For the purposes of these rules and regulations, the following
words and terms used herein are hereby defined or the meanings thereof
explained, extended, or limited as stated in G.L. c. 41, § 81L,
as amended. Other terms or words or phrases not defined herein or
in the Subdivision Control Law[1] shall be construed according to the common and approved
usage of the language, but technical words and phrases and such other
terms or phrases as may have acquired a particular and appropriate
meaning in law shall be construed and understood according to such
meaning.
The owner of the land referred to in an application filed
with the Planning Board, or the owner's duly authorized representative.
The Planning Board of the Town of Sterling.
A right acquired by a public authority or other person for
use or control of property for utility or other designated public
purpose.
The Floodplain District as established at § 301-4.4.1
of the Sterling Protective Bylaw.
Shall have the same definition as that used in the Protective
Bylaw.[2]
An area of land in common ownership, with definite boundaries
used, or set aside and available for use, as the site of one or more
buildings.
A lot which has legal frontage on both a public way and on
a proposed subdivision way, and which shall be shown on a subdivision
application and shall be considered a part of that plan, except for
lots which have adequate frontage on existing ways to conform to zoning
requirements for a building lot.
Shall refer to the latest edition with amendments.
The General Laws of the Commonwealth of Massachusetts, Ter.
Ed., with all additions thereto and amendments thereof. In the case
of a rearrangement of the General Laws, any citation of particular
sections herein set forth shall be applicable to the corresponding
sections in the new codification.
Sewers, surface water drains, and other private or public
utilities, including water pipes, gas pipes, electric lines, cable
television lines, telephone lines, fire alarm lines, and their respective
appurtenances.
As applied to real estate, the person (hereinafter defined)
holding the ultimate fee simple title to a parcel, tract, or lot of
land, as shown by the record in the appropriate land registration
office, registry of deeds, or registry of probate.
A permanent reference point with the elevation accurately
established by stone bounds and referenced to the United States Coast
and Geodetic Survey datum.
An individual, partnership, corporation, or two or more individuals
or a group or association of individuals, having common or undivided
interests in a tract of land.
The Zoning Bylaw of the Town of Sterling.[3]
That portion of the way, right-of-way, or street layout which
has been prepared and constructed for vehicular traffic.
CARTWAYShall be defined as set forth in the Sterling Protective Bylaw and elsewhere in these rules and regulations. Cartways are only allowed in Performance Zone I.
COLLECTORA street with anticipated traffic equivalent to that generated by 50 homes or more, or which serves abutting land zoned for business or industry.
DEAD-ENDA street or a combination of streets which has only one means of ingress from or egress to a collector or minor street.
LANEA dead-end street as shown on a subdivision plan. A lane may serve as access to no more than six dwelling units unless and until it has been converted to a through street via submission and approval of a subsequent new or amended subdivision plan as defined by the subdivision rules and regulations in effect at the time of said submission.
MINORA street which cannot qualify as a lane but which can be expected to handle less traffic than a collector street and which serves no abutting land zoned for business or industry.
"The division of a tract of land into two or more lots and
shall include re-subdivision, and, when appropriate to the context,
shall relate to the process of subdivision or the land or territory
subdivided; provided, however, that 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 if, at the time
when it is made, every lot within the tract so divided has frontage
on (a) a public way or a way which the clerk of the city or town certifies
is maintained and used as a public way, or (b) a way shown on a plan
theretofore 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 city or town in which the land lies, 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 zoning or
other ordinance or by-law, if any, of said city or town for erection
of a building on such lot, and if no distance is so required; such
frontage shall be at least twenty feet. Conveyances or other instruments
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, or 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 city or town in which the land lies into separate
lots on each of which one of such buildings remains standing, shall
not constitute a subdivision." See G.L. c. 41, § 81L.
G.L. c. 41, §§ 81K to 81GG, inclusive, and
any amendments thereof, additions thereto, or substitutions therefor.
The Town of Sterling.
The full strip of land designated as a way, consisting of
the roadway, and any planting strips or sidewalks. A way so designated
shall be available only for such uses as are customary for ways in
the Town, and shall not be available for any private construction
such as buildings, fuel tanks, septic systems, fences, or walls.
Land extending across the required width of the lot and lying
between the street line of the lot and the nearest line of the building.
The depth of the front yard shall be the minimum distance between
the building and the front lot line.
A.
General.
(1)
All plans, and all procedures relating thereto, shall comply in all
respects with the provisions of these rules and regulations, unless
the Board authorizes a variation therefrom in specified instances.
