HomeMy WebLinkAbout1989 SUBDIVISION OF LAND NORTH ANDOVERI
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PURPOSE
C.)
R, )
C, )
RULES AND REGULATIONS
SOVERNIN8 THE SUBDIVISION OF LAND
No~th Andovep, Massachusetts
Revised Febpuapy~ 19B9
AUTHORITY .............................. I
GENERAL ................................ 1
DEFINITIONS .................................
GENERAL REQUIREMENT8 FOR THE
SUBDIVISION OF LAND ........................ 13
DETERMINATION OF APPLICABILITY
SUBDIVISION CONTROL LAW AND ANR PLANS ...... 15
PROCEDURE FOR THE SUBMISSION OF PLANS
SUBMISSION OF ANR PLANS .................... 16
SUBMISSION OF PRELIMINARY
SUBDIVISION PLAN ....... . ..................
1.) GENERAL ...............................
~.) PROCEDURE .............................
3.) SUBMISSION REQUIREMENTS ...............
SUBMISSION OF DEFINITIVE
SUBDIVISION PLAN. ·
~.) PROCEDURE .............................
SUBMISSION REQUIREMENTS ...............
REVIEW OF PLANS SUBMITTED
BY TOWN DEPARTMENTS .... . .............. 39
A.) REVIEW BY THE TECHNICAL REVIEW COMMITTEE...39
B.) STANDARDS OF REVIEW BY TOWN DEPARTMENTS .... 39
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SECTION 5
REVIEW STANDARDS FOR PLANS ............ 41
A.) ANR PLANS .................................. 41
B. ) PRELIMINARY SUBDMSION PLANS .............. 42
C. ) DEFINITIVE SUBDIVISION PLANS ............... 42
D.) WAIVER OF REQUIRENRNTS/OR STANDARDS ........ 43
E. ) COMPLIANCE WITH THE RU~.RS
AND REGULATIONS ............................ 43
SECTION 6
FILING REQUIREMENTS, LOT RE~mASE
PROCEDURE AND CONSTRUCTION OF
THE SUBDIVISION ........................ 44
A.) PLANS IN CONFORMANCE WITH PLANNING
BOARD DECISION . . 44
B.) PERFORMANCE GUARANTEE ....................... 44
C. ) LOT REleASE BY THE PLANNING BOARD ........... 45
D.) EASEMENT AND UTILTTY AGREEMENT .............. 46
E.) CONFORMATION OF FILING WITH
REGISTRY OF DEEDS OFFICE . 46
F.) CONSTRUCTION OF THE SUBDIVISION ............. 46
G. ) "FORM U" PROCEDURE .......................... 48
SECTION 7
DESIGN STANDARDS ....................... 49
A.) STREETS ..................................... 49
1.) LOCATION ANDALIGNMENT ................. 49
2.) WIDTH .................................. 51
3. ) GRADE .................................. 51
4. ) DEAD END STREETS ....................... 52
B.) STREET AND ROADWAYS ......................... 53
C ) SHOULDERS ............ 55
D.) SIDEWALKS ................................... 56
E.) STREET TREES ................................ 57
F.) STREET SIGNS ................................ 57
G.) UTILITIES ................................... 58
H.) EASEMENTS ................................... 58
I.) LOTS ........................................ 59
J.) OPEN SPACE/ PARKLAND DEDICATION ............. 59
K.) PROTECTION OF NATURAL FEATURES .............. 60
L.) WATER FACIT.TTIES ............................ 60
M.) SANITARY SEWER FACILITIES ................... 62
N.) DRAINAGE FACILITIES ......................... 64
O.) FIRE ALARM .................................. 68
P.) MONUMENTS ................................... 68
SECTION
A.)
BOND REL~.ASE PROCEDURE ................. 70
TIMING OF BOND REL~.ASE ...................... 70
REQUIREMEN'fS FOR BOND REL~.A~SE REQUESTS ...... 71
SECTION
EVIDENCE OF SATISFACTORY PERFORMANCE... 72
A. ) INSPECTIONS BY TOWN DEPARTMENTS ............. 72
B. } CERTIFICATE OF COMPLIANCE ................... 72
C. ) FINAL ACCEPTANCE OF THE LOT/ISSUANCE OF
A CERTIFICATE OF OCCUPANCY .................. 73
SECTION 10 CONVEYANCE OF IMPROVEMENTS ............. 73
A.) ACCEPTANCE OF PUBLIC IMPROVEMENTS BY THE TOWN
SECTION 11 ADMINISTRATION ......................... 74
A.) VARIATION ................................... 74
B.) REFERENCE ................................... 74
C.) CONFLICT OF LAWS ............................ 74
D.) SEVERABILITY CLAUSE .......................... 75
E.) PROCEDURAL DEFECTS .......................... 75
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INDEX TO THE
AMENDNR. NTS OFT HE
RUTmS AND REGULATIONS
THE FOREGOING REVISED RUT~S AND REGULATIONS WERE ADOPTED AT
A MEETING OF THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER
DULY HELD ON AUGUST 4, 1981.
THESE RUTmS AND REGULATIONS REVISED AT A PLANNING BOARD
MEETING K~.LD ON JUNE 16, 1986. REVISED SECTIONS: SECTION
II, C, 1 AND SECTION III,B,j.
THE RUT.RS AND REGULATIONS WERE COMPTRTELY REVISED (SECTIONS
1 T~ROUGH 11 INCLUSIVE) AT A PUBLIC MEETING DULY I~I~T~ ON
FEBRUARY 16, 1989 BY THE PLANNING BOARD OF THE TOWN OF NORT[{
ANDOVER.
RUT.~.S AND REGULATIONS
GOVERNING THE SUBDIVISION OF LAND
NORTH ANDOVER, MASSACHUSETTS
(Adopted under the Subdivision Control Law
Sections 81-K to 81-GG inclusive, Chapter 41 G.L.)
PURPOSE
(Section 81-M of Chapter 41 G.L.)
"THE SUBDMSION 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
TBE SEVERAL LOTS T~RREIN, BUT WHICH HAVE NOT BECOME PUBLIC
WAYS, AND ENSURING SANITARY CONDITIONS IN SUBDMSIONS, AND
IN PROPER CASES, PARKS AND OPEN ARRAS.
THE POWERS OF A PLANNING BOARD AND OF A BOARD OF APPEALS
UNDER THE SUBDIVISION CONTROL LAW S~%TW. BE EA~.RCISED WITH
DUE REGARD FORTHE PROVISION OF T~E FOTWOWING:
1) ADEQUATE ACCESS TO A~w. OF THE LOTS IN A
SUBDIVISION BY WAYS THAT WILL BE SAFE AND
CONVENIENT FOR TRAVEL;
2)
FOR T.RSSENING CONGESTION IN SUCE WAYS AND IN THE
ADJACENT PUBLIC WAYS;
3) FOR REDUCING DANGER TO LIFE AND LIMB IN THE
OPERATION OF MOTOR VF2{ICLES;
4)
FOR SECURING SAFETY IN THE CASE OF FIRE, FLOOD,
PANIC AND OTHER EMERGENCIES;
5)
FOR INSURING COMPLIANCE WITH THE APPLICABT~ ZONING
ORDINANCES OR BY-LAWS;
6)
FOR SECURING ADEQUATE PROVISION FOR WATER,
SEWERAGE, DI~ATNAGE, AND ~ REQUIREMENTS WHERE
NECESSARY IN A SUBDIVISION; AND
7)
FOR COORDINATING ~ WAYS IN A S~BDi~rlSION WITH
EACH OTHER AND WITH TH~ PUBLIC WAYS IN THE CITY OR
TOWN IN WHICH IT IS LOCATED AND WITH THE WAYS IN
NEIGHBORING SUBDIVISIONS.
IT IS THE INTENT OF Tm~ SUBDIVISION CONTROL LAN THAT ANY
SUBDIVISION PLAN FIr.ED ~-iTH THE PI~M~NING BOARD SHALL RECEIVE
THE APPROVAL OF SUCH BOARD IF SAID PLAN CONFORMS TO THE
RECOMMENDATION OF THE BOARD OF ~IEALTH AND TO ~ REASONABLF.
RULES AND REGULATIONS OF TKE PLANNING BOARD PEI~TAINING TO
SUBDIVISIONS OF LAND; PROVIDING, HOWEVER, THAT SUCH BOARD
MAY, WHeN APPROPRIATE, WAIVE, AS PROVIDED FOR IN CHAPTER 41,
SECTION 81-R, SUCH PORTIONS OF THE RUT.RS AND REGULATIONS AS
IS DEEMED ADVISAB?.R."
SECTION 1. 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 RUT~S AND
REGULATIONS GOVERNING THE SUBDMSION OF LAND IN THE TOWN OF
NORTH ANDOVER. SUCH RUT~S ~ REGULATIONS SHATJ. BE
EFFECTIVE ON AND AFTER MARCH 1, 1989.
SECTION 2.
A.)
APPL~CAI~
AS-B~3ILT
AS-BUILT PLAN
(FINAL)
GENERAL
DEFINITIONS
(See Chapter 41, Section Si-L)
Prior to lot release and/or bond
release, and interim as-built plan
and profile will be submitted for
approval to the Planning Board.
This interim as-built plan shall
include but not limited to the
following information; the location
and elevations of all underground
utilities, all drainage, sewer and
water lines, with sizes, inverts,
gates, and service connections to
lots. Utilities including electric,
telephone, fire alarm, and cable
transmission lines, and any roadway
crossings. Any detention/retention
basins within the subdivision and
line locations, width and grade on
the binder pavement. Accompanying
the interim as-built plan to insure
that all utilities are installed
correctly without the need to
retrench or patch the binder, and
insure that any detention/retention
areas are constructed properly and
all easements are in place prior to
the sale of the lots.
Prior to final bond release, a
final as-built plan and profile
prepared at the same scale as the
approved subdivision plan drawn to
the requirements of the Registry of
Deeds, and be submitted to the
Planning Board for approval. The
as-built plan and profile shall
bear the certification from both a
Registered Professional civil Eng-
ineer and Land Surveyor that all
utilities shown thereon are as-
built as to location and grade,
that all stone bound monuments have
been properly and accurately set in
accordance with Professional Land
Surveying standards and that the
roadway is within the right-of-
way lines as shown, and that the
subdivision is entirely as
constructed is in accord with the
proposed grading plan and that
the drainage patterns conform to
the drainage analysis as submitted
and approved by the Planning Board.
Final as-built plans and profiles
shall include as a minimum the
following info£mation:
1) Rims, size, type and inverts of
all drainage and sewer pipes.
2) Location, type and elevation of
all water mains, including gates
tees, services and hydrants.
3)
Ail underground electrical,
telephone, fire alarm and cable
lines, including services to
lots, transformers, utilities
and junction boxes.
4) Water service shut-off boxes to
each lot with linear ties to a
permanent structure or monument.
5) Ail gas lines including lot
services and shut-offs.
6) Curbing including sizes and type
7) Sidewalks and grass plots
including type and width and
handicap ramps.
8) Driveway curb cut from edge of
pavement to right-of-way lines.
9) Centerline stationing with
monument stationing.
10) Top and bottom of fill and cut
embankments adjacent to the
roadway.
11) Centerline profile at every 50'
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CERTIFIED BY
DESIGNER
DRAINAGE
DRIVEWAY
stations with high and low
points.
12) Width of roadway pavement.
13) Utility and light poles with
guys.
