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Home My WebLink About1984 ZONING BY-LAW NORTH ANDOVER I I i I I I I I I I I i ! I I I i I t40R .fLED COCHICHEWICK TIED ZONING BY LAW TI~ ZO~IING BY LAW TOWlW OF NORTH /tNDOVEI:t, Iq~SS&CHUSETTS 1972 Reprinted 1984 PL~d~IXt~G BOARD Section Section Section Section Section Section Section ! 2 3 3.1 3.2 3.3 4 4.1 4.2 4.3 Table 5 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 6 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 7 7.1 7.2 7.3 -1- PURPOSES DEFINITIONS ZONING DISTRICTS AND BOUNDARIES Establishment of Districts ZoningMap District Boundaries BUILDINGS AND USES PERMITTED District Use Regulations Accessory Uses Access to Buildings Summaryof USe Regulations EARTH MATERIALS REMOVAL General Definitions Page 15 Appl}cation for Earth Removal Permit Permxts for Earth. Removal Earth Removal Incxdental to Development and ConstructiOn Miscellaneous Removal of Earth Incidental t° ImprOvements Operatio? Standards ' Restoration .Standards Security Requirement , _ SIGNS AND OUTDOOR LIGHTING REGULATIONS 52 Authority and Interpretation Purposes Definitions Administration and Enforcement Allowed s~gns Sign Regulations Prohibitions Severability DIMENSIONAL REQUIREMENTS Lot Areas Street Frontage Yards (setbacks) -2- 7.4 7.5 7.6 7.7 7.8 Heights Lot Coverage Floor Area Ratio Dwelling Unit Density Exceptions Section Section Section Section Section Table 2 8 8.1 8.2 9 9.1 9.2 9.3 9.4 10 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 11 11.1 11.2 11.3 11.4 11.5 !1.6 11.? 12 12.1 12.2 12.3 12.4 12.5 Summary of Dimensional Requirements SUPPLEMENTARY REGULATIONS Off-Street Parking Automobile Service Station and Other Automotive Services NON-CONFORMING USEs Continuance Alteration or Extension Rebuilding after Catastrophe Abandonment ADMINISTRATION Enforcement Board of Appeals Special Permit Variance and Appeals Amendments to Zoning By Law Conflict of Laws Validity Repetitive Petitions Withdrawal Without Prejudice PLANNED DEVELOPMENT DISTRICT Jurisdiction Purpose Procedures Minim,,m Requirements Permitted Uses Area Regulations Relation to Subdivision Control Act LARGE ESTATE CONDOMINIUM CONVERSION Purpose Requirements Contents of Application Change in Application Review by the Planning Board --6 7a 68 7 86 93 MAP ZONING ~P -3- [ SECTI~ ! The purpose of this By-Law is the promotion of the health, safety, convenience, morals and welfare of the inhabitants of the To~n of North Anodver, as provided by Chapter 40-A of the General Laws of the Commonwealth of Massachusetts, as amended by Chapter 808, Acts of 1975, and as they may be · further ~mended, by regulating and restricting the use of land and buildings, thereby: ! encouraging the most appropriate use of land, 2. preventing overcrowding of land, 3. conserving the value of land and buildings, 4. lessening congestion of traffic, 5. preventing undue concentration of population., 6. providing adequate light and air, I I I 8. assisting in the economical provision of transportation, water, sewerage, schools, parks and other public facili- ties, 9. controlling the use of bodies of water, including water- COUrSes, 10. reducing the probability of losses resulting from floods, and preserving and increasing the amenities of the town. ! I ! i -4- SECTION 2 2.1 General For the purpose of this By Law, certain words or phrases herein shall be interpreted as follows, ~xcept where the context clearly indicates the contrary= words used in the singular include the plural, words used in the present tense include the future tense, the word "person" includes a corporation as well as an individual, the word "lot" includes the word "plot" or "parcel", the word "shall" is always man- datory, and the word "used" or "occupied" as applied to any landor buildings shall be construed to include the words "intended, arranged or designed to be used or occupied". 2.2 Specific Words end ~ases For the purpose of this By Law, the following words and terms used herein shall have the meanings or limitations of meaning hereby defined, explained or assigned. 2.21 Accessory Use or Structure A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. 2.22 Autoaobile Repair.Shop A building or part of a building in which major re- pairs are made to motor vehicles, in which heavy machinery is used. 2.23 Automobile Service Station A building or place of business where gasoline, oil and greases, batteries, tires, and automobile access- ories are supplied and dispensed directly to the motor vehicle trade, at retail, and where minor repair service is rendered. 2.24 Body Shop A building, or part thereof, used for structural repairs and refinishing of motor vehicles for re- muneration. 2.25 Board of Appeals 2.26 2.27 2.28 2.29 2.30 2.31 2.32 -s- [ The Board of Appeals of the Town of North Andover as I governed by the General Laws of Massachusetts. Building I A structure having a too! supS°fred by columns_or walls for the shelter, support, or enclosure of per- sons, animals, or property. Building Height The vertical distance measured from the mean level of the proposed finish grade at the front of the building to the highest point of the roof, but not including chimneys and spires. Building, Principal A building in which is .conducted the main or princi- pal use of the lot on which said building is situa- ted. Car Wash An area of land and/or a structure with machine or hand operated facilities used principally for the Cleaning, washing, polishing or waxing of motor vehicles. District 'A district or a zone shall be any portion of the I I I I ! territory of the Town of North Andover within which certain uniform regulations and requirements or various combinations thereof shall be applied under the provisions of this By-Law. D~ellir~ Any building Or portion thereof designed oc used as the residence or sleeping place of one or more persons, except a mobile home and as otherwise pro- vided herein. D~elling, Multi-F~mi'ly I I I i I A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein (same as "apart- -6- 2.33 2.34 2.35 2.36 2.37 2.38 2.39 2.40 ment" ) . Dwelling, One Family A dwelling built singly and apart from any other building and intended and designed to be occupied and used exclusively for residential purposes by one family. l~,~elling, ~o Family A free standing building intended and designed to be occupied and used exclusively for residential pur- poses by each of not more than two families (same as "duplex"). Dwellin~ Unit One or more rooms, including cooking facilities, and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes. The word "erected" shall include the words "built", "constructed", "reconstructed", "altered',, "en- larged'', and "moved". F~,,il¥ One or more persons occupying the same premises and living as a single housekeeping unit as distinguished from a group occupying a boarding house, lodging house, club, fraternity or hotel. Frontage The continuous distance between lot sidelines measured along the street line. Guest House A dwelling in which overnight accommodations are pro- vided or offered for transient guests for compensa- tion. The term "guest house" shall be deemed to in- clude tourist home, but not hotel, motel or multi- family dwelling. Ho~e Occupation 2.41 2.42 2.43 2.44 2.45 2.46 2.47 2.48 2.49 -7- An accessory use conducted in a dwelling by the resi- dents thereof which is Clearly secondary to the use of the building for living purposes. Hotel or Motel I I I I A building designed for occupancy as the temporary I residence of individuals who are lodged with or without meals and in.which no provision is made for cooking in any individual room or suite. I . Lo~hng B~F I ~n o~ening in a building not less than ten feet in width and nine feet in height including a platform for loading and unloading goods, merchandise or other materials. 1 I An area of land in one ownership with definite boun- daries ascertainable by recorded deed or plan. Lo~, C~ner ~ lot abutting upon two (2) or more streets at their intersection. Lot Lines The property lines bounding the lot, Lot Line, Front The line separating the:lot from a street. Lot Line, Rear Thelot lot line. line opposite and most distant from the front I hot Line, Side Any lot line other than a front or rear lot line. I L~t Line, Street I A lot line separating the lot from a street or alley (usually the front lot line). I I 2.50 2.51 2.52 2.53 2.54 2.55 2.56 2.57 -8- Mean High Water Mark (Lake Cochichewick) an elevation of 113.67 on the United States Coast and Geodetic Survey datum. Medical Center A building or group of buildings designed for the individual or group practice of medicine or den- tistry, but not including hospitals or nursing homes. No Cut Zone An area where no trees, shrubs or bushes shall be cut. No~-Conforming Use A building, structure or use legally existing and/or used at the time of adoption of this By-Law, or any amendment thereto, and which does not conform with the use regulations of the district in which located. Offiue,.Business A primary use consisting of office activities of any type, including business and financial office activi- ties (including banks and financial institutions) and professional office activities. Office, Professional A primary use consisting.of office activities by a doctor, dentist, architect, lawyer, engineer or other professional person or persons. Parking Area, Private An open area for the same uses as a private parking garage. Parking Garage, Private A structure used for the parking of automobiles and available to employees, clients or customers whether for a fee or free. 2.58 Parking Garage, Public 2.59 2.60 2.61 2.62 2.63 2.64 2.65 -9- . Any parking garage, other than a prxvate parking garage, which is open to the public and used for the storage of motor vehicles. Personal Service Establishment . An establishment providing persona~ services to the public such as shoe repair, barbering, dry cleaning, etc. Place of Worship A church, temple, synagogue, mosque or other similar place of worship, including parish house, rectory, or co, vent. Plannxng Boacd · The Planning Board of the To, nor North Andover as governed by the General Laws of Massachusetts. _ Publxc Ruilding or Use A buildzng or use owned or operated by a local, county, state or federal 'governmental agency. Roo~ing House Any building or portion thereo~ co~tainlng' more tha9 two and Less than ten rooms without kitchen facilities that are used, rented or hired out to be occupied or that are .occupied for sleeping purposes for compensation, whether the compensa- tion be paid directly or indirectly. Special Permit The words Special Permit where used in this By-Law shall mean a permit granted under the guidelines of Section 9 of Chapter 40-A of the General Laws. Special Permit Granting.Authority The Planning Board shall be the granting authority of all Special Permits to Cluster Development, Planned Development District, the Watershed District, drive- ways, and large estate condominium conversions. The Board of Selectmen shall be the granting authority of all Special Permits pertaining to non-accessory signs 1 i I I I I 2.66 2.67 2.68 2.69 2.70 2.71 -10- as specified in Section 6.52 of this By-Law. The Board of Appeals shall be the granting authority of all other Special Permits allowed in this Zoning By- Law. Special Permit Use A use of a building or lot or an action upon premises which may be permitted under this By-Law only upon application to the appropriate Special Permit Granting Authority for a Special Permit and subject to the approval of such Permit Granting Authority and the conditions stipulated. Stz~t A public way or a private way open to travel by the general public, or a way shown on a plan of a sub- division theretofore duly approved by the Planning Board. Structure Means a combination of materials to form a construc- tion that is safe and stable, including, among others, buildings, stadiums, tents, reviewing stands, platforms, staging, observation towers, radio towers, water tanks, towers, private and public swimming pools, trestles, piers and wharves, sheds, shelters, fences and walls, and display signs; the term structure shall be construed as if followed by the words "or part thereof". Town House An attached house in a row of three or more such houses capable of being sold as an independent dwelling with its own lot, as provided by the By-Law. Tributary Any portion of any brook, stream, bog, swamp or pond which flows into Lake Cochichewick. Yard (setback) An open space which lies between the principal building or group of buildings and a lot line. 2.72 Yard, F~o~t (setback). An open space extending across the entire width of a lot between any building thereon and the street lot line of the lot on which such building stands. 2.73 Yard, Rear (setback) An open space extending across the entire' width of a lot between the rear of any building thereon and the rear lot line of the lot on which such building stands. 2.74 Yard, Side (setback) :. An open space between the side l~ne of a lot and the adjacent side of any building thereon, ~uch open space being understood to cover the entire extent between the front yard and the rear yard on such a lot. 2.75 Drive,ay A way located on a }or which provides vehicular access to the buildings on the lot. Each driveway Shall service no more than one lot. Subject to the granting of.a Special Permit from the Planning Board, a driveway may be shared by no~ more than three (3) lots. Every Such s~ared driveway must be regul?ted by a recorded maintenance agreement running in perpetuity with the land. 2.76 Planne~Development 1. Planned Development District - A Planned Develop- ment District shall mean ~evelo[maent o~ an area of land as a single entity, which lies in an Indus- trail-S (I-S) Distr~ct, in which a mixture of resi- dential, open space, commercial, and/or industrial uses, and a variety of building ~ypes and designs are determined to be sufficiently'advantageous to render it appropriate to grant a Special Permit to depart from the normal requirements of the district in which the PDD is to be located, to the extent authorized by this Zoning By-Law. 2. Usable Open Space - The part or parts of [and or structure within a PDD which are reserved for active or passive recreation use. This space shall exclude parking areas, driveways, and walkways and open areas I I i I -12- 2.77 in commercial areas such as cafes and shall be open and unobstructed to the sky. Trees, plantings, arbors, fences, sculpture, fountains, swimming pools0 open-air recreational facilities, laundry apparatus and similar objects shall not be considered ob- structions. Public Parking Area A parking area owned and maintained by the Town of North Andover. -13- AND IK)UNDABIF~ Establishment of Distzicts The Town of North Andover is hereby divided into zoning districts designated as follows: Residence 1 District (R-l) Residence 2 District (R-2) Residence 3 District (R-3) Residence 4 District (R-4) Residence 5 District (R-5) Business 1 District (B-l) Business 2 District (B-2) Business 3 District (B-3) Business 4 District (B-4) General Business District (G-B) Industrial i District (I-1) Industrial 2 District (I-2) Industrial 3 District (I-3) Industrial S District (I-S) Flood Hazard District Z~ning Map The zoning districts established by this By-Law are hounded as shown on a map entitled "Zoning Map of the Town of North Andover, dated May 12, 1972, as the same may be adopted by . the TOwn, and as it may hereafter be amended. Said map ac- companies and is hereby made a part of this By Law. Any land area not designated upon said map as being within another zoning district shall be within the "Residence-2 District". The Flood Plain District is defined as all areas so desig- nated on maps entitled "Flood Insurance Rate Maps" (FIRM) and Flood Boundary and Floodway Maps" dated June 15, 1983 and as it may hereafter be amended, on file with the Town Clerk, incorporated by reference herein. 3.3 District Boundaries Where uncertainty exists as to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the Building Inspector shall determine the location of such boundaries. In reaching any such determination, the Building Inspector may properly rely upon the accuracy of the land area descrip- tions appearing in the Zoning By-Law adopted by the Town in 1956, and as thereafter amended, ineofar as any of them may I I I I I I I I I I i I I I I I I ! -15- $E$~I0~ 4 ~I~ ~ USES 4.11 General Provisioos {1} In the zoning districts above specified, the following designated buildings and alterations and extensions thereof and buildings accessory thereto and the following designated uses of land, buildings, or parts thereof and uses accessory thereto are permitted. All other buildings and uses~are hereby expressly pro- hibited. When a lot in one ownership is situated in part in the Town of North Andover and in part in an adjacent town or city, the provisions, regula- tions andrestrictions of this By-Law shall be applied to that portion of such lot as lies in the Town of North Andover in the sa~e manner as if the entire lot were situated therein. (3) When a zoning district boundary divides a lot of record on June 5, 1972 in one ownership, all the zoning regulations set forth in this Zoning By-Law applying to the greater part by area of such lot so divided may, by Special Permit, be deemed to apply and govern at and beyond such zoning district boundary, but only to an extent not more than one hundred (100) Linear feet in depth (at a right angle to such boundary) into the lesser part by area of such lot so divided. (4) Accessory uses, as defined herein, shall be on the same lot with the building of the owner or occupant, and shall be.such as not to alter the character of the premises on which they are lo- cated nor impair the neighborhood. Where manu- facturing of any kind is allo~ed as an accessory use, it shall be restricted to such light manu- facturing as is incidental to a permitted use and where the product is customarily sold on the premises by the producer to the consumer. No private way giving access to a building or use not permitted in a residential district shall be laid out or constructed so as to pass I I i I I I I I I I I I I I 4.12 4. 