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Building Permit #Exception - 35 MEADOWOOD ROAD 11/14/2016
BUILDING PERMIT F NoRT" 0 TOWN OF NORTH ANDOVER O APPLICATION FOR.PLAN EXAMINATION 41 Permit No#: Date Received j 7�QDRti TED �SSACHUS�� Date Issued: LWORTANT:Applicant must complete all items on this page • ` #`,,S} .;�,.-3....`SXi-arR•Y,,-1..'4, �'r-,s � e .� *€:�'`"�`�s• � .. �� . •.}. �,:'°. ti: iso.r3-G�u '..��,£ ��'��.'} t e CAYTION� � � '(Yltw_ 'd .r ��c� ,- - _t -. '� x `� >. . $ �•��,-�„�'� � �� '�x /Pnnt''1'�a y' <:i w � .r�-{�''3 � i � .•' t;,a tPROPEffTiYAR®WNHIR ,� a1� II` ��} .�•n�...s ..TPS@ t�`3'C"-......`Pi^.r.-« .. .. ►:t M" 4� rf :,r. t L,: .?��+'Sr cf':a-� �i,�+` I • , Machine Shop Villa TYPE OF IMPROVEMENT PROPOSED USE 'M Residential Non- Residential ❑ New Building ❑ One family (?Addition )A Two or more family ❑ Industrial ❑Alteration No. of units: Two ❑ Commercial ❑ Repair, replacement ❑Assessory Bldg ❑ Others: ❑ Demolition ❑ Other w ❑ Septic ❑ Well - ❑ Floodplain D 1Netlands 0 Watershed Distriat LA Water/Sewer. . _ �-- - _:_ .►_: d4 { raa DESCRIPTION OF WORK TO BE PERFORMED: C�� i� �-u �'hk 11 �a,•,, �ti �acl� s l�w�Dsc 'syy G�I61 . S�4(C 4 I"V`L L(.✓dLn ��InSe 3 Sti0 S r. 4 need a u.�.a S� 44 o,4 5H,.1v •�,`xe� r�-,`n. �3Uas f �y�,u3 Identifica on- Please Type or Print Clearly• OWNER: Name: /1) c,) Phone: I79-- 3 -26- s--7 Address: 3�' i tc,Jowvoc� Contractor Name fh,` [1 . ��t hs�t' Phone:. . 97 9- { Address: 3,. �'j? �,wr.� • Supervisor's Construction L<icense .CS _a �I r Exp Horne Irmprov mend License . ARCHITECT/ENGINEER c,Q,,,QI d�gb�,,�, Phone: Address: A kr" m ,��. �awvc�ti, /r+Ji Reg. No. FEE SCHEDULE.BULDING PERMIT.$92.00 PER$9000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. f .Total Project Cost: $ FEE: $ Check No.: Receipt No,,. NOTE: PeFsons contracting witli unregistered contractors do not have.access to the guaranty fund Signatiare_of_Agentwhips Signature of contractor, Plans Submitted ❑ Plans Waived F11 Certified Plot Plan ❑ Stamped Plans ❑ T; PE SEWERAGE DISPOSAL Public Sewer ❑ Tanuing/Massage/Body Art ❑ Swimming pools ❑ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private(septic tank, etc. ❑ Permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF a U FORM ��� V. i PLANNING & DEVELOPMENT Reviewed On i� � ZG�� Signature_V��`-CJ�� COMMENTS d � CONSERVATION Reviewed on u Si nature COMMENTS I HEALTH Reviewed on Signature COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes - Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/Signature&Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIRE DEPARTMENT - Temp Dumpster on site yes no Located at 124.Main Street Fire Department signature/date i COMMENTS limension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL. Movement of Meter location, mast or service drop 'tuit s approval of Electrical Inspector Yes No ®ANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A—F and G min.$10041000 fine NOTES and DATA— (For department use) I . k ❑ Notified for pickup Call Email ate Time Contact Name Doc.Building Permit Revised 2014 :- . Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. r Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers Comp Affidavit + o Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit , ❑ Photo Copy of H.1.C. And C.S.L. Licenses wl ❑ Copy Of Contract { ❑ Floor/Cross Section/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (if Applicable) ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot Plan o Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit • Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Copy of Contract o Mass check Energy Compliance Report ❑ Engineering Affidavits for Engineered products DOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg. Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application I I Doc:Building Permit Revised 2014 I Zoning Bylaw Review Form Town of North Andover Building Department 120 Main Street North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 35 MEADOWOOD ROAD Ma /Lot: MAP 25 LOT 24 ZONE R6 Applicant: MICHAEL CONSOLI Request: SPECIAL PERMIT—SINGLE FAMILY CONVERSION TO A TWO FAMILY Date: 12/12/2016 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies X 3 Preexisting frontage X 4 Insufficient Information 4 _Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies X 4 Special Permit Required X 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies X 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) X 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies X D Watershed 3 Coverage Preexisting 1 Not in Watershed X 4 Insufficient Information 2 In Watershed j Sign NIA 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Com'plies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 I More Parking Required 2 Not in district X 2 Parking Complies X 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. Item# Special Permits Planning Board Item# Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit B-4 Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special permit for preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant sere to provide definitive answers to the above reasons for Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation r above fil u mu ile n w permit application form and begin the permitting process. Building epartment Official Signa Application Received Application Denied Denial Sent: lal I L/! I t/J If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: Item Reasons for Reference B_4 A Special Permit from 4.125.16 of the Zoning Bylaw (Two Family Conversion in the R-6 Zoning District) is required from the Zoning Board of Appeals. Referred To: Fire Health Police Zoning Board Conservation Department of Public Works Planning Historical Commission Other Building Department Zoning Bylaw Review Form Town of North Andover Building Department 120 Main Street North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 35 MEADOWOOD ROAD Ma /Lot: MAP 25 LOT 24 ZONE R6 Applicant: MICHAEL CONSOLI Request: SPECIAL PERMIT—SINGLE FAMILY CONVERSION TO A TWO FAMILY Date: 12/12/2016 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 1 Frontage Complies 3 Lot Area Complies X 3 Preexisting frontage X 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 1 Insufficient Area 3 Use Preexisting 2 Complies X 4 Special Permit Required X 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 I