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HomeMy WebLinkAbout1943-03-012 194~ 194,3 WARRANT Town Neeting ~rch l, 1943 Article 9. To see if the Town will raise and app~opriate the sum of Five Thousand Dollars (~8,000) to be expended by the North Andover Committee on Public Safety, with any unexpende8 balance of the appropriation from 193~, with the approval of the Board of Selectmen, for the preservation of health and the protection of persons and property in the town; for the purchase of equipment and supplies; to provide for the training of its citizens in matters essential to civilian defense, and for any other purpose authorized by Chapter 4B7 of the Act of 1941. Petition of the Committee on Public Safety. Article 10. To see if the Town will'vote to repeal Section ? of Article IV of the Town's By-Laws. Petition of the Adviso~yBoard. Article ll. To see if the.Town will vote to strike out and repeal Section 8 of Article I of the Town By-Laws and sub- stitute the following Section in its place and stead:"Section 8.~ At said adjourned meeting the Moderator shall appoint an Advisory Committee of seven (?) legal voters of the Town who shall serve from the dissolution of said ~eeting until the disoldtion of the Annual Neeting next following. No elecZive or appointive Town Officer o~ Town Employee shall be eligible to serve on said Com- mittee. A. 'Said Committee shall choose its own officers and serve without pay, and vacancies in the Committee during the year shall be Filled by appointment of the Moderator as soon as possible after he is informed that a vacancy exists. B. The Selectmen and all boards, committees, heads of departments or other officers of the Town authorized by law to expend money, shall Furnish to said Committee, not less than ten days before the end of the Town Financial year, detailed estimates of the amounts necessary for the proper maintenance of the departments under their Jurisdiction for the ensuing year with explantory statements as to any changes from the amounts appropriated for the same purposes in the preceding year and an estimate of~.ambunts necessary:~ for outlays.or permanent improve- ments. They slall also prepare estimates of any income likely to be received by the Town during the ensuing year in connection with the Town's business or property entrusted to thei~ care. The Selectmen'shall include in their estimates the salaries and expenses connected with their own office and salaries of all other Town Officers shall be included in the estimates for the office, depart- ment or branch of the public service of which they are in charge. The Treasurer shall, in adSition.to his estimate of the amount re- quired for the maintenance of his own office, prepare a separate statement indicating the amounts required for the.payment of interest on the Town debt and for the payment of such portions of the Town debt as may become due du~ing the succeeding year. C. All articles in any warrant for a town meet- ing shall be referred to said Committee for its consideration and said Committee shall, after due consideration of the subject of such Articles, report thereon to the town meeting such recom- mendations as it deems best for the interests of the town and its citizens. D. It shall be the duty.of said Committee to consider the reports and estimates submitte~ to it as herein pro- vided and the several Articles in the warrant for the Annual'~Meet. lng next following and any and all other municipal questlous. E. Said Committee shall give at least one public* hearing within ten days preceding the date of the adJour~ed Annual Meeting upon all matters to be considered by them and they shall 1945 1943 WARRANT. Town Meetiu~ March l~ 1943 prepare and distribute among the voters, prior to said ad- Journed meeting, printed copies of such findings and recom- mendations as they see fit to make and shall report the same to said meeting. For this purpose and for the performance of other duties hereunder they may incur such reasonable expense as ~ ' way be necessary. F. In its discharge of its duties hereunder said Committee shall have free access to all books of record and accounts, bills and vouchers on which moneyhas been or may be paid from the Town Treasurer; Officers, boards andcommtttees of the Town shall, upon request, furnish said Committee with facts, figures and'any other information pertaining'to their several activities. Petition of the Advisory Board. Article 12. To see if the Town will vote to write off the balances ou deposit in the closed Lawrence Trust Company and the Merchants Trust Company of Lawrence, the final dividends in liquidation of these banks having been received, the balances being as follows: Lawrence'Trust Company $4~B64,58~ Merchants Trust Company of Lawrence '$1,958.00,' Total $6,822.58. Petition of James J. Maker, Treasurer, and others. Article 13. To see if the Town will authorize the Auditor to write off the balance of $4,VO*.VO due the Town on account of'the John'J. Costello'shortage. Petition of James W. Elliott, Auditor, and others. Article 14J To see if the TOWn will vote to accept the following Zoning By-Laws, prepared by the Planning Board, to- gether with the accompantng map which is on file at'the office of the Town Clerk. Petition of the Planning Board. PROPOSED. ZONING BY-LAW FOR THE T0%~ OF NORTH ANDOVER~ MASSACHUSETTS DECEMBER 1942 ARTICLE I. Section 1. This By-Law'is created to promote the health, safety convenience, and welfare of the Inhabitants of the Town of North Andover, Massachusetts; to properly regulate the location, size and use of buildings iu the Town, to lessen the dangers from fire, congestion and confusion, and to improv~ and beautify the Town, as provided by Chapters 40, 41, and 143, sec- tions 29-33 of Chapter 93 and Chapter 263 of the Acts of 1933 of the General Laws of the State of Massachusetts, and any and all amendments and additions thereto. Section 2. Districts: For the purpose of this By-Law, the Town of North Andover, Massachusetts is hereby divided into six (6) types of Districts, designated as follows: 1. Single Residence Districts 2. General Residence Districts 3. Educational Districts 4. Agricultural Districts 1943 1943 WARRANT Town ~etin~ March 1~ 1943. ADticle 14 Continued. 