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HomeMy WebLinkAbout1965-08-23TOWN OF NORTH ANDOVE:R MASSACHUSETTS BOARD OF APPEALS August 27, 1965 John J. Lyons, Town Clerk Town Building North Andover, Mass. Dear Sir: The follo~ decisions were made by the Boar~ of Appeals on h~arings held on ~nday evening, August 23, 1965: . 1. CHABTES T. MATSES and WILLIAM T. BR/I~ Gr-~te~ - UnsBtmous vote. 2. BORDEN CHEMICAL COMPANY Grated- ~aimous vote. e Hearing to be continued on Monday, August 30, 1965 at 7:30 P.M. 4. LYNCH & WILLIS Grante~ - 4-1 vote. Deyo voted against. Complete decisions on the above will be submitted within a f~, days. Very truly yours, BOARD OF APPEALS D~el T. O~Leary, Chairman AD RULES AND REGULATIONS GOVERNING THE SUBDIVISION OF LAND (CITY OR TOWN), MASSACHUSETTS Pl,l. rpose , , , , . , , , ..... Section I. Section II. Authority ......................... Genersl ........ . ............ A. 4iti s B. Plan Believed Not to Require Approval C. Subdivision Section III. Procedure for the Sub, salon and Approval of Plsns A. Preliminary Plan 1. General 2. Contents 3. Tentative Approval B. Definitive Plan 1. General 2. Contents 3. Performance Guarantee 4. Review by Board of Health as to Smitabillty of the Lend 5. Pmblio Hearing 6. Certificate of Approval Sectiea IV. Design Standards ...... . ............... A. Streets B. Easements C. Open Spaces D, Protection of Natursl Festurea Section V. Required Improvements for aa Approved Subdivision ..... A. Street and Roadway B. Utilities C. Side,s lks D. Monuments Section VI. A~m~nistrstion ....................... A. Variation B. Reference Form A. Application for Endorsement of Plan Believed Not to Require Approval Form B. Application for Approval of Definitive Plan -1- RULES AND REGULATION~ GOVERNING THE SUBDIVISION ~F LAND NORTH ANDOTgR, MASSACHUSETTS (Adopted under The Subdivision Control Law Sections 81-K to SI-Ga inclusive, Chapter 41, G.L.) PURPOSE (Section 81-N of Chapter 41 G.L.) '~he subdivision control law has been enacted for the purpose of protecting the safety, convenience and ~elfsre of the inhabitants of the cities and towns in which it is, or may hereafter be, put in effect by regulating the laying out end construction of ways in subdivisions providing sccess to the several lots therein, but which have not become public ways, end ensuring sanitary conditions in subdivisions and in proper cases perks and open areas. The powars of s planning board and of s board of appeal under the subdivision control law shell 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 end con- venient for travel; for lessening congestion in such ways and in the adjacent public ways; for reducing danger to life and limb in the operation of motor vehicles; for securing safety in the case of fire, flood, panic and other emergencies; for insuring compliance with the applicable zoning ordinances er by-laws; for securing adequate provision for water, sewerage, drainage and other requirements where necessary in s 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 locsted end with the ways in neighboring subdi- visions." SECTION I. AUTHORITY Under the authority vested in the Planning Board of the Tow of No~th Andover by Section 81-Q of Chapter 41 of the General Laws, said Board hereby adopts these rules sn~regulations governing the subdivision of land in the To~n of North Andover.~Such rules an~regulations shall be effective on and after the 10th day of'January SECTION II. ~ENERAL l._~efinittens "Subdivision" shall mean the division of a trsct of land into two or more lots in such manner as to require provision for one or more new ways, not in existence when the subdivision control law became effective in the Town of North andover, to furnieh access for vehicular traffic to one or more of such lots, and shall include resubdivision, and, when appropriste to the context, shall relate to the process of subdivision or the land or terri- tory subdivided. "Board" shell mesh the Plsnning Board of the To~n of North Andover. -2- Plan Believed Not to Require A~provsJ_ Any parson 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 S~bdivision Control Law, may sub- mit his plan and application Form A (see Appendix) to the Planning Board accompanied by the necessary evidence to show that the plan does not re- quire approval. Said person shall file, by delivery or registered mail, s notice with the To~n Clerk stating the date of submissic~ for such de- termination end accompanied by s copy of said application. If the Board determines that the plan does not require approval, it shall without a public hearing and within fourteen days of submission endorse on the plan the words 'Planning Board approval under Subdivision Control Law not required". Said plan shall be returned to the applicant and the Board shall notify the To~n Clerk of its action. If the Board determines that the plan does require approval under the Sub- division Control Law, it shall within fourteen days of submission of said plan so inform the applicant and return the plan. The Board shall also notify the Town Clerk of its determination. C. Subdivision No person shall make s subdivision within the meaning of the Subdivision Control Law of shy lend within the town, or proceed with the ~ .mprovement or sale of lots in a subdivision, or the construction of ways, or the installation of municipal services therein, unless and until a Definitive Plan of such subdivision has been submitted to and approved by the Plan- ning Board ss hereinafter provided. SECTION III. PROCEDURE FOR THE SUBMISSION AND APPROVAL OF PLANS A. Prel. iminsry. Plan 1. 