HomeMy WebLinkAbout1995 ZONING BY-LAW NORTH ANDOVER THE ZONING BYLAW
TOWN OF NORTH ANDOVER
1972
REPRINTED 1995
I
Section
Section 2
Section 3
3.1
3.2
3.3
3.4
Section 4
4.1
4.11
4~12
4. 121
4. 122
4. 123
4. I24
4.125
4.126
4.127
4.128
4. 129
4.130
4. 131
4. 132
4 ..133
.4. 134
4.135
4.136
4. 137
4.2
Section 5
5.1
5.2
5.3
5.4
5.5
5.6
5._7
5.8 ~
5.9
NORTH ANDOVER ZONING BYLAW
TABLE OF CONTENTS-
TABLR OF CONTENTS ..........................
TAB?~ OF REVISIONS '
PAGE
i
iv
PURPOSES
ZONING DISTRICTS AND BOUNDARIES ............ 12
Establishment of'Districts 12
Zoning Map ................................. 12
District Boundaries ........................ 13
Historic District .......................... 13
.BUILDINGS AND USES PERMITTED. ..............
District Use Regulations ' '
General P~ovisions .........................
Permitted Uses ........... .................
Residence 1,2, and 3 Districts ............
Residence 4 District ,;... ........... . .........
Village Residential District....... . .......
Residence 5 District ........ , ..............
Residence 6' District
Business i District
Business..2 District ........ ...... ............
Business 3 District
Business 4 District
Village-CommerCial District
General Business District
Industrial I DistriCt
Industrial 2 Dis%rict
Industrial 3 District . .....................
Industrial "S" District
Watershed Protection
Flood Plain District ........................
Phased DevelopmentBylaw
14
14
14
15
15
17
2O
23
26
29
3O
32
33
34
35
36
37
39
39
41
54
57
EARTH MATERIALS REMOVAL .................... 59
General ....
Application for Earth Removal Permit ....... 60
Permits for Earth Removal . 60
Earth Removal.Incidental'to Development,
Construction, or. Improvement ................ 61
Miscellaneous Removal of Earth ............. 62
Operation Standards 63
.......· ........
Restoration Standards ........... 66
Security Requirements ...................... 67
Section
Section
Section
Section
Section
6
6.1
6.2
6.3
6.4
6.5
6.6
7
7.1
7.1.1
7.1.2
7.1.3
7.2
7.2.1
7.2.2
7.3
7.4
7.5
7.6
7.7
7.8
8
8.1
8.2
8.3
8.31
8.32
8.33
8.34
8.35
8.36
8.4
8.5
8.6
9
9.1
9'.2
9.3
9.4
10
10.1
10.11
10.12
10.13
10.2
10.21
10.22
SIGNS AND OUTDOOR LIGHTING REGULATIONS ..... 68
Authority and Interpretation ............... 68
Purposes ................................... 68
Definitions ................................ 68
Administration and Enforcement ............. 70
Prohibitions ................................ 72
Permitted Signs ............................. 72
DIMENSIONAL REQUIREMENTS ................... 80
/~tAreas ................................. ~. 80
Contiguous Buildable Area (CBA) ............. 80
Lot Width .... ~'. .............................. 80
Restrictions ................................ 80
Street Frontage ............................ 81
Access .................... ~ ................. 8I
Frontage Exception .......................... 82
Yards (setbacks) ........................... 83
Building Heights ........................... 83
Lot Coverage ................................ 83
Floor Area Ratio ............................ 83
Dwelling Unit Density ...................... 83
Exceptions ................................. 84
SUPPT.~FA~TARY REGULATIONS ..................
Off-Street Parking ......... · .... ~2 ..........
Automobile Service.Station and Other
Automobile Services .........................
Site Plan Review ,. ........... ~ ..............
Development Which Requires Site Plan Review,
Site Alteration - ViolatiOn of the Bylaw ,,,
Procedures ...... ................ · ..... · ......
Infoimation Required ........... ~ ...........
Findings of the Planning.Board ........... -,,,
Revisions to Approved Site· Plan
Screening and Landscapinq:Requirements for
Off-Street commercial & IndustrialDistricts
Planned Residential Developments (PRD) .....
Satellite Receiver Discs ......... -...' .......
NON-CONFORMING USES .......... ~.~ .............
Continuance ........... ' ' ..................
Alteration or Extension .....................
Building after Catastrophe .................
Abandonment ................................
85
85
89
89
90
90
9O
92
96
97
98
101
108
109
109
109
110
110
ADMINISTRATION ..................... ~ ........ -111
Enforcement .- .......................... - ........ 111
Building Permit~.' ...................... ' ..... 111
Certificate of Use and Occupancy ............. 112
Penalty for Violation ........................ 112
Board of Appeals ...... -,.,: .......... ~...]~.. 112
Appointment and Organization ...... 112
Powers of the Board of Appeals .............. 112
!
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!
10.3
10.31
10.32
10.4
10.5
1.0.51
10.52
10.53
10.54
lO .55
10.56
10.57
10.6
10.7
10.8
10.9
Section 11
11.1
11.2
11.3
11.4
11.5
11.6
11.7
Section 12
12.1
12.2
12.3
12.4
12.5
Section 13
13.~1
13.2
13.3
13.4
13.5
13.6
13.7
Section 14
14.1
14.2
14.3
14.4
14.5
14.6
TABT.~. I
TABLR II
Special Permit ............................. 113
Conditions for Approval of Special Permit... 113
Temporary Permit ............................ 115
Variance and Appeals ....................... 115
Amendments to Zoning Bylaw ................. 116
Submission of Amendment to Planning Board... 117
Public Hearing .............................. 117
Report by Planning Board .................... llB
Failure to Adopt ....................... ; .... 118
Repetitive Petitions ........................ 118
Procedural Defects .......................... 118
Effect of Subsequent Amendments ............. 118
Conflict of Laws ........................... 119
Validity ......... 119
Repetitiv~ ~i%iggs .::~.:~..~2:.:~.2 119
Withdrawal Without Prejudice ............... 120
PLANNED DEVELOPMENT DISTRICT ............... 1~1
Jurisdiction ............................. [. 121
Purpose .................................... 121
Procedure .................................. 121
Minimum Requirements ....................... 124
Permitted Uses .................... : ........ 125
Area Regulations ........................... 125
Relation to Subdivision Control Act ........ 126
LARGE ESTATE CONDOMINIUM CONVERSION ........ 127
Purpose .................................... 127
Requirements ............................... 127
Contents of Application 128
Change in Application 129
Review by the Planning Board ............... 129
CONTINUING CARE RETIREMENT cENTER .......... 130
'Establishment '
................................ 130
Purpose .................................... 130
Definitions ................................ 130
Permitted USes .............................. 131
standards and Restrictions ................. I32
Bonuses . ..
........... 135
INDEPENDENT ELDERLY HOUSING ................ 137
Establishment .............................. 137
Purpose .................................... 137
Definition ................................. 137
Permitted Uses ............................. 13'7
Standards and Restrictions ................. 137
Density Bonus .............................. 139
SUMMARY OF USE REGULATIONS ................. TB1
SUMMARY OF DIMENSIONAL REQUIREMENTS ........ TB2
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APPENDIX .
- Special Permi~ Applic~tio9 .............. . . A1
- site Plan Review Application. ............ A3
' TABLE.OF REVZSIONS
REVISED SOLING BYLAWS OF THE TOWN-OF
~)RTH ]%NDOVERw )L%SS~CHUSETTS ~
TO~I Meeting
Date/ANticle Zoninq'Bylaw . _ ' m
Nttm~er Section _ _ ~rlef Title t
1985/12 4.135(4)
1985/13 4.135 (2) (a)
1985/15 2.65
1985/20 4.11(5.)
1985/21 2.29.1
1985/23 All Districts
1985/24 7.4.1
1985/25 2.30.1
1986/13 4.'2
-1986/15 10.13
1986/16 7.1
1986/17 4.. 121 (a) (b)
1986/18 All Districts
1986/100 4.121(6)(a,d,e)
1987/8 Table 2
1987/10 8.5
1987/1 ,28 8.3(1)
4.123
1987/12 8.4
8.1(13)
4.128
1987/14 Table 1
1987/16 3.4
1987/20 2.38.1
1987/21 2.38'.2
1987/22 2.27.1
1987/23 2.34
1987/24 4.122
Lake CochichewickAmend.
Watershed District
SPGA Definition~Amend.
General Provisions
Day Care Center
Day Care Center
Lot Width
Definition of Driveway
Established Phased Dev.
..Penalty ~f Violation
CBARequlrements
Public/3Private Education
Municipal Buildings
Sale of. Ag. Products
R-1 Dist. Lot Area
Established PRD
Standards for Site Plan
Established VR District
Est. LandScape
Std., Parking in VR
Established VC District
Deleted "HELISTOP"
Est. HistOric Dist
Def. Floor Area, 'Gross
Def. Floor Area, Net
Def. Family Suite
Amend Def. Two Family
Dwelling
Two Family Dwelling in R-
4 District
iv.
1987/25 4.131(3) Retail Use - Industrial
1987/26 8.1(2} Off Street parking
1987/27 8.1(2) Off Street Parking Table
1987/28 8.3 Site Plan Review Criteria
1987/29 4.135(4)(a) Watershed ~istrict '
1987/83 8.6 Standards. Satellite
Discs
1988/27 13.0 . Es~. Continuing Care
, Retirement Center CCRC
'1988i28 14:-0 Est. Independent Elderly·
Housing .
1988/29 2.29,4.122 Est. Congregate Housing
1988/30 2.65 Def. Nursing/Convalescent
Home .
198'8/35 4-135 Watershed Protection~lst
1988/37 8.1 . ' Amend Off Street Parking.
1988/38 8.3 ' Amend Site Plan Review
1988/39 8·.5' Amend PRD · ·
1989/32 2.22 Amend Auto Repair Shop
2.26.1 Add Buil~in? Cove~age
2.27' Amend Building Height '
2.30.1 Amend Driveway .
2-38-3 Add Floor Area Ratio
2.40 ' Amend Home.Occupation
2.4'3 Amend Lot
2.52 Amend ~o ~ut Zone
2.61.1 Add Principal Str~cture
1989/33 7.8(3) Amend ~xceptlons-
7.8(4) Establishe?
1989/43 4.125 Est. R-6 District '
Table 2 Est. R-6 District
1990/32 Beg. with- Amended to Confor~
4.121.6(b)(c) with State
1990/33 'Beg.4.125with Place in Order .
1990/34 2.39.1 Add Hazardous Material(s)
1991/1(STM) 10.14 Add ASsociate- Member
Planning Board
1991/2(STM) 4.136 Rep lac.ed Watershed
Projection District
1991/3(STM) Table 2 Amend VC District
Add Footnote 17
1991/4(STM) 8.4(6) ' Add to (6) VC Screening
1991/5(STM) 8.1 - Amend'(13) VC Parking
1992/52 4.125.21 Add SPGA, Planning Board
4.125 Add Para 5 - Us~s Allowed
by Special Permit.
1992/56 4.133.6 Add - Special Permit &
SPGA
V
1993/33
1993/34
1993/35
1993/36
1993/37
1993/39
1994/36
1994/37
1994/38
1994/39
1994/40
1994/1 (SMT)
1995/38
1995/4'1
1995/43
1995/44
8.5(6)D
4. 132 (11)
4. 133 (11)
4.122(6)b
4.137
8.34
2 .'65
4.136(71
7.2.1
8.5
4. 136 '
4. 136
7.0
9..0
6.0
VI
Amend Buffer Zone
Deleted - Helistop
Deleted - Helistop
Amend to Conform withState
Deleted - Repetitive
(2.37.1)
Amend Flood -Plain
District
Add Building Elevation
Table 1 and Table ~
Add Watershed Protection
District
Deleted Para. 2(c) and
amend (d)
Add 7.2.1 Access
Amend 1(c); Sec. 4; Sec.
6 (G).
Amend Watershed
Protection District .
Am end Water~hed
Protection District
Amend Dimensional
Requirements
Amend Non-Conforming Uses
Amend Sign By-Law
The Town of North Andover Zoning Bylaw, together with the Zoning
Map, adopted at the Annual Town Meeting of March 13, 1943.
Approved by the Attorney General on April 13 1943, posted May 1,
1943. '
1945 Special Town Meeting May 28, 1945 (Articles 1 and 2)..
Approved by the Attorney General February 13, 1946
1946 Special Town Meeting December 23, 1946 (Articles 1 and 2).
Approved by the Attorney General February 5, 194.7.
1947 Annual Town Meeting (Article 46). Approved by the Attorney
General March 28, 1947.
Special Town Meeting June 16, 1947 (Article 1).
the Attorney General November 21, 1947.
Special Town Meeting June 20, 1947 (Article !)-
the Attorney General June 25, 1947.
1949 Annual Town Meeting (Article 1).
General June 3, 1949.
1950 Annual Town Meeting (Article 32).
General February 9, 1951
Approved by
Approved by'
Approved by the Attorney
Approved by the Attorney
Special Town Meeting August 28, 1950 (Article 4)~ ApproVed by
the Attorney General January 29, 1951.
1952 Annual Town Meeting (Article 40). Approved. by the Attorney
General April 16, 1952.
1953 Annual Town Meeting (Article 58). Approved by the Attorney
General April 22, 1953.
The Town of North Andover Zoning Bylaw adopted at the Special Town
Meeting of June 30, 1956 (Article 1). Approved by the Attorney
General December 6, 1956, postedJanuary 9, 1957
Thereafter AMENDED:
1957 Annual Town Meeting (Articles 11, 12, 14, 15, 16, 17, 20 and
22). Approved by the Attorney General J~ne 28~ 1957, posted
July 12, 1957.
Special Town Meeting, October 7, 1957 (Articles 7, 8, 10, 11,
12, 13, 14, and 15). Approved by the Attorney General on
October~19, 19, 1957, posted November 29, 1957.
1958 Annual Town Meeting (Articles 11, 12 and 13). Approved by the
vii
Attorney General on April 28, 1958 , posted. May 15, 1958.
1959 Annual Town Meeting (Articles 62,63, 64 and 65). Approved by
the Attorney General March 31, 1959, posted April 15, 1959.
Special Town Meeting, J~ne 22, 1959 (Article 5). Approved by
the Attorney General July 16, 19.59, published July 21, 22 and
23, 1959.
1960 Annual To~n Meeting (Articles 79, 80, 81, 82, 83, a~d 85)~
Approved by the Attorney General May 2, 1960, posted May 10,'
1960.
Special Town Meeting, March 19, 1960 (A~%icle i). Approved by
the Attorney General May 2, 1960, posted MaY 10~ 19~60.''.
19.61 Annual Town Meeting (Article 64). ApproVed'by the .Attorney
General April 10, 1961, posted April 13, 1961.
1962 Special Town Meeting, May 14, 1962 (Article 7). ApproVed by
the Attorney General July 12, 1962, poSted'July 12, 1962..
1963 Annual Town Meeting (Articles 24, 25, 26,' 28, 29.,-86; 87,' 88,
89, 90 and 91). Approved by the Attorney General June 6~
1963, posted Ju~e 11, 1963
1964 Annual ToWn Meeting (Articles 53 and 54). Approved bY the
Attorney General April 9, 1964, posted April 16, 1964.
1965 Annual Town Meeting (Articles 28A, 28B,- 28C, 85 an~ 8'7).
Approved by the Attorney General April 30, 1965, posted.May 4,
1965. ~
special TownMeeting, November 8, 1965 (Article 2). Approved
by the Attorney general November 23, 1965, posted December-i,'
1965.
1966 Annual Town Meeting (Article 10, 11, 12, 15~'.- 16, 17, 18, an~
19). Approved by the AttOrney General April. 6', 1966, p6sted
April 11, 1966.
1967 Annual Town Meeting (Article 75 and 77). Approved by' the-
Attorney General April 21, 1967, posted April 28,'1967.
Special Town Meeting March 18, 1967 (Article 10). Approved by
the Attorney General April 21, 1967, posted April 28, 1967.
Special Town Meeting, June 19, 1967-(Article 1-.and 2).
Approved by the Attorney General July 11, 1967, posted July
14, 1967.
1968 Annual Town Meeting (Article 61). Approved by the Attorney
General May 20, 1968, posted May 23, 1968.
viii
Special Town Meeting April 8, 1968, (Article 3).
the Attorney General July 2, 1968, posted July 9, 1968.
Special Town Meeting July 22, 1968 (Article 1).
the Attorne~ General August 1, 1968, posted August 6, 1968.
Special Town Meeting September 30, 1968 (Article 9).
by the Attorney General October 9 1968 posted October 15
1968. ' ' ,
1969 Special Tow~Meeting January 9, 1969 (Article 4). Approved by
the Attorney General January 28, 1969 posted February 4,
1969. '
Annual Town Meeting March 3, 1969 (Article 22 and '76).
Approved by the Attorney General May28, 1969 posted~June 9,
1969. ' ·
1970 Annual Town .Meeting (Article 32 and 33). Approve' by the
Attorney General May 12, 1970, posted June 5, 1970..
Special Town Meeting August 24, 1970 (Article 1). Approved by
the Attorney General December 1 1970, posted December 4
1970 . ' '
1971 Annual Town Meeting (Article 68, 69, and 72). Approved by the
Attorney General April 22, 1971, posted April 26, 1971.
1972 Annual Town Meeting Articles 59, 62, and 63). Approved by the
Attorney General June 9, 1972, posted June 14, 1972.
Town. of North Andover Zoning Bylaw adopted at the Special ToWn
Meeting of June 5, 1972 (Article llA and llB).. Approved by 'the
Attorney General on August 2, 1972, posted August 4, 1972...
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Thereafter amended:
Approved by
Approved by
Approved
1972 Special Town Meeting, December 18, 1972 (Articles 1 an~ 2).
Approved by Attorney General April 4, 1973, posted April.10,
1973)
Approved by Attorney
1973 Annual Town Meeting (Article 11).
General May 5, 1973.
Special Town Meeting June 25, 1973 (Article 6 and 7).
Approved by Attorney General August 29, 1973, posted Sept. 4,
1973.
1974 Annual Town Meeting (Article 13, 14, 15, 16, 17, 18, 19~20,
21, and 22). Approved by Attorney General May 21, 1974,
posted May 28, 1974.
1975 Annual Town Meeting (Articles 29, 30, 48 and 49). Approved by
Attorney General July 7, 1975, posted July 1'0, 1975.
Zoning Map amended to include I-3 District,
which is on file with the Town Clerk.
description of
1976 Annual Town Meeting (Articles 35, 36 and 86). Approved by
1979 Annual Town Meeting (Articles 50, 51, and 52). ApprOVed'By
the Attorney General Aug. 23, 1979'.
1980 Annual Town Meeting (Articles 93, 94, and 98). Approved by
the Attorney General Aug. 7, 1980.
1981 Annual Town Meeting (Articles 67, 68, 69, 71, 72, 74, 75, 76,
and 77). Approved by Attorney General Aug 3, 1981, posted
Aug. 6, 1981.
1982 Annual Town Meeting (Article 80, 81, 82, 83, 84, 85, 88, 89,
and 9'3). Approved by the Attorney General July 27, 1982~
1983 Annual Town Meeting (Articles 77, 78, 79, 80, 81, 82, 83, 85,
86, 87, 88, 89, 91~ 92, 93, 94, 9.5, 96f 97, 98, 99, 100,-101,
102, 103, 107, 109, and 110. Approved by the Attorney General
May 24, 1983.
Special Town Meeting Oct. 27, 1983 (Article 6)-. ~Approvedby.
the Attorney General Dec. 20, 1983.
1984 Annual Town Meeting (Article 92, 94, 96, 97, 98, 99, 100~ 101,
104, 105). Approved by the Attorney General July 31, 1984.
1985 Annual Town Meeting (Articles 12,. 13, 14, 15, 16, 10, 18;P20,
21, 22, 23~ 24, 25, and 26). Approved by the Attorney General`
July 25, 1985.
1986 Annual Town Meeting (Articles 13, 15, 16, 17, 18; .100, 103,
104, 105, and 108). Approved by the Attorney General July 29,
1986, posted 'July 30,.1986.
1987 Annual Town Meeting (Articles 8, 9, 10, 11, 14, 16, 20, 21,
23, 24, 25, 26, 27, 28, 29, 83, 84, 90, and 91). Approved by
the Attorney General Nov. 27, 1987.
1988 Annual Town Meeting (Article 27, 28, 29, 30, 35, 37, 38., 39,
and 48). Approved by the Attorney General July 28, 1988.
Attorney General August 3,-1976, posted Sept. 3, 1976.
Special Town Meeting Nov. 23, 1976 (Article 9). APProved by
Attorney General Dec. 12, 1976, posted Dec. 21, 1976.,
1978 AnnualTown. Meeting(Article 68 and 70). ApproVed by Attorney
General August 30, .1978. .-
Special Town Meeting 'JUne 26, 1978 (Artlcles 4 ~and 6).
Approved in accordance with M.G.L. Chi 40, S.32, posted Oct.
30, 1978.
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1989 Annual Town Meeting (Articles 32, 33, 38, 39, 40, 41, and 44.
Article 43 amended). Approved by the Attorney General July
28, 1989, posted Aug. 1, 1989.
1990 Annual Towh Meeting (Articles 32, 33, 34, 35, 36, 37, and 41).
Approved by the Attorney General Aug 24, 1990,.posted Aug. 28.
1990.
1991 Specia% Town Meeting January 29, 1991 (Articles 1] 2, 3, 4,
and 5). Approved by the Attorney General Mar. 14, 1991,
posted Mar. 15, 1991.
1992 Annual Town Meeting May 4, 1992 (Articles 50, 51, 52 and 56).
Approved by the Attorney General August 5, 1992, posted August
10, 1992.
1993 Annual Town Meeting May 3, 1993 (Articles 33, 34, 35, 36, 37,
38, 39'and 66). Approved by Attorney General August 2~, 1993
posted August 30, 1993.
1994 Annual Town Meeting May 2,'1994 (Articles 22, 36, 37, 38, 39,
and 40). Aproved by Attorney General September 16, 1994,
posted September 19, 1994.
1994 Special Town Meeting October-24, 1994 (Article 1). Approved
by Attorney General February 21, 1995, posted Febr~/ary 22,
1995.
1995 Annual Town Meeting May 1, 1995 (Articles 38, 41, 43 and 44).
Approved by Attorney General
xi
SECTION i PURPOSES
The purpose this Bylaw is the promotion of th& health, safety,
convenl.ence, morals and welfare of the inhabitants of the Town of
North Andover, 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 amended, by regulating and
restricting the use of land and buildings, thereby:
1. ~ncoUraglng the most.appropriate use of'land;
2. preventing overcrowding of land;
3. conse~lng the va~uo of land ~nd buildings;
4. lessening congestion of traffic;
5. prevailing undue concentration of population;.
6. prov~ ~ng adequate light and air;
7. reducing the hazards from fire and other danger;
8. assisting- in the economical provision oftranspOrtation,
water, sewerage, schools, parks, and other public
9. controlling the use of bodies of.water, including
watercourses;
10. reducing the probability of losSesresulting from.floods;
and
11. reserving and increasing the ~menities of-the Town,.
SECTION 2 DEFINITIONS
2.1 General
For the purpose of this Bylaw,
certain words or phrases~herein
shall be interpreted as follows, except 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 "~ot" includes the word "plot" or "parcel", the word
"shall"~is always mandatoryand the word "used" or "occupied" as
applied to any land or buildings shall be construed to include the
words "intended, arranged or designed to be used or occupied".
2.2
specific Words and Phrases
For the purpose of this Bylaw, the. following words and terms used
herein shall have the meanings or limitations of meaning hereby
defined, explained or assigned.
2.24 Body Shop
A building, or part thereof, used for structural repairs and
refinishing of motor vehicles for remuneration.
2.25
Board Of Appeals
The Board of Appeals of the Town of North Andover as governed
by the General Laws of Massachusetts.
2.26 Building
A structure having a roof supported by columns or walls for the
shelter, support, or enclosure of persons, animals, or property.
2.21 ~coessor~ Use or structure
A use or structure subordinate to the principal use of a building
onthe same lot and serving a purpose custOmarily incidental to the
-use the.principal building.
2.22 ~utomobile Repair Shop (1989/32)
A building or part of a building in which repairs are made to motor
vehicles.
2.23 Automobile Service Station .
of business where gasoline, oil and greases,
A
building
or
place
batteries, tires, .and automobile accessories are supplied and
dispensed directly to the motor vehicle trade, at retail and where
minor repair service is rendered.
2.26.1 Building Coverage (19 9/ 2)
walls of the ground floor fo~ all principal and accessory buildings
T~e. vertlcal distance measured from the lowest point of the
flglshed grade, at any location of the building to the highest
point ?f the r?of, but shall not include chimneys, spires or
mechanicalmechanlcal e.q~q~l!ment, or penthouses used for enclosures Ofe i ment. .
2.28 Bulldxng, Principal
A building in w~lch ~s ?onducte? the main or principal use of the
lot on which sald build!ng.is s~tuated.
2.29 Car Wash
An area of land and/Or a structure with machine or hand operated
facilities used principally.for thecleaning, washing, polishing or
waxing of motor vehicles..
2.29.1 Congregate Housxng
A non-institutional residential shared living environment which
integrates shelter and services needed bY the functionally impaired
or socially isolated elder !age 55 or older) who does not require
the constant supervision or ~ntensive health care serVices provided
in an institution. The shared living environment must includeat
least two of the following: a) shared accessible community space,
b) shared kitchens, c) shared 'dining facilities, or d) shared
bathing facilities.
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2.29.2 Da~ ~are Center
Any facility operated on a regular basis whether known as a day
nursery, nursery school, kindergarten, child play school,
progressive school, child development center, or pre-school,
or known under any other name, which received children not of
common parentage under seven (7) years of-age, or under sixteen
(16) years of age if such children have.'special needs, or
non-residential custody and care 'during. part .or all of the day.
separate from their parents or the elderly 60~years of age or
older. Day Care Center.shall not include any part of a public
school system; any part of.a private organized educational system,
unless the services of such system are primarily limited to
kindergarten, nursery or related pre-school services; a Sunday
school conducted by a religious organization where children 'are
cared for during short periods of time while persons r~sp?~si~le
for such ~hildren are attending religious services; a zamlly cay
care 'home[ aninformal cooperative arrangement among neighbors or
relatives, or the occasional care of children' with or without'
compensatio: th:roof. '''
2,3 . District . . .
A district or a zone s~ll. be ~ny portion of the territory of the
Town of North Andover within, which certain uniform regul'a~ions and
requirements or various combinations thereof shall be applied under
the provisions of this BYlaw. . "
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2.30.1 Driveway (~989/32) . .'~ '-'' i~
A way located on a lot which provldes.vehiculgr.aCcess to .the-
buildings on the lot. Each d~eway shall service no, more than
one lot. Subject to the granting of a Special Permit .from the
Planning Board, a driveway may beshared by not more than. two (2)
lots. Each such shared driveway must be regulated by a recorded
maintenance agreement running in perpetuity with the land.
2.31 D~ell~ng
Any building or portion thereof designed or used as the re'siden~e~
or sleeping place of one or more persons, except a mobile home and
as otherwise provided herein.
2.32
Dwelling, Multi-F~m{l~
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 "apartment").
2.33 Dwelling, One Family ~--'
A dwelling built single and apart from any other building and
intended and designed to be occupied and used exclusively for
residential purposes by one family.
2.34 Dwelling, TWO F~--~I~ '.
A free standing building intended and designed to be occupied:and
used exclusively for residential purposes by each of not more.than
two families (Same as "duplex"]. The principal building in~.a two
family, dwelling conversion shall share a connected common Wall (or.,
floor) for at least 7.5% of the wall's (or.. floor's) surface~ No~
unheated structure, no structure without foundation and no
structure which is entirely or partially a garage shall.be
considered as meeting the 75% requirement.
2.35- Dwelling Unit
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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.
2.36 Erected
The word "erected" shall include the words "built", "constructed",
"reconstructed", "altered", "enlarged", and "moved".
I 2.37 Fsm~ly
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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.
2'.37.1 Family Suite (1987/22)
~ 'separate dwelling unit located Within a single family dwelling
subordinate in size to the principal unit and separated frOm it in
a'mann~whichmaintains the appearance of the building as.a.single
family dwelling. The size of the family suite is not to-exceed
1200 square feet or not more than 25% of the gross floor area of
the principal unit, whichever'is lesser. The family suite may only
be occupied by brothers, sisters, maternal parents and
grandparents,.in-laws andor children of the residing ownersofth~
principal dwelling Unit. In no 'case shall an apartment'be smaller
that the minimum required by health and building codes,
2.38 Frontage
The
continuous
between lot sidelines measured along''the
distance
street line.
2.38.1 Floor Area, Gross (19'87/20)
Gross floor area shall be the floor area within the perime~er,.of
the outside walls of the building without deduction for 'hallwaYs,
stairs, closets, thickness of walls, columns or other features..
2.38.2 Floor Area, Net (1987/21)
Net floor area shall be actual occupied area(s) not to include
hallways, stairs,_.closets, thickness of walls, column or other
features which are not occupied areas.
2.38.3' Floor A~ea Ratio (1989/32)
The ratio of the floor area to the lot area, as. determined by'
dividing the gross floor area by the lot area.
2.39 Guest House
A dwelling in which overnight accommodations are provided or
offered for transient guests for compensation. The term
"guest house" shall be deemed to include tourist home, but not
hotel, motel or multi-family dwelling.
2.39.1 Hazardous Material(s) (1990/34)
Any Chemical or mixture of such physical, chemical, or infectious
characteristics as t~ pose a significant, actual or,potential,.
hazard to water supplies, or other hazard to human health, if such
substance or mixture were discharged to land in waters of the Town,
including butnot limited to organic chemicals, petroleum products,
heavy metals, radioactive or infectious wastes, acids'and alkalis',
and all substances defined as Toxic or Hazardous under M.G.L.