Height Exceeds Maximum 2 Front Insufficient 2 1 Complies X 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient i Building Coverage 6 Preexisting setback(s) X 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies X D Watershed 3 Coverage Preexisting 1 Not in Watershed X 4 Insufficient Information 2 In Watershed j Sign N/A 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Com'plies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies X 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. Item# Special Permits Planning Board Item# Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit B-4 Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special permit for preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation r =epartmeunt zile n w permit application form and begin the permitting process. Buildinial SignaXjKe Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: Item Reasons for Reference B_4 A Special Permit from 4.125.16 of the Zoning Bylaw (Two Family Conversion in the R-6 Zoning District) is required from the Zoning Board of Appeals. Referred To: Fire Health Police Zoning Board Conservation Department of Public Works Planning Historical Commission Other Building Department IS c- T � c5 IRON ROD 27.2• \ \ 0g 15'WIDE UTILITY EASEMENT \ < \ LOT A2 \\ \\ g4.2 \l HUB&TACK l sk \ EXISTING \ \ DWELLING 6.1' \ --- IRON ROD 1 n� \ � a MEADO V®.O® RD. -\fAOFlv}gs9 S 2� MICHAEL �y J. cp� iSU © Y � U2 SERGIILD O No.33191 y CLIENT: MICHAEL & SETH ANN CONSOLI � tgo�ss,��oe LOCATION:35 MEADOWOOD RD.,NO.ANDOVER,MA. ^DSU-Rv� DATE: DECEMBER 30,2013 SCALE:1°=30' PROFESSIONAL ENGINEERS & LAND SURVEYORS CHRISTIANSEN & SERGly INC 160 SUMMER STREET, TEL.97R8-373-031 A 0 FAXU978-372-39608 SETTS 01830 WWW.CSI-ENGR.COM DWG.NO.:13122.001.006 Zoning Bylaw Review Form Town of North Andover Building Department 120 Main Street North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 35 MEADOWOOD ROAD Ma /Lot: MAP 25 LOT 24 ZONE R6 Applicant: MICHAEL CONSOLI Request: SPECIAL PERMIT—SINGLE FAMILY CONVERSION TO A TWO FAMILY Date: 12/12/2016 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 1 Frontage Complies 3 1 Lot Area Complies X 3 Preexisting frontage X 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies X 4 Special Permit Required X 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies X 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient i Building Coverage 6 Preexisting setback(s) X 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies X D Watershed 3 Coverage Preexisting 1 Not in Watershed X 4 Insufficient Information 2 In Watershed j Sign NIA 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Com'plies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies X 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. Item# Special Permits Planning Board Item# Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit B-4 Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special permit for preexisting nonconforming Watershed S ecial Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation r above f0 . u mu ile n w permit application form and begin the permitting process. 2- Building epartment Official SignaV/6 Application Received Application Denied Denial Sent: I��/ / If Faxed Phone Number/Date: Plan Review Narrative The following narrative.is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: Item Reasons for Reference B_4 A Special Permit from 4.125.16 of the Zoning Bylaw (Two Family Conversion in the R-6 Zoning District) is required from the Zoning Board of Appeals. Referred To: Fire Health Police Zoning Board Conservation Department of Public Works Planning Historical Commission Other Building Department North Andover Zoning Board of Appeals Checklist for Applicants: Create 13 packages to be"Timed Stamped "at the Town Clerk's Office (in Town Hall)of the following; 1. Signed Zoning Bylaw Review Form(You will receive this signed form from the Inspector of Buildings). 2. Applicable Permit Application(Special Permit,Variance,Finding) as well as Building Permit Application. 3. Plan of Land(a Certified Plot Plan from a Registered Land Surveyor, (RLS),must be 1 lxl7 or 17x22 (drawn to scalel/4 inch=1 foot-use 40 scale)plus the Mylar(only 1 Mylar is needed). All proposed changes outlined in red. 4. Floor Plans(four(4)elevations and plans, all floors existing and proposed). 5. Abutters List,this is acquired from the Assessor's Office(MGL 40A, Section 11). 6. Letter of authority from applicant if a representative will be speaking on their behalf at the hearing. 7. Deed of the Land *Any miscellaneous letters,pictures, etc. that you may like to submit. Please provide 13 copies for each of the packages. Bring in 2 Checks to the Zoning Assistant 1. To pay for Filing Fee(s).Made out to the Town of North Andover 2. To pay for Postage fees for certified/return receipt mailings for all on the Abutters List,Based on Current USPS rates for each abutter plus applicant.Made out to the United States Postal Service. 'A 6- 4 -7 3. First Class Postage stamps for each abutter plus 2(to mail out decision) 4. Create Four(4) sets of MailingLfrom Abutter list(please include applicant). In summary bring the following to the Zoning Assistant at 1600 Osgood Street Suite 2035. 0 "Time Stamped" packages, 13 copies (the original time stamped copy will stay with the Town Clerk) • Mylar 1 0 2 Checks (Filing Fee& Postage Fees) 0 First Class Postage stamps for each abutter plus two 0 Four(4) sets of Mailing Labels You will receive a Legal Ad from the Zoning Assistant when the above is all submitted to the Zoning Assistant. The applicant is responsible to bring this Legal Ad to the Eagle Tribune in a timelv manner. This Legal ad must appear in the paper twice. If you have any questions,please feel free to call me at 978.688.9541 rnnO-AseP horrthc,n6bver ma. . c by MEADOWOOD MASTER DECLARATION OF MEADOWOOD IN NORTH ANDOVER, MASSACHUSETTS RESERVATIONS AND RESTRICTIONS This Master Declaration of Meadowood made this M4day of July, 1993 by Thomas D. Laudani, trustee of Meadows Realty Trust, u/d/t dated July 3o, 1992, recorded with the Essex North Registry of Deeds at Book 3639, Page 18 (hereinafter referred to as Declarant) , being the record owner of certain land located in North Andover, Essex County, Massachusetts, hereinafter more particularly described in Article I below. WHEREAS, Declarant intends to create a residential