6enersl A Preliminary Plan of a subdivision may be submitted by the subdivider for discussion and tentative approval by the Board. The submission of such a Preltmt-ary Plan will enable the subdivider, the Board, other ,~,uicipal agencies and o~ners of property abutting the subdivision to discuss and clarify the problems of such subdivision before s Definitive Plan is prepared. Therefore, it is strongly recommended that a Prelim- inary Plan be filed in every case. Contents The Preliminary Plsn maybe dre~n on treoing paperwith pencil at a suitable scale and[two ]prints shall be filed at the office of the Boerd. Said Preliminary Plan should show sufficient information about the sub-division to forms clear basis for discussion of its problems and for the preparation of the Definitive Plan. -3- Such ~nfor~tion All includa major site festurez ~uch s~ exi~t~g stye ~a~s. fences, build.s, lsr~ t~es. rock rides and ~tcro~gs. swamps end ~ter bodies, and ~ist~g to~gr~p~ ss ~qu~d, toget~r with the ~fo~ti~ re~i~d ~ items "s" to "~d]", ~clusi~, ~ the Con~nts ~ Def~iti~ Plan (~cti~ III-B-2). ~g dis~ssi~ of the ~el~ins~ ~an the ~mplete ~for~ti~ re~i~d for the ~f~iti~ ~an (Secti~ II-B-2 Contents) and t~ f~ancial srren~nts (Section II~-B-3 Perfo~n~ G~sran~e ) will ~ de~lo~d. 3. Tentative Approval The Planning Board may give such Preliminary Plan its tentative spprovsl, with or without modification. Such tenteti~e approval does not consti- tute approval of e subdivision but does facilitate the procedure in securing final approval of the Definitive Plan. Definitive Plan 1. ~enerel Any person who submits e Definitive Plan of e subdivision to the Planning Board for approval shall file with the Bosrd the following: An original drawing of the Definitive Plan end fthree] contact prints thereof, dark line on white background. The original drswing will he returned sfter approval or disapproval. b. A properly executed spplicetion Form B (see Appendix). c. A deposit of $15 to cover the cost of advertising and notices. The applicant shall file by delivery or registered mail e notice with the To~ Clerk stating the date of submission for such spprovel and eccompsnied by e copy of the completed application (Form B). 2. Contents The Definitive Plan shell be prepared by an engineer or surveyor snd shsll be clesrly snd legibly dre~n in black India ink upen tracing cloth. The plan shall be et s scale of one inch equsls [~forty] feet or such other scale es the Board may accept to show details clearly and adequately. Sheet sizes shall preferably not exceed 24" x 36". If multiple sheets are used, they shall be accompanied by an index sheet showing the entire subdivision. The Definitive Plan shell contain the following information: Subdivision name, boundaries, north point, date and scale. b. Name and address of record o~ner, subdivider end engineer or c. Names of ell sbuttors es they appear in the most recent tax list. -4- de Existing and proposed lines of streets, ways, l°ts, easements, and public or common areas within the subdivision. (The proposed names of proposed streets shall be shown in pencil until they have been ~pproved by the Board. ) em Sufficient data to determine the location, direction and length of every street and way line, lot line and boundsry line, and to estab- lish these lines on the ground. f. Location of all permanent monuments properly identified as to whether existing or proposed. g. Locsti~n, names and present widths of streets bounding, spprosching ' or within ressoneble prox!mAty of the subdivision. h. Suitable space to record the action of the Bosrd and the signatures of the members of the Board (or officially authorized person). Items i, J snd k may be submitted on the sam~ sheet as the Definitive Plan or on separate sheets. i. Existing snd proposed topography st s suitable contour interval as required by the Board. Profiles on the exterior lines of proposed streets st a horizontsl scale of one inch equsls ['forty.] feet and vertical scale of one inch equa.ls [four] feet, or such other scales acceptable to the Board. Ail elevations shsll refer to the town datum, k. Proposed layout of storm drainage, water supply end sewage disposal systems. .