Chapter 21C and 21E and those chemicals on the list in Committee
Print Number 99-169 of the Senate Committee on. Environment and
Public Works, titled ,Toxic Chemicals Subject to Section 313 of the
Emergency Planning and community Right-to-Know Act of '1986:
(including any revised version of the list as may be madW pursuant
to subsection (d) or (e)).
2.40 Home Occupation (1989/32)
An accessory use conducted within a dweiling by a resident who
resides in the dwelling as his principal address, Which is clearly
secondary to:the use of the building for living purposes. Home~
occupations shall include, but not limited to the following uses;
personal services such as furnished byan artist or instructor, but
not occupation involved with motor vehicle repairs~ beauty parlo~s,
animal kennels, or the conduct of retail business, or the
manufacturing of gOods, which impacts the residential nature of the
neighborhood.
2.41 Hotel or Motel
A building designed for occupancy as the temporaryreSidence Of
individuals.'who are lodged with or without meals and in which no
provision is made for cooking in any-individual room or suite.
2.41.1 Independently Elderl? Housing ' -
A multi-family residential structure each with.Separate acceSs-and'
restricted to individuals or couples at least 55 years of age or
older. This definition shall not be Construed to prevent mentally
or physically impaired people from living with an occupant or
occupants of an independent elderly housing unit.
2.42 Loa4ing Bay
An opening in a building not less than ten feet in width and nine
feet in height including a platform for loading and unloading-
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1 goods, merchandise or other
materials.
· 2.43 LOt (1989/3_)2
Andrea of land 1~ single or consolidated ownership which contains
definite boundaries and ascertainable by a recorded deed in the
i Essex County Registry of Deeds Office.
~.44 Lot, Corner
Aiot abutting upon two (2) or more streets-at their intersection~
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2.46 . Lot Line, Front
i he property lines bounding the lot.
The line separating the lot from a street.
Z.47 .Lot Llne~- Rear
.Lot Line S~de
The lot llne oP~oslt: and most distant from the front lot liDe.
Any lot llne other than a front or rear lot'line.
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2.49 Lot Lzne, Street
.
A lot line.'~epa~atlng the lot from a street or alley (usually the
front lot line).
2.50 Mean ~fgh Water Mark.·
! (Lake C°chich!w~ck) an elevatl°n °f 113' 67' '°n' the United state-cOast and Gee etic Survey datum.
2.51 Medical Center
A building ~r.group of buildings designed for the individual.or
group practice of medicine or dentistry, but not including
hospitals or nursing homes.
2i52 · NO Cut Zone .(1989/32)_
An area which is left in ~ts natural condition, which Shall not be
disturbed by any means which includes but not limited to the
cutting of trees or understory.
2.53 Non-Conforming Use
A building, structure or use legally existing and/or used at .the
time of adoption of this Bylaw, or any amendment thereto, and which
does not conform with the use regulations of the district in which
located.
2.54
Office, Business
A primary use consisting of office activities of any type,
including business and financial office activities
banks and financial institutions) and
activities.'
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(including
professional office I
2.55 Office, Professional
A primary use consisting of office activities.by adoctor, dentist,
architect, lawyer, engineer or other professional person, or
persons.
2.56 Parking Area, Private '
An open area for the same uses as a private parking garage.
2.57 Parking Garage, Private /
A structure use for the parking of automobiles and available to
employees, clients or customers whether for a fee or free.
2.58 Parking Garage, Public
Any parking garage, other than a private parking garage, which is
open to the public and used for the storage of motor' wehicles.
2.59
Personal Service Establishment
An establishment providing personal services to the Public such as
shoe'repair, barbering.dry cleaning, etc..
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2.60 Place of Worship
A church, temple, synagogue, mosque or other similar place of .~
worship, including parish, house, rectory,, or convent.
2.61 Pl~-~ing Board ·
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The Planning Board of the Town of North Andover as.'governed by the
General Laws of Massachusetts.
2~61..1 Prlnclpal' Structure (~989/32)
The structure on a lot of record which contains the primary'use of
the lot. A principal use shall not be contained within an
accessory structure as defined in the Bylaw.
2.62 Public Building or Use
A building or use owned or operated by a local, county, state or
federal government agency. ·
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2.63 Roomxng House
Any building' or portion ~hereof containing more than two endless
than ten rooms without kitchen facilities that are used, rented or
hired out to be occupied for sleeping purposes for compensation,
whether the ~ompensati°n be paid directly or indirectly. '.. -
2.64 Special peL~mit-- ' .
The.~ords Special Permit where Used in th~s Bylaw. shall mean a
Permit granted under the guidelines of section9 of Chapter 40'% of
the General La~. . .
2.65 Special Permit Granting Auth0rity_ .- '
The~lanning Board'shall be the granting authority Of:alii.SPeCIal
.
Permits to Cluster DevelOpment,· Pian~ed Development· DIstrict,
(1985/15) driveways, nursing and convalescent homes~ Watershed
Protection District. (1994/37) and large estate condominium
conversions. The Board of Selectmen shall be the granting
authority of all Special Permits pertaining to non-accessory s~gns
as specified in Section 6.52 of this Bylawl The Boar,'of Appeals
shall b~ the granting authority of all other Special Permits.'
allowed ~n this_ Zoning. Bylaw._ - , ·
2.66 Special permit Unzt - , " . -
A.useof a buildIng- o~ lOt or an action upon premiseS.~hlch' ' may be
permitted under, this. Bylaw '?nly' upon application to the
appropriate Special Permit~Grant~ng'Authority for a'Special~ '
Permit and subject to ~he approyal of such Permit Granting'--'
Authority and the conditions stipulated.
2.67 . Street .
A publlc way or a private way open to.~ravel.by the generai publlc,
or away shown.~.On a plan of a subdivislontheretofor~ duly approved
by the PIanning Board. . '
'2-68" Structure ' . i . , ..
Me,ns a .combination of materials to fo'rm a cOns%ruction that is
saze anu s=a~le, including, among others, buildingS;"stadi-ms,
tents, reviewing standS, platforms, staging, observation'towe~s,
radio towers, water tanks, 'towers, private and publio swimming
pools,' trestles, piers ?nd.wharves, sheds, shelters, fences, and
walls, and display signs; the te~m structure shall be construed as
if followed by the words "or part thereof".
2.69 Towa 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 this Bylaw.
2.70 Tributary
Any portion'of any. brook, stream, bog, swamp, or pond which flows
into Lake Cochichewick.
2.71
Yard (Setback)
An open space which lies between the principal buildin~ orgroup of
buildings and a lot line.
2.72
Yard, Front (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 extendingacross 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 line of a lot and the adjacent side
of any building thereon, such open space being understood to oove
the entire extent between the front yard and the rear yard of sU~Ch
a lot. .
2.75
2.76
1.
(1985/25) See 2.30.1
Pl,~ed Development District
Planned Development District - A Planned Development DiStrict
shall mean development of an area of land as a single-entity,
which lies in an Industrial-S (I-S) District, in which a
mixture of residential, open space, commercial, and/or
industrial uses, and a variety of building types 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 Byl'aw.
Usable Open Space - The part or parts of land or structure
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within the PDD which are reserved for active or passive
recreation use. This space shall exclude parking areas,
driveways, and walkways and open areas in commercial areas
-~ such as cafes and shall be open and unobstructed to the sky.
Trees, -plantings, arborS, fences, sculpture, fountains,
swimming pools, open-air recreational facilities, laundry
apparatus and similar objects shall not be considered
obstructions.
2.77 Public ~arklng Area -
parking area owned and maintained by the Town of North Andover.
SECTION 3
ZONING DISTRICTS AND BOUNDARIES
3.1
Establishment of Districts
The Town of North Andover is hereby divided into zoning districts
designated as follows:
Residence i District
Residence 2 District
Residence 3 District
Residence 4 District
Village Residential District
Residence 5 District
Residence 6 District
Business I District
Business 2 District
Business 3 District
Business 4 District
Village Commercial District
General Business District
Industrial I District
Industrial 2 District
Industrial 3 District
Industrial S District
Flood Hazard District
Watershed Protection District
(R-i)
(R-3)
(R-4)
(UR)
(R-6)
(B-4)
(VC)
(G-B)
(I-S)
3.2 Honing Map
The zoning districts established bythis Bylaw are bounded as shown
on a map dated May 12, 1972, as the same may be adopted by the
Town, and as it may hereafter be amended. Said map accompanies and
is hereby made a 'part of this Bylaw. 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 designated on
maps entitled "Flood Insurance Rate Maps" (FIRM) and Flood Boundary
and Floodway Map dated'June 2, 1993 and as it may hereafter be
amended, on file with the Town Clerk, incorporated by reference
herein.
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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 descriptions
appearing in the zoning Bylaw adopted by the Town in 1956, and as
thereafter amended, insofar as any of them may be pertinent
thereto.
3.4
Historic Districts (1987/16)
Historic Districts established pursuant tot he provisions of M.G.L.
Chapter 40C, as may be from time to time amended, shall be
indicated on the ZoningMap by appropriate symbol.
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SECTION 4
4.1
4.11
1.
Sm
BUILDINGS AND USES PERMITTED
District Use Regulations
General Provisions
In the zoning districts above specified, the fOllowing
designated buildings and'alterations and extensions thereof
and buildings accessory thereto and the following designated
uses
o~
land, buildings, or part thereof and uses accessory
thereto are permitted. Ail other buildings and uses are
hereby expressly prohibited except uses .which are similar in
character to the permitted uses shall be treated as requiring
a Special Permit (1985/26)
When a lot in one ownership is Situated in part in the TownOf~
North Andover and in part in an adjacent town or city, the
provisions, regulations and restrictions of this Bylaw shall
be applied to that portion of such lot as lies in the Town of
North Andover in the same manner as if the entire'lot were
situated therein.
When a zoning district boundary divides a lot of record on
June 5, 1972 in one ownership, all the zoning regulations set
forth in this Zoning Bylaw 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.
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 located nor impair the neighborhood. Where manufacturing
of any kind is allowed as an accessory use, it shall be
restricted to such light manufacturing as is incidental to a
permitted use and where the product is customarily sold on the
premises by the producer to the customer.
No private or public (1985/20) way giving access to a building
or use or not permitted in a residential district shall be
laid out or constructed so as to pass through a residential
district.
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4.12 Permitted Uses
4.121 Residence I District
Residence 2 District
Residence 3. District
1. One-family'dwelllng, but'not to exceed one dwelIing on any one
lot. .
2. Plac~ O~ wOrship. .
3. Room~ng~ house9 renting rooms for dwelling purposes or
furnishlng table ~oard to not more than ~0ur (4) persons.not
members of th? familyresiden~ ina-dwelling.So used, provided
therebe no display or advertising on such~welling or i~s lot
other'.than a n~me place Or sign not to eXceed Six'(~) inches
by twenty-four (24)inches inSize, and'further ~OVlded that
n° dwelling shall be'erected or altered primarily for such
use. . - .. ·
4. For .use .of' a dwelling in any residential district or
mult~-~amlly district for a home occUPation, the followin~
conditions shall-apply: . ' -
a. Not more than a tot~l of three (3) people may be employed
in the home occu~tlon,' One ?f.~ho~ shall bethe, owner of
the home occupation and resldlng in Said dwelling;
b.~ The ~e is' carrled-- on strlctly-- within the principal
building; ·. ' .
c~ There Shall be. nO exte~16r alterations., accessory
'bui~di'ng~, or display which .are not custOmary with
residential buildingS;
d. Not more than twenty-five (25) percent~ofthe existing
gross floor area of the dwelling unit so' used~ -~not to
exceed'one thousand (1000) 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;
The building or premises occupied shall not be ~endered
objectionable or detrimental to the residential character
of the neighborhood due to the eXterior appearance,
emission of odor, gas, smoke, dust, noise, disturbance,
or in any other way become objectionable or detrimental
to any residential use within the neighborhood;
15
Any such building shall include no features of design not
customary in buildings for residential use.
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.
Agriculture, horticulture, floraculture, viticulture or
silvaculture. (1986/100).
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 five i5), the keeping.
of one additional animal or. birdbut not the keeping of
any animals, birds or pets'~of persons not resident on
such lot. (1993/36)
On any lot of at least five (5) acres, the keeping of any
number of animals or birds regardless of .ownership and
th~ operation of equestrian riding academies, stables,
stud farms, and poultry batteries.
The sale of products raised as a result of the above uses
~n the s~bject land. (1986/100),
The. sale of products of agriculture, horticulture,
floraculture, viticultur~ or Silvaculture~.as well
accessory or customary items, by any" person who
primarily engaged in any of the above activities. The
operation must .be on-at .least ten (10) c~ntiguous acres
used primarily for any of these activities. (1986/100).
Swimming pools in excess of two (2) feet deep shall be
considered a structure and permitted, prog!ded they are
enclosed bya 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 residing at the pool
location. Pools shall have a m~n~m, ten..(lO) 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 and private non-profit edUCational facilities.
(1986/17)
b. Private
Permit.
for profit educational facilities by Special
(1986/17)
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11.
12.
Public building and public service corporations (Special
Permit required), but not including public works garages.
Golf Course.
Swimming and/or tennis clubs shall be permitted with a Special
Permit.
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15.
16.
17.
Cemetery.
Nursing and convalescent home - see dimensional requirements
of Table 2 (Special Permit required)
Municipal recreational areas.
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.
Family Suite - a separate dwelling unit within or attached to
a dwelling for a member of a household is allowable by Special
Permit provided:
a. The dwelling unit is not occupied by anyone except
brothers, sisters, maternal and paternal: parents and
grandparents, or children of the residing owners of the
dwelling
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That the premises are inspected annually by the Building.
Inspector for conformance to this section of the Bylaw;
The Special Permit shall be recorded at the. North Essex
Registry of Deeds.
18. Accessory buildings no larger than siXty-four (64) square feet
shall have a minimum.five (5) foot setbackfrom side and rear
lot lines and shall be located no nearer the street than the
building line-of the dwelling.
19. Day Care Cen~er by Special Permit. (1985/23)
20. Independent Elderly Housing by Special Permit in Residence
District 3 only.
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4 · lZ2
1.
2.
3.
Residence 4 District
One residential building per lot.
Place of Worship.
Renting rooms for dwelling purposes or furnishing table board
to not more than four (4) persons not members of the family
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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.
For the use of a dwelling in any residential district or
multi-family district for a home occupation, the following
conditions shall apply:
Ndt more than a to~al 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,
The use is carried on strictly within the principal
build' - 1ng,
There Shall be no exterior alterations, ~ccessory
building, Or display which are not customary with
residential buildings;
Not more than twenty-five (25). percent of the existing
gross floor area of the dwelling unit so used, not to
exceed one thousand (1000) 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;
The building or premises occupied shall not be rendered
objectionable or detrimental to the residential character
of the neighborhood due to the exterior appearance,
emission of odor, gas, smoke, dust, noise, disturbance,
or in any other way become objectionable or detrimental
to any residential use within the neighborhood;
Any such building shall include no featureof design not
customary in buildings for residential use.
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 dale of the Premises up6n which they are
placed.
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
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10.
11.
12.
13.
14.
assortment of animals or ~irds in addition to the
household pets of a family living on such lot, and for
each additional acre of lot size to five (5) 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 five (5) 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.
The sale of products raised as a result of the above uses
on the subject land.
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 fence at least four ('4) feet in
height to be determined by the Building In~pecto~ to prevent
the entrance of persons other than those residing at the pool
location. Pools shall have a minim,,m ten (10) foot setback
from side and rear lot lines and he located no nearer the
street than the building line of the dwelling, except by
Special Permit.
Museums.
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Public and private non-profit educational facilities.
(1986/17)
Private for profit educational facilities by Special
Permit. (1986/17)
Municipal building or use, and public service corporation use
(Special Permit required). (1986/18)
Golf course'.
Swimming and/or tennis cl. ubsshall be permitted with a Special
Permit.
Cemetery.
One or two-family dwellings, including the right to convert
any existing dwelling to accommodate not more than five (5)
family units by Special Permit from the Zoning Board of
Appeals after a public hearing with 'due notice- given,
provided:
No major exterior structural changes shall be made which
alter the character of the existing neighborhood. The
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right to convert shall apply to any dwelling under the
ownership of one single person, partnership or
corporation to be converted for use as a dwelling of not
more than five (5) family units, and meeting all
requirements of the State and Town Statues and Bylaws,
including the Health Codes, Building Codes, Zoning Laws,
and Zoning Bylaws.
stairways leading to the second or-any higher floor shall
be enclosedl (1987/24)
15. Municipal recreational areas.
16. Guest or rooming houses.
17.
Nursing and convalescent homes - see dimensional requirements
of Table 2 (Special Permit required).
18. Any accessory use customarily incident~to any of the above
permitted uses, provided that such .accessory us shall be not
injurious, noxious, or offensive to the neighborhood.
19. AccessorY buildings no larger than sixty~four (64) squarefeet
shall 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.
20. Day Care Center by Special Permit. (1985/23)
21. Congregate Housing for Elders - Special Permit
In the R-4 zone the-Planning Board-may grant a SpeciaI
Permit for congregate housing consistent with 'Special
Permit criteria and procedures set forth in Section 10.3
of this Bylaw.
be
The maxim,~m allowable FAR for congregate, housing shall be
0.30 in the R-4 District (seven (7) units).
Ce
In no instance shall any new or pre-existing building
used for congregate elderly housing have more than
fourteen (14) dwelling units.
All dimensional criteria established in Section 7, Table
2 S,,m-ary of Dimensional Regulations shall apply to all
structures used for congregate housing purposes.
4.123 VtIlage Residential District, (1987/11) '
1. Single family residential structures~
2. Two family residential structures.
2o
I 3. Multi-family residential structures, not exceeding five (5)
dwelling units per structure.'
I 4. Place of worship.
5. Renting rooms for dwellingpurposes or furnishing table board
to ~ot more than four (4) persons'n~t members of the family
resident ~n a dwelling so sued, provided there be no display
or advertising on such dweli~ng, or its lot other than a name
~late or sign not to exceed slx ~6) inches by twenty-four (24)
inches Sn size, and further provided that'no dwelling shall be
erected or altered primarily for such use. .
6. For ~he use of a dwelling in any residential district .or
multl-~amily district for a home occupation, the following
conditions shall apply:
· a. Not more than a total ofthree (3) people may be employed
in the home ocCupation, one. ofi~h~m'sh~li be the owner of
the home occupation and residing in said dwelling.
building.. ' ' .
' b. The use is carried on' strictly within the principal
c. There. shall be. no exterior alterations, accessory
building, or d~splay which are not customary with
residential buildings.
Not more than twenty-five (25) percent of the existing
gross floor area of the dwelling unit .so used, not to
exceed one thousand (1000) square'feet, is .devoted to
such use. In connection with"such use, thereis 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.
fe
The building or premises occupied shall not be rendered
objectionable or detrimental to theresidential character
of the neighborhood due to the exterior appearance,
emissions of odor, gas, smoke, dust, noise, disturbances,
or on any way become objectionable or detrimental to any
residential use within the neighborhood.
Any such building shall include no feature of design not
customary in building for residential use.
Real estate signs not to exceed twenty-four (24) inches by
thirty-six (36) inches in sizewhich shall advertise only the
rental, lease, or sale of the premises upon which they are
placed.
10.
11.
1~.
13.
14.
15~
16.
11
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 five (5) acres, the
keeping of one additional animal or birds; but not the
k~eping of any animals, birds or pets of persons not
resident of such lot.
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On any lot of at least five (5) acres the keeping of any
n,,mher of animals or.birds regardless of ownership and
the operation of equestrian riding academies, stables,
stud farms, dairy farms, and Poultry batteries.
The sale of products raised as a result of the above uses
on the subject land.
Swimming pools in excess of two (2) feet .deep shall be
considered -& structure .and permitted provided they are
enclosed by a suitable wall offence at least four (4) feet in
height to be deteimined by the Building Inspector to prevent
the en%rance of persons other th.an.those residing at the pool
location. Pools shall have a mlnlm,,m 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.
Educational facilities.
Municipal building and public service corPoration use (SPecial
PeL~it required). .
Golf coursel
Swimming and/or tennis Clubs Shall b9 peLmitted With a Special
Permit.
-cemetery.
Oneor two-family dwellings, includingthe right-to convert an
existing dwelling to accommodate not~morethan'five (5)'family
units by Special Permit from the Zoninq Board'of Appeals after
a public hearing with due notice given, provided:
a. No major exterior structural changes shall be made. The
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17.
18.
right to convert shall apply to any dwelling under the
ownership of one single person, partnership, or
corporation to be converted for use as dwellings of not
more than five (5) family units, and meeting all
requirements of the State and Town Statues and Bylaws,
including Health Codes, Safety Codes, Building Codes,
Zoning Laws and Zoning Bylaws.
Stairways leading to the secondor any higher floor shall
be enclosed.
Municipal recreational acres.
Guest or rooming houses.
19~
20.
21.
4 · 124
· Nursing and convalescent homes-- see dimensionaI requirements
of Table 2 (Special permit required).
Any accessory building no larger than sixty-four .(64) square
feet shall have a minim~z~ five (5) foot Setback from Side and
rear lot lines and shall be located no nearer the street than
the building line of the dwelIing.
Day Care Center by Special Permit (1985/23)
Residence $ District
1. One-family dwelling.
2. PlaCe of worship.
Renting rooms for dwelling purposes 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 it's 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.
For the use of a dwelling in any residential district or
multi-family district for a home occupation, the following
ondltlons shall apply:
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;
The use is carried on strictly within the principal
building;
c. There shall be no exterior alterations, accessory
23
Se
buildings, or display which are not customary with
residential buildings;
Not more than twenty-five (25) percent of the existing
gross floor area of the dwelling unit so used, not to
exceed one thousand (1000) 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
b~yond these limits;
There will be no display of goods or wares visible from
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the street;
The building or premises occupied shall not be rendered
objectionable or detrimental to the residential-character
of the neighborhood due to the exterior appearance,
emission of odor, gas, smoke, dust, noise, disturbance,
or in any other way become objectionable or detrimental
to any residential use within the neighborhood';
g. Any such building shall include no feature of design not
customary in buildings for residential use.
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 6f 'animals or birds ~n addition to the
household pets of a family living on such lot, and for
each additional-acre, of lo% .size to five (5) acres-, the
keeping of one additional animal or birds; but not the
keeping of any animals, birds, or pets of persons not
.resident on such lot.
On any lot of at least five (5)' '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'6f the above uses
on the Subject land.
Swim~ing pools in excess of two (2) feet deep shall b~ ~]
considered a structure and permitted provided they are
24
by a suitable wall or fence at least four (4) feet in
enclosed
height to be determined by the Building Inspector to prevent
the e~trance of persons other t~a~ those residing 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
~treet_ than ~he building line of the dwelling, except by
special Permit.
8. Museums.
9. Public ,building or .use and public service co~rP~rations
(Special Permit required), 'but not including public works
garages. . .
10. a. (1P~911c and private non-profit educational facilities
ll. Golf Course.
12. Swim?ing and/or tennis' clubs shall be permitted With a Snec~
Permit.
13. Cemetery. ·
14. Town houses..
15. Guest or rooming houses..
16. of Table 2 (Special Permit
Nursing or convalescent ~omes -.seedimensional 'requirements
required).
Multl-f.amilydwelllngs.
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17.
18.'-'' Profe~sl0nal offices on the ground ~1oor 'of' mUlti-family
dwelling.structures. (Floor area utilized for. off%cee shall
reduce ~he total floor space ordinarily permitted for
residential use ona proportional basis.~ Eachone- thousand
(1000) square' f~et or"part thereof ~ such.flo°r.space shall
reduce the permltted.n~mber_ of dWel!lng units by °ne)~
191 Hotel or motel (Spe'clal Permit required).
20.' Parking, indoor storage and other accessory uses associated
with th? ~bove uses, provided that such accessory use shall
not be ln]urious, noxious, oroffensive to the neighborhood.
_
21. Accessory buildings no larger than sixty-four (64) square feet
shall have a minimumfive (5) foot-setback-from side and rear
lot lines and shall be located no nearer the street than the
building line of the dwelling.
22. Day Care Center by Special Permit (1985/23).
4.125 Residence 6 District (1989/43)
e
Single family residential structures.
Two family residential structures.
Multi ~amily residential structures, not exceeding7 dwelling
units per structure.
Place of worship.
Renting rooms for dwelling purposes or furnishing table board
to not more than four persons not members of the family
resident in a dwelling so used, provided there be 'no
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 insize, and.fuLther provided that no dwelling shall be
erected or altered primarily for such use.
For the use of a dwelling in any residential district or
multi-family district for a home occupation, the following
conditions shall apply:
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Not more than three (3) people may be employed in the
home occupation, one of whom shall be owner of the home
occupation and residing in said dwelling. ~ ~
The use is carried on strictly within the principal
building. -
There shall be. no exterior alterations, accessory
building, or display which are not CUstomarY .with
residential buildings. .
Not more than twenty-five (25) percent of the. existing
gross floor area of the dwelling unit so used, not t°
exceed one thousand' (1000) square feet, is devoted to
such use.
In. connection with such.use, there is to be kept nc.stock
in trade commodities, or products which occupy space.
beyond these limits. .
Therewill be no display of'goods or wares visible from
the street.
The building or premises occupied shall not be rendered
objectionable or detrimental to the residential character
26
of the neighborhood due to the exterior appearance,
emissions of odor, gas, smoke, dust, noise, disturbances,
or in any way become objectionable or detrimental to any
residential use within the neighborhood.
g. Any such building shall include no feature of design not
customary in buildings for residential use.
ii 7. Real estate signs not to exceed t~enty 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.,
10.
11.
12.
be
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 five (5) acres, the
keeping of one additional animal or birds; but not the
keeping of any animals or birds or pets of persons not a
resident of such lot.
On any lot of at least five (5) 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.
The sale of products raisedas a result of rhea bore uses
on the subject land.
Swimming pools in excess of two (2) feet deep shall be
considered a structure and pemmitted 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 thanthose residing at the pools
location. Pools shall have a minimum of a ten~-(10) foot~ set.-
back from rear and side lot lines .and be located no nearerthe
street than the building line of the dwelling, except by
Special Permit.
Musel~ms.
Educational facilities.
Municipal building and public service corporation use (Special
permit required).
13. Golf course.
14.
15.
16.
17.
18.
19.
Swimming and/or tennis clubs shall be pekmitted with Spec.ial <:.~
Permit.
Cemetery.
One or two family dwellings, including the right to convert an
existing dwelling to accommodate not more than seven family
units by Special Permit from the Zoning Board of Appeals after
a public hearing with due notice given, provided:
a. N~ major exteriOrstructural changes shall be-made. The
right to conveat shall apply to any dwelling under the
ownership of 'one single person, partnership, or
corporation to be converted for ~se as dwellin~ of not
more than seven(7) family units, and' meeting all
requirements of the State and Town Statues and Bylaws,
including Health Codes, Safety COdes, BUilding Codes,
Zoning Laws and Zoning Bylaws.
b. stairways leading to the second or any higher floor shall
be enclosed.
Municipal recreation.areas.
Guest or rooming houses.
Nursing and convalescent homes - seedimensiOhal, requirements
of Table 2 (Special Permit required).
20. Any accessory building larger than siXt~four (64) square feet
shall have a minimum five (5) foot setback from the side and
rear lot lines and shall be located no nearer to 'the street
than the building line of the dwelling.
21. Day Care Center by Special Permit~
The followin~ uses shaI1 to beallowed only b? Speciai"~e~mit~ the
permit granting authority shall be the Planning B0ard~
1. Retail stores, saleroOms, funeral parlors, showroomsor Places
for any professional artistic or mercantile activity,, not
involving automotive sales, manufacturing or service also
retail bakeries or confectioneries by Special Permit'~
Banks, officers and municipal, civiC- or pUblic service
buildings., such as post offices, telephone exchanges,..town
officers, school library; local passenger~station by Special
Permit~
3. Dining room or lunch room by Special Permit.
4. 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 by
Special Permit.
5. Single family residential structures, which conform to the
following dimensional criteria: ·(1992/52)
Requirements , .' D~mens~on~' '
Lot area min. Sq. Ft. 5,000 '
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Height ~ax. (ft.) 35
Street Frontage ~in. (ft.) 75(1) '
Front Set Back Mln (ft.) 20 ..
. Side Set Back Min (ft.) 5
Rear Set Back ~in' (ft.) ' 15
· Floor areaRatlo Max. N/A
" Lot c°verag? Max. . . 25%
Dwel%ing Unit. Density 6/acre(2)
contlguTs ~ulld~ble Area ' 5;'000 Sqi ~'Ft..(Min.)
For each.application filed for? Special Permit ~nderthis ~ection,
the appllc~nt must h~ve a contiguous parcel of l~nd, in single or
~onsolidated ownership at the time of application, which is at
least three (3) acres in size.
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Footnote: 1.. In instances where.a lot fronts on'Route 114, for
. purposes of public safety, the. required lot
frontage shall be 250 feet. . .
~ 2. only if all lots or st.ructureS, are serviced with
public sewer and/or a private sewer system approved
and accepted by the ~own. FOr 'the purpose .of .'this
Section, the term. private sewer system shall~mean a
sewe~ system built by ? developer .to the Town
specification? and locatlons,, andded~cated to t~e
Tow~.. ~n no-lnstances'sh~l% the term private sewer
system be construed to limit accessibility.to
sewe~ system beyond regulations consistent With the
· public sewer system.
4.~Z6 Business.1 District '~
1. Retail establishments. .
2. Personal service establishments.
3.I Pro~esslonal' offices, banks, real estate offices and insUrance
Offices. '..
4. Eating o~ drinking uses m~y be permitted only as a secondary
use within a permitted primary uSe~
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6.
7.
8.
9.
