HomeMy WebLinkAbout1981 SUBDIVISION OF LANDRULES AND
REGULATIONS
GOVERNING THE SUBDIVISION OF
LAND
Townof
North Andover, Massachusetts
PLANNING BOA RD
Paul A. Hedatrom, Esq., Chairman
Michael P. Roberts, Vice-Chairman
Dr.-¥incent $. Turano, Clerk
J'ohn J. Burke
Erich W. Nitzsche
Purpose
Section
Section
A.
B.
C.
Section
A.
E.
F.
G.
H.
I.
J.
RULES AND REGULATIONS
GOVERNING THE SUBDIVISION OF LAND
North Andover, Massachusetts
INDEX
I. Authority ....
II. General ............................. .. .....................
Deli nitions
General Requirements for the Subdivision of Land
Plan BelieVed Not to Require Approval Under the Subdivision
Control Law
III. Procedure for the Submission and Approval of Plans ....... 7
Preliminary Plan
1. General
2. Contents
3. Procedure
Definitive Plan
1. Submission
2. Notice to Town Clerk
3. Form and Contents
4. Distribution of Plans
Performance Guarantee
1. Final Approval with Bonds or Surety
2. Final Approval .with Covenant
Review by Board of ~{ealth as .to Suitability of the Land
Verification, Approvals, and Special Requ(rements of Town Agencies
Requirement as to Number of Buildings for Dwellings
Public Hearing
Final Approval of Definitive Plan
Evidence of Satisfactory Performance
Conveyance of Improvements
Section IV.
A.
C.
D.
E.
F.
G.
H.
Design Standards ....................................... 20
Streets
1. Location and Alignment
2. Width
3. Grade
4. Dead End Streets
Shoulders
Side Slopes
Utilities
Drainage
Easements
Lots
Open Space
Protection of Natural
Features
Section V.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
Section
Required Improvements ................................... 23
General
Streets and Roadways
Shoulders
Sidewalks
Side Slopes
Water Facilities
Sanitary Sewer Pacilities
Drainage
Utilities
Fire Alarm
Street Trees
Monuments
Street Signs
VI. Administration ......................................... 32
RULES AND REGULATIONS
GOVERNING THE SUBDIVISION OF LAND
NORTH ANDOVER, MASSACHUSETTS
(Adopted under the Subdivision Control Law
Sections 81-K to 81-GG inclusive, Chapter 41G.L.)
~.URPOSE~ (Section 81-M of Chapter 41G.L.)
"The Subdivision Control Law has been enacted for the purpose of pro-
tecting the safety, convenience and welfare of the inhabitants of the
cities and towns in which it is, or may hereafter be, put in effect
by regulating the laying out and construction of ways in subdivisions
providing access to the several lots therein, but which haYe not be-
come public ways, and ensuring sanitary conditions in subdivisions,
and in proper cases, parks and open.areas, The powers of a Planning
Board and of a Board of Appeal under the Subdivision Control Law shall
be exercised with due regard for the provision of adequate access to
all of the lots in a subdivision by ways that will be safe and con-
venient for travel; for lessening congestion in such ways and in the
adjacent public waysl for reducing danger to life and limb in the
operation of motor vehicles; for securing safety in the case of
fire, flood, panic and other emergencies; for insuring compliance
with the applicable zoning ordinances or by-laws; for securing ade-
quate provision for water, sewerage, drainage, and other requirements
where necessary in a subdivision; and for co-ordinating the ways in
a subdivision with each other and with the public ways in the city
or town in which it is located and with the ways in neighboring sub-
divisions. It is the intent of the Subdivision Control Law that any
subdivision plan filed with the Planning Board shall receive the approval
of such Board if said plan conforms to the recommendation of the Board
of Health and to the reasonable Rules and Regulations of the Planning
Board pertaining to subdivisions of land; provided, however, that such
Board may, when appropriate, waive, as provided for in Section 81-R,
such portions of the. Rules and Regulations as is deemed advisable."
SECTION I. AUTHORITY
Under the authority vested in the Planning Board of the Town of North
Andover by Section 81-Q of Chapter 41 of the General Laws, said Board
hereby adopts these Rules and Regulations Governing the Subdivision of
Land in the Town of North Andover. Such Rules and Regulations shall
be effective on and after. December 28, 1981.
~CTION II. GENERAL
A. DEFINITIONS
APPLICANT
BOARD
CERTIFIED BY
(See Chapter 41, Section 81-L)
The Planning Board of the Town of North Andover
(See Chapter 41, Section 81-L)
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DESIGNER
Professional Civil Engineer or Land Surveyor
registered to practice in Massachusetts.
DEVELOPER
A person (as hereinafter defined) who develops
under a plan of a subdivision approved under
Section III of these Rules and Regulations.
DRIVEWAY
A means of vehicular access to a lo~, either
through the frontage or front streets adjacent
to the side or rear lot lines. Each driveway
shall service no more than one lot, except for
multi-family dwellings.
EASEMENT
A right acquired by public 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 Massa-
chusetts. 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.
LOT
(See Chapter 41, Section 81-L)
MUNICIPAL SERVICE (See Chapter41, Section 81-L)
OWNER
As applied to real estate, the person holding
the ultimate fee simple title to a parcel, tract,
or lot of land, as shown by the record in the
appropriate Land Registration Office, Registry
of Deeds, or Registry of Probate.
PERSON
An individual, or two or more individuals, or a
group or association of individuals, a partnership
or a corporation having common or undivided
interests in a tract of land.
PRELIMINARY PLAN (See Chapter 41, Section 81-L)
SUBDIVISION PLAN The p~an of a subdivision as submitted (with
OR DEFINITIVE PLAN 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.
RECORDED
(See Chapter 41, Section 81-L)
REGISTER OF DEEDS (See Chapter 41, Section 81-L)
REGISTERED MAIL (See Chapter 41, Section 81-L)
REGISTRY OF DEEDS (See Chapter 41, Section 81-L)
ROADWAY
That portion of a way which is designed and
constructed for vehicular travel.
STREET
STREET, MAJOR
STREET, MINOR
STREET, SECONDARY
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A public or private way either shown on a plan
approved in accordance with the Subdivision
Control Law, or otherwise qualifying a lot for
frontage under the 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 traffic,
generally over 1,000 vehicles per day.
A street which, in the opinion of the Board, is
being used or will be used primarily to provide
access to abutting lots and which will not be
used for through traffic, and will generally
carry less than 300 vehicles per day.
A street intercepting one (1) or more minor
streets and whi'ch, in the opinion of the Board,
is used or will be used to carry a substantial
volume of traffic, generally over 300 and under
1,000 vehicles per 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.
No te:
In. determining ~he number of vehicles per
day that will travel over a residential
street, the ~following criteri~ w-ill be
applied~
SUBDIVISION
SUBDIVISION
CONTROL
Housing
Vehicles per day
per dwe]li~g unit
Single-family,detached 12
Group or townhouse 8
Garden apartment 6
(See Chapter 41, Section 81-L)
{See Chapter 41, Section 81-L)
WETLANDS
Shall be defined per Chapter 131, Section 40.
B. GENERAL REQUIREMENTS FOR THE SUBDIVISION OF LAND
Every subdivider shall be bound by the provisions of these
regulations, and before preparing a subdivision plan, should
familiarize himself with these regulations and with any other
proposals for subdivision and existing subdivisions in the area
in which he proposed a new subdivision.
No person shall make a subdivision within the meaning of the
Subdivision Control Law of any ]and 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 8oard as
hereinafter provided.
No land shall be subdivided unless it is of such character that
it can be used for building purposes without danger of 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.
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 ade-
quate for the particular subdivision, and in places deemed
proper by the Board, open spaces for parks and playgrounds
shall be provided.
Streets in each subdivision shall be laid out 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.
Proposed street names shall be subject to approval of the Board,
and shall be indicated in pencil on any Definitive Plan.
Monuments shall be set as required by the Board.
shall provide such monuments at his own expense.
The sUbdivider
8. Turnarounds will be allowed under the following conditions:
a)
b)
Where the turnaround is required for the development of rear
land. However, where the turnaround street exceeds 500
feet in length, the express consent of the Board must be
granted.
Where the turnaround is a temporary solution pending future
development. In which case, the key map must Show the
necessity for this.
Residential streets shall not be less than 50 feet in width.
Wider streets may be required if the street is a continuation
of an approved street having a width greater than 50 feet, or,
in the opinion of the Board, the traffic system is such that
wider streets are necessary or greater width is desirable in
the interest of public safety and convenience. In commercial
and industrial zones, the minimum street width shall be 60 feet.
10.
11.
12.
13.
-5-
Test holes, representative of all varying soil conditions in the
Pro'Posed subdivision, shall be dug to determine conditions for
drainage. Percolation tests made in accordance with procedures
recommended by the North Andover Board of Health shall be
required in areas served by subsurface sewage disposal systems.
A statement showing the results of these tests and the soil
conditions,, signed by a professional engineer registered in the
Commonwealth of Massachusetts, shall be submitted in triplicate
with the subdivision plan. The location of all test holes must
be staked on the ground.
A minimum of one test pit for each three acres, or part thereof,
of land shall be dug and all test results up to,the day of sub-
mission shall be included on the statement required above.
Before a subdivision plan shall rece4ve final approval, a bond
filed with surety, or covenant running with the land, and con-
ditions satisfactory to the Board, securing to the Town the
actual construction and installation to the satisfaction of
the Board of such improvements and utilities, within a period
specified in the bond and satisfactory to the Board, will be
executed.
The construction and installation of streets and sidewalks shall
be guaranteed to be done with quality materials free from defects
and with quality workmanship.
In addition to all other requirements hereunder, the Planning
Board will review all proposed subdivisions and all new con-
struction in accpeted subdivisions within any FIA flood hazard
areas as designated on the FIA Flood Hazard maps as adopted
by the Town to determine that all such proposed subdivisions
are consistent with the need to minimi~ze flood damage by pro-
viding adequate drainage so as to reduce exposure to flood
hazards within the subdivision and on adjacent land and by
requiring that all utilities be located and constructed so as
to minimize or eliminate flood damage.
PLAN BELIEVED NOT TO REQUIRE A~ROVAL UNDER THE SUBDIVISION CONTROL
LAW
1. 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 Sub-
division 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 determi-
nation and accompanied by a copy of said application.
2. If the Board determines that the plan does not require approval,
it shall without a public hearing and within fourteen days of
submission, endorse on the plan the words "Planning Board Approval
Under Subdivision Control Law Not Required." Said plan shall
be returned to the applicant and the Board shall notify the
Town Clerk of its action.
If the Board determines that the plan does require approval
under the Subdivision Control Law, it shall within fourteen
days of submission of said plan so inform the applicant and
return the plan. The Board shall also notify the Town Clerk
of its determination.
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 comsidered as part of the subdivision.
5. Requirements
Said plan 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 con-
sidered null and void and returned for a future submittal:
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 (I500') to the
inch. Locus must show at least one intersection of at
least two existing town roads.
c) The statement, "PLANNING BQARD APPROVAL UNDER SUBDIVISION
CONTROL LAW NOT REQUIRED" and sufficient space for the date
and the Board signature.
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 remmining
land area and frontage on the land in the ownership of the
applicant shall be shown. In the event the remaining area
is in excess of two {2)'acres-and the remaining frontage
is in excess of 150 feet, this information may be conveyed
as a note on the plan.
