A plan not requiring approval shall be prepared by a surveyor
and shall be clearly and legibly drawn to the requirements of the
Recorded Rules adopted by the Registry of Deeds in Massachusetts and
CMR 250-6.01. The plan shall be a minimum of 9 1/2 inches by
14 inches, shall not exceed a maximum size of 24 inches by 36 inches
and shall be drawn at a scale of one inch equals 40 feet. If multiple
sheets are used, they shall be accompanied by an index sheet showing
the entire plan. A plan not requiring approval shall contain the following
information:
1. Identification of the plan by name of the owner of record and location
of the land in question, including deed, book and page reference,
the Assessors' tax map number and lot number, area, frontage in feet,
the scale, North point, date, and datum (NAD 83 and NAVD 88).
2. The statement, "Approval Under Subdivision Control Law Not Required";
and sufficient space for the date and the signatures of all the members
of the Board.
3. A locus map at a scale of one inch equals 1,000 feet to showing the
boundaries of the abutting properties.
4. Zoning classification and location of any zoning district boundaries
that lie within the locus of the plan, including any overlay zoning
districts, which include but are not limited to, the Flood Plain District,
Aquifer and Watershed Protection Overlay District, Route 146 Highway
Corridor Overlay District, etc.
5. Site information showing all floodplains and zones, waterways and
wetland/resource areas pursuant to the Massachusetts Wetlands Protection
Act (on site and within 100 feet of the property), locations of wells
(on site and within 100 feet of the property), and front/side/rear
building setback lines. In the event this information is not accessible
by virtue of being denied access to such, the plan shall reflect what
information is accessible, and shall describe any limitation encountered.
6. In the case of the creation of a new lot, all the remaining contiguous
land area and frontage of the land in the ownership of the applicant
shall be shown.
7. In the case of the creation of a new lot, the regularity factor in
conformance with the Millbury Zoning Bylaws, Section 32.12, Odd-Shaped
Lots Prohibited.
[Amended 1-22-2007]
8. Notice of any and all decisions, including but not limited to variances,
special permits, etc., regarding the land or any buildings thereon,
including the deed, book and page numbers where such documents are
recorded in the Worcester Registry of Deeds.
9. Names of abutters from the most recent local tax list. If the applicant
has knowledge of any changes subsequent to the latest available Assessor's
records, this information shall be indicated on the plan.
10. Names and status (e.g., private or public, how developed and maintained,
etc.) of streets and ways shown on plan, and covenants regarding common
driveways, if any.
11. The names and addresses of the record owner of the land and applicant
and the name, seal, and address of the surveyor who made the plan.
12. Bearings and distances of all lines of the lot or lots shown on the
plan and the distance bearing to the nearest permanent street monument.
13. Areas of frontage that exceed an 8% grade and any items that will
limit access along the frontage (i.e., guard rails, large ledge outcroppings).
14. Site distances from the proposed access point for each proposed lot.
15. A list of all references used to establish property lines.
16. Location and description of all existing buildings and structures,
including all septic systems, surface and subsurface drainage with
front, rear and side setback requirements.
17. Location and description of all bounds, fences, walls, guard rails,
easements and/or encumbrances, including location of existing trails
and other pertinent information. Monuments shall be installed at all
points of change of direction of boundary lines of each affected lot.
At least three monuments indicating datum references shall be shown
on the property. The plan shall identify the elevation and coordinates
of these monuments. The distance between monuments shall not exceed
350 feet.
[Amended 1-22-2007; 12-13-2010; 2-13-2023]
18. The following statement: "Compliance with zoning or other regulations
is neither expressed nor implied."
19. If the plan shows any parcel(s) which is not intended as a building
lot or which does not meet the minimum requirements set forth in the
Town of Millbury Zoning Bylaw, the following statement: "Not a building
lot; no further building may occur without further approval by the
Planning Board pursuant to the Subdivision Control Law."
20. Justification/Description of basis for claim to ANR endorsement,
clearly noted both on the application form and on the plan [i.e.,
required frontage on a Town-accepted road, separation of lots with
buildings which preexist subdivision control (including evidence),
etc.]."
In determining whether an existing way has sufficient width,
suitable grades and adequate construction to qualify a plan as not
constituting a subdivision, the Board shall consider the following
conditions, among others, as a guide (see MGL Ch. 41, Sec. 81L):
1. Is the right-of-way at least 33 feet wide and of reasonable horizontal
alignment?
2. Does the existing horizontal and vertical alignment of the roadway
provide safe visibility?
3. Is the roadway constructed at least 20 feet wide, with at least 12
inches of compacted gravel, and with adequate provisions for drainage?
4. If the road could ever service more than six dwelling units, is it
bituminous surfaced or have provisions been made for such surfacing
without cost to the Town?
5. Have provisions been made for public utilities without cost to the
Town?
If the Board determines that the plan does not require approval,
it shall forthwith, without a public hearing and within 21 days of
proper submission, endorse on the plan by a majority of the Board
the words "Planning Board approval under Subdivision Control Law not
required," or words of similar import, with appropriate names signed
thereto. Such endorsement shall not be withheld unless such plan shows
a subdivision. Such endorsement shall not be deemed to constitute
any determination of compliance with the requirements of the Zoning
Bylaw. Said plan shall be returned to the applicant and the Board
shall notify the Town Clerk of its action in writing. The Board may,
by majority vote, authorize the Town Planner to endorse any such plan
on its behalf.
If the Board determines that the plan does require approval
under subdivision control, it shall, within 21 days after its proper
submission, give written notice of its determination to the Town Clerk
and to the applicant. Said plan shall be returned to the applicant
in person or via certified mail, with written reason for the Board's
action.
If the Board fails to act upon the plan or fails to notify the
Town Clerk and the applicant of its action within 21 days after its
proper submission, it shall be deemed to have determined that approval
under the Subdivision Control Law is not required, and the Board 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. The plan bearing such endorsement or the plan and such certificate,
as the case may be, shall be delivered by the Board, or in the case
of the certificate, by the Town Clerk, to the applicant. (See M.G.L.
Ch. 41 Sec. 81P, as amended)
One print of the plan shall be retained in the files of the
Board, and a second print, with a notation of its action, shall be
filed by the Board with the Building Inspector.