A.
The Subdivision Control Law[1] has been enacted for the purpose of protecting the safety,
convenience and welfare of the inhabitants of the cities and towns
in which it is, or may hereafter be, put in effect by regulating the
laying out and construction of ways in subdivisions providing access
to the several lots therein, but which have not become public ways,
and ensuring sanitary conditions in subdivisions and in proper cases
parks and open areas. The powers of a planning board and of a board
of appeal under the Subdivision Control Law shall be exercised with
due regard for the provision of adequate access to all of the lots
in a subdivision by ways that will be safe and convenient for travel;
for lessening congestion in such ways and in the adjacent public ways;
for reducing danger to life and limb in the operation of motor vehicles;
for securing safety in the case of fire, flood, panic and other emergencies;
for ensuring compliance with the applicable zoning ordinances or bylaws;
for securing adequate provision for water, sewerage, drainage, underground
utility services, fire, police and other similar municipal equipment,
and streetlighting and other requirements where necessary in a subdivision;
and for coordinating the ways in a subdivision with each other and
with the public ways in the city or town in which it is located and
with the ways in neighboring subdivisions. It is the intent of the
Subdivision Control Law that any subdivision plan filed with the Planning
Board shall receive the approval of such Board if said plan conforms
to the recommendation of the Board of Public Health and to the reasonable
rules and regulations of the Planning Board pertaining to subdivisions
of land; provided, however, that such Board may, when appropriate,
waive, as provided for in MGL c. 41, § 81R, such portions
of the rules and regulations as is deemed advisable.
[Amended 5-24-2021 ATM by Art. 28]
[1]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.
B.
The purpose of these rules and regulations is to prescribe the size,
form, contents, style and number of copies of plans and the procedure
for their submission and approval thereof, to enable the person submitting
the plan to comply with the requirements of the Register of Deeds
for the recording of the same, and to assure the Board of a copy for
its files, and to set forth the requirements of the Board with respect
to the location, construction, width and grades of the proposed ways
shown on a plan and the installation of municipal services therein.
Said requirements are to enable the Planning Board to carry out the
purpose of the Subdivision Control Law.
The rules and regulations are hereby adopted by virtue of and
pursuant to the authority granted the Planning Board of the Town of
Cohasset by Chapter 41, Sections 81K to 81GG, of the General Laws
of the Commonwealth of Massachusetts, herein called the Subdivision
Control Law, as now existing or hereafter amended.
A.
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
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 and approved by the Board
as hereinafter provided and recorded with the Norfolk County Registry
of Deeds.
B.
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 in accordance with Article II of these rules and regulations.
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 Board, and such consent may be conditioned upon
the provision of adequate access and egress to each site for such
building in the same manner as otherwise required for lots within
a subdivision.
By submitting an application to the Board for approval and/or
endorsement of a plan, the applicant certifies to the Board that the
contents of the application, including without limitation the contents
of such plan, are true and correct. The applicant has the burden of
proving that such application and plan satisfy all applicable requirements
of these rules and regulations, the Subdivision Control Law, and the
Cohasset Zoning Bylaw. Failure by the applicant to present true and
complete information to the Board shall constitute sufficient reason
for the Board to disapprove or rescind approval of the application.
The action of the Board to approve a subdivision does not affect any
rights of others pertaining to the land to be subdivided, nor does
it grant any rights to the applicant to perform work on land owned
by others.
The Board may reasonably interpret these rules and regulations
and the Cohasset Zoning Bylaw to address special, unforeseen or unique
circumstances presented by an application and/or plan.
For the purpose of these rules and regulations, unless a contrary
intention clearly appears, the terms and words defined in the Subdivision
Control Law shall have the meaning given therein. The following other
terms and words shall have the following meaning:
Person acting on behalf of or pursuant to the authority of
another person.
The owner of the land shown on the plan submitted to the
Board for approval and/or endorsement, or the owner's agent, representative
or assign.
