123 , 126 (2006), citing General Elec. Montachusett MPO Releases Draft FFY 2023 Highway & Transit TIP Amendments #6 for Public Review and Comment The Montachusett Metropolitan Planning Organization (MPO) voted at its regular meeting on July 26, 2023 to release. Planning Board Forms. Nor would such an application of Section 81FF be consistent with its limited purpose of exempting parcels isolated from the remainder of the old subdivision before Subdivision Control Law came into effect. Accordingly, the Board is hereby ORDERED to approve the Definitive Subdivision Plan. It is owned by the Middleton Housing Authority, a separate entity. See 1953 House Doc. See G. L. c. 41, Section 81P. to exempt certain lots from subdivision control under the provisions of [Note 7] As previously noted, street, secondary is defined as a street intersecting one or more minor streets and which, in the opinion of the Board, is used or will be used to carry substantial traffic from such minor street(s) to a major street or community facility, and normally including a shopping center, industrial park, a large subdivision, a group of subdivisions, and any principal circulation street within such developments, or a street which will connect subdivisions. Code, 250-2. Again, the Regulations control. You already receive all suggested Justia Opinion Summary Newsletters. Online Mapping Welcome to the Online Mapping page. See Wendys Old Fashioned Hamburgers of New York, Inc. v. Bd. Id., 9. Each user is limited to a single free trial. Code, 250-9(B)(1)(h). If they cannot obtain the required permissions for their subdivision, they intend to construct the medical office they previously opposed (the medical office proposal). Co. v. Dept of Envtl. [Note 3] Each of the McAuleys nine requests for waivers from the Boards other regulations was unanimously approved by the Board. She continued to refuse even after the McAuleys submitted a certified copy of the court record, based now on her assertion that the variance and special permit had lapsed. The McAuleys disagree with that contention and, in Count II of their amended complaint, seek a G.L. SUBDIVISION OF LAND TOWN OF MIDDLETON, MASSACHUSETTS PLANNING BOARD Application for Approval of a Definitive Plan FORM C (date of filing) (received by) (date)To the Middleton Planning Board: The undersigned, Edit your town of middleton massachusetts form online. City Planner/Planning Board: Andrew Levin (978)538-5783 Email Business Liaison: Christopher Ryder (978)538-5701 Email Community Development & Planning Administrator: Michell Kazlowski (978)538-5772 Email Programs and Services Ct. 25 , 27-28 (2004) (internal citations and quotations omitted). c.40A, 17 appeal from the grant of the variance, special permit and site plan approval for 77 South Main Street was dismissed by final judgment of the Essex Superior Court. If the Section 81FF exemption does not pertain, the central question in the case becomes whether Gates Road has the status of a way within the meaning of G. L. c. 41, Section 81L (see definition of the word "subdivision," cls. [the subdivision control] law went into effect." In all other respects, the plan either complies with the subdivision regulations or the non-conformities expressly have been waived by the Board. R. Civ. The Definitive Subdivision Plan is otherwise compliant. 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It has not been accepted as a public way by town meeting. So far as material, Section 81FF provides that unregistered lots shown on a plan recorded before the Subdivision Control Law became effective in the host community (i.e., an "uncontrolled subdivision") are not exempt from subdivision control unless the lots "had been sold and were held in ownership separate from that of the remainder of the subdivision when . Where the words are plain and unambiguous in their meaning, we view them as conclusive as to legislative intent. Water Dept. Failure to so complete shall automatically rescind approval of the plan. Free trial requires registration and a valid credit card. hb```j eaq4X:5$@Zy,?Q^#L{77\8-`mYv&x6s30Lb T From the fragment of the "uncontrolled subdivision plan" recorded in 1930 the reader can make out ninety-eight small lots, many no more than twenty-five feet wide. The judgment is reversed, and the case is remanded to the Superior Court for: (1) findings as to whether on the date Middleton adopted subdivision control the parcels in issue were part of a larger tract owned by the plaintiffs or their predecessors in title; (2) if so, findings as to the status of Gates Road; [Note 4] and (3) further action consistent with this opinion. Questions of lapse and the like are for the zoning enforcement authorities and review process, not the Clerk, and thus for another day. 801 , 807 (1978). The basis for rejection of the plans by the board was that the parcels shown were not on an accepted way in Middleton, a rejection