HomeMy WebLinkAbout1978-04-22TOWN WARRANT
COMMONWEALTH OF MASSACHUSETTS
NORTH ANDOV£R
! 978
ESSEX SS;
To either of the Constables of the Town of North Andover:
GREETINGS:
In the name of the Commonweallh of Massachusetts, and in compliance with
C~apter 39 of the General Laws, and as recently amended by Chapter 8, Seclion 9 A
of the Acts of 1974 and our North Andover Town By-Laws, Article I, Section 4, you
are hereby directed to notify and warn the inhabitants of the Town of Norlh
Andover who are qualified to vote in Town Affairs to meet in the Veteran's
Auditorium of our North Andover Middle School on Saturday, April 22, 1978 at one
thirty {1:30) P.M., then and there to act upon the foBoxving Articles:
ARTICLE 1. Thc election of Town Officers appearing on the ballot have already
been acted upon at the Annual Town Eleefion on March 6, 1978.
ARTICLE 2. To elect all Town Officers not required by taw to be elected by
ballot.
Petition of the Seleclmen
ARTICLE 3. To see if the Town will vote to accept the report of receipts and
expenditures as presented by the Selectmen.
Petition of Selectmeh
ARTICLE 4. To see if the Town will vote to CL,~ the salary and compensation of
the elected officers of the To~n, as provided by Section 108 of Chaplet 41 of the
General Laws.
Petition of Selectmen.
ARTICLE 5. To see what action the Town will take as to the budget
recommendations of the Advisory Committee.
Petition of the Selectmen.
ARTICLE 6. To see if the Town will vote lo authorize the Treasurer, xvith thc
approval of the Selectmen, to borrow in anlicipation of the revenue for the next
fiscal year, all as provided by Chapter 44 of the General Laws.
Petition of Selectmen.
ARTICLE 7. To cgnsider the reports of all Spec:iai Commi tees.
Petition of Seleclmen.
f~iRTICLE 8. To see if the Town will vote to authorize the Board of Health to
t one of ils members to the position of Board of Health Physician, as I~rovided
lion 4A of Chapter 41 of the General Laws.
Petition of Selectmen.
ARTICLE 9. To see if the Town wBI vote to appropriate for the use of the
Stevens Memorial Library the sum of S$,949.00, which the Town has received from
the Slate under the provisions of Chapter '/8, Seelion 19A of the General Laws.
Petition of Trustees of Stevens Memorial Library
ARTICLE 10. To see if the Town wiB vote to establish the position of
Administrative Assistant to the Board Selectmen and to authorize the Selectmen to
appoint said Assistant to serve as such at their discretion, and that the sum of
$18,000 be raised and appropriated for his annual compensation.
Petition Board of Selectmen
ARTICLE 11. To see if the Town will vote to raise and appropriate the sum of
$280.00 to be expended under the direction of the Board of Selectmen or Town
Clerk for the purpo$~ of having the To~al By-Lass~ printed up in book form of 8
Il9'' x I1". To be printed to date and to be sold at the price of one dollar ($1.00)
pet book. Any amendments al a later date lo be printed on separate sheets and to be
g~.yen upon request.
Petition Town Clerk & Board of Selectmen.
ARTICLE 12. To see wbether the Town under and pursuant to authority
~anted in General Laws, Chapter 40D, Section 21(g), as amended, will vote to
authorize the Board of Selectmen to enter into a contract with the operatot of soBd
waste disposal facilities to be established in the Town of North Andover for Ihe
disposal of refuse, garbage and waste and for the use of by-products resulting from
the opetafiun of such facilities, which contract will (1) be for a term of twenty years, mote o~ less;
(2) include provisions for Ihe delivery of minimum amounts of refuse, garbage and
x~ste and payments for the use of the facilities to be based thereon;
{3) provide for unit prices that will be graduated and for adjustments thereof and
for the use of steam, electricity and other by-products resulting from the use
of the facilities and for credits or payments of the Town resulting Iherefrom;
(4) the use by the Town or other munieipalitizs of the uncommitted capacity of
such facilities;
tS}contain other provisions incidental and related to the foregoing general
mallets; and
{6) be generally in the form of proposed contract* negotiated by representatives
of the member communities of the /qorlheast Solid Waste Committee
{NESWC} with such changes therein as may be approved by said Board of
Seleclmen
* Copies of the form of proposed contract are on file in the office of lhe Town
C/erk and Ibc Board of Selectmen where they may be examined during office
hours.
Petition of Board of Selectmen
ARTICLE 13. To see il' the Town wilt vote to authorize the Selectmen to enter
inlo a conlract with Ihe Merrimack Valley Regional Transit Authority for lhe
continuation of lransit services in Ihe To%n~l.
ARTICLE 14. To see if the Town will vote to raise and appropriate the sum of
$400,000 to be expended under the direction of the Conse~wation Commission for
hftemafter deseri~ e ~'~e, ~',Pur°ct~t,°~ o,.f the. so-called Campi~-ila~p'~=o~.=;~;~ . ARTICLE 17. To su~ if the Town ss'iii vote lo raise and apl{rOpe ate the sum of i ............................................. ~ ......... ----':~'~=: -'~'~
.oelermine svbetber sa d approol~alln'~' ~o~_emment domain or o het,.vis~: a~d r~ a(appraised value) to be expended under thc direction of Ihe Board of Sc ectmcn for ! ARTICLE 21 To se.' e ,~.~ T .... ..; ................... ; ~ ~;
~tom avadable funds in the Town ,-- .tn: mol by laxahon, by proper Iransfer,t the purpose of acqumng by purchase eminent duma n, or othe~vise, for Sl 024 00 to be s nt undo ' ' ~
any combination of these SOUrCes of funds: I p n of the folinwlng nine {9) acres, the five (5) acres surrounding the main Public Works.
g' ' exce Itu - . . . . . pe g mmcnded by the Mass. Dept. of
Beginning at the northwesterly cornet of the properly' at the intersection of building, eaBed Campion Ilall, and one acre around each of the existing four (4)
Lake Cochicbe~Jck and Great Pond Road, thence running southeasterly along the I Pelilion of Board of Selectmen
mean high v,~ler mark of Lake Cochicbesvick by various courses 2750 feet more or
Brooks School 500 feet to a point, thence turning and running north~:slerly 1040
feet to a point, thence turn ng and running N68-0
.l~.int: thence turning and runniixe N2t.qi-~r. ~ · ).,I.-O51¥ 36 feet more or less o a
Great p ...... t to a point thence lurning and ru- ? ., ~,u~,~,v a~,.ong Great
Road ~?a?, ~62.7g feet to a point, then~ ~nnt~-m.~"Y -72-~ W along
-,-, ~ce.~ sloop a curve with a radius of 123n ' ~ ~csterty along Great Pond
Also a consetValinn reslsiclinn on a portion of
~C~ p. ion tlall mote particularly described forth,, .t~he p. to.perty locally known as
running S21-$8-55W 1313 feet to a point, thence turning and runnlng$68-Ol-OSE 36
feet SO a point, thence turmng and running southeasterly 1040 feet to land of Brooks
School, thence turning and running northeasterly along land of Brooks Scboo! 263
turmng and running north,s:steely along various courses 1190
feet to a point, thence turning and running more north~steriy along various courses
608 feet to the point of beginning. The area of this parcel being
less. 21.2 acres more or
Petition of Board of Public Works
ARTICLE 15. To see if the Town will yom toraiseandagptopriate the sum of
$- -- to be expended under the direction of the Conserratinn Commission and
the Selectmen for the purpose of acquiring by purchase, eminent domain
othenvise, for conse~Vallon purposes pursuant to or
SecBon 8C, the folinxsmg descr bed natcel oc ,Ma_,.sS.?ener.at Laws, Chaplet 40,
"Campion Ilall Property" bounded and described as northerly and easterly by Great
Pond Road, ~esterly by Lake Cochiche~ick, and sou heriy by land of Brooks
School, said portion to be acquired being a that area w/thin a horizontal distance of
300 feet from the 1977 mean water elevation of Lake Cochichewick, and to allow
the Conservalion Commission to enter into any agreement with the Massachusetts
Execu tire Office of Envitonmenlal A flairs and apptopriale Federal agencies regarding
this a. cquisitinn; and lo determine whether said appropriation shall be met by
.stets from av. adable funds in the Town tteasur b
ARTICLE 16. To See if the Town ~ll vote to appropriate a sum of money for
acquiring by eminent domain, purchase or otbens'
ut part of the so-called Ca ' nsc, for conservation u uses
Petition of Concetta L. Bernal and others
homes. The exception parcels ate as follows:
PARCEL I - Beginning at a point on the sou therly sideline of Great Pond Road
250 feel more or less to a poinl, thence running Soulhscesieriy along an ase with a
radius of 140 feel, a distance of 64.5 feet mote or less to a point thence running
more southwesterly 162.5 feet more or less Io a point thence running along an arc
with a radius of 220 feel, a distance of 92.5 feet more or less to a point Ihence
running mote southss~ssedy 260.0 feel more or less Io a point thence turning and
running scestcriy 510 feel more or less Io a point thence turning and running
southerly 270 feet to a point thence turning and running 395 feet more or less to a
point thence turning and mooing northeasterly 860 feet more or less to a po nti
then.ce tunni.ng northeasterly 380 feet more or less to a point thence turning and]
runmng northerly 260 feet more or less to a poinl on the southerly sideline of Great ~
Pond Road, thence turning and running westerly along Great Pond Road 240 feel '-~
more or less to /he point of beginning. The area of this parcel being 9 acres more or
less.
PARCEL 2 - Beginning at a point on the southerly sideline of Great Pond Road
which is 170 feel mom or less from a slone monument thence turning and running
southeasterly 320 feet more or less to a point, thence turning and running easterly 90
feet more or less to a poinl thence turning and running northerly 270 feet to a poinl
on the southerly sideline of Greal Pond Road, thence turning and running westerly
along Great Pond Road 200 feet more or less to the point of beginning. The area of
this parcel being I acre more or less.
Petition Wm. R. Lyman, Jr. and others
ARTICLE 18. To see if the Town will vote to raise and appropriate the sum of
S(appraised value) to be expended under the direction of the Board of Selectmen for
the puq~ose of acquiring, for conservation purposes, Ihe land comprising the
Campion llall property, by purchase, eminent domain or otherwise.
Pelilinn of William R. Lyman, Jr. and others
ARTICLE 19. To see if the Town will vote to appropriate a sum of money to be
expended under the direction of the Selectmen for tho operating expenses (insurance,
security, healing, etc.) of the Campion flail property if it is voted to acquire the
property.
Petition of Conceits L Berual and others
ARTICLE 20. To see if the Town will vote to amend the Town By-Laws, Article
I, Section 7 to read as follows:
"No business shall be transacted at any Town Meeting, except by the unanimous
vote of those present and voting, unless there shall be present at least 1.5% of the
registered voters of the Town; pwvided, bowes'er, th. al a number less
quorum may adjourn such meeting frum time to time. than such
Petition of Dana Fisher and o i'
ARTICLE 22. To see if the Town will vote lo raise and appropriate the ram uti
$10,000 to be spent under the direction of the Seleclmen for the purpos- uti!
increasing the amount of street lighting in the Town.
Petition Board of Selectmen
ARTICLE 23. To see if the Town wBI vote to change the num~--~of~i:
members of the Ilistorical Commission from five (5} to seven (7).
Petition North Andover tlistorical Commission
ARTICLE 24. To see if the Tox~ will vote to rals~ and appropriate the sum of
$2,000 to be expended under the direction of the Collector of Taxes for lhe purpose
of purchasing a Postage Meter Mailing Machine to replace current 10 }'ear old
ARTICLE 25. To see if the Town will vote to raise and appropriate the sum of
$22,000 to be expended under the direction of the Selectmen for the purpose of
purchasing four (4} new police cars, three-1977 and one-1973 cars to be turned in, in
trade, and all equipment to be changed peer, such as police radios, sirens and similar:
Petilion of Chief of Police
ARTICLE 26. To see if the Toxs~ ~siil vote to raise and appropriate the sum of
$8,000 to be expended under the direction of the Assessors for the purpose of
complying with the legislative and judicial mandate requiring the re-evaluation of aH
properties ~sithin the Toxs~.
Petition Board of Assessors
ARTICLE 27. To see if the Town svill vote to raise and appropriate the sum of
$13,000 to be expended under the direction of the School Committee for the
purpose of providing payment for twelve months of senqces ~cndered, or to be
rendered, by the Greater La~ence Mental Ilealth Center, for or in behalf of some of
the children of Ibc Toxs~, all as the Committee may determine.
Petition School Committee
dV qo ,
$10,000 to be expended under the dttecBon of the School Commdtee for the~ of it~ Personnel By-Law by adding the following definition; "Administrator'S, the
purpose of sponsoring a comprehensive drug treatment program which witi provide ~ Administrative Assistant to the Board of Selectmen, who shall serve as Administrator
the following services under the direction of the Greater Law£ence Community Drag f6r the Pctsonnci Board.
1. An educational program for parents, teachers and children under the direction
of qualified educalors and in cooperation with the Ilealth Coordinator and
Guidance Department of thc North Andover School System.
2. A Counseling Cenler which wiU offer individual and group counseling
3. A 24-hum, 7-day week hot linc lo be manned by qualified personnel in thc
Petition of School Committee
ARTICLE 29. To see if the Town will vole to raise and appropriate thc sum of
$ for the purpose of amending Schedule B included in Section 7 of ils
is to be established by negotiation procedures.
Petition Personnel Board
Petition Personnel Board
ARTICLE 37. To see if thc Town will vote to amend Section 3, PERSONNEL
BOARD, (E) to read as follows: The Board shall administer lhe plans and shall
establish such procedures as it deems necessary for the proper administration thereof,
and, subject to the approval of the Selectmen, assign to the Administrator such duties
as it deems necessary.
Petition Personnel Board
ARTICLE 38. To see if the Town will vote lo amend Section 7, Schedule C
(Police and Fire Annual Salary Schedule) of its Personnel By-Law.
Petition of the Selectmen
ARTICLE 39. To see if thc Town wUl vote to raise and appropriate thc sum of
$ lo be expended under the direction of the Selectmen for the purpose of
implementing collective bargaining agreements reached or lo be reached with Town
ARTICLE 30. To see if the Town will vote to raise and approptiale the sum of contra~luaI employees.
