A.
An applicant may, in the case of residential subdivision, and shall,
in the case of a commercial subdivision, submit a preliminary plan
of a subdivision in accordance with MGL c. 41, § 81S. The
submission of such a preliminary plan will enable the applicant, the
Board, the Board of Public Health, other municipal agencies and owners
of property abutting the subdivision to discuss and clarify the problems
of the proposed subdivision before a definitive plan is prepared.
Therefore, it is strongly recommended in every instance that a preliminary
plan be filed.
[Amended 5-24-2021 ATM by Art. 28]
B.
The Board may require an applicant to submit documentation satisfactory
to the Board to prove the applicant's ownership of the subject property
and/or prove the agency, representative or assignee relationship.
The application shall include a municipal lien certificate showing
that no outstanding taxes or assessments are due on the subject property.
C.
The application for approval of a preliminary plan shall be made
on Form 2, attached to these regulations.
(1)
The application shall be accompanied by:
(a)
An original of Form 2.
(b)
Nineteen copies of Form 2.
(c)
Twenty sets of plans.
(d)
Twenty sets of all supplementary documents.
(e)
A certified abutters list and two sets of mailing labels matching
the certified abutters list which can be obtained from the Assessor's
office (Assessor's office requires 10 business days to produce).
(f)
Required application fee and engineering and legal deposits.
(g)
Municipal lien certificate.
(h)
Original copy of Planning Board litigation policy statement
signed by both owner and applicant.
(i)
A copy of Form 3 (submitted to the Town Clerk's office) with
the Town Clerk's stamp.
(j)
PDF submission of all plans and documents.
(2)
Nothing contained herein shall preclude the Planning Board from requiring
additional copies of prints as required.
D.
The applicant, in accordance with MGL c. 41, § 81S, shall
give written notice to the Town Clerk by hand delivery or by certified
mail, utilizing Form 3 attached to these regulations. The notice shall
state the date the submission was made to the Planning Board. If such
notice is given by delivery, the Town Clerk shall, if requested, give
written receipt thereof to the person who delivered such notice. The
applicant shall also provide the Town Clerk with a copy of the executed
application form.
E.
As outlined in § 325-8, Consultants and fees, all costs of the services rendered and the work performed by the Planning Board and its staff in review of the proposed preliminary subdivision plan, including without limitation administration and technical and legal review of the proposed preliminary subdivision plan, are the responsibility of the applicant.
F.
A submission shall not be deemed complete and shall not be accepted
until the applicant has submitted the required number of copies of
the Form 2 application, plans and all other supporting documents,
a municipal lien certificate, the signed Planning Board statement
of litigation policy, a certified abutters list and two sets of mailing
labels and has provided the required application fee, and deposit
fee for engineering, legal and Board expenses, unless the Board has
waived the deposit requirement in writing.
A.
The preliminary plan shall be provided at a scale of 1.0 inch equals
40.0 feet. No other scale shall be acceptable to the Board without
the Board's prior written approval.
B.
The preliminary plan shall be prepared so as to form a clear basis
for a discussion, the results of which should form a firm basis for
design of the definitive plan.
C.
The information indicated on the preliminary plan shall include:
(1)
Subdivision name, boundaries, North arrow, date, scale, legend, and
title "Preliminary Plan."
(2)
Names and addresses of record owner and applicant and the name of
the designer, Massachusetts registered professional engineer, or Massachusetts
registered professional land surveyor.
(3)
Names of all abutters, as determined from the most recent tax lists,
and the names, approximate location, and width of all adjacent streets.
(4)
The existing and proposed lines of streets, ways, easements, and
any public areas within the subdivision in a general manner.
(5)
The boundary lines of proposed lots showing approximate areas and
dimensions.
(6)
The topography of the land in general manner; proposed alterations
in topography, if significant.
(7)
The proposed drainage system, including adjacent existing natural
waterways, in a general manner.
