A.
Any person wishing to record a plan of land believed not to be a
subdivision and therefore not to require Planning Board approval under
the Subdivision Control Law[1] will submit the original tracing of such plan, prepared
so as to meet requirements for recording and the same criteria for
those of a definitive plan as noted elsewhere in these regulations,
five full-size prints thereof with dark lines on white background,
and an application form with one copy (see Appendix)[2] and copies of the applicable Registry of Deeds Book's
pages and Assessors' plan and lot numbers. The Registry of Deeds and
Assessors' information shall be stamped and signed with original signatures
by the corresponding offices for verification and submitted with the
application. The plan shall show in its entirety any lot the boundaries
of which are to be changed or recorded without change and shall identify
and if need be substantiate that the streets shown qualify for providing
legal frontage for the lots. If any lot shown or changed by the plan
requires approval as a subdivision because it lacks the required street
frontage or otherwise does not comply with the applicable provisions
of zoning, the entire plan shall be deemed to require approval. The
applicant may add an explanatory note on the plan if needed to facilitate
determination by the Board.
[1]
Editor's Note: See MGL c. 41, § 81K et seq.
[2]
Editor's Note: Appendix A: Form A, Application for Determination of Planning Board's Jurisdiction and Endorsement of a Plan Requiring No Approval, is included at the end of this chapter.
B.
A complete copy of the application and plans shall be transmitted by the applicant to the Town Clerk with a notice of plan submittal to the Planning Board. A fee as set forth in the Planning Board Fee Schedule (see Appendix N: Form N, included at the end of this chapter) will be paid at the time of submittal.
[Amended 3-14-2012]
A.
If the Board determines that the plan does not require approval as
a subdivision, it shall endorse on the plan the words "Approval Under
the Subdivision Control Law Not Required," the date of the endorsement
and the signatures of the majority of the Board.[1] The Board may, as a part of its endorsement, add a clarifying
or limiting statement as to why approval is not required, but such
a statement shall not impose new conditions or restrictions upon the
lots. The tracing shall be returned to the applicant for recording,
and the copies retained for the Board's, Assessors', Building
Inspector's, Town Clerk's and Highway-Sewer Departments'
records.
[1]
Editor's Note: For the Subdivision Control Law, see MGL c.
41, § 81K et seq.
B.
If the Board determines that the plan requires approval as a subdivision,
it shall notify the applicant and the Town Clerk within 21 days of
plan submittal and return the tracing and four copies to the applicant,
retaining one copy and the application for its records.
A.
Any change shown on the plan becomes effective upon recording. If
a plan is not recorded within six months of the original endorsement,
the applicant will be required by the Registry or the Land Court to
resubmit the plan for re-endorsement by the Board that its determination
of the plan not showing a subdivision is valid.
B.
Within 30 days of endorsing definitive plans or Form A's (Plans Requiring
No Approval),[1] the applicant shall record said plans at the Norfolk Registry
of Deeds. Within 10 days after the definitive plan or Form A (Plans
Requiring No Approval), as approved and endorsed, has been recorded
at the Norfolk Registry of Deeds, and in the case of the registered
land, with the recorder of the Land Court, the applicant shall notify
the Board via certified letter of the recording and enclose a copy
of such recordings.
[1]
Editor's Note: Appendix A: Form A, Application for Determination of Planning Board's Jurisdiction and Endorsement of a Plan Requiring No Approval, is included at the end of this chapter.
C.
If recording verification is not received, the Building Inspector
will not issue a permit to build.
If a plan shows lots in a subdivision which are subject to conditions
and restrictions of a covenant or imposed by the Board at the time
of definitive plan approval, the date of such approval and reference
to the conditions should appear on the plan.
Planning Board endorsement of its determination that a plan requires no approval as a subdivision does not mean that the lots shown may be built upon; this is a separate determination made by the Building Inspector or other official charged with enforcement of Chapter 500, Zoning, of the Code of the Town of Plainville.
As provided in Section 81L of the Subdivision Control Law,[1] the Board may by vote duly recorded with the Town Clerk,
the Registry of Deeds, and the Land Court authorize its Chairman,
Clerk, or other persons to endorse on plans and other related documents
the Board's action with respect thereto. Such authority may be
limited as to time and scope, and such limitations shall be stated
in the recorded vote.
[1]
Editor's Note: See MGL c. 41, § 81L.
If land is divided or lots established in violation of these rules and regulations, the Building Inspector must deny building permits for all such lots, including those lacking the required street frontage or other requirements as well as the remaining conforming lots. This enforcement shall be in addition to other actions, as provided by § 540-61 hereof and by other laws and regulations.
