For the purposes of these rules and regulations, the following
words or terms used herein are hereby defined or the meaning thereof
explained, extended, or limited as stated in MGL c. 41, § 81L,
as amended. Other terms or words or phrases not defined herein or
in the Subdivision Control Law shall be construed according to the
common and approved usage of the language, but technical words and
phrases and such other terms or phrases as may have acquired a particular
and appropriate meaning in law shall be construed and understood according
to such meaning.
One or more persons designated to represent a Town board
or agency.
The owner of the land referred to in an application filed
with the Planning Board, or the owner's duly authorized representative.
The drawings which show the construction of a particular
structure or work as actually completed.
The Planning Board of the Town of Marion.
A structure, or portion thereof, either temporary or permanent, having a roof or other covering forming a structure for the shelter of persons, animals and property of any kind. No trailer or mobile home shall be used as a building, except as permitted by MGL c. 40A, § 3, and Chapter 230, Zoning, § 230-6.7. The term "building" shall be construed as if followed by the words "or portion thereof."
The municipal official specified in the Massachusetts State
Building Code designated as such by the Board of Selectmen.
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 the 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.
A parcel or parcels of permanently protected land or an area
of water, or a combination of land and water within the site designated
and intended for the use and enjoyment of Town residents and/or residents
of flexible development housing. Common open space may contain such
complementary structures and improvements as are necessary and appropriate
to its use and enjoyment.
Refers to consecutive calendar days.
See "plan, definitive."
The control of surface water within the tract of land to
be subdivided.
[Amended 10-17-2022]
An improved access (other than a street) connecting between
a street and one or more parking or loading spaces. Nothing in this
definition is meant to preclude that access from being shared with
abutting land by granting of a right-of-way or easement to abutting
land/lot owners. In neither case does it qualify as a way, as defined
in "private way" or "right-of-way," nor does it satisfy the frontage
requirements for buildable lots.
[Amended 10-17-2022]
A right acquired by a public authority or other person for
use or control of property for utility or other designated public
purpose.
The volume generated by the first 1.25 inches of stormwater
runoff. This first flush of runoff carries the majority of accumulated
pollutants from impervious surfaces.[1]
Shall have the same definition as that used in the Zoning
Bylaw.[2]
An area of land in one ownership, with definite boundaries
used, or set aside and available for use, as the site of one or more
buildings.
The horizontal area of the lot, exclusive of any way in a
public or private way open to public usage. For computation of minimum
lot area requirements, see the Marion Zoning Bylaw.[3]
A lot which has legal frontage on both a public way and on
a proposed subdivision way, and which shall be shown on a subdivision
application and shall be considered a part of that plan.
Shall refer to the latest edition with amendments.
The General Laws of the Commonwealth of Massachusetts, Ter.
Ed., with all additions thereto and amendments thereof. In the case
of a rearrangement of the General Laws, any citation of particular
sections herein set forth shall be applicable to the corresponding
sections in the new codification.
Sewers, surface water drains, and other private or public
utilities, including water pipes, gas pipes, electric lines, cable
television lines, telephone lines, fire alarm lines, and their respective
appurtenances.
As applied to real estate, the person (hereinafter defined)
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.
The area between the paved road, the property line or sidewalk/bike
path.
A permanent reference point with the elevation accurately
established and referenced to the United States Coast and Geodetic
Survey datum.
[Amended 10-17-2022]
An individual, partnership, corporation, or two or more individuals
or a group or association of individuals, having common or undivided
interests in a tract of land.
The plan of a subdivision as submitted to the Board for approval,
to be recorded in the Registry of Deeds or Land Court when approved
by the Board.
A plan of a proposed subdivision or resubdivision of land
of sufficient accuracy to be used for the purpose of discussion and
review and meeting the requirements of the Subdivision Rules and Regulations.
See "plan, preliminary."
A road, street, highway, avenue or routed passage which has
not been accepted as a public way by a vote of the Town.