14) Street Signs.
15) Permanent bench marks on each
sheet.
16) Landscaping and Tree Plantings.
17) Ail off roadway drainage facil-
ities including but not limited
to, easements, swales and
appurtenances including final
landscaping. If a detention/ret-
ention basin is part of the
Subdivision, provide enough spot
elevations on the bottom and top
of side slopes to indicate that
the basin will have proper stag-
ing as approved.
The Planning Board of the Town of
North Andover.
(See Chapter 41, Section 81-L)
Professional Civil Engineer or Land
Surveyor registered to practice in
Massachusetts.
A person (as hereinafter defined)
who develops under a plan of a
subdivision under Rules and
Regulations.
(See Chapter 41, Section 81-L)
A means of vehicular access to a
lot, either through the frontage of
front streets adjacent to the side
or rear lot lines. Each driveway
shall service no more than one. lot,
except for multi-family dwellings.
A right acquired by public
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authority or other person to use or
control property for a utility or
other designated public purpose.
GENERAL LAWS
(Abbreviated G.L) The General Laws
of Massachusetts. In case of a
rearrangement of the General Laws,
any citation or particular sections
of the General Laws, shall be
applicable to the corresponding
sections in the new codification.
LAND COURT
Land Court of the Commonwealth of
Massachusetts.
LOT
(See Chapter 41, Section 81-L)
MUNICIPAL SERVICE (See Chapter 41, Section 81-L)
OWN-ER As applied to real estate, the
person holding the ultimate fee
simple title to a parcel, tract, or
lot of land, as shown the record
by
in the appropriate Land Court
Records, Land Registration Office,
Registry of Deeds, or Registry of
Probate.
PERSON
PRELIMINARY PLAN
SUBDIVISION PLAN
OR DEFINITIVE PLAN
RECORDED
REGISTER OF DEEDS
An individual, or two or more
individuals, or a group or
association of individuals, realty
trust, a partnership or a
corporation having common or
undivided interests in a tract of
land.
(See Chapter 41, Section 81-L)
The plan of a subdivision as
submitted (with appropriate
application) to the Board for
approval, to be recorded in the
Registry of Deeds or filed with the
Land Court when approved by the
Board, and such plan when approved
and recorded; all as distinguished
from a Preliminary Plan.
(See Chapter 41, Section 81-L)
(See Chapter 41, Section 81-L)
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REGISTERED MAIL
ROADWAY
STREET
STREET, ARTERIAL
STREET, COT.T.F. CTOR
STREET, LOCAL
(See Chapter 41, Section 81-L)
That portion of
designed and
vehicular travel.
a way which is
constructed for
(a) a public way; or (b) a way
shown on a plan approved by the
Planning Board under the State's
Subdivision Control Law.
A street which, in the opinion of
the Board, is being used or will be
used as a thorough-fare within the
town of North Andover, or which
will otherwise carry a heavy volume
of through traffic, generally over
1,000 vehicles per day.
A street intercepting one (1) or
more collector streets and which,
in the opinion of the Board, is
used or will be used to carry a
substantial volume of traffic,
qenerally over 300 and under 1.000
vehicles Der day. from such minor
street(s) to a major street or
community facility, and normally
including a principal entrance
street of a large subdivision, or
group of subdivisions, and any
principal circulation street within
such subdivision.
A street which, in the opinion of
the Board, is being used or will be
used primarily to provide access to
abutting lots and to local streets
and which will not be used for
through traffic, and will generally
carry less than 300 vehicles per
day.
Note: In determining the number of
vehicles per day that will travel
over a residential street, the
following criteria will be applied:
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SUBDIVISION
SUBDIVISION
CONTROL
WAY
WETLANDS
Housing Type
Vehicles
day Der
unit
trips per
dwelling
Single-family detached ........ 12
Group or townhouse ............. 8
Garden apartment ............... 6
(See Chapter 41, Section 81-L)
(See Chapter 41, Section Si-L)
Any point of access to a lot of
record which does not classify as a
street as specified in the
definition of street. In general,
a Way is a point of access est-
ablished prior to the Subdivision
Control law.
Shall be defined
regulations contained
Chapter 131, Section 40.
per The
in M.G.L.
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GENERAL REQUIREMENTS FOR THE SUBDIVISION OF LAND
1.) Every subdivider shall be bound by the
provisions of these regulations, and before
preparing a subdivision plan, should
familiarize themselves with these regulations
and with any other proposals for subdivision
and existing subdivisions in the area in
which the proposed new subdivision is
located.
2.)
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 Planning Board as hereinafter
provided.
3.) No land shall be subdivided unless it is of
such character that it can be used for
building purposes without danger of the
public health or 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.
4.) 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.
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5.) Streets in each subdivision shall be laid out
as 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.
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C$
DETERMINATION OF APPLICABILITY OF THE SU~DIVISION
CONTROL LAW AND ANR PLANS
The following plans shall be considered ANR
plans by the Planning Board as specified in M.G.L.
41, Section 81P:
1.)
The lots created by the plan shall have
adequate frontage as specified in the
Zoning Bylaw on an existing way and/or
street.
I 2.) The lots created by the plan shall have
sufficient area as specified in the
Zoning Bylaw.
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3.)
The existing way and/or street which
supplies the lot frontage, shall be
improved to a sufficient width, grade
and paving so as to provide adequate and
safe access to the lot created by the
plan, in the opinion of the Planning
Board.
The Planning Board shall not sign a ANR plan
if the lot(s) created, or altered by the plan
before the board, can only be accessed by
crossing a wetland from a street or way which
provides the lot(s) legal frontage as
required by the Zoning Bylaw.
Any other plan which does not meet all of the
criteria listed above shall be deemed a
subdivision for purposes of the Subdivision
Control Law.
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SECTION 3. PROCEDURE FOR THE SUBMISSION OF PLANS
A.) SUBMISSION OF ANRPLANS
The following procedure and information shall be
utilized for the submission of ANR plans to the
Planning Board:
1.) Procedure
a.) Any person who wishes to cause to be
recorded in the Registry of Deeds or to
be filed with the Land Court a plan of
land and who believes that his plan does
not require approval under the
Subdivision Control Law, may submit his
plan and Application "Form A" (See
appendix) to the Planning Board
accompanied by the necessary evidence to
show that the plan does not require
approval. Said person shall file, by
delivery or registered mail, a notice
with the Town Clerk stating the date of
submission for such determination and
accompanied by a copy of said
application.
A "Form A" plan shall be filed with the
town by first reviewing the plan with
the Town Planner. Upon acknowledgement
from the Town Planner that the plan
meets the towns Rules and Regulations
pertaining to ANR plans the "Form A"
shall be time stamped with the Town
Clerk.
c.)
Any revision to the plan requested by
the Town Planner shall be made prior to
its presentation before the Board. The
plan must be submitted at least five (5)
days prior to the Planning Board Meeting
in order to be placed on the agenda to
be considered by the Board.
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d.)
The plan shall be submitted to the Board
for review. The Board in addition to
citing the plan as an ANR plan or a
subdivision may place additional
conditions or clarifications on the plan
in order to insure that the Subdivision
Control Law and the Rules and
Regulations are adhered to prior to
filling the ANR plan with the Deeds
Office or Land Court.
i e.) If the Board determines that the plan
does not require approval, it shal 1
without a public hearing and within the
statutory time period allotted, endorse
I on the plan the words. "Planning Board
Approval Under Subdivision Control
Law Not Required." Said plan shall be
I returned to the applicant and the Board
shall notify the Town Clerk of its
action.
I If the Board determines that the
f.)
plan
does require approval under the
Subdivision Control Law, it shall with
the statutory time period allotted s o
inform the applicant and return the
plan. The Board shall also notify the
Town Clerk of its determination.
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g.)
The plan shall be endorsed and filed
with the Clerk's 0ffice upon receiving a
time stamp. Any changes or conditions
on the plan shall be made prior to the
Board signing the plans to be files with
the Deeds Office.
h.)
"Form A" Approvals - if lots have been
previously approved as Plans Not
Requiring Approval, they shall not be
submitted as part of a definitive
subdivision plan. If Form A's are shown
on a subdivision plan, and they have not
been previously approved, then such lots
shall be considered as part of the
subdivision.
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i.) Approval of ANR plans shall not insure
compliance of the lots altered or
created with the Zoning Bylaw of the
Town of North Andover.
j.) ANR Plans and the lots so created shall
be required to adhere to the
requirements contained in the
Subdivision Rules and Regulations
whenever applicable.
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b)
d)
e)
f)
g)
n)
i)
J)
k)
l)
2.) Information Required on ANR Plans
ANR plans shall be legibly drawn in
accordance with the Rules and Regulations of
the Registry of Deeds as amended pertaining
to plan size, material, lettering, and
related requirements and shall contain all
required seals and signatures required by the
Registry of Deeds prior to the recording of
said plan.
In the event that the following requirements
are not fully complied with by the applicant,
the submittal shall be considered null and
void and returned for a future submittal:
APPROVAL NOT REQUIRED PLANS (ANR)
SUMMARY OF SUBMITTAL REQUIREMENTS
Name of Owner/Location of Land
Locus Map
Statement of Al~R/Signature block for Board
Zoning Information
Lot Location/Land Area/Lot Number
Notice of Board of Appeals Decision
Abutting Property Owners
Names/Status of Existing Ways
Lot Lines/Frontage Totaled
Location of Structures/Setbacks/Septic Systems
Easements
Original Plans and (5) copies
The plan scale shall be forty feet (40') to
the inch or such other scale as the Board may
accept, and shall contain the following:
a.)
Identification of the plan by name of
owner of record and location of the land
in question, including the scale, north
point, date, and revision date(s) if
applicable.
b.)
A locus map at one to fifteen hundred
feet (1500') to the inch. Locus must
show at least one intersection of two
existing town roads.
c.)
The statement, "PLANNING BOARD APPROVAL
UNDER SUBDIVISION CONTROL LAW NOT
REQUIRED" and sufficient space for the
date and the Board signature.
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d.)
e.)
f.)
g.)
n.)
i.)
Zoning classification and location of
any zoning district boundaries that may
lie within the locus of the plan.
In the case of the creation of a new
lot, all the remaining land area and
frontage on the land in the ownership of
the apDlicant shall be shown. In the
event the remaining area is in excess of
four (4)) acres and the remaining
frontage is in excess of 200 feet, this
information may be conveyed as a note on
the plan.
Notice of any decisions by the zoning
Board of Appeals, including but not
limited to variances and exceptions or
special permits regarding the land or
any buildings thereon. Plans must be
signed by the Board of Appeals prior to
the Planning Board signing the plans.
Full and proper names of abutters from
the most recent tax list, unless the
applicant has knowledge of any changes
subsequent to the latest available Town
Assessor's records.
Names and status(private or public) of
streets and ways shown on the plan,
including the width of such street of
way.
Bearings and distances of all lines of
the lot or lots shown on the plan and
the distance to the nearest permanent
monument or road, sufficient to
establish all lines on the ground.
Frontage to each lot must be totalled.
j.) Accurate location of all existing
structures, including all wells, septic
systems, surface and subsurface
drainage, and building setbacks.
k.)
1.)
Location of all bounds, easements,
and/or encumbrances.
Each submittal must be accompanied by an
original and five (5) copies of the plan
and a filing fee as established by the
Planning Board.
