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.
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.
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.
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). 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.