which would be lawful if no exemption from subdivision control pertains and if supported by the facts. Lewis Drive is unquestionably a minor street one which will be used primarily to provide access to abutting lots and which will not be used for through traffic, Code, 250-2 since the subdivision it would serve is comprised of seven abutting lots, it runs alongside those lots, and it is a dead-end cul-de-sac. ALL PLANNING BOARD APPLICATIONS To begin: Click on "Licenses & Permits" on the Town of Middleton homepage Click on "Online Permitting Portal" Instructions for each type of application can be found here. Middleton, MA (9,800 pop. That fact that a regulation draws lines makes no difference to the analysis. When the McAuleys then went to the Town Clerk for a G.L. App. 177 0 obj <>stream ), is seeking a proactive, community leader, who is committed to organizational excellence, to serve as the next Town Administrator. YP, the YP logo and all other YP marks contained herein are trademarks of YP LLC and/or YP affiliated companies. Also, the Town Clerk is directed to issue the G.L. of Fairhaven v. Dept. 374 , 382-383, 387, 389 (2009). Order Allowing Plaintiffs Motion to Strike Portions of the Affidavit of Robert LaBossiere (Oct. 24, 2010). Trucks and other large vehicles will be relatively rare. Capital Planning Committee; Clean Lake Committee; Commission on Disabilities; Commission on the Status of Women; . Members may serve for no more than three consecutive terms without at least a one-year interval. See also G.L. No. c. 40A, 11 Certificate. As to each parcel the plaintiffs have staked their claim to a Section 81P endorsement on the exemption from subdivision control provided for in G. L. c. 41, Section 81FF, as appearing in St. 1953, c. 674, Section 7. Planning Board ONLINE ALLOWING. See Code 250-1(B) (cited above). of Appeals of Framingham, 382 Mass. The Middleton Planning Department oversees most of the City's development review processes, including land divisions and subdivision plats, rezonings, planned developments, conditional use and special use permits, site plan reviews, variance requests, annexations, and proposed amendments to the zoning, subdivision, and sign . The successful candidate will have a Bachelors degree in a related field (Masters preferred); at least 5 years progressive municipal management and leadership experience, or relevant combination of experience and education. When a statute speaks with clarity to an issue, judicial inquiry into the statutes meaning, in all but the most extraordinary circumstance, is finished. For the reasons set forth below, the McAuleys motion for summary judgment on both counts of their amended complaint is ALLOWED. 1 - Class 3 with 1 year term - Township Committee Member. Composer Perspectives Freeing the Voice No results. 701 , 708 (1984) (court cannot insert words into statute that is clear and unambiguous). The mission of the Planning Division is: To honor and sustain our natural world; To patiently and fairly guide both private and public land-use decisions; To listen to and learn from each individual with respect for their goals, dreams and ideas; and, To continuously strive toward excellence in service and education to the Town. We need not look beyond the words of the statute itself in such a case, even if we recognize a potential unfairness within a statutes clear language or that a statute creates a potential anomaly. Each plan carried a note that it combined lots shown on the 1930 plan. See Costanza & Bertolino, Inc. v. Planning Bd. Present: BROWN, DREBEN, & KASS, JJ. The distance shall be measured from the side lines. Apartment buildings are different. [Note 4] Middleton divides streets into three categories for purposes of subdivision regulation: major, minor, and secondary. The law is clear that this cannot be done. Middleton Town Hall 48 S Main Street Middleton, MA 01949 Department Phone Numbers Town Office Hours Contact Website Administrator Website Content Policy Sumner H. Smith (Michael A. Constantino with him) for the plaintiffs. web pages Street, Plat, Zoning, and other maps are also available. You have been successfully registered in pdfFiller, ATTENTION TO ALL EXHIBITORS Fees Payable to the. The department of housing and community development, the regional planning agency, the planning boards of all abutting cities and towns and nonresident property owners who may not have received notice by mail as specified in this section may grant a waiver of notice or submit an affidavit of actual notice to the city or town clerk prior to town . ", Had the record not included the pertinent plans, that might have been the end of the matter. 344 , 352 (2005) (The duty of the court is to adhere to the very terms of the statute, and not, upon imaginary equitable considerations, to escape from the positive declarations of the text. 330. (1) a laying out by public authority in the manner prescribed by statute; (2) prescription; [or] (3) prior to 1846, a dedication by the owner to public usecoupled withacceptance by the public. Moncy v. Planning Bd. View Manual. Search for other City, Village & Township Government in Middleton on The Real Yellow Pages. 