HomeMy WebLinkAboutZoning Bylaw with May 04 revisions THE ZONING BYLAW
TOWN OF NORTH ANDOVER
1972
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Last Amended May 2004
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NORTH ANDOVER ZONING BYLAW
TABLE OF CONTENTS
PAGE
TABLE OF CONTENTS 2-7
TABLE OF REVISIONS 8-15
Section 1 PURPOSES 16
Section 2 DEFINITIONS 17-24
2.1 General 17
2.2 Specific Words and Phrases 17
2.21 Accessory Use or Structure 17
2.21.1 Adult Bookstore(1966/22) 17
2.21.2 Adult Cabaret(1966/22) 17
2.21.3 Adult Motion Picture Theater(1966/22) 17
2.21.4 Adult Paraphernalia Store(1966/22) 17
2.21.5 Adult Video Store(1966/22) 17
2.21.6 Adult Use(1966/22) 17
2.22 Automobile Repair Shop(1989/32) 18
2.23 Automobile Service Station 18
2.24 Body Shop 18
2.25 Board of Appeals 18
2.26 Building 18
2.26.1 Building Coverage(1989/32) 18
2.27 Building Height(1999/20) 18
2.28 Building,Principal 18
2.29 Car Wash 18
2.29.1 Congregate Housing 18
2.29.2 Day Care Center(1985/21) 19
2.3 District 19
2.30.1 Driveway(1989/32) 19
2.31 Dwelling 19
2.32 Dwelling,Multi-Family 19
2.33 Dwelling, One Family 19
2.34 Dwelling,Two Family 19
2.35 Dwelling Unit 19
2.36 Erected 20
2.37 Family 20
2.37.1 Family Suite(1987/22) 20
2.38 Frontage 20
2.38.1 Floor Area,Gross(1987/20) 20
2.38.2 Floor Area,Net(1987/21) 20
2.38.3 Floor Area Ratio(1989/32) 20
2.39 Guest House 20
2
2.39.1 Hazardous Material(s)(1990/34) 20
2.40 Home Occupation(1989/32) 21
2.41 Hotel or Motel(1996/19) 21
2.41.1 Independently Elderly Housing 21
2.42 Loading Bay 21
2.43 Lot(1989/32) 21
2.44 Lot, Corner 21
2.45 Lot Lines 21
2.46 Lot Line,Front 21
2.47 Lot Line,Rear 21
2.48 Lot line, Side 21
2.49 Lot Line, Street 21
2.50 Mean High Water Mark 21
2.51 Medical Center 22
2.52 No Cut Zone(1989/32) 22
2.53 Non-Conforming Use 22
2.54 Office,Business 22
2.55 Office,Professional 22
2.56 Parking Area,Private 22
2.57 Parking Garage,Private 22
2.58 Parking Garage,Public 22
2.59 Personal Service Establishment 22
2.60 Place of Worship 22
2.61 Planning Board 22
2.61.1 Principal Structure(1989/32) 22
2.62 Public Building or Use 22
2.63 Rooming House 23
2.64 Special Permit 23
2.65 Special Permit Granting Authority 23
2.66 Special Permit Unit 23
2.67 Street 23
2.68 Structure 23
2.69 Town House 23
2.70 Tributary 23
2.71 Yard(Setback) 23
2.72 Yard,Front(Setback) 23
2.73 Yard,Rear(Setback) 24
2.74 Yard, Side(Setback) 24
2.75 (1985/25) See 2.30.1 24
2.76 Planned Development District 24
2.77 Public Parking Area 24
Section 3 ZONING DISTRCTS AND BOUNDARIES 25
3.1 Establishment of Districts 25
3.2 Zoning Map 25
3.3 District Boundaries 25
3.4 Historic Districts (1987/16) 25
3
Section 4 BUILDINGS AND USES PERMITTED 26-64
4.1 District Use Regulations 26
4.1.1 General Provisions 26
4.12 Permitted Uses 26
4.121 Residence 1,2,and 3 Districts 26-28
4.122 Residence 4 District(2004/40) 28-31
4.123 Village Residential District(1987/11) 31-32
4.124 Residence 5 District 32-34
4.125 Residence 6 District(1989/43) 34-36
4.126 Business 1 District 36
4.127 Business 2 District 37
4.128 Business 3 District 37-38
4.129 Business 4 District 38-39
4.130 Village Commercial District(1987/12) 39
4.131 General Business District 39-40
4.132 Industrial 1 District 40
4.133 Industrial 2 District 41-42
4.134 Industrial 3 District 42
4.135 Industrial"S"District 42
4.136 Watershed Protection District(1995/38) 43-51
4.137 Flood Plain District(2004/43) 51-57
4.2 Phased Development Bylaw(2004/38) 57-60
4.3 Residential Re-Adaptive Special Permit(2004/42) 60-62
Section 5 EARTH MATERIALS REMOVAL 63-68
5.1 General 63
5.2 Definitions 63
5.3 Application for Earth Removal Permit 63-64
5.4 Permits for Earth Removal 64
5.5 Earth Removal Incidental to Development 64-65
5.6 Miscellaneous Removal of Earth 65
5.7 Operation Standards 65-67
5.8 Restoration Standards 67
5.9 Security Requirements 67-68
Section 6 SIGNS AND OUTDOOR LIGHTING REGULATIONS 69-76
6.1 Authority and Interpretation 69
6.2 Purpose 69
6.3 Definitions 69-70
6.4 Administration and Enforcement 70-71
6.5 Prohibitions 71
6.6 Permitted Signs 72-76
Section 7 DIMENSIONAL REQUIRMENTS 77-79
7.1 Lot Area 77
7.1.1 Contiguous Buildable Area(CBA) 77
7.1.2 Lot Width 77
7.1.3 Restrictions 77
4
7.2 Street Frontage 78
7.2.1 Access 78
7.2.2 Frontage Exception 78
7.3 Yards(Setbacks) 78
7.4 Building Heights 79
7.5 Lot Coverage 79
7.6 Floor Area Ratio 79
7.7 Dwelling Unit Density 79
7.8 Exceptions 79
Section 8 SUPPLEMENTARY REGULATIONS 80-108
8.1 Off Street Parking 80-82
8.2 Automobile Service Station&Other Automobile 82
Services
8.3 Site Plan Review 82-88
8.4 Screening and Landscaping Requirements 89-90
for Off-Street Commercial&Industrial Districts
8.5 Planned Residential Developments(PRD) 90-93
8.6 Satellite Receiver Discs 94
8.7 Growth Management-Deleted May 2004 per Article 39
8.8 Adult Use Zone 94-95
8.9 Wireless Service Facilities 96-107
8.10 Lot/Slope Requirements 107-108
Section 9 NON-CONFORMING USES 109-110
9.1 Non-Conforming Uses 109
9.2 Alteration or Extension 109
9.3 Pre-Existing Non-conforming Single Family Structures 109-110
and Uses in the Residential 1,Residential 2,Residential 3,
Residential 4 and Residential 6 Districts(2004/41)
9.4 Building after Catastrophe 110
9.5 Abandonment 110
Section 10 ADMINISTRATION 111-117
10.1 Enforcement 111
10.1.1 Building Permit 111
10.12 Certificate of Use and Occupancy 111
10.13 Penalty for Violation(1986/15) 111
10.14 Planning Board,Associate Member 112
10.2 Board of Appeals 112
10.21 Appointment and Organization 112
10.22 Powers of the Board of Appeals 112
10.3 Special Permit 112
10.31 Conditions for Approval of Special Permit 112-113
10.32 Temporary Permit 113
10.4 Variance and Appeals 114
10.5 Amendments to Zoning Bylaw 115
10.51 Submission of Amendment to Planning Board 115
5
10.52 Public Hearing 115
10.53 Report by Planning Board 115
10.54 Failure to Adopt 115
10.55 Repetitive Petitions 116
10.56 Procedural Defects 116
10.57 Effect of Subsequent Amendments 116
10.6 Conflict of Laws 116
10.7 Validity 116
10.8 Repetitive Petitions 116
10.9 Withdrawal without Prejudice 1117
Section 11 PLANNED DEVELOPMENT DISTRICT 118-121
11.1 Jurisdiction 118
11.2 Purpose 118
11.3 Procedures 118-119
11.4 Minimum Requirements 120
11.5 Permitted Uses 120-121
11.6 Relation to Subdivision Control Act 121
Section 12 LARGE ESTATE CONDOMINIUM CONVERSION 122-123
12.1 Purpose 122
12.2 Requirements 122-123
12.3 Contents of Application 123
12.4 Change in Application 123
12.5 Review by the Planning Board 123
Section 13 CONINUING CARE RETIREMENT CENTER 124-127
13.1 Establishment 124
13.2 Purpose 124
13.3 Definitions 124
13.4 Permitted Uses 125
13.5 Standards and Restrictions 125-6
13.6 Bonuses 127
13.7 Approval 127
Section 14 INDEPENDENT ELDERLY HOUSING 128-129
14.1 Establishment 128
14.2 Purpose 128
14.3 Definition 128
14.4 Permitted Uses 128
14.5 Standards and Restrictions 128-129
14.6 Density Bonus 129
Section 15 PLANNED COMMERCIAL DEVELOPMENT 130-132
DISTRICT(2004/45)
15.1 Objectives 130
15.2 Permitted Uses 130
15.2.1 Principal Uses 130
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15.2.2 Accessory Uses 130
15.3 Dimensional Regulations 131
15.4 Special Permit Granting Authority 131
15.4.1 Procedures 131-2
15.5 Relation to Subdivision Control Act 132
Table I SUMMARY OF USE REGULATIONS TBL 1
Table II SUMMARY OF DIMENSIONAL REQUIREMENTS TBL 2
Footnotes from Table II FN 1
FN 2
FN 3
FN 4
Graphics from Section 8.4.4 GN 1
7
TABLE OF REVISIONS
REVISED ZONING BYLAWS OF THE TOWN OF
NORTH ANDOVER,MASSACHUSETTS
Town Meeting
Date/Article Zoning Bylaw
Number Section Brief Title
1985/12 4.135 (4) Lake Cochichewick Amendment
1985/13 4.135(2)(a) Watershed District
1985/15 2.65 SPGA Definition Amendment
1985/20 4.11 (5) General Provisions
1985/21 2.29.1 Day Care Center
1985/23 All Districts Day Care Center
1985/24 7.4.1 Lot Width
1985/25 2.30.1 Definition of Driveway
1986/13 4.2 Established Phased Development
1986/15 10.13 Penalty of Violation
1986/16 7.1 CBA Requirements
1986/17 4.121 (a)(b) Public/Private Education
1986/18 All Districts Municipal Buildings
1986/100 4.121(6)(a,d,e) Sale ofAg.Products
1987/8 Table 2 R-1 Dist. Lot Area
1987/10 8.5 Established PRD
1987/11,28 8.3 (l) Standards for Site Plan
4.123 Established VR District
1987/12 8.4 Established Landscape
8.1(13) Standard Parking in VR
4.128 Established VC District
1987/14 Table 1 Deleted"HELISTOP"
1987/16 3.4 Established Historic District
1987/20 2.38.1 Def. Floor Area,Gross
1987/21 2.38.2 Def. Floor Area,Net
1987/22 2.27.1 Def. Family Suite
1987/23 2.34 Amend Def. Two Family Dwelling
1987/24 4.122 Two Family Dwelling in R-4 District
1987/25 4.131(3) Retail Use-Industrial
1987/26 8.1 (2) Off Street Parking
1987/27 8.1 (2) Off Street Parking Table
1987/28 8.3 Site Plan Review Criteria
1987/29 4.135 (4)(a) Watershed District
1987/83 8.6 Standards: Satellite
8
1988/2 13.0 Est. Continuing Care Retirement Center
CCRC
1988/28 14.0 Established Independent Elderly Housing
1988/29 2.29,4.122 Established Congregate Housing
1988/30 2.65 Def.Nursing/Convalescent Home
1988/35 4.135 Watershed Protection District
1988/37 8.1 Amend Off Street Parking
1988/38 8.3 Amend Site Plan Review
1988/39 8.5 Amend PRD
1989/32 2.22 Amend Auto Repair Shop
2.27 Amend Building Height
2.30.1 Amend Driveway
2.38.3 Add Floor Area Ratio
2.40 Amend Home Occupation
2.43 Amend Lot
2.52 Amend No Cut Zone
2.61.1 Add Principal Structure
1989/33 7.8 (3) Amend Exceptions
7.8 (4) Established
1989/43 4.125 Established R-6 District
Table 2 Established R-6 District
1990/32 Beg.with Amend to Conform with State
4.121.6(b)(c)
1990/33 Beg.with Place in Order
4.125
1990/34 2.39.1 Add Hazardous Material(s)
1991/1 (STM) 10.14 Add Associate Member Planning Board
1991/2(STM) 4.136 Replaced Watershed Protection District
1991/3 (STM) Table 2 Amend VC District Add Footnote 17
1991/4(STM) 8.4(6) Add to(6)VC Screening
1991/5 (STM) 8.1 Amend(13)VC Parking
1992/52 4.125.21 Add SPGA,Planning Board
4.125 Add Para. 5 -Uses Allowed by Special
Permit
1992/56 4.133.6 Add-Special Permit&SPGA
1993/33 8.5 (6)D Amend Buffer Zone
1993/34 4.132(11) Deleted-Helistop
1993/35 4.133 (11) Deleted-Helistop
1993/36 4.122(6)b Amend to Conform with State
1993/37 4.137 Amend Flood Plain District
1994/36 8.34& Add Building Elevation Table 1 &Table 2
Table 1 &Table 2
1994/37 2.65 Add Watershed Protection District
1994/38 4.136(7) Deleted Para. 2(c)and Amend(d)
1994/39 7.2.1 Add 7.2.1 Access
1994/40 8.5 Amend 1(c); Sec. 4; Sec. 6(g)
1994/1 (STM) 4.136 Amend Watershed Protection District
9
1995/38 4.136 Amend Watershed Protection District
1995/41 7.0 Amend Dimensional Requirements
1995/43 9.0 Amend Non-Conforming Uses
1995/44 6.0 Amend Sign By-law
1995/15 (STM) 4.133 (23) Add Hotels to I-2
1996/6 8.7 Established Growth Management
1996/19 2.41 AmendDef. ofHotel/Motel
1996/20 8.3 Amend Site Plan Review
1996/21 6.0 Amend Signs and Sign Light
1996/22 8.8 Established Adult Use Zone
1997/29 Table 2 Village Residential
1997/30 8.1 Off street parking
1998/24 4.2 Phased Development
1998/25 4.136(5) Watershed Protection District
1998/30 6.61) Signs&Outdoor lighting
1998/31 6.61) Signs
1998/32 10.4 Variances&Appeals
1998/36 8.9 Wireless Telecommunications
1998/37 2.65 Special Permit Granting Authority
1998/42 8.3 Site Plan Review
1999/18 4.133.6 Industrial 2 District
1999/20 2.27 Building Height
2000/17 4.136(8) Est.Watershed Waiver
2000/30 7.1.2 Amend Lot Width
2000/21 8.9(3) Amend setbacks
2001/27 8.8(2) Amend location
2001/29 8.7 Extend expiration
2001/30 8.10 Lot/Slope Requirements
2002/12 10.4 Variance and Appeals
2002/13 6.6 Temporary Signs
2002/31 8.7 Growth Management
2002/32 9.3 Non-conforming uses
2003/17 2.21.1-6 Amend Definitions
2004/38 4.2 Amend Phased Development
2004/39 8.7 Delete Growth Management
2004/40 4.122.14 Amend R4 District
2004/41 9.3 Amend Non-Conforming Uses
2004/42 4.3 Add Residential Adaptive Re-Use SP
2004/43 4.137 Amend Flood Plain District
2004/45 15 Add Planned Com. Development District
2004/46 3.1 & Add PCD district&Amend Tables 1 &2
Table 1 &Table 2
10
The Town of North Andover Zoning Bylaw,together with the Zoning Map,adopted at the Annual Town Meeting
of March 13, 1943. Approved by the Attorney General on April 13, 1943,posted May 1, 1943.
1945 - Special Town Meeting May 28, 1945 (Articles 1 and 2). Approved by the Attorney General February
13, 1946.
1946- Special Town Meeting December 23, 1946(Articles 1 and 2). Approved by the Attorney General
February 5, 1947.
1947- Annual Town Meeting(Article 46). Approved by the Attorney General March 28, 1947.
Special Town Meeting June 16, 1947(Article 1). Approved by the Attorney General November 21,
1947.
Special Town Meeting June 20, 1947(Article 1). Approved by the Attorney General June 25, 1947.
1949- Annual Town Meeting(Article 1). Approved by the Attorney General June 3, 1949.
1950- Annual Town Meeting(Article 32). Approved by the Attorney General February 9, 1951.
Special Town Meeting August 28, 1950(Article4). Approved the Attorney General January 29, 1951.
1952- Annual Town Meeting(Article 40). Approved by the Attorney General April 16, 1952.
1953 - Annual Town Meeting(Article 58). Approved by the Attorney General April 22, 1953.
The Town of North Andover Zoning Bylaw adopted at the Special Town Meeting of June 30, 1956(Article 1).
Approved by the Attorney General December 6, 1956,posted January 9, 1957.
Thereafter AMENDED:
1957- Annual Town Meeting(Articles 11, 12, 14, 15, 16, 17,20 and 22). Approved by the Attorney General
June 28, 1957,posted July 12, 1957.
Special Town Meeting, October 7, 1957(Articles 7, 8, 10, 11, 12, 13, 14,and 15). Approved by the
Attorney General on October 19, 1957,posted November 29, 1957.
1958 - Annual Town Meeting(Articles 11, 12 and 13). Approved by the Attorney General on April 28, 1958,
posted May 15, 1958.
1959- Annual Town Meeting(Articles 62, 63, 64 and 65). Approved by the Attorney General March 31,
1959,posted April 15, 1959.
Special Town Meeting,June 22, 1959(Article 5). Approved by the Attorney General July 16, 1959,
published July 21,22 and 23 1960.
11
1960- Annual Town Meeting(Articles 79, 80, 81, 82, 83 and 85). Approved by the Attorney General May 2,
1960,posted May 10, 1960.
Special Town Meeting(Articles 79, 80, 81, 82, 83,and 85). Approved by the Attorney General May 2,
1960,posted May 10,1960.
1961 - Annual Town Meeting(Article 64). Approved by the Attorney General April 10, 1961,posted April 13,
1961.
1962- Special Town Meeting,May 14, 1962(Article 7). Approved by the Attorney General July 12, 1962,
posted July 12, 1962.
1963 - Annual Town Meeting(Articles 24,25,26,28,29, 86, 87, 88, 89, 90 and 91). Approved by the
Attorney General June 6, 1963,posted June 11, 1963.
1964- Annual Town Meeting(Articles 53 and 54). Approved by the Attorney General April 9, 1964, posted
April 16,1964.
1965 - Annual Town Meeting(Articles 28A,28B,28C, 85 and 87). Approved by the Attorney General
April 30, 1965,posted May 4, 1965.
Special Town Meeting,November 8, 1965 (Article2). Approved by the Attorney Genera November 23,
1965,posted December 1, 1965.
1966- Annual Town Meeting(Article 10, 11, 12, 13, 15, 16, 17, 18,and 19). Approved by the Attorney
General April 6, 1966,posted April 11, 1966.
1967- Annual Town Meeting(Article 75 and 77). Approved by the Attorney General April 21, 1967, posted
April 28, 1967.
Special Town Meeting March 18, 1967(Article 10). Approved by the Attorney General April 21, 1967,
posted April 28, 1967.
Special Town Meeting,June 19, 1967(Article 1 and 2). Approved by the Attorney General July 11,
1967,posted July 14, 1967.
1968 - Annual Town Meeting(Article 61). Approved by the Attorney General May 20, 1968,posted May 23,
1968.
Special Town Meeting April 8, 1968, (Article 3). Approved by the Attorney General July 2, 1968,
posted July 2, 1968.
Special Town Meeting July 22, 1968 (Article 1). Approved by the Attorney General August 1, 1968,
posted August 6, 1968.
Special Town Meeting September 30, 1968 (Article 9). Approved by the Attorney General October 9,
1968,posted October 15, 1968.
12
1969- Special Town Meeting January 9, 1969(Article 4). Approved by the Attorney General January 28,
1969,posted February 4, 1969.
Annual Town Meeting March 3, 1969(Article 22 and 76). Approved by the Attorney General May 28,
1969,posted June 9, 1969.
1970- Annual Town Meeting(Article 32 and 33). Approve by the Attorney General May 12, 1970 posted
June 5, 1970.
Special Town Meeting August 24, 1970(Article 1). Approved by the Attorney General December 1,
1970,posted December 4, 1970.
1971- Annual Town Meeting(Article 68, 69 and 72). Approved by the Attorney General April 22,1971,
posted April 26, 1971.
1972- Annual Town Meeting(Articles 59, 62 and 63). Approved by the Attorney General June 9, 1972,
posted June 14, 1972.
Town of North Andover Zoning Bylaw adopted at the Special Town Meeting of June 5, 1972(Article
I IA and I IB). Approved by the Attorney General on August 2, 1972,posted August 4, 1972.
Thereafter AMENDED:
1972- Special Town Meeting,December 18, 1972(Articles 1 and 2). Approved by the Attorney General April
4, 1973,posted April 10, 1973.
1973 - Annual Town Meeting(Article 11). Approved by the Attorney General May 5, 1973.
Special Town Meeting June 25, 1973 (Article 6 and 7). Approved by the Attorney General August 29,
1973,posted September 4, 1973.
1974- Annual Town Meeting(Article 13, 14, 15, 16, 17, 18, 19,20,21 and 22). Approved by the Attorney
General May 21, 1974,posted May 28, 1974.
1975 - Annual Town Meeting(Articles 29, 30,48 and 49). Approved by the Attorney General July 7, 1975,
posted July 10, 1975.
Zoning Map amended to include I-3 District,description of which is on file with the Town Clerk.
1976- Annual Town Meeting(Articles 35, 36 and 86). Approved by the Attorney General August 3, 1976,
posted September 3, 1976.
Special Town Meeting November 23, 1976(Article 9). Approved by the Attorney General December
12, 1976,posted,December 21, 1976.
13
1978 - Annual Town Meeting(Article 68 and 70). Approved by the Attorney General August 30, 1978.
Special Town Meeting June 26, 1978 (Articles 4 and 6). Approved in accordance with M.G.L Ch.40,
Sec. 32,posted October 30, 1978.
1979- Annual Town Meeting(Articles 50, 51 and 52). Approved by the Attorney General August 23, 1979.
1980- Annual Town Meeting(Articles 93, 94 and 98)Approved by the Attorney General August 7, 1980.
1981- Annual Town Meeting(Articles 67, 68, 69, 71, 72, 74, 75, 76 and 77). Approved by the Attorney
General August 3, 1981,posted August 6, 1981.
1982-Annual Town Meeting(Article 80, 81, 82, 83, 84, 85, 88, 89 and 93). Approved by the Attorney
General July 27, 1982.
1983 - Annual Town Meeting Articles (77, 78, 79, 80, 81, 82, 83, 85, 86, 87, 88, 89, 91, 92, 93, 94, 95, 96,
97, 98, 99, 100, 101, 102, 103, 107, 109 and 110). Approved by the Attorney General May 24, 1983.
Special Town Meeting October 27, 1983 (Article 6). Approved by the Attorney General December 20,
1983.
1984- Annual Town Meeting(Article 92, 94, 96, 97, 98, 99, 100, 101, 104 and 105). Approved by the
Attorney General July 31, 1984.
1985 - Annual Town Meeting(Articles 12, 13, 14, 15, 16, 17, 18,20,21,22,23,24,25 and 26). Approved by
the Attorney General July 25, 1985.
1986- Annual Town Meeting(Articles 13, 15, 16, 17, 18, 100, 103, 104, 105 and 108). Approved by the
Attorney General July 29, 1986,posted July 30, 1986.
1987- Annual Town Meeting(Articles 8, 9, 10, 11, 14, 16,20,21,23,24,25,26,27,28,29, 83, 84, 90 and
9)Approved by the Attorney General November 27, 1987.
1988 - Annual Town Meeting(Article 27,28,29, 30, 35, 37, 38, 39 and 48). Approved by the Attorney
General July 28, 1988.
1989- Annual Town Meeting(Articles 32, 33, 38, 39,40,41 and 44. Article 43 amended). Approved by the
Attorney General July 28, 1989,posted August 1, 1989.
1990- Annual Town Meeting(Articles 32, 33, 34, 35, 36, 37 and 41). Approved by the Attorney General
August 24, 1990,posted August 28, 1990.
1991 - Special Town Meeting January 29, 1991 (Articles 1,2, 3,4 and 5). Approved by the Attorney General
March 14, 1991,posted March 15, 1991.
1992- Annual Town Meeting May 4, 1992(Articles 50, 51, 52 and 56). Approved by the Attorney General
August 5,1992,posted August 10, 1992.
14
1993 - Annual Town Meeting May 3, 1993 (Articles 33, 34, 35, 36, 37,38, 39 and 66). Approved by the
Attorney General August 27, 1993,posted August 30, 1993.
1994- Annual Town Meeting May 2, 1994(Articles22, 36, 37, 38, 39 and 40). Approved by the Attorney
General September 16, 1994,posted September 19, 1994.
Special Town Meeting October 24, 1994(Article 1). Approved by the Attorney General February21,
1995,posted February 22, 1995.
1995 - Annual Town Meeting May 1, 1995 (Articles 38,41,43 and 44). Approved by the Attorney General
September 21, 1995,posted.
Special Town Meeting November 4, 1995 (Article 15). Approved by the Attorney General December 6,
1995. Posted December 11, 1995.
1996- Annual Town Meeting May 6, 1996(Articles 6, 19,20,21,22). Approved by the Attorney General
September 27, 1996. Posted September 30, 1996.
1997- Annual Town Meeting May 13,1997(Articles 29, 30). Approved by the Attorney General August 13,
1997. Posted August 18, 1997.
1998 - Annual Town Meeting May 11, 1998 (Articles 24,25, 30, 31, 32, 36). Approved by the Attorney
General October 20, 1998. Posted October 29, 1998.
1999- Annual Town Meeting May 3, 1999(Articles 18,20)(zoning map 31, 33 and 34) Approved by the
Attorney General July 30, 1999. Posted August 2, 1999.
2000-Annual Town Meeting May 13,2000(Articles 17, 30)(Zoning map 29, 31).Approved by the Attorney
General October 12,2000. Posted October 25,2000.
2001 - Annual Town Meeting May 14, 2001 (Articles 27, 29 & 30) Approved by the Attorney General
September 18,2001
Annual Town Meeting December 3,2001 -No new changes
2002- Annual Town Meeting May 28,2002(Articles 31, 33&34)Approved by the Office of the
Attorney General September 18,2002
Annual Town Meeting December 9,2002(Article 12, 13 &32)Approved by the Office of the
Attorney General February 24,2003
2003 - Special Town Meeting November 17, 2003 (Article 17)Approved by the Office of the Attorney General
January 22,2004.
2004- Annual Town Meeting May 10, 2004 (Article 38, 39, 40, 41, 42, 43, 45 & 46) Approved by the
Attorney Generals Office on August 24,2004
15
SECTION 1 PURPOSES
The purpose of this Bylaw is the promotion of the health, safety, convenience, morals and welfare of the
inhabitants of the Town of North Andover, as provided by Chapter 40-A of the General Laws of the
Commonwealth of Massachusetts, as amended by Chapter 808, Acts of 1975, and as they may be further
amended,by regulating and restricting the use of land and buildings,thereby:
1. encouraging the most appropriate use of land;
2. preventing overcrowding of land;
3. conserving the value of land and buildings;
4. lessening congestion of traffic;
5. preventing undue concentration of population;
6. providing adequate light and air;
7. reducing the hazards from fire and other danger;
8. assisting in the economical provision of transportation, water, sewerage, schools, parks, and
other public facilities;
9. controlling the use of bodies of water,including
watercourses;
10. reducing the probability of losses resulting from floods;and
11. reserving and increasing the amenities of the Town.
16
SECTION 2 DEFINITIONS
2.1 General
For the purpose of this Bylaw, certain words or phrases herein shall be interpreted as follows, except where the
context clearly indicates the contrary: words used in the singular include the plural, words used in the present
tense include the future tense, the word "person" includes a corporation as well as an individual, the word "lot"
includes the word "plot" or "parcel",the word "shall" is always mandatory and the word"used" or"occupied" as
applied to any land or buildings shall be construed to include the words "intended,arranged or designed to be used
or occupied".
2.2 Specific Words and Phrases
For the purpose of this Bylaw,the following words and terms used herein shall have the meanings or limitations
of meaning hereby defined,explained or assigned.
2.21 Accessory Use or Structure
A use or structure subordinate to the principal use of a building on the same lot and serving a purpose
customarily incidental to the use the principal building.
2.21.1 Adult Bookstore--An establishment having as a substantial or significant portion of its stock in trade,
books, magazines, and other matter which are distinguished or characterized by their emphasis depicting,
describing, or relating to sexual conduct or sexual excitement as defined in MGL Ch. 272, Sec. 31. (1996/22)
(2003/17)
2.21.2 Adult Cabaret--A nightclub, bar, restaurant, tavern, dance hall, or similar commercial establishment
which regularly features persons or entertainers who appear in a state of nudity, or live performances which are
distinguished or characterized by nudity, sexual conduct or sexual excitement as defined in MGL Ch. 272, Sec.
31. (1996/22)(2003/17)
2.21.3 Adult Motion Picture Theater--An enclosed building or any portion thereof used for presenting material
(motion picture films, video cassettes, cable television, slides or any other such visual media)distinguished by an
emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL
Ch. 272, Sec. 31. (1996/22)(2003/17)
2.21.4 Adult Paraphernalia Store--An establishment having as a substantial or significant portion of its stock
devices, objects,tools, or toys, which are distinguished or characterized by their association with sexual activity,
including sexual conduct or sexual excitement as defined in MGL Ch. 272, Sec. 31. (1996/22)(2003/17)
2.21.5 Adult Video Store--An establishment having as a substantial or significant portion of its stock in trade--
for sale or rent--motion picture films, video cassettes, and similar audio/visual media, which are distinguished or
characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as
defined in MGL Ch. 272, Sec. 31. (1996/22)(2003/17)
2.21.6 Adult Use--Adult Bookstores, Adult Cabarets, Adult Motion Picture Theaters, Adult Paraphernalia
Stores,and Adult Video Stores as defined in this Bylaw. (1996/22)(2003/17)
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2.22 Automobile Repair Shop(1989/32)
A building or part of a building in which repairs are made to motor vehicles.
2.23 Automobile Service Station
A building or place of business where gasoline, oil and greases, batteries, tires, and automobile accessories are
supplied and dispensed directly to the motor vehicle trade,at retail and where minor repair service is rendered.
2.24 Body Shop
A building,or part thereof,used for structural repairs and refinishing of motor vehicles for remuneration.
2.25 Board Of Appeals
The Board of Appeals of the Town of North Andover as governed by the General Laws of Massachusetts.
2.26 Building
A structure having a roof supported by columns or walls for the shelter, support, or enclosure of persons,
animals,or property.
2.26.1 Building Coverage(1989/32)
The horizontal area measured within the outside of the exterior walls of the ground floor for all principal and
accessory buildings on a lot.
2.27 Building Height(1999/20)
The vertical distance as measured from the average finished grade level adjoining the building at all exterior walls
to the highest roof surface, but shall not include chimneys, spires or mechanical equipment, or penthouses used
for enclosures of mechanical equipment.
2.28 Building,Principal
A building in which is conducted the main or principal use of the lot on which said building is situated.
2.29 Car Wash
An area of land and/or a structure with machine or hand operated facilities used principally for the cleaning,
washing,polishing or waxing of motor vehicles.
2.29.1 Congregate Housing
A non-institutional residential shared living environment, which integrates shelter, and services needed by the
functionally impaired or socially isolated elder(age 55 or older)who does not require the constant supervision or
intensive health care services provided in an institution. The shared living environment must include at least two
of the following: a) shared accessible community space, b) shared kitchens, c) shared dining facilities, or d)
shared bathing facilities.
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2.29.2 Day Care Center(1985/21)
Any facility operated on a regular basis whether known as a day nursery,nursery school,kindergarten,child play
school, progressive school, child development center, or pre-school, or known under any other name, which
received children not of common parentage under seven (7) years of age, or under sixteen (16) years of age if
such children have special needs, or non-residential custody and care during part or all of the day separate from
their parents or the elderly 60 years of age or older. Day Care Center shall not include any part of a public school
system; any part of a private organized educational system, unless the services of such system are primarily
limited to kindergarten, nursery or related pre-school services; a Sunday school conducted by a religious
organization where children are cared for during short periods of time while persons responsible for such children
are attending religious services; a family day care home; an informal cooperative arrangement among neighbors
or relatives;or the occasional care of children with or without compensation thereof.
2.3 District
A district or a zone shall be any portion of the territory of the Town of North Andover within which certain
uniform regulations and requirements or various combinations thereof shall be applied under the provisions of
this Bylaw.
2.30.1 Driveway(1989/32)
A way located on a lot, which provides vehicular access to the buildings on the lot. Each driveway shall service
no, more than one lot. Subject to the granting of a Special Permit from the Planning Board, a driveway may be
shared by not more than two (2) lots. Each such shared driveway must be regulated by a recorded maintenance
agreement running in perpetuity with the land.
2.31 Dwelling
Any building or portion thereof designed or used as the residence or sleeping place of one or more persons,except
a mobile home and as otherwise provided herein.
2.32 Dwelling,Multi-Family
A building used or designed as a residence for three or more families living independently of each other and doing
their own cooking therein(same as "apartment").
2.33 Dwelling,One Family
A dwelling built single and apart from any other building and intended and designed to be occupied and used
exclusively for residential purposes by one family.
2.34 Dwelling,Two Family
A free standing building intended and designed to be occupied and used exclusively for residential purposes by
each of not more than two families(same as "duplex"). The principal building in a two
family dwelling conversion shall share a connected 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, which is entirely, or
partially a garage shall be considered as meeting the 75%requirement.
2.35 Dwelling Unit
One or more rooms, including cooking facilities, and sanitary facilities in a dwelling structure, designed as a unit
for occupancy by not more than one family for living and sleeping purposes.
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2.36 Erected
The word "erected" shall include the words "built", "constructed", "reconstructed", "altered", "enlarged", and
"moved".
2.37 Family
One or more persons occupying the same premises and living as a single housekeeping unit as distinguished from
a group occupying a boarding house,lodging house,club,fraternity or hotel.
2.37.1 Family Suite(1987/22)
A separate dwelling unit located within a single family dwelling subordinate in size to the principal unit and
separated from it in a manner, which maintains the appearance of the building as a single-family dwelling. The
size of the family suite is not to exceed 1200 square feet or not more than 25% of the gross floor area of the
principal unit, whichever is lesser. The family suite may only be occupied by brothers, sisters, maternal parents
and grandparents, in-laws and or children of the residing owners of the principal dwelling unit. In no case shall
an apartment be smaller that the minimum required by health and building codes.
2.38 Frontage
The continuous distance between lot sidelines measured along the street line.
2.38.1 Floor Area,Gross(1987/20)
Gross floor area shall be the floor area within the perimeter of the outside walls of the building without deduction
for hallways, stairs,closets,thickness of walls,columns or other features.
2.38.2 Floor Area,Net(1987/21)
Net floor area shall be actual occupied area(s)not to include hallways, stairs, closets,thickness of walls, column
or other features,which are not,occupied areas.
2.38.3 Floor Area Ratio(1989/32)
The ratio of the floor area to the lot area,as determined by dividing the gross floor area by the lot area.
2.39 Guest House
A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
The term"guest house" shall be deemed to include tourist home,but not hotel,motel or multi-family dwelling.