Notice of any decisions by the Zoning Board of Appeals, in-
cluding but not limited to variances and exceptions regarding
the land or any buildings thereon.
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 Assessor's records.
Names and.status (private or public} of streets and ways
shown on the plan, including the width of such street or
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.
d)
e)
f)
g)
h)
i)
j) Accurate location of all existing structures, including all
wells, septic systems, surface and subsurface drainage, and
building setback, side yard and rear yard distances.
k) Location of all bounds, easements, and/or encumbrances.
l) Each submittal must be accompanied by an original and three
(3) copies of the plan and a filing fee. Fee is $I5.00.
No plans shall be signed other than at a meeting of the Planning
Board or at the Planning Board office after action of the Board.
~ECTION III. PROCEDURE FOR THE SUBMISSION AND APPROVAL OF PLANS
PRELIMINARY PLAN
I. General
a)
Before submitting a definitive plan for approval, a pre-
~liminary plan should be submitted to the Board, and to the
Board of Health, and written notice shall be given to the
TOwn Clerk by delivery or by registered mail, of submission
of such a plan. If the notice ~s given by delivery, the
Town Clerk shall, if requested, give a written receipt
therefor, Form S (see appendix). Within sixty (60) days
after submission of a preliminary plan the Board shall
notify, by certified mail, the applicant and the Town
Clerk either that the plan has been approved or that the
plan has been approved with modifications suggested by the
Board or agreed upon by the subdivider, or that the plan
has been disapproved. In the case of disapproval, the
Board shall state in detail its reason therefor. No
Register of Deed will record a preliminary plan.
b)
Application for tentative approval shall be made upon
application Form B (see appendix) to the Board, accompanied
by twelve (12) copies of the preliminary plan, prepared
hereinafter prescribed.
2. Contents
a)
The preliminary plan may be drawn on tracing paper with
pencil at a scale of forty feet (40'} to the inch and
twelve {12) prints shall ~be filed at the office of the
Board. Said preliminary plan should show sufficient in-
formation about the subdivision to form a clear basis for
discussion of its problems and for the preparation of the
definitive plan. This plan will provide the following
information:
{1) 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 Insurance Administration,
if available.
(3) The title under which the proposed subdivision is to
be recorded with the Town Clerk, if approved.
-8-
(4) The names and addresses of the owners of property
adjoining the land included within the proposed sub-
division, 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, in a general manner.
(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.
(8) Existing easements and proposed for utility lines,
walks, and other rights-of-way, in a general manner.
(9) Existing and proposed drainage lines for both storm
water and surface water, including adjacent existing
natural waterways, all in a general manner.
(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, in a general manner.
b)
Key Map - a location plan of the subdivision, at a scale
of 600 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,
3. Procedure
a) Thei~CIerk of t'he Board shall forward one set of prints,
upon receipt, to the Highway Surveyor, Superintendent of
Public Works, Tree Warden, Fire Chief, Police Chief, Building
Inspector, Conservation Commission, and the Board of Health
for comments and tentative approval. One Copy will be retained
for Planning Board files.
b) The Board Will consider the application and advise the appli-
cant within 60 days of the action taken. One copy of the
Preliminary Plan shall be returned to the applicant with
one of the following remarks noted thereon;
(1) "Tentative Approval"
(2) "Minor Modifications Required" with the required modi-
fi cations noted.
{3) "Disapproved"
c)
When the Preliminary Plan is returned to the applicant marked
"Minor Modifications Required", the applicant may make such
modifications and re-submit the plan, as modified~ to the
Board.
d)
e)
Preliminary Approval shall lapse unless a Definitive Plan
is filed within one year from the date of tentative approval.
This shall not prevent the applicant from dividing his Pre-
liminary Plan into sections for final approval, providing
the first section must be submitted within one year'from the
date of tentative approval.
When the Preliminary Plan is returned to the applicant marked
"Disapproved", specific reasons for disapproval will accompany
the pl an.
B. DEFINITIVE PLAN
1. Submission
Any person who submits a Definitive Plan of a subdivision to the
Board for approval shall file with the Board the following:
a)
An original drawing of the Definitive Plan, prepared as
hereinafter prescribed, and twelve (12) black and white
prints thereof. One black and white print shall also be
submitted to the Board of Health.
b)
c)
d)
A properly executed application on Form C (see appendix) and
a designer's certificate on Form D (see appendix).
Key Map - a location plan of the subdivision, at a scale of
600 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.
(It is intended that this location plan be so drawn and
oriented as to permit the later transfer of the new street
lines directly from said plan to the original copy of the
aforementioned Map of the Town.)
Seepage Test Data - in areas not served by Town sewers, data
shall be submitted in accordance with the provisions of
Section II, B-lO of these Regulations and shall be in such
detail and form as may be required by the Board.
e) A drainage analysis shall be prepared by a Registered Pro-
fessional Engineer to substantiate all proposed drainage
sizes. Computations shall indicate existing as well as
proposed run-off peaks flows and volumes and shall be based
upon a ten (10) year storm for all street drainage, a twenty-
five (25) year storm for 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 the.general public.
All 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. The Board may re-
quire that the applicant or developer mitigate the run-off
to 0% increase in the rate of run-off.
54 -lO-
f)
g)
h)
i)
k)
If surface water drains discharge onto adjacent existing
streets or onto adjacent properties not owned by the appli~
cant, 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.
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.
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 (as per
Section III B 5}.
A construction schedule, which specifically details the
various phases of construction, along with the proposed
dates when the phases will be completed.
Soil types based on U.S.D.A. Soils Study and location and
results of soil percolation or subsurface tests.
A submittal fee of $125.00 and $125.00 per lot created with-
in the subdivision and fees for recording.
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 acti-
vities and the resultant pollution of streams, wetlands,
and natural drainage areas, the applicant shall submit an
Erosion and Sediment Control Plan, including control methods
such as berms, dikes> retention ponds, mulching, temporary
sodding, and hay bales.
The Definitive. Plan shall not be deemed to have been sub-
mitted to the Board until it and all the items required in
the foregoing sub,paragraphs (a) to (k}, inclusive, have
been delivered to the Board.
Notice to Town Clerk
As required by statute, the applicant shall give written notice
to the Town Clerk by delivery or by registered mail, that he has
submitted the Definitive Plan to the Board. Such notice shall
describe the land to which'the plan relates sufficiently for
identification, and shall state the name and address of the owner
and of the applicant and the date when such plan was submitted.
If the notice is given by delivery, the Town Clerk shall, if
requested, give written receipt for same. Form $ (see appendix).
3. Form and Contents
The Definitive Plan shall be prepared by a competent 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~" shall be
allowed on the left hand edge for binding. The other three
sides shall have ½" margins.
The plan shall be at a horizontal scale of one inch to each
forty feet. Where necessary, the plan may be on several sheets,
but in such case, matching linens 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 addresmes.
b) The zone or zones in which the proposed subdivision is located.
c) The title under which the proposed subdivision is to be
recorded with the Town Clerk, if approved.
d)
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).
e) North point, date, scale, and legend.
f} Boundary survey made and certified to by a land surveyor
registered byX~the Commonwealth of Massachusetts.
g)
The existing streets and streets proposed to be constructed,
identified by the proposed name for each, together with
stations, curves, paving, and width of right-of-way.
h)
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.
i)
Existing easements and proposed easements for utility lines,
including gas and electrical services, walks, and other
ri ghts-of-way.
J)
Existing and proposed drainage lines for both storm water and
surface water, including adjacent existing natural waterways,
in a general.manner.
k)
Topographic contours - the Definitive Plan shall include a
grading plan showing existing and proposed countours at
two {2) foot intervals. All proposed changes in topography,
either due to Conservation Commission filing and excavation
and/or septic design grading, shall be incorpomated into a
ii 56
1]
m/
n)
o)
p)
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 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.
All cuts and fills shall be delineated on the topographic
plan showing by cross-hatching or other means which areas
are to be filled and which areas are to be excavated.
The edge of all wetland areas shall be delineated. Spot
elevations shall be shown on very flat areas,
Existing wooded areas, as indicated by foliage line.
Location of observation holes and percolation tests with
results.
Existing major site features, such as existing stone walls,
fences, buildings, large trees, rock ridges and outcroppings
swamps and water bodies, including edge of existing pavement
where such abuts the subdivision.
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 true, magnetic, or grid, and the needle
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 stmeet,
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. The horizontal scale of the profiles
shall be forty'feet to one'inch. The vertical scale shall
be four feet to one inch. Profiles shall also show the
size and location of all existing and proposed storm drains,
water mains, sewer mains, and appurtenances thereto. Lines'
and figures indicating existing conditions shall be in black
lines and figures indi.cating ~oposed grades shall be in red.
~ll 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.
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?he stationing of all monumentation, 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. All bench marks
will refer to the same datum. Where another subdivision
and/or NGS bench mark exists within 500 feet, the subdivision
will be connected into such.
q)
Typical cross-section of the streets with paving, shoulders,
curbs or berm, and sidewalks, in sufficient detail to clearly
show construction features.
r)
Suitable space to record the action of the Board and the
signatures of the members of the Board. Sufficient space
shall be provided to note any conditions of approval or
that approval is subject to a conditional approval contract
recorded therewith.
s) Location of any existing septic systems.
t) Adjoining land of the owner, developer, or applicant not
being subdivided will be sho~n.
4. Distribution of Plans
Distribution shall be the same as that shown under Section III A-3.
The applicant shall also submit a Statement of Environmental
Impact. The Planning 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 Board prior to preparation of the Statement, preferably
prior to the submission of a Definitive Plan. The Statement
should include the following)
a)
A set of plans, at uniform scale shall be submitted in con-
junction with the Environmental Impact Statement, encompassing
the entire subdivision on a single sheet not larger than
42" by 60" showing the following~
(1) Present and proposed 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, wet-
land, 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 Uisturbed 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.
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,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 and open space links and indigenous
wildlife;
(2) Describe how project will affect these features;
(3) Provide a complete physical description of the project,
and relatdonship to surrounding area.
c) Surface, Water, and Soils
(1) Describe the location, extent, and type of existing
water 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) eg., use of sediment
basins and type of mulching, matting, or temporamy
vegetation~ describe approximate size and location of land
to be cleared at any given time and 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 J
a. any areas subject to flooding or ponding;
b. proposed surface drainage system;
c. proposed land grading and permanent vegetive cover;
d. methods to be used to protect existing vegetation;
e. the relationship of the development to the top-
ography~
f. any proposed alterations of shore lines, marshes,
or seasonal wet areas~
g. any existing or proposed flood control or wetland
easements ~
h. 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.
{4) Completely describe sewage disposal methods. Evaluate
impact of disposal methods on surface water, soils, and
vegetation;
d) Subsurface Conditions
(1} Describe any limitations on proposed project caused
by subsurface 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(
e) Town Services
(1) Describe estimated traffic flow at peak periods and
proposed circulation pattern;
(2) Describe locations and number of vehicles accomodated
in parking areas~
(3) Describe effect of project on police and fire protection
services;
(4) Describe effect of project on Public Works Department
services;
(5) Describe effect of project on educational services;
(6) Describe effect of project on the town water supply
and distribution system;
(7) Describe effect of project on the town sewer system.
f) General Impact
(1) Summarize briefly environmental impact on entire town
with supporting reasons,
C. PERFORMANCE GUARANTEE
Before endorsement of Board approval of a plan, construction of ways
and the installation of municipal services shall be secured by one,
or in part by one and in part by the other, of the methods described
in the following Sections III C-1 and II! C-2, which methods may be
selected and from time to time varied by the applicant.
