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HomeMy WebLinkAboutSUBDIVISION CONTROL LAW 1' + Tai�JQRTH.ARUi � 3�ASSJIG$�IiS}3't'TS� JI JEG RULEULATI� FOUR THE`SUB?,FSSIOA AhD APER iAj GZ PsTil CN3 A14D PLAN5 .. f'�TS tD IY,I OtkS , aqua LARI 1943 Section I. C�.L In accordance 'with the provisions of Chapter 4'1, Section SIF of the Gernerc l Laws of the Co m OrMealth .,Of Massachusetts, -*a 4wapOWI the following rules and regulations for the submission and approval of petitions and plans of streets and sub-divisions are herebty,pA pted by.#pe F4�ming Board of the Town of Borth Andover, Massachusetts, by the unaminous consent Of said Board as of Deco., ems 3. 1943. }?itliam A. Russell, Chairman Donald A., Buchan, Seoretarp Attp:`Charles * Trembly Dr, Haid C.'Kay Peter Ritchie Reference may be had to the Laws as set fordo-*b , f further information not covered .by these regulations. Miele 1. DMKI_T_FM AF s; W. S&Mt&# For the purposea .o�f thes s gvlati9wv street shall mean strip of lard of proper vidtho lying beUmen two won Aefisesf Mases dividing said strip from -public or private property on either side of the same, and providing adequate means for the safe passage of pedestrians and vehicles over the same. (b) Sub-divisicns For the purposes of these retmslaticsns a Isuboo,, division shall mean the division of a lot, tract, or parcel of land into two or more lots, sites, or other divisions of laxed.. "Ile 2. UZIMM DOEMLAEMMal A street or , sub-division bsafor* it• "n be approVed-by the Planning Board, shall conform to the regtArenents of the By d.swrs aU Mw Town of North Andover and the Laws of the Cormop.realth of Massaahusefts, applicable thereto. All procedure,. petiti and plans shall camply u3-tJR the provisions of these 'rules and regulations unless waived by #Jas ftaxAfe+r- reasons of topography or other considerations, but in no ease shall such variations apply to the requirements relating,to petitiona,.or plans. SactIon II. MMIMINARY APQUAL OF PLANS A D MILQ The sub-divider or his engineer shall obtain the of preliminary plans and profiles of a street or ewb• division ftw. that Planning Board before proceeding with final plans and profiles. Artigle 1 APPLIaTIONSS Applications for the "Approv l .of Streete and Sub*divisifte shall be made an forms obtainable from the Searetrry of the Planning Board or the Town Clerk. Applications shall be filed with the Sec ' of the Planning Board and shall be accompanied by three (3) black line prints of the preliminary plans and profiles. Artide 2. FRELT RE�CIRarEA'TS• All plans submitted for the prolimi"zy ap?xroval of *A9 Planning Board, shall be prepared by .a registered engineer. or lewd vmrv"w, and shall show the following informations (a) Name of subweivisions proposed' namdo of-streets: seas* andl address of gscer,_ sub-divide! qV engineer. (b) Names of all. obutting ornery of the latest record»: (c) Names preser4t widths' of all elkistS streets connecting with hr ^ or surrounding the proposed sub-division or street and the Proposed width and loosttiOns- of all streets, ways and easements within said sub-division. (d) The approximate dimepgionp, of all ppoposed .lots together with the a see of, &aoh iot withiii VW_sub-div'fsions end the approximate location,of all .exi.atiflg buildings. (e) The proposed method of drainage of the entire tract, showing the approximate location of drain Inlets, culverts, or other. structures together with easements which mar--be requlydd"Por the purpose, , i *svd pn:bli76 ' other, ps�rdzs _br .. Pub):;ita.stress. lie. 'ate;piroposed g�ades of e: ] streets within the sub. :5I*ision by`mea m of a center line W-ofile; said profile shall be in sufficient scope to show proposed connections with surrounding interseeting,streets. T111: _ (h) ThIk oteftll. 43Aeus�ejq '''pr4iminary plans shall conform to one of the•ftllowingi' 20" x 25" a x 40 or 30" x 60" `x'equires it sj rt46 InsteMces, the topography-&- the -entire"tract short it two feed contour intervals. A 92.3 ML`IRRaWTS '0R A PFROM OF PRd �enei , 'prtl i exacts 'or"streets-.ems. iub=AftylOibAp will be",approved`ufiless tbs following planning-requirements are obs-irved. (a) Mi ta.' -All propd9ea 'streets,` if s3oondary or connecting streets within the sub-division, shall be at least forty (40) feet in width; if through streets, st least fifty (50) feet in ;vidthv and if. connecting two seOt1O2%'af_9 Main artery`6r two' arteries, the with of said strest shell be at least e04' tb 'tbe sverage, width of said artery. As far as practicable, all proposed *treats shall be continuous and in alignment with existing streets. M !etreat s+i6itt6d f appr'a" '3`0 t mil throuea to; anothem�,Atra-Let, asibl® eatension'anist`be shown to p nearest proposed or constrCiBted'etreet. Under-Certain conditioas,a turnaround of at- lea-at 90 feet in diameter at the end of a street may be approved. 'Se�tl38' at 4nteSekieasi lit d'fder'streeta. dhsll be.dut.bade to providto-fait radii of not less thafi '15 feet. The protfed.�(Ifti.fidge and method of disposal of surface water must be shown on preliminary plans. Proposed streets showing grades .An excess of A$ for through streets or erterS'as 'jw& to .sjeegs of ,9%'fdr secondary streets; or with grades .off lases than 015% Ishwu not be appftved, Names of proposed streets shall be apnrovmd. by the Board to prareO duplication._ Amar "Mel i$nd st►owa - on any� , P�cad' subrdivision shalt; be of such Character that it tray"be used for building purposes r1thout danger to hea th-: The dimensionb, areasi and general layout of lots within the Proposed sub-division, shall meet all the requirements of the Zoning By4 aw .. of the;Town. of North Andover. > o6►s �plailei iib so=csxled "rasr!ration,strips" rrhicb_.arould Prove t`Yutthe"ektefididn"Or the evelepment pS1T not be approved. 4�i__�__c1,a 4. PRN[,il�Tdy'ARY APRp*or =.v-TS 2 Sid DI9ISlONB Within thirtf-1 0)``d & tiie elate dC diirig the application, the Board shall approve or disapprove the 'prelimine ,VAaq and profiles ±ts'; shall approve them wit$*SMkd�11dU8, -hftAing thersae 1Nf blikages that may be required. y One COPYAMW COPthe preliminary plan and proshall be returned to the aub-divider wit a date and notifioatift of the oardras decision noted thereon. ftellAIDOEY awnsoxalUndioatea o Amrd fjWs that the grovosed plans WA profiles meet its x2g�a1emen&A to the lgxgn� t and depign but oe not gagUU12 itsof v division or in any rev..goWi,I IW2LOto fj= a>>px oval of such items. Segt28 IIL FINAL AYPRQV,�L OCL,. F PALANSs Article 1. GMM Li . Before f in,.l .pm^c tl o� ";rr 1. pl r . -.re' t"ofilas of MUP9n4s. or sub-divisions can be given-by.,the Planning Hoard, the follming re4uiraments must be met by the developer, Thefi lAppro-va of the PJVX B2RZj does acceptance by 'the Town of any s by tied an said a n?UN as BAUS MX. MUtin_a Statq Wjd Tg!M Lam lball have been jMjjA ],th baforgan�v street can beaged. Artc],e 2. FINAL PLAN R�tLiIR�Nz' Following the approval of preliminary plans of a, strost or sub- division by the Planning Board, .and within a period not to exceed si*e16Y, months from the date of said approval; the sub-divider ok his agents shall file with the Secretary of.the Board., finaldrawings -of all plans sad pr files as follows: t (a) The sizes of all final drawings shall conform to one of the following sizes. In overall dimensions, 20" x 25', 25"°x 408, or x '6b". A margin of one (1) inch shall be allowed° on all sides. (b) The following drawings shall be filedt One (1),oritinal drawing on trading cloth Brawn with black . waterproof drawing ink. One (1) black and white print on cloth. - Three (3) black and white prints on papers (c) All plans shall be drawn to the scale of forty (40) foot 16 �e inch, and all profiles shall be drawn havinf a horizontal scale of 40 feet to an inch and a vertital ale of 10 feet to an inch. (d) Final plans and profiles as shitted shall conform with the , aprwoved preliminary plans including all modifications `noted thereon by the Planning Board; acid in addition Lto the reavire ments noted imder '!Preliminary Plpn Requirements'; Section 2, :1`" Article 2, the following items shall be shown. 1. The accurate measured length and direction of all proposed street lines and lot linea with sufficient data shown to calculate the traverse around the entire sub-division or around any blook. or street-within thesame, the-relative envor or closure shall not e0osed one (1) fest in five thousand (SM) .feet. 2. The position .of all permanent boundary monuments ic_%irithin the sub-division and in close proximity to the same, together ;with accurate ties to any such monuments. 3. ";Accurate urate three 'line profiles of all streets withist 'the suta- division showing finished grades of each street at the center line and each side line, and the proposed grade of each curb ;line; together v1ith the elevations of the bottme of`all sills of existing structures within 50 feet of tate street line. An present elevations and grade lines shall be shown in black waterproof ink,; and all proposed aevetions shall be shown in crongs ir*, 611 grades shall be taken at least at 50 feet intervals and must refer to an established Torn Base or Bench mark. 46 A.*x 44, title block shall be pla0in the I&imr'rtght f hand corner of each sheet submitted to the Plannine`'Board for final approval, which shall bear the folloviing in- farcaetis�. , TYPE OF. PLAtr ME OF STAMT OR SUB-DIVISION bener EngineerScale _ --- Address Date_ Signature Application Files NORTH ANDOVER BOARD OF SURVPY in 'kan-ftted' Hearing Da k t r 4 PWOW FT Artiale 3. BOMIDS SSALL. BE SET BEFORE PD!AL APPROVAL: Before the approvfil of final plans a any stir r or sub.-division can ba. givon,.,granite or, rj�; Oreed,- ooncrettr. bow de• shall tie set at all angle all street-.Intersectians and at th$, begihning and,, i5nd of all curves of all streets or I.ys within or bounding tha sub-division. 44 .gmidto.px► .bounds... =eba. , al�t.�:str�3'!-�5 in length, approzlmately 5 inches square in sectionand sha.0bs' in the ground at , the Proper grade, with a, drUl bole in the top of whi.eh shall mark the exact point of an ang4 or interaectiom or the b*Umiing or and of a curve. Before fi tl.,actian�can be taken by the.`Mniiibg Board, a public Bearing shall be held by the Boatd after due notice of the same shall have been gives at least Un.110) ,dWa previous to the date Of said hem ng by publication in a newspaper published in the City of Latirence in each of tTm successive rreoks, the last publication to be at least t". days before the date of said herring. Said advertisement shall ba inserted: by the Secretary Of the Planning Board, but shall be paid. for,by 'the: potitiotier North Andover, Bass..:. MaY A truex-Qmpgi r-i1TTZST JOHN -• ,�' TOWN ERK NORTIi ANDD ,:;lrfAt83� spo _ .4 . ♦ - 1 K J ♦ 6 � ; Fq �Nl y z � �O}C i tl 1 ryry St ' r 1 10H d c1V1ASS. DUTIES OF THE TOWN CLERK in relation to PLANNING, SUBDIVISIOIti CONTROL and ZONING Originally published October 1957 Planning Division Revised July 1961 PLANNING - (Chapter 41, General Laws, Sections 81A-J Inc, ) Only two references to the Town Clerk are found in the Municipal Planning Enabling Legislation. They refer to the Town Clerk as custodian of records and to the duty of the Town Clerk in relation to the Official Map, as follows: _CUSTODIAN OF RECORDS. _A Planning Board"may appoint a custodian of its plans and records, .who may be the city engineer or town clerk. " The appointmentof the Town Clerk as custodian wouldprobabip be with the Town Clerk's consent. Acceptance by the Town Clerk of the appointment as cus- todian does not appear to be mandatory. (Section 81A, Chapter 41, G. L. ) OFFICIAL MAP. Upon the adoption by a town of an Official Map, and upon any change therein or addition thereto, the Town Clerk is required to file with the appropriate Registry of Deeds a certificate of such action and a copy of such map as adopted or as changed or added to. (Section 81E , Chapter 41, G. L,) SUBDIVISION CONTROL (Chapter 41, General Laws, Sections 81K-GG Inc, ) The powers of Subdivision Control are automatically acquired when a town votes to establish a Planning Board under the provisions of Section 81A of Chapter 41, General Laws, unless it votes at that time not *0 accept the provisions of the Subdivision Control Law, in which case it may at a later date vote to accept same, The Town Clerk has several duties in regard to Subdivision Control, as follows,- EFFECTIVE ollows:EFFECTIVE DATE, Subdivision Control does not become effective until the Planning Board has sent to the appropriate Register of Deeds and to the Recorder of the Land Court the following documents: 1, A statement by the Planning Board that the town has accepted the provisions of the Sub- division Control Law and that the Planning Board has adopted rules and regulations as provided in Section 81C of Chapter 41, General Laws. 1 2. A copy of the vote of the town meeting under which the provisions of the Subdivision Control Law were accepted in such town, certified by the Town Clerk, 3, A copy of the Planning Board's rules and regu- lations certified by the Town Clerk. .The vote referred to in items 1 and 2 could be the vote to establish a Plan- ning Board under the provisions of Section 81A of Chapter 41, or it could be a vote to accept the provisions of the Subdivision Control Law, if it had been voted not to accept the provisions of the Subdivisics Control Law at the time of the establishment of the Planning_Board, .It_appears from the wording of the statute tbet it to thedcxby of 11be Planning Board to prepare and submit the documents and that a11:that is required of the Town Clerk is to certify the copy of the vote and the copy of the rules and regulations. PLAN THOUGHT NOT TO REQUIRE APPROVAL. "Any person wishing to cause to be recorded a pan.of land situated in a ,0,.,..town in which the subdivision control laver i$An effect, who believes that his plan does not re- quire approval under the subdivision control law, may submit his plan to the planning board, (Section 81 P, Chapter 41, G. L. Every person submitting a plan to a pladni.ng`boardi for a determination that approval is not required shall give written notice to the Town Clerk by delivery.or registered mail, postage prepaid, that he has submitted such a plan. Such notice shall describe the land to which the plan relates suf- ficiently for identification$ and shall state the date when such plan was submitted and the name and address of the owner of such land and the facts stated in such notice shall be taken by the Town Clerk as true, unless the contrary is made to appear. If the notice is given by delivery, the Torn Clerk shall, if requested. give a written receipt therefor, The Town Clerk should also record the date of receipt of the notice. ,(Section 81T, Chapter 41, G. L.) Following the submission of such a plan, the 'Planning Board has three courses of action, as.follows: . 1. The Planning Board finds that the plan does not require approval as a subdivision and en- dors a s.thereon!approval under the Sub4'vision .Control Law not required".or. words of.similar Import, The Town Clerk is not involved, L The Planning Board determines that, in its opinion the plan requires .approval as,a sub- division and it gives written notice to the Town Clerk and the person submitting the'plan of its determination. Such person may then sub- mit his plan for approval, or within twenty I dales, may appeal to the Superior Court. The To an Clerk should record the date of receipt of the notice from the Planning Board. 3. If the Planning Board fails to act upon a plan within fourteen days of its submission, it shall be deemed to have determined that approval under the Strbdi-As on Control Law is not re- quiredand the Boardis requiredto make such endorsement on !said plan. On its failure to do so the Town Clerk is required to Issue a certificate to this same effect and to deliver the same to the person submitting the plan. PRELIMINARY PLAN. ".Any persons before submitting his definitive plan the board of health fora approval, may submit to the planning board and to e , PP , Y P g a preliminary plan, and shall give written notice to the Clerk of such city or town by delivery or by registered mail, postage prepaid, that he has sub- mitted such a plan. If the notice is given by delivery, the city or town clerk shailp if requested, give a written receipt therefor, within sixty days after submission of a preliminary plan each board shall tentatively approve such preliminary pian with or without modifications suggestedby it or agreedupon by the person submitting the plan or shall disapprove such preliminary plant and, in the case of disapproval,' shall state its reasons then e£or. The plan— ning board shall notify the city or town clerk of its approval or disapproval, as the case maybe. Except as is otherwise expressly provided, the pro- visions of the subdivision control law relating to a plan shall not be applicable to a preliminary plan, and no register of deeds shall record a preUnAnary plan. " (Section 81S of Chapter 41, Gs L.) r The Town Clerk should record the date of the receipt of the . DEFINITIVE PLAN. No person shall make a subdivision of any lancl unless he has first submitted to the planning board a Definitive Plan of such pro- posed subdivision. (Section 810, Chapter 41, G. L. ) Every person submittinga Definitive Plan to the PlanningB©Ar.d' or its approval, shall give written notice to the Town Clerk by delivery or regis- tered mail, postage prepaid, ' that he' has submitted such a plan, Such notice shall describe the land` to which the plan relates sufficiently for identification, and shall state'' the date when such plan was submitted, and the name and address of the owner of such land and the facts stated in such notice shall be taken by the Town Clerk as true, unless the contrary is made to appear. If the notice is given by delivery the Town. Clerk`shall, if requested, give a written receipt therefor. The Town Clerk should also record the date of receipt of the notice. (Section 81T, Chapter 411, G.' .Irl ) u, Following submission of a Definitive Plan to the Planning Board and notice of such submission to the Town Clerk, the Planning Board shall hold a pub- j lic hearing, and is required to act upon the plan within sixty days of the date of its submission. (Sections 81T and 81U, Chapter 41, G. L.) Three courses of action follow: 3 pV4st ifiyl•Ki V..Vf..slot is7WissV7..V�'f� YV O�W _. -. -_ •-• -. - 5 Before a by-law or amendment takes effect it shall also be publishedby the Town Clerk by one or more of the following means: (Section32, Chapter 401 G. L.} 1. Publishing in a town bulletin or pamphlet and posting copies thereof in at least five public places in the town; and if the town is divided into precincts+ posting in one or more public places in each precinct. The Town Clerk should incorporate in his records a copy of such bulletin or pamphlet together with a state•. ment as tb the date and locations of such posting. 2. Publishing at least three times in one or more newspapers, if any, published in the towns otherwise in one or more newspapers pub- lished in the county. The Tow= CI srk should incorporate in his records a copy of the no- tice together with the dates and the names of newspapers used for such publishing. 36 Delivering a copy at every occupied dwelling or apartment in the town, and affidavits of the persons .delivering said copies filed with the Town Clerk, shall be conclusive evidence of proper notice. Said affidavits should be in- corporatedby the Town Clerk in his records. (Section U. Chapter 41, G. L.) ZONING BOARD OF APPEALS. Every such Boardof Appeals "shall cause to be made a detailed record of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and setting forth clearly the reason or reasons for its decisions, and of its other official actions, copies of all of which shall be immediately filed in the office of the city or town clerk and shall be a public record. ..." (Section 185, Chapter 40A, G. L,) It is the duty, therefore, of the Town Clerk to receive and file the records Of the Zoning Board of Appeals, and, being a public record, make them available for perusal by the public. The date of the receipt of the records should be recorded. NOTICE OF APPEAL. Some town by-laws provide that when appealing to the Board of Appeals, the appellant shall file notice of appeal with the Town Clerk and that the Town Clerk shall transmit copies thereof to such officer or board from whose order or decision the appeal is taken and to the Board of Appeals. If the town by-laws so provide, it is the responsibility of the Town Clerk to perform the stated duties. (Section 16, Chapter 40A, G. L. ) 6 A_PPr,AL TO SUPERIOR COURT. "Any person aggrieved by a decision of .the board of appeals, whether or not previously a party to the proceeding, or any municipal officer or board, may appeal to the superior court for`the county in which:he land concerned is situated, by filing bill inequity with- in twenty days after the decision has been filed in the office of the city or town clerk. Notice of the filing with a copy of the bill in equity shall be given to such city or town clerk so as to be received within such twenty days. The bill shall allege that the derision exceeds the authority of the board, and any facts pertinent to that issue, and shall contain a prayer that the decision be annulled. There shall be attached to the bill 'a copy of the de- cision appealed from, bearing the date of filing thereof, certified by the city or town clerk with whom the decision was filed." (Section 21,, Chapter 40A, G. L.) LIMITED.OR CONDITIONAL VARIANCE. "A limited or conditional zoning 7ariance and special permit shall not take effect until the town clerk records in the registry of deeds for the county in which the land is located, a notice certIfied by the chairman or clerk of the board of appeals, containing the name and address of the land owner, identifying the land affected, and stating that a limited or conditional variance or special permit has been granted which is set forth in the decision of the board on file in the office of the clerk of the city or town in which the land is located." (Section 18, Chapter 40A, PROCEDURE FORSUBMISSION OF BY-LAWSAND ALIENDMENTS TO THE ATTORNEY GENERAL (as prepared by that office, with special reference to zoning bywlaws.) 1. All papers must be attested or certified by the Town Clerk, under seal of the town. 2. Only the by-laws themselves and any zoning maps, to be approved by the Attorney General, must be in duplicate. 3. State the date and the manner by which notice of the warrant was to the citizens, and whether the notice complied with the by-law as to said notice. 4. Submit a copy of the warrant. 5. Report the number of votes in the affirmative and the number in negative. 6. State whether or not there was a quorum at the town meeting at which action was taken. 7. In case of a zoning by-law, submit maps in file size (not larger than about 24" x 36"), with proper legend showing the areas of existing zon- ing districts. The cbanges to be made by amendment should be shown in color and be labelled by article number. The map shouldbe attested, under seal, as being the zoning map of the town, 7 s 8. In case of a zoning by-law, furnish a copy of the notice of the public hearing and the date of public hearing by the Planning Board, or, in the absence of a Planning Board, by the Board or Committee autho- rized by Chapter 40A, Section b. 9. If a report of the Planning Board was made, this report should give detailed reasons upon which recommendations are based. It must show that no material amendments were made at the hearing of the proposed by-laws as submitted in the notice to the citizens;it must be signed by the Planning Board; the clerk must certify that they are members of such Board. An informal supplementary reportmay be furnished show- ing reasons for zoning changes. 10. By-laws must be published after approval by the Attorney General. 11. Any by-law should be submitted to the Attorney General promptly after vote of the town and. in any case, not later than one year after such vote. Publication of this document approvedby Bernard Solomon, State Purchasing' Agent, No. 21. f �I 8 r i days, may appeal to the Superior Court. The Town Clerk should record the date of receipt of the notice from the Planning Board, 3, If the Planning Board fails to act upon a plan within fourteen days of its submis sion, it shall be deemed to have determined that approval under the Subdivision Control Law is not re- quiredand the Boardis requiredto make such endorsement on said plan. On its failure to do so the Town Clerk is required to issue a certificate to the same effect and to deliver the same to the person submitting the plan. PRELIMINARY PLAN. "Any person, before submitting his definitive pian for approval, may submit to the planning board and to the board of health, a preliminary plan, and shall give written notice to the cterk of such city or town by delivery or by registered mail, postage prepaid, that he has sub- mitted such a plan. If the notice is given by,delivery, the city or town clerk shall, if requested, give a written receipt therefor, Within sixty days after submission of a preliminary plan each board shall tentatively approve such preliminary plan with or without modifications suggestedby itoragreedupon by the per s on submitting the plan or shall disapprove such preliminary plan, and, in the case of disapproval, shall state its reasons ther e£or. The plan— ning board shall notify the city or town clerk of its approval or disapproval, as the case may be. Except as is otherwise expressly provided, the pro- visions of the subdivision control law relating to a plan shall notbe applicable to a preliminary plan, and no register of deeds shall record a preliminary plan. 11 (Section 81S of Chapter 41, G, La) The Town Clerk should record the date of the receipt of the Dbtkw. DEFINITIVE PLAN. No person shall make asubdivisionoaf any land unless he has first submitted to the planning board a Definitive Plan of such pro- posed subdivision. (Section 810, Chapter 41, G. L.) Every person submitting` a Definitive Plan to the Planning Board for its approval, shall give written notice to the Town Clerk by delivery or regia- tered mail, postage' prepaid, that he has submitted such a plan, Such notice shall describe the land to which the plan relates sufficiently for identification, and shall state the date when such plan was submitted and the name and address of the owner of such land and the facts stated in such notice shall be taken by the Town Clerk as true, unless the contrary is made to appear. If the notice is given by delivery the Town Clerk shall, if requested, give a written receipt therefor, The Town Clerk should also record the date of receipt of the notice. (Section 81T, Chapter 41, G. Following submission of a Definitive Plan to the Planning Board and notice of such submission to the Town Clerk, the Planning Hoard shall hold a pub- lic hearing, and is required to act upon the plan within sixty days of the date of its submission. (Sections 81T and 81U, Chapter 41, G. L.) Three courses of action follow: 3 F to Tl-.c Planning Board approves the planposs:b:Ey with modifications and is required to file a certificate of its action with the Town Clerk, a copy of which.shall be recordedby him in a book kept for the purpose. L The Planning Board disapproves the plan and, as in the case of approval, is requiredto file a certificate of its action with the Town Clerk which shall likewise be recordedby,him. The plan may be amendedand re-submittedand if it then conforms,the certificate of disapproval _. will'be revoked and a certificate of approval ,filed with the Town Clerk.. 3. The Plaxming Board fails to take action within sixty days :of the -submission of tbe.plan. or such further time as maybe agreeddupon at the written request of the applicant. Failure to take such action shall be deemed to be .an ap proval thereof. Notice of such extension of time shallbe filed forthwith by the Planning Board with the Town Clark. _. Incase of such approval by reason cd th® uttc of thm PlexxAng Board to act, (3 above)the Town Clerk shall, after the expiration of twenty days with- out notice of appeal to the Superior Court, or, if appeal has been taken, after receipt of certified records of the Superior Court indicating that such approval has become final, issue a certificate stating the date of the sub- mission of the plan for approval, the fact that the planning board failed to take final action and that the approval resulting from such failure has be- come final. The plan bearing such endorsement on the plan and such car- tificate, as the case may be, shall be delivered by the planning board, or, such plan. (Section,81V, Chapter 410 G. L.) CFRTYFIGATE OF NO A.PPIS.AYL - APPROVED DEFDMTIVE PLAN, "No register of deeds shall record any plan showing a divisi_of a tract of land into two or more lots, and ways, whether existing or proposed, providing access thereto, in a city or town in which the subdivision control law is in force unless (1) such plan bears an endorsement of the planning board of such city or town that such plan has been approved by such planning board, and a certificate by the clerk of such city or town, is endorsed on the plan, or is separately recorded and referred to on said plan, that no notice of appeal was received during the twenty days next after receipt and recording was taken that a final decree has been entered by the court, sustaining the approval of the plan. " (Section 81X, Chapter 41, G. L.) LATE RECORDING. An approved Definitive Plan will not be recorded by the Register of Deeds if more than six months has elapsed since the date the plan was approved, unless the plan is endorsed thereon or accompanied by a certificate that the approval has not been modified. amended or re- scinded, nor the plan changed. Such certificate shall, upon application, be made by the Planning Board or by the Town Clerkuniess the records of said Board or Clerk show that there has been such modification, amendment, rescission or change. (Section 81X. Chapter 41, G. L,) SUBDIVISION CONTROL - BOARD OF APPEALS, Every such Board of Appeals "shall cause to be made a dotailed record of its proceedings, showing the vote of each member upon each question, or, if any member is absent or fails to vote, indicating such fact, and setting forth clearly the reason or reasons for its decisions, and of its other official acts, copies of all of which shall be immediately filed in the office of the town clerk and shall be public records." It is the duty therefore, of the Town Clerkp to receftm and file the records of the Subdivision Control Board of Appeals andbeing ;Mbl records, make them available for perusal by the public. The date of the receipt of the records should be recorded. (Section 81AA, Chapter 41, G. L.) COMPLETION OF CONSTRUCTION OF WAYS, "., .,,.Upon the completion of the construction of ways and the installation of municipal services in ac- cordance with the rules and regulations of the planning board, security for the performance of which was given by bond, deposit or covenant, or upon the performance of any covenant with respect to any lot, the applicant may send by registered mail to the ..;,,.....town clerk a written statement in duplicate that the said construction or installation in connection with which such bond, deposit or covenant has been given has been completed in ac- cordance with said rules and regulations, such statement to conta.m the address.of the applicant, and said clerk shall forthwith furnish a copy of said statement to the Planning Board." It appears to be the duty of the Town Clerk to file one copy of the statement and to forward the oth,,sr copy to the Planning Board. ZONING (Chapter 40A0 General Laws) The Town Clerk has dutiea inregardto the adoption and amendment of Zoning By-Laws and in relation to appeals to the Board of Appeals and appeals to the Superior Court, as follows: ADOPTION AND AMENDMENT OF ZONING BY-LAWS, The adoption or amendment of a zoning by-law, or any town by-law, will not take effect until it has been approved by the Attorney General of the Commonwealth or ninety days have elapsed following its submission without the Attorney Gen- eral's a o by-laws and amendments ppr val. The procedure for submission of bylaw an to the Attorney General will be found on page seven* if ninety days elapse following the date of submis sion of a by-law or amend• P g ment without action by the Attorney4C;enerai, the Town Clerk shall anter in his records a statement that the by-law has become effective by reason of such failure of the Attorney General to act, 5 Bofore a by-law or amendment takes effect it shall also be publishedby the Town Clerk by one or more of the following means: (Section 32, Chapter 40, G. L4 ) 1. Publishing in a town bulletin or pamphlet and posting copies thereof in at least five public places in the town; and if the town is divided into precincts$ posting in one or more public places in each precinct. The Town Clerk should incorporate in his records a copy of such bulletin or pamphlet together with a.state+ ment as to the date and locations of such posting. 