2.05: Changing a Definitive Subdivision Plan Endorsement

1. Purpose and Process. The process of amending a Plan or a Reconsideration will be in accordance with the procedures set forth in 974 CMR 1.00. The process for reviewing engineering adjustments is described in 974 CMR 2.05.

2. Reconsideration of a Decision. The Applicant, an aggrieved person, or a Town may request the DEC reconsider a decision (By-Laws Article IV, Sections C, D, and E and 974 CMR 1.00).

3. Changing a Plan. The determination of whether a proposed change to an Definitive Plan constitutes an insignificant change (an engineering adjustment) or a significant change (an amendment) shall be made by the Director in accordance with 974 CMR 1.00. The process for "amending" a Definitive Plan (as defined in the Unified Development Permit System) is a catch-all for a number of processes known under Massachusetts law as "revocation" (of a Definitive Plan denial), "rescission" (of a Definitive Plan approval), modification, and alteration.
   (a) Engineering Adjustment. If the Director determines that a proposed change is insignificant, the change will be reviewed as an engineering adjustment. An engineering adjustment typically consists of minor corrections to lot lines, a small shift of a street right-of-way layout due to naturally occurring field conditions (such as ledge), and other insignificant adjustments.

   (b) Plan Amendment. If the Director determines that a change is substantial and therefore constitutes a plan amendment, the DEC shall review it. Examples of substantial changes include situations where:

   1. the traffic expected to be generated from the lot is increased to the degree that adjacent roads and intersections may require improvement

   2. the earth removal from the site will be substantially increased over the level previously approved

   3. the grade on any approved collector road is increased over a 5% gradient (except in residential areas where 8% is permitted)

   4. the approved number of sidewalks is reduced

   5. there is a significant reduction in street landscaping.

   (c) The Applicant shall file a request to amend an approved plan in accordance with 974 CMR 1.00.

   (d) Approval of an amendment to the plan may require a change in the performance guarantee.

   (e) No amendment of a Definitive Plan shall affect the lots in a subdivision that have been sold or mortgaged in good faith and for a valuable consideration subsequent to the endorsement of the plan, or any rights appurtenant to the lots, without the consent of the owner of such lots, and of the holder of the mortgage or mortgages, if any, for such land. However, the DEC may amend an endorsed subdivision without the consent of the lot owners and mortgagors, if the DEC makes a finding that the proposed amendments do not affect any lots or rights appurtenant to the lots or when there has been a sale to a single grantee of either the entire parcel of land shown on the subdivision plan or of all the lots not previously released by the DEC.

4. Recordation of an Amendment. No amendment shall take effect until the amended plan and the Certificate of the DEC's vote have been recorded in the Registry of Deeds or for registered land, verified by the Land Court.