HomeMy WebLinkAbout1985 ZONING BY-LAW NORTH ANOVERI
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LAKE =~-~
C0CHICHEWlCK
TED
CHU
ZONING
B.Y
LAW
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THE ZONING BY LAW
TOWN OF NORTH ANDOVER, MASSACHUSETTS
1972
Reprinted 1985
~'qCHU
PLANNING BOARD
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Section 1
Section 2
Section 3
3.1
3.2
3.3
Section 4
4.1
4.2
4.3
Table 1
Section 5
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
Section 6
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
Section 7
7.1
7.2
7.3
7.4
7.5
7.6
7.7
-1-
NORTH ANDOVER ZONING BY LAW
CONTENTS
PAGE
PURPOSES
DEFINITIONS
ZONING DISTRICTS AND BOUNDARIES
Establishment of Districts
Zoning Ma~
District Boundaries
BUILDINGS AND USES PERMITTED
District Use Regulations
Accessory Uses
Access to Buildings
Summary of Use Regulations
3
13
14
38
40
52
64
DIMENSIONAL REQUIREMENTS
Lot Areas
Street Frontage
Yards (setbacks)
Heights
Lot Coverage
Floor Area Ratio
Dwelling Unit Density
SIGNS AND OUTDOOR LIGHTING REGULATIONS
Authority and Interpretation
Purposes
Definitions
Administration and Enforcement
Allowed Signs
Sign Regulations
Prohibitions
Severabi]ity
EARTH MATERIALS REMOVAL
Genera]
Definitions
Application for Earth Removal Permit
Permits for Earth Removal
Earth Removal Incidental to Development
and Construction
Miscellaneous Removal of Earth Incidental
to Improvements
Operation Standards
Restoration Standards
Security Requirement
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Section
Section
Section
Section
Section
MAP
7.8
Table 2
8
8.1
8.2
8.3
9
9.1
9.2
9.3
9.4
10
10.1
10.2
10.3
10.4
10.5
t0.6
10.7
10.8
10.9
11
]1.1
11.2
1l .3
11.4
11.5
I1.6
11.7
12
12.1
12.2
12.3
12.4
12.5
-2-
Exceptions
Summary of Dimensional Requirements
SUPPLEMENTARY REGULATIONS
Off-Street Parking
Automobile Service Station and Other
Automotive Services
Site Plan Review
NON-CONFORMING USES
Continuance
Alteration or Extension
Rebuilding after Catastrophe
Abandonment
ADMINISTRATION
Enforcement
Board of Appeals
Special Permit
Variance and Appeals
Amendments to Zoning By Law
Conflict of Laws
Validity
Repetitive Petit~.ons
Withdrawa) Without Prejudice
PLANNED DEVELOPMENT DISTRICT
Jurisdiction
Purpose
Procedures
Minimum Requirements
Permitted Uses
Area Regulations
Relation to Subdivision Control Act
LARGE ESTATE CONDOMINIUM CONVERSION
Purpose
Requirements
Contents of App]icatJ. on
Change in Application
Review by the Planning Board
ZONING MAP
PAGE
68
73
86
93
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The purpose of this By-Law is the promotion of the health,
safety, convenience, morals and welfare of the inhabitants
of the Town of North Anodver, as provided by Chapter 40-A
of the General Laws of the Commonwealth of Massachusetts, as
amended by Chapter 808, Acts of 1975, and as they may be
further 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,
8. assisting in the economical provision of transportation,
water, sewerage, schools, parks and other public facili-
ties,
9. controlling the use of bodies of water, including water-
courses,
10. reducing the probability of losses resulting from floods,
and
11. preserving and increasing the amenities of the town.
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SECTION 2
DEFINITIONS
2.1 General
For the purpose-of this By Law, certain words or phrases
herein shalt be interpreted as fotlows, except where the
context clearly indicates the contrary: words used in the
singular include the plural, words used in the present tense
include the future tense, the word "person" includes a
corporation as well as an individual, the word "lot" includes
the word "plot" or "parcel", the word "shall" is always man-
datory, and the word "used" or "occupied" as applied to any
land or buildings shall be construed to include the words
"intended, arranged or designed to be used or occupied".
2.2 Specific Words and Phrases
For the purpose of this By Law, the following words and terms
used herein shall have the meanings or limitations of meaning
hereby defined, explained or assigned.
2.21
Accessory Use or Structure
A use or structure subordinate to the principal use
of a building on the same lot and serving a purpose
customarily incidental to the use of the principal
building.
2.22
2.23
Automobile Repair Shop
A building or part of a building in which major re-
pairs are made to motor vehicles, in which heavy
machinery is used.
Automobile Service Station
A building or place of business where gasoline, oil
and greases, batteries, tires, and automobile access-
ories are supplied and dispensed directly to the
motor vehicle trade, at retail, and where minor
repair service is rendered.
2.24 Body Shop
A building, or part thereof, used for structural
repairs and refinishing of motor vehicles for re-
muneration.
2.25 Board of Appeals
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2.26
2.27
2.28
2.29
2.29.1
2.30
-5-
Building
A structure having a roof supported by columns or
walls for the shelter, support, or enclosure of per-
sons, animals, or property.
Building Height
The vertical distance measured from the mean level of
the proposed finish grade at the front of the
building to the highest point of the roof, but not
including chimneys and spires.
Building, Principal
A building in which is conducted the main or princi-
pal use of the lot on which said building is situa-
ted.
Car Wash
An area of land and/or a structure with machine or
hand operated facilities used principally for the
cleaning, washing, polishing or waxing of motor
vehicles.
Day Care Center
Any facility operated on a regular basis whether
known as a day nursery, nursery school, kindergaten,
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-resident/al custody and care
during part or all of the day separate from their
parents or the elderly 60 years of age or older. Day
Care Center shall not include any part of a public
school system; any part of a private organized
educational system, unless the services of such
s.~xstem are primarily limited to kindergarten, nursery
o~ related pre-school services; a Sunday school
conducted by a religious organization where children
are cared for during short periods of time while
persons responsible for such children are attending
religious services; a family day care home: an
informal cooperative arrangement among neighbors or
relatives; or the occassional care of children with
or without compensation therefor. (1985/21)
District
A district or a zone shall be any portion of the
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2.30.1
2.31
2.32
2.33
2.34
2.35
2.36
-6-
territory of the Town of North Andover within which
certain uniform regulations and requirements or
various combinations thereof shall be applied under
the provisions of this By-Law.
Driveway
A way located on a 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 Special Permit from the Planning Board, a
driveway may be shared by not more than three
lots. Every such shared driveway must be regulated
by a recorded maintenance agreement running in
perpetuity with the land. [1985/25)
Dwelling
Any building Or portion thereof designed or used as
the residence or sleeping place of one or more
persons, except a mobile home and as otherwise pro-
vided herein.
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 therein (same as "apart-
ment'').
Dwelling, One Family
A dwelling built singly and apart from any other
building and intended and designed to be occupied
and used exclusively for residential purposes by
one family.
Dwelling, Two Family
A free standing building intended and designed to be
occupied and used exclusively for residential pur-
poses by each of not more than two families (same
as "duplex").
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.
Erected
The word "erected" shall include the words "built",
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2.37
2.38
2.39
2.40
2.41
2.42
2.43
2.44
2.45
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"constructed", "reconstructed", "alterec]", "en-
larged", and "moved".
Family
One or more persons occupying the same premises and
living as a single housekeeping unit as distinguished
from a group occupying a boarding house, lodging
house, club, fraternity or hotel.
Frontage
The continuous distance between lot sidelines
measured along the street line.
Guest House
A dwelling in which overnight accommodations are pro-
vided or offered for transient guests for compensa-
tion. The term "guest house" shall be deemed to in-
clude tourist home, but not hotel, motel or multi-
family dwelling.
Home Occupation
An accessory use conducted in a dwelling by the resi-
dents thereof which is clearly secondary to the use
of the building for ~iving purposes.
Hotel or Motel
A building designed for occupancy as the temporary
residence of individuals who are lodged with or
without meals and in which no provision is made for
cooking in any individual room or suite.
Loading Bay
An opening in a building not less than ten feet in
width and nine feet in height ~ncluding a platform
for loading and unloading goods, merchandise or
other materials.
Lot
An area of land in one ownership with definite boun-
daries ascertainable by recorded deed or plan.
Lot, Corner
A lot abutting upon two (2) or more streets at their
intersection.
LOt Lines
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2.46
2.47
2.48
2.49
2.50
2.51
2.52
2.53
2.54
2.55
-8-
The property lines bounding the lot.
Lot Line, Front
The l~ne separating the lot from a street.
Lot Line, Rear
The lot line opposite and most distant from the front
lot line.
Lot Line, Side
Any lot line other than a front or rear lot line.
Lot Line, Street
A lot line separating the lot from a street or alley
(usually the front lot line).
Mean High Water Mark
(Lake Cochichewick) an elevation of 113.67 on the
United States Coast and Geodetic Survey datum.
Medical Center
A building or group of buildings designed for the
individual or group practice of medicine or den-
tistry, but not including hospitals or nursing
homes.
No Cut Zone
An area where no trees, shrubs or bushes shall be
cut.
Non-Conforming Use
A building, structure or use legally existing and/or
used at the time of adoption of this By-Law, or any
amendment thereto, and which does not conform with
the use regulations of the district in which located.
Office, Business
A primary use consisting of office activities of any
type, including business and financial office activi-
ties (including banks and financial institutions)
and professional office activities.
Office, Professional
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2.56
2.57
2.58
2.59
2.60
2.61
2.62
2.63
2.64
-9-
A primary use consisting of office activities by a
doctor, dentist, architect, lawyer, engineer or
other professional person or persons.
Parking Area, Private
An open area for the same uses as a private parking
garage.
Parking Garage, Private
A structure used for the parking of automobiles and
available to employees, clients or customers whether
for a fee or free.
Parking Garage, Public
Any parking garage, other than a private parking
garage, which is open to the public and used for
the storage of motor vehicles.
Personal Service Establishment
An establishment providing personal services to the
public such as shoe repair, barbering, dry cleaning,
etc.
Place of Worship
A church, temple, synagogue, mosque or other similar
place of worship, including parish house, rectory,
or convent.
Planning Board
The Planning Board of the Town of North Andover as
governed by the General Laws of Massachusetts.
Public Building or Use
A building or use owned or operated by a local,
county, state or federal governmental agency.
Rooming House
Any building or portion thereof containing more
than two and less than ten rooms without kitchen
facilities that are used, rented or hired out to
be occupied or that are occupied for sleeping
purposes for compensation, whether the compensa-
tion be paid directly or indirectly.
Special Permit
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.1985/18
2.65
2.66
2.67
2.68
2.69
2.70
-10-
The words Special Permit where used in this By-Law
shall mean a permit granted under the guidelines of
Section 9 of Chapter 40-A of the General Laws.
Special Permit Granting Authority
The Planning Board shall be the granting authority of
all Special Permits to Cluster Development, Planned
Development District, (1985/15) driveways, %rte plan
r~view and large estate condominium conversions. The
Board of Selectmen shall.be the granting authority of
all Special Permits pertaining to non-accessory signs
as specified in Section 6.52 of this By-Law. The
Board of Appeals shall be the granting authority of
all other Special Permits allowed in this Zoning By-
Law.
Special Permit Use
A use of a building or lot or an action upon premises
which may be permitted under this By-Law only upon
application to the appropriate Special Permit
Granting Authority for a Special Permit and subject
to the approval of such Permit Granting Authority
and the conditions stipulated.
Street
A public way or a private way open to travel by the
general public, or a way shown on a plan of a sub-
division theretofore duly approved by the Planning
Board.
Structure
Means a combination of materials to form a construc-
tion that is safe and stable, including, among
others, buildings, stadiums, tents, reviewing
stands, platforms, staging, observation towers,
radio towers, water tanks, towers, private and
public swimming pools, trestles, piers and wharves,
sheds, shelters, fences and walls, and display
signs; the term structure shall be construed as
if followed by the words "or part thereof".
Town House
An attached house in a row of three or more such
houses capable of being sold as an independent
dwelling with its own lot, as provided by the
By-Law.
Tributary
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2.71
2.72
2.73
2.74
2.75
2.76
-11-
Any portion of any brook, stream, bog, swamp or pond
which flows into Lake Cochichewick.
Yard (setback)
An open space which 7~ies between the prlncipa]
building or group of buildings and a lot ].ine.
Yard, Front (setback)
An open space extending across the entire width of a
lot between any building thereon and the street lot
line of the lot on which such building stands.
Yard, Rear (setback)
An open space extending across the entire width of a
lot between the rear of any building thereon and the
rear lot line of the lot on which such building
stands.
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 on such a
lot.
(1985/25)
Planned Development District
1. Planned Development District - A Planned Develop-
ment District shall mean development of an area of
land as a single entity, which lies in an Indus-
trail-S (I-S) District, in which a mixture of resi-
dential, open space, commercial, and/or industrial
uses, and a variety of building types and designs
are determined to be sufficiently advantageous to
render it appropriate to grant a Special Permit to
depart from the normal requirements of the district
in which the PDD is to be located, to the extent
authorized by this Zoning By-Law.
2. Usable Open Space - The part or parts of land or
structure within a PDD which are reserved for active
or passive recreation use. This space shall exclude
parking areas, driveways, and walkways and open areas
in commercial areas such as cafes and shall be open
and unobstructed to the sky. Trees, plantings,
arbors, fences, sculpture, fountains, swimming pools,
open-air recreational facilities, laundry apparatus
and similar objects shall not be considered ob-
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2.77
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structions.
Public Parking Area
A parking area owned and maintained by the Town of
North Andover.
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SECTION 3
ZONING DISTRICTS AND BOUNDARIES
3.1 Establishment of Districts
The Town of North Andover is hereby divided into zoning
districts designated as follows:
Residence 1 District (R-l)
Residence 2 District (R-2)
Residence 3 District (R-3)
Residence 4 District (R-4)
Residence 5 District (R-5)
Business 1 District (B-l)
Business 2 District (B-2)
Business 3 District (B-3)
Business 4 District (B-4)
General Business District (G-B)
Industrial 1 District (I-l)
Industrial 2 District (I-2)
Industrial 3 District (I-3)
Industrial S District (I-S)
Flood Hazard District
3.2 Zoning Map
The zoning districts established by this By-Law are bounded
as shown on a map entitled "Zoning Map of the Town of North
Andover, dated May 12, 1972, as the same may be adopted by
the Town, and as it may hereafter be amended. Said map ac-
companies and is hereby made a part of this By Law. Any land
area not designated upon said map as being within another
zoning district shall be within the "Residence-2 District".
The Flood Plain District is defined as all areas so desig-
nated on maps entitled "Flood Insurance Rate Maps" (FIRM)
and Flood Boundary.and Floodway Maps" dated June 15, 1983
and as it may hereafter be amended, on file with the Town
Clerk, incorporated by reference herein.
3.3 District Boundaries
Where uncertainty exists as to the boundaries of any of the
aforesaid districts as shown on the Zoning Map, the Building
Inspector shall determine the location of such boundaries.
In reaching any such determination, the Building Inspector
may properly rely upon the accuracy of the land area descrip-
tions appearing in the Zoning By-Law adopted by the Town in
1956, and as thereafter amended, insofar as any of them may
be pertinent thereto.
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SECTION 4
4.1
4.11
-14-
BUILDINGS AND USES PERMITTED
District Use Regulations
General Provisions
(1)
In the zoning districts above specified, the
following designated buildings and alterations
and extensions thereof and buildings accessory
thereto and the following designated uses of
land, buildings, or parts thereof and uses
accessory thereto are permitted. All other
buildings and uses are hereby expressly pro-
hibited except uses which are similar in
character to the permitted uses shall be treated
as requiring a Special Permit (1985/26).
(2)
When a lot in one ownership is situated in part
in the Town of North Andover and in part in an
adjacent town or city, the provisions, regula-
tions and restrictions of this By-Law 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.
(3)
When a zoning district boundary divides a lot
of record on June 5, 1972 in one ownership, alt
the zoning regulations set forth in this Zoning
By-Law applying to the greater part by area of
such lot so divided may, by Special Permit, be
deemed to apply and govern at and beyond such
zoning district boundary, but o~ly to an extent
not more than one hundred (100) linear feet in
depth (at a right angle to such boundary) into
the lesser part by area of such lot so divided.
(4)
Accessory uses, as defined herein, shall be on
the same lot with the building of the owner or
occupant, and shall be such as not to alter the
character of the premises on which they are lo-
cated nor impair the neighborhood. Where manu-
facturing of any kind is allowed as an accessory
use, it shall be restricted to such light manu-
facturing as is incidental to a permitted use
and where the product is customarily sold on the
premises by the producer to the consumer.
(s)
No private or public (1985/20) way giving access
to a building or use not permitted in a
residential district shall be laid out or
constructed so as to pass through a residential
district.
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4.12
4.121
-15-
Permitted Uses
Residence 1 District
Residence 2 District
Residence 3 District
(1) One family dwelling, but not to ex6eed one
dwelling on any one lot.
(2) Place of worship.
(3)
Rooming house, renting rooms for dwelling pur-
poses or furnishing table board to not more
than four (4) persons not members of the family
resident in a dwelling so used, provided there
be no display or advertising on such dwelling
or its lot other than a name place or sign not
to exceed six (6) inches by twenty-four (24)
inches in size, and further provided that no
dwelling shall be erected or altered primarily
for such use.
(4)
For the use of a dwelling in any residential
district or multi-family district for a home
occupation, the following conditions sha].l
apply:
a)
Not more than a total of three (3) people
may be employed in the home occupation,
one of whom shall be the owner of the home
occupation and residing in said dwelling;
b) The use is carried on strictly within the
principal building;
c)
There shall be no exterior alterations,
accessory buildings, or display which are
not customary with residential buildings:
d)
Not more than twenty-five (25) percent of
the existing gross floor area of the
dwelling unit so used, not to exceed one
thousand (1,000) square feet, is devoted
to such use. In connection with such use,
there is to be kept no stock in trade,
commodities or products which occupy space
beyond these limits;
e) There will be no display of goods or wares
visible from the street;
f) The buildings or premises occupied shall not
be rendered objectionable or detrimental to
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(5)
(6)
(7)
(8)
-16-
the residential character of the~ neighbor-
hood due to the exterior appearance, emis-
sion of odor, gas, smoke, dust, noise, dis-
turbance, or in any other way become ob-
jectionable or detrimental to any residen-
tial use within the neighborhood;
g)
Any such building shall include no feature
of design not customary in buildings for
residential use.
Real estate signs not to exceed twenty-four (24)
inches by thirty-six (36) inches in size which
shall advertise only the rental, lease, or sale
of the premises upon which they are placed.
a)
Farming of field crops and row crops, truck
gardens, orchards, plant nurseries, and
green houses.
b)
On any lot of at least three (3) acres, the
keeping of a total of not more than three
(3) of any kind or assortment of animals
or birds in addition to the household pets
of a family living on such lot, and for
each additional acre of lot size to nine
(9) acres, the keeping of one additional.
animal or bird but not the keeping of any
animals, birds, or pets of persons not
resident on such lot.
c)
On any lot of at ]east ten (10) acres, the
keeping of any number of animals or birds
regardless of ownership and the operation of
equestrian riding academies, stables, stud
farms, and poultry batteries.
d) The sale of products raised as a result of
the above uses on the subject land.
Swimming pools in excess of two (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 pre-
vent the entrance of persons other than those
residing at the pool location. Pools shall have
a minimum ten (10) foot setback from side and
rear lot lines and be located no nearer the
street than the building line of the dwelling,
except by Special Permit.
Museums.
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4.122
-l?-
(9) Educational Facilities.
(10) Public building and public service corporations
.(Special Permit required), but not including
public works garages.
(11) Golf course.
(12) Swimming and/or tennis clubs shall be permitted
with a Special Permit.
(13) Cemetery.
(14) Nursing and convalescent home - see dimensional
requirements of Table 2 (Special Permit re-
quired).
(15) Municipal recreational areas.
(16) Any accessory use customarily incident to any of
the above permitted uses, provided that such
accessory use shall not be injurious, noxious,
or offensive to the neighborhood,.
(17) Family Suite - a separate dwelling unit within
or attached to a dwe].ling for a member of a
household is allowable by Special Permit pro-
vided:
a)
b)
c)
The dwelling unit is not occupied by anyone
except brothers, sisters, maternal and pa-
ternal parents and grandparents, or children
of the residing owners of the dwelling unit;
That the premises are inspected annually by
the Building Inspector for conformance to
this section of the By-Law;
The Special Permit shall be recorded at the
North Essex Registry of Deeds.
(18) Accessory buildings no larger than sixty-four
(64) square feet shall have a minimum five (5)
foot setback from side and rear lot lines and
shall be located no nearer the street than the
building line of the dwelling.
(19) Day Care Center by Special Permit (1985/23)
Residence 4 District
(1) One residential building per lot.
(2} Place of worship.
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(3)
(4)
-18-
Renting rooms for dwelling purposes or furni-
shing table board to not more than four persons
not members of the family resident in a dwelling
so used, provided there be no display or adver-
tising on such dwelling or its lot other than a
name plate or sign not to exceed six f6) 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 resiOential
district or multi-family district for a home
occupation, the following conditions shall
apply:
a)
Not more than a total of three (3) people
may be employed in the home occupation,
one of whom shall be the owner of the home
occupation and residing in said dwelling;
b) The use is carried on strictly within the
principal building;
c)
There shall be no exterior alterations,
accessory buildings, or display which are
not customary with residential buildings;
d)
Not more than twenty-five (25) percent of
the existing gross floor area of the
dwelling unit so used, not to exceed one
thousand (1,000) square feet, is devoted to
such use. In connection with such use,
there is to be kept no stock in trade,
commodities or products which occupy space
beyond these limits;
e) There will be no display of goods or wares
visible from the street;
f)
The buildings or premises occupied shall not
be rendered objectionable or detrimental to
the residential character of the neighbor-
hood due to the exterior appearance, emis-
sion of odor, gas, smoke, dust, noise, dis-
turbance, or in any other way become ob-
jectionable or detrimental to any residen-
tial use within the neighborhood;
Any such building shall include no feature
of design not customary ih buildings for
residential use.
(5) Real estate signs not to exceed twenty-four (24)
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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.
(6)
a~
Farming of field crops and row crops, truck
gardens, orchards, plant nurseries, and
'greenhouses.
b)
On any lot of at least three (3) acres, the
keeping of a total of not more than three
(3) of any kind or assortment of animals or
birds in addition to the household pets of a
family living on such lot, and for each
additional acre of lot size to nine (9)
acres, the keeping of one additional animal
or bird~ but not the keeping of any animals,
birds, or pets of persons not resident on
such lot.
c)
On any lot of at least ten (lO) acres the
keeping of any number of animals or birds
regardless of ownership and the operation of
equestrian riding academies, stables, stud
farms, dairy farms, and poultry batteries.
d) The sale of products raised as a result of
the above uses on the subject land.
(7)
Swimming pools in excess of two (2) feet deep
shall be considered a structure and permitted
provided they are enclosed by a suitable walt
or fence at least four (4) feet in height to be
determined by the Building Inspector to prevent
the entrance of persons other than those re-
siding at the pool location. Pools shall have a
minimum ten (10) foot setback from side and rear
lot lines and be located no nearer the street
than the building line of the dwelling, except
by Special Permit.
(8) Museums.
(9) Educational facilities.
(10) Municipal building and public service corpora-
tion use (Special Permit required).
(ll) Golf course.
(12) Swimming and/or tennis clubs shall be permitted
with a Special Permit.
(13) Cemetery.
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-20-
(14) One or two-family dwellings, including the right
to convert any existing dwelling to accommodate
not more than five family units by Special
Permit from the Zoning Board of Appeals afte~
a public hearing with due notice given, pro-
vided:
a)
No major exterior structural changes shall
be made. The right to convert shall app].y
to any dwelling under thte ownership of one
single person, partnership, or corporation
to be converted for use as dwe]!ings of not
more than five family units, and meeting ali
requirements of the State and Town Statutes
and By Laws, ~ncluding Health Codes, Safety
Codes, Building Codes, Zoning Laws, and
Zoning By-Laws.
b) Stairways leading to the second or any
higher floor shall be enclosed.
(15) Municipal recreational areas.
(16) Guest or rooming houses.
(17) Nursing and convalescent homes - see dimen-
sional requirements of Table 2 (Special Permit
Required).
(18) Any accessory use customarily ~nc~dent to any
of the above permitted uses, provided that
such accessory use shall be not injurious,
noxious, or offensive to the neighborhood.
(19) Accessory buildings no larger than sixty-four
(64) square feet shall have a minimum five (5)
foot setback from side and rear lot lines and
shall be located no nearer the street than the
building line of the dwelling.
(20 Day Care Center by Special Permit (1985/23)
Residence 5 District
(1) One-family dwelling.
(2) Place of worship.
(3)
Renting rooms for dwelling purposes or fur-
nishing table, board to not more than four (4)
persons not members of the fami]y resident in
a dwelling so used, provided there be no display
or advertising on such dwelling or its lot other
than a name plate or sign not to exceed six
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(4)
(5)
(6)
-21-
inches by twenty-four (24) inches ~n size, and
further provided that no dwelling shall be
erected or altered primarily for such use.
For the use of a dwelling in any residential
district or multi-family district for a home
occupation, the following 'conditions shall
apply:
a)
Not more than a total of three (3) people
may be employed in the home occupation,
one of whom shall be the owner of the home
occupation and residing in said dwell~ng:
b) the use is carried on strictly within the
principal building;
There shall be no exterior alterations,
accessory buildings, or display which are
not customary with residential buildings;
d)
Not more than twenty-five (25) percent of
the existing gross floor area of the
dwelling unit so used, not to exceed one
thousand (1,000) square feet, is devoted
to such use. In connection with such use,
there is to be kept no stock in trade,
commodities or products which occupy space
beyond these limits;
e) There will be no display of goods or wares
visible from the street;
f)
The buildings or premises occupied shall not
be rendered objectionable or detrimental to
the residential character of the neighbor-
hood due to the exterior appearance, emis-
sion of odor, gas, smoke, dust, noise, dis-
turbance, or in any other way become ob-
jectionable or detrimental to any resi-
dential use within the neighborhood;
g)
Any such building shall include no feature
of design not customary in buildings for
residential use.
Real estate signs not to exceed twenty-four (24)
inches by thirty-six [36) inches in size which
shall advertise only the rental, lease or sale
of the premises upon which they are placed.
a)
Farming of field crops and row crops, truck
gardens, orchards, plant nurseries and green
houses.
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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 n~ne (9~
acres, the keeping of one additional animal
or bird; but not the keeping of any animals,
birds, or pets of persons not resident on
such lot.
c)
On any lot of at least ten (10) acres, the
keeping of any number of animals or birds
regardless of ownership and the operation
of equestrian riding academies, stables,
stud farms, dairy farms, and poultry
batteries.
d) The sale of products raised as a result of
the above uses on the subject land.
(7)
Swimming pools in excess of two (2) feet deep
shall be considered a structure and permitted
provided they are enclosed by a sui. tab]e wa]] or
fence at ]east four (4) feet in height to be de-
termined by the Building ~nspector to prevent
the entrance of persons other than those re-
siding at the pool location. Pools shall have a
minimum ten (10) foot setback from side and rear
lot lines and be located no nearer the street
than the building line of the dwelling, except
by Specail Permit.
(8) Museums.
(9)
Public building or use and public service cor-
porations (Special Permit required), but not in-
cluding public works garages.
(10) Educational facilities.
(11) Golf course.
(12) Swimming and/or tennis clubs shall be permitted
with a Special Permit.
(13) Cemetery.
(14) Town houses.
(15) Guest or rooming houses.
(16) Nursing or convalescent homes - see dimen-
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4.124
-23-
sional requirements of Table 2 (Special
Permit required).
(17) Multi-family dwellings.
(]8) Professional offices on the ground floor of
multi-family dwelling structures. (Floor area
utilized for offices shall reduce the total
floor space ordinarily permitted for residential
use on a proportional basis. Each one-thousand
(1,000) square feet or part thereof of such
floor space shall reduce the permitted number
of dwelling units by one).
(19) Hotel or motel (Special Permit. required).
(20) Parking, indoor storage and other accessory uses
assocated with the above uses, provided that
such accessory use shall not be injurious,
noxious, or offensive to the neighborhood.
(21) Accessory buildings no larger than sixty-four
(64) square feet shall have a minimum five (5)
foot setback from side and rear lot lines and
shall be located no nearer the street than the
building liae of the dwelling.
(22) Day Care Center by Special Permit (1985/23)
Business 1 District
(1) Retail establishments.
(2) Personal service establishments.
(3) Professional offices, banks, real estate
offices and insurance offices.
(4)
Eating or drinking uses may be permitted only
as a secondary use within a permitted primary
use.
(5) Place of worship.
(6) Non-profit school.
(7) Public building or use and public service cor-
poration.
(8) Art gallery.
(9)
Residential uses including one and two family
dwellings. Apartments shall be allowed where
such use is not more than fifty percent (50%)
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4.125
-24-
of the total floor space in the building.
(10) a)
Farming of field crops and row crops, truck
gardens, orchards, plant nurseries and
greenhouses.
b)
On any lot of at least three f3) acres, the
keeping of a total of not more than three
(3) of any kind or assortment of animals
or birds in addition to the household pets
of a family living on such lot, and for each
additional acre of lot size to nine (9)
acres, the keeping of one additional animal
or bird; but not the keeping of any animals,
birds or pets of persons not resident on
such lot.
c)
On any lot of at least ten (].0) acres, the
keeping of any number of animals or birds
regardless of ownership and the operation
of equestrian riding academies, stables,
stud farms, dairy farms, and poultry
batteries.
d) The sale of products raised as a result of
the above uses on the subject ].and.
(11) Swimming and/or tennis clubs shall be permitted
with a Special Permit.
(12) Parking, indoor storage and other accessory uses
customarily associated with the above uses, pro-
vided that such accessory use shall not be in-
jurious, noxious, or offensive to the neighbor-
hood.
(13) Day Care Center by Special Permit (1985/23)
Business 2 District
(1) Retail establishments.
(2) Personal service establishments.
(3) Professional offices, banks, real estate offices
and insurance offices.
(4) Business and other offices.
(5) Public building or' use and public service
corporation.
(6) Art gallery.
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(7)
<9)
Swimming and/or tennis clubs shall be permitted
with a Special Permit.
Place of worship.
Eating and drinking establishments.
(10) Nonprofit school or pr'irate school for profit
or museum.
(11) Indoor place of amusement or assembly.
(12) Automobile service station (limited to one in
each 2,000 linear feet of street or h].ghwa?
as measured along centerline).
(13) Medical center, clinic or medical laboratory.
(14) Funeral Parlor.
Multi-family dwellings and town houses (with
Special Permit).
(16) Public parking garage.
(17) Taxi depot.
(18) Printing and reproduction.
(19) a)
b)
Farming of field crops and row crops, truck
gardens, orchards, plant nurseries, and
greenhouses.
On any lot of at least three (3) acres, the
keeping of a total of not more than three
(3) of any kind or assortment of animals or
birds in addition to the household pets of a
family living on such ].ot, and for each
additional acre of lot size to nine (9)
acres, the keeping of one additional animal
or bird: but not the keeping of any animals,
birds, or pets of persons not resident on
such lot.
c)
On any lot of at least ten (10~ acres, the
keeping of any number of animals or birds
regardless of ownership and the operat{on of
equestrian riding academies, stables, stud
farms, dairy farms, and poultry batteries.
(20) Residential use where such use is not more than
fifty percent (50%) of the total floor space in
the structure.
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4. 126
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21) Parking, indoor storage and other accessory uses
associated with the above uses, provided that
such accessory use shall not be noxious, in-
jurious, or offensive to the neighborhood.
22) Day Care Center by Special Permit (~985/23)
Business 3 District
(1) Retail establishments.
Personal service establishments.
(3) Professional offices, banks, real estate offices
and insurance companies.
(4) Business and other offices.
(5) Public building or use and public service
corporation.
(6) Art gallery.
(7) Swimming and/or tennis clubs shall be permitted
with a Special Permit.
(8) Place of worship.
(9) Eating and drinking establishments.
(10) Nonprofit school or private school for profit
or museum.
(11) Indoor place of amusement or assembly.
(12) Automobile service station (limited to one in
each 2,000 linear feet of street or highway
as measured along centerline).
(13) Medical center, clinic or medical laboratory.
(14) Funeral parlor.
(15) Public parking garage.
(16) Taxi depot.
(17) Printing and reproduction.
(18) Resbarch and development facilities.
(19) New car sales but not to include outdoor car
sales lots accommodating more than ten (10) used
cars.
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4.127
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(20) a)
b)
Farming of field crops and row crops, truck
gardens, orchards, plant nurseries, and
greenhouses.
