As used in this chapter, the following terms
shall have the meanings indicated:
APPLICANT
A person (as hereinafter defined) who applies for the approval of a plan of a subdivision or a plan believed not to require approval or a person who applies under Article
V. "Applicant" shall include an owner, or his agent or representative, or his assigns.
BOARD
The Planning Board of the City of Marlborough.
GENERAL LAWS
(Abbreviated MGL.) The General Laws of Massachusetts. In
case of rearrangement of the General Laws, any citation of particular
sections of the General Laws shall be applicable to the corresponding
sections of the new codification.
LANE
A secondary street which serves as access to no more than
eight potential dwelling units, has lot frontages averaging 150 feet
or more, and is incapable of extension.
LOT
An area of land in one ownership, with definite boundaries
ascertainable or to be ascertainable of record, and used or set aside
and available for use as the site of one or more buildings and buildings
accessory.
MUNICIPAL SERVICES
Sewers, surface water drains, water pipes, and their respective
appurtenances.
OWNER
As applied to real estate, the person or persons holding
the ultimate fee-simple title to a parcel, tract or lot of land, as
shown by the record in the appropriate Land Registration Office, Registry
of Deeds or Registry of Probate.
PLAN or DEFINITIVE PLAN
The plan of a subdivision as submitted (with appropriate
application) to the Board for approval, to be recorded in the Registry
of Deeds and/or Land Court when approved by the Board, and such plan
when approved and recorded, all as distinguished from a preliminary
plan.
PRELIMINARY PLAN
A plan of a proposed subdivision or a resubdivision of land prepared in accord with Article
III to facilitate proper preparation of a definitive plan.
ROADWAY
That portion of a way which is designed and prepared for
vehicular travel.
STREET, MAJOR
A street which in the opinion of the Board is being used
or will be used as a thoroughfare between different portions of the
City of Marlborough or which will otherwise carry a heavy volume of
traffic.
STREET, SECONDARY
A street which in the opinion of the Board is being used
or will be used primarily to provide access to abutting lots.
SUBDIVISION
A.
Subdivision shall mean 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
of 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 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 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
thereon. Such frontage shall be of at least such distance as is then
required by zoning or other ordinance, if any, of said city for erection
of a building on such lot.
B.
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 in which the land lies into separate lots on each
of which one of such building remains standing, shall not constitute
a subdivision.
WAY
The entire width of the layout.
No person shall make a subdivision within the
meaning of the Subdivision Control Law of any land within the City,
or proceed with the improvement for sale of lots in a subdivision
or the construction of ways or preparation therefor or the installation
of utilities and municipal services therein, unless and until a definitive
plan of such subdivision has been submitted and approved by the Planning
Board as hereinafter provided.
Not more than one single-family dwelling designed
or available for use as such shall be erected or placed or converted
to use as such on any lots in a subdivision without the consent of
the Planning Board. Such consent may be conditional upon the providing
of adequate ways furnishing access to each such building and adequate
improvements in the same manner as otherwise required for lots within
a subdivision.
A plan submitted under the planned unit development
provisions of the Marlborough Zoning Ordinance shall comply with all procedures contained herein for
the submission of a definitive plan, and all design and construction
specifications shall apply to all interior streets (considered secondary
streets unless otherwise designated by the Planning Board), public
walkways (sidewalks) and parking areas, the latter to be constructed
to the same construction specifications as a street.
To reimburse the City for the cost of plan processing
and review, legal advertising, inspection and other costs, fees as
specified in Appendix K shall be tendered to the City by the applicant.
Said fees shall be tendered at the time of application together with
the application (Form A, B or C) and shall constitute a part thereof,
and at other times as specified in Appendix K.