2.39.1 Hazardous Material(s)(1990/34)
Any Chemical or mixture of such physical, chemical, or infectious characteristics as to pose a significant, actual
or potential, hazard to water supplies, or other hazard to human health, if such substance or mixture were
discharged to land in waters of the Town, including but not limited to organic chemicals, petroleum products,
heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as Toxic or
Hazardous under M.G.L. Chapter 21C and 21E and those chemicals on the list in Committee Print Number
99-169 of the Senate Committee on Environment and Public Works,titled "Toxic Chemicals Subject to Section
313 of the Emergency Planning and Community Right-to-Know Act of 1986:
(Including any revised version of the list as may be made pursuant to subsection(d)or(e)).
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2.40 Home Occupation(1989/32)
An accessory use conducted within a dwelling by a resident who resides in the dwelling as his principal address,
which is clearly secondary to the use of the building for living purposes. Home occupations shall include,but not
limited to the following uses; personal services such as furnished by an artist or instructor, but not occupation
involved with motor vehicle repairs, beauty parlors, animal kennels, or the conduct of retail business, or the
manufacturing of goods,which impacts the residential nature of the neighborhood.
2.41 Hotel or Motel
A building intended and designed primarily for transient or overnight occupancy divided into separate units within
the same building or buildings. (1996/19)
2.41.1 Independently Elderly Housing
A multi-family residential structure each with separate access and restricted to individuals or couples at least 55
years of age or older. This definition shall not be construed to prevent mentally or physically impaired people
from living with an occupant or occupants of an independent elderly housing unit.
2.42 Loading Bay
An opening in a building not less than ten feet in width and nine feet in height including a platform for loading and
unloading goods,merchandise or other materials.
2.43 Lot(1989/32)
An area of land in single or consolidated ownership which contains definite boundaries and ascertainable by a
recorded deed in the Essex County Registry of Deeds Office.
2.44 Lot,Corner
A lot abutting upon two(2)or more streets at their intersection.
2.45 Lot Lines
The property lines bounding the lot.
2.46 Lot Line,Front
The line separating the lot from a street.
2.47 Lot Line,Rear
The lot line opposite and most distant from the front lot line.
2.48 Lot Line Side
Any lot line other than a front or rear lot line.
2.49 Lot Line,Street
A lot line separating the lot from a street or alley(usually the front lot line).
2.50 Mean High Water Mark
(Lake Cochichewick)an elevation of 113.67 on the United States Coast and Geodetic Survey datum.
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2.51 Medical Center
A building or group of buildings designed for the individual or group practice of medicine or dentistry, but not
including hospitals or nursing homes.
2.52 No Cut Zone(1989/32)
An area which is left in its natural condition, which shall not be disturbed by any means which includes but not
limited to the cutting of trees or under-story.
2.53 Non-Conforming Use
A building, structure or use legally existing and/or used at the time of adoption of this Bylaw, or any amendment
thereto,and which does not conform with the use regulations of the district in which located.
2.54 Office,Business
A primary use consisting of office activities of any type, including business and financial office activities
(including banks and financial institutions)and professional office activities.
2.55 Office,Professional
A primary use consisting of office activities by a doctor, dentist, architect, lawyer, engineer or other professional
person or persons.
2.56 Parking Area,Private
An open area for the same uses as a private parking garage.
2.57 Parking Garage,Private
A structure use for the parking of automobiles and available to employees, clients or customers whether for a fee
or free.
2.58 Parking Garage,Public
Any parking garage, other than a private parking garage, which is open to the public and used for the storage of
motor vehicles.
2.59 Personal Service Establishment
An establishment providing personal services to the public such as shoe repair,barbering,dry cleaning,etc.
2.60 Place of Worship
A church, temple, synagogue, mosque or other similar place of worship, including parish house, rectory, or
convent.
2.61 Planning Board
The Planning Board of the Town of North Andover as governed by the General Laws of Massachusetts.
2.61.1 Principal Structure(1989/32)
The structure on a lot of record,which contains the primary use of the lot. A principal use shall not be contained
within an accessory structure as defined in the Bylaw.
2.62 Public Building or Use
A building or use owned or operated by a local,county, state or federal government agency.
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2.63 Rooming House
Any building or portion thereof containing more than two and less than ten rooms without kitchen facilities that
are used, rented or hired out to be occupied for sleeping purposes for compensation,whether the compensation be
paid directly or indirectly.
2.64 Special Permit
The words Special Permit where used in this Bylaw shall mean a permit granted under the guidelines of Section 9
of Chapter 40-A of the General Law.
2.65 Special Permit Granting Authority
The Planning Board shall be the granting authority of all Special Permits to Cluster Development, Planned
Development District, (1985/15) driveways, nursing and convalescent homes, Watershed Protection District
(1994/37), Wireless Service Facilities (1998/37) and large estate condominium conversions. The Board of
Selectmen shall be the granting authority of all Special Permits pertaining to non-accessory signs as specified in
Section 6.52 of this Bylaw. The Board of Appeals shall be the granting authority of all other Special Permits
allowed in this Zoning Bylaw.
2.66 Special Permit Unit
A use of a building or lot or an action upon premises which may be permitted under this Bylaw only upon
application to the appropriate Special Permit Granting Authority for a Special Permit and subject to the approval
of such Permit Granting
Authority and the conditions stipulated.
2.67 Street
A public way or a private way open to travel by the general public, or a way shown on a plan of a subdivision
theretofore duly approved by the Planning Board.
2.68 Structure
Means a combination of materials to form a construction that is safe and stable, including, among others,
buildings, stadiums, tents, reviewing stands, platforms, staging, observation towers, radio towers, water tanks,
towers, private and public swimming pools, trestles, piers and wharves, sheds, shelters, fences and walls, and
display signs;the term structure shall be construed as if followed by the words "or part thereof'.
2.69 Town House
An attached house in a row of three or more such houses capable of being sold as an independent dwelling with
its own lot,as provided by this Bylaw.
2.70 Tributary
Any portion of any brook, stream,bog, swamp,or pond,which flows into Lake Cochichewick.
2.71 Yard(Setback)
An open space,which lies between the principal building or group of buildings and a lot line.
2.72 Yard,Front(Setback)
An open space extending across the entire width of a lot between any building thereon and the street lot line of the
lot on which such building stands.
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2.73 Yard,Rear(Setback)
An open space extending across the entire width of a lot between the rear of any building thereon and the rear lot
line of the lot on which such building stands.
2.74 Yard,Side(Setback)
An open space between the side line of a lot and the adjacent side of any building thereon, such open space being
understood to cover the entire extent between the front yard and the rear yard of such a lot.
2.75 (1985/25)See 2.30.1
2.76 Planned Development District
1. Planned Development District -A Planned Development District shall mean development of an area of
land as a single entity,which lies in an Industrial-S (I-S)District, in which a mixture of residential, open
space, commercial, and/or industrial uses, and a variety of building types and designs are determined to
be sufficiently advantageous to render it appropriate to grant a Special Permit to depart from the normal
requirements of the district in which the PDD is to be located, to the extent authorized by this Zoning
Bylaw.
2. Usable Open Space-The part or parts of land or structure within the PDD which are reserved for active
or passive recreation use. This space shall exclude parking areas, driveways, and walkways and open
areas in commercial areas such as cafes and shall be open and unobstructed to the sky. Trees,plantings,
arbors, fences, sculpture, fountains, swimming pools, open-air recreational facilities, laundry apparatus
and similar objects shall not be considered obstructions.
2.77 Public Parking Area
A parking area owned and maintained by the Town of North Andover.
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SECTION 3 ZONING DISTRICTS AND BOUNDARIES
3.1 Establishment of Districts
The Town of North Andover is hereby divided into zoning districts
designated as follows:
Residence 1 District (R-1)
Residence 2 District (R-2)
Residence 3 District (R-3)
Residence 4 District (R-4)
Village Residential District (VR)
Residence 5 District (R-5)
Residence 6 District (R-6)
Business 1 District (B-1)
Business 2 District (B-2)
Business 3 District (B-3)
Business 4 District (B-4)
Village Commercial District (VC)
General Business District (G-B)
Industrial 1 District (I-1)
Industrial 2 District (I-2)
Industrial 3 District (I-3)
Industrial S District (I-S)
Flood Hazard District
Watershed Protection District
Planned Commercial Development District (PCD)
3.2 Zoning Map
The zoning districts established by this Bylaw are bounded as shown on a map dated May 12, 1972, as the same
may be adopted by the Town, and as it may hereafter be amended. Said map accompanies and is hereby made a
part of this Bylaw. Any land area not designated upon said map as being within another zoning district shall be
within the Residence-2 District. The Flood Plain District is defined as all areas so designated on maps entitled
"Flood Insurance Rate Maps" (FIRM)and Flood Boundary and Floodway Map dated June 2, 1993 and as it may
hereafter be amended,on file with the Town Clerk,incorporated by reference herein.
3.3 District Boundaries
Where uncertainty exists as to the boundaries of any of the aforesaid districts as shown on the Zoning Map,the
Building Inspector shall determine the location of such boundaries. In reaching any such determination, the
Building Inspector may properly rely upon the accuracy of the land area descriptions appearing in the Zoning
Bylaw adopted by the Town in 1956,and as thereafter amended,insofar as any of them may be pertinent thereto.
3.4 Historic Districts(1987/16)
Historic Districts established pursuant to the provisions of M.G.L. Chapter 40C, as may be from time to time
amended, shall be indicated on the Zoning Map by appropriate symbol.
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SECTION 4 BUILDINGS AND USES PERMITTED
4.1 District Use Regulations
4.1.1 General Provisions
1. In the zoning districts above specified,the following designated buildings and alterations and extensions
thereof and buildings accessory thereto and the following designated uses of land, buildings, or part
thereof and uses accessory thereto are permitted. All other buildings and uses are hereby expressly
prohibited except uses which are similar in character to the permitted uses shall be treated as requiring a
Special Permit(1985/26)
2. When a lot in one ownership is situated in part in the Town of North Andover and in part in an adjacent
town or city,the provisions, regulations and restrictions of this Bylaw shall be applied to that portion of
such lot as lies in the Town of North Andover in the same manner as if the entire lot were situated
therein.
3. When a zoning district boundary divides a lot of record on June 5, 1972 in one ownership, all the zoning
regulations set forth in this Zoning Bylaw applying to the greater part by area of such lot so divided may,
by Special Permit,be deemed to apply and govern at and beyond such zoning district boundary,but only
to an extent not more than one hundred(100)linear feet in depth(at a right angle to such boundary)into
the lesser part by area of such lot so divided.
4. Accessory uses, as defined herein, shall be on the same lot with the building of the owner or occupant,
and shall be such as not to alter the character of the premises on which they are located nor impair the
neighborhood. Where manufacturing of any kind is allowed as an accessory use, it shall be restricted to
such light manufacturing as is incidental to a permitted use and where the product is customarily sold on
the premises by the producer to the customer.
5. No private or public (1985/20) way giving access to a building or use or not permitted in a residential
district shall be laid out or constructed so as to pass through a residential district.
4.12 Permitted Uses
4.121 Residence 1 District
Residence 2 District
Residence 3 District
1. One family dwelling,but not to exceed one dwelling on any one lot.
2. Place of worship.
3. Rooming house, renting rooms for dwelling purposes or furnishing table board to not more than four(4)
persons not members of the family resident in a dwelling so used, provided there be no display or
advertising on such dwelling or its lot other than a name place 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.
4. For 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 a total of three (3) people may be employed in the home occupation, one of
whom shall be the 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 buildings, or display which 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
26
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;
f. The building or premises occupied shall not be rendered objectionable or detrimental to the
residential character of the neighborhood due to the exterior appearance, emission of odor, gas,
smoke, dust,noise, disturbance, or in any other way become objectionable or detrimental to any
residential use within the neighborhood;
g. Any such building shall include no features of design not customary in buildings for residential
use.
5. Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall
advertise only the rental,lease,or sale of the premises upon which they are placed.
6. a. Agriculture,horticulture,floriculture,viticulture or silvaculture. (1986/100).
b. On any lot of at least three(3)acres,the keeping of a total of not more than three(3)of any kind
or assortment of animals or birds in addition to the household pets of a family living on such lot,
and for each additional acre of lot size to five (5), the keeping of one additional animal or bird
but not the keeping of any animals,birds or pets of persons not resident on such lot. (1993/36)
C. On any lot of at least five(5)acres,the keeping of any number of animals or birds regardless of
ownership and the operation of equestrian riding academies, stables, stud farms, and poultry
batteries.
d. The sale of products raised as a result of the above uses on the subject land. (1986/100).
e. The sale of products of agriculture, horticulture, floriculture, viticulture or silvaculture as well
as accessory or customary items, by any person who is primarily engaged in any of the above
activities. The operation must be on at least ten(10)contiguous acres used primarily for any of
these activities. (1986/100).
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. Public building and public service corporations(Special Permit required),but not including public works
garages.
11. Golf Course.
12. Swimming and/or tennis clubs shall be permitted with a Special Permit.
13. Cemetery.
14. Nursing and convalescent home-see dimensional requirements of Table 2(Special Permit required).
15. Municipal recreational areas.
16. Any accessory use customarily incident to any of the above permitted uses,provided that such accessory
use shall not be injurious,noxious,or offensive to the neighborhood.
17. Family Suite - a separate dwelling unit within or attached to a dwelling for a member of a household is
allowable by Special Permit provided:
a. The dwelling unit is not occupied by anyone except brothers, sisters, maternal and paternal
parents and grandparents,or children of the residing owners of the dwelling unit;
b. That the premises are inspected annually by the Building Inspector for conformance to this
section of the Bylaw;
C. The Special Permit shall be recorded at the North Essex Registry of Deeds.
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18. 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.
19. Day Care Center by Special Permit. (1985/23)
20. Independent Elderly Housing by Special Permit in Residence District 3 only.
4.122 Residence 4 District
1. One residential building per lot.
2. Place of Worship.
3. Renting rooms for dwelling purposes or furnishing table board to not more than four (4) persons not
members of the family resident in a dwelling so used,provided there be no display or 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.
4. 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 a total of three (3) people may be employed in the home occupation, one of
whom shall be the 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, which 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;
f. The building or premises occupied shall not be rendered objectionable or detrimental to the
residential character of the neighborhood due to the exterior appearance, emission of odor, gas,
smoke, dust,noise, disturbance, or in any other way become objectionable or detrimental to any
residential use within the neighborhood;
g. Any such building shall include no feature of design not customary in buildings for residential
use.
5. Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall
advertise only the rental,lease,or dale of the premises upon which they are placed.
6. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and
greenhouses.
b. On any lot of at least three(3)acres,the keeping of a total of not more than three(3)of any kind
or assortment of animals or birds in addition to the household pets of a family living on such lot,
and for each additional acre of lot size to five (5) acres,the keeping of one additional animal or
bird;but not the keeping of any animals,birds or pets of persons not resident on such lot.
C. On any lot of at least five(5)acres the keeping of any number of animals or birds regardless of
ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms,
and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
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.
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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 a Special Permit.
13. Cemetery.
14. 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.
C. 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:
1. If a conversion involves increasing the size of an existing structure,the
expansion area shall not exceed 50%of the original building's gross floor area
up to a maximum of 1500 s.f. The size of the second dwelling unit can never
exceed 1500 s.f.
2. There must be two parking spaces for each dwelling unit.
3. No parking/driveway shall be permitted within 10 feet of any lot line.
4. No garage or carport shall face the street unless it is located at least 10 feet
behind the front facade of the principal structure and in accordance with the
dimensional setbacks outlined in Table 2 of this Bylaw.
5. The converted structure shall meet all of the dimensional requirements of the R-
4 District identified in Table 2 of this Bylaw.
6. Stairways leading to the second or any higher floor shall be enclosed.
7. The principal building in a conversion to a two-family dwelling shall share a
connected 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.
8. i.) The conversion of a one-family dwelling to a two-family dwelling must
not result in any portion of the post-conversion roofline height exceeding the
pre-conversion roofline height by more than five (5) feet.
ii.) The conversion of a one-family dwelling to a two-family dwelling must
not significantly increase or decrease the pitch of any additional post-
conversion roof area.
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d. 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.c., and
4.122.14.1.
14.1 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.b., 14.c or 14.d upon finding
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 Health Codes,Building Codes,Zoning Laws and Zoning
Bylaws. Proof of ownership must be supplied with the application.
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14.2 Definitions
14.2.1 Addition: The enlargement,alteration,extension or change to an existing dwelling unit that does not
result in the creation of an additional dwelling unit.
14.2.2 Conversion: The enlargement,alteration,extension or change to an existing dwelling unit that results in
the creation of an additional dwelling unit attached to the existing dwelling unit.
15. Municipal recreational areas.
16. Guest or rooming houses.
17. Nursing and convalescent homes-see dimensional requirements of Table 2(Special Permit required).
18. Any accessory use customarily incident to any of the above permitted uses,provided that such accessory
us shall be not injurious,noxious,or offensive to the neighborhood.
19. 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.
20. Day Care Center by Special Permit. (1985/23)
21. Congregate Housing for Elders-Special Permit
a. In the R-4 zone the Planning Board may grant a Special Permit for congregate housing
consistent with Special Permit criteria and procedures set forth in Section 10.3 of this Bylaw.
b. The maximum allowable FAR for congregate housing shall be 0.30 in the R-4 District (seven
(7)units).
C. In no instance shall any new or pre-existing building used for congregate elderly housing have
more than fourteen(14)dwelling units.
d. All dimensional criteria established in Section 7, Table 2 Summary of Dimensional Regulations
shall apply to all structures used for congregate housing purposes.
4.123 Village Residential District(1987/11)
1. Single family residential structures.
2. Two family residential structures.
3. Multi-family residential structures,not exceeding five(5)dwelling units per structure.
4. Place of worship.
5. Renting rooms for dwelling purposes or furnishing table board to not more than four (4) persons not
members of the family resident in a dwelling so sued,provided there be no display or 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 a total of three (3) people may be employed in the home occupation, one of
whom shall be the 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 which 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.
f. The building or premises occupied shall not be rendered objectionable or detrimental to the
residential character of the neighborhood due to the exterior appearance, emissions of odor,gas,
smoke, dust, noise, disturbances, or on any way become objectionable or detrimental to any
residential use within the neighborhood.
31
g. Any such building shall include no feature of design not customary in building for residential
use.
7. Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall
advertise only the rental,lease,or sale of the premises upon which they are placed.
8. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and
greenhouses.
b. On any lot of at least three(3)acres,the keeping of a total of not more than three(3)of any kind
or assortment of animals or birds in addition to the household pets of a family living on such lot,
and for each additional acre of lot size to five (5) acres,the keeping of one additional animal or
birds;but not the keeping of any animals,birds or pets of persons not resident of such lot.
C. On any lot of at least five(5)acres the keeping of any number of animals or birds regardless of
ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms,
and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
9. 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.
10. Museums.
11. Educational facilities.
12. Municipal building and public service corporation use(Special Permit required).
13. Golf course.
14. Swimming and/or tennis clubs shall be permitted with a Special Permit.
15. Cemetery.
16. One or two-family dwellings, including the right to convert an existing dwelling to accommodate not
more than five (5) family units by Special Permit from the Zoning Board of Appeals after a public
hearing with due notice given,provided:
a. No major exterior structural changes shall be made. The right to convert shall apply to any
dwelling under the ownership of one single person, partnership, or corporation to be converted
for use as dwellings of not more than five (5) family units, and meeting all requirements of the
State and Town Statues and Bylaws, including Health Codes, Safety Codes, Building Codes,
Zoning Laws and Zoning Bylaws.
b. Stairways leading to the second or any higher floor shall be enclosed.
17. Municipal recreational acres.
18. Guest or rooming houses.
19. Nursing and convalescent homes-see dimensional requirements of Table 2(Special Permit required).
20. Any accessory building 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.
21. Day Care Center by Special Permit(1985/23)
4.124 Residence 5 District
1. One-family dwelling.
2. Place of worship.
3. Renting rooms for dwelling purposes or furnishing table board to not more than four (4) persons not
members of the family resident in a dwelling so used,provided there be no display or advertising on such
32
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.
4. 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 a total of three (3) people may be employed in the home occupation, one of
whom shall be the 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 buildings, or display which 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;
f. The building or premises occupied shall not be rendered objectionable or detrimental to the
residential character of the neighborhood due to the exterior appearance, emission of odor, gas,
smoke, dust,noise, disturbance, or in any other way become objectionable or detrimental to any
residential use within the neighborhood;
g. Any such building shall include no feature of design not customary in buildings for residential
use.
5. Real Estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall
advertise only the rental,lease or sale of the premises upon which they are placed.
6. a. Farming of field crops and row crops,truck gardens,orchards,plant nurseries and greenhouses.
b. On any lot of at least three(3)acres,the keeping of a total of not more than three(3)of any kind
or assortment of animals or birds in addition to the household pets of a family living on such lot,
and for each additional acre of lot size to five (5) acres,the keeping of one additional animal or
birds;but not the keeping of any animals,birds,or pets of persons not resident on such lot.
C. On any lot of at least five(5)acres,the keeping of any number of animals or birds regardless of
ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms,
and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
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. Public building 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 homes-see dimensional requirements of Table 2(Special Permit required).
17. Multi-family dwellings.
33
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 of 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 structures.
2. Two family residential structures.
3. Multi family residential structures,not exceeding 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 no 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 which 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.
f. The building or premises occupied shall not be rendered objectionable or detrimental to the
residential character of the neighborhood due to the exterior appearance, emissions of odor,gas,
smoke, dust, noise, disturbances, or in any way become objectionable or detrimental to any
residential use within the neighborhood.
g. Any such building shall include no feature of design not customary in buildings for residential
use.
7. Real estate signs not to exceed twenty four (24) inches by thirty six (36) inches in size which shall
advertise only the rental,lease,or sale of the premises upon which they are placed.
8. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and
greenhouses.
b. On any lot of at least three(3)acres,the keeping of a total of not more than three(3)of any kind
or assortment of animals or birds in addition to the household pets of a family living on such lot,
and for each additional acre of lot size to five (5) acres,the keeping of one additional animal or
birds;but not the keeping of any animals or birds or pets of persons not a resident of such lot.
34
C. On any lot of at least five(5)acres the keeping of any number of animals or birds regardless of
ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms,
and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
9. 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 pools location.
Pools shall have a minimum of a ten (10) foot set back from rear and side lot lines and be located no
nearer the street than the building line of the dwelling,except by Special Permit.
10. Museums.
11. Educational facilities.
12. Municipal building and public service corporation use(Special permit required).
13. Golf course.
14. Swimming and/or tennis clubs shall be permitted with Special Permit.
15. Cemetery.
16. One or two family dwellings, including the right to convert an existing dwelling to accommodate not
more than seven family units by Special Permit from the Zoning Board of Appeals after a public hearing
with due notice given,provided:
a. No major exterior structural changes shall be made. The right to convert shall apply to any
dwelling under the ownership of one single person, partnership, or corporation to be converted
for use as dwelling of not more than seven(7) family units, and meeting all requirements of the
State and Town Statues and Bylaws, including Health Codes, Safety Codes, Building Codes,
Zoning Laws and Zoning Bylaws.
b. Stairways leading to the second or any higher floor shall be enclosed.
17. Municipal recreation areas.
18. Guest or rooming houses.
19. Nursing and convalescent homes-see dimensional requirements of Table 2(Special Permit required).
20. Any accessory building larger than sixty-four (64) square feet shall have a minimum five (5) foot
setback from the side and rear lot lines and shall be located no nearer to the street than the building line
of the dwelling.
21. Day Care Center by Special Permit.
The following uses shall to be allowed only be Special Permit,the permit granting authority shall be the Planning
Board.
1. Retail stores, salerooms, 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, officers and municipal, civic or public service buildings, such as post offices, telephone
exchanges,town officers, school library,local 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 uses,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)
35
Requirements Dimensions
Lot area min. Sq.Ft. 5,000
Height Max. (ft.) 35
Street Frontage Min. (ft.) 75(1)
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/acre(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 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 a 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 to 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.
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. Non-profit school.
7. Public building or use and public service corporation.
8. Art Gallery.
9. Residential uses including one and two family dwellings. Apartments shall be allowed where such use is
not more than fifty(50%)percent of the total floor space in the building.
10. a. Farming of field crops and row crops,truck gardens,orchards,plant nurseries and greenhouses.
b. On any lot of at least three(3)acres,the keeping of a total of not more than three(3)of any kind
or assortment of animals or birds in addition to the household pets of a family living on such lot,
and for each additional acre of lot size to five (5) acres,the keeping of one additional animal or
bird;but not the keeping of any animals,birds or pets of persons not resident on such lot.
C. On any lot of at least five(5)acres,the keeping of any number of animals or birds regardless of
ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms
and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
11. Swimming and/or tennis clubs shall be permitted with a Special Permit.
12. Parking, indoor storage and other accessory uses customarily associated with the above uses, provided
that such accessory use shall not be injurious,noxious or offensive to the neighborhood.
13. Day Care Center by Special Permit(1985/23).
36
4.127 Business 2 District
1. Retail establishments.
2. Personal Service establishments.
3. Professional offices,banks,real estate offices and insurance offices.
4. Business and other offices.
5. Public building or use and public service corporation.
6. Art Gallery.
7. Swimming and/or tennis clubs shall be permitted with a Special Permit.
8. Place of worship.
9. Eating and drinking establishments.
10. Non-profit school or private school for profit or museum.
11. Indoor place of amusement or assembly.
12. Automobile service station (limited to one in each 2,000 linear feet of street or highway as measured
along centerline).
13. Medical center,clinic or medical laboratory.
14. Funeral Parlor.
15. Multi-family dwelling and town houses(with Special Permit).
16. Public parking garages.
17. Taxi depot.
18. Printing and reproduction.
19. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and
greenhouses.
b. On any lot of at least three(3)acres,the keeping of a total of not more than three(3)of any kind
or assortment of animals or birds in addition to the household pets of a family living on such lot,
and for each additional acre of lot size to five (5) acres,the keeping of one additional animal or
bird,but not the keeping of any animals,birds,or pets of persons not resident on such lot.
C. On any lot of at least five(5)acres,the keeping of any number of animals or birds regardless of
ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms,
and poultry batteries.
20. Residential use where such use is not more than fifty percent (50%) of the total floor space in the
structure.
21. Parking, indoor storage and other accessory uses associated with the above uses, provided that such
accessory use shall not be noxious,injurious,or offensive to the neighborhood.
22. Day Care Center by Special permit(1985/23).
4.128 Business 3 District
1. Retail establishments.
2. Personal service establishments.
3. Professional offices,banks,real estate offices and insurance companies.
4. Business and other offices.
5. Public building or use and public service corporation.
6. Art Gallery.
7. Swimming and/or tennis clubs shall be permitted with a Special Permit.
8. Place of worship.
9. Eating and drinking establishments.
10. Non-profit school or private school for profit or museum.
11. Indoor place of amusement or assembly.
37
12. Automobile service station (limited to one in each 2,000 linear feet of street or highway as measured
along the centerline).
13. Medical center,clinic or medical laboratory.
14. Funeral parlor.
15. Public parking garage.
16. Taxi Depot.
17. Printing and reproduction.
18. Research and development facilities.
19. New car sales but not to include outdoor car sales lots accommodating more than ten(10)used cars.
20. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and
greenhouses.
b. On any lot of at least three(3)acres,the keeping of a total of not more than three(3)of any kind
or assortment of animals or birds in addition to the household pets of a family living on such lot,
and for each additional acre of lot size to five(5)acres,the keeping of one(1)additional animal
or bird;but not the keeping of any animals,birds,or pets of persons not resident on such lot.
C. On any lot of at least five(5)acres,the keeping of any number of animals or birds regardless of
ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms,
and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
21. 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.
22. Day care Center by Special Permit(1985/23).
4.129 Business 4 District
1. Research and development facilities.
2. Business,professional and other offices.
3. Accessory retail, personal service and eating and drinking use shall be permitted in an amount not to
exceed ten percent(10%)of total gross floor area of the principal uses.
4. Place of worship.
5. Non-profit school or private school for profit or museum.
6. Public building or use and public service corporations.
7. Hotel or motel (limited to one in each 2,000 linear feet of street or highway as measured along
centerline).
8. Medical center,clinic or medical laboratory.
9. Nursing and convalescent homes. See dimensional requirements of Table 2.
10. Art Gallery.
11. Swimming and/or tennis clubs shall be permitted with a Special Permit.
12. Printing and reproduction.
13. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and green
houses.
b. On any lot of at least three(3)acres,the keeping of a total of not more than three(3)of any kind
or assortment of animals or birds in addition to the household pets of a family living on such lot,
and for each additional acre of lot size to five(5)acres,the keeping of one additional animal, or
bird;but not the keeping of any animals,birds,or pets of persons not resident on such lot.
C. On any lot of at least five(5)acres,the keeping of any number of animals or birds regardless of
ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms,
and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
38
14. Parking, indoor storage and other accessory uses associated with the above uses,provided that such use
shall not be injurious,noxious or offensive to the neighborhood.
15. Day Care Center by Special Permit(1985/23)
4.130 Village Commercial District(1987/12)
1. Retail stores and wholesale stores, salesrooms, funeral parlors, showrooms or place for any professional,
artistic or mercantile activity, not involving automotive sales or manufacturing; also retail bakeries or
retail confectioneries.
2. Banks, offices and municipal, civic or public service buildings, such as post office,telephone exchanges,
town offices, school,library,museum,place of worship,local passenger station.
3. Hall,club,theater,or other place of amusement of assembly.
4. Restaurant,dining room or lunch room.
5. Any accessory use customarily incident to any of the above permitted uses,provided that such accessory
use shall not be injurious,noxious,or offensive to the neighborhood.
6. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and
greenhouses.
b. On any lot of at least three(3)acres the keeping of a total of not more than three(3)of any kind
or assortment of animals or birds in addition to the household pet of a family living on such lot,
and for each additional acre of lot size to five (5) acres,the keeping of one additional animal or
bird;but not the keeping of animals,birds or pet of persons not resident of such lot.
C. on any lot of at least five (5)acres,the keeping of any animals or birds regardless of ownership
and the operation of equestrian riding academies, stud farms,dairy farms,and poultry batteries.
d. The sale of products of agriculture, horticulture, floriculture, viticulture or silvaculture as well
as accessory or customary items by the person who is primarily engaged in any of the above
activities. The operation must be at least ten (10) contiguous acres used primarily for any of
these activities.
7. Day Care Center by Special Permit(1985/23).
4.131 General Business District
1. Retail stores and wholesale stores, salesrooms, funeral parlors, showrooms or places for any
professional, artistic or mercantile activity, not involving manufacturing; also retail bakeries or retail
confectioneries.
2. Banks, offices, and municipal, civic, or public service buildings, such as post office,telephone exchange,
town offices, school,library,museum,place of worship,local passenger station.
3. Hall,club,theater,or other place of amusement or assembly.
4. Automobile service and filling stations, automobile storage and repair garages, including automobile
body repairs and painting, and automobile sale agencies for new and used cars, provided there be not
displayed or stored outdoors on such premises more than twenty-five(25)automobiles or other vehicles.
5. Restaurant,dining room or lunch room.
6. Residential use where such use is not more than fifty percent (50%) of the total floor space in the
structure.
7. Any accessory use customarily incident to any of the above permitted uses,provided that such accessory
use shall not be injurious,noxious,or offensive to the neighborhood.
8. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and
greenhouses.
b. On any lot of at least three(3)acres,the keeping of a total of not more than three(3)of any kind
or assortment of animals or birds in addition to the household pets of a family living on such lot,
39
and for each additional acre of lot size to five(5)acres,the keeping of one(1)additional animal
or bird;but not the keeping of any animals,birds or pets of persons not resident on such lot.
C. On any lot of at least five(5)acres,the keeping of any number of animals or birds regardless of
ownership and the operation of equestrian riding academies, stud farms,dairy farms and poultry
batteries.
d. The sale of products raised as a result of the above uses on the subject land.
9. Day Care Center by Special Permit(1985/23).
4.132 Industrial 1 District
1. Research and development facilities.
2. Business,professional and other offices.
3. Retail and food uses shall be permitted if they are accessory to the principal use and are primarily
intended to service the principal use. No more than ten percent (10%) of the gross floor area of the
principal use may be devoted to accessory use. Where there is more than one principal use each use may
only have ten percent(10%) of gross floor area (GFA) devoted to any accessory use. (Refer to Section
2.2 1,Definition of Accessory Use Structure). (1987/25)
4. Place of worship.
5. Non-profit school or private school for profit.
6. Public building or use and public service corporations.
7. Medical center,clinic,or medical laboratory.
8. Art gallery or museum.
9. Swimming and/or tennis clubs and/or indoor ice skating facilities shall be permitted with a Special
Permit.
10. Printing and reproduction.
11. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing, or
treatment of articles or merchandise provided such uses are conducted solely within a building and
further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding
areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse
environmental effect.
12. a. Farming of field crops and row crops,truck gardens,orchards,plant nurseries and greenhouses.
b. On any lot of at least three(3)acres,the keeping of a total of not more than three(3)of any kind
or assortment of animals or birds in addition to the household pets of a family living on such lot,
and for each additional acre of lot size to five(5)acres,the keeping of one(1)additional animal
or bird;but not the keeping of any animals,birds,or pets of persons not resident on such lot.
C. On any lot of at least five(5)acres,the keeping of any number of animals or birds regardless of
ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms,
and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
13. Warehousing and wholesaling shall be permitted only as a secondary use.
14. Golf course.
15. Parking, indoor storage and other accessory uses customarily associated with the above uses, provided
that such accessory use shall not be injurious,noxious or offensive to the neighborhood.
16. Day Care Center by Special Permit(1985/23).
40
4.133 Industrial 2 District
1. Research and development facilities.
2. Business,professional and other offices.
3. Retail and food uses shall be permitted if they are accessory to the principal use and are primarily
intended to service the principal use. No more than ten percent(10%) of the gross floor area(GFA) of
the principal use may be devoted to accessory use. Where there is more than one principal use each use
may only have ten percent (10%) of gross floor area (GFA) devoted to any accessory use. (Refer to
Section 2.2 1,Definition of Accessory Use Structure)(1987/25)
4. Place of worship.
5. Non-profit school or private school for profit.
6. Public service corporation and energy or resource recovery facility,provided that said resource recovery
facility has first obtained a valid site assignment from the Board of Health pursuant to Section 150A of
Chapter 111 of the General Laws. Any dumping of ash or other hazardous material generated by such
facility shall be subject to a Special Permit Granting Authority to be the Planning Board. (1992/56),
1999/18)
7. Medical center,clinic,or medical laboratory.
8. Art gallery.
9. Swimming and/or tennis clubs shall be permitted with a Special Permit.
10. Printing and reproduction.
11. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing, or
treatment of articles or merchandise provided such uses are conducted solely within a building and
further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding
areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light, or other adverse
environmental effect.
12. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and
greenhouses.
b. On any lot of at least three(3)acres,the keeping of a total of not more than three(3)of any kind
or assortment of animals or birds in addition to the household pets of a family living on such lot,
and for each additional acre of lot size to five(5)acres,the keeping of one(1)additional animal
or bird;but not the keeping of any animals,birds,or pets of persons not resident on such lot.
C. On any lot of at least five(5)acres,the keeping of any number of animals or birds regardless of
ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms,
and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
13. Warehousing and wholesaling.
14. Golf course.
15. Lumber or other building materials storage or sales, fuel storage or contractor's yard, provided all
outdoor uses are enclosed by a fence of five(5)feet or more in height.
16. Bus garage.
17. Automobile service station (limited to one in each 2000 linear feet of street or highway as measured
along centerline).
18. Car wash.
19. Automobile or other motor vehicle repair,provided all activities are within an enclosed building.
20. Veterinary hospitals and kennels,provided all activities are with an enclosed building.
21. Parking, indoor storage and other accessory uses customarily associated with the above uses, provided
that such accessory use shall not be injurious,noxious,or offensive to the neighborhood.
22. Day Care Center by Special Permit(1985/23).
41
23. Hotels and motels limited to one in each 2,000 linear feet of street or highway as measured along the
center line.
