HomeMy WebLinkAboutCorrespondence - 1679 OSGOOD STREET 10/3/2008 LAW OFFICE OF
STEPHEN J. LENTINE
409 Boston Road
Billerica, MA 01821
(978) 663-8584
fan (978) 6631555
e-mail: steve.tentine@verizon,net
October 3, 2008
Christopher Adams
35 Webster street , # 302
East Boston, MA 02128
Re : Development of Abutting Subdivision
Osgood Street, North Andover
Dear Mr . Adams :
At the request of wiilard D. Perkins, i have conducted
nmited research on the issue of whether or not an abutting
landowner is obligated by law to require that a strip of
land be reserved for use as a street to connect a proposed
subdivision to an abutting piece of land which is not yet
developed. i have concluded that although developers will
sometimes resist this requirement it is within the Planning
Board' s statutory authority under the subdivision control
jaw, M. G. L. chapter 41, Sections 81M and 8!W and may also
be required in a municipality' s Subdivision Rules and
Regulations .
A recent case confirming the above is Pate'-v .
Planning Board of North Andover, 27 Mass . APP. Ct . 4T7
( 1989) . in the Patel case' s ruling, in addition to the
said subdivision control law, the Court relied upon Section
Iv (s) (1 ) (d) of the then North Andover Subdivision Rules and
Regulations which stated, "if adjoining property is not
subdivided but is, in the opinion of the board, suitable
for ultimate development, provision shall be made for
proper projection of streets into such property by
continuing appropriate streets within the subdivision to
the exterior boundary thereof'' (.emphasis added) .
in reviewing the language in North Andover' s current
Subdivision Rules and Regulations the above-quoted language
Christopher Adams
3ctober3, 2008
Page 2 of 2
is very similar to that found in Section 2 . 4 , Continuation
of Principal Streets,
"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"
(emphasis added) .
As such, based on my limited research, I do believe the
Board should require the street in the proposed subdivision
to connect to your land and is arguably mandated to do so
based on said Section 2 . 4 .
One final note of caution, nevertheless, the scope of
my research was limited to 3 hours of billable time and
further research may convince me otherwise, though it is
not likely. Moreover, the version of the North Andover
Subdivision Rules and Regulations available on-line was not
easily readable, and there may be additional language that
I may have missed, although I would again state that it 4 L S
not
likely.
Please give me a call if you have any questions on the
above .
Thank you for your courtesy .
Very t ly yours,
St6phen J. Lentine, Esq.
SJL :pJI_h
cc: Willard D. Perkins, President
Hearthstone Realty Corp .
Rules and Regulations Governing the Subdivision of Land in North Andover,Massachusetts
SECTION ll. GENERAL ADMINISTRATION
2.1 UNAPPROVED SUBDIVISION PROHIBITED
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.
2.2 LIMITATION OF ONE DWELLING ON ANY LOT
Unless otherwise provided for in the Town of North Andover Zoning By-taw or in the Massachusetts General Laws,
Chapters 40A and 41-81, 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.
2.3 PUBLIC HEALTH AND SAFETY"
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, storm water drainage, surface water drainage,
sanitary sewage disposal, fire hydrants, utilities, curbs, sidewalks and other improvements as in the opinion of the
Board is proper and adequate for the particular subdivision,and in places deemed proper by the Board,open spaces
for parks and playgrounds shall be provided.
2.4 CONTINUATION OF PRINCIPAL STREETS
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 from the towns existing streets.
2.5 ADEQUATE ACCESS FROM PUBLIC WAY
2.5.1 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.
2,5.2 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
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Rules and Regulations Governing the Subdivision of Land in North Andover,Massachusetts
6.8.4 Street Geometry:
Street geometry (i.e.. horizontal and vertical alignment)should be selected to achieve both safe vehicular
movement and adequate sight distances for associated design speeds. The design engineer shall
demonstrate conformance to this objective by providing tables of calculations which indicate the resultant
sight distances.
6.8.5 Excess Right-of-Way:
Right of way widths in excess of the standards designated in Tables IA, IB, and IC may be required
whenever, due to anticipated future traffic/loading conditions, additional width is necessary to provide
improved alignment.
6.8.6 Cul.-de-sac-Temporary:
The subdivision design shall provide for continuation of streets between adjacent properties when such
continuation promotes the convenient movement of traffic,effective fire protection and emergency vehicle
access,efficient snow removal service and efficient provision of utilities.
if the adjacent property is undeveloped and a street must be dead-ended temporarily,the right-of-way shall
extend to the property line.
6.8.7 Cul-de-sac-Permanent:
If a street will not extend beyond the subdivision boundaries and its continuation is not required for access
to an adjoining property,the terminus shall not be nearer the subdivision boundary than fifty feet(50'). A
permanent dead-end street shall be provided with a cul-de-sac turnaround in accordance with Section 6.8.1,
Table IA.
6.8.8 Reserve Strips:
Reserve strips prohibiting access to streets or adjoining property shall not be permitted except where, in the
opinion of the Board,such strips shall be in the public interest.