On any lot of at lease three (3) acres, the
keeping of a total of not more than three
(3) of any kind or assortment of animals or
birds in addition to the household pets of a
family living on such lot, and for each
additional acre of lot size to nine (9)
acres, the keeping of one additional animal
or bird; but not the keeping of any animals,
birds, or pets of persons not resident on
such lot.
On any lot of at least ten .(10) acres, the
keeping of ~ny number of animals or birds
regardless of ownership and the operation
of equestrian riding academies, stables,
stud farms, dairy farms, and poultry
batteries.
d) The sale of products raised as a result of
the above uses on the subject ]and.
(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 Special Permit (1985/23)
Business 4 District
(2)
(3)
(4)
Research and development facilities.
Business, professional and other offices.
Accessory retail, personal service and eating
and drinking use shall be permitted in an amount
not to exceed ten (10) percent of total gross
floor area of the principal uses.
Place of worship.
Nonprofit school or private school for profit or
museum.
(6) Public building or use and public service cor-
porations.
(7) Hotel or motel (limited to one in each 2,000
linear feet of street or highway as measured
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4.128
-28-
along centerline).
(8) Medical center, clinic or medical laboratory.
(9) Nursing and conva.lescent homes. See d~mensional
requirements of Table 2.
(10) Art gallery.
(11) Swimming and/or tennis clubs shall be permitted
with a Special Permit.
(12) Printing and reproduction.
(13) 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 s~ze to nine (9)
acres, the keeping of one additional animal.
or bird; but not the keeping of any animals,
birds, or pets of persons not resident on
such lot.
c) On any lot of at least ten (10) acres, the
keeping of any number of animals or birds
regardless of ownership and the operation
of equestrian riding academies, stables,
stud farms, dairy farms, and poultry
batteries.
d) The sale of products raised as a result of
the above uses on the subject land.
(14) Parking, indoor storage and other accessory uses
associated with the above uses, provided that
such use shall not be injurious, noxious or
offensive to the neighborhood.
(15) Day Care Center by Special Permit (1985/23)
General Business District
(1)
Retail stores and wholesale stores, salesrooms,
funeral parlors, showrooms or places for any
professional, artistic or mercantile activity,
not involving manufacturing; also retail
bakeries or retail confectioneries.
-29-
(2)
Banks, offices, and municipal, c~vic, or public
service buildings, such as post off~ce, tele-
phone exchange, town offices, school, library,
museum, place of worship, local passenger
station.
(3) Hall., club, theatre, or other place of amusement
or assembly.
(4)
Automobile service and filling stations, auto-
mobile storage and repair garages, including
automobile body repairs and painting, and auto-
mobile sale agencies for new and used cars, pro-
vided there be not displayed or stored outdoors
on such premises more than twenty-five (25)
automobilese or other vehicles.
(5) ' Restaurant, dining room or lunch room.
Residential use where such use is not more than
fifty percent (50%) of the total floor space in
the structure.
(7)
Any accessory use customarily incident to any of
the above permitted uses, provided that such
accessory use shall not.be injurious, noxious,
or offensive to the neighborhood.
Farming of field crops and row crops, truck
gardens, orchards, plant nurseries, and
greenhouses.
On any lot of at least five (5) acres, the
keeping of a total of not more than five
(5) of any kind or assortment of animals or
birds in addition to the household pets of a
family living on such lot, and for each
additional acre of Tot size to nine (9)
acres, the keeping of one additional animal
or birdf but not the keeping of any animals,
birds, or pets of persons not resident on
such lot.
c)
On any lot of at least ten (10) acres, the
keeping of any number of animals or birds
regardless of ownership and the operation
of equestrian riding academies, stud farms,
dairy farms, and poultry batteries.
d) The sale of products raised as a result of
the above uses on the subject land.
(9) Day Care Center by Special Permit (1985/23)
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4.129
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Industrial 1 District
(1)
¢2)
(3)
(4)
(5)
(6)
Research and development facilities.
Business, professional and other offices.
Accessory retail, persona], service and eating
and drinking use shall be permitted in an
amount not to exceed ten percent (10%) of total
gross floor area of the principal uses.
Place of worship.
Nonprofit school or private school for profit.
Public building or use and public service cor-
porations.
(7) Medical center, clinic, or medical laboratory.
{9)
Art gallery or museum.
Swimming and/or tennis clubs and/or indoor ice
skating facilities shall be permitted with a
Special Permit.
(10) Printing and reproduction.
(11) Helistop (defined as a landing and take-off
place for a helicopter, but not ~ncluding
facilities for storage or major repair of
helicopters). Special Permit required.
(12) Light manufacturing, including manufacturing,
fabrication, processing, finishing, assembly,
packing or treatment of articles or merchandise
provided such uses are conducted solely w~.thin
a building and further provided that such uses
are not offensive, noxious, detrimental, or
dangerous to surrounding areas or the town by
reason of dust, smoke, fumes, odor, noise,
vibration, light or other adverse environmental
effect.
(13) a)
b)
Farming of field crops and row crops, truck
gardens, orchards, plant nurseries, and
greenhouses.
On any lot of at least three (3) acres, the
keeping of a total of not more than three
(3) of any kind or assortment of animals
or birds in addition to the household pets
of a family living on such lot, and for each
4.130
-31 -
additional acre of lot size to nine (9)
acres, the keeping of one additional animal
or bird; but not the keeping of any animals,
birds, or pets of persons not resident on
such lot.
c)
On any lot of at least ten (10% acres, the
keeping of any number of animals or birds
regardless of ownership and the operation of
equestrian r~d~ng academies, stab]es, stud
farms, dairy farms, and poultry batteries.
d) The sale of products raised as a resul, t of
the above uses on the subject land
(14) Warehousing and wholesaling shall be permitted
'only as a secondary use.
(15) Golf course.
(16) Parking, indoor storage and other accessory uses
customarily associated with the above uses, pro-
vided that such accessory use shall not be in-
jurious, noxious, or offensive to the neighbor-
hood.
(17) Day Care Center by Special Permit ¢1985/23)
Industrial 2 District
Research and development facilities.
(2) Business, professional, and other offices.
(3)
Accessory retail, personal service and eating
and drinking use shall be permitted in an amount
not to exceed ten percent (10%) of the total
gross floor area of the principal uses.
(4) Place of worship.
(5) Nonprofit school or private school for profit.
Public service corporation and energy or re-
source recovery facility.
(7) Medical center, clinic, or medical laboratory.
(8) Art gallery.
(9) Swimming and/or tennis clubs shall be permitted
with a Special Permit.
(10) Printing and reproduction.
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(11) Helistop (defined as a landing and take-off
place for a helicopter, but not including
facilities for storage or major repair of
helicopters). Special Permit required.
(12) Light manufacturing, including manufacturing,
fabrication, processing, finishing, assembly,
packing, or treatment of articles or merchandise
provided such uses are conducted solely within a
building and further provided that such uses are
not offensive, noxious, detrimental, or
dangerous to surrounding areas or the town
by reason of dust, smoke, fumes, odor, noise,
vibration, light, or other adverse environmental
effect.
(13) a)
Farming of field crops and row crops, truck
gardens, orchards, plant nurseries, and
greenhouses.
b)
On any lot of at least three (3) acres, the
keeping of a total of not more than three
(3) of any kind or assortment of animals or
birds in addition to the household pets of a
family living on such lot, and for each
additional acre of lot size to nine (9)
acres, the keeping of one additional animal
or bird: but not the keeping of any animals,
birds, or pets of persons not resident on
such lot.
c)
d)
On any lot of at least ten (10] acres, the
keeping of any number of animals or birds
regardless of ownership and the operation of
equestrian riding academies, stables, stud
farms, dairy farms, and poultry batteries.
The sale of products raised as a result of
the above uses on the subjet land.
(14) Warehousing and wholesaling.
(15) Golf course.
(16) Lumber or other building materials storage or
sales, fuel storage or contractor's yard, pro-
vided all outdoor uses are enclosed by a fence
of five (5) feet or more in height.
(17) Bus garage.
(18) Automobile service station (limited to one in
each 2,000 linear feet of street or highway
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4.132
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as measured along center]ine).
(19) Car wash.
(20! Automobile or other motor vehic~.e repair, pro-
vided all activities are within an enclosed
building.
(21) Veterinary hospital and kennels, provided
activities are within an enclosed building.
(22) Parking, indoor storage and other accessory
uses customarily associated with the above
uses, provided that such accessory use shall
not be injurious, noxious, or offensive to
the neighborhood.
(23) Day Care Center by Special Permit ¢1985/23~
Industrial 3 District
(1) Public buildings.
(2) Public garages and accessory buildings.
(3) Public service corporations.
(4} Public sanitary disposal site.
(5) Public storage of equipment.
AIl uses permitted in the Industrial ] District.
(7) Day Care Center by Special Permit ~1985/23)
Industrial "S' District
(1) Research and development facilities.
(2) Business, professional and other offices.
(3) Place of worship.
(4) Nonprofit school or private school for profit.
(5) Public building or use and public service cor-
poration.
(6) Printing and reproduction.
(7) Light manufacturing, including manufacturing,
fabrication, processing, finishing, assembly,
packing or treatment of articles or merchandise,
other commercial non-retail activity, provided
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-34-
such uses are conducted so~ely 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,
l~ght or other adverse env~ronmenta~ effect.
Premises of a bank, post office, telephone ex--
change or telephone business off~ce, ?oc~7 bus
passenger station, or business office bu~]dings.
By Special Permit, an automobile service and
filling station, a diner, a restaurant, a retail
food store, but no other retail stores of any
kind.
(9) Warehousing and wholesaling.
(10) Lumber or other building materials storage or
sales, fuel storage, or contractor's yard, pro-
vided ali outdoor uses are enclosed by a fence
of five (5) feet or more in height.
(11) Bus garage.
(12) Any accessory use customarily incident to any of
the above permitted uses, provided that such
use shall not be injurious, noxious, or offen-
sive to the neighborhood.
(13) a)
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 not more than three (3) of any
kind or assortment of animals or birds ~n
addition to the household pets of a fami]v
living on such lot, and for each additional
acre of lot size to nine (9) acres, the
keeping of one additional animal or bird;
but not the keeping of any animals, birds,
or pets of persons not resident on such lot.
¢)
On any lot of ay least ten (]0) acres, the
keeping of any number of animals or birds
regardless of ownership and the operation
of equestrian riding academies, stables,
stud farms, dairy farms, and poultry
batteries.
d) The sale of products raised as a result of
the above uses on the subject land.
(14) Day Care Center by Special Permit (1985/23)
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4.133
-35-
Watershed District
(1) Purpose:
The. Watershed D~strict surrounding Lake Cochich-
ewick, our source of water supply, is ~ntended
to preserve and maintain the f~]tration and
purification function of the ]and, the ground
water table, the purity of the ground water and
the lake, to conserve the natural environment
and to protect the public health, safety, and
welfare.
(2) Prohibited Uses:
¢3)
a) Dumping trash, rubbish, garbage, wood
stumps, peat, junk, or other waste
materials, underground steel storage tanks
for petroleum products shall be prohibited.
(1985/13)
Dimensions and No Build Requirements:
a)
Boundaries of the Watershed District are
designated spec{f]ca!ly on the certified
North Andover Watershed Map, ]978, and
are shown on the Zoning Map. These maps
are hereby made a part of this By-Law and
are on file in the office of the Town Clerk.
b)
When the Watershed District boundary divides
a lot of record on June 26, 1978 in one
ownership, all the zoning regulations set
forth in this Zoning By-Law applying to the
greater part by area of such lot so d].vided
may, by Special Permit, be deemed to apply
and govern at and beyond such Watershed
District boundary, but only to an extent not
more than one hundred (!00) linear feet in
depth (at a right angle to such boundary)
into the lesser part by area of such lot so
divided.
c)
A no-cut buffer zone shall exist one hundred
fifty (150) feet horizontally from the
annual mean high water mark of Lake Cochich-
ewick and twenty-five (25) feet horizontally
from the edge of all tributaries in the
Watershed.
d)
No construction shall occur two hundred
fifty (250) feet horizontally from the
annual mean high water mark of Lake
Cochichewick and one hundred (100) feet
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4.134
-36-
horizontally from the edge of all tribu-
taries. The intent herein is d~mens~onal
and the North Andover Board of Appeals shall
grant variances upon a showing of
substantial hardship owing to the soil,
shape or topography of the land, inc]udlng
the right to cross such tributaries.
(1985/14)
Lake Coch~chewick Preservation Amendment
(1985/12)
a) Notwithstanding anything contained ~n th~.s
bylaw to the contrary, no permits shall be
issued for the construction of any new
building, structure, road, or driveway or
for earth removal, except for the proposed
munici, pal water filtration plant, within the
Watershed District for a period of three (3)
years from the effective date of this
amendment.
b)
This amendment shall not apply to any
renovation, alteration, or addition to an
existing building, structure, road,
driveway, or any structure in agricu~tura~
or horticultural use.
c)
A use variance may be granted by the Board
of Appeals for the ~ssuance of a building
permit within this three-year per~od but not
for a use not otherwise allowed by the
distrist regulations.
Flood Plain District
(1) Flood Plain District
The Flood Plain District is herein established
as an overlay district. The underlying per-
mitted uses are allowed provided that they
meet the Massachusetts State Building Code
dealing with construction in floodplains and
the following additional requirements. The
Flood Plain District includes all specia~
flood hazard areas designated as Zone A,
Al-30 on the North Andover Flood Insurance
Rate Maps, (FIRM), and the Flood Boundary
and Floodway Maps, dated June 15, 1983, on
file with the Town Clerk, Planning Board,
Conservation Commission, and Building
Inspector. These maps, as well as the
accompanying North Andover Flood Insurance
Study, are incorporated herein by reference.
-37-
(2) Development Regulations
a)
Within Zone A of the Flood Plain District,
where base flood elevation is not pro-
vided on the FIRM, the applicant shall
obtain any existing base flood elevation
data and ~t shall be reviewed by the
Bui]dlng Inspector for its reasonable
utilization toward meeting the elevation
or floodproofing requirements, as appro-
priate, of the State But]ding Code.
In the floodway, designated on the Flood
Boundary and Floodway Map, the fo]low~ng
provisions shall apply:
¢)
Ail encroachments, including fill, ~ew
construction, substantial improvements
to existing structures, and other
development are prohibited un]ess
certification by a registered professional
engineer or architect is provided by the
applicant demonstrating that such
encroachments shall not result tn any
increase ~n flood levels during the
occurence of the !00 year flood.
d)
Any encroachment meeting the above standard
shall comply with the floodplain
requirements of the State Bu~.ld~ng Code.
