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HomeMy WebLinkAbout1989-05-01THE COMMONWEALTH OF MASSACHUSETTS U.~,¢::, ~ ,:;., ,, ?;"i ,:, ,'%? DEPARTMENT OF THE ATTORNEY GENERAL .,,0F ' , .¢i,~R JOHN W. MoCORMACKSTATE OFFICE BUILDING '~US ¢12 '89 ONE ASHBURTON F,~ltCE, BOSTON 02108-1698 JAMES M. SHANNON ATTORNEY GENERAL Daniel Long Town Clerk 120 Main Street North Andover, MA 01845 July 28, 1989 Dear Mr. Long: I enclose the amendment to the general by-laws adopted under article 36, and the amendments to the zoning by-laws adopted under articles 32, 33, 38, 39, 40, 41, and 44 of the warrant for the North Andover Annual Town Meeting that convened May 1, 1989, with the approval of the Attorney General endorsed thereon, and on the zoning map pertaining to articles 38, 39, 41, and 44. The amendment to the zoning by-law adopted under article 43 is approved with the exception that paragraph (8}c. is deleted. Paragraph (8)c. would have allowed "on any lot of at ].east ten (10) acres, the keeping on any number of ani;nals or bit'ds regardless of ownership and the operation of equestrian ridin~ academies, stables, stud farms, dairy farms, and poultry bat%eries." G.L. c. 40A, § 3 states in relevant part that "no zoning...by-law shall...prohibit, unreasonably refu]ate or require a specia] permit for the use of land for- the primary purpose of agriculture...except that all such activities may be limited to parcels of more than fiv~_.a~9~ in areas not zoned for agriculture..." (emphasis added). As written paragraph {8)c. of article 43 would have been inconsistent with G.L.c. 40A, ~ 3. The town voted under article 35 to accept tile provisions of St. 1988, c. 245. The acceptance of local option legislation does not require the approval of the Attorney General. Yer.~/~truly yours, Anthon?/~. Penski Assistant Attorney General 617-727-2200 ext. Z078 AEP: kma July 28, 1989 Boston, Massachusetts Tke foregoing amendment to the zoning by-laws adopted under article 32, 33, 38, 39, 40, 41, 43, and 44 of the warrant for the North Andover Annual Town Meeting that convened May I, 1989, ape ~ereby approved. · . Article 3~. Zoning Bylaw Ragu]ariel: Chan~e - De£inition~;. To see if the Town will vote to amend and add to section 2 of the [ Zonim~ Bylaw entitled DEFINITIONS the following: Section 2 Definitions Amend the followin~ definitions: 2.22 Automobile Repair Shop A building or part of a building in which repairs are made to motor vehicles. 2.27 Building, Height "- The vertical distance measured from the lowest point of the finished grade at any location of the building to the highest point of the roof, but shall not include chimneys, spires or mechanical equipment, or penthousee used for enclosures of Mechanical equipment. 2.30.1 Driveway A way located on a lot which provides vehicular access to the buildings on the lot. Each driveway shall service not more than one lot. subject to the granting of a Special Permit from the Planning Board, a driveway may be shared by not more that two (2) lots. Each such shared driveway must be regulated by s recorded maintenance agreement running in, perpetuity with the land. 2.40 Home Occupation Any accessory use conducted within a dwelling by a resident who resides in the dwelling as his principal address, which is clearly secondary to the use of the building for living purposes. Nome occupations shall include, but not limited to the following uses; personal sez-~ices such as furnished by an artist or instructor, but not occupation involved with motor vehicle repairs, beauty parlors, animal kennels, or the conduct of retail business, or the manufacturing of goods· Retail business shall include the direct sales to the public on the premises whether by appointment or otherwise. 2.43 Lot An area of land in single or consolidated ownership which contains definite boundaries and ascertainable by a recorded deed in the Essex County Registry of Deeds office. 2.52 No Cut Zone An area which is left in its natural condition, which shall not be disturbed by any means wl~ich includes but not limited to the cutting of trees or understory. CREATE T~E FOLLOWIHG DEFINITIONS: 2.26.1 Building Coverage The horizontal ares measured within the outside of the exterior walls of the ground floor for all principal and accessory buildings on a lot. 2.34.1 Dwelling, Multiple 2.38.3 Floor Area Ratio The ratio of the floor area to the lot area, as determined by dividing the gross floor area by the lot area. · 2.61 Principal Structure. The structure on a lot of record which contains the primary use of the lot. A principal use ehall not be contained within an accessory structure as defined in this Bylaw. Planning Board Voted %0 adopt ~r%~ele Y~ 161 ~0 ~1 AS ^!'~f!P~ The nmnndzen~ neishborhood. A~T: Article 33. Zoning Bylaw Regulation Change - Exceptions. ''To sds if the Town will vote to emend Section 7.8(3) and add a new section 7.8(4) ia the Zoning Bylaw. 7.8 Exceptions Amend the foliowing: 7.S(3) As described in M.G.L. Ch. 4OA, no amendment to this Zoning Bylaw shall apply to land shown on an approved definitive subdivision plan as defined by the Subdivision Contrm! Law, for the length of time described in H.G.L. Ch. 40A. Add the following~ 7.8[4) As described in H.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall affect the use of land shown on an endorsed Approval Not Required Plan, as defined by the Subdivision Control Law, for the length of time described in M.G.L. Ch. 40A. Explanation: Remove awkward language contained in Section 7.8(3) to be consistent with State Law. Create a new Section 7.8(4) to provide a clarification of the Zoning Bylaw consistent with State Law. Planning Board VOTKI) TO ADOPT TF~ ARTICLE YF~ 179 re ~ Voted na~ ~. 