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HomeMy WebLinkAbout1943-09-20North Andover, Mass., Sept.9,1943. Officer's Return I have notified the inhabitants of the Town of North Audover, qualified to vote in Town Affairs, by posting true and attested copies of this warrant at the Town Hall and at five or more public places lu each voting precinct; said copies having been posted not more than fifteen days nor less than ten days before the holding of said meeting. Augusta J. Walsh, Constable. North Andover, Mass. Town Meeting Sept. 20~ 1943. Article 1. Voted that the Town authorize its Board of Fire Engineers to appoint one of their members a perma- nent driver for the duration of the war and that his salary be fixed at Thirty-eight dollars ($3B.00) per week, the amount to be taken from the appropriation mzde for this de- partment at the annual meeting of the town of March last. Vote unanimous. Article 2. Voted that the Town authorize its Treasurer to pay to James Hargreaves the sum of One Hundred fifty-two dollars ($152.00) for services rendered as spare driver up to the date of this meeting, to wit: Sept. 20th., said amount to be taken from the appropriation made for the Fire Depart- meut at the Annual meeting of the town of March last. Vote unanimous. Article 3. Voted that the Town appropriate the sum of five hundred dollars ($500.00) from available funds to pay the salary of the per~aneut driver of the Fire Depart- meut for the balance of the year. Vote uuamimous. Article 4. Voted that the Town appropriate from available funds the sum of one hundred dollars ($100.00) to supplement the appropriation made for the Treasurer's Department to meet additional expenses of this department. Vo~e unanimous. Article 5. Voted that the Town appropriate from available funds the sum of Twenty-four hundred dollars, ($~400.00)' to supplement the appropriation made for the Old Age Assistance Department. Vote unanimous. $4 ZONING BY-LAW TOV.~ OF NORTH ANDOVER~ MASSACHUSETTS 1943. Article 1 Sg~tion 1~ This By-Law is created to promote the health, ~ safety, convenience, and welfare of the In- habitants.of the Town of North Andover, Massachusetts; to properly regulate the location, size and use of buildings in the Town, to lessen the dangers from fire, congestion and confusion, and to improve and beautify the Town, as provided by Chapters 40, 41, and 143, sections 29-33 of Chapter 263 of the Acts of 1933 of the General Laws. of the State of Massachusetts, and any and allamendmeuts and addi- tions thereto. Section 2. Districts: For ~he purpose of this. ByiLaw, 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 8. Business Districts 6. Industrial Districts. The boundaries of the districts are shown on a .map~ enti,t,l~ed, Proposed Zoning Map for t.he Town o2 North Anaover, cated September.1942 as prepared.by Morse & Dick- inson 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 otherwise indicated; the center lines of streets, avenues, or railroad rights-of-way. Wherever any uncertainty exists as to the exact location of the boundar7 line, the location of such a line shall be determined by the Inspector of Buildings. Article II. USE REGULATIONS. Section 1. Sin$1e Residence Districts: Within any Single Residence District, except as 35 provided under Articles V and VI: no new building or structure and no alteration, enlargement of an existing building or structure shall be designed, arranged or con- structed, and no land, building, structure, or part thereof shall be used; except for one or more of the following pur- poses: (a) (b) (d) (e) (f) Single family dwellings. The taking of boarders, or the leasing of rooms by a family residingon ~the premises., providing there is no signor display to advertise such use; but it is not permissable to construct or operate overnight camps. The office of a doctor, dentist or othe~ member of a recognized profession residing on or rent- ing the premises; providing there is no display or advertising except for a professional name plate, not exceeding 144 square inches, in area. Customary home occupations,, such .asdressmaking, millinery, hairdressing, etc., by a person resident on thepremlses;~provided there is no visible display of goods £rom the street andno exterioradvertising, exceptinganannouncement sign. of not more. than two square feet in area; and provided suchoccupation shall not be carried on in an accessory building. Churches, Parish Houses, public~buildings,.public libraries or public museums. Cemeteries, hospitals, sanitaria and philanthropic institutions with accesoryuses;~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 o2 Appeals as. herein- after provided. (h) Public Parks, playgrounds, recreational buildings, water towers and reservoirs. (i) (J) (k) 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, in- cluding garages and stables under conditions here- inafter specified. No accessory building shall be occupied for residence purposes, except that a portion of a garage or stable may be occupied by an employe or