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Home My WebLink About1972-09-19!~.~ and requested a .vote of thanks to the Tbwn Counsel,' the Town C~k ahd the Town Moderator for the work and cooperation that was entailed before and for the success bf this meeting. ' · Meeting wasmotioned and duly s~conded~. ~J~u~ All papers-voting requt~lng appmova~of t~e A~ney ~ne~al weme forward to same fo~ approval on June 19, 1972. Approval of same was mecelved on Au~st Ce~tlffed and attested copies of A~ticles llA &llB were ~de in the smoot of fifteen ('15) each and weme posted by me pemsonally In fifteen (~5) Dublic pls~s in the various five (5) pPecincts of the ~,on August ~, 1972. AT.ST TOWN CLERK. W A R R A N T COMMONWEALTH OF'MASSACHUSETTS ESSEX SS: To either of the Cons$sbles of the Town of North Andover: GREETINGS: In the name of the . Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Primmries, to meet in the Bradstree: School in Precinct One, the St. Michaels,s School in Precinct ~ko, the Thomson School - in Precinct Three, the Kittredge School in Precinct Four and the-Franklin School in Precinct Five, all in said North Andover on TUESDAY, THE NINETEENTH DAY 0F SEPTEM~ 1 9 7 2 at 7:00 A.M., for the following purposes: To bring in their votes to the Primary Officers for the Nomination of Candidates of Political Parties for the following offices: SENATOR IN CONGRESS For this Commonwealth of Massachusetts REPRESENTATIVE IN CONGRESS For this 6th Congressional Dis~ri'ct COUNCILLOR Pot this 5th Councillor Dis.trict SENATOR For this ~th Essex Senatorial' District ONE REPRESENTATIVE IN GENERAL COURT For this 13th" REGISTER OF PROBATE AND INSOLVENCY For this Essex · ' TWO COUNTY COMMISSIONERS ,, . ,, COUNTY TREASURER ,, , ,, REGISTER OF DEEDS (to fill vacancy) ,, ,, ,, The':~Polls will be open from ? A.m. to ? P.M. Hereof, fail not, and m~ke due return of this Warrant with your doings ~on ~o the Town Clerk at the time and place of said Meeting. :(.'~ Given under our h~nd~' this 28th day of August A.D. 197~. ARTHUR p. KIRK. Selec:men of j WILLIAM B. DUFFY, ~R. North Andover~ J0 SEPH~A. G~THI~E. ~ Mass. ':!(No~th Andover, Mass. September 9, 1972. ATTEST://~6H~.~ · 'TOWN CLERH. 0~ICER' S RETURN. ~ ' ~NS'~ . ~.' I :have notified and warned the inhabitants of the Town of North Andover who arequalified to vo~e in Primaries by posting true and attested copies of this Warrant at the Town Office Building and at five or more public places in each voting precinct of the ~wn. Said copies not having been posted not less than ~1. seven days b. efore the time of said ~eeting. ~ -CONSTABLE.' Representative Distri ct. County ' - Northern District. North Andover, Mass. September 9, 1972. ATTEST: RESULTS OF STATE PRIMARY. DEMOC.RAT 19, PR SENATOR IN CONGRESS John J. Droney of ~ambridge John Pierce LYnch of Springfield Gerald F. O'Leary of Boston BLANEB .CONGRESSMAN Sixth Dis=tlc= Michael J. Herring=on of ~everly Ronald E. Kowalskl of Lynn BLANKS COUNCILLOR Fifth District ~omas J. Lan~ BLAN~B 1972 ECINC ONE TWO T S TOTAL TP~ POUR FIVE 262 ~06 )07 227 .159 1261 7O ~5 54 91 67 565 45 65 50 57 2~2 19 12 21 15 ~ 75 172 1~4 l~k 12~ 107 776 55 59 47. )9 51 229 75 10i 59' 105 57 45 kl 45 THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE ATTORNEY GENERAL STATE HOUSE: · BOSTON 02.133 August 2, 1972 Mr. John J. Lyons Town Clerk North Andover, Mass.' Dear Mr. Lyons: 01845 I enclose the amendment to general by-laws adopted under Article 10, the amendment to.zoning by-laws adopted u~der Article 1lA and the amendment to zonxng map adopted under Article 11~ of .~h..e warrant, at_the s~ecial town meeting held June 5, 1972, with uae approva2 of the Attorney General endorsed thereon. eL/jan ENC. Carter Lee Assis~ant Attorney General · ~i~. SIGN BYL~AW: 1972 SIGNS AND OUTDOOR I/GHTIN~ R~UnA~?~~ ~ection 1. ,General Objectives . emtrict..private signs and lights .which overload'the'public,s capacity to receive information, which 'violate privacy,, or which increase the probability of accidents by distracting at~enti0n or 2) To encourage si$1ing an~ li~ting a~ other private communications which~ aid orientation,, identify~ activitiee, express local history and character, or serve other,educati&nAl.~purpoees;)~ .......... '.:.-.-. ,,' · 3) ,.To. reduce, conflict among, privatel, si~n~ and .!~.gh~ing and between the private and public information systems; ........ -- - 1) Sign: Any letters, pictorial representation, symbol, flag, emblem, illuminated :or. animated device, di'splayed..in~.any: manner: .whatsoever, 'which-directs~ at~entien~of ~porsons of£'.the: premises on:which-:the sign ' is displayed to any obJect~- subJect~, place,., person, activity~.' product, . service, institution, organization, or business. 2) Surface area (of a ei~n): The surface area:.of ar~-si~ ~is.'~h~ entire area within a single continuous perimeter enclosing the exmreme limits of lettering, representations, emblems, or other figures,..together, with any material or color forming an integral part~Of=the ~dfsplaY.or:.used..~.. .~-~.. to differentiate ~he .sign from. the -background against which lt~is~ placed. S,tructural members 'bearing ~.sign.col~ s~.11 not 5e included.'"'jOnly one .smae .of .a freestanding or pr0Jecti~g .c~ubl~-face~ sign'sh~.l"b~ included · n caAcuAating surface area, providi~'that the two display surfaces · are Joined at an angle no greater than 60 degrees. All sides of . . multi-faced signs, visible from any one street, sb~lT,;be.-included in" the 6alculatien~ of ~drface area. ..~ 3) Illuminated si~n: 'Illuminated, sign sba11 mean. any,'sign,.which has ~:. /.~. characters, letters, figures, designs or outlines directed on it or ~) .Gr°und"si~n:"~Any'signerected onthe'ground.whichis:wholly'self- supported from the ground~': .. . 5) .W.11 sign: Ar~ sign affixed ~o or painted one w. ll or window, or visible through a window,., of a h,,tl~t~g or otHe~ structure with the exposed face thereof in a plane parallel or almos~ par~ ~ el to the plane of said wall. 2) No sign s~.ll extend moro than 20 foot above reco~ ~d~e' or moro than four foot' abovo the lowest point' of the roof o£ the,'single story building with-which'it-is associated, whicheVer is, less re- strictive, nor above the third floor of a multi-story b,,~lding except that motols, hotels,--and other,,transient lodgings may display such signs up to kO fee~ above record grade. 3) The fop'of pedestrian':signs ,SBR~I :be no,;highar-than;:ten'feet above the sidewalk., .The~area~of pedestrian,:signs shall.:be limited to two square feet for each occupancy within the building. ~) For other than first floor occupants 'occupancy signs.'sbRT~ be located between the second and third floors. 5)" Ground: signs s~-l~'~be'"set~ back a minimum"oC ten:fe~t-from -~ property Lines .and; a minimums'or-d50 feet', from..n~ ~ residential~:districts or structures; :Tha.-area~Of' ground~ s~gns%sh-~be~'limited;.to one square foot .for each ~sevan· lineal feet of street frontage, ,6)'"~S. igns~attachad*to ;or':part'~of'theLarchitectural~ design',of a building ; :(,such, as~*wall-signs ~or:roof signs) sB.~' not~ exceed, ~':in':total aroa, -'.-'-: more~than ten percent'?of tha;'aroa'~of:tha~two-dimensional/elevation of the b,,~ding'.of-which:'~they' are':a part; ~? Maximum Si~n Area (c,,m,,~-~ve for all signs),., ~o,: ,?, ~ ~,,~ :,: ... 1) With the exceptions noted below~ the total surface are& of all exterior signs on the premises sh.l~ not exceed 15 times theTsquare~'roo~: of the street frontage of the parcel on which the premises is located. 30 ~o ~o 7o 125 2OO ,3OO 5OO : Allo~able ?~Tot~l~ ,~Area of All'"Si~s,.: 75 ,, .... ,l~O :" ' ': .... 168 :,., ~37. 336 -:j All temporary or permanent outdoor lights such as those used for area lighting, or"bu/~lding~:flondlighting or sLgn ~lighting :-~h.l~ be' steady, stationary, shielded sources directed-so that~the light~source~le',no~ directly visible to a~v point beyond the lot' lines of the premises. The following signs are allowed for s period up to one year with~ a permit. · sL~ .Ls ~ca~efl~' one :illum/na ......... : ' - ~' - the , ,~ ~ , ........ ~:, , ted sign of up tJo 20, s , ~f~ the o~n , ..... :- .,, ~,, ..:, ..- quare feet:tdentt- .... ,,, ,,, ._,. __~ -.., ,.. e.r e,.name .and the;'~ctivit¥, for.watch t ~ ~,,~;. '~o e,.-,,- ~,~cuc~on process, ;but.not ;including the advertisement of any pioduct. The~e S~gns' must be removed witch 14 ,days .