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SUBMISSION OF PRELIMINARY SUBDIVISION PLANS
1.) General
The Planning Board utilizes preliminary
subdivision plans in order to generate comments from
town agencies and citizens regarding a proposed
subdivision of land in the town.
Comments received on this plan provides the
applicant and '~he Board with information on how to
proceed with a detailed definitive subdivision plan.
Preliminary subdivision plans may not be filed
with the Registry of Deeds plan, and remain in effect
in accordance with the Subdivision Control Law until a
definitive subdivision plan is filed with the Board.
2.) Procedure
The Planning Board shall follow the procedures as
outlined in M.G.L. Chapter 41, Section 81S. More
specifically, the following procedure will be followed:
a.)
Submission of a plan and application Form B
which meets the requirements of the Rules
and Regulations.
b.)
The Town Planner and the applicant will
review the information submitted prior to the
Form B receiving a time stamp from the Town
Clerk.
c.)
Upon acceptance of the plans and the time
stamp placed upon the Form B , the Planning
Department shall distribute copies to the
Town Departments for review.
The Board will review the plans during a
public meeting and receive additional input
from town departments, citizens and the
applicant.
e.)
The Board will take action on the plan within
the statutory time period allowed for in the
subdivision control law. The Board may take
the following actions:
1.) Approve the plan,
2.) Approve with conditions; or
3.) Disapprove the plan.
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The Board shall issue a written decision of
their action and file it with the Town Clerk.
f.)
Preliminary plans shall lapse within the
statutory time period allowed in the
subdivision control law unless a definitive
subdivision plan is formally submitted to the
Board for review.
g.)
Except as otherwise provided for in the
provisions of the Subdivision Control Law
relating to a plan shall not be applicable to
a preliminary subdivision plan and no
Registrar of Deeds shall record a preliminary
plan.
3.) Submission Requirements
PRELIMINARY SUBDIVISION PLAN
SUMMARY OF SUBMITTAL REQUIREMENTS
Plan at 1"=40' scale which includes:
1) Name of Applicant/Owner(Form B)
2) Zoning/Flood Information
3) Subdivision Name
4) Abutting Property Owners
5) Boundaries/North Arrow
6) Existing and Proposed Streets
7) Lot Dimensions
8) Easements
9) Drainage Improvements
10) Topography
11) Major Site Features
12) Key Map
13) Review Fees
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a.)
The following information provides more
detail regarding the above summary table. Any
questions regarding the information required
for a preliminary plan submission should be
directed to the Town Planner for
Clarification. Preliminary plan may be drawn
on tracing paper with pencil at a scale of
forty feet (40') to the inch and nine (9)
prints shall be filed at the office of the
Planning Board. Said preliminary plan should
show sufficient information about the
subdivision to form a clear basis for
discussion and for the preparation of the
definitive plan. This plan will, at a
minimum, provide the following information:
The name of the applicant, owner or
owners of record, and designer, together
with his or their addresses.
(2)
The zoning district in which the
proposed subdivision is located,
including the flood hazard areas as
determined by the Federal Emergency
Management Administration, if available.
(3)
The title under which the proposed
subdivision is to be recorded with the
Town Clerk, if approved.
(4)
The names and addresses of the owners of
property adjoining the land included
within the proposed subdivision, as they
appear in the most recent tax list,
submitted on Form E (see appendix).
(5) Boundaries, north point, date, scale,
legend, and title "Preliminary Plan".
(6)
The existing streets and streets
proposed to be constructed, identified
by the proposed name for each, together
with curves, paving, width of right-of-
way and preliminary street profiles.
(7)
The approximate boundary lines of
proposed lots, with figures showing the
dimensions of each and with the area of
each shown in square feet. Plus and
minus figures may be used. All lots
will be designated numerically and in
sequence.
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b.)
c.)
(8)
Existing easements and proposed for
utility lines, walks, and other rights-
of-way.
(9)
Existing and proposed drainage lines for
both storm water and surface water,
including adjacent existing natural
waterways. Existing and proposed water
and sewer facilities. Proposed
locations for detention/retention ponds
(10) Topographic contours shall be shown at
five (5) foot intervals.
(11) Existing major site features, such as
existing boundary stone walls and
fences, buildings, swamps and water
bodies.
Key Map - a Locus Map of the subdivision,
at a scale of 600 feet to the inch, and a
key map shown at a scale of 200 feet to the
inch showing exterior lines of all proposed
streets in the subdivision and their location
in relation to one or more existing streets,
or portions thereof, shown and readily
identifiable as to locus on the "Zoning Map,
North Andover, Massachusetts" as amended.
Fees as the Board may set for the review of
the preliminary plan.
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C~ SUBMISSION OF DEFINITIVE SUBDIVISION PLANS
1.) General
The purpose of definitive subdivision review is
to establish a plan which can be filed with the
Registry of Deeds office for the expressed purpose
of dividing property ownership in the town.
Ail of the procedures and information
contained in the Rules and Regulations shall be
met by the applicant. Failure to follow the
procedures and information standards listed, the
Planning Board shall deny the plan.
2.) Procedure
The Planning Board shall follow the
procedures outlined in M.G.L. Chapter 41, Section
81T, 81U and 81V inclusive. Specifically, the
following procedures shall be utilized for
definitive plan review:
a.)
The applicant shall submit the plans and
supporting materials to the Town Planner
as called for in the Rules and
Regulations prior to receiving a time
stamp from the Town Clerk. The Town
Planner shall certify that the plans and
materials submitted meet the
requirements of the Rules and
Regulations. Upon certification, the
applicant may receive a time stamp on
the Form C from the Town Clerk.
b.) The applicant shall supply an abutters
I list specified in the Subdivision
as
Control Law certified by the Assessors
Office. The Planning Office shall mail
a notice of public hearing to the
abutters prior to the Planning Board
meeting.
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o.)
e.)
The Planning Office shall place an
advertisement at the applicants expense
in a newspaper of general circulation in
town sufficient for time, place and
subject matter involved with the plan,
once in each of two (2) successive
weeks, with the first publication being
not less than fourteen (14) days prior
to the day of the public hearing.
The Planning Office shall distribute
copies of the plan and related
supporting materials to town departments
for review and comment. The applicant
shall be required to appear before the
towns Technical Review Committee as
specified in Section 4 of the Rules and
Regulations.
The public hearing shall be opened
during the Planning Board meeting upon
reading the advertisement and letters
submitted to the Board by town
departments. The Board shall review the
plans in public taking additional input
from the applicant, town officials and
citizens pertaining to the plan before
them.
f.) The Board shall vote to either:
1.) continue the public hearing
2.) close the public hearing, or
3.) accept a request for an extension
or withdrawal of the application
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The Board shall, in general, utilize the
following rules in voting on the above motions:
1.) Continue the Public Hearing
The Board may vote to take this action upon
reviewing the plans and finding that
additional information is needed in order to
obtain a complete record upon which to form-
ulate and base its decision, or requires ad-
ditional time to fully explore the existing
record and allow for additional input from
various parties of interest.
The Board may take this action if enough time
is available to continue the hearing within
the statuary time frame allowed by the
subdivision control law.
The Board will specify the time the hearing
will be continued and cite the information
and reasons for the continuance of the
hearing·
2. Close the Public Hearing
Upon making a finding that the record before
them is complete and sufficient in order to
render a decision, the Board shall vote to
close the public hearing and take the matter
under advisement. The Board may state a time
upon which a decision will be considered by
the Board for the application before them.
Accept a Request for an Extension or
Withdrawal of the Application.
The Board may at any time accept a request
from the applicant to either extend the
statutory time period upon which the Board
must act, or withdraw the application from
the Boards consideration.
The applicant shall submit a extension re-
quest form to the Board granting a extension
to a specific time, whereupon the Board must
render its decision.
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The Board may consider a withdrawal of the
application once the public hearing is
opened. The Board may at that time vote to
accept or deny the request, once received by
the applicant.
If the Board receives a written request to
withdraw which is time stamped by the Town
Clerk prior to the advertisement of the
hearing, the Board shall accept the with-
drawl request as required by state law.
g)
The Board shall prepare a draft decision for
the plan and review it during a public
meeting. The Board may add and change condit-
ions to the draft upon reading them into the
record. The Board may also request comments
from parties of interest prior to voting on
the decision. The Board shall entertain a
motion, and upon a majority vote, take action
on the matter before them.
The Board shall take final action on a Definitive
plan within the time frame specified by the
Subdivision Control Law.
h) The Board shall file the decision with the
Town Clerk within the fourteen (14) days upon
voting on the decision. The Board shall mail a
notice of the decision to the applicant by
registered mail, at the address stated on the
application.
i) Upon the expiration of the twenty (20) days
appeal period, upon filing the plan with the
Town Clerk, the applicant may submit his plans
to the Planning Board for signing and filing
documents as specified in Section 6 in order to
file the plan in the Registry of Deeds office.
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3.) SUBMISSION REQUIREMENTS
a)
b)
c)
d)
e)
f)
g)
h)
i)
J)
k)
DEFINITIVE SUBDIVISION PLANS
SUMMARY OF SUBMITTAL REQUIREMENTS
Filing Forms(Forms C,D,E)
Key Map
Septic Tests
Drainage Analysis
Ownership/Encumbrances
Construction Schedule
Soil Map
Review Fees
Erosion Control Plan
Specialized Engineering
Plans at 1"-40" scale which shall include the following
1) Name of Applicant/Owner
2) Zoning Information
3) Subdivision Name
4) Abutting Property Owners
5) North Arrow
6) Boundary Survey
7) Existing/Proposed Streets
8) Lot Dimensions
9) Easements
10) Drainage Improvements
11) Topography
12) Existing Tree Line
13) Location of Septic Test Holes
14) Major Site Features
15) Survey
16) Street Profiles
17) Street Cross-Sections
18) Signature Block for Board
19) Location of Existing Septic Systems/Wells
20) Land Not Subdivided
21) Statement of Environmental Impact
The following information provides more detail
regarding the above summary table. Any questions
regarding the information called for a Definitive Plan
submittal should be directed to the Town Planner for
clarification.
a.) Forms: Form C - application for approval
Form D - designers certificate
Form E - list of abutters
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b.)
c.)
Kev MaD - a locus map of the subdivision, at
a scale of 600 feet to the inch and a key map
shown at a scale of 200 feet to the inch,
showing exterior lines of all proposed
streets in the subdivision and their location
in relation to one or more existing streets,
or portions thereof, shown and readily
identifiable as to locus on the "Zoning Map,
North Andover, Massachusetts" as most
recently amended.
Seepage Test Data - in areas not served by
Town sewers, percolation rate a n d
spring watertable data shall be submitted in
accordance with the provisions of Title V of
the State Regulations shall be in such
detail and form as may be required by the
Board.
Drainaqe Analysis shall be prepared by a
Registered Professional Engineer to
substantiate all proposed drainage facilities
and sizes. Computations shall indicate
existing as well as proposed rUn-off peaks
flows and volumes and shall be based upon the
following design storms:
A two (2) and ten (10) year storm for
all street and lot drainage, and a one
hundred (100) year storm for all major
cross drainage and brooks, or in other
areas where in the opinion of the
Planning Board such run-off may be
detrimental to the health, welfare, and
well being of a the general public.
Ail drainage computations shall show the
impact (increase or decrease) of run-off peak
flows and volumes at the point(s) of outlet
of the subdivision boundaries, for the ten
(10) and one hundred (100) year storm event.
