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SECTION III. PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW
A. Application

Any Applicant who wishes to cause to be recorded a plan of land and who believes that such plan does not require approval under the Subdivision Control law shall:

1. File with the Planning Board:
a.  Two copies of a properly executed Form “A” (see Forms) accompanied by the necessary evidence to show that the plan does not require approval;

b.  The plan printed on a 24-inch by 36-inch mylar transparency sheet, in the form set forth in Section III.C of these Rules and Regulations, and six (6) contact prints thereof;

c.  A filing fee (see Fee Schedule);

d.  A 3.5-inch computer disk or compact disk (CD) containing any computer-generated information in the application, in a form acceptable to the Planning Board.

e.  No plan shall be deemed to have been submitted until all requirements of section III.A.1.ad have been satisfied.


2. Give written notice to the Town Clerk by delivery in hand or certified mail, postage prepaid, that the Plan has been submitted to the Planning Board.

B. Submission Date

For the purposes of this Section III, submission shall be deemed to be the date of the first regularly scheduled meeting (whether or not the Board actually meets) of the Planning Board following the submission of the plan to the Planning Board.  The date of said Planning Board meeting fixes the start of the period of time during which the Planning Board must act.

C. Form and Content of Plan

The plan shall be prepared in black ink upon mylar transparency sheets of suitable dimensions.  The plan shall contain the following information:


1.
The proposed locus plan, north point, date, scale, legend, and the title “Plan of Land”;


2.
A locus plan showing all existing lot lines prior to the proposed plan;


3.
The names and addresses of the record owner or owners of the property shown on the plan and the Applicant, if not the owner; the date or dates of acquisition of the property; all deed references; the Town Assessor’s sheet number and parcel number for the property; and the name, signature and appropriate seal of the engineer or land surveyor who prepared the plan;


4.
All property boundary lines adjacent to the proposed parcel;4.  The zoning classification of the property, and the location of any zoning district boundary lines that lie in the vicinity of the property,


5.
Reference to any variances, special permits, exceptions or other decisions issued for the property or for any existing or proposed building or structure thereon by any official Rutland Board or Commission or a court of competent jurisdiction;


6.
Proposed lot lines within the property shown on the plan, with approximate areas and dimensions, including frontage, of such lots, and a number on each lot, including the entirety of any lot proposing to have its boundaries changed;


7.
The location of all existing streets, ways, and easements on or abutting the land, including classification  (e.g. public paved road, gravel way) and width;


8.
The location of all existing structures on the parcel;


9.
Satisfactory evidence that any new lots intended as building lots meet the requirements for “frontage” as described in the Rutland Zoning By-law;


10.
The statement “Planning Board Approval under the Subdivision Control Law not Required” and sufficient space for the date and endorsement of the Planning Board, with the following statement immediately above or below such space:


NO DETERMINATION AS TO COMPLIANCE WITH ZONING REQUIREMENTS HAS BEEN MADE OR INTENDED BY THE PLANNING BOARD’S ENDORSEMENT OF THIS PLAN.

D. Determination that Approval Not Required

If the Planning Board determines that the plan does not show a subdivision of land pursuant to M.G.L. c.41, §§81K81GG, it shall, without a public hearing and within 21 days of submission, endorse on the plan the words:  “Planning Board Approval Under the Subdivision Control Laws Not Required.”  This endorsement does not imply that the plan complies with the Zoning Bylaw of the Town of Rutland.  The signed original of said plan shall be returned to the Applicant and the Planning Board shall notify the Town Clerk, in writing, of its action within 21 days after submission of the plan.

In determining whether or not the plan shows a subdivision and may be entitled to ANR endorsement, the Planning Board shall consider whether the lot(s) shown on the plan are supported by adequate access from the road frontage on which the lot is created.  Lack of adequate access shall be grounds to deny the endorsement of the plan.

E. Determination that Approval Is Required

If the Planning Board determines that the plan does show a subdivision of land pursuant to M.G.L. c.41, §§81K81GG, it shall, within 21 days of submission of said plan, so inform the Applicant and the Town Clerk, in writing, of its determination and shall return the plan to the Applicant.

F. Recording

The applicant shall file the endorsed plan in the Worcester County District Registry of Deeds and shall deliver to the Planning Board a copy of the endorsed plan for its file along with the recording information within 30 days of endorsement.



 
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