1989 Article 35. Accept State Law Changes Relating to Subdivision Default Funds. To see if the Town will vote to accept the provisions of Chapter 245 of the Acts of 1988, or take any action relative thereto. The text of the law cited above is as follows: Section 81U of Chapter 41 of the General Law is hereby amended by striking out the penultimate paragraph, inserted by chapter 236 of the Acts of 1987 and inserting in place thereof the following paragraph: "In any town which accepts the provisions of this paragraph, the proceeds of any such bond or deposit shall be m~de available to the town for expenditure to meet the cost and expenses of the municipality in completing the work as specified in the approved plan. If such proceeds do not exceed one hundred thousand dollars, the expenditure may be made without specific appropriation under Section 53 of Chapter 44; provided, however, that such expendit~re is approved by the Board of Selectmen." Explanation: This law allows the Planning Board to spend sub- division performance bond money up to the amount of $iO0,000, without appropriation, from a developer who has defaulted on his/her requirement to build roadway and other improvements called for in the approved subdivision approval provided the Board of selectmen approve the transfer of money to be placed in a Towh account to finish the required work. Planning Board ~0TED ~NANIMOUS TO ADOPT ~]~ A~TICLF,. Article 38. Zoning Bylaw Regulation and llou~tdary Chal~g~ - Block ~treet. TO see if the Town will vote to amend the zoning · Bylaws and the Zoning Map to change.the zoning on the hereinafter described parcel from VC and VR to VC. The land together with the buildings thereon are located in North Andover and more particularly bounded and described as follows: Farnum Land Legal Description of VC Zone Chance South of Brook Street on Route 114 Beginning at a point on the Southeasterly side of Brook Street at the intersection with the Northeasterly side of the Salem 'Turnpike, so called, thence turning and running along the Northeasterly side of said Turnpike Street, 1807.82 feet to a point; thence turning and running northerly and then more easterly in 4 courses along a stone wall by land of Harold A. Whipple 883', 3', more or less to the csnterline of Towns Street, thence turning and running along said centerline of Towns Street 300 feet more or less to a point; thence turning and running Northwesterly on a line which is 1000' and parallel to the centerline of said Turnpike Street, 440 feet more or less to a point; thence tur~ing and running N44 degrees - 58' - 47W, 877.84 feet to a point; thence turning and running N42 degrees - 45' - 17"W, 362.59 feet to a point; thence turning and running N39 degrees - 20' - 20"W, 308.32 feet to a point; the last 3 courses being 1000 feet from and parallel to the centerline of said Turnpike Street: thence turning and running SSO degrees - 39' - 40"W, 15 feet, to a point; thence turning and running N39 degrees - 51' - 17"W, 20.65 feet to a point on the Southeasterly side of Brook Street; thence turning and running in § courses by said side o[ Brook street, 946.89 to said sideline of Turnpike Street and the point of the beginning. The land as described is more particularly shown on a plea entitled~ "Plan of Land in North Andover, MA, subdlv~ded by Benjamin G. Farnum, Scale 1" TM 100', dated May 1, 1987, prepared by Thomas E. Nave Associates, Topefield, MA, being Lots through Lots ~14 and a portion of Lot ~15. Planning Board ¥OTI~ TO ADOPT THB AR, TICnE ][F~ 15I' ~0 3b Article 39. Zoning Bylaw Regulatiom and Boundary Change- Routs 114 of Brook Street. To eea if the Town will vote to amend the Zoning Bylaws and the Zoning Map to change the zoning on the hereinafter described parcel from VC and VR to VC. The land together with the buildings thereon are located in North Andover and more Nerticularly bounded and described as follows: Beginning at a point on the Northeasterly side of Salem Turnpike and on the Northwesterly side of Brook Street; thence turning and running N 39 degrees - 20' - 20"W along the Northeasterly side of Salem Turnpike, 391.51 feet to a point; thence turning and running N 43 degrees - 24' - 42" W along said turnpike, 226.67 feet to a polntr thence turning and running N 46 degrees - 35f - 18" E along land of Boston }{ill Ski Area, Inc., 400.O0 feet to a point; thence turning and running N 43 degrees- 24' - 42" W along said ski area land to a point, thence turning and running N 75 degrees - 50' - 44 E by land of Fink 290.08' to a point, thence turning and running N 18 - 16' - 31E by land of Fink, 450.00 feet to the corner of a stone wall, thence turning and running in a Southeasterly direction in one course through land of Farnum, 9S0 feet, more or less, to a stone wall on Brook Street, thence turning and running along the Northwesterly sideline of Brook Street, 974.89 feet to the point of beginning. The Land being described is shown on, in Part om a Plan entitled "Plan cf Land in North Andover, Mass., subdivided by Benjamin Farnum," Scale 1" - 80', dated May 1, 1987, prepared by Thomas E. Nave Associates, Inc., Topsfield, MA. Planning Board VOTe) TO ADOPT THE ARTICLE Article 40. Zoning Bylaw Regulation and Boundary Change. To see if the Town will vote to amend Table 2 summary of Dimensional Regulations by inserting a new column entitled Village Commercial after the column entitled Bus. 4; and include the following oriteria under the rill comm, column: Ye Lot Area (minimum sq. ft.) Height maximum (ft.) Street frontage (minimum in ft.) Front setback (minimum in ft.) Side setback (minimum in ft.) Rear setback (minimum in ft.) Floor area ratio (maximum) Lot coverage (maximum) Dwelling Unit Density (maximum/acre) Further, add new footnotes to Table 2, delineate above changes. Explanation: The purpose is Commercial District standards. 50,000 sq. ft. 40 ft. or two stories 200 ft. 25 (2) 50 (2) N/A 25% N/A i.e. as required to to amend the existing Village Planning Board VOTED TO ADOPT THE ~TICLM AS A!!,..~TD~D YF~ 126 ~!O 5~ Ame.