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SECTION II: GENERAL
Definitions
“Subdivision” shall mean the division of a tract of land into two or more lots and shall include re-subdivision, and when appropriate to the context, shall relate to the process of subdivision of the land or territory subdivided; provided, however, that the division of a tract of land into two or more lots shall not be deemed to constitute a subdivision within the meaning of the subdivision control law, if at the time when it is made, every lot within the tract so divided has frontage on (a) A public way or a way which the clerk of the town certifies is maintained and used in a public way, or (b) a way shown on a plan theretofore approved in accordance with the subdivision control law, or (c) a way in existence when the subdivision control law became effective in the town of Swampscott, having, in the
opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. Such frontage shall be of at least such distance as is currently required by zoning of the Town of Swampscott for erection of a building on such lot.
“Preliminary Plan” shall mean a plan of a proposed subdivision or resubdivision of land drawn on tracing paper, or a print thereof, showing (a) the subdivision name, boundaries, north point, date, scale, legend and title “Preliminary Plan”; (b) the names of the record owner and the applicant and the name of the designer, registered engineer or surveyor; (c) the names of all abutters, as determined from the most recent local tax list (list to be certified by the assessors); (d) the existing and proposed lines of streets, ways, easements and any public areas within the subdivision in a general manner; and the profiles of proposed streets when required by the board; (e) the proposed system of draining, including adjacent existing natural waterways, in a general manner; (f) the boundary lines of proposed lots, with
approximate areas and dimensions; (g) the names, approximate location and widths of adjacent streets; (h) the topography of the land in two foot or other, contour intervals when required by the board.
“Applicant” shall include the owner or his agent, or representative or his assigns. If the applicant is other than the owner, the applicant's name, address, and relationship to the owner shall be clearly stated and written on the plan and application.
Plan Believed Not to Require Approval:
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 his plan does not require approval under the Subdivision Control Law may submit his plan with Abutter's names on said plan and application Form A (see Appendix) to the Planning Board accompanied by the necessary evidence to show that the plan does not require approval. Plan submittal to the Planning Board shall occur at least ten days prior to the meeting at which the plan will be considered. Said person shall file, by delivery or registered mail, a notice with the Town Clerk stating the date of submission for such determination and accompanied by two copies of said application. If the notice is given by delivery, the Town Clerk shall, if requested, sign
a written receipt therefor prepared by the applicant.
If the Planning Board determines that the plan does not require approval, it shall, without a public hearing, endorse forthwith on the plan the words “Approval under the Subdivision Control Law not required”. Said endorsement shall be made by the signatures of at least three (3) members of the Board. Such endorsement shall not necessarily indicate that the plan is in compliance with the Swampscott Zoning By-law. Endorsement by the Planning Board is not a determination as to conformance with zoning regulations.
The Planning 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 Planning Board shall notify the Town Clerk of its action.
If the Planning Board determines that the plan does require approval under the Subdivision Control Law, it will so inform the applicant and return the plan. The Planning Board will also notify the Town Clerk of its action.
If the Planning Board fails to act upon a plan submitted under this section within fourteen days after its submission, it shall be deemed to have determined that approval under the Subdivision Control Law is not required.
The plan filed under this Section II-B shall have all the information that is called for, for Definitive Plans under Section III-B, except that the drawing size may be smaller, if the overall lot area does not warrant a full size sheet.
In the case of the creation of a new lot, the remaining land area and frontage of the land in the ownership of the applicant shall be shown. If the remaining land area is not under the ownership of the applicant, this shall be indicated on the plan, and the name and address of the owner(s) shall be written on the remaining land area(s).
Subdivision
No person shall make a subdivision within the meaning of the Subdivision Control Law of any land within the Town, or proceed with the improvement or sale of lots in a subdivision, or the construction of ways, or the installation of municipal services therein, unless and until a Definitive Plan of such subdivision has been submitted and approved by the Planning Board as hereinafter provided.
No building designed or available for use for dwelling purposes shall be erected or placed or converted to use as such on (a) any lot in a subdivision, or (b) elsewhere in the Town without the consent of the Planing Board and such consent will be conditional upon the providing of adequate ways furnishing access to each building site in the same manner as otherwise required for lots in a subdivision.
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