4.134 Industrial 3 District
1. Public buildings.
2. Public garages and accessory buildings.
3. Public service corporations.
4. Public sanitary disposal site.
5. Public storage of equipment.
6. All uses permitted in the Industrial 1 District.
7. Day Care Center by Special Permit(1985/23).
4.135 Industrial "S" District
1. Research and development facilities.
2. Business,professional and other offices.
3. Place of worship.
4. Non-profit school or private school for profit.
5. Public building or use and public service corporation.
6. Printing and reproduction.
7. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing, or
treatment of articles or merchandise, other commercial non-retail activity, provided such uses are
conducted solely within a building and further provided that such uses are not offensive, noxious,
detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke,fumes,odor,noise,
vibration,light or other adverse environmental effect.
8. Premises of a bank, post office, telephone exchange or telephone business office, local bus passenger
station, or business office buildings. By Special Permit, an automobile service and filling station, a
diner,a restaurant,a retail food store,but no other retail stores of any kind.
9. Warehousing and wholesaling.
10. Lumber or other building materials storage or sales, fuel storage, or contractor's yard, provided all
outdoor uses are enclosed by a fence of five(5)feet or more in height.
11. Bus garage.
12. Any accessory use customarily incident to any of the above permitted uses, provided that such use shall
not be injurious,noxious,or offensive to the neighborhood.
13. a. Farming of field crops and row crops,truck gardens,orchard,plant nurseries,and greenhouses.
b. On any lot of at least three(3)acres,the keeping of a total of not more than three(3)of any kind
or assortment of animals or birds in addition to the household pets of a family living on such lot,
and for each additional acre of lot size to five(5)acres,the keeping of one(1)additional animal
or bird;but not the keeping of any animals or birds or pets of persons not resident on such lot.
C. On any lot of at least five(5)acres,the keeping of any number of animals or birds regardless of
ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms,
and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
14. Day Care Center by Special Permit(1985/23)
42
4.136 Watershed Protection District
1. Purpose
a. The Watershed Protection District is herein established as an overlay district and shall be
superimposed on the other districts established by this Zoning Bylaw. The requirements
enumerated hereafter for this Watershed Protection District shall be in addition to,rather than in
place of,the requirements of such other districts.
b. The Watershed Protection District surrounds Lake Cochichewick, the Town's sole source of
public drinking water supply. Regulations within the District are intended to preserve the purity
of the ground water, the lake, and its tributaries; to maintain the ground water table; and to
maintain the filtration and purification functions of the land; while conserving the natural
environment;and protecting the public health, safety and welfare.
C. The Lake Cochichewick Watershed Plan(August 1987),prepared by I.E.P., Inc., for the Town
of North Andover, is a comprehensive study of the lake and its watershed. The Watershed
Protection District is a portion of the I.E.P. study's recommended management plan. Copies of
the I.E.P. report are available in the Planning Board Office.
d. The Special Permit Granting Authority(SPGA)under this Bylaw shall be the Planning Board.
2. Boundaries and Zones
a. The boundaries of the Watershed Protection District are shown on the Zoning Map as set forth
on a plan entitled "Subdrainage Areas", Lake Cochichewick Watershed Plan (August 1987),
Attachment 1, dated August 1985, prepared by I.E.P., Inc. for the Town of North Andover.
This plan is hereby made a part of this Bylaw and is on file in the Office of the Town Clerk.
b. The Watershed Protection District shall be divided into four zones. The uses and building
requirements for each zone will vary according to its proximity to the Lake and wetland
resource areas. The Zones are as follows:
i. General: There shall exist a General Zone within the Watershed Protection District
which shall consist of all land located beyond four hundred(400)feet horizontally from
the annual mean high water mark of Lake Cochichewick and all wetland resource areas
(as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw)located
within the Watershed.
ii. Non-Discharge: There shall exist a Non-Discharge Buffer Zone within the Watershed
Protection District which shall consist of all land areas located between two hundred
fifty (250) feet and four hundred (400) feet horizontally from the annual mean high
water mark of Lake Cochichewick and between one hundred fifty (150) feet and four
hundred(400) feet horizontally from the edge of all wetland resource areas (as defined
in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) located within the
Watershed.
iii. Non-Disturbance: There shall exist a Non-Disturbance Buffer Zone within the
Watershed Protection District which shall consist of all land areas located between one
hundred fifty (150) feet and two hundred fifty (250) feet horizontally from the annual
mean high water mark of Lake Cochichewick, and between seventy five (75) feet and
one hundred fifty(15 0)feet horizontally from the edge of all wetland resource areas(as
defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) located
within the Watershed.
43
iv. Conservation: There shall exist a Conservation Zone within the Watershed Protection
District which shall consist of all land areas located within one hundred fifty(15 0)feet
horizontally from the annual mean high water mark of Lake Cochichewick, and within
seventy five (75) feet horizontally from the edge of all wetland resource areas (as
defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) located
within the Watershed.
C. In the event that the SPGA determines, on the basis of credible evidence before it, that there
exists a significant doubt or dispute concerning the proper location of boundaries of the
Watershed Protection District on any individual lot or lots,the SPGA shall, at the request of the
owner of such lot or lots, engage a Registered Professional Engineer to advise it in determining
such boundaries. The owner making such request shall reimburse the SPGA for the cost of
such Engineer. Upon completion of the Engineer's report to the SPGA,the SPGA shall hold a
hearing to make a final determination of such boundaries. At such hearing, such report shall be
deemed evidence sufficient to establish the location of the boundary unless rebutted by credible
evidence to the contrary.
d. When the Watershed Protection District boundary divides a lot of record as of June 28, 1978,in
one ownership, that portion of the lot within the Watershed Protection District must comply
with this Bylaw. Where the premises are partially outside of the Watershed Protection District,
potential pollution sources such as on-site waste disposal systems, shall be located outside of the
District to the extent feasible.
e. The provisions relating to the Conservation Zone shall not apply to any activities undertaken by
the Division of Public Works.
f. The provisions relating to the establishment of the Conservation Zone and the enlargement of
the Non-Disturbance Zone and the Non-Discharge Zones shall only apply to lots recorded or
registered after the date of the enactment of this amendment(October 24, 1994). (1994/1 STM).
Table 1 -Lots created after October 24, 1994
Conservation Non-Disturbance Non-Discharge
From Annual High
Water Mark of
Lake Cochichewick to 150' 250' 400'
From Edge of All
Wetland Resource
Areas Within the
Watershed District to 75' 150' 400'
Table 2-Lots created on or prior to October 24, 1994
Non-Disturbance Non-Discharge
From Annual High
Water Mark of
Lake Cochichewick to 250' 325'
From Edge of All
Wetland Resource
Areas Within the
Watershed District to 100' 325'
44
3. Uses and Building Requirements
a. General Zone
There shall exist a General Zone within the Watershed Protection District which shall consist of all land
located beyond four hundred (400) feet horizontally from the annual mean high water mark of Lake
Cochichewick and all wetland resource areas (as defined in M.G.L. Chapter 131, Section 40, and the
Town Wetland Bylaw)located within the Watershed.
i. Allowed Uses: The following uses shall be allowed in the General Zone of the
Watershed Protection District as itemized below:
(1) All permitted uses allowed in Section 4.121 'Permitted Uses Residence 1, 2,
and 3 District"of the Zoning Bylaw.
(2) All uses associated with municipal water supply/treatment and public sewer
provided by the Town of North Andover.
(3) The Division of Public Works may conduct routine maintenance of any
existing use of property, including the maintenance and improvements of
existing roadways and drainage systems.
(4) Maintenance of fire access lanes by the Fire Department.
(5) All agricultural uses, providing that such uses exercise Best Management
Practices and be undertaken in such a manner as to prevent erosion and
siltation of adjacent water bodies and wetlands.
ii. Uses Allowed by pecial Permit: The following uses may be allowed in the General
Zone of the Watershed Protection District by the granting of a Special Permit issued
pursuant to Section 4 of the Watershed Protection District Bylaw:
(1) Golf courses,public or private with Best Management Practices.
(2) Any other use not provided for elsewhere in this Section.
(3) A commercial kitchen on public sewer.
iii. Prohibited Uses: The following uses are specifically prohibited within the General
Zone of the Watershed Protection District:
(1) Any solid waste facility as defined by M.G.L. Chapter 111, Section 150A.
(2) Municipal sewage treatment facility, not including sewer lines, pump stations
and other accessory sewer system equipment used to transport sewage to a
treatment facility located outside of the District.
(3) Privately owned waste water treatment plants.
(4) Road salt or other deicing stockpiles.
(5) Underground tanks or collection pits for storage of fuel or hazardous materials
including any tanks or collection pits partially below mean ground elevation
but excluding any tanks located completely within a building otherwise
permitted under this Section.
(6) Dumping of snow from outside the District.
(7) Motor vehicle salvage operations and junk yards.
(8) Car washes.
(9) Self-service laundries,unless connected to public sewer.
(10) Airplanes, boat, or motor vehicle service and repair establishments (including
auto body shops).
(11) Metal plating,finishing or polishing.
(12) Chemical and bacteriological laboratories.
(13) Electronic circuit assembly.
(14) Hotels,or motels,unless connected to public sewer.
(15) Painting,wood preserving and furniture stripping establishments.
45
(16) Photographic processing establishments.
(17) Printing establishments.
(18) Dry Cleaning establishments.
(19) Storage of herbicides, pesticides or fertilizers, other than in amounts normally
associated with household or existing agricultural use.
(20) Commercial cabinet or furniture making.
(21) Commercial storage or sale of petroleum or other refined petroleum.
(22) Commercial manufacture, storage, use, transportation or disposal of any
substance of such physical, chemical or infectious characteristics as to pose a
significant, actual or potential, hazard to water supplies, or other hazard to
human health if such substance or mixture were discharged onto land or
waters of this Town, including but not limited to organic chemicals,petroleum
products, heavy metals, radioactive or infectious waste, acids, and alkalis, and
all substances defined as Toxic or Hazardous under M.G.L. Chapter 2 1 C and
Chapter 2 1 E and the regulations promulgated thereunder, and also including
pesticides,herbicides, solvents and thinners.
(23) Restaurants unless connected to public sewer.
(24) Commercial kitchens unless connected to public sewer.
iv. Building Requirements: All construction in the Watershed Protection District shall
comply with best management practices for erosion, siltation, and stormwater control
in order to preserve the purity of the ground water and the lake;to maintain the ground
water table;and to maintain the filtration and purification functions of the land.
b. Non-Discharge Buffer Zone
There shall exist a Non-Discharge Buffer Zone within the Watershed Protection District which shall
consist of all land areas located between two hundred fifty (250) feet and four hundred (400) feet
horizontally from the annual mean high water mark of Lake Cochichewick and between one hundred
fifty (150) feet and four hundred (400) feet horizontally from the edge of all wetland resource areas (as
defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) located within the
Watershed.
i. Allowed Uses: All of the Allowed Uses listed in Section 3(a)(1) of this Watershed
Protection District Bylaw are allowed in the Non-Discharge Buffer Zone except as
noted below:
ii. Uses Allowed by pecial Permit: The following activities may be allowed within the
Non-Discharge Buffer Zone only by the granting of a Special Permit issued pursuant to
Section 4 of this Watershed Protection District Bylaw:
(1) Any surface or sub-surface discharge, including but not limited to, storm
water runoff, drainage of any roadway that is maintained by the Division of
Public Works or any private association; outlets of all drainage swales;outlets
of all detention ponds. All storm water management systems shall employ
Best Management Practices.
iii. Prohibited Uses: The following uses are specifically prohibited within the Non-
Discharge Buffer Zone:
(1) All of the Prohibited Uses listed in Section 3(c)(111) of this Watershed
Protection District Bylaw are prohibited in the Non-Discharge Zone.
(2) The use, or method of application of, any lawn care or garden product
(fertilizer, pesticide, herbicide) that may contribute to the degradation of the
public water supply.
46
(3) The use of lawn care or garden products that are not organic or slow-release
nitrogen.
iv. Building Requirements: All construction in the Watershed Protection District shall
comply with best management practices for erosion, siltation, and stormwater control
in order to preserve the purity of the ground water and the lake;to maintain the ground
water table;and to maintain the filtration and purification functions of the land.
C. Non-Disturbance Buffer Zone
There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection District
which shall consist of all land areas located between one hundred fifty (15 0) feet and two hundred fifty
(250) feet horizontally from the annual mean high water mark of Lake Cochichewick, and between
seventy five (75) feet and one hundred fifty(150) feet horizontally from the edge of all wetland resource
areas (as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) located within the
Watershed.
i. Allowed Uses: All of the Allowed Uses listed in Section 3(a)(1) of this Watershed
Protection District Bylaw are allowed in the Non-Disturbance Zone except as noted
below.
ii. Uses Allowed by pecial Permit: The following uses shall be allowed within the Non-
Disturbance Buffer Zone only by Special Permit issued pursuant to Section 4 of this
Watershed Protection District Bylaw:
(1) Any activities which cause a change in topography or grade.
(2) Vegetation removal or cutting, other than in connection with agricultural uses
or maintenance of a landscape area.
(3) Construction of a new permanent structure only after a variance has been
granted by the Zoning Board of Appeals.
(4) Replacement of any permanent structure.
(5) Any surface or sub-surface discharge, including but not limited to, stormwater
runoff, drainage of any roadway that is maintained by the Division of Public
Works or any private association; outlets of all drainage swales; outlets of all
detention ponds.
(6) Construction of any accessory structure or expansion of any existing structure
by less than twenty five (25) percent of the gross floor area of the existing
structure. (1994/1STM)
iii. Prohibited Uses: The following uses are specifically prohibited within the Non-
Disturbance Buffer Zone:
(1) All of the Prohibited Uses listed in Section 3(c)(111) of this Watershed
Protection District Bylaw are prohibited in the Non-Discharge Zone.
(2) Construction of any septic system.
(3) Construction of any new permanent structure, or expansion of an existing
structure by twenty-five (25) percent or more of the gross floor area of the
existing structure.
(4) The use, or method of application of, any lawn care or garden product
(fertilizer, pesticide, herbicide) that may contribute to the degradation of the
public water supply.
(5) The use of lawn care or garden products that are not organic or slow-release
nitrogen.
iv. Building Requirements: All construction in the Watershed Protection District shall
comply with best management practices for erosion, siltation, and stormwater control
47
in order to preserve the purity of the ground water and the lake;to maintain the ground
water table;and to maintain the filtration and purification functions of the land.
d. Conservation Zone
There shall exist a Conservation Zone within the Watershed Protection District which shall
consist of all land areas located within one hundred fifty(150)feet horizontally from the annual
mean high water mark of Lake Cochichewick, and within seventy five (75) feet horizontally
from the edge of all wetland resource areas (as defined in M.G.L. Chapter 131, Section 40, and
the Town Wetland Bylaw)located within the Watershed.
i. Allowed Uses: The following uses shall be allowed in the Conservation Zone of the
Watershed Protection District except as noted below:
(1) All uses associated with municipal water supply/treatment and public sewer
provided by the Town of North Andover.
(2) The Division of Public Works may conduct routine maintenance of any
existing use of property, including the maintenance and improvements of
existing roadways and drainage systems.
(3) Maintenance of fire access lanes by the Fire Department.
ii. Uses Allowed by pecial Permit: No Special Permits will be granted in the
Conservation Zone.
iii. Prohibited Uses: The following uses are specifically prohibited within the
Conservation Zone:
(1) All of the Prohibited Uses listed in Section 3(c)(111) of this Watershed
Protection District Bylaw are prohibited in the Non-Discharge Zone.
(2) Any activities which cause a change in topography or grade;
(3) Vegetation removal or cutting, other than in connection with existing
agricultural uses or maintenance of an existing landscape area;
(4) Construction or placement of any new permanent structures;
(5) Any surface or subsurface drainage, including, but not limited to, stormwater
runoff,
(6) Animal feedlots or the storage of manure;
(7) Construction of any septic system.
(8) Construction of any accessory structure or expansion of an existing structure
by twenty-five (25) percent or more of the gross floor area of the existing
structure.
(9) The use, or method of application of, any lawn care or garden product
(fertilizer, pesticide, herbicide) that may contribute to the degradation of the
public water supply.
(10) The use of lawn care or garden products that are not organic or slow-release
nitrogen.
The above prohibitions shall not apply to any activities undertaken by the Division of Public
Works within its authority or to work completed in conjunction with the construction of the
municipal sewer system. (1994/1STM)
48
4. Special Permit Requirements
a. Nine (9) copies of an application for a Special Permit under this Section shall be filed with the
SPGA. Special Permits shall be granted if the SPGA determines that the intent of the Bylaw,as
well as its specific criteria, are met. In making such determination the SPGA shall give
consideration to simplicity, reliability, and feasibility of the control measures proposed and the
degree of threat to water quality which would result if the control measures failed.
b. Upon receipt of a Special Permit Application,the SPGA shall transmit one (1) copy of each to
the Division of Public Works, Fire Chief, Title III Committee, Division of Planning and
Community Development, Conservation Commission, the Board of Health, and the Watershed
Council for their written recommendations. Failure to respond in writing within thirty(30)days
shall indicate approval or no desire to comment by said agency.
C. An application for a Special Permit under this Section shall include the following information:
i. Application Form for a Special Permit from the Planning Board.
ii. Map on a scale of one (1) inch equals forty (40) feet prepared by a Registered
Professional Engineer or Surveyor showing:
(1) the annual mean high water mark of Lake Cochichewick(if annual mean high
water mark is within four hundred(400)feet of any proposed activity,
(2) the edge of all wetland resource areas, as confirmed by the Conservation
Commission (if edge of wetland resource area is within four hundred (400)
feet of any proposed activity),
(3) the conservation zone,
(4) the non-disturbance zone,
(5) the non-discharge zone,
(6) the edge of vegetation clearing(edge of work).
iii. Written certification by a Registered Professional Engineer, or other scientist educated
in and possessing extensive experience in the science of hydrology and hydrogeology,
stating that there will not be any significant degradation of the quality or quantity of
water in or entering Lake Cochichewick.
iv. Proof that there is no reasonable alternative location outside the Non-Disturbance
and/or Non-Discharge Buffer Zones, whichever is applicable, for any discharge,
structure,or activity,associated with the proposed use to occur. (1994/38)
V. Evidence of approval by the Mass. Dept. of Environmental Protection (DEP) of any
industrial waste water treatment or disposal system or any waste water treatment of
system fifteen thousand(15,000)gallons per day capacity.
vi. Evidence that all on-site operations including, but not limited to, construction, waste
water disposal, fertilizer applications and septic systems will not create concentrations
of Nitrogen in groundwater,greater than the Federal limit at the downgradient property
boundary.
vii. Projections of downgradient concentrations of nitrogen, phosphorus and other relevant
chemicals at property boundaries and other locations deemed pertinent by the SPGA.
d. The SPGA may also require that supporting materials be prepared by other professionals
including,but not limited to,a registered architect,registered landscape architect,registered land
surveyor, registered sanitarian, biologist, geologist or hydrologist when in its judgment the
complexity of the proposed work warrants the relevant specified expertise.
e. Special Permits under this Section shall be granted only if the SPGA determines, after the time
of comment by other Town agencies as specified above has elapsed, that, as a result of the
proposed use in conjunction with other uses nearby,there will not be any significant degradation
of the quality or quantity of water in or entering Lake Cochichewick.
49
f. Any Special Permit issued under this Section for a new permanent structure (other than an
accessory structure or expansion that is less than twenty five (25%) of the gross floor area of a
structure) or a septic system shall require that such structure or system be constructed outside
the Non-Disturbance Buffer Zone.
g. Within the Non-Disturbance Zone and Non-Discharge Buffer Zone, any runoff from
impervious surfaces shall,to the extent possible,be recharged on site and diverted toward areas
covered with vegetation for surface infiltration. Where on site recharge is not feasible due to
soil or other natural conditions, other mitigating measures such as sedimentation ponds, filter
berms, or restoring wetlands, shall be used only where other methods are not feasible and after
approval by the Board of Health, Building Inspector and the Division of Public Works to assure
that the methods used for on site infiltration and/or other measures shall remain effective.
h. Provisions shall be made to protect against toxic or hazardous material discharge or loss
resulting from corrosion, accidental damage, spillage or vandalism through measures such as
spill control provisions in the vicinity of chemical or fuel delivery points; secured storage areas
for toxic or hazardous materials, and indoor storage provisions for corrodible or dissolved
materials. For operations which allow the evaporation of toxic materials into the interior of any
structure a closed vapor system shall be provided for each structure to prevent discharge or
contaminated condensate into the groundwater.
i. For any toxic or hazardous waste to be produced in quantities greater than those associated with
normal household use,the applicant must demonstrate the availability and feasibility of disposal
methods which are in conformance with M.G.L. Chapter 21C.
5. Emergencies
a) The Planning Board may issue an emergency special permit, subject to the subsequent
consideration and determination by the Planning Board and upon the following findings:
i) the work proposed is deemed necessary for the protection of the quantity of quality of the
water in or entering Lake Cochichewick, and
ii.) the proposed work must be undertaken before the regular special permit application
processed could be completed.
b) A request for an emergency special permit shall be made in writing to the Planning Board and
shall include the following:
i) a statement as to why the emergency work is necessary to protect the quality and/or
quantity of water in and/or entering Lake Cochichewick, and,
ii) a statement as to why the emergency work must be undertaken before the completion of the
regular special permit application process, and
iii) a statement describing in detail the proposed work to remedy the emergency situation.
c) All information required by Section 4/136(4) Special Permit Requirements must also be
submitted with the application; provided however,that if all the required information or
documents are not available due to the emergency nature of the situation,the applicant may
request a waiver or delay regarding the submittal of the unavailable information or documents.
d) Authorized emergency work must be performed within 60 days of the issuance of the
emergency special permit. Any work, which is not completed within this 60-day period
requires compliance with the regular special permit application procedures set forth in section
4.136.4 and renumbering Violations 4.136(6) and Severability 4.136(7).
50
6. Violations
Written Notice of any violation of this Bylaw shall be provided by the SPGA agent to the owner of the
premises specifying the nature of the violation. The agent of the SPGA shall request of the violator a
schedule of compliance, including cleanup of spilled materials. Such schedule shall allow for the
immediate corrective action to take place. This compliance schedule must be reasonable in relation to
the public health hazard involved and the difficulty of compliance. In no event shall more than thirty
(30) days be allowed for either compliance or finalization of a plan for longer term of compliance. Said
schedule of compliance shall be submitted to the SPGA for approval subsequent to the violation. Said
agent of the SPGA shall notify the Building Inspector of any violations of the Schedule of compliance or
of any failure to satisfy the requirements of this paragraph. (1998/25).
7. Severability
In any portion, sentence, clause or phase of this regulation shall be held invalid for any reason, the
remainder of this Bylaw shall continue in full force.
8. Waiver of Watershed Protection District Special Permit
1) When any construction proposed on an existing structure within the Watershed Protection District
will not expand the existing footprint of a structure, and will not disturb existing topography, and
is a proposal on town sewer, the Planning Board may determine, without a public hearing, that
submission of a watershed protection district special permit is not required. However, in order to
obtain such a waiver, an applicant must schedule and agree in writing for the Town Planner to
perform a minimum of two inspections during the construction process to ensure proper erosion
control is established during construction; the applicant must also agree in writing that the Town
Planner can stop construction if the proper erosion control is not in place. For all proposals on
septic, this section will not apply, and all applicants should refer to Sections 4.136(3)(a)(b)(c) and
(d) of the Town of North Andover Zoning Bylaw.
2) The applicant must request a waiver from obtaining a Watershed Protection District Special Permit
in writing and may be required to submit supporting documentation, including, but not limited to,
proposed plans and correspondence depicting the proposal. The waiver request will be discussed
at a regular meeting of the Planning Board.
(Section 4.136 rewritten and reorganized at the May 1, 1995 Annual Town Meeting, Article 38) 4.137Flood
Plain District(1993/39)
4.137 Floodplain District
1. STATEMENT OF PURPOSE
The purpose of the floodplain District is to:
a. Ensure public safety through reducing the threats to life and personal injury.
b. Eliminate new hazards to emergency response officials;
c. Prevent the occurrence of public emergencies resulting from water quality, contamination, and
pollution due to flooding.
d. Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the
utility network and impact regions of the community beyond the site of flooding;
e. Eliminate costs associated with the response and cleanup of flooding conditions;
f Reduce damage to public and private property resulting from flooding waters.
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2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD EVALUATION AND
FLOODWAY DATA
The Floodplain District is herein established as an overlay district. The underlying permitted uses
are allowed provided that they meet the Massachusetts State Building Code, Section 3107, "Flood
Resistant Construction"and any other applicable local, state or federal requirements. The District
includes all special flood hazard areas designated on the North Andover Flood Insurance Rate Map
(FIRM) issued by the Federal Emergency Management Agency(FEMA) for the administration of
the NEIP dated June 2, 1993 as Zone A, AE, AH, AO, A99, and the FEMA Flood Boundary&
Floodway Map dated June 2, 1993, both maps which indicate the 100 year regulatory floodplain.
The exact boundaries of the District may be defined by the 100-year base flood evaluations shown
on the FIRM and further defined by the Flood Insurance study booklet dated June 2, 1993. The
FIRM, Floodway Maps and Flood_Insurance Study booklet are incorporated herein by reference
and are on file with the Town Clerk, Planning Board, Building Official, and Conservation
Commission.
3. BASE FLOOD ELEVATION AND FLOODWAY DATA
a. Floodway Data. In Zone A, AH, A99 and AE, along watercourses that have not had a
regulatory floodway designated,the best available Federal, State, local or other floodway data
as determined by the Building Inspector, in consultation with the Director of the Division of
Public Works, shall be used to prohibit encroachments in floodways which would result in any
increase in flood levels within the community during the occurrence of the base flood
discharge.
b. Base Flood Elevation Date. Base flood elevation data is required for subdivision proposals or
other developments greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered
A zones.
c. Areas designated as flood plain on the North Andover Flood Insurance Rate Maps may be
determined to be outside the flood plain district by the Building Inspector,in consultation with the
Director of the Division of Public Works,if an accurate topographic and property line survey of the
area conducted by a registered professional engineer or land surveyor shows that the flood plain
contour elevation does not occur in any area of proposed buildings, structures,improvements,
excavation,filling,paving,or other work activity. The person requesting the determination shall
provide any other information deemed necessary by the Building Inspector,in consultation with the
Director of Division of Public Works to make that determination. If the Building Inspector,in
consultation with the Director of the Division of Public Works,determines that the Flood Insurance
Rate Maps are in error,the subject area shall not be regulated as occurring within the Flood Plain
District,and any such determination shall be noted on the Flood Insurance Rate Maps. Nothing in
this section shall prohibit the Conservation Commission,Board of Health,or other Town officials or
Board from making non-zoning determinations of the flood plain or performing their official duties.
4. NOTIFICATION OF WATERCOURSE ALTERATION
If a landowner or project proponent proposes to alter or relocate any watercourse,that person shall
notify the following parties and provide evidence of such notification to every town board or
official who has jurisdiction over such alteration or relocation prior to or at the time of applying for
any approval that is required to perform such alteration of relocation:
a. Notify in a riverine situation,the following of any alteration or relocation of a watercourse:
1. Adjacent Communities
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2. Bordering States
3. NFIP State Coordinator
Massachusetts Office of Water Resources
251 Causeway Street Suite 600-700
Boston, MA 02114-2104
4. NFIP Program Specialist
FEMA Region I, Rm. 462
J.W. McCormick Post Office & Courthouse
Boston, MA 02109
5. REFERENCE TO EXISTING REGULATIONS
The Floodplain District is established as an overlay district to all other districts. All development
in the district, including structural and non-structural activities, whether permitted by right or by
special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General
Laws and with the following:
a. Section of the Massachusetts State Building Code which addresses Floodplain and coastal
high hazard areas (currently 780 CMR 3107.0 "Flood Resistant Construction");
b. Wetlands Protection Regulations, Department of Environmental Protection(DEP)
(currently 310 CMR 10.00);
c. Inland Wetlands Restriction, DEP (currently 302 CMR 6.00);
d. Coastal Wetlands Restriction, DEP (currently 302 CMR 4.00);
e. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently
310 CMR 15, Title 5);
f Any variances from the provisions and requirements of the above referenced state
regulations may only be granted in accordance with the required variance procedures of
these state regulations.
6. OTHER USE/DEVELOPMENT REGULATIONS
a. Within zones AH and AO on the FIRM, adequate drainage paths are required around
structures on slopes,to guide floodwaters around and away from
proposed structures.
b. Within Zones Al-30 and AE, along watercourses that have a regulatory floodway
designated on the North Andover FIRM of Flood Boundary&Floodway Map dated June
2, 1993; encroachments are prohibited in the regulatory floodway which would result in
any increase in flood levels within the community during the occurrence of the base flood
discharge. However, a registered professional engineer may provide proof and
certification to the Building Commissioner, in conjunction with the Director of the Division
of Public Works, demonstrating that such encroachments shall not increase flood levels
during the occurrence of the 100 year flood, and if both the Building Commissioner, in
conjunction with the Director of the Division Public Works approve this certification, such
encroachments shall not be deemed to be prohibited.
c. All subdivision proposals filed in accordance with M.G.L. Chapter 41, Section 81S and
81T [or any revisions to the subdivision control law referencing the submission of
preliminary or definitive subdivision plans], respectively shall be designed so that:
1. such proposals minimize flood damage;
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2. all public utilities and facilities are located and constructed to minimize or eliminate
flood damage; and
3. adequate drainage is provided to reduce exposure to flood hazards.
4. Existing contour intervals of site and elevations of existing structures must be included
on plan proposal;
5. The applicant shall circulate or transmit one copy of the development plan to the
Conservation Commission, Planning Board, Board of Health, Town Engineer, and
Building Commissioner for comments which will be considered by the appropriate
permitting board prior to issuing applicable permits.
7. PERMITTED USES
The following uses of low flood damage potential and causing no obstruction to flood flows are
encouraged provided they are permitted in the underlying district and they do not require
structures, fill, or storage of materials or equipment:
a. Agricultural uses such as farming, grazing,truck farming, horticulture, etc.
b. Forestry and nursery uses.
c. Outdoor recreational uses, including fishing, boating, play areas, etc.
d. Conservation of water, plants, wildlife.
e. Wildlife management areas, foot, bicycle, and/or horse paths.
f Temporary non-residential structures used in connection with fishing, growing, harvesting,
storage, or sale of crops raised on the premises.
g. Buildings lawfully existing prior to the adoption of these provisions.
8. DEFINITIONS: The following definitions are taken from the NFIP regulations and the Massachusetts
State Building Code, Section 3107.
a. AREA OF SPECIAL FLOOD HAZZARD is the land in the floodplain within a community
subject to a one percent or greater chance of flooding in any given year. The area may be
designated as Zone A,AO,AH,Al-30,AE,A99 V1-30,VE,or V.
b. BASE FLOOD means the flood having one percent chance of being equaled or exceeded
in any given year.
c. COASTAL HIGH HAZARD AREA means the area subject to high velocity waters,
including but not limited to hurricane wave wash or tsunamis. The area is designated on a
FIRM as ZONE V, V1-30, and VE.
d. DEVELOPMENT means any manmade change to improved or unimproved real estate,
including but not limited to building or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations.
e. DISTRICT means floodplain district.
f EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means a
manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed(including at a
minimum,the installation of utilities,the construction of streets, and either final site
grading or the pouring of concrete pads) and is completed before the effective date of the
floodplain management regulations adopted by a community.
g. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR
SUBDIVISION means the preparation of additional sites by the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed(including the
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installation of utilities,the construction of streets, and either final site grading or the
pouring of concrete pads).
h. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)means the agency
that administers the National Flood Insurance Program. FEMA provides a nationwide
flood hazard area mapping study program for communities as well as regulatory standards
for development in the flood hazard areas.
i. FLOOD BOUNDARY AND FLOODWAY MAP means an official map of a
community issued by FEMA that depicts, based on detailed-analyses,the boundaries of the
100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and
later,the floodway designation is included on the FIRM.)
J. FLOOD HAZARD BOUNDARY MAP (FHBM)means an official map of a
community issued by FEMA where the boundaries of the flood and related erosion areas
having special hazards have been designated as Zone A or E.
k. FLOOD INSURANCE RATE MAP (FIRM)means an official map of a community on
which FEMA has delineated both the areas of special flood hazard and the risk premium
zones applicable to the community.
1. FLOOD INSURANCE STUDY (FIS)means an examination, evaluation, and
determination of flood hazards, and, if appropriate, corresponding water surface
elevations, or an examination, evaluation and determination of flood-related erosion
hazards.
m. FLOODWAY means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation.
n. LOWEST FLOOR means the lowest floor of the lowest enclosed area(including
basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement area is not
considered a building's lowest floor, PROVIDED that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirements of
NFIP Regulations 60.3.
o. MANUFACTURED HOME means a structure,transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. For floodplain management purposes
the term "manufactured home" also includes park trailers,travel trailers, and other similar
vehicles placed on a site for greater than 180 consecutive days. For insurance purposes,
the term "manufactured home" does not include park trailers,travel trailers, and other
similar vehicles.
p. MANUFACTURED HOME PARK OR SUBDIVISION means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
q. NEW CONSTRUCTION means, for floodplain management purposes, structures for
which the "start of construction" commenced on or after the effective date of a floodplain
management regulation adopted by a community. For the purpose of determining
insurance rates, NEW CONSTRUCTION means structures for which the "start of
construction" commenced on or after the effective date of an initial FIRM or after
December 31, 1974, whichever is later.
r. NEW MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured
home park or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed(including, at a minimum,the installation
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of utilities,the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of the floodplain management
regulations adopted by a community.
s. ONE-HUNDRED-YEAR FLOOD - see BASE FLOOD.
t. REGULATORY FLOODWAY - see FLOODWAY
u. SPECIAL FLOOD HAZARD AREA means an area having special flood and/or flood-
related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, Al-30, AE,
A99, AH, V, V1-30, VE.
v. START OF CONSTRUCTION includes substantial improvement, and means the date
the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement was within 180
days of the permit date. The actual start means either the first placement of permanent
construction of a structure on site, such as the pouring of slab or footings,the installation
of piles,the construction of columns, or any work beyond the stage of excavations; of the
placement of a manufactured home on a foundation. For a substantial improvement,te h
actual start of construction means the first alteration of any wall, ceiling, or floor or other
structural part of the building, whether or not that alteration affects the external
dimensions of the building.
w. STRUCTURE means, for floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank that is principally above ground, as well as a
manufactured home. STRUCTURE, for insurance coverage purposes, means a walled
and roofed building, other than a gas or liquid storage tank that is principally above
ground and affixed to a permanent site, as well as a manufactured home on foundation.
For the latter purpose,the term includes a building while in the course of construction,
alteration, or repair, but does not include building materials or supplies intended for use in
such construction, alteration, or repair, unless such materials or supplies are within an
enclosed building on the premises.
x. SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage occurred.
y. SUBSTANTIAL IMPROVEMENT means reconstruction, rehabilitation, addition or
other improvement of a structure,the cost of which equals or exceeds 50 percent of the
market value of the structure before "start of construction"of the improvement. This term
includes structures, which have incurred"substantial damage", regardless of the actual
repair work performed.
z. ZONE A means the 100-year floodplain area where the base flood elevation(BFE)has not
been determined. To determine the BFE, use the best available federal, state, local, or
other data.
aa. ZONE Al -A30 and ZONE AE (for new and revised maps)means the 100-year
floodplain where the base flood elevation has been determined.
bb. ZONE AH and ZONE AO means the 100-year floodplain with flood depths of 1 to 3
feet.
cc. ZONE A99 means areas to be protected from the 100-year flood by federal flood
protection system under construction. Base flood elevations have not been determined.
dd. ZONES B, C,AND X are areas identified in the community Flood Insurance Study as
areas of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and
revised maps.
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ee. ZONE V means a special flood hazard area along a coast subject to inundation by the
100-year flood with the additional hazards associated with storm waves. Base flood
elevations have not been determined.
ff. ZONE VI-30 and ZONE VE (for new and revised maps)means a special flood hazard
area along a coast subject to inundation by the 100-year flood with additional hazards due
to velocity(wave action). Base flood elevations have been determined.
