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1882 - 1959 ORIGINALS & PRESENT BYLAWS
IF.: 22 23 2O 22 23 24 TOWN OF NORTH ANDOVER WARRANT SPECIAL TOWN MEETING JUNE 30,, 1956 TOWN OF NORTH ANDOVER WARRANT COMMONWEAl. TH OF MASSACHUSETTS ]~SSEX SS: To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of North Andover, qualified to vote in Town Affairs, to meet in the Veterans Memorial Auditorium of the High School in said North Andover on Saturday, the thirtieth day of June, 1956 at one-thirty, o'clock P.M., then and there to act on the following bus~ness: ARTICLE 1. To see if the Town will vote to amend both the 1943 zoning bylaw words and the 1943 zoning map as hitherto amended from time to time, by substituting in their place all or so much of the May 1956 revised zoning map and all or so many of the May 1956 revised zoning bylaw provisions stated below as the Town may adopt or further amend and adopt, provided that if any portion of the May 1956 reviser~ map and provisions shall not be adopted or not further amended and adopted, the most nearly correspond/ng provisions of the 1943 zoning words and zoning map as previou, sly amended shall continue in force in supplement to and not m conflict with so mudx of the May 1956 revised provisions and map as may be adopted or further amended and adopted by the Town, and provided that the Town Meeting shall have liberty to adopt, amend and adopt, or reject any or all of thc May 1956 revised zoning provisions and zoning map proposed below, including without limiting the generality of the foregoing the lot size requirements proposed, the zoning district boundaries proposed, the land use regulations proposed and the number, kind and names of zoning districts proposed. 1 NORTH ANDOVER ZONING BYLAW CONTENTS Section 1: Purposes Section 2: Definitions Section 3: Zoning Districts and Boundaries Section 4: Building and Uses Permitted and Application of Regulations 4.01 In All Districts 4.02 Lot partly in North Andover, part elsewhere. 4.03 Lot partly in one zone, part in another. 4.04 Non-conforming Uses. 4.05 Non-conforming Uses. 4.06 Non-conforming Uses, 4.1 All Residence Districts. 4.2 Neighborhood Business Districts 4.3 General Business Districts 4.4 Industrial Districts. 4.5~ Motels 4.6 Outdoor Lighting Section 5: Earth Materials Removal. Section 6: Lot Areas & Lot Widths Required and Specific Exceptions Rural Residence Country Residence ViEage Residence Neighborhood Business General Business Industrial Motels Section 7: Yard Spaces Required Rural Residence Country Residence Village Residence Neighborhood Business General Business Indnstrial Motels Section 8: Building Heights Permitted Section 9: Board of Appeals, Powers & Duties Section 10: Zoning Amendments Section 11: Enforcement Section 12: Conflict of Laws, Validity and Severability. 2 NORTH ANDOVER ZONING BYLAW May, 1956 SECTION 1: PURPOSES For the purposes set forth in bl'assachusetts General Laws Chapter 40A and all acts in amendment thereof and in addition thereto and under the authority thereof and of General Laws Chap- ter 143 and any other enabling laws, the inspection, materials, con- struction, alteration and repair, height, area, location and use of buildings and structures and the use of land throughout the Town of North Andover are hereby regulated as herein provided, and the Town is hereby divided into districts as hereinafter designated, de- fined and described, and shown on an official copy of the zoning map, dated June, 1956, as amended, on file with the Town Clerk, which map is hereby made a part of this Bylaw. SECTION 2: DEFINITIONS For the purposes of this Bylaw, the following words and terms as used herein shall have the meanh~gs or limitations of meaning hereby defined, explained or assigned: 2.1 FAMILY. Any number of individuals living together in one suite of rooms as a single housekeeping unit, and having one principal cooking and food storage outfit in common among them in such suite. 2.2 ONE-FA/WI]'.¥ D%~LLING. 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. 2.3 T%¥O-FA~IIL¥ DWELLING. A free standing building in- tended and designed to be occupied and used exclusively for residential purposes by each of not more than two families. 2.4 LOT. An area of land in one ownership with definite boun- daries ascertainable by recorded deed or plan and used or set aside and available for use as the site of one or more buildings or for any other definite purpose. 2.5 STREET. A public way, or a private way open to travel by the general public, or a way shown on a plan of a subdivision theretofore duly approved by the Planning Board. 2.6 BUILDING. The word "building" shall include the word "structure," unless the context unequivocally indicates other- wise. 2.7 ElgECTED. The word "erected" shah include the words "built," "constructed," "reconstructed," "altered," "enlarged," and "moved." 2.8 STORY. That portion of a building contained between any floor and the floor or roof next above it, but not including the lowest portion so contained if more than one-half of such por- tion vertically is below the mean finished grade of the ground adjoining such building. HALF STORY. A story directly under a sloping rool~ in which the points of intersection ot the bottom of the rafters with the interior faces of the walls are less than three feet above the floor level. 2.10 FI~ONT YARD. 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. 3 2~9 2.11 I~EAI~ YAR1). An open space extending across the entire width of a lot between the rear of any building thereon and the rear lot line of the lot on which such building stands. 2.12 SIDE YAI~D. 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 tot. 3.1 3.2 3.3 3.4 SECTION 3: ZONING DISTRICTS AND BOUNDARIES The Town of North Andover is hereby divided into zoning districts designated as follows: RURAL RESIDENCE DISTRICTS COUNTRY RESIDENCE DISTRICTS VILLAGE RESIDENCE DISTRICTS NEIGHBORHOOD BUSINESS DISTRICTS GENERAL BUSINESS DISTRICTS INDUSTRIAL DISTRICTS In the event of any discrepancy between the boundaries of the zoning districts as shown on the official map and as here- inafter described or defined, the descriptions hereinafter set forth shall govern, as amended. I~UI~AL RESIDENCE DISTRICTS. Every part of the Town of North Andover not otherwise hereinafter designated Coun- try Residence, Village Residence, Neighborhood Business, General ]~usiness er industriol Dislr'[ct is hereby expressly declared to be in Rural Residence District. C~OUNTRY I%ESIDENCE IHSTRICT$. 3.41 That part of North Andover township surrounding the old colonial North Andover Center and extending be- yond to the particular bov3~daries recited below, ex- cept such areas within ~aid Country Residence zoning district boundaries as may subsequently be duly de- clared to be in any other kind of zoning district. Northeasterly and easterly by the thread of Stevens !%Iill Pond beginning at Stevens street; Easterly and northeasterly by the location line of the former railroad right of way (in 1955, used as an electric power line right of way) from its crossing over the thread of ~vater inflow to Stevens Pond to a point on said location line 250 feet northwesterly from ~Iarbleridge Road center line; Generally easterly by a line parallel to and 250 feet westerly from the center line of ]%larbleridge Road be- tween said former railroad location line and a point on the center line of Johnson Street, 250 feet north- westerly from the center line of Marbleridge Rood; Southerly by a straight line connecting the point afore- said on the center line of Johnson Street and a point on the center line of Turni~ike Street 250 feet north- westerly from the center line of Hillside Road; Southeasterly by a line lmre]lel to and 250 feet north- westerly from the cen~er line of Hillside P~oad, between Turnpike Streel and the Andover town l~ne; Southwesterly by the Andi~ver-North Andover town line between Hillside Road and Waverly Road; Northwesterly and westerly by the various courses 4 3.42 of the North Andover town line, from the Andover- Lawrence-North Andover common boundary point on or elose to Waverley Road, to a point on the North An- dover town line about 150 feet southerly from the center line of Greene Street; Northerly and northeasterly by a line parallel to and 150 feet southerly from the center line of Greene Street, between the Lawrence-North Andover boundary and Linden Avenue; Easterly by a line parallel to and 100 feet westerly from the center line of Linden Avenue; Southerly by a line parallel to and 100 feet southerly from the center line of Woodstock Street and said line extended tangent easterly to Massachusetts Avenue; Northeasterly by that portion of the center line of Massachusetts Avenue between its intersection with a line parallel to and 100 feet southerly from Woodstock Street center line extended, and Chlckering Road; Southeasterly by Chickering Road center line between Massachusetts Avenue and Phillips Brooks Road; Northerly by the center line of Phillips Brooks Road between Massachusetts Avenue and Osgood Street; Westerly by the center line of Osgood Street between Phillips Brooks Road and Bay State Road; Northerly by a tangent extension easterly of the cen- ter line of Bay State Road between Osgood Street and Court Street; Westerly by the center linc of Court Street between said Bay State Road center line extended and the junc- tion of Pleasant Street, Court Street, Osgood Street and Park Street; Northerly by the center line of Pleasant Street between the aforesaid junction and Stevens Street; Northwesterly by the center line of that short portion of Stevens Street between its intersection with Pleas- ant Street and its crossing over the outflow thread of Stevens Mill Pond, to the point of beginning. 'rtxat part of North Andover townsh'.'p adjoining the westerly side of Osgood Street and Stevens Street extending from Sut- ton Street towards Stevens Mill, as more particnlarly bounded and described below, except such portions of the area witilin said Country Residence zoning district boundaries as may subsequentJy be duly declared to be in any other kind of zoning district. Northwesterly by Sutton Street center line; Northeasterly by Osgood Street center line bet. ween Sutton Street and Stevens Street, and by Stevens Street center line between Osgood Street and the loca- tion line of the former Salem Railroad right of way at Stevens Street; Southwesterly by the location line of the former Salem Railroad right oF way between Stevens Street and Chickering Road; Northwesterly by a portion of Chickering Road center line; Southwesterly by a line parallel to and 200 feet north- easterly from the location line of the former Salem Railroad right of way between Chickering Road and Prescott Street; Northerly by Prescott Street center line; 5 Westerly by line parallel to and 125 feet easterly from Moody Street center line and said line extended across Chadwick Street from Prescott Street to Sutton Street. 3.5 VILLAGE I~ESIDENCE DISTRICTS 3.51 That built-up northwesterly portion of North Andover, mainly northerly of Greene Street and of Massachu- setts Avenne and mainly westerly of Chickering Road, more particularly bounded and described below, except such areas within said Village Residence zoning district boundaries as may subsequently be declared to be in any other kind of zoning district. Northerly by that portion of the North Andover town line between the intersection of the Shawsheen River with the Boston & Maine Railroad location line at the City of Lawrence boundary, and the intersection of the North Andover town line with the center line of Marblehead Street extended; Easterly by a portion of Marblehead Street center line; Northerly by Belmont Street center llne between Marblehead Street and a point on Belmont Street center line about 200 feet easterly along said line from its intersection ~vith the center line of Patriot Street; Westerly by a portion of a line parallel to and 200 feet easterly from Patriot Street center line between Bel- mont Street and May Street; Northerly by the center line of May Street; Easterly by a line parallel to and 225 feet westerly from the center line of Main Street; Northwesterly by a line parallel to and 100 feet south- easterly from Sutton Street center line; Northwesterly by a portion of Main Street center line; Northeasterly by the center line of Water Street be- tween Second Street and Merrimack Street and by a small portion of the center line of Merrimack Street and Elm Street and by a line paralleI to and 225 feet southwesterly from the center line of Water Street between Merrimack Street and Elm Street and by a portion of the center line of Elm Street; Northeasterly by the center line of Water Street and said line extended between Elm Street and Clarendon Street, and by a portion of the center line of Claren- don Street; Northeasterly by the center line of East Water Street between Clarendon Street and Chickering Road, by a portion of the center line of Chickering Road, by the center line and the center line extended of Wayne Street, so-called, between Chickering Road and Osgood Street; Southeasterly by a portion of the center line of Osgood Street between Wayne Street and a point on Osgood Street center line 350 feet from its intersection with Phillips Court center line; Northeasterly by a line p~rallel to and 1~,5 feet north- easterly from that line of Phillips Court that trends approximately S 35°, 26' E, and such line extended to Osgood Stzeet; Southeasterly by a line parallel to and 120 feet south- easterly from that line of Phillips Court that trends approximately S 44°, 33' W; Southerly by the center line of Pleasant Street be- tween a point on said center line 120 feet southeasterly from its intersection with the center line of Phillips Court to the intersection of center lines of Pleasant Street and Court Street; Southeasterly by the center line of Court Street between Pleasant Street and the center line of Bay State Road extended tangent easterly from Osgood Street to Court Street; Southerly by the center line of Bay State Road ex- tended easterly between Court Street and Osgoofl Street; Easterly by the center line of Osgood Street between Bay State Road and Phillips Brooks Road; Southerly by the center line of Phillips Brooks Road between ©sgood Street and Chickering Road; Southeasterly by a portion of Chickering Road center line; Southwesterly by that portion of the center line of Massachusetts Avenue between Chickering Road and a line parallel to and 100 feet southerly from Woodstock Street center line, extended; Southerly by a line parallel to and 100 feet southerly from the center line of Woodstock Street; Westerly by a line parallel to and 100 feet westerly from Linden Avenue center line. Southerly by a line parallel to and 150 feet southerly from Greene Street center line; Southwesterly, westerly and northwesterly by that winding portion of the North Andover town line be- tween a line parallel to and 150 feet southerly from Greene Street, and the intersection of the Shawsheen River with the Boston & Maine Railroad l~cation ]lne at the City of Lawrence boundary. 3.52 A small area both sides of Saunders Street near Sutton Pond, bounded: Northerly by the northerly side]the of that portion of Saunders Street that trends approximately E 7% 30' N and said line extended easterly to the shore of Sutton Pond; Northeasterly by the south~vesterIy shore of Sutton Pond; Southeasterly by a line at a right angle to Saunders Street center line at its southerly terminus; Southwesterly by a line parallel to and 180 feet north- easterly from Main Street center line between the line across Saunders Street southerly terminus and the southeasterly side line of the Town of North Andover Bradstreet School lot; Northwesterly by a short portion of said Bradstreet School southeasterly lot line; Southwesterly by a line parallel to and 125 feet south- westerly from that portion of Saunders Street center line that trends in two courses about N 45% 0' W and N 24% 30' W, between the aforesaid Bradstreet School southeasterly lot line and the aforesaid Saunders Street northerly sideline trending E 7% 30' N; 7 3.53 That small north central portion of North Andover bounded: Northerly and northwesterly by that portion of Sutton Street center line between a point 125 feet from Thorn- dike Street center line and a line parallel to and 125 feet easterly from Moody Street center line, extended to intersect Sutton Street; Southerly by Prescott Street center line; Southwesterly by a line parallel to and 200 feet north- easterly from the former Salem Railroad right of way location line between a point near the junction of Prescott, High and Elm Streets and a point near the southeasterly end of Thorndike Street and thence by a line parallel to and 125 feet southwesterly from the center line of Thorndike Street. 3.6 NEIGHBORttOOD BUSINESS DISTIll(ITS. Land within the districts described below is hereby declared to be Neighbor- hood Business Districts. 3.61 At North Andovcr Center south of the Common both sides of Johnson Street bounded: Nm'theasferly by a line parallel to and 90 feet north- easterly from the northeasterly sideline of Johnson Street; Southeasterly by a line parallel to and 200 feet southeasterly from the southeasterly side line of Andover Street and said side line extended tangent all the way across Johnson Street bet~veen its west and east side lines; Southwesterly by a line parallel to and 75 feet south- westerly from the southwesterly side line of Johnson Street; Northwesterly by that portion of the southeasterly side line of Andover Street and said line extended tangent all the way across Johnson Street, between a point on said Andover Street line approximately 75 feet west- erly along it from its intersection with the southwest- erly side line of Johnson Street and a point on said Andovcr Street line about 90 feet northeasterly along it from its inter~ection with the northeasterly side line of Johnson Street. 3.62 Land in North Andover with the buildings thereon bounded and described as follows: Beginning at a point on the southwesterly side of Middlesex Street, in the northeasterly corner of the premises in question; thence running southwesterly 180 feet to a point at the intersection of Waverly Road and Harold Street; thence turning and running south- westerly 80 feet to a point; thence turning and running northwesterly 200 feet to a point in the south side of Middlesex Street; thence turning and running north- easterly 66.5 feet to a point; thence running in an Easterly direction along the southwesterly side of l~Iiddlesex Street 94.95 feet to the point of beginning. 3,63 A parcel of land in North Andover, together with the build- ings thereon, hounded and described as follows: Beginning at a point on the northwesterly side of Middlesex Street at the intersection of Middlesex Street and Waverly Road in the southwesterly corner of the premises in question; thence running northeasterly 120 feet along Waverly Road to a point; thence turning and running southwesterly 193 feet to a point; thence 8 turning and running southeasterly 90 feet to a point in the northwesterly side of Middlesex Street; thence turning and running northeasterly along the north- westerly side of Middlesex Street 136 feet to the point of beginning. NOTE---The Planning Board may recommend that other businesses already in existence be zoned as Neighborhood Busi- ness if and when proper descriptions by metes and bounds of such properties now used as neighborhood businesses can be obtained, providing they meet the req~firements for such neighborhood businesses as are recommended in the proposed revision of the Zoning Bylaw. If they do not meet these requirements such busi- nesses may be placed in General Business districts~ 3.7 GENERAL BUSINESS D~STRICTS. 