A. BASIC REQUIREMENTS
No person shall make a subdivision within the meaning of the Subdivision Control Law of any land within the Town of Lenox, or proceed with the plotting, improvement, sale of lots in a subdivision, or the construction of ways, or the installation of Town Services therein, unless and until a Definitive Plan has been submitted, approved, and endorsed by the Planning Board as hereinafter provided.
The provisions of these regulations shall be the minimum requirements adopted for the promotion of health, safety and welfare of the people of the Town of Lenox. These regulations are not intended to repeal, abrogate, annul, or in any manner interfere with any existing laws, covenants, or rules. It is provided, however, where these regulations impose a greater restriction than is required by such existing laws, covenants, or rules, that the provision of these regulations shall govern.
1. APPLICANT: shall include an owner or his agent or representative, or his assigns.
2. BOARD: The Planning Board of the Town of Lenox.
3. DEFINITIVE PLAN: The final map, drawings, and all required supporting data upon which the subdivider's plan of a subdivision is presented to the Planning Board for approval, and which plan, if approved, will be submitted by the applicant to the Registry of Deeds or Land Court for recording.
4. EASEMENT: A right acquired by public authority or other person to use or control property for a utility or other designated public or private purposes.
5. GENERAL LAWS (Abbreviated G.L.): The General Laws of Massachusetts; in case of rearrangement of the General Laws, any citation of particular sections of the General Laws shall be applicable to the corresponding sections in the new codification.
6. IMPACT STATEMENT (IS): A documented, written analysis of a proposed subdivision which provides the Planning Board and its agents with information necessary for plan review. Prepared by the applicant, an IS shall follow the format presented in Appendix A.
7. LOT: An area of land in one ownership or one leasehold with ascertainable boundaries established by deed or deeds of record, or a segment of land ownership defined by lot boundary lines on a land division plan duly recorded, said plan having been either approved by the Planning Board under the Subdivision Control Law, or endorsed by the Planning Board “Approval under the Subdivision Control Law not Required.”
8. LOT FRONTAGE: The straight line distance between the side lot lines at the street line.
9. LOT WIDTH: The width of a lot, measured at the street building setback line, measured parallel to the lot frontage.
10. PRELIMINARY PLAN: A Plan or Plans of a proposed subdivision and all the required supporting data indicating the proposed manner of layout of the subdivision to be submitted to the Planning Board for its consideration. (See Section 81-L, Chapter 41, G. L., Ter. Ed.)
11. RIGHT-OF-WAY: the width, between property lines, of a street, alley, crosswalk, or easement.
12. SCREENING: A screen shall consist of one of the following: (a) Plant materials, at least three feet in height at the time of planting, which are of a type that may be expected to form a year-round dense screen and will reach a height in maturity of at least five feet. A screen of this type shall not be higher than eight feet. (b) A masonry wall or a wooden or fabricated fence from five to six feet in height, at least fifty percent solid, designed in an attractive manner to obscure any view. (c) Any existing growth of trees and shrubs if in the judgement of the Planning Board such growth provides equivalent screening.
13. STREET: A public or private way for vehicular and pedestrian traffic and utilities, included within a Right of Way.
The division of a tract of land into two or more lots including re-subdivision, and, when appropriate to the context, relating 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 a frontage on
(a) a public way, or a way which the Town Clerk certifies is maintained and used as a public way, or
(b) a way shown on a plan previously approved and endorsed in accordance with the Subdivision Control Law, or
(c) a way in existence when the subdivision Control Law became effective in the town having, in the opinion of the 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 the buildings erected or to be erected thereon. Such frontage shall be of at least such distance as is then required by the Lenox Zoning By-Law for erection of a building on such lot. Conveyances or other instruments adding to, taking away from, or changing the size and shape of, lots in such manner as not to leave any lot so affected without the frontage above set forth, or the division of a tract of land on which two or more buildings were standing when the Subdivision Control Law went into effect in the town into separate lots on each of which one of such buildings remains standing, shall not constitute a subdivision.
The following application fees shall be paid at the time of filing of subdivision applications:
1. ANR/Form A: $125 per plan
2. Preliminary Subdivision Plan: $350 plus $50 per lot
3. Definitive Subdivision Plan: $500 plus $75 per lot
4. Definitive Subdivision Plan if no Preliminary Plan: $1,000 plus $150 per lot
5. Amendment to a Definitive Subdivision Plan: $350 plus $50 per affected lot
6. Subdivisions with dedicated affordable housing: The per lot fee for each dedicated affordable housing lot shall be waived.