121 -16- through a residential district. PermittedUses Residence 1 District Residence 2 District Residence 3 District (1) One family dwelling, but not to exceed one dwelling on any one lot. (2) Place of worship. (3) Rooming house, renting rooms for dwelling pur- poses or furnishing table board to not more than four (4) persons not members of the family resident in a dwelling so used, provided there be no display or advertising on such dwelling or its lot other than a name place or sign not to exceed six (6) inches by twenty-four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. (4) For the use of a dwelling in any residential district or multi-family district for a home occupation, the following conditions shall apply: a) Not more than a total of three (3) people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling; b) The use is carried on,strictly within the principal building; c) There shall be no exterior alterations, accessory buildings, or display which are not customary with residential buildings; d) Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1,000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade, commodities or products which occupy space beyond these limits; e)There will be no display of goods or wares visible from the street; _ f) The buildings or premises occupied shall not be rendered ~bjectionable or detrimental to the residentlal~;!icharacter of the neighb~.r- hood due to the exterior appearance, emis- sion of odor, gas, smoke, dust, noise, dis- turbance, or in,any other way become ol>- jectionabl~ or detrimental to any residen- tial use within the neighborhood; such building shall include ~o feature g) Any of design not cUStomary in buildings for residential use; nOt to exceed twenty-four (24) estate signs inches by thirty-six (36) inches in size which shall advertise only th~ rental, lease, or sale of the premises upon which they are placed. (6) a) Farming of field crop~ and row crops, truck gardens, orchards, plant nurseries, and green houses. b) On any lot of at least three (3) acres, the keeping of a total of not more than three ' (3) of any kind or assortment of animals or birds in addition to the household pets' of a family living on sUch lot, and f~r each additional acre of lot size to nine (9! acres, the keeping of one additional animal or bird but not the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres, the keeping of any number.of animals or birds regardless o~ ownership and the operation of equestrian riding academies, stables, stud farms, and poultry batteries. d)The sale of products raised as a result of the above uses on the subject land. (7) Swimming pools in excess of two (2) feet.deep shal~ be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least fOur (4) feet in height to be determined by the Building Inspector to pre- -18- vent the entrance of persons other than those residing at the pool location. ~Pools shall have a minimum ten (10) foot setback from side and rea.r lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. (8) Museums. (9) Educational Facilities. (10) Public building and public service corporations (Special Permit required), but not including public works garages. (11) Golf course. (12) Swimming and/or tennis clubs shall be permitted with a Special Permit. (13) Cemetery. (14) Nursing and convalescent home - see dimensional requirements of Table 2 (Special Permit re- quired). (15) Municipal recreational areas. (16) Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. (17) Family Suite - a separate dwelling unit within or attached to a dwelling for a member of a household is allowable by Special Permit pro- vided: a) b) The dwelling unit is not occupied by anyone except brothers, sisters, maternal and pa- ternal parents and grandparents, or children of the residing owners of the dwelling unit; That the premises are inspected annually by the Building Inspector for conformance to this section of the By-Law; c) The Special Permit shall be recorded at the North Essex Registry of Deeds. 4.122 -19- (18) Accessory buildings no larger than sixty-four (64) square feet shall have a minim,]m five (5) foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling. Residence 4.District (1) One residential building per lot. (2) Place of worship. (3) Renting rooms for dwelling purposes or furni- shing table board to not more than four persons not members of the f~nily resident in a dwelling so used, provided there be no display or adver- tising on such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty-four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. (4) For the use of a dwelling in any residential district or multi-family district for a home occupation, the following conditions shall apply: a) Not more than a total of three (3) people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling; b) The use is carried on strictly within the principal building; c) There shall be no exterior alterations, accessory buildings, Or display which are not customary with residential buildings: d) Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1,000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade, commodities or products which occupy space beyond these limits; There will be no display of goods or wares visible from the street; I I i I I I I i I I I I I t I I I I I -20- f) g) The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighbor- hood due to the exterior appearance, emis- sion of odor, gas, smoke, dust, noise, dis- turbance, or in any other way become ob- jectionable or detrimental to any residen- tial use within the.neighborhood~ Any such building shall include no feature of design not customary in buildings for residential use. (s) (6) Real estate signs not to exceed~twenty-four (24) inches by thirty-six (36) inches in size which shall advertise only the rental, lease, or sale of the premises upon which they are placed. a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On any lot of at least three (3)_.acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. (7) c) On any lot of at least ten (10) acres the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. Swimming ~ools in excess of two (2) feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4} feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those re- siding at the pool location. Pools shall have a -21- I minimum ten (10) foot~,setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. (8) Museums. (9) Educational facilities. (10) Municipal building and public service corpora- tion use (Special Permit required). (11) Golf course. (12) Swimming and/or tennis clubs shall be permitted with a Special Permit. I I I I I (13) Cemetery. (14) One Or two-family dweXlings, including the right to convert any existing dwelling to accommodate not more than five family units by Special Permit from the Zoning Board of Appeals after a public hearing with due notice given, pro- vided: I a) No major exterior structural changes shall be made. The right to convert shall apply dwelling under t.h~. ownership of.one I t? any single person, partnership, or corporation to be converted for use as dwellings of not more than five family units, and meeting all requirements of the State and Town Statutes and By Laws, including Health Codes, Safety Codes, Building Codes, Zoning Laws, and Zoning By-Laws. b) StairwaYs leading to the second or any higher floor shall be enclosed. (15) Municipal recreational areas. (16) Guest or rooming houses. (17) Nursing and convalescent homes - see dimen- sional requirements of Table 2 (Special Permit Required). ' I I I I I ! (18) Any accessory use customarily incident to any of the above.permitted uses, provided that 4.123 -22- such accessory use shall be not injurious, noxious, or offensive to the neighborhood. (19) Accessory buildings no larger than sixty-four (64) square feet shall have a minimum five (5) foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling. Residence 5 Distr.ict (1) One-family dwelling. (2) Place of worship. (3) Renting rooms for dwelling purposes or fur- nishing table board to not more than four (4) persons not members of the family resident in a dwelling so used, provided there be no display or advertising on such dwelling or its.lot other' than a name plate or sign not to exceed six (6) inches by twenty-four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. (4) For the use of a dwelling in any residential district or multi-family district for a home occupation, the following conditions shall apply: a) Not more than a total of three (3) people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling; b) the use is carried on strictly within the principal building; c) There shall be no exterior alterations, accessory buildings, or display which are not customary with residential buildings: d) Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to exueed one thousand (1,000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade, commodities or products which occupy space beyond these limits; -23- e) There will be no display of goods or wares visible from the street= (5) (6) f) g) The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighbor- hood due to the exterior appearance, emis- sion of c~or, gas, smoke, dust, noise, dis- turbance, or in any other way become ob- jectionable or detrimental to any resi- dential use within the neighborhood= Any such building shall include no feature of design not customary in buildings for residential use. I I I I Real .estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall advertise only the rental, lease or sale of the premises upon which they are placed. a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries and green houses. b) On any lot of at least three (3) acres, the keeping of a total of not more than three (3) o[ any kind or assortment of animals or birds in addition to the household pets of a Eamily li'ving on such lot, and for each additional acre o~ lot size to nine (9) acres, the keeping o~ one additional animal or bird= but not the keeping of any animals, birds, or pets of persons not resident on such lot~ c) On any lot of at least ten (10) acres, the keeping of any number of animals or bi~'ds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. I I I I I I I I d) The sale of products raised as a result of ~ the above uses on the sub~ect land. (7) Swimming pools in excess of two (2) feet deep · shall be considered a structure and permitted provided they are enclosed by a suitable wall or -24- (8) (9) fence at least four (4) feet in height to be de- termined by the Building Inspector to prevent the entrance of persons other than those re- siding at the pool location. Pools shall have a minimum ten (10) foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. Museums Public building or use and public service cor- porations (Special Permit required), but not in- cluding public works garages. (10) Educational facilities. (11) Golf course. (12) Swimming and/or tennis clubs shall be permitted with a Special Permit. (13} Cemetery. (14) Town houses.. (15) Guest or rooming houses. (16) Nursing or convalescent homes - see dimen- sional requirements of Table 2 (Special Permit required). (17) Multi-family dwellings. (18) Professional offices on the ground floor of multi-family dwelling structures. (Floor area utilized for offices shall reduce the total floor space ordinarily permitted for residential use on a proportional basis. Each one-thousand (1,000) square feet or part thereof of such floor space shall reduce the permitted number of dwelling units by one). (19) Hotel or motel (Special Permit required). (20) Parking, indoor storage and other accessory uses assocated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. 4. 124 (21) Accessory buildings no larger than sixty-four (64) square feet sh~.ll have a minim~ five (5) foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling, Business 1 District (1) Retail establishments. (2) Personal service establishments. (3) Professional~offices, banks, real estate offices and insurance offices. (4) Eating or drinking uses may be permitted only as a secondary use within a permitted primary use. (5) Place of worship. (6) Non-profit school. (7) Public building or use and public service cor- poration. (8)~ Art gallerY.~! (9) (10) a) c) Residential uses including one and two family dwellings. APartments shall be allowed where such use is not more than fifty percent (50%) of the total floor space in the building. Farming of field crops and row crops, truck gardens, orchards, plant nurseries and greenhouSes. b) On any I°t of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birdS!i!in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds or['pets of persons not resident on such loll; On any lot of at least ten (10) acres, the keeping of any n,~ber of animals or birds 4.125 -26- regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. (11) Swimming and/or tennis clubs shall be permitted with a Special Permit. (12) Parking, indoor storage and other accessory uses customarily associated with the above uses, l~ro- vided that such accessory use shall not be in- jurious, noxious, or offensive to the neighbor- hood. Business 2 District (1)' Retail establishments. (2) Personal service establishments. (3) Professional offices, banks, real estate offices and insurance offices. (4) Business and other offices. (5) (6) (7) Public building or use and public service corporation. Art gallery. Swimming and/or tennis clubs shall be permitted with a Special Permit. (8) Place of worship. (9) Eating and drinking establishments. (10) Nonprofit school or private school for profit or museum. (11) Indoor place of amusement or assembly. (12) Automobile service station (limited to one in each 2,000 linear feet of street or highway as measured along centerline). (13) Medical center, clinic or medical laboratory. 4.126 I (15) Multx-familY dwellings and town houses (with Special Permit). I (16) Public parking garage. (17) ?axi .depot. ' I (18) Printing and. reproduction. (19) a) Farming Of field crops and row crops, truck I b) gardens, orchards, plant nurseries, and greenhouses. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. I I I I c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestria~ riding academies, stables, stud farms, dairy farms, and poultry batteries. (20) Residential use where such use is not more than fifty percent (50%) of the total floor space in the structure. (21) Parking, indoor storage and other accessory uses associated with the above uses, provided that such accessory use shall not be noxious, in- jurious, or 'Offensive to the neighborhood. ~usiness 3 District ( 1 ) Retail establishments. (2) Personal service establishments. (3) Professlonal offices, banks, real estate offices and insurance companies. -28- (4) Business and other offices. (5) Public building or use and public service corporation. (6) Art gallery. (7) Swimming and/or tennis clubs shall be permitted with a Special Permit. (8) Place of worship. (9) Eating and drinking establishments. (10) Nonprofit school or private school for profit or muse~m. (11)' Indoor place of amusement or assembly. (12) Automobile service station (limited to one in each 2,000 linear feet of street or highway as measured along centerline). (13) Medical center, clinic or medical laboratory. (14) Funeral parlor. (15) Public parking garage. (16) Taxi depot. (17) Printing and reproduction. (18) Research and development facilities. (19) New car sales but not to-include outdoor car sales lots accommodating more than ten (10) used cars. (20) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On any lot of at lease three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to.nine (9) 4.127 -29- 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) d) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation o£ equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. The saleof products raised as a result of the above uses on the subject land. (21) Parking, indoor storage and other accessory uses associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. Business 4 District (2) (3) (4) (5) (6) (7) Research and develoPment facilities. Business, professional and other offices. Accessory retail, personal service and eating and drinking'use shall be permitted in an amount not to exceed ten (10) percent of total gross floor area of~ the principal uses. Place of worship. Nonprofit school or private school for profit or Public building or use 'and public service cor- porations. Hotel or motel (limited to one in each 2,000 linear feet 0'f street or highway as measured along centerline). (8) Medical center, clinic or medical laboratory. (9) Nursing and COnvalescent homes. See dimensional requirements of Table 2. (10) Art gallery. I I I I I I I I I I I I I I I I I I I 4.128 -30- (11) Swimming an~/or tennis clubs shall be permitted with a Special Permit. (12) Printing and reproduction. (13) a) b) c) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal. or bird= but not the keeping of any animals, birds, or pets of persons not resident on such lot. On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. (14) Parking, indoor storage and other accessory uses associated with the above uses, provided that such use shall not be injurious, noxious or offensive to the neighborhood. General Business District Retail stores and wholesale stores, salesrooms, funeral parlors, showrooms or places for any professional, artistic or mercantile activity, not involving manufacturing~ also retail bakeries or retail confectioneries. (2) Banks, offices, and municipal, civic, or public service buildings, such as post office, tele- phone exchange, town offices, school, library, museum, place of worship, local passenger station. (3) Hall,-club, theatre, or other place of amusement 4.129 (4) (5) (6) (7) (8) -31- or assembly. Automobile service and filling stations, auto- mobile storage and repair garages, including automobile body repairs and painting, and auto- mobile sale agencies for new and used cars, pro- vided there be not displayed or stored outdoors on such premises more than twenty-five (25) automobiles or other vehicles. I I I Restaurant, dining room or lunch room. Residential use where such use is not more than fifty percent (50%) of the total floor space in the structure. Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be in~urious, noxious, or offensive to the neighborhood. a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. I I I I I b) On any lot of at least five (5) acres, the keeping of a total of not more than five · (5) of any kind or assortment of animals or birds inaddition to the household pets of a family living on such lot, and for each · additional acre of lot size to nine (9) acres, the keeping of one additional animal or bird~ but not the keeping of any animals, birds, or pets of persons not resident on · such c) .On a~y lot of at least ten !10) acresf the keeping of any number of anzmals or b~rds 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. Industrial 1 District I I (1) ReSearch and'development facilities. -32- (2) Business, professional and other offices. (3) (4) (5) (6) Accessory retail, personal service and eating and drinking use shall be permitted in an amount not to exceed ten percent (10%) of total gross floor area of the principal uses. Place of worship. Nonprofit school or private school for profit. Public building or use and public service cor- porations. (7) Medical center, clinic, or medical laboratory. (s) (9) Art gallery or museum. Swimming and/or tennis clubs and/or indoor ice skating facilities shall be permitted with a Special Permit. (10) Printing and reproduction. (11) Helistop (defined as a landing and take-off place for a helicopter, but not including facilities for storage or m~jor repair of helicopters). Special Permit required. (12) Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas~or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. (13) a) b) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition'to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) 4.130 -33- acres, the keeping of one additional animal or bird= but not the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) · The sale of products raised as a result of the above uses on the subject land. (14) Warehousing and wholesaling shall be permitted only as a secondary use. (15) Golf course. (16) Parking, indoor storage and other accessory uses customarily associated with the above uses, pro- vided that such accessory use shall not be in- jurious, noxious, or offensive to th~ neighbor- hood. Industrial 2 District (1) Research and development facilities. (2) Business, professional, and other offices. (3) Accessory retail, personal service and eating and drinking'use shall be permitted in an amount not to exceed ten percent (10%) of the total gross floor area of the principal uses. (4) Place of worship. (5) Nonprofit school or private school for profit. (6) Public service corporation and energy or re- source recovery facility. I I I I I I I I I I I I I (7) Medical center, clinic, or medical laboratory. (8) Art gallery,~ii and/or tennis clubs shall be permitted (9) Swimming with a Special Permit. -34- (10) Printing and reproduction. (11) Helistop (defined as a landing and take-off place for a helicopter, but not including facilities for storage or major repair of helicopters). Special Permit required. (12) Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing, or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust,.smoke, f~mes, odor, noise, vibration, light, or other adverse environmental effect. (13) a) b) Farming of field crops and row crOps, truck gardens, orchards, plant nurseries, and greenhouses. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animal~ or birds in addition to the household pets of a family living on such lot,.and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident ~on such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The'sale ~f '~roducts raised as a 'result of the above uses on the subjet land. (14) Warehousing and wholesaling. (15) Golf course. (16) Lumber or other building materials storage or sales, fuel storage or contractor's yard, pro- vided all outdoor uses are enclosed by a fence of five (5) feet or more in height. 4. 131 4.132 -35- (17) Bus garage. (18) Automobile service station (limited to one in each 2°000 linear feet of street or highway as measured along centerline). (19) Car wash. (20) Automobile or other motor vehicle repair, pro- vided al1 activities are within an enclosed building. (21) Veterinary hospital and kennels, provided activities are within an enclosed building. (22) Parking, indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. Industrial 3 District-- -(1) Public buildings. (2) Public garages and accessory buildings. (3) Public .service corporations. (4) Public sanitary disposal site. (5) Public storage of equilmaent. (6) Ail uses permitted in the Industrial 1 District. In~lustrial "$# District (1) Research and,development facilities. (2) Business, professional and other offices. (3) place of worship. (4) Nonprofit school or private school for profit. (5) Public building or use and public service cor- poration. (6) Printing and reproduction. I I I I I I I I I I I I I I I I I I I -36- (7) Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise, other commercial non-retail activity, provided such uses are conducted solely within a building .and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, f~mes, odor, noise, vibration, light or other adverse environmental effect. (8) Premises of a bank, post office, telephone ex- change or telephone business office, local bus passenger station, or business office buildings. By Special Permit, an automobile service and filling station, a diner, a restaurant, a retail food store, but no other retail stores of any kind. (9) Warehousing and wholesaling. (10) Lumber or other building materials storage or sales, fuel storage, or contractor's yard, pro- vided all outdoor uses are enclosed by a fence of five (5) feet or more in height. (11) BUs garage. (12') Any accessory use customarily incident to any of the above permitted uses, provided that such use shall not be injurious, noxious, or offen- sive to the neighborhood. (13) a) b) c) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. On any lot of at least three (3) acres, the keeping of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. On any lot of ay least ten (10) acres, the keeping of any number of animals or birds ! regardless of ownership and the operation I of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the sub3ect land. 4.133 Watershe~ District I (1) Purpose: The Watershed District surrounding Lake Cochich- ewick, our source of water supply, is intended to preserve and maintain the filtration and purification function of the land, the ground water table, the purity of the ground water and the lake, to conserve the natural environment and to protect the public health, safety, and welfare. (2) Prohibited Uses: I I I I a) Dumping trash, rubbish, garbage, wood stumps, peat, junk, or other waste materials shall k~ prohibited. (3) Dimensions and No Build Requirements: I a) Boundaries of the Watershed District are designated specifically on the certified North Andover Watershed Map, 1978, and are shown on the Zoning Map. These maps are hereby made a part of this By-Law and are on file in the office of the Town Clerk. b) When the Watershed District boundary divides a lot of record on June 26, 1978 in one ownership, all the zoning regulations set forth in this Zoning By-Law applying to the greater part by area of such lot so divided may, by Special Permit, be deemed to apply and govern at and beyond such Watershed District boundary, but only to an extent not more than one hundred (100) linear feet in depth (at a right angle to such boundary) into the lesser part by area of such lot so divided. c) A no-cut buffer zone shall exist one hundred I I I I I -38- fifty (150) feet horizontally from the annual mean high water mark of Lake Cochich- ewick and twenty-five (25) feet horizontally from the edge of all tributaries in the Watershed. 4.134 d) No construction shall occur two hundred fifty (250) feet horizontally from the annual mean high water mark of Lake Cochichewick and one hundred (100) feet horizontally from the edge of all tribu- taries, except by Special Permit. Floo4 Plain District (1) Flood Plain District The Flood Plain District is herein established as an overlay district. The underlying per- mitted uses are allowed provided that they meet the Massachusetts State Building Code dealing with construction in floodplains and the following additional requirements. The Flood Plain DistriCt includes all special flood hazard areas designated as Zone A, Al-30 on the North Andover Flood Insurance Rate Maps, (FIRM), and the Flood Boundary and Floodway Maps, dated June 15, 1983, on file with the Town Clerk, Planning Board, Conservation Commission, and Building Inspector. These maps, as well as the accompanying North Andover Flood InsUrance Study, are incorporated herein by reference. (2) Development Regulations a) Within Zone A of the Flood Plain District, where base flood elevation is not pro- vided on the FIRM, the applicant shall obtain any existing base flood elevation data and it shall be reviewed by the Building Inspector for its reasonable utilization toward meeting the elevation or floodproofing requirements, as appro- priate, of the State Building Code. b) In the floodway, designated on the Flood Boundary and Floodway Map, the following provisions shall apply: -39- .All encroachments, including fill, new construction, substantial improvements to existing structures, and other devel- opment are prohibited unless certifica- tion by a registered pro£essional en- gineer or architect is provided by the applicant demonstrating that such en- croachments shall not result in any increase in flood levels during the occurence of the 100 year flood. Any~encroacl~aent meeting the above standard shall comply with the flood- plain requirements of the State Building Code. I I I I I I I I I I I I I I I I I I I Permitted Use -39a- TABLE 1 SUMMARY OF USE REGULATIONS Res. Res. Res. Bus. Bus. Bus. Bus. Gen Ind. Ind Ind. In 1,2, 4 S 1 2 3 4 Bus. 1 2 3 S Agricultural Use* Art Gallery Auto Service Station* No Auto 5 Vehicle Repair, Body Shop No Bus Garage No Business ~ Other Offices Car Wash Cemetery Eating ~ Drinking Establishment No Funeral Parlor No Golf Course Yes Guest House No Helistop No Indoor Place of Amusement or Assembly No Indoor Ice Skating Facilities No Lumber, Fuel Storage or Con- tractor's Yard No' Manufacturing* No Medical Center* No Motel or Hotel , No Multi-family Dwellings & Apts. Municipal Recrea- tion Areas New Car Sales* Nonprofit School Nursing ~ Con- valescent Homes* SP One-family Dwelling Personal Service Establishment Place of Worship Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Ye No No No Yes Yes Yes Yes Yes Yes Yes Yes No No No No Yes* Yes* No Yes* No Yes* No SP No No No No No No Yes No No No No No No No Yes No No No No No* Yes Yes Yes Yes Yes No No No No No ~ No No Yes No Yes Yes Yes No No No No No No Yes Yes No* Yes Yes No No No No No No No No No No No No* No* No No No Yes Yes No Yes Yes No No .No No Yes No No Yes No Ye Yes Yes Ye Yes No No No No No No Yes No* No* No* SP Yes No No No No No Yes Yes Yes Ye No No No No No No SP SP SP No No No Yes Yes No Yes No No No No No No No No SP No , No No No Yes No No No No No Yes Yes Yes Yes Yes Yes No No Yes* No No No No No No No No No No No No No No SP No- SP No No No No* Yes Yes Yes No* Yes No* No* No* No: Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Ye: Yes Yes Yes Yes No No No No No SP SP No No No Yes No No No No No Yes Yes No No No No No No Yes Yes Yes Yes No No No No 'No No No No No No No No Yes NO Yes. No :No No No Yes Yes Yes Yes Yes Yes Yes Ye. No No Yes Yes SP No No No No No No No Yes -No Ye Yes Yes Ye Yes Yes No No No No Permitted Use TABL~ 1 (Continued) I Res. Res. Res. Bus. Bus. Bus. Bus. Gen. Ind. Ind. Ind. Ind. 1, 2 4 S 1 2 3 4 Bus 1 2 3 S Printing ~ Reproduction Private School for Profit Professional .Offices* Public Building or Use Public Garages ~ Accessory Bldgs Public Service Corporation Public Sanitary Disposal Site No Public Storage of Equipment No Recreation Area SP Research ~ Devel- opment Facilities No Retail Establish- ment Rooming House Taxi Depot Town Houses Two-family Dwelling No Veterinary Hospital ~ Kennel No ~arehousing ~ · ~holesaling No I I No No No No Yes Yes Yes No No* No* Yes* Yes SP SP SP Yes No No No No No No No No No No No No -No No SP SP SP No No No No, No Yes* Yes* Yes* No No No Yes Yes Yes Yes Yes Yes Yes Yes I Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes I Yes Yes Yes No No 'No No No No No No No No No No SP SP SP No Yes Yes No No No No No No Yes Yes No No Yes No SP No No Yes Yes Yes No No No No No No No No No No No No No No No Yes Yes Yes Yes Yes No No No Yes No No No No Yes No I No No No Yes No No No No Yes No SP SP SP SP No Yes Yes Yes Yes Yes I No* Yes Yes Yes Nos Yes* No* No* No* No* No No No No No · Yes No No No No No No No No No No No No No No I No No Yes No No ~ Yes No* Yes No~ Yes SP NOTE: See detailed district use regulations. ~ith Special Permit Only This chart is for summary information purposes only and is not a substitute for the detailed district use regulaiions contained in Section 4 of this By Law. - I I I I -40- SECTION 5 EARTH MATE~ALS P. EMOVA~ 5.1 General (1) Excavation., removal, stripping, or mining of any earth material except as hereinafter permitted on any parcel of land, public or private, in North Andover, is prohibited. (2) Exclusive jurisdiction to issue Earth Removal Permits shall be with the Board except for Permits allowed in Paragraphs 5.5 and 5.6. (3) The Board or the Building Inspector shall have the authority to issue an Operating Hours Ex- tension Permit, as defined in Subsection 5.2 (4) The Building Inspector shall have the authority to enforce all conditions of any Permit issued under this Section on the Zoning By,Law. (5) Ail earth removal operations in existence in North Andover on the effective date of this section shall be subject to the requirements stated herein. However, all Earth Removal Permits issued prior to the effective date of this Section shall remain in effect until their expiration date and/or annual review. At such time, said operation shall be subject to the provisions of this Section, unless otherwise allowed by the Board, for a period not to exceed six (6) months. (6) An annual fee. of One hundred dollars ($100.00) shall be required for Earth Removal Permits. Miscellaneous Earth Removal Permits shall require an annual fee of Twenty-five dollars ($25.00). (7) Violation of this Section of the Zoning By- Law, notwithstanding the provisions of Section 10.13, imposes a penalty of Fifty dollars ($50.00) for the first offense, One hundred dollars ($100.O0) for the second and each subsequent offense. Each day of operation in violation of this section will be con- sidered a separate offense. 5.2 5.3 -41- AnY sanitary landfill operated by the Town'of North Andover shall be exempt from the pro- visions of this Section. I I Definitions (1) Applier: the owner, or prospective owner by reason of a Purchase and Sales Agreement, of the land shown by the plan submitted with the Earth Removal Permit Application. (2) Earth Materials: "earth materials" shall in- · clude soil, loam, sand, gravel, clay, peat, · rock, or other allied products. (3) Earth Re.oval Operations: the excavation, re- moral, stripping, or mining of any earth mater- ial on any site within the Town of North Andover. (4) Operating Hours Extensio~ Permit: a Permit ~ssued by the Board or the Building Inspector flor an extension of the time of operation for trucking from the site until 9:00 p.m. (5) Boazd: Zoning Board of Appeals. (6) P~rmit: the word "Permit" in the Earth Removal Section shall mean and inlcude a Special Permit for earth removal as issued by the Special Permit Granting Authority. Application for Earth R~oval Pe~it (i) All applicants for Earth Removal Permits must submit seven (7) copies of the following information concerning the proposed site of the removal operation to the Board thirty (30) days prior to submission of an appli- cation for an Earth Removal Permit. The Board shall distribute the information to the PlanningBoard, Building Inspector, Conservation COmmission, Board of Health, Highway Department, and Police Department, so that recommendations from these depart- ments maybe.submitted for the required public hearing. (2) A plan or plans to scale, (1'=40'} prepared and stamped by a Registered Engineer, showing the I I I I I I I I I -42- property lines of the parcel of land under con- sideration along with all abutters to the property, existing and final contours in five foot (5') elevation 'increments, existing and proposed final drainage of the site, including all culverts, streams, ponds, swamps, and silta- tion basins, means of entrance and egress from the property, locus map, and any other perti- nent data deemed necessary by the Board. (3) A plan, study, or report showing the proposed ultimate use of the land conforming with the existing. Zoning By-Law. Proper planning for future land use shall be a prime consideration affecting the issuance of an Earth Removal Permit. (4) A complete list of the names and addresses of current ,abutters of the property where such removal is proposed. (5) An operating schedule showing the active area (not to exceed five (5) acres) where the earth removal will begin and also how the total parcel will be developed in. progressive five (5) acre increments. 