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10/02/2002 PLANNING BOARD Minutes
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10/02/2002 PLANNING BOARD Minutes
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Mashpee_Meeting Documents
Board
PLANNING BOARD
Meeting Document Type
Minutes
Meeting Date
10/02/2002
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the statute regarding filing of ANR Plans but indicated that I would review the issue with <br />Town counsel. I also indicated that my concerns about the property description pdrnadly <br />related to his apparent request that the staff submit his plan to the Board and only increased <br />nay reluctance to do so. He will have to explain the discrepancies to the Board himself and <br />they will have to decide whether they are germane to their review of the Plan. <br />As regards the filing process for ANR Plans, the Planning Board's "Rules and Regulations <br />Governing the subdivision of Land" are quite clear. Section IV E.1. (attached) states that <br />"Any person who wishes to have an ANR plan recorded) may submit his plaint application <br />Form A, and required fees (see schedule) to the Board at a regularly scheduled meeting, <br />either in person or by a representative." <br />The Board"s regulations have been properly adopted pursuant to M.G.L. Chapter 41, <br />Section 1-c (attached), which Mates that the "planning board shall adept ... reasonable <br />rules and regulations relative to subdivision control" and that "such rules and regulations <br />may prescribe the size, form, contents, style and number of copies of plans and the <br />procedure for the submission and approval thereof. <br />Mr. Sykes stag in our phone conversation that, instead of the process rewired in our <br />subdivision regulations, sections 1-P and 1-T of M.G.L. Chapter 41 specify that an A11 <br />Plan is to be filed with the Town Clerk. In this contention he is clearly wrong and has <br />misread the statute. <br />Section 1-P (affached), which deals with endorsement of ANR plans, states that "Any <br />person vAshing to cause to be recorded (such an ANR Plan) may submit his plan to the <br />planning board ... in the manner prescribed in section eighty-one T". <br />Section 1-T(attached) requires that Every person submitting a definitive plan of land to <br />the planning board ... for its approval or for a determination that approval is not required <br />shall give written note to the (town) clerk ...by delivery or by registered ,nail, postage <br />prepaid, that he has submitted such a plan." It goes on to requite that "such notice ... <br />shall Mate the dame when such plan was submitted." clearly, a notice stating the date on <br />which a plan "was submitted" is not the plan itself, and as it states the dame on which the plan <br />'Was submMed"', could not in itself be the act which constitutes the submission of the plan. <br />The filing required by the statute with the Town Clerk i clearly not of the ANR Plan itself, <br />but of a notice to the Torun Clerk of the date on which the applicant submitted the plan to the <br />Planning Board which must be done according to the Planning Board rules and regulations <br />specified by 81- . <br />The Planning BoardIs rules and regulations recognize this subsequent notice requirement to <br />the Torn Clerk. Section IV B.1. requires than after filing the ANPlan at a Planning Board <br />meeting, the applicant ushall file, by delivery or registered mail, a notice with the Town Clerk <br />stating the date of submission for such determination and accompanied by a copy of said <br />application." To facilitate this requirement, the Board has developed our "Form N", a copy of <br />which is attached. As a courtesy to applicants, the Planning Department staff has <br />traditionally filed this Form N with the Town Clerk the day aftr a filing with the Board, <br />although it legally remains the applicant's responsibility. <br />Page <br />
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