4.2 Phased Development Bylaw
1. Intent and Purpose.
The purpose of this section is to ensure that development occurs in North Andover in a strategic, orderly and
planned manner that allows for the preparation and maintenance of high quality municipal services for an
ever-expanding residential population, while at the same time allowing reasonable residential development
during such preparation that does not infringe on the quality of life or municipal services provided for the
residents of the Town of North Andover, in order to provide for high quality and reliable municipal services
such as, but not limited to, fire and police protection, educational facilities and programs and available clean
water resources. This section establishes a strategic development rate consistent with recent historical
average development rates for residential development in order to ensure that development occurs in an
orderly and planned manner as it relates to the Town's ability to provide high quality and effective services
for its citizens and protect its resources necessary for sustaining the present and future quality of life enjoyed
by its citizens.
2. Definitions.
For the purposes of this Bylaw,the following terms shall have the following meaning:
(a) "Anniversary date" for each subdivision, special permit, or contiguous Form A lots under this
provision shall be no earlier than the date on which all required approvals required for a building
permit have been obtained.
(b) "Developer" any individual who either as an individual, a beneficial owner of a real estate
trust, a partner in a partnership, or an officer or owner of a corporation, requests one or more
building permits for the construction of new dwelling units.
(c) "Development" shall mean a single parcel or set of contiguous parcels of land held in
substantial common ownership, regardless of form, at any time on or after the date of adoption of
this bylaw, for which one or more building permits are sought.
(d) "Phased Development Schedule" shall mean a schedule authorized by the Planning Board or its
authorized designee in accordance with this Section, which outlines the maximum building permit
issuance per development.
3. Regulations.
(a) Beginning on the effective date of this section, no building permit for a new residential
dwelling unit or units shall be issued unless in accordance with the regulations of this section, or
unless specifically exempted in Section 6 below, or by the provision of MGL, s. 40A, c. 6.
(b) The regulations of this section shall apply to all definitive subdivision plans, subdivisions
not requiring approval, contiguous Form A lots held in common or related ownership on the
effective date of this by-law, site plan review applications, and special permits, which would result
in the creation of a new dwelling unit or units. Dwelling units shall be considered as part of a
single development for purposes of development scheduling if located either on a single parcel or
contiguous parcels of land that have been in the same ownership at any time on or subsequent to
the date of adoption of this section.
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(c) For all building lots/dwelling units covered under Subsection 3(b), the Planning Board is
authorized to approve a Phased Development Schedule for that lot/unit in accordance with Section
4a.
(d) The request for authorization of a Phased Development Schedule shall be made on forms
provided by the Planning Board. Requests will include any and all information necessary to
demonstrate eligibility and compliance with these regulations.
(e) No building permits for new dwelling units shall be issued until the Phased Development
Schedule has been recorded in the Essex County Registry of Deeds and a certified copy of the
Phased Development Schedule has been filed with both the Planning and Building Departments.
(f) Upon transfer of any lot or unit subject to this section, the deed shall reference the Phased
Development Schedule and state the earliest date on which construction may be commenced in
accordance with the provision of this bylaw.
(g) If a proposed subdivision includes any lots that are within 500 feet of lots in another
subdivision held in common or affiliated ownership,then both subdivisions shall be construed to be
a single subdivision for the purposes of this Bylaw.
(h) Lot lines for Form A lots shall be defined when the Form A lots have been approved by the
Planning Board or an authorized agent. Subsequent changes in the shape or ownership of lots shall
not render the provisions of this Bylaw void.
(i) Building permits shall be issued in accordance with the Phased Development Schedule.
However, the Planning Board may, without a public hearing and upon written request from the
applicant, permit up to twice the allowed annual maximum permitted for that project under the
provisions of this Bylaw, provided that building permits issued in succeeding years shall be limited
to less than the permitted maximum, if necessary, to insure that the overall number of allowed
permits is not exceeded.
0) The Planning Board, in conjunction with the Building Inspector, shall be responsible for
administering this section of the Bylaw. Accordingly, the Planning Board shall adopt and publish
reasonable regulations for carrying out its duties under this section. In particular,these regulations
shall address the conditions and processes for authorizing building permits on an annual basis.
4. Phased Development Schedule
(a) Building permits for new dwelling units shall be authorized only in accordance with the
following Phased Development Schedule:
Maximum Units for which
Number of Units in Minimum Years Building Records
Subdivision Development for Development May be Issued Per Year
1-6 1 All
7-20 2 50%of total
21-34 3 33%of total
35-50 4 25%of total
51-75 5 20%of total
76-125 6 16.7%of total
126+ 7 14.3%of total
No Phased Development Schedule shall exceed seven years.
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(b) The number of lots eligible for building permits in the first year of the development shall be
prorated from the anniversary date to December 31. Fractions of.5 or greater shall be rounded up
to the nearest number and fractions less than .5 shall be rounded down.
(c) If as a result of an applicant seeking approval of a second plan of development on a parcel of land
for which authorizations have been previously granted, a second plan is approved, a new Phased
Development Schedule shall be established. The second schedule shall supersede the first Phased
Development Schedule at the time a building permit is issued based on the second plan for any lot
lying wholly or partially within the parcel subject to the new development schedule.
(d) The Planning Board, in approving the second plan, shall determine the number of authorizations
from the first plan that would be abated based on the second plan's approval. This number shall
be used by the Building Inspector in revising the authorization schedules due to abatements.
5. Requirements.
(a) All definitive subdivisions, Form A approvals, special permits, and site plan review
applications shall include a proposed Phased Development Schedule by the applicant.
(b) Phased Development Schedules.
i. Phased Development Schedules shall be determined by the Planning Board at the time of
approval of any such application. Such schedules shall be included as a condition of
approval of the application.
ii. The Building Inspector shall be authorized to issue revised Phased Development Schedules
based solely on approvals granted by the Planning Board.
iii. All Phased Development Schedules with approved authorization shall be recorded with the
application approval decision with the Town Clerk. No building permits shall be issued
pursuant to the schedule until the applicant records the approval decision with the Phased
Development Schedule at the Registry of Deeds.
6. Exemptions.
The following developments are specifically exempt from the provisions of this bylaw.
a) An application for a building permit for the enlargement, restoration, or reconstruction of a
dwelling in existence as of the effective date of this by-law, provided that no additional residential
unit is created.
b) Definitive subdivision approvals, special permits, Form A lots and site plan approvals, and
development schedules made and approved prior to the date of adoption of this by-law shall be
exempt from the provisions of this by-law. The Planning Board shall have sole and exclusive
authority to render all decisions on exemption requests.
C) Dwelling units for low and/or moderate income families or individuals, where all of the
following conditions are met:
i. Occupancy of the units is restricted to households qualifying under Local Initiative
Programs and the New England Fund as administered by the Massachusetts
Department of Housing and Community Development.
ii. The affordable units are subject to a properly executed and recorded in perpetuity
deed restriction running with the land that shall limit the succeeding resale price to
an increase of 10 percent, plus any increase in the consumer price index, plus the
cost of any improvements certified by the Building Inspector.
d) Dwelling units for senior residents, where occupancy of the units is restricted to senior
persons through a properly executed and recorded in perpetuity deed restriction running with the
land. For purposes of this Section"senior" shall mean persons over the age of 55.
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e) Development projects which voluntarily agree to a minimum 40% permanent reduction in
density, (buildable lots), below the density, (building lots), permitted under zoning and feasible
given the environmental conditions of the tract, and as determined and approved by the North
Andover Planning Board with the surplus land equal to at least ten buildable acres and permanently
designated as open space and/or farmland. The land to be preserved shall be protected from
development by an Agricultural Preservation Restriction, Conservation Restriction, and dedication
to the Town, or other similar mechanism approved by the Planning Board that will ensure its
protection.
f) Any tract of land existing and not held by a Developer in common ownership with an
adjacent parcel on the effective date of this Section shall receive a one-time exemption from the
Development Scheduling provisions for the purpose of constructing one single family dwelling
unit on the parcel.
7. Zoning g ChangChange Protection
Any protection against zoning changes provided by M.G.L. c. 40A, s. 6, shall be extended to the
earliest date on which the final unit in the development could be authorized under this bylaw.
8. Severability
The provisions of this by-law are hereby declared severable and if any provision shall be held invalid or
unconstitutional,it shall not be construed to affect the validity or constitutionality of any of the remaining.
9. Expiration
The provisions of this Section 4.2 shall expire on July 1, 2009;however,by a vote of Town Meeting,before
said date, the provisions of this Section 4.2 may be extended from an additional four (4) years in order to
continue municipal comprehensive planning studies necessary to promote orderly growth. In the event said
action is taken by Town Meeting prior to July 1, 2009,these provisions shall be construed to have lapsed on
such date.
Section 4.3 RESIDENTIAL ADAPTIVE RE-USE BYLAW
1. Intent
The residential Adaptive Re-Use Special Permit is hereby established as a Special Permit in the RI,R2,
R3 and R4 residential districts on lots that are directly contiguous to lots in non-residentially zoned
districts established by this Bylaw.
2. Purpose
The purpose of this special permit is to encourage the creative re-use and conversion of existing
residential structures adjacent to commercial and industrial parcels to a commercial use or mixed use
in order to preserve historical structures, provide for additional tax revenue for the Town, provide
flexibility to landowners, and to create a transition between residential and business areas.
3. Applicability/Eli_ig bil
A lot is eligible to receive a Residential Adaptive Re-Use Special Permit based on the provisions of
Section 4.3(6) of this Bylaw, only if at the time of application(and based on the Zoning Map in
effect at that time)the subject lot is:
A) within the R1, R2, R3 and R4 districts; AND
B) is directly contiguous (i.e. directly touching and not separated by a roadway or another
parcel)to a parcel in a non-residential district(B1-B4, VC, GB, I1-3 and IS).
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4. Permitted uses by pecial Permit include:
A) Existing residential uses;
B) Multi-family dwelling;
C) Uses which involve historic materials or relate to the attraction provided by an historic
atmosphere, such as museums, local arts and crafts shops, antique shops, woodworking,
furniture repair, or restaurants;
D) Enterprises whose principal use is the sale of agricultural products, such as greenhouses,
orchards, nurseries, food co-ops, or farm products stores.
E) Enterprises whose principal use is the sale of products produced in North Andover, such as
local agricultural products or crafts;
F) Personal service office;
G) Professional offices;
H) Business offices;
I) Medical offices;
J) Community resources such as banks, churches, schools, or libraries;
K) Interior storage uses such as for boats or furniture; and
L) Any appropriate combination as determined by the ZBA of the uses stated above.
5. Performance Standards, Restrictions &Additional Requirements
A) Permitted uses shall be limited to the existing structures on the lot. However, in addition
to ZBA special permit approval for the proposed use, an applicant may apply to the ZBA for a
special permit to expand the size of the existing structures by up to 25%of the footprint of the
structure as it existed on the date of enactment of the Residential Adaptive Re-Use Special
Permit.
B) The use permitted by this Special Permit shall not be considered objectionable or
detrimental to the residential character of the neighborhood due to the exterior appearance,
emission of odor, gas, smoke, dust, noise, disturbance, or in any other way objectionable to or
detrimental to any residential use within the neighborhood
C) There will be no display of goods or wares visible from the street, with the exception of
locally produced agricultural goods.
D) There shall be no exterior alterations that are not customary or harmonious with the
residential character of the building.
E) Any additions to the structure above must comply with the setbacks and dimensional
requirements of the corresponding residential district and non-conforming uses must comply
with the requirements outline in Section 9 of this Bylaw.
F) No more than 25%of the existing structure may be demolished.
G) A minimum of 30%of the remaining lot area must remain permeable material such as, but
not limited to, vegetation, mulch, and trees, unless specifically waived by the Planning Board
during site plan review.
H) Any new parking must meet the current parking requirements as designated in Section 8.1,
Off Street Parkin, shall be located to the rear or side of the building, and shall be screened
from the road and abutting properties to be compatible with the character of the neighborhood.
Screening shall consist of one or more of the following: fencing, vegetation, flora, deciduous
shrubs and/or trees.
1) The ZBA and Planning Board may grant special permits for prospective uses and site
plans in order that owners may renovate for approval for specific businesses or tenants.
Evidence shall be provided that the project is in accordance with the current North Andover
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Master Plan and if applicable, with the guidelines set forth in The Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised
1983) (36CFR67) in terms of the rehabilitation of the building and its site.
6. Application and Approval Procedure
A) In order to obtain a Residential Adaptive Re-Use Special Permit, an applicant must receive
a special permit from the North Andover ZBA approving the intended use and any proposed
expansion in accordance with Section 9.3(5) of this By-Law.
B) After such approval has been obtained from the ZBA,the applicant must obtain a Site
Plan Special Permit from the Planning Board as referenced in Section 8.3 of the Town of
North Andover Zoning Bylaw.
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SECTION 5 EARTH MATERIALS REMOVAL
5.1 General
1. Excavation, removal, stripping, or mining of any earth material except as hereinafter permitted on any
parcel of land,public or private,in North Andover,is prohibited.
2. Exclusive jurisdiction to issue Earth Removal Permits shall be with the Board except for Permits allowed
in Paragraph 5.6 and 5.6.
3. The Board or Building Inspector shall have the authority to issue an Operating Hours Extension Permit,
as defined in Subsection 5.2
4. The Building Inspector shall have the authority to enforce all conditions of any Permit issued under this
Section on the Zoning Bylaw.
5. All earth removal operations in existence in North Andover on the effective date of this section shall be
subject to the requirements stated herein. However, all Earth Removal Permits issued prior to the
effective date of this Section shall remain in effect until their expiration date and/or annual review. At
such time, said operation shall be subject to the provisions of this Section, unless otherwise allowed by
the Board,for a period not to exceed six(6)months.
6. An annual fee of one hundred dollars ($100.00) shall be required for Earth Removal Permits.
Miscellaneous Earth Removal Permits shall require an annual fee of twenty-five dollars($25.00).
7. Violation of this Section of the Zoning Bylaw,notwithstanding the provisions of Section 10.13, imposes
a penalty of fifty dollars ($50.00) for the first offense, one hundred dollars ($100.00)for the second and
each subsequent offense. Each day of operation in violation of this section will be considered a separate
offense.
8. Any sanitary landfill operated by the Town of North Andover shall be exempt from the provisions of this
Section.
5.2 Definitions
1. Applicant: the owner, or prospective owner by reason of a Purchase and Sales Agreement, of the land
shown by the plan submitted with the Earth Removal Permit Application.
2. Earth Materials: "earth materials" shall include soil, loam, sand, gravel, clay, peat rock, or other allied
products.
3. Earth Removal Operations: the excavation, removal, stripping, or mining of any earth material on any
site within the Town of North Andover.
4. Operating Hours Extension Permit: A permit issued by the Board or the Building Inspector for an
extension of the time of operation for trucking from the site until 9:00 p.m.
5. Board: Zoning Board of Appeals.
6. Permit: The word "Permit" in the Earth Removal Section shall mean and include a Special Permit for
earth removal as issued by the Special Permit Granting Authority.
5.3 Application for Earth Removal Permit
I All applicants for Earth Removal Permits must submit seven (7) copies of the following information
concerning the proposed site of the removal operation to the Board thirty(30) days prior to submission
of an application for an Earth Removal Permit. The Board shall distribute the information to the
Planning Board, Building Inspector, Conservation Commission, Board of Health,Highway Department,
and Police Department, so that recommendations from these departments may be submitted for the
required public hearing.
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2. A plan or plans to scale, (1"=40'prepared and stamped by a Registered Engineer, showing the property
line of the parcel of land under consideration along with all abutters to the property existing and final
contours in five foot (5') elevation in increments, existing and proposed final drainage of the site,
including all culverts, streams, ponds, swamps, and siltation basins, means of entrance and egress from
the property,locus map,and any other pertinent data deemed necessary by the Board.
3. A plan, study, or report showing the proposed ultimate use of the land conforming with the existing
Zoning Bylaw. Proper planning for future land use shall be a prime consideration affecting the issuance
of an Earth Removal Permit.
4. A complete list of the names and addresses of current abutters of the property where such removal is
proposed.
5. An operating schedule showing the active area(not to exceed five(5)acres)where the earth removal will
begin and also how the total parcel will be developed in progressive five(5)acre increments.
5.4 Permits for Earth Removal
1. The Board may issue Earth Removal Permits for any zoning district, complete with conditions imposed,
for areas not to exceed forty (40) acres. All Permits shall conform to the minimum restoration and
operating standards contained herein and such other conditions as the Board may deem necessary. Said
permit shall allow the working of only five (5) acres at any one time. Upon completion of the earth
removal operation on a five(5)acre parcel,or a part thereof,and substantial restoration of said parcel as
determined by the Board,according to the restoration standards at the Permit conditions,application may
then be made to the Board for a Permit renewal. Such Permit renewal shall allow the removal of earth
on another five (5) acre section, as shown by the operating schedule submitted with the Permit
application. This procedure shall be followed until the operation is completed.
2. The permit shall be considered a non-transferable revocable Permit to remove earth materials. If it is
found that incorrect information was submitted in the application, or that conditions of the Permit are
being violated, or that the governing regulations are not being followed, the Permit shall be suspended
until all provisions have been met and the premises made to conform. Failure of the Permit holder to
comply within the time specified by the Board for correction of violations shall cause the Permit to be
revoked, forfeiture of the security to the Town, and the imposition of all fines as set forth in Paragraph
5.1(2).
3. The Board shall discuss and review the permit periodically, and at a minimum, annually. Written
progress reports showing conformance with regulations and Permit conditions shall be submitted to the
Board by the Building Inspector or his designated agent every three(3)months.
4. An Earth Removal Permit shall not be in effect until the applicant has filed the proper security as
required in Paragraph 5.9, paid the required fees as required by Paragraph 5.1(6), and recorded the
Special Permit at the Registry of Deeds.
5. Mechanical crushing and screening may be permitted by the Board after a public hearing with due notice
given.
5.5 Earth Removal Incidental to Development,Construction or Improvements
1. This regulation shall be deemed not to prohibit the removal of such sod, loam, soil, clay, sand,gravel,or
stone as may be required to be excavated for the purpose of constructing ways in accordance with lines
and grades approved by the planning Board,or for the purpose of constructing underground utilities.
2. Where soil is to be removed in connection with the preparation of a specific site for building, removal
may take place only after the issuance of a building permit by the Building Inspector. Removal will be
allowed only from the area for the building, driveways, parking areas, and from areas where removal is
specifically required by the Board of Health in connection with disposal systems. Where special
circumstances exist requiring general regarding, removal of peat, etc., the builder may file a plan and
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request for an additional soil removal permit with the Building Inspector as provided in Paragraph 5.6
below.
3. Where excavation, removal, stripping, or mining of earth on any parcel of land, public or private, is
made necessary by order of any other Board or Agency of the Town, such excavation, removal,
stripping, or mining, if in excess of one-thousand(1,000)cubic yards shall be governed by the provisions
of Section 5.6 of this Bylaw.
4. Excavation, removal, stripping, or mining of earth incidental to improvements shall be governed by the
provisions of Section 5.6 of this Bylaw.
5. All earth removal, excavation, stripping or mining as allowed under this paragraph shall be governed by
the provisions of Section 5.6 of this Bylaw.
5.6 Miscellaneous Removal of Earth
1. Excavation, removal, stripping, or mining of miscellaneous amounts of earth as allowed under Section
5.5 is permitted provided the excavation,removal, stripping,or mining is necessary for the improvements
of development of the property on which the excavation or removal takes place.
1. Excavation,removal, stripping,or mining of aggregate quantities of less than fifty(50)
cubic yards on any one general site requires no formal approval. Where the excavation, removal,
stripping, or mining of soil is on quantities in excess of fifty(50)cubic yards but less than one-thousand
(1,000) cubic yards, application must be made to the Building Inspector for a Miscellaneous Soil
Removal Permit. Where special circumstances exist which requires the excavation, removal, stripping,
or mining of soil in excess of one-thousand (1,000) cubic yards, but less than five-thousand (5,000)
cubic yards, a Permit may be granted by the Board for such removal without a public hearing.
However, where the excavation, removal, stripping, or mining exceeds five-thousand (5,000) cubic
yards, then a public hearing will be necessary and the Permit granted shall indicate the approximate
quantity of soil to be removed, the purpose of removal, and the location of the site of removal. The
Permit shall also specify that upon completion of excavation, exposed subsoil shall be graded and
covered with loam to a minimum depth of six (6) inches and that the removal is to be controlled by the
appropriate section of Paragraph 5.7 (Operating Standards). It is further provided that except where
removal under this Paragraph is done in connection with the formation or enlargement of a pond,
excavation shall not be permitted below the mean grade of the street or road serving the property. The
excavation of said pond in any event shall not be such as to change the direction or flow of a water
course or to cause surface water to gather as a sump or swale. Excavations for burying large rocks and
stumps shall immediately be back filled for safety reasons. Failure to meet the requirements of this
Paragraph shall be deemed a violation of this Zoning Bylaw.
5.7 Operation Standards
1. Time of Operation
a. Excavation and site maintenance may be carried on from 6:30 a.m. until 7:30 p.m., Monday
through Saturday.
b. Trucking from the site may be carried on from 7:00 a.m. through 6:00 p.m., Monday through
Saturday.
C. An Operating Hours Extension Permit for trucking until 9;00 p.m. for no more than three (3)
consecutive days may be granted by the Building Inspector after reviewing conditions of the
application. Said application shall show reason for extension of time, distance of hauling, and
approximate cubic yards to be hauled.
2. Site Preparation
a. Only the active area described in the Permit application may be made ready for earth removal.
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b. No standing trees are to be bulldozed over, or slashed and bulldozed into piles. All trees must
be cut down. All wood and brush must be piled for removal or chipping. Wood chips may
remain on the site. No trees are to be buried on the site.
C. Stumps shall be buried in pre-designated areas as shown on application plans.
d. Any change in stump burial must be submitted to the Board of approval.
3. Topsoil Storage
a. All topsoil removed from the active removal area shall be piled for future site restoration.
b. No topsoil shall be removed from the site until all areas have been restored and permission has
been granted by the Board.
4. Erosion Control
a. Prior to any excavation or earth removal, adequate siltation basins shall be constructed to
prevent the run-off of silted water from the site.
b. All excavation shall be done so as to create contours to channel run-off waters into the siltation
basins.
C. No siltation basin shall exceed seven(7)feet in depth.
d. Siltation basins must be cleaned when sediment deposits are within eighteen (18) inches of the
outfall invert.
5. Dust Control
a. No earth removal operation shall create excessive amounts of dust or allow roads leading into or
from a site to become excessively dust producing.
b. Proper dust control methods shall be approved by the Building Inspector.
6. Excavation Near Brooks
a. No excavation shall be made which will alter the natural way of existing elevation of a brook,
stream,or river.
b. All banks of brooks, streams, and rivers shall be reconstructed to be aesthetically attractive and
of sufficient height to prevent abutting properties from flooding.
C. Said bank height shall be computed, for a fifty (50) year storm for all brooks, streams, and
rivers up to eight(8) feet in width and two (2) feet in depth; and for a one-hundred(100)year
storm for all brooks, streams,and rivers which exceed this size.
7. Site Screening
a. An immediate program of site screening shall start when site preparation begins.
b. All entrances shall be screened with existing vegetation, evergreens, or other suitable natural
methods, so as to prevent a direct view into the earth removal area.
C. All areas within fifty (50) feet of a traveled way or abutting property lines shall be reforested
immediately upon completion of the earth removal operation of that area. Said reforestation
shall be done in accordance with the North Andover Tree Department. A minimum of
one-hundred-fifty(150)trees per acre shall be used for this reforestation. Areas which are to be
used for agricultural purposes after earth removal operations are completed may be reforested in
the following manner. Trees shall be planted twenty-five (25) feet deep from the road or
property line. The remaining area shall immediately be planted with grass or other suitable
agricultural planting material.
8. Access Roads
a. All access roads shall be level with intersecting streets for a distance of sixty(60)feet.
b. A STOP sign shall be installed so as to warn any vehicle entering onto a Town street.
C. All access roads shall be equipped with a suitable locking gate to prevent unauthorized entry.
9. Site Maintenance
a. No open face excavation shall exceed twenty-five(25)feet in height.
b. No excavation shall be closer than fifteen(15)feet to a property line.
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C. No slope shall exceed a two(2)foot horizontal to a one(1)foot vertical(2:1)grade.
10. Temporary Buildings
a. All temporary structures shall be specified in the Special permit application and shown on the
Plan.
b. Any structure erected on the premises for use by personnel or storage of equipment shall be
located at least forty (40) feet from any existing roadway and at least thirty(30) feet from any
lot line.
C. Any temporary structure will be removed no later than ninety(90)days after the expiration date
of the permit.
11. Mechanical Crushing and Screening
a. All crushing and screening Permits shall be granted for a period not to exceed six(6)months.
b. Said Permits shall be granted as a cleanup procedure only.
C. Washing of processed material will not be allowed.
d. Operation of crushing or screening equipment shall be from 7:30 a.m. until 5:00 p.m., Monday
through Friday.
e. All crushing and screening equipment shall be equipped with suitable dust and noise control
devices.
5.8 Restoration Standards
I All restoration must be completed within sixty (60) days after the termination of an Earth Removal
Permit or by the first of June if the Permit terminates between December first through March thirty-first.
2. No slope shall be left with a grade steeper than a two(2)foot horizontal to a one(1)foot vertical(2:1).
3. All siltation basins shall be filled with earth, and a natural drainage pattern must be re-established. No
area upon the site which will collect water shall remain unless approval is granted by the Board or unless
the area was shown on the original application plans.
4. All topsoil which was on the site prior to earth removal operations shall be replaced to a minimum depth
of six(6)inches on all disturbed areas. Sites that had less than six(6)inches of topsoil shall be restored
with a minimum of four(4)inches over the entire area.
5. Seeding - The entire area shall be seeded with grass or legume which contains at least sixty percent
(60%) perennials. The planted area shall be protected from erosion during the establishment period
using good conservation practices. Areas which washout are to be repaired immediately.
6. Reforestation-All areas which are disturbed in the earth removal operation shall be reforested with fifty
percent(50%)coniferous and fifty percent(50%)deciduous trees planted at the rate of one hundred fifty
(150)trees per acre. All trees used are to be a minimum of two(2)year transplants. Said planting shall
be in accordance with the recommendations of the North
Andover Tree Department. Areas which are to be used for agriculture purposes after earth removal
operations are completed may be reforested in the following manner:
a. Trees shall be planted twenty-five(25)feet deep from a public road or property line.
b. The remaining area shall immediately be planted with grass or other suitable agricultural
planting material. Permits issued by the Building Inspector for soil removal incidental to
construction or for special purposes are exempt from reforestation paragraph.
7. Within ninety (90) days of completion of operations, all equipment, accessory buildings, structures, and
unsightly evidence of operation shall be removed from the premises.
5.9 Security Requirements
1. There must be filed with the Town Treasurer, a continuous bond or deposit of money in the minimum
amount of One-thousand dollars ($1,000)per acre to be excavated,and shall be of a sufficient amount to
cover ten (10) acres, or the total parcel, whichever is smaller, as determined by and satisfactory to the
Board.
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2. After completion of the total project, and at the applicant's written request,the Board may grant a partial
release of any security posted by the applicant. One(1)year after such a partial release is granted and if
in the opinion of the Board, no damage or deterioration to the finished project has developed,the Board
will issue a final release of the security. If, during the year following the date of a partial release,
slumping, gullying, erosion, or any other unsatisfactory condition appears, the applicant shall be
responsible for, and shall make any necessary repairs, before final release or security is granted. The
bonding agent shall be required to give the Board of Appeals, by Registered or Certified mail, a sixty
(60)day notice prior to any termination or cancellation of the bond.
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SECTION 6 SIGNS AND SIGN LIGHTING REGULATIONS
6.1 Authority and Interpretation
This Bylaw is adopted, as a General Bylaw pursuant to Chapter 93, Section 29-33, inclusive, as amended,
and a Zoning Bylaw pursuant to Chapter 40-A, as amended of the General Laws of the Commonwealth of
Massachusetts. This Bylaw is hereby declared to be remedial and protective, and is to be so construed and
interpreted as to secure the beneficial interests and purposes defined in Section 6.2 of this Bylaw.
6.2 Purposes
1. The regulation and restriction of signs within the Town of North Andover in order to protect and
enhance the visual environment of the Town for purposes of safety, convenience, information, and
welfare of its residents.
2. The restricting of signs and lights which overload the public's capacity to receive information,
which violate privacy, or which increase the probability of accidents by distracting attention or
obstructing vision.
3. To encourage signage and lighting which aid communication, orientation, identify activities,
express local history and character, serve educational purposes for the public good.
4. The reduction of visual and informational conflict among private signs and lighting and between
the private and public information systems.
6.3 Definitions
1. Accessory Sign - A sign that advertises activities, goods, products, or a specific use, owner, or
tenant, available within the building or on the property on which the sign is located, or advertises
the property as a whole or any part thereof for sale or rent.
2. Building Frontage - The length in feet of a ground floor level of a building front or side facing a
street(or facing a right-of-way accessible from a street)that is occupied by an individual business.
3. Dimensional Sign - A non-accessory sign containing no advertising and giving direction to
community (non-commercial) activities, buildings, areas, such as churches, schools, playgrounds,
museums, historical sites, public buildings, etc. Sign not to exceed 12"x30".
4. Display Window Signs - Temporary signs on the surface of or inside display windows, lighted
only by the general building illumination.
5. Erect - Shall mean and include to construct, place, relocate, enlarge, alter, attach, suspend, and
post.
6. Flagpole -A pole erected on a roof, or projecting from a building or structure or on the ground.
7. Freestanding Sign - Shall mean and include any sign not attached to a building or the ground.
8. Ground Sign -Any sign erected on the ground which is self-supported and anchored to the ground.
9. Illuminated Sign - Illuminated sign shall mean any sign illuminated by electricity, or other
artificial light including reflective or phosphorescent light and shall include location of source of
illumination.
10. Marquee - Any sheltering structure of permanent construction projecting from and totally
supported by the wall and/or roof of a building.
11. Non-Accessory Sign -Any sign that is not an accessory sign.
12. Obscene - shall have the meaning as that term is defined in Massachusetts General Laws Chapter
272, Section 1. Massachusetts General Laws, Chapter 272, Section defines "obscene" as follows:
1. appeals to the prurient interest of the average person applying the contemporary
standards of the county where the offense was committed;
2. depicts or describes sexual conduct in a potentially offensive way; and
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3. lacks serious literary, artistic, or political or scientific value.
13. Permanent Sign -Any sign permitted to be erected and maintained for more than sixty(60) days.
14. Primary Sign -The principal accessory sign which may be a wall, roof, or ground sign, as allowed
in Section 6.6.
15. Projecting Sign - Any sign which is attached or suspended from a building or other structure and
any part of which projects more than twelve (12) inches from the wall surface of that portion of the
building or structure.
16. Roof Sign - Any sign erected, constructed, and maintained wholly upon, connected to, or over the
roof or parapet of any building with the entire support on the roof or roof structure.
17. Secondary Sign - Is a wall, roof, or ground sign intended for the same use as a primary sign but
smaller dimensions and lettering, as allowed in Section 6.6.
18. Sign - A sign is any structure, mechanically or electrically driven, still or moving device, light,
letter, figure, word, model, banner, pennant, trade flag, or representation that is designed to be seen
from outside the lot on which it is erected. It advertises activities, goods, places, persons, objects,
institutions, organizations, associations, businesses or events, products, services, or facilities
available either on the property where the sign appears or in some other location. The definition
includes electric signs in windows or doors, but does not include window displays or merchandise.
A sign may be permanent or temporary.
19. Sign Size (Area) - The surface area of any sign is the entire area within a single continuous
perimeter enclosing the extreme limits of lettering, representation, emblems, or other figures,
together with any material or color forming an integral part of the display or used to differentiate
the sign from the background against which it is placed. Structural members bearing no sign copy
shall not be included.
20. Wall Sign - Any sign affixed to, suspended from or painted on a wall, window, marquee, or
parapet.
6.4 Administration and Enforcement
1. Enforcement - The Building Inspector is hereby designated as the Sign Officer and is hereby
charged with the enforcement of this Bylaw.
a. The Sign Officer and his duly authorized agents shall, at reasonable times and upon
presentation of credentials, have the power to enter upon the premises on which any sign is
erected or maintained in order to inspect said sign.
b. The Sign Officer is further authorized, upon notice as herein provided, to order the repair or
removal of any sign which in his judgment is a prohibited non-accessory sign, or is likely to
become dangerous, unsafe, or in disrepair, or which is erected or maintained contrary to this
Bylaw. The Sign Officer shall serve a written notice and order upon the owner of record of the
premises where the sign is located and any advertiser, tenant, or other persons known to him
having control of or a substantial interest in said sign, directing the repair or removal of the
sign within a time not to exceed thirty (30) days after giving such notice. If such notice and
order is not obeyed within such period of time, the Sign Officer and his duly authorized agents
shall, at reasonable times and upon presentation of credentials, have the power to enter upon
the premises on which said sign is erected or maintained and repair or remove, or cause to be
repaired or removed, said sign. All expenses incurred by the Sign Officer and his duly
authorized agents in repairing or removing any sign shall be assessable against any person who
failed to obey said notice and order and shall be recoverable in any court of competent
jurisdiction if not paid within thirty(30) days after written notice of assessment is given by the
Sign Officer at any such person.
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2. Permits:
a. No permanent sign shall be erected, enlarged, or structurally altered without a sign permit
issued by the Building Inspector. Permits shall only be issued for signs in conformance with
this Bylaw. Permit applications shall be accompanied by two (2) prints of scale drawings of
the sign, supporting structure and location. A copy of any relevant special permit shall also
accompany the application. All ground or roof signs shall be registered and identified as
required by Section 1407.0 of the State Building Code.
b. Notwithstanding anything to the contrary in this Bylaw, any permanent sign authorized under
this Bylaw may contain any otherwise lawful, non-commercial message which does not direct
attention to a business or to a service or commodity for sale in lieu of any message or content
described in the applicable regulation.
3. Non-conformance of Accessory Signs:
Any non-conforming sign legally erected prior to the adoption of this provision, may be continued
and maintained. Any sign rendered non-conforming through change or termination of activities on
the premises shall be removed within thirty (30) days of order by the Building Inspector. No
existing sign shall be enlarged, reworded, redesigned, or altered in any way unless it conforms to
the provisions contained herein. Any sign which has been destroyed or damaged to the extent that
the cost of repair or restoration will exceed one-third (1/3) of the replacement value as of the date
of destruction shall not be repaired, rebuilt, restored or altered unless in conformity of this Bylaw.
4. Street Banners or Signs - Street banners or signs advertising a public or charitable entertainment
or event, by Special Permit from the Board of Selectmen. Such a sign shall be removed within
seven(7) days after the event.
6.5 Prohibitions:
1. No sign shall be lighted, except by steady, stationary light, shielded and directed solely at the sign.
Internally lit signs are not allowed.
2. No illumination shall be permitted which casts glare onto any residential premises or onto any
portion of a way so as to create a traffic hazard.
3. No sign shall be illuminated in any residential district between the hours of 12:00 midnight and
6:00 a.m. unless indicating time or temperature or an establishment open to the public during those
hours.
4. No sign having red or green lights shall be erected within sight of a traffic signal unless approved
as non-hazardous by the Chief of Police.
5. No animated, revolving, flashing, or exterior neon sign shall be permitted.
6. No pennants, streamers, advertising flags, spinners or similar devices shall be permitted, except as
allowed by the board of Selectmen.
7. Corner visibility shall not be obstructed.
8. No sign shall be erected, displayed, or maintained upon any rock,tree, fence, or utility pole.
9. No sign shall be erected, displayed, or maintained if it contains any obscene matter.
10. Flags and insignia of any Government when displayed in connection with commercial promotion.
11. No sign shall obstruct any means of egress from a building.
12. Projecting signs are prohibited.
13. Non-accessory signs are prohibited except for directional signs as allowed in Section 6.6, B.
14. No signs shall be attached to motor vehicles, trailers or other movable objects regularly or
recurrently located for fixed display.
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6.6 Permitted Signs (Fee Required)
A. Residence District - Accessory Signs - The following signs are allowed in a residence district as
well as all other districts.
