1988-PLANNING BOARD OF APPEALS - Laserfiche WebLink

Home Browse Search

41 § 81P OFFICERS AND EMPLOYEES OF CITIES, ETC, Note 3 to "approval not required" endorsement if the boundaries and dimensions of tract from which new plan shows lots of lawful dimensions abut- lot was proposed to be severed since public had ting ways on earlier approved plan, but earlier right not to be misled by endorsements on re- , approved plan contained conditions which have corded plans. P�er�r+r�v�.Planning Bd-of.iantuck- j not been met. Id. et (1983) 444a\IXL)d 389. 15 Base App. 1441. � •�'' Planning board had authority to refuse to en- To whatever extent subjective motivation may dorse new plan -approval under subdivision con- be relevant to validity of town planning board s trol law not required," despite contention that approval of subdivision plan.burden would be on new plan did not disclose subdivision because plaintiff to show impropriety. Arrizo v. Plan. lot-, on w sting approved subdivision plan were ping Bd. of Franklin (1981) 429 N.E.'d 355, 12 merely being altered so as to create larger lots, 31ass.App. 802. review denied 440 N.F_2d 1173. where- appiication for endorsement had been 385 Mass. 1101. filed 18 years after approval of original plan, 6. Evidence none of streets shown on original plan had been i bunt and locus of new plan had in the interven- Landowner's plan for tract division was not ing time been site of gravel excavation and was entitled to endorsement of town planning board located 25 feet below grade of surrounding land. as exempt from subdivision control on ground l so there was compelling municipal concern about that lot was not available for use as site of safety of grades of access roads and about ade- building where plan for lot contained no informa- quacy of drainage facilities. Id. tion at all concerning dimensions or boundaries of tract from which it was proposed to be sevi 5. Burden of proof ered or that remaining land was available for I( Town planning board was not required to en- use as site of building. Perry v.Planning Bd.of dorse plan for tract division as exempt from Nantucket (1983) 444 NX"2d 389, 15 M ss.App. subdivision control unless landowner showed 141. § 81Q. Planning board: adoption of rules and regulations F . 'After a public hearing,notice of the time and place of which,and of the subject matter, sufficient for identification,shall be published in a newspaper of general circulation in the city or town once in each of two successive weeks,the first publication to be not less than fourteen days before the day of the hearing or if there is no such newspaper in such city or town then by posting such notice in a conspicuous place in the city or town hall for a period of not less than fourteen days before the day of such hearing, a planning board shall adopt, and, in the same manner. may, from time to time, amend, reasonable rules and regulations relative to subdivision control not inconsistent with the subdivision control law or with any other provisions of a statute or of any,aIid ordinance or by-law of - the city or town. Such rules and regulations may prescribe the size,form,contents,style and number of copies of plans and the procedure for the submission and approval thereof. and shall be such as to enable the person submitting the plan to comply with the requirements of the register of deeds for the recording of the same, and to assure the board of a copy for its files; and shall set forth the requirements of the board with respect to the location, construction. width and grades of the proposed ways shown on a `y plan and the installation of municipal services therein, which requirements shall be established in such manner as to carry out the purposes of the subdivision control law as I set forth in section eighty-one M: Such rules and regulations shall not require referral of a subdivision plan to any other board or person prior to its submission to the planning ' board. In establishing such requirements regarding ways, due regard shall be paid to the prospective character of different subdivisions, whether open residence, dense residence. ' business or industrial, and the prospective amount of travel upon the various ways therein,and to adjustment of the requirements accordingly; provided,however, that in no case shall a cit} or town establish rules or regulations regarding the laying out- construction, alteration, or maintenance of ways within a particular subdivision which exceed the standards and criteria commonly applied by that city or town to the laying out. construction, alteration, or maintenance of its publicly financed ways located in similarly zoned districts within such city or town. Such rules and regulations may set forth a ' requirement that a turnaround be provided at the end of the approved portion of a wav which does not connect with another way. Any easement in any turnaround shown on -a plan approved under the subdivision control law which arises after January first,nineteen 128 i F: