HomeMy WebLinkAbout1998 ZONING BY-LAW NORH ANDOVERI
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THE ZONING BYLAW
TOWN OF NORTH ANDOVER
1972
REPRINTED IN 1998
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THE ZONING BYLAW
TOWN OF NORTH ANDOVER
1972
REPRINTED IN 1998
Section 1
Section 2
Section3
3.1
Section 4
4.1
4.11
4.12
4.121
4.122
4.123
4.124
4.125
4.126
4.127
4.128
4.129
4.130
4.131
4.132
4.133
4.134
4.135
4.136
NORTH ANDOVT.~R ZONING BYLAW
TABI J~. OF CO~
PAGE
TABI,E OF CONTENTS ......... : ........ '. .................................. 2
TABLE OF REVISIONS ..................................................... 5
PURPOSES 13
DEFINITIONS .................................................................... 14
ZONING DISTRCTS AND BOUNDARIFS .....................24
Establishment of Dislricts .................................................... 24
BUILDINGS AND USES PERMrlTED .: ........................ 25
District Use Regnl_ations .................................................... 25
General Provisions 25
Pemfitted Uses ' ' - 26
Residence 1,2 and 3 Districts ............................................. 26
Residence 4 Di~isict 28
Village Residential District 31
Residence 5 District ........................ , ....... , .......................... 34
Residence 6 District., .............. ~ ............................. : ........... 36
Business 1 District .......... : ............. :....} ......... '..., ................ 40
Business 2 Dishict 41
Business 3 Di~hict ........................................ : ....... , ..... , ..... 42
Business 4 District .... ........................... ..... ~ ........................ 44
Village Commercial Di~Mct 45
General Business District ~ 46
Industrial 1 District ...~ ..... ................................................. 47
Industrial 2 District .} ........................................... : ............ 48
Industrial 3 Di~Mct .......................................................... 50
Industrial "S" District .............................. ........................ 50
Watershed Protection District ......................................... 51
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4.137
4.2
Section 5
Section 6
Section 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
Section 8
8.1
8.2
8.3
8.4
8.5
8.6
8.7
8.8
8.9
Section 9
9.1
9.2
Phased Development Bylaw 67
EARTH MATERIALS REMOVAL ............................... 68
SIGNS AND OUTDOOR LIGHTING REGULATIONS 77
DIMENSIONAL REQUIRMENTS ................................ 89
Lot Areas .................................................... .' .......... i .......... 89
Contiguous Buildable Area (CBA) ................... , ........... :... 89
Lot Width .................................... : ............. : ...................... 89
Restrictions ........................................................................ 89
Street Frontage .................................................................. 90
Access .............................................................................. 90
Frontage Except/on ................... , ...................................... 91
Yards (setbacks) ................. ; ............................................ 91
Buildable Heights ......................................... , .................. 92
Lot Coverage ........................................ ~ .......................... 92
Floor Area Ratio 92
Dwelling Unit Density .... : ..... : .......................................... 92
· Exceptions ....................................................................... 92
SUPPLEMENTARY REGULATIONS 93
Off Street Parking ........................................... ' ................. 93
Automobile Service Station and other Automobile Services 97
Site Plan Review ....... , ....................................................... 97
Screening and Landscap/ng l~equirements for Off-Street
Commercial & Industrial Districts 107
Planned Residential Developments (PRD) ....................... 110
Satellite Receiver Discs .................................................... 116
Growth Management 116
Adult Use Zone ' · 122
Wireless Service Facilities ....i ........................................... 125
NON-CONFORMING USES 142
Continuance ............................................................... : ..... 142
Alteration or Extension 143
9.3
9.4
S~tion 10
10.1
10.1.1
10.12
10.13
10.2
10.21
10.22
10.3
10.31
10.32
10.4
10.5
10.51
10.52
10.53
10.54
~ 10.55
10.56
10.57
10.6
10.'/
10.8
10.9
Section 11
Section 12
Section 13
Section 14
Building after Cata.qtrophe ' 143
Abandonment ........... : ...................... ; ................................ 143
ADlVIINISTRATION ............ · ........................................... 143
Enforcement ' 143
Building Pexmit ' 144
Certificate of Use and Occupancy .................................... 144
Penalty for Violation ......................................................... 144
Board of Appeals .............................................................. 1 a.a.
Appointment and Organi~,ation ......... ................................ 145
Powers of the Board of Appeal.q ....................................... 145
SpecialPermit ' 145
Conditions for Approval of Special Pe,~fit ....................... 146
Temporary Permit ............................. ~ ....................... ; ....... 147
Variance and Appeals ......................... · .............................. 147
Amendments to Zoning Bylaw .......................................... 149
Submi.qsion of Amendment to Planning Board ......... ......... 149
Public Hearing 149
Report by Planning Board ................................................. 150
Failure to Adopt ................................................................ 150
Repetitive Petitions ........................................................... 150
Procedural Defects 150 '
Effect of Subsequent Amendments ................................... 150
Conflict of Laws 151
Validity ............................................................................. 151
RePetitive Petitions .......................................................... 151
Withdrawal without Prejudice ......................................... 151
PLANNED DEVELOPMENT DISTRICT ' ' 152
LARGE ESTATE CONDOMINIUM CONVERSION .. 157
CONINUING CARE RETIR~TMENT CENTER ........... 160
INDEPENDENT FJ,DERLY HOUSING ....................... 165
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Table I
Table II
SUMMARY OF USE REGULATIONS ........................ TBL 1
SUMMARY OF DIMENSIONAL REQUIREMENTS .. TBL 2
Footnotes firom Table II ................................................................................... FN 1:1
Fbi 1.2
FN 1.3
Appendix
- Special Permit Application ......................................................
- Site Plan Review Application. ................................................
TABLE OF REVISIONS
REVISED ZONING BYLAWS. OF TI4F, TOWN OF
NOR-TH ANDOVER, MASSACHUSETTS
Town Meeting
Date /Artide Zoning Bylaw
Number Section Brief Title
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 Di~hicts
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
1987/11,28 8.3 (1)
Lake Cochichewiek Amendment
Watershed District
SPGA Definition Amendment
General Provisions
Day Care Center
Day Care Center
Lot Width
Definition of Driveway
Established Phased Development
Penalty of Violation
CBA Requirements
Public / Private Education
Municipal Buildings
Sale of Ag. Products
K-1 Dist. Lot Area
Established PRD
Standards for Site Plan
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1987/12
1987/14
1987/16
1987/20
1987/21
1987/22
1987/23
1987/24
1987/25
1987/26
1987/27
1987/28
1987/29
1987/83
1988/27
1988/28
1988/29
1988/30
1988/35
1988/37
1988/38
1988/39
1989/32
1989/33
1989/43
1990/32
4.123
8.4
8. t03)
4.128
Table 1
3.4
2.38.1
2.38.2
2.27.1
2.34
4.122
4.1310)
8.1(2)
8.1(2)'
8.3
4.138 (4) (a)
8.6
.13.0
14.0
2.29, 4,122
2.65
4.135
8.1
8.3
8.5
Z22
2:27
2.30.1
2.38.3
2.40
2.43
2.52
2.61.1
7.8 O)
7.8 (4)
4.125
Table 2
B~g. with
6
Established VC Di~ct ~
Deleted "HELISTOP"
~ablished I-~ori¢ District
De£ Floor Area, Net
Amend Meg. Two Family Dwenir~
Two Family Dwelling in K-4 District
Off Street Parking
Off'Street Parking Table
Site Plan Review Criteria
Watershed Di~h-'ict
Stanasrds: Satellite
Est. Continuing Care Retirement
Cente~ CCRC
F_ztabli~ed hdependent Fadefly
Housing
Fata~ed Congre~at~ ~ous~g
~ Nursing / Convalescent Home
Watershed Proteaion Di,,h'ict
Amend Off Street Parking
Amend Site Plan Review
Amend PRD
Amend Auto Repair ShOp
Amend Building Height
Amend D~y
Add Floor Area Ratio
Amid Hom~ Occupation
Amend Lot
Amend No Cut Zone
Add Principal Structure
Amend Exceptions
Established R-6 District
Established R-6 Di~hlct
Amend to Confocm with Stat~
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1990/33
1990~34
1991/1 (STM)
1991/2 (STM)
1991/3 (STM)
1~/4 (STM)
1991/5 (STM)
1992/52
1992156
1993/33
1993/34
1993/35
1993/36
1993/37
1993/39
1994/36
Table 2
1994/37
1994/38
1994/39
1994/40
1994/1 (STM)
1995/38
1995/41
1995/43
1995144
1995/15 (STM)
1996/6
1996/19
1996/20
4.121.6 (b) (c)
Beg. with
4.125
2.39.1
10.14
4.136
Table 2
8.4 (6)
8.1
4.125.21
4.125
4.133.6
8.5 (6) D
4.132 (11)
4.133 (11)
4;122 (6)b
2.22.1
4.137
8.34
2.65
4.136 (7)
7.2.1
8.5 '
4.136
4.136
7.0
9.0
6.0
4.133 (23)
8.7
2.41
8.3
7
Place in Order
Add Ha~urdous Material(s)
Add Associate Member Planning
'Board
Replaced Watershed Protection
District
Amend VC District Add Foomote 17
Add to (6) VC Screening.
Amend (13) VC Parking
Add SPGA, Planning Board
Add Para. 5 - Uses Allowed by Special
Permit
Add-Spedal Permit & SPGA
Amend Buffer Zone
Deleted- Helistop
Deleted- Helistop
Amend to Conform with State
Deleted - Repetitive (2.37.1)
Amend Flood Plain District
Add Building Elevation Table 1 &
Add Watershed Protection Di.~tfict
Deleted Para. 2(c) and Amend (d)
Add 7.2.1 Access
Amend l(c); See. 4; Sec. 6(g)
Amend Watershed Protection Dis~iet
Amend Watershed Protection District
Amend Dimensional Requirements
AmendNon-Conforming Uses
Amend Sign By-law
Add Hotels to I-2
Established Growth Management
Amend Def. of Hotel/Motd
Amend Site Plan Review
1996/21 6.0
1996/22 8.8
1997/29
1997130
Amend Signs and Sign Light
Establis~ Adult Use Zone
The Town ofNorth 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, 19431 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 M_eefin$ December 23, 1946 (Articles I and 2). Approved by the Attorney
General Feinuary 5, 1 7.
1947 - Annual Town Mc,.-~dng.(Article 46). Approved by the Attorney General March 28, 1947.
Special Town Meeting June 16, 1947 (Article 1). Approved by the Attorney Gea~-,d
,November 21, 1947.
Spocial Town Meeting June 20, 1947 (Article 1). Approved by the Attorney General lune.25,
1947.
1949 - Arc,al Town Meeting (Article 1 ). Approved by the Attorney General ltme 3, 1949.
1950 - Annual Town Meeting (Article 32). Approved by the Attorney General February 9, 1951.
Special Town Meeting August 28, 1950 (Article4). Approved the Attorney General Satmary
29, 1951.
1952 - Annual Town M .e~ting (Article 40). Approved by the Altomey General April 16, 1952.
1953 ~ Annual Town Meeting (Article 58). Approved by the Attorney General April 22, 1953.
The Town ofNorth Andover Zoning Bylaw adopted at the Special Town Meeting of June 30, 1956
(Article 1 ). Approved by the Attorney General December 6, 1956, posted lanuary '9, 1957.
1957 - Anm~al Town Meeting (Articles 11,12,14,15,16,17,20 and 22). Approved by the Attorney
General June 28, 1957, posted July 12, 1957.
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Special Town Meeting~ October 7, 1957 (Articles 7,8,10,11,12,13,14,and !5). Approved by
the Attorney General on October 19, 1957, posted November 29, 1957.
1958'- Annual Town Meeting (Articles 11,12 and 13). Approved by the Attorney General on April
28, 1958, posted May 15, 1958.
1959 - Annual Town Meeting (Articles 62,63,64 and 65). Approved by the Attomey General March
31, 1959, posted April 15, 1959.
Special Town Meeting, June 22, 1959 (Article 5). Approved by the Attorney General July 16,
1959, published July 21, 22 and 23 1960.
1960 - Annual Town Meeting (Articles 79,80,81,82,83 and 85). Approved by the Attorney General
May 2, 1960, posted May 10, 1960.
Special Town Meeting (Articles 79,80,81,8.2,83, and 85). Approved by the Attorney General
May2, 1960, posted.May 10,1960.
196i - Aura,al Town Meeting (Article 64). Approved by the At-tomey General April 10, 1961, posted
April 13, 1961.
1962 - Special Town Meeting, Maay 14, 1962 (Article 7). Approved by the Attorney General July 12,
1962, posted luly 12, 1962.
1963 - Annual Town MecXing (Articles 24,25,26,28,29,86,87,88,89590 and 91). Approved by the
Attorney General June 6, 1963, posted June 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 and 87). Approved bythe Attorney
General April 30, 1965, posted May 4, 1965.
Spedal Town Meeting, November 8, 1965 (Article2). Approved by the Attorney General
November 23, 1965, posted December l, 1965.
1966 - Annual Town Meeting (Article 10,11,12,13,15,16,17,18, and 19). Approved by the Attomey
General April 6, 1966, posted April 11, 1966.
1967 - Annual Town Meeting (Article 75 and 77). Approved bythe Attorney General April 21, 1967,
posted April28, 1967.
Spedal Town Meeting March 18, 1967 (Artide 10). Approved bythe Attorney General April
21, 1967, posted Apd128, 1967.
Special Town Me, ting June 19, 1967 (Article 1 and 2). Approved by tl~ Attorney Gen~
1968 - Annual Town Meeting (Article 61). Approved by the Attorney General May 20, 1968, posted
May 23, 1968.
Special Town Meeting April 8, 1968, (Article 3). Approved by the' Attorney Gert~ July 2,
1968, posted July 2, 1968.
Spedal Town Meeting July 22, 1968 (Artide 1). Approved by the Attorney C_nmeml August 1,
1968, posted August 6, 1968.
Special Town Meeting September 30, 1968. (Artide 9). Approved by the Attorney General
October 9, 1968, post .e.xt October 15, 1968.
1969 - Special Town Meeting Jasmary 9, 1969 (Article 4). Approved by the Attorney G-~eral lanuary
28, 1969, posted February 4, 1969.
Annual Town Meeting March 3, 1969 (Article 22 and 76). Approved by the Attorney Gexleml
May 28, 1969, posted luna 9, 1969.
1970 o Annual Town. Meeting (Article 32.and 33). Approve by the Attorney General May 12, 1970,
posted lune 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 Attomo' G~meral June 9,
1972, posted June 14, 1972.
Town ofNorth Audover Zoning Bylaw adopted at the Special Town Me,ting of June 5, 1972 (Article
1 lA and I lB). Approved by the Attorney Gemaal on August 2, 1972,posted August 4, 1972.
1972- Special Town Me~ting, December 18, 1972 (Articles 1 and 25. Approved by the Attorney
General April 4, 1973, posted April 10, 1973.
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1973 - Anrm~l Town Meeting (Article 11)i ApprOved bythe Attorney General May 5, 1973.
Special Town Meeting June 25, I973 (Article 6 and 7). Approved by the Attorney General
August 29, 1973, posted September 4, 1973.
1974 - Annual Town Meeting (Article 13,14,15,16,17,18,19,20,21 and 22). Approved by the
Attorney General May 21, 1974, posted May 28, 1974.
1975 - Annual Town Meeting (Articles 29,30,48 and 49). Approved bythe Attorney General luly 7,
1975, posted July 10, 1975.
Zoning Map emended to include I~3 District, description of which ia on file with the Town
Cleric
1976 - Annual Town Meeting (Articles 35,36 and 86). Approved by the Attorney General August 3,
1976, posted September 3, 1976.
Special Town Meeting November 23, 1976 (Artide 9). Approved by the Attorney General
December 12, 1-976, posted, December 21, 1976. -
!978 - Annual Town Mczthag (Article 68 and 70). Approved by the Attorney General August 30,
1978.
Special Town Meeting June 26, 1978 (,Articles 4 and 6). Approved in accordance with IvI. G.L
Ch.40, Sec. 32, posted October 30, 1978.
1979 - Annual Town Meeting (Articles 50, 51 and 52). Approved by the Attorney General August 23,
1979.
1980 - Annual Town Meeting (Articles93,94 and 98) Approved bythe Attorney General August 7,
1980.
1981- Annual Town Meeting (Articles 67,68,69,71,72,74,75,76 and 77). Approved by the ARomey
General August 3, 1981, posted August 6, 1981.
1982, Annual Town Meeting (Article 80,81,82,83,84,85,88,89 and 93). Approved by the Attorney
General July 27; 1982.
1983 - Annual Town Meeting Articles
(77,78~79,80,81,82,83,85,86,87~88,89,91,92,93,94,95,96,97,98,99,100,101,102,103,107,109
and 110). Approved by the Attorney General May 24, 1983.
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SPecial T0wn Meeting October 27, 1983 (Article 6). Approved bythe Attorney general
December 20, 1983.
.1984'- Anm~_~! Town Meeting (Article 92,94,96,97,98,99,100,101,104 and 105)~ Approved by the
Attorney General July 31, 1984.
1985 - Annual Town Meeting (Artidesl2,13,14,15,16,17,18,20;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 8,9,10,1 I, 14;16,20,21,23,24,25,26,27,28,29,83,84,90 and 9).
Approved by the Attorney General November 27, 1987.
1988 - Ar~a! Town Meeting (Article 27,28,29,30,.35,37,3.8,39 and 48). Approved by the Attorney
General July 28, 1988.
1989 - A~',o! Town Meeting (Articles 32,33,38,39,40,41 and 44. Article 43 amended). Approved by
the Attorney General July 28, 1989, posted August 1, 1989.
1990 - Anmial Town Meeting (Articles32,33,34,35,36,37 and 41). Approved by the Attorney
General August 24, 1990, posted August 28, 1990.
1991 - Special Town Meeting .Ianuary 29, 1991 (Artidesl,2,3,4 and 5). Approved by the Attorney
CjeneralMarch 14, 1991, posted March 15, 1991.
1992 - Anmsal 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 the
Attorney General August 27, 1993, posted August 30, 1993.
1994 - Anntml Town Meeting May 2, 1994 (Articles22,36,37,38,39 and 40). Appwved by the
Attorney General September 16, 1994, posted September 19, 1994.
1994 Special Town Meeting October 24, .1994 (Al'tide 1). ,approved by t~ Attorney General
February21, 1995, posted February 22, 1995.
1995 - Annual Town Meeting May 1, 1995 (Articles 38,41,43 and 44). Approved by the Attorney
Genera september 21, 1995, posted
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Special Town Meeting November 4, 1995 (Article 15 ). Approved by the Attomey General
December 6, 1995. Posted December 11, 1995.
1996'- Annual Town Meeting May 6, 1996 (Articles 6, 19,20,21,22). Approved by the Attorney
General posted
1997 - Annual Town Meeting May 13,1997 (Articles 29,30). Approved by the Attorney General
August 13, 1997. Posted August 18, 1997.
1998 - Annual Town Meeting May' 11, 1998 (Articles 24, 25, 30, 31, 32, 36). Approved by the
Attorney General
SECTION 1
PURPOSES
The purpose of this Bylaw is the promotion of the health, safety,
convenience, morals and welfare of the inhabitants of the Town of
North Andover, as provided by Chapter 40-A of the Geaeral Laws of
the Commonwealth of Massac.husetts, 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. encouraging the most appropriate use of land;
2. preventing overcrowding of land;
3. conserving the value of land and buildings;
4. lessening congestion of traffic;
5. preventing undue concentration of population;
6. providing adequate light and air;,
7. reducing the hazards from fire and other danger;
assisting in the economical provision of transportation, water, sewerage, schools,
parks, and other public facilities;
controlling the use of bodies of water, including
watercourses;
10. reducing the probability of losses resulting fi-om floods; and
11. reserving and increasing the amenities of the Town.
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SECTION 2
DEFIlhTFIONS
2.1 General
For the purpose of this Bylaw, certain words or pla-ases 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 terae,
the word "person" includes a corporation as well as aa individual, the word "lot" includes the word
"plot" Or "parcel?, the word "shall" is always mandatory and the word "used" or "occupied" as applied
to any land Or buildings shall be con~iaued to include the words "intended, arranged or designed to be
used or oeeupied".
2.2 : Specific Words and Phrases
For the purpose of this Bylaw, the following words.and terms used
herein shall have the meanings .or limit _a6'_ons of meaning hereby
defined, e0rplained or assigned.
2.21 Accessory Use or structure
A use or su'ueture subordinate m the principal use of a building on the same lot and serving a purpose
customarily incidental to the use the principal building.
2.21.1 Adult Bookstore--An establishment having as a substamial or significant portion of its stock in
trade, books, magaziues, and other matter which are distinguished or characterized by their emphasis
depicting, descn"oing or relating to se0ma_! conduct or sexual excitement as defined in MGL Ck 272,
See. 3!. (1996/2.2)
2.21.2 ADULT CABARET-A nightclub, bar, restaurant, taVern, dance hall, or similar commercial
establ~qhment which regularly features persons or entertainers who appear in a state of nudity, or live
performances which are distingnfi.~hed or characterized by nudity, sextml conduct or sexual excitement
as defined in MGL Ch. 272, See. 31. (1996/22)
2.21.3 ADULT MoTIoN PICTURE Tl~ATER-An: enclosed building or any portion thereof
used for preseafing material (motion picture films, video ~es, cable television, slides or any other
such visj_aJ media) distin~uished by.an empb_~s on matter depicting, describing or relating to s~m~al
conduct or aero,al exciteraent as departed in MGL Ch. 272, Sec. 31. (1996/22)
2.21.4 ADULT PARAPI~RNAIJA STORE-~ establishment having as a substantial or
significant portion of its stock devices, objects, tools, or toyswhich are distinguished or characterized
by their association with sexual activity, including sexual conduct or sexual excitement as defined in
MGL Ck 272, Sec. 31. (t996/22)
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2.21.5 ADULT VIDEO STORE-An establishment having as a substantial or si~ificant portion of
its stock in uade--for sale or rent-motion picture films, video cassettes, and similar andio/visual media,
which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual
conduct or sexual excitement as defined in MGL Ch. 272, Sec. 31. (1996/22)
2.21.6 ADULT USE-Adult Bookstores, Adult Cabarets, Adult Motion Picture Theaters, Adult
Paraphernalia Stores, and Adult Video Stores as defined in this Bylaw. (1996/22)
2.22 Automobile Repair Shop (1989/32)
A building or part ofabuilding in which repairs are made to motor vehicles.
2.23 Automobile Service Station
A building or place of business where gasoline,' oil and greases, batteries, tires, and automobile
accessories are supplied and dispensed directly to the motor vehicle trade, at retail and where minor
repair service is rendered.
2.24 Body Shop
A building, or part thereof[ used for structural repairs and
refinishing of motor vehicles for remuneratior~
2.25 Board Of Appeals
The Board of Appeals of the Town ofNorth Andover as governed
by the General Laws of Massachuseas.
2.26 Building
A structure having a roof supported by colunms or walls for the shelter, support, or enclosure of
persons, animals, or property.
2.26.1 Building Coverage (1989/32)
The horizontal area measured within the outside of.the exterior walls of the ground floor for all
principal and accessory buildings on a lot.
2.27 Building lteight
15
The vertical distance measured from the lowest POint of the finished ~s',tde at any location of the
u ding to t gt st
point of the roof~ but shall not include chimneys, spires or
mecl~aaical equipment, ' or penthouses used for enclosures of
2.28 Building, Principal
A buildin8 in which is conducted the malq or principal use of thc lot on which said building is situated.
2.29 Cnr Wnsh
An area of land and/or a structure with mac~e or band operated facilities used principally for the
cleaaing Washing polishing or waxing of motor vehicles.
2.29,1 Congregate HOming
A non-institutional residential ~aared living environmetit which inte~aies shelter and services needed
by the functionally impaired or socially isolated elder (age 55 or older) who does not require the
constant supervision or imemive health care se~ices provided, in aa institution. The shared living
environment must include at least two of the following: a) shared accessible community space, b)
shared kitchens, c) shared dining facilities, or d) shared bathing facilities.
2.29.2 Day Care Center (1985/21).
Any facility operated on a regtflsr basis whether known as a day nursery, nursery sC, hoot, 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 fi'om their
parents or the dderly 60 years of ag~ or older. Day Care Center shall not include any part of a public
school system; any part of a private organized educational system, .nless 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 respons~ole for such children are attending religious services; a family day care home; aa
informal cooperative arraa~mieat among neighbors or relatives; or the occasio~ care of children with
or without compen_ .~tion thereof.
2.3 District
A district or a zone shall be any portion of the tenitory of the Town of North AndoTM within which
certain uniform regulations and requirements Or various combinations thereof shall be applied under the
provisions of this Bylaw.
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2.30.1 Driveway (1989/32)
A w~y located ona lot which provides vehicular access to the buildings on the lot. Each driveway shall
service no, more than one lot. Subject to the granting of a Special Permit fi.om the Planning Board, a
driveway may be shared 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 Dwelling
Any building or POrtion thereof designed or used as the residence or sleeping phce of one or more
persons, except a mobile home and as otherwise provided herein.
2.32 . Dwelling, Multi-Family
A building used or designed as a residence for three or more families living independently of each other
and doing their own cooking ~erein (same as "apa~nent").
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 Family
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 75% of the
wall's (or floors) surface. No unheated structure, no structure without foundation and no structure
which is entirdy or partially a garage shall be considered as meeting the 75% requiremem.
2,35 Dwelling Unit
One or more rooms, including cooking facilities, and sanitary facilities in a dwelling structure, designed
as a unit for Occupancy by not more than one family for living and sleeping purposes.
2.36 Erected
The word "erected" shall include the words "bLfilt", "conm-ucted", "reconstructed", "altered",
"enlarged", and "moved".
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2.37 F-n-rally
One or more persons occupying the same premises and living as a single housekeeping unit as
~ed l~om a group occupying a board!og house, lodging house, club, fraternity or hotel.
2~7.1' Family Suite (1987/22)
A separate dwelling unit located within a singte family dwelling subordinate in size to the principal unit
and sep~aed fiom it in a manner which maintains 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 fo_rally suite may only be occupied by
brothers, sisters, maternal parents and grandparents, in-laws .and or children of the residing owners of
the principal dwelling unit. In no case shall an apax/ment be smaller that the minimum required by
health and building codes.
2.38 Frontage
The congruous distance between lot sidelines measured along the street line.
2..38.1 .Floor Area, GroSS (1987/20)
Gross floor area shal~ be the floor area within the perimeter of the outside walls of the building without
deduction for hallways, stairs, do~et~, thickness ofwalls,'columm or other feazes.
2.38.2 Floor Area, Net (1987/21)
Net ~oor area shall be actual occupied area(s) not to include
hallways, stairs, closets, thickness ofwall$, coh!mn Or other
features which.are not occupied areas.
2.38.3 FlOor Area Ratio (1989/32)
The ratio of the floor ~rea to the lot area, a~ dete~-,~ined by dividing the gro~ floor area by the lot are~.
2.39 Guest House
A dwelling in which overnight accommodations are provided or Offered for transient guests for
compeo~tio~ The term "guest house" shall be deemed to include tourist home, but not h6tel, motel
or multi-family dwelling.
2.39.1 Hazardous Material(s) (1990/34)
Any Chc'mical or mixture of'such physical, chemical, or infectious characteristics as to pose a
significant, actual or potential, hn?zrd to water supplies, or other hazard to human health, if such
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substance or mixture were discharged to land in .waters of the Town, including but not limited to
organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and
~ and all substances defined as Toxic or Hazardous under IvtG. 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 made pursuant to subsection (d) or (e)).
2.40 Home Occupation (1989/32)
An accessory use conducted within a dwelling 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 by an artist or
instructor, but not occupation involved with motor vehicle repairs, beauty parlors, animal kennels, or
the conduct of retail business, or the manufacturing of goods, which impacts the residential nature of
the ndghborhood.
2,41 Hotel or Motel
A building intended and'designed primarily for transient or overnight occupancy divided into separate
units within the same building or buildings. (1996/19)
2.41.1 /ndependenfly Elderly 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 ddedy housing unit.
2.42 Loading 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 goods, merchandise or other materials.
2.43 Lot (1989/32)
An area of land in single or consolidated ownership which contains definite boundaries and
ascertainable by a recorded deed in the Essex County Registry of Deeds Office.
2.44 Lot, Corner
A lot abutting upon two (2) or more streets at thek intersection.
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~.46 Lot Line, Front
The tine separating the lot from a str',~~. '
7.47 Lot Liar, Rear
The lot line opposite ~1 most disUmt fi~m the front lot line.
~;~ Lot Line Side
A~y lot line other than a ~ront or rear lot line.
A lot line separ~___ting the lot from a street or alley (u~mlly the from lot line).
2_~0 Mean nigh Water M~rk '
(Lake C~hichewick) an elevation of 113.67 on the United States Coast and Geodetic Survey
2.51 Medical Center
A building or group ofbuilaln~.~ designed for the individual or group practice of medicine or
but not including hospitals or nursing homes.
:Z.5:)- No Cut Zone (1959/32)
An area which is lef~ in its natural condiO'on, which ~ not be disturbed by any means which includes
but not limited to the cutting oftrcc~ 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 ~aict in 'which
located.'
2.54 Office, Business
A primary use consisting of office activities of any type, 2O
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including business and financial office activities (including
banks and financial imtkations) and professional office activities.
2.55' Office, Professional
A primary use consisting of oftiee activities by a doctor, 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 ~e public and used for the
storage of motor vehicles.
2.59 Personal Service Establishment
An establishment providing personal~services to the public such as shoe repair, barbering, dry deaning
2.60 Place of Worship
A church, temple, synagogue, mosque or other s'wnilar place of worship, including parish house,
rectory, or convent.
i2.61 Planning Board
The Planning Board of the Town
iMassachusetts.
of North Andover as
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governed' by the General Laws of
2.61.1 Principal Structure (1989/32)
The structure on a lot of record which contains the prima~ use of the lot. A prindpal use .~hall .not be
contained within an accessory structure as defined in the Bylaw.
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2.62 Public Building or Use
A brai.' ding or us~ owned or operated by a local, county, state or federal govemma~ ageacy.
2.63 Rooming House
Any building or portion thereof eontai~n__g more than two and less than tea rooms without kitchen
fadlities that are used, rented or hired out to be occupied for sleeping purposes for ~mpeasation,
whether the compensation bo paid directly or indirectly.
2.64 Special Pea:mit
The words Special Permit where used in this Bylaw shall mean a permit granted under the guiddines of
Section 9 of Chapter 40-A of the General Law.
2.65 Special Permit Granting Authority
The Planning Board shall be .the granting author~y of all Special Permits to Cluster Development,
Planned Development District, (1985/15)'driveways, nursing and convalescem homes, Watershed
Protection Di~hict (1994/37); v}r~eless Service Facilities and large estate COndominium COnversions.
The Board of Sele~huen' Shall be the granting authority of all Special Permits pe~in__g tO
non-accessory signs as specified in Section 6.52 of this Bylaw. The Board of Appeals shall be the
granting authority of all other Spedal Permits allowed in this Zoning Bylaw.
2.66 ' Special Permit Unit
A use of a building or lot or an action upon premises which may be permitted under this Bylaw only
upon application to the appropriate Special Permit Granting Authority for a Special
Permit and subject to the approval of such Peaafit Gran~
Authority and the COnditions stipulated.
2.67 Street
A public way or a private way open to travd by the general public, or a way shown on a plan of a
subdivision theretofore duly approved by the Planning Board.
2.68 Structure
Means a COmbination of materials to form a COnstruction that is safe and stable, including, among
others, buildings, stadiums, tents, reviewing stands, platforms, staging, observation towers, radio
towers, water tanks, towers, private and public swimming pools, trestles, piers and wharves, sheds,
shdters, fences and walls, and display signs; the term structure shall be COnstrued as if followed by the
words "or part thereof'.
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2.69 Town House
An attached house in a row of three or more such houses capable of being sold as an independent
dwel~g with its own lot, as provided by this By/aw.
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 building or group 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 boding stands.
2.73 Yard, Rear (Setback)
An ripen space extending across the entire width of a lot between the rear of any building thereon and
the rear lot line of the lot on which such building stands.
' Z74 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 cover the entire extent between the front yard and the rear yard of such a
lot.
2.75 (1985/25) See 2.30.1
2.76 Planned 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 suft~denfly 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 Bylaw.
Usable Open Space - The part or parts of land or structure within the PDD which are reserved
for active or passive r6creation use. This space shall exclude parking areas, driveways, and
walkways and open areas in commercial areas such as cafes and shall be open and tmobstmcted
to the sky. Trees, plantings, arbors, fences, sculpture, fountains, swimming pools, open-air
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recreational facilities, !~ndry apparatus, and similar objects
'obstructions.
2.77' Public parking Area
A.parking area owned and maintained by the Town of North Andover.
SECTION 3 ZONING DISTRICrS AND BoUNDARIF_.~
shall
not he
com/dered
3.1 Establishment of Districts
The Town ofNorth Andover is hereby divided into zoning districts
designated as follows:
Residence 1 District
Residence 2 District
Residence 3 District :
Residence 4 Di~ria
~fllage Residential I~ialct
Residence 5 Di~hla
Residence 6 Di~hlct
Business l District
Business 2 DiStrict
Business 3 District
Business 4 District
V'fllage Commerdal District
· General Business District
Industrial 1 District
Industrial 2 District
Industrial 3 District
Iadushiai S District
Flood I4'a~ard District
Watershed Protection District
(R-2)
(R-.~)
(R-4)
(VI~)
tX-S)
(R-6)
($-4)
(vc)
(i-l)
(I-2)
(i-3)
(I-s)
;3.2 Zoning Map
The zoning districts established by this 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 herea~er be amended. Said map accompanies
and is hereby made a pat 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 da~ed 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 I!%S. pector 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)
I-fistoric Districts established pursuant to the provisions of M.G.L. Chapter 40C, as may be from time
to time amended, shall be indicated on the Zoning Map by appropriate symbol..
SECTION 4
BUILDINGS AND USES PERMITTED
4.1 District Use Regulations
4.1.1 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 of land,
buddings, or part thereof and uses accessory thereto are peaafitted. AH o/her 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 Town of 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 m 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 Spedal 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 fight 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 budding 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 manufactunng as is incidental to a permitted
use and where the product is customarily sold on the premises by the producer to the customer.
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4.12
4.121
No private or public (1985/20) way gbting access to a building or use or not pesmitted in a
residential district shall be laid out or constructed so aa to paa$ through a reside~6~! district.
Permitted Uses
Residence 1 District
Residence 2 District
Residence 3 District
One family dwelling, but not to exceed one dwelling on any one lot.
Place of worship.
Rooming house, renting rooms for dwelling 'purposes or furnishing table board to not more
than four (4) p~'sons not memb~ of ~e family resident ia a dwelling so used, provided there
be no display or advertising on such. dwelling or its lot other than a name place or sign not to
exceed six (6) inches by twenty-four (24) iochea in size, and further provided that no dwelling
shall be erected or altered primarily for such use.
For use of a dwelling in any residential district or multi-family di~alct for a home occupation,
the following conditiOns shall apply:
Not more than a total of three O) peciple may be employed in the home occupation,
one of whom sbnl! be the owner of the home occupation and re.qiding in said dwelling;
b. The use is canied on strictly within the p~.dpal building;
There ~all be no exledor alterations, accessory 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
trait 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 ofgood~ or wares visible from the street;
The building or premi~ occupied shall not be rendered objectionable or detrimental to
the re~demial character of the neighborhood due to the exterior appearance, emission
of odor, gas, smoke, dust, noise, dimubance, or in any other way become
objectionable or d~ifimental to any residential usc within the neighborhood;
Any such building shall include no features of design not customary in buildings for
residential use.
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10.
11.
12.
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. Agriculture, horticulture, floraeulture, viticulture or'silvaculture. (1986/100).
On any lot of at least three O) 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 ~ze to five (5), 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. (1993/36)
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 tiding academies, stables, stud
farms, and poultry batteries.
The sale of products raised as a remit of the above uses on the subject lanck
(1986/100).
The sale of products of agriculture, horticulture, floraculture, viticulture or silvaculture
as well as accessory or customary items, by any person who is primarily engaged in any
of the above activities. The operation must be on at least ten (10) contiguous acres
used primarily for any of these activities. (1986/100).
Swimming pools in excess of two (2) feet deep shall be considered a smactnre and permitted
provided they are enclosed by a suitable wall or fence at least four (4).feet in height to be
determined by the Building Inspector to prevent the entrance of persons other than those
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 street than the building line of the dwelling, except by
Special Permit.
Museums.
a. Public and private non-profit.educational facilities. (1986/17)
b. Private for profit educational facilities by Spedal Permit. (!986/17)
Public building land 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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13.
14.
15.
16.
17.
18.
19.
4.122
1.
2.
3.
Nursing and convalescent home; see dimensional requirements of Table 2 (Special Permit
required).
Munidpal 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 neighborhoocL
Family Suite - a separate dwelling unit within or attached to a dwelling for a member of a
household is allowable by Special Permit provided:
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 In~npector for conformance to
this section of the Bylaw;,
c. The Special Permit shall be recorded at the North Essex Registry of De~h.
Accessory buildings no larger than sixty-four (64) square feet shall have a minimum five (5)
foot setback fi.om side and rear lot lines and shall be located no nearer the street than the
building line of the dwelling
Day Care Center by SPecial Permit. (1985/23)
Independent Elderly Hous~g by Special Permit in Residence Di~hlct 3 only.
Residence 4 District
One residential building per lot.
Place of Worship.
Renting rooms for dwdling purposes or furnishing table board to not more than four (4)
persons not members of the family resident in a dwdli~g so used, provided them be no display
or adverti~ng on sue, la 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 dwdling shall be erected
or altered primarily for such use.
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For the use of a dwelling in any residential district Or multi-family district for a home
occupation, the following conditions shall apply:
Not more than a total of three (3) people may be employed in the home ocoapati0n,
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;
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 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 o~ wares visible fi-om 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, disturbTM, or in any other way become
objectionable or detrimental to any residential use within the neighborhood;
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 ~tty-six (36) inches in size which
shall advertise only the rental, lease, .or dale of the premises upon which they are placed.
Fanning of field crops and row crops, track 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 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.
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d. The sale of products raised as a result of the above uses on the subject land.
Swimming pools in excess of two (2) feet do~p shsli be considered a ~l~ucture and permitted
provided they are c~dosed by a suit. hie wall or fence at least four (4) feet in height to be
det~mined by the Buildi~4g Inspector to pr~-geut the e~m'a~ce of pra~ona other than those
residing at th~ pool location. Pools shall have a minimum tea (10) foot setback from side and
rear lot lines and be located no nearer the street than the'building line of the dwelli~ except by
Special Permit.
Public and private non-profit educational facilities. (1986/17)
10.
b. Private for profit educational facilities by Special Permit. (1986/17)
Municipal building or use, and public service corporation use (Special Permit required).
(1986/18)
ll.
Golf court.
Swimming and/or tennis clubs shall be permitted with a Special Permit.
13.
14.
One or two-family dwellings, including the right to convert any existing dwo~lling to
accommodate not more than five (5) family units by Spedal Peamit ~om the Zoning Board of
Appeals al~er a public heating with due notice give~ provided:
No major exterior .~huctural changes shall be made which alter the character of' the
existing neighborhood. The fight to convert shall apply to any dwelling under the
ownership of one single person, parm(a~p 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 enclosed~ (1987/24)
'15. Mtmieipal recreational areas.
16. Guest or rooming houses.
17. Nursing and convalescent homes-- see dimensional requirements of Table 2 (Special Permit
required).
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19.
20.
21.
4.123
1.
2.
3.
4.
5.
Any aecessury use customarily ineidem to any of the above ~,z6tted uses, provided that such
accessory us shall be not injurious, noxious, or offensive to the neighborhood.
Accessory buildings no larger than sixty;four (64) square feet shall have a minimum, five (5)
foot setback fi.om side and rear lot lines and shall be located no nearer the street than the
building line of the dwelling.
Day Care Center by Special Permit. (1985/23)
Congregate Housing for Elders - Special Pea-mit
In the K4 zone the Planning Board may grant a Special Permit for congregate housh_g
consistent with Special Permit criteria and procedures set forth in Section 10.3 of this
Bylaw.
'b.
~e ~ 1~O~[~ FAR for mngregate housing shall be 0.30 in the R4 District
(seven (7)units).
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 establkshed in Section 7, Table 2 Summary of Dimensioml
Regulations shall apply to all structures used for congregate housing purposes.
Village Residential District (1987/11)
Single family residential structures.
Two family residential ~huctures.
Multi-family residential structures, not exceeding five (5) dwelling units per structure.
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 sued, 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 m any residential diahlct or multi-family dishict for a home
occupation, the following conditions shall apply:
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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.
. There shall be~ no exterior alte~atiOns, 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 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 ~ display of gOOds oi wares'visible from the street.
The building or premises ocoapied shall not be rendered objectionable or deuimental to
the residential character of the neiffbJaorhood 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 ndghborhood.
Any such building shall include no fe,___n_,re of. design not customary in building for
residemial use.
Real estate signs not to exceed twenty-four (24) inches by thirtyrsix (36) inches in size which
shall advertise only the rental, lease, or sale of the premises upon which they are placed.
bo
Faming of field crops and row crops, truck gard~s, orchards, plant nurseries, and
greenhouses.
On any lot of at least three 0 )acres, the keePi~ of a total of not mOre than three (3)
of any ki~xt or assortment' of maimai~ 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, birds or
pe~ of persons not 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 equ ~esuian riding academies, stables, smd
farms, d~iry farm~ ~ poultry batlgri~. .
The sale of products raised as a result of the above uSeS on the subject land.
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10.
11.
12.
13.
14.
15.
16.'
17.
18.
19.
20.
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 Inspector to prevent the entrance of persons other than those
residing at the pool local/om Pools shall have a minimum ten (10) foot setback from side and
rear lot lines and be located no nearer the street than the building ~line of the dwellin~ except by
Spedal Permit.
Museums.
Educational facilities.
Municipal boding and public service corporation use (Special Permit required).
Golf course.
Swimming and/or tenn,.' clubs shall be perm'tted with a Special Permit.
Cemetery.
One or two-family dwellings, including the fight to convert an existing dwelling to
accommodate not more than five (5) family units by Spedal Permit fi.om the Zoning Board of
Appeals after a public hearing with due notice given, provided:
No major exterior suucanal changes shall be made. The 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 second or any higher floor shall be enclosed.
Municipal recreational acres.
Guest or rooming houses.
Nursing and convalescent homes - see dimensional requirements of Table 2 (Spedal Permit
required).
Any accessory building no larger than sixty-four (64) square feet shall have a minimum five (5)
foot setback fi.om side and rear lot lines and shall be located no nearer the street than the
building line of the dwelling.
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21.
4.124
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2.
Day Care Center by Special Permit (1985/23)
Residence S District
One-family dwelling. '
Place of worship.
Renting rooms for dwel_ ling purposes or furnishing table board to not more than four (4)
persons not members oflhe family resident in a dwelling so used, provided there be no display
or advertising on such dwelling or its lot other than a nam~ plate or sign not to exccc~ 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 dwdling in any residual district or multi-family cli.sttict for a home
occupation, the following conditions shall apply:.
Not more tl~ a total of three O) pe°P[e may be employed in tho home occupation,
one of whom shall be the owner of the home occupation and res/ding in said dwelling;
bo
The use is carried On .q~ictly within the pfindpal building;
There shall be no exterior alterations, accesso~ buildings, or display which are not
oastoma~ with reS~'dential 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 dcuimental to any residential use within the neighborhood;
Any such building-~hali 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.
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10.
11.
12.
13.
14.
15.
Farming of field crops and row crops, truck gardens, orchards, plant nurseries and
greenhouses.
On any bt of at .least three O) acres, the keeping of a total of not more than three O)
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 ~.agimals, birds, or
pets of persons not resident on such lot.
any lot of at least five (5) acre~ the keeping of any number of animals or birds
regardiess of ownersNp and the operation of equestrian tiding academies, stables, smd
tirms, dairy farms, and poultry batteries.
d The sale of products raised as a result of the above uses on the subject lan&
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 Inspector to prevent the entrance of persons other than those
residing at the pool location. Pools shall have a minimum ten (10) foot setback flora side and
rear lot lines and be located no nearer the 'street than the building line of the dwelling, except by
Special Permit.
Public building or use and public service corporations (Special Permit required), but not
including public works garages.
a. Public and private non-profit educational facilities (1986/17)
b. Private for profit educational facilities by Special Permit. (1986/17)
Golf Course.
Swimming and/or tennis clubs shall be permitted with a Special Permit.
Cemetery.
Town houses.
Guest or rooming houses.
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¸16.
17.
18.
19.
201
21.
4.125
1.
2.
3.
4.
5.
Nursing or convalescent homes ~ see dimensional requirements of Table 2 (Special Permit
required).
Professional offices on the ground floor of multi-fmuily dwelling si~ actures. (Floor area utili~[
for offices shall reduce the total floor space ordinarily permitted for residential use on a
proportional b~._6n. Each one- thonsand (1000) square feet or part thereof of such floor space
shall reduce the permitted mmiber of dwelling units by one).
Hotd or motel (Special Permit required).
Parking indoor storage and other accessory uses associated with the above ~ provided that
such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
A~ry buildings no larger than sixty-lo, ur (64) square feet shall have a minimum five (5)
foot setback from sido and rear lot lines and. shall be located no nearer the street than the
building ~ of the dwelling.
Day Care C~ter by Special Permit (1985/23).
Residence 6 District (1989143)
Single family residential sauctures.
Two family residemial slnm'~es.
Multi family residential structures, not exceeding 7 dwelling units per suucture.
Place of worship.
R~ating 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 adveflising on
such dwelling or its lot other than a nam~ 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 residenti_'~nl disuict or multi-family district for a home
occupation, the following conditions sb~" apply:
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.
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b. 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 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 rendered objectionable or detrimental to
the residential character of the neighborhood due to the exterior appearance, emissions
ofodor, gas, smoke, dust, noise, djsturban~, or in any way'become objectionable or
detrimental to any residential use witlfni the neighborhooc[
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.
Fanning of field crops and row crops, track gardens, orchards, plant nurseries, and
greenhouses.
On any lot of at least three O) 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 bkds 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 tiding academies, stables, stud
farms, dairy farms, and poultry batteries
d. The sale of products raised as a result of the above uses On the subject land;
Swimming pools in excess of two (2) feet deep shall be considered a structure.and pemfitted
provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be
determined by the Building Inspector to prevent the entrance of persons other than those
residing atthe pools location. Pools shall have a minimum ora ten (10) foot set back from rear
37
10.
11.
12.
13.
14:
15.
16.
17.
18.
and side lot lines and be located no near~ the street than the building line of the drilling
except by Spe~ P~t.
Museums.
Educational fadlities.
Municipal building and public service corporation use (Special permit required).
Swimm~nS {md/or tennis clu{~ sb~l! be peflnitted with Spec~! Pen~it.
Cemetery.
One or two family dwellings, including the right to eonve~ an existing dwelling to
accommodate not mote than seven family units by Special Permit from the Zoning Board of
Appeals ~e~ a public hearing with due notice given, provided:
No major eXt~or structural changes sh~]l be re,de. The fight to convert shall apply to
any dwelling under the ownership of one single pexson, partnership, or ~rporation to
be eonvexted for use as dwelling of ~ot more than seven (7) family units, and meeting
all requirements of the Sine and Town Statues and BylaWs, including Health Codes,
Safety Codes, Building Codes, Zo~in8 Laws and Zoning Bylaws.
b. Stairways leading to the second or any higher floor shall be enclosed.
Munidpal recreation areas.
Guest or rooming houses.
19.
20.
Nursing and convalescent homes - see dimensional requirements of Table 2 (SPecial Pe, ufit
requ~a).
Any aec~sory building larger than sixty-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 dwdling.
21. Day Care Center by Spedal Permit.
The following uses shall to be allowed only be Special Pexafit, the permit granting authority shall be the
Planning Board~
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Retail stores, salerooras, funeral parlors, showrooms or places for any professional artistic or
mercantile activity, not involving automotive sales, manufacturing or service also retail bakeries.
or confectioneries by special Peanit.
Banks, officers and municipal, civic or public service buildings, such as post offices, telephone
exclm~es, town officers, school library, local passenger station by Special Permit.
Dining room or lunch room by Special Permit.
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 ndghborhood by Spedal
Permit.
Single family residential structures, which conform to the following dimensional criteria:
(1992/52)
Requirements
Dimensions
Lot area min. Sq. Ft.
Height Max~ (R.)
Street Fro~age ~ (ft.)
Front Set Back lVfin (ft.)
Side Set Back IVfm (ft.)
Rear Set Back Ivfm. (iL)
Floor area Ratio Max.
Lot Coverage Max
Dwelling Unit Density
Contiguous Buildable Area
5,000
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20
5
15
N/A
25%
6/acre(2)
5,000 Sq. rt.(lv~)
For each application filed for a Special Permit under this Sect/on, the applicant must have a contiguous
parcel of land, in single or consolidated ownership at the time of application, which is at least three (3)
acres in size.
Footnote: 1.
In instances where a lot t~onts on Route 114, for purposes of public safety, the
required lot frontage shall be 250 feet.
Only if all lots or structures are serviced with public sewer and/or a private
sewer system approved and accepted by the Tow~ For the purpose of this
Section, the term private sewer system shall mean a sewer system built by a
developer to the Town specifications and locations, and dedicated to the
Town~ In no instances shall the term private sewer system be construed to
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1.
2.
3.
4~
6.
7.
8.
9.
lO.
Il.
'limit accesaMflity to the sewer system beyond regulations consi~ent with the
public sewer system_
Business 1 District
ProfesSorial o~c~, b,~ks, r~l.e~te o~ces md instmm~ office.
Eating or drinking uses may be permitted only as a secondaz7 use 9dthin a permitted prima~y
U~.
Place of worship.
Non-profit school.
Public building or use and public service corporatiott
Residential uses including one and two family dwellings. Apartments shall be allowed where
such use is not more than fifty (50%) percent of the total floor space in the building.
a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries and
greenhouses.
b. On any lot of at least three (3) acres, the keeping of a total of not more than three (3)
of any kind or assortment of animals or birds in addition to the household pets of a
family living on such lot, and for each additional acre of lot size to five (5) acres, the
keeping of one additional animal or bird; but not the keeping of any animals, birds or
pets of pc[sons 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 tiding academies, stables, stud
d. The sale of pr°ducts raised as a result of the above uses on the subJect land-
Swimming avA/or t=mis dubs shall be pe,'a~itted with a Special Permit
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13.
4.127
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18_
Parking, indoor storage and other accessory uses customarily assodated with the above uses,
provided that such accessory use shall not be injurious, noxious or offensive to the
neighborhood.
Day Care ce'met by Spedal Permit (1985/23).
Business 2 District
Personal Service establishments.
Professional ot~ices, banks, real estate offices and insurance offices.
Business and other offices.
Public building or use .and public service
Art Gallery.
Swimming and/or tennis clubs shall be permitted with a Spedal 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 0imited to one in each 2,000 linear feet of street or highway as
measured along centerline).
Medical cemer, clinic or medical laboratory.
Funeral Parlor.
Multi-family dwelling and town houses (with Special Permit).
Public parking garages.
Taxi depot.
Printing and reproduction.
41
19.
20.
21.
2.
4.128
1.
2.
3. '
4.
$.
6.
7.
9.
10.
Farming of field crops and row crops, track gardem, orchards, plant nurseries, and
greenhouses.
On any lot of at least three (3) acres, the keeping of a total of not more than three 0)
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, but not the keeping of any mfimals, birds, or
p~ts of persons not resident on such lot.
c. On any lot of at Ioa~ five (5) acres, the keeping of any number of animals or birds
regardl~s of ownership and the operation of eque~hian riding academies, stables, stud
Residential use where such use is not more than fffiy percent (50°4) of the total floor space in
the .~imcture.
Parking, indoor storag~ and other ac, c~so~ uses associated with the above uses, provided that
such accessory use shall not be noxious, injurious, or offensive to the neighborhood.
Day Care Center by Special permit (1985/23).
Business 3 District
Personal service establishments.
Professional offices, banks, real estate offices and insurance companies.
Business and other offices.
Public building or use and public service corporation~
Art Gallery.
Swimming and/or tennis clubs shall be I~mitted with a Special Permit.
Place of worship.
Eating and drinking establishments.
Non-profit school or private school for profit or museum
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11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
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 the centerline).
Medical center, clinic or medical laboratory.
Funeral parlor.
Public parking garage.
Taxi Depot.
Printing and reproduction_
Research and development facilities.
New car saleS but not to include outdoor car sales lots accommodating more than ten (10)
used cars.
Farming of field crops and row crops, track gardens, orchards, plant nurseries, and
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 ii-ring 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.
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 eque~hian riding academies, stables, ~ad
: ~ farms, dairy ~ and.pOultry batteries.
d. The sale of produCts raised as a remlt of the above uses on the subject land.
21. Parking, indoor storage and other accessory uses associated with the above uses, provided that
such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
22.
Day care Center by Spedal Permit (1985/23).
I
4.129 . Business 4 District
Research and development [adlit~.
Business, profe~ionul and other offices~
~ry retail, personal service and _~.g and drinking use shall I~ pm,~ittedin an mount
not to mcce~ t~n l~e.~t (10%) of total gross floor area of
4. Place of worship.
5. Non-profit school or private school for profit or nmseum.
6. Public building or use and public service corporations.
7. Hotel or motel (limited to one in each 2,009. linear feet of street or highway as measured along
centerline).
8. MediCal center, clinic or medical labora _~ry.
9. Nursing and convalescent homes. See dimensional requirements of Table 2.
Art Gallery.
lt. Swimming and/or tennis elubs shall be permitted with a Special Permit
12. Printing and reproductiov_
13. a. Farming of field crops and row crops, Ixuck gardens, orchards, plant nurseries, and
gree~ houses.
b. On any lot of at least three (3) acres, the keeping of a total of not more than thrce (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; 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 nmnber of maimals or birds
regardless of ownership and the operation of eque~hian riding academies, stables, stud
d. The sale of products raised as a result of the above uses on the subject land.
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15.
4.130
1.
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.
Day Care Center by Special Pema. it (1985/23)
Village Commercial District (1987/12)
Retail stores and wholesale stores, salesrooms, funeral parlors, showrooms or place for any
professional, artistic or mercantile activity, not involving automOtive sales or manufacturing;
also retail bakeries or retail confectioneries.
Banks, offices and munidpal, dvic or public service buildings, such as post office, tdephone
exchanges, town offices, school, tibrary, museum, place of worship, local passenger station.
Hall club, theater, or other place of amusement of assembly.
Restaurant, dining roo.m or lunch room
Any acmsory use customarily inddent to any of the above permitted uses, provided that such
accessory use shall not be injurious, noxious, or offensive to the neighborhood.
Farming of fidd 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 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 animal__s, 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 (I 0) contiguous acres used
primarily for any of these activities.
Day Care Center by Special Permit (1985/23).
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4.131
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 eoff-ectioneries.
Banks, offices, and namicipal, civic,, or punic service buildings, such as post office, telephone
exchange, town offices, school, library, museum, place of worship, local passenger station.
Hall, dub, theater, or other place of ~ or assembly.
Automobile service and filling stations, automobile storage and ~ garages, including
automobile body repairs and painting, and automob~e sale agencies for new and used cars,
provided there be not displayed or stored 'outdoors on tach premises more than twenty-~
(25) automobiles or other vehicles.
Restaurant, dining roo.m or lun~ room
P,~idenfial us~ where such use is not more than ~ ~ (50%) ofthe tOtal floor space in
the structure.
Any accessory use customarily incident to any of the above poaii[tted uses, provided that SUch
accesso~] use sbal! not be injurious, noxious, or offensive to the neighborhood.
a. Farming of fidd cr~ps and row crops, track gardens, Orchards, plant nurseries, and
b. On any lot of at least three (3) acres, the keeping of a total of n°t more than three (3)
of anY kind or asso~unent of animals or birds in ~d~on to the household pets of a
family living on such lot, and for each additional acre of lot size to five (5) a~res, the
keying of one (1) additional animal or bird;but not the keeping of any animals, birds
or pets of persom not resident on such lot.
On any lot of at Ieast five (5) aer~, the keeping of any rmml~ of animals or birds
regardless of ownmhiP and the operation of equestrian riding academies, stud farms,
dairy farms and poultry batteries.
The sale of products raised as a result ofthe above uses on the subject land_
Day Care Center by Special Permit (1985/23).
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4.132
I.
2.
3.
5.
6.
7.
9.
10.
I1.
12.
Industrial I District
Research and development facilities.
Business, profeeaional and other offices.
Retail and food uses shall be permitted ~t' they are accessory to the 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
principal use each use may only have ten percent (10°,4) of gross floor area (GFA) devoted to
any accessory use. (Refer to Section 2.21, Definition of Accessory Use Stmclnre). (1987/25)
Place of worship.
Non-profit school or private school for profit.
Public building or use and public service coiporations.
Medical center, clinic, or 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, processing finishing, assembly,
packing, or treatmem of articles or merchandise provided such uses are conducted soldy 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.
Fanning of field crops and row crops, track 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 bkds 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 bkd; but not the keeping of any animals, birds,
or pets of persons not resident on such lot.
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13.
14~
15.
16.
4.133
1.
2.
Co
On any lot of at least five (5) actva, the keeping of any aumber~of animals or birds
regardless of ownership and the operation of equestrian tiding academies, stables, stud
d. The sale of products raised as a result of the above uses on the subject land.
Warehousing and wholesaling shall be' permitted only as a seco~4~ry us~.
Parking, indoor storage and other accesSOry uses amomfily aSsodated with th~ above uses,
provided that such accessory use shall not be injurious, noxious-or offensive to the
ndghborhoo(k
Day Care Center by Special Pt~afit (1985/23).
Industrial 2 District
~ch and development facilities.
Business, profee~ional and other offices.
Retail and food uses shall be permitted if th~ are accessory to the prindpal us~ and are
primar~y intended to service the principal use. No more than ten percent (10%) of the gross
floor area (G-FA) of the principal use may be devoted to accessory use. Where there is more
than one prindpal use each use may only have ten percent (10%) of gross floor area (GFA)
devoted to any ~ry use. (Refer to Section 2.21, Definition of Accessory Use Structure)
(1987125)
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 b~;'ard°us material generated by such facility shall be subject to a Special Pemfit,
Granting Authority to be the Planning Board. (1992/56)
Medical center, dinie, or medical laboratory.
gallery.
Swimming and/or tennis dubs shall be permitted with a Special Permit:
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10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Printing and reproductio~
Light manufacturing, including ma~nufactming fabrication, processing finishings, rely,
packing, or treatment of articles or merchandise provided such uses are conducted solely within
a building and furthex provided that such uses are not offeusive~ 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
Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and
On any lot of at least three (3) ages, the keeping of a total of not more than three (3)
of any kind or assomnent 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 resid~t 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, doi~ farms, and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
Warehousing and wholesaling.
Lumber or other building materials storage or sa/es, fi~el 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 wask
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.
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21.
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2.
3.
5.
6.
7.
4.135
1.
2.
3.
4.
5.
6.
7.
Parldng indoor storage and other accessory uses customarily associat~ with the above uses,
provided that such ~ry use shall not be injurious, noxious, or offensive to the
neighbor .
Day Care Cente~ by Special Permit (1985/23).
Hotels and motels limited to one in each 2,000 linear fee~ of street or highway as measured
along the center line.
Industrial $ District
Public garages and accessory buildings.
Public service corporations.
Public sanitary disposal site.
Public storage of equipment.
All uses permitted in the Inclu~ial I DistriCt.
Day Care Center by Special Pe~it (1985/23).
Industrial "S" DiStrict
Research and development facilities.
Business, professional and other offices.
Place of worship.
Non-profit school or private school for profit.
Public building or use and pUblic service corporation
Printing and reproduction.
Light manufa~g, including maaufaea~g fabrication, proc~ing finishing, assembly,
packing, or treatment ofarticJea or merchandise, other comm~eial non-retaa adivity, provided
such u~a are conducted solely within a building and further provided that such uses are not
offen~ive~ noxious, de, hlmental, or dangerous to surrounding areas or the town by reason of
dust, amok¢, fumes, odor, noise, vibration, fight or other adverse environmental effect.
Premises of a bank, post office, telephone exchange or telephone busings office, local bus
passenger station, or business office buildings. By Special Permit, an automobile service and
filli~g statioI1, a diner, a ~ a retail food store, but no other retail stores of any kind.
Warehousing and wholesaling.
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12.
13.
14.
Lumber or other building materials storage or sales, furl StOrage, or c°uuactor's yard, provided
all outdoor uses are enclosed by a fence offive (5) feet or more in height=
Any accessov] use cuStomarily incident to any of the abOve permitted uses, provided that such
use shall not be injurious, noxious, 'or offensive to the neighborhood.
Farming of fidd crops and row crops, track gar&m, orchard, plant nurseries, and
greenhouses.
On any lot of at least three O) acres, the keeping of a total of not more than three 0 )
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 or birds
or pets of persons not resident on such lot.
On any lot of at least five (5) acres, the keeping of any amber of animals or birds
regardless of ownership and the operation of equestrian riding academies, stables, smd
farms, dairy farms, and poultry batteries.
d. The sale of products raised as a result of the above uses on the mbject land.
Day Care Center by Special Permit (1985/23)
4.136 Watershed Protection District
purpose
fl.
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 Dkshict shall be in
addition, to, rather than in place of; the requirements of such other districts.
The Watershed Protection District surrounds Lake Cochichewick, the Town's sole
source ofpublic 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
welfare.
51
The Lake Cochichewick Watershed Plan (August 1987), prepared by I.E.P., Inc., for
the Town of North Andover, ia a comprehensive study of thc lake and its watershed.
The Watershed Protection District ia a portion of the LE.P. study's recommended
management plan. Copies of the LE.P. report are available in the Planning Board
The Special Permit Granting Authority (SPGA)' under this Bylaw shall be the Planning
Board.
Boundaries and Zones
The bour~4sfies of the Watershed Protection Di~hlct are shown on the Zoning Map as
set forth on a plan entitled "Subdrainage Areas", Lzke Cochichewick Watershed Plan
(August 1987), Attachment 1, dated August 1985, prepared by I.E_PJ Inc. for the
Town ofNorth Andover. This plan ia hereby made a part ofthis Bylaw and is on file in
the Office ofthe Town Clerk_
The Watershe~i Protection District shall be divided into four zones. The uses and
building requiremeaiis for each zone will vary according to its proximity to the Lake
and wetland resource areas. The Zones are as follows:
General: There shall exist a General Zone within the WaterShed Protection
Dishict which shall con~ of all land located beyond four hundred (400) feet
horizontally ~om 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.
Non-Discharge: There shall exist a Non-Discharge Buffer Zone within the
Watershed Protection. District which shall co~4~ of all land areas located
between two hundred fu-~y (250) feet and four hundred (400) feet horizontally
from the annual mean high water mark of Lake Cochicbewick and between one
hundred lifly (150) feet and four hundred (400) feet horizontally from the edge
of all wetland resource areas (aa defined in M.G.L. Chapter 131, Section 40,
and the Town Wetland Bylaw) located within the Watershed.
Non-Diatmbance: There shall odst a Non-Disturbance Buffer Zone within the
Watershed Protection Di~ict which ataall co~.d.qt of all land areas located
between one hundred fifty (150) feet and two hundred fifty (250) feet
horizontally fi'om the annual mean high water mark of Lake CochicbewicK and
between seventy five (75) feet and one hundred fffiy (150) feet horizontally
'from the edge ot 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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Conservation: 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 lVLG. L. Chapter 131, Section
40, and the Town Wetland Bylaw) located within the Watershed.
In the eveat that the SPGA determines, on the basis of credible evidence before it, that
there exists a significant doubt or dispute e°neeming the proper location of boundaries
of the Watershed Protection District on any 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 boundafies. 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 determlh~t~on of
such botmdaries. At such hearing such report shall be deemed evidence snfl~cient to
establish the location of the botmdary unless rebutted by credible evidence to the
When the Watershed Protection Di~hict boundmY divides a lot of record as of $une 28,
1978, in one ownership, that portion of the lot within the Watershed Protection District
must comply with this Bylaw. Where the premises are partially outside of the
Watershed Protection District, potential pollution sources such as on-site waste
disposal systems, shall be located outside of the District to the extent feasible.
The pmvisiom relating to the Conservation Zone shall not apply to any activities
undertaken by the Division of Public Works.
The provisions relating to the establishment of the Conservation Zone and the
enlargement of the Non-Disturbance Zone and the Non-Disturbance Zones shall only
apply.to lots recorded or registered after the date of the enactment of this :amendment
(October 24, 1994). (1994/1STM).
Table 1 - Lots createdafter October 24, 1994
Conservation NOn- Disturbance Non- Discharge
From Annual High
Water Mark of
Lake Cochichewick
out to
150' 250' 400'
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From ~lge of Ail
Wetland Resource
WatemhedDL-tiict
out to
75' 150' 400'
Table 2- Lots'created on or orior to October 24~ 1994
Non- Disturbsnce Non- Discharge
From Annual High
Water Mark of
Lake Cochichewick
out to
From Edge of All
Wetland Resource
Areas Within the
WaL~ershed District
out to
250' 325'
100' 325'
Uses and Building Requirements"
a. General Zone-
There shall exist a General Zone within the Watershed Protection District which shall consist of
ail land located beyond four hundred (400) feet horizontally from the annual mean high water
m~rk o£1_~ke Cochichewick and nil wetland resource areas (ns defined in M_G.L. Chapter 1:31,
Section 40, and the Town Wetland Bylaw) located within the W~tershed.
Allowed Uses: The following uses shall be allowed in the General Zone of the
Waterslied Protection District as itemized below:
0)
All permitted uses allowed in Section 4. i21 "Permitted Uses Residence
1, 2, and 3 Di.,hict" oftbe Zo~ng Bylaw.
(2)
All uses mated with munidpal water supply/treatment and Public
sewer provided by the Town of North Andover.
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The Division of Public Works may conduct routine maintenance of any
existing use of property, including the maintenance and hnprovements
of existing roadways and drainage systems.
(4) Maintenance of fire a~s lanes by the Fire Department.
(5)
All agricultural uses, providing th~ such uses exercise Best
Management Practices and be undertaken in such a manner as to
prevent erosion and siltation of adjacent water bodies and wetlands.
Uses Allowed by Spe~a! Permit: The following uses may be allowed in the
General Zone of the Watershed Protection Di~Uict by the granting of a Special
Permit issued pursuant to Section 4 of the Watershed Protection 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.
Prohibited Uses: The following uses are specifically prohibited within the
General Zone of the Watershed Protection Diuhict:
(1)
Any solid waste facility as defined by M_G.L. Chapter I11, Section
150A.