~a~ter the,begirmning: of~,~the,,intended~..activity.,.;,., *'--- ;£--~--T-'"" :-une" ,an~.gntea ;s.~gnfof,.~P..tO.,,,12~equare' the premises on which the sign is displayed, to be re2oved within 14 days after sale, rental or lease. ~) DisplaF windo~ signs: Signs on the surface of or inside display win- dews, lighted only by b-~ding ~l~umination and covering no more than 20 percent of the display windo~ area. Off-street parking facilities for ten or more cars must be identified by a sign displa~ing the letter ,~,, in a size between eight and 18 inches high, and a directional arro~ indicating 'ingress. Such ~ sign may also identify the b,,~lding [or ~ts principal occupant) to which the parking is accessory in lo,tars not to exceed eight inches in height. Section ~. 1) NO sign ~r light sh-~ move, f~ash, or make noise. t~me or emperature may move.) · 3) (Indicators of Oolored lights and illuminated signs employing colors in use in traffic signal lights are prohibited within view of ~ signalized intersection. Ar~ imitation of official traffic si~n~ or si~-]- and the use of such words as "stop'~ "look," "go slow,. "caution~" or "warning. are pro- hibited. Fluorescent colors in the yellow to red spectrum are prohibited. Signs with neon tubes exposed to view are prohibited. NORTH Ai' DOVER ZONING BY-LAW - 1972 CO~E~S Section Section Section Section Section Section Section Section 2 3.1 3.2 3.3 &.l ~.3 Table 1: 6 6.1 6.2 6.3 6.& 6.5 6.6 6.7 6.8 Table 2: 7 7.1 7.2 8 8.1 8.2 8.3 8.& PURPOSES DEFINITIONS ZONING DISTRICTS.AND.BOUNDA~rW$ Establishmentof Districts Zoning Map '' District Boundaries BUILDINGS ANDUSESPERMITTED District Use Regulations Accessory Uses Access to b,~ldings Summary of Use Regulations EARTH MAT~IALS REMOVAL DIMENSIONAL REQUIEF/~ENTS Lot Areas Street Frontage Yards (setbacks Building Heights Lot Coverage Floor Area Ratio Dwell~ug Unit Density Excep:ions Summary of Dimensional Requirements SUPPLEMENTARY REGULATIONS Off-Street Parking Automobile Service Stations and Other Automotive Services NON-CONFORMING USES Continuance Alteration or Extension Rebuilding After Catastrophe Abandonment Pa_~ 1 2 8 9 following page 25 27 following page 31 33 3? Section The purpose of .this ,By-Law tis, .ther prom;tio~. safety, con~'ni6~'c'e,.~ ~0~al~- ana' welfard of the' of ~e =o~} of~No~,J~dove~,~,as.,'~=0vi~ed.,byo~Chapter' of ~e s~'e~ai'Law~ of: ~he C0~onWe~l%h by regulating an~ restricting the use of lana an~ thereby: 1. once,aging ~e most agprogria=e-use of ~and, 2. 3.. 5. preventing.undue concentration 6. ~roviaing aaequa~e' l~ht aha air, 8. ass~s=~ in ~ economi=al provlsion~..of water, sewerage, schools, ~arks an~ 0%h~r ties, an~ ........ ~..~ 9. ~rese~in~:?ana in=teasing (Section 2 2.27 2.28 2.29 2.30 continued) Building Height The vertical distance measured from the mean level of the proposed finished grade at the front of the building to the highest point of the roof, but no~ including chimneys and spires. '~ ' :' ~' ,. Building,' Principal" "' ' · A building in-which is conducted the mains'or'prin- cipal use of the lot on which said building is sit- uated Car Wash An area of land and/or a structure with machine or hand operated facilities used principally for tkO' cleaning, ~washing,' polishing or waxing of motor.. vehicles~ : ' ' ' ' · District A district or a zone shall be any portion of the territory of the Town of North Andover within wh~c certain unifozTn regulations and ~requirements-oz var- ious- combinations thereof shal'l be'. applied under the provisions of this By-law.' 2.31 Dwelling Any buildi~ or portion thereof designed O~'~usedh as theresidence or-sleeping place:of one or more persons, except a'.mobile'home and ..... as otherwise. provided herein. 2.32 Dwellin~ Multi-family. A building ~s~d ~or designed as a residence~f6~' th~ee'-~ - · ~li~s living independently of each otherand Or more lam ,, ,, · 'doing th6ir own cooklng-thereln (sams as. apartment ). 2.33 Dwellin~ One-Family A dwelllng built si,gly and apart from any other building and.intendedand~designed.to~beoccupied, and usedex- clusively for residentialpurp0ses'byone family,. 2.34 Dwellin~ Two-Family . A freestanding building intended and designed tc be occupied and used exclusively for residential.purposes by each of not more than two families (same as "duplex"). 2.35 Dwellin9 Unit One or more rooms, including cooking facilities, and sanitary facilities in a dwelling structure, designed as a unit for 'occupancy by: not more .tha~ one 'familyfor living and sleeping purposes, --3-- (Section 2 continued) 2--47 Lot Line{ Rear lotThe line.l°t line opposite and most distant from .the front 2.48 Lot Liner Sido '"' Any lot line 6ther~ than a front or rear lo~" 2__49 Lot Line~ Stree~ · · ' A lot line sep~ating the lot from a street or alley (usually the front .1°t line). 2--50 Medical C~nter .. i . -. ' " .A b.uilding or group of buiiaings designed, for the .lndlvidu.al or .group P~.actlce of medicine or dehtist~y, Dut not including hospitals or nurslnghomes. 2_ 51 Nonconformin~ U~,~ ' A building, structure or use legally existing and/or used at the time of adoption of this By-law, or any amendment thereto, and which does not conform with the use. regulations.. . of the district in which,located.~:.:. 2--52 Office~'~Business . .. ;-. ~ - - - ~i A pti.mary use oonsisting 'of] Off' · type lncludi , ~,,,= .... ' . ice 'activities (including banks and financial institutions).and pro- -,,=,,ulaz oIflce activities fessional office~ activities. .... . ......... 2.53 fflce~ Professiona~ . ~ ... - .~ .. . . A primary us.e c.onslst.ing~ of office..activities' by'a doctor, dentist, architect,- 'la.wyer,.engineer Or other Pro- fessional person or persons. 2__54 Parkin~ Area~Privat,.. . An Open area for~ th~ same uses as a private'par~in garage.~ . . g 2. Parkin~ Gara~e~ Privat~ A structure used for the parking of automobiles and ~available 'to employees, cl~ients' or customers whether for a .fee or free. 2.56 Parking' Gara~e~ 'Publi~ '< ~ :~..~ '.. · ~ , ~ca ~s'open to 'th ~,,~: ..... ,P r. kl_ng the s:orage .of_motor vehiclees.~u =au use~ for Persona.1 Service Bstablishmen~ An establishment providing personal services to the public such as shoe repair, barbering, dry cleaning, etc.. Place of Worship : ': .~ ~' A church, temple, .Synago?6~, mosque, or other similar place of worship, including parish house, rectory or convent. 2--57 2.58 -5- (Section 2 continued) 2.67 2.68- 2.69 Yard (setback) ' An open space which lies between the principal building or group of buildings and a lo~,~lihe Yard' ''r 'Front' · ..... ~' An open space extending across the entire width a lot between any building thereon and the street lot line of the lot on 'ohich.such stands. An open space extending across the,.ent~re, w£dth-of a let between the rear of any building :thc'teen',and the rear lot line of the lot on whi'=h,;such~ building stands .... Yard~ Side An open space between the side li'ne:,of:a~, l~0t,~ and ::the adjacent side of any building thereon,i',~s'uch4open space being understood to cover:the~n~ire..,extent,~ between the front yard and the rear yard on such a lot. Section 3 ZONING DISTRICTS AND BOUNDART~.~ ~.1 ESTABLISHM£N? OF DISTRICTS The town of North Andover is hereby divided into zoning districts designated as follows: Residence 1 District Residence 2 District ~esidence 3 District Residence & District Residence 5 District Business 1 District Business 2 District Business 3 District Business & District General Business District Industrial 1 District Industrial 2 District Industrial "S" District ~.2 ZONI~D MAP The zoning districts established by this'By-Law are bounded as shown on a map entitled "Zoning Map of the Town of North Andover,,, dated May li, 1972, as the same may be adopted by the Town, and as it may hereafter be amended. Said map accompanies andis hereby made a part of this By-Law. Any lend area not designated upon said map as being within another zoning districb sh-ll.bewith- in the "Residence 2 District." 