2. Publishing at least three times in one or more newspapers, if any$ published in the town, otherwise in one or more newspapers pub- lished in the county. The Town Clark should incorporate in his records a copy of the no- tice together with the dates and the names of newspapers used for such publishing. J. Delivering a copy at every occupied dwelling or apartment in the town, and affidavits of the persons .delivering said copies filed with the Town Clark shall be conclusive evidence of proper notice. Said affidavits should be in• corporatedby the Town Clerk in his records, (Section 320 Chapter 41, G. L.) -ZONING BOARD OF APPEALS. Every such Boardof Appeals "shall cause to be made a detailed record of its proceedings, showing the vote of each member upon eaehquestion, or, if absent or failing to vote, indicating such fact, and setting forth clearly the reason or reasons for its decisions, and of its other official actions$ copies of all of which shall be immediately filed in the office of the city or town clerk and shall be a public record. ...10 (Section 18$ Chapter 40A, G. L.) It is the duty, therefore, of the Town Clerk to receive and file the records of the Zoning Board of Appeals, and, being a public record, make them available for perusal by the public. The date of the receipt of the regards should be recorded. NOTICE OF APPEAL, Some town by-laws provide that when appealing to -the Board of Appeals, the appellant shall file notice of appeal with the Town Clerk and that the Town CAerk shall transmit copies thereof to such officer or board from whose order or decision the appeal is taken and to the Board of Appeals. if the town by-laws so provides it is the responsibility of the Town Clerk to perform the stated duties. (Section 16, Chapter 40A, G. L. ) 6 APPEAL TO SUPERIOR COURT. "Any person aggrieved by a decision of ,the board of appeals, whether or not previously a party to the proceeding, or any municipal officer or board, may appeal to the superior court for`the county in which Alae land concerned is situated, by filing a bill in equity with- in twenty days after the derision has been filed in the office of the city or town clerk. Notice of the filing with a copy of the bill in equity shall be given to suchcity or town clerk soas ~tobereceivedwithin suchtwenty days. The bill shall allege that the decision exceeds the authority of the boards and any facts pertinent to that issue, and shall contain a prayer that the decision be annulled. 'There shall be attached to the bill a copy of the de- cision appealed from, bearing the date of filing thereof, certified by the city, or town clerk with whom the decision was filed," (Section 21s. Chapter 40A, G. L.) LIMITED.OR CONDITIONAL VARIANCE. "A limited or conditional zoning 7ariance and special permit shall not take effect until the town clerk records in the registry of deeds for the county in which the land is located, a notice certWed by the chairman or clerk of the board of appeals, containing the name and addressof the land owner, identifying the land affected, and stating that a limited or conditional variance or special permit has been granted whichis set forth in the decision of the board on file in the office of the clerk of the city or town in which the land is located." (Section 18, Chapter 40A s G. L.) PROCEDURE FOR SUBMISSION OF BY-LAWS AND AMENDMENTS TO THE ATTORNEY GENERAL (as prepared by that offices with special reference to zoning by+.laws.) 1. All papers must be attested or certified by the Town Clerks under seal of the town. Z. Only the by-laws themselves and any zoning maps, to be approved by the Attorney General, must be in duplicate. 3, State the date and the manner by which notice of the warrant was to the citizens, and whether the notice complied with the by-law as to said notice. 4. Submit a copy of the warrant. 5. Report the number of votes in the affirmative and the number in negative. 6. State whether or not there was a quorum at the town meeting at which action was taken. 7. In case of a zoning by-law, submit maps in file size (not larger than about 24" x 36"), with proper legend showing the areas of existing zon- ing districts. The changes to be made by amendment should be shown in color and be labelled by article number. The map should be attested, under seals as being the zoning map of the Wwn. 7 8. In case of a zoning by-law, furnish a copy of the notice of the public hearing and the date of public hearing by the Planning Board, or, in the absence of a Planning Board, by the Board or Committee autho- rised by Chapter 40A, Section 6. 9. If a report of the Planning Board was made, this report should give detailed reasons upon which recommendations are based. It must show that no material amendments were made at the hearing of the proposed by-laws as submittedin the notice to the citizens;it must be signed by the Planning Board; the clerk must certify that they are members of such Board. An informal supplementary reportmay be furnished show- ing reasons for zoning changes. 10. By-laws must be published after approval by the Attorney General, 11. Any by-law should be submitted to the Attorney General promptly after vote of the town and, in any case, not later than one year after such vote. Publication of this document approvedby Bernard Solomon, State Purchasing' Agent, No, 21. 8 JOHN J. LYONS TOV VIN CLERK 's r` NO. ANDOVER, MASS. 3 , 4. DUTIES OF THE TOWN CLERK in relation to PLANNING, SUBDIVISION CONTROL and ZONING By Louis H. Smith and Members of the Staff 334 BOYLSTON STREET BOSTON October 1957 PLANNI14G (Chapter 41, General Laws, Sections 81A-J inc. ) Only two references to the Town Clerk are found in the Municipal Planning Enabling Legislation. They refer to the Town Clerk as custodian of records and to the duty of the Town Clerk in relation to the Official Map, as follows: CUSTODIAN OF RECORDS. A Planning Board "may appoint a custodian of its plans and records, who may be the city engineer or town clerk. " The appointment of the Town Clerk as custodian would probably be with the Town Clerk's consent. Acceptance by the Town Clerk of the appointment as custodian does not appear to be mandatory. (Section 81A, Chapter 41, G. L. ) OFFICIAL MAP. Upon the adoption by a town of an Official Map, and upon 1 any change therein or addition thereto, the Town Clerk is required to file with the appropriate Registry of Deeds a certificate of such action and a copy of such map as adopted or as changed or added to. (Section 81E, Chapter 41, G. L. ) SUBDIVISION CONTROL (Chapter 41, General Laws, Sections 81K-GG inc. ) The powers of Subdivision Control are automatically acquired when a town votes to establish a Planning Board under the provisions of Section 81A of Chapter 41, General Laws, unless it votes at that time not to accept the provisions of the Subdivision Control Law, in which case it may at a later date vote`to accept same. The Town Clerk has several duties in regard to Subdivision Control, as follows: #7-57 w EFFECTIVE DATE. Subdivision Control does not become effective until the Planning Board has sent to the appropriate Register of Deeds and to the Recorder of the Land Court the following documents: 1. A statement by the Planning Board that the town has accepted the provisions of the Subdivision Control Law and that the Planning Board has adopted rules and regulations as provided in Section 81Q of Chapter 41, General Laws. 2. A copy of the vote of the town meeting under which the provisions of the Subdivision Control Law were accepted in such town, certified by the Town Clerk. 3. A copy of the Planning Board's rules and regulations certified by the Planning Board and by the Town Clerk. The vote referred to in items 1 and 2 could be the vote to establish a Planning Board under the provisions of Section 81A of Chapter 41, or it could be a vote to accept the provisions of the Subdivision Control Law, if it had been voted not to accept the provisions of the Subdivision Control Law at the time of the establishment of the Planning Board. It appears from the wording of the statute that it is the duty of the Planning Board to prepare and submit the documents and that all that is required of the Town Clerk is to certify the copy of the vote and the copy of the rules and regulations. A copy of the Planning Board's Rules and Regulations must be kept in the office of the Town Clerk. (Section 8IQ, Chapter 41, G. L. ) SUBMISSION OF PLANS TO PLANNING BOARD. Every person submitting a ;definitive Plan to the Planning Board for its approval, or a plan for a determination that approval is not required shall give written notice to the Town Clerk by delivery or registered r_ ail, postage prepaid, that he has submitted such a plan. Such notice shall describe the land to which the plan relates sufficiently for identification, and shall state the date when such plan was submitted and the name and address of the owner of such land and the facts stated in such notice shall be taken by the Town Clerk as true, unless the contrary is made to appear. If the notice is given by delivery the Town Clerk shall, if requested, give a written receipt therefor. The Town Clerk should also record the date of receipt of the notice. (Section 81T, Chapter 41, G. L. ) _2- PLAN THOUGHT NOT TO REQUIRE APPROVAL. Any person wishing to record a plan of land situated in a town in which the Subdivision Con- trol Law is in effect, who believes that his plan does not require approv- al under the Subdivision Control Law, may submit his planta the Plan- ning Board. (Section 81P, Chapter 41, G. L. ) Three courses of action follow: 1. The Planning Board finds that the plan does not require approval as a subdivision and endorses thereon "approval under the Subdivision Control Law not required" or words of similar import. The Town Clerk is not involved. 