Amendment ID: S3178-326

Amendment 326

Expedited Lot Subdivision

Mr. Crighton, Ms. Edwards and Ms. Lovely move that the proposed new text be amended by adding the following sections:-

SECTION XX. Section 81L of  Chapter 41, as appearing in the 2024 Official Edition, is hereby amended by inserting the following definition:-

“By-Right Subdivision” in accordance with section 81HH, the division of a lot, tract or parcel of land into 2 or more lots, tracts or parcels where, at the time of division, every lot within the divided lot, tract or parcel has frontage on: (a) a public way or a way which the clerk of the city or town certifies is maintained and used as a public way; (b) a way shown on a plan 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 city or town in which the land lies 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; provided, that any lot, tract or parcel of land shall allow for the installation of municipal services to serve the land and the buildings to be erected thereon; provided further, that the frontage for each created parcel shall be of at least 20 feet, but with a maximum of 50 feet;  provided further, that the maximum lot size for each newly created lot shall not be greater than 10,000 square feet; provided further, that the use of the lots shall be exclusively for residential purposes.

SECTION XX. Section 81P of said chapter 41, as so appearing, is hereby amended by striking

the first sentence and inserting in place thereof the following sentence:-

Any person wishing to cause to be recorded a plan of land situated in a city or town in which the subdivision control law is in effect, who believes that his plan does not require approval under the subdivision control law, including as a by-right subdivision, may submit his plan to the planning board of such city or town in the manner prescribed in section eighty-one T, and, if the board finds that the plan does not require such approval, it shall forthwith, without a public hearing, endorse thereon or cause to be endorsed thereon by a person authorized by it the words ''approval under the subdivision control law not required'' or words of similar import with appropriate name or names signed thereto, and such endorsement shall be conclusive on all persons.

SECTION XX. Section 81T of said chapter 41, as so appearing, is hereby amended by inserting,

in line 2, after the words “approval is not required” the following words:- “including as a by-right subdivision”

SECTION XX. Said chapter 41 is hereby further amended by inserting after section 81GG the

following section:-

Section 81HH. By-right subdivision

For a by-right subdivision on an existing way, the planning board shall take final action and file with the city or town clerk a certificate of such action within 60 days. Failure to take final action and file with the city or town clerk a certificate of such action within 60 days shall be deemed an approval of a by-right subdivision on an existing way.

For a by-right subdivision on a new way, the planning board shall take final action and file with the city or town clerk a certificate of such final action within 90 days. Failure to take final action and file such a certificate within 90 days shall be deemed an approval of a by-right subdivision on a new way.