5.00 PLANS BELIEVED NOT TO REQUIRE SUBDIVISION CONTROL APPROVAL (ANR’s)
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 the plan does not require approval under the Subdivision Control Law may submit the plan to the Planning Board or to the Town Clerk, with the necessary evidence to show that the plan does not require approval. (MGL Ch. 41, §81-P & §81-T).
5.02 Determination Criteria
Generally, a plan which shows the dividing of one lot into two or more lots, but which relies entirely on frontage on existing ways to satisfy zoning requirements, whether as drawn or in combination with parcel(s) directly adjacent to the parcel(s) being created does not require approval under Subdivision Control Law. It is the subdivider’s responsibility to demonstrate that the proposed subdivision does not require that approval.
5.03 Procedure for Plans found not to Require Approval
If the Board determines that the plan does not require approval, it shall forthwith, without a public hearing, endorse on the plan the words “Approval under the Subdivision Control Law not required,” and may add to such endorsement a statement of the reason approval is not required. The Planning Board may authorize less than a majority of its members to make such an endorsement, in which case the Board shall send a written statement to the register of deeds and the land court, signed by a majority of the Board, giving the name(s) of the person(s) so authorized. After endorsement the plan shall be returned to the applicant and the Board shall notify the Town Clerk of its action. Any such authorization of less than a majority to act on behalf of the majority is not intended to be a durable condition. Such authorization should be given on a case-by-case basis and should end once the the particular situation that required it is resolved.
5.04 Exceptions on Plans found not to Require Approval
If the Board determines that the plan presented does not require approval under Subdivision Control, but the resulting lot(s) do not meet Zoning Dimensional Requirements for building lots (for example, if the subdivider is conveying one of the resulting parcels to be added to an abutting parcel, which, when combined will satisfy zoning, but which, as shown on the plan lacks either sufficient frontage or acreage for a legal building lot), it should add to the endorsement described in §5.02 of these rules a statement to the effect that the lot (identify which lot or lots are referred to) is not a legal building lot.
5.05 Filing Requirements
The applicant shall submit to the Planning Board a mylar and seven (7) prints of the plans accompanied by seven (7) copies of a completed application Form A (see Appendix A) and the appropriate fee, together with any necessary evidence to show that the plan does not require approval. Plans must show all land in common ownership within 300 feet, wells & septic system locations. ANR’s are subject to a filing fee (as specified in §11.06 of these Rules) for each new parcel created.
5.06 Procedure on Plans Requiring Approval Under Subdivision Control Law
If the Board determines that the plan does require approval under the Subdivision Control Law, it will so inform the applicant in writing and notify the Town Clerk of its action. Applicant may appeal such action, as provided in MGL Ch. 41, §81-BB.
5.07 Failure of the Board to Act
If the Board fails to act upon a plan submitted under this section or fails to notify the Town Clerk and the person submitting the plan of its action within twenty-one days after submission, it shall be deemed to have determined that approval under the Subdivision Control Law is not required, and it shall forthwith make such endorsement on said plan, as further provided in MGL Ch. 41, §81-P.