3.71 Portions of both sides of Main Street and of Water Street more particularly bounded and described as follows: Northerly by a portion of the former Salem Railroad location line; Easterly by a line parallel to and 165 feet easterly from Main Street center line between the former Salem Railroad location line and Saunders Street; Northeasterly by a line parallel to and 125 feet south- westerly from the center line of that portion of Saun- ders Street that trends in two courses about N 24% 30' W and about N 45° 0' W; Southeasterly by a short portion of the Bradstreet School southeasterly lot line; Northeasterly by a line parallel to and 180 feet north- easterly from Main Street center line, and extending some 700 feet or more in length between said Brad- street School southeasterly lot line and a point on the shore of Sutton Mill Pond generally southeasterly of the intersection of Second, Main and Water Streets; Northeasterly by the southwesterly shore of Sutton Mill Pond; Southeasterly by a line at a right angle to Water Street center line and passing through a point thereon about 105 feet southeasterly from the center line of Merri- mack Street; Northeasterly by the center line of Water Street be- tween Merrimack Street and Elm Street; Southeasterly by the center line of Elm Street; Southwesterly by a line parallel to and 225 feet south- westerly from Water Street center line between Elm Street and Merrimack Street; Northwesterly by a short portion of Merrimack Street center line; Southwesterly by Water Street center line between Merrimack Street and Main Street and by a short portion of Main Street center line near Second Street; Southessterly by a line paralle] to and 100 feet south- easterly from Second Street center lines; Southwesterly and westerly by a line parallel to and 224 feet southwesterly from Main Street center line between Second Street and May Street; Northerly by a portion of May Street center line; Westerly by a portion of Main Street center line be- tween May Street and the former Salem Railroad location. 3.72 3.73 8.~4 In the northerly sector of the intersection of Turnpike Street and Andover Street, a tract of land bounded: Northeasterly by a stone wall marking the property line of Town of North Andover; Southeasterly by Andover Street center line; Southwesterly by Turnpike Street center line; Northwesterly by Peters Street center line. West of Chickering Road near its intersection with Massa- chusetts Avenue, a tract of land bounded: Northerly by a stone wall trending approximately due east-west between the former location of Wood Lane and the intersection of Chickering Road and Massa- chusetts &venue: Southeasterly by Chickering Road; Southerly by a line parallel to and 885 feet southerly from the northerly bounding stone wall aforesaid; The Planning Board recommends that the following businesses already in existence be zoned as General Business. In addi- tion, the Board will recommend that other businesses, likewise in existence, be so zoned if and when proper descriptions by [netes and bounds of such properties now used for general busi- ness can be obtained. (1) The land in North Andover with the buildings thereon, presently known as Thompson's Restaurant, bounded and described as follows: Beginning at a stone bound on the Salem Turnpike, so- called, and then running northerly 35° 44' 55" west two hundred and eighty feet to a point, thence; in an East- erly direction two hundred and ninety-five and 53/100 feet by land now or formerly of Ethel M. Freeman to Andover Street, so-called, thence; Northerly 20° 27~ 05" east one hundred and eighty-seven and 50/100 feet to a stone bound on Andover Street, thence; in an arc seventy-four and 99/100 feet to the bound first men- tioned, being the point of beginning, containing 35,567.4 square feet. (2) The land in North Andovcr, ;vith the buildings thereon, presently knoxvn as Charles Steak House, located on the westerly side of Osgood Street, bounded and described as follows: Northerly 200 feet by the south- erly side of Sutton Street; easterly by the westerly side of said ©sgoood Street 330 feet; southerly 200 feet by other land of the said lEffie C. Kostandin; and westerly 330 feet by land now of the City of La;vrence. (3) Land in North Andover with the buildings thereon, presently known as Little Red School House bounded and described as follows: Beginning at a stone bound in the westerly line of Osgood Street, which stone bound is at land now or formerly of Hayes; thence running westerly by land now or formerly of Hayes 210 feet to a stone bound; thence turning and rmming northwesterly by land of said Hayes, 125 feet more or less, to an iron pipe; thence turning and running southerIy by land now or formerIy of Steinberg, 141 feet to a stone bound; thence turning and running south- easterly by land now or formerly of Steinberg 156 and 5/10 feet to a stone bound; thence turning and running southwesterly by land now or formerly of Steinberg 10 66 feet to a stone bound; thence turning and running southeasterly by land now or formerly of Steinberg 206 feet to a stone bound at Osgood Street; thence turning and rurming northerly by the westerly line of Osgood Street about 285 feet to a stone bound at point of be- ginning, containing about 59,000 square feet. (4) The parcel of land presently knoxvn as the Blue Fox, in North Andover, on the more or ]ess northerly side of Great Pond Road, being shown on Plan of Land owned by Stefanowicz, North Andover, Mass., Char]es E. Cyr, C. E., April 1947, which parcel is bounded and described as follows: Beginning at a stone bound in the northwesterly inter- section of Osgood Street and Great Pond Road, and thence running northeasterly along said Osgood Street 404 and 11/100 feet to a stone bound in the more or less southerly side of Osgood Street; thence turning and running more or less southeasterly by lots numbered 61, and 60, as shown on said plan 203 and 36/100 feet to the westerly side of a proposed street as shown on said plan; thence turning and running southwesterly along said westerly side of said proposed street 330 and 17/100 feet to Great Pond Road; thence turning and running along the more or less northerly side of Great Pond Road 347 and 60/100 feet to a stone bound in said northerIy side of Great Pond Road; thence turn- ing and running northwesterly 44 and 82/100 feet to the stone bound, the point of beginning; containing 2.2 acres, more or less. (5) The land in North Andover with the buildings thereon presently known as Fare's Diner located on the south side of Osgood Street, bounded and described as fol- lows: Southeasterly by Barker Street 590 and 15/100 feet; southwesteriy in two courses by Osgood Street 221.85 feet and 145 feet; northerly by land of Barker aleng the bed of an old wall 242 feet; and northeaster]v again by ]and of Barker $.99 feet, all of said measure- ments being as shown on plan of land owned by Stefano- wicz, North Andover, ~Mass, August 1947, Charles E. Cyr, C.E. (6) Land in North Andover, together with the buildings thereon, located on the southeasterly side of Chicker- ing Road presently known as the Hi-Spot, being bounded and described as follows: Beginning at a point in the northwesterly corner of ihe premises in question on the southeasterly side of Chickering Road; thence running Southeasterly 150 feet to a point; thence turning and running southwesterly 155 feet to a point; than turning and running northwesterly 155 feet to a point on the southeasterly side of Chickering Road; thence turning and running northeasterly along the southeasterly side of Chickering Road 155 feet to the point of beginning. (7) The land in North Andover, with the buildings thereon, presently known as Woody's, bounded and described as follows: Northerly 226 feet, more or ]ess, by land now or late of Coolidge, southeasterly, 280 feet, more or ]ess, by Chickering Road, southerly 30 feet, more or ]ess, by land now or formeriy of Schruender; and westerly, 178 feet, by land now or late of one iVfelamed. {8) A parcel of land, with the buildings thereon, presently used for a gasoline filling station situated in North Andover bounded and described as follows: South- westerly by Massachusetts Avenue 73 feet; northwest- erly by land now or formerly of Cahill 124.56 feet; northeasterly by land now or formerly of Molloy 110.37 feet; and southeasterly by Perry Street 66.50 feet. And also a parcel of ]and with the buildings thereon, presently known as the Town Line l~estaurant, situated on the northeasterly side of Massachusetts Avenue in North Andover and bounded and described as follows: ]Beginning on Massachusetts Avenue at land now or formerly of T. ~]. Foye; thence running northwesterly by the northeasterly tine of Massachusetts Avenue about 273 feet to the southeasterly pier of the bridge on Massachusetts Avenue over the Shawsheen River; thence turning and running northeasterly, easterly and southeasterly by said t~iver about 420 feet to land now or formerly of said T. E. Foye; thence turning and running southw'esteriy by said Foye land about 225 feet to Massachusetts Avenue at the point of beginning. Containing about 44400 square feet. And also a parcel of land ~vith the buildings thereon, situated in North Andover on the northeasterly side of Massachusetts Avenue and bounded as ginning on said road at the southeasterly corner of said lot and land of John Carey; thence northeasterly by said Carey's land 150 feet to a point; thence north- westerly by land formerly of J. L. Webster by a straight line to and through a maple tree standing near the edge of the Shawsheen River to said river; thence up said river bounding by said river to a line drawn from a point in the northeasterly line of said road to said river, ~vi}ici~ line is parallel with an 150 feet distant north- westerly from the northwesterly line of said Carey's land and bound first mentioned; thence southw-esterly by said parallel line on other ]and formerly of J. L. Webster to said road; thence southeasterly by said road 150 feet to the point of beginning. The above three parcels are ail included in one tract. (9) Land in North Andover, together with the buildings thereon, presently known as BuIger's Animal Hospital, bounded and described as follows: I~eginning at a point on the southeasterly side of Chickering Road in the north,.est corner of thc premises in question; thence running soufheasterly 125 feet to a point; thence turn- ing and running southw-esterly, 200 feet to a point; thence turning and running northwesterly 125 feet to a point on the southeasterly side of Chickering Road; thence turning and running northeasterly 200 feet along the southeasterly side of Chickering Road to the point of beginning. (10) A parcel of land in North Andover with buildings there- on, presently including Hollins Service Station and the Middlesex Market located on Middlesex Street, Massa- chnsetts Avenue and Perry Street, bounded and described as follow-s: Beginning at a point at the junc- tion of Perry Street and Massachusetts Avenue and running southwesterly on Massachusetts Avenue 200 12 feet, more or less, to the junction of Middlesex Street, thence southeasterly 83 feet; thence northeasterly 95 feet to a point; thence northwesterly 75 feet more or ]ess, to a point; thence northeasterly 65 feet to Perry Street; thence northwesterly 145 feet to the point of beginning. (11) A parcel of land in North Andover with buildings there- on, now or formerly the property of C. D. Glennie, bounded and described as follows: Starting at Shawsheen River along Beechwood Street 150 feet northeasterly to Beechwood Street; thence easterly 300 feet to a point; thence northeasterly 335 feet to a point east by northeast 115 to a point, thence southwesterly 85 feet to a point; thence easterly 115 feet to a point, thence southwesterly 640 feet to a point; thence to the Shawsheen River following the Town Line of North Andover 790 feet more or less to the starting point at Beechwood and Shawsheen River. (12) A parcel of land in North Andover with buildings thereon, presently known as the Glermie's Milk Plant, bounded and described as follows: Beginning at a point on the northeasterly side of Massachusetts Avenue in the southeasterly corner of the premises in question thence rm~ning northwester]y 290 feet along Massachu- setts Avenue to a point; thence turning and running northeasterly 200 feet to a point; thence turning and running southeasterly 268.8 feet to a point on the west- erly side of Marblehead Street; thence turning and running southerly 28.8 feet to a point on the north- westerly side of William Street; thence turning and running southwesterly 180.5 feet to the point of be- ginning. (13) A parcel of land in North Andover, together with the buildings thereon, presently known as McAloon's Pack- age Store, bounded and described as follows: A cer- tain parcel of land at the junction of Pleasant Street and Franklin Street, beginning at an intersection at the southerly line of Pleasant Street with northeriy line of Franklin Street; thence running southwester]y 77.95 feet by the northerly line of Franklin Street to beginning curve of said street line; thence southwesterly still by said northerly line of Franklin Street by a curve of 72.22 feet radius to end of said curve; thence westerly stilI by northerly line of Franklin Street 59 feet more or less to easterly line of Chickering Road; thence northerly by easterly line of Chickering Road about 52 feet to remaining part of Lot 59; thence northeasterly by said Lot 59, 39 feet more or less to southerly line of Pleasant Street; thence by said southerly line of P]eas- ant Street westerly 120 feet to point of beginning. (14) A parcel of ]and in North Andover, together with the buildings thereon, presently known as Campbell's Market, bounded and described as follows: Beginning at a point on the westerly side of Waverley Road 14 feet northerly from the northerly line of Union Street; thence running northeasterly by said Waverley Road 86 feet to land once of Michael 3'. Dooley; thence turning at a right angle and running northwesterly by said land (15) (16) (17) once of Michael J. Dooley 63.7 feet to a point by land now or once of Thomas and John Doo]ey; thence turn- ing and running by said land now or once of Thomas and John Dooley lO? feet to Waverley Road to the point of beginning. First Parcel A certain parcel of land in North An- dover, together with the buildings thereon, presently known as the K. M. Crawford Company, bounded and described as follows: North 50 feet by the southerly line of Middlesex Street; thence east 100 feet by lot No. 42 on said plan; thence south 50 feet by lot No. 64 on said plan; thence west 100 feet by lot No. 40 on said plan. Second Parcel--A certain parcel of land in North An- dover together with the buildings thereon, owned by Kenneth M. Crawford and Esther R. Crawford bounded and described as follows: Beginning at a point in an easterly line of Marblehead Street 100 feet northerly from the intersection of the easterly line of Marblehead Street with the northerly line of Union Street at land now or formerly owned by Liliian M. Schmott]ach and Alfred G. Schmott]ach and thence running northerly 190 feet more or ]ess, along said easterly line of Marblehead Street; thence running easterly 287 feet by lot "A" on plan of land designated "Division of land belong to heirs of Peter Reeves," R. H. F,11is, Engineer, April 7, 1923, recorded with Essex North District Registry of Deeds, Plan number 502; thence running southerly 100 feet by Baldwin Street on plan of land of Davis and Furber Machine Company made in 1897; thence running west- erly 97 feet by lot numbered 5 on said plan of Davis and Furber Machine Company; thence running south- erly 90 feet more or less by lot No. 10 on plan of Greene Farm recorded with Essex South Registry of Deeds, book 708, last leaf; thence running Westerly 188 feet more or less to the point of beginning; being a certain portion of the premises conveyed to the said Arthur A. Reeves and Mildred B. Reeves by deed of Andrew Reeves dated September 16, 1939. A certain parcel of land in North Andover, together with the buildings thereon, presently known as Farn- ham's Nursery, being bounded and described as fol- lows: Starting at the northwest corner of the premises in question at a corner of the wall at the junction of Berry Street and Turnpike Street; thence running east- erly 445 feet as the wail stands to a stone bound by said Berry Street; thence turning and running south- erly 160 feet to a stone bound on Turnpike Street. The land and premises southeast of this bound being owned by Mr. Farnham and his wife; thence turning and running northwesterly by the wall on said Turnpike Street 432 feet to a cross wall at the junction of Berry Street and said Turn,pike Street; thence northerly 16 feet more or less together with any rights or title they may have in the triangle north of the described premises at Berry Street and Turnpike Street. A certain parcel of land in North Andover, together with the buildings thereon, presently known as Soul's gasoline filling station, bounded and described as fol- lows: Said piece of land bounded on the northeast by 14 (18) (19) (20) (21) (22) State Highway Route 114 for a distance of 364.38 feet opposite State Highway Stations ~178-179-180-181 and hounded on the northwest by Commonwealth of Massa- chusetts 29.48 feet on the southwest 363.46 feet; and by land owned by Edward W. Saul on the southeast 85.67 feet said bounds having been surveyed by Mr. Brasseur and marked by iron pipe. A certain parcel of land in North Andover, together ~vith the buildings thereon, presently known as Louis H. McA]oon's, Building Contracting, bounded and described as follows: Beginning at a point in the north- er]y line of Third Street in said North Andover, b~ land now or formerly of Stevens; thence running west- erly by said northerly line of Third Street 80.0 feet more or less to a point which is 60.0 feet easterly of the easterly line of Lot 16 on a plan of Moody Bridges, said plan being recorded at Salem, Book 589; thence turning and running northerly in a line parallel with said easterly line of Lot 16, and 60.0 feet distant there- from to a point in the southerly line of Lot 14; said point being 60.0 feet easterly from the intersection of the easterly line of Lot 16 with the southerly line of Lot 14 on said plan; thence running easterly by said Lot 14 154.0 feet more or less to ]and of I<eniston; thence southeasterly about 132.5 feet; thence north- easterly 4.0 feet both by Keniston and Stevens ]and; thence southeasterly by Keniston ]and 206.0 feet to the point of beginning, or however otherwise said boundary lines run. A certain parcel of land in North Andover, together with the buildings, thereon prcscntly utilized as a market, bounded and described as follows: Northerly 50 feet by Union Street; thence easterly 105 feet by land now or formerly of one McNiff; thence southerly 75 feet by lot numbered 4, as shown on said plan; and westerly 120 feet by Lot 2, as shown on said plan. A certain parcel of land in North Andover, together with the buildings thereon, presently known as Lund's Garden Center, bounded and described as follows: Starting at the Boston & Maine Railroad right of way on Chickering Road and running 300 feet in a north- easterly direction to the land of Alice B. Colgate; thence northwesterly along the land of Alice B. Colgate a distance of 250 feet; thence southerly a distance of 400 feet to the Boston & Maine Railroad right of way; thence 236 feet along the Boston & Maine Railroad right of way to the point of beginning. A certain parcel of land in North Andover, together with the buildings thereon, presently known as Bill's Auto Service, bounded and described as follows: Bounded easterly by Chickering Road, 250 feet; southerly by Park Street, 150 feet; westerly by lots 4p13-43 and 44; thence northerly by Franklin Street, 225 feet. A certain parcel of land in North Andover, together with the buildings thereon, presently known as Lake- side filling station, bounded and described as follows: Bounded northerly 180 feet by Osgood Street; north- easterly 70 feet by Great Pond Road; easterly 125 feet by other land of owner; southerly 185 feet by other land of owner; and westerly, 125 feet by other land of owner. 