10.
I1.
i2 .-
Place of worship.
Non-profit school.
Public building or use and public service corporation.
Art Gallery.
Residential uses including one and two family" dwellings.
Apartments shall be allowed where such use is not more than
fifty (60%) percent of the total floor space iht he building.
a. 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 mo~e than three' (~). of.-'-any kind or
assor~-ment of animals .or ~r~s .in adaition to the
household pets of a family llvlng on such lot, and for
each.ad4itional acr~ ~f lot s~ze to five (5)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 five (5) acres,-thekeeping of any
number of animals or birds regardless of ownership and
the operation of equestrian riding academies, stables,
stud farms, dairy fa~s and poultry batteries.
d. The sale of products raised as a result of theabove uses
- on.the subject land. . ~
SWimming and/or tennis clubs-shall be permitted with a Special
Permit.
13.
4.127 Business 2 District
1.
2.
3.
Parking; indoor storage, and other accessory uses customarily
as.sociated with the above uses,~provided that such accessory
us? shall not .~be injurious, moxious or offensi~e to..~-the
neighborhood. -
Day Care Center by Special Permit (1985/23).
Retail establishments.
Personal Service establishments.
Professional offices, banks, real'estate offices and insurance
offices.
Business and other offices.
3O
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
Public building or use and public service corporation.'
Art Gallery.
Swimming and/or tennis clubs shall be permitted with a Special
Permit.
Place of worship.
Eating and drinking establishments.
Non-Profit school or private school for profit or museum.
Indoor place of amusement or assembly.
Automobile service station (limited to one in each 2,000
linear feet of street or highway as measured, along
centerline).
Medical center, clinic or medical laboratory.
Funeral Parlor.
Multi-family dwelling and town houses (with Special Permit).
Public parking garages.
Taxi depot-~
Printing and reproduction.
a.
Farming of field crops and row crops, truCk gardens,
orchards, plant nurseries, andgreenhouses.
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 t6 the
household pets of a family living on Such ~lot, and for
each additional acre of lot size to five (5) acres, the
keeping of one additional animal or bird~'but'no~ the
keeping of any animals, birds, or pets of person~ not
resident on such lot. .- - .
Ce
On any lot of at least five (5) 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.
Residential usewhere such use is not more than fift~ percent
(50%) of the total.floor space in the structure.
Parking, indoor storage and other accessory uses associated
with the above uses, provided that such accessory use shall
not be noxious, injurious, 'or offensive to the neighborhood.
22. Day Care Center by Special permit (1985/23).
4.128 Business 3 District -'
e
Retail establishments.
Personal service establishments.
Professional offices, banks, real estate offices and'insurance
companies.
Business and other offices.
Public building or u~e and public'service corporation.
Art Gallery.
swimming and/or tennis clubs shall be permitted with a Special
Permit.
9.
10.
11.
12.
13.
'14.
15,
16.
17.
Place of worship.
Eating and drinking establishments.
Non-profit school or private school for profit or'museum.
Indoor place of amusement or assembly.
Automobile service station (limited ~o-one
linear feet of street or highway as '. measured'..along
centerline) ·
Medical center, clinic-or medical laboratory-.
Funeral parlor.-? - .~
Publi6 parking garage~
Taxi Depot.
in each .2,000
the
Printing and reproduction~. · '
18. Research an~ 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.
32
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21.
22.
4. ~Z9
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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 five (5) acres, the
keeping of one (1) 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 five (5) 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.
The sale of products raisedas a result of the above uses
on the subject land.
5.
6.
7.
Parking, indoor storage and other accessory uses associatec
with the above uses, provided that such accessory use shall
not be injurious, noxious, or offensive to the neighborhood.
Day care Center by Special Permit (1985/23).
Business 4 District
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-percent
(10%) of total gross floor area of the principal uses.
Place of worship.
Non-profit school or private school for profit or museum.
~,blic building or. use and public service corporations.-
Hotel or motel (limited to one in each 2,000 linear feet of
street or highway as measured along center, lng).
Medical center, clinic or medical laboratory.
Nursing and convalescent homes. See dimensional requirements"
of Table 2.
10. Art Gallery.
11. Swimming and/or tennis clubsshall be-permitted with a Special
Permit. '
33¸
12.
13,
14.
Printing and reproduction..
a.' Farming of field crops and row'crops-, truck gardens,
orchards, plant nurseries, and green houses.
b. On. any lot of at least.three (3). acres, 'the keeping of a
-. .total of not more than three(3) of. any kind or
assortment of animals or birds in -addition to the
household pets of a family living on such lot, and for
~each additional acre of lot. size to five (5) acres, the
.keeping of one additional animal, or.~bird; b~t not the
keeping of _any animals, birds, or pets of persons not
resident on such lot.
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On'any lot of at least five (5)'acres; thekeeping of any
number of animals or birds regardless of. ownership and
the operation ~f equestrian riding academi~s, stables,
stud farms, dairy farmsl and poultry batteries.
d. The sale of productS raised as a-result of the aboVe uses
on the subject land.
Parking, indoor storage and other accessory uses associated
with the above uses, provided that such use Shall not be
injurious, noxious or offensive to the neighborhood.
15. Day Care Center by .Special Permit (1985/23)
4.150 Village Commercial District (1987/12)
1. Retail stores and wholesale stores,- saIesroomsl funeral
parlors, showrooms or place for any professional, artistic or
mercantile activity, not involving automotive sales or
manufacturing; also retail bakeries or retail.'confectioneries.
4. Restaurant, dining, room .or lunch.room~'
5. . .Any accessorY use custOmarily' incident. to~'any'ofJ the~above
Banks, . offices and municipal, civic ' or~ public service
buildings, such as post office, telephone exchan.ges, town
offices,-school; library, ~museum, place- '°fi, worshiP, '~local
passenger station.
or other place of amusement of as'Sembly.
Hall,
club,
theater,
pezmitted uses, provided that Such accessory use shall not be
injurious, noxious, or offensive to the neighborhood.
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
34
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4. 131
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total of not more than three (3) of any kind or
assortment of animals or birds in addition to the
household pet of a family living on such lot, and for
each additional acre of lot size to five (5) acres, the
keeping of one additional animal or bird; but not the
keeping of animals, birds or pet of persons not resident
of such lot.
on any lot of at least five (5) acres, the keeping of any
animals, or birds regardless of ownership and the
operation of equestrian riding academies, stud farms,
dairy farms, and poultry batteries.
The sale of products of agriculture, horticulture,
floraculture, viticulture or silvaculture as well as
accessory or customary items .by the person who is
primarily engaged in any of 'the above activities. The
operation must be at least ten (1-0) contiguous acres used
primarily for any of these activities.
Day Care Center by Special Permit (1985/2.3).
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.
Banks, offices, and municipal, civic, or public service
buildings, such as post office, telephone exchange, town
offices, school, library, museum, place of worship,-local
passenger station.
Hall, club, theater, or other place of amusement-or assembly.
Automobile service and filling stations, automobile storage
and repair garages, including automobile body repairs and
painting, and automobile sale agencies for new and used cars,
provided there be not displa~ed or stored outdoors on such
premises more than twent~-five (25) automobiles or other
vehicles.
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
injurious, ~oxious, or offensive to.the neighborhood.
a. Farming of field crops and. row crops, truck gardenS,
35
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4,3.32
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 Iot, and for
each additional acre of lot size to five (5) acres, the
keeping of one (1) 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 five (5) acres, the keeping of. any
number of animals or birds regardless of ownership and
the operation of equestrian riding academies, stud fa~s,
dairy 'farms and poultrybatteries.
d. The sal~ of products raised as a result'Of the above uses
on the. subject land.
Day Care Center by Special Permit (1985/23).
Industrial i District
10.
11.
Research and development facilities.
Business', professional~and other offices.
Retail and food uses shall be permitted if they are accessory
tot he principal use and are-primarily intended to service the
principal use. No more than ten percent (10%) of the 'gross
floor area of the principal use may be devoted to-accessory
use. Where there is more than one principaluse each use may
only have ten percent (10%) of gross floor area (GFA) devoted
to any accessory use. (Refer to Section 2.21,' Definition of
Accessory Use Structure). (1987/25)
Place of worship.
Non-profit.school or'Private school for profit.
Public building or use and public service corporations.
Medical center, clinic, o~-medical laboratory.
Art gallery or museum..
Swimming and/or tennis clubs and/or indoor ice skating
facilities shall be permitted with.a Special Permit'. '
Printing and reproduction.
Light manufacturing, including manufacturing, fabrication,
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processing, finishing, assembly, packing, or treatment of
articles o~ 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 t~wn by reason of dust, smo~e, fumes,
odor, noise, vibration, light or other adverse, environmental
effect. .
12. a. Farming of. field crop~ 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 m°~e .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 five. (5) acres, the
keeping of one (1) additlonal animal or bird; 'bUt not the
keeling'of any animals, birds, or pets of persons not
resident on such lot. .
c. On any lot of. at least ~ive (5) acres, the keeping ~f any
~.umber of ~nlmals or birds regardless of ownership and
the operatlon~f 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 ~he. subje¢~ land.
13. Wareh~Uslng and wholesaling shall be permitted ohly'i as a
secon~aryuse.
1'4. Golf.course.._ ~.... - ·
15. Parking, 1nd?or storage andother accessory Uses'Customarily
associated wlththe.a~ove.uSes, provided that such accessory
use shall not be in]urious, noxious or offensive to the
neighborhood.
16. Day Care Center by SpeCial Permit (1985/23).
4.133 Industrial ~ District
Research and development facilities.
Business, professional and other offices.
Retail and food uses shall be permitted if they are accessory
to the prin¢ipaluse and.are primarily intended to'service the
principal use. No more than ten percent (10%) of the gross
floor area (GFA) 'of the principal use may be devoted to
accessory use. Where there is more than one principal use
each use may only have ten percent (10%) of gross floor area
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(GFA) devoted to any accessory use. (Refer to Section 2.21,
Definition of Accessory Use Structure) (1987/25)
Place~of worship.
Non-profit school or private school for profit.
Public service corporation and energy or resource recovery
facility. Any dumping of ash or other hazardous material
generated by such facility shall be subject to a Special
Permit,' Granting Authority to be the Planning Board. (1992/56)
Medical center, clinic, or medical laboratory,
Art gallery.'
Swimming and/or tennis clubs shall be permitted with a Special
Permit.
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10. Printing and reproduction. .
11, Light~ manufacturing-, including manufacturing, fabrication,
12.
processing, finishing, assembly, packing, or treatment of
articles, or merchandise provided such uses are conducted
solely within a building and further provided that such uses
are not offensive, noxious, detrimental, or dangerous to
surrounding areas or the town by reason of. dust;..smoke, fumes,
odor, noise, vibration, light, or other adverse environmental
effect.
a. Farming of' field crops and row crops, truck gardens,
orchards, plant nurseries, and greenhouses.
On any lot of at least three (3) acres,.the keeping of a
to~al~ o~ not more than three" (3) of any kind or
assortment of -animals or birds in addition. ~ the
household pets of a family living on .such-l~t,>and for.
each additional acre of lot size to five (5) acres, the
keeping of one (1) 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 five.(5) acres, the keeping of any
n,,mher of animals or birds regardless of ownership and
the operation of equestrian riding academies, stablest'
stud farms, dairy farms, and poultry batteries.
d~ .... The sale of products.raised as a-resUlt.of:the abo~e-uses
on the subject land.. _.
Warehousing and wholesaling.
13.
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14. Golf course.
15.
16.
Lumber or other building materials storage or sales, fuel
storage or contractor,s yard, provided all outdoor uses are
enclosed by a fence of five (5) feet or more in height.
Bus garage. --
Automobile service station (limited to one in each 2000 linear
feet Of street or highway as measured along centerline).
Car wash.
19.
20.
21.
Automobile or other motor vehicle repair, provided all
activities are within an enclosed building.
Veterinary hospitals and kennels, provided all activities are
with an enclosed building.
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. "
22. Day Care Center by Special Permit (1985/23).
4.~34 Industrial 3 Distriot
Public buildings.
PubIid garages and accessory buildings.
Public service corporations.
Public sanitary disposal Site.
Public storage of~equipment.
Ail uses pe~itted in the Industrial 1 Districq:~
Day Care Center by Special Permit (1985/23).
4.135 Industrial "S" District
1. Research and development, fa¢llitJ, es.
2. Business, Professional and other offices.
3e
Place of worship.
Non-profit school or private school for profit.
Public building or use and public service corporation.
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Printing and reproduction.
Light manufacturing, including manufacturing,, fabrication,
processl g 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.
Premises of a bank, post office, telephone eXchange
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.
Warehousing and wholesaling.
10.
11.
12.
Lumber or other building materials storage or sates, fuel
storage, or contractor's yard~ provided.all 'outdoor uses are
enclosed .by a fence of five (5) feet or more in height,
Bus garage.
Any accessory use customarily incident to any of the above
permitted uses, providedthat such use shall not De'injurious,
noxious, or offensive to the neighborhood.
13.
Farming of field crops and row crops, truck gardens,
orchard, 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. 16t size to five' (5) acres, the
keeping of one (1) additional animal or bird; but not the
keeping of any animals or bird~ Or Pets 'Of persons not
resident on such lot.
on any lot of at least five (5). acres, the keeping of.any
number of animals or birds ~egardiess of ownership 'and
the operation of equestrian riding academies, stables;
stud farms, dairy farmS, and poUltrY"batteries.
The sale of products raised as aresult'of the above uses
on the subject land.
14. Day Care Center by Special Permit (1985/23)
4o135 Watershed Protection District
1. Pu_~_rpose
The Watershed Protection District is herein established
as an overlay district and shall be superimposed on the
other districts established by this Zoning Bylaw. The
requirements enumerated hereafter for this Watershed
Protection District shall be in addition to, rather than
in.-ptac~.of, the requirements, of suc~ other districts.
Th~ Watershed Protection District surrounds Lake
CochiChewick, the'Town's sole source of public drinking
water supply. Regulations within the District are
intended to preserve the purity of the-ground water, the
lake, and its tributaries; to maintain the ground water
table; and to maintain the filtration and purification
functions of the land; while conserving the natural
environment; and protecting the public health safety and
The Lake C°chichewick Watershed Plar~ (August 1987),
prepared by I.E.P., Inc., for the Town of North Andover,
is a comprehensive study of the lake and its watershed.
I-E--P-'-~/~Y~S 'recommenaed management plan. Copies of
the I.E.P. report are available in the Planning 'Board
Office.
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The Special Permit Granting Authority (SPGA) under this
By~aw shall, be the. Planning=.Board..
Boundaries and Z~nes
The boundaries of the Watershed Protection District are
s]l~wXk.mn tkLe_ZDn~n~.~a~.a~ sm~.~fmrth_~a_plan.en~i.tl~
"Subdrainage Areas", LakeCochichewick Watershed Plan
(August 1987), Attachment 1, dated August 1985, prepared
by I.E.P.. Inc.-for the Town of North Andover. This plan
is hereby made a part of this Bylaw and is on file in the
Office of the Town Clerk.
The Watershed Protection District shall bedivided into
four zones. The uses and building requirements for each
zone will vary according to its proximity to the La_kc-and
wetland resource areas. The .Zones .are as follows:
Ge__~ There shall exist a General. Zone within
the Watershed Protection District which shall
consist of all land located beyond four hundred
(400) feet horizontally'from the annual mean. high
water mark of Lake CochichewiCk and all wetland
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ii.
resource
areas
(as
defined in M.G.L. Chapter 131,
Section 40, and the Town Wetland Bylaw) located
within the Watershed.
Non-Dischar e: There shall exist a Non-Discharge
Buffer Zone within the Watershed Protection
District which shall consist of all land areas
located between two hundred fifty (250) feet and
four hundred (400) feet horizontally from the
annual mean high water mark of Lake Cochichewick
and between one hundred fifty (150) feet and four
hundred (400) feet horizontally from the edge of
all wetland resource areas (as 'defined in
Chapter 131, Section 40, and the Town Wetland
Bylaw) located within the Watershed.
iii. Non'Disturbance: There shall exist a Non-
Disturbance Buffer Zone Within the Watershed
Protection District which shall consist~of all land-
areas located between one hundredS-fifty (150)- feet
and two hundred fifty (250) feet horizontally from
the annual mean high water mark of Lake
Cochichewick, and .between seventy five (75) feet
and one hundred fifty (150) feet horizontally from
the edge of all wetland resource ar~as (as defined
in M.G.L. Chapter 131, Section 40, and the Town
Wetland Bylaw) located within the Watershed.
iv. Conservation: There shall exist a Conservation
Zone within the Watershed Protection District which
shall consist of all land areas l~Cate~-within one'
hundred fifty (150.). feet horizontally from the
annual mean high water mark of Lake CochicheWick,
and within seventy five (75) feet horiZOntally from
the edge. of all wetland resource.ar~a~-(as defined
in M.G.L. Chapter. 131, Section 40; and the Town
Wetland Bylaw) located within the WaterShed.
In the event that the SPGA determines; on the basis of
credible evidence before it, that there .exists a
significant doubt or dispute concerning the proper
location of boundaries of the Watershed Protection
District onany individual lot or lots, the SPGA shall,
at the request of the owner of such lot or lots, engage
a Registered Professional Engineer to advise .it in
determining, such boundaries. The ,'owner making such
request shall reimburse the SPGA for the .coSt of such
Engineer. Upon completion of the Engineer's report to
the SPGA, the SPGA shall hold a hearing to make a final
determination of such boundaries. At such hearing, such
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report shall be deemed evidence sufficient to establish
the location of the boundary unless rebutted by credible
evidence to the contrary.
d. When the Watershed Protection District boundary divides
a lot of record as of June 28, 1978, in one ownership,
t~at portion of the lot within the Watershed Protection
District must comply ~iththls Bylaw. Where the premises
a~e ~artially outslde of. the Watershed Protection
District, potential pollution sources such ~s on-site
wgste disposal systems, shall be located outside of the
Dl§trict to the extent, feasible.. ·
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e. The provisions rela~lng to the COnservation
not apply to any activities undertaken by the DivlslonZ°~e .shallof
f. The Provisions ,relating.to the..establishment .of the
, c°n$~rvatlon' 'Zone and. the enlargement of the. Non-
Disturbance Zone and the Non-Disturbance Zones shall only
apply to l°ts recorde~ or registered after the date of
t~e ·enactment of this amendment (October 24, 1994).
(1994/1STM) .
Table 1 - Lots created after October 24,~1994'
conservation Non- Non-
Disturbance . Discharge
From'Annual 'High
Water Mar~ of
Lake Cochlchewick
out to .. 150' · 250" 400'
From'Edge ofai,1 '.
Wetland.Resource
Areas Within the
Watershed District
out to 75' 150'-' 400,~
Table 2 - Lots create4 o~ o~'p~or to OCtobe,~ 24, 1994
N?n- '- Non-
.' Dzsturbance Discharge.:
From Annual High
Water Mark of
Lake Cochichewick
out to
250'
325'
From Edge of Ail
Wetland Resource
Areas Within the
Watershed District
out to
100' 325'
Uses and Buil41ng ReqUirements
a. General Zone
There shall exist a General Zone within the- WaterShed
Protection District which shall consist of all land located
beyond four hundred (400) feet horizontally from the annual
mean high water, mark of Lake Cochichewick and~' all wetland
'resource areas (as defined in M.G.L.' Chapter 131, section 40,
and the Town Wetland Bylaw) located within the Watershed.
Allowed Uses: The following uses shall be allowed
in the General Zone of the Watershed Protection
District as itemized below:
All permitted uses allowed in Section 4.121
"Permitted Uses Residence 1, 2, and 3
District" of-the Zoning Bylaw:
(2) All uses associated with municipal water
supply/treatment and public sewer provided by
the Town of North Andover.
(3) The Division of Public Works may cdndUct
routine maintenance of any existing use of
property, including the maintenamce and
improvements of existing roadways~and drainage
systems.
(4)
(5)
Maintenance of fire access lanes by the.Fi~e
Department.
Ail agricultural uses, providing that such
uses exercise Best Management Practices and be
undertaken in such. a manner as to prevent
erosion and siltati'on.of~adjacent water bod~ies
and wetlands.
ii.
Uses Allowed by Special Permit: The followinguses
may be allowed in the General Zone. of the Watershed '
Protection District by the granting of a Special
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Permit issued pursuant to Section 4 of the
WatershedProtection District Bylaw:
(1) Golf courses, public or private with Best
Management Practices. .
(2) Any other use not provided for elsewhere in
this Section. .
(3) A commercial kitchen on public sewer.
iif. Prohibited . Use~: . ' The following uses are
specifically prohibited within.the General Zone of
the Watershe~ Protection DistrIct:
(1) Any solid Waste facility as defined by M.G.L.
Chapter_ 111, Section 150A. . i'
'('2)' Muni¢lpa1 sewag~i treatment~'f~c~llty, not
· including sewer lines,, pump stations and other
accessory sewer system equipment used .to
transport s~wage to a. treatment facility
located °utslde of the District.
(3) Privately owned waste~water treatment plants.
(4) Road salt or other deicing' ' stockpiles.
(5) Underground tanks or ~Collectlon- pits .for
storage of fuel or~ hazardous materials
including any tanks~ or collectio~ pits
partia%ly below ,mean gro%hnd elevation, b~t
exclugln~ any tanks, located completely within
~ecbt~olnd.~ng othel-w.~se~.permitted under this
(6) DumPing of snow from.. ~Side the District.
.
(7). Motor vehicle salvage operations and junk
yards.
(8) Car wash'es.
(,9) Se!fiservice laundries,~.unless connected to
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(10) AirPlanes, boat,°r motor Vehicle service and
repair establishments (including auto body
shOps). ·.
(11) Metal piating, finishing or polishing.
(12) Chemical'and bacteriological laboratories.
(13) Electronic circuit assembly. ·
(14) Hotels, or motels, unless connected to public
sewer. .
(15) Painting, wood ' preserving and furniture
stripping establishments. .
' (16) Photographic processing establishments.
(17) Printing establishments.-
('19) StOr~ge . of herbIcides,-- .pestlc~des'
fertl%izers, other than in'~mounts noimally
associated with househoId or existing
agriculturai.use~' . '
(20)' Commercial cabinet or furniture making.
(21) Commercial- storage 'or sale of petroleum or
· other refined petrole%%m.
(22) Commercial . manUfacture, storage, use,
transpor~atlon or disposal Of'any substanc? of
Such' physical, ' chemical or .infectious
~ characteristics as 't0''pose a sxgnificant,
· actual orpotential,~ hazard to water supplies,
~' .' ' or Other hazard .tohuman health if such
· ~substance or mixture weredischar~d onto land
· or ~aters of ~this..Town, i~cludlng but not'
limited to organlc.-'chemlcals! p~troleum
products, heavy ~etals, radlo~ctlve or
~ · ~ infectipUs waste;' aclds~ ~and alkalis, and all
Substan~esdefined as..Toxi~ or Hazardous Under
· ~M.G.L. ~hapter 21C 'and Chapter 21E' and the
~ncludlng pesticides, herbicides, solvents and
thinners. -
· ' (23) RestaUrants unless connected to public sewer.
(24) CommerCial kitchens unless connected to public-
sewer. ' .
iv. Buildinq Reouirements: A~i construction ~n the
Watershed Protection District shall comply with
best management practices for erosion, siltation,
and stormwater control in order to preserve the
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I purity of the ground water and the lake; to
maintain th~ ground water table; and to maintain
~ the filtration and purification functions of the
There shall exist a ~on-Dlscharge Buffer.'Zone within the
Watershed Protection Dlstrict which ~hall consist of all land
areas located between t~o hundred fifty (250) feet and f~ur
hundred (400) feet horizontally from the annual 'mean ~lgh
water m~rk of Lake Coch~chewick and between ~ne hundred4 f~fty
(150) feet and four hundred (400) feet horizontally, from the
Chapter 131, Section 40, and the Town Wetland BylaW) located
i!edge of all wetland resource areas (as defined in M.G.L.
within the Watershed. ~ · . . .
I i'. Allowed Use~: All of the AllOWed uses listed
S~ction 3(a)(i) . of' this Watershed~ Protection
I ' District' Bylaw are allowed in the Non-Discharge
Buffer Zone except as noted belows. "
ii. Uses ~llowed by S~eclal- Permit: The f?llowlng'
I activities may be allowed within.the Non-Dlscharge
Buffer Zone Only by the granting of a Special
Permit issued pursuant ~o Section 4 of this
IWatershed Protection D~strlct Bylaw:
(1) Any surface or sub-surface discharge,
including- but not limited to, storm water
i run~ff~ drainage of any roadway that is
· maintained by the Divislo~ of Public Works or
any prlvate association; outlets of all
drainage swales; outlets of all detention
ponds. All storm water management systems
shall employ Best Management Practices.'
iii. Prohibited Uses: The following uses are
specifically. Prohibited within the Non-Discharge
Buffer Zone:
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(2)
Ail of the Prohibited Uses listed in Section
3(c)(iii) of this Watershed Protection
District Bylaw are .prohibited in the Non-
Discharge Zone.
The use, or method of application of, any lawn
care or garden product (fertilizer, pesticide,
herbicide) that may contribute to the
degradation of the public water supply.
(3) The use of lawn care or garden products that
47
are not organic or slow-release nitrogen.
iv. Buildinq Requirements: Ail construction in the
Watershed Protection District shall comply with
best management practices for erosion, siltation,
and stormwater control in order to preserve the
purity of the ground water and the lake; to
maintain the ground water table; and to maintain
the filtration and purification functions of the
land.
Non-Disturbance Buffer Zon~
There shall exist a _Non-Disturbance Buffer Zone within the
Watershed Protection District which shall consist of all land
areas located between one hundred fifty (150) feet and two
hundred fifty (250) feet horizontally from the annual mean
high Hater mark of Lake Cochichewick, and between seventy five
(75) feet and one hundred fifty (150) feethorizontally from
the edge of all wetland resource areas (as defined.in M.G.L.
Chapter 131,, Section .40, and.the Town Wetland Bylaw) located
within the Watershed.
Allowed use~: Ail of the Allowed Uses listed in
Section 3(a)(i) of this Watershed Protection
District Bylaw are allowed in the Non-Disturbance
Zone except as noted below,_
ii.
Uses Allowed by Special Permit: The following uses
shall be allowed within the Non-Disturbance Buffer
Zone only by-Special Permit issued pursuant to
Section 4 of this Watershed Protection District
Bylaw:
(1) Amy activities, which cause a change in
topography or grade.
(2) .Vegetation removal or cutting, other than in
connection with agricultural uses or
maintenance of a landscape area.
(3)
Construction of a new permanent structure only
after a variance has been granted by the
.Zoning Board of APpeals.
(4) Replacement of any permanent structure.
Any .surface or.. sub-surface discharge,
inc%~ding but not l~mited to, stormwater
runoff; drainage of any roadway that is
maintained by the Division of Public Works or
any private association; outlets of all
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drainage swales; outlets of all detention
ponds.
(6) Construction of any accessory' structure or
expansion of any existing structure by less
than twenty five (25) percent of the gross
floor area of the existing structure.
(1994/1STM)
iii. Prohibited Uses: The following uses are
specifically prohibited within the Non-Disturbance
Buffer Zone:
(3.)
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(-2)
(3)
(4)
(5)
All of the Prohibited Uses listed in Section
3(c)(iii) of this Watershed Protection
District Bylaw are prohibited in the Non-
Discharge Zone.
· Construction of any septic'system.
Construction of any new permanent structure,
or expansion of an existing structure by
twenty-five (25) percent or'more of the gross
floor area of the existing structure.
The use, or method of application of, any lawn
care orgarden product (fertilizer, pesticide,
herbicide) that may contribute to the
degradation of the pUblic water supply.
The use of lawn care or garden products that
are not organic or slow-release nitrogen.
Buildinq Requirements: All construction in the
Waters-h'ed Protection-District shall comply with
best management practices for erosion, siItation,
and stormwater control in order to preserve the
purity of the ground, water and the lake; to
maintain the ground water table; and to maintain
the filtration and purification functions of the
land.
Conservation Zo.n~-
There .shall exist a conservation Zone within the
Watershed Protection District which shall consist of all
land. areas located within one hundred fifty (150) feet
horizontally from the annual mean high water mark of Lake
Cochichewick,- and within, seventy five (75) feet
horizontally from the edge of all Wetland resource areas
(as defined in M.G.L. Chapter 131, Section 40, and the
Town Wetland. Bylaw) located within the Watershed.
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Allowed Uses: The following uses shall be allowed
in the Conservation Zone of the Watershed
Protection District except as noted below:
Ail uses associated with municipal water
supply/treatment and public sewer provided by
the'Town of North Andover.
(2)
The Division of Public Works may conduct
routine maintenance ~of any existing use of
property, including the maintenance and
improvements of existing roadways and drainage
systems.
--(3) Maintenance of fire, access lanes by the Fire
· . ~ Department~
ii. Uses Allowed by Special .Permit: No Special permits
will be granted in the Conservation Zone.
ill.:Prohibited.
specifically
Zone:
Uses.: The following uses are
prohibited within the Conservation
All of the Prohibited Uses listed in Section
3(c)(iii) of.'- this ~ Watershed Protection
in the Non-
...... .District Bylaw are .prohibited
Discharge-Zone.
(2) Any activities which' cause a change in
.~- .. topography or grad~;
(3)~ vegetation removal or cutting~ other than in
Connectionwith existing agricultural uses or
maintenance.of an existing landscape area;
(4) -Construction. or placement of' any new permanent
structures;
(5)~. Any surfaceor subsurface drainage, including,
but not limited to, stormwater runoff;
(6) Animal feedlots or the storage of manure;
(7)
· . ~(s)
_Construction of.any-septic system.
ConstructiOn of .any accessory, structure or
expansion'of an existing>structure by twenty-
five (25) percent or more of the gross floor
area of the existing structure.