6.8.9 Intersections:
Streets shall be laid out so as to intersect as nearly as possible at right angles,and in no case at less than a
75 degree angle. New intersections at one side of an existing street shall align directly with any existing
intersection at the opposite side of the street whenever feasible. Street intersection jogs with centerline
offsets of less than one hundred and fifty feet(150')shall not be permitted.
Street intersections shall be designed with a flat grade (not greater than 3%)for a distance of at least one
hundred(100')feet as the street approaches each side,as applicable,of any intersecting street.
The minimum sight distances (in both directions) at all intersections of streets shall be the decision sight
distance listed in Section 7 of the MHD Highway Design Manual.
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Rules and Regulations Governing the Subdivision of Land in North Andover,Massachusetts
The hydraulic calculations shall show the following information,as a minimum:
I. Capacity and projected volume of each catch basin or other inlet grate
2. Pipe size calculation
3. Detention/retention pond calculations including outlet structure as applicable
4. Total suspended solid(TSS)removal rates
5. Infiltration calculations as applicable
6. Gutter flow calculations
7. Culvert analysis and calculation as applicable
6.14.10 Detention/Retention Basin Side Slopes:
Basin area side slopes shall be kept as close as possible to natural land contours, i.e. ten percent(10%)or
less wherever possible. A maximum 3:1 side slope shall be constructed for the interior of the basin areas.
For security purposes fencing may be required by the Board. Drainage basins shall be designed to
facilitate access for maintenance vehicles and personnel.
6.14.11 Drainage Easements:
If it is necessary to carry drainage across lots within the subdivision, storm drainage easements shall be
provided. of such width and construction as will be adequate to accommodate the volume and velocity of
the run-off. However,no such easement shall be less than thirty feet(30')in width.
If a proposed drainage system would carry water across land outside the subdivision boundaries to an
approved outfall, appropriate drainage rights shall be secured by the applicant at the applicant's expense,
and shall be referenced on the Definitive Plan.
6.15 WATER FACILITIES
6.15.1 Installation:
The applicant shall be responsible for installing water facilities, including, but not limited to water supply,
pipes,hydrants,hydrant markers,gates,valves, and all other related appurtenances,in accordance with the
Regulations and Master Plan of the Water Department. Any extension of an existing pipe and construction
of new pipes requires approval from the Water Department.Building service pipes and appurtenances from
the system piping to the exterior line of the street right-of-way shall be constructed for each lot unless the
Board of Health has approved individual wells. Said water facilities shall be shown on the definitive plan.
6.15.2 Fire Hydrants:
Fire hydrants shall be required for all a subdivisions. Fire hydrants, with hydrant markers, shall be located
not more than five hundred feet(500')apart; shall be approved, in writing, as to location by the Fire Chief
and the DPW;and shall be shown on the Definitive Plan.
6.15.3 Extensions:
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Rules and Regulations Governing the Subdivision of Land in North Andover..Massachusetts
Reasonable provisions shall be made for extension of the water system and pipes to adjoining property,
including installation of water gates. Appropriate easements may be required.
6.15.4 Additional Alternative System of Water Supply/Fire Protection:
If the municipal water supply is available, but the minimum required flow is not available, in addition to
extending the municipal water system,the applicant shall propose an alternative system for providing water
supply for fire protection.
6.15.5 Municipal Water Supply Not Available:
If the municipal water supply is not available to the subdivision, the applicant shall propose an alternative
method of providing water supply for fire protection.Water for fire fighting may be supplied by natural or
man-made bodies of water. The surface of each pumping access point shall be adequate to support at least
42,000 pound gvw vehicles at all times of the year. Provisions shall be made so that such water suction
points shall be visible and useable in all weather conditions. Each dry hydrant which may be exposed to
damage by vehicular traffic shall be protected by suitable barriers.
6.16 SEWER
6.16.1 Installation:
In the event that the Town sanitary sewer system is located within an existing public way within four
hundred feet (400') measured along the existing public way or proposed roadway of the subdivision, the
applicant shall be responsible for connecting all lots to the sewerage system. Connection to the system
shall require an approval from the DPW,and any other required approvals, including,but not limited to,a
permit for extension of the sewer system issued by the Massachusetts Division of Water Pollution Control.
6.16.2 Sewer Options:
if the applicant is not required to connect to the Town sanitary sewer system,the applicant shall provide an
alternative system for wastewater disposal. The following options are available:
a) install a communal sewage disposal system, the design and construction of which shall be subject to
the approval of the Massachusetts Department of Environmental Protection (DEP), the North
Andover Board of Health and all other necessary review agencies;or
b) provide engineering data in accordance with Title 5.: "Minimum Requirements for the Subsurface
Disposal of Sanitary Sewage" of the Massachusetts Environmental Code and with the Rules and
Regulations for Sewage Disposal Installations as promulgated and amended from time to time by the
Town of North Andover Board of Health (See Appendix V.),to prove to the satisfaction of the Board
and the Board of Health the feasibility of providing private on-lot sewage disposal systems for each
lot. Each on-lot system shall be located in the front yard, wherever practical, to facilitate future
connections to the Town sewerage system.
c) grading for slope requirements for on-site sewage disposal systems shall be totally contained within
the lot upon which such system is proposed. No slope easements onto any adjacent lot or property
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