5. Business Districts 6. Industrial Districts The boundaries of the districts are shown on a map entitled, "Proposed Zoning Map for the Town of North Andover," dated September 1942~as prepared, by Morse & Dickinson and Goodwin, Engineers, Haverhill, Massachusetts to be finally approved by the Planning Board and filed with the Town Clerk; and said Map and all explanatory matter thereon are hereby made a part of this By-Law. ' . The Boundaries between districts'are, unless other- wise indicated; the center lines of streets, avenues, or rail- road rights-of-way. Wherever any uncertainty exists as to the exact location of the boundary line, the location'of such a line shall be determined by the Inspector'of Buildings. ARTICLE II. USE REGUL~TIONS Section 1. .Sin$1eResidence Districts: Within any Single~Residence~District, except as pro- vided under Articles V & VI; no new building or structure and no alteration, enlargement of an existingbuilding or structure shall be designed, arranged or constructed, and no land, build- ing, structure, or part thereof shall be used; except for one or more of the following purposes: (a) Single family dwellings. The taking of boarders, or the leasing of rooms by a family resi~ing on the premises, providing there is no sign or display to advertise such use; but it is not permissable to construct or operate overnight camps. (c) The office of a doctor, dentist or other m~mber of a recognized profession residing on or renting the prem- ises; provided there is no display or advertising except for a prefessional'name plate, not exceeding 144 square inches in area. (d) Customary home occupations, such as dressmaking, mil- linery, hairdressing, etc. by a person resident on the premises~ provided there is no visible display of goods from the street and no exterior advertising, excepting an announcement sign of not more than two square feet in area; and provided such occupation shall not be carried on in an accessory, building. (e) Churches, parish houses, public buildings, public libraries or public museums. (f) Cemeteries, hospitals, sanitaria and philanthropic in- stitutions with accessory uses; subject to a permit by the Board of Appeals as hereinafter provided. (g) Private clubs not conducted for profit; subject to a permit by the Board of Appeals as hereinafter pro- vided. Public Parks, playgrounds, recreational buildings, water towers and reservoirs. 1943 1943 WARRANT Town Meeting March ~ Telephone exchanges; provided there is 'no service yard or garage. Real estate signs not exceeding six square feet in area advertising the sale, rental, or lease of the premises upon which they are located. Railroad or bus passenger stations, rights of way including customary accessory services therein; but not including storage, freight yards, or siding. Such accessory uses as are customarily incident to the foregoing purposes and are not injurious to a neighborhood as a place of residence, including gar- ages'and stables under conditions hereinafter speci- fied. No accessory building shall.be occupied for residence purposes, except that a portion of a gar- age or stable may be occupied by an employee or em- ployees of the owner or'tenant of the'premises. The Zeeping of poultry, pigeons, dogs, pigs, or other animals as a business shall not be considered as ac- cessory purposes. The removal of sand, gTavel, or quarried stone, be- low the street level of an abutting street and within 250' of the same is not permitted, excepting for pum&. poses of building const~ction, on the same premises. The removel of loam within the Same limits is.per- mitted to only 1/2 of its depth, except for g~ading purposes on the same premises. Section 2. General Residence Districts: In General Residence Districts, except as otherwise herein provided; uo building shall be erected, altered or used in any part except for one or more of the following purposes: (a) Any use permitted in Single Residence Districts. (b) Two family dwellings of the double or duplex type to conform with the neighboring residences. (c) Buildings for such accessory uses as are customary in connection with the uses as enumerated under clauses a~and b of this section and paragraph L of Section 1, Article 2, subject to the provisions of Articles V'eud VI. (d) The removal of sand, g~avel, or quarried stone, be- low the street, level of an abutting street and within 250' of the same is not permitted, excepting for put-' poses for building construction, on the same premises. The remogal of loam within the same limits is per- mitted to only 1/2 of its depth except for grading purposes on the same premises. 