(9) The use, Or method ~f ~pplication of, any lawn
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care or garden product (fertilizer, pesticide,
herbicide) 'that may contribute to the
degradation.of the public water supply.
(10) The use of lawn care or garden products that
are nOt Organic or slow-release nitrogen.
The above prohibitiogs.s~all' not apply to any activities
undertaken by the Division of .Public .Work~ within its
.authority.or to work c~mpteted in con]unction with the
co?structlon of the ~unlcipal sewer system. (1994/1STM)
peclal · Permit Requirements , - · '
a. Ni~e (9)copie~ of. an application for a Special Permit
unde~ this Section shall be filed with the SPGA. Special
~ermlts shall be granted if the'SPGA determines'th'at the
Intent of the Bylaw, as well as its specific criteria.
· a~e met, iIn.making such determination the SPGA shali
. · · glve. consideration to simplicity, reliability, and
feasibility of the control measures'proposed ~d the
degree of threat to water q~alitY which wouId result if
the control~measures failed.
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Upon receipt, of a Special Permit.ApPlication,' ~h? SPGA
"shal% transmit one (17 Cop~ of each to ~he Division.of
'~ Public Works, Fire Chief, Title III Committee, Dlvls%on
of ~la~ning and Community DevelOpment, Conservation
CommisSion,· the. Boa~d of Health, and the W~tershed
Council ~or thelr written recommendations. FalIure to
respond~in writing within thirty (30) da~s shall indicate
~ approval or.no desire to comment bySald agency._
An application for al special. Permit i~nder this SeCtion
i. · ApPlication Form for a Special Permit from the
· ~lahnlng Board. -
ii.. Map on a scale °f'on~ (1). inch eq~/als forty. (40)"
feet prepared'by~Regls~eredProf~ssional Enginee~
or Surveyor showing: . - ·
(1) ' the. .annU91 mean-high 'water mark of Lake
~ Cochl~heWlck (if annual mean high. Water mark
is within ~our hundred (400)' feet of any
proposed activity,
(2)~ the edgel of all .wetland ~es°urce.
" ' confi£med by'the Conservation ~omm~sslonar~as' (if
edge of wetland resource area is with%n~four
hundred (400) feet of any proposed activity),
51
dm
(3) the conservation zone,_. I
(4) the non-disturbance zone,
(5) the non-discharge zone, J
(6) the edge of vegetation clearing (edge of
work). I
iii. Written certification by a Registered Professional
Engineer; or other Scientist educated in and ·
' possessing extensive experience in the science of
hydrologyandhydrogeology, stating thatthere will
not be any significant degradation of the quality ·
or quantity of- water, in or entering Lake
Cochichewick.
Proof that there is no reasonable alternative
location outside the Non-DiSturbAnce and/or Non-
Discharge Buffer Zones, whichever is applicable,
for any discharge, structure, or &ctivity,
associated with the proposed use to occur.
(1994/38)
Evidence of approval, by the Mass. Dept~ .of
Environmental Protection (DEP) of any. industrial
waste-water treatment or disposal system or any
waste water treatment of system fifteen thousand
(15,000)' gatlons per day capacity.
vi. Evidencethat all on-site operations including, but
not limited to, construction~ waste~waterdisposal,
fertilizer applications and septicsystems will not
create concentrations of Nitrogen in groundwater,
than the Federal. limit at.the downgradient
greater
property boundary.
vii. Projections of downgradient .'conCentrations of
nitrogen, phosphorus and other relevant chemicals
at property~boundaries and other, locations deemed
pertinent by the SPGA.
The SPGA may also require that supporting materials be
prepared by other professionals .including, but not
limited to, a registered architect, registered landscape
architect, registered land surveyor, registered
sanitarian, biologist, geologist or,hydrologist when in
its judgement the complexity Of the proposed work
warrants the relevant specified expertise.
Special Permits under thisSection shall be granted only
if the SPGA determines, after the time of comment by
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!
other Town agencies as specified above has elapsed, that,
as a result of the proposed use in conjunction with other
uses nearby, there will not be any significant
degradation of the quality or quantity of water in or
entering Lake Cochichewick.
Any Special Permit issued under this Section for a new
permanent structure (other thanan accessory structure or
expansion that is less than twenty five (25%) of the
gross floor area of a structure) or a septic.system shall
require that such structure or system be c0nstr~cted
outside the Non-Disturbance Buffer Zone.
gm
Within the Non-Disturbance Zone and Non-Discharge Buffer
Zone, any runoff from impervious surfaces shall, to the
extent possible, be recharged on siteand divertedtoward
areas covered with vegetation for surface infiltration.
Where on site recharge is not feasible due to 'Soil or
other natural conditions, other mitigating measures such
as sedimentation ponds, filter beams, or restoring
wetlands, shall be used only where other methodsare not
feasible and after approval by the Board of Health,
Building Inspector and the Division of PUblic Works to
assure that the methods used for on site infiltration
and/or other measures shall remain effective.
Provisions shall be made to protect against toxic or
hazardous material discharge or loss resulting from
corrosion, accidental damage, spillage or vandalism
through measures such as spill control provisiOns in the
vicinity of chemical or fuel'delivery points; secured
storage areas for toxic or haZardoUs materials, and
indoor storage provisions for corrodible or'disSolved
materials. For operations which allow the evaporation of
toxic materials into the interior of any structure a
closed vapor system shall be provided for each structure
to prevent discharge or contaminated condensate into the
groundwater.
i. Fo~ any toxic or hazardous waste to be produced in
quantities greater than those associated with .normal
household use, the applicant 'must demonstrate the
availability and feasibility of disposal methods.which
are in conformance.with M.G.L. Chapter 21C.
5. Violations
Written NotiCe .of any violation of this Bylaw shall be
provide~ by the SPGA agent ~o t~e' owner of the premises
specifying~he nature Of the vl°latlonl The. agent of the SPGA
shall request of the violator a schedule .of compliance,
including cleanupof spilled materials, Such schedule shall
allow for the immediate corrective action to take place. This
compliance schedule must be reasonable in relation to the public
health hazard involved and the difficulty of comp%iance. In no
event shall more than thirty (30) days be allowed for either
compliance or finalization of a plan for longer term of compliance.
Said schedule of compliance shall be submitted to the SPGA for
approval subsequent to the violation. Said agent of the SPGA shall
notify the Building Inspector of any violations of the Schedule of
compliance or of any failure to satisfy the requirements of this
paragraph.
I. S~ver~ilit¥
In any portion, sentence, claUse or phase of this regulation
shall be held invalid for any reason, the remainder of this
BYlaw shall continue in full force.
(Section 4.136 reWritten and reorganized at the May 1, 1995 Annual
Town Meeting, Article 38)
4.137 FloOd Plain District (1993/39)
1. Floo~ Plain D~str~ct
The Flood Plain District is herein established as .an overlay
district. The underlying permitted uses are allowed provided that
they meet the Massachusetts State Building code, Section 2102,
"Flood Resistant Construction" and any .other applicable local,
state Or federal requirements. The Flood Plain District includes
'all Special flood hazard areas designated as Zone A,.AE, AH, AC,.
and A99 on the North And~ver Flood Insurance Rate Maps(FIRM), and
the Flood Boundary and Floodwa~ Maps, dated June 2, 1993 on file
with theTown Clerk, Planning Board, Conservation Commission, and
Building Inspector. These maps, as well ~s the accompanying North
'Andover Flood Insurance" Study, are incorporated herein by
reference.
Purpose:
a.
b.
C.
The purposes of the Flood Plain District are:
Ensure public safety through reducing thethreats to life
and personal injury.
Eliminate new hazards to emergency response' officials;
Prevent the occurrence of public emergencies resulting
from water quality, contamination, and pollution due to
flooding;
Avoid the loss of utility services which if.damaged by
flooding would disrupt or shut down the utiIitY network
and impact regions of the community beyond the.site of
flooding;
Eliminate costs associated with the response and cleanup
of flooding conditions;
Reduce damage to public and private property resulting
54
e
from flooding waters.
Base Flood Elevation and FloodWa~ Data
Floodway Data. In Zone A, AH, AC, A99, and AE, along
watercourses that have not had a regulatory floodway
designated, the best available Federal, State, local or
other floodway data as determined by the Building
Inspector, in consultation With the Division of the
Department of Public Works, shall be used to prohibit
encroachments in floodways which would result in any
increase in flood levels within the community during the
occurrence of the base flood discharge.
Base Flood Elevation Data. Base flood elevation data is
required for subdivision proposals or other developments
greater.than'50 lots or 5 acres,.whichever is the lesser,
within unnumberedA zones.
Areas designated as flood plain on the North Andover
Flood Insurance Rate Maps may bedetermined robe outside
the flood plain district by the Building Inspector, in
consultation with the Division of Public Works, if an
-accurate topographic and property iine survey of the area
conducted by a registered professional engineer or land
surveyor shows that the flood plain contour elevation
does not o~cur in any area of ~pr~os~d buildings.,
structures, !mprovements, excavation~ filling, paving, or.
other work activity. The person requesting the
determination shall provide any otherinformation deemed
necessary by the BUilding Inspector of'the'DiViSion of
Public WorkstO make that determination. If the Building
Inspector, in consultation with.the Division of public
Works, determines that the Flood Insurance Rate Maps are
in error, the subject area shall not~ be regulated as
occurring within the FlOOdPla~inDistrict, and any such
determination shall be noted Qn the FloodInsurance Rate
Maps. Nothing in this. section shall prohibit the
Conservation Commission, Board of ~Health, or other Town
officials or Board from m~king non=zoning determinations
of the flood plain or performing their official~duties.
NotifiCatiOn of Watercourse Alterati0n: If a landowner or
project proponent proposes .to alter or .relocate any
watercourse, that person shall notifythe following parties
and provide evidence of such' notification to every Town Board
or offlcial who has jurisdiction over such alteration or
relocation P~ior to or at the ti~e of 'applying for any
approval that is required to perform Such ~lteration or
relocation: '
Adjacent Communities
NFIP State Coordinator
Massachusetts Office of Water Resources
100 Cambridge Street
Boston, MA 02202
NFIP Program Specialist
FEMA Region I, Rm.' 462
J.W. McCormack Post Office & Courthouse
Boston, MA 02109
~Xisti~g Regulations: All development in the District
including structural and non-structural activities whether
pezmitted by right Or by special permit must be in compliance
with the following:
a. Section of the MassachuSetts State Building Code which
addresses floodplain and .costal high hazard areas
(currently 780 CMR 2102.0, "FloOd Resistant
Construction");
b. Wetlands Protection Regulations, Department of
E~vironmental Protection (DEP) (currently 310CMR10.O0);
c. Inland Wetlands RestrictiOn, DEP (currently 302 CMR
6.00)
d. Minimum Requirements for the SubsurfaCe Disposal of
Sanitary Sewage, DEP (currently 310 CMR. 15, Title 5);
e. Any variances from the provisions and requirements of the
above referenced state regulations may only begranted in
acCOrdance with the reqUired variance procedures of these
state regulations.
·
Devel~Pment'Regu!at~ns~ Notwithstanding .the provisions of
Section 3JB of this By-laW, within~Zone A of the Flood Plain
District, where base flood elevatfOn is not provided on the
FIRM, ~he applicant shall obtain any existing base flood
elevation data and it shall be. reViewed by ~he Building
Inspector, in conjunction with the Division of Public Works,
for its reasonable utilization toward meetingtheelevation or
fl0odmproofing requirements, ms appropriate, of .the-State
BUilding Code. In the floodway, designated on the Flood
Boundary and Floodway Map, the following provisions shall
apply: '
a. All encroachments, including fill, new construction,
substantial' improvements to existing structures, and
other development are prohibited unless certification by
a registered professional engineer is provided by the
~- applicant demonstrating.that such encroachments ~hall not
result in any increase in flood levels during the
occurrence of the 100 year flood and the Building
Inspector, in conjunction with the Director of the
Division of Public Works, concurs with such
certification.
Any encroachment meeting the above standard shall comply
with the floodplain requirements of the State Building
Code.
Ail preliminary and definitive subdivision plans filed in
accordance with G.L. Chapter 41, Section 81S and 81T,
respectively shall be designed so that:
such proposals minimize flood damage;
all public utilities and facilities are located and
constructed to minimize or eliminate flood-damage; and
adequatedrainage is provided to reduce exposure to flood
hazards.
7. Permitted Uses
The following uses on low flood damage potential and causing, no
obstructions to~ flood flows are encouraged provided they are
permitted in the underlying district and they do not require
structures, fill, or storage of materials or equipment:
a~ Agricultural uses such as farming, grazing, truck
farming, horticulture, etc.
b. Forestry and nursery uses.
c. Outdoor recreational uses, including fishing, boating,
play areas, et¢~
d. Conservation of water, plants, wildlife.
e. Wildlife management areas, foot bicycle and/or..horse
paths.
f. Temporary non-residential structures used in connection
with fishing, growing, harvesting, storage, or sale of
crops raised on the premises.
g. Buildings lawfully existing prior to the adoption of
these provisions.
4.2 Phased Development Bylaw
1. Building permits for the construction of singlefamitY)-0r two
family dwellings-in asubdivision or on contiguous FormA lots
held in common or related ownership On the effective date of
the provision shall not be granted at a rate per annum greater
than as permitted by the following schedule:
No. of Lots
Min. Yrs of
Development
-Max. Lots
Developed/Yr
1-6 1 All
7-20 2 50% of total
21-34 3 -33% of total
35-50 4 25% of.total
57
51-75
76-125
126+
5 20% of total ~
6 16.'7% of total
7 14..3& of total
1
Lots can be sold any time for the.constructiOn of dwellings in
the designated future years. However, any lots covered by
this provision hereafter sold or otherwise transferred to
another owner, shall include in the deed, th, earliest date of
which .construction may be commenced in accordance 'with .these
provisions.
If there is a proposed subdivision with any lots that are
within 500 feet of lots in another subdivision held-bY.common
or related ownership, then both subdivisions shall be
construed to be a single sUbdivision for'the purposes of. this
Lot lines for Form A lots Shall '.be de. fined when the Form A
lots hav.e been approved by the. P!annlng Board. -Subsequent
changes in the shape or ownershlp of lots .shall. not. render the
provisions of this Bylaw void.'
The anniversary date of each. subdivision or 'contiguous;Form A
lots under this provision shall, be .no .earlier than. the date o.n
which all required approvals required for a building.pe.rm~t
have been. obtained (e. g. Planning Board approva.1 of' Del In. it.ire
Notwithstanding any prior-statements t° the ' il contrary, the
maximum number of building permits to be issued and
outstanding at any time for lots in .each' subdivision and
contiguous Form A lots covered, by this provision .shall be
limited to twice the allowed annual maximum permitted~for that
project under the provisions of this Bylaw. Allowed building
permits in succeeding yearS.shall be ..limited to less ;~ :than the
permitted-maximum, if necessary, to insure that this'cap is
not exceeded. ·
The Planning Board, in conjunction 'with'. ~the Building
Inspector, shall be responsible for administering this.section
of the Bylaw. Accordingly, the Planning Board shall adopt and
publish reasonable regulations for carrying out. its. dUties
under this section. In particular, these regulations Should
address the conditions and processes for authorizing building
permits on an annual basis.
The invalidity of one or more provision or clauses of this
section shall not invalidate or impair the section as awhole
or any other part thereof. (1986/13) -
58
SECTION 5 EARTH MATERIALS REMOVAL
$.1 General
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.
Exclusive jurisdiction to issue Earth Removal Permits shall be
with the Board except for Permits allowed in Paragraph 5.6 and
5.6. -
e
The Board or Building Inspector shall have-the authority to'
issue an Operating Hours Extension Perm'it, as defined in
Subsection 5.2
-.
The Building Inspector shall have the authority to enforce all
conditions of any Permit issued under this SeCtion on the
Zoning Bylaw.
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'shali be-~ubject
to the provisions of this Section, unless otherwise allowed by
the Board, for a period not to exceed six (6) months.
An annual fee of one. hundred dollars. ($1'00.00) sh~ll be
required for Earth'Removal Permits. Miscellaneous Earth
Removal -PekmitS shall require an annual fee of twenty-five
dollars ($25.00).
Violation of this Section ofthe Zoning Bylaw; notwithstanding
the provisions of Section 10.13, imposes a penalty of fifty
dollars ($50.00) for the first offense, one hundred dollars
($100.00)~ for the-second and each subse-qu~t'Offe~s~.-~ Each
day of operation in violation of this' section ~ill be
considered a. separate offense. '~
Any sanitary landfill operated by the Town of North Andover
shall be exempt from the provisions of'this sectionl
5.2 Definitions
1. Applicant: 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'include Soil~ loam,
sand, gravel, clay, peat rock, or other allied products.
59
Earth Removal Operations: the excavation, removal, stripping,
or mining of any earth material on any site within the Town of
North Andover.
Operating Hours Extension Permit: A permit issued by the
Board or the Building Inspector for an extension ofbthe time
of operation for trucking from the site until 9:00 p.m.
Board: zoning Board of Appeals.
Permit: The word "Permit" in the Earth Removal Section shall
mean and include a Special Permit for earth removal as .issued
by the Special Permit Granting Authority.
5.3 &ppllcation for Earth Removal Permit
1. Ail applicants for Earth Removal Permits must sUbmi~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 application for an Ear%h Removal
Permit. The Board shall distribute, the info~matio~ to the
Planning Board, Building Inspector, ConservatiOn Commission,
Board of Health, Highway Department, and PoliceDepartment, so
that recommendations from these dePartmentS-may be sUbmitted
for the reqUired public hearing. ~-
2. A plan or plans to scale, (1"=40' prepared and 'st~mped by a
Registered Engineer, showing the property line of the parcel
of land under consideration along with all ~butters'_~to the
property existing and final contours, in 'five foot (5')
elevation in increments, existing and proposed final-.drainage
of the site, including all culverts, streams,-ponds, s~amps,
and siltation basins, means of entrance and egress from the
property, locus map, and any other pertinent-data deemed
necessary by the Board. .- . --
A'plan, study, or report showing.th? Prop~ed-ult~mate.-use of
the land conforming with the existin~ zoning Bylaw. 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 fared (not to exceed
five (5) acres) where the earth removal will. begin and also
how the total parcel will be developed in-progressivefive (5)
acre' increments.'
5.4
Permits for Earth Removal
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
minimum restoration and operating standards cohtained 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
conditions, application may then be made to the Board for a
Permit r~newal. 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 untilthe operation is completed.
2. The permit shall be considered a non-transferable revocable
Permit to remove earth materials. If it is found that.
incorrect information was submitted in the application, or
that conditions of the Permit are being violated, or that the
governing reg~latiohs 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 5.112).
e
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.
I 4. An E~rth 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 byParagraph
5..1(6), and recorded the Special Permit at the RegSstry of
Deeds.
Mechanical crUshing and creenlng may be permitted by the
Board after a public hearing with-.due notice .given.
5.5
Earth Removal Incldental to Development~ Constr~ction or
Improvements
This regulation shall be deemed not to prohibit the removal of
such sod, loam, soil, clay, sand, gravel, or stone as may be
required to be excavated .for the purpose of constructing ways
in accordance with lines and grades approved by the planning
Board, or for the purpose of constructing underground
utilities.
61
5.6
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. Removal Will be allowed only from the area. for the
building, driveways, parking areas, and' from 'areas where
removal is specifically required by the Board of Health in
connection with disposal systems. Where special circumstances
exist.requiring general regrading, removal of peat, etc., the
builder may file. a plan and request for an additional soil
'removal permit with the Building Inspector as provided in
ParagrAph 5.6 below.
stripping,
Where excavation, removal, . 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
excavation, 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 Bylawl
Excavation, removal, stripping, or mining of earth incidental
to improvements shall be governed by the provisions'of~Section
5.6 of this Bylaw.
All earth removal, excavation, stripping or mining as allowed
under this paragraph shall be governed 'by the'provisiOns of
Section 5.6 of this Bylaw.
Miscellaneous Removal of Earth
EXcavation, r~mOval, stripping, or mining of m~scellaneous ·
amounts of earth as' allowed under Section 5.5 is~permitted
provided the excaVation, removal, Stripping, or mining is
necessary for th~ improvements of development of the property
on which t~e excavation or removal takes place....~ ~
Excavation, removal, str~pping,, or mining of "aggregate
quantities, of less itham 'fifty (50) cubic yards "0n~any one
general, site' requires no .formal approval, w~..ere the
excavation,' r-move1, stripping, or mining of sol~ is on
quantities in excess of fifty (50) cubic yards but less than
one-thousand (1,000) Cubic yards, application must'be made to
the Building Inspector for a Miscellaneous soil'Removal
Permit. Where special circumstances exist which requires 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~ p~blic hearing. However, where the
excavation, removal, ~stripping, or -mining "exceeds
five-thousand'(5,000) cubic yardS, then a p~_~bllchearlng will
be necessary and the Permit granted shall indicate the
approximate quantity of soil to be removed, the purPose of
removal, and the location of the site of removal. The Permit
62
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I
I
1
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5.7
1.
.%
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 appropriate section of ~aragraph 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 shall 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 swal%. 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 this Zoning Bylaw.
Operation Standards
Time of Operation
Excavation and site maintenance may be carried 'on from
6:30 a.m. until 7:30 p.m., Monday through Saturday.
Trucking from the site may be 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 application shall
show reason for extension of time, distance of hauling,
and approximate cubic yards to be hauled.
Site Preparation
ae
Only the active area described in the Permit application
may be made ready for earth removal.
No standing trees are to' be bulldozed over, or'slashed
and bulldozed into piles. All trees must be cut down.
Ail 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.
Stumps shall beburied in predesignated areas as shown on
appli~ati0n plans.
Any change in stump burial must be submitted to the Board
of approval. - - '
Topsoil Storage-
63
Ail topsoil removed from the active removal area shall ~
piled for future site restoration.
No topsoil shall be removedfrom~'the site until all areas
have been restored and permission has beengranted by the
Board.
Erosion Control
a. P~ior to any excavation or earth removal, adequate
siltation basins shall be Constructed. to' prevent the
run-off of silted water from the Site.
Ce
All excavation shall bedone so as to c~eate d~ntours to
channel run-off waters into the siltation basins.
No siltation basin shall exceed seven (7) feet in depth.
Siltation basins must be cleaned when sediment deposits
are within eighteen (18) inches of theOutfall invert.
Dust
b. Proper dust control
'Building. Inspector~
Control . .. -
No earth removal'operation shall createexcessive' amounts
of dust or-allow roads leading into or from a site to
become exceSsively dust producing,
methods shall'be a~Proved by the
Excavation Near Brooks
No excavation shall be made which will alter the natural
way of existing elevation of a brook,' stream, or river.
reoonstructed to be aesthetically attractive and. of
sufficient height to..prevent'abut~ing properties' from
f'loOdihg~
Said-bank height shall be computed, fOr a fifty (50) year
storm for all brooks, streams, and rivers up to eight (8.)
feet in width and two (2) feet in depth; and for a
one-hundred (100) year storm'forall brooks, Streams, and
rivers which exceed this size. ''
64
a. An immediate program of site screening shall start When
-site preparation begins.
b. All entrances shall be screened with existing vegetation,
Site Screening
evergreens,.or natural methods, so as to
other
suitable
prevent a direct view into the earth removal area.
c. All areas within f~fty (50) feet of a traveled or
abutting property.lines shall be reforested immediately' way
upon completion of the earth removal operation of that
area'~said ref°restati°n shall'be d°ne in accordance
with he North Andover Tree Department.
a ~inlmu~ of one-hundred-fifty (150) trees De acre shall
be used or this reforestation.
Areas which are to be used. for agricultural purposes
after eart~ removal operations are completed may be
reforested in the fOllowing man,er:
Trees shall be planted twenty~flve (25) feet deep from
the road .o~ property line.
The remaining ar~a shall ~mmediately. be planted with
grass or other suitable agricultural planting material.
Access Roads .
a. Ail access roads sha~lbe level with intersecting streets
· for a distance of'sixty (60) feet.
b. A STOP sign shall be installed so as to warn any vehicle
entering onto a Town street.
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All access roads shall be equipped with a suitable
locking gate to prevent unauthorized entry.
Site Maintenance
No open face excavation shall exceed twenty-five
feet in height.
No excavation shall be Closer than fifteen (15) .feet to
a property line~
No slope shall exceed 'a two (2) foot horizontal to a one
(1) foot vertical (2:1) grade.
10. Temporary Buildings
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
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least forty (40) feet from any existing roadway and at
least thirty (30) feet from any lot line.
Any temporary structure will be removed no later than
ninety (90) days after the expiration date of the permit.
Il. Mechanical crushing and Screening
5.8
1.
Ail crushing and screening Permits shall be granted for
a period not to exceed six (6) months.
Said Permits shall be granted as a Cleanup procedure
only.
Washing of processed material 'will not be ~llowed.
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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-established. 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 minim,~m 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. -
Seeding - The entire area shall be seeded with grass or
which contains at least sixty percent,(60%) perennials~ The
planted area shall be protected from erosion during the
establishment period using goodconse~vatio~ practices. Areas
which washout are to be repaired immediately.
Reforestation - Ail areas which are disturbed in the earth
removal operation shall be reforested with fifty percent (50%)
All restoration must be completed within sixty ('60) days after
.the termination o'f an Earth Removal Permit or by the first of
June if the Permit terminates between December first through
March thirty-first.
Restoration Standards
Operation of crushing or screening equipment sh~11 be
from 7:30 a.m. until 5:00 p.m., Monday through Friday.
All crushing and screening equipment shall be-equipped
with suitable dust and noise control devices.
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coniferous and fifty percent (50%) decidous trees planted at
the rate of one hundred fifty (150) trees'per acre. All trees
used 9re to be a minimum of two (2) year transplants. Said
~lantlng shall be in accordance with the recommendations of
une Nor.th Andover Tree Department. Areas which are to be used
for agriculture Purposes after earth removal operations are
i completed may be reforested in the following manner:
a. Tree? shall be Planted twenty-five (25)feet deep from a
· public r~a~ or property line. .
b. The remaining ar~a shall immediately be planted ~ith
gras? or. other suitable.agricultural planting.material.
Per?ltslssued by the Building Inspector.for soil removal
incidental to construction or for special purposes are
.exempt from reforestation paragraph. '
7. With. in ninety (90). days of completion 'of °Derati°ns'
eq~.lpment, accessory 'buildings,-structures, =and 'unSi%h~i~
evidence o! operation shall be removed from the premises.
S., Securxty
1. There mus~ be flied---wIth the To.wn~reasurer, a ContinuoUs' bond
or deposit of money in the minimum amount of One-thouSand
d°lla~ ($1,000) per.acre robe excavated, and shall be of a
sufficient amount to. cover ten (10) acres, .or. the total
par?el, whichever is smaller, as dete£mlned .by and
satisfactory ~o the Board. .
2. After completionofthe total pro3ect,~and 9t the~.aPPlicant,s
written request, theBoard ~ay grant a'partlal r~Iease of any
security posted by the appllcant. One (1) year after such a
part~al release is granted, and if in the O~inion~0f the Board'
no ~amage or deterioration to the finished
devel?ped, the "Board witlissue a. final rele%~-~
se~rlty. If, d~ri,g the ye9r folIOWin~ the date '6f ~ P-a-rt~
release, slumplng, .gullying, ' erosl°n, ?r' any-i Other
unsatisfactory co~ditlon appears, the applicant ~hall be
r~sponslble for, and shall' make any neces's~rv re~air~-
final re,ease'or security is.grant'ed. ~ =
~he ~ond~ng ~ge~% shall be reqU~red.t~ give the Board of
Appeals, ~y Regls=ered qr' C~rtifled 'mall', a.'sixtY (60) day
not,ce prior to any termination or canCellat~on of the bond.
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SECTION
6.1
This Bylaw is adopted, as a General Bylaw.pursuant to Chapter 93,
Section 29-33, inclusive, as amended, and a Zoning Bylaw pursuant
to Chapter 40-A, as amended of the General Laws of the Commonwealth
of Massachusetts. This Bylaw 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 Bylaw.'
SIGNS AND SIGN LIGHTING REGULATIONS
Authority and Interpretation
6.2 Purposes
1. 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,
information, and welfare of its residents. -
2. The restricting of signs ~nd ~ights which overload the
public's capacity to receive information, 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 activities, express local..history and
Character, serve edUcational purposes for the public, good.
4. The redUction of visual and infoamational conflict among
private signs and lighting and between the private and public
information systemS. -
6.3
Definitions
Accessory'Sign - A sign that 'advertises activities, goods,
products, or a specific use, owner, or tenant,. 'ava%lable
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·
Build£ng Frontage - The Ien~th in feet of a ground floor level
of a bUilding front or side facing a'street (or faoing a
right-of-way accessible from a street) that is_ occupied by an
individual business.
Dimensional sign - A non-accessory sign containing no
advertising and giving direction to community (non-commercial)
activities, buildings, areas, such as churches, schools,
playgrounds, museums, historical sites, public buildings, etc.
Sign not to exceed 12"x30".
Display_ Window Signs - Temporary signs on the surface of or
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building
illumination.
5. Erect - Shall mean and include to construct, place, relocate,
enlarge, ~alter, attach, suspend, and post. .
I 6. Flagpole - A pole erected on a roof, or projecting from a
building ~r st?cture or on the ground.I
i 7. Freestanding Sign i Shall mean and include any sign not
attache~ ~o a build~ng or the ground.
I 8. Ground S~gn - Any sign erected, on the ground 'which is
self-supported and anchored to the ground.
I 9. ~llumxnated Sign - Illuminated si n shalI mean any
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~ll.um.%gated by e%ectrlclty, gas, or other artificial light
lnclug~ng reflective orphosphorescent light and.shall include
locatl°n of Source of.illuminatiOn. - . · . . .