15 (23) (24) (25) (26) A certain parcel of land in North /kndover, together with the buildings thereon, bounded and described as follows: First Parcel: Being the land situated in North Andover, and bounded northerly 30 feet by ]and now of Gaumond southeasterly 40 feet more or less by Chickering Road; and westerly 40 feet more or less, by land now of Me]amed, being triangular in shape. Second Parceh Being the land with buidings thereon situated in North Andover, and bounded northwesterly, 325 feet more or less by Chickering Road; easterly, 219.25 feet more or less by Dufton Court; southerly 45.6 feet, more or less, by land of Smith; southeasterly, 209 feet, more or less, by land now of Smith and Mc- Murray; southerly, 39 feet, more or less, by land of Nelb; and westerly 135.4 feet, more or less, by land now of Carbonero. A certain parcel of land in North Andover, together with the buildings thereon, presently known as Man- gano's, being bounded and described as follows: ginning at the easterly line of Chickering Road at a point about 225 feet north from the northeasterly line of Pleasant Street; thence running northerly along said easterly line of Chickcring Road 305.62 feet to a stake; thence turning and running northeasterly by land of Village Land Company 35 feet to a pipe; thence turning and running southeasterly 263.9 feet to a stake; thence turning and running southwesterly by land of Subatch 275 feet to a stake; thence turning and running northwesterly by ]and of Messina 76.18 feet to point of beginning, containing 50,000 square feet, more or less. A certain parcel of land in North Andover, presently known as Verda's Garage together with the buildings thereon, bounded and described as follows: Beginning at an oak stake set in the westerly line of Salem Street, 240 feet more or less north from the intersection of the westerly line of said Salem Street with the northerly line of Abbott Street; thence running westerly 228.40 fcct by land now or formeriy of Victor Verda et al, to a stake set in the ground; thence turning and running southerly by land heretofore conveyed to Leopold Michalski 136 feet more or less to a stake set in the northerly line of said Abbott Street; thence turning and running easterly by said Abbott Street, 227.30 feet to another stake set in the ground on the said northerly line of Abbott Street; thence turning and running with the curved contour of the intersection of said Abbott Street and said Sa]em Street to the left and in about a northerly direction 50 feet more or less to another stake set in the said westerly line of said Salem Street; thence running northerly by said Salem Street 184.40 feet to the point of beginning. A certain parcel of ]and in North Andover, together with the buildings thereon, presently known as the D&F Concrete Products bounded and described as fol- lows: Beginning at an iron pin on the northerly side of Hillsido Road at land of Frank P. and Katherine Hen- nessy and running in a northwesterly direction along a wire fence and a stone wall 187.62 feet to an iron pin; thence turning and running in a southeasterly 16 (27) (28) direction by other land of the grantors being parcels ~2 and ~3 as shown on said p]an 135.85 feet to an iron pin; thence turning and running in a souther]y direction by a hedge and also by lot ~3 as shown on said plan 61.93 feet to an iron pin on the northerly side of Hillside Road, which pin is 30.95 feet westerly from an iron pin on the westerly side of the Andover By- Pass; thence turning and running southwesterly along the northerly side of the said Hillside Road 95.95 feet co the point of beginning. Parcel I. A certain parcel of land in North Andover with the buildings thereon, presently known as the North Andover Paint & Hardware and Desrosier's Variety bounded and described as follows: Begimaing at a point 160 feet southeasterly from the intersection of Massachusetts Avenue and Commonwealth Avenue on the southwesterly side of Massachusetts Avenue; thence running southeasterly 310 feet to a point; thence turning and running southwesterly 100 feet to a point; thence turning and running north~vesterly 310 feet; thence turning and running northeasterly 100 feet to point of beginning. Parcel II. A certain parcel of land in North Andover with the buildings thereon, presently known as the North Andover Paint & Hardware and Desrosier's Variety bounded and described as follows: The parcel of land in question is located on the southwesterly side of Massachusetts Avenue beginning at a point at the southwesterly corner of land now or formerly of one Longbottom; said point being 100 feet southwesterly for the southwesterly line of Massachusetts Avenue and 160 feet from the southeasterly line of Commonwealth Avenue; thence southeasterly 249 feet more or less by land now or formerly of Longbottom, Desrosiers, Hen- nessy, Calabrese, Kama] and Hennessy, said line being 100 feet from and parallel to the southwesterly line of Massachusetts Avenue, to a point 113 feet from the westerly side of Bcechwood Street; thence southwest- erly with an interior angle of 90 degrees 300 feet more or tess to the Shawsheen River; thence northwesterly by the Shawsheen River 280 feet more or less to land now or formerly of Turner; thence northeasterly by land now or formerly of Turner, Williams, Towne, Fogcrty and McDonough 250 feet more or less to the point of beginning containing 74,000 square feet more or less. A certain parcel of land in North Andover with the buildings thereon, presently known as Welch's Plumb- ing and Heating, bounded and described as follows: Be- ginning at a point on tt~e southwesterly side of Main Strcet in the southeasterly corner of the premises in question; thence running southwesterly along May Street 160 feet to a point; thence turning and running north~vesterly 50 feet to a point; thence turning and running northeasterly 60 feet to a point; thence turn- ing and running northwesterly 100 feet to a point; thence turning and running in a northeasterly direction 100 feet along the Boston ~ 1V~aine Railroad right of way to a point in the southwesterly side of Main Street; 17 thence turning and running southeasterly along the southwesterly side of Main Street 160 feet to the point of beginning. (29) A certain parcel of land in North Andover with the buildings thereon, presently known as Pappalardo's Variety and Trombly Service Station bounded and described as follows: 175 feet southerly along Main Street to a point; thence 330 feet westerly along the Boston & Maine Railroad to a point; thence 50 feet northerly to a point on the southerly side of Sutton Street; thence 375 feet northeasterly along the south- erly side of Sutton Street to the point of beginning. (30) A certain parcel of land in North Andover with the buildings thereon, presently known as Messina's Market bounded and described as follows: Beginning at a poiut at the intersection of Main and Sutton Streets on the northwesterly side of Sutton Street in the south- easterly corner of the premises in question. 170 feet southwesterly along Sutton Street; thence 60 feet north- westerly to the Boston & Maine Railroad right of way; thence 185 feet northeasterly to a point in North Main Street; thence 135 feet to point of beginning. (31) A certain parcel of land in North Andover with the buildings thereon, presently know'n as the Veterans' of Foreign Wars, Post 2104 bounded and described as fol- lows: Beginning at a point at the northerly intersec- tion of Park Street and Chickering Road; thence running northeasterly 170 feet along Chickering Road to a point; thence turning and running easterly 751 feet to a point on the westerly side of Avon Street; thence turning and running southeasterly 192.24 feet to a point on the northe~'ly side of Park Street; thence turning an¢t running westerly in two courses 102.89 feet and 59.79 feet along Park Street to the point of beginning. (32) A certain parcel of land in North Andover with the buildings thereon, now or formerly of Driver bounded and described as follows: Bcginning at a point at the southwesterly intersection of Park Street and Chick- ering Road; thence running in a southwesterly direc- tion 230 feet along Chickering l~oad; thence turning and running southeasterly 84.7 feet to a point; thence turning and framing northeasterly 270 feet to Park Street; thence turning and running westerly $7.2 feet to the point of beginning. (33) A certain parcel of land in North Andover with the buildings thereon, presently known as Young's Club and the ~)airy Queen bounded and described as follows: Beginning at a point at the westerly intersection of Park Street and Chickering Road; thence running southwesterly 180 feet along Chickering Road to a point in Main Street; thence turning and running northq westerly 250 feet to the intersection of Park and Main Streets; thence turning and running easterly 220 feet along Park Street to the point of beginning. (34) A certain parcel of land located on High Street, North Andover numbered Lot 44 on Assessors Plat ~:52, and with the buildings thereon, presently known as Mann's Varicty bounded and described as follows: ~eginning (35) (36) (37) (38) at a point on the southwesterly side of High Street in the northeasterly corner of the premises in ques- tion; thence running southeasterly 100 feet to a point; thence turning and running southwesterly 70.7 feet to a point; thence turning and running northwesterly 100 feet to a point; thence turning and running northeast- erly 69.59 feet to the point of beginning. A certain parcel of land in North Andover with the buildings located thereon, presently known as Hilton's Variety, bounded and described as follows: Beginning at an iron pipe on the northerly side of Middlesex Street in the southeasterly corner of the premises in question; thence running northerly 100 feet to an iron pipe; thence turning and running westerly 50 feet to an iron pipe; thence turning and running southerly 100 feet to an iron pipe in the northerly side of Middlesex Street; thence turning and running easterly 50 feet along the northerly side of Middlesex Street to an iron pipe, the point of beginning. A certain parcel of land in North Andover with the buildings thereon, presently known as the Den Rock Drive-In Theater, bounded and described as follows: Beginning at a point on the northeasterly side of Win- throp Avenue 990 feet northwesterly from the inter- section of Turnpike Street and Waverley Road; thence running along Winthrop Avenue 815 feet to a point; thence turning and running northeasterly 700 feet to a point; thence turning and running southeasterly 660 feet to a point; thence turning and running easterly 261 feet more or less to a point; thence turning and running southwesterly 596 feet more or less to the point of beginning. A certain parcel of land in North Andover with the buildings thereon, presently known as Fould's Bakery bounded and described as follows: Beginning at a point at the westerly corner of Beverly and Union Streets and running westerly 155 feet more or less by the northerly line of Union Street to a point, then running northerly 90 feet more or less to a point, thence turning and running easterly 155 feet to a point on the westerly side of Beverly Street, thence turning and running southeasterly 90 feet more or less to point of beginning. A certain parcel of land in North Andover, together with the buildings thereon, presently known as Robin- son's Express Company, bounded and described as fol- lows: Beginning at a point on the northerly side of Second Street, thence running northwesterly by land now or formerly of Stewart 300 feet to land now or formerly of Lawlor; thence turning and running north- easterly by said Lawlor land 58 and 45/100 feet to a poh~t; thence turning and running southeasterly 53 feet to a point; thence turning and running northeasterly 110 feet to a point; thence turning and running south- easterly 142 and 63/:100 feet to a point, the last three courses being by land now or formerly of the Village Land Company; thence turning and running southwest- erly by two courses 133 and 84/100 feet by lm~d eon- veyed by Fould to Gem'ge L. Newcomb et ux; thence turning and running southeasterly by said Neweomb 19 land 100 feet to Second Street; thence turv~ng and running southwesterly by Second Street 40 feet to the point of beginnhag; containing 31,915 square feet more or less; being shown as Lot "B' on "Plan of Land in North Andover, Mass. Owned by Mary E. Robinson" recorded in the North District of Essex Re.gistry of Deeds as Plan No. 2826, being part of the prennses con- veyed to Fould by Daniel J. Grogan by deed dated cember 9, 1929, recorded in said Registry of Deeds book 550 page 38. 3.8 INDUSTRIAL DISTRICTS. 3.81 All that northernmost portion of North Andover township north of the northerly Lake Cochichewick watershed divide line, more particularly bounded as follows: Northeasterly by the Haverhill-North Andover bound- ary between the Mem'imack River and a point southerly of Osgood Street; Easterly and southeasterly by a line parallel to and distant 500 feet easterly from the center line of Osgood Street between the Haverhill-North Andover boundary and Barker Street; Southeasterly by that portion of the center line of Osgood Street between Barker Street and Sutton Street; Southeasterly and southerly by the center line of that portion of Sutton Street between Osgood Street and Main Street; Easterly by the center line of Main Street between Sutton Street and May Street; Southerly by the center line of May Street; Easterly by a line parallel to and 200 feet easterly from the center line of Patriot Street, between May Street and Belmont Street; Southerly by the center line of Belmont Street; Westerly by a short portion of Marblehead Street cen- ter line between Be]nmnt Street and the Lawrence- North Andover town line. Northwesterly and northerly by the North Andover town line between the foot of Marblehead Street and the Haverhill-North Andover boundary; Southwesterly and westerly by the former location of Wood Lane. 3.82 A finger of land embracing the Sutton, Osgood, Davis Furber and Stevens Mills, being bounded: Northerly by Sutton Street center line; Northeasterly by a line parallel to and 125 feet south- westerly from the center tine of Thorndike Street; thence by a connecting line parallel to and 200 feet northeasterly from that portion of the former Salem Railroad right of way location line between a point near the southeasterly end of Thorndike Street and Chickering Road; Southeasterly by a short portion of Chickering Road center line; Northeasterly by the former Salem Railroad location line between Chickering Road and Stevens Street; Easterly by Stevens Street center line between the railroad location and Pleasant Street; 2O Southwesterly by Pleasant Street center line to a point thereon 120 feet southeasterly from its intersection with Phillips Court center line; Northwesterly by a line parallel to and 120 feet south- easterly from that line of Phillips Court that trends approximately S 44°, 33' W; Southwesterly easterly from approximately northwesterly by a line parallel to and 135 feet north- that line of Phillips Court that trends S 35°, 26' E and such line extended to Osgood Street; Northeasterly by a portion of Osgood Street center line beginning at a point thereon 350 feet northeasterly of its intersection with Phillips Court center line and extending thence easterly to the center line of Wayne Street, so called; Southwesterly by the center line of Wayne Street, so-called, between Osgood Street and Chiekering Road; Southeasterly by a short portion of Chickering t{oad center line; South~vesterly by East Water Street center line; Southeasterly by a short portion of Clarendon Street center line; Southwesterly by Water Street center line, extended, between Clarendon Street and a point on Water Street center line about 105 feet southerly from Merrimack Street center line; Northwesterly by a line at a right-angle to Water Street center line and passing through a point thereon 105 feet southerly from Merrimack Street center line; Southwesterly by a portion of the southwesterly shore of the mill pond, and thence by a portion of a line parallel to and 180 feet northeasterly from Main Street center line; Northwesterly by a line at a right-angle to Saunders street center line at the southerly terminus of Saun- ders Street; Southwesterly by the southwesterly shore of Sutton Mill Pond between the aforesaid line at a right-angle to Saunders Street center line at its southerly terminus and the easterly extension of that northerly side line of Saunders Street that trends approximately E 70o, 30' N; Southerly by that northerly side line of Saunders Street that trends approximately E 7% 30' N and said line extended easterly; Westerly by a line parallel to and 165 feet easterly from Main Street center line; Southerly by a portion of the former Salem Railroad location line; Westerly by Main Street center line between the former Salem Railroad location line and Sutton Street. 3.83 At Greene Street and the Shawsheen River, being a cer- tain parcel of land together with the buildings thereon, presently known as Wipex Incorporated, bounded and described at follows: Beginning at an iron pipe in the south~vest side of Greene Street. North Andover in the Northeast corner of the granted premises; thence 21 3.84 running in a westerly direction in an arc 90.16 feet to a point; thence running southwesterly along said Greene Street 280.83 feet to a town bound; thence turning and running in an irregular southwesterly direction follow- ing along the Shawsheen River to an iron pipe; thence turning and running southeasterly along land now or formerly of Ivar L. Sjostrom, Jr., 276-18 feet to an iron pipe; thence turning and running northeasterly 135.42 feet to an iron pipe; thence continuing to run in a north- easterly direction 134.88 feet to an iron pipe; thence continuing to run in a northeasterly direction 208.65 feet to an iron pipe on the southwesterly side of Greene Street the point of beginning. On the northeasterly side of Turnpike Street, northwest of Hillside Road, a tract of land bounded as follows: Beginning at a point in the easterly line of the Salem Turnpike, said point being 138 feet northerly from Hill- side Road; thence nertherly by the easterly line of Saiem Turnpike 719 feet to a point; thence northeast- erly by a stone wail, 34.05 feet to a point; thence cast~ crly, by thc stone wall, 680.42 feet to a point; thence southwesterly, 565 feet to a point; thence southeasterly 200 feet to a point in tho northerly line of Hillside Road; thence southwesterly, by the northerly line of Hillside Road, 100 feet to a point which is 110.7 feet from the Salem Turnpike; thence northwesterly 91.3 feet to a point; thence southwesterly 100 feet to the point of beginning. SECTION 4: BUILDINGS AND USES PERMITTED, AND APPLICATION OF REGULATIONS 4.01 In the zoning districts ab~ve specified and described, the fol- lowing designated buildings and alteratinns and extensions thereof and buildings accessory thereto and the following des- ignated uses of land, buildings, or parts thereof and use ac- cessory thereto are permitted. All other buildings and uses are hereby expressly prohibited, except those already la~vfully existing which by the operation of this provision would hereby become lawfully non-conforming. 4.02 When a lot in one ownership is situated in part in the Town of North Andover and in part in an adjacent town or city, the provisions, regulations and restrictions of this Bylaw shall be applied to that portion of such lot as lies in the Town of North Andover in the same manner as if the entire lot were situated therein. 4.03 When a zoning district boundary divides a lot in one owner- ship, all the zoning regulations set forth in this zoning by]a~v applying to the greater part by area of such lot so divided may also he deemed to apply and govern at and beyond such zoning district boundary but only to an extent not more than thirty (30) linear feet in depth (at a right angle to such boundary) into the lesser part by area of such lot so divided. 4.04 Any lawfully non-conforming building or structure and any lawfully non-conforming use of building or land may be con- tinued in the same kind and manner and to the same extent as at the time it became lawfulIy 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 otherwise by the North Andover Board of Appeals. 4.05 If any lawfully non-conforming building or use of a building or land be at any time disconfinued for a period of two years or more, or if such use or building be changed to one conform- ing with the North Andover Zoning Bylaw in the district in which it is located, it shall hereafter continue to conform. 4.06 Any non-conforming building or structure destroyed or dam- aged by fire, flood, lightning, wind or otherwise to the extent of sixty-five (65%) per cent or more of its reproductions cost at the time of such damage shall not be rebuilt, repaired, constructed nor altered except for a purpose permitted in the zoning district in which such building is located, or except as may be permitted otherwise by the Board of Appeals acting under G.L. Ch. 40A, as amended. 4.1 IN RESIDENT DISTP~ICTS. 4.11 Single, duplex or two-family residences and gardens, including the right to convert any one-family dwelling structure to ac- commodate not more than two families provided that: ia) The lot area per structure so converted shall be not less than fifteen thousand (15,000) square feet, and the street frontage width of such lot shall be not less than one hundred (100) feet; ih) The existing structure be of such size as to afford not less than seven hundred (700) square feet usable floor area per dwelling unit after conversion, and that the appearance and character of a one-family dwelling shall be preserved; (c) No major exterior structural changes shall be made except such as ~nay be required for safety by the North Andover building by laws or by Massachusetts General Laws, and that the whole cost of such alterations shall not exceed fifty (50%) per cent of the reproduction cost of such dwelling in its condition existing immedi- ately prior to such conversion; and, id) Stairways leading to the second or any higl~er floor shall be enclosed within the exterior walls of the building. 