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 sh-Ul determine the location of such boundaries. In reaching any such determinationt the Building Inspector may properly rely upon the accuracy of the land-area descriptions appearing in the Zoning By-Law adopted by the Town in 1956, and asthereafter amended, insofar as eny of them may be pertinent thereto. Section ~ BTrtnI~S ARD USES PERMITTED DISTHICT USE-~E~ULATIO~ General Provisions In the zoning districts above specified, the following designated b,,tldings and alterations --~ extensions thereof and buildings accessory thereto and the. following designated uses of land, b,,~l~-gs, or parts thereof and uses accessory thereto are. per- mitred. Ail other buildings and uses are hereby expressly pro- hibitede 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 By-Law sb-ll 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, When a zoning district boundary divides a lot of record on June 5, 1972 in one ownership, all the zoning re~,~-tidns set forth in this Zoning By-Law applying to the greater par~ 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 e~ent not more than one hundred (100) linear feet in depth (at a right angle to such boundary) into the lesser par~ by area of such let so divided. Permitted Uses Residence 1 District, Residence 2District and Residence ~ District (1) One fA=~V dwe~l~ but not to exceed one dwn~ng on any one lot. (2) Place of worship. O) Room~-~houeee renting rooms for dwell~gpurposes or furnishing table board to not more than four persons not members of the f-m~y resident in a dwe~g so used, provided there be no display or advertisi~ on such dw~g or its lot other than an ams plate or siva not to exceed six (6) inches by twenty- four (2~) inches in size, and further provided that ns ~-~ be erected or altered primarily for such use. Home occupations provided there be no display and no exterior advertising except an announcement sign not to exceed s~x (6) inches by twenty-four (2~) inches and provided that in any dwelling, such home occupations shall be carried on by not more than five persons of whom at least one shall reside in such dwelling. 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. a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and ~reen houses. (a) (9) (lo) (13) 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 femily living on such lot, and for each additional acre of lot size to nine (9) 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 ten (10) 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. Swimming pools in excess of two feet depth shall be considered a structure and permitted provided such pools are enclosed by a suitable w. ll or fence at least four feet in height to be deter- mined by the Building Inspector to prevent the entrance of per- sons other than those residing at the pool location and further provided that such pool~are located to the rear of the front building line of the house and no closer to a side or rear lot line than ten (10) feet. Public building and public service corporations (Special Permit required), but not including public works garages. Golf course. Swimming and/or tennis clubs shall be permitted with a Special Permit. Cemetery. ~/~/ ~-Nursing and Convaleecent home - see d~menaio~ req,,!~emente of Table 2 - (Special Permit required.) ~% ~- Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use" sh~l! be not injurious, noxious, or offensive to the neighborhood. 4.122 ...Rgsidence ~ District (1) One-family dwe11~ug. (2) Place of worship. Renting rooms for dwe~-g 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 display or adver- tising on such dwelling Or its lot other than a name plate or sign not to exceed six (&) i~chee by twenty-four (24) inches in size, and further provided that no dwe~g shall be erected or altered primarily for such use. Home occupations provided there be no display .and no exterior advertising except an announcement sign not to exceed six (6) inches by twenty-four (2~) inches and provided that in any dwelling, such home occupations shall be carried on by not more than five persons of whom at least one sb-~l reside in such dwen 1 .~ ug. (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. a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and green houses. b) On arF 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 let, and for each additional acre of lot size to nine (9) acres the keeping of one additio~-I 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 ten (10) 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. (?) Swimming pools in excess of two feet depth shall be considered a structure and permitted provided such'~0~l~' 'a~n~losed by a suitable wall or fence at least four feet in height_to be deter- mined by the Building Inspector to prevent the entrance of per- sons other than those residing at the pool location and further provided that such pools are located to the rear of the front building line of the house and no closer to a side or rear lot line than ten (10) feet. Cs) (lo) ~US eu~ S · ~ ' - rivate school not cond_uct_ed fo~r~pr~ PubLic building and public servi.ce corporation use, (Special Permit required), but not including public works garages. (11) Golf course. (12) Swiztning and/or tennis clubs shall be permitted ~ith a Special Permit. (13) Cemetery. Duplex or two-family dwellings including the right to convert any building to accommodate more than two dwelling units by Special Permit from the Board of Appeals subject to the fallow- ing regulations: A. Definitions: The conversion regulations shall apply to any building or buildings under the ownership of one single person, partnership or ccrporation converted for use as a residence building for three or more famt~est living independently of each other in apartments meeting requirements of the State Statutes and Health and Building codes. As used in this ordinance the word "room" shall not include bathrooms. B. Application: AppLications for permits to convert shsl] be made on a form to be prescribed by the Board of Appeals. Said application shall be made to the Zoning Board of Appeals. The application shall contain: 1. The owner's name. The owner's address. 3. The names of the adjoining boundary owners of the subject premises. A legal description of the premises. 5. The number cf units, the type and room composition of those applied for. 6. Number of rooms proposed for each unit. Town Houses. (16) Guest or rooming houses. (17) Nursing and convalescent homes (Special Permit required). See dimensional requirements of Table 2. (18) Any accessory use customarily incident to any of *the above per- mitted usest provided that such accessory use shall be not in- Jurious, noxious, or offensive %0 the neighborhood. Residence ~ District (1) Ons-f-mi~y dwelling. (2) Place of worship. 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 display or advertising on such dwelling or its lot other than a name plate or siva not to exceed six (6) inches by twenty-four (24) inches in size, and further provided that no dwel~t-g shall be erected or altered primarily for such use. Home occupations provided there be no display and no exterior ad- vertising except a~. announcement eisa not to exceed six (6) inches by twenty-four (22+) inches and provided that in any dwelling, such home occupations, sha~l be carried on by not more than five persons of whom at least one s~,l~ reside in such dwel~tug. (5) Real estate signs not to exceed twenty-four (24) inches by thirty- six (3~) inches in size which shall advertise only the rental, lease or sale of the premises upon which they are placed. a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and green houses. b) On a~r 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 li.vi~, g on such lot, and for each additional acre of lot size to nine (9) acres the keeping of one ad~itional a,~-~ or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. 'c) On a~ lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of o~narship 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. (?) (8) (9) (lO) (Zl) (l?) (is) S~imming pools in excess of two feet depth sb.ll be considered a structure and permitted provided such pools are enclosed by a suitable ws]] or fence at least four feet in height to be deter- mined by the B,,~ldingInspector to prevent the entrance of persons other than those residing at the pool location and further provided that such pools are located to the rear of the front building line of the house and no closer to a side or rear lot line than ten feet. Public b,,~lding or use and public servic.e corporations (Special Permit required), but not including poblmc works garages. ~olf COUrSe, Swimming and/or tennis clubs shall be permitted with a Special Permit. Cemetery. Town houses, Guest or rooming houses. Nursing and convalescent homes (Special Permit requiredl. See dimensional requirements of Table 2. Multi-family dwellings. 