community on said land, together with other amenities therein, including without limitation, public and/or private ways for circulation, access to residences and. utility services; and WHEREAS, in furtherance thereof it is desired to establish common and mutual covenants, conditions, reservations and restrictions; NOW THEREFORE, Declarant hereby declares, provides and covenants as follows: ARTICLE I SUBJECT PROPERTY A certain parcel of land located in North Andover, Essex County, Massachusets and shown on a plan entitled "Special Permit and Definitive Plan of Meadowood, North Andover, Mass", dated September 15, 1992, by Merrimack Engineering Services, Inc. 66 Park Street, Andover, MA 01810, which plan has been filed with Essex North Registry of Deeds as Plan No. 12178, comprising of and encompassing Meadowood Road, Lots l through 16, inclusive, Lot 18, Lot 20, Lot 23, Lot 24 and Lot C all shown on said Plan, together with other parcels of land shown as Lot 19A, Lot 21A, Lot 22A and Lot 25A on a plan entitled "Plan of Land in North Andover, MA. , Drawn for Meadows Realty Trust, P.O. Box 6700, Suite 209, North Andover, Mass. 11 dated May 4,1993, by Merrimack Engineering Services, Inc. , 66 Park Street, Andover, MA 01810, filed with the. Essex North Registry of Deeds as Plan No. 12230, together with another parcel of land shown as Lot W17A on a'plan entitled "Plan of Land in North Andover, MA. , Drawn for Meadows Realty Trust, P.O. Box 6700, Suite 209, North Andover, Mass. " dated January 7, 1993, by Merrimack Engineering Services, Inc. , 66 Park Street, Andover, . MA 01810, filed with the Essex North Registry of Deeds as Plan No. 12182 (collectively the "Plans") . -1- 1011. 633.5 1 the owner thereof subject to the provisions of this Declaration Nothing contained in this Master Declaration shall be deemed to. prevent the Declarant from (i) maintaining a model home, business Office and/or construction field office on anyof the Residence Lots; (ii) conducting business activities upon any Residence Lots with such number of employees as Declarant shall desire; (iii) maintaining or storing of commercial vehicles or construction equipment; or (iv) displaying such advertising signs as the Declarant may desire. B. Animals. No pets, .animals or birds shall be kept or maintained on any Residence Lot, being of such type or in such number as to be noisy or offensive, and no pets, animals or birds shall be allowed to pass onto or enter land within Meadowood other than the Residence Lot of the owner thereof, unless such pet, animal or bird is suitable leashed, caged or otherwise physically controlled and/or restrained; provided, however, notwithstanding the foregoing, no poultry house or yard, rabbit hutch, dog, cat or other type of kennel, shall be erected or maintained on any Residence Lot nor shall pigs or other barnyard animals be stabled or maintained thereon. C. Improvements and Alterations. No buildings, fences or structures of any kind, or acld�tions thereto, or driveways shall be erected, placed or allowed to stand upon any Residence Lot until the size, plans, specifications and locations thereof shall have been approved in writing by Declarant, or an architect so designated to perform such professional service by .Declarant. Declarant shall have the sole and exclusive right to refuse to approve any plan, design specifications or building materials which Declarant deems not suitable or desirable for the overall development of Meadowood. No loam, sand, gravel, or other soil material, except that resulting from customary landscaping and construction permitted and approved hereunder, shall be removed from any Residence Lot. The erection of any approved structure on a Residence Lot, one begun, shall be carried forward to completion with reasonable diligence, specifically including the landscaping thereof. D. Temporar Occu ane No trailer, mobile home, camper, temporary building or structure of any kind, shall be used for a residence, either temporarily or permanently. E. Trailers and Tents. No trailer, mobile home, commercial veh cle, construction- equipment, camper, permanent tent or similar structure, shall be kept, placed or maintained upon any Residence Lot or on any vehicular access areas in such a manner as to be visible from neighboring property; provided however, that the provisions of this paragraph shall not apply to temporary construction shelters or facilities maintained during and used exclusively in connection with the construction of any improvement approved by Declarant, or its designee. -3- 10,1.633.5 N. Ssets. No swingset may be installed or maintained on any Residence Lot unless it is a wood structure and has been approved in writing by Declarant or his successor as provided herein. 0. No Cut Zone. No trees in the area designated on the Plan No. 12178 as "Exist. 25 ' Wide Wetland Setback (No Cut Zone) " shall be cut or otherwise destroyed, except for the cutting or pruning in the course of normal maintenance or to implement disease prevention measures, without the express permission of the North Andover Planning. Board. section 2.03 Common Areas; Permitted Uses and Restrictions. The Common Area shall be subject to the following limitations and restrictions: A. TOT LOT. There shall be no use .of the Tot Lot which injures or —arsthe area, the equipment or .plantings, if any, thereon, increases the maintenance thereof, or causes embarrassment, nuisance, disturbance or annoyance to others. There shall be no littering in or about the Tot Lot, all trash is to be disposed only in appropriate trash containers. The use of the Tot Lot shall be at the sole risk of the user(s) and in no event shall the Declarant be liable for any injury to person or property in connection with the Tot Lot. The use of the Tot Lot by minors shall only be under the supervision of a parent or legal guardian. The Tot Lot shall be restricted to certain Posted hours of use and subject to such rules and regulations as may be imposed by the Declarant, the Association, as hereinafter . described, if and when created, or the Town of North Andover, if and when dedicated or conveyed to the Town. Section 2.04 Residence Areas: Construction of Improvements and Alterations. A. Application for Approval of Improvements and Alterations. Any owner of a Residence Lot proposing to make any mprovement which, under Section 2 . 