$ for the purpose of amending Section 8 of its Personnel By-Law (Part-time
positions classified in clerical group) by increasing thc sala,'y tales listed therein by' Petition Board of Sclecl~ncn
ARTICLE 40. To see if the Town will vote to make permanenl, the position of
Petifion Personnel Board I Town Planneri and who shall be chosen and supervised by the Planning
ARTICLE 31. To see if the Town will vote to raise and appropriate the sum of Board.
i$. __ for the purpose of amending Section 9 of its Personnel By-Law (Part-time '
positions class fled n Libiary group) by increasing the salary ~les Ihted therein by Petition Planning Board
----%- ARTICLE 41. To see if the Town will vote to raise and approptiale the sum of
$16.000 to be expended under the direction of the Planning Board for the purpose 0f
Petition Personnel Board comp~fisating the Planner.
ARTICLE 32. To see ii' the Town will vote lo raise and appsoptiale the sum of Petition Planning Board
$-- for the purpose of mending Schedule E of Section ? of its Personnel .
By-Law (ML-~'elianeous Compensation Schedule) by increasing the compensation ARTICLE 42. To see if thc Town will vole lo raise and appropriate thc sum of
listed therein by --% for thc position of Reserve Patrolmen and School Crossing $50,000 to be expended under the direction of the Board of Fire Engineers for the
Guards. purpose of purchasing a fire engine lo replace Engine 3 which is a 1950 model and is
Petition Personnel Board
ARTICLE 33. To see if the Town will vote to establish the position of Assistant
Building Inspector and to place thai position in the Personnel By-Law under Section
7, Schedule E. at the rate of $45 per day.
Petition Personnel Board
ARTICLE 34. To see if the Town will vote Io taise and appropsiate the sum of
$2,880 Io implement the position of Assistant Building Inspector.
Petition Personnel Board
ARTICLE 35. To see if the Town will vote lo raise and appropriate th~su~m of
$318.00 for the purpose of amending Section 7, Schedule A. of its Personnel By.l~iv
(Public Safety Group} b.y changing the classification of Inspector of Build,ors from
obsolete.
Petition Fire Engineers
ARTICLE 43. To see il' the Town ,.s~ll vote to raise and appropriate the sum of
$5.000 to be expended under the direction of t. be Board of Fire Engineers for thc
urchasing a new 2 1/2 inch and 112 inch hose.
Petition Fire Engineers
ARTICLE 44. To see if the Town wtil vote to raise and appropriate the sum of
;7,500 to be expended under Ibc direction of the Board of Fire Enginee~ for the
purpo~ of purchasing a replacement for the ChieFs car, which is a 19'/0 model and
no longer adequate for its required service.
Petition Fire Engineers ' .
ARTICLE 45. To see if the Town wiB vote to accept Section 16A to Section~:
16F inclusive of Chapter 83 of thc General Laws as amended, which authorize the
Board of Public Works to lien unpaid sewer charges.
Petition Board of Public Works
ARTICLE 46. To see if the Town will vote to raise and appropriate the sum of
$4,500 to be expended under the direction of the Board of Public Works for the
purpose of renexs~ng water and sewer services, placing gate valves on hydrant
branches and raising manhole f~ames and covers on streets which a~e being rebuilt.
Petition Board of Public Works
ARTICLE 47. To see if the Town will vote to ~aise and appropriate the sore of!
$17,500 to be expended under the direction of the Board of Public Works for the~
purpose of purchasing the following equipment:
one - flexible se~er rudder $ 7,500.00
one- 1 1/2 ton dump Iruck 10,000.00
one- 19'/1 I 112 ton, dump huck to be traded
Petition Board of Public Works
ARTICLE 48. To see if the Town will vote to raise and appropriate the sum of
$5,000 lo be expended under the direction of the Board of]PublicWorks for the
purpose of continuing the lake monitoring program to establish baseline date on our
water supply.
Petition Board of Public Works
ARTICLE 49. To see if the Toxvn will vote to raise and appropriate the sum of
$160,000 to be expended under the direction of the Board of Public Wot'ks for the
purpose of inslalling Ilypolon covets on the two I 1/2 million gallon reservoirs on
Sutton tlilL
Petition Board of Public Works
ARTICLE 50. To see if the Town will vote to raise and appropriate the sum of
$5,000 to be expended under the direction of the Board of Public Works for the
Petition Board of Public Works
ARTICLE 51. To see if the Town will vole lo raise and appropriate the sum of
$7,500 to be expended under the direction of the Board of P~bllc Works for the
purpose of oiling paved a~eas at the Franklin, Atkinson, Thomson and Middle School.
Petition Board of Public Wot 'Ls
ARTICLE52. Tosee ftheTox%'nwi vo e to raise and appropriate the sum of
$?,500 to be expended under the direction of the Board of Public Works for the
purpose of installing playground devices al the Bradst~et School.
' Petition Board of Public Works
ARTICLE 53. To sec if the Tosxnl xx~ll, vole to raise and appropriate the sum of
$7,500 to be expended under the direction of the Board of Public Works for the
purpoSeRoad, of resurfaciog the driveway Io the south pumping station at 420 Great Pond
~on Board of Public Works
ARTICLE 54. To sec if the Town will vote lo raise and appsopriale the sum of
$10.000 to bc expended under the directi6n of the Board of Public Worka for the
purpose of resuffacing the parking lot and providing lighting at American Legion
Beach so that night skating can be provided.
Petition Board of Public Works
ARTICLE 55. To see if the Town will vote to raise and appropriate the sum of
$105,000 lo be expended under the direction of the Board of Public Works for.the
purpose of replacing the old six inch x~ter main on South Bradford Slreel and
Winter Street with a new Iwelve inch v, aler main. '
Petition Board of Public Works
ARTICLE 56. To see if the Town will vote to ra se and appropriale the sum of
~ $750.000 to be expended under the direction of the Board of Public Works for the
purpose of extending the sewer on Pleasant Street, Matbleridge Road and Johnson
Street. a distance of 15,100 feel.
Petition Board of Public ~¥ork$
ART1CLE 57. To see if the Town will vole to raise and approprale the sum of
$95,000 to be expended under the direction of the Illghway Surveyor for the
phrpose of resur facing, oiling, repairing and mainlaining any alreeI in the Town.
Petilinn Ilighway Surveyor . ~"
ARTICLE 58 To see if the To~n will vote lo raise and appr~pri~i~ t-~e sum'of"
520,000 to be expended under the direct on of lite Iii %~
purpose of instaliln~ dm naee i .... ~.*--- - gh 'ay Surveyor for the
Pe tilion liighway Surveyor,-
ARTICLE $9. To see if the Town will vote to rais~ and appropriate the sum of
Sg,~00 lo be expended under the direction of the IBghway Surveyor for the
purpose of ins fa0ing nexT' and existing sidewalks.
Pulition Ilighway Surveyor
Petition 60. To sec if the Town wiU vote to raise and appropriate the sum of
$2,000 to be expended under the direction of the IEghwa Sun,
of making and placing street signs throughout the Town Y eyor for the purpose
Petition Iligh way Surveyor
ARTICLE 61. To see if the Town will vote to raise and appropriate the sum of
$3,000 lo be expended under the direclion of the IEghway Surveyor for the purpose
°f erecting and replacing guard rails thtonghoul the Town.
Petition Ilighway Sun'eyor
Petition Ilighway Su~cyor
ARTICLE 68. To see if the Town Will vote to amend its Zoning By-Law as
follows:
I. Seclion I amend by adding after the "Commonwealth Of Massachusetts:- az
amended by Chapter 808, Acts of 1975 and as they may be further
amended,"...
· 350,000 to be expended under the dhcctinn of the IEgbway Surveyor for the
purpose of purchasing the foll6wing equipment: one brush chipper for $10,000, one
Sand Spreader for $7,000. one 3]4 ton pick-up for $8,000, one dump truck for
525,000.
Petition IBghway Surveyor
ARTICLE 64. To see if the Town will vole lo raise and appropriate the sum of
$44,7.t9 lo be expended under the direction of the Ilighway Surveyor for Ihe
p. ur.p. ose of meeting the State*s share of Chapter 765. Acts of 1972 or any others
s~mdar statute, said amount to be reimbursed, upon receipl to be restored to
unappropriated available funds in lite Town Treasury.
Petition Ilighway Surveyor
ARTICLE 65. To see if the Town will vote to accept a 40-ft. strip of land as a
gift from Jane Wysocki, 876 Forest St., for the purpose of straightening and widening
the existing dangerous curve at this location, and to authorize the Selectmen to deed
the existing road layout to said Jane Wysocki wherever said discontinued way abulta
her properly.
(Plans ~ll be available at the Ilighway /)Cpl. Ofiicc. This will make a vast
improvement, and wi0 be apprecialed by al/using this town street.)
Petition tligb~y Su~vcym
ARTICLE 66. To see if the Town will vote to raise and appropriate thc sum of
$.__ to be expended undcr the direction of Ihe Itighway Surveyor for thc
purpose of operaling thc ItoB Road Landfill Site, in accordance with conditions
by the Department of Quality Engineering. Money 1o be used only for the operation
and expenses, exclusive of engineering and corrective up-grading of the sile, which
will be done and paid for by the Stale Bureau of Solid Waste.
Petition Ilighway Surveyor
ARTICLE 67. To see if the Town will vole lo raise and appropriate the sum of
$20,000 to be expended under the direction of the Ilighway Surveyor for thc
purpose of deveinpmcnl of new landfill sile.
,g, ranted aSanexcephonunderScctinn4 ,: ~.phra.~. -.. Special Permit
-.. a .... aha mSerhng thereof, the phra~
permit granted under the guidelines of Section 9..."
S. Seclion 2.63 Amend by striking therefrom the rds, Board of AppeMs"
(8) (al Farming of field crops and tow crops, track gardens, orchards, plant
additional acre of Itt size ~- -:- -~ ch lot, and for each
(c) On any
animals It°ti of al least leu ¢10) acres, the keeping of any number of
(d) The sale of products raised as a result of the above uses on thc
subject land.
7. Secron4.131 amend by addine:
i'
(12}(al Farming of field crops and row crops, lruck gardens, orchards, ptani '~' '~'
(b}On any Itl al least three (3) acres, the keeping ufa total of not more
than three ¢3) of any kind or assortment of animals or bitcls in
each additional acre of Itl size to nine (9} acres thc keeping of one
(c) On an)' lot of at least ten (10) acres, the keeping of any number of
animals or birds regardless of ownership and the operation of
(d) The sales of producls raised as a result of the above uses on the
subject land.
g- Section S.I (71 strike therefrom "offense, and Two Ilundred ($200.00}
dollars for' and substitule the word "and."
....................... !i str e ?eref, om "Board of
, Amendments to the Zoning By~Iaw
68 ~ ~ April 22, 1978
Section I amend by adding after the "Commonwealth of Massachus-
etts:'' as ame~de~ by Ch~ter 808, Acts of 1975 and as they may
be further amended,"....
By changing the designation of the concluding paragraph of Sec-
tion I from "9'" to ".11" and by inserting before it the followin~
new paragraph:.,.,"~, controling the use of bodzes of water, includ-.
ing'watercours~'~j~ ·
Amend Section 2. by inserting the Words: "The Planning Board
shall act as the-special Permit Granting Authority dealing with
Cluster Development, Elanned Development District and the Water-
shed District as a~tho'~ized by Section ~ of Chapter $0A."'
Section 2.62 amend by s~riking therefrom, the phrase "...Special
Permit granted as an exception under Section $..." and inserting
thereof, the phrase "...a permit granted under the guidelines
of Section 9..."
Amend by adding a new: "Section 2.6~ Special Permit Granting
Authority~ The Planning Board shall be the granting authority
of all special, permits to Cluster Development,.Pla~$ed Develop-
ment District' and the Watershed District. The Board of Select-
men shalZ be the granting authority of all special permits per-
taining to non-accessory signs as specified in Section 6.52 6f
~ this by-law. The Board o~ Appeals shall be the granting authority
of all ~ther special permits allowed in this zoning by-law.
Renumber the sections following this section accordingly.,,
6. Section 2.6~ Amend by striking therefrom the words, "Board of
Appeals" and inserting thereof, the words, "the appropriate
Special Permit Granting Authority."
7. Section $.~28 amend by adding:.
(8)(a) Farming of field crops and row crops, truck gardens, orchards,
plant nurseries, and greenhouses.
(S) On any lot of at least five (5) acres, the keeping of a total
of not more than five (5) of any ~nd 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 lo~ 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 (~0) acres, the keeping of any
number of animals or birds regardless of ownership and the
operation of equestrian riding academies, stud farms, dairy
farms, and poultry batteries. '
(d) The sale of products raised as a result of the above uses on
the subject land.
"8. Section ~.~l amend by a~ding:
(~2)(a) Farming of field crops and row crops,.truck gardens,' orchard~
plant nurseries, and greenhouses. ' t ~ '
(b) On any lot at least three (~) acres, the keeping of not mo~e';~
than three (~) of any kind or assortment of animals or
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 anim.als, birds, or pets of persons not
resident on such lot.
6c) Dn any lot o~ at least ten (IO) 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~ales"of products, raised as a result of the above uses.
on the subject.land.
Section 5.1 (7) strike therefrom "offense, and Two Hundred ($200.00)
dollars for" and substitute the word "and."
Section 6.8 (5) S{rike out the concluding thirty seven words of the
section and insert in place therof the words "...five years from
the date of endorsement of the definitive plan by the Planning Board."
Amend Section 8.1 by inserting after the final word "permitted," the
words "...by a special permit or otherwise by the North Andover Board
of Appeals. Pre-existing non-conforming structures or uses, however,
maybe extended or altered, provided that no such extension or alter-
ation shall be permitted unless there is a finding by the Board of
Appeals, that such change, extension or alteration shall not be, sub-
stantially more detrimental than the existing non-conforming use
to the neighborhood."
Amend Section 8.2 (1) by deleting in its entirety and inserting
thereof the words, "Such change shall be approved by a sPecial per-
mit or otherwise by the Board of Appeals,"
Amend Section 8.5 by inserting after the word "permitted"in the
final phrase of this section, the following conclusion: "by.a
special permit Or otherwise by the Board of Appeals acting under
G.L. Chapter 40A."
Section 9.1 Amend by adding after the second sentence thereof the
following sentence: "If the. Building Inspector is so informed in
writing and declines to act;'he shall within fourteen (14) days of
his receipt of such information gi~e to his informant, in writings'
his reasons for refraining from taking any action."