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 1,000 square feet or part thereof of such floor space shall reduce the permitted number of dwelling units by one.) Hotel or motel (Special Permit required). Parking, indoor storage and other accessory uses associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive ~o the neighborhood. 4.124 Business 1 District (1) Ret-il establishments. (2) Personal service establishments. (3) Professional offices, banks, real estate offices and insurance offices. (~) Eating or drinkLnguses maybe permitted only as a secondary use ~ithin a permitted primary use. c. A parking space shall be not less than 10 f~et by 20 feet. d. In par-~el parking areas there shall be'twenty feet of driveway and back-up space between each par-~l line. Construction: No major exterior structural changes shall be made ex- cept such as may be required by all applicable building codes or by Massachusetts General Laws. Design: a. No room in any apartment sb~ .be less than 100 square feet in area. 0vet-all area of units must no~ be less then: Efficiency ......... . ...... ........... ~50 square feet One bedroom .......................... 600 square feet Two bedroom ............. . ............ 750 square~ feet Three bedroom..' ...................... 1,000 square feet For each bedroom in addition to three there shall be an additional 200 square feet per apartment. b. For conversions to multi-family dwelling where the units exceed 12 there shall be provided outdoor recreation areas with rec- reational facilities. The minimum size of said recreation areas sh~l~ be 1,000 square feet per unit up to ~O units and A00 square feet for each unit over kO, unless otherwise allowed by the Board of Appeals. Specific,~y exempted from this provision are one bedroom unit Housing for Elderly. c. Ail parking areas sh-~ be suitably paved'with bituminous' or con- crete material, ~ith bermed curbing. Individual parking spaces shall be separated by stripes. Pre-cast or steel bumper stops sb~ be placed at each designated parking space. Over-~ site preparation sb-~ be under the direction of a quali- fied registered professional engineer. In any conversion, ~l~ areas not b,,i~t upon shall be suitably landscaped so as to enhance the aesthetic appeal of the project. Each apartment ur_it sb-~ be provided ~ith a storage compartment of not less then 10% of the floor area of each apartment. Stairways leading to the second or any high floor sh~lt be enclosed. de Sewers: For conversion~ domestic sanitary sewers of the town mus~ be available for connection to the converted b,,~lding. Water.' Public water supply must be av-~ ~ able for connection to the converted building. There s~ be within the development a suitable number of fire hydrants to satisfy the requirements of the Fire Chief but in no event more than one for each 20 units sh-~ be required. Plot plan showing .location of propoeed buildings, driveways and parkinE areas, existing domestic sewers, city water and proposed storm water dieposal, certified by a regietered land surveyor or profeesional engineer as to the number of square feet contained therein. 8. Description of the real property intereet the applicant holde in the premises. 9. Description of construction materials proposed to be used. 10. Such other information as the Zoning Board of ~ppeals may require for the protection of public health and safety. 11. A der,tied architect's plan showing proposed changes ~ith specifi- cations. O. Conditions precedent to granting of permit: No special permit sb-~3 be issued unless the following requirements have been met: Land Area: b. C, d. The minimum land area req,,4~ed per converted dwelling unit sB-~l be: Efficiency or studio apartments ........ ........1,500 square feet square feet per unit. Apartments of not more than one bedroom ....... 2,000 square feet square feet 'per unit. Apartments of not more than two bedrooms......3,000 square feet sq,,-~e feet per unit. Apartments of three or more bedrooms.. ........ ~,500 square feet square feet per unit. Notwithstanding the foregoing the permitted minimum lot area per structure so converted sB-11 be not less than twelve thousand five hundred (12, 500) square feet, and the street frontage width of such lot sh-~ be not less than one hundred (100) feet; unless otherwise allowed by the Board of Appeals. 0 P. arkinE: Off-street parking a~.~ ~ be provided and located behind the front line of the converted building nat nearer than twenty feet to any property line other than a street liue according to the following minimum standards: a. One and one-half (1~) parking spaces per unit up to fifty units. Two parking spaces per unit for each unit in excess of fifty units provided that if more than fifty units are planned there sh.ll be an additio~-~ number of parking spaces over and above the required two spaces per ,,~t equal to fifteen (15) per cent of the total number of apartment ~nits. h. ALI main access and egress roadways within the development be thirty feet wide with no parking adjoining the roadways. No main roadway s~-~ be less than twenty feet. Place of worship. Nonprofit school.' Public building or use and public service corporation. Art gallery. Residential ~rc ~uobu;c i: no+, rot? +-b~ 50-p~ (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 livin$ on such lot, and for each additional acre of lot size to nine (9) 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 sxkv lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation cf 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. S~mm~ug and/or tennis clubs s~' be permitted with a Special Permit. Parking, indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use sh~ll not be ix~urious, noxious or offensive to the neighborhood. 4.12~ Business 2 District (1) Retail establishments. ('2) Personal service eetublis~ments. (3) Professional offices, banks, real estate offices and insurance .offices. (~) Business end other offices. (5) Public b,,~lding or use end public service corporation. (6) Art g sry.' -17- (9) (lO) (ll) (17) Swimming and/or tennis clubs shall be permitted with a Special Permit. Place of worship. Eating and drinking establishments. Nonprofit school or private school for profit or museum. Indoor place of 'amusement or assembly. Automobile service station (limited to one in each 2,000 linear feet of street or highway as measured along centerline). Medical center, clinic or medical laboratory. Funeral parlor. Multi-family dwellings and town houses (with Special Permit). Public parking garage. Taxi depot. Printing and reproduction. 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 nine (9) 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 ten (10) 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. Residential use where such use is not more than 50 percent of the total floor space in the structure. 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. 4.126 Business ~ District (1) Retail establishments. (2) Personal service establishments. (3) Professional offices, banks, real estate offices and insurance offices. (~) Business and other offices. (5) Public b,,tlding or use and public service corporation. (6) Art (7) Swimming and/or tennis clubs s~11 be permitted with a Special Permit. (8) Place of worship. (9) Eating and drinking establishments. (10) Nonprofit 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. (1~) Funeral parlor. (15) Public parking garage. (16) Ta~ depot. (17) Printing and reproduction. (18) Research end development facilities. (19) New car sales but not to include outdoor car sales lots accommo- dating more than ten used cars. (20) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, end 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 nine (9) 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 ten (10) acres, the keeping of any number of ar_tmals or birds regardless of ownership and the operation of equestrian rioting 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. 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. 4.127 Business 4 District Research and development facilities. Business, professional and other offices. Limited retail, personal service and eating and drinking use shall be permitted in an amount not to exceed five percent of total gross floor area of the principal uses. (~) Place of worship. (5) Nonprofit 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 canterline). (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. Printing and reproduction. 