~haent ~ follows Under column VC Second l~ne. Chmnge. Height m~ (ft.) hO ft. or 2~ stories to read Height m~ (ft.) ~o stories not to exceed h0. ft. Voted Article 41. Zoning Bylaw Regulation and Boundary change- Farntlm Street and Brook Street. 'To see if the Town will vote te amend the Zoning Bylaws and the Zoning Map to change the zoning on the hereinafter described parcel from VC and UR to R-3. The land together with the buildings thereon ara located in North Andover and more particularly bounded and described as follows: Beginning at a point on the Northwesterly side Of Brook Street on the Southwesterly side of Farnum Street at the intersection of two stone walla; thence turning asd running S53 degrees, 36'- 14"W along the Northwesterly side of Brook STreet along a stone wall, 264.98 -feet to a point; thence turning and running S54 degrees, 20'- 39"W, aloug said side of Brook Street, 292.47 feet to a point, thence turning and running S54 degreeS, 09'- 28"W, along said side of Brook Street,. 67.55 feet to a point, thence turning and running in a northwesterly direction in one course 950 feet more or less to a · corner in a stone wall, thence turning and rushing along a stone wall by land of Thompson, in four courses, 648,98 feet to Farnum Street, thence turning and running along the Southwesterly side of Farnum Street, along a stone wall, in five courses, 862.10 feet to the point of the beginning. The land being described is shown on, in Part on a Plan entitled "Plan of Land in North Andover, Mass., subdivided by Benjamin G. Farnum", Scale 1"=80~ dated May 1, 1987, prepared by Thomas E. Nave Associates, Ino., Topsfield, MA. VOTED UNANIMOUS TO ADOPT T~IE A~TICLE. Voted M~4' 8. 1989 Planning Board Article 44. Zom~0~g Bylaw Distrlct Boundary Change: Route 114/125. To see if the Town will vote tn rezone land on .Assessors Plat #25, and amend the Zoning Map to change the zoning on the hereinafter described parcel from R-3 and I-1 to R-6. The land together with the building thereon are located in North Andover and more particularly described as follows: Beginning at the point in the southerly line of Salem Turnpike, also known as Turnpike Street, also known as Route 114, that point being the intersection with Salem Turnpike of the common boundary line of land, now or formerly, of Louis J. Kmlec, Jr., as further described in the North Essex Registry of Deeds, Book 1082, Page 25, and the lead now formerly of Leonard J. Annaloro as described in the North Essex Registry cf Deeds, Book 1232, Page 1§0: and thence running from said Point by the southerly line of Salem Turnpike in the northwesterly direction, 1,062.77 feet, thence turning and running southwesterly by the easterly line of Hillside Road, 913.19 feet: thence turning and running southerly by the easterly of the Andover By-Pass also known as Route 125, a distance of 1.275.02 feet: thence turning easterly by the southerly most line of property now of formerly of Stephen J, Bllicki, et ux, as described in the North Essex Registry of Deeds, Bock 1012, page 438, said line being in common with land, now or formerly, of the Bud Realty Trust, a distance of 662.07 feet: thence turning and running by the easterly boundary lines of said Bilicki land together with land now or formerly of Morton Margolis, described in the North Essex Registry of Deeds, Book 1849, Page 73, a distance of 549.78 feet, and continuing still further along the same course, approximately 20 feet to the center line of the discontinued and abandoned way known as Willow Street: thence turning and runnisg in several courses easterly by the center line of the said Willow Street to e point approximately twenty feet southerly of the easterly most corner of the land now or formerly of Leonard J. Annaloro, North Essex Registry of Deeds, Book 1232, Page 150: thence turning and r~nning northerly approximately 20 feet to the said corner of Annaloro and continuing by the lot line of said Annaloro that .line held in common with the land now or formerly of Louis J. Kmiao, Jr., 422.4 feet to the point of the beginning. The abeve parcel is also shown on the North Andover Assessor's Plat ~25, as parcels numbered 4,5,6,7,8,9,10,20,23,24,25,26, 34,37,~0,41,43,44,50,53 and 54. Also included in this rezoning is that portion of the discontinued and abandoned way known as Willow Street as lies between the Andover By-pass and the Willow Street extension and shown on the said assessor's Plat, that portion of the way lying between the properties now or formerly of Stamp, Mscisz, and Towle, Redman, Margolis, Annaloro and Bud Realty Trust. The purpose and intent of references to the assessor's plat being to c~re any minor discrepancies as may exist with the legal description above stated, and intending to rezone all of the parcels as shown and described with reference to the assessor's Plats. Further included in this rezontng are those portions of Salem Turnpike, Hillside Road and the Andover By-pass upon which the property fronts to the center line of said streets. Planning Board VOTED UHAI{II,'.0U~ T0 ADOPT T~E lqTICL~ Ye%ed ll~y 8, 1989 Art~¢le 43. Zoning Change. Residence 6 District. To see if the Town will vote to emend the Zoning Bylaws so as to create a new Residential District, R-6, and amend the Summary Dimensional Tahl~ as follows= Residence 6 District. (2; (4) (5) Single Family residential structures. Two family residential structures. Multi family residential structures, not ex=eeding 7 dwelling units per structure. Place of worship. Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in a dwelling so used, provided there be no advertising on such dwelling or its lot other than a name plats or sign not to exceed six (6) inches by twenty four (24) inches in size, and further provided that no dwelling shall he erected or altered primarily for such (6) For the use of a dwelling in any residential district or multi-family district for a home occupation, the following conditions shall apply: a. Not more than three (3) people may be employed in the home occupation, one of whom shall be owner of the home occupation and residing in said dwelling. h. The use is carried on strictly within the principal building. c. There shall be no exterior alterations, accessory building, or display which are not customary with residential buildings. (7) Not more than twenty-five (25) percent of the exist£ng gross floor area of the dwelling unit so used, not to exceed one thousand (1000) square feet, is devoted to such use. In connection with kept no stock in trade, which occupy ~pace beyond such use, there is to be commodities, or products these limits. e. There ~[ll be no display of goods o~ wares visible from the street. f. The building or premises occsp~ed shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the e~terior appearance, emissions of odor, gas, smoke, dust, noise, disturbances, or in any way become objectionable or detrimental to any residential usa within the neighborhood. g. Any such building shall include ns feature of design not customary in buildings for residential use. Real estate signs not to exceed twenty four (24) inches by thirty six (36) inches in size which shall advertise only the rental, lease, or sale cf the premises upon which they are placed. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. h. On any lot of at least three (3) acres, the keeping cf a total of not more than three (3) of any kind or assortment cf animals or birds in addition to the household pets of a family living on such let, and for each additional acre of lot size to nine (9) acres, the keeping of ene additional animal or birds; but not the keeping of any animals, birds, or pets of persons not a resident of such lot. C. On any lot of at least ten (10) acres the keeping of any number of animals or birds regardless of Ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and ;sultry batteries. d. The sale of products raised as a result o£ the aboUe uses on the subject land. Swimming pools in excess of two (2) feet deep shell be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four {4) feet in height to be determined by the Building Inspector to prevent the entrance of persons other than (10) (14) (la) (20) (21) those residing at the pools location. Pools shall have a minimum of a ten (10) foot set back from rear and side lot lines and be located no nearer the street than the building line ef the dwelling, except by Special Permit. Museums. Educational facilities. MUnicipal building a,d public service corporation use (Special Permit required). Golf course. Swimming and/or tennis clubs shall be permitted with Special Permit. Cemetery. One or two family dwellings, including the right to convert an existing dwelling to accommodate not more than seven family units by Special Permit from the Zoning Board Of Appeals after a public hearing with due notice given, provided: e. No major exterior structural changes shall be made. The right to convert shall apply to any dwelling under the ownership of one single person, partner- ship, or corporation to be converted for use as dwelling of not more than ~even (7) family units, and meeting all requirement~ of the State and Town Statutes and Bylaws, including Health codes, Safety Codes, Building Codes, Zoning Laws and zoning Bylaws. b. Stairways leading to the second or any higher floor shall be enclosed. Municipal recreation areas. Guest or rooming houses. Nursing and convalescent homes - see dimensional require- ments of Table 2 (Special Permit Required}. Any accessory buildings larger than sixty-four square feet shall have a minimum five (5) foot setback from the side and rear lot lines and shall be located no nearer to the street than the building line of the dwelling. Day care center by Special permit. The following Commercial Business to be allowed only by Special Permit, the permit granting authority shall be the Planning Board. (1) Retail stores, salerooms, funeral parlors, showrooms or places for any professional artistic or mercantile activity, not involving automotive sales, manufacturing or service also retail bakeries or confectioneries Dy Special Permit. {2} Banks, :offices and municipal, civic or public service buildings, such as post offices, telephone exchanges, town offices, school library, local passenger station by Special Permit. (3) Mall, club, theatre, or other place of assembly by Special Permit. (4) Restaurant, dining room or lunch room by Special Permit. (5) Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood by Special Permit. SUMMARY OF DIMENSIONAL REQUIREMENTS (Supplement of Res. 6 district} Lot-Area Min. S.F. --- 130,S80 (3 acres) Height Max. --- 35 feet St. Front Min. Ft. ~-- 150' {13) Front Setback -~- 25 feet Side Setback -- 15 feet Setback --- 30 feet Floor area ratio-Max. --- 0.25:1 (15) Lot cover. Max. --- 20% Dwelling Unit Density Max/Acre. --- g/acre Planning Board ¥OTFD U~ANIIIOU8 TO ~.DOPT .~-~.~PD]~. ~tem {~) D~lete in its entirety Voted X~ 8, 1989 THE COMMONWEALTH OF MASSACHUSETTS ', 7; "'j ~; ,'",,'~ DEPARTMENT OF THE ATTORNEY GENERAL .',O~ f' , .0i,~.~ Jori. Moco..AcK S.^TE OFF,CE.U, .N AS.SU. ON JAMES M. ATTORNE SHANNON r GENERAL )aniel Long ?own Clerk L20 Main Street Iorth Andover, MA 01845 July 28, 1989 Dear Mr. Long: I enclose the amendment to the general by-laws adopted under &rticie 36, and the amendments to ttle zoning by-laws adopted under articles 32, 33, 38, 39, 40, 41, and 44 of the warrant for the North Andover Annual Town Meeting that convened May 1, 1989, ~ith the approval of the Attorney General endorsed thereon, and en the zoning map pertaining to articles 38, 39, 41, and 44. The amendment to the zoning by-law adopted under article 43 is approved with the exception that paragraph (8)c. is deleted. r Paragraph (8)c. would have allowed "on any lot of at ].east ten (10) acres, the keeping on any number of animals or birdm regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries." G.L. c. 40A, § 3 states i.n relevant part that "no ~oning...by-law shall...prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture...except that all such activities may be limited to parcels of more than five acres in areas not zoned for asriculture..." (emphasis added). As written paraRraph {8)c. of &rticle 43 would have been inconsistent with G.L. c. 40A, ~ 3. The town voted under article 35 to accept the provisions of $%. 