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HomeMy WebLinkAbout1976-04 ZONING BY-LAW NORTH ANDOVERF'RANCII~ ~(. B£1_LoTrl THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE ATTORNEY GENERAL ONE A~H[~Ui~TON PLACE, BOGTON O21OB December 16, 1976 Town Clerk Town Hall North Andover, Massachusetts 01845 Dear Mr. Lyons: I enclose the amendment to zoning by-laws adopted under Article 9 of the warrant for the Special Town Meeting held November 23, 1976, with the approval of the Attorney General endorsed thereon and on the zoning map pertaining thereto. Very truly yours, Henry F/. 0 connell Assistant Attorney General HFO'C:mg Enclosures TOWN OF NORTH ANDOVER ,~oi]~.w ,). ~r~'ONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE Honorable ~ancix X. Bellotti Attorney General of The Commonwealth. State House. Boston, Mass. Dear Sir: TOWN' BUILDING NOWI'H AI~'DOV£R. ~A'ASS. 01845 November 26, 1~76 At a Special Tolen Meeting held in the Veteran's Auditorium of our North Andover Middle School on TUESDAY Evening November 23, 1976 at 7:30 P.M., the following article appeared in the Warrant. ARTICLE 9. To see if the Town will vote to smend its Zoning Map by changing from R3, Residence 3 District and General Business District to Industrial 2 District the following described parcel of land:- Easterly bythe Andover By-Pass, Route 125, 253.6 feet, more or less; Southery by land now or formerly of Nao~ Trombly 184 feet, more or less; Easterly by land now or formerly of Naomi Trombly, 110.3 feet mor or less; Southerly by land now or formerly of Trombly Motor Coach Service) Inc. 340 feet~ mere or less; Southwesterly by other land of Trombly Motor Coach Service, Inc. 535 feet, m~r ~r less; and Northerly by land now or formerly of the Augustinian College of the Merrimack Valley 682 feet, more or les. Fetition of Francis J. Trombly and ethers. Under the ~oresaid article(Article 9, )the vote was UNANIMOUS and so declared. A true copy: ATTEST: December 16, 1976 Boston, Massachusetts The foregoing amendment to the zoning by-laws adopted under Article 9 of the warrant for the Town of North Andover is hereby approved. October 8, 1976 B~ston, MasSachusetts The foregoing amendment to the zoning by-laws adopted under Article 28 of the warrant is hereby approved. TOWN OF NORTH ANDOVER JoHlv $. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT TOWN BUILDING NOH'Y~ ANDOVER, ],IAS$. 01845 September 17, 1976 StevenA. Ruscon~ Assistant Attorney General Comon~ealth of Massachusetts. At our Annual Town Meeting held in the Veteran, s Auditorium of our North AndoverMiddle School on Saturday April 26, 1975 at 1:30 P.M., the following 2oning By-Law Article appeared in the Warrant and was voted upon is herewith submitted for your approval. ARTICLE 28. To see if the Town will vote to amend its Zoning By-Law to regulate construction in flood hazard areas shown on maps entitled "Town of North ~ndover, Mass. (Essex Co.) FIA Flood Hazard Boundary Maps" HOl-08 dated June 28, 1974 on file with the Town Clerk. Petition of the Plarmlng Board. Under the aforesaid Article 28, it was VOTED t~NANIMOUSLY, that the Town's Zoning By-Ls.w be amended as follows: 1. To Section 1 add paragraph 10: reducing the probability of losses resulting from floods. 2. To Section 3.1 add: Flood Hazard District. 3. To Section 3.2 add: new sentence: The Flood Hazard District is defined as all areas so designated on maps entitled "FIA Flood Hazard Boundary Maps" HOl-~8 dated June 28, 1974 on file with the Town Clerk, incorporated by reference herein. 4. Add new section 4.13 - (depending on ?rt.48) to read as follows: 4.13 - Flood Hazard District. (1) Any other by-law or regulation to the contrary notwithstanding, no construction shall be permitted within the District unless it has been duly determined that all utilities are located, elevated and constructed so as t~ minimize or eliminate flood damage and that methods of disposal for sewage, refuse and other wastes and for providing drainage are adequate to reduce flood A true copy: ATTEST: .