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 nine (9) 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 ten (10) acres, the keeping of any number of animals or birds regardless of o~nership and the operation of equestrian riding academies, stables, stud f~rms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the.above uses on the subject land. 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. G~neral. BllSfn~a (1) Retail stores and wholesale s~ores, salesrooms, funeral parlors, showrooms or places for any professional, artisticor mercantile activity, not involving manufacturing, also ret~t~ 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, ~heatre or other place of amusement or assembly. (~) Automobile service and filling'stations, automobile storage and repair garages including automobile body repairs and paintl.nE, and automobile sale agencies for new andused cars provided there be not displa~ed or stored outdoors on such premises more than twenty-five (25) automobiles or other vehicles. (?) Restaurant, dining room or lunch room. Residential use where such use is not more than 50 percent of the total floor space in the structure. Any accessory use customarily incident to any of the above per- mitted uses, provided that such accessory use shall be not in- Jurious, noxious, or offensive ~o the neighborhood. · ndustrial 1 District (1) Research and development facilities. (2) Business, professional and other offices. (3) Limited retsil, personal service and eating and drinking use shall be permitted in an amount not.to exceed five percan~ of total gross floor area of the principal uses. (s) (?) (1o) (2) (12) (13) (15) (16) Place of worship. Nonprofit school or private school forprofit. Public building or use and public service corporation. Medical center, clinic or medical laboratory. Art gallery or museum. Swimming and/or tennis clubs shali be permitted with a Special Permit. Printing and reproduction. Helistop (defined as a landing and take-off place for a heliCopter but not including facilities for storage or major repair of heli- copters). Special Permit required. : 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. 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 nine (9) 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 ten (10) 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 battcries. d) The sale of products raised as a result of the above uses on the subject land. ~ Warehousing and wholesaling shall be permitted only as a secondary use, Golf COurse. 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. 4.1 o Industrial 2 District (1) (2) (3) Research and development facilities. Business, professional and other offices. Limited retail, personal service and eating and drinking use shall be permitted in an amount not to exceed five percent of total Eross floor area of the principal uses. (~) Place of worship. (5) Nonprofit school or private school for profit. (6) Public building or use and public service corporation. (7) Medical center, clinic or medical laboratory. (8) Art gallery. (9) Swimming end/or tennis clubs shall be permitted with a Special Permit. (10) Recreation areas (Special Permit required). (11) Printing and reproduction. (12) Helistop (defined as a landing and takeoff place for a helicopter but not including facilities for storage or major repair of heli- copters). Special Permit required. (13) 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 cr dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. (14) 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 keepins 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 nine (9) 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 ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrienriding academies, stables, stud farms, dairy farms, and poultry batteries. (l?) (lC) (19) (20) (2) d) The sale of products raised as a result of the above uses on the subject land. Warehousing and wholesaling. GO~ oo~rse. 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 feet or more in height. Bus garage. Automobile service station (limited to one in each 2,000 linear feet of street or highway as measured along centerline). Car wash, Automobile or other motor vehicle repair, provided ~ll activities are within an enclosed building. Veterinary hospital and kennels, provided all activities are within an enclosed building. Parking, indoor storage and other accessory uses'customarily assoctated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. Industrial "S" District (1) Research and development facilities. (2) Business, professional and other offices. (3) Place of worship. (~) Nonprofit school or private school for profit. (5) Public building or useand 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-rets41 activity, provided such uses are con- ducted solely within a b,,~ldingand further provided that such uses are not offensive, noxious, detrimental or dangerous to surrounding areas or the to~n by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. (8) Premises of abank, post office, telephone exchange or telephone business office, local buspassenger station or business office buildings. By special permit, an automobile service and filling station, a &iner, a restaurant, a retail food store, bu~ no other retail stores of any kind. (lO) Warehousing and wholesaling. Lumber or other building materials storage or sales, fuel storage, or contractor's yard, provided all outdoor uses are enclose~ by a fence of five feet or more in height. (11) Bus garage. 4.2 ACCESSORY USES Accessory uses, as defined hereint sh~ll be on the same lot with the building of the owner or occupant, and shall be such as do no~ alter the character of the premises on which they are located nor impair the neighborhood. Where manufacturing of any kind is .llowed as an accessory use, it s~ll be restricted to such light manufacturing as is incidental t~ a permitted use and where the product is customarily sold on the premises by the producer ~o the consumer. ACCESS TO BUI/.DINGS No private way giving access %o a ~,tlding or use not permitted in a residential district shall be laid ou% or constructed so as to pass through a residential district. Table 1 SUMMARY OF USE ~EBULATIONS p~rmittsd Use ~ O~o~ ~ I ~ No Yos Yes ' Yea d Yoo Yos Yea Yes ~o Auto so~ce station~lNo' I ~ ~ J No ~c~se ' ~os ~ ~es ~ Yes Oues~ ~e ~o' ~ Yes ~ Yas Hanufactur~n~1 ] ~O ! NO ~otel o~ hotel No ! No New car s~es1 ', No No Nonprofit school ;Yes , Yes P~co of ~rs~p Yes , Yes P~fe~o~ of~ce~ No~ i No2 ! NO I NO1 i Nol I No ~ No ~ No t No Ho No ~o Ro Yes Yea Yes No No Yes No No Yes Yooz Yes Yes SP Yes Yes No { No No J No Yes ! Yes No i Ho No i 3faa Yes ~es ~ Yea No { Yes NO ," Yo.' { ~ I Yea No i ~ I Yes { Yes Yes~ ~ ~ ~ No : .o i : No ~ ~ I No NO1 Yea Yes ' Too ~ Yes I Yas ~ Yes" Yes ~ Yes { Yes No No1 i Yea i No Yoo { Yes 1 Soo detailed district uae regulationa. SP · with Special Permit only. NOTE= Th:La chart ~a £or su~ fu%format:~onal purpoaea or~y and ia not a aubatit~te for %ha datailod district uaa ras-~lat:Lona contained in Section L, of thin By-law. -26- Section (1) The removal of sod, loam, soil,, olay, sand, ~ravel, or, stone from~any land in the Town of North Andover not in public .use is hereby pro- hibited except such removal as maybe authorized in any zoning district by a permit issued by the Board of Appeals and except. ~Such removal 'as is permitted by paragraph (3). No such permit'shall be issued except u~on written application therefor to the Board of Appeals with copy to the Planning Board and after a public hearing on such application by the Board of Appeals. Such application shall include a diagram :o scale of the land concerned, indicating existing and proposed elevations in the area to be excavated and stating the ownership and boundaries of the land for which such permit is sought, the names of -3~ adjoining owners as found in the most recent ~ax List and the approximate locations of existing public and private lands nearest to such land. Notice of said public hearing sh-ll be as provided by law and shall be paid for by the petitioner. (2) A copy of any permit granted hereunder by the Board of Appeals, stating all of the conditions imposed, if any, including but not limited ~o limita- tion of such removal in: (a) extent of time, (b) area and depth of excavation, (c) steepness of slopes excavated, (d) distance