Section 9.2 Strike the concluding sections of this entireZoni~g
By-law and insert in place theresf the following:
9.2 BOARD OF APPEA~S
9.21 APPOINTMENT AND ORGANIZATION.
There shall be a Board of Appeals of five Members.and not more
than three Associates Members, which shall have and ~xercise all
the. powers'providedunde.r G.L. Chapter 40A, and which shall hear
and decide all matters specifically referred to the Board of Appeals~
by the North Andover Zoning By-law and other matters referred to.
such Board b~ statute. The Board of'Appeals Members'and Associate
Members shall be appointed by the Selectmen in the manner provided
by statute.. '
Within two (2) weeks of the b~ginning of each calendar year, the
Zoning Board of Appeals shall 'organize and elect a Chairman and
cl~rk from within its own membership. .
The length of terms of the members of the Board of ~ppeals shall
be such that the term of one member expires each year. A member
of the Board of Appeals may be removed for cause by the Board of
Selectmen only after written, charges h~ve been made and a public
hearing has been held.
Vacancies caused by dismissai, resignation, death or any other
cause, shall be filled in the same manner as Zoning Board o£
Appeals members are appointed.
9.~2 POWERS OF THE BOARD OF APPEAL'~
Th~ Board of Appeals shall have the following powers:
(~ T~o hear and decide actions and appeals as provided herein.
.(?) .. To hear .and decide applications for appropriate special
· ~ permits ~and variances which the Board of Appeals is required ·
~'~ to act upon under this By-law£~ ~
.~1. The Specmal Permit Granting A~thority shall adopt rules and
~regulations for the conduct of its business relative to the
~!i~suance of special permits. A copy of these ~les and reg-
· ~ulations shall be filed with the Town Clerk. The rules and
regulations shall contain, as a minimum~ a description of the
size, form~ oontents, style and number of copies and number of
plans and specifications to be submitted and the procedures
for submission and approval of special permits.
~The Special Permit Granting Authority may grsmt a Special
~e~mit within She framework of this By law only after holding
~ubli.c hearing w.hich must be 'held within sixty five (651
. ~ga~ys after.the app-icant files for such S ecial Permit. ' ,~ - '
~ , P The smx~-y fmve
. ~iday permg.d sha.ll be deemed to have be with the f' ·
. gun mlmng of
~.e app.~?ca~mon wmth the Specmal Permmt Grantin Aut ' ~
· ~ ' e a ' ' . g hormty_
· ~.~ pp±mcant ms responsmble f.or transmmtting a copy of the
~.~pplication for.a special permmt within twenty four (2~) hours ~
~3. pf~ the filing of the application with the Pl,nning Board or the
' ~Bo.~rd of Selectmen to the Town Clerk. 'If an application for
.~a ~pecial permit is to be .f~il_ed w_i_th,~the.Board of Appeals, the applicant
shall file the application with mae 'l'o~m clef=, who shall transmit' the ap-pli~aation
'~o the Board 'of Appeals within t~enty-four (24) hours.
9-5~ CONDITION FOR~PPROV~ OF SPECIA~ PERMIT
(~) The Special Permit Granting Authority shall not approve any
~such application for a Special.Permit unless it finds that
in its ~udgement all the following conditions are met:
(a) The specific'site is an appropriate location for such a
use, structure or condition.'
(b) The use as developed will not adversely affec% the neigh-
borhood.
(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.
(e) The Special Permit Granting Authority shall not grant any
Special Permit unless they make a specific finding that the
. use is in harmony with the general purpose and intent of
this by-law.
(2) In approving a Special Permit, the Special Permit Granting
Authority may Attach'such conditions and safeguards as are
deemed necessary to protect the neighborhood such as but not
limited to the following:
(a) R~q~irements.of front., side or rear yards greater than the
mmnmmum requmred by this by-law.
(b) Requirements of screening parking areas or other par~s of the
premises from adjoining premises or from the street, by
walls, fences, planting, or other devices as specified by the
Special Permit Granting Authority.
~ (c) Modifioation of the exterior features or,appearances of the
s~ructure.
(d) Limitation of size, number of occupants, method or time of
operation, or extent of facilities.
(e) Regulation ~f number, desigu,.and location of access drives
or other traffic features.
(5) Special permit granted under the provisions contained herein
shall be deemed to have lapsed after a two-year period from
the date on which' the special permit was granted unless sub-
~ stantial use or construction has commenced. If the applicant
can show good cause why substantial use or construction has
n.ot commenced within the two-year period, the Special Permit
Granting Authority, at its discretion may extend the special
permit for ~ additional one'year period. Included within,'
the two-year period.stated above, is the time required to pursue
or wait the determination of an appeal from the provision of
this by-law.
~($) The Sp~oial Permit Granting Authority may, within the ~idelines
for special permits contained herein, allow accessory uses
whether located on the ~same lot as the principal use or not,
wherever necessary in connection with scientific re'search,
scientific development or related production provided that the
~Special Permit Granting Authority finds that the proposed ac-
cessory use does not substantially derogate~from the public good.
.(5) Within ninety (90) days 'following ~he date of the public hearing,
· the Special P~rmit Granting~Authority shall take final action
in the matter in order to issue any special permit provided for
in this zoning by-law, there shall be at least four of the five
members ofthe granting authority toting in favor of issuing
the. special permit.
(6) A special permit granted under the provisions of this. by-law
shall not take effect until: ('a) the Town Clerk certifies on
a copy of the decision that twehty (20) days have elapsed with~
out filing of an appeal or that any appeal filed has been dis-
missed or denied. (b) The certified decision has been recorded
at the owners expense in the Essex County Registry 2f Deeds,
indexed in the grant or index under the name of the record owner,
and noted on the owners, certificate of title. (c) If the special
permit involves registered property, the decision, at the owners
~ expense, shall also be filed with the recorder of the land court.
(7) The Special Permit Granting Authority shall cause to be m~de a
detailed~record of its proceedings indicating the vbte of each
member upon each question, or if absent or failing to vote,
indicating such fact, and setting forth clearly, the reason or
reasons for its decision of its official actions, copies of all
which shall be filed within fourteen (~) days in the office of
the Town Clerk and shall be a public record. Notice of the
decision shall be mailed forthwith to the petitioner ~or applicant,
to the parties in interest designated herein, and to every person
present at the hearing who requested that notice be sent to him
and stated the address to which such notice was to be sent. Each
notice shall specify that appeals, if any,shall be made pursuan~
as to Section ~7 of Chapter ~0A and shall be filed within twenty (20)
days after the date of filing of such notice in the office of the
Town Clerk. The decision shall also contain the names and addresses
of the owner and identification of the land and/or structures
affected (if a variance procedure.- how the variance complies
with the statutory requirements for issuing~.variance). "Certi-
fied copies of the decision shall be filed with the appropriate
:~; S~ecial.Permit Granting Authority and th~ Tow~. Clerk.
~ 32 TEMPORARY PERMIT
. The Board of Appeals may grant a temporary special permit
' f5~ 'use or occupancy permi~ for a period of not more than one
year at a time, subject to a single, renewal. Such permits
shall be subject to conditions imposed by the Board related to
safeguarding the character of the district affected and shall
be processed in $~cordance with the procedures provided herein
for the granting of Special Permits..
9.~VARIANCES AND APPEALS
The Zoning Board of Appeals shall have the power upon appeal
:'~,to grant variances from the terms of this zoning by-law where
'the Board finds that owing to circumstances relatmng to soil
. ~onditions, slope, or topography of the land or structures and
~specially affecting such land or structurgs bu~ not affecting
generally the zoning district in general, a literal enforcement
of the provisions of this by-law will involve substantial hard-
ship,.~ financialor otherwise, to the petitioner or applicant,
and that ~esirable relief may be granted without substantial
detriment to the public good and without hullifying or substan-
tia. lZ~iderogating from the intent or purpose of this by-law.
~[tion~lly, an appeal may be taken ~o the Zoning Board of
~ls as provided h~rein by a person aggrieved by.reason of
'~s inability to obtamn a permit or 'enforcement actmon from the
'~uilding Inspector', by the Merrimack Valley Planning Commission,
or by any person including an officer or Board of the To~n of
North Andover, or an abutting city or town, aggrieved by any
order or decision' of the Building Inspector or other administra-
tive officials i= violation of any provisions of this by-law.
Any petition for an appeal above~ must be taken, within thirty
(~0) .days of the date of the order or decision is being appealed~
by filing a notice of appeal, specifying the grounds thereof
with the Town Clerk, who shall forthwith transmit copies of the
appeal to such officer or board, whose order or decision is being
appealed, and to the Zoning Board of Appeals. Such Officer or
Board shall forthwith transmit to the Zoning Board of Appeals .
all documents and paper'constituting the records of the.case
which the qppeal is taken.
(~) No petition for a variance or appeal shall be granted until
a public hearing is held on-the matter by the Zoning Board
of Appeals within sixty five (65) days after the Zoning
Board of Appeals receives the petition from the Town Clerk.'
(2) The Zoning Board of Appealsmust make its decision on a
petition for a variance or appeal within seventy five (75)
.days after the date of the petition is filed with the Town
Clerk. In. order to grant a petition for a vagiance oran
appeai, four of the five membWrs~of the Board must concur.
If the Zoning Board of Appeals fails to act within the time
limits specified herein, the petition for a variance of appeal
shall be deemed granted.
(a) ~n the case of a variance, the Zoning Board of Appeals may
mmpose conditions, safeguards'and limitations of time and
use, however~ these conditions cannot require continued owner-
ship of the land or structure to which the variance pertains
by the applicant, petitioner or owner. Furthermore: if the
rights ~uthorized by the variance are not exercised within
one year of the date of the grant: they shall'lapse and
may be reestablished only after notice and a new hearing.
The Zoning Board of Appeals shall cause to be made a detailed
record of. its proceedings indicating the vote of each member
upon each~uestion, or if absent or failing to vote,'indicat-
ing such fact, and setting forth clearly, the reason, or reasons,
for its decisicn:oand of its official actions, copies of all
which shall ~e filed within fourteen (l~) days in the office
of the Town Clerk°and shall be a public record. Notice of
the decision shall be mailed forthwith to the petitioner, app-
licant or appellant, to the parties in interest designated
herein, and to every person present at the hearing who requested
that notice be sent to him and stated the address to which
such notice was to be sent. Each notice shall specify that
appeals, if any, shall be made pursuant to Section ~7 of Chapter
~OA and shall be filed within twenty (20) days after the date
of filing of such notice in the office of the Town Clerk.
The decision shall also contain the names and addresses of the
owner, and identification of the land and/or structure affected
(if a'variance procedure - ~ow the varia~.ce complies ~ith the
~ statut~r~ requirements fgr ~ssuing a varianceS. Certification
that cop~es of the decis~o~ have been filed wzth the Planning
Board and Town Clerk are required.
9-5 AMENDMENTS TO ZONING BY-LAW
This by-law shall be adopted and shall be amended from time
t6 .time by a two-thirds vote at an annual or special town meeting.
Amendments. to this by-law may be initiated by submission of.the
amendment to the~Boa~.d of Selectmen by any of the fgllgw%ng: A) Board
9f'Selectmen; B):Zon~ng Board of Appeals; 0) by an ~nd~v~dual 9w~.~ ~
·ng land to be affected by the amendment, D) by request of reg~s=ere~
voters of the Town pursuant to Section ~0 Chapter 59 of the Mass.
General Laws; E) by the Pl~ning Board; F) by the Merrimack Valley
Planning Commission.
9.5~ SUBMISSION OF AMENDMENT TO PLANNING BOARD
Within fourteen (l~) days of the receipt of an application
for an amendment to this by-law, the Board of Selectmen shall
submit the proposed amendment to the Planning Board for review.
The Planning Board shall hold a public hearing on any North
Andover Town Meeting warrant, article to amend the Zoning By-law
or the zoning map and shall report its recommendations theron, if
any, to the Town Meeting.'
Each warrant article to change the zoning map shall explicitly
state the nature, extent and location of the map change proposed
and shall be accompanied by:
(~) Three blackline prints of a diagram to scale showing and stating
clearly the dimensions in~eet 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 ~a~ority of the rest of the town.
9.52 PUBLIC w~RINGS
Within sixty-five (65) days afte~ receipt.o~ a_~ropose~ amend
~ent'from the Board of Selectmen'~' or within s~x=y ~ve (65) days
after the ~eceipt of an ~pplication for a special permit; the
Planning Board or the Zoning Board of Appeals, as the case may.
~be, shall hold a public hearing, notice of which shall be pub-
~lished in a newspaper of general circulation covering the Town
once in each of two successive weeks. The first publication ~'
may Jot be less than fourteen.(l~) days before the day of the
hearing, (the.date. of the public hearing shall not be counted.
in the fourteen (l~) days).
Additionally~, notification of the public hearing shall be
posted in a conspicuous place in the N6rth Andover Town Hall
for a period of not less than fourteen (l~) days before the
date of the hearing. Further, notification of the public hear-
ing shall be sent to the.Massachusetts Department of Community
Affairs, Merrimack Valley Planning Commission, Planning Board
Of all abutting cities and towns prior to public hearing date.
.Notice of the public hearing shall include: ~) the time and
~lace of hearing, 2) the subject matter, 3) place where texts
'~and maps may be inspected.
'~ No vo~e t? adopt the proposed a~endment shall be taken~by
~he tgwn meeting until the report w~th ~recommendations b~ the
~!~lann~ng Bo~ard has been submitted to 'the Town Meeting.or'until
~en~y one '(27) days after said he.aring has elapsed w~thout sub-
~ss~on 6f sa~d reports br submissions. After such notice, hear-
~ng and report,.or after twenty oneo(2~)'days shall have lapsed
~fter such hearing, without submission of such report, the Town
~eeting (annual or specified) ~ay adopt, reject, or amend any
~bch proposed amendment. 'o
~.~5~ FAILURE TO 'ADOPT
'. If the Town Meeting fails to vote to adopt any proposed by-
i~aw amendment within six months after the hearing described
retofore, no actmon shall be taken thereon until after a sub-
~quent public hearing is held with notice and report as hereto-
f0reprovided.
~'9-55 REPETITIVE. PETITION
If s~y proposed by-lkw amendment'thereto is actednpcnun-
favorably by the Town Meeting (annual or special) it shall not
be acted upon again for a period of two years from the date of
the unfavorable action~nless the Planning Board recommended in
favor of the petition in the report.
9.56 PROCEDURAl5 DEFECTS
In.accordance witkChapter g0A no claim or invalidity of.
this by-law or any amendment to this by-law arising out of a
~possible defect~in the procedure of adoptibn or amendment shall
be made in any legal proceeding and no state, regional, county
or municipa! officer, shall refuse, deny or revoke any permit,
approval or certificate because of any'subh claim o~ invalidity
unless such claim is'~made within one hundred twenty (~20) days
after the adoption of the by-law or amendment.