1988, c. 245. The acceptance of local option legislation does not require the approval of the Attorney General. Very truly yours, Ant hon?/~[~. Penski Assis[ant Attorl~ey General 617-727-2200 ext. 2078 AEP:kma July 28, 1989 BOston, Massachusetts The foregoing amendment to the zonin~ by-laws adopted under article 32, 33, 38, 39, 40~ 41, 43, and 44 of the warrant fo~ the North Andover Annual Town Meetin~ that convened May 1, 1989 are hgreby approved. ' ~GENERAL Article 32. Zoning bylaw ReguJ. atio~ (:]l.~Ilg~ - De£inltiou:;. To see if the Town will vote to amend and add to Section 2 of the Zoni~] Bylaw entitled DEFINITIONS the following: Section 2 Definitions. Amend the following definitions: 2.22 Automobile Repair Shop A building or part of a building in which repairs are made to motor vehicles. 2.27 Building, Height "- The vertical distance measured from the lowest point of the finished grade at any location of the building to the highest point of the roof, but shall not include chimneys, spires or mechanical equipment, or penthouses used for enclosures of mechanical equipment. 2.30.1 Driveway A way located on a lot which provides vehicular access to the buildings on the lot. Each driveway shall service not more than one lot. Subject to the granting of a Speclal Permlt from the Planning Board, a driveway may be shared by not more that two (2} lots. Each such shared driveway must be regulated by a recorded maintenance agreement running in, perpetuity with the land. 2.40 Home Occupation Any accessory use conducted within a dwelling by a resident who resides in the dwelling es his principal address, which is clearly secondary to the use of the building for living purposes. Home occupations shall include, but not limited to the following uses; personal se~-vlces such as furnished by an artist or instructor, but not occupation involved with motor vehicle repairs, beauty parlors, animal kennels, or the conduct of retail business, or the manufacturing of goods. Retail business shall include the direct sale~ to the public on the premises whether by appointment or otherwise. 2.43 Lot An area of land'in single er consolidated ownership which contains definite boundaries and ascertainable by a recorded deed in the Essex county Registry of Deeds office. 2.52 No Cut Zone An area which is left fn its natural condition, which shall not be disturbed by any meam~s which includem but not limited to the cutting of trees or understory. CREATE THE FOLLOWING DEFINITIONS: 2.2S.1 Building Coverage The horizontal area measured within the outside of the exterior walls of the ground floor for all principal and accessory buildings on a lot. 2.34.1 Dwelllng, Multiple 2.38.3 Floor Area Ratio The ratio of the floor area to the lot area, as dete~ined bF dividing the gross floor area by the lot area. · 2.61 Principal Structure. The structure on a lot of record which contains the primary uss of the lot. A principal use shall not be contained within an accessory structure as defined in this Bylaw. planning Board ATTF~Tm · - . .'. ~:~ ~OWR CL&~K~ Article 33. Zoning Bylaw Regulation Change - Exceptions. ~'To s~e if the Town will vote to amend Section 7.8(3) and add a new Section 7.8(4) in the Zoning Bylaw. 7.8 Exceptions Amend the following: 7.s(3) As described in M.G.L. Ch. 4OA, no amendment to this Zoning Bylaw shall apply to land shown on an approved definitive subdivision plan es defined by the Subdivision Control Law, for the length of time described in M.G.L. Ch. 40A. Add the following: 7.8(4) As described in M.G.L. Ch. 4CA, no amendment to this Zoning Bylaw shall affect the use of land shown on an endorsed Approval Not Required Plan, as defined by the subdivision Control Law, for the length of time described in ~.~.L. Ch. 40A. Explanation: Remove awkward language contained in Section 7.8(3) to be consistent with State Law. Create a new Section 7.8(4) to provide a clarification of the Zoning Bylaw consistent with State Law. Planning Board V0TFD ~ ADOPT THE ARTICLE YF~ 179 r0 ~ Voted ~y ~, 1789 Article 35. Accept State Law Changes Relating to SL~bdivisicn Default Funds. To see if the Town will vote to accept the provisions of Chapter 245 of the Acts cf 1988, or take any action relative thereto. The text cf the law cited above is as follows: Section 81U of Chapter 41 of the General Law is hereby amended by striking out the penultimate paragrapb, inserted by chapter 236 of the Acts cf 1987 and inserting in place thereof the following paragraph: "In any town which accepts the provisions of this paragraph, the · proceeds of any such bond or deposit shall be made available to the town for expenditure to meet the cost and expenses of the municipality in completing the work as specified in tile approved plan. If such proceeds do not exceed one hundred thousand dollars, the expenditure may be mad8 without specific appropriation under Section 53 of Chapter 44; provided, however, that such expenditure is approved by the Board of Selectmen." Explanation: This law allows the Planning Board to spend sub- division performance bond money up to the amount of $100,000, without appropriation, from a developer who has defaulted on his/her recp/irement to build roadway and other improvements called for in the approved subdivision approval provided the ~oard of Selectme~ approve the transfer of money to be placed in a Tow~ account to finish the required work. Planning Board VOTED b'I~D~OUS TO ADOPT T~E ARTICLE. Vot,d ;!.