employees of the owner or tenant of the premises. ,The keeping of poultry~ pigeons dogs,~ pigs, or other animals as a business shall not be considered as accessory purposes. The removal of sand, gravel, or quarried stone below the street level of an abutting street and within 280' of the same is not permitted, excepting for the purposes of building con- struction,, on the same premises. The removal of loam within the same limits is permitted to only 1/2 of its depth, except for grading purposes on the same premises.' Section 2~ General Residence Districts: ~' In General Residence Districts, except as other- wise herein provided; no building shall be erected, altered or used in any part except for one of the following purposes: (a) Any use permitted in Single'Residence Districts. (b) Two family dwellings~f the double or duplex type to conform with the neighboring residences (c) Buildings for such accessorY uses as are cus- tomary in connection withthe~uses as enumerated under clauses a and b of this section and pa~a- graph L of Section 1, Article 2, subject to the provisions of Articles V and VI. (d) The removal, of s~ gravel, or quarried stone, below the street .level of an abutting street and within 280' of the same is not permitted, excepting for purposes ~or'building construc- tion, on the same premises. The removal of loam within the same limits is premitted to only 1/2 of its depth except for grading purposes on the same premises. Section 3. Educational Districts: '~ i In Educational Districts; nc building or structure shall be erected, altered, or us'ed in any part~ except for one or more of the. following Purposes: (a) Any use permitted in Single Residence or General Residence Districts~ (b) Private School, College, Academ~y, Institute or other use of an educational' or religious character. (c) (d) Recreational buildings, amusement buildings, institution and power plants, which are directly connected with uses enumerated in paragraph b of this section· Such accessory uses as are customary in connec- tion with the uses enumerated in clauses a, b, and c of this section· ¸37 (e) The removal of sand, g~avel, or quarried stone below the street level of an abutting street and withlu 250' of the same is not permitted, excepting for purposes of building constr~ction ou the same premises. The removal of loam within the same limits is permitted to only 1/2.of its depth, except for grading ~urposes on the same premises. Section 4. ASricultural Districts: 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 follow- ing purposes: (a) Any use permitted in. Single Residence or General Residence Districts. (b) Barns, Stables, Poultry or Pig Shelters, or any building used as an accessory to the con- ducting of a farm. (c) Roadside stand permits issued annually by Board of Appeals as provided under Article VI, Section 2. Stands must set back from the . street line 30 feet. (d) Manufacturing of Cider, vinegar, Dairy Products, Poultry, Saw ~lls, Gravel. Products. (e) Retail shops fo~-~ustom work to be produced and sold at retali onthe premises. . (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 refer all applications to said Board of Appeals for its recom- mendations on said applications. (g) The removal of loam for sale to be permitted to one-half (}) of its depth only, (h) The removal.of samd, 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, Marbleridge Road, 0sgood Street, Salem Street or the Salem Turnpike, shall not be permitted except by permit of Board of Appeals. (i) Signs as regulated by Town and State Laws. Section 5 Business Districtsi (a) Any use permitted in Single Residence, General Residence, or Educational Districts. (e) (f) Apartment or tenement houses and hotels, sub- Ject to other By-Laws pertaining thereto. Retail stores and shops for custom work or the makiugo~'f articles to be sold at retail on the premises, 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 consumer. Places of amusement or assemply. Restaurants and other places for serving food. Gasoline filling stations and oil stations, garage repair shops, sales rooms for motor vehicles and stables. Any building used for commercial or business pur- poses including that of a barber, caterer, clothes cleaner and presser, confectioner, decorator, dressmaker, electrician, florist, furrier, hair- dresser, hand laundry, manicurist, milliner, news dealer, optician, painter, paperhanger, pastry shop, photographer, printer,~ publisher, shoemaker, shoe repairing, shoe shiner, tailor, and under- taker. Any building used for the business of a blacksmith, baker, builder, carpenter, contractor, dyer, m~son, plumber, roofer, tinsmith, upholsterer, and similar uses whichthe Board of Appeals may in specific instances find t~ 'be compatible with theuses above mentioned. Signs and billboards as regulated by Town and ' State Laws. No new licenses for the'sale of alcoholic bever- ages of any kind shall be granted in the follow- ing Business Districts, excepting that licenses now in force may be