As used in this chapter, the following terms shall have the
meanings indicated:
Must be the owner of all the land included in the proposed
subdivision or the owner's agent or representative, or his assigns.
[Amended 4-27-1987]
The Planning Board of the Town of Lancaster.
A street which handles traffic equivalent to that generated
by 50 homes or more, or which serves nonresidential abutting property.
A street, extension of a street, or system of streets connected
to other streets only at a single point.
The Floodplain District as established in Chapter 220, Zoning, of the Code of the Town of Lancaster.
A street which carries traffic equivalent to that generated
by 12 or fewer dwelling units, which has no abutting property either
used or zoned for commerce or industry, and which is not capable of
extension.
A street which cannot qualify as a lane but which can be
expected to handle less traffic than a collector street.
A subdivision any part of which lies within any district other than the Residential District established by Chapter 220, Zoning.
[Added 4-27-1987]
A subdivision which lies entirely within the Residential District established by Chapter 220, Zoning.
[Added 4-27-1987]
Vehicular access to lots minimally sufficient to allow them
to be reached by police, fire and other agencies charged with protecting
the public peace, safety and welfare, including an alternate means
of access if access is subject to periodic interruption.
[Added 6-13-2011]
A.
Necessity. Only those plans which constitute subdivisions as that
term is defined in MGL c. 41, § 81L, require the approval
of the Planning Board. However, all plans, whether subdivisions within
the meaning of the law or not, must have either approval as a subdivision,
or endorsement that they do not require approval, before they will
be accepted for recording at the Registry of Deeds or for registering
at the Land Court.
B.
Date of submittal.
[Amended 6-13-2011]
(1)
All plans shall be submitted to the Planning Board either by delivery
at a public meeting of the Planning Board or by registered or certified
mail, return receipt requested, addressed to the Planning Board. Plans
intended to be submitted at a regular meeting of the Planning Board
must be forwarded to the Town Clerk not later than 4:00 p.m. five
business days prior to the Planning Board meeting, and must appear
on the agenda for that meeting. The date of submission shall be the
date of the Planning Board meeting at which a plan is delivered, or
in the case of a plan sent to the Planning Board by registered or
certified mail, the date the plan is received by the Planning Board.
(2)
No plan for review, whether for approval or for endorsement that
approval is not required, shall be accepted as a submittal unless
and until all information necessary for such review, as described
herein under the applicable provisions of submission requirements,
are fully provided, unless waived in writing by the Board. At the
time of submission, a determination shall be made by the Planning
Board, using a checklist, that the submission materials are either
complete or incomplete.
[Added 4-27-1987]
(3)
If the submission has been determined to be incomplete, the applicant
shall be so advised forthwith, and requested to withdraw the plan
and application, and to resubmit when submittals are complete. A plan
shall not be considered submitted and the review period will not begin
until submittals are substantially complete.
[Added 4-27-1987]
(4)
Plans intended for review by the Planning Board shall be accompanied
by a check made payable to the Town of Lancaster. The check shall
provide payment for administrative and review fees as applied under
various sections of these regulations. Administrative fees are nonrefundable
and are provided to cover the expenses to the Planning Board for notices
and general administrative costs. Review fees are an estimate of the
cost to the Planning Board to obtain professional, independent, nongovernmental
review services related directly to the project. Unexpended review
fees will be returned to the applicant.
[Amended 6-13-2011]
A.
Any person who wishes to cause to be recorded in the Registry of
Deeds, or to be filed with the Land Court, a plan of land and who
believes that his plan does not require approval under the Subdivision
Control Law,[1] may submit his plan to the Planning Board in the manner
set forth above, accompanied by the necessary evidence to show that
the plan does not require approval. Said person shall submit to the
Planning Board two prints of the plan and an application (Form A).[2] Said person shall file by delivery or registered mail
a notice with the Town Clerk stating the date of submission for such
determination (Form A). Form A shall be accompanied with payment of
an administrative fee as established from time to time by the Planning
Board.[3]
[1]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.
[2]
Editor's Note: Said form is included at the end of this chapter.
[3]
Editor's Note: See the Schedule of Fees and Deposits at the
end of this chapter.
B.
In order to be considered by the Board, such plans shall show all
of the following:
(1)
A locus plan of the land showing its total configuration in relation
to surrounding streets and to abutting boundaries at two inches equals
1,000 feet;
(2)
Any existing structures on the land shown on the plan and dimensions
of yards relating to such structures;
(3)
Any existing structures on any remaining adjoining land owned by
the applicant and dimensions of yards relating to such structures,
if such structure is within 50 feet of a property line being created;
(4)
Indication of remaining frontage of any adjoining land in the same
ownership;
(5)
Present owner of the land shown on the plan, and all abutting owners;
and
(6)
Location of any easement or way, public or private, across the land,
with a designation as to the use of the same.
(7)
A notation, as appropriate, indicating all lots or parcels shown
on the plan that are not buildable lots.
C.
If the Board determines that the plan does not require approval,
it shall forthwith, without a public hearing, endorse on the plan
the words "Planning Board approval under Subdivision Control Law not
required." Said plan shall be returned to the applicant and the Board
shall notify the Town Clerk of its action.
D.
If the Board determines that the plan does require approval under
the Subdivision Control Law, it shall within 21 days of submission
of said plan so inform the applicant and return the plan. The Board
shall also notify the Town Clerk of its determination.
No person shall make a subdivision within the meaning of the
Subdivision Control Law[1] of any land within the Town, or proceed with the improvement
or sale of lots in a subdivision or the construction of ways, or the
installation of municipal services therein, unless and until a definitive
plan of such subdivision has been submitted to and approved by the
Planning Board as hereinafter provided.
[1]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.
A.
General. 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.
B.
Standards of access adequacy.
[Amended 9-11-2000; 6-13-2011]
(1)
Streets within a subdivision. Streets within a subdivision shall be determined to provide adequate access if and only if complying with the standards established in Article IV of this regulation, except as waived by the Board.
(2)
Ways providing access to a subdivision. Ways providing access to
the streets within a subdivision shall be determined to provide adequate
access only if there is assurance that, prior to construction on any
lots, the following standards will be met by those ways:
|
Development Potentially Served
| ||||
|---|---|---|---|---|
|
12 or Fewer Dwelling Units
|
13 to 49 Dwelling Units
|
More Units or Business
| ||
|
Minimum right-of-way (feet)
|
33
|
40
|
50
| |
|
Surface type
|
8-inch gravel
|
3-inch bit. concrete
|
3-inch bit. concrete
| |
|
Surface width (feet)
|
18 feet
|
20
|
24
| |
|
Minimum sight distance (feet)
|
125 feet
|
225
|
400
| |
|
Maximum grade
|
12%
|
11%
|
9%
| |
(3)
Existing ways providing frontage outside subdivisions. An existing private way shall be determined to provide access adequate to constitute lot frontage for lots not within a subdivision only if meeting the standards of Subsection B(2) unless the Planning Board determines that in a specific case unusual circumstances render lesser provisions adequate to serve the lot with access and utilities. An existing public way shall be determined to provide access adequate to constitute frontage for lots not within a subdivision only if it provides at least "vital access" to those lots, such as for emergency vehicles and, if the access provided is subject to periodic interruption, an alternative means of emergency access is available.
C.
Obligations. 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 above, and that he either make physical improvements
within such way or compensate the Town for the cost of such improvements
in order to meet the standards specified above.
D.
Waivers. The Board may waive strict compliance with these requirements
only upon its determination, following consultation with the Board
of Public Works, Police Chief, Fire Chief, and Select Board, 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.