10. Marquee~- Any sheltering structure of permanent construction
projecting.from .and totallysupported ~y the~wall and/or roof
of a building..
11. Non'Access.o~y sign' Any sign ~hat is not an ac~eSso7 sig?.
aassachusetts General Laws Chapter 272,. ~ectlon . 1.
Massachusetts General Laws, Chapter 272, Section defines
"obscene" as follows: . ..
1. appea%s to the prurient interest of the average person
' applying the contemp?rary standards of the countywhere
the.°ffense was committed; ' ·
i 2.~ depicts.or describes sexual conduct in a potentially
· offensive way; and_ -. ..
3. ia?ks .s~rious literary, artistic, or 'pOlitical or
~ . sclent~f~c value. '. ' · .
13~ Permanent S~gn - Any sl~n permitted to be erected and
maintained for more than sixty (60) days.
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14. Primary Sign The principal accessory sign which may be a
wall, roof, or ground sign, as allowed in Section 6.6.
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.
16. Roof Sign.- Any sign erected., constructed, and maintained
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wholly upon,' connected to, or over the roof or parapet of any
building with the entire support on the roof or roof
structure.
17. Secondary Sign - Is a wall, roof, or ground sign intended for
the same use as a primary sign but smaller dimensions and
lettering, as allowed in Section 6.6.
18. sign - A sign is any structure, mechanically or electrically
driven, still or moving device, light,'Ietter, figure, word,
model,'banner, pennant, trade flag, or representation that is
designed to be seen from outside the lot o~ 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 definitionincIudes electric signs in windows
or doors, but does not include window displays or mercha'ndise..
A sign may be permanent or temporary.
19. sign size (Area) - The surface area of.any--sign.lethe 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.
20. Wall Sign - Any sign affixed to, suspended from or painted on
a wall, window, marquee, or parapet.
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Administration and Enforcement
Enforcement - The Building Inspector~.is-herebY.~designated as
the Sign officer and is hereby charged with. the-enforcement of
this Bylaw..r. ~
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 cnA.which any
sign is erected or maintained in order to inspect said
sign.
b; ~The.sign Officer is further authorized, upon .notice as
. herein provided0' to order the repair or removal of any
sign'whi~h in his judgementis a prohibited non-accessory
si~n, or is likely to become dangerous,.-unsafe,'or in
disrepair~ or which is erected or maintainedcontrary to
this Bylaw. 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 advertiser~ tenant, or
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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 credentials,
have the power to enter upon the premises on which said
sign is erected or maintained and repair or remove, or
cause to be repaired or removed, said sign.
Ail expenses incurred by the Sign Officer and his duly
authorized agents in repairing or removing any sign Shall
be assessable against any person who failed to obey said
notice and order and shall be reco~erablein any court of
competent jurisdiction if not paid within thirty (30)
days after written notice of assessment is given by the
Sign Officer at any such person.
Permits:
No permanent sign shall be erected, enlarged, or
structurally altered without a sign permit issued by the
Building Inspector. Permits shall only be issued for
siwns in conformance with this Bylaw. Permit
applications shall be accompanied by two (2) p~ints of
scale drawings of the sign, supportiDg structure and
location. A copy of any relevant special permit shall
also accompany the application. All freestanding or roof
signs shall be registered and identified as required by
Section 1407.0 of the State Building Code.
Notwithstanding anything to the contrary in this Bylaw,
any permanent sign authorized under this Bylaw may
contain any otherWise lawful, non,commercial message
which does not direct attention to a business or to a
service or commodity for sale in lieu of any message or
content described in the applicable regulation.
Non-conformance of Accessory Signs:
Any non-conforming sign legally erected priorto theadoption
of this provision, may be continued and maintained. Any sign
.rendered non-conforming through change or termination of
activities on the premises shall be removed within thirty (3.0)
days of order by the Building Inspector. No existing ~ign
shall be enlarged, reworded, redesigned, or altered in any way
u~less it conforms to the provisions contained herein. Any
sign which has been destroyed or damaged to .the extent that
the cost of repair or restoration will exceed one-third (1/3)
of the replacement value as of the date of destruction shall
not be repaired, rebuilt, restored or~ altered unless in
71
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conformity of this Bylaw.
Street Banners or Signs - Streetbanners 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.
Prohibitions:
No sig~ shall be lighted, except by steady, stationary light,
Shielded and directed solely at or internal to the sign.
No illumination shall be permitted Which Casts glare onto any
residential premises or onto any portion of a way so as to
create a traffic hazard.
No sign shall be illuminated in any residential district
between the hours of 12:00-'midnight and 6:00 a.m. unless
indicating time or temperature or an establishmentopen to the
p.uhlic during those hours.
No' sign having red or .green lights 'shall be~ erected within
sight of a traffic signal unlessapproved as non-hazardous by
the Chief of Police.
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No animated, revolving, flashing~ or ~xterior neon sign shall
be Permitted.
No pennants-, streamers, advertising flags, spinners or similar
devices shall be permitted, except as allowed by the Board.of
Selectmen.
corner visibility shall' not be 0bstructed~'.
No Sign shall be erected, displayed, or 'maintained upon any
'rock', tree, fence, or utllltyp
9. No sign shall be erected, displayed,
contains any obscene matter.
or maintained if it
10. Fl'ags and insignia of 'an~ Government when displayed in
connection with commercial:promotion.
11[ ~No sign shall obstruct any means or,egress from a. building.
12. Projecting signs.are prohibited'.
for directional
Non'accessory signs are prohibited except
signs as allowed in Section 6.6, B.'
6.6 Pe',-,..itted Signs (Fee Required)
7Z
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J A. Residence District - Accesso.ry Signs - The following signs are
allowed in a residence district as well as all other
distrlct~. . . '. . '~' .
i 1. One (1) slgn, e~ther attached or freestanding, indicating only
~_n~e of th~ ~wner or occupant, street number and permitted -
~es or occupa=~ons engagea in thereon, not ~o exceed t~o (2)
square feet in area. Such sign. may include identification of
any accessory profe~siona~ offlce{ home o~cupatlon,-or other
accesso7 uses pe£mltted ~n. a residence district.
2. One (1) si~n oriented to each.street on.which the Premises has
access, either attached or f~eestandlng,..pertaining' to an
apartment development ora p~rmittednon-Tesldential principal
use of the premises, such ~lgn not to exceed ten (10) Square
Ifeet in ar~a. - . ~ .
3. ?~,(1) unllg~ted'contractOr.,s sig~, not'exceeding twenty-five
~; square Ieet in area, maintained on the
constructiqn is in proces? and Containing~inform%ti-~%-~l~2~
to the ~ro]ect.. Such sign. shall, be removed promptly 'after
4. One (1) un}l~hged~ldentiflcat~On, signat each.~p~blicentran~e
to a ~ubdlvxsion not exceedang ~welve (i2) square feet
area; to be removed when the s~bdlvision roadway is aCcepted
I by the T~wn. . ·
5' 0ff-~remlses Signs: Only signs pertainin~exclUSive v
~ . _ . 1_ to the
premises ~n- which., they 'are.~'lo~ated or- t0" .products,
accommodations~ services or actlvitles-.'on t~ pre~i~eS s~all
be ~llow~d, except that an off-premises dIrectional, s~gn,
designating the ~oute'~o an establishment not on the street to'
which,the sign. is oriented,~may be erected, and mai~tained
within, the .public right-of-way at any intersection if
authorized by the Board of Selectmen or ~n ~rivate ~o~e~v
· " g~anted a special permit by the BOard of A'PDea~S,~=-~=Ch-~=i'~
~hall .be authorized only' U~on the auth~rizi'ng agency's
aetermlnationthat such.signwlll DromOtethe ~ubi~
~ill. 9ot endanger .the-publi~"safet'y and" will' ~e.
~o~a~lon and design as'will not be detrimental to the
neighborhood. At locations where directions td more than one
(1) establishment are to be provided, all such'directional
information shall be incorporated into a single strUcture'.
All such'directional signs Shall. be U~light~d~ and each shall
be not over four (4) square feet in~ area~
B. Temporary Signs: Temporary signs .shall be allowed as provided
below, and provided that they comply with the following:
(a) Unless otherwise specified in the Byl. aw, temporary, signs
must comply with all applicable requirements for
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(a) shall.only be permitted on private property; '~-'-
(b) shall not exceed si~ (6).square feet .in'areaper sign and
shall not exceed in. aggregate twenty-four (24') square
feet in area, per lot; .
.'~ '(C)~ shall .not be higher' than three {3). ,feet. above-ground
' · leVel;~ - ,..
'' (d) Shall be statiOnary. and. shall not be ill,~minated;
'~'- (e) shall be erected, no sooner than thirty (30) days prior to
.. the date of th~ election and shall .be removed-within
three (3) days afte~ the election .....
6. Unless, Otherwise..specified. in this Bylaw, temporary signs
p~rt'aining.to other non-commercial issues .shall-. require no
sign Permit and. shall be allowed in all. zoning districts.
Such signs shall be subject to the limitations set forth in
subsection . (5) (a)-(e) above. . ~.
7. Identification Signs or entrance markers for a church, or
-synagogue shall not exceed a combined total of thirty (30)
square feet and provided that' there shall be no more than two
permanent signs, including issuance of a sign permit.
1. Temporary signs, for not more than twelve (12).square feet in
area, erected for a charitable or religious cause; requires no
sign permit and is to be removed within thirty (30) days of
erection. The Building Inspector shall maintain placement
controls.
2. One (1) temporary~unlighted real estate sign advertising the
sale, rental or .lease of the premises or subdivision.on which
it is 'erected to be not larger than six (6) square feet;
requires no sign pe~mitif the erecting agent has obtained a
one year permit'for erecting such sign. (Such sign)' to be
removed fourteen(14) days after sale, rental or lease.
3. one (1) temporary unlighted sign not larger than. twenty-five
(25)
feet indicating the name and address of the
square
parties involved .in construction on the premises~
4. Temporary signs not meeting, requirements for permanent signs
may advertise sales, special events, or changes in the nature
of an operation, but shall not otherwise be used to' adVertise
a continuing or regularly recurring business operation and
shall be removed promptly when the information they. disDlay is
. out. of date or no longer relevant.
5. Temporary signs pertaining to a candidate or ballot question
appearing on the ballot of an election duly called in the Town
.'of North Andover~shall require no sign .permit '.and shall be
allowe~ in all zoning distriCts. Such. signspermitted:bythis
Bylaw:. ·
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8. Notwithstanding any.other prov. lsions of this Bylaw, signs.may
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be erected for posting land; le, no hunting, no trespassing,
C. Resldenc. e Districts: ~Non-accessory Signs - Directional signs
by Spe~c.~al Permit from the Board of Selectmen, limited' as
1. T~.o (2) signs 'for each actlvl.ty, not exceedin~ 6"x30" in
alee. . .
2.. Ground signs.not exceeding eight (8) feet in height.
D. BUsiness -nd In.dustria. 1 Districts: ACcessory
Ail signs permitted in residence districts as ~,~
S.ection 6.6(A) and 6.6(B), excePt.that temporary
signs may be as large as twenty-five (25) square fe~tl
Each owner, 1.essee, o.r ten. ant shall be allowed a primary and
a seco.ndary sign. Said sign may be used as ground, Wall, or
roof signs. No lot shall be allowed to have more than: one (1)
ground sign structure.~' i "
1. On.e (1) temporary freest, ending Sign of not,mOre than 'twenty-
five (25) square feet .1n ~ar~a and extending not mo.~e than
eight. (8) feet aboV. e ground, level. :~Larger Or taller, signs may
be allowed by. Special permit of th.e. Board. of. Appeais;"af said
.Board determ?nes tha.t the particular sign will not be
.lnc. on.gruous With ._t~.e dxstrict in which i%'. is to be located nor
ln]ur~ou.s to traffic and safety conditions-therein.
2. _F~o~r p,rem, lses _bari .ng m,u~tip!.e 'occ~Pa.n~s~ a single'Sig~, either
.uu=acneo or zrees=an~'ing,, iden.tify~n..g' -thOs.e OccupantS. The
total area of'attached signs including th~s one, shall not
exceed te.n perc. ent (~0%) of wall' area, and the area.. of any
Ifreestanding sign 'allowed under 'thi~-' ParagraPh ..shall not
exceed twenty_five'- (2~)sqUar.e feet. ' . '
3. Temporary unlighted signs inside Windows, occupying' not more
than.twenty percent (20%)of the area of the window 'requires
no 'slgn permit. ' · - ' ~ . . · ~ ~, '
4. No sign shall projeCt more than One (1)' foot over any public
right2of-way shall, be'covered, b.y apProPriate` ii~b.ility
insurance a.a. determined by the B~ildlng Inspector and verified
by a certifl.cate of insurance fil.ed.with ~he Town Clerk.
5. Service stations or garages may divide the allowed Wall sign
4~
area into separate, smaller wall signs indicating separate
operations or departments. A freestanding identification sign
of fifty (50) square feet with price sign incorporated is
allowed.
Building directories (if located outside) may be affixed to
the exterior wall of a building at each public entrance. Such
directory shall not exceed an area determined on the basis of
one (1) square foot for each .establishment occupying the
building.
Traffic Control orientational and guidance signs located on
private property, up to four (4) square feet in area,
displayed for purposes of direction or convenience, including
signs identifying parking, fire lanes, rest rooms, freight
entrances and the like.
Shopping Centers
Signs are permitted in residence districts, ex6ept that
temporary real .estate signsmay be as largeas ten (10) square
feet.
Signs attachedto a building or its canopy, Parallel with the
facade and not projection abovetheroof-line, advertisingthe
name of a firm or goods or services available on the premises-,
that the total area of all signs erected on any wall
provided
by any occupant may not exceed twenty .percent (20%) ~f the
portion of the wall area assigned to that occupant. In no
case shall any occupant's sign total more.than two .hundred
(200)'square.feet facing any single street.
' three (3) or more
For any retailing complex comprising
enterprises on.a single lot and fifty' thousand (50,000) square
feet floor area or more, one (1) freestanding sign ~or each
street on.which the development fronts, containing the name or
other identification of the area occupied, by' the complex.
Each 'sign shall be no larger than one hundred (100) square
feet. Such sign shall not be located within ten (10) feet of
any property line or the line of any way, and no part of the
sign shall be more than twenty (20) .feet above..the .ground
level·
Temporary, unlighted signs, inside'windows, occupying not more
tha~flfty percent (50%) of the area of the.window requires no
sign permit.
Office parks
Signs as permitted in residence districts, except that
temporary real estate signs may be as large as ten (10) square
feet.
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i 2. One (1) sign for each street u~on which the premises has
frontage, identifying a subdivision ' of lots for' office
deve'l?pment. This sign shall be no greater than' eight (8)
! feet'ln height 'and no larger than twenty (20) square feet in
I area except where the property fronts on a high-speed, limited
access highway, in which case a. special exception may be
granted f~ a l~rger sign i~ required for legibilit~.'
3. Sig~s for individual properties or tenants shall be limited to
I' a. sln~le sign no larger than three (3) square feet pe~ tenant.
Individual tenants must have Letter of Permission from
property owner. Th~ Board of Appeals may grant'a Special
Permit for.a~ ~xceptlon for a.larger are~ where this Will not
impair l~glblllty of other sign? or be'lncongruoUs w~th the
surroundlngs, ba~ed upon co~sl~eratio? of the .n.~u~ber of
~ccUpant? 'and ~igns ~er bu~ldlng, size of buiIding and
I integration of s~n and building design. '
G. I~dustrial Dxstr~cts ·
1. Signs as permitted in' residence' districts, except that
temporary real as as
estate signs may be large twenty-five
(25) square feet.
2. signs attached-flat against the wall or canopy 'of a building,
or pro~e~ting not more than six (6) feet above such wall,
advertls~ng the name of the firm or goods or services
available or produced on the premises; provided that the total
area of all such signs does not exceed twenty percent'(20%) of
the area of the side of the building to which they are
attached or two hundred (200) square' feet, whichever.is less.
3. One (1) freestanding sign, containing the name or other
identification of the use on the property, for each street on
which the property fronts, each sign is limited to an area of
'one hundred (I00) square 'feet. Such sign shall not be'located
cToser than forty (40)- feet to any property line or twenty
('20) feet above grOund level. ' ~
H. ~idelines '-
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The following are further means by which the objectives for
signs can be served. These guidelines are not mandatory, but
degree of compliance with them shall be considered by the
Special Permit Granting Authority in acting upon special
permits authorized under this section, as shall consistency
with the basi= sign objectives cited above.
Efficient Communication:
S~=ns~- should not display brand names, symbols or slogans of
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nationally distributed products except in cases _where the
majority of the floor or lot on the premises is devoted to
manufacture or sale or other processing of .that specific
product ..
2. PremiSes. chieflY identified bY a product name. (s~¢h as a
gasoline or auto brand)~should devote some part of'their
permitted sign area to alsodisplaying the identity of the
local outlet.
3.' Signs should not contain selling slogans or other advertising
which is not an integral part of 'the name. or other
identification of the enterprise.
4. sign content normally should not occupy', mOre ~han forty
percent (40%).of the sign background, whether a signboard or
a building element.
5. signs should be simple, neat and avoid ~strac~1ng elements~
so that contents can be quickly end'easily
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Enviro-mental Relationship
1. Sign design should take into consideration the~iscale of the
street to which the sign is oriented and the size, b~ightness,
style, height end'colors of other signs in the vicinitY.
2. Sign brightness should not be excessive in relation to
background lighting levels, e.g., averaging not in excess of
one hundred (100)' footlamberts in the downtown or similarly
bright areas and not in excess of twenty (20) footlamberts in
unlighted outlying areas.
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Building Relationship ~' .
Signs should be sized and'located so. aS. to not interrupt
obscure or hide the continuity'°l~:'=olumns, cornices., roof
eaves, sill lines or other elements-of building, struCtUre and
where possible, should reflect and emphasize building
structural form.
Sign material, colors and lettering should be reflective of
the character of the building to whic~'thesign relates, just
as sign size Should be related to building size.
Clutter should be avoided' by not using ..SuPport 'brackets
extending above the sign or guy wires and 'tUrn. buckles.
Lan4scaping, Buffering, Lighting
In Shopping Centers and Office Parks, landscaping shall be
provided and maintained in accordance with planting approved
78
by the Planning Board and incorporated as part of the plans on
which the Special Permit of the Board of Appeals is based.
In all industrial districts, landscaping shall be provided and
maintained in front yards and in side yards abuttingpublic
ways for aesthetic reasons to break up lines of'buildings and
for screening accessory facilities under the requirements
discussed below. Specifically, in all Industrial and Business
Districts, landscape screening shall be provided adjacent to:
a. Ab~tting existing residential properties; and'
b. Abutting limited access highways in-addition to the
landscaping in front and side yards mentioned above.
Landscape screening shall'~on~ist of ~!antl~g, including
evergreens, the plantings ko be of such hemght'depth: as
is needed to screen adequately from view from abutting
area any unshielded light source, either inside or
outside.'
(Section 6 rewritten and reorganized at the May 1, 1995Annual
Town Meeting, Article 44).
SECTION 7 DIMENSIONAL REQUIREMENTS
7.1 LOt Area
Minimum lot areas for such uses in each district shall be as set
forth in Table 2, Summary of Dimensional Requirements, which is
hereby made part of this Bylaw.
7.1.1 Contiguous Buildable Area (CBA.)
As of April 28, 1986, the area of any new 10t' created, exclusive of
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area in a street or recorded way open to public use, at least
seventy five (75) percent of the minim~ lot area required for
zoning shall be contiguous land other than land located within a
line identified as wetland resource areas in accordance with the
Wetlands Protection Act, Massachusetts General Laws, Chapter 131,
Section 40 ~nd the To~rn of North Andover Wetland Pr0tection Bylaw,
Chapter 178 of the Code of North Andover;- The proposed structure
must be constructed on said designated contiguou~ land area.
7.1.2 Lot Width
For any lot created after May 1, 1995, the minimum widthof the lot
shall be a distance of one hundred (100) feet between the street
frontage and the front building line The width shall be measured
in a line parallel to the street. This requirement shall apply in
all zones except Residence 4 (R4); for zone R4 the distance shall
be eighty (80) feet.
Restrictions
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When a fifty (50) foot straight line is drawn to divide a lot ~
in two, and the perimeter of the smaller piece is greater than
two hundred (200) feet, then such smaller piece shall not be
included in the calculations when determining: M
lot area
contiguous buildable area (CBA), or
street frontage
as required by the Summary of Dimensional Requirements (Table
2) of this bylaw. This restriction applies only to lots
created after May 1, 1995.
Any lot created after May 1, 1995 shall have a lot depth of
thirty (30) feet or more for at least eighty (80) percent of
the'minimum length of its frontage as required by the ~
of Dimensional Requirements (Table 2) of this bylaw. The lot
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depth shall be measured as a line drawn perpendicular to the
street.
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 Bylaw except as may be
permitted otherwise by theprovisions of a variance granted by
the Board of Appeals. If land be subdivided, conveyed,
devised or otherwise transferred in violation hereof, no
building peLmit 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 oft his
Zoning Bylaw~ -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.Z Street Frontage
Minimum street frontage shall be as set forth in Summary of
Dimensional Requirements (Table 2) and the lot line 'meeting these
requirements shall constitute the "street frontage" for the lot.
In no case shall actual street frontage at the street linebe less
than seventy fiVe (75) feet;, except as allowed~ by Section 7.2.2.
Corner lots shall be required to have the required frontage onlyon
one street.
In determining the fulfillment of the minimum, area and minimum
street frontage of a lot required in any zoning district, there
shall 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 streetcorner
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, thearea and frontage
required in such 'lot shall be computed as if-suCh potentially
intersecting lines were so extended; but if a curved line.motet hah
seventy five (75) feet in length is the whole of any one boundary
line of a lot, the minimum area and minimum frontage require~.'shalt
be determined entirely within the lines bounding such lot,
including such curved line.
7.2.1. Access across street frontage
Access to each lot, except for corner lotS, must be provided across
the street frontage. If access to a lot is'not across the street
frontageas of the date of the adoption of this SectiOn-7.2.1, the
lot will not be considered 'non-conforming aS to use or as to an
existing structure on that lot. (1994/39)
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Exceptions to this requirement may be granted by the issuance of a
Special Permit from the Planning Board. A street frontage access
Special permit may be granted for a lot in any residential district
provided that:
a) The specific site is an appropriate iocation for access~to the
lot given the current and projected traffic on the'roadway,
and the site distance to adjacent driveways and roadways,
and/or
b)
Special environmental conditions exit such as wetlands and/or
steep slopes such that access across the street frontage would
require wetland filling or extreme cutting and/or filling of
slopes or would be otherwise detrimental to the environment,
c)
d)
The acces.s will not adversely affect the neighborhood;
There will be no nuisance or serious hazard to Vehicles or
pedestrians;
e)
The access is in harmony with the general purpose.and intent
of this Bylaw.
7~2.2 Frontage exception
Exceptions for meeting the frontage and lot width requirements
required by sections 7.1.2 and 7.2 may be granted.upon the approval
· of a Special Permit. The permit granting authority shall be-the
Planning Board.
A street frontage and lot width exception Special.Permit may be
granted for a lot in any residential district provided-that:
a) The area of the lot exceeds by three '(3) times the minimumlot
area required, for that district;
b) The lot has a minimum continuous street. frontage of.not less
that fifty (50) feet and a width of not less than (50)-feet-'at
any point between the street and the site of the dwelling;-
c) There is not more than one other such lo~ with frontage
contiguous to it: and
d) It is so located as not to block the possible future extension
of a dead end street.
e) The creation of the frontage exception lot will not adversely
affect the neighborhood;
f) The Creation of the frontage exception lot is. in harmony with
the general purpose and intent of this Bylaw;
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f) No such lot as described above which
on
dwelling
is
located,
shall be hereafter reduced in area below the minimum area
required in Section 7.1 (1985/16)
7.3 Yards (Setbacks)
Minimum front, side and rear setbacks shall be as set forth in
Table 2, except for eaves a~d uncovered steps. Buildings on corner
lots .sh~ll h~ve the required flint setback from both streets,
except in Residence 4 (R4) District, w~e[e the setback from the
side street. ~hal~ be twenty (20) feet minimum.
7..4 Build~ng HeightS . . .
Maximum heights Of. buildings ~ndstructures shall be as set forth
in Table .2. The foregoing l~mitations of height in feet" in the
designated z~ni?g districts shall n0t apply t°:
1. Farm buildings on farms of not less than ten (10) acres.
2.. Nor shall they apply to chimneys~ ventilators, skylights,
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tanks, bulkheads,, penthouses, processing towers, and.. other
· accessory structural..features ~sually erected at height
greater than the main ro°fs of any. buildings, a
3.. No~ t? domes, ~ell towers, or spir~s of churches or other
bu~ldlngs, provided .ail features ~re in nO Way. used 'for living
purposes. . ', . .
of
4. And further pr'evaded t~at. no such'structural feature ~ny
non-manufacturing build~ngshall'ex.ceed a helght of sixty five
· (65) feet from the ground,~ · ' .
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5. Nor of a manufacturing building a height of eighty five (85)
feet fr0m the ground. '
7.$..".Lot. Coverag~ . . ....' ' ,
Maximum lot coverage· by'buildings' shalI be 'as forth in Table 2~
Lot cOverage shall mean'the percent of the lot covered by principal
and accessory structures. -
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7.6 Floor Area Rat~o
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 Dwellxng. Unit Density
Maximumdwell~ng unit (dwelling units per acre) shall be as.
density
set forth in Table 2
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7.8
1.
Exceptions 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, pr0Videdthat the applicant for a building permit onany
such lot shall show by citations from the Essex County
Registry of Deeds incorporated in or a~tached to such
application that such lot was lawfully laid o~t 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.
(Section 7 rewritten
Meeting, Article 41)
2. In Residence 4 (R4) Districts only, two or more vacant lots,
mutually adjoining, may with a special Permit' from the'Board
of Appeals be permitted to be combined int° 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 such lot was lawfully laid out
and dulyrecgrdedby planor 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. ':As described' in M.G.L. Ch. 40A, no amendment to,this:.,Zoning
Bylaw shall apply to landshown on an approved:.'definitive
subdivision plan as defined by the-Subdivision':--COntrol Law,
for the length of time described in M.G.L. Ch 40A.
4. As described in M.G.L. Ch. 40A, no amendment to this~zoning
Bylaw shall affect the use of land shown on an endorsed
Approval Not Required Plan, as defined by the SubdiVision
Control Law, for the length of time described in M.G.L. Ch
40A.
and reorganized May 1, 1992 Annual'-Town'
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SECTION S SUPPLEMENT.AR¥ REGULATIONS
8.1 Off Street Parkln~
1. Whenever a building IS erected, reconstructed, moved ~r
expanded or if a change in use occurs so as to increase it
floor area end, or design ~apacity, there shall ~e provided on
the same lotwlth such building or on a lot contiguous thereto
(or within %00 feet thereof) in the sa~ ownership as the
parcel containing the prlmar~use, a sufflclen~ number'of open
or.cove~ed parking spaces to satisfy .the req~lrements of.~he
following schedule for the new building or increased design
capacity of floor area:
2. W~.e~e ~ u~e is not indicated prior tocons~ruction.or issuance
o? nu~ldlng per,.it, the pumber of parking spaces-, provided
snell be the maximum required. . . .
Use .. M~n~mumsPaoes'ReT-~rea.
One or two family residence 2 spaces per dwelling '
. unit. ' ·
Mult! family residence ~ 2 ~paCes' per. dWelling
~ . un~t..l~spa~eper.--. .
' · 'dwelling unit for~'a Unit-
' designed and occupied by
' the elderly as defined
' ' under .gove~nment~assisted
· ' . · programs~.:.~.,.-..- i --~:' .
COngregate HouSing . 3. 0:95 per':dWelling.Unmt
.' ('29/'87)~. ..
All other ~lace~ with ' I spaCe.pet'.sleeping room
acc°mm°dat~°~S'including for Single or~ double
(but..not limited to) occupancy, 1.per 2 for
rooming houses, hotels, ' rOOms exceeding ~'oubl~
motelS~ hospitals, nUrsing beds.fOr rooms exceeding
hom~s.. - double' occupaneyl~.
Auditoriums, theaters, · 1.spece per 4 perSons
~_t~}~ic ~lelds, funeral .. . based on the design..
pa~o~s, ~a~ carecen~ers capacity of the facility.
an~ o~ner p~aces of assembly. . '. .
Restaurants, sit down 1' er 2 se~ ~-%=' ~-
~estaurants, drive through i0~0 GFA~· (~Jh%v~% ~?or
fast food~ greater applies)
Retail store and service
establishments.
Offices
Medical Offices and.
Research facilities
Warehousing, Wholesaling,
distributing
Manufacturihg, assembly,
fabrication, etc.
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6 per 1000 square feet
GFA except 5 per 1000
square feet GFA in
Business i and 2 General
Business.
i space per 300 square
feet of GFA.
3 Spaces per 1000 square
feet GFA plus one space
per employee.
space per 500 square
feet..GFA.
i space per 2 employees
in the minimum working
shift or 1 space per ~
1,000 GFA whichever is
greater.
¸86
The Board of Appeals may by variance'makeexceptions tm the
provisions of this section and , upon a w~itten.request of the
owner and after a public hearing,_ authorize' the Building
Inspector to issue permits for buildings and-useshaving less
off-street parking than specified herein, whenever the Board
of Appeals finds that under normal circumstances such lesser
off-street parking area would adequately provide for the needs
of all persons using such building. Such exceptions may be
limited as to time, use or in6ensity of use.
If the Building Inspector is unable to identify-a use.withone
(1) or more. of the uses in the above .schedule, application
shall be made to the Board of_.Appeals.i for the purpose of
determining a. sufficient quantity of. parking spaces to
accommodate the automobiles of all customers, employees,
visitors, occupants, members or clients consistent with the
provisionscontained in the above schedule.