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 'buildin~ shall be ereeted thereon until the im-
provements specified are constructed and installed so as to serve
the lots adequately. Such conditions shall be secured by a
covenant running with the land, referred to on the plan and
recorded in the Registry of Deeds. When the subdivider has com-
pleCed 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).
m
At the discretion of the Board, 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.
REVIEW BY BOARD OF HEALTH AS TO SUITABILITY OF. THE .LAND
1. The Planning Board shall, within ten (10} days after submission
of a plan to it, consult with the Board of Health. If the BOard
of Health is in doubt as to whether any of the land in the sub-
division can be used as building sites without injury to the
public health, it shall so notify the Planning Board in writing
within forty-five (45} days. Any approval of the plan by the
Planning Board shall then only be given on condition that the
lots or land as to which such doubts exist shall not be built ..~
upon without prior consent of the Board of Health, and shall
endorse on the plan such condition, specifying the lots or
land to which said condition applies,
o
Any lot so located that it cannot be served by connection to
the municipal sewer system shall be provided with a sewage dis-
posal system satisfactory to the Board of Health.
3. The Board of Health, should, in its review of subdivision plans,
make the Planning Board aware of the following information:
a) Acceptable percolation rates throughout the subdivision;
b) Sufficient water table depths to provide minimum amounts
of fill over any proposed subsurface disPOSal system;
c) Bedrock or impermeable soil within five (5} feet of the
surface where subsurface disposal systems are to be installed;
d)
Surface water drainage f~om each lot which will create a
health hazard On any abutting lot or property,.or surface
water drainage onto each lot which will create a health
hazard to the future homeowner;
e)
The potential for ground water pollution resulting from
development of a subdivision as well as requirements for
public safety during construction.
E. VERIFICATIONS~ APPROVALS~ AND SPECIAL REQUIREMENTS QF TOWN AGENCI.E.S
The Planning Board shall obtain from the agency and for the
facilities listed below the following:
a) Hi~qhway Surveyor: for streets, roadways, shoulders, side
slopes, sidewalks,, monuments, easements, and storm and sur-
face drainage facilities; verification of existing facilities
shown on the Definitive Plan; approval of proposed facilities;
detailed specifications for performing the required work,
including any special construction requirements; approval of
cost estimates for performing said work; authorization for
any permitted deviations in improvement requirements.
b)
~uperintendent of public Works: for water mains, fire hydrants,
sanitary sewer mains, and related facilities; verification of
existing facilities shown on the Definitive Plan; approval
of proposed facilities; detailed specifications for performing
the required work, including any special construction re.
requirements; approval of cost estimates for performing said
worki authorization for any permitted deviations in improvement
requirements.
c)
Fire Chief~ for any special water supply facilities 'for
fire p'rotectiOn where there is to be no public Water system;
fire hydrants; and for fire alarm facilities; approval of
proposed facilities; construction specifications; approval
of cost estimates; and approval of street layout and width.
for access by fire apparatus.
d) Tree Warden: for street trees; requirement as to size, species
i'6cation, and method of planting.
e)
Board of Health: for the subdivision in part or as a whole;
tentative approval of the suitability of the land as building
sites; for individual water supply and sanitary facilities
where there is to be no public water system; requirements for
installing such facilities.
The verification of existing facilities and the approval of pro-
posed facilities required above from any agency may be indicated
by appropriate signatures on a copy of the Definitive Plan or by
an appropriate statement form the agency addressed to the Board.
Work specifications, installation requirements, special construc-
tion requirements, and any granted authorization for deviation
in improvement requirements will be furnished to the Board by
the agency concerned in a written statement, suitable for attach-
ment to and incorporation with the Definitive Plan.
The agencies concerned may require, in connection with the con-
struction or installation of particular improvements, written
notification by the applicant when specific items are completed.
If inspections by the agency cannot be arranged, the subdivider
may employ at his own expense a registered engineer to conduct
field inspections of the work and to issue certificates of con-
formity. Such agency requirements of notification and inspection
shall be set forth in the written statements called for above.
A check list of inspection requirements will be provided to the
subdivider by the Board. Form N (see appendix).
REQUIREMENT AS TO NUMBER.OF BUILDINGS .FOR. DWELLINGS
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
such on any lot in a ~ubdivision, or elsewhere in the town, without
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 require~ for lots within
a subdivision.
No such action shall take place except at a regularly scheduled
Planning Board meeting.
G. PUBLIC HEARING
Before approval, modification and approval, or disapproval of the
Definitive Plan is given, a public hearing shall be held by the
Planning Board. Notice of time and place of such hearing and of the
subject matter, sufficient for identification, shall be given by
the Planning Board, at the expense of the applicant, by advertisement
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in a newspaper of general circulation in the town of North Andover,
once in each of two successive weeks. The first publication shall
be not less than fourteen (14) days prior to the day of such hearing.
A copy of said notice shall be mailed to the applicant and to all
owners of land abutting upon the subdivision as appearing in the most
recent tax list.
H. FINAL APPROVAL OF DEFINITIVE PLAN
After the public hearing, the Definitive Plan will be studied
by the Board to determine its conformity with any tentatively
approved Preliminary Plan, and its compliance with the design
standards and other requirements of these Rules and Regulations.
Within sixty (60) days after the submission of such plan, the
Board will take final action thereon by approving, modifying
and approving, or disapproving such plan. Approval of the plan
shall not be deemed to be the laying out or acceptance by the
Town of any street shown thereon.
The action of the Board in respect to such plan shall be by
vote, copies of which shall be certified and filed with the
Town Clerk, and sent by registered mail to the applicant.
the Board modifies or disapproves such plan, it sh~ll state
in its vote the reasons for its action. Final approval, if
granted, shall be enaorsed on the original drawino of the
Definitive Plan by the signatures of a majority or the Board,
but not until the statutory twenty {20) day appeal period has
elapsed following the filing of the certificate of the action
of the Board with the Town Clerk. After the Definitive Plan
has been approved and endorsed, the applicant shall furnish
the Board with one reproducible copy and six black and white
prints thereof.
3. No plans shall be signed other than at a meeting of the Planning
Board or at the Planning Board Office after action of the Board,
Any subdivision plans passed with conditions and/or modifications
required will not be signed until corrected plans are provided
for approval signatures, and such corrected plans shall be made
available no later than twenty {20) days {the 20-day appeal
period) from the day approval vote was taken.
5. In its review of and action on the Definitive Plan, the Board
shall consider all improvements and proposed design standards
as they satisfy the most exacting requirement of the highest
use allowed in the zoning district of the plan described in the
applicable Zoning By Law.
In the event that an approved Definitive Plan requires modifi-
cation:as a result of Conservation Commission or any other
appelate body's action, the revised plans Shall be forwarded
to the Planning Board for consideration as a modification to
the approved Definitive Plan.
Determination based upon the Statement of Environmental Impact
(where required) that the subdivision as designed will not
cause substantial and irreversible damage to the environment,
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if such damage could be avoided or ameliorated through an
alternative development plan.
Recis$ion - failure of the developer to comply with the con-
struction schedule incorporated into the performance agreement
or unauthorized departure from any agreements made or plans
submitted, whether or not at the direction of other public
agencies, shall constitute reason for the Planning Board to
consider recission of such approval.in accordance with the
requirements and procedures of M.G.L. Ch. 41, Sec. 81-W.
Deviations or requests for changes in the final plans and/or
profiles must be submitted in writing and approved by the
Board after first obtaining recommendation from the proper
agency having jurisdiction over such.
I. EVIDENCE OF SATISFACTORY PiERFORMANCF
Before the Board will release a surety bond or deposit, or in
the case of approval with covenant, issue a certificate of per-
formance, the subdivider shall obtain and submit to the Board
written evidence that the required work has been completed from
the agency and for the facilities listed below:
Hiqhway Surveyor - for streets, roadwaysj sidewalks, shoulders,
side slopes, monuments, easements, and storm and surface drainage
facilities.
2. Superintendent of Public Works - for water mains, fire hydrants,
sanitary sewer mains, and related facilities.
3. Chief of Fire Department for any special water facilities for
fire protection, fire hydtants, and for fire alarm facilities.
4. Tre~ Warden - for street, trees,
CONVEYANCE OF IMPROVEMENTS
1. Before the Board will release a surety bond or deposit, or in
the case of approval with covenant, issue a certificate of per-
formance, the applicant shall execute an instrument, transferring
to the town the ways and easements, with the exception of rights,
easements of private utilities, such as gas and electricity.
The dedication of said ways and installations to the town shall
be subject to acceptance by the governing bodies and officials
empowered by law to accept such dedication. Form M (see appendix).
2, In accordance with the foregoing, the developer shall not convey
any fee or right by deed or otherwise, on any ways, easements,
or installations, other than the right to pass and repass with
others having the same right.
The conveyance called for in this section shall transfer to the
appropriate public corporation valid unencumbered title to all
ways and easements as shown on the subdivision plan and as
recorded in the contracts of performance referred to in Section
III, C of these regulations.
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Before the Board will release a surety bond or deposit, or in
the case of approval with covenant, issue a certificate of
performance, the subdivider shall provide to the Board four
(4} sets of black and white prints of as-built plans, for use
in preparing for hearings and acceptance of the new streets.
The app)icant shall submit As-Built plans drawn with India
Ink on tracing cloth {or other method suitable for reproduction)
certified by his engineer to show the actual locations and
grades of all utilities {including electric, telephone, and
gas underground installations) and roadway profiles, including
rim and invert elevation poles, lights, driveway cuts, pipe
sizes, hydrants, and gates, and all other improvements, and
any changes authorized by the Planning Board.
SECTION IV. DESIGN STANDAR.D~
A. STREETS
1. Location and alignment
a)
All streets in the subdivision shall be designed $o that,
in the opinion of the Board, they will provide safe vehicular
travel. Due consideration shall also be given to the
attractiveness of the street layout in order to obtain
the maximum livability and amenity of the subdivision.
b) The proposed streets shall conform to a Master or S~udy
Plan adopted' in whole or in part by the Board.
c)
Streets shall be continuous and in alignment with existing
streets, so far as practicable, and shall provide a con-
venient system with connections adequate to insure free
circulation of vehicular travel.
d)
if adjoining Property is not subdivided but is, in the
opinion of the Board, suitable for ultimate development,
provision shall be made for proper projection of streets
into such propertY by continuing appropriate streets within
the subdivision to the exterior boundary thereof.
e)
Temporary dead-end streets, laid out to permit future pro-
jection, shall conform to the provisions of alignment, width,
and grade that would be applicable to such streets, if
extended.
f)
Reserve strips prohibiting access to streets or adjoining
property shall not be permitted except where, in the opinion
of the Board, such strips shall-be in the public 'interest.
g) Street jogs with centerline off-sets of less than one hundred
twenty-five (125) feet shall not be permitted.
h)
The minimum centerline radii of curved streets shall be one
hundred (100) feet. Greater radii may be required for prin-
cipal streets.
i)
J)
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Streets shall be laid out so as to intersect as nearly
as possible at right angles. No street shall intersect
any other street at less than sixty {60) degrees.
The intersection of street lines and the transition to
turnaround$ shall be accomplished by means of a curve.
The complete curve data shall be shown on the plans ~he
minimum radius at turnarounds shall be twenty (20) ~eeL.
