An applicant/developer who wishes to record a plan of land in the South Middlesex District Registry of Deeds or the Middlesex South Registry District Land Court and who believes that the plan of land does not require approval under the Subdivision Control Law may apply to the Planning Board for a determination that the proposed division of land does not require subdivision approval.
A.
For a plan of land to be considered for an approval not required (ANR) endorsement by the Planning Board, not requiring approval under the Subdivision Control Law, the plan of land must meet one of the requirements as outlined below and/or in accordance with the Massachusetts General Laws as follows:
(2)
Such division of land involves the giving of land from one parcel of land to another parcel of land where the removed land is joined to an abutting parcel of land. This division of land requires a plan note stating "Parcel X is to be joined to Lot Y and is not to be considered a separate lot;" or
(3)
The division of land creates a nonconforming lot that does not comply with the Framingham Zoning Ordinance, § 435-27, Dimensional regulations. This division of land requires a plan note stating: "For the purposes of the Subdivision Control Law, parcel X shall not be construed as a buildable lot."
B.
In such circumstances when a lot does not comply with zoning, the Planning Board shall require the lot to be labeled "Not a Building Lot Without Further Zoning Relief." When a lot is to be conveyed to an abutting property owner, the Planning Board shall require that the plans include a statement identifying to whom the lot will be conveyed and indicating that the lot is not a buildable lot, if applicable.
C.
Existing buildings. When a building exists on a parcel of land that was constructed before the enactment of the Subdivision Control Law within Framingham, this type of division of land shall be exempt from the requirements of Articles V, VI, VII, and VIII of these regulations and shall meet the following requirements:
D.
Upon the determination of the Planning Board that the division of land does not require approval under the Subdivision Control Law, the Planning Board shall forthwith and without public hearing endorse thereon the words "Approval Under the Subdivision Control Law Not Required" and the original Mylar plan of land shall thereupon be returned to the owner or applicant/developer. Such endorsement shall not be withheld by the Planning Board unless such plan shows a subdivision as defined in MGL c. 41, § 81P, as amended.
A.
Fees. The review of a project shall not commence until the required filing fee has been paid to the Planning Board.
B.
Number of documents for review. An ANR application package shall include the following:
(1)
Form 2, Approval Not Required (ANR) Application (Appendix A): two copies with original signatures (one copy for the Planning Board office and one copy for the City Clerk's office).
(2)
Form 1, Approval Not Required (ANR) Application Submittal, City Clerk Receipt (Appendix A): one paper copy.
(3)
Supplemental documentation: two paper copies.
(4)
Plan sheets/sets: one full-size paper copy 22 inches by 34 inches and six paper copies 11 inches by 17 inches. (One full-size Mylar 22 inches by 34 inches shall be provided prior to the public meeting, upon confirmation by the Planning Board that the ANR application package is complete. The full-size Mylar copy may be submitted after the review of the application by the Planning Board office to ensure that all information and plan notes are correct on the plan.)
(5)
Electronic documents: one electronic copy of all documents.
C.
Application package documentation. An applicant who submits a plan of land for determination by the Planning Board and who believes that approval under the Subdivision Control Law is not required shall file a properly executed complete ANR application package with the Planning Board. The ANR application package shall conform to the requirements of MGL c. 41, § 81P, and shall include the following:
(1)
Properly executed application forms for an ANR application package that have been signed by all applicants, co-applicants, and/or authorized persons. The Planning Board may require a deed or other acceptable verification of ownership.
(2)
Copies of covers of Form 1, ANR Application Submittal, City Clerk Receipt, and Form 2, Approval Not Required (ANR) Application, that bear the City Clerk stamps.
(3)
A plan of land for the approval not required (ANR) conforming to the requirements of § 530-28 of these regulations.
(4)
Posting of a community notice sign on the property where a new lot is being created (community notice signs are available in the Planning Board office). Where no new lots are created, no community notice sign shall be required.
(5)
A written narrative and/or summary of the proposed division of land that shall include a narrative explaining the existing conditions and the proposed division of land.
(6)
Where applicable, a list of any known variances granted by the Zoning Board of Appeals (ZBA) or other decisions and permits affecting the land included in the plan, which shall include the project case number, date granted, and description of the variance, decision, or permit.
D.
Plans for review and signature. All plans submitted for review shall bear the stamp and signature of the land surveyor and/or a professional engineer registered in the Commonwealth of Massachusetts.
The plan of land submitted for determination that approval is not required shall contain the following information:
A.
Property address, Framingham Assessor's parcel identification number, North point, date of survey, scale, plan title "Plan of Land," zoning district, zoning table that includes the existing, required and proposed dimensions of the respective zoning district and the dimensions of each lot created.
