As used in this chapter, the following terms
shall have the meanings indicated:
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[1] 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.
[1]
Editor's Note: See MGL c. 41, §§ 81K
through 81GG, inclusive.
A.Â
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[1] may submit his plan, two originals and two copies, minimum,
and application Form A[2] 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 $50 plus $20 per lot
shall accompany the application.
[Amended 4-5-1990; 9-18-2008]
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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]
A.Â
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.
B.Â
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[1] 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.