The Board may require that the applicant or
developer mitigate the run-off to 0% increase
in the rate of run-off. All drainage comput-
ations shall account for house, driveway, and
grading on the lot.
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e.)
f.)
n.)
i.)
j.)
If surface water drains discharge onto
adjacent existing streets or onto adjacent
properties not owned by the applicant, he
shall present evidence to the Planning Board
that such discharge is satisfactory,
permitted, and does not cause any detrimental
effects to public or private property.
Ownership/Encumbrances The applicant shall
provide a pre-development and post-
development hydrology map for analysis by the
Department of Public Works. Evidence of
transfer of ownership, language of any
easements, covenants, or deed restrictions
applying or proposed to apply to the area
being subdivided, rights and easements
obtained for utilities or drainage outside of
the subdivision.
Specialized Enaineerin~ Services In order
to determine compliance with the requirements
or intent of this Regulation, the Board may,
in its discretion, require specialized
engineering or environmental analyses to be
prepared at the expense of the applicant.
Construction Schedule, which specifically
details the various phases of construction,
along with the proposed dates when the phases
will be completed.
Soil Map Soil types based on U.S.D.A. Soils
Study and location and results of soil
percolation or subsurface tests.
Fees: As the Planning Board may set for the
review of subdivision plans.
Erosion Control Plan Description of erosion
and sediment control methods to be employed,
both during and after construction. In order
to reduce erosion accompanying any and all
construction activities and the resultant
pollution of streams, wetlands, and natural
drainage areas, the applicant shall submit an
Erosion and Sediment Control Plan, which
shall include at the minimum the following
control methods such as berms, dikes,
retention ponds, mulching, temporary sodding,
and hay bales. Said plan shall conform to the
requirements of the NACC.
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k.)
Definitive Plans An original drawing of the
Definitive Plan, prepared as hereinafter
prescribed, and nine (9) prints thereof.
The Definitive Plan shall be prepared by an
engineer or surveyor, registered in the
Commonwealth of Massachusetts, and shall be
clearly and legibly drawn in black waterproof
ink upon tracing cloth. Final plans
submitted for approval shall be 24" by 36" in
overall dimensions. A margin of 1.5" shall
be allowed on the left hand edge for binding.
The other three sides shall have .5 inch
margins.
The plan shall be at a horizontal scale of
one inch to each forty feet (1"=40'). Where
necessary, the plan may be on several sheets,
but in such case, matching lines and
consecutive numbering shall be provided.
The Definitive Plan shall contain the
following information:
a.)
The name of the applicant, owner or
owners of record, and designer, together
with his or their addresses.
b.)
The existing zoning district which the
proposed subdivision is located.
c.) The title under which the proposed
subdivision is located.
d.)
s.)
The names and addresses of the owners of
property adjoining the land included
within the proposed subdivision, as they
appear on the most recent tax list,
submitted on Form E (see appendix).
North point, date, scale, and legend.
Boundary survey made and certified to by
a land surveyor registered by the
Commonwealth of Massachusetts.
g.)
The existing and proposed streets to be
constructed, identified by the proposed
name for each, together with stations,
curves, paving, and width of right-of-
way. If temporary cul-de-sacs are built
in order to adhere to the towns' phase
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n.)
i.)
j.)
k.)
development bylaw, all such plans shall
be submitted showing their location and
proposed method of construction.
The proposed lots, with figures showing
the dimensions of each and with the area
of each shown in square feet. All lots
will be designated numerically and in
sequence. All lots shall list the
contiguous building area provided in
accordance with Section 7.1 of the
Zoning Bylaw.
Existing easements and proposed
easements for utility lines, including
gas and electrical services, walks or
paths, and other rights-of-way including
common driveways.
Existing and proposed drainage lines for
both storm water and surface water,
including adjacent existing natural
waterways, such as ponds and brooks.
Existing and proposed water and sewer
facilities.
Topographic contours - the Definitive
Plan shall include a grading plan
showing existing and proposed contours
at two (2) foot intervals. All proposed
changes in topography, either due to
filling of wetlands and excavation
and/or septic design, proposed dwelling
and driveway locations, grading, shall
be incorporated into a final topographic
grading plan of the subdivision showing
specifically the lot grading so as to
give the Planning Board sufficient
information to determine that surface
run-off from adjacent areas do not cause
detrimental damage to other lots and/or
areas within or adjoining the
subdivision.
Sufficient contours (approximately fifty
feet from the exterior property lines)
of adjacent land shall be shown to
determine the watershed affected by the
storm drainage system. Where the
watershed is sufficiently large, a
supplemental plan may be submitted. A
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Hydrologic Section Plan for large
projects (over twenty lots) shall be
provided which shows the entire
subdivision and the entire watershed
which contains the subdivision under
review.
The edge of all wetland areas, as
specified in M.G.L. Chapter 131, Section
40 and the towns Wetland Bylaw, shall be
delineated. Spot elevations shall be
shown on very flat areas.
1.) Existing forested areas, as indicated by
foliage line.
m.) Location of observation holes and
percolation tests with results.
n.) Existing major site features, such as
existing stone walls, fences, buildings,
large trees, rock ridges and
outcroppings, including edge of existing
pavement of roadways where such abuts
the subdivision.
o.) Sufficient data to accurately determine
readily the location, bearing, and
length of every street and way line, lot
line and boundary line, and to reproduce
same on ground. All bearings shall be
~.rue. maqnetic, or Grid, and the north
arrow,as shown on the plan shall
indicate this clearly. Location of all
permanent monuments, properly identified
as to existing or proposed.
Profiles of proposed streets, showing
existing and proposed grades along the
center line and side lines of each
street, together with figures of
elevation at the top and bottom of all
even grades and at twenty-five (25) foot
intervals along all vertical curves,
marks or other duly recorded bench
marks.
The horizontal scale of the profiles
shall be forty feet to one inch.
Profiles shall also show the size and
location of all existing and proposed
storm drains, water mains, sewer mains,
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q.)
r.)
s.)
t.)
and appurtenances thereto. Lines and
figures indicating existing and proposed
grades. All survey data shall refer to
U.S. Coast and Geodetic Survey bench
marks or other duly recorded bench
marks. The location and elevation of
the starting bench mark shall be
indicated on the layout plan.
Profiles shall also be provided showing
existing and proposed grades of sewer
and drain installation in proposed or
existing easements and on existing town
streets where utility installation is
proposed.
The stationing of all monuments, water,
and drainage facilities shall be shown
on the plan and profile.
A permanent bench mark will be set and
shown for each separate profile sheet,
with its datum. Where another
subdivision and/or NGS bench mark exists
within 500 feet, the subdivision will be
connected into such.
Typical cross-section of the streets
with paving, shoulders, curbs or berm,
and sidewalks, in sufficient detail to
clearly show construction features.
suitable space to record the action of
the Board in the form of conditions of
approval and the signatures of the
members of the Board. Sufficient space
shall be provided to note any conditions
of approval to be recorded with the
plans in the Deeds office.
Location of any existing septic systems
or private wells.
Adjoining land of the owner, developer,
or applicant not being subdivided shall
be shown.
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4.) STATEMENT OF ENVIRONMENTAL IMPACT
The Board may waive any section, or sections of
the Statement which it deems inapplicable to the
proposed project. The developer should discuss
the requirements with the Town Planner prior to
the submission of a Definitive Plan. The
Statement should include, at the minimum, the
following information:
a.) ToDoqraph¥ of Existing Site Features
A set of plans at uniform scale shall be
submitted in conjunction with the
Environmental Impact Statement, encompassing
the entire subdivision on a single sheet not
larger than 42" by 60" showing the following:
(1)
Present topography at two (2) foot
intervals, with graphic drainage
analysis, location of existing
structures, including fences and walls;
(2) Vegetative cover analysiS, including
identification of general cover type,
(wooded, cropland, brush, wetland,
etc.), location of all major tree
groupings, plus other outstanding trees
or other botanical features, important
wildlife habitats, and identification of
areas not to be disturbed by
construction;
(3) Approximate surface and subsurface water
level and seasonal high ground water
mark.
(4) Soil types based on U.S.D.A. Soils study
and location of soil percolation tests.
b.) Physical Environment
(1)
Describe the general physical conditions
of the site including amounts and
varieties of vegetation, general
topography, unusual geologic, scenic,
and historical features, trails, open
space and indigenous wildlife;
(2) Describe how project will affect the
features described above;
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(3)
Provide a complete physical description
of the project, and its relationship to
surrounding area.
c.) Surface, Water, and Soils Conditions
(]-)
Describe the location, extent, and type
of existing water bodies and wetlands,
including existing surface drainage
characteristics, both within and
adjacent to the project;
(2)
Describe the methods to be used during
construction to control erosion and
sedimentation; which shall include at
the minimum use of sediment basins and
type of mulching, matting, or
temporary vegetation, describe
approximate size and location of land to
be cleared at any given time an length
of time and exposure; covering of soil
stockpiles; and other control methods
used. Evaluate the effectiveness of
proposed methods on the site and on the
surrounding areas,
(3)
Describe the permanent methods to be
used to control erosion and
sedimentation. Include description of:
a.) any areas subject to flooding or
retention of water;
b.) proposed surface drainage system;
c.) proposed land grading and permanent
vegetative cover;
d.) methods to be used to protect
existing vegetation;
e.) the relationship of the development
to the topography;
f.)
g.)
any proposed alterations of shore
lines, marshes, or seasonal wet
areas;
any existing or proposed flood
control or wetland easements;
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(4)
n.)
estimated increase of peak run-off
caused by altered surface
conditions, and methods used to
mitigate and impact and/or return
water to the soil.
Completely describe sewage disposal
methods. Evaluate impact of disposal
methods on surface water, soils, and
vegetation;
I d.) Subsurface Conditions
(1) Describe any limitations
on
project caused by subsurface
proposed
soil and
water conditions, and methods to be used
to overcome them;
(2) Describe procedures and findings of
percolation tests conducted on the site;
(3) Evaluate impact of sewage disposal
methods on quality of subsurface water;
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e.) Town Services
Describe estimated traffic flow at peak
periods and proposed circulation
pattern;
(2) Describe effect of project on police and
fire protection services;
(3) Describe effect of project on Public
Works Department;
(4) Describe effect of project on
educational services;
(5) Describe effect of project on the town
water supply and distribution system;
(6) Describe effect of project on the town
sewer system.
f.) General Fiscal Immact to the Town
Summarize briefly environmental and
fiscal impacts the subdivision will have
upon entire town. Environmental impacts
in terms of impacts on water quality,
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flood control, erosion and fiscal
impacts in terms of increased water and
sewer use, increases in school age
children and demand on public services
such as Police and Fire.
SECTION 4. P~EVIEW OF PLANS SUBMITTED - TOWN DEPARTMENTS
A. REVIEW BY THE TECHNICAL REVIEW COMMITTEE (TRC)
Ail preliminary and definitive subdivisions plans
shall be reviewed by the TRC prior to the initial
review or public hearing held by the Planning Board.
The purpose of this requirement is to facilitate the
coordination of review by town departments prior to the
Planning Board reviewing the project.
Revisions to plans proposed by the TRC shall be
submitted to the Board during the first public hearing
before the Planning Board.
B~ STANDARDS OF REVIEW BY TOWN DEPARTMENTS
1.)
Planning Department
This department is charged with administering
the Zoning Bylaw and the Subdivision Rules
and Regulations. Additional concerns related
to environmental protection, public safety
and implementation of town plans, studies and
policies will also be reviewed by this
department.