The minimum radius at the street line shall be as listed
in the following table:
Intersecting Angle (in degrees)
R,a.d,!,,u.s (in feet)
85 90 20
75 85 25
65 - 75 30
6O 65 35
When the 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 twenty {20) feet.
Width
a)
Residential Streets In all residential zones the street
right-of-way width shall be fifty {50) feet. Greater width
shall be required by the Board when deemed necessary for
present and future vehicular travel.
b)
Business and Industrial Zones - In all Business and Indus-
trial zones, the street right-of-way width shall be a min-
imum of sixty {60) feet.
c) The street right-o~,wa~ at turnarounds shall be a minimum
of one hundred twenty {120) feet in diameter.
Grade
a)
b)
Grades of streets shall be not less than one percent [1.0%).
Grades shall be not more than six percent {6.0%}.
Where the grade of any street at the approach to an inter-
section exceeds four percent (4.0%), a levelling area shall
be provided having not greater than two percent (2.0%)
grade for a distance of twenty five feet (25'), measured
from the nearest exterior line of the intersecting street.
4. Dead-End Streets
a)
Dead-end streets shall not be longer than five hundred feet
(500') unless, in the opinion of the Board, a greater length
is necessitated by topography or other local conditions.
b)
Dead-end streets shall be provided at the closed end with a
turnaround having an outside property line diameter of at
least one hundred twenty feet {120').
B o
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Ownership of Ways and Easements
a)
Acceptance of streets or footpaths. Approval by the Board
of a Definitive Subdivision Plan shall not constitute the
laying out or acceptance of.by the Town of any streets, bike-
ways, or footpaths within a subdivision.
b)
Ownership of Ways and Easements. The owner shall retain title
to the fee of each street, path, or easement in or appurtenant
to the subdivision until conveyed to the Town and shall main-
tain and repair the roads and drainage facilities in a
manner satisfactory to the Board during that period. Nota-
tion that fee is to be retained shall be placed on the
Definitive Plan.
SHOULDERS
The entire width between the exterior street lines shall be graded.
Stabilized shoulders shall be constructed on each side of the roadway.
C. SIDE SLOPES
In no case shall side slopes outside of the exterior street lines
steeper than two feet (2') horizontal to one foot {1'} vertical
be constructed except in rock or definite ledge formation, where
the maximum allowable slope shall be one foot (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 Highway Surveyor.
D. UTILITIES
All utilities, such as electricity, telephone, water, gas, etc., shall
be installed entirely underground, within the limits of the subdi-
vision. All accessory equipment within the subdivision relative to
utility service shall also be installed entirely underground.
DRAINAGE
Adequate drainage of all lots 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.
F. EASEMENTS
Easements for utilities and storm drains across lots or centered
on rear or side lot lines shall be provided where necessary and
shall be at least twenty feet (20') wide.
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
-23-
to conform substantially to the lines of such water course,
drainage way, channel, or stream, and to provide for construc-
tion or other necessary purposes.
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 an
easement for maintenance of these slopes
G. LOTS
All easements listed in Section IV F (1, 2, and 3) 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;
and, also, to any and all departmerts or Boards affected and
recorded in the appropriate Registry of Deeds at the expense
of the grantor.
All lots shown on the plan shall comply with the area, frontage,
and other requirements of the Zoning By Law of the Town of North
Andover.
N. OPEN SPACES
Before approval of a plan, the Board may also in proper cases re-
quire the plan to show a park or p~rks suitably located for recrea-
tion purposes or for providing light and air. The park or parks
shall not be unreasonable in area in relation to the land being
subdivided and to the prospective uses of such land. The 8oard
may by appropriate endorsement on the plan require that no building
be erected upon such park or parks for a period of not more than
three (3) years without its written approval.
!. PROTECTION OF NATURAL FEATURES
Due regard shall be shown for all natural features, such as large
trees, water courses, scenic points, historic spots, and similar
community assets, which, if preserved, will add attractiveness and
value to the subdivision, or to the Town.
O o
FOOTPATHS AND BIKEPATHS
Public bikeways or footpaths may be required by the Board to pro-
vide circulation or access to schools, recreational areas, shops,
transportation, or community facilities, or for other reasons.
SgCTION V. REQUIRED IMPROVEMENTS
A. GENERAL
All improvements hereinafter specified shall be constructed or
installed by the subdivider in accordance with these Rules and
Regulations and in conformity with the approved Definitive Plan
and the specifications and other construction requirements of
the agencies concerned.
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As provided in Section III, E-3 hereof, the agencies concerned
may require written notice on the completion of specified items
of construction, to make inspectfon thereof. If such inspection
cannot be arranged, the subdivider may provide inspection thereof,
by a registered professional engineer employed at the subdivider's
expense.
B. 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.
All loam and other yielding material shall be removed from the
roadway area of each street or way and.replaced with suitable
material.
e
All roadways shall be constructed in compliance with specifica-
tions of the Highway Surveyor.
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
t~e exterior street lines unless a deviation is specifically
authorized by the Highway Surveyor. The minimum width of road-
ways between curb lines shall be as follows:
Residential Zones:
Major Streel~s - thirty feee
Secondary Streets - twenty-six feet (26')
Minor Streets twenty-two feet (22')
Business or Industrial Zones: All Streets - forty feet (40')
Greater width shall be required by the Planning Board where
deemed necessary for present and future vehicular travel.
The roadways in a. pproved turnarounds shall be paved over thei.~
entire area to an outside diameter of at least one hundred feet
(ioo').
All roadways shall be brought to a finished grade as shown on
the profiles of the Definitive Plan with at least the top four-
teen (14) inches consisting of eight (8) inches of good qual--ity
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:
Residential Zones:
Major Streets
Four (4) inch bituminous concrete, Type I,
consisting of a two and one-half (2~) inch
binder coat and a one and one-half {1½} inch
wearing surface.
~25- 69
Secondary Streets - Three and one-half (3½) inch bituminous
concrete, Type I, consisting of a two
inch binder coat and a one and one-half
{1½} inch wearing surface.
Minor Streets
Three and one-half (3~) inch bituminous con-
crete, Type I, consisting of a two (2) inch
binder coat and a one and one-half {1½) inch
wearing surface.
Business and Industrial Zones:
All Streets
Pour (4) inch bituminous concrete, Type I,
consisting of a two and one-half (2½) inch
binder coat and a one and one-half (1~) inch
wearing surface.
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.
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 in Section IV-A, 1-j.
C. SHOULDERS
All areas between the exterior street lines and the curb lines
of the roadways thereon which are not occupied by sidewalks shall
be graded, loamed, and seeded with grass seed. The loam shall
be graded so that the surface at the exterior street lines shall
be two (2) inches higher that at the curb lines of the roadways.
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.
D. SIDEWALKS
Sidewalks of not less than four (4) feet in width shall be con-
structed on one or both sides of the street in conformity with
specifications of the Highway Surveyor when, in the opinion of
the Board, such sidewalks are necessary.
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 that specified in
Sections V, C-1 and V, C-2, concerning shoulders.
Bikeways and ~ootpaths may or may not be part of the normal
sidewalk provisions and they may or may not be part of any
lot. 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.
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E. SIDE SLOPES
All 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 de-
termined by the Highway Surveyor, to prevent erosion.
F. WATER FACILITIES
e
Water mains, with hydrants, valves and fittings, shall be con-
structed and installed within the. subdivision as necessary to
provide to al! 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·
Connections with the existing water system shall be made by the
Board of Public Works at the expense of the developer. Where
property adjacent to the subdivision is not subdivided, provi-
sion 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.
Water pipe shall be ductile iron cement lined, seal coated
inside, tar coated outside, ANSI specification A21.51 and
AWWAC 151 thickness class 52 ~ith a minimum size of eight (8}
inches, excluding hydrant branches, which shall be a six (6)
inch minimum. Gate valves shall be Mueller or equal AWWA
Specs. C500 and shall be installed at street intersections
and on hydrant branches with division gates not more than.
1,000 feet apart. Gate boxes shall be of the sliding type
and marked "WATER". Fire hydrants shall be Eddy type to
North Andover Board of Public Works or Fire Department speci-
fications, and shall be one (1) foot outside the property
line and located at every intersection, at the beginning of
and within the subdivision amd with the intermediate hydrants
located where the distance between hydrants does not exceed
500 feet. A two and one-half (2~) foot diameter by two {2}
foot drainage basin of screened stone wall 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 accor-
dance 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. Water service locations shall
be filed with the office of the Board of Public Works.
10.
-27 "~ 01
The water system shall be laid out and constructed in conformity
with the specifications of the Board of Public Works.
Where, in the opinion of the Board of Public Works, reasonably
accessible water mains are not available and will not become
available within a reasonable time, and the Board of Public
Works so informs the Planning Board, the Board may waive the
requirement of the construction of such m~ins. In such cases,
however, each lot shall be provided with a source of domestic
water supply satisfactory to the Board of Health.
Hydrants shall be installed by the subdivider to the specifica-
tions of the Board of 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,
At every street intersection, there shall be installed a water
gate, one on each lateral.
G. SANITARY SEWER,FACILITIES
Sewer pipes and related equipment, such as manholes and connecting
Y's, shall be constructed and installed within the subdivision
as necessary to serve all lots adequately.
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.
Sewer pipe shall be unglazed full strength vitrified clay and
shall conform to ASTM Designation G200. Minimum sewer invert
depth shall be four and one-half (4½) feet below finished grade.
Maximum distance between manholes shall be three hundred (300)
feet.
Manholes shall conform to AS?M 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 pre-
formed bitumastic sealant.
Manhole rings shall be aluminum AlloY 6061-T6. Pipe connec-
tions shall be of the neoprene boot with stainless steel clamp
ty~e or approved equal. Manhole frames and covers shall be cast
iron, lettered "SEWER" and shall be eight (8) inches high.
Sewer lines shall be submitted to tow pressure air tests in
accordance with the Ramseier Procedure.
Service connections 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 lo-
cations shall be filed with the office of the Board of Public
Wor~s.
-28-
The sanitary sewer system shall be laid out and constructed .in
conformity with the specifications of the Board of Public Works.
Where, in the opinion of the Board of Public Works, reasonably
accessible sanitary sewer mains are not available and will not
become available within a reasonable time, and the Board 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.
DRAINAGE
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 Iow points in streets, to con-
trol erosion, 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; 1) storm
water shall be recharged rather than piped to surface waters;
and, 2) peak flow rates at the boundaries of the development
shall be no higher following development than prior to develop-
ment.
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 sub-
mitted for approval to indicate the slope and location of the
gutter grade.
A catch basin to drain manhole configuration shall be used. A
manhole shall be constructed at all angle points, grade changes
of the pipe, or points of entrance to the drain system by pipes
over three (3) inches in diameter in difference. Drain manholes
shall be constructed at a minimum of four hundred (400) feet
apart.
Headwalls shall be constructed at all inlets and outlets to the
piped drainage system and shall be either:
1. Formed and poured concrete with chamber e~ges
2. Stone and mortar
3. Precast flared sections
All headwalls shall be of good workmanship and finish. Con-
struction details of any headwall to be used shall be submitted
to the Planning Board for approval and become part of the sub-
division plans. Headwalls shall conform to the following mini-
mum 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 gra.de, 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;
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;
d) concrete to be of at least 2,500 psi. and all work to
be of good quality workmanship and finish.