-38-
TABLE 1
OF USE REGULATIONS
Permitted Use
Res. Res. Res. Bus. Bus. Bus. Bus. Gen Ind. Ind
1,2, 4 S 1 2 3 4 Bus. 1 2
Ind. Ind,
3 S
Agricultural Use* Yes Yes Yes Yes Yes Yes Yes No
Art Gallery No
Auto Service
Station* No
Auto & Vehicle
Repair, Body Shop No No
Bus Garage No No
Business & Other
Offices
Car Wash
Cemetery
Eating & Drinking
Establishment
Funeral Parlor
Golf Course
Guest House
Helistop
Indoor Place of
Amusement or
Assembly No No
Indoor Ice Skating
Facilities No No
Lumber, Fuel
Storage or Con-
tractor's Yard No No
Manufacturing* No No
Medical Center* No No
Motel or Hotel No No
Multi-family
Dwellings & Apts. No No
Municipal Recrea-
tion Areas
New Car Sales*
Nonprofit School
Nursing ~ Con-
valescent Homes*
One-family
Dwelling
Personal Service
Establishment
Place of Worship
No No
Yes Yes Yes Yes
Yes Yes Yes Yes Yes Yes Yes Yes No
No No No Yes* Yes* No Yes* No Yes* No SP
No No No No No Yes No Yes No No
No No No No No Yes No Yes No Yes
No No No No* Yes Yes Yes Yes Yes Yes Yes Yes
No No No No No No No Yes No Yes No No
Yes Yes Yes No No No No No No No No No
No No No* No* Yes Yes No* Yes No* No* No* SP
No No No No Yes Yes No Yes No No No No
Yes Yes Yes No No No No No Yes Yes Yes Yes
No Yes Yes No No No No No No No No No
No No No No No No No No SP SP SP No
No
No Yes Yes No Yes No No No No
No No No No No SP No SP No
No No No No No
No No No No No
No
SP
Yes No Yes No Yes
No Yes Yes Yes Yes
Yes Yes SP No No No No No No No
Yes Yes No No No No No No No No No No
No No No No No Yes No Yes No No No No
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
SP SP SP No No No Yes No No No No No
Yes Yes Yes Yes No No No No No No No No
No No No* Yes Yes Yes No* YeS No* No* No* No*
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
No Yes Yes Yes Yes Yes Yes Yes No
No No No Yes* No No No No No
-39-
TABLE 1 (Continued)
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Permitted Use
Res. Res. Res. Bus. Bus. Bus. Bus. Gen. Ind. Ind. Ind. Ind.,
1, 2 4 S 1 2 3 4 Bus 1 2 3 S
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Printing &
Reproduction
Private School
for Profit
Professional
Offices*
Public Building
or Use
Public Garages &
Accessory Bldgs
Public Service
Corporation
Public Sanitary
Disposal Site No
Public Storage
of Equipment No
Recreation Area SP
Research & Devel-
opment Facilities No
Retail Establish-
ment No
Rooming House
Taxi Depot
Town Houses
No No No No Yes Yes Yes Yes Yes Yes Yes Yes
Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes
No* No~ Yes* Yes Yes Yes Yes Yes Yes Yes Yes Yes
L~.~S/ Day Care Center
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SP
No
No
SP SP
No No No No
No No No No
No No No No
No No No No
SP SP SP SP
No No No No
No
Yes* Yes* Yes* No
No No No No
No No Yes No
Two-family
Dwelling No
Veterinary
Hospital & Kennel No
Warehousing &
Wholesaling No
SP
Yes Yes Yes Yes Yes Yes Yes Yes Yes
No No No No No Yes No
No No No No No Yes No
No No No No No Yes No
No No No No No Yes No
SP SP SP SP SP SP No
Yes Yes Yes Yes Yes Yes Yes
No* Yes Yes Yes No* Yes* No* No* No~ No*
No No No No No No No No
Yes Yes No Yes No No No No
SP No No No No No No No
Yes Yes Yes No No No No No No No No
No No No No No No No No Yes No No
No No No No No No
SP SP SP S? s? SP
Yes No* Yes No* Yes
SP SP SP SP SP
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NOTE:
See detailed district use regulations.
With Special Permit Only
This chart is for summary information purposes only and is not
a substitute for the detailed district use regulations contained
in Section 4 of this By Law.
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SE~I~ 5
5.1
General
(1)
(2)
(3)
(4)
(5)
(6)
(7)
-40-
~H MA'rE~ REB'~DVAL
Excavation, removal, stripping, or mining of any
earth material except as hereinafter permitted
on any parcel of land, public or private, in
North Andover, is prohibited.
Exclusive jurisdiction to issue Earth Removal
Permits shall be with the Board except for
Permits allowed in Paragraphs 5.5 and 5.6.
The Board or the Building Inspector shall have
the authority to issue an Operating Hours Ex-
tension 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 By-Law.
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 Permits shall
require an annual fee of Twenty-five dollars
($25.00).
Violation of this Section of the Zoning By-
Law, notwithstanding the provisions of Section
10.13, imposes a penalty of Fifty dollars
($50.00) for the first offense, One hundred
dollars ($100.00) for the second and each
subsequent offense. Each day of operation
in violation of this section will be con-
sidered a separate offense.
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5.2
5.3
-41-
(8)
Any sanitary landfill operated by the Town of
North Andover shall be exempt from the pro-
visions of this Section.
Definitions
(1)
Applicant: the owner, or prospective owner by
reason of a Purchase and Sales Agreement, of the
land shown by the plan submitted with the Earth
Removal Permit Application.
(2)
Earth Materials: "earth materials" shall in-
clude soil, loam, sand, gravel, clay, peat,
rock, or other allied products.
(3)
Earth Removal Operations: the excavation, re-
moval, stripping, or mining of any earth mater-
ial on any site within the Town of North
Andover.
(4)
Operating Hours Extension Permit: a Permit
issued by the Board or the Building Inspector
fgr an extension of the time of operation for
trucking from the site until 9:00 p.m.
(5) Board: Zoning Board of Appeals.
(6)
Permit: the word "Permit" in the Earth Removal
Section shall mean and inlcude a Special Permit
for earth removal as issued by the Special
Permit Granting Authority.
Application for Earth Removal Permit
AIl applicants for Earth Removal Permits must
submit seven (7) copies of the following
information concerning the proposed site of
the removal operation to the Board thirty
(30) days prior to submission of an appli-
cation for an Earth Removal Permit. The
Board shall distribute .the information to
the Planning Board, Building Inspector,
Conservation Commission, Board of Health,
Highway Department, and Police Department,
so that recommendations from these depart-
ments may be submitted for the required public
hearing.
(2) A plan or plans to scale, (1"=40') prepared and
stamped by a Registered Engineer, showing the
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(3)
property lines of the parcel of land under con-
sideration along with all abutters to the
property, existing and final contours in five
foot (5') elevation increments, existing and
proposed final drainage of the site, including
all culverts, streams, ponds, swamps, and silta-
tion basins, means of entrance and egress from
the property, locus map, and any other perti-
nent data deemed necessary by the Board.
A plan, study, or report showing the proposed
ultimate use of the land conforming with the
existing Zoning By-Law. Proper planning for
future land use shall be a prime consideration
affecting the issuance of an Earth Removal
Permit.
(4)
A complete list of the names and addresses of
current abutters of the property where such
removal is proposed.
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(5)
An operating schedule showing the active area
(not to exceed five (5) acres) where the earth
removal will begin and also how the total parcel
will be developed in progressive five (5) acre
increments.
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5.4
Permits for Earth RemOval
(1)
The Board may issue Earth Removal Permits for
any zoning district, complete with conditions
imposed, for areas not to exceed forty (40)
acres. All Permits shall conform to the
minimum restoration and operating standards
contained herein and such other conditions as
the Board may deem necessary. Said permit shall
allow the working of only five (5) acres at any
one time. Upon completion of the earth removal
operation on a five (5) acre parcel, or a part
thereof, and substantial restoration of said
parcel as determined by the Board, according to
the restoration standards at the Permit con-
ditions, application may then be made to the
Board for a Permit renewal. Such Permit renewal
shall allow the removal of earth on another five
(5) acre section, as shown by the operating
schedule submitted with the Permit application.
This procedure shall be followed until the
operation is completed.
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5.5
-43-
(2)
The Permit shall be considered a non-~rans-
retable revocable Permit to remove earth
materials. It it is found that incorrect
information was submitted in the application,
or that conditions of the Permit are being
violated, or that the governing regulations
are not being followed, the Permit shall be
suspended until all provisions have been met
and the premises made to conform. Failure
of the Permit holder to comply within the
time specified by the Board for correction
of violations shall cause the Permit to be
revoked, forfeiture of the security to the
Town, and the imposition of all fines as
set forth in Paragraph 5.1 (2).
(3)
The Board shall discuss and review the permit
periodically, and at a minimum, annually.
Written progress reports showing conformance
with regulations and Permit conditions shal~
be submitted to the Board by the Building
Inspector or his designated agent every three
(3) months.
(4)
An Earth Removal Permit shall not be in effect
until the applicant has filed the proper
security as required in Paragraph 5.9, paid
the required fees as required by Paragraph
5.1 (6), and recorded the Special Permit at
the Registry of Deeds.
(5)
Mechanical crushing and screening may be per-
mitted by the Board after a public hearing
with due notice given.
Earth Removal Incidental to Develolment, Construc-
tion, or Improvement
(i)
This regulation shall be deemed not to pro-
hibit the removal of such sod, loam, soil, clay,
sand, gravel, or stone as may be required to
be excavated for the purpose of constructing
ways in accordance with lines and grades
approved by the Planning Board, or for the
purpose of constructing underground utilities.
(2)
Where soil is to be removed in connection with
the preparation of a specific site for building,
removal may take place only after the issuance
of a building permit by the Building Inspector.
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5.6
(3)
(4)
Removal will be allowed only from the the area
for the building, driveways, parking areas, and
from areas where removal is specifically re-
quired by the Board of Health in connection
with disposal systems. Where special cir-
cumstances exist requiring general regrading,
removal of peat, etc., the builder may file a
plan and request for an additional soil re-
moval permit with the Building Inspector as
provided in Paragraph 5.6 below.
Where excavation, removal, stripping, or
mining of earth on any parcel of land, public
or private, is made necessary by order of any
other Board or Agency of the Town, such exca-
vation, removal, stripping, or mining, if in
excess of one-thousand (1,000) cubic yards
shall be governed by the provisions of Section
5.6 of this by-Law.
Excavation, removal, stripping, or mining of
earth incidental to improvements shall be
governed by the provisions of Section 5.6 of
this By-Law.
All earth removal, excavation, stripping, or
mining as allowed under this paragraph shall be
governed by the provisions of Section 5.6 of
this By-Law.
Miscellaneous Removal of Earth
(1)
(2)
Excavation, removal, stripping, or mining of
miscellaneous amounts of earth as allowed under
Section 5.5 is permitted provided the excava-
tion, removal, stripping, or mining is necessary
for the improvement or development of the pro-
perty on which the excavation or removal takes
place.
Excavation, removal, stripping, or mining of
aggregate quantities of less than fifty (50)
cubic yards on any one general site requires
no formal approval. Where the excavation,
removal, stripping, or mining of soil is in
quantities in excess of fifty (50) cubic yards
but less than one-thousand (1,000) cubic yards,
application must be made to the Building In-
spector for a Miscellaneous Soil Removal Permit.
Where special circumstances existS!which requires
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5.7
-45-
the excavation, removal, stripping, or mining
of soil in excess of one-thousand (1,000) cubic
yards, but less than five-thousand (5,000) cubic
yards, a Permit may be granted by the Board for
such removal without a public 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 Permit granted shal~ indicate the
approximate quantity of soil to be removed, the
purpose of removal, and the location of the
site of removal. The Permit shall also specify
that upon completion of excavation, exposed
subsoil shall be graded and covered with loam
to a minimum depth of six (6) inches and that
the removal is to be controlled by the appro-
priate section of Paragraph 5.7 (Operating
Standards). It is further provided that except
where removal under this Paragraph is done in
connection with the formation or enlargement of
a pond, excavation shall not be permitted below
the mean grade of the street or road serving
the property. The excavation of said pond in
any event shal~ not be such as to change the
direction or flow of a water course or to cause
surface water to gather as a sump or swale.
Excavations for burying large rocks and stumps
shal~ immediately be back-filled for safety
reasons. Failure to meet the requirements
of this Paragraph shall be deemed a violation
of th9 Zoning By-Law.
Operation Standards
(1) Time of Operation.
a)
Excavation and site maintenance may be
carried on from 6:30 a.m. until 7:30 p.m.,
Monday through Saturday.
b)
Trucking from the site may be carried on
from 7:00 a.m. through 6:00 p.m., Monday
through Saturday.
¢)
An Operating Hours Extension Permit for
trucking until 9:00 p.m. for no more than
three (3) consecutive days may be granted
by the Building Inspector after reviewing
conditions of the application. S~id appli-
cation shall show reason for extension of
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(2)
-46-
time, distance of hauling, and approximate
cubic yardage to be hauled.
S~te Preparation.
a) Only the active area described in the Permit
application may be made ready for earth re-
moval.
No standing trees are to be bulldozed over,
or slashed and bulldozed into piles. Ail
trees must be cut down. All wood and brush
must be piled for removal or chipping.
Wood chips may remain on the site. No
trees are to be buried on the site.
c)
~)
Stumps shall be buried in predesignated
areas as shown on application plans.
Any change in stump burial must be sub-
mitted to the Board for approval.
(3) Topsoil Storage.
a)
Ail topsoil removed from the active removal
area shall be piled for future site restora-
tion.
b)
No topsoil shall be removed from the site
until all areas have been restored and per-
mission has been granted by the Board.
(4) Erosion control.
a)
Prior to any excavation or earth removal,
adequate siltation basins shall be con-
structed to prevent the rUn-off of silted
water from the site.
c)
Ail excavation shall be done so as to create
contours to channel run-off waters into the
siltation basins.
No siltation basin shall exceed seven (7)
feet in depth.
d)~ Siltation basins must be cleaned when sedi-
ment deposits are w~thin eighteen (18)
inches of the outfall invert.
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(5) Dust Control.
a)
No earth removal operation shall create ex-
cessive amounts of dust or allow roads
leading into or from a site to become ex-
cessively dust producing.
Proper dust control methods shall be
approved by the Building Inspector.
(6) Excavation Near Brooks.
a)
b)
c)
No excavation shall be made which will alter
the natural way or existing elevation of a
brook, stream, or river.
Ail banks of brooks, streams, and rivers
shall be reconstructed to be aesthetically
attractive and of sufficient height to
prevent abutting properties from flooding.
Said bank height shall be computed, for a
fifty (50) year storm for all brooks,
streams, and rivers up to eight (8) feet
in width and two (2) feet in depth; and
for a one-hundred (100) year storm for all
brooks, streams, and rivers which exceed
this size.
(7) Site Screening.
a)
An immediate program of site screening shall
start when site preparation begins.
Ail entrances shall be screened with exis~
ting vegetation, evergreens, or other
suitable natural methods, so as to prevent
a direct view into the earth removal area.
rc )
Ail areas within fifty (50) feet of a
traveled way or abutting property lines
shall be reforested immediately upon com-
pletion of the earth removal operation of
that area. Said reforestation shall be
done in accordance with the North Andover
Tree Department.
A minimum of One ~undred-fifty (150) trees
per acre shall be used for this reforesta-
tion.
-48-
Areas which are to be used for agricultural
purposes after earth removal operations are
completed may be reforested in the following
manner:
Trees shall be planted twenty-five (25) feet
deep from the road or property line.
The remaining area shall immediately be
planted with grass or othex suitable agri-
cultural planting material.
(8) Access Roads.
a)
Ail access roads shall be level with inter-
secting streets for a distance of sixty (60)
feet.
b) A STOP sign shall be installed so as to warn
any vehicle entering onto a Town street.
c)
Ail access roads shall be equipped with a
suitable locking gate to prevent unauthori-
zed entry.
(9) site Maintenance.
a) No open face excavation shall exceed twenty-
five (25) feet in height.
b) No excavation shall be closer than fifteen
(15) feet to a property line.
c)
No slope shall exceed a two (2) foot hori-
zontal to a one (1) foot vertical (2:1)
grade.
(10) Temporary Buildings.
a)
Ail temporary structures shall be specified
in the Special Permit application and shown
on the plan,
Any structure erected on the premises for
use by personnel or storage of equipment
shall be located at least forty (40) feet
from any existing roadway and at least
thirty (30) feet from any lot line.
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5.8
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c)
Any temporary structure will be removed no
later than ninety (90) days after the ex-
piration date of the Permit.
(11) Mechanical Crushing and Screening.
a)
Ail crushing and screening Permits shall be
granted for a period not to exceed six (6)
months.
b) Said Permits shall be granted as a cleanup
procedure only.
c) Washing of processed material will not be
allowed.
d)
Operation of crushing or screening equipment
shall be from 7:30 a.m. until 5:00 p.m.,
Monday through Friday.
e)
Ail crushing and screening equipment shall
be equipped with suitable dust and noise
control devices.
Restoration Standards
(1)
Ail restoration must be completed within sixty
(60) days after the termination of an Earth
Removal Permit or by the first of June if the
Permit terminates between December first through
March thirty-first.
(2)
NO slope shall be left with a grade steeper than
a two (2) foot horizontal to a one (1) foot
vertical (2:1).
(3)
All siltation basins shall be filled with earth,
and a natural drainage pattern must be re-estab-
lished. No area upon the site which will
collect w~ter shall remain unless approval is
granted by the Board or unless the area was
shown on the original application plans.
(4)
Ail topsoil which was on the site prior to
earth removal operations shall be replaced
to a minimum depth of six (6) inches on all
disturbed areas. Sites that had less than
six .(6) inches of topsoil shall be restored
with a minimum of four (4) inches over the
entire area.
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5.9
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(5)
(6)
(7)
Seeding - The entire area shall be seeded with
grass or legume which contains at least sixty
percent (60%) perennials. The planted area
shall be protected from erosion during the es-
tablishment period using good conservation
practices. Areas which washout are to be re-
paired immediately.