Notice specifying the court, parties, invalidity claim, mud
date of filing is filed together with a copy of the petition,
with the Town Clerk within seven (7) days after commencement of
the action.
9.57' EFFECT OF SUBSEQUENT AMENDMENTS
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 effect%ve, the right to continue the use or maintenance
of any building, structure or premises which was lawful when
such amendments or change became effective shall not be impaired
by any such amendment or change, except as pr6vided by statue,
~oecifically: that construction or operations under a building
~rmit or s~ecial' permit shall conform to any subsequent amend-
ment unless the use'or construction is commenced within a period
of not less than six months after the issuance of the permit,
(the date of issuance shall be considered to be date on which
the buildin~ oermit was issued or in the case of ? specia~ p~r-
m~t, the date on which the Planning Boa=d voted final action)
and in cases involving construction, unless such construction
through completion as continuously and expeditiously as is
reasonable.
9.6 CONFLICT OF LAWS
In geieral, this By-law 'is supplementary to other North Andover
By-l~ws affecting 'the use, height, area and location of buildings
and ~tructures and the .use of premises. %~ere this By-law im-
poses a greater restriction upon the use, height, area and loca-
tion of buildings.and structures and the use of. premises than
is imposed by other By-laQs, the provisions of this B~-law shall
control.
9.9 VA~IDITY'
The invalidity of any sJction or provision of this By-law
shall not invalidate any other section or provision thereof.
9.8 REPETITIVE PETITIONS .
When ~) the Planning Board d~nies an application for a
special permit or 2) the Board of Appeals denies a petition
or a variance; no application on the same matter may be heard
and acted favorably upon for a two year Period unle$~ the foll-
owing, conditions are'*met:
In the case of ~) above,~four of't~e five members of the
Planning Board find that these ~re ,specili~ and material changes
in the conditions upon which the previous unfavorable action
was based, and describes such changes in the*r~cords of its
proceedings, and only.after a public hearing.at which-such
consent will be considered and after notice ~s gigen to parties
in interest.
In the case of 2) above,'the Zoning Board of Appeals may
not act favorably upon a petition which has been previously
denied within a two year.~eriod of time unless four of five
of the ~embers of the Zonzng Board of Appeals find that there
are specific .and material'changes in the conditions upon which
the previous unvaborable .action was based and describes such
Changes in the records.of its proceedings and only after a.
public hearing, held. by the Planning Board at which consent to
allow'the petitioner to repetition the Zoning Board of Appeals
will b6 considered and after notice is given to parties of
interest and only with four of the five members of the Planning
Board v6ting to grant consent..
9-9 WIgHDRAWALWITHOUTPREJUDICE
Any petition for a variance which has been transmitted to
the Zoning Board of Appeals or any application for a special
permit which has been transmitted to the Planning Board may
by withdrm~, without P7eJ.udice by the 'petitioner prior to the
publication of notice a public hearing thereon,'but thereafter
be withdrawnwithout prejudice only with approval (majority
vote) of the Zoning Board of Appeals or Planning Board respec-
tively.
eend?-'rsemoe??-f-?e dcfinm, c plan by thc Pianmng Board." : The Planning Board shaft adopt rules and regulations for the conduct of its herein ~n~t_.n.g. Board may, x~alhin the guidelines rot ~--~-~:-~-~-~--- . --,
oecilOfl o.i ;)trlKe OBI the cone ud ng six words of the ...... a - - business velar ve lo the ssoance of sru'clal '~rmils A c .... r ,,...~ -.,---- J - -, re,ow accessory uses Whether Ioca,-.~ -' - - °~'"" ]n:rmtts contained:
sPlruc urcs orfu~ ~o~s~ a Spe?al Perm?. Pre-exnhng non-conforming _~?_.u. la. hons sha!l, be filed, w~t.h .the T.o..v, nt .Clerk. The rules and regulations shall scien tic d:velo,,~ee~tr _n. ece.~ry, m connection with scientific tPensenaC~cPhal'
such ex~en~,,,, ~:' E~"-~'''r' .m.a.y. ~ cxt.enncu or aBered, provided that no con.~aln, a.s a ml. mmu~m:a oescrtphon, at I.ne s~ze, form, co. ntents, slyle and number of Boa~d finds t.~*t~-~''--' ut re.latecl production provided thai '~-~ .~,~o~.~0, ~
............ a,,craoon sba, ue perm,tied unless there isa finding by the copies ann numoer al plans and specifications lo be submflted and the procedures for ...... i, roposeo accessory use does not Substantially. ~e i
neighborhood."
13. Section 8.2 (I) Strike out the words "approved by the Board of Appeals" and
insert in place tbeteof the word~ "allowed only by thc issuance of a Special
Permit."
14. Section 8.3 Strike thc words 'othmwise... Ch. 40A" and insert in lace
thereof the words "by Special PcrmB." P
15 Section 9.!, Amend by adding after the second sentence thereof the fo
· . . . . . IIow'ng
sentence, ff the Buddmg Inspector ts so reformed tn writing and declines to
act. he shall within fourteen (14) days of his receipt of such information give
to his informant, in wsiting, his reasons for tefra/sing from taking any
16. Section 9.11 Strike therefrom the words 'delian of the North Andovcr Board
of Appeals" and insert '
Special Permit." tn place thereof the words "a duly granted variance or
17.Section 9.2 Strike the concluding sections of this entire Zoning By-law and
insert in place thereof thc following:
9.2 BOARD OF APPEALS
9.21.4ppointment and Organization.
There shall be a Board of Appeals of five Members and sol more than three
Associates Members, which shall have and exercise all the powers provided under
iGh. eL. Chapter 40A, and which shall hear and decide al/matters specifically referred to
Board of Appeals by the North Ardover Zoning By-law and other matters
referred lo such Board by sialule. The Board of Appeals Members and Associate
Members shall be appointed by the Selectmen in the manner provided by statute.
Within two (2} weeks of the beginning of each calendar year, the Zoning Board of
Appeals shall organize and elecl a Chairman and clerk from within its own
membership.
The length of terms of the members of the Board of Appeals shall be such that
the term of one member expires each year. A member of the Board of Appeals may
be removed for cause by the Board of Seleclmen only after written charges have been
made and a public hearing has been held.
Vacancies caused by dismissal, resignation, death or any other cause, shall be
fdled in the same manner as Zoning Board of Appeals members are appointed.
9.22 Basis for.4ppealt
An appeal to the Board of Appeals may be lakes by any person aggrieved by
reason of his inability fo obtain a permit from the Building Inspeclor, or by any
officer or board of the Town of North Andover, or by any person aggrieved by an~,
order or decision of the Building Inspector or other administrative official in []
violation of any provision of the By-laws-
· Such appeal shall be taken within thirty days, as provided by Section 16 of []
Chaplet 40A of the General Laws. ;.,
9.23 Poo~rs o/t/re Board of ,4 ppeal$
The Board of Appeals shall have the foBowing powers:
(l} To heat and decide actions and appeals as provided herein.
(2) To heat and decide applications for variances which the Board of Appeals
is required to act upon under this By-law. ~- -
The Planning Board may grant a Special PetmB within Ihe framework of this
By-taw only after holding a public hearing which must be held within alxly five (65)
days after the appBcanl files for such Special Permit. The 65 day period shall be
deemed to have begun wfih the filing of the application with the Planning Board. The
applicant is responsible for fiansmilting a copy of the applicalion for a special permit
within twenty four (24~ hours of the filing of the application with the Planning
Board to the Town Clerk.
9.31 CONDITION FOR APPROVAL OF SPECIAL PERMIT
(I) The Planning Board shall not approve any such application for a Special
Permit unless it finds that in its judgement all the following conditions are
met:
(al The specific site is an appropsiale location for such a use, structure or
condition.
(bi The use as developed will not adversely affect the neighborhood. ~
(c) There will be no nuisance or serious hazard 1o vehicles or pedestrians.
(d} Adequalc and appropsiale facilitles wiB be provided for the proper.
operation of the proposed use.
(el The Planning Board shall not grant any Special Permit unless they
make a specific finding that the use is in harmony with the general
purpose and intent of this by-law.
(2) In approving a Special Permit, the Planning Board may attach such conditions '
and safeguards as are deemed necessary ~o protect the neighborhood, such as
but not limited to the following:
(al Requizemenls of front, side or rear yards greater than the minimum
required by this by-law.
{bi Requirements of screening parking areas or other pa~ts of the
premises from adjoining premises or from the street, by waUs, fences,
planting, or other devices as specified by the Planning Board.
(c) Modification of the exterior features or appearances of the structure.
(d) Limitation of size, number of occupants; method or time of
operation, or extent of facilities.
(e) Regulation of number, design, and location of access drives or other
traffic features.
(3) Special permit granted under the provisions contained herein shall be deemed
to have lapsed after a two-year period from the date on which the special
penplt was granted unless substantial use or construction has commenced. If
tbe'appBcant can show good cause v/by substantial use or construction bas
provided for in this zoning by-law, there shall be at least four of the Fn'e
members of the board voting in favor of issuiz~ the special permit.
(6) - -
A specnal permit granted under the provisions of this by-law shall not
effect until: (a) the Town Clerk certifies on a copy of the decision that
twenty (20) days have elapsed without filing of an a al or t
filed has been dismissed or de-;*-~ ,~, ~ Ppe hat any appeal
recoided at the *wn,, ~-. -:-~. zu~ ~ne certified decision h
~ -...pense tn the Essex County Regastry o~a~)~be~dsn'
indexed in the granl or index tinder th6 ~aZ~ofiheY~-o~
on the owners certificate of title. {c) If the special permit involves rngis{etell
properly, the decision, at the oxi~ners expense, shall also be f'dad with the
recorder of the land court.
(7) lite Planning Board shall cause to be made a detailed record of its
proceedings indicating the vote of each member upon each question, or if
absent or failing to vote, indicating such fact, and selling forth clearly, the
reason or reasons for its decision of ils official actions, copies of all which
shall be filed within fourteen (14) days in the office of the Town Clerk and
shall be a public record. No ce of the decision shall be mailed forthg'ith to
the pe Binner or applicant, to the parties in interest designated herein, and to
ecery person present at the heating who requested thai notice be sent to him
and stated the address to which Such nolice was to be sent. Each notice shall
specify that appeals, if an),, shall be made pursuant as lo Section 17 of
Chapter 40.A an.d shall be Fded within twenty (20) days after the dale of filin~
of such notice tn the office of the Tm~ Clerk. The decision shall also contain
the names and addresses of the owner ahd identification of the land and/or
structures affected (if a ' .
the statutory requizement~sstance procedure - how the variance complies xsith
for issuing a variance). Certification that copies of
the decision hm,e been filed with she Plannirm Board and Tog~ Clerk are
required.
9.32 TEMPORARY PERMIT
The Planning Board may grant a temporary use or occupancy permit for a pegiod
of not more than one year at a time, subject to a single renewal. Such permits shall be
ubjecl l0 conditions imposed by the Board related to safeguarding the character of
the district affected and -
shall be granted m accordance with the procedures provided
herein for the ~anling of Special Permits.
discretion may extend the special permit for an additional one year period.
pi~t~ue or wait the determinafion of an appeal from the provision of this
by-law.
9.4 VARIANCES AND APPEAE~ ' ? -- ':;~"'~'~'~';'~'~-:::--~'~-~ ~ ~MENDMENTS TO ZONI~ nv ...~'~' ~'~~ ...... '
.. ~e Zo~ Board of Ap~ll have the power anon an--~ to ........ ' .... { ~ .__~s.by-lmw shall ~ adop'ie~-a'j~ti ~ ~end - ~
.om the te~s of th~ .zo~ by-law where the ~--ar~ '~'? .... " .... · {. ,w~mlrum vote at an annual or ~c a to~m~ ----.' e~ from time to t~e by a '
u,.e zom~ restrict m gene~l a IBer~ enrollment of the .... ; ..... ~ ~--7.,~ -~,,mua~ owm~ ~and lo ~ affected by the ame-a--:-.°~. ~' ~v~a,s; ~l oy an{ 9 55 pn~eT ..... ~=:~-~-~=~:: ~:=~:~=~:=
~1 involve substanfial hardship, financial or othe~wi~r'~:-'~'~:'' ~' ~'~ uy-saw L yolars of the Town pursuant to Sectio- In ~..,~"~ ~/~ request of registered { ' ~r ~'~,~- - . '
appH=nt, ~d that de~ble relict may ~ orant~d ~.~.~_~o, ,~,~m~oner or ~ ~ ~e Planning Board; F) by the Mer~:~:~,'~s:~n~a~'.G?eral ~; E} ~ 2 ..... m,en protest ts submm~d to the To~ Oetk, signed by o~ers of
~':~::":c~a~u~mm°utnum~yl~°r~bstanllallyderngati~fromtheintantot 951~u~--:* ........ ' ; or of the area of lheland immod;.,., ...... r~p~d,to_ mciudedm~chcha~e,
. ~d?hon~ly, an ap~al may ~ taken to the Zoning Board of A-~al ....... :~*~ .~:- ~ · o~rteen (141 days of the receipt of an a--li~l{-- r .... ~ ~ ~cndment of the ~ s~,.,.~ ~,~ - _the reasons for such protest, no ~eh
heres uy a ~non a~ie~d by reason of his inabil t- +* -L~[~ '''r'~7-"~° ~,,~ ?-~w Ine Board of Selectmen ~1 subst ~,'...~::]~-ana~ennmenilo ~ theTow . -' ....... a" ~au°Pleaexcepl bya thr~ualters (3/4} vole of
enforcement action from the Building Inspector, by the Merrimack Valley Planning
Commission, or by any person including an officer or Board of Ihe Town of North
Andovar, or an abutting cily of town, aggrieved by any order or decision of the
Budding Inspector or other administrative officials in violation of any provisions of
this by-law.
Any pelition for an appeal above, must be taken within thBly (30) days of the
date of the order or decision is being appealed, by f'ding a notice of appeal, specifying
the grounds thereof with the Town Clerk, who shall folthwith transmit copies of the
appeal to such officer or board, whose order or decision is being appealed, and lo the
Zoning Board of Appeals. Such officer or Board shall forthwith transtar to the
Zoning Board of Appeals all documents and paper constituting the records of the
case in which the appeal is taken.
(1) No petition for a variance or appeal shall be granted until a public hearing is,
held on Ibc mailer by thc Zoning Board of Appeals wilhin sixty five (65) :
days after the Zoning Board of Appeals receives the petition from the Town
Clerk. '
(2) The Zoning Board of Appeals must make its decision on a pelirion for a
variance °r appeal within seventy five (75) days after the date of the petition ~:-~
is Filed with the Town Clerk. In order to grant a petition for a variance or an
appeal, four of lhe five members of the Board must concur. If the Zoning
Board of Appeals fails to act within the time limits specified herein, the
I~ iii/on for a variance or appeal shall be deemed granted.