Stone Headwalls
a) footings shall be three (3) feet in depth and two and one-
half (2~) feet in width of concrete;
b) stone' l~id 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;
d} stone shall be of 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 Highway Surveyor 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 specifi-
cations of the Highway Surveyor and shall require written
approval of t~e Highway Surveyor, including release of the Town
of maintenance responsibility. Any such connection shall also
have the written approval of the Board of Health if such pro-
posed drain was not shown on the subdivision plans.
Proper connection shall be made wi~h any existing drains in
adjacent streets or easements which prove adequate to accomodate
the drainage flow from the subdivision. In the absence of such
facilities or inadequacy of the same, it shall be the responsi-
bility of the developer to extend drains from the subdivision as
required to properly dispose of all drainage from the subdivi-
sion in a manner to De determined proper by the Board. Should
any such outlet extend onto adjoining privately owned property,
the developer should obtain all necessary e~sements 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 Highway
Surveyor.
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.
74
10.
11.
12.
13.
The storm drainage system shall be laid out and constructed in
conformity with the specifications of the Highway Surveyor.
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.
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.
All drain pipe shall be a minimum of twelve {!2) inches, in-
side diameter, made of 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.
Underdrains may be required if in the opinion of the BOard,
water tables are sufficiently high and road cuts are severe.
All catch basins and manholes shall be four {4) feet in diameter
inside with a thirty (30) inch minimum sump on catch basins and
shall be constructed of precast concrete units. Manhole frames
and covers and all construction shall be in conformance with
the specifications of the Highway Surveyor. Any brick used
shall be clay brick. All joints shall be well mortared with
good grade cement mortar and eight (8) inch barrell blocks
will be allowed in pipe courses only.
All storm drains, culverts, and related facilities shall be
maintained during construction in accordance with the require-
ments and specifications of the Planning Board and Highway
Surveyor.
I, UTILITIES
Utility systems, such as electricity, telephone, and gas shall
be installed entirely underground, within the limits of the sub-
division. Plans of electric, telephone, and gas systems shall
be provided to the Board of Public Works prior to installation.
Such utilities shall be installed in accordance with safety
standards of the Board of Public Works.
Utility systems will be installed so that service may be ex-
tended 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
J. 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.
o
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.
Where, in the opinion of the Fire Department, reasonably access-
ible 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.
K. .STREET TREES
Street~trees, of a size an~ species approved by the Tree
Warden, shall be planted on each side of every street in the
subdivision wherever, in the opinion of the Tree Warden, existing
woodlands or suitable individual trees are not retained.
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.
New trees shall be at least two and one-half (2½) inches caliper
and shall be planted approximately six (6) feet outside the
exterior street lines, at intervals of approximately fifty (50)
feet, subject to the location of driveways, street intersections,
or other subdivision features.
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 o-f new trees shall
be in conformity with the specifications of the Tree Warden.
L. MONUMENTS
1. Monuments shall be set'on the exterior street lines at alt angle
points, at all points of change in direction of curvature, and
at all street intersections.
Such monuments shall be set in bank gravel with their tops at
the proposed finished surface grade, unless the Highway Surveyor
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(½) inch diameter by two (2) inches deep shall be placed
in the center of the top of each monument.
3. Monuments. will be in conformity with the specifications of the
Highway Surveyor.
-32-
M. 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 which a private street within
the subdivision intersects with an existing public way, there
sha'll 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 Highway Surveyor.
SECTION VI. ADMINISTRATION
A. VARIATION
Strict compliance with these Rules and Regulations may be waived
when, in the judgment of the Board, such action is in the public
interest and not inconsistent with the Subdivision Control Law.
B. REFERENCE
For matters not covered by these Rules and 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.
The foregoing revised Rules and Regulations were adopted at a meeting
of the Planning Board of the Town of North Andover duly held on
August 4, 1981.
APPENDIX
FORM A
FORM B
FORM C
FORM D
FORM E
FORM F
FORM G
FORM H
FORM I
FORM J
FORM K
FORM L
FORM M
FORM N
FORM 0
FORM P
FORM q
FORM R
FORM S
FORM T
Application for Endorsement of Plan Believed Not
to Require Approval
Application for Approval of Preliminary Plan
Application for Approval of Definitive Plan
Designer's Certificate
List of Abutters
Performance Bond Surety Company
Performance Secured by Deposit of Money
Performance Secured by Bank Passbook
Covenant
Release Form
Performance Secured by Lender's Agreement
Referral Form
Conveyance of Easements and Utilities
Inspection Form_
Control Form for Processing Subdivision Plan and
Construction
Certificate of Completion and Release of Municipal
Interest in Subdivision Performance Security
Certificate of Amendment, Modification, or Rescission
of Approval of Definitive Subdivision Plan
Performance Secured by Registered Negotiable Securities
Town Clerk's Certificate of Preliminary/Definitive Plan
Submission
Construction Schedule
'~7~eceived by Town Clerk:
FORM A
APPLICATION FO~ ENDORSEMENT OF PLAN
BELIEVED NOT TO REQUIRE APPROVAL
, 19
To the Planning Board of the Town of North Andover:
The undersigned wishes to record the accompanying plan and requests a
determination by said Board that approval by it under the Subdivision
Control Law is not required. The undersigned believes that such approval
is not required for the following reasons:
The division of land shown on the accompanying plan is not a sub-
division because every lot shown thereon has the amount of ~rontage
required by the North Andover Zoning By Law and is on a public way,
namely, , or a private way, namely,
being land bounded as follows:
2. The division of land shown on the accompanying plan i~ not a sub-
division for the following reasons:
3. Title reference North Essex Deeds, Book ~ Page ; or
Certificate of Title No. , Registration Book
Page
Applicant's Signature:
Owner's signature and addre_ss if not
the applicant:
Applicant's Address:
.F~R~ B
AP?,LICA?~O~ FOR, ,,,APPROVAL O~ A PP~LI~NARr P,,L~
To the Plamming Board of the To~n of North Andover:
The undersigned, being the applicant as defined under Chapter ~1, Section 81-Lt
for approval of a proposed subdivision sho~n On a plan entitled
being land bounded as follows:
dated
.... , 19 ,
hereby submits said plan as a PREEI~INARY subdivision plan in accordance ~ith the ~
Rules and Regulations of the North Andover Planning Board and makes application to
the Board for approval of said plan.
Title reference:
North Essex Deeds, Book
Certificate of Title No.
Other:
e Page .... ; or
,, Registration Book , Page ; or
Received by Town Clerk:
Date:
Time=
Signature= ,
Applicant's signature:
Applicamt's address .....
Owmer's signature and addres~ if not the
applicant~
AP,PLaCATiON FOR APPROVAL OF DEF~,NIT~
, 19 ..
To the Planning Board of the Town of North And~ver:
The undersignedt being the applicant as defined under Chapter Alt Secti. on
$1-Lt for approval of a proposed subdivision shown on a plan entitled
by dated _
being land bounded as follows: .. . .
Hereby sub'its 'said plsn as a u~'h~T~'vg plan 'in ac~cordan~e ~ith the Rules and
Regulations of the North Andover Planning Board and makes application to the
Board for approval of said plan.
North Essex Deeds, Book
Certificate of Title No.
Other:
t Page ..; or
, Regi~trationBook
..., page.____; or
Title Reference:
Said plan has( ) has not( ) evolved from a preliminary plan submitted to
the Board of 19 and approved (with modifications) ( )
sapprovod ( )' o4 ,~ , 19 ·
The undersigned harebyapplies for the approval of said DEFINITIVE plan
by the Board, and in furtherance thereof hereby agrees to abide by the Board's
Rules and Regulations. The undersigned hereby further covenants and agrees
with the To,n of North Andover, upon approval of said DEFINITIVE plan by the
Board: . -
1. To inst~ll utilities in accordance with the rules and regulatioas of the
Planning Board, the Public Works Department, the Highway Surveyor, the
Board of Health, and ~1 general as well as zoning by-la~s of said Town,
as are applicable to the inst~lation of utilities within the limits of
ways and streets;
2. To complete and construct the streets or ways and other improvements sho~n
thereon in accordance with Sections Iv and V of the Rules and Regulations
of the Planning Bo~rdand the approved DEFINITIVE plan, profiles and cross
sections of the same. Said plan, profiles, cross secti~.ns..m~d c?str~.cti~o~_
a par~ of this application. This app'~ca~xon an~ ~
ments herein shall be binding upon all heirs, e.x~.c~.to?, a~. ini~trat~_~s~_
successorst grantees of the whole or part of sax~ Aana, ant assmgns o~ ~
undersigned; and
To complete the aforesaid inst-~otions and construction within two (2)
years from the date hereof.
jeceived by Town Clerk: ......
Signature of Applicant
we'Date: ...... ·
Time: ,,,
Signature: ...... -, Address
D£SIGNER~S C£RTZF~CATE
, 19
TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER~
In preparing the plan entitled
I hereby certify that the above named plan and accompanying data is true
and correct to the accuracy required by the current Rules and Regulation~
Governing the Subdivision of Land in North Andover~ Massachusetts, and
my source of information about the location of boundaries shown on said
plan were one or more of the following:
1. Deed from to
dated
Registry in Book
Other plans, as follows
and recorded in the
, Page
3. Oral information furnished by
4. Actual measurement on the ground from a starting point established
by
5. Other Sources
(Seal of Engineer or
Surveyor)
Signed
(Registered Professional Engineer or
Registered Land Surveyor)
Address
FORM E
CERTIFIED LIST OF ABUTTERS
TO THE PLANNING BOARD OF THE TOWN OF NORTH ANDOVER~
:, 191
The undersigned, being an applicant for approval of a Definitive
Plan of a proposed subdivision entitled ~
submits the following sketch of the land in the subdivision listing the
names of the adjoining owners in their relative positions and indicating
the address of each abutter on the sketch or in a separate list, in-
cluding owners of land separated from the subdivision only by a street.
SignatUr~ of Applicant
Address'
, 19
TO THE PLANNING BOARD OF THE TOICN OF NORTH ANDOVER~
This is to certify that at the time of the last assessment for taxation
made by the Town of North Andover, the names and addresses of_the parties
assessed as adjoining owners to the parcel of land shown above were as
above written, except as follows'~
ASsessor
FORM F
PERFORMANCE SECURED BY A SURETY COMPANY'
, 19
,Massachusetts
AGREEMENT made this date between the town of
and ., hereinafter referred to as "the applicant"
of ; and ,
a corporation duly organized and'existing under the laws of the state of
, and having a usual place of business at
, hereinafter reffered to as "the
surety," to secure construction ofways and installation of municipal
services in the Subdivision of Land shown on a plan entitled:
by:
dated: owned'by:
address: land located
and showing
proposed lots.
KNOW A'LL MEN by these presents that the applicant and the surety
hereby bind and obligate themselves, their, or its executors, adminis-
trators, devisees, heirs, successors and assigns, jointly and severally
to the town of , a Massachusetts municl
corporation, acting through its Planning Board, in the sum of
dollars, and have secured this obligation by depositing w~th t~ Tre
of said town of a surety bond to secure
the above sum of money, said surety bond to be used to insure the per-
formance by the applicant of all covenants, cQnditions, agreements, terms
and provisions contained in the following:
1. Application for approval Definitive Plan (Form C) dated;
2. The Subdivision Control Law and the Planning Board's Rules and Regu-
lations governing this subdivision and dated
3. Conditions included in the Certificate of Approval issued by the
Planning Board and dated ~
4. The Definitive Plan as qualified by the Certificate of Approval~ and
Other document(s) specifying construction or installation to be com-
pleted, namely
(Specify other d6cument$, if any, and list lots secured if only a
part of the subdivision is secured by a surety company).
