A.
Submission of plan.
(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[1] shall submit the plan, the required filing fee, eight contact prints and properly executed Forms A and E (See Appendix)[2] to the Planning Board at a regularly scheduled meeting accompanied by the necessary evidence to show that the plan does not require approval. Said person shall file, by delivery or registered mail, a notice with the Town Clerk, stating the date of submission for such determination, accompanied by a copy of said application, and describing the land to which the plan relates sufficiently for identification. If the notice is given by delivery, the Town Clerk shall, if requested, give a written receipt therefor.
[2]
Editor's Note: The appendix titled "Forms" is included as an attachment to this chapter.
(2)
The applicant shall submit a disk (CD, DVD, Zip, or diskette) containing the plan, produced by an AutoCAD® or similar computerized drafting system in a format compatible with the Town's system such as AutoCAD® drawing format (.dwg), data exchange format (.dxf) or ESRI interchange format (.e00), registered to Massachusetts State Plane (Mainland) Coordinates, North American Datum of 1927 or 1983, as part of the application for endorsement of the plan. Orthophotos available from MassGIS may be used in registering data. If the applicant is unable to provide the above, a fee determined by the Board will be charged to cover the cost of digitizing the plan.
[Amended 12-10-2001]
B.
Form and contents of plan. Said plan shall be of the dimensions 12 inches by 18 inches, 18 inches by 24 inches, 24 inches by 36 inches and shall be prepared in such a manner as to meet the Registry of Deeds and/or Land Court requirements for recording and shall contain the following information:
(1)
Identification of the plan by name of owner of record ("deed reference") and location of the land in question.
(2)
The statement "Approval Under Subdivision Control Law Not Required," and sufficient space for the date and the signatures of all five members of the Board.
(3)
Zoning classification and location of any zoning district boundaries that may lie within the locus of the plan.
(4)
In the case of the creation of a new lot, the remaining land area and frontage of the land in the ownership of the applicant shall be shown.
(5)
Notice of any decisions by the Zoning Board of Appeals, including but not limited to variances and exceptions, regarding the land or any buildings thereon.
(6)
A list of abutters from latest available Assessors' records unless the applicant has knowledge of any change subsequent to the latest available Assessors' records. (Form E, Certified List of Abutters.[3])
[3]
Editor's Note: All forms are included as an attachment to this chapter.
(7)
Names and status of private and public streets and ways shown on the plan.
(8)
Bearings and distances of all lines of the lot or lots shown on the plan and the distance to the nearest permanent monument. The plan shall show a minimum of three permanent bounds.
(9)
The location of all existing buildings on the land shown on the plan or within 50 feet of its boundaries, including setback and side and rear yard designations as required by zoning.
(10)
Existing contours at five-foot intervals and the location of any topographic features which interfere with the use of the frontage for access. Contours shall be based on the U.S.C. and G.S. Datum. A bench mark shall be shown on the plan.
(11)
Location of all bounds, brooks, fences, walls and bodies of water, including, but not limited to, streams, brooks, watercourses, ponds, lakes and other standing bodies of water. Said plan shall reflect the average annual high-water level with respect to any such bodies of water.
(12)
A locus map at a scale not to exceed 1,000 feet to the inch.
C.
Endorsement of plan not requiring approval.
(1)
If the Board determines that the plan does not require approval, it shall without a public hearing and within 21 days of submission endorse on the plan the words "Approval Under the Subdivision Control Law Not Required." Such endorsement shall not be deemed to constitute any determination of compliance with requirements of the Zoning Bylaw. The Board shall also notify the Town Clerk of its determination.
(2)
The Planning Board may add to such endorsement a statement of the reason or reasons approval is not required. The original copy of the plan shall be returned to the applicant, who shall file it with the Registry of Deeds within six months and return a receipt of filing to the Planning Board within seven months. These communications shall be sent by certified mail with return receipt requested.
D.
Determination that plan requires approval. If the Planning Board determines that the plan does require approval under the Subdivision Control Law,[4] it shall, within 21 days of the submission of the plan, so inform the applicant, in writing, and return the plan. The Planning Board shall also notify the Town Clerk, in writing, of its action.
E.
Failure of Board to act. If the Planning Board fails to act upon a plan submitted under this section or fails to notify the Town Clerk and the person submitting the plan of its action within 21 days after its submission, it shall be deemed to have determined that approval under the Subdivision Control Law is not required, and it shall forthwith make such endorsement on said plan, and on its failure to do so forthwith, the Town Clerk shall issue a certificate to the same effect.