(a) In the case of a variance, the Zoning Board of Appeals may impose
conditions, safeguards and limitations of time and use, however, these
conditions cannot require continued ownership of the land or
structure to which the variance peltains by the applicant, petitioner
or o~nar. Furthermore, if the rights authorized by the variance are
apt exercised within one year of the date of the grant, they shall lapse
and may be reestablished only after notice and a new hearing.
(3) The Zoning Board of Appeals shall cause to be made a detailed record of its
proceedings indicating the vote of each member upon each question, or if
absent or fading to vote, indicating such fact, and Selting forth clearly, the
reason, or reasons, for its decision and of its official aclions, copies of all
~hich shall b~ Fried within foulteen (14) days in the office of the Town Clerk
and shall be a public record. Notice of the decision shall be mailed
forthwith lo the petitioner, applicant or appellant, to the parties in interest
designaled herein, and lo every pe~on present at the hearing who requested
that notice be sent to him and stated the the address to which such notice
was to be sent. Each notice shall specify that appeals, if any, shall be made
pursuant to Section 17 of Chapter 40A and shall be filed within twanty (20}
days after the date of filing of such notice in the office of the Town Clerk.
The decision shall also contain the names and addresses of the owner, and
9.56 REPETITIVE PETITION
The Planning Board shall hold a public hearing on any North Andover Town; If an}, proposed by-law amendment thereto s acted upon unfavorably bi' the
Meeting 'a'arrant article to amend the Zoning By-law or the zoning map and shall Town Mceline (annual or special) it shall not be acted upon again for a period df two
report its recommendations thereon, if any. to the Town Meeting.
years from the date or the unfavorable action unless the Planning Board
Each X~rrant article Ia change the zoning map shall explicidy state the nature, recommended in favor of the pelition in the reporL
, extent and location of the map change proposed and shall be accompanied by:
(I) Three blackline prints of a diagram lo scale showing and stating clearly the ~ 9.57 PROCEDURAL DEFECYS
dimensions in feet of the land area proposed Ia be cha ed a . [ In accordance with Chapter 40A no claim or invalidity of this by-law or any
(2} Also a sketch or other explicit identification of the ,o~ations to°fZs°unc; ,and in ~ amendment lo this by-law arising out ora possible defec, n the procedure of
relation lo the majority of the rest of the Io~. , adoption or amendment shall be made n an), legal proceeding and no state, neginnal.
9.52 PUBLIC IIEARINGS , county or municipal officer, shall refuse, den), or revoke any permit, approval or
celtB~cale because of any such claim of im~lidBy unless such claim is made within
Within sixty.five (65) days after receipl of a proposed amendment from the °nehundredlwenty(120)daysafler theadoplionoftheby_lawotamcndmcnL
Board of Selectmen; or within sixty-five (65) days after the receipl of a petBinn or
~appticasion for an appeal or a variance; or within sixI five - i Notice s ecif in the ' ' ' ' ' cl '
· er an application for a s~eci ~ermit- ,h ~, - y (65} daysafter the recet t , · . p Y g cour!,.partms, m~alldlty arm, and date '
:Appeals, as the case may' h~ al.~_~;..,--.: :.e rla.n, mng Board or the Zonin~ Board apr Ingethar xl~th a copy of the petition, with the Town Clerk,. a,h;...._o_f,~m~g.
ipoblished in a new-,~'~,; ~.~.,__~.au ,no!o a, .public hearing, notice of which shall l~ commencement of the actinn, s ......... ~.~ uays alter
be fo/e- thL°g; ZT, Z; ~a~rt~Is',.P~b~aBo_n may oat be Yess than'~:ju'~;~n'}'l~gega~°'s 9-s~. £E.FECr OF SUBSeQUenT AMENDX ENTS
. . a,,c~ suusequenl lo lhe date thss by-law becomes effectimqe, the right lo
AddBionally, nolificatinn of the public hearing shall be posted ~n a consp{cuod~" continue the use or maintenance of any building, structure or premises which was
'r -- ''' 'a ~.ange. except as provided by statute, specifically: that
days before rile date of the hearing. Further, nolification of the public hearing shall
be Sent to the Massachusells Department of Community Affairs. Merrimack Valley
Planning Commission, Planning Board of all abulling cries and lawns prior to public
hearing date. Notice of die public hearing shall include: {) the lime and place of
hearing, 2) tile subject mallet, 3} place where texts and maps may be inspected.
9.53 REPORT BY PLANNING BOARD
No vote lo adopt the proposed amendment shall be laken by the lawn meeting
until the report with recommendations by the Planning Board has been submitled to
the Town Meeting or until tll~eary one 121) days after said hearing has elapsed
without submission of said reports or submissions. After such nosiee, hearing and
repot/, or after Iwenly one (21) days shall have }apsed after such hearing, without
submission of such repotl, the Town Meeting (annual or specified1 may adopt, reject,
or amend an)' such proposed amendmenL
9.54 FAILURE TO ADOPT
If the Town Meeting fails to vole lo adopt an)' proposed by-law amendment
construction et operations under a building permil or special permit shall conform lo
period of not less than six months after the issuance of the perm I, (the date of
issuance shall be considered to be da e on wh ch the budding permit was issued or in
the case of a special permil, lhe dale on which the Planning Board voted final actinn~
and in cases invoh-ing construction, unless such construction is continued throngl!
9.6 CONFLICT OE LAWS
In general, this By-law is supplementary Io other North Andover By-la~
affecting the use, height, area and Iocalinn of buildings and sltuclutes and the use of
premises. Wherd this By-law imposes a greater restriction upon the use, he'~lght, area
and Iocatinh of buildings and structures and the use of premise~ than is imposed by
other By-lass% the provisions of this By-law shall conlio{.
[ xvithin six months after the hearing described heretofore no action shall be taken
thereon until after a subsequenl publ c heating is held w h notice and report as
identification of the land and]or structure affected {if a variance procedure.- . ! heretofore provided
how the variance complies with the $talutory reouiremen s for ' '~, .~'---'
nance). Cert~fieaBon thai copies of the decision have been filed with the .....
Planning Board and Town Clerk are requited.
Hi: q0C
AMENDMENTS TO THE Z0i~"ING BY-LAW ~-=RIL 22, 1978
ARTICLE 70.
.,A. Amend Gections 2.68, 2.69 amd 2.70 as so renumbered by addin~'(setbAcks)~fter
the phrases defined thereby.
!9' Section 4.130 (6).change to read as follows: "Public service corporation and
energy or resource recovery facility."
Section 6.1 (2) amend by striking therefrom the phrase "otherwise by the Board
of Appeals" and inserting in place thereof the phrase "otherwise by the provi-
sions of a variance granted by the Board of Appeals."
'D- Section 6.4 strike from the-last sentence the words '~ermission of" and insert
in place thereof the words "a variance granted by."
other ~clion or provision thereof. ' ~: ~ ..... : ' -
5{ 9.8REPETITI~PETITIONS [ 6. Strike therefrom Section 4.123 (14) and senum~ th~ foU~{~ ~ii~;
~9~. ~en ' . . accordln~y.
1) the Planning Board demes an appl cation for a special ~zmit et 2) the ~ 7. Secrion 4.125 (I 5) strike therefrom the words 'and Iownh0U~s".
Board of Ap~als denies a ~rilion or a variant; no applicalion on the ~me mallet / 8 .Section 4 130 (6) chart e to ~ead as follo~ "
~y ~ heard and soled favorab y upon for a two "ear ---:-~ ...... / ' . ' . g ~: Public building or u~, public
' / 9. Amend Table I (fniloxving Sec. 4) by slriking thezeft0m the zefeten~ to
In the ~ °f I) a~ve, four of the five mem~ts of the Planning Board find that [ Tox~ou~s and the listed re ulafions relatin
· e~ are ~enfic and mate~al changes in the conditions uoon which Ih~ m~;~. [ I~ geellnn R ' '~ ~ ~ ~ ..... g thetelo.
unfavorable acrion ~s ba~d, and de~s ~ch chan~s ;- +~-~:~-5~'-~:s [ ---~L~-:;--~:~ ~. ~en~. oy s~rm~ng tnerelzom the phrase "olhet~vi~ by the
pt~edm~, and only after a public hea~n~ at wm~ .,:L~-~-:~,~ ~ts f oua~o.o~ms ann'n~xtt~mpla~thereofthephzase"othenvi~bythe
' ' ' - . Iron 6.1 amend by adding:
ii
In the ease of 2) above, the Zoning Board of Appeals may not act favorably upon
a petition which has been previously denied within a two year period of rime
unless four of five of the members of the Zoning Boa{d of Appeals find that there
are specific and material changes in the conditions upon which the previous
unvaborabte action was based and describes such changes in the records of ils
proceedings and only after a public hearing, held by the Planning Board at which
consent to allow the petitioner to repetition the Zoning Boa~d of Appeals ~11 be
considered and after notice is given to parries of interest and only with four of
the five members of the Planning Board voting to grant consent.
-9.9 WITHDRAWAL WITIIOUT PREJUDICE
Any petition for a variance which has been transmiUed lo the Zoning Board of
Appeals or any application for a special permit which has been transmitted lo the
Planning Board may be whhdrag~, wfihout prejudice by the petitioner prior to the
publication of notice of a public hearing thereon, but thereafter be withdrawn
withoul prejudice only with approval (majorily vote) of the Zoning Board of Appeals
or Planning Board respectively.
Pelirion of the Planning Board
(3) At least fifty (50) percent of continuous land of every lot laid out for
use shall be buildable laud iv{th soils dry enough to permit installation
and use of faeilifies for disposal of sanitary wastes and all structures
and buildings. In computing the buildable area of any lot, no pa~l of a
private or pubBe way and no pond or river shall be included. Wetlands
and lands with over hvenW (20) percent in slope shall be considered
unbuildable. To faeililate determinalion of sufficient bnildable land,
the Planning Board may require an indieafion on plans of the g~neral
location on the lot of the proposed structures and buildings.
(4) tn order to comply with the minimum square foot requirement, a lot
must be a plot of land being a definite area and a closed perim'gter.
Larger lots are acceptable provided the site intended for a building is
contained within a portion of the 1et which meets the zoning
requirements of the area and perimeter. AU lots or portions of lois as
defined in this paragraph must have a shape number of less t~an
twenty-two (22). Shape number is defined as the number resuliing
from the division of the square of the perimeter by the area of the ~ot.
(5) The ~dth of a Io1 shall be considered to be the distance belween the
straight lines connecting front and rear lot lines, at each side of the
lot, and measured acro~ the lot al the required set back line. The
width shall equal the street frontage minimum of the zone.
ARTICLE 71. To see if the Town ~ilt ~ote io-a-me~d tis ~0~g B~-Law by
addi~ the follo~ving new ~ction:
4.133 WATERSHED DISTRI~ (1) ~ose
pre~n'e and maintain the filtration and purification function of the land, ~e
(2) Pentdtted
(a} tequi~ng filling or ex~vati~; tecrealion u~s includi~ s~vi~,?~
(b) 1. Farming of field crops and tow crops,
orchards, plant nur~fies, and gr~nhou~s.
2. On any Ioi of at least three (3) acres, the k~pi~ ora
more than thre~ (3} of any kind or assorlment of annals or
in addition to the hou~hold ~ls ora f~Uy living on ~ch lot,
and for each addirion~ acre of lot
3. On any lot of at least ten (10) ae~g thc k~ping of any numar
of animals or birds re~dle~ of og~ershfp and thc operation of
po~ baUefie~
ARTICLE 69. To see if the Town will vote to accept the provisions of Chaplet
808 of the Acts of 1975.
Petition of the Planning Board
ARTICLE 70. To see if the Town will vote lo amend its Zoning By-law as
follows:
I. Section 2.43 amend by striking in its entirety and inserting thereof the
following: LOT -
An area of land available for us~ as the site of one or more buildings in
one ownership with definite boundaries or as othenvise defined by metes
and bounds and as provided for in Ihe Zoning By-law.
2. Shike therefrom Secfion 2.66 and renumber the following sections
accordingly.
3. Amend Sections 2.67, 2.68 and 2.69, as so renumbered, by adding
(selback) after the phrases defined thereby.
4. Section 4.121 (5) amend as follows: "Real eslate signs as regulated by Atlicte
tX of the General By-la~s of the Town.*'
5. Section 4~122 (5) and Section 4.123 (5) to read the mine as Section 4.121
(5).
12. Section 6.2 Add at the end of the first sentence thereof, the phrase "subject
to the provision ofseclion 6.1 (5)". 4. The sale 0f¥/odulcs raised as a result of
13. Section 6.4 strike from the lam sentence Ihe xxords penn ss on et~ and nsert ~ subject land. --~ the above uses on the
in place thereof the words "a variance granted by." .
14. Table 2 (follo~ving section 6): A) strike the first sentence of Footnote 5: B)
strike Footnote 6 and renumber the remaining Footnotes accordingly; C) ' :
strike from the first sentence of the former Foolnote ? Ihe words "or
townhouse complexes"; D) strike fiom the former Foolnote 7 pa{agraph (b)
thereof and renumber the remaining Foolnotes accordingly; E) strike from
the final item appearing in the colunm in said Table having to do with the
Residence $ Districl the reference to Townhouses.
15.Section 7.1 amend by deleting the Restaurant minimum spares required of
"One space for each three seals" and inserting thereof "One space for each
. t~y0 seats." · ,.
Petition of the Planning Board
b. . .- i ~-~ ~ ~roperty from the hazards of flood water inundation and ~:~sis which may result
from unsuitable development in swamps, ponds, bogs or marshes along watercourses
- . . _ .. ] and to cotuetve the environmenl, wefiands vegetarion, wildlife and open spaces for
the education and general welfare of the public. The Wetland Districts are shown on
:] the map entitled "Wellands Districis of North Andover" and as shm~"n on the Zoning
~ Map for reference only. These maps are hereby made a part of this by-law and are on
........ ' '~' ......... .............. ; ~e in the office of the Town Clerk.
All development within the watershed zone shall be made according:
to the provisions of Residential- I zoning.
(d) AH other $1~ecial uses such as public bullding~ and uses; nursing and
convalescent homes; shall be permitted only under the Special Permit
granting authnrity. Before granting a special permit, the granting
authority shall refer all proposed projects to the Board of Public
Works, the Board of tlealth and the Conselvatinn Commission. These
Boards shall make a writien recommendation of the project in the
granting authority v, lthin 35 days. Prohibited Use~'
Prohibited Uses
1. Dumping of trash, rubbish, garbage, wood, stumps, peal, junk or
other ,vasle materials shall be prohibited.