5.4 Permits for Earth Re. oval (1) The Board may issue Earth Removal Permits for any zoning district, complete with conditions imposed, for areas not to exceed forty (40) acres. All Permits shall conform to the m~nimum restoration and operating standards contained herein and such other conditions as the Board may deem necessary. Said permit shall allow the working of only five (5) acres at any one time. Upon completion of the earth removal operation on a five (5) acre parcel, or a part thereof, and substantial restoration of said parcel as determined by the Board, according to the restoration standards at the Permit con- ditions, application may then be made to the Board for a Permit renewal. Such Permit renewal shall allow the removal of earth on another five (5) acre section, as shown by the operating schedule submitted with the Permit application. This procedure shall be followed until the operation is completed. 5.5 (2) The Permit shall be considered a non-trans- ferable revocable Permit to remove earth materials. It it is found that incorrect information was submitted in the application, or that conditions of the Permit are being violated, or that the governing regulations are not being followed, the Permit shall be suspended until all provisions have been met and the premises made to conform. Failure of the Permit holder to comply within the time specified by the Board for correction of violations shall cause the Permit to be revoked, forfeiture of the security to the Town, and the. imposition of all fines as set forth in Paragraph 5.1 (2). (3) The Board shall discuss and review the permit periodically, and at a minimum, annually. Written progress reports showing conformance with regulations and Permit conditions shall be submitted to the Board by the Building Inspector or his designated agent every three (3) months. (4) An Earth Removal Permit shall not be' in effect until the applicant has filed the proper security as required in Paragraph 5.9, paid the required .fees as required by Paragraph 5.1 (6), and recorded the Special Permit at the Registry of Deeds. (5) Mechanical crushing and screening may be per- mitted bY the Board after a public hearing with due notice given. Earth Re. oval Incidental to Develol~ent, Construc- tion, or Improvement (1) This regulation shall be deemed not to pro- hibit the removal of such sod, loam, soil, clay, sand, gravel, or stone as may be required to be excavated for the purpose of constructing ways in accordance with lines and grades approved by the Planning Board, or for the purpose of constructing underground utilities. (2) Where soil is to be removed in connection with the preparation of a specific site for building, removal may take place only after the issuance of a building permit by the Building Inspector. I ! I I I I I I I I I I / I I ! I I I -44- (3) Removal will be allowed only from the the area for the building, driveways, parking areas, and from areas where removal is specifically re- quired by the Board of Health in connection with disposal systems. Where special cir- cumstances exist requiring general regrading, removal of peat, etc., the builder may file a plan and request for an additional soil re- moval permit with the Building Inspector as provided in Paragraph 5.6 below. Where excavation, removal, stripping, or mining of earth on any parcel of land, public or private, is made necessary by order of any other Board or Agency of the Town, such exca- vation, removal, stripping, or mining, if in excess of one-thousand (1,000) cubic yards shall be governed by the provisions of Section 5.6 of this by-Law. (4) (5) Excavation, removal, ~stripping, or mining of earth incidental to improvements shall be governed by the provisions of Section 5.6 of this By-Law. All earth removal, excavation, stripping, or mining as allowed under this paragraph shall be governed by the provisions of Section 5.6 of this By-Law. 5.6 Miscellaneous Removal of Earth (1) Excavation, removal, stripping, or mining of miscellaneous amounts of earth as allowed under Section 5.5 is permitted provided the excava- tion, removal, stripping, or mining is necessary for the improvement or development of the pro- perty on which the excavation or removal takes place. (2) Excavation, removal, stripping, or mining of aggregate quantities of less than fifty (50) cubic yards on any one general site requires no formal approval. Where the excavation, removal, stripping, or mining of soil is in quantities in excess of fifty (50) cubic yards but less than one-thousand (1,000) cubic yards, application must be made to the Building In- spector for a Miscellaneous Soil Removal Permit. Where special circumstances exist which requires 5.7~ the excavation, removal, stripping, or mining of soil in excess of one-thousand (1,000) cubic yards, but less than five-thousand (5,000) cubic yards, a Permit may be granted by the Board for such removal without a public hear%ng~ However, where the excavation, removal, stripping, or mining exceeds fiv~ thousand ( ,000) cubic yards, then a public hearing ~lll be necessary and the Permit granted shal~ indicate the approximate quantity of soil to be removed, the p~rpose of removal, and the location of the site of removal. .The Permit shall also sPecify that Upon completion of excavation, exposed subsoil shall be graded and covered with loam to a minimum depth of six (6) inches and that the removal is to be controlled by the appro- priate section of Paragraph 5.7 (Operating Standards). It is further provided that except where removal under this Paragraph is done in connection with. the formation or enlargement of a pond, excavation shall not be permitted.below the mean grade of the street or road serving the property. The excavation of said pond in any event sb~ll not be such as to change the direction or flow of a water course or to cause surface water to gather as a sump or swale. Excavations for burying large rocks and stumps shall immediately be back-filled for safety reasons. Failure to meet the requirements of this Paragraph shall be deemed a violation of th~ Zonl~g By-Law. Operation Standards Time of Operation. a) Excavation and site. maintenance may be carried on from 6:30 a.m. until 7:30 p.m., Monday through Saturday. b) c) Trucking from the site maybe carried on from 7:00 a.m. through 6:00 p.m., Monday through Saturday. An Operating Hours Extension Permit for trucking until 9~00 p.m. for no more than three (3)<consecutive days may be granted by the Building Inspector after reviewing conditions of the application. Said appli- cation shall show reason for extension of ! I i I i -46- time, distance of hauling, and approximate cubic yardage to be hauled. (2) Site Preparation. a) b) Only the active area described in the Permit application may be made ready for earth re- moval. No standing trees are to be bulldozed over, or slashed and bulldozed into piles. All trees must be cut down. All wood and brush must be piled for removal or chipping. Wood chips may remain on the site. No trees are to be buried on the site. c) Stumps shall be buried in predesignated areas as shown on application plans. Any change in stump burial must be sub- mitted to the Board for approval. (3) Topsoil Storage. a) Ail topsoil removed from the active removal area shall be piled for future site restora- tion. b) No topsoil shall be removed from the site until all areas have been restored and per- mission has been granted by the Board, (4) Erosion control. a) Prior to any excavation or earth removal, adequate siltation basins shall be con- structed to prevent the run-off of silted water from the site. b) Ail excavation shall be done so as to create contours to channel run-off waters into the siltation basins. c) d) No siltation basin shall exceed seven (7) feet in depth. Siltation basins must be cleaned when sedi- ment deposits are within eighteen (18) inches of the outfall invert. (5) Dust Control. . a) No earth removal operation shall create ex- cessive amounts of dust or allow roads leading into or from ? site to become ex- cessively dust producing. b)Proper dust control methods shall be approved by the Building Inspector. (6) Excavation Near Brooks. a) No excavation shall b~. made which will alter the natural way or ~xlsting elevation~ of a brook, stream, or river. b) All banks of brooks, s~reams, and riyers shall be reconstructed to be aesthetically attractive and of sufficient height to prevent abutting properties from flooding. c) Said bank height shall be computed, for a fifty (50) yea~ storm for a~l brooks, streams, and rivers up to exght (8) feet in width and two (2) feet in depth; and for a one-hundred (100) year storm for all br.ooks, streams, and rivers which exceed this size. (7) Site Screening. a) An immediate program of ~ite screening shall start when site preparatzon begins. b) A~l entrances shall be screened with exis- ting vegetation, evergreens, or other suitabl~ natural methods, so as to prevent a direct view into the earth removal area. c) All areas within' fifty (50) feet of a traveled way or abutting property lines shall be reforested immediately upon com- pletion of the earth removal operation of that area. Said reforestation shall be done in accordance with the North Andover Tree DePartment. A minimum of One Hundred-fifty (150) trees per acre shall be used for this reforesta- tion. -48- Areas which are to be used for agricultural purposes after earth removal operations are completed may be reforested in the following manner: Trees shall be planted twenty-five (25) feet deep from the road or property line. The remaining area shall immediately be planted with grass or other suitable agri- cultural planting material. (8) Access Roads. a) All access roads shall be level with inter- secting streets for' a'distance of sixty (60) feet. b) c) A STOP sign shall be installed so as to warn any vehicle entering onto a Town street. All access roads shall be equipped with a suitable locking gate to prevent unauthori- zed entry. (9) site Maintenance. a) No open face excavation shall exceed twenty- five (25) feet in height. b) No excavation shall be closer than fifteen (15) feet to a property line. c) No slope shall exceed a two (2) foot hori- zontal to a one (1) foot vertical (2:1) grade. (10) Temporary Buildings. a) Ail temporary structures shall be specified in the Special Permit application and shown on the plan. b) Any structure erected on the premises for use by personnel or storage of equipment shall be located at least forty (40) feet from any existing roadway and at least thirty (30) feet from any lot line. 5.8 c) Any temporary structure will be removed no ilater than ninety (90) days after the ex- piration dat~ of the Permit. (11) Mechanical Crushing and Screening.. a) All crushing and screening Permits shall be granted for a period not to exceed six (6) months.- b) Said Permits shall be granted as a cleanup procedure only. c) Washing of Processed material will not be allowed. d) Operation of crushing or screening equipment shall be from 7=30 a.m. until 5=00 p.m., Monday through Friday. e) All crushing and screening equipment shall be equipped with suitable dust and noise control devices. P~storation Standards (1) All restoration must be completed within sixty (60) days after the termination of an Earth RemoraI Permit or by the first of June if the Permit terminates between December first through MarCh thirtY-first. (2) No slope shall be left with a grade steeper, than a two (2) foot horizontal to a one (1) foot vertical (2:1). (3) All siltation basins Shall be filled with earth, and a natural drainage pattern must be re-estab- lished. No area upon the site which will collect water shall remain unless approval is granted by the Board or unless the area was shown on the original application plans. (4) All topsoil which was on the site prior to earth removal operations shall be replaced to a minimum depth of six (6) inches on all disturbed areas. Sites that had less than six (6) inches of topsoil shall be restored with a minimum of four (4) inches over the entire area. -50- 5.9 (5) (6) (7) Seeding - The entire area shall be seeded with grass or legume which contains at least sixty percent (60%) perennials. The planted area shall be protected from erosion during the es- tablishment period using goo~ conservation practices. Areas which washout are to be re- paired immediately. Reforestation - All areas which are disturbed in the earth removal operation shall be re- forested with fifty percent (50%) coniferous and fifty percent (50%) decidous trees planted at the rate of one hundred fifty (150) trees per acre. Ail trees used are to be a minimum of two (2) year transplants. Said planting shall be in accordance with the recommendations of the North Andover Tree Department. Areas which are to be used for agricultural purposes after earth removal operations are completed may be reforested in the following manner= a) Trees shall be planted twenty-five (25) feet deep from a public road or property line. b) The remaining area shall immediately be planted with grass or other suitable agri- cultural planting material. Permits issued by the Building Inspector for soil removal incidental to construction or for special purposes are exempt from reforestation para- graph. Within ninety (90) days of completion of opera- tions, all equipment, accessory buildings, structures, and unsightly evidence of operation shall be removed from the premises. Security Requirement There must be filed with the Town Treasurer, a continuous bond or deposit of money in the minimum amouht of One thousand dollars ($1,000) per acre to be excavated, and shall be of a sufficient amount to cover ten (10) acres, or the total parcel, whichever is smaller, as determined by and satisfactory to the Board. (2) After completion of the total project, and at -51- the applicant's written request, the Board may grant a partial release of any security posted by the applicant. One (1) year after such a partial release is granted and if in the opinion of the Board, no damage or deterioration to the finished project has developed, the Board will issue a final release of the security. If, during the year following the date of a partial release, slumping, gullying, erosion, or any other unsatisfactory condition appears, the applicant shall be responsible for, and shall make'any necessary repairs, before final release of security is granted. The bonding agent shall be required to give the Board of Appeals, by Registered or Certified mail, a sixty (60) day notice prior to any termination or cancellation of the Bond. I i I I I I I (1) -52- SIGNS AND OUTDOOR LIGHTING RE~ULA?I~$ Authority and Interpretation This By-Law is adopted as a general By-Law pursuant to Chapter 93, Sections 29-33 inclusive, as: amended, and a Zoning By-Law pursuant to Chapter 40-A, 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 interests and purposes defined in Section 6.2 of this By Law. Purposes The regulation and restriction of signs within the Town of North Andover in order to protect and enhance the visual environment of the Town for purposes of safety, convenience, informa- tion, and welfare of its residents. (2) The restricting of signs and lights which over- load the public's capacity to receive informa- tion, which violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision. (3) To encourage signage'and lighting which aid communication, orientation, identify activi- ties, express local history and character, serve educational purposes for the public good. ~ (4) The reduction of visual and informational con- flict among private signs and lighting and between the private and public information systems. Pefinitions (1) ACCESSORY SIGN - A sign that a~vertises acti- vities, goods, products, or a specific use, owner, or tenant, available within the building or on the property on which the sign is located, or advertises the property as a whole or any part thereof for sale or rent. I (2) B%IILDING FROIITAGE - The length in feet of a. ground floor level Of a building front or side facing a street (or facing a right-of-way accessibl~ from a street) that is occupied by an individual business. (3) DIRF~TIOIlAL SI(~I - A non-accessory sign con- raining no advertising and giving d}rection to co~unity (non-commercial) activities, buildings, areas, such as churches, schools, playgrounds, museums, historical sites, public buildings, ~etc. (4) DISPLAY W~NDOW SI6~$ - Temporary signs on the surface of or inside display windOWs, lighted only by the general building ill,,mination. (5) ERECT - Shall mean and include to construct, place, relocate, enlarge, alter, attach, suspend, and post. (6) F~AGPO~.