4.12 Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in a dwelling so used, provided there be no display or advertising on such dwelling or its lot other than a name plate or sign not to exceed six (fi) inches by twenty-four (24) inches in size, and further provided that no dwelling shaI1 be erected or altered primarily for such use. 4.13 Renting a room or rooms in a dwelling for the office of one professional person, provided there be no display or advertis- ing on such dwelling or its lot other than a professional name plate, or sign not to exceed six (6) inches by twenty-four (24) inches in size. 4.14 Customary home occupations, provided there be no disp!ay anti no exterior advertising except an announcement sign not to exceed six (6) inches by twenty-four (24) inches and 2~ provided that in any dwelling, such customary home occupa- tions shall be carried on by not more than five persons of whom at least one shall reside in such dwelling. 4.15 Schools, libraries, museums, churches, hospitals and con- valescent and rest homes, local passenger stations, also radio, radar, television or radio-telephone transmitting or broadcasting towers but not their studios nor offices, and not veterinary or animal hospitals except as further provided else- where in this bylaw. 4.16 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. 4.17 (a) Farming of field crops, and row crops; truck gardens, orchards, plant nurseries, greenhouses and as provided below, stud farms, poultry batteries, fur ranches and dairy farms; (b) Thc keeping on any lot in any residence district of a total of not more than three (3) of emy kind or assort~ merit of animals or birds in addition to the household pets of the family living on such lot, but not the keep- ing o[ any animals or birds or pets of persons other than those resident on such lot, except as further pro- vided below; (c) On any lot of not less than three (3) acres area and situated in a not thickly settled part of a Country Resi- dence, a Rural Residence or an Industrial District, but only on such lots in such parts of such districts, vet- erinarians and others may keep more than three (3) animals or birds not necessarily owned by the persons resident on such lot, provided that on such lots there be no slaughtering, packing or processing of meat, entrails, organs, skins, hides, pelts, fur, feathers or bones, and pro¥ided that animal hospitals, kennels, poultry batteries, dairy barns, riding stables and animal auction lots are specifically prohibited in all Village Residence Districts and in all thickly settled parts of Country Residence or of Rural Residence Districts. 4.18 Any accessory use customarily incident to any of the above permitted uses, provide0 that such accessory use shall be not injurious, noxious, or offensive to the neighborhood. 4.19 On any lot in any Residence District, garaging or off-street parking, covered or open, of not more than four motor vehicles, of which not more than two may be commercial vehieles, but not counting farm trucks nor motor-powered agricultural implements of an agriculturally active farm or orchard on which such vehicles are parked. 4,2 IN NEIGHBORHOOD BUSINESS DISTRICTS 4.21 Stores not exceeding fifteen hundred (1500) square feet floor ¢.rea per store for the retail sale of food, drugs and other articles or commodities for use and consumption in neighbor- ina households, but not for' the sale of alcoholic liquors in any form, whether on draft or in packages. No Neighborhood Business District shall be more than three (3) acres total land area, including offstreet automobile parking spaces. In addition there may be permitted in a Neighborhood Business 2~ 4,22 4.23 District an automobile lubricating and gasoline filling station but only on petition, subject to site plan review and approval by the Board of Appeals, after public hearing thereon with due notice given. Automobile repair garages and automobile sales places shall not be permitted in Neighborhood Business Districts. No loading platforms or receiving doors shall be located on the street side of any retail store or other commericial building in a Neighborhood Business District. Dwellings, subject to the same lot size, yard space and all other restrictions and conditions as would apply if such dwell- ings were located in a Village Residence District, also churches, schools, libraries, museums, local passenger stations and mu- nicipal or other public or civic buildings. 4.3 IN GENERAL BUSINESS DISTRICTS 4.31 Retail and wholesale stores, salesrooms, showrooms or places for any professional, artistic or mercantile activity not in- volving large-scale manufacturing on the premises, except that retail bakeries or retail confectioneries in which not more than five persons are engaged in the manufacture and sale on the premises of the bakery or confectionery goods there produced, including ice cream, shall be permitted. 4.32 Banks, offices and municipal civic or public service buildings such as post office, telephone exchange, town offices, school library, museum, church, local passenger station. 4.33 Hall, club, theatre or other place of amusement or assembly. 4.34 Automobile service and filling stations, automobile repair garages including automobile body repairs and painting, and automobile sale agencies for new m~d used cars providcd there be not displayed or stored outdoors on such premises more than twenty-five (25) automobiles or other vehicles. 4,35 Restaurant, dining room or lunch room, 4.36 Dwellings subject to the same lot size, yard space and ali other restrictions and conditions as would apply if such dwellings were located in a Village Residence zoning district. 4.4, 4.41 IN INDUSTRIAL DISTRICTS Any manufacturing, processing, Wholesaling, warehousing or other commercial non-retail activity employing substantially noiseless and inoffensive motive power, and involving quiet machinery and processes, and free frmn neighborhood disturb- lng odors or agencies, and uses of land and of buildings cus- tomarily accessory to such activity including the busi- ness office of such activity, provided that the appli- cant for a permit to build, expand or alter any manufacturing industry or other permitted activity or, any activity accessory thereto shall show by written statements or other exhibits attached to the application for such permit that the activity proposed will not be noxious, offensive or detrimental to the neighborhood or to the Town by reason of sp.ecial danger of fire or explosion, pollution of water ways, emission of corro- sive, toxic or noisome fumes, gas, .smoke, soot, obnoxious dust, disagreeable odors, offensive nmses or other objectionable characteristics. 4.42 Farming and accessory dairy activities as specified in para- graphs 4.17, 4.18 and 4.19; also farm dwellings on premises actively farmed; and poultry slaughtering, packing and pro- cessing but no other meat or animal slaughtering or packing. 4.43 Premises of a bank, post office, telephone exchange or tele- phone business office, local bus passenger station, airport. 4.44 On petition, subject to site plan review and approval by the Board of Appeals after a public hearing thereon with due notice given, an automobile service and filling station, a motel, a diner, a restaurant, a retail food store, but not other retail stores of any kind. 4.45 Expressly prohibited m inc~astrial districts are automobile junk yards, automobiIe outdoor dead storage yards and auto- mobile oufdoor display yards. 4.5 MOTELS Motels shall be permitted in any zoning district bnt only in accordance with the standards set forth below and only after a public hearing by the Planning Board with due notice given on application for a motel building permit or for a building permit for a mote] expansion or alteration costing more than $500 and only after site plan review and approval by the Plan- ning Board endorsed in writing on lhe site plan with or with- out any conditions. 't.51 If application for a permit to build a motel or to alter or add to a motel at a cost of $500 or more shall be in writing and shall include a diagram and a statement of the ownership, area, dimensions, boundaries and principal elevations of the land for which such permit is sought, the names of all ad- joining owners as found in the most recent tax list, the loca- tions of existing public or private ways nearest such land, and a plan, profile and cross-sections of all driveways and parking areas proposed, also the true location and ground coverage outli~xe and dimensions of every building or structures proposed to be erected thereon. One copy of each such application and plot plan diagram and statement shall be kept on file in the office of the Building Inspector. 4.52 One copy of each such application and diagram and statement above required shall be filed with the Planning Board with a letter requesting the Board to review the site plan attached and to hold a public hearing therein. Notice of such public hearing shall be given by the Planning Board by publication at the expense of the applicant in a newspaper of general circulation in North Andover and the first appearance of such published notice shall be twelve days (12) at least before the date set for such hearing. 4.53 A permit to build a motel or to alter or add to a motel at a cost of $500 or more shall not be issued by the Building Inspector until he has received from the Planning Board a written statement of final approval by the Planning Board oJ[ the site plan fox' such motel or addition or alteration, and such statement by the Planning Board shall include a recital of the date on which the Planning Board held the pub[lie hear- lng above required, and a recital of the findings of the Planning Board after such hearing, including any conditions imposed by the Planning Board as part of its final approval, and the Building Inspector shall enforce the fulfilIment of such condi- tions. 26 4~54 In reviewing each such aplication, the Planning Board shall study the motel site plan proposed relative to the health, safety and welfare of the prospective occupants, also the oc- cupants of neighboring properties, and users of the adjoining highway, and the welfare of the town generally, including amenity and pleasantness of site plans. In addition to com- pliance with all of the Land Space and Building Space Require- ments set forth below, the Board shall look for: (a) Traffic safety and ease of access at street and highway entrances and exits of motel driveways, taking account of grades, sight distances and distance between such driveway entrances or exits and the nearest existing street or highway' intersections. (b) Safety and adequacy of motel driveway layout, also of parking and loading areas for motel patrons, and sufficiency of access for service vehicles such as elec- tricity, gas, fuel, telephone, laundry, rubbish removal, water, sewer, fire, police, ambulance or other routine or emergency vehicles. (c) Safe and adequate means of sewage, of garbage, and rubbish disposal; of water-supply and fire-fighting while awaiting the Fire Dept.; of heating and ventilating; also of cooking if cooking facilities be furnished. (d) Assurance of positive storm-water drainage and snow- melt run-off from all driveways and parking and load- ing areas. Landscaping and building layout such as shall protect proposed motel bedroom windows from constant night invasion by automobile headlight beams or glare from illuminated signs or driveway lights. (e) Sound-proofing between sleeping rooms; windows not looking directly from room to room; and lobby or ofP, ce space for registration, room keys, and safe-keeping of valuables; also lounge for waiting or writing by patrons. 4.55 Motel lot size, land coverage, yard space and building design regulations: (a) The lot for any motel shall contain not less than three (3) acres total land area excluding any water bodies of one-half (%) acre water service area or more, provided such lot be not less than three hundred (300) feet wide at the frontage street and throughout the first two hundred (200) feet of depth of such lot, measuring from the frontage street lot line. (b) No part of any bnilding on a motel lot shall be closer than fifty (50) feet to the front lot line, rear lot line or either side line of such lot. A green yard space not less than twenty (20) feet wide, measured at a right angle to each of aforesaid lot lines, shall be maintained open and green with grass, bushes, flo~vers and trees all along each side lot line or rear lot line of such a lot, and (except for entrance and exit driveways) along the entire front line of such lot, and such yard space shall not be built on nor paved nor used for automobile parking. (e) There shall be one (bituminous) concrete off-street and offmain driveway paved automobile parking space, open or roofed, directly adjoining each motel rental unit. 27 4.6 (d) Building on a motel lot shall not cover more than twenty-five (25%) per cent of the ]and area of such lot, excluding any water bodies as above specified. Not less than seventy-five (75%) per cent of the land area of such a lot shall remain open and un-built on but such open space may be used for automobile off-street parking, driveways, sidewalks and motel service yards, except that such use shall not be permitted in any part of the twenty (20) foot wide green perimeter strip above specified. (e) There shall not be erected more than twenty (20) motel rental units per acre of motel lot land area, excluding any water bodies as above specified. (f) Each motel rental unit shall be not less than two hun- dred fifty (250) square feet habitable floor area en- closed by wails and roof, exclusive of any adjoining portions of roofed or covered walkways. Each motel ren- tal sleeping room shall not be less than fifteen (15) by fifteen (15) feet horizontial dimensions, exclusive of bath or kitchenette. Each such room shall have a pri- vate bath attached. (g) Each motel structure shall contain not less than six (6) nor more than twelve (12) individual motel rental units, unless each section of twelve (12) such units be separ- ated by an unbroken fircwall from any further addi- tional such units. Each motel structure shall be of fire- proof construction. Each such structure may be con- nected with other similar structures by a covered walk- way if of fire resistive materials. Whether er not so connected, the nearest parts of the walls or corners of such structures shall be separated by a land space otherwise open and unbuilt on of not less than thirty (30) feel and in which, within the area bounded by the intersecting projections o~ the side lines of adjacent buildings, there shah be no automobile parking or loading. (h) Buildings on motel lots shall be one-story and not more than twenty-five (25) feet in height, notwithstanding any building-height provisions in the zoning district in which such buildings are situated, except that not more thml t;vo apartments for owner or resident manager or other resident staff may be on a second-story not to exceed thirty-five (35) feet in height. (i) On each motel lot there shall be provided at least one apartment for a resident owner or manager er other responsible staff person. Each such apartment shall be not less than eight hundred (800) square feet floor area. Such apartment many include the rental office of the motel, and a lounge or other public rooms for the use of motel patrons. Such apartment may be on a second floor as provided in (h) above but only if over a lounge or off]ce or ether pnblic rooms or storage or supply rooms of the motel. No second story premises shall be located over any motel rental unit. OUTDOOR LIGHTING In ail zoning disiricts other than General Business Districts, any outdoor lighting fixture whether temporary or permanent 28 shall be so placed or hooded that the light source therein is not directly visible to any motorist and so that the light source therein is not directly visible to any point beyond the lot lines of the premises illuminated by such outdoor lighting fixture. SECTION 5: EARTH MATERIALS REMOVAL 5.1 The removal of sod, loam, soil, clay, sand, gravel, or stone from any land in the Town of North Andover not in public use is hereby prohibited except such removal as may be authorized in any zoning district by a permit issued by the Board of Ap- peals and except such removal as is permitted by paragTaphs 5.3 and 5.4 of this section. 1No such permit shall be issued ex- cept upon written application therefore to the Board of Appeals with copy to the Planning Board and after a public hearing on such application by the Board of Appeals. Such application shall include a diagram to scale of the land concmmed, indicat- ing existing and proposed elevations in the area to be excavated and stating the ownership and boundaries of the land for which such permit is sought, the names of all adjoining owners as found in the most recent tax list and the approximate loca- tions of existing public and private ways nearest such land. Notice of said private hearing shall be given by publication in a newspaper published in or of general circulation in ]North Andover twelve (12) days at least before the date of such hearing. 5.2 A copy of any permit granted hereunder by the Board of Ap- peals, stating all of the conditions imposed, if any, including but not limited to limitation of such removal in: (a) extent of time, (b) area and depth of excavation, (c) steepness of slopes excavated, (d) distance between edge of excavation and neighboring properties or ways, (e) temporary or permanent drainage, (f) the posting of security or bond, (g) the replacement of not less than slx (6) inches of top- soil over the whole of any area from which earth mate- rials are removed where the location of such removal is afterward to become a residential subdivision, or, (h) in the case of continuing sand or gravel pit operations in one general locus, recovering the finished cut banks with a minimum of four (4) inches of top-soil; or a copy of the denial by the Board of Appeals of any applica- tion for such, stating the reasons for such denial, shall be mailed forthwith by the Board to the parties in interest, in- cluding also the Planning Board and the Building Inspector. 5.3 This regulation shall be deemed not to prohibit the removal of such sod, loam, soil, clay, sand, gravel or stone as may be required to be excavated for the purposes of constructing foundations for building or other allowable structures for which building permits have been issued, or for the purpose of constructing ways in accordance with lines and grades ap- proved by the Planning Board or by the Board of Appeals or for the purpose of constructing utilities or other engineering 29 5.4 works for public service. Nor shall this regulation be deemed to prohibit the transferral of sod, loam, soil, clay, sand, gravel, or stone from one part of a lot, tract or parcel of land to an- other part of the same lot, tract or parcel of land in the same ownership. This regu!ation shall further be deemed not to prohibit the removal of the above specified earth materials by any per- son, firm or corporation who on the effective date of this reg.U- lation shall be lawfuliy engaged in the business of dealing m or with any of such materials, or shall be a party to an agree- ment for the removal of any thereof, and who shall, within thirty (30! days after such effective date, apply to the Board of Appeals for a permit for such removal, provided that the period within which such removal may be carried on under this paragraph shall end on tbe date of formal action by the Board on such application or, if no such application be filed, on the thirtieth (30) day after the effective date of this regulation. SECTION 6: LOT AREAS AND LOT WIDTHS REQUIRED AND SPECIFIC EXCEPTIONS 6.1 In determining the fulfih~n:ent of the minimum area and mini- mum width of 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 tines bound- ing such lot which if extended ~vould intersect, the area and width required in such lot shall be computed as if such po- tentially 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 n~ini- mum width required shall be determined entirely within the lines bounding such lot, including such curved line. 6.2 No lot, upon which is then located any building or with re- spect to xvhich a per-mit has been issued and is then outstanding for the erection nf any building, shall be sub-divided or reduced in area in any manner unless said lot shall thereafter fulfill the lot area, lot width and yard space requirements of this Bylaw except as may be permitted otherwise by the t~oard of Appeals. If land be subdivided, conveyed, devised or other- wise trans[erred in violation hereof, no building permit or other pertnit shall be issued with re[erence to any of the land so transferred or to the lot(s) retained until all of such land and lots meet the requirements of this Zoning Bylaw. Any ]and taken by eminent domain or conveyed for a public pur- pose for which the land could have been or was taken by emi- nent don:ain shall not be deemed to be transferred in violation of the provisions hereof. 