~ 3. Performance Guarantee ~ __ a. Final approval with bonds or surety. Before approval of a Definitive Plan of s subdivision, the subdi- vider shall either file a performance bond or deposit money or negotiable securities in an smount determined by the Board to be sufficient to cover the cost of all or any part of the improvements specified in Section V, or follow the procedure outlined in below. Such bond or security if filed or deposited shall be ap- proved as to form and manner of execution by the Town Counsel and as to sureties by the Selectmen, and shall be ~ontingent on the completion of such improvements within Etwo] years of the date of the bond. b. Final approval with conditions Instead of filing a bond or depositing surety, the subdivider may request approval of his Definitive Plan on condition that no lot in the subdivision shall be sold and no building shall be erected thereon until the improvements specified in Section V are con- -5- structed and installed so as to serve the lots adequately. Such conditions shall be endorsed upon the plan or contained in a sep- arate vote or agreement which Shall be referred to on the plan and recorded in the Registry of Deeds. When the subdivider has com- pleted the required improvements specified in Section V for any lots in a subdivision, he may request a Release of Conditions for said lots. If the improvements have been completed to the satisfaction of the Board, the Board will then execute and deliver to the subdi- vider such Release, which shall be in form for recording in the Registry of Deeds. Thereafter the conditions relating to such lots end so released shall terminate. 4. Review by Board of Health as to Suitability of the Lend The Planning Board shall within ten days after submission of a plan to it consult with the Board of Health (or other like board or officer). If the Board of Health is in doubt as to whether any of the land in the subdivi- sion can be used as building sites without injury to the public health, it shall so notify the Planning Board in writing within thirty days. Any approval of the plan by the Planning Board shall then only be given on condition that the lots or land as to which such doubt exists shall not be built upon without prior consent of the Board of Health, end shell endorse on the plan such condition, specifying the lots or lend to which said con- dition applies. Any lot so located that it cannot be served by a connection to the ~mni- cipal sewer system shall be provided with a cesspool or septic tank and drain-field satisfactory to the Board of Health. 5. Public Hearing Before approval of the Definitive Plan is given, a public hearing shell be held by the Planning Board. Notice of such hearing shall be given by the Board at the expense of the applicant at least ten days prior thereto by advertisement in an official publication of, or in a newspaper of gen- eral circulation in the Town of North Andover. A copy of said notice shall be mailed to the applicant and to all owners of land abutting upon the subdivision as appearing in the most recent tax list. 6. Certificate of Approval The action of the Board in respect to such plan shall be by vote, copies of which shall be certified and filed with the To~n Clerk and sent by de- livery or registered mail to the applicant. If the Board modifies or dis- approves such plan, it shall state in its vote the reasons for its action. Final approval, if granted, shall be endorsed on the original drawing of the Definitive Plan by the signatures of e majority of the Board (or by the signature of the person officially authorized by the Board) but not ~ntil the statutory twenty-day appeal period has elapsed following the filing of the certificate of the action of the Board with the Town Clerk and said Clerk has notified the Board that no appeal has been filed. After the Definitive Plan has been approved and endorsed, the applicant shell f~rnish the Board with [three (3)~ prints thereof. -6- Final approval of the Definitive Plan does not constitute the Isying out or acceptsnce by the town of streets within a subdivision. SECTION IV. DESIGN STANDARDS Note to Planning Boards The provisions of this section may be modified to meet local needs, condi- tions or requirements. A:,. Str~..ets 1. Location and sligrznent All streets in the subdivision shall be designed so that, in the opinion of the Board, they will provide safe vehicular tr~vel. Due consideration shall also be given by the subdivider to the attractiveness of the street layout in order to obtain the maxi- mum livability and amenity of the subdivision. b. The proposed streets shall conform to the Master or Study Plan as adopted in ~hole or in part by the Board. Provision satisfactory to the Board shall be made for the proper projection of streets, or for access to adjoining property which is not yet subdivided. de Reserve strips prohibiting access to streets or adjoining property shell notbe permitted, exceptwhere, in the opinion of the Board, such stripe shall be in the public interest. e. Street jogs with centerline offsets of less than [one hundred and twenty-five (125)] feet should Be avoided. fe The ~nimum centerline radii of curved streets shell be Ions hundred (100)~ feet. Greater rsdiimeybe required for principal streets. Streets shall be laid out so es to intersect as nearly es possible at right angles. No street shsll intersect any other street at less than [sixty (60) ] degrees. h. Property lines at street intersections shall be rounded or cut back to provide for a curb radius of not less than [ twenty (20) ] feet. 2. Width The minimum width of street rights-of-way shall be [forty (40)] feet. Greater width shall be required by the Board when deemed necessary for present end future vehicular travel. -7- ~. ~rsde Grades of streets shall be not less than [ 0.5% ]. Grades shall not be more than [ 6.0% ] for principal streets nor more than [ 12.0% ] flor secondary streets. 