(2)
Municipal sewage treatment facility, not including sewer lines, pump
stations and other accessory sewer system equipment used to transport
sewage to a treatment fadlity located outside of the District
(3) Privately owned waste water treatment plants,
(4) Road salt or other deicing stockpiles.
(5)
Underground tanks or collection pits for storage of fuel or hazardous
materials including any tanks or collection pits partially below mean
ground devation but excluding any tanks located completely within a
building otherwise permitted under this Section~
(6) Dumping of snow from outside the District.
(7)
Motor vehicle salvage operations and junk yards.
55
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(lS)
(19)
(20)
(21)
(22)
(23)
Self-service laundlie~ unless connected to public sewer.
Airplanes, boat, or motor vchid¢ sen4ce and repair establishments
fmeluding auto body shops).
· Metal plating fruiting or poli.~hing.
Chemical and bacteriological hboratodes.
Hotels, or m°tels, unless connected to public sewer.
· Pn~in~ wood p~en4~, and furniture -~u'ipping establishnmtgsl
Photographic procuring establishments.
Storage of herbicides, pesfiddes or fertilizers, other than in amounts
normally assodated with household or existing agricultural use.
Con~erdal cabinet or'furniture making.
Commercial storage or sale of petroleum or other refined p~xoleurm
Commerdal nmmfacmre, storage, use, transportation or disposal of
any substan~ of such physical, .chemical or infectious characteristics as
tO pose a sj~ificant, actual or putelltial, hn?ard to water supplies, .or
other hazard to human health if such substance or mixture were
discharged onto land or waters of this Town, including but not limited
to organic chemicals, petroleum products, heavy metals, radioactive or
infectious waste, acids, and allmlis, and all substances defined as Toxic
or Hazardous under MG.L. Chapter 21C and Chapter 21E and the
regulations promulgated thereunder, and also including pesticides,
herbiddes, solvents and thinners.
Rest_a-rants unless connected to public sewer.
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(24) Commercial kitchens unless connected to public sewer.
Building Requiremera~: All 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.
b. Non-Discharge Buffer Zone
There shall exist a Non-Discharge Buffer Zone within the Watershed Protection Diuhlct which
shall con.qi~ 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 hundred4 fffi3t (150) feet and four hundred (400) feet horizontally fi.om 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 Uses: All of the Allowed Uses listed in Section 3(a)(i) of this
Watershed Protection District Bylaw are allowed in the Non-Discharge Buffer
Zone except as noted below:
Uses Allowed by Special Permit: The following activities may be allowed
within the Non-Discharge Buffer Zone only by the granting of a Special Permit
issued pursuant to Section 4 of this Watershed Protection District Bylaw:
(1)
Any Surface or mb-surface discharge, including but not limited to,
storm water runoff, drainage of any roadway that is maintained by the
Division of Public Works or any private association; outlets of all
drainage swales; outlets of all detention ponds. All storm water
management systems shall employ Best Management Practices.
Prohibited Uses: The following uses are spedtically prohibited within the Non-
Discharge Buffer Zone:
(1)
All of the Prohibited Uses liSted in Section 3(c)(iii) of this Watershed
Protection District Bylaw are prohibited in the Non-Discharge Zone.
(2)
The use, or method of application of;. any lawn care or garden product
(fertilizer, pesticide, herbicide) that may contn~oute to the degradation
of the public water supply.
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(3)
The use of lawn care or garde~ products that are not organic or slow-
release nitroger~
Building Requirements: All co~uuctioa in the Watershed Protection District
shall comply with best msa.gement practices for erosion, siltation, and
stocmwater control in ord= to preserve the purity of the ground water and the
lake; to-maintain the ground water table; and to msintain the titration and
purification fimctions of the land.
c. Non-Disturbance Buffer Zone
There shall eaist a Non-Disturbance Buffet Zone within the Watershed Protection District
which shall co-~t of all land areas located between one hundred fifty (150) feet and two
hundred fitiy (250) feet horizontally fi.om tl~ annual mean high water mark of lake
Coehichewick, and between seventy five (75) feet and one hundred fffiy 050) feet horizontally
from the edge of all wetland resource areas.(as defined in IV[ G.L. Chapter 131, Section 40, and
the Town Wetland Bylaw) located wi3_hi~ the Watershed.
Allowed Uses: All of the Allowed Uses listed in Section 3(a)(i) of this
Watea-shed Protootion Dislfict Bylaw are allowed in the Non-Distxa'bance Zone
e~cept as noted below.
Uses Allowed by Specifil Permit: Tim 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:
Any activities which cause a change in topography or ~ade.
(2) Vegetation removal or cutting, other than in connection with
agricultural uses or maintenance ora 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 shuctum.
(5)
Any surface or sub-surface discharge, including but not limited to,
stormwater runoff, drainage of any roadway that is maintained by the
Division of Public Works or .any private association; outlets of all
drainage swales; outlets of all detention ponds.
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ConduCtion of any accessory structure or an on of any existing
sU t~cture by less than twenty five (25) percent of the gross floor area of
the e~sting structure. (1994/lST~
Prohibited Uses: The following uses are specifically prohibited within the Non-
Disturbance Buffer Zone:
(1)
(2)
O)
All of the Prohibited Uses listed in Section 3(cXfii) of this Watershed
Protect/on 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.
(4)
The use, or method of application of; any lawn care or garden product
(fertili?er, pestidde, herbidde) that may contribute to the degradation
of the public water supply.
(5)
The use of lawn care or garden products that are not organic or slow-
release nitrogen.
Buildin~ Requ_ irementq: All construction in the Watershed Protection District
shall comply with best management practices for erosion, siltation, and
stormwater control in order to preserve the pmity of the ground water and the
lake; to maintain the ground water table; and to maintain the filtration and
purification fianctions of the land.
Conservation Zone
There shall exist a Conservation Zone within the Watershed Protection DiaXtict Which
shall:consist of all land areas located within one hundred fifty (150) feet horizontally
from the annual mean high water mark of Lake CocNchewick, aiad 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.
i. ', Allowed Uses: The following uses shall be allowed in the conServation Zone
of the Watershed Protection Dishlct except as noted below:
(1)
All uses associated with municipal water supply/treatment and public
sewer Provided by the Town of North Andover.
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(2)
The Division of Public Works may conduct routine maintenance of any
ex.ag uae of prope~, including the maint~ and improvements
of existing roadways anddrainag¢ systems.
Maintenance of fire-acc~_ _$ lanes by the Fire Department.
Uses Allowed by Special Permit: No Special Permits will be gl-anted in the
Conaervation Zone.
Prohibited Uses: The following uses are specifically prohibited within the
Consev~on Zone:
O)
All of the Prohibited Uses listed in Section 3(c)(Ki) of this Watershed
Protection ~ict Bylaw are proiu~ited in th~ Non-Disclu~ge Zone.
(2)
(3)
Any activities which cause a change in topography or grade;
Vegetation removal or cutting other than in connection with existing
agricoltural uses or maintenance of an existing landscape area;
(4)
Construction or placement of any new perwsnem structure~;
Any surface or subsurface drainage, including, but not limited to,
stonmvater runofl~
(6) Animal feedlots or the storage of manure;
(7) Conaauction of any septic system
(s)
O)
(10)
Construction of any ~ry structure or' expansion of an existing
structure by twenty-five (25) percent or more of the gross floor area. of
the existing u cture.
The use, or method of application ot~ any lawn care' or garden product
(fertili?~r, pesticide, hefoieide) that may eoreribute to the degradation
of the public water supply.
The use of lawn care or garden products that are not organic or slow-
rdease nitrogeo_
The above prota'oitions shall not apply to any activities undertaken by the Division of
Public Works within its authority Or to work completed in conjunction with the
construction of the municipal sewer system. (1994/1STIVD
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.~peciai Pefa~ilt Requirement,
Nme (9) copies of an application for a Special Pemfit under this Section shall be fried
· with the SPGA. Special Permits shall be granted if the SPGA determines that the
intent of the Bylaw, as well as its specific criteria, are met. In making such
determination the SPGA shall give consideration to simplicitY, reliability, and feasibilitY
of the control measures proposed and the degree of threat to water qualitY which
would result if the control measures failed.
Upon receipt of a SPedal Permit Application, the SPGA shall transmit one (1) copy of
each to the DMsion of Public Works, Fire Chief; Title 1II Committee, Division of
Planning and CommunitY Development, Consevqation Commission, the Board of
Health, and the Watershed Council for their written recommendations. Failure to
respond in writing within thirty 00) days shall indicate approval or no desire to
comment by said agency.
An apPlicatio~ for a Special Permit under this Section sholl include the following
information:
i. Application Form for a Special Permit fi~om the Planning Board.
Map on a scale of one (1) inch equals forty (40) feet prepared by a Registered
ProfessiOnal Engineer or Surveyor showing:
the annual mean high water mark of Lake Cochichewick (if annual
mean high water mark is within four hundred (400) feet of any
proposed acXivitY,
(2)
the edge of all wetland resource areas, as confirmed by the
Conservation Commission (if edge of wetland resource area is within
four hundred (400) feet of any proposed activity),
(3) the conservation zone,
(4) the non-disturbance zone,
(5) the non-diScharge zone,
(6) the edge of vegetation clearing (edge of work),
Written certification by a Registered Professional En~neer, or other scientist
educated in and possessing extemive experience in the science of hydrology
61
and hydrogeology, stafin~ that there will not be any significant degradation of
the q~ality or quantity otwater in or entering Lake Coch~ewidc
Proof that there is no reasonable alternate location outside the Non-
Disturbance and/or Non-Discharge Buffer Zones, whichever is applicable, for
any discharge;' structure, or a~ivity, associated with the proposed use to occur.
0994/ss)
vi.
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 titian thousand (15,000) gallons day capadty.
Evidence that all on-site operations including, but.not limited to, construction,
waste water disposal, fertilizer applications and septic systems will not create
concenWations of Nitrogen in groundwater, greater than tbe Federal limit at the
Projec~ons of downgcadieat concentrations of nitrogen, phosphorus and other
relevant chemicals at property boundaries and other locations deemed pe~inent
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 landscap~
architect, registered land surveyor, registered sanitarian, biologist, geologist or
hydrologist when in its judgement the complexity of the proposed work warrants the
relevant, specified
Special Permits under this Section sh~ll be granted only if the SPGA determines, after
the time of comment by 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 !txmtity of water in or entering Lake
Cochichewiclc
Any Special Permit issued under this Section for a new permanent structure (other than
an accessory stxucture or expansion that is less than twenty five (25%) of the gross
floor area of a structnre) or a septic system shall require that such structure or system
be comttucted outside the Non-Disturbance Buffer Zone.
Within the Non-Disttnbance Zone and NonrDischarge Buffer Z°ne, any runoff from
impentious surfaces shall, to the extent possible, be recharged on site and diverted
toward areas covered with vegetation for stnface infiltration. Where on site recharge is
not feasible due to soil or other natural conditions, other mitigating measures such as
sedimentation ponds, filter berms, or restoring wetlands, shall be used only where other
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methods are not feasible and at, er 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 hsvardous 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 furl delivery
points; secured storage areas for toxic or ba-~rdous materials, and indoor storage
provisions for corrodil>le or dissolved materials. For operations which allow the
evaporation of toxic' materials into the interior of any structure a dosed vapor system
shall be provided for each structure to prevent discharge or contaminated condensate
into the groundwater.
For any toxic or haT,_rdous 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 axe in conformance with MG. L. Chapter
21C.
5. Emergencies
1) The Planning Board may issue an emergency special permit, subject to the subsequent
consideration and determination by the Planning Board and upon the following findings:
a) the work proposed is deemed necessary for the protection of the quantity of quality of
the water in or entering Lake Cochichewick, and
b) the proposed work must be undertaken before the regular special permit application
processed could be completed.
2) A request for an emergency special permit shall be made in writing to the Planning Board and
shall include the following:
a) a statement as to why the emergency work is necessary to protect the quality and/or '
quantity of water in and/or entering Lake Cochichewick, and,
b) a statement as to why the emergency work must be undertaken before the completion
of the regular special permit application process, and
c) a statement describing in detail the proposed work to remedy the emergency situation.
3). All information required by Section 4/136(4) Special Permit Requirements must also be
submitted with the application; provided however, that [fall the required information or
documents are not available due to the emergency nature of the situation, the applicant may
request a waiver or delay regarding the submittal of the unavailableinfomlation or documents.
4) Authorized emergency work must be performed within 60 days of the issuance of the
emergency special permit. Any work which is not completed within this 60 day period
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'requires compliance with the regular special permit application procedures set forth in section
4:136.4 and renumbering Violations 4.136(6) and Severability 4.I36(7).
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V'mhfions
Wfitien Notice of any violation of ~ Bylaw sh~ be providcd by the SI~SA agent to the
owner of ~e premises spe~i~ting the namm of the violation. The agent of the S?~A shall
request of the violator a schedule of cxanplian~ induding cleanup of spilled materials, Such
schedule shall allow for the immediate corrective action to tsice place. This compliance
' schedule must be reasonable in relation to the public health hazard involved and the difficulty of
compliance. In no event shall more than thirty (30) days be allowed for either compliance or
6n~ii~fion of a plan for longer term of compliance. Said schedule of compliance shall be
submittedto the SPGA for approval subsequent to the violatiop_ Said agent of the SPGA shall
notify the Building Inspector of any violations of the Schedule of compliance or of any failure
to sati.~ the requirements of this paragrap .k
7. Severability
'Il
In any portion, sentence, clot~ 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)
4.137Flood Plain Disuia (1993/39)
4,137 Flood Plain District
The Flood Plain District is herein established as an overlay di.~hk:t. The underlying permitted uses are
allowed provided that they meet the Massaclmse~ State Building Code, Section 2102, "Flood
Resistam 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, AO, and A99 on the
North Andover Flood Insurance Rate Maps (FIRM), and the Flood Boundary and Floodway Maps,
dated June 2, 1993 on file with the Town Clerk, Planning Board, Comeneation Commission, and
Building In.~pector. These m~p% as well as the accompanying North Andover Flood Insurance Study,
Purpose: The purposes of the Flood plain Dishict are:
a. Ensure public safety through reducing the threats to life and personal injury.
b. Eliminate new ba~rds to emergency response officials;
c. Prevent the occurrence of public emergencies resulting from water qt,ality,
contam~a6_on, and pollution due to flooding;
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Avoid the loss of utility services which if damaged by flooding would disrupt or shut
down the u 'tflity network and impact regions of the conmamity beyond the site of
flooding;
Eliminate costs mated with the response and cleanup of flooding conditiom; .
Reduce damage to public and private propeay resulting from flooding waters.
Base Flood Elevation and Hoodway Data
Hoodway Data. In Zone A, AH, AO, A99, and AE, along watercourses that have not
had a regulatory floodwaY des'~tgnated, the best available Federal, State, local or other
floodway data as determined by the Building Inspector, in consulta_6on with the
DMsion 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. Bae flood elevation al.ara is required for subdivision
proposals or other developments greater than 50 lots or 5 acres, whichever is the
lesser, within unnumbered A ZOnes.
Areas desi~ated as flood plain on the North Andover Flood Insurance Rate Maps may
be determined to be outside the flood plain district by the Building Inspector, in
consultation with the Division of Public Works, if an acanate topographic and
property line survey of the area conducted by a registered professional engineer or land
surveyor shows that the flood plain contour elevation does not occur in any area of
proposed buildings, structures, improvements, excavation, filling; paving or other
work activity. 'The person requesting the determinalJon shall provide any other
information deemed necessmy by the Building Inspector of the Division of Public
Works to make that determination~ If the Building Inspector, in consultation with the
DMsion of Public Works, determines that the Flood Insurance Rate Maps are in error,
the subject area shall not be regulated as occurring within the Flood Plain District, and
any such determination shall be noted on the Flood Insurance Rate Maps. Nothing in
this section shall prohibit the Conservation Commission, Board of Health, or other
Town officials or Board from making non-zoning determinations of the flood plain or
performing their official duties.
Notification of Watercourse Alteration: If a landowner or project proponent proposes to
alter or relocate any watercourSe, that person shall notify the following parties and provide
evidence of such notification to every Town Board or offidal who has jurisdiction over such
alteration or relocation prior to or at the time of applying for any approval that is required to
perform tach alteration or relocation:
Adjacent Communities
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b. NFIP State Coordinator
Mas,sachuse~ Office of Water Resonn:es
I00 Cambridge Street
Boston, MA 02202
c. NFIP Program Speciali~ FEMA Region I, Rm. 462
I.W. McCormack Post Office & Court. house
Boston, MA 02109
Existing Regulations: All development in the District including saactural and aon-si~actural
activities whether pe~a-&tted by right or by special permit must be in compliance with the
following:
Section of the Mxc, sachuse~ State Building Code which addresses floodplain and
costal high ho-~rd areas (currently 780 CMR 2102.0, "Flood Resistant Comsh uction");
Wetlands Protection Regulations,. Department of Enviro~ Protection (DEP)
3 lo moo);
Inland W~!~,cls Restriction, DEP (currently 302 CMR 6.00);
Minimum Requirements for the Subsurface Disposal of Sanitap] Sewage, DEP
(currently 310 CMR 15, Title 5);
Any variances from the provisions and requirements of the above referenced state
regulations may only be granted in accord~ce with the required variance procedures
of these state'regulations.
Development Reg. l~tions: Notwithstanding the provisions of Section 3.B of this By-law,
within Zone A of the Flood Plain Di~hSct, where base flood elevation is not Provided. on the
FIRM, the applicant shall obtain any existing base flood devation data and it shall be reviewed
by the Building Inspector, in conjun~on with the Division of Public Works, for its reasonable
utilization toward meeting the elevation or flood-proofing requirements, as appropriate, of the
State Building Code. In the floodway, designated on the Flood Boundary and Floodway Map,
the following provisions shall apply:
All encroachments, including fill new constm~ion, substantial improvem~tts to
existing structures, and other development are prohibited unless certification by a
registered professional engineer is provided by the applicant deeaon~U~t~g that such
encroachments shall not result in any increase in flood levels during the occurrence of
the 100 year flood ami the Building Inspector, in conjunction with the Director of the
Division of Public Works, concurs with such certification
b. Any encroachment meeting the above standard shall comply with the floodplain
requirements of the State Building Code.
All preliminary and definitive mbdivision plans filed in accordance with G.L. Chapter 41,
Section 81S and 81T, respectivdy shall be designed so that:
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such proposals minimize flood damage;
all public utilities and facilities are located and consht~cted to minimize or eliminate
flood damage; and
adeqna_~e drainage is provided to reduce exposure to flood baT~rds.
7. Permitted Uses
4.2
I.
The following uses on low flood damage potential and causing no ob~a uefions to flood flows
m'e encouraged provided they are permitted in the underlying district and they do not require
structures, fill. or storage of materials or equipment:
Agricultural uses such as farming, grazing truck fannin~ horticulture, etc.
Forestry and nursery uses.
Outdoor recreational uses, including fishing, beating, play areas, etc.
Conservation of water, plants, wildlife.
W'fl,411fe management areas, foot bicycle and/or horse paths.
Temporary non-re~'de~ifial structures used in connection with fishing, growing,
harvesting storage, or sale of crops raised on the premises.
Buildings lawfully existing prior to the adoption ofthe~ provisions.
Phased Development Bylaw
Build/rig permits for the construction of single tinnily or two family dwellings in a subdivision or on
contiguous Form A lots held in common or rdated ownership on the effective date of the provision
shall not be granted at a rate greater than as permitted by the following:
a) For lots covered by both Section 8.7 of the Zoning Bylaw and this Section 4.2, the
eligibility for building permits shall be determined only by the provisions of Section 8.7.
b) For lots not covered by Section 8.7, building permits may be granted per the schedule
shown below. A year will nm from the anniversary date as defined in paragraph 5 bdow,
to the same date inn subsequent years.
No. of Ix)ts
Iffm. Yrs of
DevelOpment
Max. LotS
Developed/Yr
145
7-20
21-34
35-50
51-75
76-125
1
2
3
4
5
6
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All
· 50% of total
33% of total
25% of total
20% of total
16.7% of total
126+
2.
7 14.3& of total
Lots can be sold any time for the construction of dwellings in the designated fi~mre years.
However, any lots covered by this provision hereafter sold or otherwise transferred to another
owner, skall include in the. deed, the earliest date of which coo~auetion may be commenced in
accordance with these provisions.
ff there is a proposed subdivision with any lots that are within 500 feet of lots in another
subdivision hdd by common or related ownership, then both subdivisions shall be con.~i~aed to
be a single subdivision for the purposes of this Bylaw.
Lot lines for Form A lots shall be defined when the Form A lots have been approved by the
Planning Board. Subsequent changes in ~ shape or ownership 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 on which all required approvals required for a building permit have
been obtained (e.g. planning Board endorsement of Definitive Plan, Board of Heslth approval,
Conservation ComnKssion approval, etc).
'Notwithstanding. any prior statements to the conUaty, the maximum number of building
permits to be issued and ont.~tanding 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
succeedl-g years shall be limited to less than the permitted max~]m, if necessary, .to insure
that this cap is not exceedeck
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 sectior~ In particular, these
regulations should address the conditions and processes for authorizing building permits on an
The invalidity of one or more provision or clauses of this section shall not invalidate or impair
the scctinn as a whole or any other part thereof. (1986/13)
SECTION 5
5.1
1.
EARTH MATERIALS REMOVAL
General
Excavation, removal, shipping, or mining of any earth material except as hereinafter pem-dtted
on any parcel of land, public or private, in North Andover, is prohibited.
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5;2
1.
Exclusive jurisdiction to issue Earth Removal Permits shall be with the Board except for
Permits allowed in Paragraph 5.6 and 5.6.
The Board or Building Inspector shall have the authority to issue an Operating Hours
Extension Permit, 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.
All earth removal operations in existence in North Andover on the effective date of this section
shall be subject to the requirements stated herein. However, all Earth Removal Permits issued
prior to the effective date of this Section shall remain in effect until their expiration date and/or
annual review. At such time, said operation Shall be subject to the provisions of this Section,
unless otherwise allowed by the Board, for a period not to exceed six (6) months.
An annual fee of one'hundred dollars ($100.00) shall be required for Earth Removal Permits.
Miscellaneous Earth .Removal Pemfits ~ require an annual fee of twenty-five dollars
($'25.00).
Violation of this-Section of the Zoning Bylaw, notwithstanding the provisions of Section 10.13,
imposes a penalty of fffff dollars ($50.00) for the first offense, one hundred dollars ($100.00)
for'the second and each subsequent offense. Each day of operation in violation of this section
will be considered a separate offense.
Any sanitary landfill operated by the Town of North Andover shall be exempt from the
provisions of this Sectior~
Definitions
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.
Earth Materials: "earth materials" shall include soil, loam, sand, gravel, clay, peat rock, or
other allied products.
Earth Removal Operations: the excavation, removal, strippin~ 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 of the time of operation for tracking from the site until 9:00 p.m.
Board: Zoning Board of Appeals.
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5.3
1.
5.4
Permit: The word "Pemfit" in the Earth Removal Section shall mean and include a Spec/al
Pemfit for earth removal as issued by the Spedal Permit Granting Authority.
Application for Earth Removal Permit
All applicants for Earth Removal Permits mint sab~ seven (7) c°Pies of the following
information concerning the proposed site of the removal operation to the Board ~ 00)
days prior to submission of an application for an Earth Removal Permit. The Board
distribute the information to the Planning Board, Building Inspector, Conser~on
Commission, Board of Health, Highway Department, and Police Department, so that
recommendations from these dapamnenls may be submitted for the required public hearing.
A plan or plans to scale, (1"=40' prepared and stamped by a Registered Fa~neer, showing the
property line of the parcel of land tm. der consideration along with all abutters to the property
existing and final contours in five foot (5~ .elevation in increments, existing md proposed final
drainage of the site, in,duding all culve~ streama, ponds, swamps, 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, audit, or report showing the proposed ultimate use of the land conforming with the
· existing Zoning Bylaw. Proper planning for future land use shall be a prime consideration'
affecting the issuance of an Ear& Removal Permit.
A complete list of the names and addresses of current abutters of the property where such
removal is proposed.
An operating schedule showing the a~ee area (not to exceed five'(5) acres) where the earth
removal will begin and also how the total parcel will be developed in progressive five (5) acre
Permits for Earth Removal
The Board may issue Earth Removal Permits for any zoning district, complete with conditions
imposed, for areas not to exceed fon'y (40) acres. All Permits shall conform to the minimum
restoration and operating standards contained herein'and such othex conditions as the Board
may deem necessary. Said permit shall, allow th~ working of only five (5) acres at any' one time.
Upon completion of the earth removal operation on alive (5) acre parcel, or a pan 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
renewal. Such Pemdt renewal shall allow the removal of earth on another five (5) acre section,
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as shown by the operating schedule submitted with the Permit application. This procedure shall
be followed until the operation is completed.
The permit shall be considered a non-transferable revocable Permit to remove earth materials.
ff it is found that incorrect information was submitted in the application, or that conditions of
the Permit are being violated, or that the governing regulations are not being followed, the
Permit shall be suspended until all provisions have been met and the premises made to
conform Failure of the Permit holder to comply within the time spedfied by the Board for
correction of violations shall cause the Permit to be revoked, forfeiture of the security to the
Town, and the imposition ofall fines as set forth in Paragraph 5.1(2).
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.
An Earth Removal Permit shall not be in effect tmtil the applicant has filed the proper security
as required in Paragraph 5.9, paid the required fees as required by Paragraph 5.1(6), and
recorded the Spedal Permit at the Registry of Deeds.
Mechanical crushing and screening may be permitted by the Board after a public hearing with
due notice given.
Earth Removal Incidental to Development, Construction 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.
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.
Where excavation, removal, stripping, or mining of earth on any parcel of land, public or
private, is made necessary by order of any other Board or Agency of the Town, such
excavation, removal, stripping or mining, if in excess of one-thousand (1,000) cubic yards shall
be govemed by the provisions of Section 5.6 of this Bylaw.
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5.7
I.
Excavation, removal, stripping or mining of earth incidental to improvements sb~!! be
governed by the provisions of Section 5.6 of this Bylaw.
All earth removal, excavation, sUlpping or wining as allowed under this paragraph shall be
governed by the provisions of Section 5.6 of this Bylaw.
Miscellaneous Removal of F_~rth
Excavation~ removal, stripping, or minin4 of misc, d~eo~ amounts of earth as allowed under
Section 5.5 is perrzfitted provided the excavation, removaL, stripping, or mining is necessa~ for
the improvements of development of the property on which the excavation or removal takes
place.
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Excavation, removal, .~i~ipping or mining of aggregate quantities of less than fifb] (50) cubic
yards on any one general site requires no fom~ approval Where the excavation, removal,
saippha& or mining of soil is on quantities in excess of filly (50) cubic yards but less than
one-thousand (1,000) .cubic yards, application most be made to the Building Inspector for a
lVfiscellaneous 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 th,, five-thousand (5,000) cubic yards, a Permit may be granted by the Board for such
removal without a public hearing. However, where the excavation, removal, stripping or
mining exceeds five-thousand (5,000) cubic yards, then a public hearing will be necessary and
the Pemfit granted shall indicate the approximate ~antity of sod to be removed, the purpose of
removal, and the location of the site of removal. The Pea-afit shall also specify that upon
completion of excavation, exposed subsoil shall be graded and covered with loam to a
roinlmum depth of six (6) inches and that the removal is to be controlled by the appropriate
section of Paragraph 5.7 (Operating Standards). it is further provided that except where
removal under thi~ Paragraph is done in connection with the formation or enla~ement of a
pond, excavation shall not be permitted below the mean grade of the ~treet or road serving the
prope~3t. 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 swale. Excavations
for btu3,ing large rocks and stumps shall immediately be back filled for ~ reasons. Failure
to meet the requirements of this Paragraph shall be deemed a violation of this Zoning Bylaw.
Time of Operation
Excavation and site maintm~ may be carried on from 6:30 a.m. until 7:30 p.m,
Monday through Saturday.
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Trucking fi.om 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~ and approximate cubic yards to be hauled.
Site Preparation
Only the active area described in the Permit application may be made ready for eaah
removal.
No standing trees are to be bulldozed over, or slashed and bulldozed into piles. Ail
trees must be cut dowr~ All wood and brush must be piled for removal or chipping.
Wood chips may remain on the site. no trees are to be buried on the site.
c. Stumps shall b~ buried in predesignated areas as shown on application plans.
d. Any change in stump burial must be mbmitted to the Board of approval.
Topsoil Storage
a. All topsoil removed from the active removal area shall be piled for fi~ture site
restoration.
b. No topsoil shall be removed fi.om the site until all areas have been restored and
permission has been granted by the Board.
Erosion Control
a. Prior to any excavation or e~da removal, adequate siltation basins shall be constructed
to prevent the mn-off of silted water from the site.
b. All excavation shall be done so as to create contours to channel'm-off waters into the
siltation basins.
c. No siltation basin sb~ll exceed seven (7) feet in depth.
5~
Siltation ba~ns must be cleaned when sediment deposits are within eighteen (18) inches
of tl~ ou~il invext.
No earth removal operation shall create exceS.4v~ amounts of dust or allow roads
leading into or from a site to become excessively dust producin~
Proper dust co,iu-ol methods shall be approved by the Building Insp~or~
Excavation Nea~ Brooks
No excavation shall be made which will alter the natural way of existing elevation of a
brook, stream, or rive~.
All banks of .brooks, streams, ~ rivers shall be reconstructed to be aesthetically
attractive and of s~mcient height to prevent abutting properties fi~m flooding.
Said bank height shall be computed, for a fifty (50) year stOCli~ 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 for all brooks, streams, and rivers which exceed this size.
Site Screening
An immediate program of site screening shall start when site preparation begins.
All entrances shall be screened with existing vegetation, evergreens, or other suitable
natural methods, so as to prevent a direct view into the earth removal area.
All areas within ~ (50) feet of a traveled way or abutting property lines shall be
reforested immediately upon completion of the earth removal operation of that are&
Said reforestation shall be done in accordance with the North Andover Tree
A minimum of one-lamdred-fu~y (150) trees pe acre shall be used for this reforestatiort
Areas which are to be used for agricultural purposes after earth removal operations are
completed may be reforested in the following manner.
Trees shall be plamed twenty-five (25) feet deep from the r0ad or pr°petty line.
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11.
The remaining area shall immediately be planted
with grass or other suitable
Access Roads
a All access roads shah be level ~ intersecting streets for a distance of sixty (60) feet.
b, A STOP sign shall be in~.alled so as to warn any vehicle entering onto a Town street
All ~ roads shall be equipped with a suitable locking gate to prevent unauthorized
erltry.
Site Maintenance
a. No open face excavation shall exceed twenty-five (25) feet in height.
b. No excavation, shall be closer than fifteen (15) feet to a property line.
c. No slope shall exceed a two (2) foot horizontal to a one ( 1 ) foot vertical (2:1 ) grade.
Temporary Buildings
All temporary structures shall be specified in the Special permit application and shown
on the Plan.
Any structure erected on the premises for use by personnd Or storage of equipment
shall be located at least forty (40) feet from any existing roadway and at least thirty
(30) feet from any lot line.
Any temporary structure will be removed no later than ninety (90) days after the
expiration date of the permit.
Mechanical Crashing and Screening
a. All crushing and screening Permits shall be granted for a period not to exceed six (6)
months.
b. Said Permits shall be granted as a cleanup procedure only.
c. Washing of processed material will not be allowed.
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d. Operation of crushing or screening equipmeff~ sla~ll be from 7:30 a.nx until 5:00 p.m.,
Monday through Friday.
e. All crushing and ser~ng equipment shall be equipped with suitable dust and nois~
control devices.
Restoration Standards
All restoration must be completed within sixt~ (60) days after tbe tesu~nation of an Earth
Removal Permit or by the first of June if the Permit terminates between December _fa'st through
March thirty-~.
No slope shall be left with a grade steeper than a two (2) foot horiZOntal to a one (1) foot
ve~ical (2:1).
All s'fltation basins s.l~ll be filled with 'earth, and a natural drainage -pattern must be
re-established. No area upon the site which ~ collect water shall remain unless approval is
granted by the Board or unless the area was shown on tbe original applieation plans.
All topsoil which was on the site prior to earth removal operations shall be replac~l to a
minimum depth of six (6). inches on all disturbed areas. Sites that had less than six (6) inches of
topsoil shall be restored with a ~nimum of four (4) inches owx the entire area_
Seeding - The entire area shall be seeded with grass or legume which contains at least sixty
percent (60°,4) perennials. The planted area shall be protected from erosion during the
establishment period using good conservation practices. Areas which washout are to be
repaired immediately.
Reforestation - All areas which are distnrbed in the earth removal operation sh, all be reforested
with fi_~ percent (50%) coniferous and fifty percem (5(P,4) decidous trees planted at the rate
ofone hundred fifty (150) trees per acre. All trees used are to be a minimum of two (2) year
transplants. Said planting shall be in accordance with the recommendations of the North
Andover Tree Department. Areas which are to be used for agriculture purposes after earth
removal operations are completed may be reforested in the following manner:
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Trees shall be planted twenty-five (25) feet deep fi'om a public road or property line.
The remaining area shall immediately be phanted with grass' or other suitable
agricultural planting material. Permits issued by the Building Inspector for soil removal
inddental to COnstruction or for special purposes are exempt from reforestation
paragraph.
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W~thin ninety (90) days of completion of operations, all equipment, accessory buildings,
structures, and unsightly evidence of operation shall be removed from the premi.~es.
5.9 Security Requirements
There must be fled with the Town Treasurer, a continuous bond or deposit of money in the
minimum amount of One-thousand dollars ($1,000) per acre to be excavated, and shall be of a
sufficient amount to cover ten (10) acres, or the total parcel, whichever is smaller, as
determined by and satisfactory to the Board.