~- - A pole erected on a roof, or pro- jecting from a building or structure or on the ground. (7) FREF3T~ING $I(~W - Shall mean and include any sign not attached tO a building or the ground. (s) GROITND SIGN - Any sign erected on the ground which is self-supported and anchored to the ground. (9) I~wzJ~4INATED SIGN - Illuminated sign shall mean any sign illuminated by electricity, gas, or other artificial light including reflective or phosphorescent light and shall include location of source of illumination. (10) MARQ~'EE - AnY sheltering structure of permanent construction projecting from and totally sup- ported by the wall and/or roof of a building. (11) NOli-ACCZSSORY SIGN gl Any sign that is not an accessory sign. (12) PERMAN-~T SIGN - Any sign permitted to be erected and maintained for more than sixty (60) I I t I I i i days. (13) PRIMARY SI(~! - The principal accessory sign which may be a wall, roof, or ground sign, as allowed in Section 6.6. (14) PROJECTING SIGN - Any sign which is attached or suspended from a building or other structure and any part of which projects more than twelve (12) inches from the wall surface of that portion of the building or structure. (15) ROOF SIGN - Any sign erected, constructed, and maintained wholly upon, connected to, or over the roof or parapet of any building with the entire support on the roof or roof structure. (16) SECONDARY SIGN - Is a wall, 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. (17) SIGN - A sign is any structure, mechanically or electrically driven, still or moving device, light, letter, figure, word, model, banner, pennant, tradeflag, or representation that is designed to be seen from outside the lot on which it. is erected. It advertises activities, goods, places, persons, objects, institutions, organizations, associations, businesses or events, products, services, or facilities available either on the property where the sign appears or in some other location. The definition includes electric signs in windows or doors, but does not include window displays of merchandise. A sign may be permanent or temporary. (18) SIGN SIZE (area) - The surface area of any sign is the entire area within a single continuous perimeter enclosing the extreme limits of lettering, representation, emblems, or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included. 6.4 -55- (19) W~Tz. SI(IN - Any sign affixed to, susPended from or painted on a wall, window, marquee, or parapet. Ad~inistriation and Enforcement Enforcement - The Building InsPector is hereby designated as the Sign Officer amd is hereby charged with the enforcement of this. By-Law. a) The Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which any sign is erected or maintained in order to inspect said sign. b) The Sign Officer is further authorized, upon notice as herein provided, to order the repair or removal of any sign which in his judgment is a prohibited non- accessory sign, or is likely to become dangerous, unsafe, or in disrepair, or which is erected or maintained contrary to this By-Law. The Sign Officer shall serve a written notice and order upon the owner of record of the premises where the sign is located and any ad- vertiser, tenant, or other persons known to him having control of or a substantial interest in said sign, directing the repair or removal of the sign within a time not to exceed thirty (30) days after giving such notice. If such notice and order is not obeyed within such period of time, the Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of credential~, have the power to enter upon the premise~ on which said sign is erected or maintained and repair or remove, or cause to be re- paired or removed, said sign. All ex- penses incurred by the Sign Officer and his duly authorized agents in repairing or removing any sign shall be assessable against any person who failed to obey said notice and order and shall be re- I I t I ! I I -56- covetable in any court of competent juris- diction if not paid within thirty (30) days after written notice of assessment is given by the Sign Officer to any such person. (2) Permits: (3) a) No permanent sign shall be erected, 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, alteration, or en- largement has been issued by him. Such permit shall be issued only if the Sign Officer determines that the sign complies or will comply with all applicable provisions of this By Law. Reports to Outdoor Advertising Board and the Public: On or before May 1 in each year, the Sign Officer shall prepare and certify a list of all non-accessory signs within the Town which do not conform to the require- ments of this By-Law. Such list shall specify for each such sign the permit 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 non-conformance, including a citation to the applicable provisions of this By-Law. A copy of such list shall be delivered or mailed by that date to the Outdoor Advertising Board and shall be posted for a period of at least three months, beginning on May 1 in each year, in the office of the Town Clerk. b) The Sign Officer shall keep records of all actions taken pursuant to this By-Law. He shall make an annual report to the Town listing.all such actions and any apparent violations of this By-Law. (4) Non-conformance of Accessory Signs~ Accessory signs legally erected before the adoption of this By-~aw which do not conform to the provisions o~ this By Law may'continue to be maintained, provided, however, that no such sign shall be permitted if it is, after the adoption of this By-Law, enlarged, reworded (other than in the c~se.of theater or cinema signs or signs with periodically changing messages)..regesi~ned or altered in any way, including repalntlng in a different color, except t~ conform to the re- quirements of t~isBy-Law, and provided further that any such sign which has deteriorated or been damaged to such an extent ~hat the cost of restoration would exceed thirty five percent (35%) of the replacement cost of the sign at the time of the restoration shall not be re- paired or rebuilt or altered except to conform to the requirements of this By-Law. Any ex- emption.shall terminate with respect to any sign which= a) shall have been abandoned~ b) advertises or calls attention to any . prodUcts, businesses or activities which are no longersold or ca, tied on, whether or at the particular premises~ or generally c) shall ~ot have been repaired or properly ~ai~talned Within thirty (30) days after notice to that effect has been given by the Sign Officer. 6.5 All° Signs · .(1) Residence Districts. · Accessory Signs a) One sign displaying the street number and/ or name of the occupant of the premises not exceeding 1 square foot in area. Such sign may include identification of an accessory professional office, home occu- pation, or other accessory uses permitted b) c) d) e) f) g) h) in a residence district. One unlighted, temporary "For Sale" or "For Rent" sign not exceeding 6 square feet in area and advertising only the premises on which it is located; to be removed fourteen (14) days after sale, rental or lease. One unlighted contractor's sign, not ex- ceeding 12 square feet in area, maintained on the premises while construction is in process and containing information relevent to the project. Such sign shall be removed promptly after completion of the con- struction. One unlighted identification sign at each public entrance to a subdivision not ex- ceeding 12 square ~eet in area; to be re- moved when the subdivision is completed. One identification sign at each public en- trance to a multi-family development-not exceeding 12 square feet in area. Bulletin or announcement boards, identifi- cation signs or entrance markers for a church, synagogue, or institution, not exceeding a combined total of 30 square feet and provided that there shall be no more than two (2) signs allowed on the premises. One sign for a non-residential use that is a permitted use, a use allowed by Special Permit, or a legal non-conforming use. The sign may be no more than one-half the area that would be allowed if the sign were in a business or industrial district. Accessory, professional, home occupation, and other permitted uses are subject to Section 6, Paragraph 6.5 (1) a). Notwithstanding any other provisions of this By-Law, signs may be erected for posting land; ie., no hunting, no tres- passing, etc. (2) Residence Districts: Non-accessory Signs (3) -59- a) Directional signs by Special Permit from the Board of Selectmen, limited as follows: Two signs for each activity, not ex- ceeding 6" x 30" in size. Ground signs not exceeding 8 feet in height. b) Street banner or signs advertising a public or charitable entertainment or event, by Special Permit from the Board of Selectmen. Such a sign shall be removed within seven (7) days after the event. Business and Industrial Districts: Accessory Signs a) All signs permitted in residence districts as provided in Sections 6.51 and 6.52. b) Each owner, lessee, or tenant shall be allowed a primary and a secondary sign. Said signs may be used as ground, wall, or roof signs. No lot shall be allowed to have more than one~ (1) ground sign structure. c) Traffic control, orientational and guidance signs located on private property, up to 4 square feet in area, displayed for pur- poses of direction or convenience, in- cluding signs~identifying parking, fire 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 de- termined on the basis of 1 square foot for each establishment occupying the building. e) One unlighted, temporary real estate sign of up to 12 square feet pertaining to the sale, rental or lease of the premises~ to be removed within fourteen (14) days of sale, ! I I I i .I I I I i I I I I I I I t rental or lease. g) Service stations or garages may divide the allowed wall sign area into separate, smaller wall signs indicating separate oper- ations or departments. The allowed ground sign area may be divided between one~ ground sign and one free-standing sign. Two additional primary ground signs may be allowed by Special Permit from the Special Permit awarding authority. Display window signs covering no more than 20 percent (20%) of the dispaly window area. 6.6 Sign Regulations (1) 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 con- ditions for motorists of offending pedestrians or neighboring premises: a) by a steady stationary light of reasonable intensity shielded and directed solely at the signl b) by an internal light of reasonable inten- sity; or, c) by neon or gas-filled tubes. (2) Outdoor Lighting All 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 directly visible to any point beyond the lot lines of the premises. (3) Letter Size a) Primary Signs -61- 1. Wall or roof sign= 1/2 inch of letter height allowed per foot of building frontage with a maximum of seven (7) feet. Eighteen (18) inch height allowed if the building frontage is less than thirty-six (36) feet. 2. Ground sign: Eighteen (18) inch maximum letter height allowed. b) Secondary Signs Eight (8) inch maximum letter hei,ght allowed. I I I c) Logos Twice letter height allo~ed but limited to seven (7) foot maximum height. (4) Sign Size a) Primary wall and roof signs attached to or part of the architectural.design of a building shall frontage multiplied by the height. b) A primary ground sign shall be limited to one (1) square foot for each five (5) linear feet 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 be limited to oneThalf (1/2) the area permitted for a primary sign. d) Only one ~ide of a d~uble-faced sign shall be included in calculatxng surface area; providing that the two (2) 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. (5) Sign Height and Location a) Corner Lots - the owner of the premises shall be I I I not exceed, in total area, mor~ tha9 ten percent (10%) of the area.of the two dlmens~onal eleva- tion of the building as determined by the building -62- allowed to choose the street orientation of allowed signs. b) No wall or roof sign shall extend more than four (4) feet above the lowest point of the roof of the building with which it is associated. c) No wall or roof sign shall overhang the public way more than twelve (12) inches. 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 twenty (20) feet above grade. 6.7 Prohibitions (1) No sign shall contain any moving, flashing, or ani- mated lights, or visible moving or moveable parts, except such portions of a sign as consist solely of indicators of time and/or temperature, or which have historic significance. (2) No sign shall be erected, displayed, or maintained: a) Upon any rock, tree, fence, or utility pole; b) If it contains any obscene, indecent, or immoral matter; c) Unless all parts and attachments and the ground about the base thereof are kept in neat and safe conditions. (3) No sign shall be permitted or allowed to be so lo- cated as to obstruct a view of the rights of way at a corner of intersecting streets or at an entrance to a street. (4) No sign shall obstruct any means of egress from a building. (5) No sign shall detract from the effectiveness of a traffic signal. (6) No political sign shall be maintained or erected in-the town. -63- The invalidity of any 'section or provision o[ this By-Law shall not invalidate any other section or provision here- of. (8) Non-accessory signs are prohibited except for directional signs as allo~ed in Section 6.52. (7) Projecting signs are prohibited. -64- SECTXO~ 7 7.1 LOt Area Minimum lot areas for such uses in each district shall be as set forth in Table 2, Summary of Dimensional Require- ments, which is hereby made part of this By-Law. 1) In determining the fulfillment of the minimum area and minimum street frontage of a lot required in any zoning district, there sbmll not be included any land within the limits of a street upon which such lot abuts even if the fee to such street is in the owner of the lot; except that if a corner lot at its street corner is bounded in part by a segment of curved line not more than seventy-five (75) feet in length connecting other lines bounding such lot which if extended would intersect, the area and frontage required in such lot shall be computed and if such potentially intersecting lines were so extended; but if a curved line more than seventy-five (75) feet in length is the whole of any one boundary line of a lot, the minimum area and minimum frontage required shall be determined entirely within the lines bounding such lot, including such curved line. 2) No lot, upon which is then located any buildings or with respect to which a permit has been issued and is then outstanding for the erection of any building, shall be subdivided or reduced in area in any manner unless said lot shall thereafter fulfill the lot area, street frontage and yard space requirements of this By-law except as may be permitted otherwise by the provisions of a variance granted by the Board of Appeals. If land be subdivided, conveyed, devised or otherwise transferred in violation hereof, no building permit or other permit shall be issued with reference to any of the land so transferred or to the lot(s) retained until all of such land and lots meet the requirements of this Zoning By- Law. Any land taken by eminent domain or conveyed for a public purpose for which the land could have been taken shall not be deemed to be transferred in violation of the provisions hereof. 7.2 Street Frontage Minimum street frontage shall be as Set forth in Table 2. In no case shall actual street frontage at the street line b~ less than seventy-five (75) feet. Corner lots shall be required to have the required frontage only on I one street. 1) ~inimum street frontage exceptions for larger lots: :1 notwithstanding t~e above provisions, a lot in any residential district need not have the specified amount of street frontage, provided that= The area of the lot exceeds by three (3) times the minim~ lot area required for that district; b) The lot has a minimu~ continuous street frontage of not less that fifty (50) feet and a width of not less than fifty (50) feet at any point be- tween the street and the site of the dwelling; c) There is .not more than one other such lot with frontage contiguous to ity and d) It is not so located as to block the possible future extension of a dead end street. 7.3 Yar4s (Getl~cks) Minimum front, side and rear setbacks shall be as set forth in Table 2, except for eaves and uncovered steps. Buildings on corner lots shall have the required front setback from both Streets, except in Residence 4 (R-4) District, where the setback f=om the side street shall be twenty (20) feet minimum. 7.4 Heights Maxim~m heights of buildings and structures shall be as set forth in Table'.2. The foregoing limitations of height in feet in 'the designated zoning districts shall not apply toz 1. Farm buildings'on farms of not less than ten (10) acres. Nor shall they apply to chimneys, ventilators, sky- lights, tanks, bulkheads, penthouses, processing towers, and other accessory structural features usually erected at a height greater than the main roofs of any building. 3. Nor to domes,~bell towers, or spires.of churches -66- or other buildings, provided all features are in no way used for living purposes And further provided that no such structural feature of any non-manufacturing building shall exceed a height of sixty-five (65) feet from the ground. Nor of a manufacturing building a height of eighty- five (85) feet from the ground. 7.5 Lot Coveraqe Maximum lot coverage by buildings shall be as set forth in Table 2. Lot coverage shall mean the percent, of the lot covered by principal and accessory structures. 7.6 Floor Area Ratio Maximum floor area ratio (FAR) shall be as set forth in Table 2. FAR is the ratio between the total amount of building floor area on all usable floors and the area of the lot on which it is located. 7.7 Dwelling Unit Density Maximum dwelling unit density (dw. elling units per acre) shall be as set forth in Table 2. 