As used in this chapter, the following terms
shall have the meanings indicated:
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.
The Planning Board of the City of Marlborough.
(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.
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.
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.
Sewers, surface water drains, water pipes, and their respective
appurtenances.
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.
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.
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.
That portion of a way which is designed and prepared for
vehicular travel.
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.
A street which in the opinion of the Board is being used
or will be used primarily to provide access to abutting lots.
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[1] 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.
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.[2]
The entire width of the layout.
A.
Submission of plan.
(1)
Any person who wishes to cause to be recorded in the
Registry of Deeds or to be filed with the Land Court a plan and who
believes that his plan does not require approval under the Subdivision
Control Law may submit his plan and application Form A (see Appendix
A[1]) to the Planning Board accompanied by the necessary evidence
to show that the plan does not require approval. For the purpose of
establishing the official submission date, said submission shall be
made to the Planning Board at a regularly scheduled meeting of the
Planning Board. The Planning Board requests the applicant to arrange
for the Engineering Department to review the plans prior to said submission
to the Planning Board as outlined above. Said person shall also file,
by delivery or registered mail, a notice with the City Clerk stating
the date of submission for such determination accompanied by a copy
of said application and describing the land to which the plan relates
sufficiently for identification. If the notice is given by delivery,
the City Clerk shall, if required, give a written receipt therefor.
[1]
Editor's Note: Appendix A is on file in the
office of the City Clerk.
(2)
Said plan shall contain the following information:
(a)
Zoning classification and location of any zoning
district boundaries that may lie within the locus of the plan.
(b)
In the case of the creation of a new lot, remaining
frontage shall be shown.
(c)
Plan shall contain statement "Approval under
the Subdivision Control Law Not Required" and provide space for date
and signature by the Board.
(d)
Notice of any decisions by the Zoning Board
of Appeals.
(e)
Location of all buildings.
B.
Endorsement of plan not requiring approval. If the
Planning Board determines that the plan does not require approval,
it shall, without a public hearing and without unnecessary delay,
endorse the plan under the words "Approval under the Subdivision Control
Law Not Required." The plan will be returned to the applicant, and
the Planning Board shall notify the City Clerk in writing of its action.
C.
Determination that plan requires approval. If the
Planning Board determines that the plan does require approval under
the Subdivision Control Law, it will so inform, in writing, the applicant
and return the plan. The Planning Board will also notify the City
Clerk, in writing, of its action.
D.
Failure of Board to act. If the Planning Board fails
to act upon a plan submitted under this section or fails to notify
the Clerk of the City and the person submitting the plan of its action
within 14 days after its submission, it shall be deemed to have determined
that approval under the Subdivision Control Law is not required, and
it shall forthwith make such endorsement on said plan, and on its
failure to do so forthwith, the City Clerk shall issue a certificate
to the same effect.
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[1] 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.
A.
General.
(1)
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.
(2)
In circumstances where adequate access does not exist,
in the opinion of the Planning Board, to a proposed building lot(s)
said not to require approval, the Board shall require the filing of
a subdivision plan and may impose obligations on the developer to
ensure that said access is made sufficient to serve the potential
needs of said lot.
B.
Standards of adequacy.
(1)
Streets within a subdivision. Streets within a subdivision
shall be considered to provide adequate access if and only if complying
with the standards established in this section.
(2)
Ways abutting, serving or leading to a subdivision.
Ways outside a subdivision and providing access to the streets within
a subdivision, or providing access to lots said not to be within a
subdivision, shall normally be considered adequate only if there is
assurance that, prior to construction on any lots, access will be
in compliance with the following:
|
Development Potentially Served
| ||||
|---|---|---|---|---|
|
8 or Fewer Dwelling Units
|
9 to 49 Dwelling Units
|
50 or More Dwelling Units or Business
or Industry
| ||
|
Minimum right-of-way width
|
N/A
|
N/A
|
40 feet
| |
|
Surface type
|
3 inches bituminous concrete
|
3 inches bituminous concrete
|
3 inches bituminous concrete
| |
|
Minimum travelled width
|
22 feet
|
26 feet
|
32 feet
| |
|
Minimum site distance
|
200 feet
|
200 feet
|
400 feet
| |
|
Maximum grade
|
12%
|
11%
|
9%
| |
C.
Obligations.
(1)
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 in Subsection B above, and that the applicant either make physical improvements within such way or compensate the City for the cost of such improvements in order to meet the standards specified in Subsection B above.
(2)
In circumstances where a way is not considered sufficient
to serve the potential needs of a lot shown on a plan said not to
require approval, the Planning Board shall not endorse said plan and
shall instead require the filing of a subdivision plan and shall impose
appropriate obligations as noted above.
D.
Waivers. The Board may waive strict compliance with
these requirements only upon its determination following consultation
with the City Engineer, City Planner, Police Chief, Fire Chief and
Mayor 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.
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.[1]
[1]
Editor's Note: Application forms and Appendix
K are on file in the office of the City Clerk.