4. Dead-end Streets Dead-end streets shall not be longer than [five hundred (500) feet unless, in the opinion of the Board, a greater length is necessitated by topography or other local conditions. Dead-end streets shall be provided st the closed end with a turn- srovnd having sn outside rosdway diameter of st lesst [one hundred (100) ] feet, snd a property line diameter of at least [one hundred snd twnty (120) ] feet. B .___E_s_S e_me~n:t s Easements for utilities across lots or centered on rear or side lot lines shall be provided where necessary and shall be st least [fif- teen (15) ] feet wide. Where a subdivision is traversed by a water course, drainage way, channel or stream, the Board may require that there be provided s storm water essement or drsinage right-of-way of adequate width to conform substantislly to the lines of such water course, drsinsge way, channel or stream, and to provide for construction or other necessary purposes. C.__o~en Spaces Before approval of a plan the Board may also in proper cases require the plan to show a park or parks suitably locsted for playground or recreation purposes or for providing light and air. The park or parks shall not be unreasonable in area in relation to the lsnd being subdivided snd to the prospective uses of such land. The Board may by appropriate endorsement on the plan require that no building be erected upon such park or parks without its approval. Protection of l~atursl ..Fe..st.ures Due regard shall be sho~ for sll nstural features, such as large trees, water courses, scenic points, historic spots, and similar community assets, which, if preserved, will add sttrsctiveness snd value to the subdivision. SECTION V. REQUIRgD IMPROVEMENTS FOR AN APPROVED SUSDIVZSION Note to Planning BoardS: The provisions of this section may be modified to meet local needs, condi- tions or requirements. -8- Street and Roadway The entire area of each street or way shall be cleared of all stumps, brush, roots, b~ulders, like material and all trees not intended for preservation. Ail loam and other yielding material shall be removed from the roadway area of each street or way and replaced with suitable material. Ail roadways shall be brought to a finished grade as shown on the pro- files of the Definitive Plan with at least the top [twelve (12)] inches consisting of well-compacted binding gravel to a width of at least [twenty-five (25) ] feet. The completed gravel surface shall be treated for the fl~ll width of the roadway with one application of asphalt or tar as specified by the Highway Department at the rate of [ one (1) ] gallon per square yard of ares of roadway. After being subjected to traffic for a period of at least thirty days, s second application at the rate of [ one-quarter (1/4) ] gallon per square yard shall be used as a seal coat. The ini- tial and seal applications shell each be covered with sand evenly dis- tributed. _Utilities Sewer pipes and related equipment, such es manholes and connecting Y's, shall be constructed in conformity with specifications of the Board of Public Works. Adequate disposal of surface water shall be provided. Catch basins shall be built in conformity with specifications of the Highway part.ant on both sides of the roadway on continuous grades st inter- vals of not more than [four h~ndred (400) ] feet, at Iow points and sags in the roadway and near the corners of the roadway at intersect- ing streets. Water pipes and related equipment, such as hydrants and main shut-off valves, shall be constructed to serve all lots on each street in the subdivision in conformity with specifications of the Board of Public Works. C. Sidewalks Sidewalks of not less than [ four (4) ] feet in width shall be con- structed on [both ] side Iai of the street in conformity with speci- fications of the Highway Department when, in the opinion of the Board, such sidewalks are necessary. .... ~ents Monuments shell be installed at all street intersections, st all points of change in direction or curvature of streets and at other points where, in the opinion of the Board, permanent monuments ere necessary. Such monuments shall conform to the standard specifications of the Highway Department and shall ha set according to such specifications. ~o -9- permanent monuments sha~l be installed until ell construction ~hich would destroy or disturb the monuments is completed. ~ote to Planning Boards Provisions for curbing, gutters, street sigus, trees and clearing-up operations may be included in this section if nec- essiteted by local requirements or deemed advisable for each comnmnity by its re- spective ~oard. SECTION VI. ADMINISTRATION A_. Variation Strict compliance with the requirements of these rules and regulations may be waived when, in the Judgment of the Board, such actic~ 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 ia mede to Sections 81-K to 81-GG, inclusive, of Chapter 41 of the General Laws. Form Form C must be completed end endorsed by the proper agency and submitted to the Building Inspector before a building permit will-be-issued. FORM ~L~C~TZON FO~ ENDO~NT OF PLAN BEL]EWD NOT TO RE,,~UI~, APPROVAL File one completed form with the Planning Bosrd and one copy with the City (or Town) Clerk in accordance with the requirements of Section II-B. (City or Town), Mesa., 19~ To the Planning Board~ The