2.)
Fire Department
This department is charged with public safety
and fire safety concerns as they relate to
physical improvements within the town.
Adequate access for fire and emergency
vehicles is a critical concern of this
department.
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3.)
4.)
5.)
6.)
7.)
Police Department
This department is charged with public safety
and crime prevention. This department is
also concerned with traffic impacts of
proposed projects, including the number,
speed of automobiles, location and sight
distance of roads for automobiles within the
town and other traffic control issues.
Department of Public Works
This department is concerned with physical
improvements in the town both public and
private. These improvements include: the
provision of water, sewer, roads, and storm
water drainage to proposed development.
Town design standards are employed by this
department for the facilities listed above
and are available from the department.
Conservation Commission
The Commissions primary role is administering
the Commonwealths Wetlands Protection Act and
the Town's Wetland Bylaw. The commission is
also concerned with environmental protection,
open space preservation, and the preservation
of wildlife habitat.
Board of Health
The Boards primary concern is administering
Title V related to septic suitability and the
design and placement of septic facilities.
The Board is also concerned with overall
public health and safety issues related to
the environment.
Special Consultant (s)
The Planning Board may in order to determine
compliance with the requirements or intent of
the Rules and Regulations, require
specialized engineering or environmental
analysis to be prepared at the expense of the
applicant.
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SF. CTION 5. ~%~IEW STANDARDS FOR PLANS
A. ANR PLANS
The Planning Board shall utilize the following
standards in reviewing ANRplans:
1.)
The ANR plans must meet the informational
requirements of the Rules and Regulations as
specified in Section 3.
2.)
The plan shall show lots of adequate frontage
and lot area in accordance with the zoning
Bylaw.
3.)
The ANR application form shall be completely
filled out with the signatures of all the
property owners involved in the plan.
4.)
The lots shown must front on a way which is
improved to a standard acceptable to both the
Planning Board and the Division of Public
Works.
Failure of the ANR plan to meet any of the above
listed standards shall be cause for the Board to refuse
to sign the ANR plan.
Should the plan show a subdivision of land as
specified in the Subdivision Control Law and Section
2(B) of the Rules and Regulations. The Planning Board
shall indicate that the plan shows a subdivision and
file a Form A with the Town Clerk to so indicate.
Should the way require improvement to a standard
acceptable to the Planning Board and the Division of
Public Works, the Board shall require a security bond
as specified in Section 6 of the Rules and Regulations,
which is sufficient as indicated by the Division of
Public Works to improve the way, prior to signing an
ANR plan.
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B. PRELIMINARY SUBDIVISION PLANS
The Planning Board shall utilize the following
standards in reviewing Preliminary Subdivision Plans:
The Preliminary Plan shall include all of the
information indicated in Section 3 of the
Rules and Regulations.
2.)
The Preliminary Plan shall adhere to all of
the design standards indicated in Section
7 of the Rules and Regulations.
3.)
The preliminary plan shall comply to all of
the review comments submitted by various town
departments in order to comply with state law
town bylaws, or protect the public health,
safety, and welfare of the town.
The Planning Board based upon the outline of
standards listed above, shall either:
(a) approve, or
(b) approve with conditions, or
(c)
deny a preliminary subdivision and file
the decision with the Town Clerk in
conformance with the requirements of the
Subdivision Control Law.
C. DEFINITIVE SUBDIVISION PLANS
The Planning Board shall utilize the following
standards in reviewing Definitive Subdivision Plans:
The Definitive Plan shall include all of the
information indicated in Section 3 of the
Rules and Regulations.
2.)
The Definitive Plan shall be in conformance
with the purpose and intent of the
Subdivision Control Law.
3.)
The Definitive Plan shall adhere to all of
the design standards as indicated in Section
? of the Rules and Regulations.
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4.) The Definitive Plan shall comply to all of
the review comments submitted by various town
departments in order to comply with state
law, town bylaws, or insure the public
health, safety, and welfare of the town.
5.)
The Definitive Plan shall comply to all
standards and requirements the Zoning
Bylaw and the Board of Health.
The Planning Board based upon the outlined
standards listed above, shall either:
(a) approve, or
(b) approve with conditions, or
(c) deny a definitive subdivision and file
that decision with the Town Clerk in
compliance with the Subdivision Control
Law.
D. WAIVER OF REQUIREMENTS/OR STANDARDS
The Planning Board may in any particular case,
where such action is in the public interest and not
inconsistent with the intent and purpose of the
Subdivision Control Law, as specified in M.G.L. 41,
Section 81R, waive strict compliance with its Rules
and Regulations.
The Board may waive the requirements and standards
in the Rules and Regulations upon the written request
of the applicant stating the reasons why the strict
requirement of the rule is inappropriate, and upon
written verification of the town department(s) whose
role is advise the Board on specific design review and
laws pertaining to that portion the Subdivision Control
Law, the Board shall state its findings for acceptance
or rejection of the waiver request in its decision
filed with the Town Clerk.
E. COMPLIANCE WITH THE RULES AND REGULATIONS
Ail plans submitted to the Planning Board for
review shall comply with the Subdivision Rules and
Regulations. Failure to comply with the Rules and
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Regulations shall give the Planning Board the authority
to request that the applicant withdraw the plan before
the Board. If the applicant fails to withdraw the
application before the Board may then deny the plan
upon failure to comply with the procedures or standards
of the Subdivision Rules and Regulations.
SECTION 6.
FILING I~EOUII~E)~%~TS, LOT RET~ASE PROCEDURE
AND CONSTRUCTION OF TBE SUBDIVISION
A. PLANS IN CONFORMANCE WITH PLANNING BOARD DECISION
The applicant shall schedule a meeting with the
Town Planner in order to insure that the plans conform
with the Boards decision prior to the plans being
signed by the Board.
B. PERFORMANCE GUARANTEE
Prior to endorsement, the applicant shall provide
a performance guarantee to the Planning Board in order
to ensure that the subdivision shall be constructed in
conformance with the Rules and Regulations and the
Boards decision.
The performance guarantee can be in the form of a
covenant FORM I or a bond FOrms F,G,.H,K, or R said
documents must be properly filled out and submitted to
the Town Planner for review prior to submitting the
plans to the Board for signing, at least five (5) days
in advance of a meeting of the Planning Board.
1.) Final Approval with Bonds or Surety
Construction may be secured by a proper bond or a
deposit of money or negotiable securities, sufficient
in the opinion of the Board to secure performance of
the construction of ways and the installation of
municipal services required for lots in the subdivision
shown on the plan. Such bond or security if filed or
deposited shall be approved as to form and manner of
execution by the Town Counsel, and shall be contingent
on the completion of such improvements within two (2)
years of the date of filing or deposit. Forms F.
G,H.K.R (see appendix).
2.) Final Approval with Covenant
Instead of filing a bond or depositing surety, the
subdivider may request approval of his Definitive
Plan on conditions that no lot in the subdivision
shall be conveyed, except by mortgage deed, and no
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3.)
building shall be erected thereon until the
improvements specified are constructed and
installed so as to serve the lots adequately.
If a developer chooses to secure performance by
executing a covenant pursuant to M.G.L. Chap-
ter 41, Section 81-U, the following provision
shall be included in such covenant:
"The construction of all ways and the instal-
lation of all municipal services shall be com-
pleted in accordance with the applicable rules and
regulations of the board within two (2) years
from the date the decision of the Planning Board
is filed with the Town Clerk. Failure to so
complete shall automatically rescind approval
of the plan."
Such conditions shall be secured by a covenant
running with the land, referred to on the plan and
recorded in the Registry of Deeds. W~en the
subdivider has completed the required improvements
specified for any lots in a subdivision, he may
request a release of the covenant for said lots.
If the Board determines that the improvements have
been completed, the Board will release the
covenant by appropriate instrument, which shall be
in form for recording in the Registry of Deeds.
Thereafter, the covenant relating to such lots and
so released shall terminate. Forms I. J (see
appendix).
At the discretion of the Board, and upon receiving
input from the Division of Public Works; a time
extension may be granted for a period not to
exceed one (1) year, provided that such an
extension may be conditioned upon an increase in
the amount of such bond or security as determined
by the Board and the Division of Public Works.
C. LOT RELEASE BY THE PLANNING BOARD
The applicant shall submit a lot release Form J,
to the Board for signing. This document must be filed
with the Town Planner prior to releasing lots for
building permits under the Form U procedure.
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D, ~ASEMENT AND UTILITY AGREEMENT
The applicant shal} su~mlt to the Town Planner a
FORM M for all the utilities and.easements placed on
the s~bdivision, the Board shall sign the document and
it shall be filed with the Registry of Deeds Office.
E. CONFIRMATION OF FILING WITH THE REGISTRY OF DEEDS
OFFIC__E . . .
Upon receiving all of the signatures from the
Planning Board on the documents listed in this section,
the applicant shall file the plan with the Registry of
Deeds Office.
Three (3) complete copies of the plans and two (2)
copies of the documents which contain the Registry of
Deeds stamp shall be submitted to the Town Planner as
proof of filing. No signatures shall be placed upon a
FORM U prior to the applicant submitting to the Town
Planner proof that the plans and required documents
have been filed.
F.? CONSTRUCTION OF THE SUBDIVISION
The following procedure shall be followed by town
departments prior to the developer starting
construction or any related improvements to an
approved subdivision:
1.) Department of Public Works
a.)
A copy of the final subdivision plan
filed with the Registry of Deeds office
shall be submitted and approved.
Obtain all permits required by North
Andover Division of Public Works, and
arrange a preconstruction conference
between the construction superintendent
and DPW staff.
c.)
Interim as built plans received for the
following improvements upon
construction: roadways, sewer, water,
drainage, and all utilities. The as
builts shall be designed in accordance
with DPW standards.
2.) North Andover Conservation Commission
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a.)
b.)
e.)
f.)
g.)
n.)
Record the Order of Conditions at the
Registry of Deeds.
Submit to the NACC any additional plans,
schedules, or information, if specified
in the Order. Obtain NACC's approval if
necessary, through Commission or Agent.
Complete other requirements as specified
in the Order (replace wetland flags,
verify wetland delineation, etc.)
Post a sign at the site bearing the DEQE
File Number. Sign must be the size
specified in the Order.
Post bond as specified in the Order (if
passbook or certified check, must be
payable to the Town of North Andover and
to applicant.)
Notify the NACC of the identity of the
construction supervisor who will be on
site.
Arrange an on-site conference with the
NACC to review this Order.
Install erosion controls as specified in
the Order, including stockpile of
emergency - use hay bales and stakes, if
required.
3.) Planning Board
a.) A copy of the final subdivision plan
filed with the Registry of Deeds office.
b.) A copy of all required documents filed
with the Registry of Deeds office.
4.) State Approvals
Any state approvals required for the
subdivision shall be filed with the
Department of Public Works and the
Planning Board office prior to
commencing work on the subdivision.
Failure to provide the documents and
requirements listed above shall constitute a
violation of the Subdivision Rules and
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Regulations and shall allow the town to issue
a stop work order.
G. "FORM U" PROCEDURE LOT RELEASE BY TOWN DEPARTMENTS
Upon proof of the plans and documents being
properly filed with the Deeds office, the applicant or
successive property owners for the lots contained in
the subdivision may request a building permit from the
Building Inspector and receive a FORM U to be submitted
to town departments to certify compliance with town
bylaws; prior to the issuance of a building permit.