02 hereof, requires the prior written approval of Declarant, or its designee, shall apply for approval by delivering a written application describing the nature of the proposed improvement, . together with such of the following documents and information as are pertinent, in such number of copies as the Declarant, or its designee may require. (1) A plot plan of the affected property showing the location of existing and proposed improvements and alterations; (2) Floor plans and landscaping plans; (3) Drawings showing all elevations; -5- 10,1.633.5 r Q Y E. Failure to Complete work. In the event that the construction, reconstruction,refinishing; or alteration of any improvement is not completed within a reasonable time, or having been completed does not comply with the approval therefor given, the Declarant, or its designee, may direct and order the owner to remedy the non-compliance or remove the improvement. If the owner does not comply with the order within the period set forth in the order, the owner shall reimburse the Declarant, or its designee, upon demand, for .all reasonable expenses and legal. fees incurred in connection with the enforcement thereof. 2. 05 Association of Homeowners. A. After the Declarant has conveyed all 26 Residence Lots the then record owners of 19 or more of the 26 Residence Lots may form an association of homeowners (the "Association") , The purpose of the Association shall be to assume any and all rights and obligations of the Declarant under the Declaration, including without limitation, the right to approve or disapprove any request which requires the written approval of Declarant. B. The Association shall be in such form as voted by the record owners of 19 or more Residence Lots, provided that the formation of the Association shall be in writing, executed by the required record owners of Residence Lots and .notice thereof shall be recorded with the Essex North Registry of Deeds on which notice reference shall be made to the Declaration. C. All rights of approval by Declarant pursuant to the Declaration shall expire as to the Declarant, but not as to the Association if and when created, upon the earlier of: (i) six (6) months following the sale of the last Residence Lot by Declarant; or (ii) the formation of the Association as provided herein. If after six (6) months following the sale of the last Residence Lot by the Declarant no Association is formed, as provided herein, no approvals shall be necessary as to matters requiring the written approval of Declarant unless and until such time the Association is formed. D. Notwithstanding anything contained herein or the Declaration to the contrary, so long as Declarant owns any Resdential Lot(s) , Declarant shall have the sole and exclusive right and authority to approve or disapprove any request which requires written approval and so long as Declarant owns any Residence Lot(s) no amendment affecting these rights shall be valid unless executed by Declarant. E. Nothing contained herein shall prevent the Declarant from assigning its rights as Decl-.rant to a third party which -7- 10,1.633.5 SECTION 3.03 Delivery of Notices and Documents. Any written notice or other document relating to or required by this Declaration may be delivered either personally or by mail. If by mail, it shall be deemed to have been delivered forty-eight (48) hours after a Copy of same has been deposited in the United States mail, certified or registered mail, postage prepaid, return receipt requested. Declarant's mailing address shall be 733 Turnpike Street, Suite 209, North Andover, Massachusetts 01845 or such address contained on a notice recorded with the Essex North Registry of Deeds on .which notice reference shall be made to this Declaration. Section 3.04 Construction and Severability: Singular and Plural. A. Provisions Severable. Each of the provisions of this Declaration shall be deemed ndependent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision. B. Singular Includes Plural. Unless the context requires a contrary construct on, the sI lar shall include the plural and the plural and singular; and the masculine, feminine or neuter shall include the masculine, feminine and neuter. C. Captions. All captions or titles used in this Declaration are ntended solely for convenience or reference and shall not affect that which is set forth in any of the provisions hereof. D. Definitions. Whenever the context so permits references o the term "Residence Lot" contained within-this Declaration shall include each Lot numbered 1 through 16 inclusive, Lot 17A, Lot 18, Lot 19A, Lot 20, Lot 21A, Lot 22A, Lot 230 Lot 24, Lot 25A and Lot C all as shown on the Plans. MEADOWS REALTY TRUST By: - Thoams D. Laudani, Trustee and not Individually -9- 10,1.633 .5 The hens shall be secured in a coop and contained in a fenced area on the property when out of the coop. This use shall meet all current applicable State or Board of Health regulations regarding the raising of chickens. 7. Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten(10) foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. 8. Museums. 9. a. Public and private non-profit educational facilities. (1986/17) b. Private for profit educational facilities by Special Permit(1986/17) 10. Municipal building or use, and public service corporation use (Special Permit Required). (1986/18) 11. Golf Course. 12. Swimming and/or tennis clubs shall be permitted with Special Permit. 13. Cemetery. 14. Residential Dwellings A. Dwelling types _ a. One Family Dwelling. b. Two family dwellings,by special permit from the Zoning Board of Appeals in accordance { with Sections 10.3 and 4.122.14.1) of this Bylaw. t B. Conversions - The conversion of an existing one-family to a two-family dwelling, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.1) of this Bylaw, provided that conversion from a one-family to a two-family dwelling meets the following additional requirements: a. If a conversion involves increasing the size of an existing structure, the expansion area shall not exceed 50% of the original buildings gross floor area up to a maximum of 1500 s.f. The size of the second dwelling unit can never exceed 1500 s.f. b. If a conversion involves razing an existing structure, the gross floor area of the new residential structure shall not exceed 150% of the gross floor area of the original building, nor shall the new structure be more than 1,000 square feet of gross