Under the authority vested in the Planning Board of the Town
of North Andover by Section 81Q of Chapter 41 of the General Laws,
said Board hereby adopts these rules and regulations governing the
subdivision of land in the Town of North Andover.
A.
The North Andover Planning Board is authorized under the General
Laws of Massachusetts to regulate the laying out and construction
of ways in subdivisions to ensure the safety, convenience and welfare
of the present and future inhabitants of North Andover. The Board
shall exercise its authority with due regard for provision of adequate
access to all of the lots in the subdivision by ways that will be
safe and convenient for travel; for lessening congestion in such ways
and in the adjacent public ways; for reducing danger to life and limb
in the operation of motor vehicles; for securing safety in the case
of fire, flood, panic and other emergencies; for ensuring compliance
with applicable provisions of the North Andover Zoning Bylaw;[1] for securing adequate provisions for water, sewerage,
drainage, underground utility service, police and fire protection
and other requirements where necessary in a subdivision; for coordinating
the ways in a subdivision with each other and with the public ways
in neighboring subdivisions.
B.
In considering a proposed subdivision, the Planning Board shall solicit
the opinions of other Town boards, committees, commissions and officials
as they pertain to the activity of the subdivision. The Board may
also solicit the opinion of technical experts employed by the Board
for the purposes of providing specialized technical review to the
Board.
In constructing these regulations, the definitions in Section
81L of Chapter 41 of the General Laws shall apply. In addition, the
following other terms and words are defined:
American Association of State and Highway Transportation
Officials.
A person applying for the approval of a plan under these
regulations, including an owner, agent, representative or assigns
of the owner. The applicant's agent and/or representative shall obtain
and submit to the Board written authorization from the owner of record.
A final as-built plan prepared by a registered professional civil engineer and a land surveyor showing the as-built information required in § 255-5.14.
An interim as-built plan shall include the following information:
The location and elevations of all underground drainage, sewer
and water pipes, with sizes, inverts, valves and service connections
to lots;
Utilities, including electric, telephone, fire alarm, and cable
transmission lines and any roadway crossings;
All detention/retention basins;
All roadway center line locations; and
Width and roadway grades on pavement.
That person or persons of the Planning Board staff to whom the
Planning Board has delegated authority:
To receive from applicants, on behalf of the Board, plans and
documents and instruments submitted or filed with the Board under
the Subdivision Control Law and under these rules and regulations
and to place thereon the Board's stamp showing date of submission
or filing, as the case may be;
To file on behalf of the Board in the Town Clerk's office, and
record in the Essex North Registry of Deeds, plans and documents the
subject of proceedings before it;
To give and publish notice on the Board's behalf all, in each
such case, as may from time to time be required by the Subdivision
Control Law and by these rules and regulations;
To issue stop-work orders; and
That person or persons authorized by the Planning Board to conduct inspections and review proposed projects in accordance with § 255-5.7A of these regulations.
The level of flooding having a one-percent chance of being
equaled or exceeded in any given year, as designated on the Federal
Insurance Rate Map (FIRM) or, in the absence of such designation,
as may be determined based upon the best available information regarding
flood hazards, including any available United States Geologic Survey,
Natural Resources Conservation Service, and/or the Corps of Engineers
studies.
A permanent physical mark of known elevation. All elevations
shall be based on the National Geodetic Vertical Datum of 1929 (NGVD).
The Town of North Andover Planning Board. A quorum for a
meeting or hearing is three members.
A local, dead-end street with a turnaround at the end.
The date when the plan is delivered at a meeting of the Board
or when sent by registered mail to the Board. If mailed, the date
of mailing shall be deemed the date of submission of the plan. For
the purposes of the Subdivision Control Law and of these rules and
regulations, a plan delivered to the authorized agent of the Planning
Board during regular business hours at its then principal office shall
be deemed delivered at a meeting of the Board.
The control of surface or subsurface water within the tract
of land to be subdivided.
A right in land acquired by public authority or other person
to use or control property for a utility or other designated purpose.
A person registered by the Commonwealth of Massachusetts
to perform professional civil engineering or land surveying services
in accordance with all applicable laws and requirements of such registration.
