A.
Where the terms below are defined also in MGL c. 41, § 81L,
the definition in said chapter shall govern.
B.
ALLEY (SERVICE ROAD)
APPLICANT
BENCHMARK
BIKEWAY
BOARD
CELLULAR TOWER
CERTIFIED BY
COMMON DRIVEWAY
DESIGNER
DEVELOP
DEVELOPER
EASEMENT
FRONTAGE
GENERAL LAWS
HIGH-DENSITY AREA
LOT
LOW-DENSITY AREA
MONUMENT
MUNICIPAL SERVICE
OWNER
PERSON
PLAN, APPROVAL NOT REQUIRED
PLAN, DEFINITIVE
PLANNED RESIDENTIAL AREA
PLANNING BOARD AGENT
PLAN, PRELIMINARY
RECORDED
REGISTRY OF DEEDS
ROADWAY
SIDEWALK
STANDARD SPECIFICATIONS
STREET
STREET, MAJOR
STREET, MINOR
STREET, INTERMEDIATE
STREET, SECONDARY
SUBDIVISION
SUBDIVISION CONTROL
SUBDIVISION, TYPE A
SUBDIVISION, TYPE B
SUPER ELEVATION
TELECOMMUNICATION TOWER
TOWN
TRAIL
TREES, LARGE
WALKWAY
WAY
WAY, ACCEPTED
WETLANDS
WIDTH
As used in the regulations, the following words or terms shall have
the following meanings:
A narrow strip of land between buildings, especially through
the middle of a block, giving access to the rear of buildings and/or
lots and which is not owned, constructed, reconstructed or maintained
by the Town and which does not qualify for frontage.
A person (as hereinafter defined) who applies for the approval of a plan of a subdivision or a person applied under Article III. "Applicant" shall include an owner or his agent or representative or his assigns. (See MGL c. 41, § 81L.).
A mark made in a durable object of known position and elevation
as a reference point.
A way designed for travel on a bicycle or similar unpowered
vehicle.
The Planning Board of the Town of Lunenburg.
A tower used for cellular phone communication equipment.
(See Schedule L.[1])
Certified by or endorsed by the Planning Board, as applied
to a plan or other instrument required or authorized by the Subdivision
Control Law to be recorded, shall mean bearing a certification or
endorsement signed by a majority of the members of the Planning Board
or by its Chairman or Clerk or any other person authorized by it to
certify or endorse its approval or other action and named in a written
statement to the Register of Deeds and Recorder of the Land Court,
signed by a majority of the Board. (MGL c. 41, § 81L)
Any drive, right-of-way or private way which provides access
to two lots but which does not qualify as a street for determining
frontage under Chapters 40A and 41 of the General Laws of Massachusetts.
A professional civil engineer or land surveyor registered
to practice in Massachusetts. All work defined as professional engineering
or surveying shall be done by or under the direct supervision of a
registered professional engineer or surveyor.
To construct a street, install utilities, erect a house or
other structure or in any way to improve a lot substantially.
A person (as hereinafter defined) who develops under a plan of a subdivision approved under Article III of these rules and regulations.
A right acquired by public authority or other person to use
or control property for a utility or other designated public purpose.
The linear extent of a lot measured along the street right-of-way from the intersection of said right-of-way with one side lot line to the intersection with the other side lot line of the same lot, but not including any portion thereof devoted to a right-of-way or a driveway serving more than one lot or dwelling unit. Frontage must provide vehicular access to the lot from the right-of-way counted for frontage unless otherwise approved by the Planning Board on a definitive plan submitted in accordance with Chapter 41 of the General Laws or approved by the Planning Board in the same manner as a definitive plan. (See also § 325-2.7.)
The General Laws of Massachusetts (abbreviated "MGL"). In
case of a rearrangement of the General Laws, any citation of particular
section of the General Laws shall be applicable to the corresponding
sections in the new codification.
An area of single-family dwellings with a net density of
40,000 square feet or less or an area adjacent to such uses and approached
only by streets serving such adjacent uses and all two-family or multifamily
residence use.
An area of land in one ownership with definite boundaries
used, or available for use, as the site of one or more buildings accessory
thereto. (MGL c. 41, § 81L)
An area where the lots are used for single-family dwellings
and where each lot is greater than 40,000 square feet.
A permanent marker to indicate boundary.