floor area larger than the original structure, whichever is less. The size of the second dwelling unit may never exceed 1,500 square feet. If an existing lot is subdivided to form two or more new lots, and the existing structure lies within more than one of the new lots, and if the existing structure is to be razed in connection with the conversion, then new buildings on any lot formerly covered by the existing structure must comply with all the provisions of 4.122.14.13 of the Bylaw. Newly created lots not formerly covered by the existing structure must meet the requirements of 4.122.14.1) of the Bylaw. c. There must be two parking spaces for each dwelling unit. d. No parking/driveway shall be permitted within 10 feet of any lot line. e. No garage or carport shall face the street unless it is located at least 10 feet behind the front fagade of the principal structure and in accordance with the dimensional setbacks outlined in Table 2 of this Bylaw. f. The converted structure shall meet all of the dimensional requirements of the R-4 District identified in Table 2 of this Bylaw. 35 g. Stairways leading to the second or any higher floor shall be enclosed. h. The principal building in a conversion to a two-family dwelling shall share a connected t common wall (or floor) for at least 75% of the wall's (or floor's) surface. No unheated structure, no structure without foundation, and no structure that is entirely or partially a garage shall be considered as meeting the 75%requirement. i. The conversion of a one-family dwelling to a two-family dwelling: 1. Must not result in any portion of the post-conversion roofline height exceeding the pre- conversion roofline height by more than five (5) feet, and 2. Must not significantly increase or decrease the pitch of any additional post-conversion roof area C. The conversion of an existing dwelling to accommodate not more than five (5) residential units, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.1) of this Bylaw. The conversion of a single family dwelling to a two-family dwelling must comply with the provisions of Sections 10.3, 4.122.14.13, and 4.122.14.D. D. Special Permit Granting Criteria for Two-Family Dwelling and One-Family to Two-Family or Multi-Family Conversions. a. The Zoning Board of Appeals may approve a special permit for a proposed use of a building, dwelling or structure provided by Section 4.122.14.A.b., 4.122.14.13 or 4.122.14.0 upon fording that the application complies with the purposes of this Bylaw, and is consistent with the use of the site for the purpose permitted within the Residential 4 District. In making its decision, the Zoning Board shall consider the following criteria in addition to those listed in Section 10.31: 1. Consistency with`the North Andover Master Plan. 2. The degree to which the proposed use furthers the Town's interest in providing a range of housing types, where applicable. 3. The degree to which the application addresses the following design standards: i. Achieve compatibility with the established pattern of uses in the district. The Residential 4 District consists primarily of single-family dwellings near the Stevens Memorial Library Area and off of Massachusetts Avenue, and more compact neighborhoods with a mix of residential uses toward Waverly Road. New construction or substantial alteration of buildings must compliment and reinforce the design features of these neighborhoods. ii. Achieve design compatibility with architectural features and exterior materials of surrounding structures. iii. Preserve existing structures of historic value. Buildings, dwellings or structures listed on the National Register of Historic Places or the State Register, and are more than 50 years old as of the date of application for a special permit, may be converted, constructed, reconstructed, restored or altered only in a manner that maintains or promotes their status as listed or eligible historic resources. For purposes of zoning compliance, additions or alterations that adhere to the U.S. Secretary of the Interior's Standards for the Treatment of Historic Properties will generally be presumed to maintain or promote such status. iv. Preserve established,mature vegetation. b. The right to apply for a special permit to convert an existing dwelling shall extend to any dwelling to be converted for use as a dwelling of not more than five (5) residential units, ! and meeting all requirements of the State and Town Statutes and Bylaws, including the 36 P' lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. 8. Museums. 9. Public buildings or use and public service corporations%(Special Permit Required),but not including public works garages. 10. a. Public and private non-profit educational facilities (1986/17) b. Private for profit educational facilities by Special Permit. (1986/17) 11. Golf Course. 12. Swimming and/or tennis clubs shall be permitted with a Special Permit. 13. Cemetery. 14. Town houses. 15. Guest or rooming houses. 16.Nursing or convalescent home—see dimensional requirements of Table 2 (Special Permit required). 17. Multi-family dwellings. 18. Professional offices on the ground floor of multi-family dwelling structures. (Floor area utilized for offices shall reduce the total floor space ordinarily permitted for residential use on a proportional basis. Each one-thousand(1000) square feet or part thereof such floor space shall reduce the permitted number of dwelling units by one). 19. Hotel or motel(Special Permit required). 20. Parking, indoor storage and other accessory uses associated with the above uses,provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. 21. Accessory buildings no larger than sixty four(64) square feet shall have a minimum five (5) foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling. 22. Day Care Center by Special Permit. (1985/23) 4.125 Residence 6 District(1989/43) 1. Single-family residential structure. 2. Two-family residential structure. 3. Multi-family residential structures, not exceeding seven (7) dwelling units per structure. 4. Place of worship. 5. Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in a dwelling so used,provided there be not advertising on such dwelling or its lot other than a name plate or sign not to exceed six(6)inches by twenty four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. 