The greatest elevation at which groundwater is expected to
occur at any point on the site. This elevation shall be determined
by direct observation of groundwater in specific areas of the site
and by comparison with groundwater monitoring wells in the Town of
Marion. The applicant shall estimate the groundwater elevations utilizing
accepted methods for calculating probable maximum groundwater elevations,
such as the U.S. Geological Survey method for estimating probable
high groundwater levels in Massachusetts.
[Amended 10-17-2022]
Any road which has been accepted as a public way pursuant
to MGL c. 82, or any way established by court decree to be a public
way by dedication, prescription or otherwise.
Equivalent to as-built drawings.
Refers to registered mail.
[Amended 10-17-2022]
One or more persons designated to represent the applicant
before the Planning Board.
A strip of land owned by another but over which persons sharing
the right-of-way have a right to pass and re-pass. Unless the strip
meets the requirements of "private way," frontage on the way does
not satisfy the requirement for buildable lots.
That portion of a way or street layout which has been prepared
and constructed for vehicular traffic.
See "street, secondary."
The Special Flood Hazard District as established by the Marion
Zoning Bylaw.[4]
The Commonwealth of Massachusetts Department of Transportation
Standard Specifications for Highways and Bridges.
[Added 10-17-2022]
The portion of the property where physical stormwater management
activities are conducted (i.e., treatment, retention/detention, etc.).
The area includes the space for the management activities and access
for maintenance.
An improved public way laid out by the Town of Marion, the
Plymouth County Commissioners or the Commonwealth of Massachusetts,
or a way which the Marion Town Clerk certifies is maintained by public
authority as a public way, or a way in existence having, in the opinion
of the Planning Board, sufficient width, suitable grades and adequate
construction to accommodate the vehicular traffic anticipated by reason
of the proposed use of the land abutting thereon or served thereby
and for the installation of municipal services to serve such land
and buildings erected to be erected thereon. A way shall not be a
"street" with respect to any lot which does not have appurtenant to
it a recorded right of access to and over such way for vehicular traffic.
A street, portion of a street or combination of streets in
which accessibility is limited to a single means of ingress and egress.
Any proposed street which intersects solely with a dead-end street
shall be deemed to be an extension of the dead-end street. Dead-end
streets and their extensions, if any, shall be measured between the
sideline intersecting street and the center of the turnaround or the
hammerhead. For the purposes of this regulation, a cul-de-sac or hammerhead
turnaround is a dead-end street.
[Amended 10-17-2022]
A street that, in the opinion of the Planning Board, primarily
serves abutting residences and is not intended to serve through traffic.
A street that, in the opinion of the Planning Board, primarily
serves as a collector street for local streets or as a minor through
traffic way and secondarily as access to abutting residences.
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 frontage
on (a) a public way or a way which the Clerk of the Town 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 in which the land lies, 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 zoning or
other ordinance or bylaw, if any, of said Town for erection of a building
on such lot, and if no distance is so required, such frontage shall
be at least 20 feet. 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 in which the land lies into separate lots on each of which
one of such buildings remains standing, shall not constitute a subdivision.
See MGL c. 41, § 81L.
MGL c. 41, §§ 81K to 81GG, inclusive, and
any amendments thereof, additions thereto or substitutions therefor.
The Town of Marion.
The Water Supply Protection District as established by the Marion Zoning Bylaws and further described in § 230-8.2 of the Marion Zoning Bylaw.
The full strip of land designated as a way, consisting of
the roadway, and any planting strips or sidewalks. A way so designated
shall be available only for such uses as are customary for ways in
the Town, and shall not be available for any private construction
such as buildings, fuel tanks, septic systems, fences, or walls.[5]
Land extending across the required width of the lot and lying
between the street line of the lot and the nearest line of the building.
The depth of the front yard shall be the minimum distance between
the building and front lot line.
The Zoning Bylaw of the Town of Marion.[6]
[1]
Editor's Note: This definition was amended as part of the
recodification of the Town's General and Zoning Bylaws adopted 10-23-2017
STM by Art. S7. The specific changes made are noted in a document
entitled "Town of Marion Final Draft," dated August 16, 2017, which
document is on file in the Town offices.