between edge of excavation and neighboring properties or ways, (e) temporary or permanent approved drainage, (f) the posting of security or bond, (~) the replacement of not less than six (6) inches of top-soil over the whole of any area from which earth materials are removed where the location of such removal is afterward to become a residential sub- division, or, (h) in the case of continuing sand or gravel pit operations in one general locus, recovering the finished cut banks with a minimum of four (&) inches of top-soil; Or a copy of the denial by the Board of Appeals of any application for such, stating the reasons for such denial, sh~ql be mailed forthwith by the Board to the parties in interest, including also the Planning Board and the BuildingInspoctor. This regulation sbnll 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 purposes of constructing foundations for building or o~her ~ow- able structures for which building permits have been issued, or for the purpose of constructing ways in accordance with Lines and grades approve~ by the Planning Board' or by the Board of Appeals or for the purpose of const~cti~g utilities or other engineering works for public service or for the purpose of leveling an area for an acceptable residential sub- division. Nor shall this regulation be deemed to prohibit the transferral of sod, loamt soilt clay, sand, gravel or stone from one part of a lot, tract or parcel of lan~ to another part of the same lot, tract or parcel of land in the ssme o~nership. Section 6 DIMENSIONAL UIREMENTS Minimum lot areas for uses in each district shall be as set forth in TabIe 2, Summary of Dimensional Requirements, which is hereby made a part Of this by-law. (1) In determining the fulfillment of the minimum area and.minimum street frontage of lot reo. uired in any zoning district, there shall not be in- cluded 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 sha]] 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 sh-%l be determined entirely within the lines bounding such lott including such curved line. (2) No lot, upon which is then located any b,,~dings or with respect to which a permit has bean issued and is than outst&-d{ng for the erection of any building, sh~11 be subdivided or reduced in area in any manner unless said lot shall thereafter f~lf~ll the lot areat street frontage and yard space requirements of this By-law except as may be permitted otherwise by the Board of Appeals. If land be subdivided, conveyed, devised or otherwise transferred in violation hereof~ no building permit or other permit sh~l~ be issued with reference to any of the land so transferred or to the lot (s) retained until ~11 of such land and lots meet the requirements cf this Zoning By-law. 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. 6.2 STREET FRONTAGE Minimum street frontage' shall be as set forth in Table 2. In no case shall actual street frontage at the street line be less than 75 feet. Corner lots shall be required to have the required frontage only on one street. Amm (smm a s) Minimum front~ side and rear setbacks sh-ll be as set forth inTable 2. Buildings on corner 10ts sh-l~ have the required front setback from both streets except in Residence ~ District where setback from the side street s~ be 20 feet minimum. 6.4 BUILDING NEIGHTS Maximum heights of b~!14ings shall be as set forth in Table 2. is defined in Section 2. "B~ ding height" The foregoing limitations of height in feet in the zoning districts designated shall not apply to farm buildings on farms of not less than ten (10) acres area, nor s~ they apply to chimneys, ventilators, skylights, tanks, bulkheads, pent- houses, processing towers and other accessory structural features usually erected at a height greater than the main roofs of any b,,~dings, nor to domes, bell towers or spires of churches or other buildings, provided ~ such features are in no way used for living purposes, and further provided that no such structural feature of any non-manufacturing b,,~d~ng s~,~l exceed a height of sixty-.five.(6~5) feet from the ground nor of a manufacturing building a height of eighty-fmve (85) feet from the ground except by permission of the Board of Appeals acting under G.L. Ch. ~0A. 6. ~ LOT COVERAGE Maximum lot coverage by b,,~dings sb.l~ be as set forth in Table 2. Lot coverage shall mean the percent of the lot covered by principal and accessory structures. 6.6 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 amd the area of the lot on which it is located. 6.7 DW~tl.IN~ UNIT DENSITY Maximum dwelling unit density (dwelling units per acre) shall be as set forth in Table 2. 6.8 EXCEPTIONS of this By-Law and ~he The residential lot areas and frontages above required and listed in Table 2 shall not apply inanyresidencedistrict to anylot of less area or less frontage thanabove required if such lot be not adjoined by other land of the same owner, aw~able for combination with or use in connection with suchlot, provided that the applicant for a building permit on any such lot sb,~l 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 the 'effective and provided that on such a lot there shall be kept open and not built upon a front yard and a rear yard each net less than 20 feet deep, and two side yardst each not less than 12 feet wide. In Residence ~ Districts only, two or more vacant lots, mut~l%y adjoining, may with a Special Permit from the Board of Appeals be permitted to be com- bined 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 of said vacant lots before combination was of less area or less frontage thanrequirad herein and, by citations from the Essex County Registry of Deeds, that each such lot was lawfully laid out and duly recorded by plan or deed prior to the effective date of this Building Inspector shall permit the construction of one single family dwelling on each such lO,000 square feet lot. No~t~thstandin~ en~ other provision of law, no amendment to this Zoning By----law shal~Yor ~ffect the size,'shape, or frontage of any lot shown ox a plan of a subdivision as ~efine~ in Section 81-L of Chapter ~1 of the General Laws if the plan of such subdivision has been fin.~ly approved by the. Planning Board and duly recorded pursuant to said Chapter such Zoning By-law amendmentt for a perio~ of seven years from the ~ate of final subdivision approval by the Planning Board of such plan or until any such lot is divide~f whichever occurs first, without the consent in writing of the owner of such lot. mum ~mq. ~t,.) 9 65.%0 43.560 ' 25.000 F~nt {etbmck1 m~ (r~,) ~o 3o ~ .~, (,~., ~o, -32- :Sec%ion SL,'PPIi~iENTA~Y HEGULATIONS .1 OFF-ST~ET PARKI~. (1) Whenever a b. tldin~ is erected, reconstructed, moved or expanded so as to ~ncrease its floor area and/or design capacity, there shs].l be provided on the same lot with such buJ.lding 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 follo~ring schedule for' the new building or increased design capacity of floor area: ' ' '" One or two-family residence. M/n/mm Spaces Required ..One space per dwe!]fng unit. Three or more fsmily residence (including apartments). A~I other places with sleeping accommodations including rooming houses, hotels, motels, hospitals, nursfnghomes, etc. Auditoriums, theaters, athletic fields, funeral parlors, and other places of assembly. Restaurants and other eating and drinking places. Retail store and service establishments. 1.50 spaces per dwelling unit of two or more bedrooms..1.25 spaces per, dwelling unit of less than two. bedrooms.' 0.50 spaces per.dwelling unit for units designed and occupied for the elderly . under govarr~ent assisted programs. One space per 'sleeping room for single or double occupancy. (If occupancy ex- ceeda two per room~ one space per two o ,ds . shall be provided.) One space for each four persons based on design capacity of the facility. One space for each three seats. Six spaces per 1,000 square feet of net ground floor area(excluding storage area), except five spaces perl, O00 square feet of net ground floor area (excluding storage area) in Business 1 and 2. In addition, one-half the requirement for uses on the first story shall be required for each additional story. Offices, research facilities. Three spaces per 1,000 square feet of net floor area (excluding storage area). Warehousing, wholesaling, distributing. Manufacturing, assemb~, fabricating, etc. One space per 1,000.square feet of gross floor area. One space for each two employees in the maximum working shift or one spacefor each 1,000 square feet of gross floor area, whichever is greater. (2) The required parking for any two or more uses or structures may be pro- vided by the allocation of the total of the various spaces required for each use or structure in a common parking facility,' cooperatively estab- lished and operated. 