2. The Planning Board determines that in its opin- on the plan requires approval as a subdivision and it notifies the Town Clerk and the person submitting the plan of its determination. Such person may then submit his plan for approval, or within fifteen days, may appeal to the Superior Court. The Town Clerk should record the date of receipt of the notice from the Planning Board. 3. If the Planning Board fails to act upon a plan within fourteen days of its submission, it shall be deemed to have determined that approval under the Subdivision Control Law is not re- quired and the Board is required to make such endorsement on said plan. On its failure to do so the Town Clerk is required to issue a. certificate to the same effect and to deliver the same to the person submitting the plan. DEFINITIVE PLAN. Following submission of a Definitive Plan to the Planning Board and notice of such submission to the Town Clerk, the Planning Board shall hold a public hearing, and is required to act upon the plan within forty-five days of the date of its submission. (Sections 81T and 81U, Chapter 41, G. L. ) Three courses of action follow: 1. The Planning Board approves the plan possi- bly with modifications and is required to file a certificate of its action with the Town Clerk, a copy of which shall be recorded by him in a book kept for the purpose. 2. The Planning Board disapproves the plan and, as in the case of approval, is required to file a certificate of its action with the Town Clerk which shall likewise be recorded by him. .3- {Note: If the plan is modified or disapproved, the Planning Board shall state in its certificate the reasons for its action. 3. The Planning Board fails to take action with- in forty-five days of the submission of the plan. Failure to take such action shall be deemed to be an approval thereof. In case of such approval by reason of the failure of the Planning Board to act, (3 above) the Town Clerk shall after the expiration of twenty days without notice of appeal to the Superior Court, or, if appeal has been taken, after receipt of certified records of the Superior Court indicating that such approval has become final, issue a certificate stating the date of the sub- mission of the plan for approval, the fact that the planning board failed to take final action and that the approval resulting from such failure has become final. The plan bearing such endorsement on the plan and such certificate, as the case may be, shall be delivered by the planning board, or. in case of the certificate, by the . . . . . . . . . . town clerk, to the person who submitted such plan. (Section 81V, Chapter 41, G. L. ) LATE RECORDING. An approved Definitive Plan will not be recorded by the Register of Deeds if more than six months has elapsed since the date the plan was approved, unless the plan is endorsed thereon or accompanied by a 1 certificate that the approval has not been modified, amended or rescinded, nor the plan changed. Such certificate shall, upon application, be made by the Planning Board or by the Town Clerk unless the records of said Board or Clerk show that there has been such modification, amendment, rescission or change. (Section 81X, Chapter 41, G. L. ) SUBDIVISION CONTROL - BOARD OF APPEALS. Every such Board of Appeals "shall cause to be made a detailed record of its proceedings, showing the vote of each member upon each question, or, if any member is absent or fails to vote, indicating such fact, and setting forth clearly the reason or reasons for its decisions, and of its other official acts, copies of all of which shall be immediately filed in the office of the town clerk and shall be f public records. " It is the duty therefore, of the Town Clerk to receive and file the records of the Subdivision Control Board of Appeals and being public records, make them available for perusal by the public. The date of the receipt of the records should be recorded. (Section 81AA, Chapter 41, G. L. ) APPEAL TO SUPERIOR COURT. "Any person, whether or not a party to the proceedings, aggrieved by a decision of a board of appeals under Section .,4- l s' s eighty-one Y, or by any decision of a planning board concerning a plan of a subdivision, or by the failure of such a board to take final action concern- ing such a plan within the required time, or any municipal officer or board, may appeal to the superior court sitting in equity for the county in which the land concerned is situated; provided, that such appeal is entered within twenty days after such decision has been recorded in the office of the city or town clerk or within twenty days after the expiration of the required time as afore- said, as the case may be, and notice of such appeal is given to such city or town clerk so as to be received within such twenty days. .. . . .. . . . " The Town Clerk therefore, will receive notice of an appeal to the Superior Court from the person appealing. Such notice should be received within the twenty day period following receipt by the Town Clerk of the notice of decision from which the appeal is being taken. Tha Town Clerk should notify the board or officer from whose decision the appeal is being taken. (Section 81BB, Chapter 41, G. L. ) ZONING (Chapter 40A, General Laws) The Town Clerk has duties in regard to the adoption and amendment of Zoning By-Laws and in relation to appeals to the Board of Appeals and appeals to the Superior Court, as follows: ADOPTION AND AMENDMENT OF ZONING BY-LAWS. The adoption or amend- ment of a zoning by-law, or any town by-law, will not take effect until it has been approved by the Attorney General of the Commonwealth or ninety days have elapsed following its submission without the Attorney General's approval. The procedure for submission of by-laws and amendments to the Attorney General will be found on page T. If ninety days elapse following the date of submission of a by-law or amend- ment without action by the Attorney General, the Town Clerk shall enter in his records a statement that the by-law has become effective by reason of such failure of the Attorney General to act. Before a by-law or amendment takes effect it shall also be published by the Town Clerk by one or more of the following means: (Section 32, Chapter 40, G. L. ) 1. Publishing in a town bulletin or pamphlet and posting copies thereof in atieast five public places in the town; and if the town is divided into precincts, posting in one or more public places in each precinct. The Town Clerk should incorporate in his records a copy of such bulletin or pamphlet together with a statement as to the date and locations of HUCb posting. _5. V V. •1 2. Publishing at least three times in one or more news- papers, if any, published in the town, otherwise in one or more newspapers published in the county. The Town Clerk should incorporate in his records a copy of the notice together with the dates and the names of newspapers used for such publishing. 3. Delivering a copy at every occupied dwelling or apart- ment in the town, and affidavits of the persons deliver- ing said copies filed with the Town Clerk, shall be con- clusive evidence of proper notice. Said affidavits should be incorporated by the Town Clerk in his records. (Section 32, Chapter 41, G. L. ) ZONING BOARD OF APPEALS. Every such Board of Appeals "shall cause to be made a detailed record of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and setting forth clearly the reason or reasons for its decisions, and of its other official actions, copies of all of which shall be immediately filed in the office of the city or town clerk and shall be a public record. . . . . . . . . • • "(Section 18, Chapter 40A, G. L. ) It is the duty therefore, of the Town Clerk to receive and file the records of the Zoning Board of Appeals, and, being a public record, make them available for perusal by the public. The date of the receipt of the records should be re- corded. NOTICE OF APPEAL. Some town by-laws provide that when appealing to the Board of Appeals, the appellant shall file notice of appeal with the Town Clerk and that the Town Clerk shall transmit copies thereof to such officer or board from whose order or decision the appeal is taken and to the Board of Appears. If the town by-laws so provide it is the responsibility of the Town Clerk to per- form the stated duties. (Section 16, Chapter 40A, G. L. ) � - 1? 15 APPEAL O SUPERIOR COURT. "Any person aggrieved by a decision of a board of appeals, whether or not previously a part of the proceeding, or any municipal officer or board, may appeal to the superior court sitting in equity for the county in which the land concerned is situated; provided, that such appeal is filed in said court within fifteen days after such decision is recorded . . . 4 4 0 0 . 0 . . . . . . " (with the Town Clerk). (Section 21, Chapter 40A G. L. ) Section 18 of Chapter 40A requires that all records of the Board of Appeals in- cluding the reasons for its decisions shall be filed "immediately" with the Town Clerk. There is no requirement in the Zoning Enabling Act at present, that an appellant notify the Town Clerk when he files an appeal to the Superior Court, although such notice is required when appealing under the Subdivision Control Law. (Section 18, Chapter 40A. G. L. ) _6_ rJOHN J. LYONS JOHN J. LYONS TOWN CLERK TOWN CLERK NO. ANDOVER, MASS. NO ANDOVER, MASS. RULES AND REGULATIONS GOVERNING THE SUBDIVISION OF LAND (CITY OR TOWN), MASSACHUSETTS INDEX Section I. Authority a . . . . & . a a . . a . . a . 1 Section II. General a a 1 A. Definitions B. Pian Believed Not to Require .Approval C. Subdivision Section III, Procedure for the Submission and Approval of Plans a a a a a 2 A. Preliminary Plan 1. General 2. Contents 3. Tentative Approval B. Definitive Flan 1. General 2, Contents 3. Performance Guarantee 4. Review by Board of Health as to Suitability, of the Land 5, Public Hearing 6. Certificate of Approval Section IV. Design Standards . . . a . a . a . a . . . . . a . . a . a 6 A. Streets B. Easements C. Open Spaces D. Protection of Natural Features Section V. Required improvements for an Approved Subdivision . . . 