~ ............ I0., 35 9.1 ~lforcoment 9.11 2uilding Permit 9..12 Certificate of Use and Occupancy ~.13 Penalty for Violation 9..2 Board of Appeals 9..~ Special Permit ~.4 Temporary Permit ~.5 Variance from Zoning By-Law ~,.en~men.. to Zoning By-La~.: 9..? Conflict of Laws 9.8 Validity To~.m of North Andover Zoning Dy-Law adop%ed at %he Special Tm.m MeetinE of June 5, 1972 (Articles 11-A and 11-D). Approved by the Attorney General on Au~ust 2, 1972, posted August 4, 1~72. · nere~.f ~er ~pec~s,l To~,m Meeting, December 18, 1972 (Articles 1 and 2) (Aopreved. by Attorney ~eneral 4-4-73; posted .~-~ 10-7~)~ t~73 Annual ~o~m ~.~eeting (Article 11) (~pproved ~1~' Attorney General~,=-~-~-_ ,~, .~osted 5-17-73) ~yecia! To?m Nee%ins, J~~r.e 25, ~973 (~rtic]es 5 and 7) (~pproved by Attorney General~-~-._.,~ on w~. .costed ~-~-73) 19'74 Anm~al To?m Meetin~ (Articles 13, 1~, 15, 16, 17, ~, 20, 2~, and 22) (~pproved by Attorney C~neral 5-2~-74; 1773 Annus1 To;.m ::eoti~g (Article= ~.o, 30, /~8., and 4?) (Approved by ).~tcrney ~eneral 7-7-7~; ~..te~*.~ 7-~O-7~) Zoning :{ap amended to irc]nde 1-3 District, description of which is on file with the To:m Clerk. 1976 Pmnua! To~,m ~:eeting (Articles 35, 36, nnf 86) (Approved ~y Attorney Ctneral 8-3-?~; posted ~-3-76) Ch~uge the last phrase of Section 4.121 (4), 4.122 (4), and 4.123 (4) to read as follows: "such home occupations shall be carried on by not more than three persons, one of whom shall be the o~.mer of the home occupation and residing in such dwelling." Add to Section 4.132 Industrial "S" District the following paragraph: (12) Ymy accessory use customarily incident to any of the above pcrmitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. Add at the end of the second sentence of Section 5, Paragraph 5.1, Subparagraph (5) the following: "Their e×piration date and/or ~muual review." TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELEC,rION f~EPARTMEN'r TO V~'I~ BUILDING NORTH ANDOVER. ]~[ASS, 01845 November 26, 1976 Honorable Francis X. Bellotti. Attorney General of The Commonwealth State House Boston, Mass. Dear Sir: Enclosed herewith, for your approval, all necessary papers and amendments to our North Andover Zoning By-Laws concerning Article nine (9) of our Special Town Meeting held on TUESDAY Evening November 23, 1976 at 7:30 P.M., in the Veteran's Auditorium of our North Andover Middle School. Prior to the adoption of this a~endment, all of the requirements of G.L.c.40A, s.5, as enacted by s.3 of c.80~ of the Acts of 1975 were complied with. 268 duly registerd voters were present. Encl., as follows: 1. Statements of Meetings in duplicate. 2. Copy of %~rrant with Officers Return. 3. Certificates of votes in, duplicate. Boar~,decision in duplicate. 4. Statement of PlanninE ~ 5. Certificate of duly etact~d and qualified members of ~orth Andover Planning Board in duplicate. 6. Copy of newspaper notices. TOWN OF NORTH ANDOVER Jo~rN J. LYO~Ws, Town Clerk C.M.C. Honorable Francix X. Bellotti Attorney General of The Commonwealth. State House. Boston, Dear Sir: TOW~ BUILDING NOHTI~ ANDOVER, MASS. 01845 November 26~ 1976 At a Special Toxrn Meeting held in the Veteran's Auditorium of our !