1. Primary wall and roof signs attached to or part of the architectural design of a building shall not
exceed, in total area, more than ten percent (10%) of the area of the dimensional elevation of the
building as determined by the building frontage multiplied by the floor to ceiling height of the
individual business or as specified in applicable sections of the by-law.
2. One (1) sign, either attached or ground indicating only the name of the owner or occupant, street
number and permitted uses or occupations engaged in thereon, not to exceed two (2) square feet in
area. Such sign may include identification of any accessory professional office, home occupation,
or other accessory uses permitted in a residence district. Ground signs shall be set back a minimum
of ten (10) feet from all property lines and a minimum of forty (40) feet from all residential
districts or structures.
3. One (1) sign oriented to each street on which the premises has access, either attached or ground,
pertaining to an apartment development or a permitted non-residential principal use of the
premises, such sign not to exceed ten(10) square feet in area.
4. One (1) unlighted contractor's sign, not exceeding twenty-five (25) square feet in area, maintained
on the premises while construction is in process and containing information relevant to the project.
Such sign shall be removed promptly after completion of the construction.
5. One (1) unlighted identification sign at each public entrance to a subdivision not exceeding twelve
(12) square feet in area;to be removed when the subdivision roadway is accepted by the Town.
6. Ground signs shall be set back a minimum of ten (10) feet from all property lines and a minimum
of forty(40) feet from all residential districts or structures.
7. Off-premises Signs: Only signs pertaining exclusively to the premises on which they are located or
to products, accommodations, services or activities on the premises shall be allowed, except that an
off-premises directional sign, designating the route to an establishment not on the street to which
the sign is oriented, may be erected and maintained within the public right-of-way at any
intersection if authorized by the Board of Selectmen or on private property if granted a special
permit by the Board if Appeals. Such sign shall be authorized only upon the authorizing agency's
determination that such sign will promote the public interest, will not endanger the public safety
and will be of such size, location and design as will not be detrimental to the neighborhood. At
locations where directions to more than one (1) establishment are to be provided, all such
directional information shall be incorporated into a single structure. All such directional signs shall
be unlighted, and each shall be not over four(4) square feet in area.
B. Temporary Signs: Temporary signs shall be allowed as provided below, and provided that they
comply with the following:
(a) Unless otherwise specified in the Bylaw, temporary signs must comply with all applicable
requirements for permanent signs, including issuance of a sign permit.
1. Temporary signs, of not more than twelve (12) square feet in area, erected for a charitable or
religious cause; requires no sign permit and is to be removed within thirty (30) days of erection.
The Building Inspector shall maintain placement controls.
2. One (1) temporary unlighted real estate sign advertising the sale, rental or lease of the premises or
subdivision on which it is erected to be not larger than six(6) square feet; requires no sign permit if
the erecting agent has obtained a one year permit for erecting such sign. (Such sign) to be
removed fourteen(14) days after sale, rental or lease.
3. One (1) temporary unlighted sign not larger than twenty-five (25) square feet indicating the name
and address of the parties involved in construction on the premises.
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4. Temporary signs not meeting requirements for permanent signs may advertise sales, special events,
or changes in the nature of an operation, but shall not otherwise be used to advertise a continuing
or regularly recurring business operation and shall be removed promptly when the information they
display is out of date. The sign(s)must be removed within thirty(30) days of erection.
5. Temporary signs pertaining to a candidate or ballot question appearing on the ballot of an election
duly called in the Town of North Andover shall require no sign permit and shall be allowed in all
zoning districts. Such signs permitted by this Bylaw:
(a) shall only be permitted on private property;
(b) shall not exceed six (6) square feet in area per sign and shall not exceed in aggregate
twenty-four(24) square feet in area per lot;
(c) shall not be higher than three (3)feet above ground level;
(d) shall be stationary and shall not be illuminated;
6. Unless otherwise specified in this Bylaw, temporary signs pertaining to other non-commercial
issues shall require no sign permit and shall be allowed in all zoning districts. Such signs shall be
subject to the limitations set forth in subsection(5) (a)-(e) above.
7. Identification Signs or entrance markers for a church, or synagogue shall not exceed a combined
total of thirty (30) square feet and provided that there shall be no more than two (2) signs allowed
on the premises.
8. Notwithstanding any other provisions of this Bylaw, signs may be erected for posting land;
example, no hunting, no trespassing, etc.
C. Residence Districts: Non-accessory Signs - Directional signs by Special Permit from the Board
of Selectmen, limited as follows:
1. Two (2) signs for each activity, not exceeding 6"x30" in size.
2. Ground signs not exceeding eight(8) feet in height.
D. Business and Industrial Districts: Accessory
All signs permitted in residence districts as provided in Section 6.6(A) and 6.6(B), except that
temporary real estate signs may be as large as twenty-five (25) square feet. Each owner, lessee, or
tenant shall be allowed a primary and a secondary sign. Said sign may be used as ground, wall, or
roof signs. No lot shall be allowed to have more than one (1)ground sign structure.
1. Primary wall and roof signs attached to or part of the architectural design of a building shall not
exceed, in total area, more than ten percent (10%) of the area of the dimensional elevation of the
building as determined by the building frontage multiplied by the floor to ceiling height of the
individual business or as specified in applicable sections of the by-law.
2. One (1) permanent ground sign of not more than twenty-five (25) square feet in area and extending
not more than eight (8) feet above ground level. Larger or taller signs may be allowed by Special
Permit of the Board of Appeals, if said Board determines that the particular sign will not be
incongruous with the district in which it is to be located nor injurious to traffic and safety
conditions therein(1998/31).
3. For premises having multiple occupants, a single sign, either attached or ground, identifying those
occupants. The total area of attached signs including this one, shall not exceed ten percent (10%)
of wall area, and the area of any freestanding sign allowed under this paragraph shall not exceed
twenty-five (25) square feet.
4. Temporary unlighted signs inside windows, occupying not more than twenty percent (20%) of the
area of the window requires no sign permit.
5. No sign shall project more than one (1) foot over any public right-of-way shall be covered by
appropriate liability insurance as determined by the Building Inspector and verified by a certificate
of insurance filed with the Town Clerk.
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6. Service stations or garages may divide the allowed wall sign area into separate, smaller wall signs
indicating separate operations or departments. A freestanding ground identification sign of fifty
(50) square feet with price sign incorporated is allowed.
7. For active fuel dispensing Service Stations, with multiple tenants, on the same lot:
One single free standing ground identification sign of 50 square feet is allowed, which is to include
within the 50 square feet,the identification of the multiple tenants on this same lot. The Service
Station identification/information shall be at least 60%(may be greater) of the total free standing
ground sign. Pricing information, if advertised,to also be within the allotted square footage for
service stations. The maximum height(including pylons) of this free standing ground sign shall be
16 feet from ground level(1998/30).
8. Building directories (if located outside) may be affixed to the exterior wall of a building at each
public entrance. Such directory shall not exceed an area determined on the basis of one (1) square
foot for each establishment occupying the building.
9. Traffic Control orientational and guidance signs located on private property, up to four (4) square
feet in area, displayed for purposes of direction or convenience, including signs identifying parking,
fire lanes, rest rooms, freight entrances and the like.
E. Shopping Centers
1. Signs are permitted in residence districts, except that temporary real estate signs may be as large as
ten(10) square feet.
2. Signs attached to a building or its canopy, parallel with the facade and not projection above the
roof-line, advertising the name of a firm or goods or services available on the premises, provided
that the total area of all signs erected on any wall by any occupant may not exceed twenty percent
(20%) of the portion of the wall area assigned to that occupant. In no case shall any occupant's
sign total more than two hundred(200) square feet facing any single street.
3. For any retailing complex comprising three (3) or more enterprises on a single lot and fifty
thousand (50,000) square feet floor area or more, one (1) ground sign for each street on which the
development fronts, containing the name or other identification of the area occupied by the
complex. Each sign shall be no larger than one hundred (100) square feet. Such sign shall not be
located within ten (10) feet of any property line or the line of any way, and no part of the sign shall
be more than twenty(20) feet above the ground level.
4. Temporary, unlighted signs, inside windows, occupying not more than fifty percent (50%) of the
area of the window requires no sign permit.
F. Office Parks
1. Signs as permitted in residence districts, except that temporary real estate signs may be as large as
ten(10) square feet.
2. One (1) sign for each street upon which the premises has frontage, identifying a subdivision of lots
for office development. This sign shall be no greater than eight(8) feet in height and no larger than
twenty (20) square feet in area except where the property fronts on a high-speed, limited access
highway, in which case a special exception may be granted for a larger sign if required for
legibility.
3. Signs for individual properties or tenants shall be limited to a single sign no larger than three (3)
square feet per tenant. Individual tenants must have Letter of Permission from property owner.
The Board of Appeals may grant a Special Permit for an exception for a larger area where this will
not impair legibility of other signs or be incongruous with the surroundings, based upon
consideration of the number of occupants and signs per building, size of building and integration of
sign and building design.
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G. Industrial Districts
1. Signs as permitted in residence districts, except that temporary real estate signs may be as large as
twenty-five (25) square feet.
2. Signs attached flat against the wall or canopy of a building, or projecting not more than six(6) feet
above such wall, advertising the name of the firm or goods or services available or produced on the
premises; provided that the total area of all such sighs does not exceed twenty percent(20%) of the
area of the side of the building to which they are attached or two hundred (200) square feet,
whichever is less.
2. One (1)ground sign, containing the name or other identification of the use on the
property, for each street on which the property fronts, each sign is limited to an area of one
hundred (100) square feet. Such sign shall not be located closer than forty (40) feet to any
property line or twenty(20) feet above ground level.
H. Guidelines
1. The following are further means by which the objectives for signs can be served.
These guidelines are not mandatory, but degree of compliance with them shall be considered by the
Board of Selectmen, Planning Board, Zoning Board of Appeals in acting upon special permits
authorized by the Zoning Bylaws and by the Building Inspector in issuing a sign permit authorized
under this Section of the Zoning Bylaw.
Efficient Communication:
1. Signs should not display brand names, symbols or slogans of nationally distributed products except
in cases where the majority of the floor or lot on the premises is devoted t manufacture or sale or
other processing of that specific product.
2. Premises chiefly identified by a product name (such as a gasoline or auto brand) should devote
some part of their permitted sign area to also displaying the identity of the local outlet.
3. Signs should not contain selling slogans or other advertising which is not an integral part of the
name or other identification of the enterprise.
4. Sign content normally should not occupy more than forty percent (40%) of the sign background,
whether a signboard or a building element.
5. Signs should be simple, neat and avoid distracting elements, so that contents can be quickly and
easily read.
Environmental Relationship
1. Sign design should take into consideration the scale of the street to which the sign is
oriented and the size, brightness, style, height and colors of other signs in the
vicinity.
2. Sign brightness should not be excessive in relation to background lighting levels, e.g., averaging
not in excess of one hundred (100) foot lamberts in the downtown or similarly bright areas and not
in excess of twenty(20) foot lamberts in unlighted outlying areas.
Building Relationship
1. Signs should be sized and located so as to not interrupt obscure or hide the continuity of columns,
cornices, roof eaves, sill lines or other elements of building structure and where possible, should
reflect and emphasize building structural form.
2. Sign material, colors and lettering should be reflective of the character of the building to which the
sign relates,just as sign size should be related to building size.
3. Clutter should be avoided by not using support brackets extending above the sign or guy wires and
turn buckles.
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Landscaping, Buffering, Lighting
1. In Shopping Centers and Office Parks, landscaping shall be provided and maintained in accordance
with planting approved by the Planning Board and incorporated as part of the plans on which the
Special Permit of the Board of Appeals is based.
2. In all industrial districts, landscaping shall be provided and maintained in front yards and in side
yards abutting public ways for aesthetic reasons to break up lines of buildings and for screening
accessory facilities under the requirements discussed below. Specifically, in all Industrial and
Business Districts, landscape screening shall be provided adjacent to:
a. Abutting existing residential properties; and
b. Abutting limited access highways in addition to the landscaping in front and side yards
mentioned above.
Landscape screening shall consist of planting, including evergreens,the plantings to be of such height depth
as is needed to screen adequately from view from abutting area any unshielded light source, either inside or
outside.
(Section 6 amended May 6, 1996 Annual Town Meeting, Article 21)
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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.
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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 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 non-
conforming 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 that 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;
0 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.
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.
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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.
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
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)
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SECTION 8 SUPPLEMENTARY REGULATIONS
8.1 Off Street Parking
1. Whenever a building is erected, reconstructed, moved or expanded or if a change in use occurs so as to
increase it floor area and/or design capacity,there shall be provided on the same lot with such building or
on a lot contiguous thereto(or within 100 feet thereof)in the same ownership as the parcel containing the
primary use, a sufficient number of open or covered parking spaces to satisfy the requirements of the
following schedule for the new building or increased design capacity of floor area:
2. Where a use is not indicated prior to construction or issuance of building permit,the number of parking
spaces provided shall be the maximum required.
Use Minimum Spaces Required
One or two family residence 2 spaces per dwelling unit.
Multi family residence 2 spaces per dwelling unit. 1 space per dwelling unit
for a unit designed and occupied by the elderly as
defined under government assisted programs.
Congregate Housing 0.75 per dwelling unit (29/'87)
All other places with 1 space per sleeping room for accommodations
including(but not limited to) single or double occupancy, 1 per 2 for
rooming houses,hotels, rooms exceeding Double beds for rooms
motels,hospitals,nursing homes. exceeding double occupancy
Auditoriums,theaters, 1 space per 4 persons based on the design
athletic fields,funeral capacity of the facility.
parlors,day care centers
and other places of assembly.
Restaurants, sit down 1 per 2 seats or 15 per 1000 GFA
restaurants,drive through (Whichever greater applies).
Retail store and service 6 per 1000 square feet GFA except 5 per
establishments. 1000sf GFA in B1,B2, &GB.
Offices 1 space per 300 square feet of GFA.
Medical Offices and 3 Spaces per 1000 square feet
Research facilities GFA plus one space per employee.
Warehousing,Wholesaling,Distributing 1 space per 500 square feet GFA.
Manufacturing,assembly, 1 space per 2 employees in the minimum
Fabrication,etc working shift or 1 space per 1,000 GFA
(Whichever greater applies).
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3. The required parking for any two(2)or more uses or structures may be provided by the allocation of the
total of the various spaces required for each use or structure in a common parking facility, cooperatively
established and operated(1997/30).
4. The regulations of this section shall not apply to non-residential uses or structures whose minimum
parking under the above schedule would amount to five (5)parking spaces or less or residential uses or
structures whose minimum parking would amount to two(2)parking spaces or less.
5. If the Building Inspector is unable to identify a use with one (1) or more of the uses in the above
schedule, application shall be made to the Board of Appeals for the purpose of determining a sufficient
quantity of parking spaces to accommodate the automobiles of all customers, employees, visitors,
occupants,members or clients consistent with the provisions contained in the above schedule.
6. The Board of Appeals may by variance make exceptions to the provisions of this section and , upon a
written request of the owner and after a public hearing, authorize the Building Inspector to issue permits
for buildings and uses having less off-street parking than specified herein, whenever the Board of
Appeals finds that under normal circumstances such lesser off-street parking area would adequately
provide for the needs of all persons using such building. Such exceptions may be limited as to time,use
or intensity of use.
7 A parking space shall mean an area of not less than 9'x 18', accessible over unobstructed driveways not
less that 25'wide.
8. For multi-family dwellings the front yard shall not be used for parking for accessory uses.
9. In all residential districts the front yard shall not be used for parking for accessory uses.
10. In residence districts parking or outdoor storage of one(1)recreational vehicle(camper,etc.)and one(1)
boat per dwelling unit may be permitted in an area to the rear of the front line of the building. All other
recreational vehicle and boat storage(if any)shall be within closed structures.
11. Loading facilities provided for any use shall be sized, located, arranged, and of sufficient number to
allow service by the type of vehicle customarily excepted for the use while such vehicle is parked
completely clear of any public way or sidewalk.
12. In residence districts garaging of off-street parking of not more than four(4)motor vehicles per dwelling
unit may be permitted, of which four (4) motor vehicles, not more than two (2) may be commercial
vehicles other than passenger sedans and passenger station wagons, but not counting farm trucks nor
motor-powered agriculture implements on an agriculturally active farm or orchard on which such
vehicles are parked. Commercial vehicles in excess of one(1)ton capacity shall be garaged or screened
from view of residential uses within three hundred(300)feet by either:
a. A strip at least four(4)feet wide,densely planted with trees or shrubs which are at least four(4)
feet high at the time of planting and which are of a type that may be expected to form a
year-round dense screen at least six(6)feet high within three(3)years,or
b. An opaque wall,barrier, or fence of uniform appearance at least five(5)feet high,but not more
than seven (7) feet above finished grade. Such screening shall be maintained in good condition
at all times, and shall not be permitted to exceed seven feet in height within required side yards.
Such screening or barriers may be interrupted by normal entrances or exits and shall not be
required within ten(10)feet of a street lot line.
Garaging or off-street parking of an additional two (2) commercial vehicles may be allowed by
Special Permit. When it is deemed to be in the public good, parking for additional pleasure
vehicles may be allowed by Special Permit.
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13. Village Commercial Dimensional Parking Requirements
Objective: To produce parking which is aesthetically pleasing, well screened, accessible and broken into smaller
parcels that may directly and adequately service adjacent structures.
a. A minimum of 5% landscaping and green space must be provided for all parking areas. This
5%is not intended to include the buffer zones,but shall include all internal landscaped islands in
the parking areas.
b. No single section of parking may contain more than 25%of the total proposed parking spaces
or more than 50 spaces, whichever is less. As a method of division, 6'wide parking lot islands
shall be installed to provide the proper break between adjacent parking lots. For projects which
require less than 50 spaces in total, the Planning Board may allow 50 spaces to be located
together if an effective visual buffer is provided. Each landscaped island must be 6'in width at
the minimum. In locations where the possibility exists to enlarge the entire island or portions
thereof,the Planning Board would recommend that such measures be taken.
C. In all instances where natural topography lends itself to the screening of these parking areas it
shall be left in its natural state. The Planning Board may at their discretion require additional
screening at the owners expense.
d. Parking lots shall be provided only at the side or to the rear of the buildings. The Planning
Board may, at their discretion, allow up to 50 spaces, or 25%of the total parking,whichever is
greater, to be located to the front of the structure as long as all other dimensional criteria are
adhered to.
e. The Planning Board shall have the discretion to allow between 4 - 6 parking spaces per 1,000
square feet of Gross Floor Area for retail development in the Village Commercial District.
14. One (1) handicapped parking space shall be provided for every twenty(20)parking spaces provided on
site. The handicapped space shall be 12'x 20'and be indicated by a ground mounted sign and pavement
markings.
8.2 Automobile Service Stations and Other Automobile Services
Automobile service and filling stations, automobile repair shops, body shops and painting shops, tire stores,
radiator shops or any of their appurtenances or accessory uses shall not be erected,placed or located within fifty
(50) feet of any residence district or residence structure. In addition, the use or structure shall conform to the
following requirements(in addition to district requirements):
1. The minimum frontage on a street shall be one hundred and fifty(15 0)feet.
2. The maximum width of driveways and curb cuts measured at the street lot line or lines shall be thirty
(30) or barriers may be interrupted by normal entrances or exits and shall not be required with ten(10)
feet of a street lot line.
8.3 Site Plan Review
1. Purpose
a) The purpose of this section is to protect the health, safety, convenience and general welfare of the
inhabitants of the Town by providing for a review of plans for uses and structures which may have
significant impacts, both within the site and in relation to adjacent properties and streets; on
pedestrian and vehicular traffic. This review considers the impact on public services and
infrastructure; environmental, unique and historic resources; abutting properties; and community
character and ambiance.
b) This section of the Zoning Bylaw is adopted pursuant to Chapter 40A, Section 9. All Site Plan
Review applications submitted under the provisions of this section shall be reviewed by the Planning
Board as a Special Permit.
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c) Sites and developments to which this section applies shall comply with the regulations of this section
as well as those other applicable Town Bylaws, or the requirements of the Commonwealth of
Massachusetts,prior to any construction being undertaken in the Town of North Andover.
2. Developments Which Require Site Plan Review
a) Site Plan is required when:
i) Any new building(s)or construction which contains more than two thousand(2,000)square feet
of gross floor area which is undertaken on land within the Town of North Andover or results in
the requirement of five(5)or more new or additional parking spaces;
ii) Any construction which results in the addition of more than two thousand(2,000) square feet of
gross floor area to an existing structure; or results in the requirement of five(5)or more new or
additional parking spaces;
iii) Any construction, site improvements, new uses in existing structures or developments which
contain new processes not normally associated with the existing use and which result in changes
in the potential nuisance to adjacent property; traffic circulation; storm water drainage onto or
off of the site; and/or the application of the parking standards of Section 8.1 indicate the need
for five(5)or more new or additional parking spaces.
iv) The construction of any new wireless service facility on a previously permitted facility as set
fourth in Section 8.9(3)(a)(11)Wireless Service Facilities Use Regulations(1998/38).
b) The following development(s)are exempt from Site Plan Review:
i) Single family dwellmg(s)and two family dwellmg(s);
ii) Small structures or additions which do not exceed two thousand (2,000) square feet of gross
floor area and do not require five(5)or more parking spaces.
iii) Routine repairs and maintenance that do not exceed the provisions of Section(1)(c).
C) Waiver of Site Plan Review
i) When in the opinion of the Planning Board, the alteration or reconstruction of an existing
structure or new use or change in use will not have a significant impact both within the site and
in relation to adjacent properties and streets; on pedestrian and vehicular traffic;public services
and infrastructure; environmental, unique and historic resources; abutting properties; and
community needs,the Planning Board may determine,without a public hearing,that submission
of a site plan review application is not required.
ii) The applicant must request a waiver from Site Plan Review in writing and may be required to
submit supporting documentation that Site Plan Review is not required. The waiver request will
be discussed at a regular session of the Planning Board.
3. Site Alteration-Violation of the Bylaw
b) No building permit, site clearing, filling, grading, material deliveries or construction shall be
initiated on any site which this section applies until Site Plan approval as required by this
section is obtained.
C) Nothing herein shall be construed, however, to prohibit such clearing or altering as may be
necessary for purposes of conducting pre-development studies, such as geotechnical tests, soil
borings,wetlands determination,percolation tests for septic systems as required by the Board of
Health, or other similar test as required in order to fulfill a requirement of any Town Bylaw or
regulations of the Commonwealth.
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4. Procedures
a) The site plan approved by the Planning Board becomes the official development plan for a site
within the Town of North Andover. Town permits are issued or withheld based upon compliance
with the approved site plan. The approved site plan is legally binding and can only be changed or
adjusted in compliance with the provisions contained in Subsection VIII Revisions to Approved Site
Plans.
b) Any proposed development meeting any of the criteria set forth in Subsection II Developments
which require Site Plan Review, shall be subject to Site Plan Review and submit a Special Permit
application to the Planning Board.
c) An applicant for site plan review shall file an application form, fee, eight copies of the site plan, and
any additional information as may be required (See Subsection V Information Required), with the
Planning Department. Once the applicant is deemed complete, the Planning Department will
forward the application to the Town Clerk. An application will not be deemed complete until all
required information and fees are submitted. The time periods set forth in this Zoning Bylaw and
M.G.L. Ch.40A will not start until the application has been deemed complete and submitted to the
Town Clerk.
d) The Planning Board shall have the authority to require that the applicant pay for necessary
professional services required to adequately review and analyze the contents of any site plan or
impact study requested by the Board.
5. Information Required
a) Special Permit Application Form,along with any fees as may be set by the Town Bylaw;
b) Drawings prepared at a scale of one inch equals forty feet (1"=40') or larger, or at a scale as
approved in advance by the Town Planner.
C) All site plans shall be prepared by a certified architect, landscape architect, and/or a civil
engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be
prepared by a certified landscape architect registered in the Commonwealth of Massachusetts.
All building elevations shall be prepared by a certified architect registered in the Commonwealth
of Massachusetts.All plans shall be signed and stamped;
d) The times for submission of the site plans for review by the Planning Board are specified in
Section 10.3 of the Zoning Bylaws(Special Permit Regulations)
e) The following information must be submitted along with the application:
i) NORTH ARROW/LOCATION MAP: A north arrow and a location map showing
surrounding roadways and land uses adjacent to the site (1"=1500'). Location Map
should show at least one intersection of two existing Town roadways.
ii) SURVEY OF LOT/PARCEL: A boundary survey conforming to the requirements of
the Essex County Registry of Deeds Office. The survey shall be dated and include any
revision made to the survey or site plan. Any change in the survey shall be recorded
before site plan approval may be granted.
iii) NAME/DESCRIPTION OF PROJECT: The name of the development and the names,
addresses and telephone numbers of the project listing tenants, land uses, development
phases, or other pertinent information necessary to evaluate the proposed development
plan.
iv) EASEMENTS/LEGAL CONDITIONS: Identification of easement(s) or legal
encumbrances(s)that are related to the sites physical development, and a listing of any
condition(s) placed upon the site by the Board of Appeals, Planning Board,
Conservation Commission, or any public body or agency, with the authority to place
conditions on the sites development.
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v) TOPOGRAPHY: The present and proposed topography of the site, utilizing two foot
(2) contour intervals. The contours shall extend at least fifty(50) feet beyond the site
boundaries by estimation of the professional submitting the plan.
vi) ZONING INFORMATION: All applicable Zoning Bylaw information shall be
provided regarding the site's development. This information shall be placed in a table
and list all parking, setbacks, percent of lot coverage, floor-area-ratio, number of
dwelling units, total amount of square feet, size of signs and any other applicable
zoning information necessary for the proper review of the site plan by the Town
Planner and Planning Board.
vii) STORMWATER DRAINAGE: All storm water drainage control facilities utilized by
the site shall be shown on the site plan. Storm water drainage calculations which
support the design of the control facilities shown the plan shall be submitted to the
Department of Public Works for review and approval. Calculations shall show a
mitigation of run-off to zero of the 2, 10,and 100 year storm event.
viii) BUILDING LOCATION: Identification of all existing and proposed structure(s)
located on the site. The number of stories, overall height in feet and gross floor area in
square feet of all structure shall be indicated.
ix) BUILDING ELEVATION: A drawing of the exterior of the building, as viewed from
the front (street view) must be submitted. The Planning Board may request side and
rear views if relevant to the Board's review. This drawing must be at least 8"x 11" in
size.
x) LOCATION OF PARKING/WALKWAYS: Identification of the location of all
existing and proposed parking and walkways areas, including curb cuts that will be
used to access the site from adjacent roadways,or access points.
xi) LOCATION OF WETLANDS/NOTICE OF INTENT: All resource areas as defined
in M.G.L. Chapter 131, Section 40 and the Town's Wetland Bylaw, shall be shown on
the site plan. The applicant shall file a Notice of Intent with NACC concurrently with
the application to the Planning Board for Site Plan Review.
xii) LOCATION OF WALLS/SIGNS: Identification of the location, height and materials
to be used for all retaining walls and signs located on the site. Signs will be reviewed
using the guidelines set forth in Section 6.7(H)of the Zoning Bylaw.
xiii) LOCATION OF ROADWAYS/DRIVES: Identification of all right-of-ways and
driveways including the type of curb and gutter to be used, and their dimensions.
Distances to all the nearest roadways and/or curb cuts shall be shown for both sides of
any streets which is adjacent to the site.
xiv) OUTDOOR STORAGE/DISPLAY AREAS: Identification of the location and type of
outdoor storage and display areas on the site.
xv) LANDSCAPING PLAN: Identification of the location and landscape schedule of all
perimeter and interior landscaping, including but not limited to proposed paving
materials for walkways, fences, stonewalls and all planting materials to be placed on
the site. In addition, all existing trees over 12 inches DBH, to be saved or removed
shall be shown on the site plan. Any landscaping required by the Town Bylaws shall
be indicated on the site plan in tabular form showing the amount required and the
amount provided.
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xvi) REFUSE AREAS: Identification of the location of each outdoor refuse storage area,
including the method of storage and screening. All refuse areas must be fully enclosed.
xvii) LIGHTING FACILITIES: Identification of the proposed illumination, indicating the
direction and the degree of illumination offered by the proposed lighting facilities,
including an example of the light fixture to be used.
xviii) DRAINAGE BASIN STUDY:A detailed hydrology study for the site. Included in this
study is the proposed storm water run-off rates into the existing drainage system and its
potential down-stream impact on the existing drainage system.
xix) TRAFFIC IMPACT STUDY: Identification of existing traffic levels, along with the
expected traffic impacts to occur based upon the proposed project. Projects which
access state highways, a traffic impact study shall be filed with MEPA concurrently
with the Planning Board review. A copy of the MEPA study shall be filed with the
application to the Planning Board.
xx) COMMONWEALTH REVIEW: Any information required and submitted to any
agency of the Commonwealth, shall be filed with the Planning Board upon the initial
submission of the project for Board review.
xxi) UTILITIES: All utilities, including water line locations, sewer line locations and
profiles,and storm drainage systems;
xxii) FISCAL IMPACT: Projections of costs rising from increased demand for public
services and infrastructure; provisions of benefits from increased tax revenues,
employment and infrastructure improvements; and impacts on adjacent property
values.
xxiii) COMMUNITY IMPACT: Analysis of the project's impact on the surrounding
neighborhood in terms of architectural consistency, pedestrian movement and overall
character; impacts on nearby historic structures or site; and an evaluation of the
proposed project's consistency ad compatibility with existing local and regional plans.
f) If the site plan review application is for the construction of any new wireless service facility on
a previously permitted facility as set fourth in Section 8.9(3)(a)911)Wireless Service Facilities Use
Regulations,the information required by Section 8.9(5)must also be submitted. The SPGA may
grant a waiver from these submittal requirements if it finds that such information is not needed for
a thorough review of a proposed personal wireless service facility(1998/38).
6. Review Criteria/Design Guidelines
a) The following criteria and design guidelines shall be used by the Planning Board in evaluating
the site plan review and all information submitted as part of the application.
i) General
a) Conformance with all appropriate provisions of the Zoning Bylaw.
b) Protection of abutting properties from detrimental site characteristics.
ii) Environmental
a) Protection of unique or important natural,historic or scenic features.
b) Adequacy of proposed methods of refuse disposal.
C) Ability of proposed sewage disposal and water supply systems within and
adjacent to the site to serve the proposed use.
d) Adequacy of the proposed drainage system within and adjacent to the site to
handle the increased runoff resulting from the development.
e) Provision of adequate landscaping, including the screening of adjacent
residential uses, provision of street trees, landscape islands in the parking lot
and a landscape buffer along the street frontage.
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f) Adequacy of the soil erosion plan and any plan for protection of steep slopes,
both during and after construction.
g) Protection of adjacent properties by minimizing the intrusion of lighting,
including parking lot and building exterior lighting.
h) The proposed development must not present a demonstrable adverse impact on
the surrounding area resulting from excessive noise, dust, smoke, or vibration
which are higher than levels now experienced from uses permitted in the
surrounding area.
iii) Design
a) Buildings shall be located with respect to setbacks placement of parking
landscaping and entrances and exits with surrounding buildings and
development.
b) The buildings shall relate harmoniously to each other in architectural style, site
location and building exits and entrances.
C) Screening shall be provided for storage areas, loading docks, dumpsters,
rooftop equipment,utility buildings and similar features.
d) Electric, telephone, cable t.v., and other such lines and equipment must be
placed underground.
e) Demonstrate that the scale, massing and detailing of buildings are compatible
with those prevalent in the surrounding area.
iv) Traffic/Parkmg
a) The location and number of curb cuts shall be minimized to reduce turning
movements,and hazardous exits and entrances.
b) Provision for access to adjoining properties shall be provided as appropriate.
C) Driveways shall be located opposite each other wherever possible.
d) Joint access driveways between adjoining properties shall be encouraged.
e) Internal circulation and egress shall provide for traffic safety, and access to
and from minor streets servicing one family dwellings shall be minimized.
7. Findings of the Planning Board
a) With the concurring vote of four members, of the Planning Board shall either A) approve, B)
approve with conditions,or C)deny a site plan submitted for review.
i) The Planning Board shall approve a site plan with the following conditions are met:
a) The site plan complies with all current Bylaw requirements of the Town,and;
b) The site plan has been submitted in accordance with the regulations and
procedures as outlined in this section and Section 10.31 (Conditions for
Approval of Special Permit.)
ii) The Planning Board shall conditionally approve a site plan when the following
conditions are met:
a) The application needs to go to any Town Board/Department or Commission
for approvals,or requires approvals by any state,and/or federal agency and;
b) The site plan generally complies with Town Bylaw requirements, but requires
minor changes in order to be completely in compliance with the Town Bylaw
regulations.
iii) The Planning Board may deny approval of a site plan for the following reasons:
a) The plan does not include all the materials or information required in this
section, or has failed to adhere to the procedures for Site Plan Review as
outlined in this section,and Section 10.3 (Special Permits),or;
b) The plan as presented is not in compliance with Town Bylaws,or;
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C) The plan has been drawn incorrectly or in such form that the Planning Board
is unable to determine what information is being presented for review,or;
d) The applicants have failed to incorporate and adhere to any condition(s) for
approval granted by any Town Board, Department or Commission, or
requirements called for by any state or federal agency, which has proper
authority upon which to place conditions on a matter before the Planning
Board.
iv) The Planning Board shall render a decision within ninety (90) days of the public
hearing and shall file its written decision with the Town Clerk's office and other
appropriate parties in accordance with the provisions of M.G.L. Ch. 40A.
v) The applicant shall be responsible for filing a copy of the decision at the Registry of
Deeds. Prior to the issuance of a building permit,the applicant shall present evidence
of such recording to the Building Inspector.
vi) For the purpose of securing the performance of all proposed work, including
landscaping and off-site improvements, the Planning Board may require security
submitted in the form of a check made out to the Town of North
vii) Andover in an amount determined by the Board to be sufficient to cover the cost of all
or any part of the improvements required. The check will then be placed in an interest
bearing account and will be released upon the completion of the project. The Board,at
its discretion, may release partial amounts of the security at certain stages of
construction.
8. Revisions to Approved Site Plan
a) Any revisions to a development that has secured site plan approval shall be submitted to the
Town Planner for review. No revisions shall be approved until the Town Planner receives three
(3) copies of the revised plan and the revisions placed on the plan fall into the following
categories:
i) A change of location and layout of any parking area(s), signs, storage or accessory
buildings,provided that no Town Bylaws are violated by the change;
ii) The change in the proposed landscaping plan which does not violate any Town Bylaw;
iii) A change of egress and ingress provided the same is in compliance with Town Bylaws
and the requirements of the Commonwealth.
b) The revisions cited above may be completed without further review by Planning Board, upon
approval by the Town Planner. The Town Planner may determine that the revisions as shown
do not fall into the categories outlined in this subsection, and that the proposed revisions are in
fact substantial and call for materially different site plan than approved by the Planning Board
in that changes are called for in the type, location and manner of the facilities and site
improvements to be constructed and shown in the approved site plan.
C) If the revisions are determined to be substantial and materially different by the Town Planner,
the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in
accordance with the provisions of this section.
(Section 8.3 rewritten and reorganized May 6, 1996 Annual Town Meeting,Article 20)
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8.4 Screening and Landscaping Requirements for Off-Street
Commercial and Industrial Districts(1987/12)
For all commercial and industrial districts the following minimum screening and landscaping requirements shall
apply for all off-street lots with more than 6 parking spaces, or in any instance when a commercial or industrial
off-street parking area of any size abuts a residential district.
1. A strip of land at least six (6) feet wide (may be part of required yard setbacks) with trees or shrubs
densely planted,to create at least an impervious screen, at least four(4) feet high at the time of planting
and which are of a type that may be commonly expected to form a year round impervious screen at least
five(5)feet high within three years.
2. If a natural screen as described in item 1 above cannot be attained, a wall or fence of uniform
appearance at least five(5)feet high above finished grade will be allowed. Such a wall and/or fence may
be perforated,provided that not more than 25%of the face is open.
3. All required screening, as described in items 1 and 2 above, shall be maintained in good condition at all
times. Such screening may be interrupted by entrances or exits, and shall have no signs attached thereto
other than those permitted in the district.