550 , 553 (1976). Uploaded by But they disagree that Orchard Circle is a minor or other type of street within the meaning of the Regulations, and thus disagree that 125 feet or more of separation is required. A minor street is one that provide[s] access to abutting lots and, in contrast to a major street, will not be used for through traffic. Code, 250-2. 374 , 382-383, 387, 389 (2009). Section 81FF was enacted as a curative provision. 246 , 260 (1980). c. 40A, 13. For full functionality of this site it is necessary to enable JavaScript. Administrative Office: Plymouth, NH | Seacoast Office: Portsmouth, NH You will find all sorts of information pertaining to the parks, programs, and events that we provide. Deadline to apply: 02/06/23 Middleton, MA (9,800 pop. You can also download, print, or export forms to your preferred cloud storage service. Once presented with a certified copy of that dismissal, the Clerk was obligated to issue the requested G.L. Neither of those plans shows the boundaries of the old 1930 lots, and each is a perimeter plan of the sort conventionally employed to secure an endorsement under G. L. c. 41, Section 81P. fNnp2'[{e `wwMD(bB,F,E,#_!B6'gd[AaK?OW6wC0j02gjgg0Y* sKh 1b@3B5rAxaT{Xv88b>(% . The 11 certificate has no legal significance beyond certification of the dismissal and is thus purely ministerial. Capture a web page as it appears now for use as a trusted citation in the future. Address: 195 N Main St, Middleton, MA 01949, 97 Tenney St Unit 6, Georgetown, MA 01833, 2350 Turnpike St Ste 8, North Andover, MA 01845. The town is a quintessential New England community, located within a short drive from the north shore and just 23 miles from Boston with its world class medical, educational, and cultural assets. A report of the towns Street List Committee identifies it not as a public or private street or way, but as town property. It is plowed and sanded by the town as either part of a municipal lot (the parking area for the MHA facility) or the entryway to that lot. Whether identified on their previous subdivision plan as a minor road or not, the McAuleys are not estopped from correctly contending that Orchard Circle is a driveway on this plan. COMPREHENSIVE ZONING BYLAW REVIEW & UPDATE. [Note 4] Rather, they say, Orchard Circle is a driveway (for which the required degree of separation is 55 feet) because it serves only a single lot. Ct. at 28. Questions about legal information? No exceptions ought to be made, unless they are found therein; and if there are any inconveniences or hardships growing out of such a construction, it is for the legislature, which is fully competent for that purpose, and not for the court, to apply the proper remedy.) (internal quotations and citations omitted). The abutting property is 77 South Main Street. The McAuleys concede that the distance between Orchard Circle and their proposed Lewis Drive is approximately 100 feet. Ct. 80 , 84-85 (1979); Spalke v. Board of Appeals of Plymouth, 7 Mass. View All. of Billerica, 346 Mass. [W]here to draw the lineis the question in pretty much everything worth arguing in the law. Orchard Circle is not owned by the Town of Middleton. of Boston v. McGrath, 343 Mass. hWmo6+bD Town of Middleton,Ma. Users whose needs exceed these parameters may only access Buzzfile's. Planning Board. It provides relief to good faith purchasers of individual building lots [Note 2]. We think that the case should be remanded to the Superior Court for inquiry into whether the parcels on the date when subdivision control went into effect in Middleton were owned in isolation or were part of the remainder of an old subdivision and, if the latter, whether Gates Road is a way which was "in existence when the subdivision control law became effective in [Middleton], 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." c. 40A, 13, 14, 15, 17. On the undisputed facts, as a matter of law, Orchard Circle is a driveway, not a street. 140 0 obj <> endobj See G.L. Endorsement to this effect was refused by the planning board and from that refusal the plaintiffs appealed. comment. Town of Middleton,Ma A driveway serves a single lot. See also Sturges v. Chilmark, 380 Mass. Join the one in a thousand users that support us financiallyif our library is useful to you, please pitch in. Regulations such as these are interpreted in the same manner as statutes, Framingham Clinic Inc. v. Zoning Bd. The 11 certificate issued by the Clerk has no significance beyond certification of that fact and is thus purely ministerial. [Note 5] Unlike Major, Minor and Secondary streets, Driveway is not specifically defined in the Regulations. [Note 7] But notably absent from that definition is apartment buildings, which is what occupies the lot served by Orchard Circle. April 13, 1981 - June 23, 1981. 