undersigned, believing that the accompanying plan of his property in the City (or Town) of dees not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for , determin- atica and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Applicant Addre s s 2. Name of Engineer or Surveyor~ 3. Deed of property recorded in,,, Book 4. Iocation and Imscription of Property~ Registry, Signature of Owner Address FORE B File one completed form with the Planning Board and a copy with the City (or To~n) Clerk in accordance with the requirements of Section III-B. (City or To~n), ~ss., 19 : . To the Plsn=ing Board~ The undersigned herewith submits the aecemponying Definitive Plan of property located in the City (or To~n) o~ for approval es s subdivision under the requirements of the Subdivision Control Law end the Rules end Regulations Governing the Subdivision of Lend of the Planning Board in the City (or Town) of 1. Name of Subdivider Address 2. Name of Engineer or Surveyor Addres~ 3. Deed of Property Recorde~ i~ Registry~ Book Page 4. Location and Description of Property: Signature of owner Address A list cf the Names and addresses of the ebuttors of this subdivision is att~cbed. Verification will be made by the Planning Board, FORM C APPROVAL OF PROPER AGENCIES PLAM~ING BOARD BOARD OF PUBLIC MORES BOARD OF HEALTH HIGHWAY SURVEYOR BU.,DING INSPECTOR DATE DATE DATE RULES AND REGULATIONS GOVERNING THE SUBDIVISION OF LAND (¢~X Off TOWN), NASSACHU$~.TTS Section I. Authority ......................... 1 Section II. C~neral .............. . . . . .... 1 B. Plan Believed Not to Require Approval C. Subdivision Section III. Procedure for the Submission and Approval of Plans A. Preliminary Plan 1. General 2. Contents 3. Tentative Approval B. Definitive Plan 1. General 2. Contents 3. Performance Guarantee 4. Review by Board of Health es to Suitability of the Land 5. Pablic Hearing 6. Certificate of Approval Section IV. Design Stand~rds . .. .... . ...... . ........ 6 A. Streets B. Easements C. Open Spaces D. Protection of Natural Features Section Required Improvements for an Approved Subdivision ..... A. Street and Roadway B. Utilities C. Side~alks D. Monuments Section VI. ASm~nistration ....................... A. Variation B. Reference Form A. For~ B. Application for Endorsement of Plan Believed Not to Require Approval Application for Approval of Definitive Plan -1- RULES AND REgULaTIONS GOVERNING THE SUBDIVISION OF LAND NORTH AND0~ER~ M~SACHUSETTS (Adopted under The Subdivision Control Law Sections 81-K to 81-GG inclusive, Chapter 41, G.L.) PURPOSE (Section 81-M of Chapter 41 G.L.) "The subdivision control law has been enacted for the purpose of protecting the safety, convenience end welfare of the inhabitants of the cities and towns in which it is, or may hereafter be, put in effect by regulating the laying out and construction of ways in subdivisions providing access to the several lots therein, but which have not become public ways, smd ensuring sanitary conditions in subdivisions and in proper Oases parks and open arose. The powers of a planning board end of s 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 wsys; for reducing danger to life end limb in the operation of motor vehicles; for securing safety in the case of fire, flood, panic and other emergencies; for insuring compliance with the applicable zoning ordinances or by-laws; for securing adequate provision for water, so,rage, drainage and other requirements where necessary in a subdivision; and for co-ordinating the ways in a subdivision with each other and with the public ways in the city or town in which it is located and with the ways in neighboring subdi- visions." SECTION I. AUTHORITY Under the authority vested in the Planning Bo~rd of the Town of North Andover by Section 81-Q of Chapter 41 of the C~nersl Laws, said Board hereby adopts these rules end regulations governing the subdivision of land in the Town of North ~ndover. Such rules and regulations shall be effective on end after the 10th day of January 1955. SECTION II. ~ENERAL A. Definitions "Subdivision" shall mean the division of a tract of land into two or more lots in such manner es to require provision for one or more new ways, not in existence when the subdivision control law became effective ia the Town of North Andover, to 19Amish access for vehicular traffic to one or'more of such lots, and shall include resubdivision, and, when appropriate to the context, shall relate to the process of subdivision or the land or terri- tory subdivided. "Board" shall mean the Planning Board of the Town of North Andover. -2- B~. Plan Believed. Not tQ. Require Approve] Any person who wishes to cause to be recorded in the Registry of Deeds or to be filed with the Lend Court a plan of land and who believes that his plan does not require approval under the ~Abdivision Control Law, may sub- mit his plan and applicstion Form A (see Appendix) to the Planning Board accompanied by the necessary evidence to show thet the plan does not re- quire spproval. Said person shall file, by delivery or registered mail, a notice with the To~ Clerk stating the date of submissiou for such de- termination and sccompanied by a copy of said spplicstion. If the Board determines thet the plan does not require approval, it shall