As used in this chapter, the following terms shall have the
meanings indicated:
The Planning Board of the Town of Blackstone.
A street, extension of a street, or system of streets connected
to other streets only at a single point.
The Flood Hazard District as established in the Blackstone
Zoning Bylaw.[1]
A subdivision any part of which lies within any district
other than the Residence Districts established by the Blackstone Zoning
Bylaw.
A subdivision which lies entirely within the Residence Districts
established by the Blackstone Zoning Bylaw.
A way providing access including collector streets, minor
streets, and lanes defined as follows:
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COLLECTOR STREET — A street which accommodates traffic
equivalent to that generated by 50 homes or more, or which serves
non-residential abutting property.
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MINOR STREET — A street which accommodates traffic equivalent
to that generated by a minimum of seven homes and a maximum of 49
homes which has no abutting property either used or zoned for commerce
or industry, and which is not capable of extension.
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LANE — A street which carries traffic equivalent to that
generated by six or fewer dwelling units, which has no abutting property
either used or zoned for commerce or industry, and which is not capable
of extension.
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The division of a tract of land into two or more lots as
more fully defined in MGL c. 41, § 81L (Subdivision Control
Law).
The power of regulating the subdivision of land granted by
the subdivision control law.
No person shall make a subdivision within the meaning of the
Subdivision Control Law 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.
A.
Necessity. Only those plans which constitute "subdivisions" as that
term is defined in MGL c. 41, § 81L, require the approval
of the Planning Board. However, all plans, whether subdivisions within
the meaning of the law or not, must have either approval as a subdivision,
or endorsement that they do not require approval, before they will
be accepted for recording at the Registry of Deeds or for registering
at the Land Court.
B.
Date of submittal.
(1)
Plans intended for review at a regular meeting of the Planning Board
shall be forwarded to the Town Clerk not later than 4:00 p.m. five
working days prior to the Planning Board meeting. The day of the next
regular Board meeting following forwarding to the Town Clerk shall
be considered to be the date of submission for all plans, except that
the date of mailing shall be the date of submission for definitive
plans sent by registered mail to the Planning Board.
(2)
No plan for review, whether for approval or for endorsement that
approval is not required, shall be accepted as a submittal unless
and until all information necessary for such review, as described
herein under the applicable provisions of submission requirements,
are fully provided, unless waived in writing by the Board. At the
time of submission, a determination shall be made by the Planning
Board, using a checklist, that the submission materials are either
complete or incomplete.
(3)
If the submission has been determined to be incomplete, the applicant
shall be so advised forthwith, and requested to withdraw the plan
and application, and to resubmit when submittals are complete. A plan
shall not be considered submitted and the review period will not begin
until submittals are substantially complete.
A.
Any person who wishes to cause to be recorded in the Registry of
Deeds, or to be filed with the Land Court, a plan of land and who
believes that his plan does not require approval under the Subdivision
Control Law, may submit his plan to the Planning Board accompanied
by the necessary evidence to show that the plan does not require approval.
Said person shall file with the Planning Board an original mylar and
six prints of the plan, an application (Form A),[1] and the required application fee. Said person shall file
by delivery or registered mail a notice with the Town Clerk stating
the date of submission for such determination. (Form A). Said plan
shall be legibly drawn in accordance with the Rules and Regulations
of the Register of Deeds, MGL c. 36, § 13A, as amended pertaining
to plan size, material, lettering and related requirements.
[1]
Editor's Note: Form A is included at the end of these
regulations.
B.
In order to be considered by the Board, such plans shall show all
of the following:
(1)
Any existing structures on the land shown on the plan and dimensions
of yards relating to such structures.
(2)
Any existing structures on any remaining adjoining land owned by
the applicant and dimensions of yards relating to such structures,
if such structure is within 50 feet of a property line being created.
(3)
Location of bounds, fences and walls on the land shown on the plan.
(4)
Bearings and distances of all lines of the lot or lots shown on the
plan.
(5)
Indication of total frontage on all lots created by the plan as well
as remaining frontage and area of any adjoining land in the same ownership.
(6)
Present owner of the land shown on the plan, and all abutting owners,
as determined from the most recent records from the Assessor's
office.
(7)
Location of any easement or way, public or private, across the land,
with a designation as to the use of the same.
(8)
Indication of the zoning district or districts involved, and a table
showing the frontage, area and setback requirements for such districts.
(9)
Names and status (public or private) of streets, ways and easements
shown on the plan, including the width of the right-of-way, the width
of the traveled way, and the surface materials of the traveled way.
(10)
The statement "Approval Under the Subdivision Control Law Not
Required" above a signature block with spaces for five signatures
and a space for the date of endorsement.
(11)
The statement "Planning Board endorsement is not a determination
as to conformance with the Zoning Bylaw" below or near the signature
block.
C.
If the Board determines that the plan does not require approval,
it shall forthwith, without a public hearing, endorse the plan. The
original mylar shall be returned to the applicant and the Board shall
notify the Town Clerk of its action.
D.
If the Board determines that the plan does require approval under
the Subdivision Control Law, it shall within 21 days of submission
of said plan so inform the applicant and return the plan. The Board
shall also notify the Town Clerk of its determination.
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, MGL c. 41, §§ 81K
through 81GG.
B.
Standards of adequacy.
(1)
Streets within a subdivision shall be determined to provide adequate
access if and only if complying with the standards established in
this regulation.
(2)
Ways providing access to the streets within a subdivision shall be determined to provide adequate access only if there is assurance that, prior to construction on any lots, the standards for "suburban" access as provided at § 123-12J of the Blackstone Zoning Bylaw will be met by those ways.
(3)
Private ways providing frontage for lots said not to be within a subdivision shall be determined to provide adequate access only if there is assurance that, prior to construction on any lots, the standards for "suburban" access as provided at § 123-12J of the Blackstone Zoning Bylaw will be met by those ways.
(4)
Public ways providing frontage for lots said not to be within a subdivision
shall be determined to provide adequate access if in fact they provide
at least minimal access to those lots and, if the access provided
is subject to periodic interruption, there is an alternative means
of emergency access available.
C.
Obligations. The Board may require, as a condition of its approval
of a subdivision plan, that the developer dedicate or acquire and
dedicate a strip of land for the purpose of widening accessways to
a width as required above, and that he 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.
Waivers. The Board may waive strict compliance with these requirements
only upon its determination, following consultation with the Superintendent
of Public Works, Police Chief, Fire Chief, and Board of Selectmen,
that the way in fact will be sufficient to serve the needs for access
and utilities to serve potential needs of land abutting on or served
by the way in question.