For all off-street parking areas of 20 or more spaces the following criteria shall also apply.
4. On at least three sides of the perimeter of an outdoor parking lot, there shall be planted at least one tree for
every thirty(30) linear feet. In the interior part of an outdoor parking lot where two rows of parking spaces
containing a total of 10 or more parking spaces face each other, a landscaped open space not less than 6 feet
in width shall be provided. The landscaped strip may be provided either; 1) between the rows of parking
spaces parallel to the aisle or, 2) in two or more strips parallel to the spaces and extending from the aisle
serving one row of spaces to the aisle serving the other row of spaces,as illustrated below.
Trees required by this section shall be at least 3.5 inches in diameter at a height four feet above the ground at
time of planting and shall be of a species characterized by suitability and hardiness for location in parking lot.
To the extent practicable, existing trees shall be retained and used to satisfy this section. The following
graphics are intended as illustrations and examples only and have not been incorporated into the requirements
of this Bylaw. (See graph after Tables and Footnotes at end of Bylaw).
5. All artificial lighting used to illuminate any commercial or industrial parking lot,loading bay or driveway
shall have underground wiring and shall be so arranged that all direct rays from such lighting falls
entirely within the parking, loading or driveway area, and shall be shielded or recessed so as not to shine
upon abutting properties or streets.
Village Commercial Dimensional Requirements
In the Village Commercial Zoning District the following requirements shall be adhered to. The following
requirements are only to be placed upon the Village Commercial Zoning District and shall take the place
of the proceeding regulations found in paragraph 1-5.
Screening
Objective: Due to the high aesthetic standards to which the architecture shall be made to conform, the main
purpose of the screening shall be to screen the parking and other accessory structures which may be a part of the
development. The Planning Board may require any additional screening as may be reasonably required.
a. All buffer zones must be designed by a registered landscape architect, or other professional as
approved by the Planning Board.
b. The Planning Board recommends that materials to be used in the buffer include but not limited
to the following material:
Natural/existmg vegetation, natural topography, berms, stone walls, fences, deciduous and
coniferous shrubs/trees, perennials, annuals, pedestrian scale walkways, gazebos and other
landscape material as it addresses the aesthetic quality of the site.
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The final approval of all material used within the buffer zone shall be at the discretion of the
Planning Board.
C. Parking lots containing 10 or more spaces shall be required to provide one tree for every five
spaces. All trees shall be a deciduous mix of at least 2.5 inch caliper when planted. Native
trees and shrubs shall be planted wherever possible, in order to capture the "spirit of the locale"
through indigenous species (such as lilac, viburnum, day lilies, ferns, red twig dogwood, oak,
maple, sycamore, linden, hawthome, birch, shadbush, etc.). In instances where healthy plant
material exists on the site prior to its development, in part or in whole, for purposes of off street
parking or other vehicular use areas,the Planning Board may adjust the application of the above
mentioned standards to allow credit for such plant material if, in its opinion, such an adjustment
is in keeping with and will preserve the intent of these standards.
8.5 Planned Residential Development(PRD)
1. Purposes: The purpose and intent of the regulations contained in this section are to promote the public
health, safety and general welfare of the citizens of the Town by providing for the following goals:
a. To promote the more efficient use of land in harmony with its natural features;
b. To encourage the preservation of open space;
C. To protect water bodies and supplies, wetlands, floodplains, hillsides (1994/40), agricultural
lands,wildlife,and other natural resources;
d. To permit greater flexibility and more attractive, efficient and economical design of residential
developments;
e. To facilitate economical and efficient provision of utilities;
f. To meet the town's housing needs by promoting a diversity of housing types.
2. Applicability: An application for a Planned Residential Special Permit (PRD) shall be allowed for
parcels of land in the R-1, R-2, and R-3 Districts in accordance with the standards set forth in this
section. An application for a Planned Residential Development Special Permit shall be deemed to satisfy
the requirements for Site Plan Review.
2. Permit Authority: The Planning Board shall be designated as the Special Permit Granting Authority,and
shall grant special permits for PRD's consistent with the procedures and conditions set forth in this
section as well as in Sections 10.3 and 10.31 (Special Permits)of this Bylaw.
4. Procedure for Approval:
Preliminary Plan
The applicant must submit a preliminary plan per Section 6(G) (1994/40) and schedule pre-application
conference to discuss the proposed PRD with the Planning Board before the submission of the final special permit
application and supporting documents,to the Board for review in a public hearing.
Final Plan Submittal
The applicant shall follow the procedures and standards contained in this section and Section 10.3 (Special
Permit)in submitting a set of final plans to the Planning Board for review.
5. Information Required: Any applicant who desires a special permit under requirements of this section
shall submit an application in writing in such form as the Planning Board may require which shall
include at the minimum the following:
A. Development Statement: Which shall consist of a petition; a list of the parties of interest with
respect to the PRD parcel and any parcel proposed to be used pursuant to the subsection 5a
below. A list of the development team and a written statement meeting the requirements of a
site evaluation statement under the Subdivision Rules and Regulations of the Planning Board;
and setting forth the development concept and the specific requirements of the Zoning Bylaw
within a table which includes the following information:
1. The number of units,
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2. Type size(number of bedrooms),
3. Floor area,
4. Ground coverage,
5. Summary showing open space as percentages of the total area of the PRD tract,
6. Development schedule for all site improvements.
a. Copies of the proposed instruments to be recorded with the plans including the
Usable Open Space perpetual restriction, which shall be deeded to a
membership corporation, non-profit organization, trust, public agency, or the
Town of North Andover.
b. Development plans bearing the seal of a Massachusetts Registered Architect,
Registered Civil Engineer or similar professional as appropriate and consisting
of
1. Subdivisions -All plans shall be drawn at a scale of 1"=40' showing
all site improvements and meeting, to the extent applicable, the
requirements set forth for a Definitive Plan in the Subdivision Rules
and Regulations of the Planning Board and; Site Plans - Plans
submitted shall meet the requirements contained in Section 8.3 (Site
Plan Review)to the extent applicable.
B. Review by Other Town Departments: The Planning Board shall within ten days of receipt of an
application under this section, refer the application to the Conservation Commission, Public Works
Department, Board of Health, Building Inspector, Police Department, and Fire Department for written
reports and recommendations. No decision shall be made until such reports, are returned or thirty-five
days have elapsed following such referral without receipt of such report.
C. Findings of the Planning Board: The Planning Board may issue a special permit under this section only
if the Planning Board finds that the PRD is in harmony with the general purpose and intent of this section
and Section 10.3 (Special Permit)and that the PRD contains residential development and open space in a
variety to be sufficiently advantageous to the Town and meets the purpose and intent of this section,
which renders it appropriate to depart from the requirements of this bylaw otherwise applicable to the
Zoning District in which the PRD parcel is located.
If a special permit is granted, the Planning Board may impose a condition thereof that installation of
municipal services and construction of roadways within the PRD shall comply with the requirements of
the Subdivision Rules and Regulations of the Planning Board.
Further,the Regulations of the Planning Board may require sufficient security to ensure compliance with
the Subdivision Rules and Regulations, planned recreation facilities and site amenities; and may impose
additional safeguards pertaining to public safety,welfare and convenience.
6. Development Standards:
A. Allowable Parcel Size: For each application filed for a special permit under this section, the
applicant must have a contiguous parcel of land, in single or consolidated ownership at the time
of application,which is at least ten(10)acres in size.
B. Allowable Uses: The following principal uses are allowed in a Planned Residential
Development:
1. Single family detached houses;
2. Residential structures with up to five dwelling units per structure, utilizing common
wall construction;
3. Church or other religious purposes;
4. Agriculture on parcels greater than five(5)acres;
5. Public parks;
6. Conservation area or land preserved as permanent open space;
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7. Membership clubs for the exclusive use of the residents of the development.
C. Dimensional Regulations: Site Plans
- Minimum Lot Size: Not Required
- Lot Frontage: Not Required
- All Yard Setbacks: Not Required
- Height Limitation: 30'or 2.5 stories
- Distance Between Structures: 50'
- Buffer Zone: 50' from the parcel boundary to any structure located within a PRD
Development. Said buffer shall remain open without pavement or roadway(s) and left
in its natural condition.
D. Dimensional Regulations: Subdivisions
- Minimum Lot Size: R-1 and R-2 21,780 square feet;R-3 12,500 square feet
- Lot Frontage: 100'all zoning districts
- All Yard Setbacks: 20'(1)
- Height Limitation: 30'and 2.5 stories
- Buffer Zone: (1993/33) A fifty-foot(50')border from the parcel boundary running the
full length of the perimeter of the parcel. No structure shall be built within the Buffer
Zone. The Buffer Zone shall remain in its natural state except;
1. trees and/or shrubs may be added to improve the buffer characteristic of the
Zone,and
2. roadways perpendicular or nearly perpendicular to the Zone may be installed
to access the Site, if approved as part of this PRD Special Permit granted be
the Planning Board. Such roadways shall be minimized within the context of
sound subdivision planning practices.
1. The structure may be placed upon a side lot line without a side yard setback, provided that the
adjacent lot to which the zero setback is located has the required side yard setback.
E. Parking Requirements: For all Planned Residential Development off-street parking shall be provided as
required by Section 8.1 (Off-Street Parking).
F. Usable Open Space: Usable Open Space shall be defined as the part or parts of land within the PRD
which are reserved for permanent open space. This space shall exclude parking areas, but include
required setbacks and walkways. The usable open space shall be open an unobstructed to the sky;
however; trees, planting, arbors, flagpoles, sculptures, fountains, swimming pools, atriums, outdoor
recreational facilities and similar objects shall not be considered obstructions.
1. For subdivision PRD's the minimum usable open space requirements shall be 35%of the total
parcel area; and no more than 25%of the total amount of required usable open space shall be
wetland.
2. For site planned PRD's,the minimum usable open space requirements shall be 50%of the total
parcel area;and no more that 25%of the total required usable open space shall be wetland.
All resource area shall be determined by the requirements of M.G.L. Chapter 131, Section 40, and the
Town's Wetland Bylaws under this subsection.
For all PRD's the Usable Open Space shall be owned in common by and readily accessible to the owners
of all the units in the PRD by any of the following groups:
1. A non-profit organization or trust whose members are all the owners and occupants of the units,
2. Private organization including but not limited to the Trustees of Reservations or Essex County
Greenbelt Association whose primary function is preservation of open space,
3. The Town of North Andover,
4. Any group as indicated by the Planning Board which exists or is created for the purpose of
preserving open space for the owners of the units located in a PRD Project.
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Further, a perpetual restriction of the type described in M.G.L. Chapter 184, Section 31, (including
future amendments thereto and corresponding provisions to future laws)running to or enforceable by the
Town shall be recorded in respect to such land. Such restriction shall provide that the Usable Open
Space shall be retained in perpetuity for one or more of the following uses: conservation, agriculture, or
recreation.
Such restriction shall be in such form and substance as the Planning Board shall prescribe and may
contain such additional restrictions on development and use of the Usable Open Space as the Planning
Board may deem appropriate.
G. Calculation of Allowable Residential
Except as noted in Subsection H below,the maximum number of buildable lots in a PRD will be equal
to the number of buildable lots which would result from an approved conventional subdivision plan. In
order to determine the residential density of a PRD, the applicant must submit to the Planning Board a
plan which:
1. meets the criteria of a Preliminary Subdivision Plan as defined in Section 3(b)of the"Rules and
Regulations Governing the Subdivision of Land,North Andover,Massachusetts"in effect at the
time of plan submittal,
2. is fully compliant with the"Zoning Bylaw"in effect at the time of plan submittal,and
3. requires no zoning variances.
The Planning Board will use this plan to determine the maximum number of buildable lots. (1994/40)
H. Density Bonuses
1. Affordable Housing Bonus
For all PRD's the total number of allowable lots and/or dwelling units may be increased up to
20%if the developer designates at least 30%of the total number of units for use in conjunction
with one or more state or federal housing assistance programs.
However, in the instance where the use of federal or state programs are not available to the
Housing Authority, the Planning Board, after consultation with the Housing Authority, may
propose alternative methods of attaining the Affordable Housing Bonus.
The developer shall certify, in writing to the Planning Board that the appropriate number of
dwelling units have been set aside and conveyed to the North Andover Housing Authority (or
other actions are required), before the Planning Board shall grant any special permit with
density bonus provisions.
Further, the developer shall be responsible to work with the North Andover Housing Authority
to initiate and conclude occupancy of said units within one year of their completion. Failure to
do so shall be deemed a violation of the special permit criteria.
The granting of this bonus density shall not exempt the proposed development from any other
criteria required by this section or regulation contained in the Town Bylaws.
2. Open Space Bonus
For multi-family PRD's, the total number of allowable dwelling units maybe increased up to
10%if the proposed PRD provides sixty-five percent(65%)usable open space consistent with
the definition of usable open space as provided in this section. The granting of this bonus
density shall not exempt the proposed development from any other criteria required by this
section.
3. Maximum Density
Proposed PRD's may utilize both bonus provisions, i.e. affordable housing and open space;
however, the granting of bonus densities shall not exempt the proposed development from any
other criteria required by this section.
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8.6 Satellite Receiver Discs(1987/83)
To restrict the erection and/or installation of satellite microwave receiver discs in residential districts to a ground
level area,to the rear of the rear line of the building,within the side boundary lines of the same building so that it
is out of sight from the street.
[Note: 8.7 Growth Management deleted May 2004 per Article 39.] (2004/39)
Section 8.8 Adult Use Zone
The Adult Use Zone is herein established as an overlay district and shall be superimposed on the other districts
established by this Bylaw. The requirements enumerated for this Adult Use Zone shall be in addition to, rather
than in place of,the requirements of the other districts. Adult uses may be allowed by Special Permit in the Adult
Use Zone,as described below. Adult uses shall be prohibited at any other location in the Town.
The following regulation shall apply to Adult Uses as defined in Section 2 of this Bylaw.
1. Boundaries: Boundaries of the Adult Use Zone are shown on the Zoning Map and shall include the
following parcels as identified on the 1995 Assessor's Map: Map 34 Parcels 27 and Map 77 Parcels 3,
12, 13, 14& 17.
Map 34 Parcel 27
Northerly 250' +/- by Holt Road
Easterly 340' +/-by Lot 2
Southerly 240' +/-by City of Lawrence Airport
Westerly 330' +/-by Lot 4;
Map 77 Parcel 13
Northerly 100' +/-by Holt Road
Easterly 370' +/-by Lot 4
Southerly 130' +/-by Parcel 3
Westerly 400' +/-by Clark Street
Map 77 Parcel 14
Northerly 245' +-by Holt Road
Easterly 330' +/-by Lot 3
Southerly 250"+/-by Parcel 3
Westerly 370' +/-by Lot 7
Map 77 Parcel 3
Northerly by 410' +/-by Lots 3,4,and 7
Easterly 250' +/-by City of Lawrence Airport Comm.
Southerly 465 +/-by City of Lawrence Airport Comm.
Westerly 460' +/-by Clark Street
Map 77 Parcel 12(3 sided lot)
Northerly 410"+/-by Parcel 17
Easterly 270' +/-by Clark Street
Southerly 285' +/-by City of Lawrence Airport Comm.;and
Map 77 Parcel 17
Northerly 120' +/-by City of Lawrence Airport Comm.
Easterly 210"+/-by Clark Street
Southerly 410"+/-by Parcel 12
Westerly 590'+\-by City of Lawrence Airport Comm.
2. Separation Distances:Adult uses may not be located:
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a) within five hundred feet(500') of the property line of any Residential Zoning Districts, church,
school,park,or playfield.
b) within five hundred feet(500')of other adult use as defined herein;
C) within three hundred feet(300')of any establishment licensed under MGL Ch. 138, Sec. 12.
3. Maximum Usable Floor Area: With the exception of an adult cabaret or an adult motion picture theater
adult uses may not exceed three thousand five hundred(3,500)square feet of useable floor area.
4. Parking Requirements: The following parking requirements shall apply:
a) Parking shall be provided in the side or front yard only.
b) All parking areas shall be illuminated,and all lighting shall be contained on the property.
C) Parking areas shall be landscaped in conformance with the appropriate provisions of the zoning
by-law.
Screening and buffering: At a minimum, a five (5) foot wide landscaped buffer shall be provided along the side
and rear property lines of an adult use establishment consisting of evergreen shrubs or trees not less than five(5)
feet in height at the time of planting,or a solid fence not less than six(6)feet in height.
5. All building openings, entries and windows shall be screened in such a manner as to prevent visual
access to the interior of the establishment by the public.
6. No adult use shall be allowed to display for advertisement or other purpose any signs, placards or other
like materials to the general public on the exterior of the building or on the interior where the same may
be seen through glass or other like transparent material any sexually explicit figures or words as defined
in M.G.L. Sec. 31 Ch. 272.
7. Application information: The application for a special permit for an adult use establishment must include
the following information:
a) Name and address of the legal owner of the establishment, and of the legal owner of the
property;
b) Name and address of all persons having lawful equity or security interests in the establishment;
C) Name and address of the manager;
d) Number of employees;
e) Proposed provisions for security within and without the establishment;
f) The physical layout of the interior of the establishment.
8. Special Permit Granting Authority: The Zoning Board of Appeals shall be the Special Permit Granting
Authority.
9. No adult use special permit shall be issued to any person convicted of violating the provisions of MGL
Ch. 119, Sec. 63,or MGL Ch. 272, Sec. 28.
10. An adult use special permit shall only be issued following a public hearing held within sixty-five (65)
days after the filing of an application with the special permit granting authority, a copy of which shall
forthwith be given to the Town Clerk by the applicant.
11. Special permits for adult uses shall be granted only upon the determination by the Special Permit
Granting Authority that the location and design of the facility are in harmony with its surroundings, and
that adequate safeguards exist through licensing or other means to assure on a continuing basis that
activities therein will not be patently contrary to prevailing standards of adults in the community and will
not involve minors in any way.
12. Any section of this by-law, or portion thereof, declared invalid shall not affect the validity or application
of the remainder of the by-law.
(Section 8.8 created and approved May 6, 1996 Annual Town Meeting,Article 22)
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Section 8.9 Wireless Service Facilities
1) Purpose
a) It is the express purpose of this Bylaw to minimize the visual and environmental impacts as well as
any potential deleterious impact on property value, of wireless service facilities upon properties
located within the Town or adjacent thereto. No wireless service facility shall be placed,
constructed or modified within the Town without first obtaining site plan approval from the Special
Permit Granting Authority (SPGA). The Planning Board shall be the Special Permit Granting
Authority for the issuance of a special permit to allow the placement, construction and
modification of wireless service facilities within the town. This bylaw is intended to be used in
conjunction with other regulations adopted by the Town, and other zoning and general bylaws
designed to encourage appropriate land use, environmental protection, preservation of the rural
character and the provision of adequate infrastructure development in North Andover.
b) The regulation of wireless service facilities is consistent with the purpose of the North Andover
Zoning Bylaw and planning efforts at the local government level to further the conservation and
preservation of developed, natural and undeveloped areas, wildlife, flora and habitats for
endangered species; protection of the natural resources of North Andover, enhancement of open
space areas and respect for North Andover's rural character.
2) Definitions:
a) Above Ground Level (AGL). A measurement of height from the natural grade of a site to the
highest point of the structure.
b) Above Mean Sea Level (AMSL). A uniform point from which height above sea level (or zero
elevation) can be measured.
c) Antenna. The surface from which wireless radio signals are sent and received by a wireless service
facility.
d) Camouflaged. A wireless service facility that is disguised, hidden, part of an existing or proposed
structure or placed within a preexistent or proposed structure is considered to be "camouflaged."
e) Carrier. A company that provides wireless services.
f) Co-location. The use of a single mount on the ground by more than one carrier (vertical co-
location) and/or several mounts on a preexistent building by more than one carrier.
g) Cross-polarized (or dual-polarized) antenna. A low mount that has three panels flush mounted
or attached very close to the shaft.
h) Elevation. The measurement of height above mean sea level.
i) Environmental Assessment (EA). An EA is the document required by the Federal
Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a
wireless service facility is placed in certain designated areas.
j) Equipment Shelter. An enclosed, structure, cabinet, shed or box at the base of the mount within
which are housed batteries and electrical equipment.
k) Functionally Equivalent Services. Cellular, Personal Communication Services (PCS), Enhanced
Specialized Mobile Radio,Specialized Mobile Radio and Paging.
1) GPS. Ground Positing System by satellite location of antennas.
m) Guyed Tower. A lattice tower that is tied to the ground or other surface by diagonal cables.
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n) Lattice Tower. A type of mount that is self-supporting with multiple legs and cross bracing of
structural steel.
o) Licensed Carrier. A Company authorized by the FCC to construct and operate a commercial
mobile radio service system.
p) Monopole. The type of mount that is self-supporting with a single shaft of wood steel or concrete
and a platform(or racks) for panel antennas arrayed at the top.
q) Mount. The structure or surface upon which antennas are mounted, including the following four
types of mounts:
(1) Roof Mounted: Mounted on the roof of a building.
(2) Side-mounted: Mounted on the side of a building
(3) Ground-mounted: Mounted on the ground.
(4) Structure-mounted: Mounted on a structure other than a building.
r) Omnidirectional (whip) antenna. A thin rod that beams and receives a signal in all directions.
s) Panel Antenna. A flat surface antenna usually developed in multiples.
t) PCS. Communications Services. These are broadband radiowave systems that operate at a radio
frequency in the 1850 - 1900 megahertz range.
u) Radiofrequency (RF) Engineer. An engineer specializing in electric or microwave engineering,
especially the study of radio frequencies.
v) Radiofrequency Radiation (RFR). The emissions from wireless service facilities as defined in the
FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation(FCC
Guidelines) or any other applicable FCC guidelines and regulations.
w) Security Barrier. A locked impenetrable wail, fence or berm that completely seals an area from
unauthorized entry or trespass.
x) Separation. The distances between one array of antennas and another array.
y) Utility. A system of wires or conductors and supporting structures that functions in the
transmission of electrical energy or communication services (both audio and video)between
generating stations, sub-stations, and transmission lines or other utility services.
z) Wireless Service Facility. Facilities used for the principle purpose of commercial or public
wireless communications uses, such as cellular telephone services, enhanced specialized mobile
radio services, microwave communications, wireless communications services, paging services and
the like, as defined in Section 704 of the Federal Telecommunications Act of 1996, as amended.
Such facilities shall include towers, antennae, antennae support structures, panels, dishes and
accessory structures.
aa) Wireless Services. The three types of services regulated by this Bylaw: commercial mobile radio
services, unlicensed wireless services, and common carrier wireless exchange access services.
3) District Regulations
a) Use Regulations: A wireless service facility shall require a building permit in all cases and may be
permitted as follows:
i) The carrier must demonstrate that the facility is necessary in order to provide adequate service
to the public.
ii) A wireless service facility may locate as of right on any existing guyed tower, lattice tower,
monopole or electric utility transmission tower for which a special permit issued under this
Section 8.9 is in effect, provided that the new facility shall first obtain site plan review
approval from the Planning Board and, provided further that any new facility shall not exceed
the terms and conditions of the special permit in effect for the existing facility on which it is to
be located.
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iii) No wireless service facility shall be located in the Town except upon issuance of a special
permit in accordance with Section 10.3 of this Bylaw. Such a facility may be located in any
zoning district in the Town, provided that the proposed facility satisfies all of the requirements
set forth in this Bylaw.
b) Location: Applicants seeking approval for wireless service facilities shall comply with the
following:
i) If feasible, wireless service facilities shall be located on preexistent structures, including but
not limited to buildings or structures, preexistent telecommunications facilities, utility poles
and towers, and related facilities, provided that such installation preserves the character and
integrity of those structures. In particular, applicants are urged to consider use of preexistent
telephone and electric utility structures as sites for one or more wireless service facilities. The
applicant shall have the burden of proving that there are no feasible preexistent structures upon
which to locate.
ii) If the applicant demonstrates to the satisfaction of the SPGA (Special Permit Granting
Authority)that it is not feasible to locate on a preexistent structure, wireless service
iii) facilities shall be camouflaged to the greatest extent possible, including but not limited to: use
of compatible building materials and colors, screening, landscaping, with natural and/or
artificial plantings (as indicated through site plan review), and placement within trees.
iii) The applicant shall submit documentation of the legal right to install and use the proposed
facility mount at the time of application for a building permit and/or Special Permit.
c) Dimensional Requirements: Wireless service facilities shall comply with the following
requirements:
i) Height, General Regardless of the type of mount, wireless service facilities shall be no higher
than ten feet above the average height of buildings within 300 feet of the proposed facility. In
addition, the height of a wireless service facility shall not exceed by more than 10 feet the
height limitations of the zoning district in which the facility is proposed to be located, unless
the facility is completely camouflaged such as within a flagpole, steeple, chimney, or similar
structure. Wireless service facilities may locate on a building that is legally non- conforming
with respect to height, provided that the facilities do not project above the existing building
height.
ii) Height, Ground-Mounted Facilities Ground-mounted wireless service facilities shall not
project higher than ten feet above the average building height or, if there are no buildings
within 300 feet, these facilities shall not project higher than ten feet above the average tree
canopy height, measured from ground level (AGL). If there are no buildings within 300 feet of
the proposed site of the facility, all ground-mounted wireless service facilities shall be
surrounded by dense tree growth to screen views of the facility in all directions. These trees
may exist or may be planted on site.
iii) Height, Side-and Roof-Mounted Facilities Side-and roof-mounted wireless service facilities
shall not project more than ten (10) feet above the height of an existing building or structure
nor project more than ten (10) feet above the height limit of the zoning district within which the
facility is located. Wireless service facilities may locate on a building that is legally non-
conforming with the respect to height, provided that the facilities do not project above the
existing building height.
iv) Height, Preexistent Structures (Utility) New antennas located on any of the following
structures existing on the effective date of this bylaw shall be exempt from the height
restrictions of this bylaw provided that there is no increase in height of the existing structure as
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a result of the installation of a wireless service facility: Water towers, guyed towers, lattice
towers, fire towers and monopoles.
v) Setbacks All wireless service facilities and their equipment shelters shall comply with the
building setback provisions of the zoning district in which the facility is located. In addition,
the following setbacks shall be observed.
(1) In order to ensure public safety, the minimum distance from the base of any ground-
mounted wireless service facility to any property line, shall be 2x the height of the
facility/mount, including any antennas or other appurtenances. This set back is considered
the "fall zone". A minimum setback of 600 feet shall be required for all wireless devices,
antenna and their mounting structures, whether attached to a new or existing structure, as
measured from the adjacent property line of properties which are either zoned for, or
contain, residential and or educational uses of any types.
(2) In the event that a preexistent structure is proposed as a mount for a wireless service
facility, the setback provisions of the zoning district shall apply. In the case of the
preexistent non-conforming structures, wireless service facilities and their equipment
shelters shall not increase any non-conformity.
4) Design Standards
a) Visibility/Camouflage Wireless service facilities shall be camouflaged as follows
i) Camouflage by Existing Buildings or Structures
(1) When a wireless service facility extends above the roof height of a building on which it is
mounted, every effort shall be made to conceal the facility within or behind preexistent
architectural features to limit its visibility from public ways. Facilities mounted on a roof
shall be stepped back from the front facade in order to limit their impact on the building's
silhouette.
(2) Wireless service facilities which are side-mounted shall blend with the preexistent
building's architecture and, if over 5 square feet, shall be shielded with material which is
consistent with the design features and materials of the building.
ii) Camouflage by Vegetation. If wireless service facilities are not camouflaged from public
viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense
tree growth and understory vegetation in all directions to create an effective year-round visual
buffer. Ground-mounted wireless service facilities shall provide year-round vertical evergreen
vegetated buffer of 50 feet, or 75%of the overall height of the structure, in all directions. Trees
and vegetation may be existing on the subject property or installed as part of the proposed
facility or a combination of both. Vegetation should be natural in appearance and consistent
with surroundings.
iii) Color
(1) Wireless service facilities, which are side-mounted on buildings, shall be painted or
constructed of materials to match the color of the building material directly behind them.
(2) To the extent that any wireless service facilities extend above the height of the vegetation
immediately surrounding it,they must be painted in a light gray or light blue hue which
blends with sky and clouds
iv) Equipment Shelters Equipment shelters for wireless service facilities shall be designed
consistent with one of the following design standards:
(1) Equipment shelters must be located in underground vaults; or
(2) designed consistent with traditional materials, color and design of the area, or
(3) camouflaged behind an effective year-round landscape buffer, equal to the height of the
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proposed building, and/or wooden fence acceptable to the permitting authority
b) Lighting and signage
i) Wireless service facilities shall be lit only if required by the Federal Aviation Administration
(FAA). Lighting of equipment structures and any other facilities on site shall be shielded from
abutting properties. There shall be total cutoff of all light at the property lines of the parcel to
be developed, and foot-candle measurements at the property line shall be 0.0 initial foot-
candles when measured at grade.
ii) Signs shall be limited to those needed to identify the property and the owner and warn of any
danger. No tower or other facility shall contain any signs or other devices for the purpose of
advertisement. All signs shall comply with the requirements of Section 6; Signs and Outdoor
Lighting Regulations of this bylaw.
iii) All ground mounted wireless, service facilities shall be surrounded by a security barrier and
shall be protected against unauthorized climbing or other access by the public.
c) Historic Buildings
i) Any wireless service facilities located on or within a historic structure shall not alter the
character-defining features, distinctive construction methods, or original historic materials of
the building.
ii) Any alteration made to a historic structure to accommodate a wireless service facility shall be
fully reversible.
iii) Wireless service facilities within an historic district shall be concealed within or behind
existing architectural features, or shall be located so that they are not visible from public roads
and viewing areas within the district.
iv) The Historic District Commission must review all appropriate facilities.
d) Scenic Landscapes and Vistas
i) No facility shall be located within 300 feet of a Scenic Road. If the facility is located farther
than 300 feet from the scenic road,the height regulations described elsewhere in this Bylaw
shall apply.
ii) Wireless service facilities shall not be located within open areas that are visible from public
roads, recreational areas or residential development. As required in the Camouflage section
above, all ground mounted wireless service facilities that are not camouflaged by existing
buildings or structures shall be surrounded by a buffer of dense tree growth.
e) Environmental Standards
i) Wireless services facilities shall not be located in wetland resource areas. Locating of wireless
facilities in wetland buffer areas shall he avoided whenever possible and disturbance to wetland
buffer areas shall be minimized. All Conservation Commission regulations and procedures must
be followed.
ii) No hazardous waste shall be discharged on the site of any personal wireless service
facility. If any hazardous materials are to be used on site,there shall be provisions for full
containment of such materials. An enclosed containment area shall be provided with a sealed floor,
designed to contain at least 110%of the volume of the hazardous materials stored or used on site.
Applicant must comply with all federal, state and local regulations governing hazardous materials.
iii) Storm water run-off as a result of the wireless facility shall be contained on-site and comply with
the DEP Storm Water Management regulations as applicable.
iv) Ground-mounted equipment for wireless service facilities shall not generate acoustic noise in
excess of 50 dB at the security barrier.
v) Roof-mounted or side-mounted equipment for wireless service facilities shall not generate noise in
excess of 50 dB at ground level at the base of the building closest to the antenna.
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f) Safety Standards
i) Radiofrequency Radiation (RFR) Standards. All equipment proposed for a wireless service
facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects
of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and
regulations.
ii) Structural Integrity. The applicant shall provide certification by a structural engineer that the
wireless service facility is structurally sound for the proposed facility.
5) Application Procedures
a) Special Permit Granting Authority (SPGA). The Special Permit Granting Authority (SPGA) for
wireless service facilities shall be the Planning Board.
b) Pre-Application Conference. Prior to the submission of an application for a Special Permit under
this regulation, the applicant is strongly encouraged to meet with the SPGA at a public meeting to
discuss the proposed wireless service facility in general terms and to clarify the filing requirements.
c) Pre-Application Conference Filing Requirements. The purpose of the conference is to inform
the SPGA as to the preliminary nature of the proposed wireless service facility. As such, no
formal filings are required for the pre-application conference. However, the applicant is
encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform
the SPGA of the location of the proposed facility, as well as its scale and overall design.
d) Application Filing Requirements. The following shall be included with an application for a
Special Permit for all wireless service facilities:
i) General Filing Requirements
(1) Name, address and telephone number of applicant and any co-applicants as well as any
agents for the applicant or co-applicants. A 24-hour emergency telephone contact number
shall be included for use during construction as well as operation of the wireless
communication facility.
(2) Co-applicants may include the landowner of the subject property, licensed carriers and
tenants for the wireless service facility
(3) Every application for a wireless service facility Special Permit shall include at least one
licensed carrier and the owner of the land as an applicant or a co-applicant.
(4) Original signatures are required for the applicant and all co-applicants applying for the
Special Permit. If an agent represents the applicant or co-applicant, an original signature
authorizing the agent to represent the applicant and/or co-applicant is required. Photo
reproductions of signatures will not be accepted. All other filing requirements in the
Zoning Bylaw and the Rules and Regulations as applicable must be complied with.
ii) Location Filing Requirements
(1) Identify the subject property by including the name of the nearest road or roads, street
address,and Assessors Map and Parcel number of subject property
(2) Identify the Zoning District designation for the subject parcel. Submit a copy of Town
zoning map with parcel identified.
(3) A locus map at a scale of 1"= 1500' showing the subject property and all properties
within 300 feet and the location of all buildings, including accessory structures, on all
properties shown.
(4) A map showing the other preexistent and approved wireless service facilities in North
Andover and outside North Andover within one mile of its boundary.
(5) GPS all equivalent system locating by latitude and longitude wireless service
facilities
iii) Siting Filing Requirements. A one-inch-equals-40 feet plan prepared by a Registered
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Professional Engineer in the Commonwealth of Massachusetts showing the following:
(1) Property lines for the subject property.
(2) Property lines of all properties within 300 feet of the proposed location.
(3) Tree cover on the subject property and all properties directly abutting the subject property,
by dominant species and average height.
(4) Outline of all existing buildings, including purpose (e.g. residential buildings, garages,
accessory structures, etc.) on subject property and all properties adjacent to the subject
property.
(5) Proposed location of antenna, mount and equipment shelter(s).
(6) Proposed security barrier, indicating type and extent as well as point of controlled entry.
(7) Location of all roads, public and private, on the subject property and on all adjacent
properties within 300 feet including driveways proposed to serve the wireless service
facility.
(8) Distances, at grade, from the proposed wireless service facility to each building on the
vicinity plan.
(9) Contours at each 2 feet AMSL for the subject property and adjacent properties within 300
feet.
(10)All proposed changes to the preexistent property, including grading, vegetation
removal and temporary or permanent roads and driveways.
(11) Representations, dimensioned and to scale, of the proposed mount, antennas, equipment
shelters, cable runs, parking areas and any other construction or development attendant to
the wireless service facility.
(12) Lines representing the sight line showing viewpoint(point from which view is taken) and
visible point(point being viewed) from'Sight Lines" subsection below.
(13) Location of all wetlands on the subject property and within 100' of the proposed facility
as approved by the Conservation Commission.
iv) Sight lines and photographs as described below:
(1) Sight line representation. A sight line representation shall be drawn from any public road
within 300 feet and the closest facade of each residential building (viewpoint) within 300
feet to the highest point (visible point) of the wireless service facility. Each sight line shall
be depicted in profile, drawn at one-inch equals 40 feet scale. The profiles shall show all
intervening trees and buildings. In the event there is only one (or more) residential building
within 300 feet there shall be at least two sight lines from the closest habitable structures
or public roads, if any.
(2) Preexistent(before condition) photographs. Each sight line shall be illustrated by one four-
inch by six-inch color photograph of what can currently be seen from any public road and
any residential building within 300 feet.
(3) Proposed (after condition) photographs. Each of the preexistent condition photographs
shall have the proposed wireless service facility superimposed on it to show what will be
seen from public roads and residential buildings if the proposed wireless service facility is
built.
(4) Siting elevations or views at-grade from the north, south, east and west for a 50-foot
radius around the proposed wireless service facility plus from all preexistent public and
private roads that serve the subject property. Elevations shall be at either one-quarter inch
equals one foot or one-eight inch equals one foot scale and show the following:
(a) Antennas, mounts and equipment shelter(s), with total elevation dimensions and
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average ground level (AGL) of the highest point. All future proposed antennas,
mounts and equipment shelters if any must be shown in order to be included in the
Special Permit.