[5]
Editor's Note: This definition was amended as part of the
recodification of the Town's General and Zoning Bylaws adopted 10-23-2017
STM by Art. S7. The specific changes made are noted in a document
entitled "Town of Marion Final Draft," dated August 16, 2017, which
document is on file in the Town offices.
A.Â
Application and other forms. Applicants shall submit either an approval
not required plan application, a preliminary subdivision application,
or a definitive subdivision application, all of which shall be submitted
as required herein. Other forms required to be submitted under these
rules shall be specified by the Planning Board or its agent, and will
normally be provided by the Planning Board or its agent. All plans
and applications shall comply in all respects with the provisions
of these rules and regulations, unless the Board authorizes a waiver
therefrom in specified instances.
B.Â
Place of submittal and filing. The submittal of all applications
for consideration by the Planning Board shall be completed by delivering
all required application materials (including a copy of the notice
filed at the Town Clerk's office, date stamped by said office) to
the agent of the Planning Board at the Planning Board office during
office hours; or during a Planning Board meeting; and by filing the
notice of said submittal at the office of the Town Clerk as required
herein. The applicant must check with these offices to verify hours
during which they will be open. Application materials submitted to
the Planning Board shall be the property of the Town, and a copy of
all application materials shall be retained by the Planning Board.
C.Â
Notice to Town Clerk of submittal. Every person submitting an application
to the Planning Board under these regulations shall concurrently file
written notice at the office of the Town Clerk by hand delivery or
by registered mail, postage prepaid, that such application has been
submitted to the Planning Board. Said notice shall describe the land
to which the plan relates in sufficient detail for identification,
shall state the date when such application was submitted to the Planning
Board, and shall include the name, address and daytime telephone numbers
of the property owner, and of the person making application if different
from the property owner. A copy of the completed application form
shall be filed with said notice at the office of the Town Clerk; and
a statement that such notice to the Town Clerk has been made shall
be included as part of any application to the Planning Board with
a copy to the Board of Health.
[Amended 10-17-2022]
D.Â
Status of applications.
(1)Â
Within seven days of the submittal date of an application, or
within seven days of any subsequent submittal date in response to
a determination that any such application was incomplete, the Planning
Board or its agent shall review said application and inform the applicant
and the Town Clerk in writing as to whether said application is deemed
complete and properly submitted. An application shall be deemed complete
only if the applicant has provided all of the information required
by these regulations, with the appropriate number of copies and in
the appropriate format. If said application is determined to be incomplete
or improperly submitted, the applicant shall receive written notice
from the Planning Board or its agent listing the items or information
needed for a complete and proper application. When the application
is deemed complete and properly submitted by the Planning Board or
its agent, it shall notify the Town Clerk in writing of the final
submittal date.
(2)Â
The final submittal date shall be the date that the completed
and properly submitted application is received by the Planning Board
or its agent. For applications that have been deemed incomplete, the
applicant must agree in writing to any new submittal date in order
for any additional information or material to be considered part of
the original application.
E.Â
Withdrawing applications. An applicant may withdraw a submitted application,
without prejudice as to the rights set forth in MGL c. 40A, § 6
and MGL c. 41, § 81Q, by filing with the Planning Board
and the Town Clerk a written statement of withdrawal. The applicant
shall be responsible for all costs incurred by the Town in processing
and reviewing said application, up to and including the withdrawal,
and shall not be entitled to a reimbursement of any fee paid.
F.Â
Responsibility for information and materials. By submitting an application
or request under these regulations, the applicant assumes responsibility
for the accuracy and representations made or implied for all of the
information and materials that constitute said application or request.
A.Â
Conformance. The Board shall not approve or modify and approve any
plan of a subdivision of land unless all lots and other aspects of
such plan conform with the Zoning Bylaw of the Town or a variance
from the terms thereof has been granted by the Board of Appeals.
