A.
Application. An applicant may submit a preliminary plan of a subdivision
in accordance with MGL c. 41, § 81S.
(1)
Application for approval by the Board shall be made on Form
2,[1] accompanied by six contact prints of the preliminary plan,
prepared as hereinafter prescribed. The applicant shall also, by delivery
or registered mail, give notice to the Town Clerk stating the date
of submission of the preliminary plan. The applicant shall further
submit a preliminary plan of the subdivision to the Board of Health
for approval.
[1]
Editor's Note: Form 2 is included as an attachment to this chapter.
(2)
The application shall include payment in full of Planning Board
submission fees as noted in the Fee Schedule (Appendix A),[2] and proof of payment of Board of Health fees to the Board
of Health.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
Plan form. The preliminary plan shall be prepared by an engineer
and surveyor and be drawn clearly and legibly with pencil on tracing
paper at a horizontal scale of one inch equals 40 feet, and in the
case of profiles, at a horizontal scale of one inch equals 40 feet
and a vertical scale of one inch equals four feet.
C.
Plan content. The preliminary plan shall show clearly the following:
(1)
Subdivision name, boundaries, North point, date, scale, legend
and title "Preliminary Plan."
(2)
Names of the record owner and the applicant and the name or
names of the engineer and surveyor.
(3)
Names of all abutters as determined from the most recent tax
list and such others to whom notices are to be sent as required by
law.
(4)
Locus plan showing proposed streets in relation to adjacent
streets and lots as shown on current Assessors' Maps.
(5)
Existing and proposed lines of streets, easements, and any public
areas within the subdivision.
(6)
Existing soil types from NRCS Natural Resource Conservation
Service.
[Added 7-16-2019]
(8)
Proposed system of drainage, including adjacent natural waterways.
(9)
Proposed sewerage system and water distribution system.
(10)
Profile of all proposed streets and drains.
(11)
Approximate boundary lines of proposed lots with approximate
areas and dimensions.
(12)
Names, approximate location and widths of adjacent streets.
(13)
Existing and proposed topography of the land by contours at
two-foot intervals unless otherwise specified by the Board.
(14)
Existing and proposed tree line.
[Added 7-16-2019]
(16)
Zoning classification of the area, including Aquifer Protection,
Watershed Protection and Floodplain Districts.
(17)
Such other information as the Board may require.
D.
Approval or disapproval.
(1)
The Board and the Board of Health shall act upon the preliminary
plan and its accompanying materials in accordance with MGL c. 41.
Approvals, if given, do not constitute approval of a subdivision,
but do facilitate the process of securing approval of the definitive
plan.
(2)
Any plan submitted to the Board in advance of the definitive
plan which does not conform to the requirements of a preliminary plan
shall not be considered to be a preliminary plan, nor shall such a
plan be acted upon by the Board.
(3)
Approval of a preliminary plan does not constitute approval
of a subdivision and the action of the Board on a preliminary plan
shall not prejudice its action on a subsequent definitive plan.
E.
Public notice. At the time of filing with the Planning Board, a public
notice of the filing of the preliminary plan will be circulated once
in a newspaper of general circulation at the applicant's expense.
A.
Submission. Any applicant who submits a definitive plan of a subdivision
to the Board for approval in accordance with the Subdivision Control
Law shall file the following with the Board:
(1)
At the time of filing a definitive subdivision plan, the applicant
shall submit an original drawing of the definitive plan, including
plans and profiles of all streets, water, utilities and drainage therein,
and seven dark line contact prints on white background and seven copies
of the Environmental Impact Statement for distribution to the Superintendent
of Public Works, the Water and Sewerage Board, the Conservation Commission
and the Planning Board's consultant.
(2)
A properly executed application on Form 3 and a designer's
certificate on Form 4.[1]
[1]
Editor's Note: Forms 3 and 4 are included as attachments to this chapter.
(3)
Notice filed with the Town Clerk of "Application for Approval
of Definitive Plan," in accordance with the Subdivision Control Law.
(Form 3 may be used for this purpose.[2])
[2]
Editor's Note: Form 3 is included as an attachment to this chapter.