continued. MassachusettsAvenue at Middlesex Street Railroad Avenue at Middlesex Street Chickering Roadat Park. Street North Andover Center. Section 6. Industrial Districts. Any use permitted in Single Residence, General Residence, Educational, or Business Districts. Lumber, fuel, feed, and ice establishments, and contractors yards. Railroad yards, sheds and roundhouses and acces- soryuSeso Any industry or manufacturing which will not be seriously detrimental or offensive to adjoining districts by reason.of dust, odor, fumes, smoke, 'gas, wastes, refuse matter, noise or excessive vibration or danger of explosion or fire. $9 ARTIOLE III. HEIGHT REGULATIONS Section 1. In Single Residence, General Residence and Educational Districts, the limit of height of buildings shall, be two and one-half (2~) stories, not to exceed thirty-five (35) feet lu any part measured above the top of the foundation; except that mmnicipal and school buildings, dormitories, and on lots of five acres or more dwellings may be three (3) stories lu height not to exceed forty (40) feet, and further excepting farm buildings located on farms of not less than. ten. (10) acres in area which are not limited in height. . Section 2. In Business Districts, the. limit of height of buildings shall be three. (3) stories, not to exceed forty (40) feet, measured above the top of the foundations. Section 3. In Industrial Districts, the limit of height of buildings shall befive (5) stories, not to exceed seventy-five (~5).feet measured above the top of the foundation~ except that dwellings shall not exceed three (3) stories in height measured as set forthabove. Section 4. Exceptions: The limitations of height shall not apply in the case of chim- neys or ventilators, towers, spires or other ornimen~al features of buildings permitted in said districts and in no way used for living purposes. ARTICLE IV. AREA AND. YARD REGULATIONS Section 1. Size of Lots: Land subdivided in Single Residence, Gen- eral Residence, Educational, and Agricultural .Districts · after the adoption of this By-law shall provide for lot frontages of not less than ~5 feet, and for lot areas of not not less than V,500 square feet; excep% that lots duly recorded and shown on plans filed at the Registry of Deeds at the time this By-Iaw 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. Section 2. (b) (c) Set Back Lines: No building or structure, or alteration or addition to an existing structure in Single Residence, General 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 abo. ve provisions; but in no case shall such projections extend within twenty feet of said street line. On corner lots. in the Single Residence, General Residence, Educational and Agricultural Districts; the~set back required by this section shall be applied to only one sZreet line, but in uo case shall the building extend wibhin twenty feet of the street line. N0strncture, fence, tree or shrub shall be so placed upon a corner lot as to obstruct traffic visibility around the corner. In Single Residence, General Residence, and Educational Districts; where Zhere are.no other existing buildings within 2001feet on each side of the lot in. question.and within the same block and districts, 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 street llne, a new building shall not extend nearer said line than the average set backs of such existing buildings. Section 3. Side Yards~ No principal building in any Residential. Educa- tional or Agricultural. District, and no buildingused for dwelling purposes in anynother district shall beconstructed, altered or added to iu such a manner as to provide a side yard of less than fifteen feet iu clear width between the side of the structure and the side lot line; excepting in specific cases where existing lots of record are less than the. minimum width prescribed iu the 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 Agricultural District; there shall be provided a rear yard between 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 o~er one and one-half stories in height and covering not over thirty percent of its area; excepting that on lots of one acre or more, accessory buildings may be two and one-half stories in height. In Agricultural Districts where lots are 10 acres or more in area, accessory buildings are not limited in height. Sectiou 8. Yards for Non-Residential Bulldin s. Any use, uot residential or accessory, permitted in a Single Residence, General Residence, Educational and Agricultural District; shall observe the provisions of this By-Iaw in regard to ysrd regula- tions as applied to dwellings. Accessory structures which are conuected to the dwelling shall be considered a part of the dwell- ing. No part of any separate accessory build- ing permitted in these districts, which is situated within sixty-five feet of any street line, shall ex~ tend within fifteen feet~of any side 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. ~n locations where accessory buildings of more than one and one-half story heightare permitted, said buildings shall be located not less than ten feet from any side or rear lot line. Section 6__________I Yards inBusiness and Industrial Districts: The proximity of business and industrial buildings to the side and rear lot lines, where said lots adjoin a Residential, Educational or Agricultural .District; shall meet the same.requirements as set forth under yard regulations of those districts. ARTICLE, V. GENERAL PROVISIONS Section 1. ..