In construing these Rules and Regulations, the definitions in
MGL c. 31, § 81L shall apply (unless a contrary intention
clearly appears). In addition, the following words shall have the
following meanings:
APPLICANT; DEVELOPER; SUBDIVIDER
The person who applies for the approval of a plan of a proposed
subdivision. The applicant or applicants must be the owner or owners
of all the land included in the proposed subdivision. An agent, representative
or his/her assigns may act for an owner, provided a properly executed
power of attorney (or other written evidence acceptable to the Board)
is submitted. In the case of a general or limited partnership, all
general partners must join in the application and must submit documentation
of the legal existence of the partnership and/or real estate trust
and its authority to do business in Massachusetts. An attorney acting
on behalf of an applicant shall be licensed to practice law in Massachusetts
and shall submit a written statement of representation.
BUILDING
A dwelling, shed, garage, or other structure; not to be interpreted
as a sewer, water or other utility line.
CERTIFIED BY (OR ENDORSED BY) A PLANNING BOARD
As applied to a plan or other instrument required or authorized
by the Subdivision Control Law to be recorded shall mean bearing a
certification or endorsement, following approval at a legal Board
meeting, signed by a majority of the members of the Planning Board
or any other person authorized by the Board to certify or endorse
its approval or other action and amend in a written statement to the
Register of Deeds and Recorder of the Land Court.
COLLECTOR STREET
A street which receives and distributes traffic from and
to various subareas within a given region, and receives traffic from
a given residential neighborhood or industrial area and carries it
to an arterial highway. These roads run through developed areas or
connect concentrations of development and carry significant volumes
of traffic.
CONSULTANTS or CONSULTING SERVICES
Includes, but is not limited to, architects, biologists and
other environmental experts, chemists, engineers, geologists, landscape
architects, planners, lawyers, sanitarians, and surveyors.
DEFINITIVE PLAN
A map of a proposed subdivision, three acetate overlays,
a development impact statement, together with all other forms, documents,
drawings, information filing fees, and reimbursement payments required
by these Rules and Regulations, submitted to the Planning Board for
its approval.
DEVELOPMENT IMPACT STATEMENT (DIS)
A documented, written analysis of a proposed subdivision which contains all information provided by Article
VIII of these Rules and Regulations, and which provides the Planning Board and its agents or consultants with information necessary for plan review. The DIS is prepared by the applicant.
ENGINEER
Any person who is registered or otherwise legally authorized
by the State of Massachusetts to perform professional civil engineering
services.
LOCAL STREET
A street which primarily provides access to adjacent land
uses.
OWNER
The owner of record as shown by the records in the Hampden
County Registry of Deeds or Land Court.
PRELIMINARY PLAN
A plan of a subdivision submitted by the applicant showing
sufficient information to form a clear basis for discussion and clarification
of its general contents and for the preparation of a definitive plan.
STATE CONSTRUCTION STANDARDS; MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
CONSTRUCTION STANDARDS
These specifications are published by the Massachusetts Department
of Transportation. They are entitled "Standard Specifications for
Highways and Bridges," and include all supplements, updates, revisions
or future editions covering substantially the same subject matter.
All matters left open or undetermined by these specifications shall
be specified by the Board on a case-by-case basis.
[Amended during codification]
STREETS
A.
MAJOR STREETA street which, in the opinion of the Board, is likely to carry substantial volumes of through traffic.
B.
SECONDARY STREETA street other than a major street which, in the opinion of the Board, is likely to carry traffic other than just to or from lots on that street.
C.
MINOR STREETA street which, in the opinion of the Board, is likely to be used only by vehicles traveling to or from lots on that street.
D.
DEAD END STREET/CUL-DE-SACA public or private vehicular right-of-way which affords the principal means of access to abutting property and which joins another thoroughfare at only one end. Any such thoroughfare which joins or intersects a dead-end street/cul-de-sac shall have adequate access at both ends from a Town, county, or state public way adjacent to the subdivision.
SUBDIVISION
A.
The division of a tract of land into two or more lots and shall
include resubdivision, and, when appropriate to the context, shall
relate to the process of subdivision of the land or territory subdivided.
B.
The division of a tract of land into two or more lots shall
not be deemed to constitute a subdivision within the meaning of the
Subdivision Control Law under any of the following conditions:
(1)
At the time the subdivision is made, every lot within the tract
so divided has frontage on:
(a)
A public way or a way which the Clerk of the Town of Palmer
certifies is maintained and used as a public way; or
(b)
A way shown on a plan previously approved and endorsed in accordance
with the Subdivision Control Law; or
(c)
A way in existence when the Subdivision Control Law became effective
in the Town of Palmer having, in the opinion of the Planning Board,
sufficient width, suitable grades and adequate construction to provide
for the needs of vehicular traffic in relation to the proposed use
of the land abutting thereon or served thereby, and for the installation
of municipal services to serve such land and the buildings erected
or to be erected thereon. Such frontage shall be of at least such
distance as is then required by the Zoning Ordinances of the Town
of Palmer for erection of a building on such lot, and if no distance is so required, such frontage shall
be at least 50 feet.
(2)
Conveyances or other instrument adding to, taking away from,
or changing the size and shape of lots in such a manner as not to
leave any lot so affected without the frontage above set forth.
(3)
The division of a tract of land, on which two or more buildings
were standing when the Subdivision Control Law went into effect in
the Town of Palmer in which the land lies, into separate lots on each
of which one of such buildings remains standing.
SUBDIVISION CONTROL LAW
Refers to MGL c. 41, §§ 81K to 81GG, inclusive,
entitled "Subdivision Control," as last amended.
SUBDIVISION, TYPE I
A subdivision for residential purposes other than apartments
or condominium developments.
SURVEYOR
Any person who is registered or otherwise legally authorized
by the Commonwealth of Massachusetts to perform land-surveying services.
WAY
A right-of-way or means of access to a lot. A public way
is a way which has been accepted by, and the land owned by, the Town
of Palmer or by other means created as a public street. Any other
way (private way) is a way over land which is owned by a private party,
but which is set forth by deed covenant, deed description, or other
means as a private way.