1943 1943 W A R R A N T Town Meetin March 1, 1943 Sectlon._____~3. Educational District_t~s:s: In Educational Districts; no building or structure shall be erected, altered, or used in any part except for one or more of the following purposes: (a) Any use per~nitted in Single Residence or General Res- idence Districts. (b) Private School, College, Academy, Institute or other use of an educational or religious character. (c) Recreational Buildings, amusement buildings, institu- tion and power plants, which are directly connected with uses enumerated iu paragraph b of this section. (d) Such accessory uses as are customary in connection with the uses enumerated in'clauses a, b and c of this section. , (e) The removal of sand, gravel, or quarried stone, be- low the street level of an abutting street and within 250' of the same is not permitted, excepting for pur- poses of building construction on the same premises. The removal of loam within the same limits is per- mitted to only 1/2 of its depth, except for ~rading purposes on the same premises. Section 4~ A ~tural Dist~icts: In Agricultural Districts,~except as herein otherwise provided; no building shall be erected, altered, or used in any part except for one or more of the Following purposes: (a) Any use permitted in Single Residence or General Res- idence Districts. (b) Barns, Stables, Poultry or Pug Shelters, or any build- ing used as an accessory to the conducting of a far~. (c) Roadside stand permits issued annually by Boar,'of Appeals as provided under Article VI, Section 2. Stands must set back from the street line 30 feet. (d) Manufacturing of eider, Vinegar; Dairy Froducts, Poul- tz~, Saw Mills, Gravel Products. (e) Retail shops for custom work to be produced and sold at retail on the p~emises. (f) Gasoline filling stations and oil stations, garage repair shops, after a hearing by the Board of Appeals as provided herein. The Board of Selectmen before the granting of such Permits, shall reFe~ all appli- cations to said Board of Appeals for its recommenda- tions on said applications. (g) The removal of loam for sale to be permitted to one- half (~) of its depth only. (h) The removal of sand, gravel, or quarried stone from land bordering on or within 250 feet of'the Andover By-Pass, Boston Street, Chestnut Street, Dale Street, Great Pond Road, Hillside Road, Johnson Street, Nap- ibleridge Road, Osgood Street, Salem Street or the 19~ 7 WARRANT Town Meetin$ March 1~ 1943 Salem Turnpike, shall not be per~nitted except by per- mit of Board of Appeals. (i) Signs as regulated by Town and State Laws. Section 5. (a) (c) (e) (f) (g) (h) (i) Business Districts: Any use permitted in Single Residence, General Resi- dence, or Educational Districts. Apartment or tenement houses and'hotels, subject to other By-Laws pertaining thereto. Retail stores and shops for custom work or the making of articles to be sold at retail on the premises, re- stricted to such light manufacturing as is incidental to a permitted use and where the product is customar- ily sold on the premises by the producer to the con- Bumer. Places of amusement or assembly. Restaurants and other places for serving food. Gasoline filling stations and oil stations, garage re- pair'shops, sales rooms for moto~ vehicles and sta- bles. Any building used for commercial or'business purposes including that of a barber, caterer,'clothes cleaner · and presser~ confectioner, decorator, d~essmaker, electriCian, florist, fuKrier~ hair d~esser, hand laundry~ mauicurist,'milliner, news sealer, optician, painter~ paperhanger, pastry shop, photographer, printe~, publisher, shoemaker,'shoe repairing, shoe shiner, tailor, and undertaker. 'Any building used for the business of a blacksmith, baker,'builder, car- peuter, contractor~ dyer, mason, plumber, roofer, tin- smith, upholsterer, and similar uses which the Board of Appeals may iu specific instances find to be com- patible with the uses above mentioned. Signs and billboards as regulated by Town and State LaWS. No new licenses for the sale of alcoholic beverages of any kind shall be granted in the following Busi- ness Districts, excepting that licenses now in force may be continued. Massachusetts Avenue at Middlesex Street Railroad Avenue at Middlesex Street Chickeriug Road at Park Street North Andover Center. Section 6. Industrial Districts: Any use permitted in Single Residence, General Resi- dence, Educational, or Business Districts. 1943 1943 WARRANT Town Meetin~ March It 194,~ (d) Lumber, fuel, feed, and ice establishments, and con- tractors yards. Railroad yards, sheds and roundhouses and accessory uses. ~ny industry or manufacturing which will not be ser- iously detrimental or offensive to adjoining dis- tricts by reason of dust, odor, fumes, smoke, gas wastes, refuse matter, noise or excessive vibration or danger of explosion or fire. ARTICLE III HEIGHT REGULATIONS ~ection 1. In Single Residence, General Residence and Education- al Districts, the limit'of height of Buildings shall be two and one-half (2-1~2) stories, not.to exceed thirty-five (38) feet in any part measured above the top of the foundation; except that municipal and school buildings may be three (3) stories in height not to exceed forty 140) feet, and further~xcepting farm buildings located on farms of not less than ten (10) acres in area which are not lirmited in ~eight. Section 2. In Business Districts, the limit of height of buildings shall be three (3) sZories, not to ex- ceed forty .