For purposes of these regulations, the terms and words defined
in the Subdivision Control Law shall have meanings given therein,
unless a contrary intention clearly appears in these definitions.
The following other terms are defined as follows:
An owner of land sharing a common property line with the
applicant's property, or an owner of land across a way from the frontage
of the applicant's land.
The person or persons authorized and designated by the Planning
Board to carry out specific functions on behalf of the Board with
respect to the review of plans, investigation of conditions and inspection
or verification of improvements.
The person or persons applying for approval of plan hereunder,
including owner, agent or assigns of the owner. An agent or assigns
may act for an owner, provided written evidence of such fact is submitted.
Evidence in the form of a list of the officers and designated authority
to sign legal documents may be required for a corporation.
The level of flooding during the 100-year flood as designated
on Flood Insurance Rate Maps (FIRM), or, in the absence of such designation,
to be determined by the Planning Board based upon the best available
information regarding flood hazards, including any available United
States Geological Survey, Soil Conservation Service, and Army Corps
of Engineers studies.
Mark made in durable object of known position and elevation,
as a reference point.
Way designed to be used principally or exclusively by a bicycle,
wheelchair or pedestrian.
The Planning Board of the Town of Millbury.
A street or way open at only one end with special provisions
for turning around at the other end.
A building or portion of a building providing living quarters
for a household.
A right in land acquired by public authority or other person
to use or control property for a utility or other purpose.
As applied to an instrument, or plan required or authorized
by the Subdivision Control Law to be recorded, shall mean endorsement
signed by a majority of the members of the Board, or an individual
authorized by the majority of the members of the Board to act on behalf
of the Board.
Person registered by the Commonwealth of Massachusetts to
perform professional civil engineering services.
A lot boundary line, which abuts a public or private way
and across which line there is legal and physical access.
Area of land in one ownership with definite boundaries used,
or available for use, as the site of one or more buildings. Areas
endorsed by the Board upon a plan as "not available for building purposes"
shall not be considered lots.
The use of innovative stormwater management systems that
are modelled after natural hydrologic features. Rainfall is managed
at the source using small, cost-effective landscape features located
at the lot level.
The guidebook last revised by the Department of Environmental
Protection in February 2008, and as amended, that coordinates the
requirements prescribed by revisions to the Wetlands Regulations,
310 CMR 10.00, and the Water Quality Regulations, 314 CMR 9.00, relating
to stormwater.
The standards outlined in Chapter 1, Volume 1 of the Massachusetts Stormwater Handbook.
The Commonwealth of Massachusetts' Office of Geographic Environmental
Information and is part of the Commonwealth's Executive Office of
Environmental Affairs. Its website is www.mass.gov/mgis.
A permanent, semi-permanent or temporary marker to indicate
a boundary. Permanent monuments shall be concrete or granite markers
or drill holes, semi-permanent monuments shall be iron rods or iron
pipes, and temporary monuments shall be stakes or bean poles.
Any construction activities or land alteration resulting
in total earth disturbances equal to or greater than one acre (or
activities that are part of a larger common plan of development disturbing
greater than one acre) on an area that has not previously been developed
to include impervious cover.
The owner of record as shown by the records in the Worcester
Registry of Deeds.
Recording in the Worcester Registry of Deeds and, where registered
land is affected, filing with the recorder of the Land Court (M.G.L.
Ch. 41, S.81L).
Any construction, land alteration, or improvement of impervious
surfaces resulting in total earth disturbances equal to or greater
than one acre (or activities that are part of a larger common plan
of development disturbing greater than one acre) that does not meet
the definition of "new development."
Portion of land occupied or intended to be occupied by infrastructure.
Land to be either public or private on which an irrevocable right
of passage has been recorded for the use of vehicles, pedestrians
or both.
The Rules and Regulations Governing the Subdivision of Land
in the Town of Millbury, Massachusetts, as most recently adopted by
the Millbury Planning Board pursuant to M.G.L. Chapter 41, Section
81O.
A way within the right-of-way of a street, normally parallel
to the street, designed primarily for pedestrian use, running continuously
through existing and proposed driveways.
That portion of the way, right-of-way or street layout which
has been prepared and constructed for vehicular traffic.
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ACCESS STREET — Sometimes called a place,
lane, drive, court or cul-de-sac, the access street is designed to
conduct traffic between dwelling units and higher order streets. As
the lowest order street in the hierarchy, the access street usually
carries no through traffic.
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ARTERIAL — A high-volume street with a high
average daily traffic (ADT) that is not intended to be a residential
street. Its major function is to conduct traffic between communities
and activity centers and to connect communities to major state and
interstate highways.
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COLLECTOR — As the principal traffic artery
within residential or commercial areas, the collector carries relatively
high traffic volumes and conveys traffic from arterial streets to
lower-order streets. Its function is to promote the free flow of traffic.
The collector street's secondary function is to serve abutting land
uses.
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DEAD END — Any street, way or network of streets
or ways that connects to a through street at only one point or connects
to only one through street. The dead-end street shall begin at the
intersection of the right-of-way of the proposed street with the right-of-way
of the through street and end at the terminus of the cul-de-sac right-of-way
or, in the instance of a loop street, at the second intersection of
the right-of-way of the proposed street with the right-of-way of the
through street.
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PUBLIC WAY — Pursuant to M.G.L. Chapter 82,
any street or way which has become public in one of three ways: (1)
a laying out by public authority in the manner prescribed by statute;
(2) prescription; (3) prior to 1846, a dedication by the owner to
public use, permanent and unequivocal, coupled with an express or
implied acceptance by the Town. Generally, the official records of
the Town Clerk shall determine public ways in the Town of Millbury.
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SUBCOLLECTOR — Providing passage to access
streets that conveys traffic to collectors, the subcollector provides
frontage and access to residential lots but also carries some through
traffic to lower-order (access) streets. The subcollector is a relatively
low-volume street.
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THROUGH STREET — Any street that connects
at each end with another street. If a street connects with another
through street at a point other than the end of the street, then the
remainder of the street beyond the point of connection is deemed to
be a dead-end street.
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WAYS IN EXISTENCE WHEN SUBDIVISION CONTROL LAW BECAME EFFECTIVE IN THE TOWN — For purposes of determining whether a proposed division of lots is a subdivision, a way in existence as of the date when the Subdivision Control Law was locally adopted shall not be deemed adequate by the Board except if it meets standards set forth in Section 4.2.
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Anything constructed or erected, the use of which requires
fixed location on the ground, or attachment to something located on
the ground, including swimming pools having capacity of 4,000 gallons
or more and mobile homes, but not including walls or fences.
Pursuant to M.G.L. Chapter 41, Sections 81K through 81GG,
the division of a tract of land into two or more lots and shall include
resubdivision, 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 bylaw, 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 of at least 20 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.
Sections 81K to 81GG, inclusive, of Chapter 41 of the General
Laws of the Commonwealth of Massachusetts.
Any person who has been registered by the Commonwealth of
Massachusetts to perform land-surveying services.
Private or municipal services to be furnished within the
subdivision, including telephone, cable television, electric light
and power, gas lines, sanitary sewers, stormwater facilities, water
pipes and appurtenances.
Any lands or waters subject to M.G.L. Chapter 131, Section
40 and any local wetland controls.