6.3 IN RESIDENCE DISTRICTS 6.31 In Village Residence Districts no principal permitted building shall hereafter be erected except on a lot containing not less than fifteen thousand (15,000) square feet area and not less than one hundred (100) feet width at the street frontage, ex- 30 cept as may be permitted otherwise by the Board of Appeals in Village Residence Districts as further specified in Section 6.6 below. 6.32 In Country Residence Districts no principal permitted build- ing shall hereafter be erected except on a lot containing not less than twenty-five thousand (25,000) square feet area and not less than one hundred twenty-five (125) feet width at the street frontage. 6.33 In Rural Residence Districts no principal permitted building shall hereafter be erected except on a lot containing not less than fifty thousand (50,000) square feet area and not less than one hundred fifty (150) feet width at the street frontage. 6.4 IN GENERAL BUSINESS DISTRICTS AND IN NEIGHBORHOOD BUSINESS DISTRICTS 6.41 Each lot shall contain not less than twenty-five thousand (25,000) square feet area and be not less than one hundred twenty-five (125) feet width at the street frontage, and not more than thirty-five (35) per cent of the total area of any such lot may be covered by buildings. 6.42 Any yard space or area required to be kept open and unbuilt upon on such lot may nevertheless be used for off-street auto- mobile parking, if otherwise lawful, except that a green strip not less than ten (10) feet wide on which to grow grass, bushes, flowers or trees shall be maintained open and greeu; unbuilt on, unpaved and not parked on, all along each side or rear property line of such a lot wherever it abuts land residentially zoned. 6.5 IN INDUSTRIAL DISTRICTS 6.51 Each lot shall contain not less than fifty thousand (50,000) square feet area and be of not less than one hundred and fifty (150) feet width at the street frontage and not more than thirty-five (35) per cent of the total area of any such lot may be covered by buildings. 6.52 Any yard space or area required to be kept open and unbuilt on on such lot may nevertheless, if otherwise lawful, be used for off-street automobile parking, or for outdoor storage of articles, supplies and materials, except that a green strip not less than thirty (30) feet wide on which to grow grass, bushes, floxvers or trees, shall be maintained open and green, unbuilt on, unpaved and not parked on, all along each side m' rear property line of such a lot wherever it abuts land residentially zoned. 6,6 LOT AREA AND LOT WIDTIt EXCEPTIONS 6.61 The lot area and lot width requirements of paragraph 6.3 shall not apply h~ any Residence Districts to any lot therein con- taining less area or having less width than above required if such lot was lawfully laid out and duly recorded by plan or deed prior to the effective date of such otherwise applicable requirements and if such lot be not adjoined by other land of the same owner vacant and available for combination with or use in connection with such lot, provided that the front yard, side yard, and rear yard requirements, if any, in effect on the date of recording of such plan or deed shall apply to each such lot. 6.62 In Vil/age Residence Districts only, as to older lots of record of area or width less than the above stated requirements, and only as to such lots if mutually adjoining, vacant, and of the same owner, the Board of Appeals may permit recombination gl 6.63 of them into new lots of not less than ten thousand (10,000) square feet area each, or otherwise as may be authorized under G. L. Ch. 40A as amended. Notwithstanding any other provision of ]aw, no amendment to this zoning bylaw shall apply to or affect the size, shape, width or frontage of any lot shown on a plan of a subdivision as defined in Section 81-L in Chapter 41 of the General Laws if the plan of such subdivision has been finally approved by the Planning Board and duly recorded pursuant to said Chapter 41 prior to such zoning bylaw amendment, for a period of t~vo years from the date of final subdivison approval by the Plan- ning Board of such plan or until any such lot is divided, which- ever occurs first, without the consent in writing of the owner of such lot, and this provision shall apply only to subdivision plans approved and recorded on or after the effective date of this sub-paragraph. SECTION 7: YARD SPACES REQUIRED 7.] In ali Residence Districts there shall be provided on each lot open yard spaces of not less than the number of feet depth below stated all along thc front, rear and each side property line of such lot, except as may be permitted othez%vise by the Board of Appeals in Village Residence Districts only and only in eases therein where the literal enforcement of the number of feet yard depth stated below as to one or more of such yard spaces would cause unusual hardship or severe practical difficulty peculiar to the placement of a building on such lot but not on other lots adjoining or nearby within the same Village Residence Zoning District. 7.2 No building or structure shall hereafter be erected, altered or moved so that any part thereof (except eaves, steps or un- covered porches) shall be nearer than the number of feet be- low stated from the front, side or rear line of any lot in any Residence District. 7.21 Rural Residence, 30 feet. 7.22 Country Residence, 30 feet. 7.23 Village Residence, 15 feet, except that the front yard on any lot in a Village Residence District shall be either: (a) not tess than thirty (30) feet depth, or; (b) a depth not less than the average of the front yard depths of lots adjoining or within two hundred fifty (250) feet each side of the lot in question, if the exist- ing buildings on such lots front on the stone street and are within the same Village Residence zoning district as the lot in question; (c) provided also that where such existing buildings are already more 'than thirty (30) feet distant from said street Iine, no part of any new building shall be nearer said line than the average of the front yard depth of such existing buildings on lots adjoining or within two hundred fifty (250) feet each side of the lot in question. 7.3 In Neighborhood Business and in General Business Districts there shall be provided on each lot an open yard space of not less than twenty-five (25) feet depth all along the front and along each side property line of such lot except as may be per- 32 7.4 mitted otherwise (but only as to front yards and side yards) by the Board of Appeals on petition of the property owner concerned after a public hearing thereon with due notice given. In the rear of every building or structure hereafter erected in any Business District there shall be an open yard space unbuilt upon of not less than thirty-five (35) feet depth. No Building or structure shall hereafter he built, altered, moved, recon- structed, or extended so that any part thereof including load- ing platforms, covered or open, but not eaves, or steps, shall be nearer than twenty-five (25) feet from the front line or side line of any lot in such district, ncr nearer than thirty-five (35) feet from the rear line of such lot. In Industrial Districts there shall be provided on each lot an open yard space of not less than thirty-five (35) feet depth all along the front line and along each side line of such lot, and not less than fifty (50) feet depth along the rear line of such lot, except that an open yard space of not less than fifty (50) feet depth shall be provided on any lot in an Industrial District wherever such lot abuts land residentially zoned, and except that any masonry industrial building built prior to June 1, 1956 and standing and in active industrial use on June 1, 1956 may be restored, repaired or rebuilt on the location where it stood June 1, 1956 without complying with the foregoing yard space requirements but this exception shah not apply to any other buildings. 8.1 8.2 8.3 8.4 8.5 SECTION 8: BUILDING HEIGHTS PERMITTED In Residence Districts dwellings shall not exceed two and one- half stories or thirty-five (35) feet in height. In Neighborhood Business Districts dwellings and business structures shall not exceed two and one-half stories or thirty- five (35) feet in height. In General Business Districts dwellings, business and other retail or commercial structures shall not exceed three stories or forty-five (45) feet in height. In Industrial Districts buildings shall not exceed fifty-five (55) feet in height. The foregoing limitations of height in feet in the zoning districts designated shall not apply to farm buildings on farms of not less than (10) acres area, nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, processing towers and other accessory structural features usually erected at a height greater than the main roofs of any buildings, nor to domes, bell towers or spires of churches or other buildings, provided all such features are in no way used for living pur- poses, and further provided that no such structural feature of any non-manufacturing building shall exceed a height of sixty- five (65) feet from the ground nor of a manufacturing building a height of eighty-five (85) feet from the ground except by per- misskm of the Board of Appeals acting under G. L. Ch. 40A as amended. 9.1 SECTION 9: BOARD OF APPEALS, ITS POWERS AND DUTIES There shall be a Board of Appeals of five members which shall have and exercise all the powers provided under G.L. Chapter 40A as amended, and which shall hear and decide all matters specifically referred to the Board of Appeals by the North Andover Zoning By]aw and other matters referred to such Board by statute. On each appeal arising under the North Andover Zoning Bylaw, the Board of Appeals shah hold a public hearing of which notice shall be given by publication in a newspaper of general circulation in North Andover twelve (12) days at least before the date of such hearing. The Board shall also notify by registered marl all owners of property with- in three hundred (300) feet of the boundaries of each lot or lots involved, Such notices shall be mailed to such owners at the addresses appearing for them in the most recent town tax listing of said owners, SECTION I0: ZONING AMENDMENTS 10.1 Thc Planning Board, on its own initiative, or on petition signed by not less than fifty (50) registered voters of North Andover, shall hold a public hearing on any written proposal to amend the Zoning By]aw or the zoning map and shall report its recom- mendations thereon, if any, to a North Andover Town meeting. 10~2 Each proposal to change the zoning map shall be made in writ- ing and shall explicitly state the nature, extent and location of the map change proposed and shall be accompanied by: (a) 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, (b) also a sketch or other explicit identification of the loca- tion of such land in relation to the majority of the rest of the Town. 10.3 Notice of the aforesaid public hearing on a zoning amendment shall be given by publication in a newspaper published in or of ~eneral circulation in North Andover twelve (12) days at ]east before date of such hearing and by mailing copies of such notice as published to such parties as the Planning Board may deem interested, at the addresses for such parties as they ap- pear in the most recent North Andover real estate tax records. 11.1 SECTION 11: ENFORCEMENT The North Andover Zoning Bylaw shall be enforced by the North Andover Building Inspector. The Building Inspector, upon being informed in writing of a possible violation of this Bylaw or on his own initiative, shall make or cause to be made an investigation of facts and an inspection of the premises where such violation may exist. The Building Inspector, on evidenco of any violation, after investigation and inspection, 34 11.2 11.3 11.4 shall give written notice of such violation to the owner and to the occupant of such premises, and the Building Inspector shall demand in such notice that such violation be abated within such reasonable time as may be designated therein by the Building Inspector. Such notice and demand 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 o~ the premises of such seeming violation. If, after such notice and demand, such violation has not been abated within the time specified, the Building Inspector or the Selectmen shall institute appropriate action or proceedings in the name of the Town of North Andover to prevent, correct, restrain or abate any violation of this Bylaw. No building shall be erected, altered or moved in North Ando- ver without a written permit issued by the Building Inspector. Such permits shall be applied for in writing to the Building Inspector, and he shall not approve an application for a building permit unless the plans for such building and the in- tended use thereof in all respects fulfill the provisions of this Bylaw. Each application for a permit to build, alter, or move a building shall be accompanied by a plot plan in duplicate drawn to scale showing and stating the dimensions in feet of the lot on which such building is proposed to be erected, altered or moved, also the location and ground coverage dimensions of any building already existing upon such lot, and the location thereon and ground coverage dimensions on such lot of any building or structure proposed to be erected or moved onto it. Such plot plan shall also show each street, alley or right-of- way on or adjacent to the lot in question. One copy of each such application and plot plan shall be kept on file in the office of the Building Inspector. SECTION 12: CONFLICT OF LAWS VALIDITY, SEVERABILITY 12.1 In general this Bylaw is supplementary to other North Ando- ver Bylaws affecting the use, height, area, and location of build- ings and structures and the use of premises. Where this Bylaw imposes a greater restriction upon the use, height, area and location of buildings and structures and the use of premises than is imposed by other Bylaws, the provisions of this Bylaw shall control. 12.2 The invalidity of any section or provision of this Bylaw shall not invalidate any other section or provision thereof. TtlE NORTH ANDOV~]A~ PLANi~ING !'{ICHOLAS F. NICETTA, Chairman JOHN B. OSGOOD, Secretary RALPH E. FINCK, Esq. YIOWARD L. GILMAN JAMES M. BANNAN ARTICLE 2. To see if the Town will raise and appropriate or transfer from available funds the sum of $1500.00 to be used by the Planning Board for publishing and printing in such form as may be determined by the Planning Board, the Zoning By-Laws as they may be finally approved at the Town Meeting of June 30, 1956 or any adjournments thereof, provided said By-Laws are otherwise made effective by such approval as might be required by the Attorney General and such publi- cation of said approved amended Zoning By-Laws as may be legally required. ARTICI.E 3. To see if the Town will raise and appropriate or transfer from available funds the sum of Four Thousand ($4,000) Dollars to be used witt~ Four Thousand ($4,000) Dollars of the Eight Thousan~dT ($8,000) Dollars allocated by the federal government for North Andover Town Planning Finan- cial Aid under Section 701 of Tide 7 of the Federal Housing Act of 1954, and to see if the Town will vote to instruct the Planning Board and the Selectmen of North Andover to enter into contract with the Cornmonwealth of Massachusetts, Depart- ment of Commerce, Planning Division, for planning services to be rendered within twelve (12) months from the date of execution of such contract in accordance with such program and specifications as the Selectmen, the Planning Board, and the State Planning Division may agree in writing. ARTICLE 4. To see if the Town will raise and appropriate or transfer from available funds the sum of Eight Hundred ($800) Dollars to be used by the Planning Board with the $750.00 appropriated under Article 5, Item 11 of the Warrant for the March 1956 Annual Town Meeting for extra operating expenses of the Board, including but not limited to additional clerical, postage, supplies, materials, reproductions, etc. occa- sioned by entering into the Federally-Aided Town Planning Program contemplated. ARTICLE 5. To see if the Town of North Andover will vote to amend the Zoning By-Law by changing from General Resi- dential to Business, the following described parcel of land. A parcel of land located on the westerly, side of Chickering Road, bounded and described as follows: Beginning at a point in the westerly line of Chickering Road, said point being at station 22-79,34 of the State Highway stationing; thence northwesterly by the northerly line of a brook or ditch, 186.4 feet to a point; thence again northwesterly, by the northerly line of said brook, 110 feet 36 to a point; thence southwesterly, 185 feet to a point in the north- erly line of Cotuit Street; thence northwesterly by the northerly line of Cotuit Street, 130.69 feet to a point; thence northwesterly and westerly by a curve of 193.01 feet radius, 237.10 feet to a point in the northerly line of Cotuit Street; thence westerly by. said northerly line of Cotuit Street, 332.84 feet to a point; thence northerly 25.160 feet to a point; thence north- westerly 241.23 feet to a point; thence northeasterly 50 feet to a point; thence northwesterly 100 feet to a point; thence northeasterly 100 feet to a point in the southerly line of Ipswich Street; thence northwesterly by the southerly line of Ipswich Street 117.66 feet to a point; thence northwesterly and westerly by a curve of 52.67 feet radius, 30.91 feet to a point, thence northerly across Ipswich Street, 40 feet to a point; thence north- easterly by a stone wall, 1315.52 feet to a corner in the wall; thence southeasterly by the wall 645.5 feet more or less to the corner in the wall; thence southeasterly by the fence 218.3 feet to Chickering Road; thence southerly by the westerly line of Chickering Road 656.9 feet more or less to the point of beginning. Petition of Edward Melamed and others. Petition re-sub- mitted by Planning Board. ARTICLE 6. To see if the Town of North Andover will vote to amend the Zoning By-Law by changing from General Resi- dential to Business, the following described parcel of land. A parcel of land located on the southerly side of Sutton Street and on the westerly side of Osgood Street, bounded and described as follows: Beginning at the intersection o£ the westerly line of Osgood Street with the southerly line of Sutton Street; thence southerly by the westerly line of Osgood Street 873.62 feet to a point; thence westerly 197.82 feet to a point; thence northerly 347.83 feet to a point which is 200 feet westerly of Osgood Street; thence again northerly 500 feet to a point in the southerly line of Sutton Street; thence easterly by the southerly line of Sutton Street, 200 feet to the point of begin- ning. Petition of Edwin C. Murphy and others. Petition re-sub- mitted by Planning Board. ARTICLE 7. To see if the Town of North Andover will vote to amend the Zoning By-Law by changing from General Resi- dential to Business, the following described parcel of land. A parcel of land located on the easterly side of the Salem Turnpike and on the northerly side of Peters Street, bounded and described as follows: Beginning a.t an Essex County Bound marking the easterly end of a curve at tile junction of Peters 37 Street and the Salem Turnpike, thence southwesterly, westerly and northwesterly by a curve of 80 feet radius, 120.83 feet to a stone bound; thence northwesterly by the easterly line of the Salem Turnpike about 115 feet to a point; thence northeasterly a.t an angle of 90 degrees with the last described line 150 feet to a point; thence northwesterly at an angle of 90 degrees with the last described line, 225 feet to a point; thence southwesterly at an angle of 90 degrees with the last described line, 150 feet to a point in the easterly line o~ the Salem Turnpike; thence northwesterly by the easterly line of the Salton Turnpike, about 75 feet to a highwa.y bound; thence again northwesterly by the easterly line of the Salem Turnpike by a curve of 4,000 feet radius, 511.6 feet to a point; thence northeasterly by a stone wall, 620.45 feet to a point; thence again northeasterly by said stone wall, 118.49 feet to a corner in the wall; thence southeasterly by a stone wall, 652.71 feet to a point; thence southwesterly 175 feet to a point; thence southeasterly 800 feet to a point in the northerly line of Peters Street; thence south- westerly by the northerly line of Peters Street, $31.20 feet to the point of beginning. Petition of John D. Driscoll and others. Petition re-sub- mitred by Planning Board. And you are hereby directed to serve this warrant by posting true and attested copies thereof, at the Town Office Building, and at five or more public places in each voting precinct. Said copies to be posted not more than fifteen days nor less than ten days before the time of holding said meeting. HEREOF, FAIL NOT, and make due return of this warrant with your doings thereon to the Town Clerk, at the time and place of said meeting. Given under our hands at North Andover, Massachu- setts, the eleventh daj of June in the year of our Lord one thousand nine hundred and fifty-six. A true copy, ATTEST: WILLIAM A. FINNERAN ~ Board RAYMOND BROADHEADi' o[ ARTHUR P. KIRK Selectmen ............................................................. Constable North Andover, Massachusetts, June ........................ 