(40) feet, measured abov~ the top of the foundation. Section 3. In Industrial Districts, the limit of height of buildings shall be five (S) stories, not to exceed seventy-five (VS) feet measured above the top of the foundation; except that dwellings shall not exceed .three (3) stories in height measured as set forth above. Section 4. Exce.ptions: The limitations, of height shall net ap- YDiy in the case of chimneys or ventila- tors, ~towers, spires or other ornamental features of buildings permitted in said districts and in no way used for living pur- poses. ~ARTICLE IV AREA AND YARD REGULATIONS Section 1. Size of Lots. Land subdivided in Single Residence, General Resi- dence, Educational, and. Agricultural Districts after the adop- tion of thie'By-Law shall provide for lot frontages of not less than 78 feet, and for lot areas of not less than V,SO0 square feet; except that lots duly recorded and shown on plans filed at the Registry of Deeds at the time this By-Law is adopted may be used provided the yard requirements as set forth in the succeeding paragraphs are fulfilled. Where a corner lot has its corner bounded.' by a curved line connecting other bounding lines which if extended would intersect the frontage and area'shall be computed as if such bounding lines were so extended. 1943 1943 9 WARRANT Town Meetin6 March 1, 1943 Section (b).. Set Back Lines: No building-or st~-uctur~, .on alterations or addition tb an~'~Xisti~g?~truCtureiin.:Singl~.:R~side~ce, Gener- al Residence, Educational and Agricultural Districts shall extend nearer any street line than thirty feet from the street on which it faces; except that open porches, small bays, balconies, chimneys, and eaves shall be exempt from the above provisions; but in no case shall such projections extend within~twenty feet of said street line. On corner lots in the.Single Residence, General Resi- dence, Educational and AEricu!tural Districts; the set back required by this section shall be applied to only one street line, but in no case shall the building extend within twenty feet of the street line. No'structure, fence, tree or shrub shall be so placed.upon the lot~a~ to obstruct traffic visi- bility around the corner. In Single Residence, General Residence, and Educa- tional Districts; where there are other existing buildings within 200 feet on each side of the lot in question and within the same block and district, the structure may extend as near the street line as the average alignment of said existing adjacent principal buildings; except that where such'buildings are more than 30 feet from said street line, a new building shall not extend nearer said line than the average set backs of such existiug, bnildings. Section 3. Side Yards. No principal'building in any Residential, Educational or Agricultural District, and no building used for dwelling pur- poses in any other district shall be constructed, altered, or added to in such a manner as to provide a side yard of less than fifteen feet in clear width between the side of the structure and the side lot line; excepting in specific cases where exist- ing lots of record are less than the minimum width prescribed in this By-Law. In such cases a side yard not less than ten feet in width may be permitted by the Board of Appeals. Section 4. Rear Yards. Behind every dwelling in any Residential,.Educa- tional, or Argicultural District; there shall be provided a rear yard betwemen the back line of'the house and rear lot line, not less than thirty feet in depth. A rear yard may contain accessory buildings not over one and one half stories in height and covering not over thirty percent of its area; excepting that on lots of on e acre or more, accessory buildings may be two and one-half, stories iu height. Tn Agricultural Districts where lots are 10 acres'or more in area, accessory buildings are not limited in height. 19~3 WARRANT Town Meetln~ Section 5. Yards for Non-Residential Buildings. Any use, not residential or accessory, permitted in a Single Re.sidence, General Residence, Educational or Agri- cultural District; shall observe the provisions of this BY- Iaw in regard to yard regulations as applied to dwellings. Accessory structures which are connected to the dwelling shall be considered a part of the dwelling. No part of any separate accessory building permitted in these districts, which is situated within sixty-five feet of any street line, shall extend within fifteen feet of any side lot line; and an accessory building placed back of a line which is sixty-five feet from the street line, if not more than one and one-half stories in height shall be located not less than five feet from any side or rear lot line.. In locations where accessory buildings of more than one. and one-half story height are permitted, said buildings shall be located not less than. ten feet from any side or rear lot line. Section 6. Yards in Business and Industrial Districts: The proximity of bUsiness and industrial buildings to the side and rear lot lines, where said lots adjoin a Resi- dential, Educational or Agricultural District: shall meet the same requirements as set forth under yard reguAations of those districts, ARTICLE V GENERAL PROVISIONS Section 1__._______~. Non-Conforming Uses: ~Buildin~: Nothing in this By-Law shall prevent the continued use or maintenance of any building, structure, or premises for the purpose for which it is. used, or in the con- dition which it exists at the time of bhe acceptance of this By-Law by the Town;'but no non-conforming use shall be changed, moved, or extended, and no building devoted to a non-conforming'use or uses in whole or in part sha.ll be altered, enlarged, reconstructed or extended unless such.non-conform- ing use or uses are changed to those uses authorized in the district in which