This agreement shall remain in full force and effect until the applicant
has fully and satisfactorily performed all obligations, or has elected
to provide another method of securing performance as provided in M.G.i
Chapter 41, Section 81-U.
(Page 1 of 2)
Upon completion by the applicant of all obligations as specified herein,
on or before , or such later date as may
be specified by vote of the Planning BOard with the written concurrence
of the applicant and the surety, the interest of the town, in such ~surety
bond shall be released, the surety bond shall be returned to the surety,
and this agreement shall become void. In the event the applicant should
fail to complete the construction of ways and installation of municipal
services as specified in this agreement and within the time herein spe-
cified, the surety bond may be enforced, in whole, or in part, by the
Planning Board for the benefit of the town of
to the extent of the reasonable cost to the town of completing such
construction or installation as specified in this agreement. Any unused
portion of the surety bond will be released and the unused portion of
the surety bond will be returned to the surety upon completion of the
work by said town.
The town of acting by and through its Planning
Board hereby agrees to accept the aforsaid surety bond in the amount
specified in this agreement as security for the performance of the
project as aforsaid.
Any amendments to this agreement and/or to the aforsaid security shall
be agreed upon in writing by all parties to this agreement.
IN WITNESS WHEREOF we have hereunto set our hands and seals this
of , 19
Signatures of a majority of
the Planning Board of the
town o f
Signature of Applicant
Signature of Authorized Rep-
resentative of the Surety
COMMONWEALTH OF MASSACHUSETTS
,ss , 19__
Then personally appeared one of the above
named members of the Planhing Boafd"~f ...... j Massachu-
setts, the Applicant, and the Authorize3 RePrdsent~tive'of'the Surety,
and acknowledged the foregoing instrument to be the free act and deed
of said parties before me.
Notary Public
(Page 2 of 2)
My commission expires;
FORM G
PERFORMANCE SECURED BY DEPOSIT OF MONEY
, 19
,Massachusetts
A~REEMENT made this date between the town of
and , hereinafter referred to as "the
applicant" of , to secure construction of
ways and installation of municipal services in the subdivision of land
shown on a plan entitled:
by , Uated , owned by
, address
, land located
, and showing proposed lots.
KNOW ALL MEN by these presents that the applicant hereby binds and
obligates himself, his or its executors, administrators, devisees, heirs,
successors and assigns to the town of , a
Massachusetts municipal corporation, acting through its Planning Board,
in the sum of dollars, and has secured this obligation by
depositing with the Treasurer of said town of
a deposit of money in the above sum to be deposited in a subdivision
escrow account in the name of the town. The deposit of money is to be
used to insure the performance by the applicant of all covenants, con-
ditions, agreements, terms and provisions contained in the following:
1. Application for Approval Definitive Plan (Form C), dated
2. The Subdivision Control Law aAd the Planning Board's Rules and Regu-
lations governing this subdivision and dated
3. Conditions included in the Certificate of Approval issued by the
Planning Board and dated
4. The Definitive Plan as qualified by the Certificate of Approval; and
Other document(s) specifying construction or installation to be com-
pleted, namely
(Specify other documents, if any, and list lots secured if only a
part of the subdivision is secured by a deposit of money).
This agreement shall remain in full force and effect until the applicant
has fully and satisfactorily performed all obligations or has elected to
provide another method of securing performance as provided in M.G.L.
Chapter 41, Section 81-U. ~
(Page 1 of 2)
Upon completion by the applicant of all obligations as specified herein,
on or before
, or such later date as may
be specified by vote of the Planning BOard with the written concurrence
'of the applicant and the surety, the interest of the town, in such surety
bond shall be released, the surety bond shall be returned to the surety,
and this agreement shall become void. In the event the applicant should
fail to complete the construction of ways and installation of municipal
services as specified in this agreement and within the time herein spe-
cified, the surety, bond may be enforced, in whole, or in part, by the
Planning Board for the benefit of the town of
to th~ extent of the reasonable cost to the town of completing such
construction or installation as specified in this agreement. Any unused
portion of the surety bond will be released and the unused portion of
the surety bond will be returned to the surety upon completion of the
work by said town.
ThE town of acting by and through its Planning
Board hereby agrees to accept the aforsaid surety bond in the amount
specified in this agreement as security for the performance of the
project as aforsaid.
Any amendments to this agreement and/or to the aforsaid security shall
be agreed upon in writing by all parties to this agreement.
IN WITNESS WHEREOF we have hereunto set our hands and seals this
of ~ 19
Signatures of a majority of
the Planning Board of the
town o f
Signature of Applicant
Signature of Authorized Rep-
resentative of the Surety
COMMONWEALTH OF MAsSACHusETTS
,ss - , 19
Then personally appeared one of the above
named members of the Planning Board of ...... " ~ Massachu-
setts, the Applicant, and the Authorized Representative~of'the Surety,
and acknowledged the foregoing instrument to be the free act and deed
of said parties before me.
(Page 2 of 2)
Notary Public
My commission expires:
FORM H
PERFORMANCE SECURED BY BANK PASSBOOK
, 19
,Massachusetts
AGREEMENT made this date between the town of
and , hereinafter referred to as "the
applicant" of , to secure construction
of ways and installation of municipal services in the Subdivision of
Land shown on a plan ~ntitled:
by: , dated:
owned by: , address
, land located
, and showing proposed lots.
KNOW ALL MEN by these presents that the applicant hereby binds and
obligates himself, his, or its executors, administrators, devisees, heirs,
successors and assigns to the town of , a
Massachusetts municipal corporation, acting through its Plannint Board,
in the sum of dollars, and has secured this obligation by
deposit with t~e Treasurer of said town of
a deposit of money for the above sum represented by Bank passbook No.
with an order drawn on the '
Bank of , payaD]e to' ~he order of
the Planning Board of the town of , said
sum to be used to insure the performance by the applicant of all cov-
enants, conditions, agreements, terms and provisions contained in the
following:
Application for Approval' Definitive Plan (Form C), dated:
The Subdivision Control Law and the Planning Board's Rules and Regu-
lations governing this subdivision and dated ·
Conditions included in the Certificate of Approval issued by the
Planning Board and dated:
The Definitive Plan as qualified by the Certificate of Approval; and
Other document(s) specifying construction or installation to be
completed, namely:
(Specify other documents, if any, and list lots secured if only a
part of the subdivision is secured by a bank passbook).
This agreement shall remain in full force and effect until the applicant
has fully and satisfactorily performed all obligations, or has elected
to provide another method of securing performance as provided by M.G.L.
Chapter 41, Section 81-U.
(Page 1 of 3)
Upon completion by the applicant of all obligations as specified herein,
on or before , or such later date as may
be specified by vote of the Planning BOard with the written concurrence
of the applicant and the surety, the interest of the town, in such sur'ety
bond shall be released, the surety bond shall be returned to the surety,
and this agreement shall become void. In the event the applicant should
fail to complete the construction of ways and installation of municipal
services as specified in this agreement and within the time herein spe-
cified, the surety bond may be enforced, in whole, or in part, by the
Planning Board for the benefit of the town of
to the_extent of the reasonable cost to the town of completing such
construction or installation as specified in this agreement. Any unused
portion of the surety bond will be released and the unused portion of
the surety bond will be returned to the surety upon completion of the
work by said town.
The town of acting by and through its Planning
Board hereby agrees to accept the aforsaid surety bond in the amount
specified in this agreement as security for the performance of the
project as aforsaid.
Any amendments to this agreement and/or to the aforsaid security shall
be agreed upon in writing by all parties to this agreement.
IN WITNESS WHEREOF we have hereunto set our hands and seals this
of , 19 .
Signatures of a majority of
the Planning Board of the
town o f
Signature of Applicant
Signature of Authorized Rep-
resentative of the Surety
COMMONWEALTH OF MASSACHUSETTS
,ss , 19
Then personally appeared ..:,one of the above
named members of the Planning Board of ' ' , Massachu-
setts, the Applicant, and the Authorized Representative'Of'the Surety,
and acknowledged the foregoing instrument to be the free act and deed
of said parties before me.
(Page 2 of 2)
Notary Public
My commission expires:
FO RM I
COVENANT
,Massachusetts
KNOW ALL MEN by these presents that the undersigned has submitted an
application dated ~ , to the ~ ~ Planning
Board for appro'val of a Definitive Plan of a g~6'~'ivisi0fi'"~f land entitled:
,.., plan by: ~
, dated: , and
owned by: , address':
, land located:
, and showing proposed
lots. The undersigned has requested the Planning Board to apProve such
plan without requiring a performance bond.
IN CONSIDERATION of said Planning Board of
in the county of approving said plah without requiring a
performance bond, the undersigned hereby covenants and agrees with the
inhabitants of the town as follows:
That the undersigned is the owner* in fee simple absolute of all the
land included in the subdivision and that there are no mortgages of
record or otherwise on any of the land, except for those described
below, and that the present holders of said mortgages have assented
to this contract prior to its execution by the undersigned.
If there is more than one owner, all must sign. ~Applicant" may
be an owner or his agent or representative, or his assigns, but
the owner of record must sign the covenant.
That the undersigned will not sell or convey any lot in the subdi-
vision or erect or place any permanent building on any lot until
the construction of ways and installation of municipal services
necessary to adequately serve such lot has been completed in accor-
dance with the covenants, conditions, agreements, terms and provisions
as Specified in the following:
a. The Application for Approroval of Definitive Plan (Form C).
b. The Subdivision Control Law and the Planning Board's Rules and
Regulations governing this subdivision.
c. The Certificate of Approval and the conditions of approval spe-
cified therein, issued by the Planning Board, dated
d. The Definitive Plan as approved and as qualified by the Certi-
ficate of Approval. ~
Other document(s) specifying construction to be completed,
namely,
(Page 1 of 3)
However, a mortgagee who acquires title to the mortgaged premises
by foreclosure or otherwise and any succeedin~ owner of the mort
premises or part thereof may sell or convey eny lot, subject onl.
that portion of this covenant which provides that no lot be sold
or conveyed or shall be built upon until ways and services have
been provided to serve such lot.
That this covenant shall be binding upon the executors, adminis-
trators, devisees, heirs, successors and assigns of the undersigned
and shall constitute a covenant running with the land included in
the subdivision and shall operate as restrictions upon the land.
That particular lots within the subdivision shall be released from
the foregoing conditions upon the recording of a certificate of
performance executed by a majority of the Planning Board and enum-
eratin.o the specific lots to be released.
That nothi~ng herein shall be deemed to prohibit a conveyance by a
single deed subject to this c~venant, of either the entire parcel
of land shown on the subdivision plan or of all lots not previously
released by the Planning Board. ·
That the undersigned agrees to record this covenant with the
County Registry of Deeds, forthwith, or to pay
the necessary recording fees to the said Planning Board in the event
the Planning Board shall record this agreement forthwith. Reference
to this covenant shall be entered upon the Definitive Subdivision
Plan as approved.
A deed or any part of the subdivision in violation of the covenant
shall be voidable by the grantee prior to the release of the cov-
enant~ but not later than three (3) years from the date of such
deed, ss provided in Section 81-U, Chapter 41, ~.~,L.
That this covenant shall be executed before endorsement of approval
of the definitive plan by the Planning Board and shall take effeCt
upon the endorsement of approval... ....