(2)
Any person desiring to make a subdivision within the meaning of the
Subdivision Control Law of any land within the Town shall, before
proceeding with the improvement or sale of lots in the subdivision,
or the construction of ways, or the installation of municipal services
therein, submit to the Board a plan of such subdivision and secure
approval by the Board of a definitive plan as hereinafter provided.
(3)
The Board shall not approve or modify and approve any plan of a subdivision
of land, unless all lots and other aspects of such plan conform to
the Protective Bylaw of the Town or a variance from the terms thereof
has been granted by the Board of Appeals.
B.
Issuance of building permits. The official in the Town authorized
to issue building permits shall not issue any permit for erection
of a building until first satisfied:
(1)
That the lot on which the building is to be erected is not within
a subdivision;
(2)
That a way furnishing the access to the lot within a subdivision
as required by the Subdivision Control Law is shown on a recorded
plan and that any conditions endorsed thereon limiting the right to
erect or maintain buildings on such lot have been satisfied; and
(3)
That all other applicable requirements have been met.
C.
Legal professional and technical assistance. The Board may assign
as its agents appropriate Town officials, and may hire legal and professional
technical assistance to review plans and inspect improvements at the
cost of the applicant.
D.
Modification, amendment, or rescission. The Board, on its own motion
or on the petition of any interested person, shall have the power
to modify, amend, or rescind its approval of a plan of a subdivision,
or to require a change in a plan as a condition of its retaining the
status of an approved plan, after due notice and opportunity to the
owner to be heard in accordance with G.L. c. 41, § 81W,
as amended.
E.
Submission of plans. Plans shall not be considered "submitted" until
all required documentation has been received by the Board, including
fees.
F.
Fees. The fees indicated in Appendix A, Planning Board Fee Schedule,[1] shall accompany the submittal of application materials
of the various plans specified in the rules and regulations, to cover
costs of processing, legal and technical review, and inspection.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
A.
Submission. An applicant, who wishes to record in the Registry of
Deeds or to be filed with the Land Court a plan of land and who believes
that such plan does not require approval under the Subdivision Control
Law, pursuant to G.L. c. 41, §§ 81L and 81P, may submit
such an approval not required or "ANR" plan to the Planning Board,
along with a completed Form A, Application for Endorsement of an Plan
Believed Not to Require Approval, accompanied by the necessary evidence
to show that the plan does not require approval under the Subdivision
Control Law, as set forth below, along with the required fee, and
request that the plan be endorsed "Approval Not Required Under the
Subdivision Control Law."
B.
Application form and copies.
(1)
An applicant shall submit an application on Planning Board Form A,[1] attached hereto, together with:
(a)
One original Form A application (fully executed);
(b)
One Mylar, and six copies of the ANR plan;
(c)
A copy of the plan in PDF format; and
(d)
All the necessary evidence to show that said ANR plan does not
require subdivision approval.
[1]
Editor's Note: Form A is on file in the Town offices.
(2)
Required signatures on application. The Form A application shall
be signed by the applicant and the owner [i.e., all owner(s)] of record
of all the land proposed to be divided by the ANR plan. The application
shall be signed under oath and shall certify that all of the owners
of record have executed the application. In addition, the engineer
and/or surveyor who prepared the plan shall sign the application and
certify that the plan (referring to the date and last revision date
of the plan submitted), as prepared, to the best of his/her knowledge,
conforms to all of requirements of the regulations.
(3)
Required application fee. An applicant shall submit the required
fee as set forth: $200 base fee, plus $75 per lot.
(4)
Delivery of application. An ANR plan shall be submitted to the Planning
Board no later than seven calendar days prior to the next scheduled
meeting for inclusion on that meeting's agenda or by registered
mail. (See G.L. c. 41, §§ 81O, 81P and 81T.)
(5)
Filing with Town Clerk. An applicant shall file, by delivery or registered
mail, a written notice with the Town Clerk stating the date of submission
of such a plan to the Planning Board under G.L. c. 41, § 81T.
(6)
Effective date of Subdivision Control Law. The Town accepted the
provisions of the Subdivision Control Law on circa 1954.
(7)
ANR plan requirements. An ANR plan shall satisfy all of the requirements
set forth below.
(a)
Preparation. An ANR plan shall be of a minimum dimension of
11 inches by 17 inches but shall not exceed a dimension of 24 inches
by 36 inches, and shall be drawn at a minimum scale of one inch equals
80 feet and a maximum scale of one inch equals 40 feet. Applicants
should be aware of the requirements and limitations of the T.O.S.
"Regulations for the Designation of Scenic Roads and Alterations of
Trees and Stone Walls Thereon," adopted March 31, 2004.