7.8 ~xcept i The residential lot areas and frontages above required and listed in Table 2 shall not apply in any residence district to any lot of less area or less frontage than above required if such lot be not adjoined by other land of the same owner, available for combination with or use in connection with such lot, provided that the applicant for a building permit on any such lot shall show by citations from the Essex County Registry of Deeds incorporated in or attached to such application that such lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 and provided that on sUch a lot there shall be kept open and not built upon a front yard and a rear yard each not less than 20 feet deep, and two side yards, each not less than 12 feet wide: and further provided that such lot shall have a minimum street frontage of 50 feet and a minimum lot area of 5,000 square feet. -67- In Residence 4 (R-4) Districts only, two or more vacant lot~ mutually adjoining, may with a Special Permit from the Board of Appeals be ~ermitted to be combined into a new lot or lots of not less than 10,000 square feet area each, and with not less than 100 feet street frontage, provided it be shown to the Board of Appeals that each of said vacant lots before combination was of less area or less frontage than required herein and, by citations from the Essex County Registry .of Deeds, that each such lot was ! ! lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 and the Building Inspector shall .permit the construction of one single family dwelling on each such 10,000 square foot lot. 3. Notwithstanding any other provisions of law, no amendment to this Zoning By Law shall apply to or affect the size, shape, or frontage of any lot shown on a plan of a subdivision as defined .in Section 81-L of Chapter 41 of the General Laws if the plan of such subdivision has been finally approved by the Planning Board and duly recorded pursuant to said Chapter 41 prior to such Zoning By Law amenament, for a period of five (5) years from the date of endorsement of the definitive plan by the Planning Board. ! 1. Front setback shall be a minimum of 100 £eet along Route 114, I regardless of district, .and 100 feet along Route 125 in Industrial 1 and. 2 Dis.trlcts; the first 50 feet of front I setback under this requirement shall be planted and landscaped and no parking shall be permitted. 2. Adjacent to residential distr~cts, an additional 15 foot side or rear setback shall be requ/red. The first 15 feet of the e total setback abutting the residential district shall remain and green, be suitably landscaped, unbuilt upon, unpaved open and not parked upon. In the Business 2 District, the side yard requirement may be eliminated when two (2) adjoining property owners agree to share a party wall. Adjacent to residential districts, the required side or rear setback shall be 100 feet. The first 50 feet of such setback abutting the residential district shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon. -If an enclosed parking structure is provided, lot coverage may be increased up to the amount of such parking area but not to exceed a total coverage of 45%. Minimum lot size for a townhouse complex shall be 43,560 square 'feet although individual townhouse lots may be a minim,,m of 3,000 square feet. Minimum lot size for an apartment complex shall be 60,000 square feet. Dimensional regulations for townhouse complexes shall meet the requirement of the Residence 5 District; individual townhouses within the complex, however, shall be regulated as follows: Minimu~ Street Frontage: 18 Feet ! I I I I I Minimum'Front Setback: Minimum Side Setback= Minimum Rear Setback: 30 Feet None required where a party wall is constructed between units; otherwise a 25 foot side setback shall be provided. 30 Feet I I I Maximum Floor Area Ratio= 1.20:1 Maximum Lot Coverage: 35% Maximum Number of Contiguous Units: 10 The following additional requirements shall apply when apartments or townhouse complexes are constructed in this district: a) There shall be a paved driveway or paved walk adequate to I I I ! accommodate emergency vehicles within 50 feet of the out- side entrance of each dwelling unit. b) Any ~oad providing access to townhouses or lots intended for townhouses shall conform to the Subdivison Control Regulations of the Planning Board. c) Any road providing access to more than 18 apartment dwelling units or more than 24 parking spaces shall con- form to appropriate provisions of the Subdivision Control Regulations as if it were a minor residential street. Before issuing a building permit in such cases, the Building Inspector shall obtain a report from the Planning Board on the extent of such 6onformity. d) Maximum height (apartment building): 40 feet. e) Maximum stories of living quarters (apartment building): 3. f) Maximun units per structure (apartment building): 18. In Residence 4 Districts only, f=ont setback may be the average of all front setbacks of dwelling units within 250 .feet on either side of lot. Buildings on corner lots shall have the required front setback from both streets except in the Residence 4 Districts, where setback from the side street shall be a minimum of 20 feet. Nursing and convalescent homes shall have at least 600 square feet of lot area per bed. Minimum lot size for such homes in R 1, R 2, and R 3 Districts shall be 2 acres. 10. Where a public sanitary disposal site is the primary use,. the setback area shall be used to provide a screening, natural or artificial, from adjacent residential use of public roadway. 11. Where a public sanitary disposal site is the primary use, an increase up to 100% of the lot coverage shall apply, not including the setback areas. SECTX(:~ 8 SUPPLEHI~TARY RE(~JLATXGHS off Street Parking 1. Whenever a building is erected, reconstructed, moved or expanded or if a change in use occurs so as to increase its floor area and/or design capacityf there shall be provided on the same lot with s~ch building or on a lot contiguous thereto (or within 100 feet thereof) in the same ownership as the parcel containing the primary use, a sufficient number of open or covered parking ~paces to satisfy the requirements of the following schedule for the new building or increased design capacity Of floor area: Use One or two-family residence Multi-family residence All other places with sleeping accomodations including rooming houses, hotels, motels, hospitals, nursing homes, etc. Auditoriums, theaters, athletic fields, funeral parlors, and other places of assembly. ainisus Spaces .acquired One space per dwelling unit 1.50 spaces per dwelling unit for two or more bedrooms. 1.25 spaces per dwelling unit of less than two bedrooms. 0.50 spaces per dwelling unit for units designed and occupied for the elderly under govern- ment assisted programs. Restaurants and other eating and drinking places. Retail store-and service establistuaents. One space per sleeping room for single or double occupancy. (If occupancy exceeds two per room, one space per two beds shall be provided.) One space for each four persons based on design capacity of the facility. ! ! One space for each three seats. Six spaces per 1,000 square feet of net ground floor area (excluding storage area), ex- cept five spaces per 1,000 square feet of net ground floor area (excluding Storage -69- area) in Business 1 and 2 and General Business. Establish- ments · located within 350 feet of a municipal parking lot shall have 50 percent of the required number of parking spaces. Offices, research facilities Warehousing, wholesaling, distributing Manufacturing, assembly, fabricating, etc. e In addition,.one-half the re- quirements for uses on the first story shall be required for each additional story. Three spaces per 1,000 square feet of net floor area (ex- cluding storage area). One space per '1,000 square feet of gross floor area. One space for each two employ- ees in the maximum working shift or one space for each 1,000 square feete of gross floor area, whichever is greater. The required parking for any two (2) or more uses or structures may be provided by the allocation of the total of the various spaces required for each use or structure in a common parking facility, cooperatively established and operated. The regulations of this section shall not apply to non-residential uses or structures whose minimum parking under the above schedule would amount to five -(5) parking spaces or less or residential uses or structures whose minimum parking would amount to two (2) parking spaces or less. If the Building Inspector is unable to identify a use with one (1) or more of the uses in the above schedule, application shall be made to the Board of Appeals for the purpose of determining a sufficient quantity of parking spaces to accomodate the automobiles of all customers, employees, visitors, occupants, members or clients consistent with the provisions contained in the above schedule. 5. The Board of Appeals may by variance make exceptions to the provisions of this section and, upon a written request of the owner and after a public hearing, authorize the Building Inspector to issue permit.~ for buildings .a~.d uses having less off-street parking than specified herein, whenever the Board of Appeals finds that under normal circnmstances such lesser off-street parking area would adequately provide for the needs of all persons using such building. Such exceptions may be limited as to time, use or intensity of use. ' 6. A parking space shall mean an area of not less than 9 x 18 feet accessible over unobstructed driveways. These spaces shall be graded and paved for all except one or t~o family residential uses. For multi-family, dwellings the front yard shall not 7. be used for par~lng ~or accessory uses. In all residential districts the front yard shall not 8. be used for parking for accessory uses. _ 9. In residence districts parking or outdoor storage of one (1) recreational vehicle (camper, etc.) and one (1) boat per dwelling unit may be permitted 'in an area to the rear of the front line of the building. All other recreational vehicle and boat storage (if any) shall be within closed structures. 10. Loading facilities prOvided for any use shall be sized, located, arranged, and of sufficient number to allow service by the type of vehicle customarily expected for the use while such vehicle is parked Completely clear of any public way or sidewalk. I I I I station wagons, but not counting farm trucks nor motor-powered argicUltural implements on an agriculturally active farm or orchard on which such vehicles are parked. Commercial vehicles in excess of one (1) ton capacity shall be garaged or screened from view of residential uses within three hundred (300) feet by either: a) A strip at least four (4) feet wide, densely planted with trees or shrubs which are at least I I I 11. In residence districts garaging or off-street parking of not more than four (4) motor vehicles per dwelling unit may be permitted, of which four (4) motor · vehicles, not more than two (2) may be commercial vehicles other than passenger sedans and passenger ! four (4) feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six (6) feet high within three (3) years, or b) An opaque wall, barrier, or fence of uniform appearance at least five (5) feet high, but not more than seven (7) feet above finished grade. c) Such screening shall be maintained in good con- dition at all times, and shall not be permitted to exceed seven feet in height within required side yards. Such screening or barriers may be interrupted by normal entrances or exits and shall not be required within ten (10) feet of a street lot line. Garaging or off;street parking of an additional two (2) commercial vehicles may be allowed by Special Permit. When it is deemed to be in the public good, parking for additional pleasure vehicles may be allowed by Special Permit. 12. Site Plan Review For the purpose of administering the provisions of this by Law, to ensure the most advantageous use of all properties, and for the reasonable protection of the legitimate interests of adjoining property owners and occupants, for any new building or structure in a Business or Industrial District or for the rehabilitation of an existing building for commercial use in any district requiring more than ten (10) parking spaces in accordance with the provisions of this By Law, shall require a site plan prepared Dy a professional architect, engineer, or landscape architiect, along with nine (9) copies to be submitted with the builidng permit application. Such plans shall be referred to the Planning Board for distribution to each appropriate Town Board and Department for their review and recommendations. The Site plan shall consist of: a) compliance with the requirements for parking and loading spaces for lot size, frontage, yards and heights and coverage of buildings, and all other provisions of this By Law; -72- ! ! b) c) d) e) f) convenience and safety of vehicular and pedes- trian movement on the site, and for the location of driveway openings in relation to street traffic= adequacy as to the arrangement and, where not herein specified,, the number of parking and loading spaces in relation to the proposed uses of the premises= I I I arrangement, design and appearance of proposed buildings, structures, free-standing or ground signs, screening and landscaping~ adequacy of the methods of the site for waste disposal, surface and sub-surface drainage, and lighting. location of wetland areas and existing and pro- posed topography. 8.2 Automobile Service. Statio~s and Other Automotive Services ! I Automobile service and filling stations, automobile re- pair shops, body shops and painting shops, tire stores, radiator shops or any of their appurtenances or access- ory uses shall not be erected, placed or located within fifty (50) feet of any residence district or residence structure. · In addition, the use or structure shall conform to the following requirements (in'addition to district require- ments): 1. The minimum frontage on a street shall be one hundred and fifty (150) feet. The maximum width of driveways and curb cuts measured at the street lot line or lines shall be thirty (30) or barriers may be interrupted bi. normal entrances or exits and shall'notbe'frequir-e~--W.~h~i~'~-t./en{10) feet of a str'~iin~. - .... '-~ ' SECTI0~ 9 NO~-CONFOI~IN~ USES 9.1 Continuance Any non-conforming building, structure, or use, as defined herein, which lawfully existed at the time of passage of the applicable provision of this or any prior By Law or any amendment thereto may be continued subject to the provisions of this By Law. Any lawfully non-conforming building or structure and any lawfully non-conforming use of building or land may be continued in the same kind and manner and to the same extent as at the time it became lawfully non-conforming, but such building or use shall not at any time be changed, extended or enlarged except for a purpose permitted in the Zoning district in which such building or use is situated, or except as may be permitted by a Special Permit or otherwise by the North Andover Board of Appeals. Pre-existing non-conforming structures or uses, however, may be extended or altered, provided that no such extension or alteration shall be permitted unless there is a finding by the Board of Appeals that such change, extension, or alteration shall not be substantially more detrimental than the existing non-conforming use to the neighborhood. 9.'2 Alteratin or Extension A use or structure housing a use, which does not conform to the regulations of this By Law but which did conform to all applicable regulations when initially established shall not be changed, extended, or enlarged except in accordance with the following provisions= Such change shall be approved by a Special Permit or otherwise by the Board of Appeals. Such change shall be permitted only upon the same lot occupied by the non-conforming use on the date that it became non-conforming. 3. Any increase in volume, area, or extent of the non- conforming use sh~lI not exceed an aggregate of more than twenty five percent (25%) of the original use. 4. No change shall be permitted ~which tends to lengthen the economic life of the non-conformity longer than a period reasonable for the.amortization of the initial -74- investment. 9.3 Rebuilding After Catastrophe Any non-conforming building or structure destroyed or damaged by fire, flood, lightning, wind or otherwise to the extent of sixty-five percent (65%) or more of its reproduction cost at the time of such damage shall not be rebuilt, repaired, reconstructed nor altered except for a purpose permitted in the zoning district in which such building is located, or except as may be permitted by a Special Permit or otherwise by the Board of Appeals acting under G.L. Chapter 40-A. 9.4 Abandonment If any lawfully non-conforming building or use of a building or land be at any time discontinued for a period of two (2) years or more, or if such use 'or building be changed to one conforming with the North Andover Zoning By Law in the district in which it is located, it shall thereafter continue to conform. -74- 10.1 Enf or~ment The North Andover Zoning By Law shall be enforced by the North Andover Building Inspector. The Building Inspector, upon being informed in writing of a possible violation of this By Law or on his own initiative, shall make or cause to be made an investigation of facts and an inspection of the premises where such violation maYexist. If the Building Inspector is so informed in writing and declines to act, he shall within fourteen (14) days of his receipt of such information give to his informant, in writing, his reasons for refraining from taking any action. The Building Inspector, on evidence of any violation after investigation and inspection, shall give iwritten notice of such violation to the owner and to the occupant of such premises, and the Building Inspector shall demand in such notice that such violation be abated within such reasonable 'time as may be given by mail addressed to the owner at the address appearing for him on the most recent real estate tax records of North Andover, and to the occupant at the address of the premises of such seeming violation. If, after such notice and demand, such violation has not been abated within the time specified, the Building Inspector or the Selectmen shall institute appropriate action or proceedings in the name of the'Town of North Andover to prevent, correct, restrain or abate any violation of this By Law. 10.11 Building Permit No building shall be erected, altered, moved, razed or added to in North Andover without a written permit issued by the Building Inspector. Such permits shall be applied for in writing to the Building Inspector. The Building Inspector shall not issue any such permit unless the plans for the building and the intended use thereof in all respects fulfill the provisions of the North Andover Zoning By Law (and other applicable town by-laws) except as may have been specifically permitted otherwise by action of the North Andover Board of Appeals, provided a written copy of the terms governing any exception so permitted be attached to the application for a building permit and to the building -75- permit issued therefor. One copy of each such permit, as issued, including any conditions or exceptions attached thereto, shall be kept on file in the office of the Building Inspector. In addition to the information required above, a plot plan shall indicate provisions for all other physical requirements of this ByLaw, including but not limited to off-street parking, screening and fencing. Upon granting a permit the Building Inspector shall cause a copy'to be posted on the property to which it relates in a conspicuous place. I I I I I 10.12 Certificate of Use and Occulmncy No building hereafter erected, enlarged, extended, or altered shall be used or occupied in whole.or in part until a Certificate of Use and Occupancy has been issued by the Building Inspector. No building or land changed from one use to another, in whole or in part, shall be occupied or used until a Certificate of Use 'and Occupancy has been issued by the Building Inspector. This certificate shall certify compliance with the provisions of this By Law and of all applicable Codes (1974). 