(b) Security barrier. If the security barrier will block views of the wireless service facility,
the barrier drawing shall be cut away to show the view behind the barrier.
(c) Any and all structures on the subject property.
(d) Preexistent trees and shrubs at current height and proposed trees and shrubs at
proposed height at time of installation, with approximate elevations dimensioned.
(e) Grade changes, or cuts and fills, to be shown as original grade and new grade line,
with two-foot contours AMSL.
v) Design Filing Requirements
(1) Equipment brochures for the proposed wireless service facility such as manufacturer's
specifications or trade journal reprints shall be provided for the antennas, mounts,
equipment shelters, cables as well as cable runs, and security barrier, if any.
(2) Materials of the proposed wireless service facility specified by generic type and specific
treatment (e.g. anodized aluminum stained wood, painted fiberglass, alloys, etc.). These
shall be provided for the antennas, mounts, equipment shelters, cables as well as cable
runs, and security barrier, if any.
(3) Colors of the proposed wireless service facility represented by a color board showing
actual colors proposed. Colors shall be provided for the antenna mounts, equipment
shelters, cables as well as cable runs, and security barrier, if any.
4) Dimensions of the wireless service facility specified for all three directions: height, width
and breadth. These shall be provided for the antennas, mounts, equipment shelters and
security barrier, if any.
(5) Appearance shown by at least two photographic superimposition's of the wireless service
facility within the subject property. The photographic superimposition's shall be provided
for the antennas, mounts, equipment shelters, cables as well as cable runs, and security
barrier, if any, for the total height, width and breadth.
(6) Landscape plan including preexistent trees and shrubs and those proposed to be added,
identified by size of specimen at installation and species.
(7) During the public hearing process the applicant shall schedule with the Planning Board a
balloon or crane test at the proposed site, at the expense of the applicant, to illustrate the
height of the proposed facility.
(8) If lighting on the site is required by the FAA, the applicant shall submit a manufacturers
computer generated point-to-point printout, indicating the horizontal foot-candle levels at
grade, within the property to be developed and twenty-five (25) feet beyond property lines.
The printout shall indicate the locations and types of luminaries proposed.
vi)Noise Filing Requirements
(1) The applicant shall provide a statement listing the preexistent and maximum future
projected measurements of noise from the proposed wireless service facilities, measured in
decibels Ldn (common logarithmic scale, accounting for greater sensitivity at night), for
the following:
(a) Preexistent or ambient: the measures of preexistent noise
(b) Preexistent plus proposed wireless service facilities: maximum estimate of noise from
the proposed wireless service facility plus the preexistent noise environment.
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(c) Such statement shall be certified and signed by an acoustical engineer, stating that
noise measurements are accurate and meet DEP requirements and Section 8.9(4)(e).
vii) Radiofrequency Radiation (RFR) Filing Requirements
(1) All telecommunications facilities shall be operated only at Federal Communications
Commission (FCC) designated frequencies, power levels and standards, including FCC
Radio Frequency Emissions standards. The applicant shall provide certification
demonstrating that the maximum allowable frequencies; power levels will not be exceeded.
Certifications shall include technical specifications, a written explanation of those
specifications, and, if necessary, field verification. The Permit Granting Authority may
condition any Special Permit granted under this section upon a periodic submittal of
certification of compliance with said standards.
(2) In order to determine compliance with applicable FCC regulations, the applicant shall
provide a statement listing the preexistent and maximum future projected measurements of
RFR from the proposed wireless service facility, including all co-locators, for the
following situations:
(a) Preexistent or ambient: the measurement of preexistent RFR.
(b) Preexistent plus proposed wireless service facilities: maximum estimate of RFR from
the proposed wireless service facility plus the preexistent RFR environment.
(c) Certification, signed by a engineer, stating that RFR measurements are accurate and
meet FCC Guidelines as specified in the Radiofrequency Radiation Standards sub-
section of this Bylaw.
(3) Applicant must submit a copy of the letter from the Massachusetts Department of
Public Health approving the site for this facility as required by 105 CMR 122.000 requires
that the Department of Public Health approve all sites for wireless facilities with respect to
emissions.
viii) Federal Environmental Filing Requirements
(1) At the time of application filing, an Environmental Assessment (EA)that meets FCC
requirements shall be submitted to the Town for each wireless service facility site that
requires such an EA to be submitted to the FCC
(2) The applicant shall list location, type and amount (including radiation trace elements) of
any materials proposed for use within the wireless service facility that are considered
hazardous by the federal, state or local government.
ix) Waiver. The SPGA may waive one or more of the application filing requirements of this
section if it finds that such information is not needed for a thorough review of a proposed
personal wireless service facility.
6) Co-location
a) Licensed carriers shall share wireless service facilities and sites where feasible and appropriate,
thereby reducing the number of wireless service facilities that are stand-alone facilities. All
applicants for a Special Permit for a wireless service facility shall demonstrate a good faith effort
to co-locate with other carriers. Such good faith effort includes:
i) A survey of all preexistent structures that may be feasible sites for co-locating wireless service
facilities;
ii) Contact, with all other licensed carriers for commercial mobile radio services operating in the
Commonwealth of Massachusetts; and
iii) Sharing information necessary to determine if co-location is feasible under the design
configuration most accommodating to co-location.
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b) An Applicant shall demonstrate to the Planning Board that it has made a good faith effort to co-
locate its facility upon an existing facility. The Town may retain a technical expert in the field of
RF engineering and/or a structural engineer to verify if co-location at the site is not feasible or is
feasible given the design configuration most accommodating to co-location. The cost for such a
technical expert will be at the expense of the applicant. The Town may deny a Special Permit to an
applicant who has not demonstrated a good faith effort to provide for co-location,
c) If the applicant does intend to co-locate or to permit co-location, the Town shall request drawings
and studies that show the final appearance and operation of the wireless service facility at full
build-out.
d) If the SPGA approves co-location for a wireless service facility site, the Special Permit shall
indicate how many facilities of what type shall be permitted on that site. Pursuant to Section 8.9(3)
Regulations facilities specified in the Special Permit approval shall require no further zoning
approval. However, the addition of any facilities not specified in the approved Special Permit shall
require a new Special Permit. This allows a carrier to "pre-permit" a site for additional facilities
so that they will not have to apply for another Special Permit later.
e) In order to determine compliance with all applicable FCC Regulations, estimates of RFR emissions
will be required for all facilities, including proposed and future facilities both for the applicant and
all co-locators.
7) Modifications
a) A modification of a wireless service facility may be considered equivalent to an application for a
new wireless service facility and will require a Special Permit when the following events apply:
i) The applicant and/or co-applicant want to add any equipment or additional height not specified
in the original design filing.
ii) The applicant and/or co-applicant want to alter the terms of the Special Permit by changing the
wireless service facility in one or more of the following ways:
(1) Change in the number of facilities permitted on the site;
(2) Change in technology used for the wireless service facility.
8) Monitoring and Maintenance
a) After the facility is in operation, the applicant shall submit to the SPGA, within 90 days of
beginning operations and at annual intervals from the date of issuance of the Special Permit,
preexistent and current RFR measurements. Such measurements shall be signed and certified by
an RF engineer, stating that RER measurements are accurate and are in compliance or why the
measurements fail to comply with all applicable FCC Guidelines as specified in Section
8.9(4)(c)(1) RFR Filing Requirements of this Bylaw. The measurements shall be submitted for
both the applicant and all co-locators.
b) After the wireless service facility is in operation the applicant shall submit to the SPGA; within 90
days of the issuance of the Special Permit, and at annual intervals from the date of issuance of the
Special Permit, preexistent and current measurements of acoustic noise from the wireless service
facility. Such measurements shall be certified and signed by an acoustical engineer, stating that
noise measurements are accurate and meet the Noise Standards sub-section 6.13.14.5 of this
Bylaw
c) The applicant and co-applicant or their successor in interest shall maintain the wireless service
facility in good condition. Such maintenance shall include, but shall not be limited to, painting,
structural integrity of the mount and security barrier and maintenance of the buffer and
landscaping.
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d) Failure to obtain the information required in this subsection 8.9(8) of the Bylaw shall result in a
fine of not more than $300 dollars for each offense. Each day that such violation continues shall
constitute a separate, offense.
9) Abandonment or Discontinuation of Use
a) At such time that a licensed carrier plans to abandon or discontinue operation of a wireless service
facility, such carrier will notify the Town by certified US mail of the proposed date of
abandonment or discontinuation of operations. Such notice shall be given no less than 30 days
prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to
give such notice, the wireless service facility shall be considered abandoned upon discontinuation
of operations.
b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless
service facility within 90 days from the date of abandonment or discontinuation of use. "Physically
remove" shall include, but not be limited to:
i) Removal of antennas, mount, equipment shelters and security barriers from the subject
property.
ii) Proper disposal of the waste materials from the site in accordance with local and state solid
waste disposal regulations.
iii) Restoring the location of the wireless service facility to its natural condition, except that any
landscaping and grading shall remain the after-condition.
c) As a condition of any special permit for the placement, construction or modification of a wireless
service facility, a carrier shall place into escrow a sum of money to cover the costs of removing the
facility from the subject property. Said amount shall be certified by an engineer, architect or other
qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds
shall be held by an independent escrow agent to be appointed by the carrier and the SPGA. The
carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property
to allow the escrow agent to enter upon the subject property to remove the facility when the facility
has been abandoned or discontinued. In the event the posted amount does not cover the cost of
demolition and/or removal the Town may place a lien upon the property covering the difference in
cost.
d) A facility shall be deemed to be abandoned or discontinued if it has not been used for the purpose
for which it was originally constructed for a period of six (6) months or more. Once abandonment
or discontinuance has occurred, the carrier shall remove the facility from the subject property
within ninety days. In the event that the carrier fails to remove the facility, the town shall give
notice to the carrier arid the independent escrow agent that the facility shall be removed by the
escrow agent forthwith and the escrow agent, after affording written notice seven days in advance
to the carrier, shall remove the facility.
e) Failure to follow the provisions of this subsection 8.9(9) shall result in a fine of not more than
$300 dollars for each offense. Each day that such violation continues shall constitute a separate
offense.
10) Reconstruction or Replacement of Existing Towers and Monopoles
a) Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of
Section 8.9 this Bylaw may be reconstructed, altered, extended or replaced on the same site by
Special Permit, provided that the SPGA finds that such reconstruction, alteration, extension or
replacement will not be substantially more detrimental to the neighborhood and/or the Town than
the preexistent non-conforming structure. In making such a determination, the SPGA shall
consider whether the proposed reconstruction, alteration, extension or replacement will create
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public benefits such as opportunities for co-location, improvements in public safety, and/or
reduction in visual and environmental impacts.
11) Performance Guarantees
a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the
expense of the applicant with one (1) or more insurance companies shall be in force to cover
damage from the structure, damage from transmissions and other site liabilities. Annual proof of
said insurance must be filed with the SPGA.
b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the facility, shall be
placed into escrow and shall be held by the independent escrow agent who shall be authorized to
expend the funds for the maintenance of the facility on terms to be agreed upon by the carrier and
the SPGA as a condition of approval of the special permit.
c) Annual certification demonstrating continuing compliance with the standards of the Federal
Communications Commission, Federal Aviation Administration and the American National
Standards Institute shall be filed with the SPGA by the Special Permit holder.
12) Term of Special Permit.
a) A Special Permit issued for any wireless service facility shall be valid for three (3)years.
The special permit may be renewed under the same criteria as the original special permit,
provided that the application for renewal of the special permit is made prior to the
expiration date of the original or any renewed special permit. Additional measures
governing the administration of the special permit are found in Section 10.3 of this Zoning
Bylaw(1998/36).
Section 8.10 Lot/Slope Requirements
1. Lot/Slope Requirements: hl the residential zoning districts the following provisions of this Section 8.10
shall apply:
a. Purpose: The purpose of this bylaw is to preserve and enhance the landscape by
encouraging the maximum retention of natural topographic features, such as drainage
swales, streams, slopes, ridge lines, rock outcroppings, vistas, natural plant formations and
trees;to minimize water runoff and soil-erosion problems incurred in grading of steep
slopes;to encourage innovative architectural, landscaping, circulation and site design. For
the purposes of this subsection,the term"natural' shall be defined as the condition of the
ground surface as it exists at the time a subdivision or development is proposed including
any man-made alterations such as grading, excavation or filling which may have occurred
prior to the time such subdivision or development is submitted. No land intended for
subdivision or development may be regraded or filled in such manner as to circumvent this
bylaw
b. Provisions: The provisions of this Subsection 8.10 shall not apply to building lots in a
definitive subdivision plan submitted in accordance with M.G.L. Chapter 41 in order to
obtain the protections afforded by M.G.L. Chapter 40A, Section 6.
C. Defining the Slope: The slope of land at any point, stated as a percentage, shall be
defined as the change in elevation over a horizontal distance measured perpendicular to the
contours divided by the distance over which the change occurs multiplied by 100. The
slope of land at any point, may be stated as a ratio (2:1, 3:1, 4:1, etc.). The first number
of the ration indicates the horizontal distance and the second number indicates the vertical
rise.
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d. Undisturbed Slopes: All natural slopes exceeding 33%(3:1) over a horizontal distance
of 30 feet as measured perpendicular to the contour on a tract or parcel of land intended or
proposed for subdivision or on a building lot are protected and shall remain undisturbed.
e. Slope Exclusion for Minimum Lot Area Calculation: All areas with natural slopes
exceeding 33%(3:1) over a horizontal distance of 30 feet as measured perpendicular to the
contour on a tract or parcel of land intended or proposed for subdivision or development,
or on a lot intended for building purposes, shall be excluded from the calculation of the
minimum lot area required for the applicable zoning district.
f The Planning Board may grant a special permit for exemption from the provisions of this
section if, in the Board's opinion,the proposal satisfies the purposes of Subsection
8.10.1.a above.
In cases where the proposal includes disturbing or creating slopes exceeding 33%,the request for
special permit must be accompanied by:
i) A geotechnical report prepared by a registered professional civil engineer in the
Commonwealth of Massachusetts that recommends methods for slope
stabilization.
ii) A commitment from the applicant to fund construction inspection services of a
geotechnical engineer.
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SECTION 9 NON-CONFORMING USES
9.1 Non-Conforming Uses
Any non-conforming building, structure, or use as defined herein,which lawfully existed at the time of passage of
the applicable provision of this or any prior by Law or any amendment thereto may be continued subject to the
provisions of this Bylaw. Any lawfully non-conforming building or structure and any lawfully non-conforming
use of building or land may be continued in the same kind and manner and to the same extent as at the time it
became lawfully non-conforming,but such building or use shall not at any time be changed,extended or enlarged
except for a purpose permitted in the zoning district in which such building or use is situated,or except as may be
permitted by a Special Permit or otherwise by the North Andover Board of Appeals. Pre-existing
non-conforming structures or uses, however, may be extended or altered, provided that no such extension or
alteration shall be permitted unless there is a finding by the Board of Appeals that such change, extension, or
alteration shall not be substantially more detrimental than the existing non-conforming use to the neighborhood.
When a pre-existing structure has been made non-conforming due to changes in the lot size required by this
bylaw, such structure may be extended or altered based on a finding by the Zoning Enforcement Officer that such
structure after the change meets all current zoning requirements except for lot size. (1995/43)
9.2 Alteration or Extension
A use or structure housing a use,which does not conform to the regulations of this Bylaw but which did conform
to all applicable regulations when initially established shall not be changed, extended or enlarged except in
accordance with the following provisions:
1. Such change shall be approved by a Special Permit or otherwise by the Board of Appeals.
2. Such change shall be permitted only upon the same lot occupied by the non-conforming use on the date
that it became non-conforming.
3. Any increase in volume,area,or extent of the non-conforming use shall not exceed an aggregate of more
than twenty five percent(25%)of the original use.
4. No change shall be permitted which tends to lengthen the economic life of the non-conforming longer
than a period reasonable for the amortization of the initial investment.
9.3 Pre-Existing Non-conforming Single Family Residential Structures and Uses
in the Residential 1, Residential 2, Residential 3, Residential 4 and Residential 6 Districts:
a. Pre-existing Non-conforming Single Family Structures: Pre-existing non-conforming
single family residential structures in the R1, R2, R3, R4 and R6 Districts, may be changed,
extended or altered, provided that there is a finding by the Zoning Enforcement Officer (Building
Commissioner) that such change, extension, or alteration shall not render the structure more non-
conforming than the existing structure. Upon such determination, a building permit may be issued
where applicable. The following circumstances shall be deemed not to increase the nonconforming
nature of said structure:
1. Alteration of a structure which complies with all current yard setbacks, building coverage,
and building height requirements but is located on a lot with insufficient area, where the
structure after alteration will comply with all of current Bylaw requirements except for lot
area.
2. Alteration to a structure which complies will all current yard setbacks, building coverage,
and building height requirements but is located on a lot with insufficient frontage, where the
structure after alteration will comply with all of current Bylaw requirements except for
frontage.
3. Alteration to a structure which encroaches upon one or more required yard setbacks, where
the structure after alteration will comply with all current bylaw requirements except for yard
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setbacks (the provisions of this clause shall apply regardless of whether the lot complies with
current area and frontage requirements).
4. Alteration of a structure which encroaches upon one or more required yard setbacks, where
the altered part of the structure will comply with all current yard setbacks, or the alteration is
to the side or face of the structure which encroaches upon a required yard setback, and the
alteration does not further encroach upon the required yard setback. In either case, the
altered structure must comply with current building coverage and building height
requirements (the provisions of this clause shall apply regardless of whether the lot complies
with current area and frontage requirements).
5. Alteration to a nonconforming structure which will not increase the footprint of the existing
structure provided that existing height restrictions shall not be exceeded.
In the event that the Zoning Enforcement Officer (Building Commissioner) determines that the
nonconforming nature of such structure would be increased by the proposed extension, alteration,
or change, the Zoning Board of Appeals may, by special permit, allow such extension, alteration,
or change where it determines that the proposed modification will not be substantially more
detrimental than the existing nonconforming structure to the neighborhood.
b. Pre-existing Nonconforming Single Family Structures: No portion of this Section 9.3,
Pre-Existing Non-Conforming Single Family Residential Structures and Uses in the Residential 1,
Residential 2, Residential 3, Residential 4 and Residential 6 Zoning Districts shall be construed to
allow for any uses other than those expressly allowed as defined in each above listed zoning district
of the Zoning Bylaw. (2004/41)
9.4 Building After Catastrophe
Any non-conforming building or structure destroyed or damaged by fire, flood, lightning, earthquake or wind to
the extent of sixty-five percent (65%) or more of its reproduction cost at the time of such damage shall not be
rebuilt, repaired, reconstructed nor altered except for a purpose permitted in that zoning district in which such
building is located, or except as may be permitted by a Special Permit or otherwise by the Board of Appeals
acting under Massachusetts General Laws Chapter 40A.
9.5 Abandonment
If any lawfully non-conforming building or use of a building or land be at any time discontinued for a
period of two years or more, or if such use or building be changed to one conforming with the North Andover
Zoning Bylaw in the district in which it is located, it shall thereafter continue to conform; or take any other action
relative thereto
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SECTION 10 ADMINISTRATION
10.1 Enforcement
The North Andover Zoning Bylaw shall be enforced by the North Andover Building Inspector. The Building
Inspector,upon being informed in writing of a possible violation of this Bylaw or on his own initiative, shall make
or cause to be made an investigation of facts and an inspection of the premises where such violation may exist. If
the Building Inspector is so informed in writing and declines to act, he shall within fourteen (14) days of his
receipt of such information give to his informant, in writing, his reasons for refraining from taking any action.
The Building Inspector, on evidence of any violation after investigation and inspection, shall give written notice of
such violation to the owner and to the occupant of such premises,and the Building Inspector shall demand in such
notice that such violation be abated within such reasonable time as may be given by mail addressed to the owner
at the address appearing for him on the most recent real estate tax records of North Andover,and to the occupant
at the address of the premises of such seeming violation.
If, after such notice and demand, such violation has not been abated within the time specified, the Building
Inspector or the Selectmen shall institute appropriate action or proceedings in the name of the Town of North
Andover to prevent,correct,restrain,or abate any violation of this Bylaw.
10.1.1 Building Permit
No building shall be erected, altered, moved, razed or added to in North Andover without a written permit issued
by the Building Inspector. Such permits shall be applied for in writing to the Building Inspector. The Building
Inspector shall not issue any such permit unless the plans for the building and the intended use thereof in all
respects fulfill the provisions of the North Andover Zoning Bylaw(and other applicable Town Bylaws)except as
may have been specifically permitted otherwise by action of the North Andover Board of Appeals, provided a
written copy of the terms governing any exception so permitted be attached to the application for a building
permit and to the building permit issued therefore. One copy of each such permit, as issued, including any
conditions or exceptions attached thereto, shall be kept on file in the Office of the Building Inspector.
In addition to the information required above, a plot plan shall indicate provisions for all other physical
requirements of this Bylaw,including but not limited to off-street parking, screening and fencing.
Upon granting a permit the Building Inspector shall cause a copy to be posted on the property to which it relates
in a conspicuous place.
10.12 Certificate of Use and Occupancy
No building hereafter erected, enlarged, extended, or altered shall be used or occupied in whole or in part until a
certificate of use and occupancy has been issued by the Building Inspector. No building or land changed from
one use to another, in whole or in part, shall be occupied or used until a certificate of use and occupancy has been
issued by the Building Inspector. This certificate shall certify compliance with the provisions of this Bylaw and
of all applicable codes(1974).
10.13 Penalty for Violation
Whoever continues to violate the provisions of this Bylaw after written notice from the Building Inspector
demanding an abatement of a zoning violation within a reasonable time, shall be subject to a fine of three hundred
dollars($300). Each day that such violation continues shall be considered a separate offense. (1986/15)
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10.14 Planning Board,associate member
In addition to the five (5) member of the Planning Board already allowed by statute, the Town Manager
may appoint one (1) associate member. As guided by M.G.L. Chapter 40A this associate member will only
be allowed to sit on Special Permit applications to the Planning Board. The Chairman of the Planning
Board may authorize the associate member to vote in case of a vacancy to the board, or in the case of
absence, inability to act, or conflict of interest on the part of any member of the board.
10.2 Board of Appeals
10.21 Appointment and Organization
There shall be a Board of Appeals of five (5) members and not more than three (3) Associate Members, which
shall have and exercise all the powers provided under G.L. Chapter 40A,and which
shall hear and decide all matters specifically referred to the Board of Appeals by the North Andover Zoning
Bylaw and other matters referred to such Board by statute. The Board of Appeals members and Associate
Members shall be appointed by the Selectmen in the manner provided by statute.
Within two (2) weeks of the beginning of each calendar year, the Zoning Board of Appeals shall organize and
elect a Chairman and Clerk from within its own membership.
The length of terms of the members of the Board of Appeals shall be such that the term of one member expires
each year. A member of the Board of Appeals may be removed for cause by the Board of Selectmen only after
written charges have been made and a public hearing has been held.
10.22 Powers of the Board of Appeals
The Board of Appeals shall have the following powers:
1. To hear and decide actions and appeals as provided herein;
2. To hear and decide applications for appropriate Special Permits and variances which the Board of
Appeals is required to act upon under this Bylaw.
10.3 Special Permit
The Special Permit Granting Authority shall adopt rules and regulations for the conduct of its business relative to
the issuance of Special Permits. A copy of these rules and regulations shall be filed with the Town Clerk. The
rules and regulations shall contain, as a minimum, a description of the size, form, contents, style and number of
copies and number of plans and specifications to be submitted and the procedures for submission and approval of
Special permits.
The Special Permit Granting Authority may grant a Special permit within the framework of this Bylaw only after
holding a public hearing which must be held within sixty-five (65) days after the applicant files for such Special
Permit. The sixty-five (65) days period shall be deemed to have begun with the filing of the application with the
Special Permit Granting Authority. The applicant is responsible for transmitting a copy of the application for a
Special Permit within twenty-four(24)hours of the filing of the application with the Planning Board or the Board
of Selectmen and to the Town Clerk. If an application for a Special Permit is to be filed with the Board of
Appeal, the applicant shall file the application with the Town Clerk, who shall transmit the application to the
Board of Appeals within twenty-four(24)hours.c
10.31 Conditions for Approval of Special Permit
1. The Special Permit Granting Authority shall not approve any such application for a Special permit
unless it finds that in its judgment all the following conditions are met:
a. The specific site is an appropriate location for such a use, structure or condition;
b. The use as developed will not adversely affect the neighborhood;
C. There will be no nuisance or serious hazard to vehicles or pedestrians;
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d. Adequate and appropriate facilities will be provided for the proper operation of the proposed
use;
e. The Special Permit Granting Authority shall not grant any Special Permit unless they make a
specific finding that the use is in harmony with the general purpose and intent of this Bylaw.
2. In approving a Special Permit, the Special Permit Granting Authority may attach such conditions and
safeguards as are deemed necessary to protect the neighborhood such as, but not limited to, the
following:
a. Requirements of front, side,or rear yards greater than the minimum required by this Bylaw.
b. Requirements of screening parking areas or other parts of the premises from adjoining premises
or from the street,by walls, fences,planting, or other devices as specified by the Special Permit
Granting Authority.
C. Modification of the exterior features or appearances of the structure;
d. Limitation of size,number of occupants,method or time of operation,or extent of facilities;
e. Regulation of number,design and location of access drives or other traffic features.
3. Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two
(2) year period from the date on which the Special permit was granted unless substantial use or
construction has commenced. If the applicant can show good cause why substantial use or construction
has not commenced within the two (2) year period, the Special Permit Granting Authority, as its
discretion, may extend the Special Permit for an additional one (1)year period. Included within the two
(2) year period stated above, is the time required to pursue or wait the determination of an appeal from
the provisions of the Bylaw.
4. The Special Permit Granting Authority may, within the guidelines for Special Permits contained herein,
allow accessory uses whether located on the same lot as the principal use or not, wherever necessary in
connection with scientific research, scientific development or related production provided that the Special
Permit Granting Authority finds that the proposed accessory use does not substantially derogate from the
public good.
5. Within (90) days following the date of the public hearing, the Special Permit Granting Authority shall
take final action in the matter in order to issue a Special Permit provided for in this Zoning Bylaw.
There shall be at least four (4) of the five (5) members of the Granting Authority voting in favor of
issuing the Special Permit.
6. A Special Permit granted under the provisions of this Bylaw shall not take effect until:
a. The Town Clerk certifies on a copy of the decision that twenty(20) days have elapsed without
filing of an appeal or that any appeal filed has been dismissed or denied;
b. The certified decision has been recorded at the owner's expense in the Essex County Registry of
Deed's indexed in the grantor index under the name of the record owner, and noted on the
owner's Certificate of Title;
C. If the Special Permit involves registered property,the decision, at the owner's expense shall also
be filed with the Recorder of the Land Court.
10.32 Temporary Permit
The Board of Appeals may grant a temporary Special Permit for use or occupancy permit for a period of not
more than one(1)year at a time, subject to a single renewal. Such permits shall be subject to conditions imposed
by the Board related to safeguarding the character of the district affected and shall be processed in accordance
with the procedures provided herein for the granting of Special Permits.
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10.4 Variances and Appeals
The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning
Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the
land or structures and especially affecting such land or structures but not affecting generally the zoning district in
general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or
otherwise,to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to
the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw
(1998/32).
Additionally, an appeal may be taken to the Zoning Board of Appeals as provided herein by a person aggrieved
by reason of his inability to obtain a permit or enforcement action from the Building Inspector,by the Merrimack
Valley Planning Commission, or by any person including an officer or Board of the Town of North Andover, or
an abutting city or town, aggrieved by an order or decision of the Building Inspector or other administrative
officials in violation of any provision of this Bylaw.
Any petition for an appeal above must be taken within thirty(30) days of the date of the order or decision that is
being appealed by filing a notice of appeal, specifying the grounds thereof with the Town Clerk, who shall
forthwith transmit copies of the appeal to such officer or Board,whose order or decision is being appealed,and to
the Zoning Board of Appeals. Such officer or Board shall forthwith transmit to the Zoning Board of Appeals all
documents and paper constituting the records of the case in which the appeal is taken.
1. No petition for a variance or appeals shall be granted until a public hearing is held on the matter by the
Zoning Board of Appeals within sixty-five (65) days after the Zoning Board of Appeals receives the
petition from the Town Clerk.
2. The Zoning Board of Appeals must make its decision on a petition for a variance or appeal within One
Hundred(100)days after the date of the petition is filed with the Town Clerk. In order to grant a petition
for a variance or an appeal, four (4) of the five (5) members of the Board must concur. If the Zoning
Board of Appeals fails to act within the time limits specified herein,the petition for a variance or appeal
shall be deemed granted.
a. In the case of a variance,the Zoning Board of Appeals may impose conditions, safeguards and
limitations of time and use,however,these conditions cannot require continued ownership of the
land or structure to which the variance pertains by the applicant, petitioner, or owner.
Furthermore, if the rights authorized by the variance are not exercised within one(1)year of the
date of the grant,they shall lapse and may be re-established only after notice and a new hearing.
3. The Zoning Board of Appeals shall cause to be made a detailed record of its proceedings indicating the
vote of each member upon each question, or if absent or failing to vote, indicating such fact, and setting
forth clearly the reason or reasons which shall be filed within the fourteen (14) days in the office of the
Town Clerk and shall be a public record.
Notice of the decision shall be mailed forthwith to the petitioner, applicant, or appellant,to the parties in
interest designated herein, and to every person present at the hearing who requested that notice be sent to
him and stated the address to which such notice was to be sent. Each notice shall specify that appeals,if
any, shall be filed within twenty(20)days after the date of filing of such notice in the office of the Town
Clerk. The decision shall also contain the names and addresses of the owner, and identification of the
land and/or structure affected (if a variance procedure - how the variance complies with the statutory
requirements for issuing a variance). Certification that copies of the decision have been filed with the
Planning Board and Town Clerk are required.
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10.5 Amendments to Zoning Bylaw
This Bylaw shall be adopted and shall be amended from time to time by a two-thirds vote at an annual or special
town meeting. Amendments to this Bylaw may be initiated by submission of the amendment to the Board of
Selectmen by any of the following: a) Board of Selectmen; b) Zoning Board of Appeals; c) by an individual
owning land to be affected by the amendment; d)by request of registered voters of the town pursuant to Section
10, Chapter 39 of the Mass. General Laws; e) the Planning Board; and f) by the Merrimack Valley Planning
Commission.
10.51 Submission of Amendment to Planning Board
Within fourteen (14) days of the receipt of an application for an amendment to this Bylaw, the Board of
Selectmen shall submit the proposed amendment to the Planning Board for review.
The Planning Board shall hold a public hearing on any North Andover Town Meeting Warrant Article to amend
the Zoning Bylaw or the zoning map and shall report its recommendations thereon,if any to the Town Meeting.
Each warrant article to change the zoning map shall explicitly state the nature, extent, and location of the map
change proposed and shall be accompanied by:
1. Three blacklme prints of a diagram to scale showing and stating clearly the dimensions in feet of the land
area proposed to be changed as to zone;
2. Also a sketch or other explicit identification of the location of such land in relation to the majority of the
rest of the town.
10.52 Public Hearing
Within sixty-five (65) days after receipt of a proposed amendment from the Board of Selectmen, or within sixty
five (65) days after the receipt of an application for a Special Permit, the Planning Board or Zoning Board of
Appeals, as the case may be, shall hold a public hearing, notice of which shall be published in a newspaper of
general circulation covering the town once in each of two(2) successive weeks. The first publication may not be
less than fourteen (14) days before the day of the hearing, (the date of the public hearing shall not be counted in
the fourteen(14)days).
Additionally, notification of the public hearing shall be posed in a conspicuous place in the North Andover Town
Hall for a period of not less than fourteen (14) days before the date of the hearing. Further, notification of the
public hearing shall be sent to the Massachusetts Department of Community Affairs, the Merrimack Valley
Planning Commission and Planning Board of all abutting cities and
towns prior to public hearing date. Notice of the public hearing shall include: a)the time and place of hearing;b)
the subject matter;c)the place where texts and maps may be inspected.
10.53 Report by Planning Board
No vote to adopt the proposed amendment shall be taken by the Town Meeting until the report with
recommendations by the Planning Board has been submitted to the Town Meeting or until twenty-one
(21) days after said hearing has elapsed without submission of said reports or submissions. After such notice,
hearing, and report, or after twenty-one (21) days shall have elapsed after such hearing, without submission of
such report,the Town Meeting(annual or special)may adopt,reject,or amend any such proposed amendment.
10.54 Failure to Adopt
If the Town Meeting fails to vote to adopt any proposed Bylaw amendment within six (6) months after the
hearing described heretofore, no action shall be taken thereon until after a subsequent public hearing is held with
notice and report as heretofore provided.
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10.55 Repetitive Petitions
If any proposed Bylaw amendment thereto is acted upon unfavorably by the Town Meeting(annual or special),it
shall not be acted upon again for a period of two (2) years from the date of the unfavorable action unless the
Planning Board recommends in favor of the petition in the report.
10.56 Procedural Defects
In accordance with Chapter 40A,no claim or invalidity of this Bylaw or any amendment to this Bylaw arising out
of a possible defect in the procedure of adoption or amendment shall be made in any legal proceeding and no
state, regional, county, or municipal officer shall refuse, deny, or revoke any permit, approval, or certificate
because of any such claim of invalidity unless such claim is made within one hundred twenty(120)days after the
adoption of the Bylaw or amendment. Notice specifying the court, parties, invalidity claim, and date of filing is
filed together with a copy of the petition, with the Town Clerk within seven(7) days after commencement of the
action.
10.57 Effect of Subsequent Amendments
In the case of amendments to this Bylaw or changes in the districts or the boundaries subsequent to the date this
Bylaw becomes effective, the right to continue the use or maintenance of any building, structure, or premises
which was lawful when such amendment or change, except as provided by statute, specifically:that construction
or operations under a building permit or Special Permit shall conform to any subsequent amendment unless the
use or construction is commenced within a period of not less than six(6)months after the issuance of the permit,
(the date of issuance shall be considered to be the date on which the building permit was issued or in the case of a
Special Permit, the date on which the Planning Board voted final action) and in cases involving construction
unless such construction is contained through completion as continuously and expeditiously as is reasonable.
10.6 Conflict of Laws
In general, this Bylaw is supplementary to other North Andover Bylaws affecting the use, height, area, and
location of buildings and structures and the use of premises. Where this Bylaw imposes a greater restriction upon
the use, height, area, and location of buildings and structures and the use of premises than is imposed by other
Bylaws,the provisions of this Bylaw shall control.
10.7 Validity
The invalidity of any section or provision of this Bylaw shall not invalidate any other section provision thereof.
10.8 Repetitive Petitions
When 1) the Planning Board denies an application for a Special Permit; or 2) the Board of Appeals denies a
petition or a variance, no application on the same matter may be heard and acted favorably upon for a two (2)
year period unless the following conditions are met:
In the case of 1) above, four (4) of the five (5) members of the Planning Board find that there are specific and
material changes in the conditions upon which the previous unfavorable action was based, and describes such
changes in the records of it proceedings, and only after a public hearing at which such consent will be considered
and after notice is given to the parties in interest.
In the case of 2) above, the Zoning Board of Appeals may not act favorably upon a petition which has been
previously denies within a two(2)year period of time unless four(4)of the five(5)members of the Zoning Board
of Appeals find that there are specific and material changes in the conditions upon which the changes in the
records of its proceedings and only after a public hearing, held by the Planning Board, at which consent to allow
the petitioner to re-petition the Zoning Board of Appeals will be considered and after notice is given to parties in
interest and only with four(4)of the five(5)members of the Planning Board voting to grant consent.
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10.9 Withdrawal Without Prejudice
Any petition for a variance which has been transmitted to the Zoning Board of Appeals or any application for a
Special Permit which has been transmitted to the Planning Board may be withdrawn, without prejudice, by the
petitioner prior to the publication of notice of a public hearing thereon, but thereafter be withdrawn without
prejudice only with approval(majority vote)of the Zoning Board of Appeals or Planning Board respectively.