(b)
Contents. An ANR plan shall contain, but shall not necessarily
be limited to, the following information and shall be based upon an
on-the-ground survey:
[1]
Name, address, telephone number and email address of the applicant
and each owner of record for the land to be divided under the ANR
plan.
[2]
North point, date, scale, legend.
[3]
Each lot shall be numbered for identification.
[4]
Date of ground survey performed and seal and signature of the
registered professional who prepared said plan.
[5]
Name, address and seal of the registered professional engineer
and registered land surveyor who prepared, signed and stamped said
plan.
[6]
Names and addresses of all abutters from the most recent Town
tax list to be listed on the identified parcel(s).
[7]
The Assessing Map reference for the land proposed to be divided.
[8]
Existing and proposed boundary lines, dimensions and areas of
each of the parcels and lots shown on said plan, with all bounds,
keyed into the Massachusetts grid system. At least two bounds shall
reference the corresponding Massachusetts grid coordinates. If the
division is within 500 feet of a highway or road which has been laid
out by the Town of Sterling, Worcester County Commissioners, or the
Massachusetts Department of Transportation, the division shall also
be tied into two or more permanent points or bounds of the existing
highway or road by bearing and distance.
[9]
Existing and proposed lines of streets, ways and easements and
whether each is a public or private way.
[10]
Zoning classification and location of any zoning district boundaries
that may lie within the locus.
[11]
Topographical lines for all proposed lots with two-foot contour.
[12]
Any present or proposed public areas within the property.
[13]
Location of all existing buildings or structures, if any, including
setback and side and rear yard designations of any existing structures
on any remaining adjoining land owned by the applicant and dimensions
of yards relating to such structures. A note shall be placed on the
plan as follows: "Endorsement of this plan shall not be deemed to
be a verification of the location of the structures shown or setbacks
indicated."
[14]
Proposed or existing permanent monuments.
[15]
The limits of all wetlands or a notation that there are no wetlands,
if none exist. If wetlands limits exist, then a note shall be placed
on the plan as follows: "Endorsement of this plan shall not be deemed
to be a verification of the location of the wetlands shown on this
plan and can be verified only by a current plan approved by the Conservation
Commission."
[16]
A locus map at a minimum scale of one inch equals 1,000 feet
extending a minimum of 1/2 mile beyond the property limits.
[17]
Location of any easement, public or private, across the land,
with a designation as to the use of the same.
[18]
A signature block shall be placed on the plan that provides
sufficient space for the date of endorsement and the signatures of
the members of the Planning Board.
[19]
Endorsement.
[a]
In any instance in which ANR endorsement of a plan
is sought based upon the assertion that the plan shows a division
of a tract of land on which two or more buildings were standing when
the Subdivision Control Law went into effect into separate lots on
each of which one of such buildings remains standing, under G.L. c.
41, § 81L, definition of "subdivision," the applicant shall
provide information to satisfy the Planning Board that:
[i]
The buildings are presently substantial in nature.
[ii]
The buildings were substantial in nature and in
existence on or before the effective date of the Subdivision Control
Law in the Town of Sterling.
[iii]
The buildings were on the same tract of land
on or before the effective date of the Subdivision Control Law in
the Town of Sterling.
[iv]
Each of the new parcels to be created for each
of the buildings will qualify as a "lot" within the meaning of G.L.
c. 41, § 81L.
[v]
Section 310 CMR 15.010 if applicable.
[b]
In the event that the Planning Board votes to endorse
such an ANR plan, a note shall be placed on each of the new parcels
created as follows: "This parcel was created as a separate parcel
under G.L. c. 41, § 81L, definition of 'subdivision,'
and zoning compliance requirements shall be followed prior to conveyance
of the parcel as a separate lot with a building that may be occupied
either by: 1) obtaining a special permit that a lawfully preexisting,
nonconforming lot may be extended changed or altered so as to allow
the proposed division and conveyance; or 2) obtaining a variance to
address all nonconformities."
[20]
A note shall be placed on every ANR plan as follows: "Approval
Under the Subdivision Control Law Not Required."
[21]
A note shall be placed on every ANR plan as follows: "Endorsement
of this plan shall not be an indication, express or implied, that
the parcels or structures shown on this plan conform to applicable
zoning requirements."
C.
Planning Board action. Applicants shall be notified when their ANR
plan has been placed onto the Planning Board agenda. The Planning
Board shall review the ANR plan to determine whether it is a subdivision
within the meaning of the Subdivision Control Law and whether it conforms
to the standards for endorsement of an ANR plan. Specifically, the
Planning Board shall determine whether each and every lot shown on
the plan has the minimum frontage required by the Zoning Bylaw on
a suitable way per G.L. c. 41, § 81L. The Planning Board
shall also determine whether vital, direct, practical, and traversable
access exists from an abutting way to the buildable portion of the
lot(s). Such access shall be safe and convenient for travel.