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 parking spaces or less or residential uses or structures whose minimum parking wouldamount to two parking spaces or less. If the Building Inspector is unable to identify a use with one or more of the uses in the shove 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. The Board of Appea~s may by variance make exceptions tothe provisions of this section and, upon a mitten request of the owner and after a public hearing, authorize the ~ilding 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 exception maybe limited as to time, use or intensity of use. A parking space shall mean an area of not less than 9x18 feet accessible over unobstructed driveways. These spaces shall be ~raded and paved for all except one or two family residential uses. (7) For multi-family dwellings the front yard shall not be used for parking purposes. (8) In all residential districts the front yard shall not be used for parking. for accessory uses. (9) In residence districts parking or outdoor storage of one recreational vehicle (camper, etc.) and one boat per dwelling unit may be permitte~i in an area to the rear of the front line of the b, Hlding. All other rec- reational vehicle and boat storage (if any) shall be within closed structures. (lO) (ll) Loading facilities provided for any use shall be sized, located, arranged, and of sufficient number to allow service by the type of vehicle custom- arily expected for the use while such vehicle is parked completely clear of any public way or sidewalk. In residence districts garaging or off-street parking of not more than four motor vehicles per dwelling unit may be permitted, of which four motor vehicles, not more than two maybe commercial vehicles other than passenger sedans and passenger station wagons, but not counting farm trucks nor motor-powered agricultural implements on an agriculturally active farm or orchard on which such vehicles are parked. Commercial vehicles in excess of one ton capacity shall be garaged or screened from view of residential uses within three hundred feet by either: A strip at least four feet wide, densely, planted with trees or shrubs which are at least four 'feet high at the' time of planting'and'which are of a type that may be expected to form a year-roumd dense screen at least six feet high within three years, or (b) An opaque wall, barrier, or fence'of uniform appearance at least five feet high, but not more then seven feet above finished grade. Such screening sh-~l be maintained in good condition at all times, and s~.~ ~ not be permitted to exceed seven feet in height ~ithin re- quired side yards. Such screening or barriers may. be interrupted by normal entrences or exits end shall not be required within ten feet of a street lot line. ' Garaging or off-street parking of an additional two commercial' vehicles may be allowed by Special Permit. ~hen it is deemed to be in the public good, parking for additional pleasure vehicles may be -~owad by Special Permit. 7.2 AUTOWn~.w. S~VICE STATIONS AND OTH~ AUTOMOTI~ SERVICES Automobile service and f~g stations, automobile repair shops, body shops end painting shopst tire stores~ radiator shops or eny of their appurtenances or accessory uses shall not be erected, placed or located within 50 feet of any residence district or residence structure. In addition, the. use or structure sb.~ conform ~o the following raquiremen~s (in addition to district, requirements): (1) The minimum frontage on a street sb-~ be 150 feet. (2) The maximum width of driveways and curb cuts measured at the street lot line or lines ~-~ be 30 feet; the minimum width shall be 20 feet. (3) The minimum distance of driveways, measured at the street lot line or lines shall be as follows: From corner lot line: 20 feet From interior lot line: 10 feet From other driveway on same lot: 2Ofeet (~) The minimum setback of any building from all street lot lines shall be ~0 feet. (5) The minimum setback of gasoline pumps from .~ street lot lines shall be 12 feet, A raised concrete or granite curb at least six inches in height shall be constructed along ~ lot lines except at driveway openings. (7) Properties in residentialdistricts or enyresidence structures whtch abut an automobile service station or other automotive service shall be protected from headlight glare by either: (a) Cb) A strip at least four feet wide, densely planted with trees or shrubs which are at least four 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 feet highwithinthreeyears, or An opaquew, ll~ barrier, or fence of uniform appearance at least five feet high, but not more than seven feet above finished grade. Such screening shall be maintained in good'condition at all times, and s~l! not be permitted to exceed seven feet in height within required side yards. Such screening or barriers maybe interrupted b~ normal entrances or exits and shall not be requiredwithintenfeet of s street lot line. Seetinn 8 NONCONFORMING USES 8.1 ¢ONTINUANO Any nonconforming building, structure or use, as defined herein, which la~ fully 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 By-law. Any lawfully nonconforming building or structure and any lawfully nonconforming 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 nonconforming, but such building or use sb.ll not at any time be changed, ex- tended or enlarged except for a purpose permitted in the zoning district in which such b,,tl ding or use is situated, or except as may be permitted other- wise by the North Andover Board of Appeals. 8.2 ALTerATION OR EXTENSION A use, or structure housing a use, which does not conform to the regulations of this By-law, but whichdid conform to al1 applicable regulations when initially established shall no% be changed, extended, or enlarged excep~ in accordance with the following provisions: (1) Such change eh. il he approved 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 nonconforming. (3) Any increase in volume, area, or extent of the nonconforming use shaLl'not exceed an aggregate of more than 25 percent of the original use. No change shall be permitted which tends to lengthen the economic life of the nonconformity longer than a period reasonable for the amortization of the initial investment. REBUTS_ ~nING' AFT~ CATASTROPHE ~ nonconforming butldi~ or structure destroyed or dama$$d.~¥ fire, flood, lightning, wind or otherwise to the extent of sixty-five (6~) percent or more of its reproduction cost at the time of such damage shall not he rebuilt, re- paired, reconstructed nor altered except for a purpose permitted in the zoning district in which such building is located, or except as maybe permitted other- wise by the Board of Appeals acting under G.L. Ch. ~OA. If enylawf~l]ynonconformingbuildlng or use of a b.tldingorland 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 By-law in the dis- trict in whichit is located, it shall thereafter continue to conform. Sec%ion ~ ADMINISTRATION ENFORCEMENT The North Andover Zoning By-law shall be enforced by the North Andover Building Inspector. The Building Inspector upon being informed in writing of a possible violation of this By-law 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. 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 de- mand in such notice that such violation be abated within such reasonable time as may be designated therein by the Building Inspector. Such notice and dem,nd 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 ~,~lding Inspector or the Selectmen shall institute appro- priate action or proceedings in the n~me of the Town of North Andover to prevent, correct, restrain or abate any violation of this By-law. 9-11 Build-inK Permit No builc[ing shall be erected, altered, moved, razed .or added to in North Andover without a written permit issued by the Building Inspector. Such permits sB,11 be applied for in writing to the Building Inspector. The Building Inspector sh-I ~ not issue any such permit unless the plans for the building and the intended use thereof in ,l~ respects fulftll the provisions of the North Andover Zoning By-law (and other applicable town by-laws), except as may have been specifically permitted otherwise by action of the North Andover Board of Appeal% provided a written copy of the terms governing an~ exception so permitted be attached to the applica- tion'for a b,,~lding permit and to the b,,tlding permit issued therefor. One copy of each such permit, as issued, including any conditions or ex- ceptions attached thereto, sh-~ 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' ,ll other physical requirements of this By-law, including but not limited to off-street parking, screening and fencing. Upon granting a permit the B,,~ding Inspector shall cause a copy to be posted on the property to which it relates in a conspicuous place. .