A plot plan shall be submitted, which consists at
the minimum the following information; a) location of
the structure, b) location of the driveway(s), c)
location of the septic system(s) if applicable, d)
location of all water and sewer lines, e) location cf
wetlands and any site improvements required under a
NACC order of condition, f) any grading called for on
the lot; and, g) all required zoning setbacks shall be
shown.
Failure to provide this information may allow a town
department to withhold signatures upon a Form U.
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SECTION 7
SUBDIVISION DESIGN STANDARDS
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 to the attractiveness of the
street layout in order to obtain the
maximum livability and amenity of the
subdivision.
b.)
The proposed streets shall conform to a
Master Street Plan adopted in whole or
in part by the Board.
c.)
Streets shall be continuous and in
alignment with existing streets, so far
as practicable, and shall provide a
convenient system with connections
adequate to insure free circulation of
vehicular travel.
If adjoining property is not subdivided
but is, in the opinion of the Board,
suitable for a future 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.
e.)
Temporary dead-end streets, laid out to
permit future projection, shall conform
to the provisions of alignment, with,
and grade that would be applicable to
such streets, if extended.
f.)
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.
g.)
Street jogs with centerline off-sets of
less than one hundred twenty-five (125)
feet shall not be permitted.
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n.)
i.)
The minimum centerline radii of curved
streets shall be one hundred (150) feet.
Greater radii may be required for
principal streets.
Streets shall be laid out so as to
intersect as nearly as possible at right
angles. No street shall intersect any
other street at less than ~ixt¥ (60)
de~rees.
j.)
The intersection of street lines and the
transition to turnarounds shall be
accomplished by means of a curve. The
complete curve data shall be shown on
the plans. The minimum radius at
turnarounds shall be thirty (30) feet.
The minimum radius at the street line
shall be as listed in the following
table:
Intersecting AnGle
(in deqrees)
Radius (in feet)
85-90 30
75-85 35
65-75 40
60-65 45
When intersection of two streets varies more than
ten (10) degrees from a right angle, the radius of
the curve at the obtuse angle shall be thirty (30)
feet.
k.)
The Board shall require that roadway and
driveway intersections have adequate
visibility for automobiles. If sight
distance is restricted, the Board shall
request an easement to improve the sites
visibility.
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2.)
3.)
WIDTH
a.)
Residential Streets - In all residential
zones the street right-of-way width
shall be fifty (50) feet.
Business and Industrial Zones - In all
Business and Industrial zones, the
street right-of-way width shall be a
minimum of sixty (60) feet.
c.)
Cul-de-sac Turnarounds - The street
right-of-way at turnarounds shall be a
minimum of one hundred twenty (120) feet
in diameter.
Cul-de-sac Turnarounds with Islands-
The street right-of-way shall be a
minimum of two hundred (200) feet in
diameter and include and island sixty
(120) feet across at the center of the
turnaround.
Increase/Reduction of Width - The Board
may increase or reduce the width of the
right-of-way upon receiving
recommendation by the Division of Public
Works regarding the advisability of such
action deemed necessary for the present
and future vehicular travel demand;
and/or due to the preservation of
existing site features such as
hillsides, wetlands, and the reduction
of cutting and filling due to topography
conditions found on the site.
GRADE
a.)
Grades of streets shall not be less than
one percent (1.0%) nor more than six
percent (6.0%).
Where the grade of any street at the
approach to an intersection exceeds four
percent (4.0%), a levelling area shall
be provided having not greater than two
percent (2.0%~ grade for a distance of
fifty feet (50'), measured from the
nearest exterior line of the
intersecting street.
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c.)
Adequate sight distance for a speed of
thirty (30) miles per hour should be
provided on vertical curves.
d.)
Grades greater than 6~0% shall be
allowed upon receiving a recommendation
from the Division of Public Works
regarding the advisability of increasing
the grade allowed due to extensive
cutting and filling, maintenance,
expected level of traffic and public
safety considerations.
Roadways with grades greater than 6.0%
shall provide granite curbs.
4.) DEAD-END STREETS
a.)
Dead-end streets shall not be longer
than the following distances, given the
zoning of the property involved in the
subdivision plan:
Zoning District
Street Length
Residential-1 (R-l)
Residential-2 (R-2)
Residential-3 (R-3)
800 feet
600 feet
500 feet
Dead-end streets shall be provided at
the closed end with a turnaround having
an outside property line diameter of at
least one hundred twenty feet (120').
c.)
Dead-end streets may be longer than the
required maximum length, if the Board
makes a finding that all the conditions
listed below are met by the subdivision
plan:
(~-)
The roadway might be extended into
adjacent property in the future to
allow the continuation of the
roadway or to help facilitate a
roadway connection.
(2)
No wetlands shall be impacted,
except in cases where the property
could not gain access accept for
driveways over two hundred feet
(200') long.
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(3)
(4)
Topography of the area is level and
will not be impacted by a roadway
which will necessitate extensive
cut and fill of the existing
topography.
The Roadway once constructed will
not exceed grades over 6%.
STREETS AND ROADWAYS
The entire area within the exterior lines of
all streets in the subdivision shall be
cleared of all stumps, brush, roots,
boulders, like material, and all trees not
intended for preservation.
2.)
Ail loam and other yielding material shall be
removed from the roadway area of each street
or way and replaced with suitable material.
3.)
Ail roadways shall be constructed and
inspected in compliance with specifications
of the Division of Public Works.
4.)
Roadways shall be constructed for the full
length of all streets in the subdivision,
except in cases where provision has been made
for projection of a street to adjoining land.
The center line of such roadways shall
coincide with the center line of the exterior
street lines unless a deviation is
specifically authorized by the Division of
Public Works.
The minimum width of pavement for
roadways between curb lines shall be as
follows:
Pavement Sections for Residential Zones:
Major Streets: thirty (30) feet and a
gravel base of 33 feet
Secondary Streets: twenty-six (26) feet
and a gravel base of
29 feet.
Minor Streets: twenty-two (22) feet and a
gravel base of 25 feet.
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5.)
6.)
7.)
Pavement Sections for Business or Industrial
Zones:
Ail Streets: forty (40) feet and a gravel
base of 43 feet.
Greater or lesser pavement width shall be
required by the Planning Board where deemed
necessary for present and future vehicular
travel upon receiving a recommendation to so
act by the Division of Public Works.
The roadways in approved turnarounds shall be
paved over their entire area to an outside
diameter of at least one hundred (100) feet.
Ail roadways shall be brought to a finished
grade as shown on the profiles of the
Definitive Plan with at least the top
fourteen (14) inches consisting of eight (8)
inches of good quality bank run gravel with
no stones larger than six (6) inches and six
(6) inches of processed gravel on top of this
and shall be provided with a finished surface
for their full width and length as follows:
Ail roadways with grades in excess of five
(5%) percent shall provide sloped granite
curbs in compliance with DPW standards.
Residential Zones:
a.)
Major Streets - Four (4) inch bituminous
concrete, Type I, consisting of a two
and one-half (2.5) inch binder coat and
a one and one-half (1.5) inch wearing
surface.
b.)
Secondary Streets - Three and one-half
(3.5) inch bituminous concrete, Type I,
consisting of a two (2) inch binder coat
and a one and one-half (1.5) inch
wearing surface.
¢.)
Minor Streets - Three and one-half (3.5)
inch bituminous concrete, Type I,
consisting of a two (2) inch binder coat
and a one and one-half (1.5) inch
wearing surface
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II. Business and Industrial Zones:
Ail Streets - Four (4) inch bituminous
concrete, type I, consisting of a two and
one-half (2.5) inch binder coat and a one and
one-half (1.5) inch wearing surface.
7.)
When deemed necessary to protect the adjacent
land from erosion by the elements, bituminous
concrete berms shall be constructed along the
sidelines of the roadway.
8.)
The intersection of roadway curb lines and
the transition to turnarounds shall be
accomplished by means of a curve. The
minimum radius at the curb line shall be as
listed for street lines.
SHOULDERS
Ail areas between the exterior street lines
and the curb lines of the roadways thereon
which are not occupied by sidewalks shall be
graded, and seeded with grass seed. The loam
shall be graded so that the surface at the
exterior street lines shall be eight (8")
inches higher than at the curb line of the
roadway.
Eight (8) foot shoulders shall be provided
with 2:1 side slopes.
2.)
Where a driveway occurs in the shoulder area,
the driveway shall be laid so that there is a
straight grade from the exterior street line
to the curb line of the roadway.
3.)
The entire width between the exterior
street lines shall be graded. Stabilized
shoulders shall be constructed on each side
of the roadway.
4.)
In no case shall side slopes outside of the
exterior street lines steeper than two (2)
feet horizontal to one foot (1') vertical be
constructed except in rock or definite ledge
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5.)
6.)
formation, where the maximum allowable slope
shall be one four (1') horizontal to four
feet (4') vertical. These Maximum slopes
shall apply from the street lines to the
finished grade of adjacent lots.
Where maintenance of required slopes is
impractical, retaining walls may be
constructed, with approval of the Board, of a
type specified by the Division of Public
Works.
Ail slopes outside the exterior street lines
shall be turfed or seeded with grass seed,
except those in rock or ledge formations, as
soon after roadway construction as practical,
as may be determined by the Division of
Public Works, to prevent erosion.
SIDEWALKS
1.)
Sidewalks of not less than five (5) feet in
width shall be constructed on one or both
sides of the street in conformity with
specifications of the Division of Public
Works when, in the opinion of the Board, such
sidewalks are necessary to promote the safety
of pedestrians in the town.
2.)
A six (6) inch layer of compacted gravel must
be laid under the sidewalk, with a two (2)
inch bituminous concrete top layer. The
grade of the sidewalk shall conform to the
finished grade of the adjacent roadways. The
location shall be adjacent or five (5) feet
from the pavement section of the road.
3.)
Bikeways and footpaths may be a part of the
normal sidewalk provisions. They shall be
designed with a minimum ten (10) foot right-
of-way, six to eight (6 to 8) foot width,
maximum gradient of five percent (5%), except
for short segments and a minimum radius of
twenty-five (25) feet.
4.)
Public bikeways or footpaths may be required
by the Board to provide circulation or access
to schools, recreational areas, shops,
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transportation, or community facilities, or
for other reasons deemed appropriate by the
Board to promote safe access to important
areas of the town or tow heavily traveled
locations.
STREET TREES
Street trees, of a size and species approved
by the Division of Public
Works, shall be planted on each side
of every street in the subdivision wherever,
in the opinion of the Division of Public
Works, existing woodlands or suitable
individual trees are not retained.
2.)
Existing trees standing within the exterior
street lines which, because of their
location, species, and condition are suitable
for preservation, shall be shown on the
subdivision plan and shall be preserved by
the subdivider. The method utilized for their
preservation shall be shown on the plan.
3.)
New trees shall be at least two and one-half
(2.5) inches caliper and shall be planted at
intervals of every fifty (50) linear feet of
roadway subject to the location of driveways,
street intersections, or other subdivision
features.
4.)
Preservation of existing trees and planting
of new trees shall be such that they will not
interfere with utility services or sidewalk
construction.
5.)
Preservation of existing trees and planting
of new trees shall be in conformity with the
specifications of the Division of Public
Works.
