No subdivision of any land, improvement or sale of lots in a
subdivision, or construction of streets or installation of municipal
utilities therein shall be permitted unless and until a definitive
plan of such subdivision has been submitted to and approved by the
Board under the provisions of these regulations.
Unless otherwise provided for in the Town of North Andover Zoning
Bylaw or in the MGL Chapters 40A and 41 through 81, no more than one
building designed or available for use for dwelling purposes shall
be erected or placed or converted to use as such on any lot in a subdivision,
or elsewhere in the Town, without the consent of the Board. Such consent
may be conditioned upon the providing of adequate ways, furnishing
access to each site for each such building, in the same manner as
otherwise required for lots within a subdivision.
No land shall be subdivided unless it is of such character that
it can be used for building purposes without danger to the public
health and safety. No land shall be subdivided unless the subdivision
plan shall provide means of drainage and sanitary sewage disposal
adequate in the opinion of the Board to fully protect the public health.
Each subdivision plan shall make such provision for water supply,
stormwater drainage, surface water drainage, sanitary sewage disposal,
fire hydrants, utilities, curbs, sidewalks and other improvements
as in the opinion of the Board are proper and adequate for the particular
subdivision, and in places deemed proper by the Board, open spaces
for parks and playgrounds shall be provided.
Streets in each subdivision shall be laid out to provide for
continuation of the principal streets adjoining or entering the subdivision,
especially in regard to safe intersections with such streets, and
so arranged and of such widths as to provide an adequate and convenient
system for present and potential traffic needs, and for the proper
projection of streets as laid out in the proposed subdivision into
adjoining land, on which there are no existing streets. Street names
shall be assigned to proposed streets in a manner to avoid confusion
with the Town's existing streets.
A.
Required improvements. Where the street system within a subdivision
does not connect with or have, in the opinion of the Board, adequate
access from a Town, county or state (public) way, the Board may require,
as a condition of approval of a plan, that such adequate access be
provided by the applicant, and/or that the applicant make physical
improvements to and within such a way of access, from the boundary
of the subdivision to a Town, county or state way.
B.
Dedication of land to widen right-of-way. Where the physical condition
or width of a public way from which a subdivision has its access is
considered by the Board to be inadequate to carry the traffic expected
to be generated by such subdivision, the Board may require the applicant
to dedicate a strip of land for the purpose of widening the abutting
public way to a width at least commensurate with that required within
the subdivision, and to make physical improvements to and within such
public way to the same standards required within the subdivision.
Any such dedication of land for the purpose of a public way and any
such work performed within such public way shall be made only with
permission of the governmental agency having jurisdiction over such
way, and all costs of any such widening or construction shall be paid
by the applicant.
The recording of a plan of subdivision within the Town at the
Registry of Deeds or the Land Court prior to the effective date of
the Subdivision Control Law in the Town of North Andover (February
18, 1954) shall not exempt the land within such subdivision from the
application and operation of these rules and regulations, except as
specifically exempted in MGL c. 41, § 81.
A.
Failure to comply. Failure to comply with the provisions of these
rules and regulations Governing the Subdivision of Land in North Andover,
Massachusetts, shall be reason for denial of a subdivision filed thereunder.
B.
Waiver of specific rules and regulations.
(1)
Pursuant to MGL c. 41, § 81R, the Board may waive
strict compliance with these rules and regulations in any particular
case where such action is in the public interest and not inconsistent
with the intent and purpose of the Subdivision Control Law. A waiver
shall be approved only by a motion which gives reasons why the waiver
is appropriate, and which motion shall be supported by a majority
of the members of the Board. The Board may make its approval of a
waiver conditional upon certain requirements for the proposed subdivision.
(2)
If the applicant wants certain requirements waived for a plan
submitted pursuant to these rules and regulations, the request for
waiver shall be submitted together with the application. The request
for waiver shall state the particular rule and regulation for which
a waiver is requested and give the justification for the waiver.
(3)
If the Board fails to be able to make the findings to grant
a waiver, the waiver request shall be considered denied.
(4)
If no waiver request is submitted, the noncompliance with these
rules and regulations may provide the basis for determining that the
application is not a proper submittal or that it should be denied.
C.
Waiver of a submission requirement. Where an applicant requests the
waiver of a filing or submission requirement, the Board must make
the finding that the waived requirement is not in violation of state
law nor impairs the ability of the Board or other Town boards and
officials to understand the nature and impacts of the proposed plan.