7:00 HOURS; 2nd Wed of every month; View the 2023 Calendar (PDF) Fuller Meadow School Press Center; Agendas & Minutes. New driveway cuts need be offset only 55 feet. "lots had been sold and were held in ownership separate from that of the The Planning Board's main roles are to: Regulate the subdivision of land Create and update the Town's Master Plan Review proposed amendments to the Zoning By Law Review applications for certain kinds of Special Permits MA 01921 (978) 887-6000 . Ct. 80 , 83-84 (1979)), The Boards final two arguments are also without merit. The word street is defined in the town s zoning code as [a] public way or a way which the clerk of the Town of Middleton certifies is maintained and used as a public way, or a way shown on a plan approved and endorsed in accordance with the Subdivision Control Law, or a way in existence when the Subdivision Control Law became effective in the . As noted above, the former owners of 75 South Main Street applied for, and obtained, a use variance, special permit and site plan approval to construct a medical office facility on that property. Protection, 429 Mass. P. 56(c); Cassesso v. Commr of Corr., 390 Mass. 677 , 679-680 (1971). About . of Environmental Protection, 455 Mass. Tel: 603.279.0352. The plaintiffs owned two parcels of land on Gates Road in Middleton, the first containing 42,340 square feet and the second 48,600 square feet, for each of which they filed a plan for endorsement that approval under the Subdivision Control Law was not required. Streets entering opposite sides of another street are required to be laid out either directly opposite each other or with a minimum offset of 250 feet between their center lines for major and secondary streets and no less than 125 feet between their center lines for minor streets. of Harwich, 10 Mass. Fill out, edit & sign PDFs on your mobile, We are not affiliated with any brand or entity on this form. Examination of those plans suggests that the stipulation is incomplete. [Note 3] Toothaker v. Planning Bd. The McAuleys filed a G.L. The driveway cut for each lot must be on the frontage of that lot. Code, 250-9(B)(5) (emphasis added). c. 40A, 17 appeal from the granting of the variance, special permit and site plan approval has been dismissed. The property information contained on this site is reflective of the Fiscal Year 2023 committed values. The McAuleys G.L. c. 41, 81M. . See Commissioner of Correction v. Superior Court Dep't of the Trial Court for the County of Worcester, 446 Mass. endstream endobj 141 0 obj <>/Metadata 9 0 R/Pages 138 0 R/StructTreeRoot 16 0 R/Type/Catalog/ViewerPreferences 156 0 R>> endobj 142 0 obj <>/MediaBox[0 0 612 792]/Parent 138 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 143 0 obj <>stream The street proposed for layout in the McAuley subdivision is Lewis Drive, so named at the request of the Middleton Board of Selectmen. Co. of Am., 390 Mass. Reviews There are no reviews yet. MA 01880 (781) 246-6300 | . Minutes are available following approval. See Code 250-1(B) (It is the intent of the Subdivision Control Law that any subdivision plan filed with the Planning Board shall receive the approval of the Planning Board if said plan conforms to the recommendation of the Board of Health and to the rules and regulations of the Planning Board pertaining to the subdivision of land) (emphasis added). App. Here, with respect to both of the McAuleys claims, there are no material factual issues in dispute between the parties and judgment may be entered as a matter of law. See G.L. 703 , 706-707 (1979); Fenn v. Middleborough, 7 Mass. You can also find other Government Offices US on MapQuest The Town provides reasonable accommodations to anyone whose specific disability prevents them from completing an application or participating in this recruitment process. It is uncertain whether the parcels in question were held in isolation from the original 1930 subdivision on the date when Middleton adopted subdivision control or whether they were at that time part of a larger tract remaining from the original subdivision. Draw or type your signature, upload a signature image, or capture it with your digital camera. A sketch of a portion of that plan is attached to this opinion, with two areas shaded. Town Council. The question thus becomes, is Orchard Circle a minor street or a driveway? It does not appear on the list of accepted streets in the town. This included a stipulation "that such lots had been sold and were held in ownership separate from that of the remainder of the subdivision shown on the plan on the date when G. L. [c. 41, Sections 81K-81GG] went into effect in the town of Middleton." Students matriculate to Masconomet Regional School District for grades 7-12.

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