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SECTION 11 PLANNED DEVELOPMENT DISTRICT
11.1 Jurisdiction
The Planning Board may grant a Special Permit for construction of a PDD in the following district: I-S. The
Special Permit shall conform to this Bylaw and to G.L. Chapter 40A, Section 9, and to regulations which the
Planning Board shall adopt for carrying out its duties hereunder. Except as set out hereunder, or in the Planning
Board's regulations, or in a specific permit granted hereunder,the provisions of the Zoning Bylaw shall continue
to govern.
11.2 Purpose
The purpose of the PDD District is to provide for a mixture of land usage at designated locations at greater
density and intensity than would normally be allowed provided that said land usage:
1. Does not detract from the livability and aesthetic qualities of the environment.
2. Is consistent with the objectives of the Zoning Bylaw.
3. Promotes more efficient use of land while protecting natural resources, such as water resources,
wetlands,floodplains,and wildlife.
4. Promotes diverse,energy-efficient housing at a variety of costs.
11.3 Procedures
1. Pre-Application Conference
Prior to the submission of an application for a Special Permit, the applicant at his option may confer with the
Planning Board to obtain information and guidance before entering into binding commitments or incurring
substantial expense in the preparation of plans, surveys,and other data.
2. Submission of Preliminary� lans
The applicant shall file a preliminary plan accompanied by the form titled "Submission of Preliminary Plan,
Planned Development" to the Planning Board at a regularly scheduled meeting. A copy of the preliminary plan
and the above form shall also be filed in the Office of the Town Clerk.
The Planning Board, within sixty (60) days from receipt of the plan by the Town Clerk, shall review and
determine whether the proposed project is consistent with the most suitable development of the town. The
Planning Board may suggest modifications and changes to the preliminary plan in anticipation of the filing of the
definitive plan. If the Planning Board fails to act within sixty (60) days, the applicant may proceed to file his
definitive plan.
Contents of Preliminary Plan: Planned Development District:
a. Planned Development Boundaries, north point, date, scale, legend, and title "Preliminary Plan:
Planned Development:,the name or names of applicants,and engineer or designer.
b. Names of all abutters,land uses,and approximate location and width of all adjacent streets.
C. In a general manner, the existing and proposed lines of streets, ways, easements, and of any
public areas within or next to the Planned Development.
d. The approximate boundary lines of existing and proposed lots with approximate areas and
dimensions.
e. The proposed system of drainage, including adjacent existing natural waterways and the
topography of the land in a general manner.
f. Existing and proposed buildings, significant structures and proposed open space in a general
manner.
g. An analysis of the natural features of the site, including wetlands, floodplains, slopes over 12%,
soil conditions,and other features requested by the Planning Board.
h. A description of the neighborhood in which the tract lies, including utilities and other public
facilities and the general impact of the proposed PDD upon them.
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i. A summary of environmental concerns relating to the PDD.
3. Submission of Definitive Plan:
The applicant shall submit an application for a Special Permit accompanied by the original of the definitive plan
plus twelve(12)copies thereof.
Contents of Definitive Plan:
The application for a Special Permit and Site Plan Review shall be accompanied by the original copy of the
definitive plan and other data required to be submitted in triplicate and shall contain the following data:
All items in "Contents of the Preliminary Plan: Planned Development District" (a through and including i) shall
be incorporated.
a. It shall be drawn at a scale of one-inch equals forty feet unless another scale is requested and
found suitable by the Planning Board.
b. The Plan shall be prepared by a land surveyor,professional engineer,or architect.
C. The scale,date,and north arrow shall be shown.
d. The plan shall be certified by the land surveyor doing the boundary survey and the professional
engineer or architect on the location of the buildings, setbacks, and all other required
dimensions,elevations,and measurements and shall be signed under the penalties of perjury.
e. The corner points of the lot and change of direction of lines shall be marked by stone
monuments,cut in stone, stake and nail,iron pin,or other marker and shall be so marked.
f. Lot number, dimensions of lot in feet, size of lot in square feet,and width of abutting streets and
ways.
g. Easements within the lot and abutting thereon.
h. The location of existing or proposed buildings on the lot.
i. The location of existing wetlands, water bodies, wells, 100 year floodplain elevation and other
natural features requested by the Planning Board.
j. The dimensions of the existing and proposed buildings in feet.
k. The distance of existing and proposed buildings from the lot lines and the distance between
buildings on the same lot.
1. Percent of the lot coverage.
m. Average finished grade of each proposed building.
n. The elevation above average finished grade of the floor and ceiling of the lowest floor of each
proposed building.
o. Existing and proposed topographical lines at two(2)foot intervals.
P. The use designation of each building or part thereof, and of each section of open ground,plaza,
or usable roof space.
q. Numbering of parking spaces.
r. Height of all proposed buildings,above average finished grade of abutting streets.
S. Number of apartments,meeting rooms,and restaurant and theater.
t. Total square feet of floor space of all landscape and recreation areas, and depiction of materials
to be used(grass, 5-foot shrubs,etc.).
U. Deed or other recorded instrument that shows the application to be the owner or owner under
option of the land to be designated as a Planned Development.
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11.4 Minimum Requirements
The Plan shall be subject to the following conditions an the Planning Board shall make a determination that the
project meets all the following conditions:
1. The project is consistent with the purposes set out in Section 2.
2. If more than twenty-five percent (25%) of the PDD is located within a residential district, at least
fifty-one percent (51%) of the building area and accessory facilities in the PDD shall be used for
residential purposes.
3. Ingress and egress for traffic flow is designed properly so that there will be no serious hazard to vehicles
or pedestrians.
4. Adequate parking facilities are provided for each use and structure in the development.
5. Major facilities or functions which require citing within scenic areas are designed to be visually
compatible with the natural or historical characteristics.
6. The project does not adversely affect the natural environment to the detriment of community character
and public health and safety.
11.5 Permitted Uses
In a Planned Development District,the following uses are permitted:
1. Residential
a. Detached 1,2,or 3 family residential structures.
b. Apartment Houses
C. Town Houses
2. Business
a. Restaurant
b. Theater,Museums
C. General retail sales and service (except retail sales of automobile, mobile homes, house trailers
and except automobile service station).
d. Banks and financial services.
e. Business and professional offices.
f. Personal services.
g. Recreation
3. Industrial Use
a. Any uses which the Planning Board determines are not injurious to the safety or general welfare
of the area.
Area Regulations
PDD Site Area
No PDD shall be permitted on a site of less than 60,000 square feet.
Usable Open Space
In all PDD's, at least twenty percent(20%) of the land shall be set aside as permanent usable open space, for the
use of the PDD residents,or for all PDD users,or for the community. The required open space shall be conveyed
to the Conservation Commission or to a non-profit conservation organization, or to a corporation to trust
representing persons responsible for the PDD, and shall be protected by a conservation restriction as required by
G.L. Chapter 40A, Section 9 for common open space in cluster developments. A covenant shall be placed on the
land such that no part of the PDD can be built, sold or occupied until such time as a satisfactory written
agreement has been executed for protection of the open space.
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Setback Requirements
Insofar as the PDD abuts a residential district, all proposed structures and facilities within the PDD shall be set
back not less than twenty-five (25) feet from adjacent property lines or adjacent street lines where the PDD shall
be separated or shielded from adjacent property lines by means of a buffer, fencing, setbacks, or appropriate
landscaping.
11.6 Relation to Subdivision Control Act
Approval of a Special Permit hereunder shall not substitute for compliance with the Subdivision Control Act,nor
oblige the Planning Board to approve any related definitive plan for subdivision, nor reduce any time period for
Board consideration under that law. However, in order to facilitate processing,the Planning Board may insofar
as practical under existing law, adopt regulations establishing procedures for submission of a combined plan and
application which shall satisfy this section and the Board's regulations under the Subdivision Control Act.
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SECTION 12 LARGE ESTATE CONDOMINIUM CONVERSION
12.1 Purpose
The purpose of this subsection is to permit existing buildings or large tracts of land in Residence Districts 1, 2,
and 3 to be converted to single family condominium dwelling unit compatible with such residence districts, to
create new housing involving relatively little new construction, to generate tax revenue to the Town, to preserve
existing buildings, to preserve the residential character of the Town and to preserve open space in the Town. In
order to provide for development that is compatible with Residence Districts 1, 2, and 3, which districts are
primarily for single-family residences,the conversions to dwelling units under this subsection are to condominium
dwelling units, which can be separately owned, and are therefore a type of development similar in character to
other development in such districts.
12.2 Requirements
Properties meeting the following requirements shall be eligible for consideration for a condominium conversion
Special Permit:
1. Parcels with one(1)or more existing buildings in a Residence 1, 2, or 3 District of not less than ten(10)
acres and with not less than one hundred and fifty(15 0)feet of frontage on the public way.
2. Any dwelling located on a lot of record as of April 24, 1982 may be converted to condominium dwelling
units.
3. The total number of dwelling units that can be created under a condominium conversion Special Permit
shall not exceed n-2,where"n"is the number of acres in the parcel.
4. Each condominium dwelling unit shall be an independent dwelling unit intended for use by a single
family, with its own bath and toilet facilities and its own kitchen. The average square footage of the
interior living space of the units shall be not less than eight hundred and fifty(850)square feet per unit.
5. No building (including both buildings converted to condominium dwelling units and other buildings not
converted to condominium dwelling units) shall be externally enlarged except with the approval of the
Planning Board, and in no event shall such enlargement add to any one building more floor area than a
number equal to five percent (5%) of the above grade floor area of such building, the floor area of
porches and decks to be included in the calculations of floor area.
6. No new building for dwelling purposes may be built on the parcel. New structures may be built
pursuant to paragraph 8 (b)below.
7. Parking requirements are subject to Section 8 of the Zoning Bylaw.
8. For the purposes of this subsection, 'open space" shall mean all the land on the parcel except that land
occupied by buildings to be converted to condominium dwelling units and existing buildings to be used
for parking purposes. To insure that preservation of open space, the following requirements shall be
met:
a. Open space may be used for the following purposes: flower gardens, gardens, landscaping,
required parking, roadways and driveways reasonably necessary for the development,
underground utilities,recreation not requiring any facility or structure,and land left in its natural
state. The open space may be used for other purposes permitted in the residence district if
approved by the Planning Board as consistent with the condominium development and character
of the neighborhood.
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b. On open land all facilities and structures for accessory purposes (such as swimming pools,
tennis courts, garages, carports, parking areas, lamp posts, small sheds for tools or sports
equipment, fences, including the kind enclosing a tennis court or swimming pool, bath houses,
and other accessory structures for accessory purposes) shall be subject to the approval of the
planning Board as to their number,design,locations,uses,and sizes;provided,however,that all
such facilities and structures, including roadways and driveways, shall not involve the use of
more than twenty percent(20%)of all of the open land on the parcel.
b. All new utilities,including wiring for lights on open space,paths,and driveways, shall be placed
underground.
12.3 Contents of Application
An application for a condominium conversion Special Permit shall include the following:
1. Proposed Master Deed and proposed plans to be recorded therewith, including floor plans, at least one
(1)elevation for each building being converted to dwelling units, and a site plan for the parcel locating at
least each building, roadways and driveways, parking, recreation facilities, utilities, and accessory
facilities and structures.
2. Proposed Bylaws.
3. A sample proposed Unit Deed.
4. A locus plan showing the parcel and all land immediately adjacent thereto, including nearby buildings
and structures.
5. Such other plans, photographs, models or elevations as the Planning Board shall reasonably deem
necessary or appropriate to help understand the proposal.
12.4 Change in Application
After a condominium conversion Special Permit has been granted,any change in the location or use of a building,
any enlargement of a building, any material exterior restoration, any material change in the use of open space, or
in the facilities or structures thereon, shall not be permitted except upon an amendment to the Special Permit
which shall be upon petition of the Planning Board and after a public hearing (with the provisions of Paragraph
12.5 applying) and upon a finding by the Planning Board that the proposed change or changes do not
substantially derogate from the intent and purpose of this subsection.
12.5 Review by the Planning Board
Prior to recording, a Special Permit granted under this section shall be subject to the review by the Planning
Board of the final plans, and of the Master Deed, and plans to be recorded therewith, and Bylaws, as they are to
be initially recorded, which final plans, Master Deed, plans and Bylaws shall all be substantially the same as
those approved with the Special Permit in all respects material to considerations relevant to the Special Permit,in
which case the Chairman of the Planning Board shall endorse copies of such final plans and such Master Deed,
plans and Bylaws having received final review and approval under this subsection, which endorsement shall be
conclusive evidence thereof. Thereafter, the Master Deed and plans recorded therewith, and Bylaws may be
amended without Planning Board approval;provided,however,that an amendment to the Special Permit shall be
required for those matters specified in Paragraph 12.4 thereof. Any amendment to the Master Deed and plans
recorded therewith and Bylaws related to an amendment to the Special Permit shall be endorsed by the permitted
District(s)with greater flexibility from the pattern otherwise permitted in such districts.
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SECTION 13 CONTINUING CARE RETIREMENT CENTER
13.1 Establishment
There is established a Continuing Care Retirement Center (CCRC) as a permitted use under the Special Permit
provision of this Bylaw. Such permitted use may only be authorized in existing Residence 2 and Village
Residential Districts. A CCRC parcel may include an adjoining parcel of land which is in the Residential-1
District, providing that no development shall be permitted in the Residential-1 portion. The authorization will
empower the Planning Board to review and approve a definitive plan under the Special Permit provisions in
Section 10.3 and as in otherwise provided for in this section. A CCRC shall include a nursing home care facility
and congregate housing units and may also include independent dwelling units and assisted living units. A CCRC
may also only include any or all of the foregoing housing types provided it is affiliated with a nursing home.
13.2 Purpose
The purpose of the CCRC is to provide for the development and use of specialized housing and nursing care for
the elderly on the basis of the Planning Board to issue a Special Permit in the permitted District(2)with greater
flexibility from the pattern otherwise permitted in such districts. It is intended to create health care, including
home health care, housing and other supportive services designed to meet the needs of the elderly population and
to enable that population to live independently. It is further intended to encourage the preservation of open
spaces;to allow for new nursing care facilities and housing that causes relatively little demand on Town services;
and to preserve the Town's residential character. In creating an alternative to existing nursing and housing
possibilities for the elderly,the CCRC is intended to allow for a greater mixture of buildings, structures and uses
with regard to density than is otherwise permitted thereby allowing for the nursing care of the elderly and the
relief of the physical, economic and emotional stress associated with the maintenance and care of traditional
nursing home and residential properties.
13.3 Definitions
a. Nursing Care Facility. A facility for the care of elderly persons requiring regular attention by medical or
nursing personnel for reasons of age, ill health or physical incapacity and which has been licensed as a
long-term care facility by the Massachusetts Department of Public Health.
b. Congregate Housing Units. Dwelling units providing private or communal living for elderly persons
who ordinarily are ambulatory and require no or limited medical attention or supervision.
Such dwelling units shall consist of a room or group of rooms forming a habitable unit for one,two, or
three persons, with facilities used, or intended to be used, for living, bathing, cooking, eating and
sleeping.
C. Independent Dwelling Units. Dwelling units similar in character and use to congregate housing units and
providing elderly residents of such units with access to all supportive services provided in congregate
housing units. Independent dwelling units may only consist of free-standing buildings which contain up
to five(5)dwelling units per structure.
d. Assisted Living Units. Dwelling units for elderly individuals or couples in need of assistance with
activities of daily living. Such dwelling units may not include facilities for cooking or eating.
e. Elderly. A single person who is 62 years of age or older; or two or more persons sharing a household,
the older of whom is 62 years of age or older.
f. Wetlands. Any area within a parcel of land in a CCRC falling within the definition contained in Chapter
131 of the General Laws of Massachusetts as amended from time to time, or any regulations
promulgated pursuant to said chapter.
g. Home Health Care. Medical and therapeutic services provided to residents in their dwelling units.
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13.4 Permitted Uses
A. Principal uses. The following uses shall be permitted in a CCRC:
1. Nursing care facilities;
2. Congregate housing units;
3. Independent dwelling units;
4. Assisted living units;
5. Home health care;
6. Facilities for supportive services, including, but not limited to medical, rehabilitative,
recreational, social and nutritional programs, dining and function rooms, kitchens facilities and
laundry facilities.
These and others shall be designed for the primary use of residents. Such supportive services
may not be designed or used as a general business for the larger community of North Andover
and environs.
7. Any other use deemed reasonably necessary or ancillary by the Planning Board to facilitate the
uses described above,meaning and intending to permit those services and programs customarily
offered in CCRC.
13.5 Standards and Restrictions
a. Minimum Lot Size. A CCRC shall be permitted only within a single lot containing a total area of not
less than twenty-five (25) acres. Existing public or private ways need not constitute boundaries of the
lot, but the area within such ways shall not be counted in determining minimum lot size. As used in
Section 13,parcel and lot shall have the same meaning.
b. Permissible Density. Unless in compliance with the bonus density provisions of subsection 6., the
dwelling unit density shall not exceed an average of four (4) units per acre in a parcel which is located
within the Residential-2 District and five(5)units per acre in a parcel which is located within the Village
Residential District exclusive of the nursing care facility. When a parcel is located in a combined portion
of either the Residential-2 and Residential-1 or the Village Residential and Residential-1 Districts, a
density factor of 2 units per acre shall be applicable to the portion in the Residential-1 District.
However, in no instance shall any development such as the construction of buildings, roads and parking
lots be permitted in the Residential-1 District nor shall any development in Residential-2 or Village
Residential District adversely impact the Residential-1 District. For parcels which are located in a
combined portion of the Residential-2 and Village Residential Districts,the permissible density for each
District shall be applicable. Also,in no event shall the total number of independent dwelling units exceed
fifteen (15) percent of the total number of dwelling units otherwise allowed in any CCRC parcel.
Further, in no instance shall the Floor Area ration of the entire project exceed 0.25, nor shall the total
number of dwelling units exceed 250 for any parcel regardless of total acreage or density bonuses
provided under paragraph 6.
C. Maximum Lot Coverage. In no event shall the maximum lot coverage of buildings and structures exceed
twenty-five(25)percent.
d. Dimensional Requirements.
1. Perimeter Setback. The setback area is intended to provide a perimeter greenbelt around the
CCRC except for road and utility crossings. No building or other structure shall be located
within one hundred(100)feet of perimeter lines of CCRC parcel.
Common open space lying within a setback area shall qualify as fulfilling this requirement.
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A perimeter landscaping plan shall be submitted to the Planning Board for its approval provided
that nothing shall prevent the construction of walls and fences. The Planning Board may
authorize or require landscaping in the Residential-1 District if it is consistent with the objective
of screening the CCRC from existing or potential residential development.
2. Minimum Frontage. Frontage on any public street or way shall be one hundred fifty(15 0)feet,
except on Route 114 where for reasons of public safety, the minimum frontage shall be two
hundred fifty(250 feet).
3. Maximum Height. The height of any structure shall not exceed three(3) stories and in no event
more than thirty-five (35) feet, excluding bulkheads, chimneys, flagpoles, mechanical
penthouses, and similar traditional roof appurtenances. Further, the Planning Board may
exempt ornamental or non-habitable architectural features added for aesthetic purposes.
e. Common Open Space. Land within the CCRC parcel or lot which is not specifically reserved for the
support of the CCRC facilities and which is not covered by buildings, roads, driveways, parking areas,
or service areas which is not set aside as private yards,patios or gardens for residents shall be Common
Open Space. Further, all Common Open Space shall be open and unobstructed to the sky; flagpoles,
sculptures, benches, swimming pools, tennis courts, atriums, trees and similar objects shall not be
considered obstructions. The area of Common Open Space shall equal at least fifty(50)percent of the
total area of the CCRC parcel or lot and no more than twenty-five(25)percent of the minimum required
Common Open Space shall be situated within wetlands. The Common Open Space shall have a shape,
dimension, character and location suitable to enable its enjoyment and use for conservation, recreation
and agriculture purposes by the residents of the CCRC.
Further a permanent conservation restriction of the type described in MGL Chapter 184, Section 31,
(including future amendments thereto and corresponding provisions in future laws) running to or
enforceable by the Town shall be recorded in respects to the Common Open Space. Such restrictions
shall provide that the common open space shall be retained in perpetuity for one or more of the following
uses: conservation, recreations or agriculture. Such restriction shall be in a form and substance as the
Planning Board shall prescribe including the management of said conservation restriction by the Town
Conservation Commission, Trustees of Reservations, Essex County Greenbelt Association or other
agency or body,all as subject to the approval of the Planning Board.
f. Parking. The minimum number of parking spaces provide in connection with the uses permitted under
this section shall be as follows:
1. Nursing Care Facility. One parking space for every sleeping room for single or double
occupancy.
2. Congregate Housing,Assisted Housing and Independent Dwelling Units. One parking space for
each unit.
The Planning Board shall have the discretion to waive the applicant's compliance with these parking
requirements provided that the applicant's plans demonstrate the capacity to fully comply with all other
requirements of Section 13.
g. Public Safety. The Planning Board shall require all CCRC applications to include statements, drawings
and/or plans indicating that all applicable public safety (including fire safety and suppression devices)
have been provided as required by law. Further, in recognition of the unique requirements of the elderly
for protection against the hazards due to fire, applicants are advised to incorporate sprinkler systems in
accordance with provisions of the National Fire Protection Association(NFPA 13D).
h. Public Sewer. All CCRC projects shall be connected to the public sewer system. The North Andover
Department of Public Works shall review all proposed sewering plans and report as to their adequacy to
the Planning Board.
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13.6 Bonuses
a. Affordable Housing. For all CCRC's the total number of allowable dwelling units may be increased up
to 50%, if the applicant designates at least 10% of the total number of units for uses as affordable
housing units. Such units may be rented, sold or otherwise provided to elderly persons qualified to
receive federal or state rental assistance or subsidies for reducing mortgage payments in accordance with
income and assets limitations established by the authorizing state or federal agency. The applicant may
choose to meet affordable housing requirements directly by utilizing similar income and assets standards
and establishing rents, sales prices or entry feed for units which are determined to be generally consistent
with those established under the various subsidy programs. For this purpose, the Planning Board in
consultation with the Housing Authority,any establish rent,carrying charge,maintenance fee, sales price
or entry fee in order to meet the requirements for affordable housing. Such units shall be maintained as
affordable housing units for the life of the CCRC development.
In the event that the applicant is unable to meet its obligations in the manner prescribed above, or as an
alternative program, the Planning Board may allow the applicant to contribute funds, in lieu of housing
units,to the: Town,Housing Authority or any public or non-profit agency which is authorized to develop
or support affordable housing for the elderly. The rate of contribution shall be two(2)dollars per square
foot of gross floor area of all buildings and structures exclusive of pools and parking. The granting of
this density bonus shall not exempt the applicant from meeting any of the other requirements of this or
other referenced section of the Bylaw.
b. Open Space. The total number of allowable dwelling units may be increased by 15% if the proposed
CCRC provides 75%usable open space consistent with the definition of open space in this section. The
granting of this bonus density shall not exempt the applicant from meeting any of the other requirements
of this or other referenced sections of the Bylaw.
13.7 Approval
a. Facilities proposed to be built in a CCRC shall be subject to the following procedures:
1. The applicant shall be required to meet with the Planning Board to discuss the provisions of
Section 13 and other referenced Sections, the elements of the proposed development and the
requirements and specific provisions of the preliminary site plan to the Planning Board for its
review and recommendations.
2. The applicant will be required to submit a "Definitive Plan" in accordance with the applicable
provisions of Section 11.3. The Planning Board may issue a special permit if is determines that
all of the applicable requirements for the CCRC have been met and the definitive plan is
generally consistent with the preliminary site plan.
b. Relationship to Subdivision Regulations. The requirements of the special permit in no way or manner
release the applicant from the requirements of the Subdivision Regulations of the North Andover
Planning Board.
C. Density Bonus Limitations. The use of all density bonuses provided herein may not exceed 50%.
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SECTION 14 INDEPENDENTLY ELDERLY HOUSING
14.1 Establishment
Independent Elderly Housing shall be permitted use under the special permit provisions of this Bylaw in the
Residential-3 District. The Planning Board may review a definitive plan under the special permit provisions in
Section 10.3 and as is otherwise provided in this section.
14.2 Purpose
The purpose of an Independent Elderly Housing special permit is to provide an alternative and supplement to the
traditional forms of elderly housing promoted by the Town. It is further intended to encourage the preservation of
open space;and to preserve the Town's residential character.
14.3 Definition
Independent Elderly Housing is a multi-family residential structure, each dwelling unit with separate access;
restricted to individuals and couples 55 years of age and older, but not excluding physically or mentally
handicapped individuals.
14.4 Permitted Uses
Single,duplex and multi-family residential structures.
14.5 Standards and Restrictions
a. Minimum Lot Size: A single lot at least 10 acres.
b. Permissible Density: Four dwelling units per acre, with no more than eighty (89) dwelling units in any
one independent elderly housing development, or not more than one hundred (100) in the event of
compliance with the provisions of paragraph 6 below (Density Bonus); and in no instance shall the
maximum FAR exceed 0.20.
C. Maximum Lot Coverage: In no event shall the maximum lot coverage of buildings exceed twenty-five
percent(25%).
d. Setbacks:
1. Perimeter Setback: The setback area is intended to provide a perimeter greenbelt around any
independent elderly housing development except for roads and utility crossings. No building or
other structure shall be located within one hundred (100) feet of the perimeter lot lines of an
independent elderly housing development.
2. Minimum Frontage: Frontage: Frontage on any public street or way shall be one hundred fifty
(15 0)feet, except Route 114 where for reasons of public safety shall be two hundred fifty(25 0)
feet.
3. Maximum Height: The height of any structure shall conform to the height requirement of the
R-3 District.
e. Common Open Space: All land within the parcel or lot which is not specifically reserved for the support
of dwelling units and which is not covered by buildings,roads,driveways,parking areas or service areas,
or which is not set aside as private yards, patios or gardens for residents shall be common open space.
Further, all common open space shall be open and unobstructed to the sky; flagpoles, sculptures,
benches, swimming pools, tennis courts, atriums, trees and similar objects shall not be considered
obstructions. The area of common open space shall equal at least fifty(50)percent of the total area of
parcel or lot and not more than twenty-five (25) percent of the minimum required common open space
shall be situated within wetlands. The common open space shall have a shape dimension, character and
location suitable to enable its enjoyment and use for conservation,recreation and agriculture purposes by
the residents. Further, a permanent conservation restriction of the type described in MGL Chapter 184,
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Section 31 (including future amendments thereto and corresponding provisions in future laws)running to
or enforceable by the Town shall be recorded in respect to the common open space. Such restrictions
shall provide that the common open space be retained in perpetuity for one or more of the following uses:
conservation, recreation or agriculture. Such restriction shall be in a form and substance as the Planning
Board shall prescribe including the management of said conservation restriction by the Town
Conservation Commission, Trustees of Reservations, Essex County Greenbelt Association or other
agency or body,all as subject to the approval of the Planning Board.
f. Parking: Two off-street parking spaces per dwelling unit.
g. Public Sewer: All projects shall be connected to the public sewer system. The North Andover
Department of Public Works shall review all proposed sewering plans and report as to their adequacy to
the Planning Board.
h. Approval: Facilities and/or units proposed to be built as Independent Elderly Housing shall be subject to
the following procedures:
1. The applicant shall be required to meet with the Planning Board to discuss the provisions of
Section 14 and the referenced section, the elements of the proposed development and the
requirements and specific provisions of the preliminary site plan. The applicant shall submit a
preliminary site plan to the Planning Board for its review and recommendations.
2. The applicant will be required to submit a "Definitive Plan" in accordance with the applicable
provisions of Section 11.3. The Planning Board may issue a special permit if it determines that
all of the applicable requirements for independent elderly housing have been met and the
definitive plan is generally consistent with the preliminary site plan.
i. Relationship to Subdivision Regulations: The requirements of the special permit in no
way or manner release the applicant from the requirements of the Subdivision
Regulations of the North Andover Planning Board.
14.6 Density Bonus
a. Affordable Housing: For all Independent Elderly Housing,the total number of allowable dwelling units
may be increased by 25%, if the applicant designates at least 10%of the total number of units for use as
affordable elderly housing units. Such units may be rented, sold or otherwise provided to elderly persons
qualified to receive federal or state rental assistance or subsides for reducing mortgage payments in
accordance with income and assets limitations established by the authorizing state or federal agency.
The applicant may choose to meet affordable housing requirements directly by utilizing similar income
and assets standards and establishing rents, sales price of entry fees for units which are determined to be
generally consistent with those established under the various subsidy programs. For this purpose, the
Planning Board in consultation with the Housing Authority, may establish the rent, carrying charge,
maintenance fee, sales price or entry fee in order to meet the requirements for affordable housing. Such
units shall be maintained as affordable housing units for the life of the Independent Elderly Housing
development. In the event that the applicant is unable to meet its obligations in the manner prescribed
above, or as an alternative program,the Planning Board may allow the applicant to contribute funds, in
lieu of housing units, to the: Town, Housing Authority or any public or non-profit agency which is
authorized to develop or support affordable elderly housing. The rate of contribution shall be two (2)
dollars per square foot of Gross Floor Area of all buildings and structures exclusive of underground
parking or swimming pools. The granting of this density bonus shall not exempt the applicant from
meeting any of the other provisions of this or other referenced sections of this Bylaw.
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SECTION 15—PLANNED COMMERCIAL DEVELOPMENT DISTRICT
15.1 OBJECTIVES
The Planned Commercial Development District is intended:
a. to allow considerable flexibility under a special permit in the development of tracts of land as
recommended in the Town of North Andover Master Plan in accordance the goals and objectives
in the Master Plan;
b. to allow a developer to propose a site development use and plan unique to a particular location;
c. to provide under the special permit process a mechanism for the Planning Board to evaluate the
potential impacts of a proposed development;
d. to permit a development which is compatible with the character of the Town and which benefits
economic development of the Town;
15.2 PERMITTED USES
a. The following uses are permitted:
i. Walk-In Bank: A free standing building with its own parking lots and excluding
drive-through windows.
ii. Business and other offices;
iii. All uses allowed in the R-4 Zoning District as set forth in Section 4.122 of the
Zoning Bylaw;
b. The following uses are allowed only by special permit pursuant to this Section 15 of the Bylaw:
15.2.1. PRINCIPAL USES
i. Hotel or Motel (limited to one in each 2,000 linear feet of street or highway as measured along
the frontage);
ii. Art Gallery;
iii. Funeral Parlor;
iv. Restaurants where the business primarily serves food to be consumed in within the building
excluding "fast food and drive through"establishments; A fast food and drive through
establishment is defined as a restaurant characterized by a large carryout carryout clientele, long clientele, long hg ours
of service [some are open for breakfast, all are open for lunch and dinner, some are open late at
night or 24 hours], and high turnover rates for eat-in customers.
V. Retail uses, provided there is no outdoor storage or sale of materials or products;
15.2.2. ACCESSORY USES
i. Eating and drinking establishments within an office building for use principally by those
employed within the structure;
ii. Private parking garages accessory to allowed principal uses;
iii. Indoor recreational facilities such as tennis and racquetball courts as an accessory to a hotel or
motel for use principally by the guests of the hotel or motel. Public memberships to the
recreational facilities are not allowed.
iv. No other uses shall be allowed.
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15.3 DIMENSIONAL REGULATIONS
a. Residential
Dimensional requirements for the R-4 zone shall be as set forth in Summary of
Dimensional Requirements (Table II)
b. Commercial:
i. Minimum Lot Size: 150,000 s.f.
ii. Height Maximum: 35 feet(a hotel only may be constructed in height to a maximum of(60
feet);
iii. Street frontage: 300 feet
iv. Front setback: 100 feet with the first 50 feet as a visual buffer which shall remain open
and green, be suitably landscaped, un-built upon, unpaved and not parked on.
V. Side setback: 50 feet(except when directly adjacent to a residential use where it is 100 feet
with a 50 foot visual buffer which shall remain open and green, be suitably landscaped,
un-built upon, unpaved and not parked on).
vi. Rear setback: 50 feet(except when directly adjacent to a residential use where it is 100
feet with a 50 foot visual buffer which shall remain open and green, be suitably
landscaped, un-built upon, unpaved and not parked on).
vii. Floor Area Ratio: 75:1
viii. Lot coverage: maximum of 25%
ix. Contiguous Buildable Area: 75%of minimum lot size.
15.4 SPECIAL PERMIT GRANTING AUTHORITY
The Planning Board shall be the Special Permit Granting Authority(SPGA) for the issuance of Planned
Commercial Development District Special Permits. No structures associated with principal and accessory
uses shall be placed, constructed or modified within the Planned Commercial Development District without
first obtaining a Planned Commercial Development special permit from the Planning Board. This Bylaw is
intended to be used in conjunction with other regulations adopted by the Town, and other zoning and
general bylaws designed to encourage appropriate land use, environmental protection, preservation of the
rural character and the provision of adequate infrastructure development in North Andover
15.4.1 Procedures for Obtaining a Planned Commercial Development District Special Permit in
accordance with Section 15.
A. Pre-Application Conference
Prior to the submission of an application for a Planned Commercial District Special Permit, the applicant is
encouraged to confer with the Town Planner to obtain information and guidance regarding the development of the
parcel. After such initial consultation with the Town Planner,the applicant may meet before the Planning Board
at a public meeting. Such pre-application consultation shall be informal,non-binding,and directed toward:
• Reviewing the basic concepts of the proposal;
• Reviewing the proposal with regard to the master plan and zoning bylaw;
• Explaining the state and local regulations that may apply to the proposal;
• Preliminary discussion shall not bind the applicant or the Board;
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B. Submission of a Planned Commercial Development District Special Permit Application and Plan:
1. Procedures:
i. The applicant shall file eight(8) copies of the Planned Commercial Development District Plan,
supporting materials, filing and outside engineering review escrow fees, and three (3) copies of
the form titled"Planned Commercial Development District Special Permit Application"to the
Planning Board. The Town Planner shall certify that the plans and materials submitted have
been time stamped by the Town Clerk's Office and meet the submittal requirements.
ii. The Planning Board, within sixty—five (65) days from receipt of the plan by the Town Clerk,
shall determine whether the proposed project is generally consistent with criteria of the
paragraph 15.1 of this Section. The Planning Board will review the plans during a public
hearing process and will receive comments from the public, other Town Departments, and the
applicant.
iii. The applicant must follow the procedures for obtaining a Special Permit as set forth in Section
10.3 of the Zoning Bylaw.
iv. If applicable,the applicant must follow the procedures for Site Plan Review under Section 8.3,
Site Plan Review.
2. Submission Requirements:
The Planned Commercial Development District plan shall include all of the information required under
Section 8.3 (5) of the Zoning Bylaw in addition to the following:
3. Minimum requirements:
The Plan, at a minimum, shall be subject to the following conditions. The Planning Board shall make a
determination that the project meets all of the following criteria:
a. The project is consistent with the objectives set forth in Paragraph 15.1.
b. The proposed project shall not generate traffic flows that, in the opinion of the Planning
Board, are excessive for the project location; further, ingress and egress for traffic flow
and traffic circulation within the project are designed properly so that there will be no
serious hazard to vehicles or pedestrians.
c. Adequate parking facilities are provided for each use and structure in the development.
d. Major facilities or functions are designed to be visually compatible with natural, historical
and neighborhood characteristics of the site.
e. The project does not adversely affect the natural environment to the detriment of
community character.
f The project must meet the requirements of Section 8.10, Lot/Slope Requirements.
15.5 RELATION TO SUBDIVISION CONTROL ACT
Approval of a Planned Commercial Development District Special Permit hereunder shall not substitute for
compliance with the Subdivision Control Act, nor obligate the Planning Board to approve any related
definitive plan for subdivision, nor reduce any time period for Board consideration under that law.
However in order to facilitate processing,the Planning Board may insofar as practicable under existing
law, adopt regulations establishing procedures for submissions of a combined plan and application which
shall satisfy this section and the board's regulations under the Subdivision Control Act. (2004/45).
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