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 Section 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 G.L.) 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.
LOT: An area of land in one (1) 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 (1) or more buildings and buildings accessory.
LANE: A secondary street which serves as access to no more than eight (8) potential dwelling units, has lot frontages averaging 150' or more, and is incapable of extension.
MUNICIPAL SERVICES: Sewers, surface water drains, water pipes, and their respective appurtenances. (Amended 12/2/91)
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.
PRELIMINARY PLAN: A plan of a proposed subdivision or a re-subdivision of land prepared in accord with Section III to facilitate proper preparation of a definitive plan.
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.
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: "Subdivision shall mean the division of a tract of land into two (2) or more lots and shall include re-subdivision, 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 (2) 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: (1) 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 thee 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 (2) 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 (1) of such building remains standing, shall not constitute a subdivision." (Section 81-L of Chap. 41, G.L.)
WAY: The entire width of the layout.
B.PLAN BELIEVED NOT TO REQUIRE APPROVAL.
1.Submission of Plan
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) 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. (Amended 1/7/91)
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. (Added 1/7/91)
2.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.
3.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.
4.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 Twenty One (21) 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.
C.APPROVAL PLAN REQUIRED
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.
D.MORE THAN ONE SINGLE FAMILY DWELLING ON A LOT
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. (Amended 7/18/88).
E.APPLICATION TO PLANNED UNIT DEVELOPMENT
A plan submitted under the Planned Unit Development 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.
F.ADEQUATE ACCESS (Added 7/18/88)
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, Sections 81-K through 81-GG.
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. (Added 1/7/91)
2.Standards of Adequacy
(a)Streets Within a Subdivision: Streets within a subdivision shall be considered to provide adequate access if any only if complying with the standards established in this Regulation.
(b)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:
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 access ways to a width as required in paragraph 2 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 paragraph 2 above.
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. (Added 1/7/91)
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.
G.FEES AND EXPENSES
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 (Forms A, B, or C) and shall constitute a part thereof, and at other times as specified in Appendix K. (Amended 7/18/88 & 1/7/91)