Sewers, water drains, water pipes, gas pipes, electrical
lines, telephone lines, fire alarm systems, similar systems and their
respective appurtenances. (MGL c. 41, § 81L)
As applied to real estate, the person 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.
An individual or two or more individuals or a group or association
of individuals, a partnership or a corporation having common or undivided
interests in a tract of land.
A plan of a proposed subdivision or resubdivision of land prepared and submitted in accordance with Article III with the appropriate application to the Planning Board meeting all of the requirements for approval not required.
The plan of a proposed subdivision of land prepared and submitted in accordance with Article III to the Board for approval (with appropriate application) to be recorded in the Registry of Deeds or filed with the Land Court when approved by the Board and such plan when approved and recorded; all as distinguished from a preliminary plan.
A unified development of one lot defined by the parcel perimeter,
including one or more residential building types, undertaken in accordance
with an overall plan, incorporating a consistent architectural concept
and incorporating the preservation of natural areas within the development.
A consultant or Town employee or consultant authorized by
the Planning Board to review subdivisions and administer the regulations.
A plan of a proposed subdivision or resubdivision of land prepared and submitted together with the appropriate application in accordance with Article III to facilitate the proper preparation of a definitive plan.
Recorded in the Registry of Deeds of Worcester County, except
that, as affecting registered land, it shall mean filed with the Recorder
of the Land Court. (MGL c. 41, § 81L)
The Registry of Deeds of Worcester Northern District and,
when appropriate, shall include the Land Court. (MGL c. 41, § 81L)
That portion of a way which is designed and constructed for
vehicular travel.
A way within the street right-of-way, generally parallel
to the street, designed for use by pedestrians.
The Commonwealth of Massachusetts, Department of Transportation,
Standard Specifications for Highways and Bridges, edition, as amended.
A way either shown on a definitive plan submitted, approved
and recorded in accordance with the Subdivision Control Law or otherwise
qualifying a lot for frontage under the Subdivision Control Law. (See
also "way.")
A street which, in the opinion of the Board, is being used
or will be used as a thoroughfare within the Town of Lunenburg or
which will otherwise carry a heavy volume of traffic (generally, over
1,500 vehicles per day).
A street which, in the opinion of the Board, is being used
or will be used primarily to provide access to no more than 10 abutting
lots and which is not designed to be used for through traffic.
A street which, in the opinion of the Board, will normally
carry between 100 vehicles and 400 vehicles per day.
A street intercepting one or more minor streets and which,
in the opinion of the Board, is used or will be used to carry a substantial
volume of traffic (generally, over 400 vehicles per day) from such
minor street(s) to a major street or community facility and normally
including a principal entrance street to a shopping center, industrial
park, planned residential area or a large subdivision or group of
subdivisions and any principal circulation street within such subdivision.
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 or 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 a frontage
on (a) a public way or a way which the Town Clerk of the Town of Lunenburg
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 Town, 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 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 Zoning Bylaw.[2] 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 or more buildings
were standing when the Subdivision Control Law went into effect in
the Town into separate lots, on each of which one of such buildings
remains standing, shall not constitute a subdivision. (MGL c. 41,
§ 81L)
The power of regulating the subdivision of land granted by
the Subdivision Control Law, MGL c. 41, §§ 81A through
81GG, inclusive, as hereinafter amended.
A residential subdivision constructed in Residence B District.
A subdivision for nonresidential uses or a residential subdivision
with an average lot size smaller than 80,000 square feet.
The cross slope on a highway section to counteract the effect
of centrifugal force, expressed as a decimal fraction of a foot of
rise per foot of horizontal cross section.
A tower used for telecommunication equipment and transmitting.
(See Schedule L.[3])
The Town of Lunenburg, unless otherwise specified.
A path or track made by or reserved for the passage of persons
and/or animals, usually through undeveloped land.
Trees 10 inches or more in caliper four feet above the ground.
A way designed for pedestrian use, not necessarily parallel
to a traveled way, as contrasted with a sidewalk.
A way is synonymous with the terms "road," "street," "highway"
and "avenue" and shall denote any such line or route for passage,
whether public or private.
A way which has been accepted as a public way by vote of the Town. (See also § 325-2.9B.)
As defined by MGL c. 131, § 40 and MGL c. 40A.