The regulations~ of this section shall not apply to
non-residentialuses 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.
The required parking for any two (2) or more uses or ~
structures maybe 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.
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10.
11.
A parking space shall mean an area of not less than 10' x 20',
accessible over unobstructed driveways not less that 25' wide.
For parking lots which contain ten (10) or more spaces, up to
forty percent (40&) of the total number of parking spaces
provided may be designed for compact Cars with a minimum width
of 7.5 feet and length of 16 feet. Compact car spaces cannot
be provided for grocery stores.
For muLti-family dwellings the front yard shall not be used
for parking for accessory uses.
In all residential districts the front yard shall not be used
for parking for accessory uses.
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.
Loading facilities provided for any use Shall be sized,
located, arranged, and of sufficient number to allow service
by the type of vehicle customarily excepted for the use while
such vehicle is parked completely clear of any.public way or
sidewalk.
In residence districts ~garaging of 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 ctherthan passenger sedans and
passenger station wagons, but not counting farm trucks nor
motor-powered agriculture 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 o~residential uses within three
hundred (300) feet by either:
A strip at least four (4) feet~wide, densely planted with
trees or shrubs which are at least four (4) feet high at
the time of planting and which are of atype that may be
expected to form a year-round dense screen at least six
(6) feet high within three (3) years, or
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-.
Such screening shall be maintained in'good Condition at
all ti~es, and shall not be peimitted to'exceed seven
feet in height within required side yards. Such
screening or b~rriers may be interrupted b~ ~ormal
entrances or exits and shal% 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 ~e'allowed ~y Special Permit.
When it 1s deemed to be in the public good, parking for
p~rmlt.addi~i°nal pleasure vehiclesmay be allowed .bY Special
13.. Village Commercial Dimensional Requirements
ObleCtlve: To produce Parking whic~ is aesthetically pleasing,
w~il screened, accessible and'broken.into smaller parcels that may
directly and adequately service ad]acent str~ctures.
A minimum of 5% langscaping and ~reen .spac~ ~st be
provided'for all parking areas.' Th~s 5% is not ~ntended
to include the buffer zones, but shall include all
internal landscapedislandsin., the-. parking areas.
No single sectionof pa~king may contaln more than 25% of
th? total p~oposed parking spaces or mot? than 50 spaces,
whlc~ever ls.less~ As a method of dxvision,' 9' wlde
parking lot ~slands shall be installed to prov~d~ the
~roper break between adjacent parking lots. ~or pro3ects
which require lessthan 50'spaces in total, the Planning
Board may allow. 50.spaces to be located together if an
effective visual, buffer is provided.
Each landscaped i~land .must .be 6' in width ~t the
minimum. In locatlons where the possibility exists t°
enlarge ..the entire island or portions thereof, the
Planning Board would recommend-that such measures be
taken. ' '.'
c~. In all instances Wherenatural topography lends itself to
the screening of these parking.areas it shall be left in
its natural statez The -Planning Board may at their
discretion require additional screening_ at the owners
expense. '
d. Parking lots shall be provided only at the Side or to the
rear of the buildings. The Planning Board may, att heir
discretion, allow up to 50 spaces, or 25% of the total
parking, whichever is greater, to be located tothe front
of~ the structure as long as all other dimensional
criteria are adhered to.
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e. The Planning Board shall have the discretion to allow
between 4~- 6 parking spaces per 1,000 square f~et of
Gross F~oor ~rea. for retail development in the Village
Commercial DlstriCt.~
14. One (i). handicapped parking Spa?e shall be provided for every
twenty (20) parking spaces provided on site. The handicapped
' s~ace shall be 12' x 20' and be indicated by a ground mounted
sign an? pavement marki?gs. . .
8.2 Automo~'~le. Service Stations. and Other Automobile, Services
~u~omo~lle se.rvlc~ ~nd fi}ling s~ations, automobile repair shops,
mouy s~ops anu pa~n=ing shops, t~re stores, radiator shops or any
of %heir appUrtenagce~' or ~CcesSory uses Shall not be e~ected,
placed.°riocated withln fifty (50) feet of any.residence district
or res~d~nce structure..
In' agdltion, t~e use. or structure .shall conform to the follOwing
requlrements.(ln addition to district requirementS):
1. ~T~.e minimum' frontage on a'street shall be one hundred and
flfty (150) feet. .
2. The maximum~idth of. driveways and ~urb cuts measure~at the
street, lot line.or l~neS shall be thirty .(30) or barriers may
be l~terruPted by normal, entrances or'.ex~ts and shall not be
required with ten (10) feet of a street lot line.
813 Site Plan Review
Purpose
This section provides the procedures .and standards for Site Plan
Review. The intent.of Site Plan Review.is to ensure that all Town
Bylaws are adhered to, as well as encourage ~the arrangement.of
buildings, strU'~tures, open space, off-street parking, lighting,
that will promote the public~ health, safety, c~nvenience and
welfare.by establishing a uniform system of review of proposed
construction in the Town of North Andover.
This section of the Zoning By~aw is' adopted pursuant to Chapter
40A, Section 9. All Site PlanReviewapplications submitted under
the provisions of this Section, shall be reviewed by the Planning
Board as a Special Permit.
Sites and developments to which this section applies shall comply
with the regulations, of this section as well as those other
applicable Town Bylaws, or the requirements, of the Commonwealth of
Massachusetts, prior to any const~a.ction being undertaken in the
Town of North Andover.
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Development Which ReqUire site Plan Review
1. site Plan is required when:
Any new building(s) or construction, which contains more
than two thousand (2,000) square feet of gross floor area
which is undertaken on land within the-Town of North
Andover; or
Any construction which results in the addition of more
than two thousand (2,000) square feet. or gross floor area
to an existing structure; or contains five (5) or more
parking spaces.
Any construction, site improvements, new uses in existing
structures or developments which contain new processes
not normally associated--with the existing use which
results in changes in the potential nuisance to adjacent
property, traffic circulation and/or stormwater drainage
onto or off of the site. ·
2. The following development(s) are exempt from Site Plan Review:
a. single family dwelling(s) and two family dwelling(s);
b. Small structures or additions which do not exceed two -~ thousand (2,000).square feet of gross flOor, area;
ROutine repairs and maintenance that do not exceed the
provisions of Section 8.31 (1)(c).
8.32 Site ~lteration - Violation of the Bylaw
No building pe~uit, site clearing, filling; grading, material
deliveries or construction shall', be initiated on any site which
thissection.applies until Site Plan approval as requiredby~this
section is obtained. ' .... "' ~ ·
Nothing herein shall be construed, however, to prohibit<sUCh
clearing or altering as.may be necessary for purposes."ofconduCting
predevelopment studies, such as geotechnical tests,
soil borings, wetlands determination, percolation tests for septic
systems as required, by the Board of 'Health, or other similar~'test
as reqUired in order to fulfi11~a-requirement of any Town BylaW.or
reg~l'ations of the Commonwealth..
8.33 Procedures
The site plan approved bythe Planning Board becomes the official
development plan for a site within the Town of North Andover. Town
permits are issued or withheld based upon compliance with the
approved site plan. The approved site plan is legally binding and
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can only be changed or adjusted in compliance with the provisions
contained in Section 8.36.
Any proposed development meeting any of the criteria set forth in
Section 8.31(1), shall be subject to Site Plan Review and submit a
Special Permit application to the Planning Board, depending on the
classification- of the proposed development as "major.,,,
"intermediate" or "minor". Requirements for site plan shall vary
depending upon its classification criteria as outlined below:
For purpose~ of this section "major", "intermediate', or "minor"
developments are:
A MAJOR DEVELOPMENT is a project which meets one of the
following criteria:
The-prOject contains, or is to. contain; ten (10) or more
· acres; .or
ee
The project contains, or is to contain fifty (50)-or more
housing units; or
The project contains, in the aggregate, twenty-five
thousand (25,000)) or more square feet of building
coverage in any new and/or existing building (s); or
The project contains, or is to'contain, two hundred (200)
or more parking, spaces; or
The project will generate one thousand (1,000) or more
new vehicle trips per day.
An INTERMEDIATE DEVELOPMENT is a project which meets one or
more of the following criteria:
The project contains, or is to contain, between one (1)
acre and nine (9.99) acres; or
b~
The project contains, or is to contain, between eleven
(11) housing units and forty-nine (49)-housing units'; or
The project contains, or is to contain, between five
thousand (5,000) square feet and twenty-five thousand
(25,000) square feet of building coverage,- in any new
and/or existing building (s).
A MINOR DEVELOPMENT is a project which meets one of the
following criteria:
ao
The project is less than one (1) acre in size; or
The project contains, or is.to contain, between three (3)
91
housing units and ten (10) housing units; or
c. The project contains, in the aggregate, less than five
thousand (5,000) square feet of building coverage,
When any proposed development falls into two, or more development
purposed and the tYPe of information required for Site Plan Review.
8.34 Info.nation Required
Applicants ~or Site Plan-Review shall s~hmit to the Planning Board
the following materials for review:
Special Permit Application Form, along withany fees as may be
set by the Town Bylaw;
Drawings prepared at a scale of one inch equals-forty feet
(1"=40') or larger, or at a scale as approved in advance the
Town Planner;
Ail site plans shall be prepared by a' certified, architect,
landscape architect, and engineer registered in the
Commonwealth of ~Massachusetts; all plans shall be signed and
stamped;
The times for submission of the site' plans for review by the
Planning Board .are.specified in Section 10,3 of the Zoning
Bylaws (Special Permit Regulations)
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.T.~.e of Development Proposed
Ma]or Intermediate Minor
X ' X X
X X X
X X . X
x x ..... x
X X X
X X X
X X'. X
X X X
X X X
X. X X
X X X
X X X
X X' X
X X O
X X O
X X O
X X O
X O O
X O O
X. O O
X Req~zred Information
O
TABLE 1
INFORMATION REQUIRED FOR SITE PLAN REVIEW
TVDe of Information Required
1. North Arrow/Location Map
2. Survey of the Lot/Parcel
3. Name/Description.of Project
4. Easements/Legal Conditions
5. Topography
6. Zoning Information
7. Stormwater Drainage plan
8. Building(s) Location
9. Building Elevation
10. Location of Parking/Walkways
11. Location of Wetlands
12. Location of Walls/Signs
13. Location of Roadways/Drives
14. Outdoor Storage/DisplayArea
15. Landscaping Plan ~
16.~Refuse Areas
17. Lighting FaCilities
18. Drainage Basin Study
I9. Traffic Impact Study
20. Commonwealth Review
Information may be requested hy the Planning Board
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T~LE 2
Type of '~nformation Required - Explanat~.on
1. NORTH ARROW/LOCATION MAP
A north arrow and a location map showing surrounding roadways and
land uses adjacent to the site (1"=1500'). Location Map should
show at lea~t one intersection of two existing Town roadways.
2. SURVEY OF LOT/PARCEL
A boundary survey conforming to the requirements of the- Essex
County Registry of Deeds office. The survey shall be dated and
include any revision made to the survey or site plan. Any change
in the survey shall be recorded before site plan approval may be
granted.
3. NAME/DESCRIPTION OF PROJECT
The name of the development and the names, addresses and telephone
n,,mhers of the project listing tenants, land uses, development
phases, or other pertinent information necessary to evaluate the
proposed development plan.
4. EASEMENTS/LEGAL CONDITIONS
Identification of easement(s) or legal encumbrances[s) that are
related to the sites physical development, and a listing of any
condition(s) placed uponthe site by the Board of Appeals, Planning
Board, Conservation Commission, or any p,,hlic body or agency, with
the authority to place conditions on the sites development.
5. TOPOGRAPHY
The present and proposed topography of the site, utilizing two foot
(2') contour intervals. The contours shall extend at least fifty
(50') feet beyond 'the site boundaries by estimation of the
professional submitting the plan.
6. ZONING INFORMATION
All applicable Zoning Bylaw informatiOn shall be provided regardin~
the site's development. This information shall be placed in a
table and list all parking setbacks, percent of lot coverage,
floor-area-ratio, number of dwelling units, total amount of square
feet, size of signs and any other applicable zoning information
necessary for the proper review of the site plan by the Town
Planner and Planning Board.
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7. STORMWATER DRAINAGE
All stormwater drainage control facilities utilized by the site
shall be shown on the site plan. Stormwater drainage calculations
which support the design of the control facilities shown the plan
shall be submitted to the Department of Publ~ic Works.for review and
approval. Calculations shall show a mitigation of run-off to zero
of the 2, 10, and 100 year storm event.
8. BUILDING LOCATION
Identification of all existing and proposed structure(s)
located on the'site. The number of stories, overall height in feet
and gross floor area in square feet of all str~cture shall be
indicated.
9. BUILDING ~T.~VATION
A drawing of the exterior of the building, as viewed from the front
of the building must be submitted. The Planning Board may' request
side and rear views if relevant to the Board's review. This
drawing must be at least 8" x il" in size and no larger the 11" x
17". (1994/36)
10. LOCATION OF PARKING/WAI/fWAYS
Identification of the location of all existing and proposedparking
andwalkways areas, including curb cuts that wiI1 be used to access
the site fromad~acent roadways, or access points.
11. LOCATION OF WETLANDS/NOTICE OF INTENT
Ail resource areas as defined in M.G.L. Chapter 131, section 40 and
the Town's Wetland Bylaw, shall be shown on the site plan. The
applicant shall filea Notice of Intent with NACC concurrentlywith
the application to.the Planning Board for Site-Plan Review.
12. LOCATION'OF WALLS/SIGNS
Identification of the location, height and materials to'be-u~ed'f~r
all retaining walls and signs located on the site.
13. LOCATION OF ROADWAYS/DRIVES
-Identification of all right-o'f-ways, and driveways inciudi~.the
type of curb and gutter to be used, and their dimensions.
Distances to all the nearest roadways and/or curb cuts'shall be
shown for both sides of any streets which is adjacent to the site2
14. OUTDOOR STORAGE/DISPLAY AREAS
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Identification of the location and type of outdoor storage and
display areas on the site.
15. LANDSCAPING PLAN
Identification. ofthe location and landscape schedule of . ·
all perimeterand interior landscaping, including but not. limited
to proposed-paving materials for walkways, fences, ~stonewalls .and
all planting materials to beplaced on the site~ In addition, all
existing trees over 12 inches DBH, to be saved or removed shall be
shown on the site plan. Any landscaping required by the Town
Bylaws shall be indicated on the site plan in tabular' form showing
the amount required and the amount provided.
16. REFUSE AREAS
Identification of the location of each outdoor refuse storage area,
including the method of storage and screening.
17. LIGHTING FACILITIES
Identification of- the .proposed illumination, indicating the
direction and the degree of illumination offered bY'.the-proposed
lighting facilities, including an example of the light fixture to
be used.
18. DRAINAGE BASIN STUDY
A detailed hydrology study for the site. Included in,his study is
the proposed stok~water~.run-off rates into the existing drainage
system and its potential down-stream impact on the existing
drainage system.
19. TRAFFIC IMPACT .STUDY
Identification of existing traffic levels, along~with, the expected
traffi=~impacts'to occur based upon'the proposedproject. Projects
which access state highways, a traffic impact study shall be filed
with MEPA concurrently with the Planning BoardreVi~'. A copy of
the)IEPA study shall be filed with the application to the Planning
20. COMMONWEALTH REVIEW
Any information required and submitted to any agency of the
Commonwealth, shall be filed with the Planning Board upon the
initial submission of the-project for Board review.
8.35 Findings of the Pla~nlng Board
The Planning Board shall either A) approve, B) approve with
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conditions, or C) deny a site plan submitted for review.
A. The Planning Board shall approve a site plan
following conditions are met:
with
the
The site plan complies with all current
requirements of the Town, and;
Bylaw
The site plan has been submitted in accordance with the
regulations and procedures as outlined in this section
and Section 10.31 (Conditions for Approval of Special.
Permit.) -
Be
The Planning Board shall conditionally approve a site plan
when the following conditions are met:
The application needs to go to any Town BOard/Department
or Commission for approvals, or requires approvals by,ny
state, and/or federal agency and;
Co
2. The site plan generally complies., with '-Town By!~w
requirements, but requires minor changes in order to. be
compl'etely in compliance with the Town Bylaw regUlations.
The Planning Board may deny approval of a site plan for the
following reasons:
1. The plan does not include all the materials. ~r
information reqUired in this section, or has failed to
ad_here to the procedures for Site Plan Review as outlined
in this section,· and Section 10.3 (Special Permits), or;
2. The plan as presented is not in compliance with Town
By%aws, or;
3. The..p~n has been drawn incorrectl~ or 'in suchform that
the Planning Board is unable to .determine' what
information is being presented for' review, or;
The applicants have failed to incorporate and adhere to
any condition(s) for approval granted by anY'Town Board,
Department or Commission, or requirements .called-for by
any state or federal agency, which has proper authority
upon Which to place conditions on"~a matter before the
Planning Board.
8.36
Revisions to Approved Site Plan
Any revisions to a development that has secured site plan approval
shall be submitted to the Town Planner for review.
No revisions shall be approved until the Town Planner receives
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three (3)
the plan fall into the following categories:
Ce
copies Of the revised plan and the revisions placed'on
all ln~ ~,' ~e J >llowin( cate ~ori ts:' .
A change of location an~ layout of any. parking area(s) sign,
storage or accessory bulld~ng, provided that no Town BYlaws
are violated by the change, . '.
T~e change in the proposed landscaping-, plan.which does not
vlolat~ any Town. Bylaw; ., :"
A change of .egress and ingress providea'..the...same' is .in
The revisions cited above may be done without further review by
Planning Board, upon approval by the Town' Planner. ~ The Town
Planner may determine that the revisions ~s 'showh~do 'not fal~ into
the categories outlined in this subsection, and that· the proposed
revisions are in fact substantial and call for materially different
site plan than approved by th, Planning Board in that changes are
called' for in the tyPe, location and'manner of'the facilities and
site.improvements to be constructed and shown in .the~'approved site
plan.
If the revisions are determined to be substantial an~.i.mate~ially
different by the. Town Planner, the Town Plan~"shali direct the
applicant to resubmit the site plan to the Planning Board in
accordance with the provisions of this section.
8.4 screening' and LandscaPing 'RegUi~ne~ts for Off-Street
commercial and Industrial Di'stri~ts (~gS?/~)'
For all commercial and industrial districts 'the fOllOwing minimum
screening and landscaping requirements shall apply for all
off-street lots with more than 6 parking spaces, o~ in any instance
When a commercial or industrial off-street parking..'areaof anY size
abuts a residential district.
A strip of land at least six (6) feet wid~ ,(may be part of
requi~d yard setbacks) with trees or shr~b~i'~den~ely planted,
to create at least an impervious screen,..at~'least four (4)
f~et'high atthe time of plantlng and whichare"of a'tyPe that
may be commonly expected to form a year'S'roUnd impervious
screen at least five (5) feet high Within~three years.
If a natural screen as described in item 1 above cannot be
attained, a wall or fence of unifok~, appearance at least five
(5) feet high above finished grade will be allowed. S~ch a
wall and/or fence may be perforated, provided~ that not more
than 25% of the face is open.
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Ail required screening, as described in items 1 and 2 above,
shall be maintained in good condition at all times. Such
screening may be interrupted by entrances or exits, and shall
have no signs attached thereto other than those permitted in
the district. ·
criteriaFor all off-street shall also parking apply, areas of 20 or more spaces the following
On at least three sides of the perimeter of an outdoor parking
lot, there shall be planted at least one tree for every thirty
(30) linear feet. In the interior part of an outdoor parking
lot where two rows of parking spaces containing a total of 10
or more parking spaces face each other, a landscaped open
space not less than 6 feet in width shall be provided. The
landscaped 'strip may be provided either; l) between the rows
of parking spaces parallel to the aisle or, 2) in two or more
strips parallel to'the spaces and extending from the aisle
serving one row of spaces to the aisle serving the Other row
of spaces, as illustrated below.
Trees required ~y this section shall be at least 3.5 inches, in
diameter at a height four feet above the ground at time of
planting and shall be of a species characterized by
suitability and hardiness for location in parking lot-. To the
extent practicable, existing trees shall be retained and used
to satisfy this section.
The following graphics are intended as illustrations, and
examples only and have not been incorporated into the
requirements of this Bylaw.
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All artificial lighting used to illuminate any commercial or
industrial parking lot, loading bay or driveway shall have
underground wiring and shall be so arranged that all direct
rays from such lighting falls, entirely within-the parking,
loadingor driveway area, and shall be shielded or'recessed so
as not to shine upon abutting properties or streets.
Village Commercial Dimensional Requirements~ · ·
In the Village Commercial Zoning District the. following
requirements shall be adhered to. The following, requirements
are only to be placed upon the Village:Commercial' zoning
District and shall take the place of the proceeding
regulations found in paragraph 1-5.
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ObjectiVe: .Due to the high aesthetic standards to whioh the
architectUre shall be made to conform, the main purpose of the
screening shall be to screen the parking and other accessory
structures which may be a part of the development. The Planning
Board may require any additional screening as may be reasonably
required.
aw,
b~
All. buffer zones must be deSignEd by -a, registered
landscape architect, or other professional as approved by
the Planning Bo'ard ;
The Planning Board recommends that materials-.to beused
in the buffer include but not limited ~o.the foIIowing
material:
Natural/existing vegetation, natural topography, beams,
stone walls, fences, deciduous and coniferous
shrubs/trees, perennials, .annuals, pedestrial scale
walkways, gazebos and other landscape 'material as. it
addresses the aesthetic quality of thesite. ~'
The final approval of all material used within the buffer
zone shall be at the discretion of the Planning Board~
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8.5
1.
Parking lots containing 10 or more spaces shall be
required to provide one tree for every five spaces. All
trees shall be a deciduous mix of at least 2.5 inch
caliper when planted. Native trees and shrubs shall be
planted wherever possible, in order to capture the
"spirit of the locale" through indigenous species (such
as lilac, viburnum, day lilies, ferns, red twig dogwood,
oak, maple, sycamore, linden, hawthorne, birch shadbush,
etc.). '
In instances where healthy plant material exists on the
site prior to its development, in part or in whole, for
purposes of off street parking or other vehicular use
areas, the Planning Board may adjust the application of
the above mentioned standards to allow credit for such
plant material if, in its opinion, such an adjustment is
in keeping with and will preserve the intent of these
standards. -'
Planned ReSidential Development (PRD)
~--~: The purpose and intent of the regulations contained
in this section are to promote.the pUblic health, .safety and
general welfare of the citizens .of the Town by-providing for
the following goals:
To promote the mo~e efficient use of land in harmony with
its natural features;
b. To encourage the preservation of:open space;
To protect waterbodies~ and supplies, wetlands,
floodplains, hillsides (1994/40), agricultural lands,
Wildlife, and other natural resources;
To permit greater flexibility and more
efficient and economical design of
developments;
attractive,
~residential
ee
To facilitate economical and efficient provision of
utilities;
fe
To meet the town's housing needs by promoting a diversity
of housing types.
A~~k~: An application for a Planned Residential
Special Permit (PRD) shall be allowed for parcels of land in
the'R, 1, R-2, and R-3 Bistricts in accordance with the
standards set forth in this'section. An application for a
Planned Residential Development Special Permit shall be deemed
to satisfy the requirements for Site Plan Review.
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Permit AUthority: The Planning Board shall be designated as
the Special Permit Granting Authority,~ and shall grant special
permits for PRD's ~onsistent with the procedures and
conditions set forth in this section as well as in Sections
10.3 and 10.31 (Special Permits)' of this Bylaw.
4. Procedure for Approval: I
Preliminary Plan
The applicant must submit a preliminary plan per Section 6(G)
(1994/40) and schedule pre-application conference to discuss the
proposed PRD with the Planning Board before the submission of the
final special permit application and supporting documents, to the
Board for review in a public hearing.
Final Plan' Submittal
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The'applicant shall follow the procedures and standards contained
in this section and Section 10.3 )Special Permit) in submitting a
set of final plans to the Planning Board for review.
5 ......Information Required: Any applicant who desires a special
permit under requirements of this section shall submit an
application in writing in such fo~m as the Planning Board may
require which shall include at the minimum the following:
A. DeveloPment Statement: Which shall~ cOnsist of a
petition; a list oft he parties of interest with respect
tO the PRD parcel and any parcel proposed .to be used
pursuant to the subsection 5a below. A list of the
development team and a written- statement meeting the
requirements of a site evaluation statement under the
Subdivision Rules and Regulations of the Planning Board;
and setting forth the development concept and the
specific requirements~of the Zoning Bylaw wi:thin a table
which includes the following information:
2.
3.
4.
5.
The number of units,
Type size (number of bedrooms);
Floor area,.
Ground coverage,
Summary showing oPen-space, as percentages .of the
total area of thee PRD tract,
Development schedule for all site improvements.
a. Copies of the proposed instruments to be
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recorded with the plans including the Usable
Open Space perpetual restriction, which shall
be deeded to a membership, corporation,
non-profit organization, trust, public agency,
or the Town of North Andover.
Development plans bearing the seal of a
Massachusetts Registered Architect, Registered
Civil Engineer or similar professional as
appropriate and consisting of:
Subdivisions - Ail plans shall be drawn
at a scale of 1"=40' 'showing ail site
improvements and meeting, to the extent
applicable, the requirements set forth
for a Definitive Plan in the Subdivision
Rules and Regulations of the Planning
Board and;
2. Site Plans - Plans submitted shall meet
the requirements contained in Section 8,3
(Site Plan Review) to the extent
applicable.
Review by Other Town Departments: The Planning Board shall
within ten days of receipt of an application under this
section, refer the application to the Conservation Commission,
P~blic Works Department, Board of Health; Building Inspector,
Police Department, and Fire Department for written reports and
recommendations. No decision shall be made until such
reports, are returned or thirtY-five days- have elapsed
following such referral without receipt 'of such report.
Findinqs of the Planninq Board: The Planning Board. may issue
a special permit under this section only if the Planning Board
finds that the PRD i~ in harmony with the general purpose and
intent of this section and Section 10.3 (Special Permit) and
that the PRD contains residential development and open space
in a variety to be sufficiently advantageous to the Town and
meets the purpose and intent of this section, which renders it
appropriate to depart from the re~irement~ of this bylaw
otherwise applicable to the Zoning DistriCt in which the PRD
parcel is located.
If a special permit is granted, the Planning Board may impose
a condition thereof that installation of municipal services
and Construction of roadways within the PRD shall comply with
the requirements of the Subdivision Rules and Regulations of
the Planning Board.
Further, the Regulations of the Planning Board may require
sufficient security to ensure compliance with the Subdivision
Rules and Regulations, planned recreation facilities and site
amenities; and may impose additionalsafeguards pertaining to
public safety, welfare and convenience.
6. Development Standards:
A. Allo~able Parcel Size: For each. application f~led for a
special permit under this section, the applicant must
have a contiguous parcel of ~land, in single or
~onsolidated ownership at the'time of application, which
is at least ten (10) acres.in size.
'B~ ' Allowable Uses: The f~llowlng principal uses are allowed
in a Planned Residential'Development:
· 1. Single family.detached houSes,-
2'. Residential structures' with. upl to five dwelling
units per struoture, ut~lizlng common wall
. . ,construction; . '
· '3. ~ Church or other religious purposes;
4. Agriculture- on parcels greater then five (5)acres.;
_
.. 51 Public parks, - . .-~
' 6. Conservatl?n area or land preserved.as permanent
open space, . · · .'
'' 7. Membership .clubs f°r'~ the-:.exClusive .:use,.. of the
-.. ,. r~sidents of the development..
· C.. Dimensional Requlations: Site Plans.
, -' Minimum Lot size: Not' Required
· ~ ~.. -.i Lot Frontage: NOt Reguired~-- ....
- All Yard.Setbacks:._ _ Not ReqUired. ~ , . ·
-~ Height Limxtatxon: '30' or 2.5 stories
- Distance Between Structures:-50" '
. - Buffer Zone: 50' from the parcel, boundarY to any
· structure located within, a PRD Development... said
buffer shall remain open without pavement, or
roadway(s) and left in its natural condition.
Dimensional Requlations: Subdivisions
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Minimum Lot Size: R-1 and R-2
feet; R-3 12,500 square feet
21,780 square
- Lot Frontage: 100' all zoning districts
- Ail Yard Setbacks: 20' (1)
- Height Limitation: 30' and 2.5 stories
Buffer Zone: (1993/33) A fifty-foot (50') border
from the parcel boundary running the full length of
the perimeter of the parcel. No structure shall be
built within the Buffer ZOne. .The .Buffer Zone
shall remain in its natural state except;
trees and/or shrubs may be added to improve
the buffer characteristic of the Zone, and
roadways perpendicular or nearly perpendicular
to the Zone may be installed to access the
Site, if approved as part. of this PRD Special
Permit granted be the Planning BQard. Such
roadways shall be minimized within the context
of sound subdivision planning practices.
The structure may be placed upon a side lot line without
a side yard setback, provided that the adjacent lot to
which the zero setback is located has the required side
yard setback.
Parkinq Reouirementm: For all Planned Residential. Development
off-street parking Shall be provided as required by Section
8.1 (Off-Street Parking).
Usable Open Space: Usable Open Space shall be defined as the
part or parts of land within the PRD which are reserved for
permanent open space. This space shall exclude parking areas,
but include required setbacks and walkways.. The usable open
space shall be open an unobstructed to the sky; however;
trees, planting, arbors, flagpoles, sculptures, fountains,
swimming pools, atriums, outdoor recreational facilities and
similar objects shall not be considered~obstructions.
1. For subdivision PRD's the minimum usable open space
requirements shall be 35% of the total parcel area; and
no more than 25% of the total amount of required usable
open space shall be wetland.
2. For site planned PRD's, the minimum usable open space
requirements shall be 50% of the total parcel area; and
no more that 25% of the total required usable open space
shall be wetland.