Reforestation - Ail areas which are disturbed
in the earth removal operation shall be re-
forested with fifty percent (50%) coniferous
and fifty percent (50%) decidous trees planted
at the rate of one hundred fifty (150) trees
per acre. 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 agricultural purposes
after earth removal operations are completed may
be reforested in the following manner:
a)
Trees shall be planted twenty-five (25)
feet deep from a public road or property
line.
b)
The remaining area shall immediately be
planted with grass or other suitable agri-
cultural planting material. Permits issued
by the Building Inspector for soil removal
incidental to construction or for special
purposes are exempt from reforestation para-
graph.
Within ninety (90) days of completion of opera-
tions, all equipment, accessory buildings,
structures, and unsightly evidence of operation
shall be removed from the premises.
Security Requirement
There must be filed with the Town Treasurer, a
continuous bond or deposit of money in the
minimum 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.
(2) After completion of the total project, and at
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the applicant's written request, the Board may
grant a partial release of any security posted
by the applicant. One (1) year after such a
partial release is granted and if in the opinion
of the Board, no damage or deterioration to the
finished project has developed, the Board will
issue a final release of the security. If,
during the year following the date of a partial
re~ease, slumping, gullying, erosion, or any
other unsatisfactory condition appears, the
applicant shall be responsible for, and shall
make any necessary repairs, before final release
of security is granted.
The bonding agent shall be required to give the
Board of Appeals, by Registered or Certified
mail, a s~xty (60) ~ay notice prior to any
termination or cancellation of the Bond.
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SECTION 6
SIGNS AND OUTDOOR LIGHTING REGULATIONS
6.1 Authority and Interpretation
This By-Law is adopted as a general By-Law pursuant
to Chapter 93, Sections 29-33 inclusive, as amended,
and a Zoning By-Law pursuant to Chapter 40-A, as
amended, of the General Laws of the Commonwealth of
Massachusetts. This By-Law is hereby declared to be
remedial and protective, and is to be so construed
and interpreted as to secure the beneficial interests
and purposes defined in Section 6.2 of this By Law.
6.2 Purposes
(1)
The regulation and restriction of signs within
the Town of North Andover in order to protect
and enhance the visual environment of the Town
for purposes of safety, convenience, informa-
tion, and welfare of its residents.
(2)
The restricting of signs and lights which over-
Load the public°s capacity to receive informa-
tion, which violate privacy, or which increase
the probability of accidents by distracting
attention or obstructing vision.
(3)
To encourage signage and lighting which aid
communication, orientation, identify activi-
ties, express local history and character,
serve educational purposes for the public
good.
(4)
The reduction of visual and informational con-
flict among private signs and lighting and
between the private and public information
systems.
6.3 Definitions
ACCESSORY SIGN - A sign that advertises acti-
vities, goods, products, or a specific use,
owner, or tenant, available within the building
or on the property on which the sign is located,
or advertises the property as a whole or any
part thereof for sale or rent.
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(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
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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.
DIRECTIONAL SIGN - A non-accessory sign con-
taining no advertising and giving direction
to community (non-commercial) activities,
buildings, areas, such as churches, schools,
playgrounds, museums, historical sites, public
buildings, etc.
DISPI2%Y WINDOW SIGNS - Temporary signs on the
surface of or inside display windows, lighted
only by the general building illun~ination.
ERECT - Shall mean and include to construct,
place, relocate, enlarge, alter, attach,
suspend, and post.
FLAGPOLE - A pole erected on a roof, or pro-
jecting from a building or structure or on the
ground.
FREES?ANDING 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.
IL~.~MINATED SIGN - Illuminated sign shall mean
any sign illuminated by electricity, gas, or
other artificial light including reflective or
phosphorescent light and shall include location
of source of illumination.
(10) MARQ~Jgg - Any sheltering structure of permanent
construction projecting from and totally sup-
ported by the wall and/or roof of a building.
(11) NON-ACCESSORY SIGN - Any sign that is not an
accessory sign.
(12) PERMANENT SIGN - Any sign permitted to be
erected and maintained for more than sixty (60)
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da ys.
(13) PRIMARY SIGN - The principal accessory sign
which may be a wall, roof, or ground sign, as
allowed in Section 6.6.
(14) PROJECTING SIGN - Any sign which is attached or
suspended from a building or other structure
and any part of which projects more than twelve
(12) inches from the wall surface of that
portion of the building or structure.
(15) ROOF SIGN - Any sign erected, constructed, and
maintained wholly upon, connected to, or over
the roof or parapet of any building with the
entire support on the roof or roof structure.
(16) SECONDARY SIGN - Is a wall, roof, or ground
sign intended for the same use as a primary
sign but of smaller dimensions and lettering,
as allowed in Section 6.6.
(17) SIGN - A sign is any structure, mechanically
or electrically driven, still or moving device,
light, letter, figure, word, model, banner,
pennant, tradeflag, or representation that is
designed to be seen from outside the lot on
which it is erected. It advertises activities,
goods, places, persons, objects, institutions,
organizations, associations, businesses or
events, products, services, or facilities
available either on the property where the
sign appears or in some other location. The
definition includes electric signs in windows
or doors, but does not include window displays
of merchandise. A sign may be permanent or
temporary.
(18) SIGN SIZE (area) - The surface area of any sign
is the entire area within a single continuous
perimeter enclosing the extreme limits of
lettering, representation, emblems, or other
figures, together with any material or color
forming an integral part of the display or
used to differentiate the sign from the
background against which it is placed.
Structural members bearing no sign copy shall
not be included.
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6.4
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(19) WAft. SIGN - Any sign affixed to, suspended from
or painted on a wall, window, marquee, or
parapet.
Administriation and Enforcement
Enforcement - The Building Inspector is hereby
designated as the Sign Officer and is hereby
charged with the enforcement of this By-Law.
a)
The Sign officer and his duly authorized
agents shall, at reasonable times and
upon presentation of credentials, have
the power to enter upon the premises on
which any sign is erected or maintained
in order to inspect said sign.
The Sign Officer is further authorized,
upon notice as herein provided, to order
the repair or removal of any sign which
in his judgment is a prohibited non-
accessory sign, or is likely to become
dangerous, unsafe, or in disrepair, or
which is erected or maintained contrary
to this By-Law. The Sign Officer shall
serve a written notice and order upon
the owner of record of the premises
where the sign is located and any ad-
vertiser, tenant, or other' persons known
to him ha=lng control of or a substantial
interest in said sign, directing the
repair or removal of the sign within a
time not to exceed thirty (30) days after
giving such notice. If such notice and
order is not obeyed within such period
of time, the Sign Officer and his duly
authorized agents shall, at reasonable
times and upon presentation of credentials.
have the power to enter upon the premise~
on which said sign is erected or maintained
and repair or remove, or cause to be re-
paired or removed, said sign. All ex-
penses incurred by the Sign Officer and
his duly authorized agents in repairing
or removing any sign shall be assessable
against any person who failed to obey
said notice and order and shall be re-
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(2)
(3)
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covetable in any court of competent juris-
diction if not paid within thirty (30) days
after written notice of assessment is given
by the Sign Officer to any such person.
Permits:
a)
No permanent sign shall be erected, altered,
or enlarged until an application on the
appropriate form furnished by the Sign
Officer has been filed with the Sign
Officer containing such information,
including photographs, plans and scale
drawings, as he may require, and a permit
for such erection, alteration, or en-
largement has been issued by him. Such
permit shall be issued only if the Sign
Officer determines that the sign complies
or will comply with all applicable
provisions of this By Law.
Reports to Outdoor Advertising Board and the
Public:
a)
On or before May 1 in each year, the Sign
Officer shal~ prepare and certify a list
of all non-accessory signs within the
Town which do not conform to the require-
ments of this By-Law. Such list shall
specify for each such sign the permit
number, if any, the owner of record of
the premises where the sign is located,
and any advertiser, tenant, or other
person known to him having control of or
a substantial interest in said sign, and
a description of the reasons for such
non-conformance, including a citation to
the applicable provisions of this By-Law.
A copy of such list shall be delivered
or mailed by that date to the Outdoor
Advertising Board and shall be posted
for a period of at least three months,
beginning on May 1 in each year, in the
office of the Town Clerk.
b)
The Sign Officer shall keep records of all
actions taken pursuant to this By-Law.
He shall make an annual report to the Town
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listing all such actions and any apparent
violations of this By-Law.
(4) Non-conformance of Accessory Signs:
Accessory signs legally erected before the
adoption of this By-Law which do not conform to
the provisions of this By Law may continue to be
maintained, provided, however, that no such sign
shall be permitted if it is, after the adoption
of this By-Law, enlarged, reworded (other than
in the case of theater or cinema signs or signs
with periodically changing messages), redesigned
or altered in any way, including repainting in a
different color, except to conform to the re-
quirements of this By-Law; and provided further
that any such sign which has deteriorated or
been damaged to such an extent that the cost of
restoration would exceed thirty-five percent
(35%) of the replacement cost of the sign at
the time of the restoration shall not be re-
paired or rebuilt or altered except to conform
to the requirements of this By-Law. Any ex-
emption shall terminate with respect to any
sign which:
a) shall have been abandoned;
b)
c)
advertises or calls attention to any
products,'businesses or activities which
are no longer sold or carried on, whether
generally or at the particular premises; or
shall not have been repaired or properly
maintained within thirty (30) days after
notice to that effect has been given by
the Sign officer.
6.5 Allowed Signs
(1) Residence Districts: Accessory Signs
a)
One sign displaying the street number and/
or name of the occupant of the premises
not exceeding 1 square foot in area.
Such sign may include identification of an
accessory professional office, home occu-
pation, or other accessory uses permitted
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b)
c)
d)
e)
f)
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in a residence district.
One unlighted, temporary "For Sale" or "For
Rent" sign not exceeding 6 square feet in
area and advertising only the premises on
which it is located; to be removed fourteen
(14) days after sale, rental or lease.
One unlighted contractor's sign, not ex-
ceeding 12 square feet in area, maintained
on the premises while construction is in
process and containing information relevent
to the project. Such sign shall be removed
promptly after completion of the con-
struction.
g)
One unlighted identification sign at each
public entrance to a subdivision not ex-
ceeding 12 square feet in area; to be re-
moved when the subdivision is completed.
One identification sign at each public en-
trance to a multi-family development not
exceeding 12 square feet in area.
Bulletin or announcement boards, identifi-
cation signs or entrance markers for a
church, synagogue, or institution, not
exceeding a combined total of 30 square feet
and provided that there shall be no more
than two (2) signs allowed on the premises.
One sign for a non-residential use that is
a permitted use, a use allowed by Special
Permit, or a legal non-conforming use.
The sign may be no more than one-half the
area that would be allowed if the sign were
in a business or industrial district.
Accessory, professional, home occupation,
and other permitted uses are subject to
Section 6, Paragraph 6.5 (1) a).
Notwithstanding any other provisions of
this By-Law, signs may be erected for
posting land; ie., no hunting, no tres-
passing, etc.
(2) Residence Districts:
Non-accesSory Signs
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(3)
a) Directional signs by Special Permit from the
Board of Selectmen, limited as follows:
1. Two signs for each activity, not ex-
ceeding 6" x 30" in size.
Ground signs not exceeding 8 feet in
height.
Street banner or signs advertising a public
or charitable entertainment or even%, by
Special Permit from the Board of Selectmen.
Such a sign shall be removed within seven
(7) days after the event.
Business and Industrial Districts: Accessory
Signs
a)
b)
c)
Ail signs permitted in residence districts
as provided in Sections 6.51 and 6.52.
Each owner, lessee, or tenant shall be
allowed a primary and a secondary sign.
Said signs may be used as ground, wall, or
roof signs. No lot shall be allowed to have
more than one (1) ground sign structure.
Traffic control, orientational and guidance
signs located on private property, up to
4 square feet in area, displayed for pur-
poses of direction or convenience, in-
eluding signs, identifying parking, fire
lanes, rest rooms, freight entrances and
the like.
d)
Building directories (if located outside)
may be affixed to the exterior wall of a
building at each public entrance. Such
directory shall not exceed an area de-
termined on the basis of 1 square foot
for each establishment occupying the
building.
e)
One unlighted, temporary real estate sign
of up to 12 square feet pertaining to the
sale, rental or lease of the premises; to be
removed within fourteen (14) days of sale,
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f)
g)
rental or lease.
Service stat%ons or garages may d~vide the
allowed wall sign area into separate,
smaller wall signs indicating separate oper-
ations or departments. The allowed ground
sign area may be divided between one ground
sign and one free-standing sign. Two
additional primary ground signs may be
allowed by Special Permit from the Special
Permit awarding authority.
Display window signs covering no more than
20 percent (20%) of the dispaly window area.
6.6 Sign Regulations
(1) Illumination
No sign shall be illuminated between the hours of 12
midnight and 6:00 a.m., unless, in the case of an
accessory sign, the premises on which it is located
are open for business. Signs may be illuminated by
the following means without causing hazardous con-
ditions for motorists of offending pedestrians or
neighboring premises:
a) by a steady stationary light of reasonable
intensity shielded and directed solely at
the signl
b) by an internal light of reasonable inten-
sity; or,
c) by neon or gas-filled tubes.
(2) Outdoor Lighting
Ail temporary or permanent outdoor lights, such as
those used for area lighting, building floodlighting,
or sign lighting shall be steady, stationary,
shielded sources directed so that the light source
is not directly visible to any point beyond the lot
lines of the premises.
(3) Letter Size
a) Primary Signs
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1. Wall or roof sign: 1/2 inch of letter height
allowed per foot of building frontage with a
maximum of seven (7) feet. Eighteen (18) inch
height allowed if the building frontage is less
than thirty-six (36) feet.
2. Ground sign: Eighteen (18) inch maximum
letter height allowed.
b) Secondary Signs
Eight (8) inch maximum letter heigh~ allowed.
c) Logos
Twice letter height allowed but limited to seven
(7) foot maximum height.
(4) Sign Size
a) Primary wall and roof signs attached to or part
of the architectural design of a building shall
not exceed, in total area, more than ten percent
(10%) of the area of the two dimensional eleva-
tion of the building as determined by the building
frontage multiplied by the height.
b) A primary ground sign shall be limited to one (1)
square foot for each five (5) linear feet of
street frontage of the lot on which the sign is
located. All street frontages may be used in
determining sign size.
c) A secondary sign shall be limited to one-half
(1/2) the area permitted for a primary sign.
d) Only one side of a double-faced sign shall be
included in calculating surface area; providing
that the two (2) display surfaces are joined at
an angle no greater than 45 degrees. All sides
of multi-faced signs, visible from any one point,
shall be included in the calculation of surface
area.
(5) Sign Height and Location
a) Corner Lots - the owner of the premises shall be
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allowed to choose the street orientation of
allowed signs.
b) No wall or roof sign shall extend more than four
(4) feet above the lowest point of the roof of
the building with which it is associated.
c) No wall or roof sign shall overhang the public
way more than twelve (12) inches.
d) Ground signs shall be set back a minimum of ten
(10) feet from all property lines and a minimum
of forty (40) feet from all residential districts
or structures and shall be limited in height to
twenty (20) feet above grade.
6.7 Prohibitions
(1) NO sign shall contain any moving, flashing, or ani-
mated lights, or visible moving or moveable parts,
except such portions of a sign as consist solely of
indicators of time and/or temperature, or which
have historic significance.
(2) No sign shall be erected, displayed, or maintained:
a) Upon any rock, tree, fence, or utility pole;
b) If it contains any obscene, indecent, or immoral
matter;
c) Unless all parts and attachments and the ground
about the base thereof are kept in neat and safe
conditions.
(3) No sign shall be permitted of allowed robe so lo-
cated as to obstruct a view of the rights of way at a
corner of intersecting streets or at an entrance to
a street.
(4) No sign shall obstruct any means of egress from a
building.
(5) No sign shall detract from the effectiveness of a
traffic signal.
(6) No political sign shall be maintained or erected
in the town.
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(7) Projecting signs are prohibited.
(8) Non-accessory signs are prohibited except for
directional signs as allowed in Section 6~52.
6.8 Severability
The invalidity of any section or provision of this By-Law
shall not invalidate any other section or provision here-
of.
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DIMENSIONAL REQUIREMENTS
7.1 Lot Area
Minimum lot areas for such uses in each district shaT] be
as set forth in Table 2, Summary of Dimensional Require-
ments, which is hereby made part of this By-Law.
1) In determining the fulfillment of the minimum area
and minimum street frontage of a lot required in any
zoning district, there shall not be included any land
within the limits of a street upon which such lot abuts
even if the fee to such street is in the owner of the
lot; except that if a corner lot at its street corner is
bounded in part by a segment of curved line not more than
seventy-five (75) feet in length connecting other ]~nes
bounding such lot which if extended would intersect, the
area and frontage required in such lot shall be computed
and if such potentially intersecting lines were so
extended; but if a curved line more than seventy-five
(75) feet in length is the whole of any one boundary line
of a lot, the minimum area and minimum frontage required
shall be determined entirely within the lines bounding
such lot, including such curved line.