7 A, Street and Roadway B. Utilities C. Sidewalks D. Nbnuments Section VI. Administration , . a . . . a a . a . . . . , a a . too 9 A. Variation B. Reference Form A. Application for Endorsement of Plan Believed Not to Require Approval Form B. Application for Approval of Definitive Plan RULES AND REGULATIONS GOVERNING THE SUBDIVISION OF LAND NORTH ANDOVER, MASSACHUSETTS (Adopted under The Subdivision Control Law Sections 81-K to 81-GG inclusive, Chapter /,l, G.L.) PURPOSE (Section 81-M of Chapter 41 G,L,) "The subdivision control law has been enacted for the purpose of protecting the safety, convenience and welfare of the inhabitants of the cities and towns In which it is, or may hereafter be, put in effect by regulating the laying out and construction of ways in subdivisions providing access to the several lots therein, but which have not become public ways, and ensuring sanitary conditions in subdivisions and in proper cases parks and open areas, The powers of a planning board and of a board of appeal under the subdivision control law shall be exercised with due regard for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and con- venient 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 insuring compliance with the applicable zoning ordinances or by-laws; for securing adequate provision for water, sewerage, drainage and other requirements where necessary in a subdivision; and for co-ordinating the ways in a subdivision with each other and with the public ways in the city or town in which it is located and with the ways in neighboring subdi- visions. " SECTION I. AUTHORITY Under the authority vested in the Planning Board of the Town of North Andover by Section 81-Q of Chapter 41 of the General Laws, said Board hereby adopts these rules and regulations governing the subdivision of land in the Toch of North Andover, Such rules and regulations shall be effective on and after the 10th day of January 1955, SECTION Ili. GENERAL A. Definitions "Subdivision" shall mean the division of a tract of land into two or more lots in such manner as to require provision for one or more new ways, not In existence when the subdivision control law became effective in the Town of North Andover, to furnish access for vehicular traffic to one or more of such lots, and shall include resubdivision, and, when appropriate to the context, shall relate to the process of subdivision or the land or terri- tory subdivided, "Board" shall mean the Planning Board of the Town of North Andover, B. Plan Believed Not to Require Approval 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 his plan does not require approval under the Subdivion Control Law, may sub- mit his plan and application Form A (see Appendix) to the Planning Board accompanied by the necessary evidence to show that the plan does not re- quire approval. Said person shall file, by delivery or registered mail, a notice with the Town Clerk stating the date of submission for such de- termination and accompanied by a copy of said application, If the Board determines that the plan does not require approval, it shall without a public hearing and within fourteen days of submission endorse on the plan the words "Planning Board approval under Subdivision Control Law not required". Said plan shall be returned to the applicant and the Board shall notify the Town Clerk of its action. If the Board determines that the plan does require approval under the Sub- division Control Law, it shall within fourteen days of submission of said plan so inform the applicant and return the plan. The Board shall also notify the Town Clerk of its determination. C, Subdivision No person shall make a subdivision within the meaning of the Subdivision Control Law of any land within the town, or proceed with the improvement or sale of lots in a subdivision, or the construction of ways, or the installation of municipal services therein, unless and until a Definitive Plan of such subdivision has been submitted to and approved by the Plan- ning Board as hereinafter provided, SECTION III. PROCEDURE FOR THE SUBMISSION AND APPROVAL OF PLANS A, Preliminary► Plan 1. General A Preliminary Plan of a subdivision may be submitted by the subdivider for discussion and tentative approval by the Board. The submission of such a Preliminary Plan will enable the subdivider, the Board, other municipal agencies and owners of property abutting the subdivision to discuss and clarify the problems of such subdivision before a Definitive Plan is prepared. Therefore, it is strongly recommended that a Prelim- inary Plan be filed in every case. 2, Contents The Preliminary Plan may be drawn on tracing paper with pencil at a suitable scale and [two] prints shall be filed at the office of the Board, Said Preliminary Plan should show sufficient information about the sub-division to form a clear basis for discussion of its problems and for the preparation of the Definitive Plan. - 3 - Such information will include major site features such as existing stone walls, fences, buildings, large trees, rock ridges and outcroppings, swamps and water bodies, and existing topography as required, together with the information required by items "a" to "(d]", inclusive, of the Contents of Definitive Plan (Section III-B-2). During discussion of the Preliminary Plan the complete information required for the Definitive Plan (Section II-B-2 Contents) and the financial arrangements (Section III-B-3 Performance Guarantee) will be developed. 3. Tentative Approval The Planning Board may give such Preliminary Plan its tentative approval, with or without modification. Such tentative approval does not consti- tute approval of a subdivision but does facilitate the procedure in securing final approval of the Definitive Plan, B. Definitive Plan 1, General Any person who submits a Definitive Plan of a subdivision to the Planning Board for approval shall file with the Board the following: a. An original drawing of the Definitive Plan and (three] contact prints thereof, dark line on white background. The original drawing will be returned after approval or disapproval. b. A properly executed application Form B (see Appendix). c. A deposit of $1.5 to cover the cost of advertising and notices. The applicant shall file by delivery or registered mail a notice with the Town Clerk stating the date of submission for such approval and accompanied'by a copy of the completed application (Form B). 2. Contents The Definitive Plan shall be prepared by an engineer or surveyor and shall be clearly and legibly drawn in black India ink upon tracing cloth. The plan shall be at a scale of one inch equals (forty] feet or such other scale as the Board may accept to show details clearly and adequately. Sheet sizes shall preferably not exceed 24." x 36". If multiple sheets are used, they shall be accompanied by an index sheet showing the entire subdivision. The Definitive Plan shall contain the following information: a. Subdivision name, boundaries, north point, date and scale. b. Name and address of record owner, subdivider and engineer or surveyor, c. Dames of all abuttors as they appear in the most recent tax list. . 4 d. Existing and proposed lines of streets, ways, lots, easements, and public or common areas within the subdivision. (The proposed names of proposed streets shall be shown in pencil until they have been approved by the Board,) e. Sufficient data to determine the location, direction and length of every street and way line, lot line and boundary line, and to estab- lish these lines on the ground. f. location of all permanent monuments properly identified as to whether existing or proposed. g. Location, names and present widths of streets bounding, approaching or within reasonable proximity of the subdivision. h. Suitable space to record the action of the Board and the signatures of the members of the Board (or officially authorized person). Items i, 3 and k may be submitted on the some sheet as the Definitive Plan or on separate sheets. i. Existing and proposed topography at a suitable contour interval as required by the Board. J. Profiles on the exterior lines of proposed streets at a horizontal scale of one inch equals [forty] feet and vertical scale of one inch equals [four] feet, or such other scales acceptable to the Board. All elevations shall refer to the town datum. k. Proposed layout of storm drainage# water supply and sewage disposal systems. 3. Performance Guarantee e. Final approval with bonds or surety. Before approval of a Definitive Plan of a subdivision, the subdi- vider shall either file a performance bond or deposit money or negotiable securities in an amount determined by the Board to be sufficient to cover the cost of all or any part of the improvements specified in Section V, or follow the procedure outlined in "b" below. Such bond or security if filed or deposited shall be ap- proved as to form and manner of execution by the Town Counsel and as to sureties by the Selectmen, and shall be contingent on the completion of such improvements within [two] years of the date of the bond. b. Final approval with conditions Instead of filing a bond or depositing surety, the subdivider may request approval of his Definitive Plan on condition that no lot in the subdivision shall be sold and no building shall be erected thereon until the improvements specified in Section V are con- - 5 � structed and installed so as to serve the lots adequately. Such conditions shall be endorsed upon the plan or contained in a sep- arate vote or agreement which shall be referred to on the plan and recorded in the Registry of Deeds. When the subdivider has com- pleted the required improvements specified in Section V for any lots in a subdivision, he may request a Release of Conditions for said lots. If the improvements have been completed to the satisfaction of the Board, the Board will then execute and deliver to the subdi- vider such Release, which shall be in form for recording in the Registry of Deeds. Thereafter the conditions relating to such lots and so released shall terminate. 4. Review by Board of Health as to Suitability of the Land The Planning Board shall within ten days after submission of a plan to it consult with the Board of Health (or other like board of officer). If the Board of Health is in doubt as to whether any of the land in the subdivi- sion can be used as building sites without injury to the public health, it shall so notify the Planning Board in writing within thirty days. Any approval of the plan by the Planning Board shall then only be given on condition that the lots or land as to which such doubt exists shall not be built upon without prior consent of the Board of Health, and shall endorse on the plan such condition, specifying the lots or land to which said con- dition applies. Any lot so located that it cannot be served by a connection to the muni- eipal sewer system shall be provided with a cesspool or septic tank and drain-field satisfactory to the Board of Health. 