A~er completion of the total project, and at the applicant's waiLLen request, the Board may
grant a partial release of any security posted by the applicant. One (1) year aaSer such a partial
release is granted and if in the opinion of the Board~ no damage or deterioration to the finished
project has devdoped, the Board will issue a final rdease of the security. ~ during the year
following the date of a partial release, sluraping gullying, erosion, or any other unsatisfactory
condition appears, the applicant shall be r~ponsible for, and shall make any necessary repairs,
before final release or ,security is granted.
The bonding agent shall be required to give the Board of Appeals, by Registered or Certified
.. mail, a sixty (60) day notice prior to any tes~fination or cancellation of the bond.
SECTION 6 SIGNS AND SIGN LIGHTING REGULATIONS
6.1 Authority and Interpretation
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.
6.2 Purposes
The regulation and restriction of signs within the Town of North Andover in order to
protect and enhance the visual environment of the Town for purposes of safety,
convenience, information, and welfare of its residents.
The restricting of signs and lights which overload the public's capacity to receive
information, which violate privacy, or which increase the probability of accidents by
distractha_g attention or obstructing vision.
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6.3
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To encourage signage and lighting which aid egmmunication' orientation, identify
activities, express local history and character, serve educational purposes for the public
good.
The reduction of visual and informational conflict among private signs and lighting and
between the private and public information systems.
Definitions
Accessory Sign - A sign that advertises activities, goods, products, or a specific use,
owner, or tenant, available within the building or on the property on which the sign is
located, or advertises the property as a whole or any part thereof for sale or rent.
Building Frontage - The length in feet of a ground floor level of a building front or side
facing a street (or facing a right-of-way accessible from a street) that is oCCUpied by an
individual business.
Dimensional Sign - ~ non-accessory sign containing no advertising and giving direction
to community (non-commercial) activities, buildings, areas, such as churches, schools,
playgrounds, muscures, historical sites, public buildings, etc. Sign not to exceed 12"x30".
Display Window Signs - Temporary signs on the surfaceof or inside display windows,
lighted only by the general building illumination.
Erect .- Shall mean and include to construct, place, retocate, enlarge, alter, attach,
suspend, and post.
Flagpole - A pole erected on a roof, or projecting from a building or structure or on the
ground.
Freestanding Sign - Shall mean and include any sign not attached to a building or the
ground.
Ground Sign - Any sign erected on the ground which is self-supported and anchored to
the ground.
muminated Sign - Illuminated sign shall mean any sign illuminated by electricity, or other
artificial light including reflective or phosphorescent light and shall include location of
source of illumination.
Marquee - Any sheltering structure of permanent construction projecting from and totally
supported by the wall and/or roof ora building.
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12.
13.
14.
15.
16.
17.
18.
19.
Non-Accessory Sign - Any sign that is not an accessory sigr~
Obscene - shall have the meaning as that term is defined in MasSaChusettS General Laws
Chapter 272, Section 1. Massachusetts General Laws, Chapter 272, Section defines
"obscene" as follows:
appeals to the prudent interest of the average person applying the
contemporary standards of the county where the offense was
committed;
2. depicts or describes sexual conduct in a potentially offensive way; and
3. lacks serious literary, artistic, or political or scientific value.
Permanent Sign - Any sign permitted to be erected and maintained for more than sixty
(60) days.
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.
Roof Sign - AnY sign erected, constructed, and maintained wholly upon, connected to, or
over the roof or parapet of any building with the entire rapport on the roof or roof
structure.
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.
Sign - A sign is any structure, mechanically or electrically driven, still or moving device,
light, letter, figure, word, model, banner, pennant, trade flag, or representation that is
designed to be seen from outside the lot on which it is erected. It 'advertises activities,
goods, places, persons, objects, institutions, organizations, associations, businesses or
events, products, services, or facilities available either on the property where the sign
appears or in some other location. The definition includes electric signs in windows or
doors, but does not include window displays or merchandise. A sign may be permanent or
temporary.
sign Size (Area) - The surface area of any sign is the entire area within a single
continuous perimeter enclosing the extreme limits of lettering, representation, emblems, or
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20.
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.
Wall Sig~ - Any sign affixed to, suspended fi.om or painted on a wail, window, marquee,
or parapet.
6.4 Administration and Enforcement
Enforcement, The Building Inspector is hereby designated as the Sign OffiCer and is
hereby charged with the enforcement of this Bylaw.
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The Sign Officer and his duly authorized agents shall, at reasonable times and upon
presentation of credentials, have the power to enter upon the premises on which
any sign is erected or maintained '.tn order to inspect said siga
The Sign Offi.cer is. further authorized, upon notice as here'm provided, to order the
repair or removal 'of any sign which in his judgment'is a prohibited non-accessory
sign, or is likely to become dangerous, unsafe, or in disrepair, or which is erected
or maintained contrary to this 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, te~a. nt, or other persons known to him having control of or a
substantial interest in said sign, directing the repair or removal of the sign within a
time not to exceed ~ (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.
All expenses incurred by the Sign Officer and his duly authorized agents in
repairing or removing,ny sign shall be assessable against any person who failed to
obey said notice and order and shall be recoverable in any court of competent
jurisdiction if not paid within thirty (30) days alter written notice of assessment is
given by the Sign Officer at any such person.
Permits:
a. No permanent sign shall be erected, enlarged, or structurally altered without a sign
Permit issued by the Building Impector. Permits shall only be issued for signs in
conformance with this Bylaw. Permit applications shall be accompanied by two
(2) prints of scale drawings of the sign, supporting structure and location.. A copy
of any relevant special permit shall also accompany the application. All ground or
roof signs shall be registered and identified as required by Section 1407.0 of the
State Building Code.
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6.5
1.
Notwithstanding anything to the contrary in this Bylaw, any permanent sign
authorized under this Bylaw may contain any otherwise lawfiJl, 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 prior to the adoption 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 (30) days of order
by the Building Inspector. No existing sign shall be enlarged, reworded, redesigned, or
altered in any way unless it conforms to the provisions comained 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 aa of the date of destruction shall not be
repaired, rebuilt, restored or altered unless in conformity of this Bylaw.
Street Banners or Signs - Street banners or signs advertising a public or charitable
entertainment or even, t, by Special Permit from the Board of Selectmen. Such a sign shall
be removed within seven (7) days after the event.
Prohibitions:
No sign shall be lighted, except by steady, stationary light, shielded and directed solely at
the sign. Internally lit signs are not allowed.
No illumination shall be permitted which casts glare omo .any residential premises or ont6
any portion ora 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 establishment open to the public
dufieg those hours.
No sign having red or green lights shall be erected within sight of a traffic signal unless
approved as non, hazardous by the Chief of Police.
No animated, revolving, flashing, or exterior 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.
Comer visibility shall not be obstructed.
No sign shall be erected, displayed, or maintained upon any rock, tree, fence, or utility
pole.
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11.
12.
13.
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6.6
A.
No sign shall be erected, displayed, or maintained if it contains any obscene matter.
Flags and imignia of any Government when displayed in connection with commercial
promotion.
No sign shall obstruct any means of egress from a building.
Projecting si~.~ are prohibited.
Non-accessory signs are prohibited except for directional signs as allowed in Section 6.6,
B.
No sig~s shall be attached'to motor vehicles, trailers or other movable objects' regularly or
recurrently located for fixed disPlay.'
Permitted Signs (Fe,e Required)
Residence District - Accessory Signs - The following signs are allowed in a residence
district as well as all other districts.
Primary wall and roof signs attached to or part of the architectural design of a building
shall not exceed, in total area, more than ten percent (10%) of the area of the dimensional
elevation of the building as deteamined by the building frontage multiplied by the floor to
ceiling height of the individual bus'mess or as specified in applicable sections of the by-law.
One (1) sign, either attached or ground indicating only the name of the owner or
occupant, street number and permitted uses or occupations engaged in thereon, not to
exceed two (2) square feet in area. Such sig~ may include identification of any accessory
professional office, home occupation, or other accessory uses permitted in a residence
district. Ground signs shall be set backa minimum often (10) feet from all property lines'
and a minimum of forty (40) feet fi.om all residential districts or structures.
One (1) sign oriented to each street .on which the premises has access, either attached or
ground, pertaining to an apartment development or a permitted non-residential principal
use of the premises, such sign not to exceed ten (10) square feet in area.
One (1) unlighted contractor's sign, not exceeding twenty-five (25) square feet in area,
maintained on the premises while construction is in process and containing information
relevant to the project. Such sign shall be removed promptly after completion of the
construction.
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One (1) unlighted identification sign at each public entrance to a subdivision not exceeding
twelve (12) square feet in area; to be removed when the subdivision roadway is accepted
by the Town.
GrOund signs shall be set back a minimum of ten (10) feet from all property lines and a
minimum of forty (40) feet fi-om all residential districts or structures.
Off-premises Signs: Only signs pertaining exclusively to the premises on which they are
located or to products, accommodations, services or activities on the premises shall be
allowed, except that an off-pre.raises directional sign, designating the route to an
establishment not on the street to which the sign is oriented, may be erected and
maintained within the public right-of-way at any intersection if authorized by the Board of
Selectmen or on private property if granted a special permit by the Board if Appeals.
Such sign shall be authorized only upon the autho6zing agency's determination that such
sign will promote the public interest, will not endanger the public safety and will be of
such size, location and design as will not be detrimental to the neighborhood. At locations
where directions to more than one (i) establishment are to be provided, all such
directional information shall be incorporated into a .single structure. All such directional
signs shall be unlighted, and each shall be not over four (4) square feet in area.
Temporary Signs: Temporary signs shall be allowed as-provided below, and provided
that they comply with the following:
Unless otherwise specified in the Bylaw, temporary signs must comply with all applicable
requirements for permanent signs, including issuance ora sign permit.
Temporary signs, of 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.
One (1) temporary unlighted real estate sign advertising the sale, rental or lease of the
premises or ~ubdivision on which it is erected to be not larger than six (6) square feet;
requires no sign' permit if 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.
One (1) temporary unlighted sign not larger than twenty-five (25) square feet indicating
the name and address of the parties involved in construction on the premises.
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 cominuing or regularly recurring business operation and shall be removed
promptly when the information they display is out of date. The sign(s) must be removed
within thirty (30) days of erection_
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· 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 allowed in ali zoning districts. Such signs permitted by this Bylaw:
(a) shall °nly be pea-u~-ted on private property;
(b) shall not exceed six (6) square feet in area per sign and shall not exceed in
aggregate twenty-four (24) squ~re feet in area per lot;
(c) shall not be higher than three 0 ) feet above ground level;
(d) shall be stationary and shall,not be illuminated;
shall be erected no sooner than thirty (30) days prior to the date of the election and
shall be removed within three (3) .days al~er the election.
Unless otherwise specified in this Bylaw, temporary signs pertaining to otber non-
conunercial 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.
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
(2) signs allowed on the premises.
Notwithstanding any other provisions of this Bylaw, signs may be erected for posting land;
example, no hunting, no trespassing, etc.
Residence Districts: Non-accessory Signs - Directional signs by Special Permit from
the Board of Selectmen, limited as foilow~:
Two (2) signs for each activity, not exceeding 6'x30' in size~
GrOund signs not exceeding eight (S) feet in height.
Business and Industrial Districts: AcceSsory
All signs pem-~itted in reSidence di.ntricts ~:provided in Section 6.6{A) and 6.6(tt), except
that temporat3t real estate signs may be as large as tweaty-five (25) square feet.
Each 'owner, lessee, or tenant shall be allowed a pfiraary and a secondary 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.
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Primary wall and roof.signs attached to or part of the architectural design of a building
shall not exceed, in total area, more than ten percent (10%) of the area ofthe dimensional
elevation of the building as determined by the building frontage multiplied by the floOr to
ceiling height of the individual business or as specified in applicable sections oftbe by-law.
One (1) permanent groUnd sign of not more than twenty-five (25) square feet in area and
extending not more than eight (8) feet above ground level. Larger or taller signs may be
allowed by Special Permit of the Board of Appeals, if said Board determines that the
particular sign will not be incongruous with the district in which it is to be located nor
injurious to traffic and safety conditions therein.
For premises having multiple occupants, a single sign, either attached or ground,
identifying those occupants. The total area of attached signs including this one, shall not
exceed ten percent (10%) of wall area, and the area of any freestanding sign allowed under
this paragraph shall not exceed twenty-five (25) square feet.
Temporary unlighted, signs inside windows, occuPying not more than twenty percent
(20%) of the area of the window requires no sign permit.
No sign shall project more than one (1) foot over any public fight-of-way shall be covered
by appropriate liability insurance as determined by the Building Inspector and verified by a
certificate of insurance filed with the Town Clerk.
Service stations or garages may divide the allowed wall sign area into separate, smaller
wall signs indicating separate operations or departments. A freestanding ground
identification sign of fifty (50) square feet with price sign incorporated is allowed.
For active fuel dispensing Service StatiOns, with multiple tenants, on the same lot:
One single fi-ce standing ground identification sign orS0 square feet is allowed, which isto
include within the 50 square feet, the identification of the multiple tenants on this same lot.
The Service Station identification / information shall be at least 60% (may be greater) of
the total free .standing ground signl Pricing information, if advertised, to also be.within the
allotted square footage for service stationsl The maximum height (including pylons) of
this free standing ground sign shall be 16 feet from grOund level.
8. Building directories (if located outside)~may be affixed to the exterior wall of a building at
each public entrance. Such dkectory shall not exceed an area determined on the basis of
one (1) square foot for each establishment occupying the building,
9. Traffic ContrOl orientation,al 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.
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ShoPping Centers
Signs are pea-mitred in residence districts, except'that temporary real estate signs may be as
large as ten (10) square feet.
Signs attached to a building or its canopy, parallel with the facade and not projection
above the roof-line, advertising the name of a firm or goods or services av_sil~ble on the
premises, provided that the total area of all signs erected on any wall by any occupant may
not exceed twenty percent (20%) of 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.
For any retailing complex comprising three (3) or more enterprises on a single lot and fifty
thousand (50,000) square feet floor 'area or more, one (1) ground sign for each' street on
which the development fronts, containi.ng 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 mom than ~ percent
of the area of the window requires no sign peamit.
Office Parks
Signs as. permitted in residence districts, except that temporary real estate signs may be as
large as ten (10) square feet.
One (1) sign for each street upon which the premises has frontoge, identifying a
subdivision of lOts for office' development. This sign shall be no greater than fight (8) feet
in height and no larger than twenty (20) square feet in area except where the.property
fronts on a high-speed, limited access highway, in which case a special exception may be
granted for a larger sign if required for legibility.
Signs for individual properties or tenants shall be limited to a single sign no larger, than
three (3) square feet per tenant. Individual tenants must have Letter of Permission from
property owner~ The Board of Appeals may grant a Special Peru,it for an exception for a
larger area where this will not impair legibility of other signs or be incongruous with the
surroundings, based upon consideration of the number of occupants and signs per
building, size of building and integration of sign and building design.
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Industrial Districts
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Signs as permitted in residence districts, except that temporary real estate signs may be as
large as twenty-five (25) square feet.
Signs attached flat against the wall or canopy of a building, or projecting not.more than six
(6) feet above such wall, advertising the name of the firm or goods or services available or
produced on the premises; provided that the total area of all such sighs 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.
One (1) ground 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 (100) square feet. Such sign shall not be located closer than forty (40) feet
to any property line or twenty (20) feet above ground level
Guidelines
The following are further means by whicl~ the objectives for signs can be served. These
guidelines are not mandatory, but degree of compliance with them shall be considered by
the Board of Selectmen, Planning Board, Zoning Board of,appeals in acting upon special
permits authorized by the Zoning Bylaws and by the Building Inspector in issuing a sign
pemfit authorized under this Section of the Zoning Bylaw.
Efficient Communication:
Signs should not display brand names, ~rnbols or slogans of nationally distributed
products except in cases where the majority of the floor or lot on the premises is devoted t
manufacture or sale or other processing of that specific product.
Premises chiefly identified by a product name (such as a gasoline or auto brand) should
devote some part of their permitted sign area to also displaying the identity of the local
outlet.
Signs should not contain selling slogans or other advertising which is not an integral part
of the name or other identification of the enterprise.
Sign content normally should not occupy more than forty, percent (40%) of the sign
background, whether a signboard or a building element.
Signs should be simple, neat and avoid distracting elements, so that contents can be
quickly and easily read.
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Environmental RelationShip : ~ I
Sign design should ~take into consideration the. sc~e of the street to which the sign is
oriented and the size, brightness, style, height, and colors of other signs in the vicinity.
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 ex',ess of twenty (20) footlamberts in unlighted outlying areas.
Building Relationship
Signs should be sized and located so as to not interrupt obscure or hide the continuity of
columns, cornices, roof e~ves, sill lines or other elements of buildin$ sha~ire 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
which the sign 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.
Landscaping, Buffering, Lighting
In Shopping Centers and Office Parks, landscaping shall be provided and mgintained in
accordance with planting approved by the Planning Board and incorporated as part of the
plans on which the Special Permit of the. Board of Appeals is based.
In ail industrial districts, landscaping shall be provided and maintained in fi:om yards :and in
side yards abutting public 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:
Abutting existing residential properties; and
Abutting limited access highways in addition to the landscaping in from and side
yards mentioned above.
Landscape screening shall consist of planting, including evergreens, the plantings to be of such
height depth as is needed to screen adequately from view from abutting area any tm,shielded light
source, either inside or outside.
(Section 6 amended May 6, 1996 Annual Town Meeting, Article 21)
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SECTION 7 DIMI~.NSIONAL REQUIREMENTS
7.1 Lot Area
IWmimum lot areas for such uses in each dish-ia Shall bc as set forth in Table 2, Summary of
Dimensional Requirements, which is hereby made part of this Bylaw.
7.1.1 Contiguous Builda~ble Area (CBA) .ffS~_0~. tO ~ . ~
As of April 28, 1986z~he area of any new lot created, exclusive o~'a~e~in a street'~r,~ecordekway
~y~ff~ gt.ezst seventy five (75) percent of the minimun~lot ~-ea required ~r zoning'~hall
--°e 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
and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North
Andover. The proposed ~hacture must be constructed on said designated contiguous land arm
7.1.2 Lot Width
For any lot created after May 1, 1995, tl~ minimum width of the lot shall be a distance of 6fie hundred-
(100) feet between the street frontage and the bont building line The width shall be measured in a line
parallel to the meet. This requirement shall apply in all zones except Residence 4 (K4y, for zone R4
the distance shall be eighty (80) feet.
7.1.3 Restrictions
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:
lot area
contiguous buildable area (CBA), or
street frontage
as reqtfired 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 ofthirty 00) feet or more for at least
eighty (80) percent of the minimum length of its frontage .as required by the Summary of
Dimensional Requirements (Table 2) of this bylaw. The lot depth shall be measured as a line
drawn perpendicular to the street.
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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 thereat~' fidfiil the lot area, street frontage and yard
space requirements of this Bylaw except as may be permitted otherwise by the provisions of a
variance granted by the Board of Appeals. ff land be subdivided, conveyed, devised or
otherwise transferred in violation hereot~ no building permit or Other permit shall be issued with
reference to any of the land so transferred or to the lot(s) retained until all of such land and lots
meet the requirements of this Zoning By~w. Any land taken by eminem 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 hereo£
7.2 Street Frontage
IV~imum street frontage shall be as set forth in Summary of Dimensional Requiremems (Table 2)and
the lot line meeting these requirements shall constitute the "street frontage" for the lot. Ia no case shall
a~sl street frontage at the str.eet line be less than seventy five (75) feet; except as allowed by Section
7.2.2. Comer lots shall be required'to have the required front_ale only on one street.
In detex-~-rfining.the fhlfillr~nt of the minimum area and minimum slxeet fi'~e of a lot required in any
zoning district, there shall not.be included any land within the limits ot"~upon which such lot.
abuts, even if the fe~ to such street is in the owner of the lot; except tliat if aye0rner lot at its street
comer is bounded in part by a segment of eunted line not more than seve~ac~/five (75) feet in length
connecting other lines bounding such lot which if extended would interse~ the area and frontage
required in such lot shall be computed as if such potentially intersecting lin~g were so extended; but if a
curved line more than seventy five (75) fi~ in length is the whole of any 9fie boundary line of a lot, the
minimum area and minimum fro~age required shall be determined en~fely within the lines bounding
such lot, including such curved line. / 0/~ ffl~l~,tlT~" ~ ~
7.2.1. Access across street frontage
Access to each lot, except for comer lots, must be provided across the street frontage. If access to a
lot is not across the street frontage as 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)
Exceptions to this requirement may be granted by the issuance of a Spedal Permit from the Planning
Board. A street frontage access Special permit may be granted for a lot in any residential di~Uict
provided that:
The specific site is an appropriate.location 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
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b) Spedal environmental conditions exit suck as wetlands and/or steep slopes such that access
across the street frol~tage would require wetland filling or extreme cutting and/or filling of
slopes or would be otherwise detrimental to the environment,
c) The access will not adversely affect the neighborhood;
d) There will be no nuisance or serious hazard to vehicles or ped~hians;
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 Spedal Pemit. 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
dishict provided that:
a) The area ofthe lot exceeds by three (3) times the minimum lot area required for that district;
b)
The lot has a minimum continuous street fro~oge 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 lot 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 adversdy affect the ndghborhood;
The creation of the frontage exception lot is in harmony with the general purpose and intent of
this Bylaw;,
g)
No such lot as described above on which a dwelling is' located, shall be hereafter reduced in
area below the minimum area required in Section 7. l (1985/16)
7.3 Yards (Setbacks)
.Minimum front, Side and rear setbacks shall be as set forth 'in Table 2, except for eaves and uncovered
steps. Buildings on comer lots shall hllve the requ~ front setback from both streets, except in
Residence 4 (R4) District, where the setback from the side street Shall be twenty (20) feet minimum.
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?.4 Building Heights
of height in feet in the designated zoning di~i~ shall not apply to:
Farm buildings on farms of not less than ten (10) acres.
Nor shall they apply t° chimneys, ventilators, skylights, tanks, laflk_heads, penthou~s,
processing towers, .and other acce,sory atructural feature~ usually ~ at a bright greater
th~ tl~ main roofil of any buildings.
Nor to dome~ ~ towers, or spires of churches or other buildings, provided all features are in
no way used for living purposes.
And furt~ provided that no such .~h~'tural feature of any non'mmmfacmfing building shall
~xceed a height of sixty five (65) fe~t l~om .the ground~
of the lot covered by principal and ~ aU:acmre~. ,
7.6 Floor Area Ratio
Maximum ttoor area ratio (FAR) shall be as set forth in Table 2. FAR is the ratio between the total
mount of building floor area on all usable floors and the area of the lot on which it is located.
7.7 Dwefi"g Unit Deusity
Maximum dwelling tmli density (dwelling units per acre) sb,II be as set forth in Table 2
7.8
1.
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 ff such lot be.
not adjo'med by other land of the same owner, available for combination, with or use in
connection with such lot, provided that the applicant for a building permit on any such lot ~tl
show by dtations from the Essex County Registry of Deeds incorporated in or attached to such
application that such lot was lawfully laid out and duly recorded by plan or deed prior to
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5. Nor ora manufactu~ building a height of dghty five (85) feet fi-om tim grounck
?.S Lot Coverage
Jaramxy 9, 1957 and provided that on such.a lot there shall be kept open' a~ 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 ~sll have a minimum street fi-ontage of 50
feet and a minimum lot area of 5,000 square feet.
In Residence 4 (R.4) Districts only, two or more vacant lots, mutually adjoining, may with a
Special Permit from the Board of Appeals be permitted to be combined into anew 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 duly
recorded by plan or deed prior to Ianua~y 9, 1957 and the Building Inspector shall permit the
construction of one sin~e family dwelling on each such 10,000 square foot lot.
As described in MG.L. Ch. :40A, no amendment to this Zoning Bylaw shall apply to land
shown 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.
As described in M.G~. Ch. 40A, no an~dme~ 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 MG.L. Ch 40A_
(Section 7 rewritten and reorganized May 1, 1995 Annual Town Meeting, Article 41 )
SECTION 8 SUPPI,le, M~',NTARY REGULATIONS
8.1 Off Street Parking
Whenever a building is erected, reconstructed, moved or expanded Or if a change in use occurs
so as to increase it floor area and/or design capacity, there shall be provided on the same lot
with such building or on a lot contiguous thereto (or within 100 feet thereo0 in the same
ownership as the parcel containing the primaxy use, a .~ffldeat number of open or covered
parking spaces to satisfy the requirements of the following schedule for the new building or
increased design capacity of floor area:
Where a use is not indicated prior'to cor~uction or issuance of building permit, the number of
parking spaces provided shall be the maximum required.
Minimum Spaces Required
One or two family residence
2 spaces per dwelling unit.
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Multi f~ resideace
All other places with
aecommod~fio~ including
(but not limited to)
rooming house~, hotels,
homes.
Auditoriums, theate~
athletic fid&, funeral
parlors, day care centers
and other places of assembly.
Restagan~ sit down
restaurants, drive through
Retail store and service
e~'nhliahme~lt$.
Warehousing Wholesaling Disui~ting
Manufa~ assembly,
fabrication, etc.
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2 spaces per dwdlingunit. 1 space per
dwening unk for a unit designed ~
occupied ~ the eiderl~ as deined
under government assisted programs.
0:75 per d~ing unit
(29/87)
1 space per-sleeping room for single or
double occupancy, t per 2 for
rooms exceeding double beds for
rooms exceeding double occupancy.
1 space per 4 persons
based on the design
eapadty of the tacitly.
1 per 2 seats or 15per 1000 GFA.
(Whichever is or fast food
greater appli~).
6 per 1000 square feet
GFA except 5 per 1000 $c~_,are feet
GFA in Business 1 and2 General Bus.
I space per 300 square feet of GFA.
3. Spaces per 1000 square feet GFA plus
one space per employee.
I space per 500 square feet GFA.
I space per 2 employees in the minimum
working ~ or I space per 1,000 CFA
whichever is greater.
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9.
10.
11.
12.
The required parking for any two (2) or more uses or suactures'may be provided by the
allocation of'the total of the various spaces required for each use or structure in a common
parking facility, cooperatively established and operated.
The regulations of this sectiOn shall not apply to non-residential uses or structures Whose
minimum parking under the above schedule would amount to five (5) paddng spaces or less or
residential uses or structures whose minimum parking would amount to two (2) paddng spaces
or less.
ffthe Building ln.qpector is unable to identify a use with one (1)or more of the uses in the
above schedule, application shall be made to the Board of Appeals for the purpose of
determining a sufficient quantity of parking spaces to accommod~a~te the automobiles of all
customers, employees, visitors, occupams, members or clients consistent with the provisions
contained in the above schedule.
The Board of Appeals.may by variance rna~e exceptions to the provisions of this section and,
upon a written request of the owner and ~er a public hearing authorize the Building Inspector
to issue permits for buildings and uses having less off-street parking than specified here/n,
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 intensity of use.
A parking space shall mean an area of not less than 9' x 18', accessible over unobstructed
driveways not less that 25' wide.
For multi-family dwellings the from yard shall not be used for pafldng for accessory uses.
In all residential districts the fi.om 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 ~ont line of
the building. All other recreatiov, al vehicle and boat storage (if any) shall be within dosed.
Loading fadlities provided for any use shall be sized, located, awanged, and of mffident
nmber to allow service by the type of.vehicle customarily excepted for the use while such
vehicle is parked completely dear 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 commerdal vehicles other than passenger sedans and passenger station wagons, but not
counting farm macks nor motor:powered agriculture implements on an agriculturally active
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· farm or orchard on which such vehicles are parked. Commercial vehicles in excess of' one (1)
ton capacity shall be ~raged or screened from view of residential uses within thr~ hundred
(30o) feet by eah .
a. A strip at least four (4) feet wide, densely-planted with trees or shrubs which are at
teast four (4) feet high at the time of planting and which are of a type that may be
expected to 'form a year-round denm screen at'least six (6) feet high within three (3)
An opaque v~ll. barrier, or fence of uniform appearanc~ at least five (5) feet high, but
not more than soten (7). ~,.,.~ above finished grade.
Such screening shall I~ m~i~ained in-good condition at all times, and shall not be
pem~itt~ to exc.~i sgven fe~ in heigta within required side yarcts~. Such scxe~ming or
bamers may be int~xupted by normal entrances or exits and slmli not be required
within ten (10) fe~t ora street lot line.
~g or off-street parking of an ~ditioml two (2) commercial vehicles may h~
allowed by Special PermiL
When it is deemed to tm in tile public good, parking for additional: pleasure vehicles
may be allowed 'by Special Permit
13. Vill~g~ Comme~j~l Dimensional Requirements
Parking
Objective: To produce parking which is aesthetically ple~L_9rtg, well screened, acc. em'ble and broken
bo
A minimum of 5% landscaping and green space must be provided for all parking areas.
This 5% is not intended to inc. ludo the buffer zones, but shall include all internal
No single section of parking may contain more than 25% of the total proposed parking
spaces or more than 50 space, whichever is less. As a method of division, 6' wide
parking lot islands shall be installed to provid~ the proper break between adjacent
parking lots. For projects which require less tl~n 50 spaces in total, the Planning
Board may allow 50 spaces to be located tog~tm' if an e. ffecth~ visual buffer is
provided.
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Each landscaped island must be 6'.in width at the minimum. In locations where the
possibility exists to enlarge the entire island or portions thereot~ the Planning Board
would recommend that such measures be takert
In all instances where natural topography lends itself to the screening of these parking
areas it shall be lef~ in its natural state. The Planning Board may at their discretion
require additional screening at the owners expense.
Parking lots shall be provided only at the side 6r to the rear of the buildings. The
Planning Board may, at their discretion, allow up to 50 spaces, or 25% of the total
parking whichever is greater, to be located to the front of the structure as long as all
other dimensional criteria are adhered to.
The Planning Board shali have the discretion to allow between 4 - 6 parking spaces per
1,000 sclu,~e feet of Gross Floor Area for retail development in the xrfllage
Commercial District.
14.
One .(I) handicapped parking space shall be provided for every twenty (20) parking spaces
provided on site. Thc handicapped ~pace shall be 12' x ,20' and be indicated by a ground
mounted sign and pavement markings.
8.2 Automobile Service Stations and Other Automobile Services
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Automobile service and filling stations, automobile repair shops, body shops and painting shops, tire
stores, radiator shops or any of their appurtenances or accessory uses shall not be erected, placed or
located within fifty (50) feet of any residence diahict or residence structure.
In addition, the use or structure shall conform, to the following requirements (in addition to district
requirements):
The minimum frontage on a street shall be one hundred and fitb/(150) feet.
The maximum width of driveway's and curb cuts measured at the street lot line or lines shall be
thirty (30) or barriers may be interrupted by normal entrances or exits and shall not be required --
with ten (10) feet ora street lot line.
8.3 Site Plan Review
I 1. Purpose
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The purpose of this section is to protect the health, safety, convenience and general
welfare of the inhabitants of the Town by providing for a review of plans for uses and
structures which may have significant impacts, both within the site and in rehtion to
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adjacent properties and streets; on pedestrian and vehicular traffic. This review
considers the imp~ on public services and infrastructure; e~vironmental, unique and
historic resources; abuttin~ properties; and corn~mR~ character and ambiance.
b)
This section ofthe Zoning Bylaw is adopted pursuant to Chapter 40A, Section 9. All
Site Plan Review applications submiRed'under the provisions of this section, shall be
reviewed by the Planning Board as a Special Po~-,it.
c)
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~ prior to any .construction being undertaken in
the Town of North Andover.
2. Developments Which Require Site Plan Review
a)
Site Plan is required when:
i)
Any new building(s) or construction which contains more .than two thousand
(2,000) square feet of gross floor-ar~t ~ is undertak~ on ~M within the
Town of North Andover or results in the requirement of five (5) or more new
or additional parkin~ spaces;.
ii) Any co~huction which results in the addition of more th~n. tWO thOUSaIld
(2,000) square feet of gross tioor area to an existing structure; or ~ in the
requirement of five (5) or more new Or additional parking spaces;
iii) Any construction, site improvemems, new uses in existing suuctures or
developments whiCh contain new processes not norr~lly associated with the
existin__g use and whiCh result in changes in the pot. enfial ~_fi.~nce to a~acent
property,' traffic circulation; storm water drainage onto or off of the site; and/or
the application of the parking sta~,rds of Section $.1 indicate the need for five
(S) or more new or additional pafidng spaces.
iv) The construction of any new wireless, service facility on a previously permitted
facility as set fourth in Section S.9(a)(a)('n') W'~eless ServiCe Facilities Use
Regulations.
The following development(s) a~e exempt fi-om Site Plan.
i) Single family dwelling(s) and two family dwelling(O;
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Small ~uactures or additions which do nOt exceed two thousand (2,000)
square feet of gross floor area and do not require five (5) or more parking
spaces.
Routine repairs and maintenance fl~ do not exceed the provisions of Section
s.s (1Xc).
c) W~iver of Site Plan Review
When in the opinion of the Plannin~ Board, the alteration or reconstruction of
an existing s~ructure or new use or change in use will not have a significant
impac~ both within the site and in relation to ac~acent prope~ies and strem; on
pedestrian and vehiailar traffic; public services and infras~cture;
e~vironmental, unique and historic resources; .abutting properties; and
community needs, the Planning Board may determine, without a public hear~
that mb.mission of a site plan review application is not required.
The applicant mst request a waiver from Site Plan ~ewin writing and may
be required to submit supporting documentation that Site Plan Review is not
r~. The waiver request will be disctmed at a regular session of the
Planning Board.