The width of a way shall be the width of the strip of land
laid out, designated, acquired and/or dedicated for the use of such
way. Such width includes the spaces for vehicular travel, sidewalks,
edgestone and planting spaces where required.
[1]
Editor's Note: Schedule L is included as an attachment to this chapter. See also Ch. 330, Telecommunication and Cell Tower Rules and Regulations.
[3]
Editor's Note: Schedule L is included as an attachment to this chapter. See also Ch. 330, Telecommunication and Cell Tower Rules and Regulations.
No person shall make a subdivision within the meaning of the
Subdivision Control Law of any land within the Town 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.
In those cases in which the land shown on the plan is abutted
by land of an owner not the owner of the land as shown, the Board
may require a statement from the person who prepared the plans as
to the source or sources of the information about the location of
boundaries. A separate form for such statement will be furnished to
the Board. Form D, Designer's Certificate.[1]
[1]
Editor's Note: Form D is set forth in Schedule O, included as an attachment to this chapter.
Not more than one building designed or available for use for
dwelling purposes shall be erected or placed or converted to use as
such on any lot in a subdivision or elsewhere in the Town, 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.
A.
There shall be an administrative fee for each plan application submitted
to the Board for consideration, which fee shall be paid upon submission
of the plan. The administrative fees are presented in Fee Schedules
and Regulations Governing Fees adopted by the Lunenburg Planning Board
as amended, available at the office of the Planning Board upon request.
B.
Project review fees (including project inspection and monitoring
fees).
(1)
All review costs, which include engineering, professional planning,
legal or other professional input plus expenses for advertising, mailing,
notices, secretarial and miscellaneous items, are shown in Fee Schedules
and Regulations Governing Fees adopted by the Lunenburg Planning Board
as amended, available at the office of the Planning Board upon request.
(2)
All additional costs through the monitoring and inspection of
construction and any other expenses are listed in Fee Schedules and
Regulations Governing Fees adopted by the Lunenburg Planning Board
as amended, available at the office of the Planning Board upon request.
(3)
The applicant shall place a sum in escrow with the Lunenburg
Planning Board and the Town of Lunenburg in accordance with Fee Schedules
and Regulations Governing Fees, to be used for the payment of project
review fees.
C.
Failure of the applicant to comply with the requirements of this
section shall be deemed adequate cause for disapproval of the plan.
D.
All matters pertaining to closure of a project shall be subject to
the requirements of Fee Schedules and Regulations Governing Fees.
A.
All plans and all procedures relating to subdivisions and plans not
requiring approval shall conform in all respects to the provisions
of these rules and regulations unless otherwise authorized by the
Planning Board in writing when, in the judgment of the Board, such
action is in the public interest and not inconsistent with the Subdivision
Control Law.
B.
Any such requests for waivers from these rules and regulations must
be submitted by the applicant to the Planning Board in writing. Approval
by the Board must be by vote and confirmed to the applicant in writing
and shall become a part of the application.
The Planning Board shall not approve or modify and approve any
plan of a subdivision of land unless all buildings, structures and
lots shown on said plan comply with the Zoning Bylaw of the Town of
Lunenburg or a variance and/or special permit from the terms thereof
has been granted.
A.
The Board, in considering any proposed subdivision plan, will be
concerned with the requirements of the community and the best use
of the land being subdivided.
B.
Particular attention will be given to width, arrangement and location
of streets, sanitation, drainage, size and arrangement of lots, open
areas, parks, retention of major site features and to land uses which
preserve the character of the Town.
A.
Special permits and certain site plans which now or in the future require submittal and/or approval in the same manner as a definitive plan shall be submitted in accord with § 325-3.4, except for such items as the Planning Board waives in accord with § 325-6.1, and except that the performance guarantee shall be in accord with § 325-3.4L(1), (2) and (3) only.
B.
Private ways not shown on a definitive plan and approved by the Planning
Board under the authority of MGL c. 41, § 81M, prior to
acceptance by the Town.
(1)
The applicant shall file as-built plans, legal descriptions and deeds as required in § 325-3.4O.
(5)
Instead of approval in accordance with § 325-3.4K, after a public hearing held in accordance with § 325-3.4I, the Planning Board shall review, vote to recommend the acceptance of the way(s) or not, and transmit a report to the Board of Selectmen and to the applicable Town Meeting, if any. All action of the Board shall be in accord with MGL c. 41, § 81Q.