without a public hearing and within fourteen days of submission endorse on the plan the words '~lanning Board approval under Subdivision Control Law not required". Said plan shall be returned to the applicant and the Board shall notify the To~n Clerk of its actiou. If the Board determines thst the plan does require approval under the Sub- divisioa Control Law, it shell 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. Subdivision No person shall ma~e a subdivision within the meaning of the Subdivision Control Law of any land within the town, or proceed with the improvement or sale of lots in a subdivision, or the construction of ways, or the instellstion of ~micipsl services therein, unless end untLl s Definitive Plan of such subdivision has been submitted to and approved by the Plan- ning ~osrd as hereinsfter provided. SECTION III. PROCEDURE FOR THE SDE~ISSION AND APPROVAL OF PLANS A_. Preliminsry Pl. sn 1. General A Preliminary Plsn of a subdivision may be Submitted by the subdivider for discussion and tentstive epprovsl by the Bosrd. The submission of such a Preliminary Plan will enable the subdivider, the Board, other mnnicipsl sgenoies snd owners of property abutting the subdivision to discuss and clarify the problems of such subdivision before a Definitive Plan is prepared. Therefore, it is strongly recommended that s Prelim- insry Plan be filed in every case. Contents The Preliminary Plan may be drawn on tracing paper with pencil at s suitable scale and [ two ] prints shall be filed at the office of the Bosrd. Said Preliminsry Plan should show sufficient information about the sub-division to form a clear basis for discussion of its problems and for the preparation of the Definitive Plan. -4- Existing and proposed lines of streets, ways, lots, easements, and public or common areas ~ithin the subdivision. (The proposed names of proposed streets shall be sho~n in pencil until they have been approved by the Board. ) ee Sufficient data to determine the location, direction and length of every street and way line, lot line and boundary line, and to estab- lish these lines on the ground. f. Location of all permanent monuments properly identified ss to whether existing or proposed. g. Location, names and present widths of streets bounding, approaching or within reasonable proximity of the subdivision. h. Suitable space to record the action of the Board and the signet=res of the members of the Board (or officially authorized person). Items i, j and k rosy be submitted on the same sheet as the Definitive Plan or on separate sheets. i. Existing snd proposed topography at s suitable contour interval ss required by the Board. Je Profiles on the exterior lines cf proposed streets at a horizontal scale of one inch equals [forty.] feet and vertical scale of one inch equals [four]. feet, or such other scales acceptable to the Board. Ail elevations shall refer to the town datum. k. Proposed layout of storm drsinage, water supply and sewage disposal systems. 3. Performance Guarantee s. Final approval with bonds or surety. Before approval of s Definitive Plan of s subdivision, the subdi- vider shall either file a performance bond or deposit money or negotiable securities in an smount determined by the Board to be sufficient to cover the cost of sll or any part of the improvements specified in Section V, or follow the procedure outlined in '%" below. Such bond or security if filed or deposited shell be ap- proved ss to form and manner of execution by the Town Counsel snd as to sureties by the Selectmen, and shall be contingent on the completion of such improvements within [two] years of the dste of the bond. b. Final approval with conditions Instead of filing s bond or depositing surety, the subdivider may request approval of his Definitive Plan on condition that no lot in the subdivision shall be sold and no building shall be erected thereon until the improvements specified in Section V are con- structed snd instslled so ss to serve the lots adequately. Such conditions shell be endorsed upon the plan or contained in s sep- arate vote or agreement which shell be referred to on the plan and recorded in the Registry of Deeds. When the subdivider has com- pleted the required improvements specified in Section V for any lots in a subdivision, he may request a Release of Conditions for said lots. If the improvements have been completed to the satisfaction of the Board, the Board will then execute and deliver to the subdi- vider such Release, which shall be in form for recording in the Registry of-Deeds. Theresfter the conditions relating to such lots and so released shall terminate. 