A.
Request for ANR endorsement.
(1)
Any person who wishes to cause to be recorded in the Registry of Deeds or to be filed with the Land Court a plan of land and who believes that his plan does not require approval under the Subdivision Control Law may submit a request for ANR endorsement containing the following:
(b)
Three full-size prints of the plan and one Mylar.
(c)
Five reduced copies of the plan (11 inches by 17 inches).
(d)
A completed Form ANR-1 (including all required supplemental forms).[1]
[1]
Editor's Note: The forms are included as an attachment to this chapter.
(e)
The required fee, as specified in Appendix B.[2]
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
(f)
The necessary evidence to show that the plan does not require approval under the Subdivision Control Law.
(2)
This request shall be submitted to the Planning Board in accordance with all requirements of MGL c. 41, § 81P.
(3)
Properties shown as "remaining land" or similar notation have no special status. They shall be included in all fee calculations and shall have all required data shown.
B.
Fees for ANR endorsement. All ANR plans shall require an application fee as listed in Appendix B of these regulations, excluding lots and parcels that are unaffected by the endorsement.
C.
Requirements for ANR plans.
(1)
All plans submitted for ANR endorsement shall show the following:
(a)
Title.
(b)
North arrow.
(c)
Date of survey.
(d)
A locus map at a scale not greater than one-inch equals 2,000 feet.
(e)
Scale.
(f)
Existing and proposed boundary lines. The plan shall clearly distinguish between the two.
(g)
Areas of jurisdictional wetlands, only to the extent that they might materially affect existing or proposed access to the lot frontage.
(h)
Total frontage of each property. If any property frontage is described as a sequence of segments, then the total frontage must be shown in addition to the length of each segment.
(i)
Zoning district of each lot and parcel, including any applicable overlay districts, and all zoning district boundaries.
(j)
Lot numbers for existing properties, as well as house numbers, as applicable.
(k)
Name and address of record owner.
(l)
Name, address, seal and signature of engineer or surveyor.
(m)
Names of all abutters as they appear in the most recent tax list, unless the applicant has knowledge of any subsequent changes.
(n)
Existing and proposed lines of streets, ways and easements. If any easement is located to potentially affect access to the property, then a copy of the easement language shall be furnished.
(o)
Location of all buildings or structures.
(p)
Existing contours at a minimum of five-foot intervals and the location of any topographic features which might interfere with the use of the frontage for access.
(q)
Location of all bounds, brooks, fences, guardrails, barriers or walls.
(r)
Notice of any decisions by the Zoning Board of Appeals regarding variances regarding the land or any buildings thereon that might have impact upon lot frontage and access thereto.
(s)
The statement "Approval under the Subdivision Control Law Not Required" and sufficient space for the signatures of all Planning Board members.
(2)
All plans shall be drawn to a scale of one inch equals 40 feet. However, the Town Planner, under delegation from the Planning Board, may modify this requirement, without written request, whenever the scale is increased for the purpose of allowing the entire plan to fit on one sheet and there is no loss of information or clarity by such increase in scale.
(3)
Label any area of land that does not meet the current frontage or acreage requirements a "parcel" and any area of land that meets both a "lot." Lots shall be assigned numbers, while parcels shall be assigned capital letters. Plans that use the term "lot" to describe areas that do not meet both the frontage and acreage requirements will be rejected.
(4)
Any way known to be a private way shall be clearly labeled as such.
(5)
No street may be labeled a "public way" or other such notation unless accompanied by such evidence, based on a review of the Town's records, that will demonstrate that the way is legally a public way. The use of the phrase "public way" on maps or plans, whether or not such plans have been filed at a Registry, does not by itself constitute adequate evidence.
(6)
Ways used for frontage must qualify under the definitions used in the Ayer Zoning Bylaw.[3] The applicant shall provide such evidence as may be necessary to establish this. It is the policy of the Board to waive this requirement routinely for the large number of roads known personally to the Board as being maintained by the Town. However, this does not diminish the authority of the Board to require such explicit evidence for ways not known to the Board or for which the status or condition is in doubt.
(7)
Except for perimeter plans and properties that are the recipients of a conveyance, no property unaffected by a plan shall be part of the plan.
(8)
If any property does not have sufficient frontage, then the plan shall include one or more notations completely explaining why such property does not cause the plan to show a subdivision.
(9)
If any property lacking adequate frontage is to be labeled "not available for building" or other such similar notation, then the application must be accompanied by such deed, restrictive covenant, easement or other document that will demonstrate why the property is not available for building and cannot be made so, and the plan must clearly note such provisions.
D.
In determining access, the Planning Board will consider both the adequacy and condition of the road providing access and the feasibility of access from the frontage to the buildable portion of any lot. If a road is not yet constructed, then the adequacy of any bond or other provisions to ensure the construction of such road will be considered. The latest edition of the Approval Not Required Handbook published by the Department of Housing and Community Development may be used for guidance, and the Planning Board may choose to consult with Town Counsel.
E.
The Board may take the following actions on plans submitted for endorsement under this section. The Board has 21 days from the date of submission in which to make its decision to favorably endorse, not endorse, or allow the petitioner to withdraw.
(1)
It may reject the application as incomplete or not in compliance with these requirements. The fee will not be refunded. If a new application for the same properties is submitted within six weeks (42 days), then the reapplication fee shall be as specified in Appendix B.[4] This reduction will only be applied once; subsequent reapplications shall pay the full fee.
[4]
Editor's Note: Appendix B is included as an attachment to this chapter.
(2)
If the Board determines that the plan does not require approval, it shall without a public hearing endorse on the original plan the words "Planning Board Approval under Subdivision Control Law Not Required." Said original plan shall be returned to the applicant, and the Board shall notify the Town Clerk of its action.
(3)
If the Board determines that the plan does require approval under the Subdivision Control Law, it shall so inform the applicant and return the original plan. The Board shall also notify the Town Clerk of its determination. The fee is not refundable in this case, nor will it be applied to any reapplication.