2. Filling, dumping, excavating removal or transfer of gravel, sand,
loam or other material in the x~tershed shall require an
environmental impact study.
(3) Dimension and No Build Requirements
a) Boundaries of the Watersbed District are designated specifically on
the certified North Andover Watersbed Map, 1978 and are shown on
the Zoning Map for reference only. These maps are hereby made a
part of this by-law and are on file in the office of the Town C/erk.
b} The portion of any lot within the Wate~hed District may be used
meet the area and lot requirements for the district in which the
remainder of the lot is situated.
c) A no-cut buffer zone shall exist one hundred fifty feet
horizontally from annual mean high ,~ter mark of Lake
Cochiehewick and twenty-five (25) feet horizontally from the 100
year flood elevations of all tributaries in the V,~lerthed.
d) No construction shall occur two hundred fifty feet {250) horizontally
from the annual mean high water mark of Lake Cochichewick and
one hundred feet (100) horizontally from the 100 year flood
elevations of all tribularies.
Table I shall be amended in include a ~ummary of use regulations xs~thin the
Watershed District Zone.
The Zoning Map of North Andover shall be amended to include the boundaries of
the Watershed District for reference purposes only and the change from R-2 and
to R-I zoning within the Watershed.
Petition of thc Planning Board
ARTICLE 72. To ~e if the Town will vote to amend its Zoning By-law by adding
the follo~ng new section:
4.13 WETLAND DISTRICT
The Wetland Oi?~_'c~ts a~ intend_ed~_l0 _p~ve. protecl and maintain the ground
( I ) Permitted Uses
The follmving uses are permitted providing such uses do not affect the natural
flow pattern of any ~tercourse.
(a) Recreation facilities such as play areas, nature study, boating, l-~hing
and hunting unless prohibited by othe. r ordinances, laws or by-laws.
(b) Wildlife management areas, temporary small non-residential $1ructures
of less than one hundred (100) square feet of floor area and creation
of ponds with a tolal ,valet ~urface area of less than reply thousand
(40,000) ~quare feel.
(e} Removal of silt and other debris which might interfere with the
natural flow of ~tercourses are permitted according lo the
regulations of the Conservation Commission.
id) 1. Farming of fields crops and row crops, truck gardens, forestry,
orchards, plant nurseries and greenhouses.
2. On any lot of at least three {3) acres, the keeping a tolal of not
more than three (3) kind or assollment of animals or bhd$ in
addition Io the household pels 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; bul not the keeping of any animals,
birds or pets of persons not resident of such lot.
3. 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.
4. The sale of products raised as a result of the above uses on the
subject land.
(e) All other special u~es such as public buildings and uses shall bo
permitted only under the Special Permit granting aulhorily. Befme
granting a special permfi, all proposed projects shall be referred to the
Conservation Commission. This Commission shall make a x~Titten
recommendation of the project to the granting authority within 35
day~.
(2) Prohibited Uses
(a) No new building, paving, fences, vehicles, or structure thall be
constructed and no existing building or structures shall be altered or
enlarged.
(b) No dumping, filling or ralocafion of earth materials shall be
permitted, nor shall the storage of salt, petroleum products, chemicals
or similar substances be permitted, in any pond, lake, marsh, swamp
or other existing body of water or existing area.
(O The f'dling, excavating or development of any land within 100 feet of
the banks of rivers, streams, ponds or lake requiting an amount of
earthwork equivalent to .500 cubic yards or more or ,,'hen the area to
be nlleted or developed exceeds 10.000 sq. feet, shall only be
conducted according to the regulations of the Conservation
Commission.
The portion of any lot within the Wedand District may be used to meet the area
and lot requirements for the district in which the remainder of the lot is situated.
Table I shall be amended to include a summary of use regulations ,vithin the
Wetlands District area.
The Zoning Map of North Aodover shall be amended in include the boundaries of
the Wetland District for reference purposes only.
Petition of the Planning Board
ARTICLE 73. To see if the Town ,,511 vote to amend ts Zoning
to Section 4, the following new section:
Sectlon 4.135 CLUSTER DEVELOPMENT
(I) Purpose
Cluster developmenl perm'is a voluntary single-family subdivision alternative
So encourage development patterns Ihal preserve open spaces ~thout
increasing average density specilled for that residential district. A cluster
development subdivision resulls when the houses on a given tract of land are
erected on lots of reduced area and frontage, in order that the balance of the
tract remain as permanent open space. Cluster development shall be approved
by the Special Permit granting authority of the Planning Board.
(2) Den~ty ~nd Dinwnsionel ReqMrement$
{a) Tile minimum area shall be at least t~nty five (25) contiguous acres
in single ownersMp.
{b) 'l'fie maximum number of lots which can be develope:l on a tract of
land under cluster development shall be determined as follo~: All
unusable land (wetlands, land which slopes at a pitch orgreater than
hventy (20) percent, ulilily easements and streets or rig~t~-of-way)
shall be subtracted from the total acreage of the tract of land to
determine the developable acreage. 'File developable acreage is dlvidexi
by the minimum lot acreage for the residential Zone to obtain the
number of lots which can be located on the tract of land.
(c) Eve~ lot shall contain no less than one half the area for the zone in
which the tract is located.
(d) Every lot shall have a minimum frontage of one hundred (100) fe~t
on a public or private way. All front and ~ear setbacks shall haw a
minimum of thirty (30) feet and all side setbacks thafi be a minimum
of fifteen (15) feel
(e) Every lei shall be approved by the Board of Health prior to approval
by the Planning Board.
(O The common land must be shown on the ciuste~ development plans
and shall consist of at least thirty (30} percent of the total tract area.
At least twemy-five (25) percent of the common land must be usable
land without ,,~eriands or steep slopes, and shall not include any
parking facilities, utility easements, required setback buildings or
(3) COMMON LAND REQD1REMENTS
{a) The common land must be left in its natural state except for changes
consistent with scenic, recreation or landscaping puqaoses of the
development.
(b) All usable land shall be readi/y accessible and available lo all the
{c) The common land shall be conveyed to the Town and accepted for
the principal purpose which is the consetvarion of open space; or be
the subdivision and shall pass with conveyance of the lots. This
resident$'s corporation or trust shall obligate all deed holders to
participate and support the maintenance of the common land by
paying assessments to this corporation or trust. This organization shall
officers to the Town Clerk on January I of each year. In the case of a
sing/e owner, the maintenance of the common land shall require the
maintenance. This requirement shall insure the permanence and
Table I shall be amended to include a summary of use regulations ~Sthin the
Clust er Developmeni Zone.
Pelitinn of the Planning Board
ARTICLE 74. To see if the Town wiil vote to amend its Zoning By-Law by
ladding to Section 4, the following new section:
Section 4.136 Planned Dereloptnent District
fit Purpose
Planned Development permits a mixture of housing types, communiry
facilties and commercial establishments at densities somewhal greater
than would normally be allowed to maximize the saving of open spaces
and to improve the Bvabtiity and aesthetic qualities of the environment
and the Town. Planned development districls shall be approved by the
Special Pesmit Granting authority of the Planning Board.
(2) Permitted Uses
(a) residential- cluster development
(b) community facililies - religious and educational institutions,
charitable or philanthropic institutions, public utilities, pubBc
services, xecreation a~cas, open space, hiking and tiding t mil~.
(c) Business - uses the same as permited in B-2 or B-3 zoning districts.
(d) Common land.
(3) Densfty and Dimensional Requirements
(a) The minimum area shall be at least one hundred (100) coptiguous
acres in single ownership.
(b) The maximum number of lots which can be developed on a tract
of land under phnned development shall be determined as
follows: all unusable land (wetlands, lands which slopes at a pitch
of greater than twenty (20) percent, utility easements and streets
or tights of way) shall be subtracted from the total acreage of the
tract to determine the developable acreage. The developable
acreage i~ divided by the minimum lot size acreage for the
residential zone to obtain the number of lots which can be located
on the tract of land.
(c) Mix of land uses: A maximum of twenty-five (25) percent of the
total number of lots shall be devoted to business uses; a maximum
of 80 percent of the total number of lots shall be devoted to
residential uses; a maximum of twenty-five (25) percent of the
total numbez of lots shah be devoted to religious, educational,
charitable or philanthropic institutions. A minimum of thirty (30)
percent of the entire tract of land shall be common land.
· (d) Common land: At least twenty-five (25) percent of the common
land shall be usable land without wetlands or steep slopes, and
shall not include any parking facilities, utility easements, required
setbacks of buildings or accessory structures except for recreation
(e) Every lot shall have a minimum frontage of one hundred (100)
feet on a public or private way. All fronl and rear selbacks shall
have a minimum of thirty (30} feet and all side selhacks shall be a
:;;~ minimum of fifteen (IS)feel.
(0 Every lot shall be approved by the Board of Health prior to
approval by the Planning Board.
(g) Every lot shall contain at least twelve thousand five hundred
- (12,500) square feet.
(4) Common Land Requirements
(a) The common [and must be left in its natural state except for
changes consistent with the scenic, recreation or landscaping
purposes of the development.
(b) All common land shall be readily accessible and available lo all the
occupants of the subdivision.
{c) Tbe common land shail be eithet convcycd lo the Town and accepled
for park or open space use; or be conveyed to a non-profit
organization, the principal purpose of which is the conservation of
open space; or bo conveyed to a corporation or trust to be owned
by the residents of the subdivision and shall pass with the
conveyance of the lots. This resident's corporation or trust shall
obligate all deed holders to parlicipata and suppor! the
maintenance of the common land by paying assessments to'this
corporation or trust. This organization shall also file an annual
report including the names and addresses of officers to the Town
Clerk on January I of each year. In the case cfa single owner, the
maintenance of the common land shall require the posting of an
This requirement shall insure the permanence and maintenance of
the common land.
(5) Site Plan Requirements
(a) An application for a special permit for a planned development
shall be accompanied by a site plan depicting the land to be
affected. This plan shall conform to .the cmrent "Rules and
Regulations Governing the Subdivision of Land, Town of North
Andover, Massachusetts" and the following:
1.The plan shall indicate reasonable periods for the phasing
and completion of Ibc development.
2. The plan shall include an architectural plan indicating the
type of such buildings, typical building cievalinns and other
information which might illustrate the height, bulk,
appearance and number of units.
3.A general circulation plan shall be required indicating the
and pedestrians xvithin the developmenl.
4. lhe plan shall indicate areas proposed to be dedicated or
resets, ed for public se~ices, parks and open space, schools,
public buildings and the u~able open space.
$. The plan shall be accompanied by a table indicating the
total for each permilled use and each accessory use such as
6. The plan shall also be accompanied by the environmental
impacl statement as required by the Conservation
Commission.
7. Off-streel parking shall be provided in accordance with
Section 7.1 of this Zoning By-taw.
Table i ~bell be amended 1o include a summary of use regulations within the
Petition of the Planning Board ' '
ARTICLE 75. To see if the Town gqll vote, under the provisions C**neral Law~,
Chapters 93 and 40A, to amend the North Andover Zoning By-law bl~ adding therelo
the folin~ng "Signs and Outdoor Lighting Regulations" as Sectinn-6 and
re-numbering the remainder of the Zoning By-Law accordingly:
Section 6. $ign~ and Outdoor Lighting Regnl~tions
6.1 AUTHORITY & INTERPRETATION
This by-law is adopted as a general by-law pursuanl to Chapter 93, Sections
29-33 inclusive, as amended, and a zoning by-law pursuant to Chapter 40A, as
amended, of the General Laws of the Commonwealth of Massachusetts. This by-law
is hereby declared to be remedial and protective, and is to be so construed and
interpreted as to secure the beneficial inlerests and purposes defined in Section 6.2 of
this by-hw.
6.2 PURPOSES
6.21 The regulation and restriction of signs within the To~ of North
Andover in order to protect and enhance the visual environment of the
Iown for purposes of safe ly, convenience, information and welfare of its
residents.
6.22 The restricting of signs and lights which overload the public's capacity to
receive information, which violate privacy, or which increase the
probability of accidents by distracting attention or obstrocting vi~on.
6.23 To encourage signage and lighting which aid communication,
orientation, identify acti~Sties, express local histor~ and character, serve
educationa} purposes for the public good.
6.24 The reduction of visual and informational conflict among private signs
and lighting and between the private and public information systems.
6.31
ACCESSORY SIGN: A sign that edvertises activities, goods, products or
a specific use, owner 6r tenant, available within the building or on the
property on which' thc sign is located, or advertises the property as a --- 6.4 ADMINISTRATION ~ND ENFORCEMENT
whole or any part thereof for sale or rent.
6.32 BUILDING FRONTAGE: Tbelenglhinfcelofthegroundfioorlevelof
a building front or side facing a street (or facing a right-of g~y accessible
fro.m a street) that is occupied by an individual business.
6.33 DIRECTIONAL SIGN: A non-accessory sign conlaining no advertising
and giving dircclinn to community (non-commmcial) activities,
buildings, areas, such as churches, schools, playgrounds, museums,
historical sites, public buildings, etc.
6.34 DISPLAYWlNDOWSIGNS:Tcmpotarysignsonthesurfaceoforinside
display ~indows, lighted only by the general building illumination.
6.35 ERECT: Shall mean and include to construcl, place, relocate, enlarge,
alter, attach, suspend and post.
6.36 FLAGPOLE: A pole erected on a roof, or projecting from a building or
6.37 FREESTANDING SIGN: Shall mean and include any sign not allached
to a building or the ground.
6.38 GROUND SIGN: Any sign erected on the ground which is
self-supported and anchored to the ground.
6.39 ILLUMINATED SIGN: Illuminated sign shall mean any sign illuminated
by electricily, gas or other artificial light including reflective or
phospherescent light and shall include location of source of Bluminalion.
6.310MARQUEE: Any sheltering structure of permanent construction
projecting from and totally supported by the wall and/or seer of a
building.
6.311 NON-ACCESSORY SIGN: Any sign that is not an accessory sign.
6.312 PER?*IANENT SIGN: Any sign permitted to be erected and maintained
for more than sixty (60) days. '
6.313 PRIMARY SIGN: The principal accessory sign which may be a wadi,
roof or ground sign, as alinwed in Section 6.6.
6.314 PROJECTING SIGN: Any sign which is attached or suspended from a
building or other structure and any part of which projects more than*
twelve ( 12} inches from the wall surface of Ihal portion of the building ~
6.315 ROOF SIGN: Any sign creeled, constsucted and maintained wholly
upon, connected to, or over thc roof or parapet of any building with the
entire support on thc roof or roof structure.
