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 shall submit two copies of his plan and application Form A (see Appendix) to the Planning Board at a regular meeting of the Board accompanied by the necessary evidence to show that the plan does not require approval. Said person shall file, by delivery or certified mail, a notice with the Town Clerk stating the date of submission for such determination and accompanied by a copy of said plan and application. If the notice is given by delivery, the Town Clerk shall, if requested, give a written receipt therefor.
If the Planning Board determines that the plan does not require approval, it shall, without a public hearing and without unnecessary delay, endorse on the plan the words, "Approval Under The Subdivision Control Law Not Required."
The plan will be returned to the applicant, and the Planning Board shall notify the Town Clerk and the building inspector 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 and the building inspector of its action.
If the Board fails to act upon a plan submitted under this section or fails to notify the Clerk of the Town and the person submitting the plan of its action within twenty-one (21) days after its submission, it shall be deemed to have determined that approval under the Subdivision Control Law is not required, and it shall forthwith make such endorsement on said plan, and on its failure to do so forthwith., the Town Clerk shall issue a certificate to the same effect. The plan bearing such endorsement or the plan and such certificate, as the case may be, shall be delivered by the Planning Board, or in case of the certificate, by the Town Clerk, to the person submitting such plan. The Planning Board of a Town which has authorized any person, other than a majority of the Board, to endorse on a plan the approval of the Board or to make any other certificate under the Subdivision Control Law, shall transmit a written statement to the register of deeds and the recorder of the land court, signed by a majority of the Board, giving the name of the person so authorized.
The endorsement under this section may include a statement of the reason approval is not required. (See Section 81-P of Chapter 41, G. L.)