4. Review by Board of Heslth as to Suitability of the Land The Planning Board shell within ten days after submission of s plan to it consult with the Board of Health (or other like board or officer). If the Board of Health is in doubt es to whether any of the land in the subdivi- sion can be used as building sites without injury to the public health, it shall so notify the Planning Board in writing within thirty days. Any approval of the plan by the Planning Board shall then only be given on condition that the lots or land as to which such doubt exists shall not be built upon without prior consent of the Board cf Health, and shall endorse on the plan such condition, specifying the lots or lend to wkfch said con- dition applies. Any lot so located that it cannot be served by e connection to the ~,~i- cipel sewer system shall be provided with · cesspool or septic tank and drain-field satisfactory to the Board of N~slth. 5. Public Hearing Before approval of the Definitive Plan is given, a public hearing shall be held by the Planning Board. Notice of such hearing shall be given by the Board at the expense of the applicant st least ten days prior thereto by advertisement in an official publication of, or in a newsp.sper of gen- eral circulation in the To~n of North Andover. A copy of said notice shall be mailed to the applicant and to all o~ers of land abutting upon the subdivision as appearing in the most recent tax list. 6. Certificate of Approval The action of the Board in respect to such plan shall be by vote, copies of which shall be certified and filed with the Town Clerk and sent by de- livery or registered mail to the spplioant. If the Board modifies or dis- spprnves such plan, it shall state in its vote the reasons for its action. Final approval, if granted, shall be endorsed on the original drawing of the Definitive Plan by the signatures of a majority of the Board (or by the signature of the person officially authorized by the Board) but not until the statutory twenty-day appeal period has elapsed following the filing of the certificate of the action of the Board with the To~n Clerk and said Clerk has notified the Board that no appeal has been filed. After the Definitive Plan has been spproved and endorsed, the applicant shell furnish the Board with [three (3)] prints thereof. -6- Final approval of the Definitive Plan does not constitute the laying out or scceptsnce by the town of streets within s subdivision. SECTION IV. DESIGN STANDARDS Note to Planning Boards: The provisions of this section maybe modified to meet local needs, condi- tions or requirements. A~. Streets 1. Location and al~,~nt be Om Ail streets in the subdivision shall be designed so that, in the opinion of the Board, they will provide safe vehicular travel. Due consideration shall also be given by the subdivider to the attractiveness of the street layout in order to obtain the maxi- ,,,= livebility and a~enity of the subdivision. The proposed streets shall conform to the Master or S%udy Plan as adopted in whole or in part by the Bosrd. Provision satisfactory to the Board shall be mede for the proper projection of streets, or for access to adjoining property which is not yet subdivided. P~serve strips prohibiting access to streets or adjoining property sh~ll not be permitted, except wbere, in the opinion of the Board, such strips shall be in the public interest. e. Street jogs with centerline offsets of less than [one hundred and twenty-five (125)] feet should be avoided. f. The minimzun centerline radii of curved streets shall ~e [one hundred (100) ] feet. Greater radii may be required for principal streets. Streets shall be ]mid out so as to intersect as nearly as possible st right angles. No street shsll intersect shy other street st less than [sixty (60) ] degrees. h. Property lines at street intersections shall be rounded or cut beck to provide for a curb radius of not less than [ twenty (20) ] feet. Width The mininmun width of street rights-of-way shall be [forty (40)] feet. Greater width shall be required by the Bosrd when deemed necessary for present end future vehicular travel. -?- mm Grade Grades of streets shall be not less than [ 0.5% ]. Grades shell not be more then [ 6.0% ] for principal streets nor more then [ 12.0% ] for secondary streets. Dead-end Streets Dead-end streets shall not be longer than [five hundred (500) feet unless, in the opinion of the Board, s greeter length is necessitated by topography or other local conditions. Dead-end streets shell be provided at the closed end with a turn- around having an outside roadway diameter of at least [one hundred (100) ] feet, and s property line diameter of at least [one hundred and twenty (120) ] feet. B. E~s~sements me Easements for utilities across lots or centered on rear or side lot lines shell be provided where necessary and shall be at least [fif- teen (15) ] feet 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 easement or drainage right-of-way of adequate width to conform substantially to the lines of such water course, drainage way, channel or stream, and to provide for construction or other necessary purpose s. C. _O n Spa ces Before approval of a plan the Board may also in proper cases require the plan to show a park or perks suitably located for playground or recreation purposes or for providing light and air. The perk or parks shall not be unreasonable in area in relation to the land being subdivided and to the prospective uses of such land. The Board may by appropriate endorsement on the plan require that no building be erected upon such park or parks without its approval. Protection of Natural .F~. atur.es Due regard shall be shown for ell natural features, such es large trees, water courses, scenic points, historic spots, and similar community assets, which, if preserved, will add attractiveness and value to the subdivision. SECTION V. REQUIRED IMPROVEMENTS