[Amended 4-4-2024]
B.
Name of record owner(s) of land, and the applicant if different from the owner.
C.
Name, date, signature, and seal of surveyor who prepared the plan, along with the name of the engineering and/or land surveying company.
D.
A locus plan that shows the entire parcel of land and its relation to existing areas and roads for approximately 300 feet from the project boundaries, or such other appropriate distance to show the abutting roadways.
E.
Names of direct adjacent abutting property owners as they appear on the latest Assessor's records.
F.
The name and width of the street providing frontage and access to the lots shown on the plan and the extent of the paved improvements within the right-of-way.
G.
All easements shall be shown and identified on the plan.
H.
Location of existing and proposed boundary lines, dimensions, and areas of all lots to which the plan relates.
I.
Names of abutting streets and/or ways, delineation of both sides of streets and/or ways, the approximate width of pavement, and a statement as to whether the street and/or way is public or private.
J.
Reference to the frontage and area of the land that shall remain under the ownership of the applicant in all cases wherein there shall result in the creation of a new lot or revised lot lines and remaining land of the owners not part of the approval not required plan of land.
K.
The statement "Approval Under the Subdivision Control Law Not Required" together with sufficient space for a signature block for the Planning Board members' signatures and date of endorsement.
L.
On any plan, wherein the Planning Board deems it necessary or consistent with the purpose and intent of these rules and regulations, additional information deemed necessary for the Planning Board to make a determination of approval not required.
M.
A note shall appear on the plan stating that "This endorsement of the Planning Board should not be construed to be a determination of conformance with the Framingham Zoning Ordinance, including, but not limited to, irregularly shaped lots, upland area, buildable lot, lot width, open space, lot coverage, minimum lot size, land disturbance and stormwater management, and/or floor area ratio, or the Framingham general ordinances in accordance with Chapter 427, Wetlands Protection, and its implementing wetlands protection regulations as well as the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, and its implementing regulations, 310 CMR 10.00, for any of the lots shown on this plan."
N.
O.
For the creation of new lots only. Location of the following features within the public right-of-way that would impede access to the parcel of land:
(1)
All human-made structures and significant natural features such as existing buildings and structures, sidewalks, stone walls and guardrails, rock outcrops, watercourses, drains, major trees (ten-inch caliper or more) if the project is on a scenic roadway, and/or other major features.
(2)
Locations of all wetlands, with identification of the thirty-foot no alteration zone, fifty-foot no build zone, 100-foot state buffer zone, 125-foot local wetland buffer zone, 125-foot vernal pool buffers for both potential and certified vernal pools, and areas within the 100-year floodplain, 200-foot riverfront, 100-foot inner riparian, and 500-foot floodplain, and other applicable floodplains.
(3)
A topographic plan at two-foot contours based on an identified benchmark for datum. Moderate slopes shall be shown on the plan as defined in § 435-27C(4), Moderate slope requirement, of the Framingham Zoning Ordinance.
A.
Pre-application approval not required (ANR) application review. Prior to the finalization of an approval not required (ANR) application package, an applicant may request a meeting with the Planning Board Administrator for the review of the application and/or plan of land. During such meeting the Planning Board Administrator can provide review of the application and/or plan of land for conformance with § 530-28 and completeness, answer questions regarding the process, and/or conduct a site visit.
B.
Delivery of an approval not required (ANR) application package.
(1)
Prior to the dropoff of an approval not required (ANR) application package the applicant shall schedule a meeting with the Planning Board office for the delivery and review of the application. (Such meeting will take approximately 30 minutes.)
(2)
Upon delivery of the approval not required (ANR) application package to the Planning Board office during the scheduled dropoff time, the Planning Board staff shall review the application to ensure that all required documents have been submitted, review the ANR process with the applicant, answer any questions that the applicant may have, and schedule the public meeting.
[Amended 4-4-2024]
(3)
Complete versus incomplete approval not required (ANR) application package.
(a)
Complete approval not required (ANR) application package. If an ANR application package is complete and conforms to the requirements of Article IV of these regulations then the Planning Board office shall sign Form 1, Approval Not Required (ANR) Application Submittal, City Clerk Receipt, prepared by the applicant. The Planning Board office shall also provide the applicant with Form 3, Approval Not Required (ANR) Checklist, which shall be also filed with the City Clerk.
(b)
Incomplete approval not required (ANR) application package. If an ANR application is incomplete and/or does not conform to the requirements of Article IV and no waivers were requested for submittal relief then the Planning Board office shall not sign Form 1, ANR Application Submittal, City Clerk Receipt, and shall provide the applicant with Form 3, Approval Not Required (ANR) Checklist, which identifies the deficiencies that need to be resolved and resubmitted for review. At such time the applicant shall be given an opportunity to make the application complete. Incomplete applications cannot be deemed filed until such deficiencies have been resolved.