~orth Andover Middle School on TUESDAY Evening November 23, 1976 at 7:30 P.M., 'the following article appeared in the ~arrant. ARTICLE 9. To see if the Town will vote to amend its Zoning Map by changing from R3, Residez~ce 3 District and General Business District to Industrial 2 District the following described parcel of land: Easterly by the Andover By-Pass, Route 12~, 253.6 feet, note or lessl Southery by land now or formerly of Naomi Trombly 18~ feet, more or less; Easterly by land now or formerly of }[aomi Trombly, llO. 3 feet mcr or less; Southerly by land now or formerly of Trombly ]~tor Coach Service, Inc. 3[0 feet, ~ore or iess; Southwesterly by otherxland of TromblyMotor Coach Service~ Inc. ~3~ feet, mcr br ~ess; and Northerly by land now or formerly of the Augustinian College of the Merrimack Valley 682 feet, ~ore or les. Petit~on of Francis J. Trombly and others. Under the aforesaid article(Article 9,)the vote was UNANIMOUS and so declared. i true copy: ATTEST: ~~., :~ JoHx J. LYOn'S, Town Clerk C.M.C. ELECTION DEPARTMENT TOV,~ BUILDING NORTH A-','DOWER. ~[ASS. 0184~ November 26, 1976 Honorable Francis X. Bellobti. Attorney General of the Com~nonwealth State House Boston, Mass. Dear Sir: The following for yonr convenience: CERTIFICATE OF VOTE This is to certify that by its action upon ARTICLE NINE (9) of the Warrant for the Special Town Meeting of November 23, 1976 held in the Veteran,s ~nditoriumof our North Andover Middle Schobl, it was VOTED U~t~IMOUSLYTO ~.~END the Zoning Map of the Town (as heretofore amended from time to time) by amending as described in Statement of Meeting with vote of same herewith attached. in your office.ATTEST~ TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. TOWN BUILDING Nolrr~ A.,CDOYER, MASS. 01845 November 26, 1976 Honorable Francis X. Bellotti. Attorney General of The Commonwealth State House Boston, Mass. Dear Sir: The following are duly elected and qualified Members of Our North ~dover Plauning Board: OSTHERR, Fritz Jr. A true copy: OEEPULIS, William Jr. Vice Chai~m~au. MONTEIRO, John J. Jr. Secretary. LA~P~Y, ?aul R. SALE~D~, William N. ATTEST: ~~ TO~N OF. NORTH AR'DOVER )fAS SACFItU S ETTS November 15, 1976 John J. Lyons, Town Clerk 120 Main St. Towm Office Building North Andover, Ma. Dear Sir: The following petition was heard at a meeting of the Planning Board on Monday evenA~g September 13, 1976 at 7:30 P.M. in the Town Office Meeting Room. The following members were present and voting: '~Fritz Ostherr, Chairman; William Chepulis, Vioe-Chai~an; John J. Monteirg; Clerk; Paul R. Lamprey and William N. Salemme. ~ ~ Charles W. Trembly, Sr., Esq. represented Francis J. Trombly and others and peti- tioned to amend the Zoning By-Law and Zoning Map by changing a parcel of land located at the Andover By-Pass from Residence 3 and General Business District to Industrial 2 District as sho~m on a plan dated July 29, 1976 attached hereto. Opposition was expressed by the following residents and abutters: Herbert Redman, Andover By-Pass; Stephen Gorrie, Hill§ide Rd.; Ma.fY Ann Gorrie, Hillzi. de Rd.; Vic- toria Shalhoup, Hillside Rd. - -. On September 20, 1976 recom~mendation was made by the Planning Board that affirma- tive action be taken by the Towm provided that a drainage easement is granted on the Brook that tons across the Andover Line. The vote was as follows: Messers. Monteiro, Chepulis, and Salemme in favor; ¥~. Lamprey opposed; l;m. Ostherr abstained. Very truly yours, PLANNING BOARD Pri~z ~herr, Chairman oc: Assessor A true ~opy. TOWN OF NOR'FH ANDOV£R JOHN J. ~¥~s, Town Clerk C.M.C. ELECTION DEPARTMENT TOWN BUILDING May 8,1976 Honorable Francis X. Bellotti. Attorney General of The Commonwealth ~ate House Boston, Mass. Dear Sir: I submit herewith and re~est approval of the a~end~ents to our General By-Laws under Articles 33, 46 and 65 of our Annual Town Meeting of April 24, 1976 and adjourned until Monday evening ~pril 26, 1976 in our Veteran's Auditorium of ou~ North f~dover ~Hddle School. All requirements of our General By-Laws were complied with. Three h~udred sixty'seven (367) duly registered voters present. Very truly yours, JOHN J. LYONS. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT Honorable Francis X. Bellotti. Attorney General of The Commonwealth. State House Boston, }~ass. May 6, 1976 TOWN BUILDING ANDOVER, MASS. 0184.'