A.
Any person who wishes to cause to be recorded in the Registry of
Deeds or to be filed with the Land Court a plan of land and who believes
that the plan does not require approval under the Subdivision Control
Law shall submit the following documents and plans:
(1)
An original and two copies of a typewritten Form A, Application
for Approval Not Required,[1] time-stamped by the Town Clerk, including a statement
of the basis upon which the applicant claims that approval under the
Subdivision Control Law is not required. One copy of the application
and plan shall be submitted to the Town Clerk.
[1]
Editor's Note: Form A is included as an attachment to this chapter.
The ANR plan shall be legibly drawn in accordance with the rules
and regulations of the Register of Deeds or Land Court Manual of Instructions,
as amended, and shall bear the original seal and signature of the
professional land surveyor preparing the plan. The plan shall be prepared
in accordance with the provisions of 250 CMR 6.00: Land Surveying
Procedures and Standards. The plan shall contain the following information:
A.
A title block, preferably in the lower right corner, identifying
the location of the land shown, the name of the owner of record and
address, date and scale of the plan, and the name and address of the
firm or individual preparing the plan;
B.
The statement "Approval under the Subdivision Control Law Not Required"
and sufficient space for the date and signatures of all members of
the Board together with a notation, below the signature block, that
"The Planning Board's endorsement of the plan as not requiring approval
under the Subdivision Control Law is not a determination as to conformance
with the Town of North Andover Zoning Bylaw and Regulations."
C.
Zoning classifications and location of any zoning district boundaries
that may lie within the locus of the plan;
D.
Reference to any decisions by the Zoning Board of Appeals and/or
Planning Board, including, but not limited to, variances, special
permits, or exceptions regarding the land or any structures thereon.
Notice of any decisions by the Zoning Board of Appeals, including
but not limited to variances and exceptions or special permits regarding
the land or any buildings thereon. If necessary, plans must be signed
by the Board of Appeals prior to the Planning Board signing the plans;
E.
A locus map drawn at a scale of one inch equals 1,000 feet, and which
is preferably located in the upper right corner of the plan. The map
must show at least one intersection of two existing Town roads;
F.
Location and names of all abutters as they appear on the most recent
tax list(s), including those in adjoining communities;
G.
Location, names, status (private or public), and widths of pavement
and right-of-way of all streets and ways shown on the plan and notation
if any streets are designated as "scenic roads" under MGL c. 40, § 15C;
H.
Bearings and distances or curve data of all street lines, ways, easements
and lot lines shall be shown on the plan and location of all permanent
bounds identified as existing or proposed. Bearings and distances
to a minimum of two existing permanent bounds shall also be shown;
I.
The lot number and area of each lot in square feet and in acres,
if over one acre. The units of acres shall be rounded to a minimum
of three decimal places;
K.
The contiguous buildable area of each lot;
L.
The entire land area in which the division takes place shall be shown,
including all parcels affected by an increase or decrease in frontage,
lot width, and area, which also includes the remaining land, if any,
owned by the applicant;
M.
Any lot(s) or parcels not meeting the minimum frontage, lot width
or lot area in accordance with the requirements for the zoning district
in which the lot(s) or parcels are situated shall be designated on
the plan as "Not a Building Lot";
N.
Location of all known existing structures, both above- and below
ground, including, but not limited to, buildings, wells, septic systems,
cisterns, and cesspools, on the lots or parcels;
O.
Location of all streams, brooks, and water bodies bounding any of
the parcels or lots shown on the plan;
P.
Where applicable, the location of all significant trees over six
inches in caliper within or along the right-of-way of roads adjacent
to the lots shall be shown;
Q.
References to all deeds and plans of record used to establish the
property lines of the lot(s) or parcels and of the streets, ways and
easements shown on the plan, including deed references to abutting
lots;
R.
The North arrow shall be clearly marked and identified as to whether
it is magnetic or true north or referenced to a recorded plan and
so stated;
S.
Evidence that each lot on the plans, and/or any lot altered by the
plan:
(1)
Has frontage on 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 and public safety access 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;
(2)
Complies with one of the following four criteria:
(a)
Has all the frontage required under the North Andover Zoning
Bylaw[2] on:
[1]
A public way; or
[2]
A way which the Town Clerk certifies is maintained and used
as a public way; in determining whether a way has been used and maintained
as a public way, the Planning Board shall require that written evidence
from the Town Clerk be submitted by the applicant to substantiate
that the way is under public maintenance and has been in continuous
and substantial use by the general public without permission of the
landowners for at least 20 years. Sporadic use, use by a few persons,
or use by agreement of the abutters shall not suffice; or
[3]
A way in existence when the Subdivision Control Law became effective
in North Andover which the Planning Board finds has sufficient width,
suitable grades, adequate construction to provide for the needs of
vehicular traffic in relation to the proposed use of the land abutting
thereon, and for the installation of municipal services to serve such
land and the existing and future buildings on such land.
(c)
Contains two or more buildings which were existing when the
Subdivision Control Law went into effect in which land lies in separate
lots on each of which one of such buildings remains existing; or
(d)
Constitutes an existing parcel with no new lot division. If
the lot is not being subdivided and does not contain frontage on a
way, as specified above, the lot shall be clearly marked on the plan
that it is "Not a Building Lot."
A.
In determining whether each and every lot shown on the plan has adequate
frontage, the applicant must demonstrate that the lot directly abuts
a public or private way and that the lot has direct, practical access
from the abutting way.
B.
Indicative criteria for determination. In determining whether an
existing way is adequate to qualify a plan as not constituting a subdivision,
the Board may consider the following conditions, among others:
(1)
That the way is paved and adequate to accommodate public safety
access;
(2)
That the way is comparable to other public ways in the area;
(3)
That the way, by virtue of its horizontal and vertical alignment,
provides safe travel.
(4)
When direct access to a lot from the abutting street is not
possible due to nonaccess strips or easements or due to steep grades,
wetland resource areas, watercourses or other physical constraints,
the Planning Board may consider the lot as not having sufficient frontage
to allow a division of land without approval under the Subdivision
Control Law.
A.
If the Board finds that the application is not a proper submittal,
the application shall be denied without prejudice.
B.
If the Board finds that the plan does not require approval, it shall,
without a public hearing, endorse the plan under the words "Approval
Under Subdivision Control Law Not Required." The Board may add to
such endorsement a statement of the reason approval is not required.
The plan will be returned to the applicant and the Board shall notify
the Town Clerk of its action.
C.
If the Board determines that the plan does require approval under
the Subdivision Control Law, it shall, within 21 days of the submission
of said plan, provide written notice of its determination to the applicant
and return the plan. The Board shall also notify the Town Clerk of
its action.
D.
If the Board fails to act upon a plan submitted under this article
within 21 days after its submission, it shall be deemed to have found
that approval under the Subdivision Control Law is not required.
E.
Any other plan which does not meet all of the criteria listed above
shall be deemed a subdivision for purposes of the Subdivision Control
Law.
F.
"Form A" approvals. If lots have been previously approved as plans
not requiring approval, they shall not be submitted as part of a definitive
subdivision plan. If "Form As" are shown on a subdivision plan, and
they have not been previously approved, then such lots shall be considered
as part of the subdivision.