STREET SIGNS
Street signs and standards bearing the name
of the street as indicated on the approved
Definitive Plan and the intersecting street
shall be erected at all intersections of
streets in the subdivision. At all points at
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which a private street within the subdivision
intersects with an existing public way, there
shall also be erected on the same standard
and immediately above or below the street
sign, a sign reading "Private Way".
Street signs and standards shall be of a
design and material, and shall be installed
in conformity with the specifications of the
Division of Public Works.
UTILITIES
1.)
Utility systems, such as electricity,
telephone, cable television, and gas shall be
installed entirely underground, within the
limits of the subdivision. Plans of
electric, telephone, and gas systems shall be
provided to the Division of Public Works,
prior to installation.
2.)
Utility systems will be installed so that
service may be extended to each lot shown on
the plan, whether or not there is a building
thereon, without need to penetrate the paved
roadway surface at such future time as the
service extension may be made.
EASEMENTS
1.)
Easements for utilities and storm drains
across lots or centered on rear or side lot
lines shall be provided where necessary and
shall be a minimum of twenty (20) 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 or drainage easement 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.
3.)
Where side slopes outside of the exterior
street lines, steeper than four feet (4')
horizontal to one foot (1') vertical, are to
be constructed, the town shall be granted and
conveyed and easement for maintenance of
these slopes.
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4.)
Ail easements proved for utilities or for
public or private improvements and any other
easement that the Planning Board deems
necessary shall be granted to the Town of
North Andover. A copy of the written
easement, along with a registered land
surveyor's plan of the easement, shall be
provided to the Planning Board for filing.
Also, to any and all departments or Boards
affected and recorded in the appropriate
Registry of Deeds at the expense of the
grantor.
I. LOTS
1.)
Ail lots shown on the plan shall comply with
the area, frontage, and other requirements of
the Zoning ByLaw of the Town of North
Andover.
2.)
Not more than one building designed for use
or available for use for dwelling purposes
shall be erected or placed or converted to
use as the consent of the Board and such
consent may be conditioned upon the providing
of adequate ways furnishing access to each
site for such building in the same manner as
otherwise required for lots within a
subdivision.
J. OPEN SPACE/PARKLAND DEDICATION
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
recreational purposes or for providing
adequate light and air and recreational uses.
The park or parks shall not be unreasonable
in ar.ea in relation to the . land being
subdivided and to the prospective uses of
such land.
The Board may by apDropriate endorsement on
the Dian require that no buildinq be erected
upon such Dark or parks for a period of not
to exceed three (3) years without its written
approval. In accordance with M.G.L. Chapter
41, Section 81V.
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2.) ACCESS TO PUBLIC OPEN SPACE
The Board may require a minimum of thirty
(30') foot wide access easement, or way from
a street in the subdivision to land in public
or private ownership utilized for public open
space in order for the residents of the
subdivision and the town at large to obtain
access. The easement may be marked with
signage as the Board may feel appropriate.
PROTECTION OF NATURAL FEATURES
Due regard shall be shown for all natural
features, such as large trees, stone walls, water
courses, areas of archaeological interest, scenic
points, historic structures or landscapes, and
similar community assets, which, if preserved,
will add attractiveness, distinctiveness and value
to the subdivision, or to the Town.
The Planning Board may require such conditions as
deemed necessary to protect such natural and
manmade features of the landscape to insure its
preservation during and after construction.
WATER FACILITIES
Water mains, with hydrants, valves and
fittings, shall be constructed and installed
within the subdivision as necessary to
provide to all lots therein adequate water
supply for domestic and fire protection use.
Calculations and certification shall be
submitted to prove that fire protection is
being provided in accordance with the
National Fire Codes.
2.)
Where property adjacent to the subdivision is
not subdivided, provision shall be made for
proper protection of the system to the
exterior boundaries of the subdivision, at
such size and grades as will allow for the
projection.
3.)
Water pipe shall be ductile iron cement
lined, seal coated inside, tar coated
outside, ANSI specification A21.51 and AWWAC
151 thickness class 52 with a minimum size of
eight (8) inches, excluding hydrant branches,
which shall be a six (6) inch minimum. Gate
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5.)
6.)
7.)
8.)
valves shall be Mueller or equal AWWA Specs.
L50052T and shall be installed at street
intersections and on hydrant branches with
division gates not more than 800 feet apart.
Gate boxes shall be of the sliding type and
marked "WATER". Fire hydrants shall be Eddy
type to North Andover Board of ~hlic Works
or Fire Department specifications, and shall
be one (1) foot outside the property line and
located at every intersection, at the
beginning of and within the subdivision
and with the intermediate hydrants located
where the distance between hydrants does not
exceed 500 feet. A two and one-half (2.5)
foot diameter by two (2) foot drainage basin
of screened stone shall be provided at
hydrant bases.
Water lines shall be installed 15 feet from
the east or north side of property line on 50
foot roadways at a minimum depth of five (5)
feet below finished grade of the street.
Concrete thrust blocks shall be installed at
all bends and tee's. Air vents and blow offs
shall be provided at high and low points
respectively if no hydrants are installed at
these locations.
Water lines shall be submitted to AWWA
pressure and leakage tests in accordance with
Section 13-C600, and chlorinated in
accordance with AWWA C601.
Service connections for water from the main
structure in the street to the exterior lines
thereof shall be installed for each lot shown
on the Plan, whether or not there be a
building thereon. Location of such service
connections shall be recorded accurately, to
facilitate future connections. Curb boxes
shall be Erie Type installed one (1) foot
outside of the property line. Water service
locations shall be filed with the office of
the Department of Public Works.
The water system shall be laid out and
constructed in conformity with the Water
Distribution System Master Plan and of the
Division of Public Works.
Hydrants shall be installed by the subdivider
to the specifications of the Department of
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Public Works, and at the locations approved
by the Fire Chief. Wherever public water
service is not to be installed, reservoirs
for fire protection may be required, as
recommended by the Fire Chief.
9.) At every street intersection, there shall be
installed a water gate, one on each lateral.
SANITARY SEWER FACILITIES
1.) Sewer pipes and
manholes and
related equipment, such as
connecting Y's shall be
constructed and installed within the
subdivision as necessary to serve all lots
adequately.
2.)
Proper connections will be made with the
existing sanitary sewer system. Where
property adjacent to the subdivision is not
subdivided, provision shall be made for
proper projection of the system to the
exterior boundaries of the subdivision, at
such size and grades as will allow for the
projection.
3.)
a.)
In residential areas:
Sewer pipes shall be P.V.C. (Poly Vinyl
Chloride) and shall conform to ASTM D-
3034 and D-3212 for Type SDR-35.
b.) In industrial areas:
Normal sewer invert depth shall be seven
(7) or eight (8) feet below finished
grade.
Sewer pipe shall be unglazed full
strength vitrified clay and shall
confo£m to ASTM Designation G200.
Minimum sewer invert depth shall be four
and one-half (4.5) feet below finished
grade. Maximum distance between
manholes shall be three hundred (300)
feet.
Manholes shall conform to ASTM Designation
C478 and meet the following requirements:
the wall thickness shall not be less than
five (5) inches. Sections shall have tongue
and grooved joints with an approved round or
fin type rubber gasket or reformed bitumastic
sealant.
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4.)
5.)
6.)
Manhole rings shall be aluminum Alloy 6061-
T6. Pipe connections shall be of the
neoprene boot with stainless steel clamp type
or approved equal. Manhole frames and covers
shall be cast iron, lettered "SEWER" and
shall be eight (8) inches high, and shall
provide a 24" diameter clear opening. Brick
for inverts and shade adjustment shall be
clay sewer brick and shall comply with ASTM
Designation C32.
Sewer lines shall be submitted to low
pressure air tests in accordance with a
maximum allowable leakage rate of 0.0015
cubic feet per minute per square foot of
internal pipe surface. Sewer pipe shall be
tested for abnormal deflection with a max-
imum allowable deflection of five (5%)
percent.
Service connecting for sanitary sewers from
the main structure in the street to the
exterior lines thereof shall be installed for
each lot shown on the plan, whether or not
there be a building thereon. Location of
such service connection shall be recorded
accurately, to facilitate future connections.
Sewer service locations shall be filed with
the Division of Public Works.
The sanitary sewer system shall be laid out
and constructed in conformity with the sewer
facilities master plan specifications of the
Division of Public Works.
Where, in the opinion of the Division of
Public Works, reasonably accessible sanitary
sewer mains are not available and will not
become available within a reasonable time,
and the Division of Public Works so informs
the Planning Board, the Board may waive the
requirement of the construction of such
mains. In such cases, however, each lot
shall be provided with a sewage disposal
system satisfactory to the Board of Health.
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N~ DRAINAGE FACILITIES
I 1.) Adequate drainage of all lots and
improvements to the subdivision will be
provided for. In no case will the natural
contour of the land be changed to direct
drainage onto adjacent land. Drainage from
adjacent land will be adequately
accommodated. The drainage system from any
subdivision will not create an adverse effect
on any other person's land.
2.)
Drainage calculations shall be provided for
the subdivision for the two (2) ten (10) and
one hundred (100) year storm events using one
of the following methods:
* SCS TR55
* SCS TR20
Storm drains, culverts, and related
facilities shall be designed to permit the
unimpeded flow of all natural water courses,
to ensure adequate drainage at all low points
in streets, to control eros ion, and to
intercept storm water run-off along streets
at intervals reasonably related to the extent
and grade of the area being drained. To the
maximum extent feasible:
(a) storm water shall be recharged
rather than piped to surface
waters; and
4.)
(b)
peak flow rates at the boundaries
of the development shall be no
higher following development than
prior to development.
Catch basins shall be installed on both sides
of the roadway at all low points in the road
profile, at a distance no greater than four
hundred (400) feet from the crest of summit
curves and at each multiple of three hundred
and fifty (350) feet thereafter, and prior to
all corners of intersections, except where
the grade declines to the intersection on
both streets in which case the catch basins
shall be located at the bisector of the curb.
In the latter case, gutter profiles shall be
submitted for approval to indicate the slope
and location of the gutter grade.
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5.)
A catch basin to drain manhole configuration
shall be used. A manhole shall be
constructed at all angle points, grade
changes of the pipe, and all points of
entrance or exit to the drain system. Drain
manholes shall be constructed at a minimum of
three hundred and fifty (350') feet apart.
Catch basins shall be placed three hundred
(300') feet apart.
Headwalls shall be constructed at all inlets
and outlets to the piped drainage system and
shall be either:
(a) Formed and poured concrete with chamfer
edges
(b) Stone and mortar
(c) Precast flared sections
Ail headwalls shall be of good workmanship
and finish. Construction details of any
headwall to be used shall be submitted to the
Planning Board for approval and become part
of the subdivision plans. Headwalls shall
conform to the following minimum
specifications:
Concrete Headwalls:
(a)
footings shall be of concrete to a depth
of three (3) feet below grade and a
width of two (2) feet;
(b)
above grade, it should be one (1) foot
thick and the width and length and taper
(if required) would be determined by
height of planned grade to be
established; and the diameter of the
pipe;
(c)
if the footings are poured prior to top,
3/4 inch rods shall be inserted into
footings to a depth of two (2) feet and
protrude two (2) feet above;
concrete to be of at least 2,500 psi.
and all work to be of good quality
workmanship and finish.
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6.)
7.)
