Pursuant to MGL c. 41, § 81Q, the Planning Board of the Town of Sherborn has adopted the following rules and regulations governing the subdivision of land in the Town of Sherborn. All subdivisions shall comply with the provisions of the Open Space Subdivision Bylaw, § 240-4.5, unless the Planning Board allows a development that deviates from the requirements of that bylaw by special permit. Procedures for review and submission of a special permit for a conventional subdivision design shall be subject to the general and relevant provisions of these regulations as well as the requirements for special permit requests of the Planning Board Rules and Regulations.
These Rules and Regulations Governing the Subdivision of Land
in Sherborn have been adopted for the purposes set forth in MGL c.
41, § 81M, as amended.
"Applicant" shall include an owner or his agent or representative,
or his assigns, that are responsible for submission of a subdivision
development plan to Town officials.
"Approval not required (ANR)" shall mean a process for creating
building lots in accordance with MGL c. 41, § 81P, by division
of land on an existing public way, in which each new lot fulfills
the minimum frontage requirements of the relevant zoning district.
"Board" shall mean the Planning Board.
"Conventional subdivision" shall mean a division of land into two or more lots in such a manner as to constitute subdivision as defined in MGL c. 41, § 81L, as amended from time to time, and in which minimum lot size is that required for a single-family home in the zoning district, as defined in Zoning Bylaw § 240-4.2.
"DPW" shall mean the Department of Public Works.
"General layout" shall mean an informal sketch plan of a
subdivision layout drawn on a plan of the parcel to be subdivided,
showing major environmental features, such as wetlands, and approximate
location of proposed roads and lots.
"Green infrastructure" shall mean an informal sketch plan
of a subdivision layout drawn on a plan of the parcel to be subdivided,
showing major environmental features, such as wetlands, and approximate
location of proposed roads and lots.
"Groundwater impact assessment" shall mean a detailed analysis
of existing groundwater conditions and potential impacts of a proposed
development on a parcel and in the adjacent area based on existing
data, on-site measurements, and projections of changes resulting from
development.
"Groundwater impact statement" shall mean a summary of groundwater
conditions on a parcel and in the adjacent area, based on existing,
publicly accessible data regarding soil types, location of aquifers
and estimated directions of surface water and groundwater flow.
"Homeowners' association" shall mean the corporation, trust,
or association owned by the unit owners within an open space subdivision
and used by them to manage and regulate their affairs, including any
commonly owned land or facilities.
"Low-impact development" shall mean land development and
building practices that minimize environmental impacts by preserving
natural vegetation, including trees, and promoting groundwater retention
and recharge through design features.
"Low-impact drainage system" shall mean a stormwater management
system that maximizes maintenance of clean groundwater resources through
natural filtering, retention and recharge.
"Open space subdivision" shall mean a division of land into
two or more lots in such a manner as to constitute subdivision as
defined in MGL c. 41, § 81 L, as amended from time to time,
and that (a) permanently preserves at least 60% of the land in a natural,
scenic or open condition or in agricultural, farming or forest use;
(b) preserves the significant natural, cultural, and historic features
of the land; (c) concentrates development, through design flexibility
and reduced dimensional requirements, in order to preserve those features;
and (d) calculates the amount of development allowed up front by formula.
"Owner" shall mean the owner or owners of record of all land
included within the subdivision as shown by the records of the Registry
of Deeds for the Southern District of Middlesex County or the Middlesex
South Registry District of the Land Court.
"Protected open space" shall mean land that is permanently
preserved in a natural, scenic or open condition or in agricultural,
farming or forest use, by conservation restriction or other legal
means.
"Residential unit" shall mean a building, or portion thereof,
with shared space and utilities designed for occupation by a single
family.
"Uplands" shall mean a land area that is are not under federal,
state or local wetland or floodplain jurisdiction (e.g., wetlands
and their buffer zones, floodplains and riparian areas).
"Yield plan" shall mean a calculation of the number of residential units allowed in a specific open space subdivision, using the method described in § 240-4.5D.
A.
No person shall make a subdivision within the meaning of the Subdivision
Control Law,[1] of any land within the Town, or proceed with the improvement
or sale of lots in a subdivision, or the construction of ways, or
the installation of municipal services therein, unless and until a
definitive plan of such subdivision has been submitted to and approved
by the Planning Board as hereinafter provided.
[1]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.
B.
No subdivision shall be approved unless it complies with these regulations and with the applicable provisions of zoning and other Town bylaws and regulations and of the General Laws of the Commonwealth of Massachusetts, or unless, in the opinion of the Board, such subdivision meets the requirements of public safety, including reasonable precautions against possible natural disasters, of traffic safety and convenience, of adequate water supply, stormwater drainage and sewage disposal and is designed with due regard to the rights, health and welfare of Sherborn's inhabitants, including the residents of such subdivision. The health and welfare of Sherborn's inhabitants are dependent in part on maintenance of clean groundwater resources and climate-mitigating natural tree cover. Proposed subdivisions shall conform to overall development plans adopted by the Planning Board and shall adhere to the principles of correct land use, sound planning, good engineering and environmental sustainability, including but not limited to the design standards in Article IV of these regulations.
C.
The approval of a subdivision by the Board does not affect any rights
others may have in or over the land to be subdivided, nor does it
give the applicant the right to perform work on land owned by others.
The Board is entitled to rely upon the accuracy of the information
submitted by the applicant. The acquisition of necessary rights and
the presentation of complete and correct information to the Board
are responsibilities of the applicant, and the failure to do so, including
the failure or inability to obtain all necessary permits, licenses,
releases or rights, may constitute a reason for the disapproval or
rescission of approval of a subdivision plan.