6. For the use of a dwelling in any residential district or multi-family district for a home occupation, the following conditions shall apply: a. Not more than three(3)people may be employed in the home occupation, one of whom shall be owner of the home occupation and residing in said dwelling. b. The use is carried on strictly within the principal building. c. There shall be no exterior alterations, accessory building, or display that are not customary with residential buildings. d. Not more than twenty-five (25)percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand(1000) square feet, is devoted to such use. In connection with such use,there is to be kept no stock in trade commodities, or products which occupy space beyond these limits. e. There will be no display of goods or wares visible from the street. 40 The following uses shall be allowed only by Special Permit, the permit granting authority shall be the Planning Board. 1. Retail stores, salesrooms, funeral parlors, showrooms or places for any professional artistic or mercantile activity not involving automotive sales, manufacturing or service, also retail bakeries or confectioneries by Special Permit. 2. Banks, offices and municipal, civic or public service buildings, such a post offices,telephone exchanges,town offices, school library, location passenger station by Special Permit. 3. Dining room or lunchroom by Special Permit. 4. Any accessory use customarily incident to any of the above permitted used,provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood by Special Permit. 5. Single family residential structures,which conform to the following dimensional criteria: (1992/52) Requirements Dimensions Lot area min. Sq. Ft 5,000 Height Max. (Ft.) 35 Street Frontage Min. (ft.) 75 (l) Front Set Back Min. (ft.) 20 Side Set Back Min. (ft.) 5 Rear Set Back Min. (ft.) 15 Floor Area Ratio Max. N/A Lot Coverage Max. 25% Dwelling Unit Density 6/acres(2) Contiguous Buildable Area 5,000 Sq. Ft. (Min.) For each application filed for a Special Permit under this Section, the applicant must have a contiguous parcel of land, in a single or consolidated ownership at the time of application, which is at least three(3) acres in size. Footnote: 1. In instances where a lot fronts on Route 114, for purposes of public safety,the required lot frontage shall be 250 feet. 2. Only if all lots or structures are serviced with public sewer and/or private sewer system approved and accepted by the Town. For the purpose of this Section,the term private sewer system shall mean a sewer system built by a developer of the Town specifications and locations, and dedicated to the Town. In no instances shall the term private sewer system be construed to limit accessibility to the sewer system beyond regulations consistent with the public sewer system. 4.126 Business 1 District 1. Retail establishments up to 50,000 square feet of gross floor area per user. Retail establishments in excess of 50,000 square feet of gross floor area per user shall be permitted with a Special issued by the Planning Board as Special Permit Granting Authority. 2. Personal service establishments. 3. Professional offices, banks, real estate offices, and insurance offices. 4. Eating or drinking uses may be permitted only as a secondary use within a permitted primary use. 5. Place of worship. 6. 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"` .. ,�,t ria "; #ice '"3 4• a'`e L f � . ulva 0 MVPC Bo Zoning Overlay Zoning ©Adult Entertainment Dislric C Busine s 1 District G3 Municipal Boundary 0 Machine Shop Village Ove 0 Busine s 2 District Horizontal Datum:MA Staleplane Coordinate System,Datum NAD83, Rail Line 0 Watershed Protection Dist O Busine s 3 District Meters Data Sources:The data for this map was produced by Merrimack Interstates 0 Historic Mill Area O Busine s 4 Distrix pORTil Valley Planning Commission(MVPC)using data provided by the Town of = Interstate ©Medical Marijuana 0 Gener Business District Ot"t,i p `�'.� North Andover.Additional data provided by the Executive Office of Major Road 0 Downtown Overlay District 0 Plann Commercial Dev ? eft .°OO Environmental AffairslMassGIS.The information depicted on this map is Roads 0 Historic District 9 Comm Development Dist YLforplanning purposes only.It may not be adequate for legal boundary UOsgood Smart Growth(40 0 Comd Development Dist O -- - "" M definition or regulatory interpretation.THE TOWN OF NORTH ANDOVER t i Easements M Hydrographic Features 0 Corrido Development Dist F p MAKES NO WARRANTIES,EXPRESSED OR IMPLIED,CONCERNING I C]Parcels -- Streams J Industri industri 12 District r< THE ACCURACY,COMPLETENESS,RELIABILITY,OR SUITABILITY • i ♦ OF THESE DATA.THE TOWN OF NORTH ANDOVER DOES NOT Wetlands a Industri lSDistrict s o _ �, • ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF 0 in dustri I S District qa` THIS INFORMATION Q Exempt Lands Reside ce i District �, °+++.e•��,�.(°4 0 Reside ce 2 District SSAC1{U5� 0 Raside ce 3 District de ce 4 District 1"=38ft dece5Disria ede ice 6 District m eResidential District SECTION 7 DIMENSIONAL REQUIREMENTS 7.1 Lot Area. Minimum lot areas for such uses in each district shall be as set forth in Table 2, Summary of Dimensional Requirements,which is hereby made part of this Bylaw. 7.1.1 Contiguous Buildable Area(CBA) As of April 28, 1986, the area of any new lot created, exclusive of area in a street or recorded way open to public use, at least seventy five (75)percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act,Massachusetts General Laws, Chapter 131, Section 40 and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. The proposed structure must be constructed on said designated contiguous land area. 7.1.2 Lot Width For any lot created after May 1, 1995, the minimum width of the lot shall be a distance of one hundred (100) feet between the street frontage and the front building line The width shall be measured in a line parallel to the street. This requirement shall apply in all zones except Residence 4 (R4) and Village Residential (VR); for zone R4, said minimum width of the lot shall be a distance of(eighty) 80 feet and for zone VR, said minimum width of the lot shall be a distance of(eighty) 80 feet. 7.1.3 Restrictions 1. When a fifty(50) foot straight line is drawn to divide a lot in two, and the perimeter of the smaller piece is greater than two hundred(200) feet, then such smaller piece shall not be included in the calculations when determining: lot area contiguous buildable area(CBA), or street frontage as required by the Summary of Dimensional Requirements (Table 2) of this bylaw. This restriction applies only to lots created after May 1, 1995. 