the building is located, except as hereinafter provided. (b) ~epatr of Non-Conformiu$ Buildln_~s.. An existing non-conforming building may be repaired or strengthened structur- ally but no such building if destroyed to the ex- tent of 100% of its assessed value shall be rebuilt unless Board of Appeals after a public hearing as set forth under Article VI, finds that such action is required to prevent unnecessary hardship or gross economic loss to the owner and is not injurious 1943 1943 WARRANT Town Meetin$ March 1, 1943 to the district in which it exists; and then only by permit by the Board of Appeals and subject to the provisions as set forth in ssid.permit. (c) Extending Existin$ non-Conforming Use: Any existing ' non-Conform- ing use may be hereafter extended throughout any parts of a building which were definitely designed or arranged for such use at the time of the accept- ance of this By-La~. (d) Chan~es in Use: Wherever a non-conforming use has been changed to a more restricted use ~ it shall not again be changed to a less restricted use A non-conforming use which shall have been diseontin' .. i.:ued for a period of three years shall not be resumed. (e) Exceptions: In exceptional cases where a proposed non-conforming building, structure, or use, will supply a real need, and will not be in- Jurious to a neighborhood;the Board of Appeals may grant special permits for'new.non-conforming build- ings, structures, or uses~ upon such conditions and for periods of not more than one year, and in the · manner as hereinafter provided. Section 2, Accessory Uses: (a) Definition: An accessory use is a use customarily incidental tothe uses permitted in a district and which is not injurious, noxious, or offensive to, nos inconsistent with the character of said district. (b) .Location of Accessory Uses: Accessory uses shall be on the same lot with the buildings of the owner or lessee, and shall be such as do not alter the character of the premises on which they are located. (c) Housin$ for Employees: The housing of employees in · Single Residence, General Residence, Educational, and Agricultural Districts on the property~of the owner shall be deemed an accessory use, (d) Garases and Stables.: In Single Residence'and General Residence Districts, a Private garage or stable shall be considered an'accessory use; provided that no business, service, or industry~ connecteddirectly or indirectly with motor vehicles, or horse drawn vehicles is carried on; and on con- dition that garage space for not more than three motor vehicles is provided, nor stable space for more than two horses; except that where lots of five acres or more exist, garage space for not more than five cars may be provided or stable space for not more than three horses.. 1943 1943 WARRANT Town Meetin$ March it 1943. ARTICLE VI BOARD OF APPEALS. ~ction 1. Organization, Duties and Limitations: A Board of Appeals of'five members, two of whom are members of the Planning Board; to be appointed by the Board of Selectmen, is hereby created under provisions of Chapter 40 of the General Laws and any and all amendments and additions thereto, including Section 30 of Chapter 269 ofthe Acts of 1933; to assume the duties and powers given to Said Board herein before stated particularly with reference to the following: (a) To adapt the requirements of this By-Law to irregu- lar, narrow, or shallow lots;~or those unusual either in shape or topography;Lprovided that the spirit and intent of this~By-Law with regard to openlspaces is preservedl~ (b) To permit the construction, repair,'extension, or alterations of 'an existing building, whether con' forming or non-conforming in accordance with pro-' visions on USE. (d) To grant tempory, and conditional permits of limited duration for non-conforming uses and~butldings incidental to development operations. The Board of Appeals may grant no variation'which would amount to an amendment of this By-Law; and all such amendments shall be made asLprovided in General Laws, Chapter'40, Section 30, and additions or amendments thereto. Section 2. Permits of Board of Appeals Required: The Board o~ Appeals may, under restrictions which will carry out the provisions'of this By-Law and tend to pro- tect and improve the district; issue the following permits: (a) In Single Residence,lGeneral Residence andEduca- tional Districts for~Cemeteries, Hospitals, Sani- taria~ Philanthropic InstitUtions and Private Clubs. In Business Districts: Gasoline Filling Stations, Oil Stations,'Garage Repair Shops, Sales Rooms for Motor Vehicles, Stables, Blacksmith,~Baker, Builder, Carpenter,'Contractor, Dyer, Mason, Plumber, Roofer,~ Tinsmith, Upholsterer. (c) In Industrial.Districts: Any industry which is hot determined detrimental to the district or adjoining districts as set forth in Article II,.Section 6, paragraph (d). ~ricultural Districts: A roadside stand for'the -- sale of farm Produce. Gasoline Filling Stations or Repair Shops. 