________. Non-Conformin Uses: (a) Existin Buildin s Nothing in this By-Iaw shall prevent the con- tinued use or maintenance of any building, structure, or.premises, for the purpose for which it is used, or in the condition which it exists at the time or.the acceptance of this By-Law.by the Town; but no non-conform. ing use shall be changed, moved or extended, and no building devoted to a non-conforming use or uses in whole or in part shall be altered, enlarged, reconstructed or extended unless such non-conforming use or uses are changed to those uses authorized in the dis-' trict in which the building is located, ex- cept as hereinafter provided. (b) Repair of Non-Conformln Buildin s. An exist- ing non- conformiug building may be repaired or strengthebed structually but no such building if destroyed to the extent 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 re- quired tp preveut unneccessary hardship or gross economic loss to the owner aud is,not iuJurious to the district in which it exists; aud theu only by permit by the Board Of-Appe,ls and subject to the provisious set forth in such permit. ~c) Extending Existin Non-Conformin Use: An exist- ing non- c~Toxmn~ng~use may be hereafter extended through- out ~ynparts of a building which were defiaitely desigmed or arranged for such use at the time of the acceptance of this By-Law. (d) Char~ 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 dis- continued for a period, of ~hree 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.injurious to a neighborhood; the Board of Appeals may grant special permits for new non-conformingbuildings, 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) Definitions: An accessory use is a use cus- tomarily incidental to the uses permitted in a district and which is not injurious, noxious, or offensive to, nor in- consistent 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 the lessee, and shall be such as do not alter the character of the premises on which they are located. (c) Housing for Employees: The housing of em- ployees in Single Residence,.General Residence, Educational and Agricultural Districts, on the property of the Owner Shall be deemed an accessory (~and Stables.. In Single Residence and General Residence Districts, a private garage or stable shall be considered an accessory use, provided that no b~siness, service, or industx~, connected directly or indirectly'with motor vehicles or horse drawn vehicles is carried on; and on condition that garage space for not more than three motor vehicles is pro- vided; 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 o~ stable space for not more than three horses. ARTICLE VI. BOARD OF APPFALS. Section 1. ~ties 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 ~aws and any and all amendments and additions thereto, includ- ing Section ~0 of Chapter 269 of the Acts of 19~; to assume the duties and powers given to said Board herein before stated particularly with reference to the follow- ing: (a) TSr adapt the requirements of this By-Law tO irregular., narrow~ or shallow lots; or those unusual either in shape or topography; provided that the spirit andintent of this By-Law with regard to open spacesi~plpreserved' (b) To permit.the construct{on,~repair, exten- Sion or alterations of an existingbuild- ing, whether conforming'or non-conforming in accordance withprovisions on USE. (c) To grant tempory and conditional permits of limited duration .for non-conforming uses and buildings incidental to develop- ment operations. (d) The Board of Appeals may grant no variation which would amount to an amendment of this By-Law; and all such amendmentsshall be made as provided in General Laws, Chapter 40, Section 30, and additions or amend- ments thereto. Section 2__.___~__~. Permits o_______~_fBoard of Appeals Required: The Board of Appeals may, under restrictions which will carry out the provisions of this By-Law and tend to protect and improve the district; issue the following permits: (a) In Single Residence, General Residence and and EducationalDistricts for Cemeteries, Hospitals, Sanataria, Philanthropic In- stitutions and Private Clubs. (b) 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, (c__! ,(d) (e) Upholsterer. In Industr_._.__~ilal Districts_._.