2. Any lot created after May 1, 1995 shall have a lot depth of thirty(30) feet or more for at least eighty(80)percent of the minimum length of its frontage as required by the Summary of Dimensional Requirements (Table 2) of this bylaw. The lot depth shall be measured as a line drawn perpendicular to the street. 3. No lot,upon which is then located any buildings or with respect to which a permit has been issued and is then outstanding for the erection of any building, shall be subdivided or reduced in area in any manner unless said lot shall thereafter fulfill the lot area, street frontage and yard space requirements of this Bylaw except as may be permitted otherwise by the provisions of a variance granted by the Board of Appeals. If land be subdivided, conveyed, devised or otherwise transferred in violation hereof, no building permit or other permit shall be issued with reference to any of the land so transferred or to the lot(s)retained until all of such land and lots meet the requirements of this Zoning Bylaw. Any land taken by eminent domain or conveyed for a public purpose for which the land could have been taken shall not be deemed to be transferred in violation of the provisions hereof. 7.2 Street Frontage Minimum street frontage shall be as set forth in Summary of Dimensional Requirements (Table 2) and the lot line meeting these requirements shall constitute the "street frontage" for the lot. In no case shall actual street frontage at the street line be less than seventy five (75) feet; except as allowed by Section 7.2.2. Corner lots shall be required to have the required frontage only on one street. In determining the fulfillment of the minimum area and minimum street frontage of a lot required in any zoning district, there shall not be included any land within the limits of a street upon which such lot abuts, even if the 84 f fee to such street is in the owner of the lot; except that if a corner lot at its street corner is bounded in part by a segment of curved line not more than seventy five(75) feet in length connecting other lines bounding such lot which if extended would intersect, the area and frontage required in such lot shall be computed as if such potentially intersecting lines were so extended; but if a curved line more than seventy five (75) feet in length is the whole of any one boundary line of a lot, the minimum area and minimum frontage required shall be determined entirely within the lines bounding such lot, including such curved line. 7.2.1.Access across street frontage Access to each lot, except for corner lots,must be provided across the street frontage. If access to a lot is not across the street frontage as of the date of the adoption of this Section 7.2.1,the lot will not be considered nonconforming as to use or as to an existing structure on that lot. (1994/39) Exceptions to this requirement may be granted by the issuance of a Special Permit from the Planning Board. A street frontage access Special permit may be granted for a lot in any residential district provided that: a) The specific site is an appropriate location for access to the lot given the current and projected traffic on the roadway, and the site distance to adjacent driveways and roadways, and/or b) Special environmental conditions exit such as wetlands and/or steep slopes such that access across the street frontage would require wetland filling or extreme cutting and/or filling of slopes or would be otherwise detrimental to the environment, c) The access will not adversely affect the neighborhood; d) There will be no nuisance or serious hazard to vehicles or pedestrians; e) The access is in harmony with the general purpose and intent of this Bylaw. 7.2.2 Frontage exception Exceptions for meeting the frontage and lot width requirements required by sections 7.1.2 and 7.2 may be granted upon the approval of a Special Permit. The permit granting authority shall be the Planning Board. A street frontage and lot width exception Special Permit may be granted for a lot in any residential district provided that: a) The area of the lot exceeds by three (3)times the minimum lot area required for that district; b) The lot has a minimum continuous street frontage of not less than fifty(50) feet and a width of not less than(50) feet at any point between the street and the site of the dwelling; c) There is not more than one other such lot with frontage contiguous to it: and d) It is so located as not to block the possible future extension of a dead end street. e) The creation of the frontage exception lot will not adversely affect the neighborhood; f) The creation of the frontage exception lot is in harmony with the general purpose and intent of this Bylaw; g) No such lot as described above on which a dwelling is located, shall be hereafter reduced in area below the minimum area required in Section 7.1 (1985/16) 7.3 Yards (Setbacks) Minimum front, side and rear setbacks shall be as set forth in Table 2, except for eaves and uncovered steps,-and projections, as noted in sections 7.31, 7.32 and 7.33. Buildings on corner lots shall have the required front setback from both streets, except in Residence 4 (R4) District,where the setback from the side street shall be twenty(20) feet minimum. 7.31 —Proiections into Front Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required front yard not more than one-third of its width and not more than four feet in any case. 85 Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required front yard. X7.32—Projections into Side Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required side yard. &7.33—Projections into Rear Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required rear yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required rear yard. 7.4 Building Heights Maximum heights of buildings and structures shall be as set forth in Table 2. The foregoing limitations of height in feet in the designated zoning districts shall not apply to: 1. Farm buildings on farms of not less than ten(10) acres. 2. Nor shall they apply to chimneys, ventilators, skylights,tanks,bulkheads, penthouses,processing towers, and other accessory structural features usually erected at a height greater than the main roofs of any buildings. 