(4)
Proof of payment in full of the Planning Board submission as
fee as required in the Fee Schedule (Appendix A[3]).
[3]
Editor's Note: Appendix A is included as an attachment to this chapter.
(5)
Proof of payment of the Board of Health submission fee to the
Board of Health.
(6)
A list of all owners of land abutting the subdivision as shown
on the definitive plan, together with the address of each as determined
from the most recent local tax list, certified by the Board of Assessors
on Form 5.[4]
[4]
Editor's Note: Form 5 is included as an attachment to this chapter.
(7)
A sketch plan, acceptable to the Board, showing a possible or
prospective street layout for any adjacent land owned or controlled
by the owner or applicant of the subdivision.
(8)
Drainage calculations prepared by the applicant's engineer,
including design criteria used, and drainage area and other information
sufficient for the Board to evaluate the size of any proposed or existing
drain, culvert or bridge, or existing retention area.
(9)
If private on-lot sewerage systems are proposed, the Board may
require the applicant to submit soil suitability data certified by
a registered sanitarian or a registered engineer concerning observation
of test pits.
(10)
Traffic impact statement. The traffic impact statement shall
(i) examine the existing traffic volumes (both average daily and peak
hour) on public ways significantly affected by the subdivision and
existing levels of service at nearby intersections; (ii) quantify
the anticipated trip generation of the proposed subdivision; and (iii)
analyze the effect of the additional traffic on the levels of service
at nearby intersections and any changes in traffic patterns, including
description of any required mitigation measures. The review should
also include a tabulation of historic occurrence of accidents for
the last three years. The traffic impact analysis should also review
the impact of entrances with respect to AASHTO standards to subdivision
roadways on the safety and convenience of vehicular and pedestrian
travel on the adjacent streets (including sight lines for entering
and merging traffic at street intersections). See AASHTO 1990 Edition,
Figure IX-40, page 762, for requirements.
(11)
Copies of any existing easements, covenants and restrictions
applying to the land to be subdivided.
(12)
A proposed management plan for any park, open space or common
areas in the proposed subdivision.
(13)
Certificates regarding connection to the public water supply
and public sewers as required by § 310-5.2D(1) and E(1).
(14)
Environmental impact statement.
(a)
In connection with any definitive plan or plan for access ways
submitted to the Board, including access ways to multiple-family dwelling,
industrial, retail and service facilities, there shall be included
with the submission seven copies of an environmental impact statement
prepared by a registered professional engineer which shall show clearly
the relation of the proposed project to the total environment of the
Town and its inhabitants.
(b)
The environmental impact statement should examine the existing
conditions, identify all environmental impacts of the proposed project,
and analyze these impacts to determine the significance of each. Where
possible, quantitative measures should be used to define the magnitude
of the impacts. Alternatives to the proposed project also should be
discussed in the environmental impact statement.
B.
Plan form.
(1)
The definitive plan shall be prepared, stamped and signed by
a registered land surveyor if surveying information is shown, and
also by a registered professional engineer if the plan shows the design
of road pavements, water pipes, sewerage or other utilities. Proposed
planting plan shall be prepared, stamped, and signed by a registered
landscape architect.
[Amended 7-16-2019]
(2)
The definitive plan shall be clearly and legibly drawn at a
scale of one inch equals 40 feet in black India ink, upon sheets of
tracing cloth or Mylar (as acceptable to the Registry of Deeds) measuring
24 inches by 36 inches, with a 1 1/2 inch border, except on the
left side which shall be 2 1/4 inch.
(3)
If multiple sheets are used, they shall be accompanied by an
index sheet showing the entire subdivision at a scale agreed to by
the Board. The index sheet shall also show street stationing, utilities,
and direction of drainage and sewer flow as established by the profile
plans.
C.
Plan content. The definitive plan shall contain or be accompanied
by the following information:
(1)
Subdivision name, boundaries, true North arrow, date and scale.