B.Â
Issuance of building permits. The official in the Town authorized
to issue building permits shall not issue any permit for erection
of a building until first satisfied:
(1)Â
That
the lot on which the building is to be erected is not within a subdivision;
(2)Â
That
a way furnishing the access to the lot within a subdivision as required
by the Subdivision Control Law is shown on a recorded plan and that
any conditions endorsed thereon limiting the right to erect or maintain
buildings on such lot have been satisfied; and
(3)Â
That
all other applicable requirements have been met.
The Board, on its own motion or on the petition of any interested
person, shall have the power to modify, amend, or rescind its approval
of a plan of a subdivision, or to require a change in a plan as a
condition of its retaining the status of an approved plan, after due
notice and opportunity to the owner to be heard in accordance with
MGL c. 41, § 81W, as amended.
A.Â
Professional, legal, and technical assistance. The Board may assign
as its agents appropriate Town officials, and may hire professional
and legal technical experts to review plans and inspect improvements
at the cost of the applicant.
B.Â
The fees indicated in Planning Board Fee Schedule,[1] shall accompany the submittal of application materials
of the various plans specified in the rules and regulations, to cover
costs of processing, technical review, and inspection. No application
shall be deemed submitted unless:
[[2]Amended 10-17-2022]
(1)Â
The
appropriate fee accompanies said application; fees shall be submitted
by certified or bank check, and
(2)Â
A
certification by the Assessors that all required taxes have been paid
is included.
[1]
Editor's Note: The Planning Board Fee Schedule is on file
in the Planning Board office.
[2]
Editor’s Note: This subsection was amended as part of
the recodification of the Town's General and Zoning Bylaws adopted
10-23-2017 STM by Art. S7. The specific changes made are noted in
a document entitled "Town of Marion Final Draft," dated August 16,
2017, which document is on file in the Town offices.
A.Â
Submission. 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 said plan does not require approval under the
Subdivision Control Law shall submit to the Board at a regular meeting
said plan, seven prints thereof, and two copies of a properly executed
Form A, Application for Endorsement of a Plan Believed Not to Require
Approval,[1] accompanied by the necessary evidence to show that the
plan does not require approval. In order to be considered, the plan
and Form 2A must be submitted to the Planning Board before 12:00 noon
of the Wednesday prior to the next regular meeting. The applicant
shall also submit the fee as set forth in Appendix A, Planning Board
Fee Schedule,[2] with the application form. Said person shall file, by
delivery or registered mail, a notice with the Town Clerk stating
the date of submission for such determination. The Board will review
the plan to determine whether it is a subdivision and whether it conforms
to the standards for endorsement.
B.Â
Required information. Said plan shall be of a minimum dimension of
9Â 1/2 inches by 14 inches, but not to exceed a dimension of 24
inches by 36 inches, drawn at a scale of one inch equals 40 feet,
and shall contain the following information:
(1)Â
Identification of the plan by the name of the owner of record
and the location of the land in question;
(2)Â
The statement "Approval Under the Subdivision Control Law Not
Required," and sufficient space for the date and all signatures of
the members of the Board;
(3)Â
Zoning classification and location of any zoning district boundaries
that may lie within the locus of the plan;
(4)Â
In the case of creation of a new lot, the remaining land area
and frontage of the land in the ownership of the applicant, if any;
(5)Â
Notice of any decisions by the Zoning Board of Appeals, including
but not limited to variances and special permits regarding the land
or any buildings thereon;
(6)Â
Names of abutters from the latest available Assessor's records
unless the applicant has knowledge of any changes subsequent to the
latest available records;
(7)Â
Distance to the nearest permanent monument; contours at the
scale of available topographical maps, or, where applicable, contours
at a scale sufficient to demonstrate that each lot has present vehicular
access from the way serving the site;
(8)Â
Location of all existing buildings, including setback and side
and rear yard designations and any existing structures on any remaining
adjoining land owned by the applicant and dimensions of yards relating
to such structures;
(9)Â
Location of any easement, or way, public or private, across
the land, with a designation as to the use of the same.