~y I~, Article 38. Zoning Bylaw Regulation and boundary Change - Brook ~treet. To see if the Town will vote to emend the zoning · Bylaws and the Zoning Map to change the zoning on the hereinafter described parcel from VC and VR to VC. The land together with the buildings thereon are located in North Andover and more particularly bounded and described as follows: Farnum Land Legal Description of VC Zone Change South of Brook Street on Route 114 Beginning at a point on the Southeasterly side of Brook Street at the iatsrsection with the Northeasterly side of the Salem 'Turnpike, so called, thence turning and running along the Northeasterly side of said Turnpike Street, 1S07.62 feet to s point; thence turning and running northerly and then more easterly in 4 courses along a stone wall by land of Harold A. Whipple 883', 3', more or less to the centerltne of Towne Street, thence turning and running along said centerline of Towne Street 300 feet more or less to a point; thence turning and running Northwesterly on a line which is 1000' and parallel to the centerline of said Turnpike Street, 44S feet more or less to a point; thence turning and running N44 degrees - 58' - 47W, 877.84 feet to a point; thence turning and running N42 degrees - 45' - 17"W, 362.59 feet to a @ointr thence turning and running N39 degrees - 20' - 20"W, 308.32 feet to a point; the last 3 courses being 1000 feet from and parallel to the Centerline of said Turnpike Street; thence turning and running S50 degrees - 39' - 40"W, 15 feet, to a point; thence turning and running N39 degrees - 51' - i?"W, 20.65 feet to a point on the Southeasterly side of Brook Street; thence turning and running in § courses by said side of Brook Street, 946.89 to said sideline of Turnpike Street and the point of the beginning. The land as described is more particularly shown on a plan entitled, "Plan of Land in North Andover, MA, subdivided by Benjamin G. Farnum, Scale 1" ~ 100', dated May 1, 1987, prepared by Thomas E. Neve Associates, Topefield, MA, being Lots il through L~ts ~14 and a portion of Lot ~15. Plannlng Board VOT~D TO ADOPT T~E A~,TICLE YF~ l~h ;!O 3h Vote4 ;ia~ 8, 1989 Article 39. Zoning Bylaw Regulation and Boundary Change- Route 114 of Brook Street. To see if the Town will vote to amend the Zoning Bylaws and the Zoning Map to change the zoning on the hereinafter described parcel frem VC and VR to VC. Tile land together with the buildings thereon are located in North Andover and more particularly bounded and described as follows: Beginning at a point om the Northeasterly side of salem Turnpike and on the Northwesterly side cf Brook Streetr thence turning and running N 39 degrees - 20' - 20"W along the Northeasterly side of Salem Turnpike, 391.B1 feet to a point; thence turning and running N 43 degrees - 24' - 42" W along said turnpike, 226.67 feet to a point; thence turning and running N 46 degrees - 35' - 18" B along land of Boston Hill Ski Area, Inc., 400.00 feet to a point; thence turning and running N 43 degrees- 24' - 42" W along said ski area land to a point, thence turning and running N 7~ degrees - S0' - 44 E by land of Fink 29~.08' to a point, thence turning and running N lS - 16' - 3lB by laud of Fink, 450.00 feet tc the corner cf a stone wall, thence turning and running in a Southeasterly direction in one course through land of Farnum, 9S0 feet, more or less, to a stone wall on Brook Street, thence turning and running along the Northwesterly sideline of Brook Street, 974.89 feet to the point of beginning. The Land being described is shown on, in Part on a Plan entitled "Plan of Land ~n North Andover, Mass., subdivided by Benjamin G. Farnum," Scale 1" ~ 80', dated May 1, 1987, prepared by Thomas Neve Associates, Inc., Topsfield, MA. Planning Board VOTED TO ADOPT T~R ARTICLE 4 Article 40. Zoning Bylaw Regulation and Boundary Change. To see if the Town will vote to amend Table 2 Summary of Dimensional Regulations by inserting a new column entitled Village Commercial after the column entitled Bus. 4; and include the following criteria under the vlll Comm. column: VC Lot Area (minimum sq. ft.) 50,000 sq. ft. Height maximum (ft.) 40 ft. or two stories Street frontage (minimum in ft.) 200 ft. Front setback (minimum in ft.) 25 Side setback (minimum in ft.) 25 (2) Rear setback (minimum in ft.) 50 (2) Floor area ratio (maximum) N/A Lot coverage (maximum) 25% Dwelling Unit Density (maximum/acrs) N/A Further, add new footnotes to Table 2, i.e. as required to delineate above changes. Explanation: The purpose is to amend the existing Village Commercial District standards. Planning Board VOTED TO ADOPT THE ARTICLE AS A!!.-~WDED YFS 126 t!0 ]~ Amendment ns follows I/ll(ler column %'~ 8ecoll(l lille. Chane, e. ~elzht m~xim~ (f%.) ~0 ft. or %so stories 20 Height maxhuum [ft.} Tvo ~tories not to execs4 ~0. ft. Article 41. Zoning Bylaw Regulation and Boundary change- Farn~m Street and Brook street. 'To see if the Town will vote to amend the Zoning Bylaws and the Zoning Map to change the zoning on the hereinafter described parcel from VC and VR to R-3. The land together with the buildings thereon are located in North Andover and more particularly bounded and described as follows: Beginning at a point on the Northwesterly side of Brook Street on the Southwesterly side of Farnum Street at the intersection of two stone walls; thence turning and running S53 degrees, 36~- 14"W along the Northwesterly side of Brook STreet aloog a stone wall, 264.98 · feet to a point; thence turning and running S54 degrees, 20'- 39"W, along said side of Brook Street, 292.47 feet to a point, thence turning and running S54 degrees, 09'- 28"W, along enid side of Brook Street,. 