1956. TOWN OF NORTH ANDOVER MASSACHUSETTS 1943 ZONING BY-LAW For the Town of North Andover, Massachusetts ARTICLE I Section 1. This By-Law is created to promote the health, safety,. convenience, and welfare of the Inhabitants of the Town of North Andover, Massachusetts; to properly regulate the location, size and use of buildings in the Town, to lessen the dangers from fire, congestion and confusion, and to improve and beautify the Town, as provided by Chapters 40, 41, and 143, sections 29-33 of Chapter 93 and Chapter 263 of the Acts of 1933 of the General Laws of the State of Massachu- setts, and any and all amendments and additions thereto. Section 2. Districts: For the purpose of this By-Law, the Town of North Andover, Massachusetts is hereby divided into six (6) types of Districts, designated as follows: 1. Single Residence Districts 2. General Residence Districts 3. Educational Districts 4. Agricultural Districts 5. Business Districts 6. Industrial Districts The boundaries of the districts are shown on a map en- titled, "Proposed Zoning Map for the Town of North An- dover," dated September 1942 as prepared by Morse & Dickinson and Goodwin, Engineers, Haverhill, Massachu- setts to be finally approved by the Planning Board and filed with the Town Clerk; and said Map and all explanatory matter thereon are hereby made a part of this By-Law. The boundaries between districts are, unless otherwise indicated; the center lines of streets, avenues, or railroad rights-of-way. Wherever any uncertainty exists as to the exact location of the boundary line, the location of such a line shall be determined by the Inspector of Buildings. ARTICLE II USE REGULATIONS Section I. Single Residence Districts: Within any Single Residence District, except as pro- vided under Articles V & VI; no ne;v building or s~ructure and no alteration, enlargement of an existing building or structure shall be designed, arranged or constructed, and no land, building, structure, or part thereof shall be used; except for one or more of the following purposes: (a) Single family dwellings. (b) The taking of boarders, or the leasing of rooms by a family residing on the premises, providing there is no sign or display to advertise such use; but it is not permissible to construct or operate overnight camps. (c) The office of a doctor, dentist or other member of a recognized profession residing on or renting the premises; provided there is no display or adver- tising except for a professional name plate, not exceeding 144 square inches in area. (d) Customary home occupations, such as dressmak- ing, millinery, hairdressing, etc., by a person resident on the premises; provided there is no visible display of goods from the street and no exterior advertising, excepting an announcement sign of not more than two square feet in area; and provided such occupation shall not be carried on in an accessory building. (e) Churches, parish houses, public buildings, public libraries or public museums. (f) Cemeteries, hospitaJs, sanitaria and philanthropic institutions with accessory uses; subject to a permit by the Board of Appeals as hereinafter provided. (g) Private clubs not conducted for profit; subject to a permit by the Board of Appeals as hereinafter provided. (h) Public Parks, playgrounds, recreational build- ings, ~vater towers and reservoirs. (i) Telephone exchanges; provided there is no service yard or garage. (j) Rea] estate signs not exceeding six square feet in area advertising the sale, rental, or lease of the premises upon which they are located. (k) Railroad or bus passenger stations, rights of way, including customary accessory services therein; but not including storage, freight yards, or siding. (]) Such accessory uses as are customarily incident to the foregoing purposes and are not injurious to a neighborhood as a place of residence, including garages and stables under conditions hereinafter specified. No accessory building shall be occupied for residence purposes, except that a portion of a garage or stable may be occupied by an em- ployee or employees of the owner or tenant of the premises. The keeping of poultry, pigeons, dogs, pi~s, or other animals as a business shall not be considered as accessory purposes. (m) The removal of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, except- ing for purposes of building construction, on the same premises. The removal of loam within the same limits is permitted to only ~ o~ its depth, except for grading purposes on the same premises. Section 2. General Residence Districts: In general Residence Districts, except as otherwise herei~ provided; no building shall be erected, altered or used in any part except for one or more of the following purposes: (a) Any use permitted in Single Residence Districts. (b) Two family dwellings of the double or duplex type to conform with the neighboring residences. (c) Buildings for such accessory uses as are custom- ary in connection with the uses as enumerated under clauses a and b of this section and para- graph L of Section 1, Article 2, subject to the pro- visions of Articles V and VI. (d) The removal of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, except- ing for purposes for building construction, on the same premises. The removal of loam within the same limits is permitted to only 1~ of its depth except for grading purposes on the same premises. Section 3. Educational Districts: In Educational Districts; no buildings or structure shall be erected, altered, or used in any part except for one or more of the following purposes: (a) Any use permitted in Single Residence or Gen- eral Residence Districts. (b) Private School, College, Academy, Institute or other use of an educational or religious character. (c) Recreational buildings, amusement buildings, in- stitution and power plants, which are directly connected with uses enumerated in paragraph b of this section. (d) Such accessory uses as are customary ill connec- tion with the uses enumerated in clauses a, b, and c of this section. (e) The removal of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, except- ing for purposes of building construction on the same premises. The removal of loam within the same limits is permitted to only 1/~ of its depth, except for grading purposes on the same premises. Section 4. Agricultural Districts: In Agricultural Districts, except as herein otherwise provided; no building shall be erected, altered, or used in any part except £or one or more of the following purposes: (a) Any use permitted in Single Residence or General Residence Districts. (b) Barns, Stables, Poultry or Pig Shelters, or any building used as an accessory to the conducting of a farm. (c) Roadside stand permits issued annually by Board of Appeals as provided under Article VI, Section 2. Stands must set back from the street line 30 feet. (d) Manufacturing of Cider, Vinegar, Dairy Prod- ucts, Poultry, Saw Mills, Gravel Products. (e) Retail shops for custom work to be produced and sold at retail on the premises. (f) Gasoline filling stations and oil stations, garage repair shops, after a hearing by the Board of Appeals as provided herein. The Board of Se- lectmen before the granting of such permits, shall refer all applications to said Board of Appeals for its recommendations on said applications. (g) The removal of loam for sale to be permitted to one-half (1/~) of its depth only. (h) The removal of sand, gravel, or quarried stone from land bordering on or within 250 feet of the Andover By-Pass, Boston Street, Chestnut Street, Dale Street, Great Pond Road, Hillside Road, Johnson Street, Marbleridge Road, Osgood Street, Salem Street or the Salem Turnpike, shall not be permitted except by permit of Board of Appeals. (i) Signs as regulated by To~vn and State Laws. Section 5. Business Districts: (a) Any use permitted in Single Residence, General Residence, or Educational Districts. (b) Apartment or tenement houses and hotels, subject to other By-Laws pertaining thereto. (c) Retail stores and shops for custom work or the making of articles to be sold at retail on the premises, restricted to such light manufacturing as is incidental to a permitted use and where the product is customarily sold on the premises by the producer to the consumer. (d) Places of amusement or assembly. (e) Restaurants and other places for serving food. (f) Gasoline filling stations and oil stations, garage repair shops, sales rooms for motor vehicles and stables. (g) Any building used for commercial or business purposes including that of a barber, caterer, clothes cleaner and presser, confectioner, deco- rator, dressmaker, electrician, florist, furrier, hair dresser, hand laundry, manicurist, milliner, news dealer, optician, painter, 'paperhanger, pastry shop, photographer, printer, publisher, shoemaker, shoe repairing, shoe shiner, tailor, and undertaker. Any building used for the business of a blacksmith, baker, builder, car- penter, contractor, dyer, mason, plumber, roofer, tinsmith, upholsterer, and similar uses which the Board of Appeals may in specific instances find to be compatible with the uses above mentioned. (h) Signs and billboards as regulated by Town and State Laws. (i) No new licenses for the sale of alcoholic beverages of any kind shall be granted in the following Busi- ness Districts, excepting that licenses now in force may be continued. Massachusetts Avenue at l~/iddlese× Street Railroad Avenue at Middlesex Street Chickering Road at Park Street North Andover Center. Section 6. Industrial D{stricts : (a) Any use permitted in Single Residence, Genera] Residence, Educational, or Business Districts. (b) Lumber, fuel, feed, and ice establishments, and contractors yards. (c) Railroad yards, sheds and roundhouses and acces- sory uses. (d) Any industry or manufacturing which will not be seriously detrimental or offensive to adjoining districts by reason of dust, odor, fumes; smoke, gas, wastes, refuse matter, noise or excessive vi- bration or danger of explosion or fire. ARTICLE III HEIGI-IT REGULATIONS Section 1. In Single Residence, General Residence and Educa- tional Districts, the limit of height of buildings shall be ~vo and one-half (2~) stories, not to exceed thirty-five (35) feet in any part measured above the top of the foundation; except that municipal and school buildings, dormitories, and on lots of five acres or'more dwellings may be three (3) stories in height not to. exceed forty (40) feet, and further excepting farm buildings located on farms of not less than ten (10) acres in area which are not limited in height. Section 2. In Business Districts, the limit of height of buildings shall be three (3) stories, not to exceed forty (40) feet, measured above the top of the foundations. Section 3. In Industrial Districts, the limit of height of buildings shall be five (5) stories, not to exceed seventy-five (75) feet measured above the top of the foundation; except that dwellings shall not exceed three (3) stories in height measured as set forth above. Section4. Exceptions: The limitations of height shall not apply in the ease of chimneys or ventilators, towers, spires or other ornamental features of buildings permitted in said districts and in no way used for living purposes. ARTICLE IV AREA AND YARD I~EGULATIONS Section 1. Size o/Lots:. Land subdivided in Single Residence, General Resi- dence, Educational, and Agricultural Districts after the adoption of this By-Law shall provide for lot frontages of not less than 75 feet, and for lot areas of not less than 7,500 square feet; except that lots duly recorded and shown on plans filed at the Registry of Deeds at the time this By-Law is adopted may be used provided the yard requirements as set forth in the succeeding paragraphs are fulfilled. Where a corner lot has its corner bounded by a curved line connecting other building lines which if extended would intersect the frontage and area shall be computed as if such bounding lines were so extended. Section 2. Set Back Lines: (a) No building or structure, or alteration or addition to an existing structure in Single Residence, Gen- eral Residence, Educational and Agricultural Dis- tricts shall extend nearer any street line than thirty feet from the street on which it faces; ex- cept that open porches, small bays, balconies, chimneys, and eaves shah be exempt from the above provisions; but in no case shall such pro- jections extend within twenty feet of said street line. (b) On corner lots in the Single Residence, General Residence, Educational and Agricultural Dis- tricts; the set back required by this section shall be applied to only one street line, but in no case shall the building extend within twenty feet of the street line. No structure, fence, tree or shrub shall be so placed upon the lot as to obstruct traf- fic visibility around the corner. (c) In Single Residence, General Residence, and Edu- cational Districts; where there are other existing buildings within 20:0 feet on each side of the tot in question and w/thin the same block and district, the structure may extend as near the street line as the average alignment of said existing adjacent principal buildings; except that where such build- ings are more than 30 feet from said street line, a new building shall not extend nearer said line than the average set backs of such existing build- ingso Section 3. Side Yards: No principal building in any Residential, Educational or Agricultural District, and no building used for dwelling purposes in any other district shall be constructed, altered, or added to in such a ~anner as to provide a side yard o~ less than fifteen feet in clear width between the side of the structure and the side lot line; excepting in specific cases where existing lots of record are less than the minimum width prescribed in this By-Law. In such cases a side yard not less than ten feet in width may be permitted by the Board o£ Appeals. Section 4. Rear Yards: Behind every dwelling in any Residential, Educational, or Agricultural District; there shall be provided a rear yard between the back line of the house and rear lot line, not less than thirty feet in depth. A rear yard may contain acces- sory buildings not over one and one-half stories in height and covering not over thirty per cent of its area; excepting that on lots of one acre. or more, accessory buildings may be two and one-half stories in height. In Agricultural Dis- tricts where lots are 10 acres or more in area, accessory buildings are not limited in height. Section 5. Yards for Non-Residential Buildings. Any use, not residential or accessory, permitted in a Single Residence, General Residence, Educational or Agri- cultural District; shall observe the provisions of this By- Law in regard to yard regulations as applied to dwellings. Accessory structures which are connected to the dwell- ing shall be considered a part of the dwelling. No part of any separate accessory building permitted in these districts, which is situated within sixW-five feet of any street line, shall extend within fifteen feet of any side lot 1/ne; and an accessory building placed back of a line which is sixty-five feet from the street line, if not more than one and one-half stories in height shall be located not less than five feet from any side or rear lot line. In locations where accessory buildings of more than one and one-half story height are permitted, said buildings shall be located ? not less than ten feet from any side or rear lot line. Section 6. Yards in Business and Industrial Districts: The proximity of business and industrial buildings to the side and rear lot lines, where said lots adjoin a Resi- dential, Educational or Agricultural District; shall meet the same requirements as set forth under yard regulations of those districts. ARTICLE V GENERAL i:~OVISIONS Scation 1. Non-Confoxming Uses: (a) Existing Buildings: Nothing in this By-Law shall prevent the continued use or maintenance of any building, structure, or premises, for the pur- pose for which it is used, or in the condition which it exists at the time of the acceptance of this By- Law by the Town; but no non-conforming use shall be changed, moved, or extended, and no building devoted to a non-conforming use or uses in whole or in part shall be altered, enlarged, reconstructed or extended unless such non-con- forming use or uses are changed to those uses authorized in the district in which the building is located, except as hereinafter provided. (b) Repair of Non-Confor~ning Buildings: An exist- ing non-conforming building may be repaired or strengthened structurally but no such building if destroyed by the intent of 100% of its assessed value shall be rebuilt unless Board of Appeals after a public hearing as set forth under Article VI, finds that such action is required to prevent unnecessary hardship or gross economic loss to the owner and is not injurious to the district in which it exists; and then only by permit by the Board of Appeals and subject to the provisions as set forth in said permit. (c) Extending Existing Non-Co~forming Use: Any existing non-conforming use may be hereafter extended throughout any parts of a building which were definitely designed or arranged for such use at the time of the acceptance of this By- Law. (d) Changes in Use: Wherever a non-conforming use has been changed to a more restricted use, it shall not again be changed to a less restricted use. A non-conforming use which shall have been dis- continued for a period of three years shall not be resumed. (e) Exceptions: In exceptional cases where a pro- posed non-conforming building, structure, or use, will supply a real need, and will not be injurious to a neighborhood; the Board o£ Appeals may grant special permits for new non-conforming buildings, structures, or uses, upon such condi- tions and for periods of not more than one year, and in the manner as hereinafter provided. Section 2. Accessory Uses: (a) Definition: An accessory use is a use customa- rily incidental to the uses permitted in a district and which is not injurious, noxious, or offensive to, nor inconsistent with the character o£ said district. (b) Location of Accessory Uses: Accessory uses shall be on the same lot with the buildings of the owner or lessee, and shall be such as do not alter the character of the premises on which they are located. (e) HotCsing for Employees: The housing of em- ployees iix Single Residence, General Residence, Educational, and Agricultural Districts, on the property o£ the Owner shall be deemed an acces- sory use. (d) Garages and Stables: In Single Residence and General, Residence Districts, a private garage or stable shall be considered an accessory use; pro- vided that no business, service, or industry, con- nected directly or indirectly with motor vehicles, or horse drawn vehicles is carried on; and on condition that garage space for not more than