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Ail resource area shall be determined by the. requirements of
M.G.L. Chapter 131, Section 40, and the Town's Wetland Bylaws
under this subsection.
FOr all PRD's the'Usable Open Space shall be 'owned in common
by and readily accessible to the oWners of all the units in
the PRD by any of the following groups:
A non-profit organization or trust whose members are all
the owners and occupants of the units,
Private organization including but not limited to the
Trustees of Reservations or Essex County Greenbelt
Association whose primary function is preservation of
open space,
3. The Town of North Andover,
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Any group as indicated by the Planning Board which exists
or is created for the purpose of preserving, open space
for the owners 'of the units located in a PRD Project.
Further, a perpetual restriction of the type described in
M.G.L. Chapter 184, Section 31, (inCluding future amendments
thereto and corresponding provisions to future laws) running
to or enforceable by the Town shall be recorded in respect to
such land. Such restriction shall provide that the Usable
Open Space shall be retained in perpetuity for'one or more of
the following uses: conservation, agriculture, or recreation~
Such restriction shall be in suCh form and subStance as the
Planning Board shall prescribe and may contain such additional
restrictions on development and use of theUsableOpen Space
as the Planning Board may deem appropriate.
Calculation of Allowable Residential -
Except as noted in Subsection Hbelow, the maximum number of
· buildable lots in a PRD will be equal-to the number of
buildable lots which would result from' an approved
conventional subdivision plan. In order to determine the
residential_density of a PRD, the applicant must submit to the
Ptanning'Board. a plan which: -
meets the criteria of a. Preliminary Subdivision Plan as
defined in Section 3(b) of the "Rules and Regulations
.Governing the' Subdivision of Land, Nort~h Andover,
Mass. achusetts" in effect at the time of plan submittal,
2. is fully compliant with the "Zoning Bylaw" in effect at
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the time of plan submittal, and
3. requires no zoning variances.
The Planning Board will use this plan to determine the maximum
number of buildable lots. (1994/40)
Density Bonuses
Affordable Housin~ Bonus
Fo~ all PRD's the total number of allowable lotS and/or
dwelling units may be increased up to 20% if the
developer designates at least 30% of the total number of
units for use in conjunction with one or more state or
federal housing assistance programs·
However, in the instance where the use of federal or
state programs are not available to the Housing
Authority, the Planning Board, after consultation with
the Housing Authority, may propose alternative methods of
attaining the Affordable Housing Bonus.
The developer shall certify, in writing to the Planning
Board that the appropriate number of dwelling units have
been set aside and conveyedto the North AndOver Housing
Authority (or other actions are required'), before the
Planning Board shall grant any special permit with
density bonus provisions.
Further, the developer shall be responsible to work with
the North Andover Housing Authority to initiate and
conclude occupancy of said units within one year of their
completion. Failure to do so shall be deemed a violation
of the special permit criteria.
The gra-nting of this bonus density shall not exempt the
proposed development from any other criteria required by
this section or regulation contained in the TownBylaws.
Open SDace Bonus
For multi-family PRD's, the total number of allowable
dwelling units maybe increased up to 10% if th~ proposed
PRD provides sixty-five percent (65%) usable open space
consistent with the definition of usable open space as
provided in this section. The granting of this bonus
density shall not exempt the proposed development from
any other criteria required by this section.
Maximum Density
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8.6
To restrict the erection and/or installation of satellite microwave
receiver discs in residential districts to~ a ground ~ '
level area,'to the rear of the rear line of the building, within
the side boundary lines of the same building so that it is out of
sight from the street.
Satellite Receiver Discs (~987/83)
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Proposed PRD's may utilize both bOnuS provisions, i.e.
affordable housing and open space; however, the granting
of bonus densities shall not exempt-the proposed
development from any other criteria required by this
section.
SECTION 9 NON-CONFORMING USES
Non-Conforming Uses
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 Bylaw. Any lawfully
non-conformin~ building or structure and any lawfully
non-conforming use of building or land may be continued in thesame
kind and manner and to the same extent as a~ 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 fining 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.
When a pre-existing structure has been made non-conforming due to
changes in the lot size required by this bylaw, such structure may
be extended or altered based on a finding by the Zoning Enforcement
Officer that such structure after the change meets all current
zoning requirements except for lot size. (1995/43)
Alteration or Extension
A use or str~cture housing a use, which does not conform to the
regulations of this Bylaw 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.
Any increase in volume, area, or extent of the non- conforming
use shall not exceed an aggregate of more than twenty five
percent (25%) of the original use..
No change shall be permitted which tends to lengthen the
economic life of the non-conforming longer than a period
reasonable for the amortization of the initial investment.
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9.3 Building After Catastrophe
Any non-conforming building or structure destroyed or damaged by
fire, flood, lighting, 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 exceDt for a purpose permitted in that 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 40A.
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 twoye=rs
or if such use or building be changed to one conforming with' the
North Andover Zoning Bylaw in the district in which it is located,
it shall thereafter continue to conform.
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SECTION 10
ADMINISTRATION
10.! Enforcement
The North Andover Zoning Bylaw shall be enforced by the North
Andover Building Inspector. The Building Inspector, upon being
informed in writing of a possible violation of this Bylaw or on his
own initiative, shall make or cause ~o be made an investigation of
facts and an ,Inspection of the' premises where such violation may
exist. 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 i~f6~-mant, in writing, his reasons
for refraining from taking any action. The Building Inspector, on
evidence of any violation after investigation and inspection, shall
give written notice of such violation to the owner and to the
occupant Of such premises, and the Building Inspector shall de~and
in such notice that such violation be abated within such reasonable
time as may be given by mail addressed to the owner at the'a'ddres~
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 Bylaw.
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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 Bylaw (and other applicable Town Bylaws) 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 pera~itted be attached to the application.
for a building permit and to the building 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-stre~t parking, screening
and fencing.
Upon granting a-permit the Building Inspector shall cause a copy to
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be posted on the property to which it relates in a conspicuous
place.
10.12 Certificate of Use and Occupancy
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Board of Appeals
10.21 Appointment a-d 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 40A,and whidh sh~ll hear ~d
decide all matters specifically referred to the Board of.Appeals by
the North Andover Zoning Bylaw and other matters referred to. such
Board by statute. The Board of Appeals members and Associate
Members shall be appointedby the Selectmen in the manner' provided
by statute. .. -- .... .
Within 'two-(2) weeks o~ the beginning of each calendar year, the
Zoning Board of App~als.sh~ll organize ahd ~lect/ a chairman'
Clerk from within its own membership.
The length'of t~rms of the members oft he Board'of Appeals
such that:the term of one me~ber exPires each year~- A member of
the Board of Appeals may be removed for. cause by the 'Board
Selectmen Only after written charges have been made and a p~blic
hearing haSbeen held. ~
10.22 -Powers of the Board o~ Appeals ' '
The Board of. Appeals shall have the folloWing'powers:
1. To hear,and decide actions and appeals as provided'herein;
2. To hear and decide applications for appropriate Special
separate. O~fense.
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NO building hereafter erected, enlarged, extended , or altered
shall be used or occupied in whole or in part until a certificate I
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" I
occupancy has b~en issued by the Building Inspector. This
certificate shall certify compliance with the provisions of thi~
Bylaw and of all applicable codes (1974). .. , .... ~
Whoever continues to violate the provisions of this 3BylaW. after
written notice .from the Building InsPector demanding an.abatement : '
of a zoning violation within a reasonable time, Shall' be sub]eot, t .
a fine of three hundred dollars ($3'00). Each day 'that "suCh'
violation Continues shall' be considered a ._
(1986/15)
Permits and variances which the Board of Appeals is required
to act upon under this Bylaw.
10.3 Special Pekmit
IThe Special Permit Granting AUthority shall adopt rules and
regulations for the conduct of its business relative to the
i issuance of Special Permits. A copy of these rules and regulations
shall be fi~e~ with t~e Town Clerk. Th~ rules and regulations
shall contain, as a minimum, a description of the size, form,
contents, style and number of copies and number of plans and
specifications to be submitted and the procedures for submission
and approval of Special permits.
The Special Permit Granting Authority may ..grant a Special permit
within the framework of this Bylaw 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)~days
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 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 filedwith the Board of Appeal, the applicant shall file the
application.with the Town Clerk, who shall transmit the applicatiDn'
to the .Board of Appeals within twenty~four (24) hOUrs. ~.
10.31 Conditions for ApproVal of Speoial Permit
1. The Special Permit Granting Authority shall not approve any
such application, for a Special permit unless it finds that
its judgement all the following conditions are met:
The specific site is anappropriate location for such
use, structure or condition;
b. The use as developed will not adversely affect the
neighborhood;
There will be no nuisance orserious hazard to vehicles.
or pedestrians;
Adequate and appropriate facilitiesWill be provided for
the proper operation of the proposed use;
The Special Permit Granting AuthOri~yshallnot grant any
Special Permit unless they make a specific finding that
the use is in harmony with the general purpose and intent
of this Bylaw.
In approving a Special Permit, the Special Permit Granting
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Authority may attach such conditions and safeguards as are
deemed necessary to protect the neighborhood such as, but not
limited to, the following:
a. Requirements of front, side, or rear yards greater than
the minimum required by this Bylaw.
Requirements of screening parking areas or other parts of
the premises from adjoining premises or from thestreet,
by wall~, fences, planting, or other devices as specified
by the Special Permit Granting Authority.
Modification of the exterior features or appearances of
the structure;
Limitation of size, number of occupants, method or t~me
of operation, or extent of facilities; -. -
Regulation of number, design and location of access
drives-or other traffic features· ."
Special Permit-granted under the provisions contained 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
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applicant, can show good cause'.why substantial 'use ,or.
construction has not c°~menced wlthlnthe two (2) yearperiod/
the SpecialPe~mitGranting Authority, as its discretion, may
extend the Special P~rmit.. 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. determinationof an
appeal from-the provisions of the Bylaw~
The Special Permit Granting Authority may, within -the
guidelines for Special Permits contained herein, allow
accessory uses whether located on the same lot as the
principal use or not, wherevernecessary in-connectiom'with
scientific research, scientific development .or related
production provided 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 dateOf the public.'hearing~ the
Special Permit Granting Authority shall take final, action in
the matter in order to issue a Special Permit provided for in
this Zoning Bylaw. There shall-h~ 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 Bylaw
shall not take effect until:
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The ToWn Clerk certifies on a copy of the dec~sion that
twenty (20) days have elapsed without filing of an appeal
or that any appeal filed has been dismissed or denied;
The certified decision has been recorded at the owner's
expense in the Essex County Registry of Deed's indexed in
the grantor indexunder the name of the record owner, and
noted on the owner's Certificate of Title;
If the Special Permit involves registered property, the
decision, at the owner'Sexpense shall also be filedwith
the Recorder of the Land Court.
10.32 Temporar~ Pekmit
The Board Of Appeals may grant a temporary Special Per'it for use
or occupancy permit for a period of not more than one (1) year at
a time, s,,hject 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 Variances and ~ppeals
The. Zoning Board of Appeals shall have power upon-appeal to grant
variances from the terms of this Zoning Bylaw where the Board finds
that owing to circumstances relating to soil conditions, slop~, Qr
topography of the land or structuresand especially affecting such
land or structures but not affecting generally the zoning district
in general, a literal enforcement of the provisions of this Bylaw
will involve substantial hardship, financial or otherwise, to'the
petitioner or applicant, and that desirable relief may be gr~nted.
without substantial detriment to the public good and without
nullifying or substantially deroga=ing from the intent or purpose.;.
of this Bylaw.
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Additionally, an appeal may be taken to the Zonin~ Board of Appeals..
as provided herein by a personaggrievedby.reason of his inability-
to obtain a permit, or enforcement action from. the .Building~
Inspector, by the Merrimack Valley Planning Commis~ion,'°r by any
person including an officer or Board of the. Townof North Andover,i
or an abutting city or town, aggrieved by an order or decision of.
the Building InSpector or other administrative officials in
violation of any provision of this Bylaw.
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
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forthwith transmit to the Zoning Board of Appeals all documents and
paper constituting the records of the case in which the appeal is
taken.
10.5
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.
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The Zoning Boardof 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 se~ting forth clearly the reason or
reasons which shall be filed within the fourteen (14) days in
the office'of the T0wn 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 att he
hearing who requested thatnotice be sent to him and stated
the~address to which such notice was to be'sent. Each nOt~ce
shalI.~ specify that appeals-, if'-any, shall'. be -filed wit~hin
twenty (20) days-after the date of filing ~'of suchnotice inTM
the office~of theTownClerk. The decision shall'also contain
the names and addresses of the owner, and ~dentification of
the land. and/or strUcture affected (if a-variance procedure.-
how the variance complies withthe 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 Bylaw
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The.
zoning
,Board ~f Appeals must ~k~ 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, four (4) of the five (5) members of the Board must
concur. If the Zoning Board of Appeals faiIs to-act Within
the timelimits specified herein, the petition for a variance
or appeal shall be deemed granted. ""
a. In the case of a variance, the Zoning Board Of Appeals
may impose conditions, safeguards and limitations oftime
and use, however, these conditions cannot require
continued ownershipOf the land or structure to Which'.the
variance pertainsby 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.
This Bylaw sh~ll be adopted and shall be amended from time to ~ime
by a two-thirds 'vote at an annual .or special town meeting.
Amendment~ to this Bylaw may be initiated by submission of
amendment to the ~oard of Selectmen by any ~f the following: a)
the
Board of 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 t~ Section ~0, Chapter 39 of
th~ Mass. General Laws, e) t~e .Planning Board, ~and f) by the
Merrimack Valley Planning Commission.
10~.5~ submission-of Amendment.to planning Board
With%n f0urteen.(14) days cf the receipt of ~n application for an
amendment to thls Bylaw, the Board of Selectmen ~hall submit the
proposed amendment to the Planning Board for review.
The Planning Board shall h~ld a public hearing on any North Andover
Tow? Meeting iW~rr~t Art%c~e to amend the Zoning Bylaw or' the
~nl~g map an9 sna±± report its recommendations thereon, if any .to
=ne TOW~ Meeting.. . . .
Each warrant article to change th~ zoning map shall 'explicitly
state the nature, ext~nt, and location of the ~ap change proposed
and shall be accompanied by: '. ' '
1. Thre? blackline prints of a diagram to scale .showing and'
stating cl'early' the dimensiOns ~n 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.
10.5Z ~,%/ic Hearing
Within sixty-five (65) days after 'receipt of a-proposed-amendment
from the Board of .Selectmen, or within sixty five (65) days after -
the receipt of an application for a SPecial Pe'~'m.it, 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.
fourteen (14) days before the day of the hearing, (the-date of.the
pub'iic hearing shall not be counted in the fourteen. (1,4) days}.
Additionally, notification of the public hearing shall be posed in
a conspicuous place in'the North Andover Town Hall for a period of
not less than fourteen (14) days before the date of the hearing.
Further, notification of'the public hearing shall be sent to the
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Massachusetts Department of Community Affairs, the Merrimack Valley
Planning Commission and Planning Board of all abutting cities and
towns 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 recommendations 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 Adopt ·
If the Town Meeting fails to vote to adopt any proposed Bylaw
amendment within six (6) months after the hearing described.
heretofore, no .action shal~ be taken thereon until after a I
subsequent public hearing is held with notice and report as
heretofore provided.
10.55 Repetitive Petitions
If any proposed Bylaw amendment thereto is acted upon unfavorably
by the Town Meeting'(annual or special), it shallnot be acted upon
again for a period of two (2) years from the date of the
unfavorable action unless.the Planning Board recommends in favor of
the petition'in the report.
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10.56
Procedural Defeots
In accordance with Chapter 40A, no claim or invalidity of this
Bylaw or any amendment to this Bylaw arising out 'of a possible
defect in the procedure of adoptionor amendment shall be made in
any legal proceeding and no state, regional, county, or municipal
office~.shall.-refuse, deny,-orA revoke any permit, approval, or
certificate~because of any such .claim of invalidity unless such
claim is made within.~one hundred twenty' (120) days after the
adoption of the Bylaw or amendment. 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 Effeot of Subsequent A~enflments
In the case of.amendments to this Bylaw or changes in the districts
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or the boundaries subsequent to the date this Bylaw 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 Special Permit, the date on which the
Planning Board voted~ final action)' and in -cases involving
construction unless such construction is contained through
completion as continuously and expeditiously as is-reasonable.
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10.6
Conflict of Laws
In general, this Bylaw is supplementary to other North Andover
Bylaws affecting the use, height, area, and location of buildings
i and structures and the use of premises. Where this Bylaw 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 Bylaws, the provisions of this Bylaw shall control.
i 10.7 Validity
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The invalidity of any section or provision of this Bylaw shall not
invalidate any other section 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 matter may~be heard and acted favorably
upon_for a-two (2) year period unless the followingconditions are-
met:
In the Case of 1) above, four (4) of the five (5) members of the
Planning Board findthat 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 it proceedings,
and only after a public hearing at which such consent will be
considered and after notice is given to the parties in interest.
In the case of 2) above, the Zoning Board of Appeal~s may not act
favorably upon a petition which has been previously denies, within
a two (2) year period of time unless four (4) of the five (.5)
members of the Zoning Board of Appeals find that there are specific
and material changes in the conditions upon which the changes in
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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.
~0.9 Withdrawal Without Prejudice
Any petition fo~ a variance which has been ~ransmitted ~o 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 respectively.
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SECTION 11 . PLANNED DEVELOPMENT DISTRICT
1I. 1 . Jurlsdlction '
The Pla. nnlng Board may grant a Special Perm~_ for
Pe~it shall
=nl~ sylaw and to G.L. chapter 40A,' Section--- 9, and to
~e~lat%ons which the Planning Board shall adopt for car~i~g ou~
· ts d~tles hereunder. E~cept as set out hereunder ~ o~ in the
~lannl~g Board's re~.latlons, or in a specific pe~it granted
gove~.nereunder' the provisions of the . Zoning Bylaw shall, continue to
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The pu~ose of the PDD District is to provide for ~
9= au ueslgnaneQ locations at greater density and intensity than
would no,ally be allowed provided that said land .usage:
1. Doe~ not d~tract from the liv~ility and aesthetic ~alities
of ~e envxro~ent. . ·
2. Is consistent with the objectives of the Zoning Bylaw.
3. Promotes more efficient use of land whiie- protecting .natura1
r~sources, such as water resources, wetlands, fl°odpl~lns, and
wxldlife..
4. Promotes diverse, ener~-efficient housing at a V~riety of
costs. ·
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1. Pre-ADD1 ~tlon conferenc~
Prio~ to the s~missio~ of an applicati~ for a SPecial Pe~it, ~e
a~l~can~ ~t hi~ 'option ma~ confer with ~e Planning'
Board to
oDnaln lnro~atlon and ~ldance before~ entering in[o binding
co~itments or incurring s~stantial expense in the preparation of
plans, su~eys, and other data.
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Submission of Preliminary, Planz
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The applican~ shall file a preliminary plan accompanied by the form
titled "Submission of Pre ' ' '
llmlnary 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 Clerk.
The Planning Board, within sixty (60) days from receipt of the plan
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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 modifications 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:
a. Planne~ Development Boundaries, north point', date,. Scale,
legend, and title "Preliminary Plan: Planned
Development:, the name or names of applicants, and
engineer or designer.
b. Names of all abutters, land uses, and .approximate
location and width of all adjacent streets.
In a general manner, the existing and proposed lines of'
streets, ways, easements, and of any public areas within
or next to th, Planned Development.
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The approximate 'boundary lines of'existing and proposed
lots with approximate areas and dimensions.
The proposed system of drainage, including' adjacent'
existing natural waterways and the topograph¥.ofth~iand
in a general manner.
Existing and proposed buildings, significant structures
and proposed open space in a general manner.
An analysis of the natural features of the site,
including wetlands, floodplains, slopes over 12%, soil
conditions, and other features requested by the Planning
Board.
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.
A summai~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
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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®
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It shall be drawn at a scale of one inch equals forty
feet unless another scale is requested and found suitable
by the Planning Board.
The Plan shall be prepared· by a land surveyor,
professional engineer, or architect.
The scale, date,~and north arrow shall be shown.
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.
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.
f. Lot number, dimensions of lot in feet, size of tot in
square feet, and width of abutting streets and ways.
g. Easements within the lot and abuttingthereon.
The location of existing or proposed buildings on the
lot.
1. The location of existing wetlands,··water bodies, wells,
100 year floodplain elevation and other natural features
requested by the Planning Board.
j. The dimensions of the existing and proposed buildingsin
feet.
The distance of existing and proposed buildings from the
lot lines and the distance between buildings on thesame
lot.
Percent of the lot. coverage.
Average finished grade of each proposed building.
The elevation above average finished grade of the floor
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11.4
and ceiling of the lowest floor of each proposed
building.
Existing and proposed topographical lines at two (2) foot
intervals.
The use designation of each building 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.
Number of apartments, meeting rooms, and restaurant and
theater.
Total square feet of floor space of all landscape'and
recreation areas, and depiction of materials to be used
(grass, 5-foot shrubs, etc.).
Deed or other recorded instrument that shows' the ~
application to be the owner or owner under option of the
land tO'he designated as-a Planned Development.
Minimum Requirements ~
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6. The project does not adversely affect the natural environment
Major facilities or functions which require citing within
scenic areas are designed to be visually compatible with the
natural or historical characteristics.
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Adequate parking facilities are provided for each use and
structure in the development.'
Ingress and egress for traffic flow is designed properly so
that there, will be no serious hazard to vehicles or
pedestrians.
The project is. consistent with the-purposesset out in Section
2.
If more than twenty-five percent (25%)' of the PDD is located
within a residential district, at least fifty-one percent
(51%) oft he building area and accessory facilities in the PDD
shall be used~for residential purposes. ~
The Plan shall be subject to the following conditions an-the
Planning Board shall make a determination that the '.project meets
all the following conditions:
to the detriment of community character and public health and
safety.
11.5 Permitted Uses
In ~ Planned Development District, the f°ll°wing uses ' are
permltte~: ' ~ .,
1. Residential
a. Detached 1, 2, or 3 family residential structures.
, b. Apartment Houses
c. Town Houses '
2. Business .
a. Restaurant ~.'
b. Theater, Museums
c. General~retail sales and service (except retail sales of
automob%le,' mobile' homes, 'house trailers and exbept
automobile service station). · ' '~ . ' ·
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d. 'Banks and financial ~ervices. ·
e. Business and professional offices.
f. Personal servIces,- ' . . ~ ' . ..
g. Re~reati°n
3. Industrial Use' '.
a. .Any u~es .which the Planning Board .deteri, lnes' are not
ln]urious to.the safety or general welfare of the area.
No PDD shall be permitted on a site of less than 60,000 square
feet.
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Usable open space
In all PDD's, at least twenty percent (20%) of the land shall be
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set aside as permanent usable open space, for t~e 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 to trust representing persons responsible for.the PDD,
and shall be protected by a conservation restriction as required by
G.L. Chapter 40A, Section 9 for common open space in cluster
developments. 'A covenant 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.
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.
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11.7
Relation to Subdivision Control Act
Approval of a Special Permit hereunder shall..not substitute for
compliance with 3~e Subdivision COntrol Act, nor oblige the
Planning Boarduv approve any related definitive plan for
subdivision, nor reduce any time period 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 combined-
plan and application which shall satisfy this section and the
Board's regulations under the Subdivision Control Act..
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SECTION 12
LARGE ESTATE CONDOMINIUM CONVERSION
12.1 Purpose
The purpose of this subsection is to permit existing buildings, or
I large tracts of land in Residence Districts 1, 2, and 3 to be
converted to single family condominium dwelling unit compatible
with such residence districts, to create new housing involving
irelatively little new construction, to: generate tax revenue to the
Town, to preserve existing buildings, to preserve the residential
character of the Town and to preserve open space in the Town. In
order to provide for development that is compatible with Residence
i Districts ~, 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.
12.2 Requirement s '
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Properties meeting the following requirements shall be eligible for
consideratiOn for a condominium Conversion special permit:
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
the public way.
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Any dwelling located on a lot of record as-. of APril 24, 1982
may be converted to condominium dwelling units.
The total number of dwelling units that can be created under
a condominium conversion Special Permit shali not exceed n-2,
where "n" is the number of acres in the parcel.
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Each condominium dwelling unit shall be.' an independent
swelling 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 hundred and fifty (850)
square feet per unit.
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No building (including both buildings converted 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 calculations of floor
area.
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No new building for dwelling purposes may be built on the
parcel. New structures may be built pursuant to paragraph
(b) below·
Parking requirements are subject to Section 8 of the Zoning
Bylaw.
For the purl~,oses of this sUbsection, ,open space" shall mean
all the land on the parcel except that land occupied'b~
buildings to be converted to condominium dwelling units and
existing buildings to be used for parking purposes. Toinsure
that preservation of open space, the following requirements
shall be met:
OPen space may be used for the foilOwing, purposes:'flower
gardens, gardens, landscaping, requiredparking, roadway~
and driveways reasonably necessary for the development,
underground utilities, recreation not .re~..iring any
facility or structure, and land left in 1ts 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 character 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 hoUses3,~
and other accessory ~tructures for accesSorY purposes.).
shall be subject to the approval of the planning Board as
to their number,- design, locations, uses,, and sizes;
provided, however, that all such facilltl s and
structures, including roadways and driveways, shallnot
'involve the use of more than twentypercent (20~) of al/
of-the open land on the parcell ......
c. All new utilities, including wiring for lights on open
space, paths, and driveways, shall be placed underground.'
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12.3 Contents of Application
An applicatioh fo~'a condominium conversion SpeCial Permit 'shall
include the following:
1. Proposed Master Deed and proposed plans to be recorded
therewith, including floor plans, at least one (1) elevation
for each building being converted 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.
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2. Proposed Bylaws.
3. A sample proposed Unit Deed.
A locus plan showing the parcel and all land immediately
adjacent thereto, including nearby buildings and structures.
Such other plans, photographs, models or elevations as the-
Planning Board Shall reasonably deem necessary or appropriate
to help dnderstand the proposal.
12.4
'Change in Appli=ation
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 of 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
or changes do not substantially derogate from the intent and
purpose of this subsection.
12.5
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 Bylaws,~ as they are to be initially recorded, which final
plans, Master Deed, plans andBylaws shall all be substantially.'the
same as those approved with the Special Permit in all respects
materialto 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 Bylaws 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 Bylaws may be amended
without-Planning Board approval; provided, hoWever, that an
amendment to theSpecial 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 permitted
District (s) with greater flexibility from the pattern otherwise
permitted in such districts.
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SECTION 13
CONTINUING CARE RETIREMENT CENTER
13.1
Establishment
There is established a Continuing Care Retirement Center (CCRC) as
a permitted use under the Special Pek~it provision of this Bylaw.
Such permitted use may only be authorized in existing Residence 2
and Village Residential Districts. A CCRC parcel may include an
adjoining parce~ of land which is in the Residential-1 District,
providing' that no development shall be permitted in the
Residential-1 portion. The authorization will empower the Planning
Board to review and approve a definitive plan under the Special
Permit provisions in Section 10.3 and as in otherWise provided for
inthis section. A CCRC shall include a nursing home care facility
and congregate' housing units and may also include independent
dwelling units and assisted living units. A CCRC may also only
include any or all Of ~he foregoing housing types provided it is
affiliated with a nursing home.
13.2 Pttrpose
The purpose of the CCRC is to provide for the development and use
of specialized housing and nursing care for the elderly on the
basis of the Planning Board to issue a Special Permit in the
permitted District .(2) with greater flexibility from the pattern
otherwise permitted in such districts. It is intended: to create
health care, including home health care, housing and other
supportive 'services designed to meet the needs of the elderly
population and to enable that population to live independently. It
is further intended to encourage the preservation of open spaceS;
to allow for new nursing care facilities and housing that causes
relatively little demand on Town services; and to preserve the
Town's residential character. In' creating an alter~atige to
existing nursing and housing possibilities 'for the elderly,-the
CCRC is i~tended to allow for a greater mixture of buildings~
structures and uses with -regard to density .than' is otherwise
permitted thereby allowing for the nursing care of the elderlyand
the relief of the physical, economic and emotional stress
associated with the maintenance and care of traditional nursing
home and residential properties.
13.3
a.
Definitions
Nursin~ care Facility. A facility for the care of elderly
persons requiring regular attention by medical or nursing
*personnel for reasons of age, ill health or physical
incapacity and which has been licensed as a long-term care
facility by the Massachusetts Department of Public Health.
Conqre~ate Housinq Units. Dwelling units providing private or
communal .living for elderly persons who ordinarily are
ambulatory and require no or limited medical attention or
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supervision.
Such.dwelling units shall consist of a room or group of rooms
for~lng.a habitable unit for two, or
faci%itles u~ed, or one, three pgrsons, with
intended to be used, for living, bathing,
cooking, eating and sleeping.
Dwellinq Units. Dwelling units similar in
c.
Independent
character a~d use to congregate housing units and providing
elderly residents ~f such units with access to all. supportive
services,provided in congregate'housing.units. Independent.
d~l~ing un~tsmay only consist of free-standing buildings
w.1 n oonta ? up to five dweni g units per startle.
d. ~slste~.Liv~nq. Units. Owel}ing Units for elderly indiViduals
?~ ~oup£es in need. of assistance wit9 activities of daily
l!v~g. Such ~welling unlts may not include 'facilities for
coo~ng or eating.. ·
e. Elderly. A single person who is 62 Years of age
two or more persons sharing a household, the older of Whom is
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62 years of ~ge or older.
f. ~. ~yarea within a pa=celo~ land'in'a' =¢~¢ ~a~lihg
~ithin?he definition contained in Chapte~ '131 of the General
~aws of. MasSachusetts as' amended fromltime to.time, or'any-
regulations pr°mulgated Pursuant't° .said chapter.