D.
Endorsement. If the Planning Board determines that the ANR plan does
not require approval under the Subdivision Control Law, a majority
of the Planning Board or its ANR agent 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," together with any
reasonable notations to indicate that:
(1)
Endorsement shall not constitute a determination as to zoning compliance;
(2)
In particular cases, that further zoning relief shall be required
if endorsement is obtained under G.L. c. 41, § 81L, definition
of "subdivision."
(3)
Denial of endorsement. If the Planning Board determines that an ANR
plan does require approval under the Subdivision Control Law or does
not conform to the standards for endorsement hereunder, it shall,
within 21 days of submission of said plan, notify the applicant and
the Town Clerk, in writing, that in the Planning Board's opinion
the plan shows a subdivision and cannot be endorsed and return the
Mylar plan to the applicant.
(4)
Constructive endorsement. The failure of the Planning Board to take
final action within 21 days of submission to endorse or refuse endorsement
for a plan submitted under G.L. c. 41, §§ 81L and 81P
may result in a constructive endorsement as provided for by state
law.
(5)
Distribution of prints and original tracing. One copy of the endorsed
ANR plan shall be retained by the Planning Board for its files. An
endorsed copy shall be forwarded to the Town Clerk, Building Department,
Assessors, Board of Health and DPW. The Mylar shall be returned to
the applicant for recording in the Worcester Registry of Deeds or
for registration with the Land Court. No construction shall commence
in accordance with the endorsed ANR plan until it has been duly recorded.
A.
General. Plans shall be endorsed as not requiring approval under
the Subdivision Control Law and subdivision plans shall be approved
only if each building lot to be created by such plan has adequate
access as intended under the Subdivision Control Law, G.L. c. 41,
§§ 81K through 81GG.
B.
Standards of adequacy. Streets within a subdivision shall be considered to provide adequate access if, and only if, complying with the standards established in the Planning Board's Subdivision Rules and Regulations. Ways providing access to lots developed pursuant to G.L. c. 41, § 81P, shall normally be considered adequate for access if said way is shown on an approved subdivision plan or as a public way on the Sterling Official Map as adopted under G.L. c. 41, §§ 81E through 81H. Existing ways providing access to streets within a subdivision shall be considered to provide adequate access if there is assurance that prior to occupancy on any lots, access will be in compliance with the standards set forth in Subsection B(1) or (2) below:
(1)
Table of Minimum Access Standards for Development Potentially Served.
[NOTE: The number of dwelling units in the "development potentially
served" shall be determined by the Planning Board based upon limitations
annotated on the plan creating the lots in question or on review of
other pertinent information.]
|
1 to 6 Dwelling Units/Unpaved Road
|
1 to 6 Dwelling Units/Paved Road
|
7 or More Dwelling Units or Any Nonresidential Use
| |
|---|---|---|---|
|
Surface Type
|
Gravel
|
3-inch bituminous concrete
|
3-inch bituminous concrete
|
|
Minimum Gravel Base (inches)
|
12
|
12
|
12
|
|
Minimum Right-of-way width (feet)
|
40
|
40
|
50
|
|
Minimum Surface Width (feet)
|
16
|
16
|
20
|
|
Minimum Sight Distance (feet)
|
75
|
75
|
125
|
|
Maximum Grade
|
6%
|
10%
|
10%
|
(2)
The Planning Board may determine, following consultation with the
Police Chief, Fire Chief, and Board of Selectmen, that the way in
fact will be sufficient to serve the needs for access and utilities
to serve potential uses of land abutting on or served by the way in
question.
(3)
In all cases there must be adequate provision of utilities and drainage
facilities without reliance on Town expenditures which have not previously
been authorized by Town Meeting.
C.
Obligations. The Board may require, as a condition of its approval
of a subdivision plan, that the developer dedicate or acquire and
dedicate a strip of land for the purpose of, widening accessways to
a width as required in these regulations above, and that the applicant
make physical improvements within such way or compensate the Town
for the cost of such improvements in order to meet the standards specified
above.
D.
Waiver of access rules. The Board may waive strict compliance with
these access regulations only upon its determination, following consultation
with the Selectmen, Superintendent of Streets, Police Chief, and Fire
Chief, that the way in fact will be otherwise sufficient to serve
the needs for access to serve potential uses of land abutting on or
served by the way in question.
Strict compliance with these rules and regulations may be waived
when, in the judgment of the Board, such action is in the public interest,
not inconsistent with the Subdivision Control Law, and promotes public
health and safety.
