Massachusetts General Laws

Mass. Gen. Laws ch. 41, § 81S (2026)

Submission of preliminary plan; approval or disapproval; recording

✓ current as of July 2026

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Section 81S. In the case of a subdivision showing lots in a residential zone, any person, before submitting his definitive plan for approval, may submit to the planning board and to the board of health, a preliminary plan, and shall give written notice to the clerk of such city or town by delivery or by registered mail, postage prepaid, that he has submitted such plan.

In the case of a nonresidential subdivision, any person before submitting his definitive plan for approval shall submit to the planning board and the board of health, a preliminary plan, and shall give notice to the clerk of such city or town by delivery or by registered mail, postage prepaid, that he has submitted such plan.

In either case, if the notice is given by delivery, the city or town clerk shall, if requested, give a written receipt therefor. Within forty-five days after submission of a preliminary plan, each board shall notify the applicant and the clerk of the city or town, by certified mail, either that the plan has been approved, or that the plan has been approved with modifications suggested by the board or agreed upon by the person submitting the plan, or that the plan has been disapproved and in the case of disapproval, the board shall state in detail its reasons therefor. The planning board shall notify the city or town clerk of its approval or disapproval, as the case may be. Except as is otherwise provided, the provisions of the subdivision control law relating to a plan shall not be applicable to a preliminary plan, and no register or deeds shall record a preliminary plan.

Notes of Decisions

Cited in 12 cases, 1963–2009 · leading case: North Landers Corp. v. Plan. Bd. of Falmouth, 416 N.E.2d 934 (Mass. 1981).

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North Landers Corp. v. Plan. Bd. of Falmouth, 416 N.E.2d 934 (Mass. 1981). · cites it 2× “41, § 81U, for revocation of disapproval and the two-step plan presentation process outlined in G. L. c. 41, §§ 81S, 81T, and 81U (amended through St.”

Kitras v. Zoning Adm'r, 453 Mass. 245 (Mass. 2009). “Nonetheless, on June 29, 1999, the plaintiffs submitted preliminary subdivision plans to the planning board and the local board of health by hand delivering the plans to the town clerk pursuant to G. L. c. 41, § 81S. On June 30, 1999, the town approved changes to its zoning…”

Mac-Rich Realty Constr., Inc. v. Plan. Bd., 341 N.E.2d 916 (Mass. App. Ct. 1976). “Following the presentation and discussion of a preliminary plan (see G. L. c. 41, § 81S) in early 1969, the developer submitted a definitive plan which was disapproved by the planning board of Southborough (planning board) by letter dated October 8, 1969.”

Krafchuk v. Plan. Bd. of Ipswich, 453 Mass. 517 (Mass. 2009). “In October, 2001, the Fagans, pursuant to G. L. c. 41, § 81S, 6 submitted to the board a preliminary subdivision plan that depicted seven proposed lots, including several lots of approximately one acre in size.”

Vitale v. Plan. Bd. of Newburyport, 409 N.E.2d 237 (Mass. App. Ct. 1980). “We are left to infer that the plan came to the attention of the board of health in the first instance through the submission of a plan for preliminary approval under G. L. c. 41, § 81S, as amended through St.”

M. DeMatteo Constr. Co. v. Bd. of Appeals, 334 N.E.2d 51 (Mass. App. Ct. 1975). “G. L. c. 41, § 81S. On August 20, 1964, the plaintiff filed a *448 definitive subdivision plan which was disapproved on October 5, 1964.”

K. Hovnanian at Taunton, Inc. v. Plan. Bd., 590 N.E.2d 1172 (Mass. App. Ct. 1992). “The board approved, with modifications, two preliminary subdivision plans submitted by the plaintiff, see G. L. c. 41, § 81S, one on December 17, 1987, and the other on May 19, 1988.”

McCaffrey v. Bd. of Appeals of Ipswich, 343 N.E.2d 154 (Mass. App. Ct. 1976). “919 [1975]) is the failure to file the 1972 plan with the board of health under G. L. c. 41, § 81S. A short answer is that § 81S refers to the submission of a subdivision plan for approval.”

Francesconi v. Plan. Bd. of Wakefield, 187 N.E.2d 807 (Mass. 1963). “G. L. c. 41, § 81S (as amended through *391 St.”

Doliner v. Plan. Bd. of Millis, 212 N.E.2d 460 (Mass. 1965). “by-law in effect at the time of the submission of the preliminary plan while such plan or plans are being processed under the subdivision control law; provided, that the definitive plan is duly submitted within seven months from the date on which the preliminary plan was…”

Wine v. Plan. Bd., 908 N.E.2d 806 (Mass. App. Ct. 2009). “See G. L. c. 41, § 81S. However, an applicant might wish to submit a preliminary plan to test a planning board’s reaction.”

Kilpatrick v. Plan. Bd., 16 Mass. L. Rptr. 436 (Mass. Super. Ct. 2003). “Within foriy-five days after submission of a preliminary plan, each board shall notify the applicant and the clerk of the city or town, by certified mail, either that the plan has been approved, or that the plan has been approved with modifications suggested by the board or…”

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