~..12 Penalt~ for Violatl-- ~hoever violates any provisions of this By-law shall be punished by a fine not exceeding $20.00 for each offense.' Each day that such violation continues sh~ constitute a separate offense. .2 BOARD OF APPEALS A oLntment and Or anization_ There shall be a Board of. Appeals of five Members and not more than three Associate Members, which shall have and exercise all the powers provided under G.L. Chapter &OA, and which shall hear ~nd_.decide all matters specifically referred to the Board of Appeals by the North Andover Zoning By-law 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. · 22 Basis for A, eals An appeal to the Board of Appeals may be taken by any person aggrieved by reason of his inability to obtain a permit from the Building Inspector, or by any officer or board of the town of North Andover, or by any person aggrieved by any order or decision of the Building Inspector or other administrative official in violation of an~ provision of the By-law. Such appeal shall be taken within thirty days, as provided by Section 16 of Chapter &OA of the General Laws. ..2 Powers of the Board of A. eals 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 Special Permits and variances which the Board of Appeals is required to act upon under this By-law. SPF~T~L P~T The Board of Appeals may gran~ a Special Permit after public notice and hearing in such cases as are set forth in this By-law, subject to the requirements and procedures set forth herein. ~r A · .royal of S ecial Permit. (1) The Board of Appeals shall not approve any such application for a Special Permit unless it finds that in its Judgment all the follow- ing conditions are met: (a) The specific site is an a~proprlate 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. (d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. In approving a Special permit the Board of Appeals may attach such conditions and safeguards as are deemed necessary to protect the neighborhood, such as but not limited to' the following: (a) Requirement of front, side or rear yards greater than 'the mini- mum required by this By-law. (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 Board of Appeals. (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. (f)' Requirement of off-street 'parking or other special features beyond the minimum required by this or other applicable by-laws. ?.4 TEMPORARY PERMIT The Board of Appeals may grant a temporary use or occupancy permit for e of not more than one year at a time, subject to a single renewal. Such per, its shall be subject to conditions imposed by the Board related to safeguarding the character of the district affected and shall be granted in accordance with procedures provided herein for the granting of Special Permits. ~. ~ VARIANCE FROM ZONING BY-LAW The Board of Appeals may authorize a variance from the terms of this By-law where, owing to conditions especially affecting a parcel of land or a building b6t not affecting gener~!ly the zoning district in which it is located, a literal enforcement of the provisions of the By-law would involve substantial hardship, financial or otherwise, to the appellant, and where desirable relief may be granted ~ithout substantial detriment to the public good and v~_thout nullifying or substantially derogating from the intent or purpose of this By-law. In exercising this power, the Board may impose limitations both of time and of use, and a continuation of the use permitted may be conditioned upon compliance with regulations to be made end amended from time to time thereafter. AMENDMENTS TO ZONING BY-LAW This or Zoning Map may be amended from time to tim~ by a two-thirds ( 2/3 )By-law vote at an axmual or special town meeting in accordance with the provisions of Section 6 of Shapter ~0A of the General Laws~ 9.61 Application and Hearing The Planning Board sb~ll hold a public hearing on any North Andover Town Meeting warrant article to amend the Zoning By-law 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, e~ent and location of the map change proposed and shall be accompanied by: (l) Three black_line 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 res~ of the %own. Notice of the aforesaid public hearing on a zoning amendment shall be given by publication as provided by statute and by m~ltug copies of such notice as published to such parties as the Planning Board may deem interested, at the addresses for such parties as they appear in the most recen~ North Andover real estate tax records. 9.62 Action Taken Under Prior By-Law Except as otherwise provided in Section 11, Chapter h0A of the General Laws, the adoption of this By-law shall not affect the validity of any action lawfully taken under the provision of the Zoning By-law in effect prior to the date this By-law becomes effective. Effect of Subsequent Am-=~m-ats In the case of amendments to this By-law or changes in the districts or the boundaries subsequent to the date this By-law becomes effective, the right to continue the use or maintenance of any building, structure or premises which was lawful when such amendment or change became effective shall not be impaired by any such amendment or change, except as provided in Section 5 of Chapter &0A of the General Laws. ?.7 CONFLICT OF LAWS In general, this By-law is supplementary to other North Andover By-laws affecting the use, height, area and location of buildings and s~ructures and the use of premises. Where this By-law 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 By-laws, the provisions of this By-law shall control. The invalidity of any section or provision of this By-law shall no~ invalidate any other section or provision thereof. ZONING MAP 8 d State Primary September 19, 1972 2~ 529 319 ~9 1~ 1~6~ 49 6o 42 69 42 262 297 342 529 270 192 143o 35 47 ~ ~ ~4 49 ~ 35 70 42 260 102 106 1~2 151 102 70 659 149 193 203 165 '109 ~19 ll l~ 15 1 1 1~ 173 1~1 139 8~ 7o5 Democratic PatSy Con~. SENATOR Fourth ~-ssex Distric~ ~'~. :ufa- o ~aver - - BLANKS Nor~ Ana ov er. BLANKS REGISTER OF PROBATE*INSOLVENCY. Essex Cnty, John J. Costello o~' North And over B~ C0~ C0~,~ISSI0~ Essex cowry D~iel J.. B~ke of Peabody William J. Donovan of Lawrence R. William A~on of Lawrence Norm~ R. Be~e~ of L~field James C. Bradley of North ~over Donald W. Gardner, Jr. of A~ over R~chard~Pa~r~ck Mayo~ of ~wampscott Michael Nagle of North ~dover ~A~S C0~ T~S~ f=Essex Tho~s F. ~ffY of L~ J~es M. Garvey of Lawrence Anthony Jo~ Neve of Lawrence ~GIS~ ON DEEDS~ Essex Northern Dist. T~o~s J. B~Xe cZ Lawrence Jo~ C. Bre~ah~ of Lawrence Joseph L. Creeley of Lawrence Jo~ R. Williams of ~dover lo9 B~ 125 l~ 12~ 579 15 152 ll9 178 126 12~ ~9 640 42 36 27 204 55 58 ~ 40 276 55 17 17 17 29 18 9~ SE~ATOR IN CONGFW. SS E6ward W. Brooke of New=on 69 BLANKS 1 CONG~SS~N S~th District J~es Br'ady Moseley of Hamilton 6~ BL~ 7 COUNCI~0R for Fif=h District T. Edward Lallier 61 B~N~ 9 ~NAT~ for Fourth Essex Dis~. ~s ~n~g 62 B~ 8 ~P~S~TATI~ G.C. ~h Essex Dis~.., Josgp~ ~ie of Nor~ ~ over. William Hilber~ " " 1 Fr~cls Mc CatChy " " 2 B~ES 67 ~GIS'~ 0F ~0BA~*INSOL~ Essex Cnty William Hilber$ of North ~dover 1 Harold Morley of North ~ over B~ 69 COUN~ C0~ISSIO~S Essex Co~ William S. Nagle of Andover 5~ William E~ Slusher of Groveland 5~ ~ CO~ T~AS~ Essex Co~t~ William Hilbe~ of North ~dover 1 William ~ffy " " Clarence Otis " " BLA~ 69 ~GIS~ 0F ~DS Essex Co~=y Arth~ J. DeFusco of Andove~ 62 B~ 8 1~ Absenttee Ballots recuested. ll~ 97 91 ~ ll l~ ll 11o 9! ~5 79 14 21 17 15 74 10b B7 ~1 74 409 l~ ~5 21 20 93 lO7 ~9 ~6 71 17 2~ 16 2~ 1 I 1 4 1 124 !07 101 93 h972' 1 1 1 lZ~ ll2 io2 9~ 500 lO7 92 ~5 7~ 124 112 102 1 1 1 1 1 ~2 ATTES~ 109 8~ ~ 76 15 23 ~