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 requite approval under the Subdivision Control Law shall:
3.1.1 Submit to the Board the plan accompanied by an application for Endorsement of Plan Believed not to Require Approval- Form A (see Appendix). and by the necessary evidence to show that the plan does not require approval;
3.1.2 File, by delivery or registered mail, postage prepaid, a notice with the Town Clerk stating the date of submission for such determination and accompanied by a copy of said application and plan. If the notice is given by delivery, the Town Clerk shall, if requested, give a written receipt therefor;
3.1.3 Submit with the application an original drawing of the plan, in a form described in Section 3.2 with four (4) contact prints; one print shall be retained in the files of the Board, one print each shall be submitted by the Board to the Town Clerk and the Town Assessor and Building Inspector.
3.1.4 A filing fee shall be submitted to cover administrative costs. Such fee shall be Fifty Dollars ($50.00) for each new lot or parcel created or for changing any property lines.
The plan shall be legibly drawn in accordance with the rules and regulations of the Register of Deeds or Land Court Manual of Instructions, as amended, and shall bear the original seal and signature of the professional land surveyor preparing the plan and shall contain the following information:
3.2.1 A title block, in the lower right corner, identifying the location of the land shown, the name of the owner of record and address, date and scale of the plan, and the name and address of the firm or individual preparing the plan;
3.2.2 The statement, "Approval under the Subdivision Control Law Not Required" and sufficient space for the date and signatures of all members of the Board together with a notation, below the signature block, that "The Planning Board's endorsement of the plan as not requiring approval under the Subdivision Control Law does not give lots or parcels any standing under the Protective Zoning By-law of the Town of Ipswich":
3.2.3 Zoning and Water Supply District classifications and location of any zoning district boundaries that may lie within the locus of the plan;
3.2.4 Reference to any-decisions by the Zoning Board of Appeals, Board of Selectmen and/or-Planning Board including, but not limited to, variances, special permits, or exceptions regarding the land or any structures thereon;
3.2.5 A locus map drawn at a scale of 1"=1000', or such other scale acceptable to the Planning Board, and located in the upper right corner of the plan;
3.2.6 Location and names of all abutters as they appear on the most recent tax list(s) including those in adjoining communities;
3.2.7 Location, names, status (private or public), and widths of pavement and right-of-way of all streets and ways shown on the plan and notation if any streets are designated as "scenic roads" under M.G.L. C.40, S. 15-C;
3.2.8 Bearings and distances or curve data of all street lines, ways, easements and lot lines shall be shown on the plan and location of all permanent bounds identified as existing or proposed. Bearings and distances to a minimum of two (2) existing permanent bounds shall also be shown;
3.2.9 The lot number and area of each lot and easement in square feet and in acres, if over one acre. The units of acres shall be rounded to a minimum of three (3) decimal places;
3.2.10 The total frontage of each lot and the total lot width, measured at the front setback line, for each lot;
3.2.11 The entire land area in which the division takes place shall be shown including all parcels affected by an increase or decrease in frontage, lot width, and area, which also includes the remaining land, if any, owned by the applicant,
3.2.12 Any lot(s) or parcels not meeting the minimum frontage, lot width or lot area in accordance with the requirements for the zoning district in which the lot(s) or parcels is situated, shall be designated as "Not a Building Lot";
3.2.13 Location of all known existing structures, both above and below ground, including but not limited to, buildings, wells, septic systems, cisterns, and cesspools, systems on the lot(s) or parcels including all required setback dimensions;
3.2.14 Location of all stone walls, fences, cart paths, drives, trails, streams, brooks, and water bodies bounding or crossing any of the parcels or lots shown on the plan;
3.2.15 Location of all significant trees over twelve inches in caliper within or along the right-of-way of a "scenic road", and over six in inches in caliper in those areas subject to disturbance, such as for driveways, within or along the right-of-way of a "scenic road", shall be shown;
3.2.16 References to all deeds and plans of record used to establish the property lines of the lot(s) or parcels and of the streets, ways and easements shown on the plan, including deed references to abutting lots;w
3.2.17 The north arrow shall be clearly marked and identified as to whether it is magnetic or true north or referenced to a recorded plan and so stated;
3.2.18 Evidence that each lot on the plans, and/or any lot altered by the plan:
3.2.18.1 has frontage on a way which in the reasonable judgement of the Board has sufficient width, suitable grades and adequate construction to provide for the needs of the vehicular traffic created by or resulting from the proposed use(s) of the land abutting thereon or served thereby and for the installation of municipal services to such lot(s) and the buildings located on or to be constructed on such lot(s); and
3.2.18.2 which complies with one of the following four criteria:
a.) has all the frontage required under the Protective Zoning By-law on:
i.) a public way; or ii.) a way which the Town Clerk certifies is maintained and used as a public way; or iii.) a way shown on a plan already approved and endorsed by the Board; or iv.) a way existing before the date on which subdivision control was adopted in the Town; or
v.) a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the date on which subdivision control was adopted in the Town; or
b.) has been clearly marked on the plan to be either:
i.) joined to and made part of an adjacent existing lot; or
c.) contains a building which existed prior to the date on which subdivision control was adopted in the Town; or
d.) constitutes an existing parcel with no new lot division. If the lot is not being subdivided and does not contain frontage on a way, as specified above, the lot shall be clearly marked on the plan that it is "Not a Building Lot."
In determining whether each and every lot shown on the plan has adequate frontage, the Board will determine first, whether the lot directly abuts a public or private way and second, whether the lot has direct, practical access from the abutting way.
3.3.1 In determining whether an existing way is adequate to qualify a plan as not constituting a subdivision, the Board may consider the following conditions, among others:
a. Does the existing horizontal and vertical alignment of the traveled way provide safe visibility?
b. Is the right-of-way at least forty feet (40') wide and of reasonable horizontal alignment?
c. Is the traveled way constructed at least eighteen feet (18') wide, with at least eight inches (8") depth of gravel, and with adequate provisions for drainage?
d. If the road could ever serve six (6) or more buildings and/or lots, is it bituminous surfaced or have provisions been made for such surfacing without cost to the Town?
e. Have provisions been made for public utilities without cost to the Town?
If the Board finds that the plan does not require approval, it shall forthwith, without a public hearing, endorse the plan under the words "Approval Under Subdivision Control Law Not Required". The Board may add to such endorsement a statement of the reason approval is not required. The plan will be returned to the applicant and the Board shall notify the Town Clerk of its action.
If the Board determines that the plan does require approval under the Subdivision control Law, it shall, within twenty-one (21) days of the submission of said plan, provide written notice of its determination to the applicant and return the plan. The Board shall also notify the Town Clerk of its action.
If the Board fails to act upon a plan submitted under this section within twenty-one (21) days after its submission, it shall be deemed to have found that approval under the Subdivision Control Law is not required.