2) No lot, upon which is then located any buildings or
with respect to which a permit has been issued and is
then outstanding for the erection of any building, shall
be subdivided or reduced in area in any manner unless
said lot shall, thereafter fulfill the lot area, street
frontage and yard space requirements of this By-law
except as may be permitted otherwise by the provisions of
a variance granted by the Board of Appeals. If land be
subdivided, conveyed, devised or otherwise transferred in
violation hereof, no building permit or other perm{t
shall be issued with reference to any of the ]and so
transferred or to the lot(s) retained until ail of such
land and lots meet the requirements of this Zoning By-
Law. Any ]and taken by eminent domain or conveyed for a
public purpose for which the land could have been taken
shall not be deemed to be transferred in violation of the
provisions hereof.
7.2 Street Frontage
Minimum street frontage shall be as set forth in Table 2.
In no case shall actual street frontage at the street
line be less than seventy-five (75) feet. Corner lots
shall be required to have the required frontage only on
one street.
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~) Minimum street frontage exceptions for larger lots:
notwithstanding the above provisions, a lot in any
residential district need not have the specified amount
of street frontage, provided that:
a) The area of the lot exceeds by three f3) t~mes
the mJ. nimum lot area required for that distr~ct;
b) The lot has a minimum continuous street frontage
of not less that fifty f50) feet and a width of
not less than fifty (50) feet at any point be-
tween the street and the site of the dwelling;
c) There ~.s not more than one other such 3or with
frontage contiguous to it; and
d) It is not so located as to block the possible
future extension of a dead end street.
e) No such ~ot as described above on which a dwelling
is located, shall be hereafter reduced ~n area
below the minimum area required ~n Section 7.2.1.
(]985/16)
7.3 Yards (Setbacks)
Minimum front, s~de and rear setbacks shall be as set
forth in Table 2, except for eaves and uncovered steps.
Buildings on cormer lots shall have the requi~ed front
setback from both streets, except in Residence 4
District, where the setback from the side street shal~ be
twenty (20) feet m~n~mum.
7.4 Building Heights
Maximum heights of buildings and structures shall be as
set forth in Table 2. The foregoing ]imitat~ons of
height in feet in the designated zoning districts shall
not apply to:
1. Farm buildings on farms of not less than ten (10)
acres.
Nor shall they apply to chimneys, ventilators, sky-
lights, tanks, bulkheads, penthouses, processfng
towers, and other accessory structural features
usually erected at a height greater than the main
roofs of any building.
Nor to domes, bell towers, or spires of churches
or other buildings, provided all features are in no
way used for living purposes.
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And further provided that no such structura! feature
of any non-manufacturing building shall exceed a
height of sixty-five (65) feet from the ground.
5. Nor of a manufacturing building a height of eighty-
five (85) feet from the ground.
7.4.l Lot Width
The width on any lot created shall have a minimum
lot width of fifty (50) feet between the legal
frontage and building set back to the front build-
ing line. ~1985/24)
7.5 Lot Coverage
Maximum lot coverage by buildings shall be as set forth
in Table 2. Lot coverage shall mean the percent of the
lot covered by principal and accessory structures.
7.6 Floor Area Ratio
Maximum floor area ratio (FAR) shall be as set forth in
Table 2. FAR is the ratio between the total amount of
building floor area on all usable floors and the area of
the lot on which it is located.
7.7 Dwelling Unit Density
Maximum dwelling unit density (dwelling units per acre)
shall be as set forth in Table 2.
7.8 Exceptions
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 ].ess
frontage than above required if such lot be not
adjoined by other land of the same owner, available
for combination with or use in connection with such
lot, provided that the applicant for a building
permit on any such lot shall show by citations from
the Essex County Registry of Deeds incorporated in or
attached to such app]icatlon that such tot was
lawfully laid out and duly recorded by plan or deed
prior to January 9, 1957 and provided that on such a
lot there shall be kept open and not built upon a
front yard and a rear yard each not less than 20 feet
deep, and two side yards, each not less than 12 feet
wide: and further provided that such lot shall have a
minimum street frontage of 50 feet and a minimum lot
area of 5,000 square feet.
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In Residence 4 (R-4) Districts on]y, two or more
vacant lot, mutually adjoining, may with a Special
Permit from the Board of Appeals be permitted to be
combined into a new lot or lots of not less than
10,000 square feet area each, and with not less than
100 feet street frontage, provided it be shown to the
Board of Appeals that each of said vacant lots before
combination was of less area or less frontage than
required herein and, by citations from the Essex
County Registry of Deeds, that each such lot was
lawfully laid out and duly recorded by plan or deed
prior to January 9, 1957 and the Building Inspector
shall permit the construction of one single family
dwelling on each such 10,000 square foot lot.
Notwithstanding any other provisions of ]aw, no
amendment to this Zon~.ng By Law shall apply to or
affect the size, shape, or frontage of any lot shown
on a plan of a subdivision as defined tn Section
of Chapter 41 of the General Laws if the plan of such
subdivision has been f~nally approved by the Plannfng
Board and duly recorded pursuant to sa~d Chapter 41
prior to such Zoning By Law amendment, for a period
of five (5) years from the date of endorsement of the
definitive plan by the Planning Board.
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Front setback shall be a minimum of 100 feet along Route 114,
regardless of district, and 100 feet along Route 125 in
Industrial 1 and 2 Districts; the first 50 feet of front
setback under this requirement shall be planted and landscaped
and no parking shall be permitted.
Adjacent to residential districts, an additional 15 foot side
or rear setback shall be required. The first 15 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 requirement may be eliminated when two (2) adjoining
property owners agree to share a party wall.
Adjacent to residential districts, the required side or rear
setback shall be 100 feet. The first 50 feet of such setback
abutting the residential district shall remain open and green,
be suitably landscaped, unbuilt upon, unpaved and not parked
upon.
If an enclosed parking structure is provided, lot coverage may
be increased up to the amount of such parking area but not to
exceed a total coverage of 45%.
Minimum lot size for a townhouse complex shall be 43,560
square feet although individual townhouse lots may be a
minimum of 3,000 square feet. Minimum lot size for an
apartment complex shall be 60,000 square feet.
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Dimensional regulations for townhouse complexes shall meet the
requirement of the Residence 5 District; individual townhouses
within the complex, however, shall be regulated as follows:
Minimum Street Frontage:
18 Feet
Minimum Front Setback:
30 Feet
Minimum Side Setback:
None required where a
party wall is constructed
between units; otherwise
a 25 foot side setback
shall be provided.
Minimum Rear Setback:
30 Feet
Maximum Floor Area Ratio:
1.20:1
Maximum Lot Coverage: 35%
Maximum Number of Contiguous
Units: 10
7. The following additional requirements shall apply when
apartments or townhouse complexes are constructed in this
district:
a) There shall be a paved driveway or paved walk adequate to
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b)
c)
d)
e)
f)
accommodate emergency vehicles within 50 feet of the out-
side entrance of each dwelling unit.
Any road providing access to townhouses or lots intended
for townhouses shall conform to the Subdivison Control
Regulations of the Planning Board.
Any road providing access to more than 18 apartment
dwelling units or more than 24 parking spaces shall con-
form to appropriate provisions of the Subdivision Control
Regulations as if it were a minor residential street.
Before issuing a building permit in such cases, the
Building Inspector shall obtain a report from the Planning
Board on the extent of such conformity.
Maximum height (apartment building): 40 feet.
Maximum stories of living quarters (apartment building):
3.
Maximun units per structure (apartment building): 18.
In Residence 4 Districts only, front setbac~ may be the
average of all front setbacks of dwelling units within 250
feet on either side of lot. Buildings on corner lots shall
have the required front setback from both streets except in
the Residence 4 Districts, where setback from the side street
shall be a minimum of 20 feet.
Nursing and convalescent homes shall have at least 600 square
feet of lot area per bed. Minimum lot size for such homes in
R 1, R 2, and R 3 Districts shall be 2 acres.
10. Where a public sanitary disposal site is the primary use, the
setback area shall be used to provide a screening, natural or
artificial, from adjacent residential use of public roadway.
11. Where a public sanitary disposal site is the primary use, an
increase up to 100% of the lot coverage shall apply, not
including the setback areas.
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SECTION 8 SUPPLEMENTARy REGULATIONS
8.1 Off Street Parking
1.
Whenever a building is erected, reconstructed, moved
or expanded or if a change in use occurs so as to
increase its floor area and/or design capacity, there
shall be provided on the same lot with such building
or on a lot contiguous thereto (or within 100 feet
thereof) in the same ownersh].p as the parcel
containing the primary use, a sufficient 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 areal:
U~e
One or t~o-family residence
Multi-family residence
Ail other places with
sleeping accomodations
including rooming houses,
hotels, motels, hospitals,
nursing homes, etc.
Auditoriums, theaters,
athletic fields, funeral
parlors, and other places
of assembly.
Minimum Spaces Required
One space per dwelling unit
1.50 spaces per dwelling unit
for two or more bedrooms. 1.25
spaces per dwelling unit of
less than two bedrooms. 0.50
spaces per dwelling unit for
units designed and occupied
for the elderly under govern-
ment assisted programs.
One space per sleeping room
for single or double occupancy.
(If occupancy exceeds two per
room, one space per two beds
shall be provided.
One space for each four persons
based on design capacity of
the facility.
Restaurants and other
eating and drinking places.
Retail store and service
establishments.
One space for each three seats.
Six spaces per 1,000 square
feet of net ground floor area
(excluding storage area), ex-
cept five spaces per 1,000
square feet of net ground
floor area (excluding storage
area) in Bus,ness ] and 2 and
General Business. Establ ~sh-
ments located within 350 feet
of a municipal parking lot
shall have 50 percent Of the
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required number of parking
spaces.
Offi. ces, research facilities
Warehousing, wholesaling,
distributing
Manufacturing, assembly,
fabricating, etc.
In addition, one-half the re-
quirements for uses on the
first story shall be required
for each additional story.
Three spaces per ],000 square
feet of net floor area
cluding storage area).
One space per 1,000 square feet
of gross floor area.
One space for each two employ-
ecs in the maximum working
shift or one space for each
1,000 square feete of gross
floor area, whichever is
greater.
The required parking for any two (2) or more uses or
structures may be provided by the allocation of the
total of the various spaces required for each use or
structure in a common parking facility, cooperatively
established and operated.
The regulations of this section shall not apply to
non-residential uses or structures whose m~.nimum
parking under the above schedule would amount to five
(5) parking spaces or ]ess or residential uses or
structures whose minimum parking would amount to two
(2) parking spaces or less.
If the Bull. ding Inspector is unable to ~dentify a use
with one (1) or more of the uses in the above
schedule, appliCation shall be made to the Board of
Appeals for the purpose of determining a sufficient
quantity of parking spaces to accomodate the
automobiles of all customers, employees, visitors,
occupants, members or clients consistent with the
provisions contained in the above schedule.
The Board of Appeals may by variance make exceptions
to the provisions of this section and, upon a written
request of the owner and after a public hearing,
authorize the Building Inspector to |ssue permits for
buildings and uses having less off-street parking
than specified herein, whenever the Board of Appeals
finds that under .normal circumstances such lesser
off-street parking area would adequately provide for
the needs of all persons using such building. Such
exceptions may be limited as to time, use or
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~.ntensity of use.
A parking space sha~l mean an area of not ]ess than 9
x 18 feet accessible over unobstructed driveways.
These spaces shall be graded and paved for all except
one or two family residential uses.
7. For multi-family dwellings the front yard sha]] not
be used for parking for accessory uses.
8. In all residential districts the front yard shall not
be used for parking for accessory uses.
In residence districts parking or outdoor storage of
one (1) recreational vehicle (camper, etc.) and one
(1) boat per dwe]ling unit may be permitted in an
area to the rear of the front line of the bu]ld{ng.
A!] other recreational vehicle and boat storage
any) shall be within closed structures.
10. Loading facilities provided for any use sha~! be
sized, located, arranged, and of sufficient number to
allow service by the type of vehicle customarily
expected for the use while such vehicle is parked
completely clear of any public way or sidewalk.
ll. In residence districts garaging or off-street parking
of not more than four ~4) motor veh]c!es per dwe])ing
unit may be permitted, of which four (4) motor
vehicles, not more than two (2) may be commercial
vehicles other than passenger sedans and passenger
station wagons, but not counting farm trucks nor
motor-powered argicultural implements on an
agriculturally active farm or orchard on which such
vehicles are parked. Commercial vehic]es in excess
of one (1) ton capacity shall be garaged or screened
from view of residential uses within three hundred
(300) feet by either:
a) A strip at least four (4) feet wide, densely
planted with trees or shrubs which are at least
four (4) feet high at the time of p]anting and
which are of a type that may be expected to form a
year-round dense screen at least six (6) feet high
within three (3) years, or
b) An opaque wall, barrier, or fence of uniform
appearance at least five (5) feet high, but not
more than seven (7) feet above finished grade.
c) Such screening shall be maintained in good con-
dition at all times, and shall not be permitted
to exceed seven feet in height within required
side yards. Such screening Or barriers may be
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interrupted by normal entrances or exits and
shall not be required within ten (10) feet of a
street lot line.
Garaging or off-street parking of an additional
two (2) commercial vehicles may be allowed by
Special Permit.
When it is deemed to be in the public good,
parking for additional pleasure vehicles may be
allowed by Special Permit.
8.2 Automobile Service Stations and Other Automotive Services
Automobile service and filling stations, automobile re-
pair shops, body shops and painting shops, tire stores,
radiator shops or any of their appurtenances or access-
ory uses shall not be erected, placed or located within
fifty (50) feet.of any residence district or residence
~structure.
In addition, the use or structure shall conform to the
following requirements (in addition to district require-
ments):
1. The minimum frontage on a street shall be one hundred
and fifty (150) feet.
The maximum width of driveways and curb cuts measured
at the street lot line or lines shall be thirty ~30)
or barriers
may be interrupted by normal entrances or exits
and shall not be required within ten (10) feet
of a street lot line.
8.3 Site Plan Review
Purpose - The site plan review provisions are for the
purpose of administering the provisions of this
bylaw, to ensure the most advantageous use of ali.
properties, and for the reasonable protection of the
legitimate interests of adjoining property owners and
occupants.
In a Business or Industrial District, no building
permit shall be issued for the construction of any
new building or structure, or for renovation or
expansion purpose~ requiring more than ten (10)
parking spaces, until the Planning Board has issued a
Special Permit.
Said plan shall be prepared ~and stamped'by a' registered
architect andregistered engineer and landscape
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architect, and bearing an endorsement of approval
the Planning Board. Plan to be recorded with
decision at the Registry of Deeds.
Procedure - The applicant shall submit nine ~9~
copies of the site plan to the Planning Board fo~
distribution to each appropriate Town board and
department for their review and recommendations. The
Planning Board shall not make a finding and
determination upon an application until a public
hearing has been held and has received board and
department recommendations.
3. Plan Requirements
a) Compliance with the requirements for parkinEand
loading spaces for lot size, frontage, yards and
heights and coverage of building, and ail other
provisions of the bylaw;
b) Convenience and safety of vehicular and pedestrian
movement on the site, and for the location of
driveway openings in relation to street traffic;
c) Adequacy as to the arrangement and where not
herein specified, the number of parking and
loading spaces in relation to the proposed uses of
the premises:
d) Arrangement, design and appearance of proposed
building, structures, free-standing or ground
signs, screening and principle landscapinq; such
as lighting and planting areas showing size and
kind of plants to be used:
e) Adequacy of the methods of the site for waste
disposal, surface and sub-surface drainage:
f) Location of wetland areas and existing and
proposed topography.
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SECTION 9 NON-CONFORMING USgS
9.1 Continuance
Any non-conforming building, structure, or use, as
defined herein, whi~% lawfully existed at the time of
passage of the applicable provision of this or any prior
By Law or any amendment thereto may be continued subject
to the provisions of this By Law. Any lawfully
non-conforming building or structure and any lawfully
non-conforming use of building or land may be contiuued
in the same kind and manner and to the same extent as at
the time it became lawfully non-conforming, but such
building or use shall not at any time be changed,
extended or enlarged except for a purpose permitted in
the zoning district in which such building or use is
situated, or except as may be permitted by a Special
Permit or otherwise by the North Andover Board of
Appeals. Pre-existing non-conforming structures or uses,
however, may be extended or altered, provided that no
such extension or alteration shall be permitted unless
there is a finding by the Board of Appeals that such
change, extension, or alteration shall not be
substantially' more detrimental than the existing
non-conforming use to the neighborhood.