~ Any industry which is not determined detrimental to the district or adjoining districts as set forth in Article II, Section 6, paragraph (d). In A~ricultural Districts: A roadside stand for the sale of farm produce. Gasoline Filling Stations or Repair Shops. The removel of sand, gravel, or quarried stone from certain areas as set forth in Articde II, Section 4, paragraph (h). Where special.permits byr~the~Board of Appeals are required under this Section, the Building Inspector shall issue no permit until so directed in writing by the Board of Appeals, Upon application for such a permit the Board shall give not less than seven (V) 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 shall hold a hearing and render a decision. The applicant shall show to the satisfaction of the Board that the use of the premises for which application is made shall.not sonstitute a nuisance because of noise, vibration, smoke, gas, fumes, odor, dust or other obJedtionable features, and that such use shall not otherwise be injurious to the inhabitants, 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 granted if accompanied by conditions specially designed to safeguard the district and the Town, it shall impose such conditions and make them a part of the permit issued by the Build- ing Inspector. ARTICLE VII. LOCATION OF AUTOMOBILE SERVICFg 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 appurtenances or accessory uses, shall hereafter be placed within 80 feet of any residence district. ARTICLE VIII. ~EFIN IT IONS. In this By-Lsw the following ter~ns shall have the meanings here assigned to them. ,(a ) (b) (d) A Family: Any number of individuals living and cooking together on the premises as a single housekeepingunit. Dwelliu$: Any building used in whole or lu part for inhabitants.' Single Family Dwelling: A detached dwelling intended for and occupied by a single family. Two Family Dwelliu$: to be occupied by two A detached dwelling intended and designed families. (e) Apartment or Tenement House: A dwelling for more than two families under cue roof; or for one or more families above a first floor used for nonm residence purposes. One-half Sto~y: That portion of a building under a sloping roof, the cubic contents of which are never more than half of the story below~ A Lot: A lot is a single tract of land held in identical ownership throughout and which is bounded by streets, waterways, or ponds, or by laud of other owners. · A Cor~er Lot: A co~ner lot is a lot at the Junction of and f~onting on two or more intersecting streets, twenty feet or more in width. ,(i) A Street Line: The llne dividiuga street, either public or private, from private property. (,k) Lot Line: The established dividing line between twp pieces of property. Set-back Line: The distance from the street line to that part of a structure nearest the street line and measured at right angles to the street line. (l) Accessory Use: An accessory use is a use customarily incidental to the uses permitted in a district and which is not injurious, noxious, or offensive to, nor in- consistent with, the character of said dis- trict. Non-Oou£ormin~ 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. Non-Oouformin~ Buildin~: A non-conforming build- lng is a building, the use ~ .construction of which does not conform iu whole or iu part to the use orconstruction regu- lations 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 specifications and intended use, which are not in all respects in conformity with this By-Law. Applications for building permits shall be accom- panied 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 on and adjacent to the lot~ A record of. such applications and plats shall be kept on file in the office of the Building Inspector. CONFLICT OF LAWS. In general~his By-Law is supplementar~ to other By-Laws affecting the use, height, area, and location of buildings and structures and the use of premises. Where thisBy-Law imposes a greater restriction upon theuse 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 Build- ing Inspec%or may appeal to the Board of Appeals, and if aggrieved by a decision of the Board of Appeals, may appeal under the provisions of Chapter 40, of the Gen- eral laws, and amendments and additions thereto. ARTICEE XII AMENDMENT The Planning Board upon petition of not less than ten (10) citizens of the Town, or upon its own initiative; may hold public hearings, 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,' and to report to a Town Meeting its recommendations as to what action should be taken. No.hearings shall be held or appeals considered for any variation or change of district boundaries ex- cept as provided in Section ~0, Chapter 40, of the General Laws, and in this Article. ARTICLE XIII VALIDITY The invalidity of any .seci~on 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. Boston, Mass., April 13, 1943. The foregoing zoning by-laws are hereby approved. Robert T. Bushnell, Attorney General. The following addition to Buildlug Laws was adopted by the Town at its adjourned annual meeting, Narch 18, 1941: "Previous to the erection of a. new building or the alteration of any existing one, notice shall be filed with the Board of Assessors by the owner of the property." Boston, Mass., Sept. 15, 1943. The foregoing by-law is hereby approved. Robert T. Bushnell, Attorney General.