Site Alteration - Violation of the Bylaw
No b~di~g permit, site de~ filling, grading material deliveries or construction
shall :be ~ed on any site which this section applies until Site Plan approval as
required by this section is obtained.
b)
NOthing herein shall be construed, howeVer, to prohibit such clearing or akering as may
be necessary for purposes of'conducting pre-deVelopment sm&es, 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 fidfill a
requirement of any Town Bylaw or regulations of the Commonwealth.
Procedur~
a) The site:Plan approved by the 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 can
only be changed or adjusted in compliance with the provisions contained in Subsection
VIII Revisions to Approved Site Plans.
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b)
Any proposed development meeting any of the criteria set forth in Subsection II
Developments which require Site Plan RevieW, shall be subject to Site Plan Review and
submit a Special Permit application to the Planning Board.
¢) An applicant for site plan review shall file an application form, fee, fight copies of the site
plan, and any additional information ~s may be required (See Subsection V Inforwa_tion
Required), with the. Planning Department. Once'the applicant is deemed complete, the
Planning Department will. lorillard the application to the Town Cleric An application will
not be deeuied complete until all requ~ed information, and fees are submittecL The time
periods set forth in this Zoning Bylaw and lVI. G.L. Ch.40A will not start until the
application has been deemed compk~e and submiv, ed tothe Town Clerk.
d) The ?lanning Board shall have the.authority to' require that the applicara pay for necessary
professional services required to adequately review and analyze the contents of any site
Information Required :
· a) spec~ P~ ApPlication ~or~ ~o"g ~ any fees as may be set by the town
Bylavf,
,b)
c)
Drawings prepared at a scale of one inch eq-sl, fo~ feet (1"=40') or larger,- or at a
scale as approved in advance by the Town Planne~.
All site plans shall be prepared by a certified architec~ landscape arr. hitecg and/or a
civil engineer registered in the Commonwealth of Mazsaclmse~. All landscape plans
shall be prepared by a certified landscape architect registered in the Commonwealth of
Massac~. All building elevations shall be prepared by a certified architect
registered in the Comm°nwealth of ~. All plans sh~li be signed .and
The times for submi-e~ion of the site plans for r~ew by the Planning Board 'are
specified in Section 10.3 of the Zoning Bylaws (Special Permit Regulations)
The following information nm.st be submitted along with the applicatior~
i)
NORTH ARROW~ATION MAP: A north arrow and a location map
showing surrounding roadways and land uses ~jacc~ m-th~ sile
Location Map should show at least one intersection of two e~ing Town
roadways.
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iv)
SURVEY OF LOT/PARCI~: 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.
NAMEfDES~ON OF PROJECT: The name of the development and the
names, addresses and telephone numbers of the project listing tenants, land
uses, development phases, or other pertinent information necessary to evaluate
the proposed development plan.
EASEMENTS/I.P. GAL CONDITIONS: Identification of easement(s) or legal
encumbrmces(s) that are related to the sites physical development, and a listing
of any condi/ion(s) placed upon the site by the Board of Appeah, Planning
Board, Comervatiofi Commission, or any public body or agency, with the
authority to place conditions on the sites development.
TOP .OORAPHY: The presto 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 ofthe professional submit~_g the
plan.
ZONING INFORMATION: All applicable Zoning Bylaw inforr~ation shall be
provided regarding the site's development. This information shall be placed ia a
table and list all parking, setbacks, percent of lot coverage, floor-area-ratio,
number of dwellin~ u,~ita, total amount of square feet, size of signs and any
other applicable zoning information ~ for the proper review of the site
plan by the Town Planner and Planning Board.
STORMWA~ DRAINAGE: All storm water drain~e con/roi facilities
vfil;~,ed by the site shall be shown on the site pla~ S/otto water drainage
calculations which support the design of the control facilities shown the plan
shall be submitted to the I)eparmaent of Public Works for review and approval.
Calculations shall show a mitigation of run-off to zero of the 2, 10, and 100
year stomi event.
BUll.DING 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 structure shall be indicated.
BUILDING ~-:I.I~.VATION: A drawing of the exterior of the building, as
viewed from the fi'ont (street view) must be submitted. The Planning Board
may request side and rear views ii' relevant to the Board's review. This drawing
must be at least 8" x 11" in size.
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LOCATION OF PARKINCdWALK'WAYS: Identification of the location of
all existing and proposed parking and walkways areas, including curb cuts that
will be used to access the site from adjacent roadways, Or access points.
LOCATION OF WETLANDS/NOTICE OF INTENT: All resource areas as
defined in M_G.L: Chapter 131, Section 40 and the Town's Wetland Bylaw,
shall be shown on the site pim The applicant shall file a Notice of Intent with
NACC conCUrrently with the application to the Planning Board for Site Plan
Review.
LOCATION OF WALLS/SIGNS: Identification of the location, height and
materials to be used for all retaining walls and signs located on the site. Signs.
will be reviewed using the guidelines set forth in Section 6.7 (FI) ofthe Zoning
Bylaw.
LOCATION OF RoADWAYS/DRIVES: Idea_tiflcation of all right-of°ways
and'driveways including the type of curb and gutter to be used, and their
shown for both sides of any streets which is adjacent to the site.
OUTDOOR STORAGE/DISPLAY AREAS: Identification of the location and
type of outdoor sto and aisCay areas on the sit .
LANDSCAPING PLAN: Ide,~Scation of the location and landscape schedule
of all perimeter ~.d imerior'landscaping, iudu~ but not limited to proposed
paving ~ for walkways, fences, stonewaH.q and all planting materials to
be placed on the site. In addition, all existing trees over 12 inches DBH, to be
saved or rerooved shall be shown on the site p~'~- An~ landscapi~ required b~
the Town Bylaws shall be indicated on the site plan in tab,,hr form showing the
amount required and the amount provided.
gm;USE AREAS: Identification of the location of each outdoor refuse storage
area, including the mett~ of storage and mining. All refuse areas must be
fully enclosed.
LIGHTING FACIIJTIES: Identification of the proposed illumination,
inclieating the direction and the degree of ilhminafion offered by the proposed
lighting facilities, including an example of the light fixture to be used.
:DRAINAGE BASIN STUDY: A detailed hydrolOgy study for the site.
Included in this study is the proposed storm water run-off rates into the existing
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drainage system and ks pote~ti~ down-stream impact on the existin~ drainage
TRAFFIC IMPACT STUDY: Identification of existing trat~c levels, along
with the expected tra~c impacts to occur based upon the proposed project.
Projects which access state highways, a traffic impact study shall be filed with
MEPA concurrently with the planning Board review. A copy of the M~A
study shall be flied with the application to the Planning Board.
COMMONWEALTH REVIEW: ~ information required and submitted to
any agency of the Commonwealth, shall be filed with the Planning Board upon
the injti_~J SUbmission of the project for Board review.
xxi) UTILITIES: All utilities, including water line locations, sewer line locations
and profiles, and storm drainage systems;
FISCAL. IMPACT: Proje~ions of co~ rising from inov, ased demand for
public services and infi'astmcture; provisions of' benefits from increased tax
revenu~ employment and inbasmgmre improvements; and impacts on
adjacent property values.
xx )
COMMUNITY IMPACT: Analysis of the projecfs impact on the surrounding
neighborhood in terms of architectural consistency, pede~uian movement and
overall character, iinpacts on nearby historic ~uuctures or site; and an
evaluation of the proposed project's consistency ad compatibility with existing
local and regional plans.
f) ffthe site plan review application is for the construction of any new wireless
serwce facility on a previously permitted facility as set fourth in Section 8.9(3)(a)9II)
Wireless Service Facilities Use Regulations, the information required by Section 8.9(5)
must also be submitted. The SPGA may grant a waiver from these submittal requirements
if it finds that such infomxation is not needed ~'or a thorough review of a proposed personal
wireless service facility.
Review Criteria/Design Guidelines
a) The following criteria and design guidelines sh~ll be used by the Planning Board in
evaluating the site plan review and all information submitted as part of the application.
i) General
a) Conformance with ali appropriate provisions of the Zoning Bylaw.
b) Protection of abutting properties fiom d~ site
h') Envimnmel~
a) Protection of unique or important rumaai, historic or scenic features.
b) Ade~_;~cy of proposed methods of refuse disposal.
¢)
Ability of proposed sewage dL, u~o~l and water supply systems within
and adjacent to the site tO serve the proposed use.
Adequacy of the proposed drainage syste, ai within and adjacent to the
site to lmndle the increased runoff resUlting from the development.
Provision of adequat. ¢ lan .~ing, including the screening of adjacent
. resider~tial uses, provision of street trees, landscape islands in the
parking lot and a landscape buffer alons the street fromage.
Adequacy of the soil erosiOn plan and any plan for protection of steep
slope~ both during and ~er
Prot~_ecti_'on of adjacent properties by mlnimi~in~ the intrusion of
lighting, including parking lot and buildin~ extet4or lighting
h) The proposed development must not present a demonstrable adverse
impact on the .surrounding area resul~ng from excessive noise, dust,
smoke, or w'bration which are higher than levels now experienced fi'om
~) Design
b)
Buildings sb~ll-b~ located with r~ to setbacks placemertt of
parking landscaping and =,~-ances and exits with sm-rounding buildings
and development.
The buiJdlngs shall relate harmoniously to each other in architectural
Screening shall be provided for storage areas, loading docks,
dumpsters, rooftop equipment, utility buildings and similar features.
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Electric, telephone, cable t.v., and other such lines and equipment must
be placed underground.
Demonstrate that the scale, massing and detailing of buildings are
compatible with those prevalent in the surrounding area.
iv) Traffic/Parking
The location and number of curb cuts shall be minimized to reduce
turning movements, and ba-ardous exits and entrances.
b)
Provision for access to adjoining properties shall be provided as
appropriate.
c) Driveways shall be'located opposite each other wherever possible.
d) . loint access dric~rays between adjoining properties shall be
encouraged.
Internal cimulation and egress shall provide for traffic safety, and
access to and from minor streets servicing one family dwellings shall be
rnin/mized.
Findings of the Planning Board
With the concurring vote of four members, o_f the Planning Board shall either A)
approve, B) approve with conditions, or C) deny a site plan submitted for review.
The Planning Board shall approve a'site plan w~ the following conditions are
met:
The site plan complies with all current Bylaw requirements of the
Town, and;
b) The site plan has b~m submitted in aCCOrdance with the regulations and
procedures as outlined in this section and Section 10.31 (Conditions for
Approval of Spedal Permit.)
The Planning Board shall conditionally approve a site plan when the following
conditions are met:
a)
The application needs to go to any Town Board/Department or
Commission for approvals, or requires approvals by any state, and/or
federal agency and;
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b)
The site plan generally complies with Town Bylaw requir~ but
requires minor cbm~ges in order to be completely in compliance with
the Town Bylaw regulations.
The Planning Board may deny approval of a site plan for the following reasons:
The plan does not include all the materials or information required in
this section, or has riffled to adhere to the .procedures for Site Plan
Review as outlined in this section, and Section 10.3 (Special Permits),
or,
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b)
¢)
The plan as presented is not in compliance with Town Bylaws, or,
The plan has been &awn incorrectly or in such form that the Planning
Board is unable to.determine what information is being presented for
· review, or,
v)
d) The appllcam have ~ to incorporate and adhere to any
condition(s) for approval granted by any Town Board, Depa~i,uent or
Commi.,sion, or requirenle~ called for by any sta~ or f~d~l agency,
which has prol~r authority upon Which to place conditions on a matter
before the Planing Board.
The Plannin~ Board shall render a decision within ninety (90) days of the public
heating and shall file its -~itten decision with the Town Clerles office and other
appropriate parties in accordance with the provisions ofDLG. L. Ch. 40A.
The applicant ~h~ll be responsible for filing a copy of the decision at the
Regis~ of Deeds. Prior to the issuance of a building permit, the applicant
.~hall present evidence of such recording to the Building Inspector.
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For the purpose of securing the performance of all proposed work, including
landscaping and off-site improvements, the Planning Board may require
security submitted in the form of a cheek msae out to the Town of North
Andover in an amount detraufined by the Board to be snqlcient to cover the
cost of ail or any pm of-the impmvemen~ required. The check will then be
pLnced in nn interest bearing account and will be released upon the completion
of the project= The Board, at its discretion, may release partial amounts of the
security at certain stages of construction.
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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 three (3): copies Of the revised plan and the revisions placed on the
plan fall into the following categories:
A change of location, and layout .of any parking area(s), signs, storage or
~ry Ixfildinss, provided that no Town Bylaws are violated by the change;
The change in the proposed landscaping plan which does not violate any Town
Bylaw;
b)
A change of egress and ingress provided the same is in compliance with Town
Bylaws and the requiremexaz of the Commonwealth.
The revisiom 'cited above may be completed without further review by Planning
Board, upon approval by the Town Planner. The Town Planner may determine that
the revisions as shown do not fall into the categories outdined hi this subsection, and
that the proposed revisions are hi fact substantial and call for materially different site
plan than approved by the 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.
c)
If the revisions are determined to be substantial and materially different by the Town
Planner, the Town Planner shall direct the applicant to resubmit the site plan to the
Planning Board in accordanc~ with the provisions of this section.
(Section 8.3 rewritten and reorganized May 6, 1996 Annual Town Meeting, Article 20)
$. 4 Screening and Landscaping Requirements for Off-Street
Commercial and Industrial Districts (1987/12)
For all commerdal and industrial districts the following minimum screening and landscaping
requirements shall apply for all off-street lots with more than 6 parldhg spaces, or in any instance when
a commercial or industrial off-street parking area of any si?e abuts a residential district.
1. A strip of land at least six (6) feet wide (may be part of required yard setbacks) with trees or
shrubs densely planted, to create at least an impervious screen, at least four (4) feet high at the
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time of planting and which are of a type that may be commOnly expected to form a year round
impervious screen at least fi~ (5) feet high withia three yeah.
ifa natu~ screen as de.bed ia item 1 above cannot be attained, a wall or fence of uniform
appearance at Io-~t five (5) feet high above 6nlshed grade will be allowed. Such a wall and/or
fence may be perforated, provided that not more than 25% of the face is open.
All required screening, as desen'bed in items 1 and 2 above, shall be maimaia~ in good
condition at all times. St/O sereeaiag may be intenupted by e~raaces or exits, and shall have
no sig~s attached thereto other tbaa those pmait~ ia the district
For all off-street paskiag areas of 20 or more spaoes the following crite~ ~11 also apply.
On at least tlu'ee fides of the perimeter of aa outdoor pazkiag k~ tl~e ~ be planted at least
one tree for every thirty (30) linear feet Ia the interior pa~t of an outdoor parking lot where
two rows of pan~ing spaces containing a total of 10 or more parking spaces face each other, a
landscaped open spa~. not less than 6 feet ia.width shall be provided. The landscaped strip
maybe provided ekher, 1) between the wws of paddng spaces parallel to tbe. aisle or, 2) ia two
· or mor~ sal~s paralld to the spaces aad exteadiag from the aisle serving one row of spaces to
the aisle serving the other row of spaces, as illu~a-at~ below.
Trees required by thi.~ section shall beat least 3.5 iaehes ia ,~bmeter at a height four feet above
the grouad at time of planting and shall be of a species ebaraete~ed by suitability and
hardiness for location in parking lot. To the ex/amt @ractieable, existing tr~ shall be retained
and used to satisfy this section.
The fo~owin~ graphics are intended as illu~a-~ons ~ examples only and have not been
incorporated into the requirements of this Bylaw..
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All artificial fighting used to illuminate any commercial or industrial parking lot, loading baY or
driveway shall have und~ground wiring and shall be so an~qged that all direct rays fi'om such
lighting falls entirely within th~ parking, loading or driveway area, and shall be shielded or
recessed so as not to shine upon abutting properu~ or streets.
VilLage Commercial Dimensional Requirements
In the Village Commercial Zomg District the following requirements shall be adhered to: The
following requirements are 0nly to be Placed upon the xrfllage C~al Zoning District and
shall take the place of the proceeding regulations found in paragraph 1-5.
Screening
Objective: Due to the hi~a ae~,~c standards to which the architecture shall be made to conform, the
main purpose of the screening shull be to screen the parking and-other accessory ~uuctures which may
be a part of the development. The Planning Board may require any additional screening as may be
reasonably required.
Alt buffer zones must be designed by a registered landscape architect, or other
professional as approved by the Planning Board.
The Planning Board recommends tint materials to be used in the buffer include but not
limited to the following material:
Natural/existing vegetation, natural topography, berms, stone walls, fences, deciduous
and coniferous shrubsttr~$, perennials, annuals, pedestrian scale wallcways, gazebos
and other landscape material as it addresses the aesthetic quality of the site.
The final approval of all material used within the buffer zone shall be at the discretion
of the Planning Board.
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 tr',~ 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, bircl% shadbush,
etc.).
In instances where healthy plant material exists on the site prior to' its development, aa
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 it~ in its opinion, such an adjustment is in keeping with and
will preserve the intent of these standards.
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8.5
Planned Residential DeVelopment (PRI))
~.~: The purpose and, intent of the regulations cOntaiaed in this seclion are to promote
the public health, safety and general ~ of the citizen_ s of the Town by providing for the
following goals:
a. To promote the more efficient use of land in'ha~mony with its natural featureS;
To encourage the Preservation of open space;
c. 'To protect wateflxxties and supplies, wetlands, floodplains, hillsides (1994/40),
ct. To pm~ greater ttex~laility .and more. amacfive, cfi:idem and economical design of
reaider,ti~l developments;
e. To fadlitate economical and efficient provision of utilMes;
f. To ~ the town's housing needs l~r promol~g a divo~ity of hot,~nE types.
· Aoolicabilit~. An application for a Planned Resideotlnl Special P~aiit (PRD) shall be allowed
fo-r-parcels oflandin the R-l, R-2, and R-3 Di~icts in accordance with the standards set forth
in this sectior~ An application for a Planned Resid~ntlnl Developm_e~_ Special Pemfit shall be
deemed to satisfy the requiremevas for Site Plan Review.
Permit~ The Planning Board shall be designated as the Special Permit Granting
Authority, and shall gram special permits for'-PRD's consistem with the procedures and
condilions set forth in this section as well as in Sections 10.3 and 10.31 (Special Permits) of
this Bylaw.
Procedure for Anvroval:
The applicant must submit a preliminary plan per Section 6(G) (t99ad40) and schedule pre-application
conference to discuss the proposed PRD with the Pla~_ning Board before the submission of the final
special permit application and supporting documents, to the Board for review in a public hearing.
Final Plan Submitt~
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 Pla-ming Board for review.
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Lrfformation Required: Any applicant who desires a special permit under requirements of this
section shall submit an application in writing in such form aa the Planning Board may require
which shall include at the minimum the following:
Development Statement: Which shall consist of a petition; a list of the 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 developmem team and a written statement
meeting the requirements of a site evatuation 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 within a table which includes the
following information:
1. The number of units,'
2. Type size (number ofbedr ,oo~),
3. Floor area,
4. Ground coverage,
Sunnmv/showing open space as perceatages of the total area of the PRD
mact,
6. Development schedule for all site improvements.,
Copies of the proposed instruments to be recorded with the plans
including the Usable Open Space perpetual resU-iction, which shall be
deeded to a membership corporation, non-profit organiTation, trust,
public agency, or the Town ofNorth Andover.
Development plans bearing the seal of a Massaehusem Registered
Architect, .Registered Civil Engineer or similar professional as
appropriate and consisting of.
Subdivisions - All plans shall be drawn at a scale of 1"=40'
showing all site improvements and' meeting, to the extent
applicable, the meats set forth for a Definitive Plan ha
the Subdivision Rules and Regulations of the Planning Board
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Site Plans .- Plans submitted shall meet the requirements
contained in Sectien 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, Public
Works Department, Board'of Health, Building Inspector, Police Department, and Fke
Department for written ~epons and recommenf~afions. No decision shall be made until such
repons, are returned or ~thirty-five days have elapsed following such refemfl without receipt of
such report.
Findings of the Planning_ Board: The Pta~ning Board may issue a special permit under this
section only if the Planning Board fnxls that the PRD is in harmony with the general purpose
and intent of this section and Sectidn 10.3 (Special Permit) and that the PRD cootains
residential devdopment and open space in a va~i.'ety to be s~fflldently adva~ to the
Town and meets the purpose and intent of this section, which rende~ it appropriate to depart
from the requirements, of this bylaw othe~v~ applicable to the Zoning District in which, the
PRD parcel ~s located.
If a spedal permit is granted, the Plan~4 Board may i ,raP°se a COndition thereof that
installation of munidpal services and COmhuction of roadways within the PRD sbsil comply
with the requimmms of the Sulxtivision Rules and Regulations of the Plam~ Board.
Further, the Regulations of the Planning Board may require !n,fllcient security to ensure
compliance with the subdivision Rules and Regu!ations, planned recreation facilities and site
amenitiea; and may impose additional safeguards pertaining to public safety, welfare and
convenience.
Development Standards:
Allowabte Parcel Size: For each application filed for a special permit under this
section, the aPPlicant must have a contiguous pared of land, in single Or consolid_~ted
ownership at the time of application, which is at least ten (10) acres in size.
Allowable Uses:
Development:
The following principal uses are allowed in a Planned Resid~fial
1. Single fanfily detached houses;
Residential structures with uP to five dwelling units per struct~e, utili:6ng
COmmon wall constructio~
Church or other religious purposes;
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4. Agriculture on parcels greater than five(5) acres;
5. Public parks;
6. Conservation area or land preserved as perman~t open space;
7. Membership dubs for the exclusive use of the residents of the development.
Dimensional Regulations' Site Plans
- h/firfimum Lot Size: Not Required
- Lot Frontage: Not Required
- All Yard Setbacks: Not .R~quir.ed
- Hdght'Limitation: 30' or 2.5 stories
Distance Between Structures: 50'
Buffer Zone: 50' fi.om the pared boundary to any smaeture located within a
PRD Development. Said buffer shall remain open without pavement or
roadway(s) and left in its aaturai eonditior~
Dimensional Regul. arians: Subdivisions
h~fimum Lot Size: R-1 and R-2 21,780 square feet; R-3 12,500 square feet
Lot Frontage: 100' all zoning districts
All Yard Setbacks: 20' (1)
Hdght Limitation: 30' and 2.5 stories
Buffer Zone: 0993/33) A filly-foot ($ff) border fi.om 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;
1.
trees and/or shrubs may be added to improve the buffer characteristic
of the Zone, and
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roadways perpmalcular 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 Board. Such roadways shall be
minimized within the contra of sound subdivision planning practices.
1. The ~h:ucture may be placed upon a side lot line without a side yard setback, Provided
that the adjacent lot to which the zero setba~ is located has the required side yard
Parking Requirements: 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 sl~ti 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, howev~, tr',z.% plimfin__g, arbor,, flagpgles, sculptures, fountains, swimmin~ pools,
atriums, outdoor recr .~'onal facilities and similar objects shall not be considered oba, actions.
For subdivision PRD's the minimum usable open space requireme~ ~all be 35°/, of
the total parcel area; and no mom th~n 25% of tile tOtal amount of required usable
open space shall be wetlalld.
For site planned PRD's, the minimum u~.~ble open space requirements shall be 50°,4 of
the total parcel area; and no more that 25% of the total required usable open space
shall be wetland.
All resource area shall be determined by the requirements ofM. G.L. Cb~er 131, Section 40,
and the Town's Wetland Bylaws under this subseclio~t
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:
1. A non-profit o ~rg~ni:mtion or trust whose members are all the owners and occupants of
Private organization including but not limited to the T~ of Reservations or Essex
County Greenbelt Association whose primary function is preservation of open space,
3. The Town of North Andover,
Any group as indicated by the Planning Board which exists or is created for the
purpose of pre~'ving open space for the owners of the units located in a PRD Project.
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Further, a-perpetual restriction of the type descnqmd' in M.G.L. Chapter 184, Section 31,
(including future mendments thereto and corresponding pro,dsions to future laws) rurming 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 recreatiorr
Such restriction shall, be in such form and substance as the Planning Board shall prescribe and
may contain such additional restrictions on devdopment md use of the Usable Open Space as
the Planning Board may deem appropriate.
Calculation of Allowable Residential
Except as noted in Subsection H below, the maximum number ofbui~d~l~ lots in a PRE) will
be equal to the number of build.lc lots which would result from an approved conventional
subdivision platt In order to determine the residential devaky of a PRD, the applicant must
submit to the Planning Board a plan which:
meets the criteria ora Preliminary Subdivision.Plan as defined in Section 3(b) of the
"Rules and Regn,lations Governing the Subdivision of Land, North Andove~,
Massac~" in effect at the time of plan submittal,
Z is fully compl/ant with the "Zoning Byhw" in effect at the time of plan subm/ttal, and
3. requires no zoning variances.
The Planning Board will m this plan to determine the maximum number of buildable lots.
(1994/40)
Density Bonuses
1. Affordable Housi~ Bonu.~
For all PRIYs the total number of allowable lots ancffor dwelling units may be increased
up to 20°4 if the developer designates at least 30% of the total number of units for use
in conjunction with one or more state.or federal ho~.6ng race programs.
However, in the instance where the use of federal or state programs are not available to
the Housing Authority, the Planning Board, ~er consultation with the Housing
Authority, may propose alternative methods of attaining the Affordable Housing
Bonus.
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The developer shall certify, in writing to the Planning Board that the appropriate
number of dwdli~g units have been set ~d~ and conveyed to the North Andover
Ho~ng Authority (or other actions are required), before the P~ Board shall
Further, the developer shall be respond%le to WOrk with the North Andover Housing
Authority to initiate and conclude occupancy of said units within one year of their
comple6o~ Failure to doso shall be ~ed a violation ofthe special permit criteria.
The granting of this bonus density ~.n, not exem~ the proposed development from
any other criteria required by this section or regulation copt, ivxed in the Town B~laws.
Open Spa~e Bonus
'For nmiti-~ PRD's, the total ~ of allowable dv~tlin~ ~i~ ma~ klcreased
up to t0% if t~e proposed PRD provides sixty-five percent (65%) usable open space
consistent with the defi~lion of usable ope~ space as provided in thi~ section. The
granting of.this bonus density shall not exempt the proposed development from any
Proposed PRD's may utiliTe both bonus provisions, Le. aifo~nble housing and open
space; however, the granting of bonus densities shall not exeaipt the proposed
development from any other criteria required by this section.
8,6 Satellite l~ceiver Discs (1987/83)
To restrict the e~ecfon and/or installation of satellite microwave receiver discs in residential disulcts 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 fi-om the street.
8.7' GROWTH MANAGEMENT
I. INTENT AND PURPOSE
This Section 8.7 is adopted pursuant to the provisions of M.G.L., ¢. 40A and the Home Rule
Amendment, Article 89 of the Massachusetts Constitution, for the following purposes:
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a)
b)
to ensure that growth occurs in an orderly and planned manner, at a rate that can
be supported by Town services, while avoiding large year to year variations in the
development rate;
to allow the Town time to update its Master Plan and to provide the Town with
time to study the effect of growth on the municipality's infrastructure, character
and municipal services;
c)
to allow the TOwn time to study, plan for, and provide an additional source of
water,
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d)
e)
to relate the timing of residential development to the Town's ability to provide
adequate public safety, schools, roads, municipal infrastructure, and human
services at the level of quality which citizens expect, and within the Town's ability
to pay under the financial limitations of Proposition 2 1/2.
to preserve and enhance the exiting community character and value of property;
and
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to allow departures from the strict application of the growth rate measures herein
in order to encourage cen~ types of residential growth which address the
housing needs of specific population groups or which provide significant
reductions inthe ultimate residential density of'the Town.
I 2. APPLICABILITY, EFFECT AND DEFINITIONS
a) No building permit ~Shall be issued for a new dwelling unit between May 6,1996
i 1,1996 unless exempted by Section 8.7(6) herein.
and
July
i .. b) Beginning on luly 1,1996, no building permit for a new dwelling unit or units shall
be issued unless in accordance with the regulations of this Section 8.7 or unless
exempted bY Section 8.7(6) herein.
The provisions of this Section 8.7 shall expke on July 1, 2001; however, by a vote.
of Town Meeting before said date, the provisions of this Section 8.7 may be
extended for an additional five years in order to continue municipal comprehensive
planning studies necessary topromote orderly growth. In the event such action is
taken by Town Meeting prior to July 1,2001 these provisions shall not be
co~rued to have lapsed on such date.
For the purposes of this Section 8.7, the follOwing terms shall have the folloWing
meaning:
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v)
"Growth Rate Limit" shall mean the maximum, number ofbuildingpermits
that'may be authorized in one Year, which shall be $0 permits. The
Growth Rate.Limit is based upon analysis of recent average growth rates
and an analysis of the Town's em'rent and future ability to provide essential
local services such as public safety, schools, public works and human
services. Units exempt under section 8.7(6!are included within the
calculation'of the Growth Rate Limit.
"Development" shall mean a single Parcel or set of contiguous parcels of
land held in common ownership, regardless of form, at any time on or after
the date of adoption ofthis bylaw, for'which oneor more building permits
will be saught.
"Development Schedule" shall mean a schedule authorized by the Planning
Board in aCCOrdance with Section &7(4), which outlines the maximum
building, permit issuance per development:
"Developer" any individUal who either as an individual, a beneficial owner
of a real estate trust, a partnei' in a partnership, or an officer or owner of a
corporation, requests one or more building permits for the construction of
new dwellin8 units.
"year" shall mean the period beginning Iuly' t and ending lune 30.
PLANNED GROWTH RATE
b)
c)
The Growth Rate Limit shall be based on a target growth rate of 80 dwelling units
per year. In no case, however, shall the number of nonexempt building
permitsissued be reduced belOW 60 permits in any 9ne year period.
Whenever the number of building permits issued for new dwelling units exceeds
the applicable Growth Rate Limit, the Building ln-~peet~r shall not issue building
permits for any additional dwelling unit or units unless such unit or units are
exempt from the provisions of this Section 8.7 under subsection 8.7(6) below.
BUilding pe~nfits authorized under a Development Schedule, but not issued during
the scheduled Period set forth in SectionS.7(4) shall not be counted in computing
the applicable Growth Rate Limit. Building permits ~ed, but subsequently
abandoned under the provisions of the State Building Code, shall not be counted in
computing the applicable Growth Rate Limit.
DEVELOPMENT SCflE. DULING
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a)
b)
c)
d)
This Section 8.7(4) shall apply to the following types of development which would
result in the creation of new dwelling units; (a) definitive subdivision plans, Co)
plans subject to M.G.L. cA1, s.81P (ANR); (c) special permits.
In addition to the types of development described in paragraph 8.7(4)(a), the
Planning Board is' authorized, upon request from the Developer, to approve a
development schedule for any other building 16t or dwelling unit, specifying the
month and year in which such lot/unit shall be eligible for a building permit.
Dwelling units shall be considered as part ora single development, for purposes of
development scheduling, if located on either a single parcel or on a set of
contiguous parcels of land held by a Developer in common ownership, regardless
of forrrg at any time on or after the date of adoption of this bylaw.
Where consistent with the applicable Growth Rate Limit, building permits for the
construction of new residential units in types of development set forth in Section
8.7(4)(a), shall, lie authorized only in accordance with the following table:
Number of New dwelling
units in development
Maximum Number of building permits for
nqw dwelling units per year
(Total in Development)
1-5
6-10 5
11-20 6
21-30 7
3140 8
41-54 9
55-80 10
More than 80 12.5% of Total in
Development
Notwithstanding that a Development Schedule has been approved and recorded,
the Planning Board shall not be required to authorize the issuance of the stated maximum
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number ofbulldin$ permits ifthe issuance of such permits would result in exceeding the
Growth Rate L'unit. Adoption of a Development Schedule shall not be construed as a
commiia~ent to issue building permits. The Planning Board shall not establish any
Development Schedule which phases development for longer than a l0 year period.
PROCEDURES FOR DEVELOPMENT SCH'V, DULES
No building permits for new dwelling units shall be issued until the Development
Schedule has been recorded and a certified copy of the Development Schedule has
been filed with the Planning Board.
b)
c)
Upon transfer of any lot or unit in the types of development subject to
development scheduling, the deed shall reference the Development Schedule and
state the earliest date on which construction may be commenced in accordance
with the provisions of this bylaw.
In order to be.equitable'to all Dex;elopers no more than 20% of the total available
building pe .traits under section 8.7(3)(a), in any Year, will be issued to any one
Develope{.
Procedures for development schedules shall be in accordance with rules and
regulations, consistent' with the provisions of tiffs bylaw, to be adopted by the
Planning Board on or before July l, 1996. ·
6. EXEMPTIONS
The following developments are specifically exempt fi.om the Growth Rate Limit and
Development Scheduling provisions of thls by-law. The issuance ofbuilding permits for these
Developments shzl! count toward the Growth Rate Limit of 80 permits in a Year. Except that
permits issued under subsection (a) below shall not count tow~ds the Growth Rate Limit of 80
perm/ts in a Year.
b)
c)
An aPplication for a building permit for the enlargement, restoration, or
reconstruction of a dwelling in existence as of thc effective date of this bY-law,
provided that no additional residential unit is created.
All lots created prior to May 6, t996 are exempt from the provisions of this
Section 8.7 of the Zoning Bylaw.