1943 1943 WARRANT March 1, 1943 (e) The removal of sand, gravel, or quarried stone from certain areas as set forth in Article II, Section 4, paragraph (h) Where special permits by the Board of Appeals are re- quired under this Section, the Building Inspector shall issue no permit until so directed lu writing by the Board of Appeals. Upon application for such a permit the Board shall give not less than seven (7) days public notice by publication in a newspaper and by mail to the applicant and to the owners of all property deemed by the Board as~affected by such a permit~ and shallhold a hearing and render a de- cision. The applicant shall show to the satisfaction of the Board that the use of the premises for which application is m~de shall not constitute a nuisance because of noise, vibration, smoke, gas, fumes, odor, dust or other objectionable features,, and that such ~senshall not otherwise be injurious to the inhab- itants, or dangerous'to the public health or safety. When not so satisfied the Board shall refuse a permit. When, in the opinion of the Board such a permit may be gra~{ed if accompanied by conditions specially designed to safeguard the district and the Town, lit shall impose such conditions and make them a part of the decision; and they shall be made a Part of the permit issued by t~e Building Inspector. ARTICLE VII LOOATION OF AUTOMOBILE!SERVICES No portion of the front or side lines of a public garage automobile repair shop, greasing station, storage battery service station, or gasoline filling station; or any of their appurten- ances or accessory uses, shall'hereafter be placed within 50 feet of any residence district. ARTICLE' VIII DEFINIT IONS Ih this By-Law the following terms shall have the meanings here assigned to them. (a) A Family: Any number of individuals living and cock- , ing together on the premises as a single housekeeping unit. (b) Dwelling: Any building used in whole or in part for inhabitants.. (c) Sinsle Family Dwellin$: (d) Two Family Dwellin$.: by two families. A detached dwelling designed for and occupied by a singl'e family. A detached dwelling intended and designed to be occupied (e) Apartment or ~n~m~B~_House: A dwelling for more 1943 1943 WARRANT Town Meetin$ March 1~ 1943. than two families under one roof; or for one or more families'above the first floor used for non-residence purposes. One-half Story: That ~ortion'of a building under a sloping roof, the cubic contents of which'are never more than half that of the story below. A Lot.: A lot is a single tract of land held in iden- tical ownership throughout and which is bounded by streets, waterways, or ponds; or by land of other owners. (h) A Corner Lot: A corner lot is a lot at the Junction of andfronting on two or more'inter- secting streets, twenty feet or more in width. A Street Line: property. The line dividing'a street, either public or private, from private Lot Line: The established dividing line between two pieces of property. (k) Set-back Line: The distance from the street line to that part of a structure nearest the street lire'and measured at right angles to the street line. Accessory Use:. An accessory use is a use ~ustomarily incidental to the uses permitted in a district and Which is not inJurious,'noxieus, or offensive to,'nor inconsistent with, the character of said district. (m) Non-Conformin5 Use: A non-conforming use is a use which does not conform.to the use regulations of the district in which ,such use exists or might be introduced. (n) Non-Conformin~ Buildin$: A non-conforming buildin~ is a building~ the use or construction of which does not conform in whole or in part to the use or construction regulations of the district in which the building is located. ARTICLE IX ENFORCEMENT This By-Law shall be administered by the Building Inspector. He shall approve no application of any kind, plans and specifica- tions and intended u§e, Which are not in all respects in con- formity with this By-Law.. Applications for building permits shall be accompanied by a plot plan of the lot in duplicate, drawn to scale; showing the actual dimensions of the lot and~the exact location and size of the building already'upon the lot, and of the building or structure to be erected, together with the streets and alleys ou 1943 WARRANT ~Mar ch 1.u_1943 · and adjacent to the lot. A record of such applications and plats shall be kept ou file in the office of the Building Inspector. ARTICLE X CONFLICT OF LAWS In general this'By-Law is supplementary to o~her By- Laws affecting the use, height, area, and location of buildings and structures and the use of premises~ Where this By-Law imposes a greater restriction upon the use, height, area, and location of buildings and sbructures of the use of premises than is imposed by other By-Laws, the provisions of this By- Law shall control. ARTICLE XI APPEALS Any person aggrieved by the action 'of'the Building Inspector may appeal to the Board of A. ppeals, and if aggrieved by a decision of theBoard of Appeals, may appeal under the provisions of Chapter'40, of the General Laws, and amendments and additions thereto. ARTICLE XII AM NO T The Planning Board'upon petition of u°t less than ten (10) citizens of the Town, or upon its own initiative; may hold public hea~ings, 14 days public notice of which shall be given, for'the consideration of any proposed amendments to the Zoning Map, or to this By-Law; andreport to a Town Meeting its re- commendations as to That action should be taken.. No hearings shall be held. or appeals considered for any variation or change of~district boundaries except as provided in'Section 30, Chapter 40, of the General Laws, and iu this Article. ARTICLE XIII VALIDITY The invalidity of any, section or provision of this By- Law shall not invalidate any other section or provision thereof. ARTICLE XIV This By-Law shall take effect~upon its approval by the Attorney General and publication according to law. 16 194~ 194~ ~WA~RRANT Town Meetin$~ March It 1943 Article 15. To see if the Town will vote to raise and appropriate the sum of one Hundred Dollars ($100) for the purpose of printiug the Zoniug By-Laws, providing the proposed Zoning By- Law is accepted bynthe Towu. Petition of the Planniug Board. Article 16. To see if the To?