(2)
Names and addresses of present record owner(s) and applicant
and name of the engineer and surveyor who prepared the plan; certificates
and seals of the engineer and surveyor that they prepared the plan,
and a certificate by the surveyor that all surveying conforms to the
requirements of the Massachusetts Land Court.
(3)
Names of all owners of abutting land as determined from the
most recent local tax list, including owners of land separated from
the subdivision only by a street.
(4)
A location plan of the subdivision at a scale of one inch equals
800 feet, showing the exterior lines of all proposed streets in the
subdivision and their location in relation to the adjacent street
network.
(5)
A signature block on each sheet of the plan to record the action
of the Board, the date of approval, the date of endorsement, and the
signatures of the five Board members. A second signature block shall
be placed on the cover sheet of the plan for the Conservation Commission,
the Board of Health and the Water and Sewerage Board.
(6)
Zoning classification and zoning district boundaries, if any.
(8)
Existing and proposed lines of streets, rights-of-way, utility
easements, slope easements, and any public or common areas within
the subdivision.
(9)
Proposed street names, in accordance with the guidelines set
out in § 310-5.2A(14).
(10)
Proposed house numbers, in accordance with the "Street Numbering
System of the Town of Medfield," August 1966 (available at the Medfield
Building Department).
(11)
Location, name and present width of streets bounding, approaching
or within reasonable proximity of the subdivision.
(12)
Boundary lines, area in square feet and dimensions of all proposed
lots, with all lots designated numerically and in sequence. Front
setback lines and width at setback for all lots.
(13)
Sufficient data, including lengths, bearings, radii and central
angles, to determine the exact location, direction and length of every
street line, lot line, easement line and boundary line and sufficient
survey data referred to existing permanent monuments such that these
lines may readily be established on the ground.
(14)
Sufficient permanent benchmarks, referred to the Massachusetts
Geodetic Base datum of 1929, properly identified.
(15)
Monuments at all points of curvature and at changes in directions
of street sidelines or where designated by the Board.
(16)
Street layout plan.
(a)
A separate "layout" plan for each proposed street in the subdivision,
including connection to existing paved way and bridges, at a horizontal
scale of one inch equals 40 feet, showing for each such street:
(i)
Side lines.
(ii)
Center line.
(iii)
Stations.
(iv)
Points of tangency.
(v)
Length of tangents.
(vi)
Length of curves.
(vii)
Intersection angles.
(viii)
Radii of curves.
(ix)
Location of permanent monuments and benchmarks.
(x)
All lot lines, easement lines, buildings and other
major features within 100 feet of the exterior lines of such street.
(xi)
Size, material, type and location of all existing
and proposed drains, water lines, and electric, cable and telephone
lines, together with their appurtenances, within and adjacent to the
subdivision.
(xii)
Indication of depth to normal high groundwater
within the street layout.
(b)
On the same sheet there shall be drawn cross sections of the
proposed street, properly located and identified by station number
at such intervals along the street as will show adequately any variations
in the section. These shall be supplemented where necessary by lines
on the plan showing the width and location of the proposed roadways,
planting strips, gutters, sidewalks and similar physical features.
(c)
Directly above or below the plan of each proposed street, a
profile shall be drawn at a horizontal scale of one inch equals 40
feet and vertical scale of one inch equals four feet showing for such
street the following information:
(i)
Existing center line grades, in fine black solid
line.
(ii)
Existing exterior left sideline, in fine black
short-dash line.
(iii)
Existing exterior right sideline, in fine black
long-dash line.
(iv)
Proposed finished center line grades, in heavy
solid line.
(v)
Proposed grade elevations, in figures, at beginning
and end of street, at 50-foot station intervals, and at beginning
and end of all vertical curves.
(vi)
Rates of gradient in percentage.
(vii)
Location of any intersecting public or private
ways.
(viii)
Location, size and gradient of existing and
proposed public utilities and their appurtenances.
(ix)
Rim and invert elevations for all manholes and
catch basins.
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All elevations shall refer to Massachusetts Geodetic Datum of
1929.
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(17)
Topography for the entire subdivision, including existing and
proposed grades, with two-foot contour intervals and elevations related
to the Massachusetts datum of 1929, unless otherwise specified.