An area of land in single or consolidated ownership which
contains definite boundaries and ascertainable by a recorded deed
in the Essex County Registry of Deeds office. Areas endorsed by the
Board upon a plan as "Not a Building Lot" or "Not Available for Building
Purposes" shall not be considered lots.
Massachusetts Department of Transportation.
Public utilities furnished by the Town in which a subdivision
is located, such as water, sewerage, and electricity. For the purposes
of these regulations, private utilities, including, but not limited
to gas and community antenna television cabling, shall be considered
municipal services.
The owner of record as shown by the records of the Essex
County South District Registry of Deeds or of the Land Court of the
Commonwealth of Massachusetts.
An individual, or two or more individuals, or a group or
association of individuals, or realty trust, a partnership or a corporation
having common or undivided interests in a tract of land.
Recorded in the Registry of Deeds for Essex County South
District; if registered land is affected, filed with the Recorder
of the Land Court of the Commonwealth of Massachusetts.
The Register of Deeds of the county or district in which
the land in question, or the Town or town in question, is situated,
and, when appropriate, shall include the Recorder of the Land Court.
Registered or certified mail.
A street, designated by MGL c. 40, § 15C, as having
stone walls and trees of significant value within the street right-of-way.
Said street designation shall be by the North Andover Planning Board
and the North Andover Board of Selectmen and shall not include numbered
state roads.
LOCALA street that provides direct access to abutting properties only and carries low volumes of traffic; this category includes culs-de-sac and loop streets.
COLLECTORA street used primarily to connect local streets to arterial streets. It carries moderate volumes of traffic. Less than 25% of the average daily traffic of a collector street is normally attributed to through traffic.
MINOR ARTERIALA street used to provide movement between major arterials, collectors and other minor arterials. It carries relatively high volumes of traffic. At least 25% of the average daily traffic volume is normally attributed to through traffic.
MAJOR ARTERIALA street of regional significance, with high volumes of traffic, used primarily to carry traffic through the Town. It is not intended as a residential street.
A combination of materials requiring a permit to erect, place
or construct to form a configuration and includes, but is not limited
to, stadiums, platforms, radio towers, sheds, storage bins, signs,
swimming pools, and fences.
The division of a tract of land into two or more lots, including
resubdivision, provided that such division shall not be deemed to
constitute a subdivision under the Subdivision Control Law (MGL c.
41, §§ 81K through 81GG) if, at the time it is made,
every lot within the tract so divided has frontage on:
A public way certified by the Town Clerk as being maintained
and used as a public way;
A way shown on a plan theretofore approved and endorsed in accordance
with the Subdivision Control Law; or
A way in existence prior to the date on which the Subdivision Control Law was adopted by the Town, and meeting the standards of the Board as set forth in § 255-3.3.
The power of regulating the subdivision of land granted by
the Subdivision Control Law.
Private or municipal services to be furnished within the
subdivision, including, without limitation, telephone, community access
television, electric light and power, gas lines, sanitary sewers,
storm drains, water mains and appurtenances.
A way which in the judgment of the Board has sufficient width,
suitable grades and adequate construction to provide for the needs
of the vehicular traffic in relation to the existing and proposed
use of land abutting thereon or served thereby and for the installation
of municipal services to such land(s) and/or buildings erected or
to be erected thereon which complies with one of the following criteria:
A way which the Town Clerk certifies is used as and maintained
regularly and consistently as a public way by the Town to the same
extent to which other public ways are maintained by the Town; or
A way shown on a plan previously approved and endorsed by the
Board and recorded at the Registry of Deeds or in the Land Court;
or
A way existing prior to the date on which subdivision control
was adopted by the Town; or
A way shown on a plan of a subdivision recorded at the Registry
of Deeds or at the Land Court prior to the date on which the Town
adopted the Subdivision Control Law.
Those areas subject to protection under the Massachusetts
Wetlands Protection Act (MGL c. 131, § 40) and the North
Andover Wetlands Protection Bylaw and Regulations.[1]
The Zoning Bylaw of the Town of North Andover, adopted at
the Annual Town Meeting of March 13, 1943, and approved by the Attorney
General February 13, 1946, and any and all duly adopted and approved
amendments thereto.[2]
