A.
The applicant shall be the owner of all the land shown
on the plan application, or be authorized to act upon behalf of the owner.
Evidence of such authorization shall be provided to the Board
with the application.
B.
The applicant shall file with the Planning Board proof
of ownership of the land and, if a nonowner applicant, proof in writing of
authority to act for the owner. A copy of the most recently recorded deed
and the most recent real estate bill or certification of assessment to the
owner from the Board of Assessors shall be submitted with all plan applications.
Evidence of payment of all property taxes for each parcel shown on the plan
shall also be submitted.
All plans submitted to the Board shall include a certification as to
their conformance with these rules and regulations and as to the validity
of their content executed by a land surveyor or professional engineer, or
both, as required by the Board. The Board suggests that the owner be represented
at any meeting with the Board by the person responsible for the design of
the subdivision and the preparation of the plans.
A.
General. No plan shall be endorsed as not requiring approval
under the Subdivision Control Law, and no subdivision plan shall be approved
unless each building lot to be created by such plan has adequate access as
intended under the Subdivision Control Law, Chapter 41, General Laws, §§ 81-K
through 81-GG.
B.
Standards of adequacy. Streets within a subdivision shall have adequate access if they comply with the standards established in Articles VI and VII of this regulation. Existing ways providing access to the streets within a subdivision, or providing access to lots said not to be within a subdivision, shall be considered to provide adequate access only if there is assurance that prior to construction on any lots, access will be in compliance with the following:
Standards of Adequacy for Existing Ways
| |||||
---|---|---|---|---|---|
Total No. of Dwelling Units
|
1-4**
|
5-10
|
11-49
|
50+
|
Business District
|
Minimum ROW width (feet)
|
33
|
33
|
40
|
50
|
60
|
Surface type****
|
3 inches bit. con.
|
3 inches bit. con.
|
4 inches bit. con.
|
4 inches bit. con.
|
4 inches bit. con.
|
Surface width* (feet)
|
***
|
18
|
22
|
24
|
24
|
Minimum sight distance (feet)
|
250
|
250
|
250
|
350
|
250
|
Maximum grade
|
10%
|
10%
|
8%
|
6%
|
6%
|
*
|
Over the entire width of the way, including curbing and berms,
if any.
| |||||
**
|
No further access; see definition of a "street, minor B."
| |||||
***
|
For residential lots: 14 feet wide for two lots; 16 feet wide
for three lots; and 18 feet wide for four lots.
| |||||
****
|
With adequate road base in the opinion of the Board's
engineer.
|
C.
Obligations. The Board may require, as a condition of
its approval of a subdivision plan, that the applicant dedicate or acquire
and dedicate a strip of land for the purpose of widening accessways and/or
intersections to land shown on a subdivision plan, and providing access to
that subdivision, to a width as required above, and that the applicant either
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.
Access roads. The Planning Board may require that ways
in a proposed subdivision be connected to more than one access road adjoining
the subdivision, depending on the existing or proposed road network, the topography
and the size of the subdivision.
E.
Conditions. In any case in which the Board deems ways
are not adequate, it may approve a subdivision plan with conditions limiting
the lots upon which buildings may be erected and the number of buildings that
may be erected on particular lots without further consent by the Board to
the access provided and in each case such conditions shall be endorsed on
the plan to which they relate.
A.
Sight distances at road intersections shall be measured
at an eye height of 3.5 feet and an object height of 4.25 feet above the pavement,
from the center of the right lane, at the intersection with the pavement of
the existing street.
B.
Site distances shall be measured according to posted
speeds as follows:
Posted Speed on Existing Road
(mph)
|
Required Site Distance
(feet)
| |
---|---|---|
30
|
350
| |
35
|
415
| |
40
|
475
| |
45
|
540
| |
50
|
600
|
C.
Where speeds are not posted, the following standards shall apply:
Area Description
|
Design Speed
(mph)
|
Required Site Distance
(feet)
| |
---|---|---|---|
Thickly settled and/or buildings less than 200 feet apart
|
30
|
350
| |
Outside a thickly settled or business district
|
40
|
475
| |
On a highway outside a thickly settled or business district
|
50
|
600
|
The applicant shall flag the boundaries of any wetlands within a subdivision.
The flagged boundary shall be delineated on the plan.
In special instances where subdivision construction could result in
excessive removal of large trees, the Planning Board may require a tree map
showing the size, species and location of all trees over six inches in diameter.
A.
Plans shall not be deemed to have been submitted until
all the requirements of these regulations regarding form, content and procedure
have been met.
B.
The applicant shall endeavor to ensure that a completed
application is made at the time of submission, in order to allow the staff
and the public opportunity to review the application in its entirety, prior
to the public hearing. The Planning Board may deny incomplete applications
and plans that do not meet the requirements of these regulations.
C.
Where the Board finds at a duly noticed public meeting
that the application is incomplete, the Board may deny approval of the application
as the first order of business at the public hearing, without a grant of leave
to amend.
One copy of the application for plan approval or endorsement shall be
submitted to the Planning Board. Notice of the application shall be submitted
to the Town Clerk by delivery or registered mail.
A.
When required. The applicant shall submit an environmental
analysis (EA) on the EA Form [1] for any subdivision which:
(1)
Provides access to 10 or more dwelling units; and/or
(2)
Provides access to four or more acres of nonresidentially
zoned land; and/or
(3)
Is a multifamily or nonresidential subdivision with access
to or located within 500 feet of Route 132, Route 28 or Route 6A.
(4)
If the Board determines it appropriate in light of special
circumstances, based upon recommendations from the Planning Department and/or
the Department of Public Works.
[1]
Editor's Note: Form EA is included at the end of this chapter.
B.
Waivers from the environmental analysis (EA). Based upon
recommendation(s) from the Planning Department and the Department of Public
Works, Engineering Division, the Planning Board may waive any or all sections
of the EA upon receipt of a written request by the applicant. It is strongly
recommended that the applicant seek the determination prior to the submission
of any plans.
C.
Submission. It is recommended that the EA Form be submitted
providing appropriate detail with the preliminary plan in order to avoid errors
or extra commitments which waste valuable time and resources. The completed
form shall be filed with the definitive plan or a waiver obtained. Questions
should be directed to the Planning Department.
D.
Mitigation of impacts. Subdivisions plans shall be designed
so as to mitigate impacts upon natural resources and the Town's infrastructure.