9.2 Alteratin or Extension
A use or structure housing a use, which does not conform
to the regulations of this By Law but which did conform
to all applicable regulations when initially established
shall not be changed, extended, or enlarged except in
accordance with the following provisions:
e
Such change shall be approved by a Special Permit
or otherwise by the Board of Appeals.
Such change shall be permitted only upon the same lot
occupied by the non-conforming use on the date that
it became non-conforming.
Any increase in volume, area, or extent of the non-
conforming use shall not exceed an aggregate of more
than twenty five percent (25%) of the original use.
No chan~e shall be permitted which tends to lengthen
the economic life of the non-conformity longer than a
period reasonable for the amortization of the initial
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investment.
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9.3 Rebuilding After Catastrophe
Any non-conforming building or structure destroyed or
damaged by fire, flood, lightning, wind or otherwise to
the extent of sixty-five percent (65%) or more of its
reproduction cost at the time of such damage shall not be
rebuilt, repaired, reconstructed nor altered except for a
purpose permitted in the zoning district in which such
building is located, or except as may be permitted by a
Special Permit or otherwise by the Board of Appeals
acting under G.L. Chapter 40-A.
9.4 Abandonment
If any lawfully non-conforming building or use of a
building or land be at any time discontinued for a period
of two (2)years or more, or if such use or building be
changed to one conforming with the North Andover Zoning
By Law in the district in which it is located, it shall
thereafter continue to conform.
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SECTION 10
ADMINISTRATION
10.1 Enforcement
The North Andover Zoning By Law shall be enforced by
the North Andover Building Inspector. The Building
Inspector, upon being informed in writing of a possible
violation of this By Law or on his own initiative,
shall make or cause to be made an investigation of
facts and an inspection of the premises where such
violation may exist. If the Building Inspector is so
informed in writing and declines to act, he shall
within fourteen (14) days of his receipt of such
information give to his informant, in writing, his
reasons for refraining from taking any action. The
Building Inspector, on evidence of any violation afte~
investigation and inspection, shall give written notice
of such violation to the owner and to the )ccupant of
such premises, and the Building Inspector shall demand
in such notice that such violation be abated within
such reasonable time as may be given by mail addressed
to the owner at the address appearing for him on the
most recent real estate tax records of North Andover,
and to the occupant at the address of the premises of
such seeming violation.
If, after such notice and demand, such violation has
not been abated within the time specified, the Building
Inspector or the Selectmen shall institute appropriate
action or proceedings in the name of the Town of North
Andover to prevent, correct, restrain or abate any
violation of this By Law.
10.11 Building Permit
No building shall be erected, altered, moved, razed or
added to in North Andover without a written permit
issued by the Building Inspector. Such permits shall
be applied for in writing to the Building Inspector.
The Building Inspector shall not issue any such permit
unless the plans for the building and the intended use
thereof in all respects fulfill the provisions of the
North Andover Zoning By Law (and other applicable town
by-laws) except as may have been specifically permitted
otherwise by action of the North Andover Board of
Appeals, provided a written copy of the terms governing
any exception so permitted be attached to the
application for a building permit and to the building
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permit issued therefor. One copy of each such permit,
as issued, including any conditions or exceptions
attached thereto, shall be kept on file in the office
of the Building Inspector.
In addition to the information required above, a plot
plan shall indicate provisions for all other ~%ysical
requirements of this ByLaw, including but not limited
to off-street parking, screening and fencing.
Upon granting a permit the Building Inspector shall
cause a copy to be posted on the property to which it
relates in a conspicuous place.
10.12 Certificate of Use and Occupancy
No building hereafter erected, enlarged, extended, or
altered shall be used or occupied in whole.or in part
until a Certificate of Use and Occupancy has been
issued by the Building Inspector. No building or land
changed from one use to another, in whole or in part,
shall be occupied or used until a Certificate of Use
and Occupancy has been issued by the Building
Inspector. This certificate shall certify compliance
with the provisions of this By Law and of all
applicable Codes (1974).
10.13 Penalty for Violation
Whoever violates any provisions of this By Law shall be
punished by a fine not exceeding Twenty Dollars
($20.00) for each offense. Each day that such
violation continues shall constitute a separate
offense.
10.2 Board of Appeals
10.21 Appointment and Organization
There shall be a Board of Appeals of five (5) members
and not more than three (3) Associate Members, which
shall have and exercise all the powers provided under
G. L. Chapter 40-A, and which shall hear and decide all
matters specifically referred to the Board of Appeals
by the North Andover Zoning By Law and other matters
referred to such Board by statute. The Board of
Appeals members and Associate Members shall be
appointed by the Selectmen in the manner provided by
statute.
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Within two (2) weeks of the beginning of each calendar
year, the Zoning Board of Appeals shall organize and
elect a Chairman and Clerk from within its own
membership.
The length of terms of the members of the Board of
Appeals shall be such that the term of one member
expires each year. A member of the Board of Appeals
may be removed for cause by the Board of Selectmen only
after written charges have been made and a public
hearing has been held.
Vacancies caused by dismissal, resignation, death or
any other cause shall be filled in the same manner as
Zoning Board of Appeals.members are appointed.
10.22 Powers of the Board of Appeals
The Board of Appeals shall have the following powers:
1. To hear and decide actions and appeals as provided
herein;
To hear and decide applications for appropriate
Special Permits and variances which the Board
of Appeals is required to act upon under this By
Law.
10.3 Special Permit
The Special Permit Granting Authority shall adopt rules
and regulations for the conduct of its business
relative to the issuance of Special Permits. A copy of
these rules and regulations shall be filed with the
Town Clerk. The rules and regulations shall contain,
as a minimum, a description of the size, form,
contents, style and number of copies and number of
plans and specifications to be submitted and the
procedures for submission and approval of Special
Permits.
The Special Permit Granting Authority may grant a
Special Permit within the framework of this By Law only
after holding a public hearing which must be held
within sixty-five (65) days after the applicant files
for such Special Permit. The sixty-five (65) day
period shall be deemed to have begun with the filing of
the application with the Special Permit Granting
Authority. The applicant is responsible for
transmitting a copy of the application for a Special
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Permit within twenty-four (24) hours of the filing of
the application with the Planning Board or the Board
Selectmen and to the Town Clerk. If an application for
a Special Permit is to be filed with the Board of
Appeals, the applicant shall file the application with
the Town Clerk, who shall transmit the application to
the Board of Appeals within twenty-four (24) hours.
10.31 Conditions for Approval of Special Permit
The Special Permit Granting Authority shall not
approve any such application for a Special Permit
unless it finds that in its judgment all the
following conditions are met:
a) The specific site is an appropriate location
for such a use, structure,.or condition;
b) The use as developed will not adversely
affect the neighborhood;
c) There will be no nuisance or serious hazard
to vehicles or pedestrians;
d)
Adequate and appropriate facilities will be
provided for the proper operation of the
proposed use;
e)
The Special Permit Granting Authority shall not
grant any Special Permit unless they make a
specific finding that the use is in harmony
with the general purpose and intent of this
By Law.
In approving a Special Permit, the Special Permit
Granting Authority may attach such conditions
and safeguards as are deemed necessary to protect
the neighborhood such as, but not limited to, the
following:
a)
Requirements of front, side, or rear yards
greater than the minimum required by this By
Law.
b)
Requirements of screening parking areas or
other parts of the premises from adjoining
premises or from the street, by walls, fences,
planting, or other devices as specified by
the Special Permit Granting Authority;
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c)
d)
Modification of the exterior features or
appearances of the structure;
Limitation of size, number of occupants,
method or time of operation, 'or extent of
facilities;
e) Regulation of number, design, and location of
access drives or other traffic features.
Special Permits granted under the provisions con-
tained herein shall be deemed to have lapsed after
a two (2) year period from the date on which the
Special Permit was granted unless substantial use
or c~nstruction has commenced. If the applicant
can show good cause why substantial use or con-
struction has not commenced within the two (2)
year period, the Special Permit Granting Authority,
at its discretion, may extend the Special Permit
for an additional one (1) year period. Included
within the two (2) year period stated above, is
the time required to pursue or wait the determi-
nation of an appeal from the provisions of this
By Law.
The Special Permit Granting Authority may, within
the guidelines for Special Permits contained here-
in, allow accessory uses whether located on'the
same lot as the principal use or not, wherever
necessary in connection with scientific research,
scientific development or related production pro-
vided that the Special Permit Granting Authority
finds that the proposed accessory use does not
substantially derogate from the public good.
Within (90) days following the date Of the public
hearing, the Special Permit Granting Authority
shall take final action in the matter in order to
issue any Special Permit provided for in this
Zoning By Law. There shall be at least four (4)
of the five (5) members of the Granting Authority
voting in favor of issuing the Special Permit.
A Special Permit granted under the provisions of
this By Law shall not take effect until:
a)
The Town Clerk certifies on a copy of the
decision that twenty (20) days have elapsed
without filing of an appeal or that any
appeal filed has been dismissed or denied;
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b)
The certified decision has been' recorded at
the owner's expense in the Essex County
Registry of Deeds, indexed in the grant or
indexed under the name of the record owner,
and noted on the owner's Certificate of Title;
c)
If the Special Permit involves registered
property, the decision, at the owner's expense,
shall also be filed with the Recorder of the
Land Court.
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The Special Permit Granting Authority shall cause
to be made a detailed record of its proceedings
indicating the vote of each member upon each
question, or if absent or failing to vote, in-
dicating such fact, and setting forth clearly
the reason or ~easons for its decision of its
official actions, copies of all which shall be
filed within fourteen (14) days in the office
of the Town Clerk and shall be a public record.
Notice of the decision shall be mailed forthwith
to the petitioner or applicant, to the parties
in interest designated herein, and to every
person present at the hearing who requested that
notice was to be sen%. Each notice shall specify
that appeals, if any, shall be made pursuant as
to Section 17 of Chapter 40-A and sha~l be filed
within twenty (20) days after the date of filing
of such notice in the office of the Town Clerk.
The decision shall also contain the names and
addresses of the owner and identification of the
land and/or structures affected (if a variance
complies with the statutory requirements for
issuing variance). Certified copies of the
decision shall be filed with the appropriate
Special Permit Granting Authority and the Town
Clerk.
10.32 Temporary Permit
The Board of Appeals may'grant a 'temporary Special
Permit for use or occupancy permit for a period of not
more than one (1) year at a time, subject to a single
renewal. Such permits shall be subject to conditions
imposed by the Board related to safeguarding the
character of the district affected and shall be
processed in accordance with the procedures provided
herein for the granting of Special Permits.
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Var iances and Appeal s
The Zoning Board of Appeals shall have power upon
appeal to grant variances from the terms of this Zoning
By Law where the Board finds that owing to circum-
stances relating to soil conditions, slope, or
topography of the land or structures and especially
affecting such land or structures but not affecting
generally the zoning district in general, a literal
enforcement of the provisions of this By Law will
involve substantial hardship, financial or otherwise,
to the petitioner or applicant, and that desirable
relief may be granted without substantial detriment to
the public good and without nullifying or substan-
tially derogating from the intent or purpose of this By
Law.
Additionally, an appeal may be taken to the Zoning
Board of Appeals as provided herein by a person
aggrieved by reason of his inability to obtain a permit
or enforcement action form the Building Inspector, by
the Merrimack Valley Planning Commission, or by any
person including an officer or Board of the Town of
North Andover, or an abuting city or town, aggrieved by
any order or decision of the Building Inspector or
other administrative officials in violation of any
provisions of this By Law.
Any petition for an appeal above must be taken within
thirty (30) days of the date of the order or decision
that is being appealed by filing a notice of appeal,
specifying the grounds thereof with the Town Clerk, who
shall forthwith transmit copies of the appeal to such
officer or Board, whose order or decision is being
appealed, and to the Zoning Board of Appeals. Such
officer or Board shall forthwith transmit to the Zoning
Board of Appeals all documents and paper constituting
the records of the case in which the appeal is taken.
No petition for a variance or appeals shall be
granted until a public hearing is held on the
matter by the Zoning Board of Appeals within
sixty-five (65) days after the zoning Board of
Appeals receives the petition from the Town Clerk.
The Zoning Board of Appeals must make its decision
on a petition for a variance or appeal within
seventy-five (75) days after the date of the
petition is filed with the Town Clerk. In order
to grant a petition for a variance or an appeal,
10.5
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four (4) of the five (5) members of the Board must
concur. If the Zo6ing Board of Appeals fails to
act within the time limits specified herein, the
petition for a variance or appeal shall be deemed
granted.
a)
In the case of a variance, the Zoning Board of
Appeals may impose conditions, safeguards and
limitations of time and use, however, these
conditions cannot require continued ownership
of the land or structure to which the variance
pertains by the applicant, petitioner, or
owner. Furthermore, if the rights authorized
by the variance are not exercised within one
(1) year of the date of the grant, they shall
lapse and may be re-established only after
notice and a new hearing.
The Zoning Board of Appeals shall cause to be made
a detailed record of its proceedings indicating
the vote of each member upon each question, or if
absent or failing to vote, indicating such fact,
and setting forth clearly the reason or reasons
which shall be filed within fourteen (14) days in
the office of the Town Clerk and shall be a public
record. Notice of the decision shall be mailed
forthwith to the petitioner, applicant, or
appellant, to the parties in interest designated
herein, and to every person present at the hearing
who requested that notice be sent to him and stated
the address to which such notice was to be sent.
Each notice shall specify that appeals, if any,
shall be filed within twenty (20) days after the
date of filing of such notice in the office of the
Town Clerk. The decision shall also contain the
names and addresses of the owner, and identifica-
tion of the land and/or structure affected (if a
variance procedure - how the variance complies with
the statutory requirements for issuing a variance).
Certification that copies of the decision have been
filed with the Planning Board and Town Clerk are
required.
Amendments ~o Zoning By Law
This By Law shall be adopted and shall be amended from
time to time by a two-thirds vote at an annual or
special town meeting. Amendments to this By Law may be
initiated by submission of the amendment to the Board
of Selectmen by any of the following: a) Board of
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Selectmen; b) Zoning Board of Appeals; c) by an
individual owning land to be affected by the amendment;
d) by request of registered voters of the town pursuant
to Section 10, Chapter 39 of the Mass. General Laws; e)
by the Planning Board; and f) by the Merrimack Valley
Planning Commission.
10.51 Submission of Amenament to Planning Board
Within fourteen (14) days of the receipt of an
application for a amendment to this By Law, the Board
of Selectmen shall submit the proposed amendment to the
Planning Board for review.
The Planning Board shall hold a public hearing on any
North Andover Town Meeting Warrant article to amend the
Zoning By Law or the zoning map and shall report its
recommendations thereon, if any, to the Town Meeting.
Each warrant article to change the zoning map shall
explicity state the nature, extent, and location of the
map change proposed and shall.be accompanied by:
J
Three blackline prints of a diagram to scale
showing and stating clearly the dimensions in
feet of the land area proposed to be changed
as to zone~
Also, a sketch or other explicit identification
of the location of such land in relation to the
majority of the rest of the town.
10.52 Public Hearings
Within Sixty-five (65) days after receipt of a proposed
amendment from the Board of Selectmen, or within sixty-
five (65) days after the receipt of an application for
a Special Permit, the Planning Board or Zoning Board of
Appeals, as the case may be, shall hold a public
hearing, notice of which shall be published in a
newspaper of general circulation covering the town once
in each of two (2) successive weeks. The first
publication may not be less than fourten (14) days
before the day of the hearing, (the date of the public
hearing shall not be counted in the fourteen (14)
days).
Additionally, notification of the public hearing shall
be posted in a conspicuous place in the North Andover
Town Hall for a period of not less than fourteen (14)
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days before the date of the hearing. Further,
notification of the public hearing sha~l be sent to the
Massachusetts Department of Community Affairs, the
Merrimack Valley Planning Commission, and Planning
Boards of all abutting cities and towns prior to public
hearing date. Notice of the public hearing shall
include: a) the time and place of hearing; b) the
subject matter~ c) the place where texts and maps may
be inspected.
10.53 Report by Planning Board
No vote to adopt the proposed amendment shall be taken
by the Town Meeting until the report with recommen-
dations by the Planning Board has been submitted to the
Town Meeting or until twenty-one (21) days after said
hearing has elapsed without submission of said reports
or submissions. After such notice, hearing, and
report, or after twenty-one (21) days shall have
elapsed after such hearing, without submission of such
report, the Town Meeting (annual or special) may adopt,
reject, or amend any such proposed amendment.