three motor vehicles is provided, nor stable space for more than two horses; except that where lots of five acres or more exist, garage space for not more than five cars may be provided or stable space for not more than three horses. ARTICLE VI ]~)ARD 0F APPEALS Section 1. Organizations, Duties and Limitations: A Board of Appeals of five members, two of whom are members of the Plamfing Board; to be appointed by the Board of Selectmen, is hereby created under provisions of Chapter 40 of the General Laws and any and all amendments and additions thereto, incIuding Section 30 of Chapter 269 of the Acts of 1933; to assume the duties and powers given to said Board herein before stated particularly with refer- ence to the following: (a) To adapt the requirements of this By-Law to irregular, narrow, or shallow lots; or those un- usual either in shape or topography; provided that the spirit and intent of this By-Law with 9 regard to open spaces is preserved. (b) To permit the construction, repair, extension, or alterations of an existing building, whether con- forming or non-conforming in accordance with provisions on USE. (c) To grant temporary and conditional permits of limited duration for non-conforming uses and buildings incidental to development operations. (d) The Board of Appeals may grant no variation which would amount to an amendment of this By- Law; and all such amendments shall be made as provided in General Laws, Chapter 40, Section 30, and additions or amendments thereto. Sect.ion 2. Permits of Board of AFpeals Required: The Board of Appeals may, under restrictions which will carry out the provisions of this By-Law and tend to protect and improve the district; issue the following per- mits: (a) In Single Residence, General Residence and Edu- cational Districts for Cemeteries, Hospitals, Sani- taria, Philanthropic Institutions and Private Clubs. (b) In Business Districts: Gasoline Filling Stations, Oil Stations, Garage Repair Shops, Sales Rooms for Motor Vehicles, Stables, Blacksmith, Baker, Builder, Carpenter, Contractor, Dyer, Mason, Plumber, Roofer, Tinsmith, Upholsterer. (c) In Industrial Districts: Any industry which is not determined detrimental to the district or ad- joining districts as set forth in Article II, Section 6, paragraph (d). (d) In Agricultural Districts: A roadside stand for the sale of farm produce, Gasoline Filling Stations or Repair Shops. The removal of sand, gravel, or quarried stone from certain areas as set forth in Article II, Section 4, paragraph (h). (e) Where spec/al permits by the Board of Appeals are required under this Section, the Building Inspec- tor shall issue no permit until so directed in writing by the Board of Appeals. Upon applica- tion for such a permit the Board shall g/ve not less than seven (7) days' public notice by publi- cation in a newspaper and by mail to the appli- cant and to the owners of all property deemed by the Board as affected by such a permit; and shall hold a hearing and render a decision. The appli- cant shall show to the satisfaction of the Board that the use of the premises for which applica- tion is made shall not constitute a nuisance be- cause of noise, vibration, smoke, gas, fumes, odor, dust or other objectionable features, and that such use shall not otherwise be injurious to the habitants, or dangerous to the public health or safety. When not so satisfied the Board shall refuse a permit. When, in the opinion of the Board such a permit may be granted if accom- panied by conditions specially designed to safe- guard the district and the Town, it shall impose such conditions and make them a part of the decision; and they shah be made a part of the permit issued by the Building Inspector. ARTICLE VII LOCATION OF AUTOMOBILE SERVICES No portion of the front or side lines of a public garage, automobile repair shop, greasing station, storage battery service station, or gasoline filling station; or any of their appurtenances or accessory uses, shall hereafter be placed within 50 feet of any residence district. ARTICLE VIII I)EFINITIONS In this By-Law the following terms shall have the mean- ings here assigned to them. (a) A Family.' Any number of individuals living and cooking together on the premises as a single housekeeping unit. (b) D~velling: Any building used in whole or in part for inhabitants. (c) Single Family Dwelling: A detached dwelling designed for and occupied by a single family. (d) Two Family Dwelling: A detached dwelling in- tended and designed to be occupied by two fam- ilies. (e) Apartment or Tenement House: A dwelling for more than two families under one roof; or for one or more families above a first floor used for non- residence purposes. (f) One.half Story: That portion of a building un- der a sloping roof, the cubic contents of which are never more than half of that of the story below. (g) A Lot: A lot is a single tract of land held in identical ownership throughout and which is bounded by streets, waterways, or ponds; or by land of other owners. (h) A Corner Lot: A corner lot is a lot at the junc- tion of and fronting on two or more intersecting streets, twenty feet or more in width. (i) .4 Street Line: The line dividing a street, either public or private, from private property. Lot Line: The established dividing line between two pieces of property. (k) Set-back Line: The distance from the street line to that part of a structure nearest the street line and measured at right angles to the street line. (l) Accessory Use: An accessory use is a use cus- tomarily incidental to the uses permitted in a district and which is not injurious, noxious, or offensive to, nor inconsistent ~vith, the character of said district. (m) Non-Conforming Use: A non-conforming use is a use which does not conform to the use regula- tions of the district in which such use exists or might be introduced. (n) Non-Conforming Building: A non-conforming building is a building, the use or construction of ~vhich does not conform in whole or in part to the use or construction regulations of the district in which the building is located. ARTICLE IX ENFORCEMENT This By-Law shall be administered by the Building In- spector. He shall approve no application of any kind, plans and specifications and intended use, which are not in all respects in conformity with this By-Law. Application for building permits shall be accompanied by a plot plan of the lot in duplicate, drawn to scale; showing the actual dimensions of the lot and the exact location and size of the building already upon the lot, and of the building or structure to be erected, together with the.. streets and alleys on and adjacent to the lot. A' record of such applica- tions and plats shall be kept on file in the office of the Build- ing Inspector. ARTICLE X CONFLICT OF LAWS In general this By-Law is supplementary to other By- Laws affecting the use, height, area, and location of build- ings and structures and the use of premises. V~here this By-Law imposes a greater restriction upon the use, height, area, and location of buildings and structures of the use of premises than is imposed by (~ther By-Laws, the provisions of this By-Law shall control. ARTICLE XI APPEALS Any person aggrieved by the action of the Building In- spector may appeal to the Board of Appeals, and if aggrieved by a decision of the Board of Appeals, may appeal under the provisions of Chapter 40, of the General Laws, and amend- ments and additions thereto. ARTICLE XII AMENDMENT The Planning Board upon petition of not less than ten (10) citizens of the Town, or upon its own initiative; may hold public hearings, 14 days' public notice of which shall be given, for the consideration of any proposed amendments to the Zoning Map, or to this By-Law; and report to a Town Meeting its recommendations as to what action should be taken. No hearings shall be held or appeals considered for any variation or change of district boundaries except as provided in Section 30, Chapter 40, of the General Laws, and in this Article. ARTICLE XIII VALIDITY The invalidity of any section or provision of this By- Law shall not invalidate any other section or provision thereof. ARTICLE XIV This By-Law shall take effect upon its approval by the Attorney General and publication according to law. Notice is hereby given under the provisions of Section 32, of Chapter 40, of the General Laws, as amended by Chap- ter 185, of the Acts of 1933, that the Town of North Andover, at its Adjourned Annual Meeting held March 13, 1943, adopted the foregoing Zoning By-Law together with the Zoning Map, and that the same was approved by Robert T. Bushnell, Attorney General of the Commonwealth, April 13, 1943. JOSEPH A. I)UNCAN, Town Clerk. North Andover, Mass., May 1, 1943. ZONING BY'LAW TOWN OF NORTH ANDOVER MASSACHUSETTS 1943 ZONING BY-LAW For the Town of North Andover, Massachusetts - ARTICLE I Section 1. This By-Law is created to promote the health, safety, convenience, and welfare of the Inhabitants of the Town of North Andover, Massachusetts; to properly regulate the location, size and use of buildings in the Town, to lessen the dangers from fire, congestion and confusion, and to improve and beautify the Town, as provided by Chapters 40, 41, and 143, sections 29-33 of Chapter 93 and Chapter 263 of the Acts of 1933 of the General Laws of the State of Massachu- setts, and any and all amendments and additions thereto. Section 2. Districts: For the purpose of this By-Law, the Town of North Andover, Massachusetts is hereby divided into six (6) types of Districts, designated as follows: 1. Single Residence Districts 2. General Residence Districts 3. Educational Districts 4. Agricultural Districts 5. Business Districts 6. Industrial Districts The boundaries of the districts are shown on a map en- titled, "Proposed Zoning Map for the Town of North An- dover," dated September 1942 as prepared by Morse & Dickinson and Goodwin, Engineers, Haverhill, Massachu- setts to be finally approved by the Planning Board and filed with the Town Clerk; and said Map and all explanatory matter thereon are hereby made a part of this By-Law. The boundaries between districts are, unless otherwise indicated; the center lines of streets, avenues, or railroad rights-of-way. Wherever any uncertainty exists as to the exact location of the boundary line, the location of such a line shall be determined by the Inspector of Buildings. ARTICLE II USE REGULATIONS Section 1. Single Residence Districts: Within any Single Residence District, except as pro- vided under Articles V & VI; no new building or structure and no alteration, enlargement of an existing building or 'structure shall be designed, aeranged or constructed, and no land, building, structure, or part thereof shall be used; except for one or more of the following purposes: (a) Single family dwellings. (b) The taking of boarders, or the leasing of room~ by a family residing on the premises, providing there is no sign ur display to advertise such use; but it is not permissible to construct or operate overnight camps. (c) The office of a doctor, dentist or other member of a recognized profession residing on or renting the premises; provided there is no display or adver- tising except for a professional name plate, not exceeding 144 square inches in area. (d) Customary home occupations, such as dressmak- ing, millinery, hairdressing, etc., by a person resident on the premises; provided there is no visible display of goods from the street and no exterior advertising, excepting an announcement sign of not more than two square feet in area; and provided such occupation shall not be carried on in an accessory building. (e) Churches, parish houses, public buildings, public libraries or public mase~ms. (f) Cemeteries, hospitals, sanitaria and philanthropic institutions with accessory uses; subject to a per,it by the Board of Appeals as hereinafter provided. (g) Private clubs not conducted for profit; subject to a permit by the Board of Appeals as hereinafter provided. (h) Public Parks, playgrounds, recreational build- ings, water towers and reservoirs. (i) Telephone exchanges; provided there is no service yard or garage. (j) Real estate signs not exceeding six square feet in area advertising the sale, rental, or lease of the premises upon which they are located. (k) Railroad or bus passenger stations, r.ights of way, including customary accessory services therein; but not including storage, freight yards, or siding. (l) Such accessory uses as are customarily incident to the foregoing purposes and are not injurious to a neighborhood as a place of residence, including garages and stables under conditions hereinafter specified. No accessory building shall be occupied for residence purposes, except that a portion of a garage or stable may be occupied by an em- ployee or employees of the owner or tenant of the premises. The keeping of poult.ry, pigeons, dogs, pigs, or other animals as a bus~ness shall not be considered aS accessory purposes. (m) The removal of sand, gravel, or quarried stone,. below the street level of an abutting street and within 250' of the same is not permitted, except- lng for purposes of building construction, on the same premises. The removal of loam within the came limits is permitted to only ~ of its depth, except for grading purposes on the same premises, Sec~io~ ~. Ge~era~ Residence Districts: In general Residence Districts, except as otherwise herein provided; no building shall be erected, altered or used in any part except for one or more of the following purposes: (a) Any use permitted in Single Residence Districts. (b) Two family dwellings o,f the double or duplex type to conform with the neighboring residences. (c) Buildings for such accessory uses as are custom- ary in connection with the uses as enumerated under clauses a and b of this section and para- graph L of Section 1, Article 2, subject to the pro- visions of Articles V and VI. (d) The removal of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, except- ing for purposes for building construction, on the same premises. The removal of loam within the same limits is permitted to only ~ of its de. pth except for grading purposes on the same premises. Se~io~ ~. Edzw~rtio~o2 Districts: In Educational Districts; no buildings or structure shall be erected, altered, or used in any part except for one or more of the following purposes: (a) Any use permitted in Single Residence or Gen- eral Residence Districts. (b) Private School, College, Academy, Institute or other use of an educational or religious character. (c) Recreational buildings, amusement buildings, in- stitution and power plants, which are directly connected with uses enumerated in paragraph b of this section. (d) Such accessory uses as are customary in connec- tion with the uses enumerated in clauses a, b, and c of this section. (e) The removal of sand, gravel, or quarried stone, below the street level of an abutting street and within 250' of the same is not permitted, except- ing for purposes of building construction on the same premises. The removal of loam within the same limits is permitted to only 1/2 of its depth, except for grading purposes on the same premises. Secti~ 6. A gric~dtura~ Districts: In Agricultural Districts, except as herein otherwise provided; no building shall be erected, altered, or used in any part except for one or more of the following purposes: (a) Any use permitted in Single Residence or General Residence Districts. (b) Barns, Stables, Poultry or Pig Shelters, or any building used as an access.ory to the conducting of a farm. (c) Roadside stand permits issued annually by Board of Appeals as provided under Article VI, Section 2. Stands must set back from the street line 30 feet. (d) Manufacturing of Cider, Vinegar, Dairy Prod- ucts, Poultry, Saw Mills, Gravel Products. (e) Retail shops for custom work to be produced and sold at retail on the premises. (f) Gasoline filling stations and oil stations, garage repair shops, after a hearing by the Board of Appeals as provided herein. The Board of Se- lectmen before the granting of such Permits, shall refer all applications to said Board of Appeals for its recommendations on said applications. (g) The removal of loam for sale to be permitted to one-half (1~) of its depth only. (h) The removal of sand, gravel, or quarried stone from land bordering on or within 250 feet of the Andover By-Pass, Boston Street, Chestnut Street, Dale Street, Great Pond Road, Hillside Road, Johnson Street, Marbleridge Road, Osgood Street, Salem Street or the Salem Turnpike, shall not be permitted except by permit of Board of Appeals. (i) Signs as regulated by Town and State Laws. Se~ion 5. Business Districts: (a) Any use permitted in Single Residence, General Residence, or Educational Districts. (b) Apartment or tenement houses and hotels,subject to other By-Laws pertaining thereto. (c) Retail stores and shops for custom work or the making of articles to be sold at retail on the premises, restricted to such ligltt manufacturing as is incidental to a permitted use and where the product is customarily sold on the l~remises by the producer to the consumer. (d) Places of amusement or assembly. (e) Restaurants and other places for serving food. (f) Gasoline filling stations and oil stations, garage repair shops, sales rooms for motor vehicles and stables. (g) Any building used for commercial or business purposes including that of a barber, caterer, clothes cleaner and presser, confectioner, deco- rator, dressmaker, electrician, florist, furr/er, hair dresser, hand laundry, manicurist, milliner, news dealer, optician, painter, paperhanger, pastry shop, photographer, printer, publisher, shoemaker, shoe repairing, shoe shiner, tailor, and undertaker. Any building used for the business of a blacksmith, baker, builder, car- penter, contractor, dyer, mason, plumber, roofer, tinsmith, upholsterer, and similar uses which the Board of Appeals may in specific instances find to be compatible with the uses above mentioned. (h) Signs and billboards as regulated b~; Town and State Laws. (i) No new licenses for the sale of alcoholic beverages of any kind shall be granted in the following Busi- ness Districts, excepting that licenses now in force may be continued. Massachusetts Avenue at Middlesex Street Railroad Avenue at Middlesex Street Chickering Road at Park Street North Andover Center. Section 6. Industrial Districts: (a) Any use permitted in Single Residence, Genera] Residence, Educational, or Business Districts. (b) Lumber, fuel, feed, and ice establishments, and contractors yards. (c) Railroad yards, sheds and roundhouses and acces- sory uses. (d) Any industry or manufacturing which will not be seriously detrimental or offensive to adjoining districts by reason of dust, odor, fumes; gas, was~es, refuse matter, noise or excessive bration or danger of explosion or fire. · ARTICLE III HEIGHT REGULATIONS Section 1. In Single Residence, General Residence and Educa- tional Districts, the limit of height of buildings shall be two and one-half (21~) stories, not to exceed thirty-five (35) feet in any part measured above the top of the foundation; except that municipal and school buildings, dormitories, and on lots of five acres or more dwellings may be three (3) stories in height not to exceed forty (40) feet, and further excepting farm buildings located on farms of not less than ten (10) acres in area which are not limited in height~ Section £. In Business Districts, the limit of height of buildings shall be three (3) stories, not to exceed forty (40) feet, measured above the top of the foundations. Section 3. In Industrial Districts, the limit of height of buildings shall be five (5) stories, not to exceed seventy-five (75) feet measured above the top of the foundation; except that dwellings shall not exceed three (3) stories in height measured as set forth above. Section 4. Exceptions: The limitations of height shall not apply in the case of chimneys or ventilators, towers, spires or other ornamental features of buildings permitted in said districts and in no way used fSr living purposes. ARTICLE IV AREA AND y~.~ REGULATIONS Section 1. 