For the purposes of these regulations, the terms
and words defined in the Subdivision Control Law shall have the meaning
given herein, unless a contrary intention clearly appears in these
definitions. The following other terms and words are defined as follows:
Person applying for approval of a plan hereunder, including
owner, agent or assigns of the owner.
A major street in the city's street system that serves as
an avenue for the circulation of traffic onto, out, or around the
city and carries high volumes of traffic.
Mark made in durable object of known position and elevation
as a reference point.
The Planning Board of Barre.
As applied to an instrument required or authorized by the
Subdivision Control Law to be recorded, shall mean certification/endorsement
signed by a majority of the members of the Board, or by any other
person authorized by it to certify/endorse, and named by a written
statement to the register of deeds and recorder of the Land Court,
signed by a majority of the Board. (MGL c. 41, § 81-L)
A right in land acquired by public authority or other person
to use or control property for a utility or other purpose.
Person registered by the Commonwealth of Massachusetts to
perform professional civil engineering or land surveying services.
Area of land in one ownership with definite boundaries used,
or available for use, as the site of one or more buildings. Areas
endorsed by the Board upon a plan as "not available for building purposes"
shall not be considered lots.
A street whose sole function is to provide access to abutting
properties. It serves or is designed to serve not more than nine dwelling
units and is expected or does handle up to 90 trips per day.
A street whose principal function is to carry traffic between
minor and secondary collector streets and arterial streets but that
may also provide direct access to abutting properties. It serves or
is designed to serve, directly or indirectly, more than 100 dwelling
units and is designed to be used or is used to carry more than 1,000
trips per day.
Recording in the Registry of Deeds for Worcester County and,
where registered land is affected, filing with the recorder of the
Land Court. (MGL c. 41, § 81-L)
A street whose principal function is to provide access to
abutting properties but is also designed to be used to connect minor
roads with primary collector or arterial streets. Including residences
indirectly served through connecting streets, it serves or is designed
to serve at least 10 but not more than 100 dwelling units and is expected
to or does handle between 100 and 1,000 trips per day.
A way within the right-of-way of a street normally parallel
to the street designed primarily for pedestrian use.
Division of a tract of land into two or more lots, including
resubdivision, provided that such division shall not be deemed to
constitute a subdivision under the Subdivision Control Law (MGL c.
41, §§ 81-K and 81-GG) if at the time it is made, every
lot within the tract has frontage on a public way, a way which the
Town Clerk certifies as maintained and used as a public way, a way
shown on a plan theretofore approved and endorsed in accordance with
the Subdivision Control Law, or a way in existence as of March 1,
1963, meeting the standards of the Board as set out in § III-A,
3. (ref) Such frontage shall be of at least such distance as is then
required by the Zoning Bylaw[1] of the Town of Barre 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 or town in which the land lies into separate lots on each of
which one of such buildings remains standing, shall not constitute
a subdivision.
Private or municipal services to be furnished within the
subdivision, including telephone, cable TV, electric light and power,
gaslines, sanitary sewers, water drains, water pipes and appurtenances.
Any road which has been accepted as a public way pursuant
to MGL c.82, or any way established by court decree to be a public
way by dedication, prescription or otherwise.[2]
For purposes of determining whether a proposed division of
lots is a subdivision, a way in existence as of March 1, 1963, shall
not be deemed adequate by the Board except if it meets standards in
§ 111-A, 3.(ref)
For purposes of determining whether a proposed division of
lots is a subdivision, a way shall be certified as used and maintained
as a public way only if it meets the standards of § III-A,
3.(ref)
A.
Basic requirement. No person shall make a subdivision
within the meaning of the Subdivision Control Law of any land within
the town, or proceed with the improvements or sale of lots in a subdivision,
or the construction of ways, or the installation of municipal services
therein, unless and until a plan has been endorsed "Planning Board
Approval Not Required," or a definitive plan of such subdivision has
been submitted to and approved by the Board.
B.
Effect of prior recording. The recording of a plan
of subdivision within the town in the Registry of Deeds of Worcester
County prior to the effective date of the Subdivision Control Law
in the Town of Barre shall not exempt the land within such subdivision
from the application and operation of these rules and regulations
except as specifically exempt by MGL c. 41, § 81-FF.
C.
Waivers. The Board may waive strict compliance with
any of these rules and regulations if it deems it in the public interest,
and if written record is kept of such waivers, and the reasons for
them.
[Added 2-26-1979 STM, Art. 6]
Land on a definitive plan, or preliminary plan
followed within seven months by a definitive plan, shall be governed
by the zoning in effect at the time of first submission, for five
years from approval. The use of land on a plan "approval not required"
shall be governed by zoning in effect at the time of filing for three
years.