5, Public Hearing Before approval of the Definitive Plan is given, a public hearing shall be held by the Planning Board. Notice of such hearing shall be given by the Board at the expense of the applicant at least ten days prior thereto by advertisement in an official publication of, or in a newspaper of gen- eral circulation in the Town of forth Andover. A copy of said notice shall be mailed to the applicant and to all owners of land abutting upon the subdivision as appearing in the most recent tax list. 6. Certificate of Approval The action of the Board in respect to such plan shall be by vote, copies of which shall be certified and filed with the Town Clerk and sent by de- livery or registered mail to the applicant. If the Board modifies or dis- approves such plan, it shall state in its vote the reasons for its action. Final approval, if granted, shall be endorsed on the original drawing of the Definitive Plan by the signatures of a majority of the Board (or by the signature of the person officially authorized by the Board) but not until the statutory twenty-day appeal period has elapsed following the filing of the'certificate of the action of the Board with the Town Clerk and said Clerk has notified the Board that no appeal has been filed. After the Definitive Plan has been approved and endorsed, the applicant shall furnish the Board with [three W3 prints thereof. 6 _ Final approval of the Definitive Plan does not constitute the laying out or acceptance by the town of streets within a subdivision. SECTION IV. DESIGN STANDARDS Note to Planning Boards: The provisions of this section may be modified to meet local needs, condi- tions or requirements. A. Streets 1. location and alignment a. All streets in the subdivision shall be designed so that, in the opinion of the Board, they will provide safe vehicular travel. Due consideration shall also be given by the subdivider to the attractiveness of the street layout in order to obtain the maxi- mum livability and amenity of the subdivision. b. The proposed streets shall conform to the Master or Study Plan as adopted in whole or in part by the Board. c. Provision satisfactory to the Board shall be made for the proper projection of streets, or for access to adjoining property which is not yet subdivided, d, 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, e, Street jogs with centerline offsets of less than [one hundred and twenty-five (125)] feet should be avoided. f, The minimum centerline radii of curved streets shall be [one hundred (100)3 feet. Greater radii may be required for principal streets. g. Streets shall be laid out so as to intersect as nearly ss possible at right angles. No street shall intersect any other street at less than [sixty (60)3 degrees, h. Property lines at street intersections shall be rounded or out back to provide for a curb radius of not less than [twenty (20)] feet. 2. Width a. The minimum width of street rights-of-way shall be [forty (40)] feet. Greater width shall be required by the Board when deemed necessary for present and future vehicular travel. - / w 3. Grade a. Grades of streets shall be not less than [0.5%] Grades shall not be more than [6.0%] for principal streets nor more than [12.0,%] for secondary streets. 4. Dead-end Streets a. Dead-end streets shall not be longer than [five hundred (500) feet unless, in the opinion of the Board, a greater length is necessitated by topography or other local conditions. b. Dead-end streets shall be provided at the closed end with a turn- around having an outside roadway diameter of at least [one hundred (100)] feet, and a property line diameter of at least [one hundred and twenty (120)] feet. B„ Easements 1. Easements for utilities across lots or centered on rear or side lot lines shall be provided where necessary and shall be at least [fif- teen (15)] feet wide. 2. Where a subdivision is traversed by a water course, drainage way, channel or stream, the Board may require that there be provided a storm water easement or drainage right-of-way of adequate width to conform substantially to the lines of, such water course, drainage way, channel or stream, and to provide for construction or other necessary purposes. C. Open Spaces Before approval of a plan the Board may also in proper cases require the plan to show a park or parks suitably located for playground or recreation purposes or for providing light and air. The park or parks shall not be unreasonable in area in relation to the land being subdivided and to the prospective uses of such land. The Board may by appropriate endorsement on the'plan require that no building be erected upon such park or parks without its approval. D. Protection of Natural Features Due regard shall be shown for all natural features, such as large trees, water courses, scenic points, historic spots, and similar community assets, which, if preserved, will add attractiveness and value to the subdivision. SECTION V. REQUEM IMPROVERENPS FOR AN APPROVED SUBDIVISION Note to Planning Boards: TheP rovisions of this section may be modified to meet local needs, condi- tions or requirements. jl w 8 w A. Street and Roadway 1. The entire area of each street or way shall be cleared of all stumps, brush, roots, boulders, like material and all trees not intended for preservation, 2. All loam and other yielding material shall be removed from the roadway area of each street or way replaced laced with suitable material, P 3. All roadways shall be brought to a finished grade as shown on the pro- files of the Definitive Plan with at least the top [twelve (12)3 inches consisting of well-compacted binding gravel to a width of at least [twenty-five (25)] feet. 4. The completed gravel surface shall be treated for the full width of the roadway with one application of asphalt or tar as specified by the Highway Department at the rate of [one (1)] gallon per square yard of area of roadway. After being subjected to traffic for a period of at least thirty days, a second application at the rate of [one-quarter (1/4)] gallon per square yard shall be used as a seal coat. The ini- tial and seal applications shell each be covered with sand evenly dis- tributed, B. Utilities 1. Sewer pipes and related equipment, such as manholes and connecting Y'a, shall be constructed in conformity with specifications of the Board of Public Works. 2. Adequate disposal of surface water shall be provided, Catch basins shall be built in conformity with specifications of the Highway De- partment on both sides of the roadway on continuous grades at inter- vals of not more than [four hundred (400)) feet, at low points and sags in the roadway and near the corners of the roadway at intersect- Ing streets. 3. Water pipes and related equipment, synch as hydrants and main shut-off valves, shall be constructed to serve all lots on each street in the subdivision in conformity with specifications of the Board of Public Works. C. Sidewalks 1, Sidewalks of not less than [four (4)3 feet in width shall be con- structed on [botQ side (a) of the street in conformity with speci- fications of the Highway Department when, in the opinion of the Board, such sidewalks are necessary. D. Monuments 1. Monuments shall be installed at all street intersections, at all points of change in direction or curvature of streets and at other points where, In the opinion of the Board, permanent monuments are necessary. Such monuments shall conform to the standard specifications of the Highway Department and shall be set according to such specifications. No - 7 - permanent monuments shall be installed until all construction which would destroy or disturb the monuments is completed. Note to Planning Boards: Provisions for curbing, gutters, street signs, trees and clearing-up operations may be included in this section if nec- essitated by local requirements or deemed advisable for each community by its re- spective Board. SECTION VI. ADMINISTRATION A. Variation Strict compliance with the requirements of these rules and regulations may be waived when, in the Judgment of the Board, such action is in the public interest and not inconsistent with the Subdivision Control Law, B. Reference For matters not covered by these rules and regulationa, reference is made to Sections 81-K to 81-GG, inclusive, of Chapter 41 of the General Laws. C. Form C Form C must be completed and endorsed by the proper agency and submitted to the Building Inspector before a building permit will-be-issued. FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO QUIRE APPROVAL File one completed form with the Planning Board and one copy with the City (or Town) Clerk in accordance with the requirements of Section II-B. (City or Town), Mass,, 19_._,_ To the Planning Board: The undersigned, believing that the accompanying plan of his property in the City (or Town) of does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determin- ation and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Applicant Address 2. Nam of Engineer or Surveyor Address 3. Deed of property recorded in Registry, Book Page 4. Location and Description of Property; Signature of Owner Address FORM B APPLICATION FOR APPROVAL OF DEFINITIVE PLAN File one completed form with the Planning Board and a copy with the City (or Town) Clerk in accordance with the requirements of Section III-B. (City or Town), Mass., 19 To the Planning Board: The undersigned herewith submits the accompanying Definitive Plan of property located in the City (or Town) of for approval as a subdivision under the requirements of the Subdivision Control Law and the Rules and Regulations Governing the Subdivision of Land of the Planning Board in the City (or Town) of 1. Name of Subdivider Address 2. Name of Engineer or Surveyor Address 3. Deed of Property Recorded in Registry, Book Page 4. Location and Description of Property: Signature of Owner Address A list of the Names and addresses of the abuttors of this subdivision is attached. Verification will be made by the Planning Board. FORM C APPROVAL OF PROPER AGENCIES PLANNING BOARD DATE BOARD OF PUBLIC WORKS DATE BOARD OF HEALTH DATE HIGHWAY SURVEYOR DATE BUILDING INSPECTOR DATE s PUBBBfBG BDBfIB TOWN OF NORTH ANDOVER MASSACHUSETTS Noxry y:. 1885 A ' '>"'�Eiciio94;1' *7 17, 1954 To Whom It May Goncerns Wer�::the undersigned,, being a majority of the meabers of the North Andover Planning Board hereby state that in our opinion the sub- control law is in effect in the Tgwn of North Andover, XUsachusettso Signed Secretary Essex,ss. Recorded May 27, 1954 at 5m past 1P.M. #593 � r lop"RE13. 