Words and terms used herein shall have the meanings assigned to them in the Subdivision Control Law, MGL c. 41 and in the Southborough Zoning Bylaw.[1] In addition, unless the context unequivocally indicates otherwise, the meaning of the following words and terms shall be as defined herein:
A person (as hereinafter defined) who applies for the approval of a plan of a subdivision or a person who applies under § 244-3. "Applicant" shall include an owner or his agent or representative or his assigns.
The Planning Board of the Town of Southborough.
A person (as hereinafter defined) to whom approval of a plan of a subdivision has been granted under Article III of these rules and regulations.
The General Laws of Massachusetts. In case of a rearrangement of the General Laws, any citation of particular sections of the General Laws shall be applicable to the corresponding sections in the new codification.
An area of land in one common ownership, with definite boundaries ascertainable of record and used, or set aside and available for use, as the site of one or more buildings and buildings accessory thereto.
Sewers, water drains, water pipes, gas pipes, electrical lines, telephone lines, fire alarm system, guardrails, shade trees, street signs, boundary markers and their respective appurtenances.
As applied to real estate, the person 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.
An individual or two or more individuals or a group of association of individuals, a partnership or a corporation having common or undivided interests in a tract of land.
A plan of a proposed subdivision or resubdivision of land drawn on tracing paper, or a print thereof, showing the subdivision name, boundaries, North point, date, scale, legend and title "Preliminary Plan"; the names of the record owner and the applicant and the name of the designer, engineer or surveyor; the names of all abutters, as determined from the most recent local tax list; the existing and proposed lines of streets, ways, easements and any public areas within the subdivision in a general manner; the proposed system of drainage, including adjacent existing natural waterways in a general manner; the approximate boundary lines of proposed lots, with approximate areas and dimensions; the names, approximate location and widths of adjacent streets; the topography of the land in a general manner. A "preliminary plan" is not recordable.
The complete plans of a subdivision, as submitted with all required exhibits and the completed application and fees to the Board for approval and endorsement, to be recorded upon such endorsement in the registry of deeds or filed with the Land Court, as distinguished from a preliminary plan.
That portion of a street or way which is designed and prepared or used for vehicular travel: may also be referred to as the "traveled way" or "pavement."
A strip of land dedicated to use as a public thoroughfare, including a public way laid out and accepted by a public authority or which the Town Clerk certifies is used and maintained as a public way, or a way laid out on a definitive subdivision plan theretofore approved and endorsed under the Subdivision Control Law, or a way in existence when the Subdivision Control Law became effective in Southborough and having in the opinion of the Planning Board adequate width, construction and grades for the needs of the existing and future buildings and uses abutting thereon or to be served thereby.
A street which carries or can be expected to carry vehicular traffic originating in another street or streets, or streets expected to carry at least 2,000 vehicles average daily traffic.
A street expected to serve more than eight but fewer than 50 dwelling units, no nonresidentially zoned land, and to carry no significant through traffic.
A street expected to have an estimated average daily traffic volume in excess of 5,000 trips.
A street expected to serve more than 200 dwelling units and/or nonresidentially zoned land and to have an estimated daily traffic volume of fewer than 5,000 trips.
A relatively short street expected to have no through traffic and to serve no more than eight dwelling units and no nonresidentially zoned land.
A street expected to serve more than 50 but fewer than 200 dwelling units and no nonresidentially zoned land.
The process of dividing or resubdividing a tract of land into two or more lots, or the land being subdivided, provided that a division of land into two or more lots shall not be deemed to constitute a "subdivision" if every lot created or altered thereby has the frontage required by the Southborough Zoning Bylaw on a street or way as defined therein and by these Rules and Regulations. Conveyances or other instruments adding to, taking away from or changing the size or shape of lots in such a manner as not to leave any lot so affected without the frontage set forth above, or the division of a tract of land on which two or more nonaccessory buildings were lawfully standing when the Subdivision Control Law went into effect in Southborough into separate lots on each of which one of such buildings remains standing, shall not constitute a "subdivision."
Plans and applications shall be deemed "submitted" when delivered at a meeting of the Board or when sent by registered mail to the Planning Board, care of the Town Clerk; and if so mailed, the date of mailing shall be the date of submission (MGL c. 41, § 81O).
Unless otherwise stated, "Town" shall mean the Town of Southborough, and references to Town officials, boards and the like shall mean those of the Town of Southborough.