FOR AN APPROVED SUBDIVIBION Note to Planning Boards: The provisions of this section may be modified to mast local needs, condi- tions or requirements. -8- Street end Roadway The entire area of each street or way shall be cleared .of all stumps, brush, roots, boulders, like material and all trees not intended for preservation. e me All loam and other yielding material shall be removed from the roadway ares of each street or way and replaced with suitable material. All roadways shell be brought to a finished grade as shown on the pro- files of the Definitive Plan with at least the top [twelve (12) ] inches consisting of well-compacted binding gravel to a width Of at least [twenty-five (25) ] feet. The completed gravel surface shall be treated for the full width of the roadway with one application of asphalt or tar as specified by the Highway Department at the rate of [ one (1) ] gallon per square yard of area of roadway. After being subjected to traffic for a period of at least thirty days, a second application at the rate of [ one-quarter (1/4) ] gallon per square yard shall be used as e seal coat. The ini- tial and seal applications shell each be covered with sand evenly dis- tributed. .Utilities Sewer pipes and related equipment, such as manholes and connecting Y's, shall be constructed in conformity with specificstions of the Board of Public Works. Adequate disposal of surface water shall be provided. Catch basins shall he built in conformity with specifications of the Highway pertment on both sides of the roadway on continuous grades st inter- vals of not more than [four hundred (400) ] feet, at iow points and sags in the roadway end near the corners of the roadway st intersect- ing streets. Water pipes and related equipment, such ss hydrants and main shut-off valves, shell be constructed to serve ell lots on each street in the subdivision in conformity with specifications of the BOard of Public Works. C. Sidewalks Sidewalks of not less then [ four (4) ] feet in width shall be con- structed on [both ] side [si of the street in conformity with speci- fications of the Highway Department when, in the opinion of the Board, such sidewalks ere necessary. D......Mo'~ _ument. s Monuments shall be installed st sll street intersections, at all points of change in direction or curvature of streets and at other points where, in the opinion of the Board, permanent monuments are necessary. Such mon;,?~nts shall conform to the standard specifications of the Highway Department end shell be set according to such specifications. No -9- permanent monuments shall be installed until ell construction which would destroy or disturb the monuments is completed. Note to Planning Boards Provisions for curbing, gutters, street signs, trees and clearing-up operations may be included in this section if nec- essiteted by local requirements or deemed advisable for each community by its re- spective ~Oard. SECTION VI. AD~TRATION A. Variation Strict compliance with the requirements of these rules and regulations may be waived when, in the Judgment of the Board, such action is in the public interest and not inconsistent with the Subdivision Control Law. B,,, Reference For matters not covered by these rules and regulations, reference is made to Sections 81-K to 81-G~, inclusive, of Chapter 41 of the ~ensral Laws. C,. Form C Form C must be completed and endorsed by the proper agency and submitted to the Building ~napeotor before a building permAt will-be-issued. APPLI~ATION F~O~R E. NDORSEMENT .OF PLA.___~N .BEL, iEVED NOT TO REQUIRE APPROVAL File one completed form with the Planning Board and one copy with the City (or Town) Clerk in accordance with the requirements of Section II-B. (City or Town), Mass., 19 To the Planning Board: The undersigned, believing that the accompanying plan of his property in the City (or Town) of does not constitute a subdivision within the meaning of the Subdivision Oontrol Law, herewith submits said plan for a determin- ation and endorsement that Planning Board approvsl under the Subdivision Control Law is not required. 1. Name of Applicant Address 2. ~Iame of Engineer or Surveyor..... Address 3. Deed of property recorded in Registry, Book location and I~scription of Property.' Signature of O~er Address FORM A~..PLICATION F~0R APPROVAL File one completed form with the Planning ~oard and s copy with the City (or Fo~n) Clerk in sccordsnce with the requirements of Section III-B. (City or Town), ~ss., 19 .. To the Planning Bosrd~ The undersigned herewith submits the accompanying Definitive Plan cf property located in the City (or Town) of for approval as a subdivision under the requirements of the Subdivision Control Law and the Rules and Regulations Governing the Subdivision of Land of the Planning Board in the City (or Town) oK 1. Name of Subdivider Addres~ 2. Name of Engineer or Surveyor .... Addre s ~ 3. Deed cf Property Recorde~ in Book 4. Location and Description of Property: Page, Registry, Signature of owner Address A list of the Names and addresses of the abuttors of this subd~vision is attached. Verification will be made by the Planning Board. FORM C APPROVAL OF PROPE~ AGENCIES PLANNING BOARD BOARD OF PUBLIC WORKS BOARD OF HEALTH H~GHWAY SURVEYOR BUILDING INSPECTOR DATE DATE DATE DATE DATE