Upon final completion of the construction of ways and installation
of municipal services as specified herein, on or before .
the Planning Board shall r~lease this covenant by an
appropriate instrument, duly acknowledged. Failure to complete con-
struction and installation within the time specified herein or such
later date as may be specified by vote of the Planning Board with a
written concurrence of'the applicant, shall result in autogatic
rescission of the approval of the plan. Upon performance of this
covenant with respect to any lot, the Planning Board may release
such lot from this covenant by an appropriate instrument duly recorded.
10.
Nothing herein shall prohibit the applicant fr'om varying the method
of securing the construction of ways and installation of municipal
services from t~me to time or from securin~ by one, or in Part by
one and in part by another of the methods described in M.G.L.,
41, Section 81-U, as long as such security is sufficient in the
opinion of the Planning Board to secure performance of the con-
struction and installation.
(Pale 2 of 3)
For title to the property, see deed from 9~
dated , recorded in Registry of
Deeds, Book , Page , or registered in
Land Registry as Document No. , and no'ted on certificate of title
No. , in Registration Book ., Page
The present holder of a mortgage upon the property is
of
The mortgage is dated and recorded in '
Re§istry of Deeds, Book , Page , or registered
~n Land Registry as' Document No. ,
and n~ted on certificate of title No. , in Registration Book-- ,
Page The mortgagee agrees to hold the mortgage subject to t~e
covenants set forth above and agrees that the covenants shall have the
same status, force and effect as though executed and recorded before
the taking of the mortgage and further agrees that the mortgage shall
be subordinate to the above covenant.
, spouse of the undersigned applicant
'hereby agrees that such interest as I, we may have in the premises shall
be subject to the provisions of this covenant and insofar as is necess-
ary r~leases all rights of tenancy by the dower or homestead and other
interests therein.
IN WITNESS WHEREOF we have hereunto set our hands and seals this
of , 19
Acceptance by a Majority of
the Planning Board of
(Page $ of 3)
FORM J
RELEASE FORM
The undersigned, being a majority of the Planning Board of the Town
of North Andover, Massachusetts, hereby certil:y that.,
a. the requirements for the construction of ways and municipal services
called for the the Performance Bond or Surety and dated
Deeds, Book
, Page
, 19
and/or by the Covenant dated
, 19
and recorded in District
; or registered in
Land Registry District as Document No.
and noted on Certificate of Title No.
in Regis-
tration Book , Page .= has been completed/partially
completed, to the satisfaction of the Planning Board to adequately
serve the enumerated lots shown on Plan entitled"
Section(s) , Sheets ",
Plan dated , 19
__ recorded by the
Registry of Deeds, Plan Book .. ., Page
or registered in said Land Registry District, Plan Book
Plan and said lots are hereby released from the re-
strictions as to sale and building specified thereon.
Lots designated on said Plan as follows: (Lot number(s) and street(s)
(To be attested to by a Registered Land Surveyor)
I hereby certify that lot number(s)
on
Street(s)
do conform to layout as shown on Definitive Plan ent-itled"
Section Sheets
(Page 1 of 2)
Registered Land Surveyor
The Town of North Andover~ a municipal corporation situated in the
County pf Essex, Commonwealth of Massachusetts, acting by its duly
organized Planning Board, holder of a Performance Bond or Surety
dated , 19 , and/or a Covenant dated
, 19 from
of the City/Town of
, County, Massachusetts reco~ded with
the District Deeds, Book .,
Page , or registered in Land Registry District as Document
No. and noted on Certificate of Title No. in
Registration Book , Page , acknowledges satisfaction
of the terms thereof and hereby releases its right, title and in-
terest in the lots designated on said plan as follows:
EXECUTED as a sealed instrument this
day of , 19
Majority of the
Planning Board
o'f the Town of
North Andover
COMMONWEALTH OF MASSACHUSETTS
,ss. , 19
Then personally appeared , one of the
above named members of the Planning Board of the Town of North Andover,
Massachusetts and acknowledged the foregoing instrument to be the free
act and deed of said Planning Board, before me,
Notary Public
My Commission E~pires:
(Page 2 of 2)
FO~M K
PERFORMANCE SECURED BY
LENDER'S AGREEMENT
, 19
,Massachusetts
AGREEMENT made this date between the town of ;
and , hereinafter referred to as "the
applicant" of ;.
and , hereinafter referred to
as "the lender" of ·
to secure construction of ways and instali'ation of municipal services
in the subdivision of land shown on a plan entitled:
, by ·
dated: , owned by: ,
address: ,
land located: , and showing pro-
posed lots.
KNOW ALL MEN by these presents that the applicant and the Planning
Board of the town of have executed a
covenant, dated , 19 , recorded in the
Regist-~-~-~--of Deeds, Book ,
Page ; that the applicant has recorded a first mortgage wit~
lender ~-~-~'ed ~ , recorded in the
Registry of Deeds, Book ., Page __, coveting
as shown on the above-refer-
enced plan as security for the payment of a certain note in the prin-
cipal sum of '. dollars; and that the applicant and
lender hereby bind and obligate themselves, their, or its executors,
administrators, devisees, heirs, successors and assigns, jointly and
severally to the town' of , a Massachu-
.setts mucicipal corporation, a~ting.~hrough it~"'Planning 'Board, in the
sum of dollars, and have sec~.red this obligation
by the lender retaining said sum of money of said principal sum other-
wise due the applicant to insure the performance by the applicant of
all covenants, conditions, agreements, terms and provisions contained-
in the following:
1. Application for Approval Definitive Plan (Form C), dated ;
2. The Subdivision Control Law and the Planning Board's Rule~ and
Regulations governing this subdivision and dated ;
3. Conditions included in the Certificate of Approval issued by the
Planning Board and dated ;
4. The definitive plan as qualified by the Certificate of Approval; and
5. Other document(s) specifying construction or installation to be
completed, namely,
(specify other documents, if any, and list lots secured if only a
part of the subdivision is secured by a lender~,~ agreement)
(Page 1 of 3)
This agreement shall remain in full force and effect until the appli-
cant has fully and satisfactorily performed all obligations.
Upon completion by the applicant of obligations as specified in the
following schedule:
SUM TO BE
RETAINED
BY LENDER
1. $
2. $
3. $
STAGE OF
CONSTRUCTION
OR INSYALLA¥ION
TO BE COMPLETED
DATE WHEN
CONSTRUCTION
AND INSTALLA¥ION
IS TO BE COMPLETED
the interest of the town in such funds retained by the lender shall be
released, that portion of the agreement covering a specifi~ stage of
work shall become vaid, and the lender may disburse such funds which
have been held as security for a specific stage of work, to the appli-
cant~ In the event the applicant should fail to complete any stage
of construction of ways and installation of municipal services as spe-
cified in this agreement and within the time herein specified, any
funds remaining undisbursed shall be made available in whole, or in
part, by the lender to the Planning Board for the benefit of the town
of to the extent of the reason-
able cost to the tow~ of completing such construction or installation
as specified in this agreement. Any unused portion of such funds will
be released by the Planning Board and may be disbursed by the lender
to the applicant upon completion of the work by said town.
The town of acting by and through
its Planning B'oard hereby agrees to release the following lots
from the operation of the above referenced covenant given pursuant to
Section 81-U of Chapter 41, the Subdivision Control Law without receipt
of a bond or deposit of money and further to accept this agreement and
the funds in the amount specified herein to be retained by the lender
as security for the performance of the project as aforesaid. Upon
delivery of this agreement to the Planning Board, said lots shall be
released as herein specified.
The lender hereby agrees that none of the funds retained as secu~i'~,
as specified herein, shall be disbursed to the applicant without prior
written release of said funds by the Planning Board.
Any amendments to this agreement and/or to the aforesaid security
shall be agreed upon in writing by all parties to %his agreement.
(Pa~ 2 of 3)
IN WIYNESS WHEREOF we have hereunto set our hands and seals this
day of , 19
Signatures of a Majority of
the Planning Board of the
town of
Signature of Applicant
Signature of Authorized Rep-
resentative of the Lender
COMMONWEALTH OF'MASSACHUSE¥?S
,ss , 19
Then pers. onally appeared one of the
above named members of the Planning Board of .... ,
Massachusetts, the applicant, and the authorized representative of the
lender, and acknowledged the foregoing instrument to be the free act
and deed of said parties before me.
Notary Public
My Commission ~xpires:
(,Page 3 of 3)
FORM L
REFERRAL FORM
Preliminary/Definitive Plans
North Andover, Mass.
, 19
HIGHWAY SURVEYOR
SUPERINTENDENT OF PUBLIC WORKS
CONSERVATION COMMISSION
BUILDING INSPECTOR
FIRE CHIEF
POLICE CHIEF
TREE WARDEN
BOARD OF HEALTH
SUBDIVISION CONTROL COMMITTEE
The attached preliminary/definitive plans were submitted to-the'
Planning Board on
A public hearing has been scheduled for p.m. on
to discuss these plans.
May we have your comments 'and recommendations concerning this subdi-
vision by no later than Please return this
form and the plan with your comments and recommendations.
Thank you,
Clerk, Planning Board
FORM M
CONVEYANCE OF EASEMENTS AND UTILITIES
~onsideration of
delivers unto the town of
municipal corporation in
following~
, of
, County, Massachusetts; for the
, hereby grants, transfers and
County, the
Yhe perpetual rights and easements to construct, inspect, repair,
remove, replace, operate and forever maintain (1) a sanitary sewer
or sewers with any manholes, pipes, conduits and other appurtenan-
ces, (2) pipes, conduits and their appurtenances for the conveyance
of water, and (3) a covered surface and ground water drain or drains
with any manholes· pipes, conduits and their appurtenances, and to
do all other acts incidental to the foregoing, including the right
to pass along and over the land for the aforesaid purposes, in,
through, and under the whole of ,
dated , sjid plan is made and said plan is
incorpofate'd h~rein for a complete and detailed description of said
roads.
The perpetual rights and easement to use for
the following parcel of land situated on
Street in said town of
and bounded and describe~ as follows:
The grantor warrants that the aforesaid easements are free and clear
of all liens or encumbrances, that he (it) has good tittle to trans-
fer the same, and that he will defend the same against claims of all
persons.
For grantor's title see deed from
dated , 19
, Page
, registered in
of t'~e Land Court, Book
· and recorded in
Dist-F~ct Registry of Deeds, Book
, or under Certificate of ~itle No.
District
, Page
To be completed if a mortgage exists:
And of
the present holder of a
mortgage on the above dbscribed land, which mortgage is dated
· '19 __., and recorded in said Deeds, Book
· Page , for consideration paid, hereby releases
unto 'the 'town forever from the operation of said mortgage, the rights
and easements hereinabove granted and assents t~ereto.
(Page 1 of 2}
Authorized signature of Mortgagee
Owner
IN WITNESS WHEREOF we have hereunto set our--hands and seals this
day of , lg
COMMONWEALTH OF MASSACHUSETTS
~ss
Then personally appeared the above named
and acknowledged the foregoing to be
act and deed, before me,
, 19
free'
Notary Public
My Commission Expires:
NOTE: This conveyance is not effective until accepted by Town Meeting
or the Board of Selectmen.
(Page 2 of 2)
lO0
FORM N
INSPECTION FORM*
Name of Subdivision:
From Station:
To Station
Name and Phone Ilo. of Applicant:
Respons.ible Initials
Subject A~ent of Aqen.~.