~ Dear Sir: At our Annual Town Meeting held Saturday April 24, 1976 in the Veteran's Auditorium of our ~orth Andover %iddle School and stood adjourned to Monday Evening April 26, 1976, the followin~ Articles appeared in the Warrant: ARTICLE 33. To see if the Town will vote to amend ius General By-Laws by adding the following new Section to Article IV thereof: Section 12D. The Conservation Commission shall be empowered bo require a performance guarantee f~work authorizedby any order issued by said Commission under Section 40 of Chapter 131 of the General Laws. Such work may be secured by a proper bond or a deposit of money or negotiable securities, sufficient in the opinion of the Co~ission to secure performance of worth authorized. Such bond or security if filed or deposited shall be .a~proved as to form and manner of execution by the Town Counsel. Release of any such performance guar&ntee shall be made upon issuance by the Co~ission of a certificate of ~ompliance with its order. Under the aforesaid article the vote was UN~iIMOUS and so declared. ARTICLE 46. To seeif the Town will vote to amend its General By-Laws by s triking therefrom Article VIII, and inserting in place thereof the following Article: ARTICIE VIII. The following shal be the device of the official Town seal: In the center of a double circle, a veiw of a portion of I~ke Cochichewick, showing s~ Indian in a canoe upon its surface, ~,ith the words "L~ke Cochichewick" ap:~earing below the canoe, and with the words, "Settled 1642" appearing at the top of the circ~ference of the d~mer circle, and the words "Incorporated April 7, 1855" appearing at the bottom; in the soace between the inner and outer circles appear the words "Town of l~orth Andover" at the top of the seal and the word "Massachusetts" at its bottom. Under the aforesaid Article it was VOTED TO AI~ElfD the General By-Laws by striking therefrom Article VIII and inserting in place thereof the following Article: ARTICLE VIII. the following, shall be the device of the official Town seal: In ~he center of a double circle, a view of a portion of Lake Cochichewick, showing an indian in a canoe upon its surface, with the words "Lake Cochichewick" appearing below the canoe, and with the words, "settled 1646" appearing at the top of the eirdzmference of the inner circle, and the words "Incorporated April 7, 1855" appearing at the bottom; in the space between the inner and outer circles appear the words "Town of North Andover" at ~e top of the seal and the word "Massachusetts" at its bottom. ARTICLE 65. To see if the Town ~ll vote to amend its General By-Laws by adding thereto the following new Article: ARTICLE Xll-F: The removal from a public sidewalk, way or any usual point of residential rubbish pick-up, of any materials spcifically set apart from ordinary household rubbish for the purpose of being recycled, under the recycling program of the Tbwn, by persons other than those properly authorized to pick up such material, is hereby expressly Prohibited. Under the eff~resaid Article it was VOTED TO ADOI~ the article. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT TOWN BUILDING NOi2Tlt ANDOVE~, ~[ASS. 01845 Nay 10, 1976 Honorable Francis X. B ellotti. Attorney General of Tho Commonwealth State House Doston, Mass. Dear ~. Bellotti: I enclose herewith for your ~proval, all necessary papers and amendments to our North Andover Zoning By-Laws Articles 35, 36 and 86 resulting from our recent Annual Town Heeting of April 21, and 26, of 1976. Prior to the adoption of these amendnentz to the Towns Zoning By-Law, all of the requirements of G.L.c.40A, s.5, as enacted by s.3 of c.808 of tl s.3 of c.808 of the acts of 1975 ~ere conplied with. ~cl. as follows: 1, State.~ents of Meetings in duplicate. 2. Copy of Jarrant with Officers Return. 3. Certificates of votes in duplicate. 4. Statenent of Planning Bo~rd decision in duplicate. 5. Certificate of duly elected and qualified members of Plarn~ing Board in duplicate. 