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 the plan does not require approval under the Subdivision Control Law shall submit the following documents and plans:
An original and 2 copies of a typewritten FORM A Application (see Appendix) time stamped by the Town Clerk including a statement of the basis upon which the applicant claims that approval under Subdivision Control Law is not required. One copy of the application and plan to be submitted to the Town Clerk.
An original Mylar of the plan in a form described in Section 3.2 with four (4) contact prints; one print shall be retained in the files of the Board, one print each shall be submitted by the Board to the Building Department and the Town Assessor.
3.1.1 Filing Fee
a. Base Filing Fee: A base filing fee of $40, plus $30/lot line changed or $70 per new lot created is required.
b. Project Review Fee: If the Board's designee deems necessary, the applicant may have to pay a project review fee if needed.
c. Failure to Pay Fees: Failure to pay all fees listed above in 3.1.1a-b at the time of submission of the definitive plan will result in the plan being denied.
The plan shall be legibly drawn in accordance with the rules and regulations of the Register of Deeds or Land Court Manual of instructions, as amended, and shall bear the original seal and signature of the professional land surveyor preparing the plan. The plan shall be prepared in accordance with the provisions of 250 CMR 6.00: Procedural and Technical Standards for the Practice of Land Surveying. The Plan shall contain the following information:
3.2.1 A title block, preferably in the lower right corner, identifying the location of the land shown, the name of the owner of record and address, date and scale of the plan, and the name and address of the firm or individual preparing the plan;
3.2.2 The statement, "Approval under the Subdivision Control Law Not Required" and sufficient space for the date and signatures of all members of the Board together with a notation, below the signature block, that "The Planning Board's endorsement of the plan as not requiring approval under the Subdivision Control Law is not a determination as to conformance with the Town of North Andover Zoning Bylaw and Regulations."
3.2.3 Zoning classifications and location of any zoning district boundaries that may lie within the locus of the plan;
3.2.4 Reference to any decisions by the Zoning Board of Appeals and /or Planning Board including, but not limited to, variances, special permits, or exceptions regarding the land or any structures thereon. Notice of any decisions by the Zoning Board of Appeals, including but not limited to variances and exceptions or special permits regarding the land or any buildings thereon. If necessary, plans must be signed by the Board of Appeals prior to the Planning Board signing the plans;
3.2.5 A locus map drawn at a scale of 1 "=1000', and is preferably located in the upper right corner of the plan. The map must show at least one intersection of two existing town roads;
3.2.6 Location and names of all abutters as they appear on the most recent tax list(s) including those in adjoining communities;
3.2.7 Location, names, status (private or public), and widths of pavement and right-of-way of all streets and ways shown on the plan and notation if any streets are designated as "scenic roads" under M.G.L. C.40, S. 15-C;
3.2.8 Bearings and distances or curve data of all street lines, ways, easements and lot lines shall be shown on the plan and location of all permanent bounds identified as existing or proposed. Bearings and distances to a minimum of two (2) existing permanent bounds shall also be shown;
3.2.9 The lot number and area of each lot in square feet and in acres, if over one acre. The units of acres shall be rounded to a minimum of three (3) decimal places;
3.2.10 The total frontage of each lot and the total lot width, as measured at the midpoint of for each lot. Proof where required, of conformance with the width requirements set forth in the North Andover Zoning Bylaw;
3.2.11 The contiguous buildable area of each lot;
3.2.12 The entire land area in which the division takes place shall be shown including all parcels affected by an increase or decrease in frontage, lot width, and area, which also includes the remaining land, if any, owned by the applicant;
3.2.13 Any lot(s) or parcels not meeting the minimum frontage, lot width or lot area in accordance with the requirements for the zoning district in which the lot(s) or parcels is situated, shall be designated on the plan as "Not a Building Lot";
3.2.14 Location of all known existing structures, both above and below ground, including but not limited to, buildings, wells, septic systems, cisterns, and cesspools, on the lots or parcels;
3.2.15 Location of all streams, brooks, and water bodies bounding any of the parcels or lots shown on the plan;
3.2.16 Where applicable the location of all significant trees over six inches in caliper within or along the right-of-way of roads adjacent to the lots shall be shown;