Dwelling units for low and/or moderate income families or individuals, where all of
the following conditions are met:
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Occupancy of the units is restricted to households qualifying under Local
Initiative Program as administered by the Executive Office of Communities
and Development;
The affordable units are subject to a properly executed and recorded deed
restriction running with. the land which shall limit the succeeding resale
price to an increase of 10 percent, plus any increase in the consumer price
index, plus the cost of any improvements certified by the Building
Inspector.
d)
Dwelling units for senior residents, where occupancy of the units is restricted to
senior persons through a properly executed and recorded deed restriction running
with the land. For purposes of this Section."senior" shall mean persons over the
age of 55,
e)
Development projects which voluntarily agree to a minimum 40% permanent
reduction in d.ensity,(buildable lots), below the density,(buildable lots), permitted
under zoning and feasible given the environmental conditions of the tract, with the
surplus land equal to at least ten buildableaeres and permanently designated as
open space and/or farmland. The land to be preserved shall be protected from
development by an Agricultural Preservation Restriction, Conservation Restriction,
dedication to the Town, or other similar mechanism approved by the Planning
Board that will ensure its protection.
Any tract ofland existing and not held by a Developer in common ownership with
an adjacent parcel on the effective date of this Section 8.7 shall receive a one-time
exemption from the Planned Growth Rate and Development Scheduling provisions
for the purpose of constructing one single family dwelling unit on the parcel.
g)
If at the'time a Development is ready for building permits,(i.e, all other permits
from all other boards and commissions have been received and the project is in
compliance with those permits), and the Development Schedule does not
accommodate issuing a building permit in that Year~ one building permit will be
issued per Year per Development until such time as the Development Schedule
accommodates issuing building permits.
ZONING CHANGE PROTECTION-
a)
Any protection against zoning changes provided by M.G.L.c. 40A, s.6, shall be
extended to the earliest date on which the final unit in the development could be
authorized under this bylaw.
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The provisions of this by-law are hereby declared severable and if any provision
shall be held invalid or unconstitutional, it shall not beconstmed to affect the
validity or constitutionality of any of the remaining provisions of this by4aw.
(Section 8.7 created and approved Annual Town Mc~l/ng, May 6, 1996)
Section 8.8:Ad,It Us~ Zone
The Adult Use Zone is herein establish~ as an overlay district and shall'be superimposed on the other
districts established by this Bylaw. The requireme~ emunemted for'tl~ Adult Use Zone sl~il be in
addition to, rather than in place of; the requirements of the oth~ district~. Adult uses may be allowed
by Special Permit in the Adult Use Zone, as desc~l~i, below. Adult uses'~ be prohibited at any
other location in the Town.
The following regulation sb,il apply m Adult U~s as d~d in S~:fion 2 ofthis Bylaw.
Boundaries! Bouna~ries of the Adult Use Zone are shown on the-Zoning Map and shall include
the following parcels as identified on the 1995 Assessor's Map: .Map 34 Parcels 27 and Map
77 Parcels 3, 12, 13, 14 & 17.
-Map 34 Parcd 27
Map 77 Parcel 13
Northerly 250' +/- by Holt Road
Easterly 340' +/- by Lot 2
Southerly 240' +/- by City of Lawrence Airport
Westerly 330' 4-/- by Lot 4;
Northerly 100~ +/- by Holt Road
Easterly 370' +/- by Lot 4
Southerly 130' +/- by Parcel 3
Westerly 400' +/- by Clark Street
Map 77 Parcel 14
Map 77 Parcel 3
Northerly 245' -~-by'Holt Road
Easterly 330' +/- by Lot 3
Southerly 250" +t~ by Parcel 3
Westerly 370' +/- by LOt 7
Northerly by 410' +/- by Lots 3~ 4, and 7
Easterly 250' +/- by City of Lawrence Airport Comn~
Southerly 465 +/- by City of Lawrenc~ Airport Comm_
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Westerly 460' +/- by Clark Street
Map 77 Parcel 12 (3 sided lot)
Map 77 Parcel 17
Noaberly 410" +/- by Parcel 17
Easterly 270' +/- by Clark Street
Southerly 285' +/- by City of Lawrence Airport Comm.; and
Northerly 120' +/- by City of Lawrence Airport Comm_
Easterly 210" +/- by Clark Street
Southerly 410" +/- by Parcel 12
Westerly 590'+\-by City of Lawrence Airport Comut
Se_.~o~on Distan : Adult uses may not be located:
a)
within five hundred feet (500') feet of any Resident/al Zoning Districts or within 500
feet of any church, school, park, playfield or other location where large numbers of
minors regularly cong~a~e.
b)
c)
within five hundred feet (500') of any other adult use as defined herein;
within three'hundred feet (300') of any establishment licensed under MGL Ch. 138,
Sec. 12.
Maximum Usable Floor Ar~: With the exception of an adult cabaret or an adult motion
picture theater adult uses may not exceed three thousand five lmndr~ (3~500) sq~_~_are feet of
useable floor area~
a)
b)
Parking shall be provided in the side or front yard only.
All parking areas shall' be illuminat~ and all lighting shall be: contained On the
property,
Parking areas Shall be landscaped in conformance with the appropriate provisions of
the zoning by-law. ·
Screeni~4g and buff'erinE: At a minimum, a five (5) foot wide landscaped buffer shall be
provided along the side and rear property lines of an adult use establishment consisting of
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evergreen ~m~bs or tr~ not le~ than five (5) feet in l~ight at the time of planting or a solid
fence not less than six (6) feet ia height.
All Ixfilding operfings, enifies and windows shall be screened in such a manner as to prevent
visual access to the int~or Of the establishm~ by the public.
No adult us~ shall be allowed to display for advertisem~ or other purpos~ 'any signs, placards
or other like materials to the general public on the exterior of the building or on the interior
wh~re tbe sar~ may be s~"n'through glass or o,~ like transparent material any sexually
explicit figures or words as defined in M.G.L Sec. 31 Clx 272.
Aoolication information: Tbe application for a special pemit for an adult use establishment
must include tbe following information:
b)
Nam~ and address of the ~ owr~r of tl~ ~lb~ and of th~ t~al owner of
tbe property;,
Name and address of all persons having lawful equity or secmity interests in the
c) Nar~ and address of t~ manage,
Numb~ of ~a~ptoye~;
Propos~d Pmvisiom for security within and without the establishmem;
0 The physical layout of the intedor of the establishinent.
Granting Authority. .
10. No adult us~ special p~mit shall 1~ issued to any person convicted of vio~ the provisions
of MGL Ch. 119, Sec. 63, or MGL Clx 272, Sec. 28.
t 1. An adult use ~ l~siilt sb~ll only be issued fOllowing a public hearing held within snag-five
(65) days at'er the filing oran application with the special pern~. 8ranling authority, a copy of
which shall forthwith be 8iwn to the Town Clerk by the applicant,
12.
Special permits for adult uses shall be granted only upon the det~aufiaation by the Special
Permit Granting Authority that the location and design of the ~.are in harmony with its
surroundings, and that adequate saf-~,ards exist through lieem4ng or other means to assure on
a continuing ba~.~ that aetMties therdn will not be patently contrary to prevailing standards of
adults in the community and will not involve minors in any way.
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13. Any section of this by-law, or portion thereofi declared invalid Shall not affect the validity or
application of the remainder of the by-law.
(SectiOn 8.8 created and approved May 6, 1996 Annual Town Meeting, Article 22)
section 8.9 Wireless Service Facilities
1) Purpose
a) It is the ex'press purpose of this Bylaw to minimize'the visual and environmental impacts
as well as any potential deleterious impact on property valUe, of wireless service facilities
upon properties located within the Town or adjacent thereto. No wireless service facility
shall be placed, constructed or moditied within the Town without first obtaining site plan
approval from the Special Permit Granting Authority (SPGA). The Planning Board shall
be the Special Permit Granting Authority for the issuance of a special penait to allow the
placement, construction and modificati6n of wireless service facilities within the town.
This bylaw is intende~i to be used in conjunction with other regulations adopted by the
Town, and other zoning and general bylaws designed to encourage appropriate land use,
enviromnental protection, preservation of North Andover's rural character and the
provision of adequate infi~tmcture development in North Andover.
b)
The reguhtion of wireless service facilities is consistent with the purpose of the North
Andover Zoning Bylaw and planning 'efforts at the local government level to further the
conservation and preservation of developed, natural and undeveloped areas, wildlife, flora
and habitats for endangered species; protection of the natural resources of North Andover,
enhancement of open space areas and respect for North Andover's rural character.
2) Definitions:
a) Above Ground Level (AGL). A measurement of height from the natural grade of a site
to the highest point of the structure.
b) Above Mean Sea Level (AMSL). A uniform point from which height above sea level (or
zero elevation) can be measured.
c) Antenna. The surface fi.om which wireless radio signals are sent and received by a
wireless service facility.
d)
Camouflaged. A wireless service facility that is disguised, hidden, part of an existing or
proposed structure or placed within a preexistent or proposed structure is considered to
be "camouflaged."
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e) ..Carrier. A company that provides wireless services.
0. Codocation.
The use of a single mount on the ground by more than one cartier (vertical
co-location) and/or several mounts on a preexistent building by more than one caaier.
g) Cross-polarized (or dual-polarized) antenua. A low mount that has three panels flush
mounted or attached very close to the sb. at~.
h) Elevation. The measurement 0fheight above mean sea level.
i)
Environmental Assessment (EA). An EA is the document required by the Federal
Communications Commission (FCC) and the National Environmental Policy Act (NEPA)
when a wireless serviCe facility is. placed in certain designated areas.
j)' EquiPment Shelter. An enclosed, structure, cabinet, shed or box at the base of the mount
~ which are housed batteries and electri.cal equipment.
k) FUnctionally Equivalent Services, Cellular, personal Communication Services (PCS),
Enhanced Specialized Mobile Radio, Specialized Mobile Radio an~ Pa~'ng.
!) GPS. Ground Positing System by satellite location of antennas.
m) Guyed Tower. A.lattice tower that is tied to the ground or other surface by diagonal
cables.
n) Lattice Tower. A type of mount that is self-supporting with multiple legs and crosS
bracing of struCtUral Steel.
o) Licensed Carrier. A Company authorized by the FCC to construct and operate a
commercial mobile radio service sySten~
p) Monopole. The type of mount that is self-supporting with a single shaft of wood steel or
concrete and a platform (or racks) for panel antennas arrayed at the top.
It) Mount. The structure or surface upon which antennas are mounted, including thc
following four types of mounts:
(1) Roof Mounted: Mounted on the roof of a building.
(2) Side-mounted: Mounted on the side of a building
(3) Ground-mounted: Mounted on the ground.
(4) Structure-mounted: Mounted on a ~t~cture other than a building.
r) Omnidirectional (whip) antenna. A thin rod that beams and receives a signal inall
direx'tions.
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s) Panel Antenna. A flat surface antenna usually developed in multiples.
PCS. Communications Services. These are broadband radiowave systems that operate
at a radio frequency in the 1850 - 1900 megahertz range.
u) Radiofrequency (RF) Engineer. An engineer specializing m electric or microwave
engineering, especially the study of radio frequencies.
v)
Radiofrequency Radiation (RFR). The emissions from wireless service facilities as
defined in the FCC Guidelines for Evaluating the Environmental'Effects of
Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and
regulations.
w) Security Barrier. A locked impenetrable wail, fence or berm that completely seals an area
from unauthorized entry or trespass.
x) Separation. The distances between one an-a. y of antenna.~ and another array.
y)
Utility. A system of wires or conductors and'supporting structures that fu~tiom in the
transmission of ele~Uical energy or communication services (both audio and video)
between generating stations, sub-stations, and transmission lines or other utility services.
z)
Wirdess Service Facility. Facilities used for the principle purpose of conunercial or
public wireless communications uses, such as cellular telephone services, enhanced
specialized mobile radio services, microwave commtmications~ wireless commtm/cations
services, paging serv/ces and the like, as defined in Section 704 of the Federal
Telecommunications Act of 1996, as amended. Such facilities shall include towers,
antennae, antennae support structures, panels, d/shes and accessory structures.
aa) Wireless Services. The three types of services regulated by this Bylaw: commercial
mobile radio services, unlicensed wireless services, and common carrier wireless exchange
access services.
3) District Regulations
a) Use Regulations: A wireless service facility shall require a building permit in all cases and
may be permitted as follows:
i) The carrier must demonstrate that the facility is necessary in order to provide adequate
service to the public.
ii) A wireless service facility may locate as of right on any existing guyed tower, lattice
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tower, monopole or electric utility transmission tower for which a special pemfit
issued under this Section 8.9 is in effect, provided that.the new facility shall first obtain
site plan review approval from the Planning Board and, provided further that any new
facility shall not exceed the terms and conditions of the special permit in effect for the
existing facility on which it is to be located.
No wireless service facility shall be located in the Town except uPOn issuance of a
special permit in accordance with Section 10.3 of this Bylaw. Such a facility maybe
located in any zoning district in the Town, ~ovided that the proPOsed facility satisfies
all of the requirements set forth in this Bylaw.
b) Location: Applicants seeking approval for wirdess service facilities shall comply with the
following:
ff feasiblc, wireless service facilities shall be located on preexistent struCtUres,
including but not limited to buildinl~s or structures, preexistent telecommunications
facilities, utility pgles and towers, and related facilities, provided that such installation
preserves the character and integl'ity of those structures. In particular, applicants are
urged to consider use of preexistent telephone and elech~ic utility shuctures as sites for
one or more wireless service facilities. The applicant shall have the burden of proving
that there ~re no feasible preexistent structures uPOn which to locate.
c)
If the applicant demonstrates m the satidaction of the SPGA (Special Permit Granting
Authority) that. it is not feasible to locate on a preexistent structure, wireless service
facilities shall be camouflaged to the great~st extent possible, including but not limited
to: use of compatible building materials and colors, screening, landscaping, with
natural and/or artificial plantings (as indicated through site plan review), and
placement within trees.
iii) The applicant shah submit documentation of the legal right to install and use the
proPOsed facility mount at the time of application for a building permit and/or Special
Permit.
Dimensional Requirements: Wireless service facilities shall comply with the following
requirements:
i)
Height, General Regardless of the. type of mount, wireless service fac'tlities shall be
no higher than ten feet above the average'height of buildings within 300 feet of the
proPOsed facility. In addition, the height cfa wireless service facility shrill not exceed
by more than 10 feet the height limitations of the zoning dist,-icl in which the facility is
proposed to be located, unless the facility is completely camouflaged such as within a
flagpole, steeple, chimney, .or similar structure. W'u'eless service facilities may locate
cna building that is legally iaon- conforming with respect to height, provided that the
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facilities do not project above the existing building height.
Height, Ground-Mounted Facilities Ground-mounted wireless service facilities shall
not project higher than ten feet above the average building height or, if there are no
buildings within 300 feet, these facilities shall not project higher than ten feet above
the average tree canopy height, measured from ground level (AGL). /g there are no
buildings within 300 feet of the proposed site'of the facility, all ground-mounted
wireless service facilities shall be surrounded by dense tree growth to screen views of
the facility in all directions. These trees may be existing on the subject property or
planted on site.
iii) .Height, Side-and Roof-Mounted Facilities Side-and roof-mounted wireless service
facilities shall not project more than ten (10) feet above the height of an existing
building or structure nor project more than ten (!0) feet above the height limit of the
zoning district within, which the facility is located. Wireless service facilities may locate
on a building that is legally non-co~orming with the respect to height, provided that
the facilities do not project above the existing building height.
iv) Height, preexistent Structures (Utility) New antennas located on any of the
following structures existing on the effective date of this bylaw shall be exempt from
the height restrictions of this bylaw provided that there is no increase in height of the
existing structure as a result of the installation of a wireless service facility: Water
towers, guyed towers, lattice towers, fire towers and monopoles.
v)
Setbacks All wireless service facilities and their equipmem shelters shall comply with
the building setback provisions of the zoning district in which the facility is located. In
addition, the following setbacks shall be observed.
(1)
In order to ensure public safety, the minimum distance from the base of any
ground-mounted wireless service facility to any property line, shall be 2x the height
of the facility/mount, including any antennas or other appurtenances. This set back
is considered the "fall zone". In addition, a minimum setback of 300 feet from any
habitable dwelling or business is required.
(2) In the event that a preexistent structure is proposed as a mount for a wireless
service facility, the setback provisions of the zoning district shall apply. In the case
of the preexistent non-conforming stmctureS,~ wireless service facilities and their
equipment shelters shall not increase any non-conformity.
(3)
The SPGA may reduce' the required setback distance by as much as 50%, if such
set back provides adequate safety, promotes co.location or improves design, and
will not significantly impact the character and appearance of the neighborhood. In
making a request for a reduced setback, the manufacturer or qualified licensed
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designer shall certify that the tower is designed to collapse upon itself in the event
of failure. The SPGA may allow reduced setbacks as necessary to allow for the
use o,f an existing mucture.
4) Design Standards
a) Visibility/camouflage Wireless service facilities sba!! be camouflaged as follows
i) camout~ge by Existing Buildings or Structures
(1) When a wireless service fac'dity extends above the roof height of a building on
which it is mounted, every effort shall be made to conceal the facility within or
behind preexistent architectural features to limit its visib'dity from public ways.
Facilities mounted on a roof shall be stepped back from the front facade in order to
limit their impact on the building's silhouette.
Wireless service fiicillties which ~re side-mounted shall blend with thc preexistent
buildings arcl~itecture and, if over 5 sqt~re feet, shall be shielded with material
which is c6nsistent with, the design features and materials of the building.
.ii)
Camouflage by Vegetation. If wireless service facilities are not camouflaged from
public viewing areas by existing buildings or structures, they shall be surrounded by
buffers of dense t~ee growth and understory vegetation in ail directions to create an
effective year-round visual buffer. Ground-mounted wireless service facilities shall
provide year-round vertical evergreen vegetated buffer of 50 feet, or. 75% of the
overall height of the structure, in aH directions. Trees and vegetation may be existing
on the subject property or installed as part of the proposed facility or a combination of
both. Vegetation should be natural in appearance and consistent with surroundings.
iii) Color
(1) Wireless service facilities, which are side-mOunted on buildings, shall be painted
or constructed of materials to match the color of the buildiag material directly
behind them.
(2) To the extent that any wireless service facilities ex~end above thc height of the
vegetation immediately surround~ing, it; they must be painted ina light gray or light
blue hue which blends with sly and clouds.
iv) Equipment Shelters Equipment shelters for wireless service facilities shall be
designed consistent with one of the following design standards:
(1) Equipment shelters must be located in underground vaults; or
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(2) designed consistent with traditional materials, color and design of the area, or
0) camouflaged behind an effective year. round landscape buffer, equal to the height
of the proposed building, and/or wooden fence acceptable to the permitting
authority
b) Lighting and signage
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'~ru-eless service facilities shall be lit only if required by the Federal Aviation
Administration (FAA). Lighting of equipment structures and any other facilities on
site shall I~e shielded from abutting properties. There shall be total eutoffof all light at
the property lines of the parcel to be developed, and foot-candle measurements at the
property line shall be 0.0 initial foot-candles when measured at grade.
Signs shall be limited to those needed to identify the property and the owner and warn
of any danger. No tower or other facility shall contain any signs or other devices for
the purpose of ad,~eftisement. All si~on~ shall comply with the requirements of Section
6; Signs and Outdoor Lighting Regulations of this bylaw.
iii) All ground mounted wireless, service facilities shall be surrounded by a security barrier
and shall be protected against unauthorized climbing or other access by the public.
c) Historic Buildings
Any wireless service facilities located on or within a historic structure shall not alter
the character-defining features, distinctive construction methods, or original historic
materials of the building.
ii) Any alteration made to a historic structure to accommodate a wireless service facility
shall be fully reversible.
Wireless sentice facilities within an historic district shall be concealed within or behind
existing architectural features, or shall be located so that they are not visible from
public roads and viewing areas within the disUict.
iv) The Historic District Commission must review all appropriate facilities.
d) Scenic Landscapes and Vistas
i) No facility shall be located within 300 feet of a Scenic Road. ffthe facility is located
farther than 300 feet from the scenic road, the height regulations described elsewhere
in this Bylaw shall apply.
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ii) Wh-dess service.facilities shall a°t be located within open areas that are visible from
public roads, recreational areas or residential development. As required in the
Camouflage section above~ all, ground mounted wireless service facilities that are not
camouflaged by existing buildings or structures shall be surrounded by a buffer of
dense tree growth.
e) Environmental Standards
Wireless services facilities shall not be located in wetland resource areas. Locating of
wireless facilities in wetland bUffer areas shall he avoided whenever, possible and
disturbance to wetland bilffer areas shall be minimized. Ail Conservation Commission
regulations and procedures must be followed.
No hazardous waste shall be discharged on the site of any personal wireless service
facility, ffany hazardous materials are to be used on site,- there shall be provisions for full
containment of tach mate.rials. · An enclosed containment area shall be provided with a
sealed floor, designed: tO contain at least 110% of the volume of the hazardous materials
stored or used on' Site. Applicant must comply with all federal, state and local regulations
governing hazardous materials.
Storm water nm-off as a result of the wireless facility shall be contained on-site and
comply with the DEP Storm Water Management regulations as applicable.
Ground-mounted equipment for wireless service facilities shall not generate acoustic noise
in excess of 50 dB at the security barrier.
v) Roof-mounted or side-mounted equipment for wireless service facilities shall not generate
noise in excess of 50 dB at ground level at the base of the building closest to the antenna.
0 Safety Standards
Radiofrequency Radiation (RFR) Standards. All equipment proposed for a
wireless service facility shall be' authorized per the FCC Guidelines for Evaluating the
Environmental Effects of R~ndJofrequency Radiation (FCC Guidelines) or any other
applicable FCC guidelines and regulations.
ii) Structural Integrity. The appliean{ shall provide certification by a structural engineer
that the wireless service facility is structurally SOund for the proposed facility.
Application Procedures
a) Special Permit Granting Authority (SPGA). The Special Pct-f~it Granting Authority
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b)
c)
d)
(SPGA) for wireless service facilities shall be the Planning Board:
Pre-Application Conference. Prior to the subrtfission of an application for a Special
Permit under'this regulation, the applicant is strongly enCOuraged to meet with the SPGA
at a public meeting to discuss the proposed .wireless service facility in general teiu~ and to
clarify the filing requirements.
Pre-Application Conference Filing Requirements. The purpose of the COnference is to
inform the SPGA as to the pre 'luninary nature of the proposed wireless service facility: As
such, no formal filings are required for the pre-application conference. However, the
~ipplicant is:tnCOuraged to prepare sn~Cient prelirainary architectural and/or engineering
drawings to inform the SPGA of the location of the proposed facility, as well as its scale
and overall design.
Application Filing Requirements. The following shall be included with an application
for a SPecial Peq~fit for all wireless service facilities: ~
i) General Filing Requirements
Name, address and telephone number of apPlicam and any co-apPlicants as well as
any agents for the applicant or CO-applicants. A 24-hoUr emergency telephone
contact number shall be included for use during construction as well as operation
of the wireless COmmunication facility.
(2) Co-applicants may include the landoWner of the subject property, licensed carriers
and tenants for the wireless service facility
(3) Every applicatiOn for a wireless service facility Special.Pemfit shall include at least
one licensed carrier and the oWner of the land as au applicant or a co-applicant.
(4) Original signatures are required for the applicant and all co-applicants applying for
the Special Permit. If an agent represents the applicant or co-applicant, an original
signature authorizing the agent to represent the applicant and/or co-applicant is
· required. Photo reproductions of signatures will not. be accepted. All other fillng
requirements in the Zoning Bylaw and the Rules and Regulations as applicable
must be COmplied with.
ii) Location Filing Requirements
(1) Identify the subject property by including the name of the nearest road or roads,
street address, and Assessors Map and Parcel,number of subject property
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(2) Identify the Zoning District designation for the subject parcel. Submit a copy of
Town zoning map with parcel identified.
(3) A l°cus map.at a scale of 1" = 1500' showing the SUbject property and all
properties within.300 feet and the.location of all buildings, including accessory
structures, on all properties shown.
(4) A map showing the other preexistent and approved wireless service facilities in
North Andover and outside North Andover within one mile of its boundary.
(5) GPS all equivalent system loe.~__fing by latitude and longitude wireless service
fadlities
iii) Siting Filing ReqUirements. A °ne-'mch-equals'40feet plan prepared by a Registered
Professional Engi~. eer in the Commonwealth of Massachusetts showing the following:
(1) Property lines for the subject property.
(2) Pwp~ lines of all properties within 300 feet of the proposed location.
(3) Tree cover on the subject property and ~11 properties directly abutting the subject
property, by dominant species and avera~ height~
(4) Outline of all e~isting buildings, including purpose (e.g, residential buildings,
garages, aCCessory strua~ares, etc.) on subject property and all properties adjacent
to the subject property.
(5) Proposed location of antenna, mount and. equipment shelter(s).
(6) Proposed security barrier, indicating type and e~tent as well as point of controlled
(7) Location of all roads, public and private:on the subject property and on all
pro~es within 300 feet including driveways proposed to serve the
Wireless service fitcility.
(8) Distances, at grade, fi-om the proposed wireless sereice facility to each building on
the vicinity plan.
(9) Contours at each 2 feet AMSL for the subject property and adjacent properfes
within 300 feet.
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(10) All proposed changes to the preexistent property; including grading, vegetation
removal and temporary or permanent roads and driveways.
(1 l) Representations, dimensioned and to scale, of the proposed mount, antennas,
equipment shelters, cable runs, parking areas and any other construction or
development attendant to the wireless service facility.
(12) Lines representing the sight line showing viewpoint (point from which view is
taken) and visible point (point being viewed) from 'SightLines" subsection below.
(13) Location of all wotlauds on the subject property and within I00' of the proposed
facility as approved by the Conservation Commission.
iv) Sight lines and photographs as described below:
(1)
Sight line'repr.esentation. A sight ".the representation shall be drawn from any public
road within 300 feet and the closest facade of each residential building (viewpoint)
within 300 feet to the highest point (visible point) of the wireless service facility.
Each sight line shall be depicted in profile, drawn at one-inch equals 40 feet scale.
The profiles shall show all intervening trees and buildings. In the event there is only
one (or more) residential building within 300 feet there shall be at least two sight
lines from the closest habitable structures or public roads, if any,
(2)
Preexistent (before condition)photographs. Each sight line shall be illustrated by
one four-inch by six-inch cOlor photograph of what can currently be seen from any
public road and any residential building within 300 feet.
(3) Proposed (after condition) photographs. Each of the preexistent condition
photographs shall have the proposed wireless service facility superimposed on it to
show~:what will be seen from public roads and residential buildings if the proposed
wireless service facility is built.
(4)
Siting elevations or views at-grade from ~he north, south, east and west for a 50-
foot radius around the proposed wireless service facility plus from all preexistent.
public and private r6ads that serve the subject property; Elevations shall be at
either one-quarter inch eqt,~ls o.ne foot Or one-eight inch equals one foot scale and
show the following:
(a) Antennas, mounts and equipment shelter(s), with total elevation dimensions
and average.ground level (AGL) of the highest point. All future proposed
antennas, mounts and equipment Shelters if any must be shown in order to be
included in the Special Permit.
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(b) Security barrier, ff the security barrier will block views of the wireless service
facility, the barrier drawing shall be cut away to show the view behind the
barrier.
(c) Any and all structures on the subject propertY.
(d) Preexistent trees and shrubs at current height and proposed trees and shrubs at
proposed height at time of installation, with approximate elevations
dimensioned.
(e) Grade changes, or cuts and fi11.% to be shown as original grade and new grade
line, with two-foot contours AMSL.
v) Design Filing Requirements
(0
Equipment brochures for the'.proposed wireless service facility such as
manufacturer'~ specifications or trade journal reprints shall be provided for the
antennas, mounts, equipment shelters, cables as well as cable runs, and security
barrier, if any.
(2)
Materials of the proposed wireless service facility specified by generic type and
specific treatment (e.g.' anodized aluminum stained wood, painted fiberglass,
alloys, etc.). These shall be provided for the antennas, mounts, equipment shelters,
cables as well as cable runs, and security barrier, if any,
Colors of the proposed Wireless service facility represented by a color board
showing actual colors proposed. Colors shall be provided for the antenna mounts,
equipment shelters, cables as well as cable runs, and Security barrier, if any.
(4)
Dimensions oftbe wireless service facility specified for all three directions: height,
width and breadth. These shall be provided for the antennas, mounts, equipment
shelters and security barrier, if any.
(s)
Appearance shown by at least two photographic' superimposition's of the wireless
service 'facility within the subject property.' The photographic superimposition's
shsii be provided for the antennas, mounts, equipment shelters, cables as well as
cable runs, and security barrier, if any, for the total height, width and breadth.
(6) Landscape plan including preexistent trees and shrubs and those proposed to be
added, idea6fied by size of specimen at installation and species.
(7) During the public hearing process the applicant shall S~hedule with the Planning
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Board a balloon or crane test at the proposed site, at the expense of the applicant,
to illustrate the height oftheproposed facility.
(8) ff lighting on the site is required by the FAA, the applicant shall submit a
manufacturers computer generated point-to-point Printout, indicating the
horizontal foot-candle: levels at grade, within the property to be developed and
meaty-five (25) feet beyond property lines. The printout shall indicate the
locations .and types of luminaries proposed.
vi)NoiSe Filing Requirements
(1)
The'applicant shall provide a statement listing tbe preexistent and maximum future
projected measurements of noise fi;om the proposed wireless service facilities,
measured in decibels Ldn (common logarithmic scale, accounfmg for greater
sensitivity at night)~ for the following:
(a) Preexistent or ambient: the m~ures of preexistent noise
Co)
(c)
Preexistent plus proposed wireless service facilities: maximum estimate of
noise from the proposed wireless service facility plus the preexistent noise
environment.
Such statement shall be certified and signed by an acoustical engineer, stating
that noise measurements are accurate and meet the requirements of DEP and
Section 8.9(4)(e).
vii) Radiofrequency Radiation CRFR) Filing Requirements
(1)
All telecommunications facilities shall be operated only at Federal Communications
Commission (FCC) designated frequencies, power levels and standards, including
FCC~' Radio Frequency Emissions standards. The applicant shall provide
certification demonstrating that the maximum allowable frequencies, power levels
will not be exceeded. Certifications shall include technical specifications, a written
explanation of those specifications, and, if necessary, field verification. The Permit
Granting Authority may condition any Special Permit granted under this section
upon a periodic submittal of certification of compliance with said standards.
(2)
In order to determine compliance with applicable' FCC regulations, the applicant
shall provide a statement listing the preexistent and maximum future projected
measurements of RFR fi.om the proposed wireless service facility, including all co-
locators, for the following situations:
(a) Preexistent or ambient: the measurement of preexistent RFlt.
Co) PreexiStent plus proposed wireless service facilities: maximum estimate of RFP.
from the proposed wireless service facility plus the preexistent RFP,
environment,
(¢) Certification, signed by a en~neer, stating, that RFR measurements are
accurate and meet FCC Guidelines as specified in the Radiofrequency
Radiation Standards sub-section of this Bylaw.
(3) Applicant must submit a copy of the letter from the Mzz.sac~ Department of
Public Health approving the site for this facility as required by 105 CMR 122.000
requires that the Department of Public Health approve all sit~ for wireless
facilities with respect tO emissions. .
viii) Federal Environmental Filing Requirements
(1) At the time of application ~ an Environmental ~sment (EA)that meets
FCC requiren~ents shall be subm~ed to the Town for each wireless service facility
site that req es ~uc~ an p_~ to be submitted to the FCC.
(2)
The applicant shall list location, type and nm°unt ('m/rluding radiation trace
elements) of any materials proposed for use within the wireless service facility that
are:considered hazardous by the federal, stateOr local government.
ix) Waiver. The SPGA may waive one or more of the ~Plication filing requirements of
this section if it finds that such information is not needed for a thorough review of a
proposed personal wireless service facile.
Co-locntion
a)
b)
Licensed carriers shall share wireless se~ce facilities and sites where feasible and
appropriate, thereby reducing the number of wireless service facilities that are stand-alone
facilitiesl All applicants for a Special Permit for a wireless Service facility shrill demonstrate
a gOOd faith effort to co-locate with other carriers~ such'gOOd faith effort includes:
i) A _sgrvey of all preexistent sUactures that may be feasible sites for co-locating
wireless service facilities; '
ii) Contact, with all other licensed canlers'for commercial mobile radio services Operating
in the CommonWealth of MassachuSetts; and
iii) Sharing information necessary to determine if cO-location is'feasible under the design
configuration most accommodating to co-locatiOn-
An Applicant shall demonstrate to the planning Board that it has made a gOOd faith effort
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c)
d)
to co=locate its facility upon an existing facility. The Town may retain a teChnical expert, in
the field of RF engineering and/or a structural en~neer to verify if co-location at the site is
not feasible or is feasible given the design configuration most accommodating to co-
location. The cost for such a technical expert will be at. the 'expense of the applicant. The
Town may deny a Special Permit to an applicant who has not demonstrated a good faith
effort to provide for co-location,
If the applicant does intend to co4ocate or to permit co-location, the Town-shall request
drawings and studies that show the final appearance and operation of the wireless' service
facility at full build-out.
If the SPGA approves co-location for a whelms service facility site, the Spedal Permit
shall indicate how many facilities of what type shall be permitted on that site. Pursuant to
Section 8.9(3)Regnlations facilities SPecified in the Special Permit approval shall require
no further zoning approval. However, the addition of any facilities not specified in the
approved Special Permit sh~l! require a new Special Permit. This allows a Carrier to "pre-
permit" a site for additional fadlities so that they will not have to apply for another Spedal
Permit later. ' :
In order to determine compliance with all applicable FCC Regulations, estimates of RFR
emissions will be required for all facilities, including proposed and future facilities both .for-
the applicant and ail co-locators.