10.54 Failure to Adopt
If the Town Meeting fails to vote to adopt any proposed
By Law amendment within six (6) months after the
hearing described heretofore, no action shall be taken
thereon until after a subsequent public hearing is held
with notice and report as heretofore provided.
10.55 Repetitive Petitions
If any proposed By Law amendment thereto is acted upon
unfavorably by the Town Meeting (annual or special), it
shall not be acted upon again for a period of two (2)
years from the date of the unfavorable action unless
the Planning Board recommended in favor of the petition
in the report.
10.56 Procedural Defects
In accordance with Chapter 40-A, no claim or invalidity
of this By Law or any amendment to this By Law arising
out of a possible defect in the procedure of adoption
or amendment shall be made in any legal proceeding and
no state, regional, county, or municipal officer shall
refuse, deny, or revoke any permit, approval, or
certificate because of any such claim of invalidity
unless such claim is made within one hundred twenty
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(120) days after the adoption of the By Law or
admendment.
Notice specifying the court, parties, invalidity claim,
and date of filing is filed together with a copy of the
petition, with the Town Clerk within seven (7) days
after commencement of the action.
10.57 Effect of Subsequent Amendments
In the case of amendments to this By Law or changes in
the districts or the boundaries subsequent to the date
this By Law becomes effective, the right to continue
the use or maintenance of any building, structure, or
premises which was lawful when such amendment or
change, except as provided by statute, specifically:
that construction or operations under a building permit
or Special Permit shall conform to any ~ ~bsequent
amendment unless the use or construction is commenced
within a period of not less than six (6) months after
the issuance of the permit, (the date of issuance shall
be considered to be the date on which the building
permit was issued or in the case of a Special Permit,
the date on which the P~anning Board voted final
action) and in cases involving construction unless such
construction is continued through completion as
continuously and expeditiously as is reasonable.
10.6
Conflict of Laws
In general, this By Law is supplementary to other North
Andover By Laws affecting the use, height, area, and
location of buildings and structures and the use of
premises. Where this By Law imposes a greater
restriction upon the use, height, area, and location of
buildings and structures and the use of premises than
is imposed by other By Laws, the provisions of this By
Law shall control.
10.7
Validity
The invalidity of any section or provision of this By
Law shall not invalidate any other section or provision
thereof.
10.8
Repetitive Petitions
When 1) the Planning Board denies an application for a
Special Permit; or, 2) the Board of Appeals denies a
petition or a variance, no application on the same
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$~CTION 11
PI.ANNED DEVELOPMENT DISTRICT
11.1
Jurisdiction
The Planning Board may grant a Special Permit for
construction of a PDD in the following district: I-S.
The Special Permit shall conform to this By Law and to
G. L. Chapter 40-A, Section 9, and to regulations which
the Planning Board shall adopt for carrying out ~ts
duties hereunder. Except as set out hereunder, or in
the Planning Board's regulations, or in a specific
permit granted hereunder, the provisions of the Zoning
By Law shall continue to govern.
11.2
Purpose
The purpose of the PDD District is to provide for a
mixture of land usage at designated locations at
greater density and intensity than would normally be
allowed provided that said land usage:
1. Does not detract from the livability and aesthetic
qualities of the environment.
2. Is consistent with the objectives of the Zoning
By Law.
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Promotes more efficient use of land while pro-
tecting natural resources, such as water re-
sources, wetlands, floodplains, and wildlife.
4. Promotes diverse, energy-efficient housing at a
variety of costs.
11.3 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 informa-
tion and guidance before entering into binding
commitments or incurring substantial expense in
the preparation of plans, surveys, and other data.
2. Submission of Preliminary Plan
The applicant shall file a preliminary plan ac-
10.9
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matter may be heard and acted favorably upon for a two
(2) year period unless the following conditions are
met:
In the case of 1) above, four (4) of the five (5)
members of the Planning Board find that there are
specific and material changes in the conditions upon
which the previous unfavorable action was based, and
describes such changes in the records of its
proceedings, and only after a public hearing at which
such consent will be considered and after notice is
given to parties in interest.
In the case of 2) above, the zoning Board of Appeals
may not act favorably upon a petition which has been
previously denied within a two (2) year period of time
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
previous unfavorable action was based and describes
such changes in the records of its proceedings and only
after a public hearing, held by the Planning Board, at
which consent to allow the petitioner to re-petition
the Zoning Board of Appeals will be considered and
after notice is given to parties in interest and only
with four (4) of the five (5) members of the Planning
Board voting to grant consent.
Withdrawal Without Prejudice
Any petition for a variance which has been transmitted
to the Zoning Board of Appeals or any application for a
Special Permi~ which has been transmitted to the
Planning Board may be withdrawn, without prejudice, by
the petitioner prior to the publication of notice of a
public hearing thereon, but thereafter be withdrawn
without prejudice only with approval(majority vote) of
the Zoning Board of Appeals or Planning Board
repsectively.
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companied by the form titled "Submission of Pre-
liminary Plan, Planned Development" to the Planning
Board at a regularly scheduled meeting. A copy
of the preliminary plan and the above form shal~
also be filed in the office of the Town Clerk.
The Planning Board, within sixty (60) days from
receipt of the plan by the Town Clerk, shall
review and determine whether the proposed project
is consistent with the most suitable development
of the town. The Planning Board may suggest modi-
fications and changes to the preliminary plan in
anticipation of the filing of the definitive plan.
If the Planning Board fails to act within sixty
(60) days, the applicant may proceed to file his
definitive plan.
Contents of Preliminary Plan: Planned Development
District:
a) Planned Development Boundaries, north point,
date, scale, legend, and title "Preliminary
Plan: Planned Development", the name or
names of applicants, and engineer or designer.
b) Names of all abutters, land uses, and approxi-
mate location and width of all adjacent
streets.
c)
In a general manner, the existing and propsed
lines of streets, ways, easements, and of any
public areas within or next to the Planned
Development.
d)
The approximate boundary lines of existing
and proposed lots with approximate areas and
dimensions.
e)
The proposed system of drainage, including
adjacent existing natural waterways and the
topography of the land in a general manner.
f)
Existing and proposed buildings, significant
structures and proposed open space in a
general manner.
g)
An analysis of the natural features of the
site, including wetlands, floodplains, slopes
over 12%, soil condtions, and other features
requested by the Planning Board.
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A description of the neighborhood in which
the tract lies, including utilities and
other public facilities and the genera[ impact
of the p~oposed PDD upon them.
i) A summary of environmental concerns relating
to the PDD.
3. Submission of Definitive Plan
The applicant shall submit an application for a
Special Permit accompanied by the original of the
definitive plan plus twelve (12) copies thereof.
Contents of Definitive Plan:
The application for a Special Permit and site plan
review shall be accompanied by the original copy
of the definitive plan and other data required
to be submitted in triplicate and shall contain
the following data:
Ail items in "Contents of the Preliminary Plan:
Planned Development District" (a through and
including i) shall be incorporated.
a)
It shall be drawn at a scale of one inch equal~
forty feet (1"=40') unless another scale is re-
quested and found suitable by the Planning
Board.
b) The plan shall be prepared by a land surveyor,
professional engineer, or architect.
c) The scale, date, and north arrow shall be
shown.
The plan shall be certified by the land
surveyor doing the boundary survey and the
professional engineer or architect on the
location of the buildings, setbacks, and
all other required dimensions, elevations,
and measurements and shall be signed under
the penalties of perjury.
e)
The corner points of the lot and change of
direction of lines shall be marked by stone
monuments, cut in stone, stake and nail, iron
pin, or other marker and shall be so marked.
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f)
h)
i)
j)
k)
l)
m)
n)
o)
p)
r)
s)
t)
5or number, dimensions of lot in feet, size
of lot in square feet, and width of abutting
streets and ways.
Easments withinthe lot and abutting thereon.
The location of existing or proposed buildings
on the lot.
The location of existing wetlands, water
bodies, wells, 100-year floodplain elevation
and other natural features requested by the
Planning Board.
The dimensions of the existing and proposed
buildings in feet.
The distance of existing and proposed buildings
from the lot lines and the distance between
buildings on the same lot.
Percent of the lot coverage.
Average finished grade of each proposed
building.
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.
The use designation of each building or part
thereof, and of each section of open ground,
plaza, or usable roof space.
Numbering of parking spaces.
Height ,of all proposed buildings, above average
finished grade of abutting streets.
Number of apartments, meeting rooms, and
restaurant and theater.
Total square feet of floor space of all land-
scape and recreation areas, and depiction of
materials to be used (grass, 5-foot shrubs,
etc.).
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11.4
11.5
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u)
Deed or other recorded instrument that shows
the application to be the owner or owner
under option of the land to be designated as
a Planned Development.
Minimum Requirements
The plan shall be subject to the following conditiions
and the Planning Board shall make a determination that
the project meets all the following conditions:
1. The project is consistent with the purposes set
out in Section 2.
If more than twenty-five percent (25%) of the PDD
is located within a residential district, at
least fifty-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 hazard
to vehicles or pedestrians.
4. Adequate parking facilities are provided for each
use and structure in the development.
Major facilities or functions which require sit%ng
within scenic areas are designed to be visually
compatible with the natural or historical charac-
teristics.
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The project does not adversely affect the natural
environment to the detriment of community charac-
ter and public health and safety.
Permitted Uses
In a Planned Development District, the following uses
are permitted:
1. Residential
a) Detached 1, 2, or 3 family residential struc-
tures.
b) Apartment Houses
c) Town Houses
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2. Business
a) Restaurant
b) Theater, Museums
c)
General retail sales and service (except
retail sales of automobiles, mobile homes,
house trailers and except automobile service
station)
d) Banks and financial services
e) Business and professional offices
f) Personal services
g) Recreation
3. Industrial Use
a)
Any uses which the Planning Board determines
are not injurious to the safety or general
welfare of the area.
Area Regulations
PDD Site Area
No PDD shall be permitted on a site of less than sixty
thoUsand (60,000) square feet.
Usable Open Space
In all PDD's, at least twenty percent (20%) of the land
shall be set aside as permanent usable open space, for
the use of the PDD residents, or for all PDD users, or
for the community. The required open space shall be
conveyed to the Conservation Commission or to a
'non-profit conservation organization, or to a
corporation or trust representing persons responsible
for the PDD, and shall be protected by a conservation
restriction as required by G. L. Chapter 40-A, Section
9 for common open space in cluster developments. A
convenant shall be placed on the land such that no part
of the PDD can be built, sold or occupied until such
time as a satisfactory written agreement has been
executed for protection of the open space.
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Setback Requirements
Insofar as the PDD abuts a residential district, ali
proposed structures and facilities within the PDD shall
be set back not less than twenty-five (25) feet from
adjacent property lines or adjacent street lines where
the PDD shall be separated or shielded from adjacent
property lines by means of a buffer, fencing, setbacks,
or appropriate landscaping.
Relation to Suhlivision Control Act
Approval of a Special Permit hereunder shall not
substitute for compliance with the Subdivision Control
Act, nor oblige the Planning Board to approve any
related definitive plan for subdivision, nor reduce any
time periods for Board consideration under that law.
However, in order to facilitate processing, the
Planning Board may insofar as practical under existing
law, adopt regulations establishing procedures for
submission of a combied plan and application which
shall satisfy this section and the Board's regulations
under the Subdivision Control Act.
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SI~ION 12
12.1 Purpose
LARGE ESTATE CONDOMINIUM CONVERSION
The purpose of this subsection is to permit existing
buildings or large tracts of land in Residence
Districts 1, 2, and 3 to be converted to single family
condominium dwelling units compatible with such
residence districts, to create new housing involving
relatively little new construction, to generate tax
revenue to the Town, to preserve existing buildings, to
preserve the residential character of the Town and to
preserve open space in the Town. In order to provide
for development that is compatible with Residence
Districts 1, 2, and 3, which districts are primarily
for single family resideaces, 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.
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12.2
Requirements
Properties meeting the following requirements shall be
eligible for consideratin for a condominium conversion
Special Permit:
Parcels with one (1) or more existing buildings
in a Residence 1, 2, or 3 District of not less
than ten (10) acres and with not less than one
hundred and fifty (150) feet of frontage on a
public way.
Any dwelling located on a lot of record as of
April 24, 1982 may be converted to condominium
dwelling units.
The total number of dwelling units that can be
created under a condominium conversion Special
Permit shall not exceed n-2, where "n" is the
number of acres in the parcel.
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Each condominium dwelling unit shall be an
independent dwelling unit intended for use by
a single family, with its own bath and toilet
facilities and its own kitchen. The average
square footage of the interior living space
of the units shall be not less than eight
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e
hundred and fifty (850) square feet per unit.
No building (including both buildings con-
verted to condominium dwelling units and other
buildings not converted to condominium
dwelling units) shall be externally enlarged
except with the approval of the Planning Board,
and in no event shall such enlargement add to
any one building more floor area than a number
equal to five percent (5%) of the above grade
floor area of such building, the floor area of
porches and decks to be included in the calcu-
lations of floor area.
No new building for dwelling purposes may be
built on the parcel. New structures may be
built pursuant to paragraph 8 (b) below.
Parking requirements are subject to Section 8
of the Zoning By Law.
For the purposes of this subsection, "open space"
shall mean all of the land on the parcel except
that land occupied by buildings to be converted
to condominium dwelling units and existing
buildings to be used for parking purposes. To
insure the preservation of open space, the
following requirements shall be met:
a)
Open space may be used for the following
purposes: flower gardens, gardens, land-
scaping, required parking, roadways and
driveways reasonably necessary for the
development, underground utilities, recrea-
tion not requiring any facility or structure,
and land left in its natural state. The
open space may be used for other purposes
permitted in the residence district if
approved by the Planning Board as consistent
with the condominium development and charac-
ter of the neighborhood.
On open land all facilities and structures
for accessory purposes (such as swimming pools,
tennis courts, garages, carports, parking
areas, lamp posts, small sheds for tools or
sports equipment, fences, including the kind
enclosing a tennis court or swimming pool,
bath houses, and other accessory structures
for accessory purposes) shall be subject to
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12.3
12.4
the approval of the Planning Board as to
their number, design, locations, uses, and
sizes: provided, however, that al! such
facilities and structures, including roadways
and driveways, shall not involve the use of
more than twenty percent (20%) of all of the
open land on the parcel.
c)
Ail new utilities, including wiring for lights
on open space, paths, and driveways, shall be
placed underground.
Contents of Application
An application for a condominium conversion Special
Permit shall include the following:.
Proposed Master Deed and proposed plans to be re-
corded therewith, including floor plans, at least
one (1) elevation for each building being con-
verted to dwelling units, and a site plan for the
parcel locating at least each building, roadways
and driveways, parking, recreation facilities,
utilities, and accessory facilities and structures.
2. Proposed By Laws.
3. A sample proposed Unit Deed.
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A locus plan showing the parcel and all land
immediately adjacent thereto, including nearby
buildings and structures.
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Such other plans, photographs, models or eleva-
tions as the Planning Board shall reasonably
deem necessary or appropriate~to help understand
the proposal.
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 facilities or structures thereon,
shall not be permitted except upon an amendment to the
Special Permit which shall be upon petition to the
Planning Board and after a public hearing (with the
provisions of Paragraph 12.5 applying) and upon a
finding by the Planning Board that the proposed change
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12.5
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Or changes do not substantially derogate from the
intent and purpose of this subsection.
Review by the Planning Board
Prior to recording, a Special Permit granted under this
section shall be subject to the review by the Planning
Board of the final plans, and of the Master Deed, and
plans to be recorded therewith, and By Laws, as they
are to be initially recorded, which final plans, Master
Deed, plans, and By Laws shall all be substantially the
same as those approved with the Special Permit in all
respects material to considerations relevant to the
Special Permit, in which case the Chairman of the
Planning Board shall endorse copies of such final plans
and such Master Deed, plans and By Laws as having
received final review and approval under this
subsection, which endorsement shall be conclusive
evidence thereof. Thereafter, the Master Deed and
plans recorded therewith, and By Laws may be amended
without Planning Board approval; provided, however,
that an amendment to the Special Permit shatl be
required for those matters specified in Paragraph 12.4
thereof. Any amendment to the Master Deed and plans
recorded therewith and By Laws related to an amendment
to the Special Permit shall be endorsed by the Chairman
of the Planning Board as provided herein for such'
documents as initially recorded.