As used in this chapter, the following terms shall have the meanings indicated:
- APPLICANT or SUBDIVIDER
- The owner of record of the tract of land to be subdivided, or his agent duly authorized in writing.
- The Planning Board of the Town of Agawam.
- An area of land in one ownership, with definite boundaries, used or available for use as the site of a principal building and its accessory buildings. A "lot" within a subdivision shall mean such an area whose boundaries are recorded and which area has no interior division.
- The division of a tract of land into two or more lots in such manner as to require provisions for one or more new ways not in existence when the Subdivision Control Law became effective in the Town of Agawam to furnish access for vehicular traffic to one or more such lots, and shall include resubdivision and, when appropriate to the context, shall relate to the process of subdivision of the land or territory subdivided.
Editor's Note: See MGL c. 41, § 81K through 81GG, inclusive.
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, two originals and two copies, minimum, and application Form A to the Planning Board accompanied by the necessary evidence to show that the plan does not require approval. Said person shall file, by delivery or registered mail, a notice with the Town Clerk stating the date of submission for such determination and accompanied by a copy of said application. A filing fee of $35 shall accompany the application.
Editor's Note: Form A is on file in the Planning Department offices.
Said plan shall be at a scale no smaller than one inch equals 40 feet and shall be 24 inches by 36 inches or 18 inches by 24 inches in size and shall show all existing structures and their relationship to the proposed property lines. The plan shall be of such sheet size and layout so as to conform to the regulations of the Registry of Deeds. A block space, 3.5 inches wide by four inches high, shall be available adjacent to the right on the bottom margin for the endorsement of the Planning Board.
If the Board determines that the plan does not require approval, it shall without a public hearing and within 21 days of the submission endorse on the plan the words "Planning Board Approval Under Subdivision Control Law Not Required." Said plan shall be returned to the applicant, and the Board shall notify the Town Clerk of its actions.
If the Board determines that the plan does require approval under the Subdivision Control Law, it shall within 21 days of submission of said plan so inform the applicant and return the plan. The Board shall also notify the Town Clerk of its determination.
Any plan so endorsed shall be recorded with the Registry of Deeds within six months. Proof of recording shall be submitted to the Planning Board. Failure to record the plan within six months and provide proof of recording will negate the action of the Board. In addition, no building permit will be issued until a certified copy of the registered plan is received by the Agawam Department of Public Works.
[Amended 3-19-1992; 6-18-1992]
No person shall make a subdivision 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 preliminary and definitive plan involved therefrom of such subdivision has been submitted to and approved by the Planning Board as hereinafter provided.
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. The consent of the Board shall be conditional upon conformance with the applicable zoning ordinances and the provision of adequate ways and utilities furnishing access to each site of such building the same as otherwise required for lots in a subdivision.