ModificatiOns
A modification of a wireless serViCe facility may be considered equivalent to an application
for a neTM wireless service facility and' will reqUire a Special Permit when the following
events apply:
i) The applicant and/Or co-applicant want to add any equipment or additional height not
speCified in the original design'filing
ii) The applicant and/or co-applicant want to alter the terms of the Special Pe~ff, it by
changing the wireless service facility in one or more of the following ways:
(1) Change in the number of facilities Permitted on the site;
(2) Change in technology used for the wireless service facility.
8) Monitoring and Maintenance
a) After the facility is in operation, the applicant shall submit to the SPGA, within 90 days of
beginning operations and at annual intervals from the date of issuance of the Special
Pernfit, preexistent and current ~' measurements. Such measurements Shall be signed
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and certified by an RF engineer, stating that REP, measurements are accurate and axe in
compliance or why the measurements fail to comply with all applicable FCC Guidelines as
specified in Section 8.9(4Xc)(i) RFP, Filing R~tuirements of thfids Bylaw. The
' meaSUrements shall be submitted for both the applicant and all .co-locaters.
b) ARer the wi~eless service facility is in operation the aPpliCant. Shall submit to the SPGA;
within 90 days of the issuance of the Special Permit, and at ann~_~z! intervals from the date
of issuance of the Special Pe~uiit, preexistent and current measurements of acoustic noise
'from the wireless service facility Such measurements shall be cectified and signed by an
acoUstical engineer, stating that noise measurements are accurate and meet the Noise
Standards sub-section 6.13.14.5 of fids Bylaw
c) Theand co-appli t or "ss°r in inter sm the
service facility in good condifiotL S{lch maintenance shall include, but small not be limited
to, poi~ting' structural integrity of the mount and security barrier and ~nmintenance of the
buffer and landscaping,
d) Failure to obtain the' information required in this subsection 8.9(8) of the Bylaw shall
result in a fine of not more than $300 dollars for each offense. Each day that such violation
.continues shall constitute ~ separate, offense. .
9) Abandonment or Discontinuation of Use
a) At such time that a licensed carrier plans to abandon or discontinue operation of a wireless
service facility, such cartier will notify the Town by certified US mail of the Proposed date
of abandonment or discontinuation of Operations. 'Such notice shall be given no less than
30 days priOr tO aband°nment o~ discontinuation of Operations. in the event that a licensed
carrier fails to give such notice, the wireless :~ervice facility shall be considered abandoned
upon discontinuation of operations.
b) Upon abandonment 'or discontinuation of use, the cartier shall physically remove, the
wireless service 'facility within 90 days from the date of abandonment or discontinuation of
use. '~Physicaily remove', shall include, but not be limited to:
i) Removal of antennas, mount, equipment shelters and security barriers fi-om the subject
property.
ii) Proper disposal of the waste.materials from. the site in accordance with local and state
solid waste disposal regulatio~_s.
iii) Restoring the location of the wireless servic~ facility to-its natural condition, except
that any landscaping and grading shall remain the aRer-condition.
c) As a condition, of any special permit for the placement, construction or modification of a
wireless service facility, a carrier small place into escrow a sum of money to cover the
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costs of removing the facility from the SUbject property. Said amount shall be certified by
an engineer, architect or other qualified professional registered to practice in the
Commonwealth of Massachusetts. Said funds shall be held by an independent escrow
agent to be appointed by the carrier and the SPGA. The carrier shall authorize and, as
necessary, shall obtain the authorization of the owner of the property to allow the escrow
agent to enter upon the subject property to remove the facility when the facility has been
abandoned or discontinued. In the event the posted amount does not cover the cost of
demolition and/or removal the Town may place a lien upon the property covering the
difference in cost.
d)
A facility shall be deemed to be abandoned or discontinued if it has not been used for the
purpose for which it was originally constructed for a period of six (6) months or more.
Once abandonment or discontinuance has occurred, the carrier shall remove the facility
from the subject property within ninety days. In the event that the carrier fails to remove
the facility, the town shall give notice to the carrier arid the independent escrow agent that
the facility shall be removed by the escrow agent forthwith and the escrow agent, after
affording written notice seven days in ad'~ance to the carder, shall remove the facility.
e)
Failure to follow the provisions of this subsection 8.9(9) shall result in a fine of not more
than $300 dollars for each offense. Each day that such violation continues shall constitute
a separate offense.
10) Reconstruction or Replacement of Existing Towers and Monopoles
Guyed towers, lattice towers, utility towers and monopoles in existence at the time of
adoption of Section 8.9 this Bylaw may be reconstructed, altered, extended or replaced on
the same site by Special Permit, provided that the SPGA finds that such reconstruction,
alteration, extension or replacement will not be substantially more detrimental to the
neighborhood and/or the Town than the preexistent non-conforming stmcture. In making
such a determination, the SPGA shall consider whether the proposed reconstruction,
alteration, exmnsion or replacement will create public benefits such as opportunities for
co-location, improvements in public safety, and/or reduction in visual and environmental
impacts.
11) Performance Guarantees
a)
Insurance in a reasonable amount determined and approved by the SPGA after
consultation at the expense of the applicant with one (1) or more insurance companies
shall be in fome to cover damage from the structure, damage from transmissions and other
site liabilities. Annual proof of said insurance must be filed with the SPGA.
b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the facility,
shall be placed into escrow and shall be held by the independent escrow agent who shall be
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auth°rized to expend the funds for the maintenance of the facility on terms to be agreed
upon by the carrier and the SPGA as a condition o£approval of the special pea-a,it.
Annual certification demonstrating continuing compliance with the standards of the
Federal Communications Commission, Federal Aviation Administration and the American
National Standards Institute shall be filed with the SPGA by the Special Permit holder.
12) Term of Special Permit.
A Special Permit issued for any wireless service facility shall be valid for three (;~) years.
The special permit may be renewed under the same criteria as the original special permit,
provided that the application for renewal of the special permit is made prior to the
expiration date of the original or any renewed s .l~cial permit. Additional measures
governing the administration ofthe speci .al permit are found in Section 10.3 of this Zoning
Bylaw.
SECTION 9 NON-CONFORMING USES
'Any non-conforming building, sml~-ture~ or use as defined ~ wlaich lawfully existed at the time of
passage of the applicable Provision of thi.~ or any prior by Law or any amendment thereto may be
continued sui~ect to the provisions of this Bylaw. Any lawfully non'COnforming building or structure
and any lawfully non-conforming use of building or land may be continued in the same kind and
manner and to the same extent as at the time it became lawfully non-conforming but such building or
use sh~il not at any time be changed, extended or enlarged except for a pmlx)se permitted in the zoning
di~ia-lct 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-confon'rg~ structures or uses,
however, may be extended or altered, provided that no such extension or alteration ~h~ll be permitted
unless the~e is a findin~ by the Board of Appeals that such change, extension, or alteration shall not be
substantially more detrimental than the existing non- conformin~ use to the neighborhood.
When a l~e-existing muoure has been made non, conforming due t° changes in the lot size required by
this bylaw, such ~uacture may be extended or altered based on a finding by the Zoning Enforcement
Officer that such structure after the cb. artge meets all currmt' zoning requirements except for lot size.
(mvs/43)
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9.2 ' Alteration or Extension
A use Or structure housing a use, which does not conform to thc regulations of this Bylaw but which
, did c~nform to all appficable relatiOns when initially established shall not be changed, extended or
~ enlarged except in accordance with the following provisions:
1. Such change shall be approved by a Special Pe~iiit or otherwise bythe Board of Appeals.
2. ' such change s~l be pe~t~ed 0n~ uP°n the same lot occupied by the non-confo,,~-ag use o.
the date that it became non-conforming.
3. Any increase in volume, area, or extent of the non- conforn~ use shall not exceed an
aggregate than twenty five percent (25%) of the original use.
of more
4. ,No c .ha~?e shall .be permitted which tends to lengthen the economic life of the non-confOrming
tonger man a period reasonable for the amor67~_.fi_on of the initial inve~huent.
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9a B'ad~gSae~C~t~op~e
A~.. hO.n-conforming building or structure destroy~l or damaged by fire,, flood, lighting, wind 'or
omer~se to the extent of sixty-five percent (65%) Or more of its reproduction cost at the ihaie of su~
damage shall not be rebuilt, repaired, reconstruCted nor altered except for a purpose pe~i,itted in that
zoning disixict in which such building is located, or except as may be permitted by a Special Permit or
oth~ by the Boar~ nf *pp~ a~g under ~.U. C~ter 40X
9,4 Abandonment '
If any lawfully non-conforming building or use of a building or land be at any time discontinued for a
period of two years or more, or if such use or building be c~mged to one conforming with the North
Andover Zoning Bylaw in the district in which it is located, it shall thereater cominue to conforrfi.
s~cno~ ~0
10.1 Enfor~m~j~t
The North Andover Zoning Bylaw shall be enforced bythe North Andover Building Iuspector. The
Building InsPeCtor, uPon being informed in writing Of'a possible violation of ~ BYlaw or on his own
initiative, shall make or cause to be made an inve~igation of facts and an inspection of' the premises
where such violation may exist. If the Building Inspector is so informed in writing and decline~ to act,
he shall within fourteen (14) days of his receipt of such information give to his informant, in writing, his
reasons for refi'aining fi-om taking any action. The Building Inspector, on evidence of any violation
143
after i~vestigation and in~c~ion, shall give written notice of such violation to the owner and to the
occupant of such premi.~es, and the Building.Inspector shall demand in such notice that such violation
be abated within such reasonable time as may be l~ven ~ mail addressed to the owner ~t the address
appe~ 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.
It~ after such notice and demand, such viOlation has not been abated within th~ time specified, the
Building Inspector or the SelecUiien sh~ll institute appropriate action or proceedings in the name of the
Town of North Amdover to Prevent, correct, restrain, o~ abate arty violation of this BYlaw.
10.lA Building Permit
No building shall be erected, altered, moved, razed or added to in NOrth AndOver v~ihout a written
permit issued by the Building Inspector. Such permits shsil be applied for in wfillng to the Building
Inspector; The Building Inspector si~!! not issue any such pen~,t unless the plans for the building and
the intended use thes~f in'~ll respects fulfill the provisions ofthe North Amlover Zoning Bylaw (and
other applicable Town Bylaws) except as may have been specifically permitted otbem4se by action of
the North Andover Board 0f~Appeals, provided a written copy of the terms governing any exception so
permitted be attached to the application for a building permit and to the building pemait issued therefor.
One copy of each tach permit, as issued, ~ any conditions or exceptions attached thereto, shah
be kept on file in the Office of the BuiJdjn~'In.spector.
In addition to the information required above, a plot plan shall ilgiicate prOvisions for ail other physical
requirements of this Bylaw, includin~ but not limited to off-street parking, ~ and
Upon granting a permit the Building Inspector shall cause a copy to be posted on the Property to which
it relates in a conspicuous place.
10.1.2 Certificate of Use and Occupancy
No building hereaiter erected, enlarged, extended, or altered s~ be used or oCCUpied in whole or in
part until a certificate of use and occupancy has been is,sued by the Building In.~0ect~. 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 ocoip~ has been issued by the Building ~r. This certificate shall certify
compliance with the provisions of this Bylaw and of all applicable codes (1974).
10.1.3 Penalty for Violation
Whoever con_'_tmues to violate tl~ provisions of this Bylaw after wlRten notice' from the Building
Inspector demanding an abatement of a zoning violation within a reas°nable time, shall be subject to a
fine of three b~mdred dollars ($300). Each clay that such violation continues'shall be considered a
separate offense. (1986/15)
10.2 Board of Appeals
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10.2.1 APpointment and Organization
Ther~ shall be a Board of Appeals of five (5) mentbees and not more than three (3) Associate
Members, which shall have.and exercise all the powers provided under G.L. Chapter 40A, and which
shall hear and decide all matters specifically referred to the Board of ApPeals by the Noroh Andover
Zoning Bylaw and other matters referred to such Board by statute. The Board of Appeals members
and Associate Members shall be appointed by the Selecm~en in the manner provided by statute.
Within two (2) weeks of the beginning of each calendar year, the Zoning Board of Appeals shall
organize and elect a Chairman and Clerk from within its own membership.
The length oftenns ofthe members ofthe Board of Appeals shall be such that the teuu of one member
expires each year. A member of the Board of Appeals may be removed for cause by the Board of
Selec~nen o~y a~er written charges have been made and a pub~ hearing has been haid.
10.22 Powers oft. he Board 9fAppeals
The Board of Appeals shall have the following powers:
1. To hear and decide actions and appeals as provided herein;
To hear and decide applications for appropriate Special Permits and variances which the Board
of Appeals is required to act upon under this Bylaw.
10.3 Special Peimit
The Special Permit Granting Authority shall adopt rules and regn_d .afi_'ons for the conduct of its business
relative to the issuance of Special Pe,ifits. A copy of these rules and regulations shall be filed with the
Town Clerk The rules and regulations shall contain, as a minimum, a description of the size, form,
coments, 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 C_,nanting Authority may gram a Special peanifit within the framework of this Bylaw
only after holding a public hearing which must be held within sixty-five (65) days aRer 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 Penng 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 filed with the Board of Appeal, the applicant shall file the
application with the Town Clerk, who shall transmit the application to the Board of Appeals within
twenty-four (24) hours.
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10.3.1 .Couditiom f°r Approval of Special Permit
The Special l%~iiilt Granting Authority shall not approv~ any such appli~n' for a Special
l~aiiit un!~s ~ finds that in its judgment all the following conditions are met:
The specific site.is an appropriate location for ~,lch a use, structure or condition;
There will be no nuisance or serious haza~ to vehicles or pedestrians;
Adeq-ste and aPPropriate facilities will be provided for the proper operation .of the
proposed use;
The SPe~ial Permit Granting Amhority shall not grant any Spe~al P~ unless they
make a speci~c finding ~ the use is in harmony with the get, era1 ~se and intent
of this Bylaw.
In approving a Spe~_"~ Permit, the Special Permit C-ra~nS AuthoritY may attach such
conditions and safeguards as are deemed necessary to protect the neighborhood such as, but
not limited to, the following:
Kequiremema of front, side, or rear yards greater than the minimum required by this
Bylaw.
Requiremems of screev~ parki~ areas or other parts of the pr¢i-i~i.~s from adjo'ming
premises or from the street, by walls, fences, planting, or othc~ d~dces as specified by
the Special Peak,fit Granting AuthoriV/.
c. Moai~c~ion of the exterior features or appearancez of the su'acture;
Limitation of size, r~mber of occupants, method or time of. operation, or extem of
facilities;
e. Regulation ofr~mher, design and location of access drives or other waffic features.
substantinl use or construction has commenc~ If the applicant can show good cause why
substantial use or cor~uaction has not commenced within the two (2) year Period, tl~ Special
Permit Granting Authority, as its disc~on, may extend the Special Permit for an additional
one (1) year period. Included within the two (2) year period stated above, is the time required
to pursue or wait the determination of an appeal from the provisions of the Bylaw.
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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,
wherever necessary in connection 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 date of 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. Tbere shall be at least four (4) of the five (5) members of the Granting
Authority voting in favor of issuing the Special Peax, it
6. A Special Permit granted under the provisions of this Bylaw shall not take effect until:
The Town Cleric certifies on a copy of the decision that twenty (20) days have elapsed
without filing of an appeal or that any appeal filed has been dismissed or denied;
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The certified dec~'on has been rea~rded at the owners expense in the Essex County
Registry of Deed's indexed in the grantor index under the name of the record owner,
and noted on the owner's Certificate of Title;
ffthe Special Permit involves registered'-property, the decision, at the owners expense
sh~ll also be filed with thc Recor~ier of the Land Court.
10.3.2 Temporary permit
The Board of Appeals may grant a teai@orasy Spedal Permit'for use or occupancy permit for a period
of not more than one (1) year at a time, subject to a single renewal. Such permits sb~il be subject to
conditions imposed by the Board related to safeguarding the character of the disu~ct effected and shall
be processed in accordance with the procedures provided herein for the granting of Special Permits.
10.4 Variaaoes and Appeals
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 circumstan~ relating to soil conditions, shap~ or
topography of the land or structures 'and espocially 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, finandal or otherwise, to.the petitioner or applicant, and that desirable relief may
be granted without substantial d~hknent to the public good and without nullifying or substantially
derogating from the intent or purpose of this Bylaw.
Additionally, an appeal may be taken to the Zoning Board of Appeals as provided herein by a person
aggrieved by reason of his inability to obtain a peu&t or enforcement action from the Building
Inspector, by the Merrimack Valley Planning Commission, or by any person including an officer or
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Board of the Town ofNoC& Andover, 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 0O) days of the dste of the order or
decision that is being appealed by filing a notice of apl:~al, specif~ the grounds thereof with the
Town Clerk, who shall forthwith transmit copies oftbe appeal to such officer or Board, whose order or
decisionis being appealed, andto the Zoning Board of AppeaLs. Such officer or Board shall forthwith
transmit to the Zoning Board of Appeals all documents and paper constituting the records of the case
· in which the appeal, is take~
No petition for a variance or appeals ~h,II be granted until a public heating 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 t~om the Town Cleric
The Zoning Board of Appeals must make its decision on a petition for a variance or appeal
within sevenIy-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 fails to act within the time limits specified
. her~h~, the pr~kion' for a variance or appeal shall be d__~ed granted.
In the case of a variance, the Zoning Board of Appeals may impose conditions,
safe~a_rds and limitations of time and u~ howev~, these conditions cannot require
continued ownership of the land or ,,Uucture to wtfi~ the variance ~ by the
applicant, petitioner, or owner. Furthermore, if the fights authorized by the variance
are not exercised within one (1) year of the date of the grant, they shall lapse and may
be r~tablished o~ aRer notice and a new hearing.
The Zoning Board of Appeals shall em,~e to be made a detailed record of its proceedings
indicating the vote of each member upon each question, or if absent or ~iling to vote,
indicating such fact, and' s~i~ forth clearly the reason or reasons which shall be filed within
the fourtem (14) days in the office of the Town Clerk and shall be a public record.
Notice of the de~i~on shall be mailed forthwith to the l~iiioner, applicant, or appellant, to the
parties in ~terest designated herein, and to every person present at the hearing who requested
that notice-bo sent to him and ~ the address to which tach notice was to be sent. Each
notice shall specify that appe,l% if any, shall be filed within twenty (20).days after the date of
filing of such notice in the office of the Town. Clerk The decision shall also contain the names
and addresses of the Owner, and identification Of the land and/or structure affected ('tfa
variance procedure - how the variance complies with the statutory requirements for issuing a
variance). Certification that copies of the decision have been filed with the Plann~g Board and
Town Clerk are required~
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10.5 Amendments to Zoning Bylaw
This ~Bylaw shall be adOpted and shall be amended from time to ihue by a two-thirds vote at an annual
or special town mec~. Amendments to this Bylaw may be initiated by SUbmission of the amendment
to the Board of Selectmen by any of the' following: a) BOard of sde~hnen; b) Zoning Board of
Appeals; c) by an individual owning land to be affected bY the amendment; d) by request of registered
voters of the town pursuant to Section 10, Chapter 39 of the' Mass. General Laws; e) the Planning
Board; and f) by the Merrimack Valley Planning Commissio~
10.51 Submission of Amendment to Planning Board
Within fourteen (14) days of the receipt of an application for an amendment to this Bylaw, the Board
of Selec~nen shall submit the proposed am ~e0dment to the Planning Board for review.
The Planning Board shall hold a public hearing on any North AndOVer Town Meeting warrant Article
to amend the Zoning Bylaw or the zoning map and shall report its recommendations thereon, if any to
the Town Meeting.
Each warrant article to change the zoning map shall explidtiy state the na~e, ex-tent, and location of
the map change proposed and Shall be aca:ompanied by:
Three bladdine Prints of a diagram to scale showing and stating clearly the dimensions in feet
of the land area proposed to be changed as to zone;
Also a sketch or other explicit identification of the location of such land in relation to the
majority oftbe rest of the towr~
10.52 Public Hearing
;Within sixty-five (65) days after receipt of a proposed amendment from the Board of Selecin,en, or
within sixty five (65) days after the receipt of an application for a Special Permit, 'the Planning Board or
Zoning Board of Appeals, as the case may be, shall hold a publiC hearing notice of which shall be
published in a newspaper of general circulation covering the town once in each. of two (2) successive
weeks. The first publication may not be less than fourteen (14) days before the day of the hearing (the
date of the public heating shall not be counted in the fourteen (14) days).
Additionally, notification of thc public hearing shall be posed in a conspicuous place in the North
Andover Town Hall for a period of not Iess than fourteen (14)days before the date of the hearing.
Further, notification of the pub. lie hearing shall be sent to the Massaclmsetts Depmtment of Community
Affairs, the Merrimack Valley Planning Commission and Planning Board of' all abutting cities and
towns prior to public heating date. Notice of.the public hearing shall include: a) the time and place of
hearing; b) the subject matter, ¢) the place where texts and maps may be inspected.
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No vote to adopt the.proposed amendment .qhali be taken by the Town Meeting until the report with
recommendations by the Planning Board has been subraitted to the Town Meeting or until twenty-one
(21) days after said.hearing has elapsed without submission of said reloorts or submissions. After such
notice, hearing and report, or after twenty-one (21) days shall have elapsed at~er such hearing, without
submission of such report, the Town Meeting (annual or special) may adopt, rej~t, or amend any such
proposed amendment.
10.54 Failure to Adopt
If the Town Me~g fails to vote to adOpt any proposed Bylaw amendment ~ six (6) montl~ afcer
the hearing described her~tofore~ no action ~hall be taken thereon until aRer a subsequent.public
hearing is held with notice and r~port as heretofore provided.
10.55 Repetitive Petitions
If any proposed Bylaw amendment thereto is acted upon unfavOrably by tbe Town Me~ing (annual or
spedal); it shall not be acted upon a~in for a p~fiod of two (2) y~ar~ from tbe dm of the unfavorable
action unless tha Plasming Board recommends in favor, of the petition in the r~port
10.S6 Procedural Defects
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 adoption or amendment shall be made in any legal
proceeding and no state, r~iona[ county, or municipal ottice~ shall mfase, dex!Y~ or rt~/oke 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 specif~g the
court, parties, invalidity claim, and. dFo. of filing is filed together with a copy ofthe ~on, with.the
Town Clerk within seven (7) days ~er commencement of the action-
10.57 Effect of Sub~quent Amendmment~
In the case of amendmem to this Bylaw or changes in the districts or the boundaries subsequent to the
date this Bylaw becomes effective, the fight to continue the use or maintenance of any building,
structure, or premises which wu lawful when such amendment or chan~ except as provided by
statute, specific: that construction or operations under a building permit or Special Permit sba!!
conform to any subsequent amendment unless the use or construction is co~ within a period of
not le~ than six (6) months after the issuance of the permit, (the date of issuance ~all be considered to
be the date on which the building permit was issued or in the case of a Special P¢Lmit, 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 Byhw is supplementary to other North Andover Bylaws affecting the use, height, area,
': .'~d location of buildings and sixuctures and the use of Premises. Where this Bylaw imposes a greater
restriction upon the use, height, area, and location of buildings and su'uctures and the use of premises
than is imposed by other Bylaws, the provisions of this Bylaw shall control.
10.? v dity
The invalidity of any section or provision of this BylaW shall not invalidate any other section provision
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 variance9 no application on the same matte:' may be heard and acted favorably
upon for a two (2) year period unless the following conditions are met:
In the case of !) above, four (4) of the five (5) members of the Planning Board find that there are
Sl~-~fic and material changes in the conditions upon which the previous unfavorable action was based,
and descn'oes such changes in the records of it proceedings, and only after a public hearing at wh/ch
such consent will be considered and after notice/s g/ven to the part/es in interest.
/n the case of 2) above, the Zoning Board of Appeals 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 the records of its proceedings and only after a public hearing, held by the Planning
Boar~ at which consent to allow the petitioner to re-pefitioa the Zoning Board of Appeals will be
.considered and ~er notice is given to parties in interest and only with four (4) of the five (5) members
of the Planning Board voting to gram consent.
10.9 Withdrawal Without Prejudice
Any petition for a variance which has been uansmitted to the Zoning Board of Appeals or any
application for a Special Permit which has been transmitted to the Planning Board may be withdrawn,
::a~a'thout prejudice, by the petitioner prior to the publication of notice of a public heating thereon, but
~thereaz%r 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 DEV~LOPMENT DISTRICT
11.1~ Jurisdiction
The Planning Board may grant a Special Permit 'for con~cfion ofa PDD in the following district: I-S.
The Special Pemfit shall conform to this BylaW and to G.L. Cbnpter 40A, Sectiong, and to regulations
which the Planning Board shall adopt for carrying out its duties hereunder. Except as set out
hereunder, or in the Planning Board's regulations, or in a specific permit granted hereunder, the
provisions of the Zoning Bylaw shall continue to gover~
1'1.2 Purpose
The purpose of the PDD District is to provide for a mixture of land usage at designated locations at
greater density and intensity than would normally be allowed provided that said land usage:
1. Does not deU-act from .the livability and ~¢ qualities of the environmem.
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Is consistent with the objectives of the Zoning Bylaw.
Promotes more efficient use of land while protecting natural resources, such-as water
resources, wetlands, flOodplaim, and wilal~e.
Promotes diverse, energy-efficient housing at'a variety of costs.
Procedures
1. Pre-Application Conference
Prior to the submission of an application for a Special Permit, the applicant at his option may confer
with the Planning Board to obtain information and guidance before entering into binding commim~mts
or incurring substantial expen~ in the preparation of plans, surveys, and other data.
2. Submission of Prelimin~ Plans
The applicant shall file a preliminary plan accompanied by the form titled "Submission of Preliminary
Plan, Planned DeveloPment" to the Planning Board at a re~,l~-'iy scheduled meeting. A copy of the
preliminary plan and the above form shall also be filed in the Office of the Town Cledc
The Planning Board, within sixty (60) days from receipt of the plan by the Town Clerk, shall review
and determine whether the proposed project is consistent with the most suitable development of the
town. The Planning Board may suggest modifications and changes to the preliminary plan in
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anticipation ofthe filln~ ofthe definitive plan. IfthcPlanning Board falig to act within sixty (60) days,
the applicant may proceed to file his definitive plan.
· Contents ofPreliminarv Plan: Plarmed Development District:
Planned Devdopment Boundaries, north point, date, scale, legend, and title
"Preliminary Plan: Planned Development:, the name or names of applicants, and
engineer or desi.gner.
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 meets, ways, easements, and of
any public areas within or next to the Planned Development.
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 topography of the land 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 ndghborhood in which the tract lies, including utilities and other
public facilities and the general impact of the proposed PDD upon them.'
i. A suramary 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 twdve (12) copies thereof~
Contents of Definitive Plan:
The application'for a Special Permit and Site Plan Review shall be accompanied by the original copy of
the definitive plan and other data required to be submitted in triplicate and shall contain the following
data:
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All items in "Contents of the Preliminary Plan:. Planned Development Dish-ia' (a through and
including i) shall be incorporated.
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.
b. The Plan shall be prepared by a land mrveyor, p~:of_~__~onal engineer, or architect.
¢. The scale, date, and north arrow shall be showr~
The plan shall be ce, Rifled by the land surveyor doing the boundary survey and the
professional engineer or archite~t on the location of the buildings, setbacks, and all
other required dimensions, elevations, and measurements and sl~ll be signed under the
peaatti~s of perjury.
The comer points of the lot and .cl~ange of direction of lines shsll be marked by stone
monuments, cut in stone, stake and ~il. iron pin, or other marker and shall be so
marked.
h.
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Lot number, dimer~ions °flot in feet, size of lot in square feet, and width of abutting
streets and ways.
F. as~aems within the lot and abutting thereo~
The location of exi~ih-~g or proposed buildings on the lot.
The location of existing wetlands, water bodies, wells, 100 year floodplain elevation
and other natural features requested by the Planning Board.
The dimensions ofthe existing and proposed buildings in feet.
The distance of existing and proposed buildings from the lot lines and the distance
between buildings on the same lot.
Percent of the lot coverage.
Average fi~i~ed grade of each proposed building.
The elevation above average finished grade of the floor and ceiling of the lowest floor
of each proposed building.
Existing and proposed topographical lines at two (2) foot intervals.
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The use designation of each building or part thereof~ and of each section of open
ground, plata, or usable roof space.
q. Numbering of parking spaces.
r. Height of all proposed buildings, above average, finished:grade of abutting streets.
s. Number of apartments, meeting rooms, and restaurant and theater.
Total square feet of floor space of all landscape and recreation areas,-and depiction of
matefialsto be used (grass, 5-foot shrubs, etc.)..
Deed or other recorded instrtunent that shows the application to be the owner or
owner under option of the land to be designated as a Planned Developme~t~
!1.4 Minimum Requirements
The Plan shall be subject to th~ following conditions an the Planning Board shall make a determination
that the project meets all the following conditions:
1. The project is consisteaai with the purposes set out in Section 2.
If more than twenty-five percent (25%) of the PDD is located within a residential district, at
least tiff:y-one percent (51%) of the building area and accessory facilities in the PDD shall be
used for residential purposes.
Ingress and egress for traffic flow is designed properly so that there will be no serious baTard to
vehicles or pedestrians.
4. Adequate parking facilities are provided for each use and shucture in the devdopment.
Major facilities or functions which require citing within scenic areas are designed to be visually
compatible with the natural or historical characteristics.
The project does not adversely affect the natural environment to the detriment of community
character and public health and safety.
11.5 Permitted IJse~
In a Planned Development District, the following uses are permitted:
1. Residential
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Detached 1, 2, or 3 family residential structures.
Apartment Houses
Town Houses
c. General retail sales and serv/ce (except retail sales.of automobile, mobile homes, house
trailers and except automobile service station).
'd. Banks and ~. ~ services.
e. Business and professional offices.
f. Persoml se~ic~.
g. Recreation
3. Indust~ Use
a. Any uses which the Planning Board det~ne~ are not injurious to the safety
general welfare of the area.
11.6 Are~ Regulations
PDD Site
No PDD shall be permitted on a site oriels than 60,0~0 sc~_~e feet.
Us~Me Opea
In ail PDD°s, at ~ twenty percent (20%) of ~he land shall be set a~ide as permanent usable open
space, for the use of the PDD residents, or for ail PDD user~ or for the community. The required
open spa~ shall b~ 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 ~ conservation restriction as required by G.L Chapter 40A, Section 9 for common open
space in duster developments. A covenant shall be plac~l on the land such that no part of the PDD
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can be built, sold, or occupied until such time as a satisfactory written agreement has been executed for
protection of the open space.
~etb~ck Requirements
Insofar as the PDD abuts a residential dibhict, all proposed structures and facilities within the PDD
shall be set back not less than twenty-five (25) feet fi-om adjacent property lines or adjacent street lines
where the PDD shall be separated or shielded ~om adjacent property lines by means of a buffer,
fencing, setbacks, or appropriate landscaping.
11.7 Relation to Subdivision Control Act
Approval of a Special Permit hereunder shall not substitute for compliance with the Subdivision
Coahol Act, nor oblige the Planning Board to 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 exisfin~ 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.
SECTION 12 IARGE ESTATE CONDOMINIUM CONVERSION
12.1 Purpose
The purpose of this subsection is to permit existing buildings or large tracts of land in Residence
Districts 1, 2, and 3 to be converted to single family condominium dwelIing unit compatible with such
residence districts, to create new housing involving relatively little new construction, to generate tax
revenue to the Town, to preserve existing buildings, to preserve the residential character of the Town
and to preserve open space in the Town. Ia order to provide for development that is compatible with
Residence Districts l, 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 Requiremenia
Properties meeting the following requirements shall be eligible for consideration for a condominium
conversion Special Permit:
1. Parcels with one (1) or more existing buildings in a Residence 1,2, or3 District ofnot less than
ten (10) acres and with not less than one hundred and fifty (I 50) feet of frontage on. the public
walt.
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Any dwelling located on a lot of record as of April 24, 1982 may be cknverted, to condominium
dwelling units.
The total number of dwelling units that can be created under a condominium e. onversion
Special Permit shall not exceed n-2, where "n" is the number ofacres in the pared.
Each condominium dwelling unit shall be an independent dwelling unit intended for use by a
single family, with its own bath ~xt toilet facilities and its own kitche~ The average square
footage of the interior living space of the units shall be not less than eight hundred and ~
(850) square feet per unit.
No building (including beth buildings converted to condominium dwelling units and other
buildings not converted to cx/ndominium dwelling units)shall be ~ enlarged except
with the approval of the Plarming Board, and in no event shall such enlargement add to any one
building more floor area than a num~ 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 calo~l_a__fi_ons of floor
area.
· No new building for dwelling purposes may be built on the pared. New structures may'be built
pursuant to paragraph $ (b) below~
Parking requirements are subject to Section 8 of the Zoning Bylaw.
For the purposes of this subsection, "open space" shall mean all the land on tho parcel:except
that land occupied by buildings to be converted to condominium dwelling units and e~isting
buildings to be used for parkin4 purposes. To insure that prev~v~on of oPen space, the
following requirements shall be met:
Open space may be used for the following purposes: flower, gardens, gardens,
landscaping, required parldng, road ys for the
development, underground utilities, recreation not requiting any fadlity or: ~hucture,
and land left in its natural state. The open space may be used for other purposes.
permitted' in the residence di~hlet if approved by the Planning Board as co~_qi~ent with
the condominium development and.character of the ndghbothood.
On open land all fadlifies and smactures for ~ry ~ (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
subject to the approval of the planning Board as to their number, design, locations,
uses, and sizes; provided, however, that all such facilities and structures, including
roadways and driveways, shall not involve the use of more than twenty percent (20%)
of all of the open land on the pared.