6.316SECONDARY SIGN: Is a g'adl, roof or ground sign intended for the
same use as a primary sign but of smaller dimensions and lettering, as
allowed in Section 6.6.
6.317 SIGN: A sign is any structure, mechanically or electrically driven, still or
moving device, light, letter, figure, word, model, banner, pennant, trade
flag, or representation that is designed to be seen from outside the lot on
which it is erected. It advertises activities, goods, places, persons,
products, services or facilities available either on the property wbere the
sign appears or in some other location. The definition includes electric
signs in windows or doors, but does not include window displays of
merchandise. A sign may be permanent or temporary.
6.41 Ettforcemettt. The Building Inspector is hereby designated as the Sign
Officer and is hereby charged with the enforcement of this By-law.
(a) The Sign Officer and his duy authorized agents shall, at
reasonable t mes and upon presentation of of credentials, have the
power lo enter upon the premises on whleh any sign is erected or
madnlained in order to inspecl said sign.
(bi The Sign Officer is further authorized, upon notice as herein
provided, to order the repair or removal of any sign which in his
judgement is a prohibiled non-accessmy sign, et is likely 1o
become dangerous, un~afe or in disrepair, or which is erected or
maintained contrary to this By-law. The Sign Officer shall serve a
wriflen notice and order upon the owner of record of the
premises where the sign is located and any advertiser, tenant or
other person known to him having control of or a substantial
interest in said sign, directing thc repair or removal of the sign
within a time nol lo exceed thirty (30} days after g vine of such
noBce. If such notice and order is not obeyed within such period
of time, the Sign Officer and his duly authorized agents shall, at
reasonable times and upon presentation of credentials, have the
power to enler upon the premises on which said sign is erected or
maintained and repair or remove, os cause Io be repaired or
removed, said sign. Ail expenses incurred by the Sign Officer and
his duly authorized agents in repairing or removing any sign shall
be assessable against any person Who failed to obey said notice
and order and shadl be recoverable in any court of competent
jurisdiction if not paid within thirty (30) days after writlen notice
of assessment is given by the Sign Officer to any such person.
6.42 Permits
(al No permanent sign shall be creeled, altered or enlarged until an
application on the appropriate form furnished by the Sign Officer
has been filed with the Sign Officer containing such information,
including photographs, plans and scale drawings, as he may
require, and a permit for such erection, adleratinn or enlargement
has been issued by him. Such permit shall be issued only if the
Sign Officer delermines thai the sign complies or g~il comply with
all applicable provisions of this By-Law.
6.43 Rep°rtstoOutdoor,4th'erti~ingBoardmtdtitePubl~c.
(al On or before ?*lay lsl in each year, the Sign Officer shall prepare
and certify a list of all non-accessory signs within the Tog'n which
do not conform to the requirements of this By-Law. Such list
shall specify for each such sign the permil number, if any, the
owner of record of the premises where the sign is located and any
advertiser, tenant or other person known to him having control of
or a substantial interest in said sign, and a description of the
reasons for such nonconformance, including a citation to the
beginning on May I in each )'ear, in the office of the Town Clet~k.
(bi The Sign Officer shall keep records of all actions taken pursuant
to lhis By-Law. He shall make an annual report to the Town
listing all such actions and a ri~,; ~'pparen t violations of this By-Law.
6.4~ A'o.-confor. tanceofAccessoo, Sign~
Accessory signs legally erected before the adoption of this By-Law
which do not conform to the provisions of this By*Law may continue to
be maintained, provided, hog'ever, that no such sign shall be permitted if
it is, after the adoption of this By-Law, enlarged, reworded (other than
in the case of theater or cinema signs or signs with automaticaB¥
changing messages}, redesigned or altered in any g~y including
repadnting in a different color, except to conform to the requirements of
this By-Law; and provided further that any such sign which has
deteriorated to such an extent that the cost of restoration would exceed
Ihirly-fiee percent of the replacement cost of the sign at the time of the
restoration shall not be tepadred or rebuill or altered except to conform
lo the requisements of Ibis By-Law. Any exemption shall terminate xs~th
respect to any sign which:
(al Shall have been abandoned;
(b) adl:rtises or calls attention lo any products, businesses or
acilvBies which are no longer sold or carried on, whether
generadly or at the particular premises; or
(c) shall not have been repaired or properly maintained within
thirty (30) days after notice to that effect has been given
by the Sign Officer.
6.5 ALLO~3,~D SIGNS
6.51 Residence Disttlcts: ,dccessor~, Sigtt$
(al One sign displaying the street number and/or name of the
occupant of the premises not exceeding one square foot in
area. Such sign may include identification of an accessory
professional office or other accessory uses permitted in a
residence districl.
(bi One unlighted, lemporary "For Sade" or "For Rent" sign
nol exceeding six square feel in area and adverfising only
the premises on which it is located; to be removed 14 days
aries sale, rental or lease.
(c} One unlighted contractor's sign, not exceeding 12 square
feet in area, maintained on the premises while constractinn
is i.n process and containing information relevant to the
pi'elect. Such sign Shall be removed promptly after
completion of the construction;
(d) One unlighted idcntiflcatinn sign at each public entrance to
a subdivision not exceeding 12 square feel in area; to be
removed when thc subdivision is completed.
(e) One identification sign at each public entrance to a
multi-family development not exceeding 12 square feet in
One bulletin or announcement board, identification sign or
entrance marker for each public entrance Io the premises
upon which a church, synagogue or institution is located,
not exceeding ten square feet in area, provided thai there
shall be no more than three such signs for each building.
6.318 SIGN SIZE (area): The surface area of any sign is the entire area within applicable provisions of this By*Law. A copy of s~ch list shah be
a single continuous perimeter enclosing the extreme limits of lettering, delivered or mailed by thai date to the Ouldoor Advertising Board
represeniallons, emblems, or other figures, logether v.~th any materialor ' and shall be posted for a period of al least three months,
color forming an integrad past of the display or used to differentiate the
sign from the background against which it is placed. Stmcturad members
bearing no sign copy shall not be included.
6.319 WALL SIGN: Any sign affixed to, suspended from or painted on a wall,
window, marquee or parapet. L
~)
One sign for a non-residential use that is a permitted use or
a use alinwed by special permit. The sign may be no mom
than one-half the area that g'ould be allowed if the sign
g'ere in a business or industrial district.
(b)
- ~l (c)
6.52 Re~idence Districtr' lVon.accessory Sign$
(a) Dh~ctional Signs by special permit from the Board of Selectmen,
limited as follows:
i. Two signs for each activity, not exceeding 6" x 30" in size.
2. Ground signs not exceeding 8 feet in height.
6.53 Bu~inesx andIndustriaIDistricts: Accessory Signs
(a) All signs permitted in residence districts as provided in Sections
6.51 and 6.52.
(bi Each owner, lessee or tenant shall be allowed a primary and a
secondary sign. Said signs may be u~ed as ground, wall or roof
s~gns. No lot shall be allowed to have more than one ground sign
structure. .
(c) Traffic control, orientational and guidance signs located on
private property, up to 4 square feet in areas displayed for
purposes of dlteetion or convenience, including signs identifying
parking, Fue lanes, rest rooms, freight entrances and the like.
(d) Building directories (if located outside) may be affixed to the
exterior wall of a building at each public entrance. Such directory
shall not exceed an area determined on the basis of one square
foot for each eslablishment occupying the building.
(e} One unlighted real estate sign of up to 12 square feet pertaining to
the sale, rental or lea~e of the premises; to be removed within 14
days of sale, rental pt lease.
(fl Gasoline filling stations and garages may divide the allowed wal
sign area into separate, smaller wall signs indicaling separate
operations pt departments. The allowed ground sign area may be
divided between one ground sign and one flee-standing sign.
(g) Display window signs covering no more than 20 percent 6f the
display window area.
6.6 SIGN REGULATIONS
6.61 Illumination No sign shall be illuminated between the hours of 12
midnight and 6:00 a.m. unless, in the case of an accessory sign, the
premises on which it is located are open for business. Signs may be
illuminated by the following means without causing hazardous
conditions for motorists or offending pedestrians or neighboring
premises:
(a) By a steady stationary light of reasonable intensity shielded and
directed solely at the sign;
(bi By an internal light of reasonable intensity; or
(c) By neon or gas-filled tubes.
6.62 OutdoorLightbtg
Ail temporary or permanent outdoor lights such as those used for area
lighting, building floodlighting or sign lighting shall be steady,
stationary, shielded sources directed so that the light source is not
dircclly visible to any point beyond the lot lines of tho premises.
6.63 LetterSize
(a) Primary signs:
I. Wall or roof sign: I/2 inch of letter height alinwed per foot
of building frontage wilh maximum of 7 feet. 18 inch
height allowed if building frontage is less than 36 feet.
2. Ground sign: 18 inch maximum letter height allowed.
Secondary sign~: 8 inch maximum letter height allowed.
·ogos: Twice letter height allowed but limited to 7 fool
maximum height.
(a)Primary wall and roof signs attached to or pats of the
architectural design of a building shall not exceed, in total area,
_ more than ten percent (10~) of the area of the two dimensional
elevation of the building as delermined by the building fronlage
multiplied by the height.
th)A primary ground sign shall be limited lo one square foot for each '
five linear feel of street frontage of the lot on which the sign is
~ located. All street frontages may be used in determining sign size.
(c) A secondary sign shall ] mi ed to one-half the area permitte(
for a primary sign.
(d) Only one side of a double-faced sign shall be included in
calculating surface area, providing thai the two display surfaces
are joined at an angle no greater than 45 degrees. All sides of
multi-faced signs, visible from any one point, shall be included in
the calculation of surface area.
6.65 ,qign I/eight and I. ocation
(a} Corner lots. The owner of the premises shall be allowed to Choose
the street orientation of alinwed signs.
(bi No wall or roof sign shall extend more than four feet above the
lowest point of the roof of the building with which il is
associated.
(c}No wall or roof sign shall overhang the public g~y more than 12
(d) Ground signs shall be set back a minimum of ten (10) feet from
all property lines and a minimum of forty (40) feet from all
residential districts or structures and shall be limited in height to
90 feel above grade.
6.7 PROIIIBITIONS
6.71 /q° sign shall c°ntain any moving, flashing or animated Bghts, or visible
moving pi moveable parts, except such portions of a sign as consist
solely ofindicators of time and/or temperature or which have historical
significance.
6.72 N° sign shall be erected, dlsplayed or maintained:
(a) Upon any rock, tree, fence or utility pole;
(bi If it con rains any obscene, indecent or immoral matter;
(c) Unless all parts and attachments and the ground aboul the base
thereof are kept in neat and safe condition.
6.73 No sign shall be permitted or aBowed to be so located as to 0bsl~Uct a
6.74 No sign shall obstruct any means ofegrees from a building.
6.75 N°algnshalldetractfromtheeffecilvenessofatraffiesignal.
6.76 No political sign shall be mainlained or erected in the Town.
6.77 Projecting signs are prohibited.
6.78 Non-accessory signs are prohibited except for directional signs as
allowed in Section 6.52.
6.8 $EVERABILITY
The invalidity of any section or provision of this By-Law shall not invalidaie
any other section or provision hereof.
Petition of the Sign By-Law Committee
ARTICLE 76. To see if the Town will vote to amend the General B~-Laws of
the Town by striking therefrom, Article IX entitled "Signs and Outdoor Lighting
Regulations."
Petition of the Sign By-Law Committee
ARTICLE 77. To see if the Town will vote to amend its Zoning By-Law by
adding the following new section:
Section 10: DESIGN REVIEW BOARD
10.1 Purpose
A Design Review Board shall be eslablisbed to review all plans, designs,
subdivisions, etc. which might in any way affect the aesthetic~ of North Andover.
This board shall set ils primary emphasis on the architeclure of buddings or
structures proposed to insure a harmony with the Town's environment. They shall
also review subdivisions xvith regard to prolecling Such aesthetic amenitfes as stone
xsalis and large trees.
I 0.~ E~!abli~hment andMembersIdp
for one (I) year. Members may be removed for cause by the Selectmen following
- - - term of one {1)
in reviewing all applications and plans for special permits and in reviewing such other
the Board of ~ppeals by the Planning Board. The Design Review Board may request
consullants. Decisions of the Design Review Board shall be by simple majority and no
I
Petition of the Planning Board
ARTICLE 78. To see if the Town will vote t~ a
~changmg the Zor~ M . . mend Its Zoning By Laws by
' Beginning at a point northwesterly by Savdle Slreel one hundred sevenly six
land 3g/100 (176.38) feet; then running noltheastedy by lot six (6) on said plan one
I hundred fifty two and 8110 (152.8) feet; southeasterly by land now or formerly of
]Calvin C. Rea sixty four and 421100 (64.42) feet, and southerly in a broken tine b
/ .~,,d ..o~..O?orm. er!y of ila.y W. C~ark ~wo h.ndred ei~tecn ~nd Ill012IS It f~,Y
~modified a~'d a~wn b,y.Er.nesl..W. Brahe.h, Sun'eyor, dated August 20, 1913 as
~ .. t,proveu oy_tne c~o..u.t_t:~_filed m the Land Regist~atinn Office, a copy of
Route 114, which consists of 67.2~r~s~-
ARTICLE 81. To see if the Town wfil vote 1o amend ils Zoning By-Law by
adding thereto the foHov,-ing section:
Section 6.8 (4) Frontage exception for large lots: Notwithstanding any other
provision of this By-Law a lot need not have the s cified amou
I provided that the area of the lot is three times ~thpc-~ minimum ~ {°ufiSrte~ee! fronlage
q for such a
distsict; the lot has a minimum continuous street frontage of at least 50 feet and a
width of not less than 50 feet at any point between the street and [he site of the
~tuilding; there is not more than one other such tot with frontage contiguous to it and
is not in the opinion of the Planning Board, so located as to block Ihe ['utu~e
possible extension of an existing or proposed street. No such lot on which a building
i~ located shall be hereinafter subdivided, reduced in area or changed in size or shape. ]
Petifion of George IL Fan
ARTICLE S2. To see ir the Town ,,qil Yore to ~L-~ ];~ k'~n]n~
chaunt lhe zon~g map of Ihe Town of North Andover 1o include ~he ~ar~l of la~
~heremafier de,rind ~ ~e Bu~ness I Dis{~icl; Be~nnin~ al a ~o nt on the
~ Easterly side of ~Icke~ng Road at land now or fo~etly o-f Sch~endc[an'~ ~a'~ke-~
by an izon pi~; thence running Southeasterly by land of ~id Schmendet one
~hundred eighW-four and 75/100 feel ~o an iron pipe: then~ turning and mnn~g
angle of 1~ 12 and runmng Norlhwes/edy one hundred (100) feet to an i~on pipe
and Il10 (129 1) fee[ by ~id Chickering Road 1o lhe poinl of ~ innln Co
"Plan of ~nd in No~lh Andovet ~tass. as su~eyed Julr 1942 for Chaste: Melamed"
Mor~ DJcken~n & Good,yin Engin~rs, and recorde~ in Nmlh Es~x Regisi~ of
~ ~eds as Plan ~1400.