(4)
Once an ANR application package is deemed complete by the Planning Board office then the applicant shall deliver Form 1, Approval Not Required (ANR) Application Submittal, City Clerk Receipt, one copy of an original Form 2, Approval Not Required (ANR) Application, and Form 3, Approval Not Required (ANR) Checklist, to the City Clerk's office, at which time the City Clerk will stamp the covers of the three documents and provide the applicant with copies of the covers bearing the City Clerk's stamps.
(5)
The applicant shall provide a copy of the stamped Form 1, Approval Not Required (ANR) Application Submittal, City Clerk Receipt, Form 2, Approval Not Required (ANR) Application, and Form 3, Approval Not Required (ANR) Checklist, to the Planning Board office.
(6)
Upon receipt of Form 1, Approval Not Required (ANR) Application Submittal, City Clerk Receipt, Form 2, Approval Not Required (ANR) Application, and Form 3, Approval Not Required (ANR) Checklist, that bear the stamps of the City Clerk, the approval not required (ANR) application package shall be deemed filed and the twenty-one-day approval not required (ANR) review timeline shall commence.
C.
Internal application review and process. Upon receiving a filed approval not required (ANR) application package the Planning Board shall:
(1)
Verify with the City Treasurer-Collector that all local taxes have been paid.
(2)
Place the approval not required (ANR) application on the Planning Board agenda during a public meeting.
(3)
Distribute the approval not required (ANR) application package to the City Engineer and the Conservation Commission for review and comment.
D.
Planning Board review.
(1)
The Planning Board shall take action on a filed ANR application package within 21 days of such filing. The Planning Board shall either endorse or not endorse the plan of land during a public meeting without public hearing.
(2)
If the Planning Board does not endorse the plan of land, the Planning Board shall notify the applicant and the City Clerk's office in writing of the reasons for not endorsing the plan of land.
(3)
If the Planning Board does not meet within 21 days of a filed ANR application package because no Planning Board meeting is scheduled, or if a scheduled meeting is canceled or postponed due weather conditions, the Planning Board Administrator is authorized to act for the Planning Board and shall note the authorization on the plan.
(a)
In the event the Planning Board Administrator is authorized to act for the Planning Board, the Planning Board Administrator shall review the approval not required (ANR) application package with the City Engineer and the Planning Board Chair or, in their absence, the Planning Board Vice Chair.
(b)
If the Planning Board Administrator does not endorse the approval not required (ANR) plan of land, they shall notify the applicant and the City Clerk in writing of the reasons for not endorsing the plan of land.
(4)
If the Planning Board votes that the plan of land does not require approval under the Subdivision Control Law, then a majority of the members shall endorse the ANR plan of land with their signatures.
(5)
Endorsement of a plan of land shall not be considered to be an approval of any subdivision or a determination by the Planning Board as to conformance with the Framingham Zoning Ordinance and/or Framingham general ordinances but is only an endorsement that the plan of land does not require approval under the Subdivision Control Law.
(6)
If the Planning Board or the Planning Board Administrator determines that the plan of land does require approval under the Subdivision Control Law or that it will not endorse the plan because it does not meet the criteria for endorsement, it shall, within 21 days of receipt of a filed ANR application package, give written notice with explanation of its determination to the applicant and file such notice with the City Clerk's office. Subsequently, the plan of land shall be returned to the applicant.
(7)
If the Planning Board fails to act upon a plan of land considered to be complete or fails to notify the City Clerk's office of its reason for not endorsing the plan within the required twenty-one-day time period, then the plan shall be considered to have received constructive approval and deemed not to require approval under Subdivision Control Law as provided in MGL c. 41, § 81P, as amended. The City Clerk's office shall issue a certificate to the applicant who submitted the plan stating that approval of the plan under the Subdivision Control Law is not required as a consequence of the Planning Board not acting upon such application within the required time period under MGL c. 41, § 81P.
A.
No notice shall be required by the Planning Board of any plan endorsed under these regulations. Any such endorsed plan of land bearing the endorsement of the Planning Board shall be recorded with the South Middlesex County Registry of Deeds or the Middlesex South Registry District of the Land Court within six months of the date of endorsement.
B.
Plans not recorded with the South Middlesex County Registry of Deeds or the Middlesex South Registry District Land Court within six months of the date of endorsement shall be required to reapply to the Planning Board under Article IV of these regulations prior to a piece of land being considered divided as shown on a plan of land.