Approval Not Required Under Subdivision Control (ANR)
Form A, Approval Not Required
A plan showing a division of land in Ashby must be signed by the Planning Board before it can be recorded at the Registry of Deeds. If you intend to create a new building lot the new lot and the remainder of the original lot, if it has a dwelling on it, must meet the minimum zoning requirements for the district in which the lots are located. The dimensional requirements for each district are in the zoning bylaw. If you wish to create a lot which does not meet the minimum zoning requirements for the district it is in you may do so but must note on the plan that the lot is not a building lot. These types of plans are called Approval not Required Under Subdivision Control or ANR plans. We normally handle these at the beginning of each meeting. Most plans are signed immediately. We will need to keep 2 copies of the plan. We are required to act on an ANR plan within 21 days. If you feel you may have to invoke this requirement you should file your plan with the Town Clerk. There is a fee of $100.00 for each plan submitted to the Planning Board and $25.00 for each new lot shown on the plan. Download fillable Form A , fill out, save and print for submission with your plan.
Below are the Subdivision Regulations regarding ANR plans. Your surveyor or engineer probably has a copy of these. If not use the print button on your browser to print them. Follow this link for the complete Subdivision Regulations
2.1 Plan Believed Not to Require Approval
*** ANR submittal requirements ***
2.1.0 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 said plan does not require approval under the Subdivision Control Law shall submit the following to the Planning Board at least 48 hours prior to a regular scheduled Planning Board meeting.
2.1.1 Procedural Requirements
188.8.131.52 One (1) original plan prepared by a registered land surveyor on mylar.
184.108.40.206 Four (4) paper prints.
220.127.116.11 Two (2) completed copies of Form “A”
18.104.22.168 One (1) check or money order made payable to the Town of Ashby in the amount of $100.00 plus $25.00 per new lot.
2.1.2 Drafting Requirements
22.214.171.124 Plan sizes shall be a minimum of eight and one-half inches by eleven inches (8 1/2″ x 11″) and a maximum of twenty-four inches by thirty-six inches (24″ x 36″).
126.96.36.199 Plans being presented for recording shall be on linen or polyester film, single matte with a thickness .004 mils, and must have an opacity so as to allow consistent diazo and microfilm reproduction.
188.8.131.52 All plans shall be prepared using a compatible ink with excellent cohesiveness which will produce a permanent bond and result in a plan with long term durability.
184.108.40.206 Linen or polyester reproductions shall be accepted for recording provided they contain original signatures and comply with the other requirements for the recording of plans.
220.127.116.11 Each plan shall have three quarter inch (3/4″) borders.
18.104.22.168 The minimum letter size on plans presented for recording shall be one-eighth inch (1/8″).
22.214.171.124 Each plan presented for recording shall include a graphic scale, and the scale shall be not less than 1 inch equals 40 feet unless specifically allowed by the Planning Board.
126.96.36.199 Each plan shall have an area reserved to receive Planning Board recitation or contain a surveyors certification as per Chapter 380, Acts. of 1966.
188.8.131.52 Each plan shall have a three and one-half (3 1/2″) square reserved for Registry use.
184.108.40.206 Each Plan must contain a certification clause signed by the preparer stating that he/she has conformed with the rules of the Registers of Deeds in preparing the plan. 2.1.3 Sheet Layout Requirements
220.127.116.11 Each sheet shall include the following items:
18.104.22.168.1 Name of applicant.
22.214.171.124.2 North arrow and bar scale.
126.96.36.199.3 Existing zoning district(s).
188.8.131.52.4 Contest or loci map.
184.108.40.206.5 Legend for miscellaneous items on plan.
220.127.116.11.7 Registered land surveyor’s seal, name, and address.
18.104.22.168.8 Space for the signatures of the Planning Board members and approval date, and a three and one-half inch (3 1/2″) square reserved for Planning Board use.
2.1.4 Plan Requirements
22.214.171.124 All plans shall at a minimum include the following information:
126.96.36.199.1 Names, widths, and exterior lines of any existing ways, public or private, that run through or are adjacent to the parcel being subdivided. Label each way; public or private as appropriate.
188.8.131.52.2 Lines, boundaries, and areas of all lots being subdivided.
184.108.40.206.3 The data necessary to determine the location, bearing, and length of every way line, lot line, and other boundary lines shown on the plan whether straight or curved, sufficient to be reproduced the same on the ground.
220.127.116.11.5 Walks and drives.
18.104.22.168.6 Fences and walls.
22.214.171.124.7 Water bodies and water ways.
126.96.36.199.8 Easements (public and private)
188.8.131.52 In the case of a recombination or a conveyance, the plan shall include the entire parcel being conveyed and the entire parcel to which the land is being conveyed. The plan shall also indicate the area of the parcels before the conveyance and the total area of the parcel after the conveyance.
184.108.40.206.1 In the instances where a parcel which, in itself, is not an acceptable lot under the rules and regulations governing the subdivision of land, is being conveyed to an abutter, a note shall be placed on the plan which shall state that parcel “A” is being combined with parcel “B” so as to create a new, single parcel.
2.1.5 If the Board determines that the plan does not require approval, the Board or its agent shall forthwith without a public hearing endorse on the plan the words “Approval under Subdivision Control Law not Required” or words of similar import. Such endorsement shall not be deemed to constitute any determination of compliance with requirements of the Zoning Ordinance. The original mylar of said plan shall be returned to the applicant.
220.127.116.11 In determining whether an existing way is adequate to qualify a plan as approval not required the Board shall consider the following standards, among others;
A way with the potential to serve one to five lots; Minimum right of way 40 feet Gravel foundation minimum 12 inches Surface Type gravel Surface width, minimum 18 feet Maximum grade 8%
A way with the potential to serve more than five lots; Minimum right of way 40 feet Gravel foundation minimum 12 inches Surface Type bituminous concrete, 3 inches Surface width, minimum 20 feet Maximum grade 8% and adequate provisions have been made for public utilities and drainage
2.1.6 If the Board determines that the plan does require approval under the Subdivision Control Law, it shall forthwith so inform the applicant and return the original mylar of the plan. The Board shall also notify the Town Clerk of its determination.
*** Twenty-one (21) day Review Period ***
2.1.7 If the Planning Board fails to act upon a plan submitted under this section within twenty-one (21) days after its proper submission, it shall be deemed to have determined that approval under Subdivision Control Law is not required.