'Size of Lots: Land subdivided in Single Residence, General Resi- dence, Educational, and Agricultural Districts after the adoption of this By-Law shall provide for lot frontages of not less than 75 feet, and for lot areas of not less than 7,500 square feet; except that lots duly recorded and shown on plans filed at the Registry of Deeds at the time this By-Law is adopted may be used provided the yard requirements as set forth in the succeeding paragraphs are fulfilled. Where a corner lot has its corner bounded by a curved line connecting other building lines which if extended would intersect the frontage and area shall be computed as if such bounding lines were so extended. Section 2. Set Back Lines: (a) No building or structure, or alteration or addition to an existing structure in Single Residence, Gen- eral Residence, Educational and Agricultural Dis- tricts shall extend nearer any street line than thirty feet from the street on which it faces; ex- cept that open porches, small bays, balconies, chimneys, and eaves shall be exempt from the above provisions; but in no case shall such pro- jections extend within twenty feet of said street line. (b) On corner lots in the Single Residence, General Residence, Educational and Agricultural Dis- tricts; the set back required by this section shall be applied to only one street line, but in no case shall the building extend within twenty feet of the street line. No structure, fence, tree or shrub shall be so placed upon the lot as to obstruct traf- tic visibility around the corner. (c) In Single Residence, General Residence, and Edu- cational Districts; where there are other existing buildings within 200 feet on each side of the lot in question and within the same block and district, the structure may extend as near the street line as the average alignment of said existing adjacent principal buildings; except that where such build- ings are more than 30 feet from said street line, a new building shall not extend nearer said line than the average set backs of such existing build- ings. Section 3. Side Yards: No principal building in any Residential, Educational or Agricultural District, and no building used for dwelling purposes in any other district shall be constructed, altered, or added to in such a Panner as to provide a side yard of less than fifteen feet in clear width between the side of the structure and the side lot line; excepting in specific cases where existing lots of record are less than the minimum width prescribed in this By-Law. In such cases a side yard not less than ten feet in width may be permitted by the Board of Appeals. Section 4. Rear Yards: Behind every dw¢lling in any Residential, Educational, or Agricultural District; there shall be provided a rear yard between the back line of the house and rear lot line, not less than thirty feet in depth. A rear yard may contain acces- sory buildings not over one and one-half stories in height and covering not over thirty per cent of its area; excepting that on lots of one acre or more, accessory buildings may be two and one-half stories in height. In Agricultural Dis- tricts where lots are 10 acres or more in area, accessox~J buildings are not limited in height. · Section 5. Yards for Non-Residential Buildin#s. Any use, not residential or accessory, pertained ia a Single Residence, General Residence, Educational or Ag~k cultural District; shall observe the provisions of this By- Law in regard to yard regulations as applied to dwellings. Accessory structures which are connected to the dwell- ing shall be considered a part of the dwelling. No part of any separate accessory building permitted in these districts, which is situated within sixty-five feet of any street line, shall extend within fifteen feet of any side lot line; and an accessory building placed back of a line which is sixty-five feet from the street line, if not more than one and one-half stories in height shall be located not less than five feet from any side or rear lot line. In locations where accessory buildings of mors than one and one-half story height are permitted, said buildings shall be located ? not less than ten feet from any side or rear lot line. Section 6. Yards in Business and Industrial Districts: The proximity of business and industrial buildings to the side and rear lot lines, where said lots adjoin a Resi- dential, Educational or Agricultural District; shall meet the ~ame requirements as set forth under yard regulations of those districts. ARTICLE V CaENERAL PROVISIONS $~tion 1. Non-Conforming Uses: (a) Existing Buildings: Nothing in this By-Law shall prevent the continued use or maintenance of any building, structure, or premises, for the pur- pose for which it is used, or in the condition which it exists at the time of the acceptance of this By- Law by the Town; but no non-conforming use shall be changed, moved, or extended, and no building devoted to a non-conforming use or uses in whole or in part shall be altered, enlarged, reconstructed or extended unless such non-con- forming use or uses are changed to those uses authorized in the district in which the building is located, except as hereinafter provided. (b) Repair of Non-Conforming B~ildings: An exist- ing non-conforming building may be repaired or strengthened structurally but no such building if destroyed by the intent of 100% of its assessed value shall be rebuilt unless Board of Appeals after a public hearing as set forth under Article VI, finds that such action is required to prevent unnecessary hardship or gross economic loss to the owner and is n~t injurious to the district in 'which it exists; and then only by permit by the Board of Appeals and subject to the provisions as set forth in said permit. (c) Extending Existing Non-Co~forming Use: Any existing non-conforming use may be hereafter extended throughout any parts of a building which were definitely designed or arranged for such use at the time of the acceptance of this By- (d) Changes in Use: Wherever a non-conforming use has been changed to a more restricted use, it shall not again be changed to a less restricted use. A non-conforming use which shall have been dis- continued for a period of three years shall not be resumed, (e) Exceptions: In exceptional cases where a pro- posed non-conforming building, structure, or use, will supply a real need, and w/Il not be injurious to a neighborhood; the Board of Appeals may grant special permits for new non-conforming buildings, structures, or uses, upon such condi- tions and for periods of no~ more than one year, and in the manner as hereinafter provided. Section £. Accessory Uses: (a) Definition: An accessory use is a use customa~ rily incidental to the uses permitted in a district and which is not injurious, noxious, or offensive to, nor inconsistent with the character of said district. (b) Location of Accessor~ Uses: Aceessory~uses shall be on the same lot with the buildings of the owner or lessee, and shall be such as do not alter the character of the premises on which they are located. (c) Housing for Employees: The housing of em- ployees in Single Residence, General Residence, Educational, and Agricultural Districts, on the property of the Owner shall be deemed an acces- sory use. (d) Gara#es and Stables: In Single Residence and General, Residence Districts, a private garage or · stable shall be considered a~ accessory use; pro- vided that no business, service, or industry, con- nected directly or indirectly with motor vehicles, or horse drawn vehicles is carried on; and on condition that garage space for not more than three motor vehicles is provided, nor stable space for more ~an two horses; except that where lots of five acres or more exist, garage space for not more than five cars may be provided or stable space for not more than three horses. ARTICLE VI BOARD 0r APPEALS Section 1. Organizations, Duties and Limitations: A Board of Appeals of five members, two of whom are members of the Planning Board; to be appointed by the Board of Selectmen, is hereby created under provisions of Chapter 40 of the General Laws and any and all amendments and additions thereto, including Section 30 of Chapter 269 of the Acts of 1933; to assume the duties and powers given to said Board herein before stated particularly with refer- ence t~ the following: (a) To adapt the requirements of this By-Law to irregular, narrow, or shallow lots; or those un- usual either in shape or topography; provided that the spirit and intent of this By-Law with 9 regard to open spaces is preserved. (b) To permit the construction, repair, extension, or alterations of an existing building, whether con- forming or non-conforming in accordance with provisions on USE. (c) To grant temporary and conditional permits of limited duration for non-conforming uses and buildings incidental to development operations. (d) The Board of Appeals may grant no variation which would amount to an amendment of this By- Law; and all such amendments shall be made as provided in General Laws, Chapter 40, Section 30, and additions or amendments thereto. Section £. Permits o~ Boarc~ of Alrpeals Required: The Board of Appeals may, under restrictions which will carry out the provisions of this By-Law and tend to protect and improve the district; issue the following per- mits: (a) In Single Residence, General Residence and Edu- cational Districts for Cemeteries, Hospitals, Sani- taria, Philanthropic Institutions and Private Clubs. (b) I~ Business Districts: G~soline Filling Stations, Oil Statio~, Garage Repair Shops, Sales Rooms for Motor Vehicles, Stables, Blacksmith, Baker, Builder, Carpenter, Contractor, Dyer, Mason, Plumber, Roofer, Tinsmith, Upholsterer. (¢) In Industrial Districts: .Any industry which is not determined detrimental to the district or ad- joining districts as set forth in Article II,: Section 6, paragraph (d). (d) I~ Agricultural Dist~iats: A roadside stand for the sale of farm produce, Gasoline Filling Stations or Repair Shops. The removal of sand, gravel, or quarried stone from certain areas as set forth in Article II, Section 4, paragraph (h). (e) Where special permits by the Board of Appeals are required under this Section, the Building Inspec- tor shall issue no permit until so directed in writing by the Board of Appeals. Upon applica- tion for such a permit the Board shall give not less than seven (7) days' public notice by pub!i- cation in a newspaper and by mail to the appli- cant and to the owners of all property deemed by the Board as affected by such a permit; and shall hold a hearing and render a- decision. The appli- cant shall show to the satisfaction of the Board that the use of the premises for which applica~ tion is made shall not constitute a nuisance be- cause of noise, vibration, smoke, gas, fumes, odor, dust or other objectionable features, and that such use shall not otherwise be injurious to the in- habitants, or dangerous to the public health or safety. When not so satisfied the Board shall refuse a permit. When, in the opinion of the Board such a permit may be granted if accom- panieH by conditions specially designed to safe- guard the district and the Town, it shall impose such conditions and make them a part of the decision; and they shall be made a part of the permit issued by the Building Inspector. ARTICLE VII LOCATION OF AUTOMOBILE SERVICES NO portion of the front or side lines of a public garage, automobile repair shop, greasing station, storage battery service station, or gasoline filling station; or any of their appurtenances or accessory uses, shall hereafter be placed within 50 feet of any residence district. ARTICLE VIII DEFINITIONS In this By-Law the following terms shall have the mean- ings here assigned to them. (a) A Family: Any number of individuals living and cooking together on the premises as a single housekeeping unit. (b) Dwelling: Any building used in whole or in part for inhabitants. (e) Single Family Dwelling: A detached dwelling designed for and occupied by a single family. (d) Two Family Dwelling: A detached dwelling in- tended and designed to be occupied by two fam- ilies. (e) Apartment or Tenement House: A dwelling for more than two families under one roof; or for one or more families above a first floor used for non- residence purposes. (f) One,half Story: That portion of a building un- der a sloping roof, the cubic contents of which are never more than half of that of the story below. (g) A Lot: A lot is a single tract of land held in identical ownership throughout and which is bounded by streets, waterways, or ponds; or by land of other owners. (I~) A Corner Lot: A corner lot is a lot at the junc- tion of and fronting on two or more intersecting streets, twenty feet or more in width. (i) A Street Line: The line dividing a street, either public or private, from private property. (j) Lot Line: The established dividing line between two pieces of property. (Ir) Se~-back Line: The distance from the street line to that part of a structure nearest the street line and measured at right angles to the street line. (l) Accessory Use: An accessory use is a use cus- tomarily incidental to the uses permitted in a district and which is not injurious, noxious, or offensive to, nor inconsistent with, the character of said district. (m) Non-Conforming Use: A non-conforming use is a use which does not conform to the use regula- tions of the district in which such use exists or might be introduced. (n) Non-Conforming Building: A non-conforming building is a buiIding, the use or construction of which does not conform in whole or in part to the use or construction regulations of the district in which the building is located. ARTICLE IX ENFORCEMENT This By-Law shall be administered by the Building In- spector. He shall approve no application of any kind, plans and specifications and intended use, which are not in all respects in conformity with this By-Law. Application for building permits shall be accompanied by a plot plan of the lot in duplicate, drawn to scale; showing the actual dimensions of the lot and the exact location and size of the building already upon the lot, and of the building or structure to be erected, together with the streets and alleys on and adjacent to the lot. A~ record of such applica- tions and plats shall be kept on file in the office of the Build- ing Inspector. ARTICLE X CONFLICT OF LAWS In general this By-Law is supplementary to other By- Laws affecting the use, height, area, and location of build- ings 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 of the use of premises than is imposed by other By-Laws, the provisions of this By-Law shall control. ARTICLE XI APPEALS Any person aggrieved by the action of the Building In- spector may appeal to the Board of Appeals, and if aggrieved by a decision of the Board of Appeals, may appeal under the provisions of Chapter 40, of the General Laws, and amend- merits and additions thereto. ARTICLE XII AMENDMENT The Planning Board upon petition of not less than ten (10) citizens of the Town, or upon its own initiative; may hold public hearings, 14 days' public notice of which shall be given, for the consideration of any proposed amendments to the Zoning Map, or to this By-Law; and report to a Town Meeting its recommendations as to what action should be taken. No hearings shall be held or appeals considered fo~ any variation or change of district boundaries except as provided in Section 30, Chapter 40, of the General Laws, and in this Article. ARTICLE XIII VALIDITY The invalidity of any section or provision of this By- Law shall not invalidate any other section or provision thereof. ARTICLE XIV This By-Law shall take effect upon its approval by the ACcorney General and publication according to law. Notice is hereby given under the provisions of Section 32, of Chapter 40, of the General Laws, as amended by Chap- ter 185, of the Acts of 1933, that the Town of North Andover, at its Adjourned Annual Meeting held March 13, 1943, adopted the foregoing Zoning By-Law together with the Zoning Map, and that the same was approved by Robert T. Bushnell, Attorney General of the Commonwealth, April 13, 1943. JOSEPH A. DUNCAN, Town Clerk. North Andover, Mass., May 1, 1943~ 13 TOWN OF I~0 RTIt ANDOVEIt cal~ ~ttention ~ ~ m~t~ dtspl~Ted ac~ or g~s ~1~ or pr~d ~n ~ p~mt~, (c) H It ~nt~ns any obscene, decent or ~moral matter. (al Unl~ a~ pa~ an~ at~c~en~ and the ~ro~nd a~t ~e b~e t~er~ are kept in neat and safe condition. ~c~on 5. ~neral ~s~ictions. NO advertisin~ si~ or s~gnb~d shah the legal ]~it of height for such build- Section 6. Restrictions in Re~dentlal r~ident~al district, any b~ll~ard s~clf~ In paragrap~ .(a) (b) (c) (b) Any la~ ~l~ dM~layed 'by ~e ~own. er' ~ny sign d~played by nit~ Sts~s, the ~ta~ or (d) On ~mperty owned ~ ~rln- cipally oc~pl~ by a r~io~, m~l~ of the Sel~men with ~ ~v~ of the ln~r of any, for a l~lted not exce~lug Sec~on ~. A~istra~n. Wh~e~r ing d~l~ ~ be e~d or In the ~ Is recelv~ ~ the who ~nt~nues such violation ~or illegal ~ ~y couP, ~e v~ldlty ~ec~ thereby. TOWN OF NORTH ANDOVER The Commonwealth of Massaehuset~ ~e ~ou~ed ~nu~l m~t~ng cf North Andover ~d ~srch ~8~ ~tn~s ~y hsn~ ~n~ the s~ of ~e ~O~ A. DUNCAN ~wn Cler~ Town ~y-Law, A~tcle Number Nine Regu~o~ of Adve~sing Signs and - . Blllbo~ds ~o~s In ~c~10n ~ of Ch~p~r 93, oI ~ Gener~ ~w~, ~nd pu~u~n~ ~ aH o%her p~sions of ]~w, and without ~ner~l ~ws, or ~ a~ or other "8~n-~ard" sh~l mean ~y st~o~nre "H~h~" ~ "S~" ~1 mean "~wful ~ign~' s~ me~ anF out- premi~s sh~ll be ~l~t~ or~ (c) If It ~ontains any o~ne, are kep~ In zea~ and' ~e ~ndlticn. S~l~ ~ Gener~ ~c~ons. ~vert~lng sl~ or sl~b~ shall ~lt~ or ~lowed ~ .~ so l~a~ ~ t0 obs~ a vl~ between any or wgll of a bulling. ~ ex.nd ing or ~1 or In a ~sld~tial ln~' nearer to ~y boun~ of ~aph (C) of ~ct~on 6 S~tlon 6. ~st~.cfions i~ ~siden~ Dish,cts. ~o ~rs0n, f~. ~aifl~ln er ~low ~ ~ dlsplay~ or (a) Any ]a~ sectary sl~ or ~a~ ~a on ~y one ~Idlng 0r lot; or ~y la~ sign o~ ~1~ ~ver- rising ~ly ~e ~e or rental of the (c)~; At any bo~da~ .line of ~wn a la~ sl~n not exc~dlnq ~qu~e f~t In a~a lndl~ln~ (d) On p~pertF owned ~ o~ chari~ble ~lzatlon, ~ilon ~. A~ulstraUon. ~ye~ .or any o~her ~wn o~cial, ~rged lt~ ~e a~ln~ti~ ~ {a~ an~ ~vislo~ of th~ ~qaw, and, If he fl~ds su~ violation, s~cl~ what ~he~of and of l~ pro~ so, what ;of ~ls by-law and ~ ca~ ~elr re- rem~ining pmv~ions shah not ~ fec~d ~eby. law shall ~ c~n~ed In SU~ a man- J~ A. DUNCAN To~ TOWN OF NORTH ANDO~R , signs The Commonwealth of Ma~achusetts (c) o~ ills walls of b~n~; It ~nt~ns ~y o~ne, ~A~-- ] (d) Unl~ ~ ~s and at~ ~~ [ and ~e ~d a~ut ~e ~se ther~f ~/~ ~R~ ~ ar~ k?pt m neat and ~fe COndi~on. ~ . · ..... '~'~' g~ I~ or ~o 0bs~ct ~ which l~ ~n~; [ ~ W~om It May ~once~ ] bmldlng, except ~ [~ani~o~sly ~op~d by the voter~ a~ ~ CO~- ~ ~son, tl~, ~la~on ~[er held Mar~ 18, 1939. ~{~;~:~" m[qW ~ ~ d]sDlay~ ~_~[~.~.h~d ~d ~e ~eal of tho r~i~~ ~o: J~ pro~F, In- a ~wn Clerk and ( ) of ~ction. 8e~lon L Statuto~ lu~hu~tF. In ~ ~r_~y 1~ ?gn or s~ ~ver- ~u~uau~ of ~ au~l~ g~ ~ [ u~uiF ~e s~e or r~l cZ the relaxing a~y r~flctions now ~p~ fo~ any lanai ~ ~ on.ocr adverting devl~ by 8~- [ e.~J.--~ .. ":~ ~ g~ not I~n~L~uc~ devils are hereby fur~er ion ~. ~j.any.~a~fm ~ me town or any sign d~played by ~e in or over public ~, d~crl~d In a~a~tve.~ gove~e~t Vlc~ on or in ~e rolling s~, sta- ~ ..... ~ ~ndlcatlng ~ ~lons, subways or structur~ of ~ ~ed I loca~g~ o~. any cite aev~ces on bridges or vladu~ or abu~ ]cl (d). On p~erty o~ ~ ~ents ~e~. I~ al~ shall not apply [ pa~y ~ccupl~ by a rollicks, clvt~ [~lt~d_~nd mainlined on the dat~ of Icl war v~fa~ or ~e ~e any lawful I played in der ' ~ ~rt~- _ c e~zoam u~, ~ a ~Ce or munl~paI { a~ aav~r?slng devl~ world ~uppiy, ~ a memoria ~ ~me~e~, or ]~ ~ such violation, s~ol~ ~ a place of un.ual scenic or h~- [~chl~s ~uld ~ vlota~. Ia ~ torical funereal p. laUon he S~l eend like ] , "~rmitted" shal m~n mu~ora~ [~a~ ~ ~e applic~$ ~d ~ the m~ln~ln visible Imm ~ hl~hwa~, [, Any pe~on desMlng ~ e~t ~ s~ ~ "~Mdenti~l District" ahab mean any [the applicant whe~e~ or no~ the [ po~d advert~lng d~vi~ wo~d vlolaM ] ~ea ~n~ gs residential [ ~Y p~oviSion of bhls bF-law, ~d, ] "~on-conform~g b~ln~" sh~l ~ so, what 9rov~ion. {mean ~ b~ lo~t~t k i r~ldential { ~ad officer shall D~se~e f~ ~ [b~ine~ as la~lng or the raMl~ and ][~}~rs and o~her pape~ re~Iv~ b~ ~en or orcha~ P~uc~ - ~n~ I~t~rs ~ent by h~ relative ~ out- ~l ~%~a~i~ law or by any law- ] ~ent%Th~ ~Ie~men.~ ~y o~ o~l. ] "Ack.cry Sign" ~all mean any out ~ ~ ~a~ .with ~ ~fore~t ol [cludlng signs ln~l~tlns b~in~ t~ns- Ir~'~..L_~rn~u with o~er. ~ ...... .on ~ne~oz, and ~hall c~e ~ [ lng with the Wall or On t Wi~d~ ~ I moral' ~b~--~ ~ cau~ ~eir ~ ...... [firm, ~ociatlon or ~rmoration exce-~ ] ~ ~a~ py any :~u~, ~e v~idlty ol th~ [the owner or ~ ~n~t [ccup~{ of ~ [~emammg pmvlsio~ ahall not ~ I~ee~d ~hereby biE~ or other outer advertts~g Inet u ~ c- ,~, ,- - .-- - addr~s of the par~' h"$1~dl~-'~s~c'~ ['?sIPE: Rf any .~ a~tty havJnl --- ~-- ~ me~l~ held Mar~ 18 1~9 pole ' ' ~wn of ~r~ Andover th~ ~tx~ ~ ; {of April A. D 1939. (b) Within on~ hundr~ f~t of ~ny { ' ~ A DUN~AM ohurch, ~ublic bufldl~, manumit ~ { ~ ~ -- feet Of ~y public park, play~ounfl or I ~ -.e~, ~ ~, ,v?~. _