Stone Headwalls
(a)
footings shall be three (3) feet in
depth and two and one-half (2.5) feet in
width of concrete;
(b) stone laid in good quality cement mortar
starting at one (1) foot below grade;
(c)
width of wall shall be twenty (20)
inches; height, length, and taper (if
any) to be determined by height of
planned grade to be established; and
the diameter of the pipe;
(d)
stone shall be one man size and all
joints to be flush and solid; all work
to be of good workmanship and finish.
Where an existing brook is to be used as an
outlet, the drainage system shall be piped to
the brook. Should this outlet extend beyond
the subdivider's property, an open ditch of
a type and size approved by the Division of
Public Works may be used on the adjoining
property, after acquisition of the necessary
easement including a "Right to Outlet" the
proposed size of pipe.
Any connection to the street drainage system
by private lot or cellar drain shall be
constructed in accordance with specifications
of the Division of Public Works and shall
require written approval of the Division of
Public Works, including release of the Town
of maintenance responsibility. Any such
connection shall also have the written
approval of the Board of Health if such
proposed drain was not shown on the
subdivision plans.
Proper connection shall be made with any
existing drains in adjacent streets ore
easements which prove adequate to accommodate
the drainage flow from the subdivision. In
the absence of such facilities or inadequacy
of the same, it shall be the responsibility
of the developer to extend drains from the
subdivision as required to properly dispose
of all drainage from the subdivision in a
manner to be determined proper by the Board.
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9.)
Should any such outlet extend onto adjoining
privately owned property, the developer
should obtain all necessary easements running
to the Town of North Andover including a
"Right to Outlet" in a manner approved by the
Board. Any connection to existing facilities
shall also meet the requirements of the
Division of Public Works.
Where property adjacent to the subdivision is
not subdivided, provision shall be made for
proper protection of the drainage system to
the exterior boundaries of the subdivision at
such size and grade as will allow for any
such projection.
The storm drainage system shall be laid out
and constructed in conformity with the
specifications of the Division of Public
Works.
10.) In no case shall a catch basin be constructed
at a driveway curb cut or a driveway curb cut
placed at a catch basin location.
11.) Storm drains shall be designed so as to
maintain a minimum velocity of two (2) feet
per second and a maximum velocity of ten (10)
feet per second in piped sections and a
maximum velocity of five (5) feet per second
on open channel sections.
12.) Ail drain pipe shall be a minimum of twelve
(12) inches and all culverts shall be a
minimum of thirty (30) inches inside
diameter. All drainage pipes shall be
reinforced concrete conforming to
Massachusetts Department of Public Works
specifications for Class III pipe, as such
higher class as may be required by depth of
cover which shall be not less than thirty
(30) inches.
13.) Underdrains may be required if in the opinion
of the Board, water tables are sufficiently
high and road cuts are severe.
14.) Ail catch basins and manholes shall be four
(4) feet in diameter inside with a thirty
(30) inch minimum slump on catch basins and
shall be constructed of precast concrete
units. Manhole frames and covers and all
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construction shall be in conformance with the
specifications of the Division of Public
Works. Any brick used shall be clay brick.
All joints shall be well mortared with good
grade cement mortar and eight (8) inch barrel
blocks will be allowed in pipe courses only.
15. ) A11 storm drains, culverts, and related
facilities shall be maintained during
construction in accordance with the
requirements and specifications of the
Planning Board and Division of Public Works.
FIRE ALARM
Fire alarm systems, with cable, fire alarm
boxes and pedestals, and other necessary
fittings shall be constructed and installed
within the subdivision as necessary to
provide all lots therein ready access to this
means of emergency alarm.
2.)
Proper provisions shall be made for
connection to the existing fire alarm system.
Where property adjacent to the subdivision
is not subdivided, provision shall be made
for proper projections of the system to the
exterior boundaries of the subdivision, at
such size as will allow for the projection.
3.)
The fire alarm system shall be laid out and
constructed in conformity with the
specifications of the Fire Department.
4.)
Where, in the opinion of the Fire Department,
reasonably accessible fire alarm system wires
or cables are not available and will not
become available within a reasonable time,
and the Department so informs the Planning
Board, the Board may waive the requirement of
the construction of such a system.
MONUMENTS
Monuments shall be set on the exterior street
lines at all angle points, at all points of
change in direction of curvature, and at all
street intersections.
2.)
Such monuments shall be set in bank gravel
with their tops at the proposed finished
surface grade, unless the Division of Public
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3.)
4.)
Works directs otherwise. Monuments shall be
of granite, not less than four (4) feet long,
and not less than six (6) inches square, with
the top surface hammer-dressed to a six (6)
inch square area. They shall be accurately
set on the street lines. A drill hole one-
half (1/2) inch diameter by two (2) inches
deep shall be place in the center of the top
of each monument.
Monuments will be in conformity with the
specifications of the Division of Public
Works.
Driveways shall not be placed at monument
locations.
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SECTION 8.
BOND R.I~T~E PROCEDURE
A~ TIMING OF BOND RELEASE
The Planning Board will release Bond money only at
certain stages during the subdivision construction
dependent upon the overall size of the project as
listed below, provide that no money will be
released prior to the installation of drainage
facilities, and a binder coat for the roadway:
Small Subdivisions which contain less than 20
lots
1.)
When approximately 40% of the subdivision
improvements are completed; including all
drainage accompanied by an interim as built
plan and profile.
2.)
When approximately 80% of the subdivision
improvements are completed; and the binder
is completed.
3.)
When the subdivision is finished and a
request for certificate of completion shall
be requested by the applicant in writing, and
accompanied by a final as-built plan.
LarGe Subdivisions which contain more than 20 lots
When approximately 20% of the subdivision
improvements are completed, including all
drainage in a phase, accompanied by an
interim as-built plan and profile.
2.)
When approximately 40% of the subdivision
improvements are completed, including all
drainage in the subdivision, and accompanied
by an updated interim as-built plans and
profile.
3.)
When approximately 80% of the subdivision
improvements are completed; and then the
binder is completed.
4.)
When the subdivision is finished and a
request for certificate of completion is
requested by the applicant in writing
accompanied by a final as built plan.
The applicant shall submit his request for Bond
release in writing to the Division of Public Works
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specifying the work completed in the subdivision.
The Board will release the money upon receiving
written certification from the Division of Public
Works that the money can be released due to
performance by the applicant as required by the
Boards conditions of approval or by the Rules and
Regulations. No more than one (1) request will be
allowed every thirty (30) calendar days.
REQUIREMENTS FOR BOND RELEASE REOUESTS
The applicant must first request the
inspection of the subdivision by the Division
of Public Works staff upon completing the
work specified in the standards contained in
the Rules & Regulations or the conditions
listed in the decision of the Planning Board.
The applicant shall provide a complete list
of the work finished and included in the
request.
2.)
Division of Public Works staff will inspect
the subdivision and make a written
recommendation to the Planning Board
specifying a dollar amount to be released.
3.)
The Planning Board will vote during a public
meeting to release the money to the
applicant, upon receiving a written
verification by the Division of Public Works
to release the money requested.
4.) The Planning office will notify the bank of
the money to be released.
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SgCTION 9. ~DENCE OF SATISFACTORY PERFORMANCE
A. INSPECTION BY TOWN DEPARTMENTS
Upon notification by the applicant by certified mail
that the subdivision is complete and ready for a
certificate of compliance by the Planning Board, the
Board shall notify the town departments charged with
the inspection of the subdivision improvements
constructed. Town departments shall within 14 days of
notification certify in writing to the Board that all
improvements completed comply with:
a) the Subdivision Rules and Regulations
b) all related town bylaws, or state laws,
c) the Planning Board's or other public bodies decision
on the subdivision.
.B. CERTIFICATE OF COMPLIANCE
The Board upon receiving confirmation that the
subdivision has been completed in accordance with the
town's regulations and state law shall issue a
certificate of compliance stating the subdivision is in
complete compliance with town and state specifications.
If the Board receives input that the subdivision is not
completed in accordance with the Subdivision Rules and
Regulations, or any Town Board decision or state law;
the Planning Board shall notify the applicant by
certified mail.
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FINAL ACCEPTANCE OF THE LOT/ISSUANCE OF A
CERTIFICATE OF OCCUPANCY
Town departments shall inspect the lots upon completion
of work in order to determine if the improvements
constructed adhere to the approved subdivision plan,
the plot plan submitted for a building permit, or other
town bylaw requirements prior to the issuance of a
certificate of occupancy.
Failure to so perform may require the town to withhold
the issuance of a Certificate of Occupancy until
corrected to the Town Department's satisfaction.
SECTION 10. CONVEYANCE OF PUBLIC IMPROVEMENTS
A. ACCEPTANCE OF PUBLIC IMPROVEMENTS BY THE TOWN
The following procedure shall be followed in order to
convey public improvements to the Town of North
Andover:
1) Prior to receiving a certificate of compliance, all
public improvements shall be inspected by the
Division of Public Works and certified as completed
to the Town's standards.
2) Ail documents needed to convey any constructed
improvement shall be submitted to the Town and
accepted by the Planning Board.
3) Ail documents requiring a filing with the Registry
of Deeds Office shall be filed on behalf of the
Town by the developer of the subdivision.
4) In the case of dedicating a way as a public way
to the Town of North Andover the procedure out-
lined in M.G.L. Chapter 82, Section 22 through 24,
inclusive, shall be followed by the developer. The
procedure is outline below:
a) submission of a petition to the Board of
Selectman requesting that a way shown on an
approved subdivision plan was been completed
and certified by the Division of Public Works
as acceptable as a public way; and
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b) the petition shall be submitted to the Planning
Board which has 45 days upon which to make a
recommendation to the Town.
c) the formal determination to layout a way shall
be made by a vote by the Board of Selectman.
d) the petition shall be submitted to a vote of
Town Meeting and receive approval by that
body as required by law; and,
e) a deed filed with the Registry of Deeds Office
which grants the fee in the right-of-way to
the Town of North Andover.
Details regarding the above outlined procedure is
available from the Planning Board Office.
SECTION 11. ADMINISTRATION
A. VARIATION
Strict compliance with these Rules and Regulations
may be waived when, in the judgement of the Board,
such action is in the public interest and not
inconsistent with the Subdivision Control Law.
B. REFERENCE
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For matters not covered by these Rules and
Regulations, reference is made to Sections 81K to
81GG, inclusive of Chapter 41 of the General
Laws,and acts in amendment thereof, in addition
thereto, or in substitution therefor.
C. CONFLICT OF LAWS
In general, the Rules and Regulations are
supplementary to other North Andover By Laws
affecting the use, height, area, and location of
buildings and structures and the use of premises.
Where this document imposes a greater restriction
upon the use of premises of procedural
I requirements than is imposed by other By Laws, the
provisions of this document shall control.
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D~ SEVERABILITY CLAUSE
The invalidity of any section or provision of the
Subdivision Rules and Regulations of the Town of
North Andover shall not invalidate any other
section or provision thereof.
PROCEDURAL DEFECTS
In accordance with the Subdivision Control Law, no
claim or invalidity of these Rules and Regulations
or any amendment to this arising out of a
possible defect in the procedure of adoption or
amendment shall be made in any legal proceeding
and no state, regional, county, or municipal
officer shall refuse, deny, or revoke any permit,
approval, or certificate because of any such claim
of invalidity unless such claim is made within one
hundred twenty (120) days after the adoption of
the Rules and Regulations amendment.
Notice specifying the court, parties, invalidity
claim, and date of filing is filed together with a
copy of the petition, with the Town Clerk within
seven (7) days after commencement of the action.
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