(8)
The zoning classification of the land shown on the plan and the location
of any zoning district boundaries that may lie within the locus of
the plan.
(9)
The location of all major features of the land such as existing walls,
fences, monuments, buildings, large trees or wooded areas, large boulders,
rock edges or ledge outcroppings, swamps, water bodies, and natural
watercourses including drainage ditches.
(10)
Identify any area(s) within the locus which lie(s) within a
Floodplain and Watershed Protection District.
(11)
The existing and proposed municipal services within the subdivision
in a general manner.
A.
The Board strongly recommends, but does not require, that the following
information be contained in the preliminary plan:
(1)
A locus plan at a scale of one inch equals 800 feet showing the relationship
of the subdivision to adjoining property within a radius of a quarter
of a mile of the proposed subdivision.
(2)
The location of the General Soils Classifications identified by the
Natural Resources Conservation Service, United States Department of
Agriculture, as depicted on available maps.
(3)
Topography of the land at contour intervals for gentle slopes and
five-foot intervals for steep slopes. Elevations shown shall be developed
on National Geodetic Vertical Datum (NGVD) base datum. Such datum
shall be stated on the plan.
(4)
Proposed systems of storm drainage, water and sewage disposal, including
adjacent existing natural waterways intended to receive sewage and/or
drainage effluent.
(5)
Profiles of existing grades and approximate finished grades of proposed
roadways, and drain and sewer systems at a scale of 1.0 inch equals
40.0 feet horizontally and 1.0 inch equals 4.0 feet vertically.
(6)
A report on soil testing performed prepared by a Massachusetts registered
professional engineer. The purpose of the report shall be to supply
soil data to the Planning Board and assist in evaluating the design
of the subdivision. The report shall include the location of observation
pits. Logs of such observation pits shall be taken in accordance with
the regulations concerning pits as required in 310 CMR 15.00 of the
State Environmental Code, Subsection 15.102(3), Deep Observation Holes,
prior to submission of the definitive plan. The minimum depths of
such pits shall be as follows:
(7)
A preliminary environmental impact report addressing the following:
(a)
An analysis of the site, including wetlands, slopes, soil conditions,
areas within the one-hundred-year flood, trees over 12.0 inches diameter
and such other natural features as the Planning Board may request.
(b)
A summary of the environmental concerns relating to the proposed
plan.
(c)
A description of the neighborhood in which the tract lies, including
utilities and other public facilities, and the impact of the proposed
plan upon them.
(d)
Review of traffic impacts of the development and potential mitigation.
B.
It is strongly advised that the roadway center line be staked at
appropriate intervals to facilitate review of the preliminary plan.
A.
The Board and the Board of Public Health shall act upon the preliminary
plan and its accompanying materials in accordance with MGL c. 41.
Approval, if given, does not constitute approval of a subdivision.
[Amended 5-24-2021 ATM by Art. 28]
B.
Any plan submitted by the applicant to the Board in advance of the
definitive plan which does not conform to the requirements hereof
pertaining to a preliminary plan shall not be considered to be a preliminary
plan, nor shall such a plan be accepted by the Board.
(1)
Review of plan. The preliminary plan will be transmitted to the Board
of Public Health and such other boards or committees as the Planning
Board may deem advisable. A preliminary plan public discussion will
be held by the Planning Board. During discussion of the preliminary
plan, information required for the definitive plan will be developed.
The Planning Board office staff shall mail a copy of the initial meeting
agenda to abutters as notification of the public discussion.
[Amended 5-24-2021 ATM by Art. 28]
(2)
Preliminary plan approval. As soon as is practicable, and in no case
more than 45 days after the submission of the preliminary plan, the
Board shall notify the applicant and the Town Clerk whether such submission
has been approved, approved with modifications, or disapproved. If
the preliminary plan was disapproved the Board shall give specific
reasons for disapproval Approval in no case constitutes approval of
the proposed subdivision.