(18)
Major site features, such as existing topography, stonewalls,
fences, buildings, rock ridges, rock outcroppings, woods lines and
significant vegetation (including all trees within the right-of-way
(ROW) and proposed planting easements and/or at the edge of the planting
strips of the proposed street layout which exceed eight inches in
diameter, identified by species).
[Amended 7-16-2019]
(19)
Location of natural waterways and water bodies within and adjacent
to the subdivision, and the entire watershed area within which the
subdivision is located, at a reduced scale if appropriate.
(20)
For subdivisions with on-site septic systems, an overlay of
the Norfolk County Conservation Commission District Map entitled "Soil
Limitations for Septic Tank Sewage Disposal in the Town of Medfield."
(21)
A plan for the control of erosion and siltation during and after
construction phases, including the proposed construction sequencing,
temporary and permanent erosion control plantings, special constructions,
and swale and stream scour protection.
(22)
Details of all construction, including information from the
Plates of these rules and regulations.[6]
[6]
Editor's Note: The Plates are included as an attachment to this chapter.
(23)
A list of all waivers granted by the Board, preceded by the
following statement:
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"Except for the following waivers (if any) granted by the Planning
Board, this plan conforms to the Subdivision Rules and Regulations
of the Town of Medfield."
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(25)
Soil borings to the proposed depth of construction at 100-foot
intervals along the center line of proposed roadways, in order to
identify the presence of ledge.
E.
Public hearings. Before approval, modification and approval, or disapproval
of the definitive plan is given, a public hearing shall be held by
the Board in accordance with the Subdivision Control Law. Legal notice
of the public hearing shall be given by the Board to the applicant
and to all owners of property abutting upon the land, including owners
of land separated from the subdivision only by a street, all as appear
on the most recent tax list. These notices shall be mailed, with return
receipt requested. Publication of the legal notice and the mailing
of the notices to abutters shall be at the expense of the applicant.
F.
Plan revisions. For resubmission of a definitive plan showing revisions, prior to Planning Board action on the plan, a fee shall be paid according to Appendix A, Fee Schedule.[7] The applicant shall accompany the revised plan with a
written description of all changes or additions, and shall submit
two extra copies of the plan with the changes and additions highlighted
with a yellow marker. The applicant shall address point-by-point in
writing any correspondence they have received relating to the plan
from the Planning Board and/or its agents.
[7]
Editor's Note: Appendix A is included as an attachment to this chapter.
G.
Approval, modification or disapproval.
(1)
After the required hearing, but within the period specified
in the Subdivision Control Law after submission of the definitive
plan, the Board shall take final action in accordance with said law.
(2)
Compliance with zoning regulations is a condition for approval
of a subdivision plan.
(3)
The plan shall be endorsed in accordance with the format of
Form 7.[8]
[8]
Editor's Note: Form 7 is included as an attachment to this chapter.
H.
Certificate of approval.
(1)
The action of the Board in respect to said plan shall be by
vote, copies of which shall be certified and filed with the Town Clerk
and sent by registered mail to the applicant. If the Board modifies
or disapproves said plan, it shall state in its vote the reason for
its action. Final approval, if granted, shall be endorsed on the original
drawing of the definitive plan by the signature of a majority of the
Board, but not until the statutory 20-day appeal period has elapsed
following the filing of the certificate of the action of the Board
with the Town Clerk, and said Clerk has notified the Board in writing
that no appeal has been filed.
(2)
Within 30 days after the return to the applicant of the definitive
plan, as approved and endorsed, he shall obtain and furnish to the
Board one cloth transparency or Mylar and four prints of said plan
showing final endorsement. Transparency and prints shall be black
line on white background. No lots will be released by the Board until
the applicant has filed with the Board the above transparency and
prints.
(3)
Approval of the definitive plan shall not be deemed to constitute
the laying out or acceptance by the Town of any streets within a subdivision.
I.
Medfield Historical Commission report. A written statement from the
Medfield Historical Commission describing any significant historical
or archaeological features on the site is required, with guidance
to the developer regarding compliance with any statutory regulations.