10.13 Penalty for Violatio~ Whoever violates any provisions of this By Law shall be punished by a fine not exceeding Twenty Dollars {$20.00) for each offense. Each day that such violation continues shall constitute a separate offense. 10.2 Board of APPeals I 10.21 Appointment and OrganiZation There shall be a Board of Appeals of five (5) members and not more than three (3) Associate Members, which shall have and exercise all the powers provided under G. L. Chapter 40-A, 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 by statute. The Board of Appeals members and ~ssociate Members shall be appointed by the Selectmen in the manner provided by statute. -76- Within two (2) weeks of the beginning of each calendar · year, the Zoning Board of Appeals shall organize and elect a Chairman and Clerk from within its own membership. The length of terms of the members of the Board of Appeals shall be such that the term of one member expires each year. A member of the Board of Appeals may be removed for cause by the Board of Selectmen only after written charges have been made and a public hearing has been held. Vacancies caused by dismissal, resignation, death or any other cause shall be filled in the same manner as Zoning Board of Appeals members are appointed. 10.22 pOWers of the Board of Appeals The Board of Appeals shall have the following powers: 1. To hear and decide actions and appeals as provided herein; 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. 10.3 Special Permit The Special Permit Granting Authority shall adopt rules and regulations for the conduct of its business relative to the issuance of Special Permits. A copy of these rules and regulations shall be filed with the Town Clerk. The ~rules and regulations shall contain, as a minimum, a description of ~he size, form, contents, style and number of copies and number of plans and specifications to be submitted and t~e procedures for submission and approval of Special Permits. The Special Permit Granting Authority may grant a Special Permit within the framework of this By Law only after holding a public hearing which must be held within sixty-five (65) days after the applicant files for such Special Permit. The sixty-five (65) day period shall be deemed to have begun with the filing of the application with the Special permit Granting Authority. The applicant is responsible for transmitting a copy of the application for a Special -77- Permit within twenty-four (24) hours of the filing of the application with the Planning Board or the Board of Selectmen and to the Town Clerk. If an application for a Special Permit is to be. filed with the Board of Appeals, the applicant shall file the application with the Town Clerk, who shall transmit the application to the Board of Appeals within twenty-four (24) hours. 10.31 Conditions for Approval of Special perRit The Special Permit Granting Authority shall not approve any such application for a special Permit unless it finds that in its judgment all the following conditions are met: a) The specific site is an appropr'iate location for such a use, structure, or condition; I I ! b) The use as developed will not adversely · affect the neighborhood; c) There will be no nuisance or serious hazard to vehicles or pedestrians; I I I d) Adequate and al%propriate 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. 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: Requirements of front, side, or rear yards greater than the minimum required bY this By Law. I I I a) b) Requirements of screening parking areas or other parts of the premises from adjoining premises or from the street, by walls, fences, planting, or other devices as specified by the Special Permit Granting Authority; I I -78- 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. Special Permits granted under the provisions con- tained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced. If the applicant can show good cause why substantial use or con- struction has not commenced within the two (2) year period, the Special Permit Granting Authority, at its discretion, may extend the Special Permit for an additional one (1) year period. Included within the two (2) year period stated above, is the time required to pursue or wait the determi- nation of an appeal from the provisions of this ByLaw. The Special Permit Granting Authority may, within the guidelines for Special Permits contained here- in, allow accessory uses whether located on the same lot as the principal use or not, wherever necessary in connection with scientific research, scientific development or related production pro- vided that the Special Permit Granting Authority finds that the proposed accessory use does not substantially derogate from the public good. Within (90) days following the date of the public hearing, the Special Permit Granting Authority shall take final action in the matter in order to issue ~ny Special Permit provided for in this Zoning ByLaw. There shall be at least four (4) of the five (5) members of the Granting Authority voting in favor of issuing the Special Permit. 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 twenty (20) days have elapsed without filing of an appeal or that any appeal filed has been dismissed or denied; -79- b) The certified decision has been recorded at the owner's expense in the Essex County Registry of Deeds, indexed in the grant or indexed under the name of the record owner, and noted on the owner's Certificate of Title; c) If the Special Permit involves registered property, the decision, at the owner's expense, shall also be filed with the Recorder of the I I I Land Court. 7. The Special Permit Granting Authority 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, in- dicating 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 (14) days in the office of the Town Clerk and shall be a public record. Notice of ~h~ decision shall be mailed forthwith to the petxtloner or applicant, to the part,es in interest designated herein, and to every person present at the hearing who requested that notice was to be sent. Each notice shall specify that appeals, if any, shall be. made pursuant as to Section 17 of Chapter 40-A 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 complies with the statutory requirements for issuing variance). Certified copies of the decision shall be filed with the appropriate Special Permit Granting Authority and the Town Clerk. 10.32 Temporary Permit of Appeals may'grant a temporary Special The Board Permit for use or occupancy permit for a period of not more than one (1) year at a time, subject to a single renewal. Such permits shall be subject to conditions imposed by the Board related to safeguarding the character of the district affected and shall be processed in accordance with the procedures provided herein for the granting of Special Permits. 10.4 ~80- Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning By Law where the Board finds that owing to circum- stances relating to soil conditions, slope, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this By Law will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without hullifying or substan- tially derogating from the intent or purpose of this By Law. Additionally, an appeal may be taken to the Zoning Board of Appeals as provided herein by a person aggrieved by reas°n of his inability to obtain a permit or enforcement action form the Building Inspector, by the Merrimack Valley Planning Commission, or by any person including an officer or Board of the Town of North Andover, or an abuting city or town, aggrieved by any order or decision of the Building Inspector or other administrative officials in violation of any provisions of this By Law. Any petition for an appeal above must be taken within thirty (30) days of the date of the order or decision that is being appealed by filing a notice of appeal, specifying the grounds thereof with the Town Clerk, who shall forthwith transmit copies of the appeal to such officer or Board, whose order or decision is being appealed, and to the Zoning Board of Appeals. Such officer or Board shall forthwith transmit to the Zoning Board of Appeals all documents and paper constituting the records of the case in which the appeal is taken. No petition for a variance or appeals shall be granted until a public hearing is held on the matter by the Zoning Board of Appeals within sixty-five (65) days after the Zoning Board of Appeals receives the petition from the Town Clerk. The Zoning Board of Appeals must 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 variance or an appeal, 10.5 -81- I 1 four (4) of the five (5) members of the Board must concur. If the Zoning Board of.Appeals fails to act within the time limits specified herein, the petition for a variance or appeal shall be deemed 9ranted' . a) In the case of a variance, the Zoning Board of Appeals may impose Conditions, safeguards and limitations of time and use, however, these conditions cannot require continued ownership of the land or structure to which the variance pertains by the applicant, petitioner, or owner. Furthermore, if the rights authorized by the variance are not exercised within one (1) year of the date of the grant, they shall lapse and may be re-established only after notice and a new hearing. The Zoning Board of Appeals.shall cause to be made a detailed record of its proceedings indicating the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and setting forth clearly the reason or reasons whiCh shall be filed within fourteen (14) days in the office of the Town Clerk and shall be a public record. Notice of the decision shall be mailed forthwith to the petitioner, applicant, or appellant, to the parties in interest designated herein, and to every person present at the hearing who requested that notice be sent to him and stated the address to which such notice was to be sent. Each notice shall specify that appeals, if any, shall be filed within twenty (20) days after the date of filing of such notice in the office of the Town Clerk. The decision shall also contain the names and addresses of the owner, and identifica- ,tion of the land and/or structure affected (if a variance procedure - how the variance complies with the statutory requirements for issuing a variance). Certification that copies of the decision have been filed with the Planning Board and Town Clerk are required. Amendments to Zoning By Law This By Law shall be adopted and shall be amended from time to time by a two-thirds vote at an annual or special town meeting.' Amendments to this By Law may be initiated by submission of the amendment to the Board of Selectmen by any of the following: a) Board of I I I -82- Selectmen; b) Zoning Board of Appeals; c) by an individual owning land to be affected by the amendment; d) by request of registered voters of the town pursuant to Section 10, Chapter 39 of the Mass. General Laws: e) by the Planning Board: and f) by the Merrimack Valley Planning Commission. 10.51 Su~issio~ of a~-~t to Planning Board Within fourteen (14) days of the receipt of an application for a 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 thereon, if any, to the Town Meeting. Each warrant article to change the zoning map shall explicity 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 feet of the land area proposed to be changed as to zone; Also, a sketch'or other explicit identification of the location of such land in relation to the majority of the rest of the town. 10.52 Public ~earings Within sixty-five (65) days after ~eceipt of a proposed amendment from the Board of Selectmen, or within sixty- five (65) days after the receipt of an application for a Special Permit, the Planning Board or Zoning Board of Appeals, as the case may be, shall hold a public hearing, notice of which shall be published in a newspaper of general circulation covering the town once in each of two (2) successive weeks. The first publication may not be less than fourten (14) days before the day of the hearing, (the date of the public hearing shall not be counted in the .fourteen (14) days). Additionally, notification of the public hearing shall be posted in a conspicuous place in the North Andover Town Hall for a period of not less than fourteen (14) -83- days before the date of the hearing. Further, notification of the public hearing shall be sent to the Massachusetts Department of Community Affairs, the MerrimaCk Valley Planning Commission, and Planning Boards of all abutting cities and t.owns prior to public hearing date. Notice of the public hearing shall include: a) the time and place of hearing= b) the subject matter; c) the place where texts and maps may be inspected. 10.53 .Report by Planning Board No vote to adopt the proposed Amendment shall be taken by the Town Meeting until the report with recommen- dations by the Planning Board has been submitted to the Town Meeting or until twenty-one (21) days after said hearing has elapsed without submission of said reports or submissions. After such notice, hearing, and report, or after twenty-one (21) days shall have elapsed after such hearing, without submission of such report, the Town Meeting (annual or special) may adopt, reject, or amend any such proposed amendment. 10.54 Failure to A~opt If the Town Meeting'fails to vote to adopt any proposed By Law amendment within six (6) months after the hearing described heretofore, no action shall be taken thereon until after a subsequent public hearing is held with notice and report as heretofore provided. 10.55 Repetitive Petiti~ If any proposed By Law amendment thereto is acted upon unfavorably by the Town Meeting (annual or special), it shall not be acted upon again for a period of two (2) years from the date!' of the unfavorable action unless the Planning Board recommended in favor of the petition in the report. 10.56 Procedural Defects In accordance with Chapter 40-A, no claim or invalidity of this By Law or any amendment to this By Law arising out of a possible defect in the p~ocedure of adoption or amendment shall be made in any legal proceeding and no state, regional, county, or municipal officer shall kefuse, deny, or revoke any permit, approval, or certificate because of any such claim of invalidity unless such claim is made within one hundred twenty -84- (120) days after the adoption of the By Law or admendment. Notice specifying the court, parties, invalidity claim, and date of filing is filed together with a copy of the petition, with the 'Town Clerk within seven (7) days after commencement of the action. 10.57 Effect of Subsequent Amendments In the case of amendments to this By Law or changes in the districts or the boundaries subsequent to the date this By Law becomes effective, the right to continue the use or maintenance of any building, structure, or premises which was lawful when such amendment or change, except as provided by statute, specifically: that construction or operations, under a bUilding permit or Special Permit shall conform to any subsequent amendment unless the use or construction is commenced within a period of not less than six (6) months after the issuance of the permit, (the date of issuance shall be considered to be the date on which the building permit was issued or in the case of a Sp~ial Permit, the date on which the Planning Board voted final action) and in cases involving construction unless such construction is continued through completion as continuously and expeditiously as is reasonable. 10.6 Conflict of Laws In general, this ByLaw is supplementary to other North Andover By Laws affecting the use, height, area, and location of buildings and structures and the use of premises. Where this By Law imposes a greater restriction upon the use, height, area, and location of buildings and structures and the use of premises than is imposed by other By Laws, the provisions of this By Law shall control. 10.7 Validity The invalidity of any section or provision of this By Law shall not invalidate any other section or provision thereof. 