6. Copy of newspaper notices. Very sincerely yours~ JOHN J, LYONS. TOWN OF NORTH ANDOVER Jo~ 3. LYons, Town Clerk C.M.C. EEl[CT]ON IDEPARTM ~'~1' TO W-i~ BUILDING May 8, 1976 C~RTI,~CA~ O7 VOTE This is to certify that by its action upon Articles 36~ and 86 of the Warrant for the Yumuual Town Meeting of April 24, and later adjourned to April 26, 1~76 of the Tmm of North Andover VOTED 'fO ~I~D the written text of of the 1975 Zoning By-Law (as heretofore smended from time to time) by amending as described in Statements of Meebing with vote of same herewith attached. An attested copy of 1975 Zoning By-Laws as adopted is on file in your office. ATTEST: JOtHi J. LYONS. TOWN OF NORTH ANDOVER J'OH.N J'. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE Honorable ?rancis X. Bellotti. Attorney General of the Commonwealth State House Doston, Mass. TOWN ~BUILDING ~ro~ A~OOVEn. MA~S. 01545 Hay 7, 1976 Dear Sir: At our ~nnual Town Meeting hold Saturday i'pril 2}%, 1976 in the Veteran's Auditorium of our North Andover Middle School and stood adjourned to ].~nday Evening April 26~ 1~76, the following Zoning Articles appeared in the Uarrant: AtLTICLE 3~. To see if the Town will vote to amend its Zoning By-Law by changing the last phrase of Section h.121(~), h, 122!h) and h, 123(~) to read as follows: "dwelling, such home occupations shell be carried on by not more than three persons, one of whom shall be the owner of the home occupation and residing in such dwelling." Under the aforesaid article it was VOTED UNAi~MOUSLY to adopt the article. ARTICLE 36. To see if the Town will vote to amend its Zoning By-Law by adding the following new paragraph to Section ~.132 Industrial "S" District: "(12) ~y 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." Under the aforesaid Article it was VOT~D UNANI~OUS to adopt the article. ~RTICLE 86. To see if the Town will vote to amend its Zoning By-Law by adding at the end of the second sentence of Section ~, Paragraph ~.l, Subparagraph (~), the following: Their expiration date" and/or annual review." Under the aforesaid article the following was voted: VOTED UNA~_YIMOUSLY to amend the Zoning By-Law by addin~ at the end of the second sentence of Section ~, Paragraph ~.l, Subparagraph (~), the following: and/or annual review. ATTEST: ~. TOWN 01~ NORTII ANDOVER April 24, 1976 ~IASSAC~IUS~TTS THE PI~NNiNG BOARD ~&~<ES THE FOLLOWING RECO1~,~NDATIONS ON ZONING ~d,~NDMENT ARTICLES FOR ANNUAL TOWN ~TING - Apt. il 24, 1976 ARTICLE 34: ARTICLE 35: ARTICLE 36: The Planning Board unanimously recommends FAVORABLE ACTION. A]lows leasing or renting for purposes of keeping animals. The Planning Board unanimously recommends FAVORABLE ACTION. Purpose:. to eliminate home "factories" and require o~mer of home occupation to live on the premises. The Planning Board unanimously recommends FAVORABLE ACTION. Allows accessory uses not injurious, noxious or offensive to the neighborhood. ARTICLE 37: ARTICLE 38: The Planning Board unanimously recommends. FAVORABLE ACTION. Allows warehousing, wholesaling and distributing in an I-J District with a Special Permit. The Planning Board ~nanimously recommends UNFAVORABLE ACTION. ARTICLE ARTICLE 4O: ARTICLE 42: ARTICLE 86: The Plm~ning Board unanimously recommends IR'~FAVOP~.BLE ACTION. Rezoning parcel of land on Chickering Rd., formerly Lund's Carden Center - petition of Normand R. ],~rois. Rezoning of parcel of lemd on Andover St. TO BE STRICKEN AT TOI'~ ~ETING per Ben Osg~od's letter dated April 12, 1976. The Planning Board recommends UNFAVOraBLE ACTION by a 3-2 vote. Rez0ning parcel of land at Andover By-Pass - petition of Francis J. Trombly. The Planning Board unanimously recommends FAVOraBLE ACTION. Purpose: Clarification of permits coming under renewal. *Make motion at Town Neeting to move this article up with the other zoning articles in order that they may all be acted upon at one,time. A true copy: ATT.£ST: JOiili J. ~ ....