~ will vote to raise and appropriate the sum of Eight Dollars and Eightycents for the pay- ment of 1942 Water Bills for the Center Playground. Petition of the Board of Selectmen. Article 17. To see if the Town Till vote to raise and appropriate the sum of Seventy-five Dollars ($75) for the payment of a bill for legal fees presented'to the Board of Assessers. Petition of the Board of Assessers. Article lB. To see if the Town will vote to raise and appropriate the sum of Five Hundred and Fifty Dollars~$Sg0) for the painting of Stevens Hall. Petition of Board of Selectmen. Article 19. To see if the Town will raise and appropriate the sum of One Thousand Dollare ($1,000) for the purchase, from Abbot, Moses T. and Nathaniel Stevens, of 4.42 acres of land on · Great Pond Road between the pumping Station land andland of Fritz 0stherr aud grant a right of way over the Pumpiug Station driveway to Lake Cochichewick to the present owners of the land. Petition of Board of Public Works. ArtiCle 20. To see if the'Townwill vote to accept Chapter 48 as amended by Section $8A., as pertaining to the'hours of permanent fireman, and act' on anything relating thereto. Petition of James Hargreaves and others. Artic!e'21. To see if the Town will vote to accept the following streets, whichhave been adjudicated by the Board of Selectmen and are now ready for acceptauce by the Town: Harwood Street; William Street, from Railroad Avenue to Marblehead Street ~nd Beech ~v~nue, fro~ Massachusetts Avenue to Parker Street. ~etition of ~oard of ~electmen. Article 22. To see if the Town will raise and appropriate the sum of Twelve Hundred Dollars ($1200) to purchase a bulldozer outfit for the Town tractor. Petition. of the Highway Sur. veyor. Article~23. To see if the Town will raise and appropriate t~e sum.of Twenty~two Hundred Fifty Dollars ($2,250) to purchase a 2~-ton cump truck, for the use of the Highway Department. ~ Petition of the Highway Surveyor. Article 24. To see if the Town will raise and appropriate the sum of Twelve Hundred Dollars ($1200) for the purchase of a sidewalk tractor for the use Of the Highway Department. The total cost of the tractor is Twenty-two Hundred Dollars ($2200) but One Thousand Dollars ($1000) will be paid for rental on the tractor, which will reduce the cost to Twelve Hundred Dollars(S1200) ~Petition of the Highway Surveyor. Article 25. To see if the Towu will vote to raise and apDroprlate the sum of Nine Hundred Dollars ($900) to purchase an automobile for the use~of the Highway Surveyor. Petition of the Highway Surveyor. Article 26. To see if the Town will vote to raise and appropriate, the sum of Two Thousand Dollar~ ($2000) for maiuten~ ance on any street in Town under Chapter 90 of the General Laws, 194317 WARRANT Town Meeting March l, 1943 said money to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose; or to take any other'actiou in relation thereto. Petition of the Highway Surveyor. Article Z?. To see if the Town will vote to instruct its Collector of Taxes to proceed to collect any outstanding accounts Of the several departments of the Town which should be collected, and to employ counsel when necessary, with the approval of the Board of Selectmen. Petition of Selectmen. Article 28. To see if the Town will vote to raise and appropriate the sum of Nine Thousand Dollars ($9000) to purchase a new seven hundred and fifty gallon pump and com- bination truck to replace the old pump and combination truck now in use, and the proceeds receiged from the old t~uck to be paid over to the Town Treasurer. Petition of Board of Fire Engineers. Article 29. To see if the Town will raise and appro- priate the sum of Eleven Hundred Dollars ($1100) to purchase 1000 feet of 2~" hose. Petition of Board of Fire Engineers. Article 30. To see if the Town will raise and appro- priate the sum of Five Hundred Dollars ($S00)'for a new police car. Petition of Alfred H. McKee and others. Article 31. To see if the Town will vote to raise and appropriate the sum of Six Hundred Dollars ($600) to carry on the activities of the Nassachusetts State Guard No. 37. Petition of 'Board of Selectmen. Article 32. To see if the Town will vote to raise and appropriate the sum of one Thousand Dollars for the ex- penses of'the Rationing Board. Petition of the Board of Selectmen. Article 33. To see if the Town will vote to raise and appropriate a sufficient sum of money for surface drains on Buckingham Road between Herrick Road and LYman Road and on Young Road between Herrick Road and Lyman Road. Petition of Philip Sutcliffe and others. Article 34. To see if the Town will vote to raise and appropriate a sufficient sum of money to install sewers on Camden Street. Petition of Peter Kasheta and others. Article 35. To see if the Town will raise and appro- priate a sufficient sum of money to extend the sewer system on ~assachusetts Avenue from Walnut Street to Bay State Road. Petition of A. K. E!dridge and others. Article 36. To see if the Town will vote to purchase the land with the building thereon situated on the easterly side of Main Street in North Andover and numbered 10B to ll2 Nain Street, containing 1S,000 square feet, now the property of the Andover Savings Bank, bounded and described as follows:- Beginning at a point on the Northeasterly side of Main Street three hundred fifty (380) feet Southeasterly from the corner of laud formerly of Town of North Andover; thence running Northeasterly at a right angle with said street and'in a straight line byother laud once of Eben Sutton one hundred fifty (150) feet; thence running Southeasterly in a straight line by other land one of said Sutton one hundred (100) feet; thence running Southwesterly iua straight line by other land once of said Sutton one hundred fifty (150) feet to said street; thence running Northwesterly by said street one hunted (100) feet to the point of Beginning. 