C.Â
Action. The Board has 21 days after submission of the request to
make a decision to accept or deny the plan. If the Board fails to
act upon a plan submitted under this section or fails to notify the
Clerk of the Town and the person submitting the plan of its action
within 21 days after its submission, it shall be deemed to have determined
that approval under the Subdivision Control Law is not required, and
it shall forthwith make such endorsement on said plan, and on its
failure to do so forthwith, the Town Clerk shall issue a certificate
to the same effect.[3]
[3]
Editor's Note: This subsection was amended as part of the
recodification of the Town's General and Zoning Bylaws adopted 10-23-2017
STM by Art. S7. The specific changes made are noted in a document
entitled "Town of Marion Final Draft," dated August 16, 2017, which
document is on file in the Town offices.
A.Â
General plans shall be endorsed as not requiring approval under the
Subdivision Control Law and subdivision plans shall be approved only
if 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.Â
Standards of adequacy. Streets within a subdivision shall be considered
to provide adequate access if, and only if, said streets comply with
the standards established in the Town's Subdivision Rules and Regulations.
Ways providing access to streets within a subdivision shall be considered
to provide adequate access where, prior to construction on any lots,
the applicant for subdivision approval assures that such access will
be in compliance with the Subdivision Regulations for right-of-way
width, pavement width, maximum grade, and sight distance requirements
applicable to ways within a subdivision.
C.Â
Direct access. A subdivision that has its main access to an existing
way in an adjoining town, but has some of its lots within the geographical
boundaries of the Town of Marion, must provide additional direct and
exclusive access to a public way within the Town of Marion. This access
shall serve as a means for the residents whose lots lie within Marion
to be served by and to reach Marion Town services. The lots and ways
that serve the lots within the Marion boundaries must meet all of
the requirements of the Zoning Bylaws and of the Subdivision Rules
and Regulations of the Town of Marion. No building permit for building
on any of the lots within the Marion boundaries shall be issued until
the way or ways connected directly to Marion ways are physically completed.
D.Â
Multiple access. When a subdivision road is over 500 feet in length,
or a subdivision contains more than 35 homes, a second emergency access
sufficient in construction and width (but not necessarily paved) to
allow emergency vehicles must be provided.
E.Â
Obligations. The Board may require, as a condition of its approval
of a subdivision plan, that the applicant dedicate or acquire and
dedicate a strip of land for the purpose of widening access ways to
a width as required in these regulations, above, and that the applicant
make physical improvements within such way or compensate the Town
for the cost of such improvements in order to meet the standards specified
above.
F.Â
Waiver of access standards. The Board may waive strict compliance
with these access regulations only upon its determination, following
consultation with the Selectmen, Road Superintendent, Police Chief,
or professional consultants, that the way in fact will be otherwise
sufficient to serve the needs for access to serve potential uses of
land abutting on or served by the way in question.
A.Â
General.
Pursuant to MGL c. 41, § 81R, strict compliance with these
rules and regulations may be waived when, in the judgment of the Board,
such action is in the public interest, not inconsistent with the Subdivision
Control Law, and promotes public health and safety.
B.Â
No waiver(s)
shall be granted unless:
(1)Â
Application for a definitive plan hearing includes in writing
all requested waivers.
(2)Â
A listing of the above waivers and a brief description of them
are included in the existing hearing notice.
(3)Â
The following procedure shall apply if an applicant requests
further waivers: the hearing shall be continued so that one week's
public notice of the continued hearing and additional waiver(s) can
be given by a single legal advertisement in a local paper.
(4)Â
The reference to the Planning Board's waiver policy document
in the original hearing notice shall be considered adequate public
notice for any waiver(s) proposed by the Board itself at any time
during the hearing process.
(5)Â
The nature of the waiver(s) requested and the reason(s) for
granting or denying it shall be recorded as part of the Planning Board
minutes.
(6)Â
Waiver(s) granted by the Planning Board shall be shown on the
final plan submitted for approval.
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. 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, and such consent may be conditional upon the provision
of adequate ways furnishing access to each site for such a building,
in the same manner as otherwise required for lots within a subdivision.