Date of
Inspectio~
1. Clearing of Right of Way Highway Surveyor
2. Sub-grade preparation
It II
Drainage instalq ation
{below grade)
4. Gravel base
5. Curb installation
6. Binder course
7. Drainage (at surface)
8. Berm installation
9. Finish course
10. Sidewalk construction
11. Grass strips
12. Street signs & monuments
13. Final clean-up
14. Maintenance
15. Water installation
Public Works
16. Fire alarm installation
17. Street trees & planting
Fire Dept.
Tree Warden
18. Street lights P.B. Agent ..
* Responsible agency, Planning Board and Highway Surveyor, shall be noti-
fied and will make inspection within the day of requested inspection.
Inspection requests may be either written or by telephone. Each in-
spection shall be made in order and only upon satisfactory approval of
the HighWay Surveyor may construction continue. No inspection may be
waived except by joint approval of the Planning Board and the respon-
sible agency.
FORM 0
CONTROL FORM FOR PROCESSING
SUBDIVISION PLAN AND CONSTRUCTION
/_01
SUBDIVISION PLAN ENTITLED:
LAND LOCATED:
BY:
APPLICANT:
ADDRESS:
PHONE:
Date of Preliminary Plan
Date of Preliminary Plan Submission
Preliminary Plan Approval Date
Date of Definitive Plan
Submission Dates
Check: Rec'd Form Rec'd -. Plans Rec'd
Date of Definitive Plen Submission to Board of Health
Date Received Board of Health Report
Date of Plan Submission to Other Boards and Agencies:
Board
Date
Date Received Reports from Other Boards and Agencies:
Board
(Page ! of 2)
Approval Deadline Date: (S+60)
Hearing Date~ (H)
Date of Letters to Abutters:(H-14~
Date of Newspaper Notices (2) (H-14 days
for first notice)
Approval or Disapproval Date: (A)
Appeal Deadline Date (A+20 days)
Date of Performance Guarantee Agreement
Description of Performance Guarantee
Date Record Plans Endorsed
Date Plans and Performance Guarantee Recorded
Book No. Page No,
Date of Amendments or Extensions to Original Performance
Guarantee
Description of Amended Performance Guarantee
Date of Amendment Modification or Rescission
of Approval
Other
Releases
Lot Numbers
Date of Lot Release
Description of
Performance Guarantee
Date of Final Release/
Certificate of Completion
(Page 2 of 2)
FORM P
CERTIFICATE OF COMPLETION
AND
RELEASE OF MUNICIPAL INTEREST IN
SUBDIVISION PERFORMANCE SECURITY
Planning Board,
SUBDIVISION NAME:
OWNER:
OWNER'S ADDRESS:
APPLICANT, IF OTHER THAN OWNER~
APPLICANT'S ADDRESS
DATE OF SUBDIVISION PLAN:
DESIGNER OF PLAN:
LAND LOCATED:
, Massachusetts
_03
, 19
Plan recorded:
Plan and Certificate of Title No.
Registered: Registered Land Office of
of Deeds
Plan found in Book , Page
Registry of Deeds
Registry
Type of Performance Security.~
[] Covenant, dated:
Covenant recorded: Registry of Deeds
Covenant registered: Registered Land Office of
of Deeds
Covenant found in Book
, Page
Registry
F--] Bond~Agreement dated:
Surety Company:
Address of Surety:
(page 1 of 3)
104
Deposit of Money, agreement dated:
B'ank, if bank passbook:
Address of Bank:
F-I Other Security, agreement dated:
Letter of Credit, agreement dated:
Bank:
Address of Bank;
The undersigned, being a majority of the Planning Board of
, have determined that the construction of
ways and"the installation of municipal services in the subdivision re-
ferred to above have been fully and satisfactorily completed by the
applicant in accordance with the Board's Rules and Regulations to serve
the following enumerated lots:
Pursuant to Section 81-U of Chapter 41, M.G.L. and in consideration of
completion of said construction and installation, the town of
, a Massachusetts municipal corporation, acting
through fts Planning Board, hereby releases its interest in the performan
security referred to above.
Duly executed as a sealed instrument this
19
day of
Signed by a Majority of
the Planning Board of
(Page 2 of 3)
COMMONWEALTH OF MASSACHUSETTS
, ss 19
Then personally appeared one of the
above named members of the Planning Board of ,
Massachusetts and acknowledged the foregoing instrument to be his/'her
free act and deed before me.
Notary Public
My Commission Expires:
(Page 3 of 3)
106
TOWN OF
FORM q
PLANNING BOARD
, MASSACHUSETTS
CERTIFICATE OF AMENDMENT, MODIFICATION OR RESCISSION OF
APPROVAL OF DEFINITIVE SUBDIVISION PLAN
TOWN CLERK
TOWN OF
Massachusetts
On the motion/petition of , dated
and in accordance with Massachusetts General Laws,
C~pter 41, Section 81-W, it is hereby certified by the Planning Board
of the town of , Massachusetts, that at
a duly called and pr6~erly posted meeting of said Planning Board, held
on , it was voted to 'amend/modify/rescind
the approvai' of the definitive subdivision plan of land entitled: .
owned by:
of: , plan(s) dated.:
, and revised:
by: , and recon'ded at'the:
Registry of Deeds, Plan Book ,
Page , performance guarantee being
and recorded Book ,~.Page ., land located
, and showing
proposed lots, by mak'ing the following amendments/modification{s):/
by rescinding the approval for the following reasons:
All prior conditions of approval shall remain in full force and effect
until such time as 'they are met; pursuant to Massachusetts General Laws,
Chapter 41, Section 81-W, this Amendment/Modification/Rescission shall
take effect when duly recorded by the Planning Board at the -
Registry of Deeds the plan or originally approved,
or a copy thereof, a certified copy of this vote making such Amendment/
Modification or ReScission, and any plan or other document referred to
in this vote. Said recording to be at the expense of the applicant
in the case of Amendment or Modification.
The Amendment/Modification/Rescission of the ~pproval of this plan
shall not affect the lots in the subdivision which have been sold or
mortgaged in good faith and for a valuable consideration or any
rights appurtenant thereto, without the consent of the owner of such
lots, and of the holder of the mortgage or mortgages, if any, thereon.
(Page 1 of 2)
Written consent from said owners and mortgages, if any, is attached
hereto.
NOTE TO CLERK:
The Planning Board should be notified immediately of
any appeal to the Superior Court on this subdivision
Amendment/Modification/Rescission of the approval
made within the statutory 20-day appeal period.
If no appeal is filed with your office, the Planning
Board should be notified at the end of the 20-day
appeal period in order that the originally approved
plan may receive an appropriate endorsement and be
recorded along with a registered copy of the certi-
fied vote Amending/Modifying/Rescinding the approval.
A True Copy, attest:
Clerk, .~
Planning Board
Duplicate copy sent to applicant:
Planning Board
(Page 2 of 2)
_08
FORM R
PERFORMANCE SECURED BY REGISTERED
NEGOTIABLE SECURITIES (BONDS,
STOCKS, PUBLIC SECURITIES)
, 19
,Massachusett~
AGREEMENT made this date between the town of
and , ~ereinafter referred'to
as "the applicant" of
to secure construction of ways and installation~of municipal services in
the subdivision of land shown on a plan entitled:
by: , dated:
owned by: ' , address:
, land located:
, and showing lo'ts'.
KNOW ALL MEN by these presents that.the applicant hereby binds and
obligates himself, his or its executors, administrators, divisees, heirs,
successors and assigns to the town of , a
Massachusetts municipal corporation, acting through its Planning Board,
in the sum of ' dollars and has secured this
obligation by depositing with the Treasure~ of said town of
an instrument of transfer to the Planning Board of
said town, duly acknowledged, and prepared in a suitable form pursuant
to the provisions of the Massachusetts General Laws for the following
type of negotiable security , said
instrument of transfer shall also spebify the above sum of money as a
security for performance by the applicant of construction of the ways
and installation of municipal services in the aforesaid subdivision and,
where apt, a new certificate shall also be deposited with said Treasurer.
Said certificate shall be free from encumbrances and shall be issued
pursuant to Chapter 156-B, Section 30, M.G.L. in the name of the Planning
Board of said town and shall express on its face that it is held as
collateral security to insure the performance by the applicant of all
covenants, conditions, agreements, terms and provisions contained in.
the following:
Application for Approval Definitive Plan (Form C) dated
2. The Subdivision Control Law and the Planning Board's Rules and
Regulations governing this subdivision and dated
3. Conditions included in the Certificate of Approval issued by the
Planning Board and dated ;
4. The Definitive Plan as qualified by the Certificate of Approval; and'
Other document(s) specifying construction or installation to be com-
pleted, namely:
(specify other documents, if any, and list lots secured if only a
part of the subdivision is secured by a negotiable security).
(Page i of 3)
109
Upon completion by the applicant of all obligations as specified herein,
on or before , or such later date as may
be specified 6y vote of the Planning BOard with the written concurrence
of the a'pplicant and the surety, the interest of the town, in such surety
bond shall be released, the surety bond shall be returned to the surety,
and this agreement shall become void. In the event the applicant should
fail to complete the construction of ways and installation of municipal
services as specified in this agreement and within the time herein spe-
cified, the surety bond may be enforced, in whole, or in part, by the
Planning Board for the benefit of the-town of
to th~ extent of the reasonable cost to the town of completing such
construction or installation as specified in this agreement. Any unused
portion of the surety bond will be released and the unused portion of
the surety bond will be returned to the surety upon completion of the
work by said town.
The town of acting by and through its Planning
Board hereby agrees to accept the aforsaid sUrety bond in the amount
specified in this agreement as security for the performance of the
project as aforsaid. ·
Any amendments to this agreement and/or to the aforsaid security shall
be agreed upon in writing by all parties to this agreement.
IN WITNESS WHEREOF we have hereunto set our hands and seals this
of ~ 19
Signatures of a majority of
the Planning Board of the
town o f
Signature of Applicant
Signature of Authorized Rep-
resentative of the Surety
COMMONWEALTH OF MASSACHUSETTS
,ss -? .............. , 19__
Then personally appeared . .?,ope of the above
named members of the Planning Board Of ~ Massachu-
setts, the Appl~cant, and the Authorized Reprdsent~tive'Of' the Surety,
:and acknowledged the foregoing instrument to be the free act and deed
of said p~rties before me.
(Page 2 of 2)
Notary Public
My commission expires:
110
FORM S
TO~N CLERK'S CERTIFICATE OF
PRELIMINARY/DEFINITIVE PLAN SUBMISSION
THIS IS TO CERTIFY THAT ON
I RECEIVED FROM
A PRELIMINARY/DEFINITIVE SUBDIVISION PLAN ENTITLED:
TRUE COPY
ATTEST~
Town Clerk
FORM T
CONSTRUCTION SCHEDULE
111
SUBDIVISION:
DEVELOPER :
PHASE
ACTIVITY
STARTING
DATE
COMPLETION
DATE
Clearing of
Subgrade
Drainage
Water and Sewer
Gravel Base
Right of WaY
Preparation
(below grade) Installation
Installation
Curb Installation
Binder Course
Drainage (at surface)
Berm Installation
Finish Course
Tree Planting
Sidewalk Construction
Street Signs and Monuments
Final Clean-Up
Maintenance
Fire Alarm Installation
5. Final Completion Date
Recorded Dec.30,1981 at 3:~OPM #13828
'~'ON IN ~ MAP
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