Petition of George H. Schmcnder,
ARTICLE 83. To ~ if the Town will yom to amend its Zoning By-~w by
cha~ing Ibe Zoning Map of Ibe Town 1o include ~he pardi of land hcrcin~ter
~mr of the subjec~ premises al a point six hundred ~venly e~t feet (678) feel
Str~L then~ ironing at an angle of 90 degrees and running nor~easledy
~vtn/y-nine and 4/10 (79.4) fee~ by land now m formerly of Cad Eric ~get
~me~ of Lots 221 and 220 on a plan of land hereinaflct menlioned: thcn~ lurni~
~d running northeasterly ~ong ~id Lo~ 221 nineW five and 9~/100 (95.~6) feel ~o .
Turnpike Sl~eel ~hme hundred Iwenty six and 7/100 (326.7) ~o Ihe point of~
~ginning.
. Being ~l A and B on a plan of land ~ Cad E~c ~gcr da~ed Octo~r 1924
~a recorded m North E~x Registry of Deeds as Plan No. 576 and ~id boundaries
No. 3263B, d~x~ by Ernest W. Branch, Su~eyor, da~ed August 20, 1913, as
modified and approved by the Coral and filed in ~e ~nd Registration Offi~ a
copy of which is filed ~lh Tifie Cettificale No. 385; Book 3 Page 513.
Petition of Paul M. Abeam and others
ARTICLE 84. To ~ -
see tf t~e Town will vote to amend its GeneraJ By-Lawn,y-
adding the following new section to Article IV:
Section 12E. GENERAL BY-LAW FOR WETLAND & WATERSHED PROTECTION
~dollats (S25.00) payable to the Town ~r ~-.~li-she-d by a Ud.mg fee of Twenty-five ~
~oa~dnat n~t tth?BS~an~ ot~n~;alb/~.cert,fied mail to the Board of Pubhc Works, Planning :
c applicant, not leSS than five days prior to such hearing by publication in a
ne~papet of general circulation in North Andover, and by delivering o! mailing a
notice thereof to the applicant to the Board of Ilealth Board of Public W~rks and
the Planning Board, to abutters of the and {as deters ned by the most recent
assessors' records} on which the proposed activity is to take place and to such other
persons as the Conservation Commission may determine. The Conservation
Commission, the Planning Board, their agents, officers and employees may enter
upon privalely owned land s~ithout liabdity of any kind for the purpose of
performing the duties under this By-Law.
Section 4.1: The applicant shall have the burden of proving by a
preponderance of the credible evidence that the work proposed by him in his
notice of intention will riel cause significant harm to the interest sought to be
protected by this By-Law. Failure to provide to the Conservation Commission
adequate evidence for it to determine that the proposed work does not cause
significant harm to the interesl sought to be protected by this By-Law sba be
sufficient cause for the Conservation Commission to deny such permit oc to '
grant such permit with such conditions as it deems reasonably necessary or
desirable lo carry out lite purposes of this By-Law or to postpone or continue
the hearing to another date certain to enable the applicant and others to
present additional evidence, upon such terms and conditions as seems to the
Commission to be just.
Section 4.2: If, after said hearing, the Conservation Commission determines
that the land on %vhich the proposed work is to be done is significanl to public i
or private water supply, to the ground' water damage prevcdiioo, lo the
prevention of pollution, to the protection of surrounding land and ethel'
homes, or buildings, to the protection of streams, ponds, or other bodies'of i
water, and to the protection of Lake Cochlchewlck, shall, by ~s~rittan eiders, '
~thout 21 days or such further time as the Commission and the applicant ~
shall agree on, impose such conditions as are reasonably necessary for the
protection of the interests described herein and all work shall be done in .
accordance therewith. The conditions may include, but not limited to, a
condition that certain land or portions thereof nol be built upon or altered,
fiBed or dredged, that streams and wetlands riel be diverted, dammed or
olherwise disturbed.
presentation under this By-Law at lite same public hearing required to be held
General Laws.
Section 5: This By-Law shall not apply to any emergency project as defined in
General Laws, Chapter 131, Section 40', to an), mosquito control project authorized
by any law of the Commonweabh or to any work performed for normal
of application.
Secti-~n 8: Th~'~o~a ]~n~mm-: .... ~ _ _ ~ ~ ~ .... ~.7 '~' '~Si~ifi~i" ~11 ~ that- ~dar~ Jo ~ U~d by' ~e C0n~ati~n
,,,,m~ on may pron ul~l~jl~t ~6e~otl~ aha Commi~inn in determinJ~ what condition, if any, ~ey d~m ~
public he~ing Rules and Regulations lo effec uate the pmpo~s of ~is By-~w. to ptotecl the publicintc~st under th~ By-~w. ~e s~ndard ~at ~aH
However, failure by the Corem ~inn ~o promulgate such rules ~d re~lations or a ~ considered lo establi~ s~ifi~n~ in order lo protect the ~Jd public
legal declaration of their invalidity by a court of law shall not act to suspend or
invalidate the effect of this By-Law.
SeclJoo 9: 'The folinwing definitions shall apply in the interpretation and
implemenlafioo of this By-Law:
9.1 The term "applicant" as used in this By-Law shall mean a person giving
9.2 notice ofinien fion to build, remove, fill, dredge or alter.
The lets "person" as used in this By-Law shall include any individual,
group of individuals, associations, Partnerships, corporations, business
organizations, trust, estate, Commonwealth of Massachusetts when
subject 1o town By-Laws, any public or quasi-public corporation or
body when subject to lo~aa By-Laws or any other legal entity, including
the Town of North Andover or its legal representatives, agent or assigns.
9.3 The terms "marsh", "fresh~ler ~tland", s~mp , ~ct meadow', ,
bog , as used In this By-Law shall be defined as defined in General
LawsChapter 131 Sec inn 40'
9.4 The w°rd "alter" shati be defined as including but not limiled to one or
more of the folin%%~ng actions Upon areas described in the act.
(a) The removal, excavation or dredging of soil, sand, gravel, or
(b) aggregate material ofany kind;
the changing of pre-existing drainage characteristics,
characteristics, saBnily distribulinn, flushing
sedimenlation patterns, flose
patterns, and flood slorage relention areas;
(c) the drainage et disturbance of the water level or mm~tet lable, the
dumping, discharging, of filling ~th any material which could
(d) degrade the mm~ter quathy;
the driving of piling, erection of buildings or slructures of any
kind;
(e) the p/acing of obstruclinns whether of not they interfere wilh
flow of Water; the
(f) the destruction of plant life, including the culling of trees, which
might result in environmental damage Io the land or a part thereof
rendered by this Ry-Law;
(g) the changing of tvaler lemperalute, biochemical oxygen demand
and other natural charactetlsfics of the receiving wateG
(h) any acfivilies, changes or work which pollutes any stream or body
of water.
9.5 "Banks" shall be defined as land adjoining any body of water which
9.6 serves to confine said water.
"Bordering'~ shall be defined including any land within either of the ~
following:
(a) 100 feet horizonlally from Ihe bank of any beach, marsh,
interest shall include one or more of the foBowlng factors:
(a) Any aclual or potential coolalmination to public, pfivale, or
ground walet supply including aquifers or recharge areas,
including the biological life necessary to support either a
(b) Any reduction of lite flood storage capacity of a fresh-~ter
(c} Any alteration of a river, slream, or creek Ihal results in any
flooding.
(d) Any actions which shall remove, fill, dredge or alter any area
subjecl 1o the By-Law, and will result in any threat to the health,
welfare and safety of the individual or the eommunily..
(e) An area consisting of '%'ei~,~ pobfiy drained soB" as described by
the National Cooperative Soils Sun'ey of the U.S. Department of
Agriculture, Soil Conservation Service.
(O An area which would be flooded as a result of a IO0-year storm as
lhat storm is defined in the U.S. Department of Commerce
Technical Paper No. ~0 or has been designated in a town by-law as
part ora 100-year flood plain.
(g) An area which is des~nated a wetland or Hood plain on a
restrletive map approved by the Conservation Commission.
(h} An area which is within 200 feet horizonraBy from the annual
mean high xsater elevation of Lake Cochiehe~viek, or 150 feet
Lake Coehichex~ck.
9.8 The Conservation Commission may in its Rules and Regulations provide
such other definitions, or terms used in this By-Law, as it deems useful
in order 1o carol out its obligations under this By-Law.
Section I0: The Conservation Commission ma)', as part of its order of
eooditions, require in addition lo any security requited by an2,' other town or state
conditions imposed hereunder be secured by one, or in part by one and in part by the
other of the methods described in the folinwing clauses {I) and (2):
( I } By a proper bond or deposit of money or negotiable securities, sufficient
in the opinion of the Conservation Commission to secure performance
of the conditions and observance of the safeguards of such order of
conditions.
Section 6: Any person who purchases, inherits or other%vise acquires teal estate i i meadow or swamp bordering
upon which work has been done in v o at/on of th~ provisions of fids By-Law or in or wetland, on a creek, river, stream, pond, lake
violation of any order issued under this By-Law shall forthwith comp y with any such i (b) 100 feel horizontally from the water elevation of the'lists year
order to restore such land to its cond lion prior to any such violation, provided, storm or whichever is the greater distance of (a) or (b).
however, Ihal no action, civil ot criminal, shall be brought against such person unless i : (c) in the surface watershed of Lake Cochicben,kk "100
such action is commenced within three years folinwing the recording of the deed or il honzonlally measurantent referred the feel
she date of the death by which sueh real eslale .,%as aequised by such person. . - lo in (a) and (b} will be
Section 7: The Board of Seleclraen shall upon request of the Conservation ~-~ 7'~'7~ mcreased lo 300 feet."
CommL~on, ins ruer Town Counsel lo take such legal action as may be necessary to ' ~ ' ' ' '~ ~ -'~
restrain a violation of this By-Law, and enforce the orders of the Conservation 1
Commission hereunder, and the Town Counsel shall forthwith comply {vith such
instructions.
(2) By a covenant, executed and duly recorded by the owner of record,
running a~lh the land, whereby the conditions and safeguards included
in such order of conditions shall be performed before any lot may be
conveyed other than by mortgage deed.
Section I!: Whoever violates any provisinn of this By-lawshallbepunished
by a fine of not more than $50 ea. Each da), or portion thereof of continuing
violation shall constitute a separate offense. This By-Law may be enforced by any
Town Police Office! or other officer having police powers.
Seclion 12: The validily of any section or provision of this By-Law shall not
invalidale any olher section or provision shereof, nor shall it invalidate any order of
conditions which have previously become final.
*Chapter 131, Section 40 (as amended)
Petition of Vincent Turano and others
ARTICLE 85. To see if the Town ~ill vole to raise and appropriale the sum of
$10,500 Io be expended under the direction of the Board of Public Works for the
purpose of extending the 12" water main on Salem St. from the present terminus
$00 feet toward the Missile Site Road.
Petition Mary LachapeHe and others
ARTICLE 86. To see if the Town will vote to raise and appropriate the sum of
$4,500 to be expended under the diteclion of the Board of Public Wozks for the
purpose of extending the sewer main on Sandra Lane 200 feet toward Lisa Lane.
Petition James J. Cunningham, Jr., and others
ARTICLE 87. To see if the Town gill vote to raise and appropriate the sum of
$93,000 to be expended under the direction of the Board of Public Works for the
purpose of installing a force main and a S00,000 gallon per day sewage pumping
station on Turnpike Street from the present terminus at Hillside Road 3,000 feet
toward Willow Street, and further that the Town authorize the Board of Public
Works to accept ten percent (I0~} of the construction cost up to a maximum of ten
thousand dollars {$I0,000) from the Wglows, Inc. (Mr. Robert P. Regan, President).
Petition Vincent Grasso and others
ARTICLE 88. To see if the Town will vote lo accept Oakes Drive as a Town
Sharing Funds (Fiscal Assistance lo State and Local Government) as follows:
1. Fire Department Salaries ($150,000)
ARTICLE 90. To sec if the Town will vote to authorize and direct the
Selectmen to take such action a~ may be necea.sarp to uae ~uch funds a~ may be
available from the Anfi-Receszion Fund (under Title H of the Public Works
Employment Act of 1976) for the purpose of reducing the salary budget request of
the Fire Engineers, and in the event of their successful action in this area, to reduce
the subject salary budget request by the amount of such available funds,
Petition Board of Selectmen
ARTICLE 91. To see if thc Town ~ill vote to raise and appropriate thc sum of
$50,000 to the Reserve Fund, as provided by Section 6 of Chapter 40 of the G~neral
Petition Board of Selectmen
ARTICLE 92. To see if the Town will vote to take the sum oft from
available funds for the purpose of reducing the tax rate.
Petition Board of Selectmen and Assessors
And you are directed to xe~ve this Warrant by posting true and attested copies
thereof at the Town Office Building and at five or more public places in each voting
precinct of thc Town. Said copies to be posted not more than seven days before the
thn~ of said meeting.
Hereof, fail not, and make due return of this Warrant with your doings thereon
to the Town Clerk at the time and place of said meeting.
Given under our hands at North Andover, Massachusetts, the twentieth day of
Match in the year of our Lord one thousand nine hundred and seventy eight.
JOHN F. COADY
TIIOMAS J. McEVOY
JOSEPH A. GUTItRIE
CtlARLES A. SALISBURY
A'i'TE S T-~'~ - -'F':~-C~ ~-~'. .....
North Andover, Mass.
April 10, 1978
,4 t~te cop),: A'Fi'EST:
DANIEL LONG.. Town Clerk.
OF~'±CER, S RETUP3;
Ihave notified and warned ~he~habitants
of the ~own of North Andover who a~e
qualified %o vote in ~YOwn Affairs by Posting
true and attest~n~ copies of this warran~
%t %he Town Office Building and at five
or more public places in each
precint of the town. Said Copies no~
aving been posted no~ less than seven
days before the ~ime of sa~d meeting.
-' Nor~h~
April 11, 1978
240