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All new utilities, including wiring for lights on open space, paths, and driveways, shall
be placed underground.
12.3 Contents of Application
An application for a condominium conversion Special Permit shall include the following:
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, parkin~ recreation fac'flities,
utilities, and accessory fadlities and structures.
Proposed Bylaws.
3. A sample proposed Unit De~l.
A locus plan showing, the parcel and all 1~ hnmed~ely adjacent thereto, including nearby
buildings and structures.
5. . Such other plans, photographs, models or devations as the Planning Board shall reasonably
deem necessaxy or appropriate to hdp understand the proposal:
12.4 Change in Application
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 facih'ties or structures thereon, shall not be permitted except upon an
amendment to the Special Permit which shall be upon l~tltion of the Planning Board and.after a public
hearing (with the provisions of Paragraph 12.5 applying) and upon a finding by the Planning Boardthat
the proposed change.or changes do not substantially derogate fi.om 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 M'a~er Deed, and plans to be recorded therewith, and
Bylaws, as they are to.be initially recorded, which final plans, Master Deed, plans and Bylaws shall all
be substantially the same as those approved with the Special Permit in all respects material to
considerations relevant, m the Special Permit, in which case the Chairman of the Planning Board shall
endorse copies of such final plans and tach Master Deed, plans and Byhws 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 the Special Permit shall be
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required for those matters specified in Paragraph t2.4 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 ~ District (s) with greater flexibility from the pattern otherwise permitted in
SECTION 13 CONTINUING CARE RETIREMENT CE_WrER
13.1 Establishment
There is establL~hed a Continuing Care Retirement Center (CEIl.C) as it p, aa,iiitd use under the Special
Permit provision of this Bylaw. 'Such permitted use may only be althodzed in ~ Residence 2 and
Village Residential Districts. A CCRC parcel may include an adjoining parcel of land which is in the
Residential-I District, providing that no develbprnem shall be permitted in the Residential-I portio~t
The authorization will empower the Planning Board to review and approve a definitive plan under the
Special Pcamit provisions in Section 10.3 and as in otherwise provided for in this sectio~ A CCRC
shall include a nursing home care'facility and .congregat~ honsing unit~ and may also include
independent dwelling units ancJ. assisted living units. A CCRC may also only include any or all.of the
foregoing housing types provided it is affiliated with a nursing home.
13.2 'Purpose
The purpose of the CCRC is to provide for the development and use of speciaiiTed housing and
nursing care for the etdedy 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 inteiaded
to creale health care, inch-~ding home health care~ hou.qlng and otb. er supportive services designed to
meet the needs of the elderly population and to enable that population to live independently. It is
fia'ther intended to encourage the preserofion 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 alteria,~Ve to existing nursing and housing po~es for the
elderly, the CCRC is intended to allow for a greater mixture Of buildings, structures and uses with
regard to density than is otherwise permitted thereby allowing for the nu~ing care of the elderly and
the relief of the physical, economic and emotional stress assodated with the maintenance and care of
traditional nursing home and residential properties.
13.3 Defmitio~
b~
Nursing Care Fadlity_. 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 Mas.mclmse~ Depa~ Unent of Public Health.
Como' _egate Housing_ Units. Dwelling units providing private or communal living for elderly
persons who ordinarily are ambulatory and require no or limited medical attention or
supelwisiOll.
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13.4
A.
Such dwelling units shall consist of a room or group of rooms rotating a habitable unit for one,
two, or three persons, with facilities used, or intended to be used, for living, bathing cooking
eating and sleeping
Inde_~ndent Dwelling Unitq. Dwelling units similar in character and use to congregate housing
units and providing elderly residents of such units with access m all supportive services
provided in congregate housing .units. Independent dwelling units may only consist of
free-standing buildings which contain up to five (5) dwelling units per structure..
AssistS. Dwelling units for dderly individuals or couples in ne~ of assistance
with activities of daily living. Such dwelling units may not include facilities for cooking or
eating.
Elderly. A single person who ia 62' years of age or old~ or two or more p~sons sharing a
household, the older of whom ia 62 years of ag~. or older.
Wetlands. Any area within a parcel oflandlin a CCRC falling within the definition contained in
Chapter 131 of. the General Laws of Massac.,lmsetts as amended from time to time, or any
regulations promulgated pursuant to said chapter.
~Health Care_. Medical and therapeutic services provided to residents in their dwelling
units,
permitted Uses
Principal uses. Tbe following uses shall be peq~iitted in a CCRC:
1. Nursing care facilities;
Congregate houong units;
Independeut dwelling units;
4. ga,dated living units;
Home health care;
Facilities for supportive services, including, but not limited to medical, rehabilitative,
recreational, social, and nutritional programs, dining and function rooms, kitchens
facilities and laundry facilities.
These and others shall be designed for the primary use of residents. SuCh supportive
services may not be designed or used as a general bu._al_ness for the larger community of
North Andovex and environs.
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Any other use deemed reasonably necessary or ancilla by the P r r Board to
facilitate the uses described above, meaning and intending to pemfit those services and
pro~-ams a~stomarily offered in CCKC.
Standards and Re~trictiom
&Cmimum Lot Size. A CCRC shall be pmnitted o[fly within a lot: containing a total area
of not les~ than meaty-tim (25)acres. existing public or private ways need not constitute
boundaries of the lOt, but the area within tach ways shall not be c.~mted in detea-o~ining
minimum lot size: As used in Section 13, parcel and lot shall have the ~ame meamg.
Permissible Density. Unless in compliance with the bonus densi~ provisions of subsection 6.,
the dwelling urdt density shall not exco~t_' 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 ina parcel which is
located w~thin the V'dlagc Rc~idc~nfial Diahlct exclusive of the nursing care 'facility. When a
· ~ is. located in a .combined portion of either the Residential-2 and Residential-1 or the
Village Resid~ and R~id~-I :Districts, a density factor of 2 units per acre shall be
applicable to the portion in the Residenfial-I DistricL However, in no instance shall any
development such as the cor~haction of building, roads and parking lots be l:~mitted in the
Ri~ai-1 District nor shall any'developm~t in Reside-2 or V'dlase Re~'denfial DisLdct
adversely impact the Residential-1 District. For parcels which are located in a combined
portion of the Residential-2 and Villa,ge Reiidenfial Di,sh-icts, tile penni~'ble densit~ for each
District shall be applicable. Also, in no event shall the total number of independent dwelling
units exceed fifteen (15) percent of the total number of dwelling units otherwise allowed in any
CCRC pamel. Further, in no instance shall the Floor Area ration of the entire project exceed
0.25, nor shall the total number of dwelling units exceed 250 for any parcel regardless of total
acreage or density bonuses provided under paragraph 6.
Maximum Lot Covera~. In no event ~all the maximum lot coverage of buildings and
shuctures exceed twenty-five (25) percent.
Perimeter Setback The setback-area is intended to provide a perimeter greenbelt
around the CC'KC except for mad and utility crossings. No building or other structure
shall be located within one hundred (t00) feet of perimeter lines of CCRC parcel.
Common open spare lying within a s~tback area shall q,;~ii~y a~ t~,l~lllng this
requirement. A perimeter landscaping plan shall be mbmitt~ to the Planning Board
for its approwal provided that nothing s~ll prevent the comb-action of walls and
fences. The Planning Board may authorize or require landscaping in the Residential-1
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District if it is consistent with the objective of screening the CCRC from existing or
potcatial r~sid~atial development.
~ll~l~_t_t_t_t~. Frontage on any public street or way shall be one hundred filly
(150) feet, em:ept on Route 114 where for reasons of public safety, the minimum
fi-enrage shall be two hundred fifty (250 feet).
~ll~ll:I~f~. The height of any ~m~mre shall not exceed three O) stories and in
no event more than thirty-five (35) feet, excluding bulkheads, chinmeys, 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 Spac~ l_and within the CCRC pared or lot which is aot Sl~qfically
for the support of the CCKC facilities and which is not covered by buildings, roads, driwway%
parking a-cas, or servi~ areas which is not s~t aside as private yards, patios or gardens for
residents shall be Common Open Space. Further, all Common Open Spac~ shall be open and
unobsUacted to the sky;, flagFol~s, sculptu~ b~acl~s, swimming pools, teanis courts, atriums,
flees and similar' objects shall not be considered obstructions. The area of Common Open
Space shall equal at least fifty (50) percent of the total area of the CCRC parcel or lot and no
more thantwenty-tive (25) percent of the minimum required Common Open Space shall be
situated within~.wetlands. The Common Open Space shall hav~ a shape, dimension, character
and location suitable to enable its enjoyment and use for conservation, recreation and
agriculture purposes by the residents of the CCRC.
Further a permanent conservation re~aiction of the type descrt3ed in MGL Chapter 184,
Section 31, Cmduding future amendments thereto and cori'esponding provisions in future laws)
running to or:eaforceable by the Town shall be recorded in respects to the Common Open
Space. Such restrictions shall provide that the common open space shall be r~sined in
perpetuity for on~ or more of the following uses: conservation, recreations or agriculture.
Such reswiction shall be ii1 a form and substance as the Planning Board shall prescribe including
the ~ent of said conservation restriction by the Town Conservation Commission,
Trustees of Reseo~atio~ Essex County Greenbelt Assodation or other agency or body, all as
subject to the approval of the Planning Board.
Parking. The minimum number of parking spaces provide in connection with the uses
permitted under this section shall be as follows:
Nursing Care Facility. One parking space for every sleeping room for single or double
occupancy.
Congregate Homing Assisted Homing and Independent Dwelling Unitn One parking
space for each unit
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13.6
· The planning Board shall have ~ discretion to waive the applicanfs compliance v~th these
parldng requiremet~ provided that the applicant's plans demomh~e the capacity to fully
comply with all other requirements of Section 13.
Public SafetY.. The Planning Board shall require all cCRc applications to include statements,
drawin~ and/or plans indicatinE that all applicable pubi/c safety ('mcJudin~ fire safety and
suppression devices) have been provided as requ/red by law. Further, in recognition of the
unique requirements of the elderly for protection against the b_~_~,~,ds due to fire, applicants are
advised to incorporate sprinkler systems in accordance with provisions of the National Fire
Pwteaion Assodation (NFPA 13D).
Public sewer. All CCRC projects shall be connected to the.public sewer system The North
Andover Department of Public Works shall review all proposed sewedn~ plans and report as
to their ad~ey to tl~ Plarming Board.
BonUSe~
Afforanble Housing_. For all CCRCs the total nun/~ of.allowable dwelling units may be
increased upW 50%, if the applicant designates at least 10% of the total number of units for
uses as affordable housing units. Such units may be teated, sOld or otherwise provided to
elderly persons qamlifled to receive federal or state rental a,~istance or subsidies for reducing
mortgage payments in accordance, with income and assm limitations established by the
authorizing state or federal agency. The applicant may choose to meet affordable housing
sales prices or eauy feed for units which are determined to be generally consistent with those
established under the various subsidy prog~-ams. For this purpose, the Planning Board in
sales price or eahy fee in order to meet the requirements for atfordable housing. Such units
shall be wslntnlned as a/fordshle, housing units for the life of the CCRC development.
In the event that the applicant is unable to meet its obli/ations in the manner prescribed above,
or as an alternative program, the Planning Board may allow the applicant to contn~oute funds,
in lieu of housing units, to the: Town, Housing A_.~hority or any public or non-profit agency
which is authorized to' devdop or sapport affordable ho~,~ng for the elderly. The rate of
contribution shall be two (2) dollars per sq,,~_re 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 rderenced section of
the Bylaw.
Open Space, The total number of allowable dwelling .nits may be increased by 15% if the
proposed CCRC provides 75% usabie open space consistent with the definition of open space
in this sectiov_ 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.
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13.7
a.
Approval
Facilities proposed to be built in a CCRC shall be subject to the following procedures:
1. The applicant shall be required to meet with the Planning Board to discuss the
provisions of Section 13 and other referenced Sections, the eleme~ of the proposed
development and the requirements and specific provisions of the Preliminary site plan
to the Planning Board for its review and recommendations,
2. The applicant will be required to ' "
, subrmt a. Definitive Plan" in accordance with the
applicable provisions of Section 11.3~ The Planning Board may issue a sPecial peanit 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 1~__~ ,lafions The requirements of the special permit in no way or
manner release the app.licant ~om the requir6ments of the Subdivision Regulations of the North
Andover Planning Board.
Density_ Bonus Limitatinn.q The. use of all density bonuses provided herein may not exceed
50%.
SECTION 14 INDEPENDENTLY ELDERLY HOUSING
14.1 Establishment
Independent Elderly Homing shall be permitted use under the spedal permit provisions of this Bylaw in
the Residential-3 District. The Planning Board may review a definitive plan under the special permit
provisions in Section 10.3 and as is otherwise provided in this section.
14.2 Purpose
The purpose of an 'Independent Elderly Housing special permit is to provide an alternative and
supplement to the traditional forms o£elderly housing promoted by the Town. It is further intended to
encourage the preservation of open space; and to preserve the Town's residential, character.
14~ Defmifion
Independent Elderly Housing is a multi-family residential structure, each dwelling unit with separate
access; restricted to individuals and couples 55 years of age and older, but not excluding physically or
mentally handicapped individuals.
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14.4 . Permitted Uses
14.5 Standards and R~-'~rictlons
a~. [Vfmimum Lot Size: A single lot at least 10 acres.
~ Four dwelling,mits per acre, wi&no more than eighty (89) dwelling units
in any one independent elderly housing development, or not more than one hundred (100) in
the event of compliance with the provisions of ~h 6 below (Dens~ Bomis); and in no
installce ~all the maxi~lm FAR exceed 0.20.
Maximum-Lot Coverage: In no' event shall the maximum lot cove~-age of buildings exceed
twenty-five percent (25%).
d. Setbacks:
P.--' _eter Setback: The setback area is intended to provide a perimeter greenbelt
around any independent elderly 'lxp,~inE developmm~t except for roads and utility
crossings. No building or other structure ,~hall be located within one hundred (100)
feet of the perimeter lot lines of an independent elderly ho,,6ng development.
~ Front~: Frontage: Frontage on any public street or way shall be one
hundred fifty (150) feet, except Route 114 where for reasons of public safety shnll be
two hundred fitt,/(250) feet.
Maximmn H '_e'e'e~: The height of any stmmu'e shall conform to the height requiremem
of the R-3 District
Common _Open S_rmce: All land within the parcel or lot which is not specifically reserved for
the support of ~ units and which is not covered by buildings, roads, driveways, parking
aras or service areas, or which, is not set aside as private yards, patiosor gardens for residents
shall be common open space; Further, all common open space ~all be open and unob~hacted
to the sky, ttaspol~ smlpmr~ benches, swin~-r~,-~ pool~ tennis ~ atriums, uees and
similar objects shall not be considered obstructions. The area of common open space shall
equal at least fitb/(50) percent of the total area of parcel or lot and not more tl~n twenty-five
(25) percent of the mininann required 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 use for conservation, recreation ~.d agriaflture pmt~ses by the
residents. Further, a pennanent conservation restriction of the type descn'bed in MGL Chapter
184, Section 31 ('mclud_ing future amendme~ thereto and corresponding provisions in fiiture
laws) running to or enforceable by the Town shall be recorded in respect to the common open
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space. Such restrictions shall provide that the cortiinon 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 Plaming Board shall prescribe including the
management of said conservation re~ulction by the Town Conservation Commission, Trustees
ofP, eservations, Essex County Greenbelt Assodation or other agency or body, all as subject to
the approval of the Planning Board.
f.. Parking: Two off-street parking spaces per dwnlling unit
Public Sewer:.._All projects shall be connected to the public sewer system. The North Andover
Department of'Public Works shall m-view all proposed s~wering plans and report as to their
adequacy to thc Planning Board.
Approval: Facilities and/or units proposed to be built as Independent Elderly Housing shall be
subject to the following procedures:
The applicant.shall be required t~ meet with the Planning Board to discuss the
provisions of Section 14 and the rderenced section, the dements of the proposed.
devdopment and the requirements and s'peeific provisions of the prelimina~ site plan
The applicant shall submit a preliminary site plan to the Planning Board for its review
and recommendations.
The applicant 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
it determines that all of the applicable requirements for independent elderly housing
have been met and the definitive plan is generally consistent with the preliminary site
+
Relationship to Subdivision Regulations: The requirements of the special'
permit in no way or manner release the applicant from the requirements of the
Subdivision Regulations of the North Andover Planning Board.
I 14.6 Density BonUs
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Afforrlaht~: For all Independent Elderly Housing the total number of allowable
dwelling unitsmay be increased by 25% ffthe applicant designates at least 10% of the total
number of units for use as affordable elderly housing units. Such units may be rented, sold or
otherwise provided to elderly persons qualified to receive federal or state rental assistance or
subsides for reducing mortgage payments in accordance with income and assets limitations
established by the authorizing state or federal agency. The applicant may choose to meet
affordable housing requirements directly by otilizirlg similar income and assets stan~dards and
establishing rents, sales price of ent~' fees for units which are determined to be generally
consistent with those established under the various subsidy programs. For this purpose, the
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Planning Board in consultation with the Housing AUthority, may establish tl~ rent, carrying
charge, maintenan~ fee, sales price or entry ~ee in ord~ to meet the requiveme~ for
afford_..hle Imusing Sueh units shall be maintained as affordable ho,~.~ng units ~r the life of the
olndependeflt Elderly Horsing devdopment. In the event that the applicant is unable to meet its
bli~ations in the manner presm~aed above, or as an altemative prograng the Planning Board
may allow the applicant to cocafibute funds, in lieu ofhcm6ag units, to the: Town, Housing
Authority or any public or non-profit agency which is authorized to develop or support
affordable elderly ho-~qg, The rate of contribution shall be two (2) dollars po'. square toot 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 Of this or other referenced sections of this Bylaw.
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TABLE 1
SUMMARY OF USE REGULATIONS
A~ncu~ural Use'
Auto Sew~oe Sla~n'
Auto & vet',~Je Reoalt. Body Shop
8u.~.e~.~ & CY~e¢ Of'Fa:es
Public Guilding of Use.
Re~ Res V',". Res. Res Res 8u~. 8u.. 8u~ Bus: V',,II. Comm.
1,2.3 4 S 6 I 2 3 ·
yes yes ye~ ye~ ~ yes yes yes ~ rm
yes ,,,no yes no no
n~ na no yes n~
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In All dis~Zt excemt Village Commerc',~ front setbacks along Route 114 shall be a minimum
of I00'. Front setbacks shall be 10(Y along 125 in Industrial I and 2 Di-~hlets; the first 50' of
fi-ont 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 t 5 feet 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 parry wall.
Adjacent to residential districts, the required side or rear setback shall be 1t30 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.
ff an enclosed parking structure is provided, lot coverage may be increased up to the mount of
such parking area bm n.o,t exceed a total co,)i~age 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. [~aimum lot size for an apa~/ai~ent
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:
N~rnum Street Fromage:
IVfinimum Front Setback:
18 Feet
30 Feet
Minimum Side Setback:
None required where a party wall is
constructed between units; otherwise a
25 foot side setback shall be provided.
1W_mimum Rear Setback:
Maximum Floor Area Ratio:
Maximum Lot Contiguous Units:
30 Feet
1.20:1
I0
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.
10.
11.
12.
13.
Any road providing access to townhouses or lots intended for townhouses shall
conform to the Subdivision Control Regtflatioos of the Planning Board.
Any road providing act, ess to more than 18 apartmer~ dwellin$ 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 pen'nit in
such cases, the Building Impeetor shall obtain a'report fi'om the Planning Board on the
extent of such conformity.
d. Maximum height (apartment building): 40 feet.
e. Maximum stories of living quarter~ (apam,'~ent building): 3.
f. Maximum units per structure (ap~u uuent building): 18
In Residence 4 Di~hicts only, front setback may be l~e average of all front setbacks of dwelling
units within 250 feet on either side oflot. Bifildings on comer lots shall have the required front
setback fi.om both str~.s except in the Residence 4 Diahlcts, where setback from the side
street sb~U be a minimum of 20 feet
Nursing and convalescent homes shall have al least 600 square feet of lot area per bed.
l~rmimum lot size for such homes in R 1, R 2, and R 3 Districts shall be 2 acres.
Where a public ~ disposal site is the primary use, the setback area shall be used to
provide a screening, natural or artifidal, from adjacent residential use of public roadway.
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.
If multi-family smactures 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
accelxable to the Town, the allowed demity in the ~rtllage Residenl/al Zone shall be one
dwelling trait per acre and said dwelling and assodated lot shall conform to all the regulations
consistent with development in the R-2 Zone. Further, under no circumstances shall
rraflti-family development be allowed in the ~fffllage Residential Zone, regardle~ 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
fi.ontage shall be 250 feet.
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14.
15.
The dimensional criteria described in the table below applies only to detached single family
development. Multi-family structures'developed in this di~uict shall be subject to all criteria
applicable to multi-.family developments as stated in Section 8.5. However, in no instances
shall the bonu9 density subsections of Section 8.5 apply in the V'fllage Residential District.
Ia accordance with the procedures and regulations set fot/h 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. ii. (excluding
basements) of the resulting gross floor area be deeded to the Town for public use purposes;
that at 1east 2,500 sq. ii. of said area be located at street level,-and that the entire square
footage, exclusive ofbasemems, 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 shall be allowed on' the usable open
space.
All 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 wid~
Further, no more than 25% of the total area required for open.space shall be a wetland area,
and no permanent or standing waterbedies shall be calculated as 'part of the required open
space.
17. Village Commercial Dimensional Requirements
Setbacks
Objective: The setbacks have .been determined and arranged in such a way as to Promote a quality
development which lends itself to the surrounding community in an unObstmctive manner.
From setbacks for structure along Route 114 shall be a minimum of 50', all of which
shall be used as an effective visual buffer. No parking shall be allowed within that 50'
bt~ffer. Any roadways or drives within that 50' buffer shall be as necessary for access
only.
When adjacent to a Residential Disuict the minimum setback shall be 40', with the tit-st 25'
remaining as an effective visual buffer. The Planning Board may .allow the minimum
setback adjacent to a Residential Di~ui~ to be reduced to 25! providing that the maximum
height of the proposed structure be 25', not to exceed one (t) story. Further, for every 1
foot that the structure is moved closer than 40' to the Residential Property Line the
FN 1.3
" Town: ofNortlr-A-ndover Planning Board
Three (3) copies of the application
Eight ~ copies of the pla~ Plan at a scale of 1" = 40' and prepared by ·
architect, landscape architect or engineer registered in the Commonwealth of
~etts, See appropriate section of the North Andover Zoning Bylaw for more
detailed-ihf'ormation
Filing Fee ($100) ami Plan Review Fee ($2,000).
Lig of Po.eries of I~terest (abutters) cer~ed bythe Assessor's Office. See attached form.
WriRe~l doo~mentation - legibly ~itten or typed. ~morandum setting forth in detail all
facts relied upon for submittal of the apPlicatiOn .
The Planning Office will send the leg.~ I notice to the newspaper. The newspaper w~il bill the
applicant dire~___~y for the coSt ThePlanni~ Office wtl also notify the ab~er~ and wtl bill the
applicant for the coSt
See specific section of the North Andover Zoning Bylaw as Ii.sled below for more detailed
List of Special Permits issued by the Planning Board:
Access other th.n over the Sixeet Frontage (7.2)
Common Driveways (2.30.1)
Congregate Housing for'Elders (4.122 (21)) .
Continuing Care P. etirement Center (13 )
Frontage Exception Lots (7.2.2)
Independent Elderly Housing (14)
Large Estate Condominium Conversions (12)
Planned Development Di=b-ict (11)
Planned Residential Development (8.5)
R-6 Density (4. t25)
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Town of North Andover Planning Board
Please type or print clearly.
1. Petitioner:
Address:
Telephone amber:.
Owners of the Land:
Address:
Telephone number.
Number of years of ownership:
If applicant is not the owner, please state interest in property:
Request for a Spec/al Permit under Section of the North Andover Zoning
Bylaw to
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Location of Property:
Zoning District:
Assessors: Map:
Regist/y of Deeds: Book #::
Existing Lot:
Lot Area (Sq.Ft.):
Street Frontage:
From Setback:
Floor Area Ratio:
Lot #:
Page #::
Proposed Lot (if appliCable):
Lot Area (Sq.Ft.):
Street Frontage:
Front Setback:
Floor Area Ratio:
Building Height:
Side Setbacks:
Rear Setback:
Lot .Coverage:
Building Height:
Side Setbacks:
Rear Setback:
Lot Coverage:
T. .... Re/ibired Lot (ss required by Zoning
- : ' i ' :
Fro~ S~ari:. '
Floor Area RatiO: Lot Covet-age:
$. Ezisting Building (if applicable): -
Ground Floor (Sq. Ft.):
Total Sq. FL: ' Height:
Use:~ ~ Type of Construction:
Proposed Building:
Ground Floor (Sq. Ft.):
Total Sq. Ft.: ~ Height:
Use: ' . TI/pc. of Cons~c~on:
Iq'~-~ there been a. previous al~li¢~_tion for
10. these premises?' .If'so, when and for what
11. Petitioner and Landowner signature(s):
Every application for e. Spec/al Pernit shnll be made on this form which is the omc/al'form
of the Plannin~ Board. Ev. ery application shall be filed with the Town Cleric's Office. It
shall be the responsfbility of'the petitioner to furnish all supporting doca~mentatiOn with
this application. The dated copy of this application received bythe Town Cleric or
Planning Office does not absolve the applicant ii-om this responsibility. The petitio._ner
shall be reSPOnsible for all.expenses for filin~ and le~l notifcation, l~ailure to comply '
with application requirements, as cited herein and in the Plannintt Board R~I. es and
ret~dagons may result in a dismissal by the
incomplete. '
Petitioner's $igm, tm'e: .... '
Print or type name here:
Owner's Signature:
Print or type name here:
Preliminary Plan, Modification of a Preliminary Plan, Modification
of a Definitive Plan, or Modification of a Special Permit shall
require the following initial Project Review Fee:
ProjeCt Size Fee
02-15 Lots/Units
16-20 Lots/Units
21-25 Lots/Units
$2,000
$3,000
$4,250
More than 25 Lots / Units $5,000
Definitive Plan shall require the following initial Project Review
Fee:
:cia! Per, it
Project Size .Fee
02-15 Lots/Units
·16-20 Lots/Units
21-25 Lots/Units
> 25 Lots/Units
$12,000
$4,000
$6,000
$10,000
(excluding site plan review) shall require a minim,,m of
$2,000 for the initial Project Review Fee. Depending on the
complexity of issues presented, additional fees may be required.
Site Plan Review Special Permit shall require
following initial Project Review Fees:
the
Project Size Fee
< 10,000 sq. ft' (of additional $2,000
gross, floor area)
10,000 - 30,000 $3,000
30,000 - 50,000 $4,000
> 50,000 $5',000
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Please forward a copy of the plans to the
Town"s Outside Consultant at
Coler & Colantonio
Attn: John Chessia
101 AccOrd Park Drive
Norwell, MA 02061
Postage Policy
As of TueSday March 3, 1998, all applications before the Plam~ing Board must include postage
stamps. This will replace the previous policy of the Planning Department billing the applicant
directly for the cost of postage.
Number of stamps'~= (m~mber of abutters + 2)x 2
This will cover thc cost of mailing the legal notice and the decision to the abutters, the applicant
and the engineer. '
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'Town of North Andover Planning Board
Three (3) COPIES OF THE APPLICATION,
Eight (q) coPieS of the plan. Plan at a scale of 1' = 40~ and prepared bya certified architect,
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landscape architect or engineer registered in the Commonwealth of Massachuaeita. See
appropriate section of the North Anclover Zoning Bylaw for mom detailed informati~n. ~'
Filing Fee (~,~300 plus $ cents per sq. ft. gross floor area) and Project Review Fee (baaed on
sq. ft).
Ust of Parties of Interest (abutters) certified by the Assessor's Office. See attached form.
Written documentation - legibly written or typed memorandum setting forth in detail all the
fact.l relied upon for submittal of the application.
6. The following Information must be either shown on the plan or described as pert of the
written documentation.
i a) North Arrow/Location Map
b) Survey of the Lot/Parcel
C) Name/Description of Project
d). Eaaernents/Legal Conditions
I e) Topography
f) Zoning Information
I hgI Storm.water Drainage Plan
Building(s) Location
i) Building Elevation
j) Location of Parking/Waikways
I k) Location of Wetlands
I) Location of Walls/Signs
m) Location of Roadways
I n) Outdoor Storage/Display Area
O) Landscaping Plan
ip) Refuse Areas
q) Lighting FaciliUea
r) Drainage Basin Study
$)~. Traffic Impact Study
I t) Commonwealth Review
U) Utilities
i V) Fiscal Impact
W) Community Impact
7, The Planning Office will send the legal noUce to the newspaper. The newspaper will bill,the
_. applicant diracfly for the coal The Planning OffiCe will also notify the abutters and will bill
the applicant for the coal
Town of,No~h Andover Planning Board
Please type or print clearly.
1. Petitioner:.
Address:
Telephone number:
Owners of the Land:
Address:
Telephone number:
Ni~mber o f years of ownership:.
Location of Property:
Zoning District:
Assessors: Map:
Registry of Deeds: Book #::
Lot #:
Page #::
Existing Lot:
Lot Area (Sq.Ft.):
Street Frontage:
Front Setback:
Floor Area Ratio:
Building Height:
Side Setbacks:
Rear Setback:
Lot Coverage:
Proposed Lot:
Lot Area (Sq. Ft.):
Street Frontage:
Front Setback:
Floor Area Ratio:
Building Height:
Side Setbacks:
Rear Setback:
' Lot Coverage:
Required Lot (as required by Zoning Bylaw):
Lot Area (SqYt): Building Height:
Street Frontage: Side Setbacks:
Front Setback: Rear Setback.:
Floor Area Ratio: Lot Coverage:
Existing Building:
Ground Floor (Sq. Ft.):
Total Sq. Ft.:
Use:
# of Floors:
Height:
Type of Construction:
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Proposed Building:
Ground Floor (Sq. Ft.):
Total Sq. Ft.:
Use:
# of Floors:
Height:
Type of Construction:
Petitioner and Landowner signature(s):
Every application for Site Plan Review shall be made on this form which is the official
fom~ of the Planning Board. Every application shall be filed with the Town Clerk's Office.
It shall be the responsibility of the petitioner to furnish afl supporting .documentation with
this application. The dated copy of this application received by the Town Clerk or
Pl~nlng Office does not absolve the applicant fi'o~ this responsibili~._. The petitioner
shall be responsible for all expenses for 6ling and legal notification. Failure to comply
with application requirements, as cited herein and in the Planning Board Rules and
regulations may result in a dismissal by the Planning Board of this application as
incomplete. -'
Petitioner's Signature:
Print or type name here:
Owner's Signature:
Print or type name here:
ST' OF PARTIES OF INTEREST
IBJECT PROPERTY-;
"' IPARCEL ILOT INAME
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~- IPARCEL LOT INAME
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Schedule .of Planning Board Fees
Administrative Fees
AN-R Plans
$25 plus $25 per lot line changed/S50 per new
lot created.
Preliminary Plan
$200 plus $50 for each building lot shown on
plan
Modification $75 plus $50 for each lot 'affected and for
each (Preliminary Plan) new building lot created.
Definitive PlanS200
plus $250. per lot if preliminary plan
filed/S300 per lot if no preliminary plan
filed.
Modification
(Definitive Plan]
$75 plus $100 for each lot affected and for
each new building, lot createdl
Special Permit $100
Modification/
Extention
(Special Permit)
$100
site Pian ReView
of
$300-plus $0.05 per sq. ft. gross floor area
new construction.
PRD/PDD/CCRC
Definitive Plan Review Fee plus $200 plus-$100
per lot
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Project Review Fees
Preliminary Plan, Modification of a Preliminary Plan, Modification
of a Definitive Plan, or Modification of a Special Permit shall
require the following initial Project Review Fee:
Project Size Fee
02-15 Lots/Units $2,000
16-20~Lots/Units $3,000!
21~25 Lots/Units $4,250
More than 25 Lots / Units $5,000
Definitive Plan shall require the following initial Project Review
Fee:
!
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p.roject Size
02-15 Lots/Units
16-20 Lots/Units
21-25 Lots/Units
> 25 Lots/Units
· ' Fee
$12,000
$4,000
$6,000
$10,000
"-cial PermJ. t
(excluding site plan review) shall require a minimum of
$2,000 for the initial Project Review Fee Depending on the
complexity of issues presented, additional fees may be required.
Site Plan Review Special Permit shall require the
follc.winq initial Project Review Fees:
~r0ject Size F~e
< 10,000 sq. ft (of additional $2,000
gross floor area)
10,000 - 30,000 $3,000
3Q, 000 - 50,000 $4,000
> 50,000 $5,000
Please forward a copy of the plans to the
Town's Outside COnsultant at
Coler & Colantonio
Attn: John Chessia
101 Accord park Drive
Norwell, MA 02061
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Postage Poi!cy
As of Tue£day March 3, 1998, all applications before the Planning Board must include postage
stamps. This will replace the previous policy of the Planning Department billing the applicant
directly for the cost of postage.
Number of stamps = (number of abutters ~ 2) x 2
This will cover the cost of mailing the legal notice and the decision to the abutters, the applicant
and the engineer.
OLaqr~ 1.
(Res~den~ia! A~utter)
maximam allowed height of the structure, shall be reduced by 1 foot (See Diagram 1). In
no instances shall a suucture be closer that 25~o a side or rear setback. Any roadway or
drives wit~. those setbacks shall be as necessary for access on/y.
Line
SET~ACK