01 p.,:t .1 t G. ?1ST. f MAY 27 1954 X RFcc-DRDeC RE6i57R'Y O'F OEFDS � " I • NorKiern OiOricl of Esm St.. rte cjIvEoLaw,N1ay.. .t .. .......O'CLOCK ANS RRDED IN BOOK7•�G ti j i yYf NORT/, 'LM OFFICE OF TOWN CLERK APRIL7" A. - NORTH ANDOVER c �; 1855 meq•` MASSACHUSETTS sA ss9� f CH11 P�►trr JOHN J.LYONS,TONM MRM May 7, 1954 To Whom It May Concern: The records of this office signify that the Planning Board ( subdivision of Land) is governed under Chapter 41, General Laws, Section 81, in accordance with the vote of Article 16, of the Annual Adjourned Town Meeting held March 19, 1938, A true copy: ATTEST. r JOHN S 4✓t/ 7 a Essex,ss. Recorded May 27, 1954 at 5M past 1P.M. #594 594 WK OF bEEDS MAY 21 1 � BOOK- DED REGISTRY OF DEEDS 1 Nor!hsm Did"of Evion SS i FCr1!` LawA •-27-p.H... 1D IA II ' t i y*Q�yOR.. ♦ OFFICE OF 02 01YOki�~ TOWN CLERK err. AvRn70 .a NORTH ANDOVER a ,�• 18SS •meq• MASSACHUSETTS CHU9� a JOHN J.LYONS,TOWN CLw May 7, 1951+ To Whom It May Concern: The records of this office show that subdivision of land went into effect in accordance with Article 16 of the Annual Adjourned Town Meeting held Burch 19, 1938. A true copy: ATTEST. ' JOH y yp• Jh Essex,ss . Recorded May 27, 1954 at 5m past 1P.M. #595 595 OF of=� Biu. DIST. i MAY 27 ISE4 BWK-7.92_raGF 1 F)Q-. �(RECOROED .' c REGlgw OF DOM NW*OM Difkid of EK"S= . majym Ati'J sryA.l4i.R yrr�.*yORTfjy Fi APRIL �,y�y:, ►aas�,,:�. ►�cxuS�'.,4' rryr r TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS February 14, 1957 The Board of Appeals held a Public Hearing on Tuesday evening, September 18, 1956 on the application of Salvatore J. Iacono, requesting a variance of the Zoning By-Law so as to permit the erection of a. single-family dwelling on the premises located at the corner of Herrick Road and Buckingham Road, North Andover. This Public Hearing was advertised in the Evening Tribune on September ll, 1956, and the abbuttors were duly notified. Members present and voting on this application were: Ralph Finck, Chairman.9 Alfred Boeglin, Secretary, Henry Lund, Nicholas Nicetta, Kenneth Terroux and Associate Member, Daniel O'Leary. After considering this matter, it was agreed to grant the variance. The Board voted unanimously on this decision. The Board of Appeals held a Public Hearing on Thursday evening, September 27, 1956 at 7:30 P. m. on the application of A & A Concrete Products Company, requesting a variance of the Zoning By-Law so as to permit the use, bf a building for storage of equipment and proposed addition to the present structure on the premises located at 364 Osgood Street, North Andover. This Public Hearing was advertised in the Evening Tribune on September 20, 1956, and all abbuttors were duly notified. After considering this matter, it was agreed to grant the variance. The Board voted unanimously on this decision. A Public Hearing was also held on the above date (September 27, 1956) on the application of Donald Bootman, requesting a variance of the Zoning By-Laws so as to permit a variance in the rear on the premises located at Lots 16 & 17 Osgood Street, North Andover. This Hearing was post-poned to October 8, 1956, due to insufficient plans submitted. This Public Hearing was advertised in the Evening Tribune on September 20, 1956, and the abbuttors duly notified. Members present and voting on this ppplieation werez Ralph Finck, Chairman, Alfred Boeglin, SecrBtary, Kenneth Terroux, Henry Lund, Nicholas Nicetta and Associate Member, w. y Fy1lA..11� �ORTy i A►na�ftp O�� CHO • vvv TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS 2. Daniel OTLeary. After considering this matter, a motion was made by Mr. Lund, seconded by Mr. Boeglin, and unanimously carried that the petition be denied for the reason it was beyond the scopt of the Board of Appeals. Sincerely, BOARD OF APPEALS OF NORTH ANDOVER Ralph E. Finck, Chairman Alfred Boeglin, Secretary Henry Lund Nicholas Nicetta Kennet# Terroux Daniel OlLeary, Associate Member PROCEDURE FOR SUBMISSION OF BY-LAWS AND AMENDMENTS TO THE ATTORNEY GENERAL (as prepared by that office, with special reference to zoning by-laws). 1. All papers must be attested or certified by the Town Clerk, under seal of the town. 2. Only the by-laws themselves and any zoning maps, to be approved by the Attorney General, must be in duplicate. 3. State the date and the manner by which notice of the warrant was given to the citizens, and whether the notice complied with the by-law as to said notice. 4. Submit a copy of the warrant. 5. Report the number of votes in the affirmative and the number in negative, 6. State whether or not there was a quorum at the town meet- ing at which action was taken. 7. In case of a zoning by-law, submit maps in file size (not larger than about 2411 x 3611), with proper legend showing the areas of existing zoning districts. The changes to be made by amendment should be shown in color and be labelled by article number. The map should be attested, under seal, as being the zoning map of the town. 8. In case of a zoning by-law, furnish a copy of the notice of the public hearing and the date of public hearing by the Planning Board or, in the absence of a Planning Board, by the Board or Committee authorized by Chapter 40A, Section 6. 9, If a report of the Planning Board was made, this report should give detailed reasons upon which recommendations are based. It must show that no material amendments were made at the hearing of the proposed by-laws as submitted in the notice to the citizens; it must be signed by the Planning Board' the clerk must certify that they are members of such Board. An informal supplementary report may be furnished showing reasons for zoning changes. 16. By-Laws must be published after approval by the Attorney General. 11. Any by-law should be submitted to the Attorney General promptly after vote of the town and, in any case, not later than one year after such vote. -7- Received by Town Clerk: . 5 TM CLEAR OWN Ate' Am A 10 1142 TOWN OF NORTH ANLJVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant GILBERT_O. REA �—Address 44 REO STREET NO ANDOVER, MA ' 1 . Application is hereby made: (617)682=9864 a ) For a variance from the requirements 'of Section Paragraph and Table of the Zoning By Laws . b) For a Special Permit under Section 5_Paragraph__of the Zoning By Laws . c ) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2 . a ) Premises affected are land and building(s ).numbered Street . b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West (X ) side of REA STREE Street , and known as No._44_REA — Street . and East side of CHESTNUT STREET c ) Premises affected are in Zoning is ricT , and Eric premises affected have an area of_,___square feet and frontage of feet . 3 . Ownership a ) Name and address of owner ( if joint ownership, give all names ) : Date of Purchase Previous Owner b) ' If applicant is not owner, check his/her interest in the premises : Prospective Purchaser Lesee Other (explain) 44 Size of proposed building:' front; feet deep; It .Height stories; __feet a ) Approximate date of erection: b) Occupancy or use of each floor:`______ c.) Type of construction: 5. Size of existing building:`____ feet front ;_ feet deep; Height __stories;_`feet . a ) Approximate date of erection:______ b) occupancy or use of each floor :__._ c ) Type of construction: -_____ Has there been a previous appeal , under zoning, on these premises? --YES-- If so, when? MAY. 1987 ' I 7;, ' Description of relief sought on this petition ' x Deed recorded in the Registry of Deeds in BookPage `? Land Court. Certificate No. Book Page ; VOL he principal points upon which I base my application are as follows: •; (miust be . stated in detail ) 4111 This is an application 'for renewal fora ngrLniorieinllly granted in August of 1963. which has been renewed and used continuosly since that date. agree to pay the filing fee, advertising in newspaper , and incidental -xpenses* __.y.._.__.__________�. 1 . Signature of Petit er :,• , ,very application for' action by the Board shall be 'made on a form approved �y• the Board . These forms shall be furnished by the Clerk upon request. ,ny communication purporting to be an application shall be treated as mere otice of* intention to seek relief until such time .as it 'is - made on the I 1ficial application form. All information .'Called .,for by the form shall , �e furnished by the applicant in the manner ' Yhereinr-,prescribed . A ',very application shall be submitted with a list of '•"Parties In Interest" • hick list shall include .the petitioner, . abutters , owners of land directly pposite on any public . or private street or way, and abutters to -the , butters ;within ' three hundred feet ( 300 '. ) of the property line of the ' ctitioner as they appear . on the most recent applicable tax list, otwithstanding that the land of any such owner is located in another r town, the Planning Board of the city or town, . and the Planning Board ofd. : -' very abutting city or town. r"' !;• Every application shall be submitted with an application charge cost in he amount- of $25 . 00. In addition, the petitioner shall be' responsible '% :.; ? ; or an and all casts involved in bringing the peti,tion before the. Board. •:.:•';:,..(; uch„ costs shalt include mailing and publication, but are not necessarily,..' imited to these. ' (very application shall be submitted with a plan of land approved by the - V ard: No petition will be brought before the Board unless said plan has . :''`:', een submitted . Copies of the Board' s requirements regarding plans are ttached hereto or are available from the Board of Appeals upon request . . ✓' t LIST OF PARTIES IN INTEREST Name Address " .` Roger7 Kara'-Drive No. 0184"5 ) Ager A� & Rita Lucey. . . . . . . . . . . . . . . . . . , Andover, Ma. ��'�• John, E. Carter. . . . . . . . . . . . ... . . . . . . . . . ..300 Chestnut St: No. Andover,Ma. 01845 it ;•, Raymond Be Alger. . . . . . . . . . . . . . . . .'. . . . .300 Ches,tnut - St.. No. Andover, Ma. 01845 ' ` J. Burry & Beverly O'Hagan. . . . . . . . . . . .455 Chestnut St. No. Andover, Ma. 01845 �Willi.am Miller. . * , , , Chestnut St. No. Andover, Ma. . 01845 John T. & Diane P. Cordner. . ... . . . . . . . .425 Chestnut St., No Andover, Ma. 01845 �rr6 Thomas & Margaret Bently. . . . . . .. . .. . . .415 Chestnut St. No: Andover, Mae 10845 James T & Gail Finn. . . . . . . . . . . . . . . . . . .406 Chestnut St'. No. Andover, Ma. 01845 Graig & Lorretta Taylor. . . . . . . . . . . . . . .445 Chestnut St': Nd. Andover, Ma. 01845 Joseph Barbagallo. . . . . . . ... . . . . . . . . . .1 Westwood Circle. No. Reading, Ma. 01864 .;:;,';; ' Benjamin C. Osgood Jr, . . . .'.'. . . . . . . . . .P.O.Box 536 14o.' :Andover,, Ma. 01845 . ,;,;•. 10845 Peter & Susan Phelps. Kara Drive, No Andover, Ma. • (use additional sheets if ''necessary) Stephdn & Angela Jones. . . . . . .'0 . . . . . . . .85 Kara Drive, No. Andover, Ma. 01845 `;:.''':'' GB•egor'y A. & Brigette Barrett. . .�. . . . . .79 Kara D iv b. An/dover/ Maf/� 0 845 . • 'v ;