3. Nor to domes,bell towers, or spires of churches or other buildings,provided all features are in no way used for living purposes. , 4. And further provided that no such structural feature of any non-manufacturing building shall exceed a height of sixty five(65) feet from the ground. 5. Nor of a manufacturing building a height of eighty five (85) feet from the ground, or pharmaceutical manufacturing silo having a height of one hundred-fifteen(115) feet from the ground. 6. A parcel or parcels collectively comprising at least five (5) acres of land located within a Business 2 (B-2) Zoning District eligible for a waiver of the maximum height, for residential multifamily dwellings and town houses described under Table 2;provided that such height waiver shall not permit a structure to exceed more than four stories and 55 feet in height, and further provided that such waiver is granted by the Planning Board, as Special Permit Granting Authority, after the Planning Board has made a determination based upon consideration of the special permit criteria described under Section 10.31 of the Zoning Bylaw. 7.5 Lot Coverage Maximum lot coverage by buildings shall be as forth in Table 2. Lot coverage shall mean the percent of the lot covered by principal and accessory structures. 7.6 Floor Area Ratio Maximum floor area ratio (FAR) shall be as set forth in Table 2. FAR is the ratio between the total amount of building floor area on all usable floors and the area of the lot on which it is located. 7.7 Dwelling Unit Density Maximum dwelling unit density(dwelling units per acre) shall be as set forth in Table 2 86 7.8 Exceptions 1. The residential lot areas and frontages above required and listed in Table 2 shall not apply in any residence district to any lot of less area or less frontage than above required if such lot be not adjoined by other land of the same owner, available for combination with or use in connection with such lot,provided that the applicant for a building permit on any such lot shall show by citations from the Essex County Registry of Deeds incorporated in or attached to such application that such lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 and provided that on such a lot there shall be kept open and not built upon a front yard and a rear yard each not less than 20 feet deep, and two side yards, each not less than 12 feet wide; and further provided that such lot shall have a minimum street frontage of 50 feet and a minimum lot area of 5,000 square feet. 2. In Residence 4 (R4)Districts only, two or more vacant lots,mutually adjoining,may with a Special Permit from the Board of Appeals be permitted to be combined into a new lot or lots of not less than 10,000 square feet area each, and with not less than 100 feet street frontage,provided it be shown to the Board of Appeals that each such lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 and the Building Inspector shall permit the construction of one single family dwelling on each such 10,000 square foot lot. 3. As described in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall apply to land shown on an approved definitive subdivision plan as defined by the Subdivision Control Law, for the length of time described in M.G.L. Ch. 40A. 4. As described in M.G.L. Ch. 40A,no amendment to this Zoning Bylaw shall affect the use of land shown on an endorsed Approval Not Required Plan, as defined by the Subdivision Control Law, for the length of time described in M.G.L. Ch. 40A. (Section 7 rewritten and reorganized May 1, 1995 Annual Town Meeting,Article 41) 87 Summary Of Dimensional-, Requirements - Lg'(IJt6)j1: agrMBs .,M,us. Bus. � ; +BusrPG� ,G, ene[al +CDD !,CDD CDD � aTn� ,+In�d�.- a - nd2 _4) 9C (�1)j 6 Co Y2 ='rBus. 1 3 `dot . 87,120 43,560 25,000 12,500 43,560L 43,560(7) 130,680 25,000 25,000 120,000 80,000 90,000 150,000 25,000 43,560 87,120 108,900 80,000 80,000 435,600 50,000 ,S�.F,. Height o 35 35 35 35 35 35 35 35 35 35 60 40*(17) F 35*** 45 35 35 45 55 55 55 55 ' r v �S ee rootage ' .- , . 175 150 125 100 85(13) 150 150(13) 125 125 300 200 200 300 125 150 250 250 150 150 150 150 ft�a 1F ornt S tUack t1Vlin. .ft 30 30 30 30(8) 25 30 25 30 25 100 50 S0**(17)(1) 100 25 10 0) 100 15(l) 50 50 100(10) 30 ES515_ Setbac 30 30 20 15 15 25 15 (2) (2) (3) (3> **(1.7) (2) 50(3) 50(3) 200(lo> (2) W—M— 20 25 50 50 25 50 25 15 15 20 20 'dR_ear.Set ack - 30 30 30 30 30 30 30 30(2) 30(2) 50(3)+ 50 '25**(17) 50 35(2) 20 25 30 50(3) 50(3) 200(10) 30(2) I �Floo`�Area � (ls) 1 RaioMaz. N/A N/A N/A N/A N/A 0.75:1 0.25:1 0.30:1 0.75:1 0.40:•1 1.50:1 N/A 0.75:1 N/A 0.75:1 0.75:1 0.75:1 0.50:1 0.50:1 0.50:1 0.50:1 t t C_ overage N/A N/A N/A N/A N/A 20% 20% 30% 35% 30% 25% 25% 25% 35% 70% 70% 70% 35% 35% . 35%(11) 35% I. ag?s"r at �D�"`enlhng Uni +D n ity� N/A N/A N/A N/A 1/acre(12) Multi-Fam.(12) 9/acre(12) N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A -N/A N/A N/A g�j g/Acre - - Town House ®.PenSpace . 25%**(16) 30% 30% 30% *Two stories not to exceed 40ft. **Refer to Sections 8.1(13)and 8.4(6) ***See detailed District Use Regulations Please refer to footnotes for additional information lz A true copy of the Zoning Map adopted by the Town of North Andover on June 5 , 1972 J � - ATTEST : �!✓ JOH YONS T WN C RK CD CD C3;4 m °P- tz ----------------- io o \l\ ,\ t2 /j/ LgKF CO CN/CNEWi \\ Q2 • (. it .a X J1 C.K Z .a moo` PI 13N fl � R 2 R"� -� . rim- mz a ,I w - ------- - ------- Q 0 L - Q. \`\, (- `t� •i en e - `.� �' ¢'s Q.2 ss%'�'/ ---_� {' �_J I -it--�- i,. � ti. \ lr i �p • LEGEND• ea ea e`' L��� I �/ R-1 RESIDENCE 1 DISTRICT �. ` r ""'• i ¢-¢ =-�-_:-_---- - - .. m'. 2-2 RESIDENCE 2 DISTRICTS8-&- 2-3 RESIDENCE 3 DISTRICT R-4 12ESIDENCE4 DISTRICT �. yes �.. �`- i✓ , N _ ; t.l �'�- ``l4 R=5 RESIDENCE TR 5 DIGICT 5-1 BUSINESSI DISTRICT 1-• s-c �Y`' 4`° - 2-a i R.2 � � N 62 BUSINESS 2 DISTRICT Q `�/ r &� _ B•3 BUSINESS 3 DISTRICT 1�_ ,� r� - ✓s_ Za Q3 ^ • G.a g.s I 1 r D 3 B-4 BUSINESS 4 DISTRICT Q� � i � � 2''' - „i .'R•a 22 _ � '�✓ H ,� Q' G.B.GENERAL BUGNE55 DISTRICT ` Q� \ sea ¢s ( - R2 r. y m I 14 M Z Z I.1 INDUSTRIAL I DISTRICT bQ• t-a • � ¢` ✓ � de y3 y,e -F f J '' I.2 INDUGTRIAL2 010TRICT3: I-5INDUSTRIALS 015TPJCi 1� •• >rL v _- dz I ---u••� '� ¢� + �a e6 2n mail c.j t\ _ R2 R-2 i • (C 0 m ��mLJKTuT❑-� � �V ' ,4 Y• m, Q =ZONING MAP a► a� �•'• . 1.- R 1-I l LmG /LmoJc,' s ¢. 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