In addition, the Board must find that the waived requirement would
not impair the ability of the Board to process the application. Where
a waiver request from a filing or submittal requirement is not granted,
the application may be deemed an improper submittal and the application
denied on that basis. Alternatively, the Board may grant the applicant's
request for an extension in order to submit the required material
and circulate it to other boards.
D.
Waiver of a development standard.
(1)
Where an applicant requests the waiver of a development standard
and the applicant will not withdraw the waiver request, the Board
must make the finding that the waived requirement will not impair
the functioning, long-term maintenance nor appearance of the future
development of the land shown on the plan. The waived requirement
must not result in an adverse impact for the areas adjacent to the
land shown on the plan, and must be consistent with the Board's development
objectives.
(2)
Where a waiver request for a development standard is not granted,
that rule or regulation must be used as the basis for denial of the
application or the imposition of a conditional approval.
E.
Modification after approval of subdivision. Waivers may not be granted
after the approval of a subdivision without a subdivision modification.
Any and all deviations from the approved, endorsed and recorded subdivision
plans shall require a modification to a subdivision plan to be filed
in accordance with MGL c. 41, § 81U.
A.
Minimum requirements. The provisions of these regulations shall be
held to be the minimum requirements for the promotion of the public
health, safety and general welfare.
B.
More restrictive standard to apply. These regulations are not intended
to interfere with, abrogate or annul any other bylaw, regulation,
statute, or other provision of law. If any provision of these regulations
imposes restrictions different from those imposed by any other provision
of these regulations or any other regulation, bylaw or other provision
of law, whichever provision is more restrictive or imposes a higher
standard shall apply.
C.
Severability. If any part or provision of these regulations, or if
application of any part or provision of these regulations to any particular
circumstances, is adjudged to be invalid by any court of competent
jurisdiction, such judgment shall not affect or impair the validity
of the remainder of these regulations or the application of the remainder
of these regulations as a whole to other circumstances.
Upon adoption of these regulations, the Rules and Regulations
Governing the Subdivision of Land in North Andover, Massachusetts
adopted in February of 1989, as amended, are hereby repealed [except
to such section(s) expressly described in MGL c. 41, § 81].
The Board may from time to time amend these regulations. The
Board, in the manner described in MGL c. 41, § 81Q, shall
hold public hearings on all proposed amendments.
A.
Before the Board may act on an application filed pursuant to these
rules and regulations, the Board shall first determine whether the
submitted application is complete and properly submitted.
B.
If an application is determined to be an improper submittal, it shall
be denied without need of a public hearing but with prior written
notice to the applicant that the Board will be considering whether
the application is a proper submittal. A determination that an application
is not a proper submittal shall be filed with the Town Clerk within
14 days following the vote of the Board.
C.
For purposes of clarification, "substantially incomplete" plans can
be defined as lacking critical information and/or entire sections
of the subdivision regulations that would be cause for a staff member
to not have sufficient information to determine compliance with, or
meeting the requirements of, the subdivision regulations. Not including
a drainage analysis when required is "substantially incomplete."
When the applicant does not own the property shown in a plan
filed with an application pursuant to these rules and regulations,
the applicant shall state the nature of his or her interest in the
property and shall submit the written consent of the property owner
by having the property owner appropriately endorse the application
for plan approval. An application made by someone other than the property
owner shall not be considered a proper submittal unless the consent
of the property owner has been submitted. Where the owner is a corporation,
corporate documents must be submitted indicating who has signing authority
to enter into agreements on behalf of the corporation.
An applicant may withdraw a submitted plan by filing with the
Planning Board and the Town Clerk a written request for withdrawal
(see Form R for sample language[1]). If the request is filed before public notice is given
in the case of a definitive subdivision plan or before a preliminary
subdivision plan is shown on a Planning Board agenda, the withdrawal
request does not require Planning Board approval. If the withdrawal
request is submitted later, Planning Board approval by a majority
vote is required.
[1]
Editor's Note: Form R is on file in the Town offices.
A.
An applicant may request an extension to the statutory limits for
the Planning Board to take action on an application in order to provide
additional time to discuss issues related to an application filed
pursuant to these rules and regulations. The request shall be made
in writing on Form S,[1] giving a description of the application and plan, the
date of filing, the statutory deadline for action, any previously
approved extensions, the length of the requested extension, and the
proposed date for final action.
[1]
Editor's Note: Form S is on file in the Town offices.
B.
A copy of the request for an extension, once approved, shall be filed
with the Town Clerk.