~ome H~alth Car~. Medacal- ~nd th~rapeuti¢ serVices
g' to reSidents.in their dwell'1ngun~s~ ~'. provided
13.4 'Perm/t~ed- uses
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A. Principal' .useS. The following Uses. shali be permittedin a
CCRC: .
1.' NU~sing~carefaoiiiities;
2. i Congregate'housing' units;
3. IndependentdWelllng units;
4. Assistedlivi'ng~ units;
5. Hom~ health care;
6. Facilities for supportive services, including, but not
limited to ~edical, rehabilitative, recreational,.sociaI
and nutritional .programs, dining 'and function roo~s~'~
kitchens facilities and laundry facilities.
These andothers shall be designed for the primary use of
residents. Such supportive services maynot be designed
or used as a general business for the larger community of
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7. Any other use deemed reasonably necessary or ancillary by
the Planning Board to facilitate the uses described
above, meaning and intending to permit those services and
programs customarily offered in CCRC~
standards and Restrictions
Minimum'LOt, Size. A CCRC shall be permitted only within a
single 1Ct containing a total area of not:-'less than
twenty-five (25) acres. Existing public or privateways need
not constitute boundaries of the lot, but the area within such
ways s~all not be' counted in determining minimum tot size'. As
used in Section i3, parcel and lot shall have .the".'same
meaning. ..
Permissible Density. Unless in compliance with the bonus
density provisions of subsection 6., the dwelling unit density.
shall not exceed an average of four (4) units per acre in a
parcel Which is located within the Residential-2 District and
five (5) units per acre in a parcel which is located~within
the Village Residential District exclusive of the nursing'care
facility. When a parcel is located in a combined.portion of
either the~.Residential-2 and Residential-I or the village
Residential and Residential-1 Districts, a density factor of
2 units per acre shall be applicable to the portion in the
Residential-1 District. However, in no instance, shall any
development such as the const'ruction of buildings', roads: and
parking lots be permitted in the Residential-1 District nor
shall any development in Residential-2 or Village Residential
District adversely impact 'the Residential-1 DiStrict.' For
parcels which are located in a combined portion of the
Residential-2 and Village Residential Districts, the
permissible density for each District shall be applicable.
Also, in no event shall the total number of independent..~
dwelling units exceed fifteen (15) perce~t of't~e t~tal number
of dwelling units otherwise allowed in any 'CCRC parcel.
Further, in no instance shall the Floor Area 'ra2i'on of the
entire project exceed 0.25, nor shall .the total n,,~ber of
dwelling units exceed 250 for any parcel regardles~"0f total
acreage or density bonuses provided under paragraph. 6.
Maximum Lot Coveraqe. In no event shall' the maximum Iot
coverage of-buildings and structures exceed:.twenty-five (25)
percent.
Dimensional 'Requirements. .
Perimeter Setback. The setback area is intended.to
provide a perimeter greenbelt around the CCRCexcept for
road and-utility crossings. No building or ~ther
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structure shall be located within one hundred (100)~feet
of perimeter lines of CCRC parcel.
Common open space lying within a setback area shall
qualify as fulfilling this requirement. A perimeter
landscaping plan shall be submitted to the Planning Board
for its approval provided that nothing shall prevent the
construction of walls and fences. The Planning Board may
authorize or require landscaping in the Residential-1
District if it is consistent with the objective of
screening the CCRC from existinq or potential residential
development.
MinimumFrontaq~. Frontage on any public street or way
shall be one hundred fifty (150) feet, except on Route
114 where for reasons of public safety, the minimum
frontage shall be two hundred fifty (250 feet).
Maximum Heiqht. The height of any structure shall not
exceed three (3) stories and in no event more than
thirty-five (35) feet, excluding bulkheads, chimneys~.
flagpoles, mechanical Penthouses, and similar traditional
roof appurtenances. Further, the Planning Board may
exempt ornamental or non-habitable architectural features
added for aesthetic purposes.
Common open Space. Land within the CCRC parcel or lot which
is not specifically reserved for the support of the CCRC
facilities and which is not covered by buildings, roads,
driveways,, parking areas, or service areas which is not .set..
aside as private yards, patios or gardens for residents shal-1
be Common Open Space. Further, all Common Open Space shall be
open and unobstructed to the sky; flagpoles, 'sculpture~
benches, swimming pools, tennis courts, atriums, trees and
similar objects shall not be considered obstructions:~ The
area of Common Open Space shall equal at least fifty (50)
percen~ of the total area of the CCRC parcel or lot.and no
more thegn twenty-five (25). percent of the minimum requi~ed
Common open Space shall be situated within wetlands. The
Common Open Space shall have a shape, dimenSion; character and
location suitable to enable its enjoyment, and
conservation, recreation and agriculture purposes by the
residents of the CCRC.
Further a permanent conservation restriction of~the type
described in MGL Chapter 184, Section 31, (including future
amendments thereto and corresponding provisions in future
laws) running to or enforceable by the Town shall, be recorded
in respects to the Common Open Space. Such restrictions shall
provide that the common open space shall be retained in
perpetuity for one or more .of the following uses:
co~se.rVation, recreations or agriculture. Such restriction
shall be in a form and substance as the Planning Board shall
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prescribe including the management of said conservation
restriction by the Town Conservation Commission, Trustees of
Reservations, Essex County Greenbelt Association or other
agency or body, all as subject to the approval of the Planning
Board.
Parkinq. The minimum number of parking~ spaces provide in
connection with the Uses permitted under this section shall be
as follows:
Nursina Care FacilitV. One parking space for ..every
sleeping room for single or double occupancy.
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Conqreqate Housinq, Assisted Housinq ..and Independent
Dwelling Units. One parking space for each unit.
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The Planning Board Shall have the discretion to' waive the
applicant's compliance with these parking requirements
provided that the applicant's plans demonstrate the capacity
to fully comply with all other requirements of Section 13.
Public .Safety. The Planning Board shall require ali CCRC
applications to include statements, drawings and/or plans
indicating that all applicable public safety (including fire
safety and suppression devices) have beer provided as required
by law. Further, in recognition of the unique requirements of
the elderly for protection against the hazards due to fire,
applicants are advised to incorporate sprinkler systems in
accordance with provisions of the National -Fire` Protection
Association (NFPA 13D).
Public'Sewe . All CCRC projects shall* be .conneCted to the
public sewer system. The North Andover Department of PUblic
Works shall review all proposed sewering plans and report as
to their adequacy to the Planning Board.
AffOrdable Housinq. For alt CCRC's the. total number of
allowable dwelling units may be increased up to 50%, if the
applicant designates at least.lO% of the totat number of units
for uses as .affordable housing units. Such u~its may be
rented, Sold- or otherwise provided to elderly, persons
qualified to receive federal or state rental assistance or
subsidies for reducing mortgage payments in accordance with
income and assets limitations established by the authorizing
state or federal agency. The applicant may choose tomeet
affordable housing requirements directly by utilizing similar
income and assets standards and establishing rentS, sales
prices or entry feed for units which are determined to. be
generallyconsistent with those established under the various
subsidy programs. For this purpose, the Planning Board in'
consultation with the Housing Authority, any establish rent,.
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carrying charge, maintenance fee, sales price or entry fee in
order to meet the requirements for affordable housing. Such
units shall be maintained as affordable housing units for the
life of the CCRC development.
In the event that the applicant is unable to meet its
obligations in the manner prescribed above, or as an
alternative program, the Planning Board may allow the
applicant to contribute funds, in lieu of housing unitS, to
the: Tow~, Housing Authority or any public or non-profit
agency which is authorized to develop or support affordable
housing for the elderly. The rate of contribution shall be
two (2) dollars per square foot of gross floor area of all
buildings and structures exclusive of pools and parking. The
granting of this density bonus shall not exempt the applicant
from meeting.any of the other requirements of this or other
referenced section of the Bylaw.
Oe_~ace. The total number of allowable dwelling units may
be increased by 15% if the proposed CCRC provides 75% uSable
open space consistent with the definition of open space in
this section. The granting of this bonus density shall not
exempt the applicant from meeting any of the other
requirements of this or other referenced sections of the
Bylaw.
Approval
Facilities proposed to be built in a CCRC shall be subject to
the following procedures:
The applicant shall be required to meet with the Planning
Board to discuss the provisions, of Section 13 and other.
referenced Sections, the elements of the proposed
development and the r~quirements and specific provisions
of the preliminary site plan to the Planning Board for
its review and recommendations.
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The appiicant will be required to submit a "Definitive
Plan" in accordance with the applicable provisions of
Section 11.3. The Planning Board may issue a special-
permit if is determines that all of the applicable
requirements - for the CCRC have been met and the
definitive plan is generally consistent with the
preliminary site plan.
Relationship to Subdivision Requlation~. The requirementsof
the special permit in no way or manner release the applicant
from the requirements of the Subdivision Regulations of the
North And.vet Planning Board.
Density Bonus Limitations. The use of all density bonuses
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provided herein may not exceed 50%.
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SECTION 14 . INDEPENDENTLY ELDERLY HOUSING
14.1 Establishment
Independent Elderly Housing shal~ be permitted use under -the
special permit provisions of this Bylaw in the Residential-3
District: The Planning Board ~ay re~iew a definitiv~ plan un,er
the special pe%mit provisions in Section 10.3 and as ls otherwise
provided in t~ls section.
The14.2 Purpose ' . . ..
~urpose of an Independent Elderly HoUsing speclalpermit isto
provide an a~ternatlv~ and supplement' to the-traditional forms of
elderly housing promoted, by the'Town. It iS further lntendedto
encourage ~he ~reservatlon of open space; and to preserve"the
To%rn's reslde_t_a_ character,n 1 1
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14.3 Deflnitlo~ · . - . .
Independent Elderly Housing .is a multi'family residential
structure, eaCh dwelling unit with separate access; restricted to
individuals a~d Couple~ 55 years of age and older, 'but'not
excluding physically or mentally handicapped individuals.'
14.4 Permitted' UseS . . . . , '
Single, duplex and multi-famllY'resldential structures. .. ~.'~
14.5 Stanaards and Restrictions' , -..
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a. Minl~Um Lot'Silz,:' ' A single lot at least. 10 aCres, i '
b. PermisSible.Density: Four ~welling units per acre, .with"n°~
more ~nan eighty (89) dwelling units in any one independent
elderl~ housing development, or not more than one ~un~red
(100)' in the event of compliance with the Dr0visionS of
paragraph 6 below (Density Bonus); and in no i=nstance shall
the maximum FAR exceed 0.20.
c. Maximum Lot Coverage: In no event .shall the maxlmdm' lot
coverage of buildings exceed twenty-f~ve percent (25%~).
d. Setbacks: ' . .
1. Perimeter Setback: The setback area is intended to
provide a perimeter greenbelt around any indePendent:
elderly housing development except for roads and ~tllltY'
crossings. No building or other structure shall be
located within one hundred (100) feet of the perimeter
lot lines of an independent elderly housing development.
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Minimum Frontaqe: Frontage: Frontage. on any public
street or way shall be one hundred fifty (150). feet,
except Route 114 where for reasons of public safety shall
be two hundred fifty (250) feet.
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Maximum Heiqht: The height of any structure shall
conform-to the height requirement of the R-3 District.
Common Open'Space: All land within the parcel Or lotwhich is
not specifically reserved for the support of dwelling units
and which is not covered by buildings, roads, driveways,
parking areas or service areas, or which is not set aside as
private yards, patios or gardens for.residents shall be common
open space. Further, all common 'open space shall be Open an~.
unobstructed 'to the sky; flagpoles, sCUlptures, benches,
swimming pools, tennis courts, atriums, trees and similar
objects shall not be considered obstructions. The area of
common open space shall equal at least fifty (50) perce~t of
the total area of parcel or lot and not more than twenty-five
(25) percent of the minimum required common open space shall
be situated within wetlands. The common openspace Shall'have
a shape dimension, character and location suitable to enable
its enjoyment and use for conservation, recreation and
agriculture purposes by the-residents. Further', a permanent'
conservation restriction of the type described in MGLChapter
184, Section 31 (including future amenaments thereto and
corresponding provisions in future laws) running, to or
enforceable by the .Town shall be recorded in respect to the
common open space. Such restrictions shall provide that the
common open space be retained in perpetuity for one or more'of
the following uses: conservation, recreation or agriculture.
Such restriction shall be in a form and substance as the
Planning Board shall prescribe including the management of.
said conservation restriction by .the Town Conservation.?
Commis~i?n~ Trustees of Reservations,"Essex County Greenbelt,'
;tssociatlon or other agency or body, all as sub~ect to the
approval of the Planning Board.
Parkinq: Two off-street parking spaces per dwelling unit.
P~biic Sewer: All projects shall be connected to the Public.
sewer system. The North-Andover Department of Public Works
shall review all proposed sew.ring plans and report as tO
their adequacy to the Planning Board.
ADDroval: Facilities and/or units proposed to be~ built as
Independent Elderly Housing shall be subject to the following
procedures:
The applicant shall be requi~ed to meet withthe Planning
Board to discuss the provisions of Section 14 and the
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referenced section, t~e elements of the proposed
development and the ~equlrements and specific provisions
of the preliminary site plan. The applicant shall submit
a preliminary site plan to the Planning Board for its
review a?d recommendations.
2. The applicant will be .required to ~ubmit a "Def~nitive
Plan? in accordance with the applicable provisions of
Section .11.3. The P%anning Board may issue a special
permit if it determines that all of the applicable
requirements for independent elderly housing have been
· met and ~h~ definitive plan is generally consistent with
the preliminary site plan.
i. Relationship to Subdivision Regulations: The
requirements of the .special permit in no way' or
manner release the applicant from the requirements
· of th~ Subdivision Regulations of the North Andover
.Planning Board. '
14.6 Denslty Bo~us
a. Affordable Houslnq: For all Independent Elderly Housing', the
total number of allowable ~welling units may be increased by
25%, if the .applicant 'designates at least 10% of the total
ucn un,ts may ne re~ted, sold. or otherwise provided t°
elderly persons qualified to receive federal or state rental
assistance ~ subsides for reducing mortgage payments in
~cordanue.w~th income and assets limitations ~stablished bY
ne authorizing state or federa} agency. The applicant may
ch~°~e, to meet affordable housing requirements directly.by
utilizing similar.income and assets standards and establishing
~ents,. sales price of entry fees for units which are
~etermlned to .be generally c~nsistent with those established
under,the various subsidy .programs.' For this purp°~e, the
Planning Board in consultat~onwith the H~using Authority, may
-establish the rent, ~arrying charge, maintenance fee, sales
price or entry ~ee 1n order to meet the requirements for
affordable housing. Such units s~all be maintained as
affordable ~ousing units for the life of the Independent
~lderly Housing development. In the event that the applicant
iS.Unable to meet its o~ligations in the manner prescribed.
above, or as a~ alternative program, the Planging Board may
allow the applicant to contribute funds, in lieu of housing
units, t~ ~he. TOWn, ~ousing Authority or any public or
non-profit agency which is authorized to develop or support
affordable elderly housing. The rate of contribution shall be
two (2) dollars per square foot of Gross Floor Area of all
buildings and structures exclusive of underground parking or
swimming pools. The granting of this density bonus shall not
exempt the applicant from meeting any of the other provisions
139
of this or other referenced sections of this Bylaw.
140
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lermit ted U~e
igricultural Use*
SU~.~Y OF UH~ KEGULATZON$
Rea Nee ViII Rea Res Bu~ Bug gun D~ VIII Con lnd Ind lad lnd
~,2 4 Res 5 6 1 2 3 4- Co~ Bug ~ 2 3 S
~ 3
Art Gallery
uts G Vehicle Repair,
Body Shop
No No No No Ho Ho No No Ho No Yes Ho Yes Ho .Ho
ting & Drinking
stabkishment
?uneral Pa~lor
{ndependent
.derly Housing
sot Place of
Amusement or A~sembly
[ndosr Ice Skating
lacili~iem
No Yes ~es Yea ~en No No No Ho No Ho No Ho No No
Yes Ho Ho HO No -No . Ho Ho Ho Ho No Ho No No No
.o ,o Ho HO HO HO Yes Yea Ho ~es Zee Ho Ho ~o ~o
No No No No No No No fin No No No SP No SP fin
uumber, Fuel Storage
iotel or UoCe.L
i~lti~fnm; ~y
Dwellings & Apts.
]unicipaI Reccrat£on Areas
£ y D~,el~in~
~ersonal Service~
istablisAment
ace of Worship
Ho No No No HO No NO No NO No Yes No Yes Ho Yes
Ho No No Ho No No Ho No Ho No No ~en ~e8 Yes Yes
No No No Ho No No Yes Xes Yes Yes Yes Yes Yea Yes No
Ho HQ No SP No Ho Ho HO ~ee* HO Ho NO NO HO HO
No No YQsneYQa Yes' ¥;~ SP NO No No No No No Ho No
Yes Yee Y~B No Yen NO No Ho Ho NO Ho No No Ho NO
No No No Ho No NO No Yes No NO Yes No' .No No NO
Yes Yes Zee ~en Yes ~ Yes' Yes YeN ~eN YeN ~es Yea ¥e8 Yen Zee
SP SP SP SP SP Ho No Ho Yes Ho No Ho Ho Ho No
Yes Yea Yes Yes Xea Xes No No No No No No Ho Ho No
No No No No* SP* Yes Yes Yes No· Yes ~es Noe No· Naa No"
Yes Yea Yes Yes Yu ~ea ~en Yea Yes ZeN ~es ~es Yes Yes Yes
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Rea 5 6 1 2 3 4 Comm nus 1 2 3 8
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;ate $¢hool ~or P~ofit
[essionalOffices*
Lic Building or Use
SP SP SP SF SP No ~e. ~es ~es Yes Yes Yes ~es
SP SP SP SF SP yes Yes ~ee ~ea ~ea Xes Zee
NO No No NO No No No NO No NO No No NO Yes No
NO NO NO NO SP' No No NO No ~o NO NO NO Yes No
No Ho No No No No No No No Ho No No Ho Xes No
Ho Ho No No NO No No No No Ho No No No Yes Ho
:esPionAges
~arch & Devekopmen~
:ilitics
~il Escabliahmen=
S~ SP SP SP SP SP SP SP SP SP SP SP SP SP Ho
-f~Ily Dwelling
arinary Hospital
~en. nel
~housi~g &
~lesaling
Care Center
~8S/22}
No No No Yes Yes "No SP No No No No No No Ho No
NO lea les les Xes Yea No No No No No Ho No No Ho
No No NO Ho NO No No No No No No Ho ~eS No No
See det.~i.ted Di~.~ic~ Usa Regulat£OnS-
with Special Pe.,ci~t O~i.y.
Es This cha~ is £o~ summacy iniorma~ionp~rposesonly and is oo~ a subs~Lbute [or the de~ailed
dis~ict use regulations contained ~n SeCtiOn 4 o£ this a~1~u.
Only wi~h the p~oviaioe o£ publicly ovned and maintained sewers or Town app=oved and accepeed
private sewers, (see Footnote 12 of Table 2 - Oimeoaionai Regulations) and with no mote ~han
~£ve dvelling unica pe~ atzuctu~e.
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In Ail district except Villaqe Commercial, front setbacks
along Route 114 shall be a minimum of 100'. Front setbacks
Shall be 100' along 125 in Industrial 1 and 2 Districts; the
first 50, of front setbacks under this requirement shall be
made to provide an effective visual buffer and no parking
shall be permitted.
Adjacent to residential district, an additional 15 foot side
or rear setback shall be required. The first 15feet of the
total ,setback abutting the residential district shall remain
open and green, be suitably landscaped, unbuilt upon,
unpaved and not parked upon. In the Business 2 District,
the side yard requirements 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 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
minimum of 3,000 square feet. Minimum lot size for an
apartment complex shall be 60,00 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: -
Minimum Street Frontage:
MinimUm Front Setback:
Minimum Side Setback:
Minimum Rear Setback:
Maximum Floor Area Ratio:
Maximum Lot Contiguous units:
18 Feet
30 Feet
None required where
a party wall is
constructed between
units; otherWise a
25 foot side setback
shall be provided.
30 Feet
1.20:1
10
The following additional requirements shall apply When
apartments or townhouse complexes are constructed in this
district:
There shall be a paved driveway or paved walk adequate
to accommodate emergency vehicles within 50 feet of the
outside entrance of each dwelling unit.
be
Any road providing access to townhouses or lots
intended for townhouses shall conform to the
Subdivision Control Regulations of the Planning Board.
Any road providing access to more than 18 apartment
dwelling units or more than 24 parking spaces shall
conform to appropriate provisions of the Subdivision
Control Regulations as if it were a minor residential
street. Before issuing a building pea-mit in such
cases, the Building Inspector shall obtain a' report
from the Planning Board on the extent of such
conformitY.
d. Maximum height' (apartment building): 40 feet.
e. Maximum stories of living quarters (apartment
building): 3.
f. Maximum units per structure (apartment building):
In Residence 4 DistriCts only, front setback may be the
average of all front setbacks of dwelling units within 250
feet on either side of lot. Buildings on coL.er 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 minim,,m 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 l, 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.
il. 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.
12. Only if all lots or structures are serviced with public
sewer and/or a private sewer system approved and accepted by
the Town. For the purpose of this section, the term private
sewer system shall mean a sewer system built by a developer
to Town specifications and locations, and dedicated.~to- the
Town.
In no instances shall the term private sewer system be
construed to limit accessibility to the sewer system beyond
regulations consistent with the public sewer system.
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13.
14.
If multi-family structures are selected to attain the
maximum density allowed, the proposed project shall be
subject to the minimum open space requirements found in
Section 8.5 (Planned Residential Development), and to the
site plan review requirements of Section 8.'3.
In the instance where no public sewer service is provided
and there is no private sewer system acceptable to the Town,
· the allowed density in the Village Residential Zone shall be
one dwelling unit per acre and said dwelling and associated
lot shall conform, to all the regulations consistent with
development in the R-2 Zone. Further, under no
circumstances shall multi-family development be allowed in
the Village Residential Zone, regardless of density,
without the provisions of public sewer or a town approved
and accepted private sewer system.
In instances where a lot fronts on Route 114, for ,purposes
of public safety, the required lot frontage shall be 250
feet.
The dimensional criteria described in the table below
applies only to detached single family development.
Multi-family structures developed in this district shall be
subject to all criteria applicable to multi-family
developments as stated in Section 8.5. However, in no
instances shall the bonus density subsections of Section 8.5
apply in the Village Residential District.
15. In accordance with the procedures and regulations set forth
in Section 10.3 and 10.31 of this Bylaw, an application for
a special permit may be submitted to increase the allowed
Floor Area Ratio (maximum) from 0.25:1 to 0.30:1 provided
that at least 5,000 sq. ft. (excluding basements) of the
resulting gross floor area be deeded to the Town for public
use purposes; that at least 2,500 sq. ft. of said area be
located at street level, and that the entire square footage,
exclusive of basements, deeded to the Town be supported with
parking spaces at the rate of one space per 250 square feet.
16. Open space shall be consistent with the definition of usable
open space as contained in Section 8.5, subsection 5f.
Usable open space no loading areas ~hall be allowed on the
usable open space.
Ail required front, rear, and Side yard requirements may be
calculated as part of the usable open space, but in no
instance shall any area designated for open space be less
than 15 feet in width.
Further, no more than 25% of the total area required for
open space shall be a wetland area, and no permanent or
standing waterbodies shall be calculated as part of the
required open space.
17. Village commercial Dimensional Requirements
Setbacks .
Objective. The setbacks have been determined ~nd arranged in
such a way as to promote a quality development which lends itself
to the surrounding community in an unobstructive manner.
a. Front setbacks for structurealong Route 114 shall be a
minimum .of 50', all of which s~all be used as an
effective visual buffer. No parking shall .be allowed
within that 50' buffer. Any roadways or drives within
that 50' buffer shall.be'as necessary for access only.
_
b. When adjacent to a Residential D~strict the minimum
setback shall .be 40', with the. first 25' remaining as
an effective visual buffer. The Planning Board may
allow the minimum setback adjacent to a Residential
District- t.o- be reduced to 25' providing that the
maximum height of the-proposed structure be 25', not to
exceed one (1) et. cry. Further, for every 1 foot that
the. structure is moved closer than 40 ' to the
Residential Property Line the maximum allowed heig. ht of
the structur.e shall be reduced by 1 foot (See Diagram
1). ~'-.In no instances shall a" structure' be Closer that
25.'t.o a side. or rear setback. Any roadway or drives
w~thzn those setbacks shall be as necessary for access
only.
(Residential Abutter)
Property
Line
SETBACK
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
PLANNING BOARD
APPLICATION FOR SPECIAL PERMIT
NOTICE: This application must be typewritten
Applicant:, Address:
1. Application is hereby made
(a) For a Special Permit under Section
of the Zoning Bylaw.
Paragraph
(a) Premises affected
numbered
(b) Premises affected
North South
Street.
(c) Premises affected are in Zoning District
the premises affected have an area of
and frontage of feet.
3. Ownership:
are land and buildings
Street.
are property with frontage on the
East West side of
Street, known as No.
; and
(a)
Name and Address of owner (if joint ownership, give all
names)-.
Date of purchase
(b) If applicant is not owner,
pr'emises:
Prospective purchaser
Leasee
~ Other (explain)
Size of proposed building: i..
Height: stories:
(a)
(b)
Pr vi°us owner "'
check his interest in 'the
front:
feet.
Approximate date of erection
Occupancy or use (of each flo~r)I
~ype of construction
feet deep
Size of Existing Building: feet front:
Height: stories feet.
(a) Approximate date of erection
(b) Occupancy or use (of each floor)
__feet deep
e
Has there been a previous application for a Special Permit
from the Planning Board on these premises?
If so, when
Description of purpose for which Special Permit is sought on
this petition:
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Deed recorded in the Registry of Deeds in Book Page ·
or Land Court Certificate No. Book Page~..
The principal points upon which I base may application are I
as follows: (must be stated in detail).
I agree to pay for advertising in newspaper and postage fee for
mailing legal notices to "Parties in Interest".
(Petitioner's Signature)
Every application for action by the Board shall be made on a form
approved by the Board. These forms shall be furnished ~y the
Clerk upon request. Any communication supporting to be an
application shall be treated as mere notice of intention to seek
relief until Such time as it is made on the official application
form. Ail information called for by the form shall be furnished
by the applicant in the manner therein.
Every application shall be submitted with a list. of .Parties in
Interest" which shall include the petitioner, abutters, owners of~
land directly opposite on any public or private street or way and~
abutters to the abutters within three hundred (300) feet of the
property line all as they appear on the most recent .applicable
tax list, notwithstanding that the land of such owner is located
in another city or town, the Planning Board of the Town and the
Planning Board of every abutting city or'town.
LIST OF PARTIES IN INTEREST
NAMES ADDRESS
Add additional sheets if necessary
Any question should be directed to the Planning office
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DIVISION OF PLANNING AND COMMUNITY DE~FELOPMENT
TOWN OF NORTH ANDOVER, MASSACHUSETTS
PLANNING BOARD
APPLICATION FOR SITE PLAN REVIEW - SPECIAL PERMIT
Under Section 8.3 of the Town of North Andover Zoning Bylaw.
1.) Applicant/Petitioner:
Address:
Phone:'
2.)
3.)
4.
5.
6.)
Maior
x
x
! x
X
X
X
! x
IX
Ownership:
Address:
Phone:
Location of the project:
AddresS:
Assessors Map #
Deed Recorded in:
Registry of Deeds Book
Certificate No.
Size of the Building
Height Stories
Occupancy or Use
Size of Existing Building
Height Stories
Occupancy or Use
Type of Constructkon
Page
Book
Classification of the Project (See Section
Zoning Bylaw) '
Major ~. Intermediate _ Minor
InfOrmation Required for Site Plan Review
or Land court
Page
square feet
feet
feet
8.33 of the
.Type of..DeveloDment. Proposed
Intermedi te ~ Type of' Information Required
X X . 1. North Arrow/Location Map
X X 2. Survey of the Lot/Parcel
X . X 3. Name/Description of
X 4.
X X 5.
X X 6.
X __ X 7.
X ... X" 8.
X . X 9.
X X 10.
Project
E a s e m e n t s / L e g a 1
Conditions
Topography
Zoning Information
Sto~mwater Drainage Plan
Building(s) Location
Location of Parking/
Walkways
Location of Wetlands
A1.3
X X X .
X X X
X X X
X X 0
X X 0
X X 0
X 0 0
X 0 : 0
X
X
0
7.)
8.)
11. Location of Walls/Signs
12. Location of Roadways/
Drives
13. Outdoor Storage/ Display
Area
14. Landscaping Plan
15. Refuse Areas
16. Lighting Facilities
17. Drainage Basin Study
18. Traffic ImpactStud¥
19. Commonwealth Review
-I
required Information
Information may be requested by the Planning Board
Please supply ten (10) copies of the above information to ~'
the Town Planner with this application.
Advertising Fee :
Filing Fee:
9.) Petitioners Signature:
Every application for action by the Board shall be made on a form
approved by the Board. These forms shall be furnished by the
Town Clerk upon request. Any communication purporting to be an
application shall be treated as mere notice of intention to seek
relief until such time as it is made on the official application
form. All information called for by the form shall be furnished
by the applicant in the manner therein prescribed in accordance
with the requirements of Section 8.3.
Every application shall be submitted with a list of -Parties in
Interest" which shall include the petitioner, abutters, owners Of
land directly opposite on any public or private street or.way, and
abutters to the abutters within three hundred (300) feet of the
property line all as they appear on the most recent applicable
tax list, no%withstanding that the land of any such owner is
located in another city or town, the Planning Board of the Town
and the Planning Board of every-abutting city or town.
LIST OF PARTIES IN INTEREST
NAME ' ADDRESS
Add additional sheets, if necessary.
Any questions should be directed to the Planning Office.
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