15 1943 1943 WARRANT Town Meetin March 1 1943 Meaning'to include the above described real estate and all appurtenances, fixtures and all contents of the above build- ing now belonging to the Andover Savings'Bank and appropriate the sum of Fifteen Thousand Dollars ($15,000) to purchase the. same. Petition of James B. Ewart and others. Article 3V. To act upon any other business which ma~ legally be considered at this meeting. And you are directed to serve this warrant by posting true and attested copies thereof at the Town Hall and at five or more public places iu each voting precinct. Said copies to be posted not more than fifteen days nor less than ten.days be- fore the time of holding said meeting. Hereof fail notand make due return of this warrant with your doings thereon, to the Town Clerk, at the time and place of holding said meeting. Given under our hands at North Andover this twenty- .fifth day of January in'the year of our Lord one thousand nine hundred and forty-three. Harry C. Foster Arthur A. Thomson Joseph ~. Finneran Selec~men_.o~.~crt~ Andover Officer's ~eturn I have notified the inhabitants of the town of North Andover, qualified to vote in Elections and Town Affairs, by posting truc and attested copies of this warrant at the Town Hall and at five or more public places in each voting precinct; said copies having been postcd not more than fifteen days nor less than ten days before the time of holding said meeting. North Andover, Mass., February 17, 19~5.' John p. Harrington, Constable. Town Meetin$~ I'~arch 1~ 1919~ 19 Article 1. At a legal meeting of the inhabitants of the Town of North Andover, qualified to vote in Elections and Town Affairs, convened in the Engine House in voting precinct one; the Merrimack Schoolhouse in voting precinct two; the Union Schoolhouse in voting precinct three and the Town Hall in voting precinct four, agreeably to the requirements of the foregoing warrant, business was transacted and votes for the officers and question n~med in the ballot were as follows:- Number of ballots by precincts Office ~or for one year Cornelius J. Mahoney Blenks One Two Three Four Totals One Two Three Four Totals 152 195 151 121 619 Town Clerk for Joseph A. Duncan Blanks il0 12~ 596 Town Treasurer for one year games J. Maker Blanks ~8 528 ~%2 46~ l@g2 lob 127 lll 105 ~5 Three Selectmen for one year Joseph ~. Finneran Harry C. Foster Leo H. Murphy Arthur A. Thomson Blanks Highway Surveyor for one year Ira D. carry Benjamin Coates John J. Ennis Blanks 400 475 377 !i! 1714 517 ~55 5 2 1~7~ 299 4 2 ~97 567 552 269 Board Pub. Works for three years William Somerville Blanks Assessor of Taxes for three ~ears Carl A. Thomas Herbert T. Wild Blanks 221 165 ~68 ~58 ~90 59 8o 52 68 259 Town Auditor for one ~ear Oames W. Eliiott Blanks 125 15~ ~22 5~1 School Committee for three years Caroline Moody Ingram Louis H. McAloon Blanks 98~ 2O Town Mee tln~ 194~ March it 194~' P r e c i n c t s Totals One Two Three Four Office Three members Public Welfare for one year Joseph M. Finneren 405 ~7 569 ~59 1708 Leo H. Murphy 215 174 161 ~57 Arthur A. Thomson 502 427 590 576 1495 Blanks 292 405 555 268 1516 Collector of Taxes for one year Irving E. Hin~on 41~ 5~1 460 471 1866 Blanks 11~ 1~ 95 96 Tree ~arden for one year John J. Conners 415 515 456 471 1~55 Blanks ll7 142 ll7 96 472 Board of Health for three years ~ George E. Jewett Blanks 579 4~ 2 422 450 1725 1~5 151 117 58~ 155 Five Constables for one ~ear SamUel H. Oevln 286 586 269 511 1252 John P. Harrington 575 ~2 544 ~02 ~591 Harold W. Tyning 575 591 570 557 Augustine J. Welsh 510 ~09 262 520 1201 Harold Woo Blanks 806 ~056 ~29 5567 PlanningBoard for five ~ears ~.. · William i. Russell 572 47~ 402 ~41 1689 Blanks 160 lB1 151 126 618 Retirement Question YES: 2~0 271 208 257 976 NO: 106 Blanks 186 251 211 192 840 North Andover, Mass., ~arch 1, 1945. After a carefull canvas of the returns made by the Election Officers in Precincts One,Two,Three and Four, of votes cast for Candidates for office as appearing on tho official ballot and.~question thereof, the Board of Registrars of Voters declared the following persons to be elected to office:- Town Meetin~ March'l~ 1~ i94 Office Date when sworn Moderator Cornelius J. Mahoney March Town Clerk Joseph A. Duncan March 8 by the Moderator Town TreasUrer James J. Maker March 2 Selectmen Joseph M. Finneran Harry C. Foster Arthur A. Thomson March 5 March 1 March 1 Hishway Surveyor Ira D. Carry March Board Public Works William Somerville March Assessor of Taxes Herbert T. Wilde March 6 Town Auditor James W. Elliott March 2 School Committee Caroline Moody Ingram March 8 Public Welfare Joseph M. Finneran Harry C. Foster Arthur A. Thomson March 5 March 1 March I Tax C611ector ,Irving E. Hin~on March Tree Warden John J. Connors March 2 Board of Health George E. Jewett Constables Samuel H. Bevin John P. Hahrington Harold W. Tyning Augustine J. Walsh Harold Wood March 2~ March 1~ March 16 March 2 March 6 Plannln~ Board William A. Russell Question of Acceptance Voted to accept Retiremen~ Sysnem. 21