3.2.17 References to all deeds and plans of record used to establish the property lines of the lot(s) or parcels and of the streets, ways and easements shown on the plan, including deed references to abutting lots;
3.2.18 The north arrow shall be clearly marked and identified as to whether it is magnetic or true north or referenced to a recorded plan and so stated;
3.2.19 Evidence that each lot on the plans, and/or any lot altered by the plan:
Has frontage on a way which in the judgment of the Board has sufficient width, suitable grades and adequate construction to provide for the needs of the vehicular traffic and public safety access in relation to the existing and proposed use of land abutting thereon or served thereby and for the installation of municipal services to such land(s) and/or buildings erected or to be erected thereon;
Which complies with one of the following four criteria:
Has all the frontage required under the North Andover Zoning By-law on:
-a public way; or
-a way which the Town Clerk certifies is maintained and used as a public way; in determining whether a way has been used and maintained as a public way, the Planning Board shall require that written evidence from the Town Clerk be submitted by the applicant to substantiate that the way is under public maintenance and has been in continuous and substantial use by the general public without permission of the landowners for at least twenty (20) years. Sporadic use, use by a few persons, or use by agreement of the abutters shall not suffice, or
-a way in existence when the Subdivision Control Law became effective in North Andover which the Planning Board finds has sufficient width, suitable grades, adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon, and for the installation of municipal services to serve such land and the existing and future buildings on such land.
Has been clearly marked on the plan to be either:
i.) joined to and made part of an adjacent existing lot; or
Contains two or more buildings which were existing when the subdivision control law went into effect in which land lies into separate lots on each of which one of such buildings remains existing; or
Constitutes an existing parcel with no new lot division. If the lot is not being subdivided and does not contain frontage on a way, as specified above, the lot shall be clearly marked on the plan that it is "Not a Building Lot."
In determining whether each and every lot shown on the plan has adequate frontage, the Applicant must demonstrate that the lot directly abuts a public or private way and that the lot has direct, practical access from the abutting way.
3.3.1 Indicative criteria for determination
In determining whether an existing way is adequate to qualify a plan as not constituting a subdivision, the Board may consider the following conditions, among others:
a. that the way is paved and adequate to accommodate public safety access;
b. that the way is comparable to other public ways in the area;
c. that the way by virtue of its horizontal and vertical alignment provides safe travel.
d. when direct access to a lot from the abutting street is not possible due to nonaccess strips or easements or due to steep grades, Wetland Resource Areas, watercourses or other physical constraints, the Planning Board may consider the lot as not having sufficient frontage to allow a division of land without approval under the Subdivision Control Law.
e. The full length of the required frontage must contain adequate access as defined in Item 3.3.1.d.
If the Board finds that the application is not a proper submittal, the application shall be denied without prejudice.
If the Board finds that the plan does not require approval, it shall, without a public hearing, endorse the plan under the words "Approval Under Subdivision Control Law Not Required". The Board may add to such endorsement a statement of the reason approval is not required. The plan will 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 twenty-one (21) days of the submission of said plan, provide written notice of its determination to the applicant and return the plan. The Board shall also notify the Town Clerk of its action.
If the Board fails to act upon a plan submitted under this section within twenty-one (21) days after its submission, it shall be deemed to have found that approval under the Subdivision Control Law is not required.
Any other plan, which does not meet all of the criteria listed above, shall be deemed a subdivision for purposes of the Subdivision Control Law.
"Form A" Approvals - if lots have been previously approved as Plans Not Requiring Approval, they shall not be submitted as part of a definitive subdivision plan. If Form A's are shown on a subdivision plan, and they have not been previously approved, then such lots shall be considered as part of the subdivision.
Approval of ANR plans shall not insure compliance of the lots altered or created with the Zoning Bylaw of the Town of North Andover.
