As used in this chapter, the following terms shall have the
meanings indicated:
The Planning Board of the Town of Bellingham.
A street which handles traffic equivalent to that generated
by 50 homes or more, or which serves nonresidential abutting property.
A street or way open at only one end with special provisions
for turning around at the other end.
A street, extension of a street, or system of streets connected
to other streets only at a single point ending in a cul-de-sac or
similar configuration.
The Floodplain District as established in the Bellingham
Zoning Bylaw.[1]
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.
LID is an ecologically friendly approach to site development
and stormwater management that aims to mitigate development impacts
to land, water, and air. The approach emphasizes the integration of
site design and planning techniques that conserve natural systems
and hydrologic functions on a site through the preservation of open
space and minimal land disturbance; protection of natural systems
and processes (drainage ways, vegetation, soils, sensitive areas);
reexamination of the use and sizing of traditional site infrastructure
(lots, streets, curbs, gutters, sidewalks) and customization of site
design to each site; incorporation of natural site elements (wetlands,
stream corridors, mature forests) as design elements; and the decentralization
and micromanagement of stormwater at its source.
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 a Business or
Industrial District established by the Bellingham Zoning Bylaw.[2]
A subdivision no part of which lies within a Business or
Industrial District established by the Bellingham Zoning Bylaw.[3]
The division of a tract of land into two or more lots and
shall include resubdivision, 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 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 (a) a public way or a way which the Clerk of the Town of Bellingham
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 on April 13, 1956,
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 the land abutting thereon
or served thereby, and for the installation of municipal services
to serve such land and the buildings erected or to be erected thereon.
Such frontage shall be of at least such distance as is then required
by the Bellingham Zoning Bylaw[4] for erection of a building on such lot. Conveyance 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 on April 13,1956,
into separate lots, on each of which one of such buildings remains
standing, shall not constitute a subdivision.
A.
Necessity. Only those plans which constitute "subdivisions" as that
term is defined in M.G.L. ch. 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.
(1)
Applicants shall comply with requirements of M.G.L. ch. 41, §§ 81O
and 81T, with respect to submittal dates. Alternatively, if a plan
is hand delivered, a plan shall be deemed submitted when actually
received by the Planning Board staff.
(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,
is fully provided, unless waived in writing by the Board. At the time
of submission, a determination shall be made by the Town Planner that
the submission materials are either complete or incomplete.
(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.
A.
Applicability. 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, may submit his plan to the Planning Board
accompanied by the necessary evidence to show that the plan does not
require approval. Said person shall file with the Planning Board four
prints of the plan and an application (Form A), and an application
fee of $100. 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[1]).
[1]
Editor's Note: Form A is included as an attachment to this
chapter.
B.
Contents. In order to be considered by the Board, such plans shall
show all of the following:
(1)
Any existing structures on the land shown on the plan and dimensions
of yards relating to such structures.
(2)
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.
(3)
Indication of remaining frontage of any adjoining land in the same
ownership.
(4)
Present owner of the land shown on the plan, and all abutting owners.
(5)
Location of any easement or way, public or private, across the land,
with a designation as to the use of the same.
(6)
Indication of the zoning district or districts involved.
C.
Determination. 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" and as a Note "Endorsement of this Plan is not a
determination of conformance with either the Bellingham Zoning Bylaws
or the Bellingham Rules and Regulations for the Subdivision of Land."
Said plan shall be returned to the applicant and the Board shall notify
the Town Clerk of its action.
D.
Notification. 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 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.
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, M.G.L. ch. 41, §§ 81K
through 81GG.
B.
Standards of adequacy.
(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.
(a)
For ways providing access to not more than 12 dwelling units (whether within or outside of the proposed subdivision) "adequate access" shall be deemed to be provided only by ways that meet the requirements for a street opening permit under Chapter 191, Streets and Sidewalks, Article III, of the Bellingham Code of Bylaws as adopted May 27, 1998.
(3)
Existing ways providing frontage outside of 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) above 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 DPW Superintendent,
Police Safety Officer, Fire Chief, and Board of Selectmen, 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. Waivers will be granted at the discretion of the Board
only upon evidence that there are no other practicable options.
In order to assure consistency of subdivision streets or utilities
crossing the Town line, the portion of such facilities within Bellingham
shall meet the requirements of the adjacent community, where those
requirements are more demanding, unless this requirement is explicitly
waived by the Planning Board.
A.
Fee to street. The subdivider shall retain title to the fee of each
street, path, or easement in or appurtenant to the subdivision until
conveyed to the Town or for at least three years after completion
of improvements, whichever is the lesser. Notation that this is to
be done shall be placed on the definitive plan. This provision may
be waived by the Planning Board for subdivisions where the public
interest is served by retention of private ways, and means of securing
such retention and their maintenance have been agreed upon.
B.
Security. Security in an amount equal to at least 20% of the total
cost of all roadway construction work necessary after clearing, grubbing
and rough grading shall be retained to ensure construction adequacy
against hidden faults and shall not be released until the fee has
been conveyed as indicated above or until three years have elapsed
since completion of improvements.