10.8 Repetitive Petitions When 1) the Planning Board denies an application for a Special Permit; or, 2) the Board of Appeals denies a petition or a variance, no application on the same -85- I I matter may be heard and acted favorably Upon for a two (2) year period unless the following conditions are met: In the case of 1) above, four (4) of the five (5) members of the Planning Board find that there are specific and material changes in the conditions upon which the previous unfavorable action was based, and describes such changes in the records of its proceedings, and only after a public hearing at which such consent 'will be considered and after notice is given 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 (2) year period of time I I I I I unless four (4) of ~the five (5) members of the Zoning find that the~e are specific and Board of Appeals material changes in the conditions upon which the previous unfavorable 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 re-petition the Zoning Board of Appeals will be considered and after notice'is given to parties in interest and only with four (4) of the five (5) members of the Planning Board voting to grant consent. 10.9 Withdrawal Without~preju~ice Any petition for a variance which has been.transmitted to the Zoning Board of Appeals or any application for a Special Permit which has been. transmitted to the Planning Board may be withdrawn, without prejudice, by the petitioner prior to the publication of notice of a public hearing thereon, but thereafter be withdrawn without prejudice Only with aPproval(majority vote) of the Zoning Board of Appeals or .Planning Board repsectlvely _ 86 PLANNED DEV~.OPMF/PT DISTRICT 11.1 Jurisdictio~ The Planning Board may grant a Special Permit for construction of a PDD in the following district: I-S. The Special Permit. shall conform to this By Law and to G. L. Chapter 40-A, Section 9, and to regulations which the Planning Board shall adopt for carrying out its duties hereunder. Except as set out hereunder, or in the Planning Board's regulations, or in a specific permit granted hereunder, the provisions of the Zoning By Law shall continue to govern. 11.2 Purpose The purpose of the PDD District is to provide for a mixture of land Usage at designated locations at greater density and intensity than would normally be allowed provided that said land usage: 1. Does not detract from the livability and aesthetic qualities of the environment. 2. Is consistent with the objectives of the Zoning By Law. 0 Promotes more efficient use of land while pro- tecting natural resources, such as water re- sources, wetlands, floodplains, and wildlife. 4. Promotes diverse, energy-efficient housing at a variety of costs. 11.3 1. Pre-application Conference Prior to the submission of an application for a Special Permit, the applicant at his option may confer with the Planning Board to obtain informa- tion and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and other data. 2. Submission of Preliminary Plan The applicant shall file a preliminary plan ac- -87- I ! companied by the form titled "Submission of Pre- liminar¥ Plan, Planned Development" to the Planning Board at a regularly scheduled meeting. A copy of the preliminary plan and the above form shall also be filed in the office of the Town Clefk. The Planning Board, within sixty (60) days from receipt of the plan by the Town Clerk, shall review and determine whether the proposed project is consistent with the most suitable development of the town. The Planning Board may suggest modi- fications and changes to the preliminary plan in anticipation of the filing of the definitive plan. If the Planning Board fails to act within sixty (60) days, the applicant may proceed to file his definitive plan. Contents of Preliminary Plan: Planned Development District: I I I I I I Plan= Planned Development", the name or names of applicants, and engineer or designer. · b) Names of all abutters, land uses, and approxi- mate loC&tion and width of all adjacent streets. c) In a general manner, the existing and propsed lines of streets, ways, easements, and of any public areas within or next to the Planned Development. d) The approximate boundary lines of existing and proPOsed lots with approximate areas and dimensions' e) The ~ro~sed system of drainage, including adjacent'~'existing natural waterways and the topography of the land in a general manner. f) Existing and proPOsed buildings, significant structures and proposed open space in a general manner. g) ' An analysis of the natural features of the site, including wetlands, floodplains, slopes over 12~, soil condtions, and other features requested by the Planning Board. I I a) Planned Development Boundaries, north point, date, Scale, legend, and title "Preliminary. -88- h) A description of the neighborhood in which the tract lies, including utilities and other public facilities and the general impact of the proposed PDD upon them. i) A summary of environmental concerns relating to the PDD. 3. Submission of Definitive Plan The applicant shall submit an application for a Special Permit accompanied by the original of the definitive plan plus twelve (12) copies thereof. Contents of Definitive Plan: The application for a Special Permit and site plan review shall be accompanied by the original copy of the definitive plan and other data required to be submitted in triplicate and shall contain the following data: Ail items in "Contents of the Preliminary Plan: Planned Development District" (a through and including i) shall be incorporated. a) It shall be drawn at a scale of one inch equals forty feet (1"=40') unless another scale is re- quested and found suitable by the Planning Board. b) The plan shall be prepared by a land surveyor, professional engineer, or architect. c) The scale, date, and. north arrow shall be shown. d) The plan shall be.certified by the land surveyor doing the boundary survey and the professional engineer or architect on the location of the buildings, setbacks, and all other required dimensions, elevations, and measurements and shall be signed under the penalties of perjury. e) The corner points of the lot and change of direction of lines shall be marked by stone monuments, cut in stone, stake and nail, iron pin, or other marker and shall be so marked. -89- ! ! f) g) h) i) j) k) l) m) Lot number, dimensions of lot in feet, size of lot in square feet, and width of abutting Streets and ways. Easments within the lot and abutting thereon. The location of existing or proposed buildings on the lot. The location of existing wetlands, water bodies, wells, 100-year floodplain elevation and other natural features requested by the Planning Board. The dimensions of the existing and proposed buildings in feet. The distance of existing and proposed buildings from the lot lines and the distance between buildings on the same lot. Percent of the lot coverage. Average finished grade of each proposed building. I I I I I I I I n) The elevation abov~ average finished grade of the floor and ceiling of the lowest floor of each proposed building. o) Existing and proposed topographical lines at two (2) foot intervals. p) The us.e designation of each buiiding or part 'thereof,'and of each section of open ground, plaza, or usable roof space. Numbering of parking spaces. Height of all proposed buildings, above average finished grade of abutting streets. I I q) r) Number of apartments, meeting rooms, and restaurant and theater. t) Total square feet of floor space of all land- scape and recreation areas, and depiction of materials to be used (grass, 5-foot shrubs, etc.). I I 11.5 -90- u) Deed or other recorded instrument that shows the application to be the owner or owner under option of the land to be designated as a Planned Development. Minimum Requirements The plan shall be subject to the following conditiions and the Planning Board shall make a determination that the project meets all the following conditions: 1. The project is consistent with the purposes set out in Section 2. If more than twenty-five percent (25%) of the PUD is located within a residential district, at least fifty-one percent (51%) of the building area and accessory facilities in the PUD shall be used for residential purposes. Ingress and egress for traffic flow is designed properly so that there will be no serious hazard to vehicles or pedestrians. 4. Adequate perking facilities are provided for each use and structure in the development. e Major facilities or functions which require siting within scenic areas are designed to be visually compatible with the natural or historical charac- teristics. The project does not adversely affect the natural environment to the detriment of community charac- ter and public health and safety. Permitted Uses In a Planned Development District, the following uses are permitted: 1. Residential a) Detached 1, 2, or 3 family residential struc- tures. b) Apartment Houses c) Town Houses 11.6 -91- 2. Business a) Restaurant b) Theater, Museums c) General retail sales and service (except retail sales of automobiles, mobile homes, house trailers and except automobile service station) d) Banks and financial services e) Business and professional offices f) Personal services g) Recreation 3. Industrial Use .a) Any uses which the Planning BOard determines are not injurious to the safety or general welfare of the area. Area Regulations PDD Site Area No PDD shall be permitted on a site of less than sixty thousand (60,000) square feet. Usable Open Space In all PDD's, at least twenty percent (20%) of the land shall be set aside as permanent usable open space, for the use of the PDD residents, or for all PDD users, or for the community. The required open space shall be conveyed to the Conservation Commission or to a non-profit conservation organization, or to a corporation or trust representing persons responsible for the PDD, and shall be protected by a conservation restriction as required by G. L. Chapter 40-A, Section 9 for common open space in cluster developments. A convenant shall be placed on the land such that no part of the PDD can be built, sold or occupied until such time as a satisfactory written agreement has been executed for protection of the open space. I I I I I I I I I I I I I I I I I I I -92- Setback Requirements Insofar as the PDD abuts a residential district, all proposed structures and facilities within the PDD shall be set back not less than twenty-five (25) feet from adjacent property lines or adjacent street lines where the PDD shall be separated or shielded from adjacent property lines by means of a buffer, fencing, setbacks, or appropriate landscaping. 11.7 Relation to Subdivision Control Act Approval of a Special Permit hereunder shall not substitute for compliance with the Subdivision Control Act, nor oblige the Planning Board to approve any related definitive plan for subdivision, nor reduce any time periods for Board consideration under that law. However, in order to facilitate processing, the Planning Board may insofar as practical under existing law, adopt regulations establishing procedures for submission of a combied plan and application which shall satisfy this section and the Board's regulations under the Subdivision Control Act. -93- I ! ! SECTI(~I 12 LARGE ESTATE CONDOMINIUM CONVE~SI0~ 12.1 purpose ~ 12.2 The purpose of this subsection is to permit existing buildings or large tracts of land in Residence Districts 1, 2, and 3 to be converted to single family condOminium dwelling units compatible with such residence districts, to create new housing involving relatively little new construction, to generate tax revenue to the Town, to preserve existing buildings, to the residential character of the Town and to preserve preserve open space in the Town. In order to provide for development that is compatible with Residence Districts 1, 2, and 3, which districts are primarily for single family residences, the conversions to dwelling units under this subsection are to condominium dwelling units, which can be separately owned, and are therefore a type of development similar in character to other development in such districts. Requirements Properties meeting the following requirements shall be eligible for consideratin for a condominium conversion Special Permits I I I Parcels with one (1) or more existing buildings in a Residence 1, 2, or 3 District of not less than ten (10) acres and with not less than one hundred and fifty (150) feet of frontage on a public way. Any dwelling located on a lot of record as of April 24, 1982 may be converted to condominium dwelling units. I I I The total number of dwelling units that can be created under a condominium conversion Special Permit shall not exceed n-2, where "n" is the number of acres in the parcel. Each condominium dwelling unit shall be an independent dwelling unit intended for use by a single family, with its own bath and toilet facilities and its own kitchen. The average square footage of the interior living space of the units shall be not less than eight I I I I -94- e hundred and fifty (850) square feet per unit. No building (including both buildings con- verted to condominium dwelling units and other buildings not converted to condominium dwelling units) shall be externally enlarged except with the approval of the Planning Board, and in no event shall such enlargement add to any one building more floor area than a number equal to five percent (5%) of the above grade floor area of such building, the floor area of porches and decks to be included in the calcu- lations of floor area. No new building for dwelling purposes may be built on the parcel. New structures may be built pursuant to paragraph 8 (b) below. Parking requirements are subject to Section 8 of the Zoning By Law. For the purposes of this subsection, "open space" shall mean all of the land on the parcel except that land occupied by buildings to be converted to condominium dwelling units and existing buildings to be used for parking purposes. To insure the preservation of open space, the following requirements shall be met: a) Open space may be used for the following purposes: flower gardens, gardens, land- scaping, required parking, roadways and driveways reasonably necessary for the development, underground utilities, recrea- tion not requiring any facility or structure, and land left .in its natural state. The open space may be used for other purposes permitted in the residence district if approved by the Planning Board as consistent with the condominium development and charac- ter of the neighborhood. b) On open land all facilities and structures for accessory purposes (such as swimming pools, tennis courts, garages, carports, parking areas, lamp posts, small sheds for tools or sports equipment, fences, including the kind enclosing a tennis court or swimming pool, bath houses, and other accessory structures for accessory purposes) shall be subject to -95- c) the approval of the Planning Board as to their number, design, locations, uses, and sizes; provided, however, that all such facilities and structures, including roadways and driveways, shall not involve the use of more than twenty percent (20%) of all of the open land on the parcel. AIl new utilities~ including wiring for lights on open space, paths, and driveways, shall be placed underground. 12.3 Contents of lpplicati= An application for a condominium conversion Special Permit shall include the fOllowing~ Proposed Master Deed and proposed plans to be re- corded therewith, including floor plans, at least one (1) elevation for each building being con- verted to dwelling units, and a site plan for the parcel locating at least each building, roadways and driveways, parking, recreation facilities, utilities, and accessory facilities and structures. 2, Proposed By Laws. 3. A sample proposed Unit Deed. 4. A locus plan showing the parcel and all land immediately adjacent thereto, including nearby buildings and structures. 0 Such other plans, photographs, models or eleva- tions as the Planning Board shall reasonably deem necessary or appropriate to help understand the proposal. 12.4 Change in lpplicatio~ After a condominium conversion Special Permit has been granted, any change in the location or use of a building, any enlargement of a building, any material exterior restoration, any material change in the use of open space, or in the facilities or structures thereon, shall not be permitted except upon an amendment to the Special Permit which shall be upon petition to the Planning Board and after a public hearing (with the provisions of Paragraph 12.5 applying) and upon a finding by the Planning Board that the proposed change I I I I I I I I I I 12.5 -96- or changes do not substantially derogate from the intent and purpose of this subsection. Review by the Planning Board, Prior to recording, a Special Permit granted under this section shall be subject to the review by the Planning Board of the final.plans, and of the Master Deed, and plans to be recorded therewith, and By Laws, as they are to be initially recorded, which final plans, Master Deed, plans, and By Laws shall all be substantially the same as those approved with the Special Permit in all respects material to considerations relevant to the Special Permit, in which case the Chairman of the Planning Board shall endorse copies of such final plans and such Master Deed, plans and By Laws as having received final review and approval under this subsection, which endorsement shall be conclusive evidence thereof. Thereafter, the Master Deed and plans recorded therewith, and By Laws may be-amended without Planning Board approval; provided, however, that an amendment to the Special Permit shall be required for those matters specified in Paragraph 12.4 thereof. Any amendment to the Master Deed and plans recorded therewith and ByLaws related to an amendment to the Special Permit shall be endorsed by the Chairman of the Planning Board as provided herein for such documents as initially recorded. _ _ a _ _> - _._ . _