The Planning Board of the Town of Cohasset, Massachusetts.
All the plans, computations, data and field work which are required under § 325-15 of these rules and regulations.
A person registered or legally permitted to practice professional
engineering in the Commonwealth of Massachusetts, commonly referred
to as a "Massachusetts registered professional engineer."
The length of the line dividing a lot from the right-of-way
of the street on which it bounds. This is to be measured at the right-of-way
boundary and not at the center line of the street.
The General Laws of the Commonwealth of Massachusetts.
An area or parcel of land in one ownership, defined by metes and bounds or boundary lines in a recorded deed or recorded plan. A parcel shall not be designated a lot unless it conforms with the Table of Area Regulations, § 300-5.3 of the Cohasset Zoning Bylaw.
Massachusetts Department of Transportation.
The publication titled "Massachusetts Department of Transportation,
Construction Standard Details, Highway Division" prepared by the Massachusetts
Department of Transportation, Highway Division, March 2012, or latest
revision thereof as revised by the Massachusetts Department of Transportation
or its successor.
The publication titled "The Commonwealth of Massachusetts,
Massachusetts Highway Department, Standard Specifications for Highways
and Bridges, Boston, Massachusetts, 1988" or the latest revision thereof
as revised by the Massachusetts Department of Transportation or its
successor.
Sewers, water pipes, storm drains, gas pipes, electrical
lines, telephone and communication lines, fire alarm systems, cable
television systems and their respective appurtenances.
The owner of record as shown by the records in the Norfolk
County Registry of Deeds or the Land Court.
An individual, two or more individuals, a partnership, association,
corporation or other legal entity.
A plan of a proposed subdivision or resubdivision submitted in accordance with Article III of these rules and regulations and MGL c. 41, § 81S.
Registered or certified mail as defined by the United States
Postal Service.
The Registry of Deeds of Norfolk County, including, when
appropriate, the recorder of the Land Court.
That portion of a street intended for vehicular use.
A portion of land that is used as a thoroughfare between
different lots, including traveled way, curbing, grass strips, sidewalks,
drainage and utilities.
A subdivision of land into two or more lots in such a manner
as to constitute a "subdivision" as defined in MGL c. 41, § 81L.
A person registered or legally permitted to practice land
surveying in the Commonwealth of Massachusetts, commonly referred
to as a "Massachusetts registered professional land surveyor."
The Town of Cohasset, Massachusetts.
A.
The fee schedule contained in these rules and regulations[1] has been adopted by the Planning Board to provide a schedule
of fees that accurately reflects the costs of services rendered and
the work performed by the Planning Board and its staff in review of
applications, including, without limitation, administration and technical
and legal review of applications.
[1]
Editor's Note: See the Fee and Deposit Schedule included as an attachment to this chapter.
B.
The Board may utilize as its agents appropriate Town agencies and
officials and may at its discretion employ consultants and other professionals
to assist in reviewing plans, inspecting project sites and construction
or rendering opinions on legal issues, all at the expense of the applicant.
All required fees must be submitted with the application and shall
be deposited in a special account in compliance with MGL c. 44, § 53G.
When such an account falls below 50% of the initial required amount,
the applicant shall be notified in writing by the Planning Board to
replenish the account within 14 days of the date of the notice. Public
hearings will be postponed, permits will not be issued and inspections
will not be scheduled until requested funds are received by the Planning
Board office.
C.
Once a project is completed and approved and/or certificates of occupancy
issued, any remaining balance in the special account plus accrued
interest shall be returned to the applicant upon approval of the applicant's
written request.
D.
The Planning Board may review and revise its fee schedules as the
Planning Board determines to be appropriate in its discretion. Any
amendment to the fee schedule shall take effect upon amendment of
these rules and regulations pursuant to MGL c. 41, § 81Q.
If any provision of these rules and regulations, or any portion
thereof, shall be declared invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions shall not be affected
thereby and shall remain in full force and effect.