67.55 feet to a point, thence turning and running in a northwesterly directicm in one course 950 feet more or less to a · corner in a stone wall, thence turning and running along a stone wall by land of Thompson, in four courses, 640,98 feet to Farnum Street, thence turning and running along the Southwesterly side of Farnum Street, along a stone wall, in five courses, 862.10 feet to the point of the beginning. The land being described is shown on, in Part on a Plan entitled "Plan of Land in North Andover, Mass., subdivided by Benjamin G. Farnum", scale 1"=80', dated May 1, 1987, prepared by Thomas E. Neve Associates, Inc., Topsfield, MA. Planning Board VOTF~UNANINOUSTOADOPTT;I~ARTICL~. Voted ~l~y 8, 1989 Article 44. Zoning Bylaw District Boundary Change: Route 114/125. To see if the Town will vote to rszone land on .Assessors Plat #2~, and emend the Zoning Map to chenge the zoning on the hereinafter described parcel from R-3 and I-1 to R-6. The land together with the building thereon are located in North Andover and mere particularly described as follows: Beginning at the peint in the southerly line cf Salem Turnpike, also known as Turnpike Street, also known as Route 114, that point being the intersection with Salem Turnpike of the common boundary line of lend, now or formerly, of Louis J. Kmiec, Jr., as further described in the North Essex Registry of Deeds, Book 1082, Page 2§, and the land now formerly of Leonard J. Annaloro as described in the North Essex Registry of Deeds, Book 1232, Page 150: and thence Xxlnning from said Point by the southerly line of Salem Turnpike in the northwesterly direction, 1,062.77 feet, thence turning and running southwesterly by the easterly line of Hillside Road, 913.19 feet: thence turning and running southerly by the easterly of the Andover By-Pass also known as Route 125, a distance of 1.27§.02 feet: thence turning easterly by the southerly most line of property now of formerly of Stephen J. Bilicki, et ux, es described in the North Essex Registry of Deeds, Hook lSl2, page 438, said line being in common with land, now or formerly, of the Bud Realty Trust, a distance of 662.07 feet: thence turning and running by the easterly boundary lines of said Bilicki lend together with land now or formerly of Morton Margolis, described in the North Essex Registry of Deeds, Book 1849, Page 73, a distance of 549.78 feet, and continuing still further aleng the same course, approximately 20 feet to the center line of the discontinued and abandoned way known as Willow Street: thence turning and running in several courses easterly by the center line of the said Willow Street to a point approximately twenty feet southerly of the easterly most corner of the land now or formerly of Leonard J. Annaloro, North Essex Registry of Deeds, Book 1232, Page 150: thence turning and running northerly approximately 20 feet to the said corner of Annaloro and continuing by the lot line of said Annaloro that .line held in common with the land now or formerly of Louis J. l~imc, Jr., 422.4 feet to the point of the beginning. The' shove parcel is also shown on the North Andover Assessor's Plat J2§, as parcels numbered 4,5,6,7,8,9,10,20,23,24,25,26, $4,37,~_0,41,43,44,50,53 and 54. Also included in this rezening is that portion of the discontinued and ebandoned way known as Willow Street as lies between the Andover By-pass and the Willow Street extension and shown on the said assessor's Plat, that portion of the way lying between the properties now or formerly of Stamp, Mscisz, end Tewle, Redman, Margolis, Annaloro and Bud Realty Trust. The purpose and intent of references to the assessor's plat being te cure any minor discrepancies as may exist with the legal description ebove stated, and intending to rezone all of the parcels as shown and described with reference to the assessor's Plats. Further included in this rezonlng are those portions of Salem Turnpike, Hillside Road and the Andover By-pass upon which the property fronts to the center line of said streets. Planning Board Vo%e4 I1~8, 1989 .1 Article 43. Zoning Change. Residence 6 District. To see if the Town will vote to amend the Zoning Bylaws so as to create a new Residential District, R-6, and amend the Summary Dimeasional Tabl~ as follows: Residence 6 District. (3) (4) (5) Single Family residential structures. Two family residential structures. Multi family residential structures, not exceeding 7 dwelling ~nits per structure. ~lace of worship. Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in a dwelling so used, provided there be no advertising on such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such USS. For the use of a dwelling in any residential district or multi-family district far a home occupation, the following conditions shall apply: a. Not more than three (3) people may be employed in the home occupation, cna ef whom shall he owear of the home occupation and residing in said dwelling. h. The use is carried on strictly within the principal building. c. There shall be no exterior alterations, accessory building~ or display which are not customary with rasidential buildings. (9) d. Not more than twenty-five (25) percent of the · .existing gross floor area of the dwelling unit so used, not to exceed one thousand (1000} square feet, ia devoted to such use. In connection with such use, there is to be kept no stock in trade, commodities, or products which occupy s~ace beyond these limits. e. There will be no display of goods o~ wares visible from the street. f. The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emissions of odor, gas, smoke, dust, noiset disturbances, or in any way become objectionable or detrimental to any residential use within the neighborhood. g. Any such building shall include no feature of design not customary in buildings for residential use. Real estate signs not to exceed twenty four (24) inches by thirty six (36) inches in size which shall advertise only the rental, lease, or sale of the premises upon which they are placed. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b. On any lot of at least three (3) acres, the keeping of a total cf not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or birds; but not the keeping of any animals, birds, or pets of persons not a resident of such lot. c. On any lot Of at least ten (10) acres the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d. The sale of products raised as a result of the above uses on the subject land. Swimming pools in excess of two (2) feet deep shall considersd a str~cture and permitted provided they are enclosed by a suitable wall er fence at least four feet in height to be determined by the Building Inspector to prevent the entrance of persons other than (zz) (17) : (is) (2%) those residing at the pools location. Pools shall have a minimum of a ten (10) foot set back from rear and side lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. Educational facilities. Municipal building and public service corporation use (Special Permit required). Golf course. Swimming end/or tennis clubs shall be permitted with Special Permit. Cemetery. One or two family dwellings, including the right to convert an existing dwelling to accommodate not more than seven family units by Special Permit from the Zoning Board Of Appeals after a public hearing with due notice given, provided: a. No ma~or exterior structural changes shell be made. The right to convert shall apply to any dwelling under the ownership of one single person, partner- ship, or corporation to be converted for use as dwelling of not more than seven (7) family units, and meeting all requirements of the State and Town Statutem and Bylaws, including Health Codes, Safety Codes, Building Codes, zoning Laws and Zoning Bylaws. b. Stairways leading to the second or any higher floor shall be enclosed. Municipal recreation areas. Guest or rooming houses. Nursing and convalescent homes - see dimensional require- ments Of Table 2 (Special permit Required). Any accessory buildings larger than sixty-four (64} square feet shall have a mieimum five (5) foot setback from the side and rear lot lines and shall be locuted no nearer to ~he street than the building line of the dwelling. Oay care center by Special Permit. The following Commercial Business to be allowed only by Special Permit, the permit granting authority shall be the Planning Board. (1) Retail stores, salerooms, funeral parlors, showrooms or places for any professional artistic or mercantile activity, not involving automotive sales, manufacturing or service alSO retail bakeries or confectioneries by Special Permit. (2) Banks, ;offices and municipal, civic or public service buildings, such as post offices, telephone exchanges, town offices, school library, local passenger station by Special Permit. (3) Hall, club, theatre, or other place of assembly by Special Permit. (4) Restaurant, dining room or lunch room by Special Permit. (5) Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood by Special Permit. SUMMARY OF DIMENSIONAL REQUIREMENTS (Supplement of Res. 6 district) Lot-Area Min. S.F. --, 130,680 (3 acres) Height Max. --- 35 feet St. Front Min. Ft. --- 150' (13) Front Setback --- 25 feet Side Setback -- 15 feet Setback --- 30 feet Floor area ratio-Max. --- 0.25:1 Lot cover. Max. --- 20% Dwelling Unit Density Max/Acre. --- S/acre (12) Planning Board ¥0TED I~ADIIIOU8 TO ADOPT A~ ~4.'~DED, Ap~en~ent b,in~. Item (3) D~l~te in ~s ~ntir~t~ It~ (~) Dele%e %he word Rest~uran~ and b~fn %1,. ~nt~nce with Pinb~ I THE COMMONWEALTH OF M '" '".' ASSACHUSETTS D~ , DEPARTMENT OF THE ATTORNEY GENERAL . Oft :',' ONE ASHBURTON PLACE, BOSTON 02108-1698 JAMES M. SHANNON ATTORNEY G ENIEP~.L Daniel Long Town Clerk lZ0 Main Street North Andover, MA 01845 July 28, 1989 Dear Mr. Long: I enclose the amendment to the general by-laws adopted under article 36, and the amendments to the zoning by-laws adopted u~der articles 32, 33, 38, 39, 40, 41, and 44 of the warrant for ~he North Andover Annual Town Meeting that convened May 1, 1989, With the approval of the Attorney General endorsed thereon, and on the zoning map pertaining to articles 38, 39, 41, and 44. The amendment to the zoning by-law adopted under article 43 is approved with the exception that paragraph (8)c. is deleted. Paragraph (8~c. would have allowed "on any lot of at ].east %em (10) acres, the keeping on any number of animals or bird~ regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries." G.L, c. 40A, § 3 states in relevant part that "no koning...by-law shall...prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture...except that all such activities may be limited to parcels of more than five acres in areas not zoned for ~agriculture..." (emphasis added). As written paragraph (Stc.~ of :article 43 would have been inconsistent with G.L, c. 4UA, § 3. The town voted under article 35 to accept the provisions of :St. 1988, c. 245. The acceptance of local option legislation does not require the approval of the Attorney General. Very truly yours, Antbon/~,,. Penski Assisi:ant Attorney General 617-727-2200 ext. 2078 AEP:kma July 28, 1989 BoSton, Massachusetts The, foregoing amendment to the zoning by-laws adopted ~mder article 32, 33, 38, 39, 40, 41, 43, and 44 of the warrant for the North Andover Annual Town ~eeting that convened ~a¥ 1, 1989 are hereby approved. ' ~O~R~¢~. GENERAl* L~~ ~rticle J~. Zoning Bylaw RegulatJol, Change - De££ultioIl::. To see if the Town will vote to amend and add to Section 2 of the Zoni~] Bylaw entitled DEFINITIONS the following: Section 2 Definitions Amend the followin~ definitions: 2.22 Automobile Repair Shop A building or part cf a building in which repairs are made to motor vehicles. 2.27 Building, Height The vertical distance measured from the lowest point of the finished grade at any location of the building to the highest point of the roof, hut shall not include chimneys, spires or mechanical equipment, or penthouses used for enclosures of mechanical equipment. Driveway A way located on a lot which provides vehicular access to the buildings on the lot. Each driveway shall service not more than one lot. subject to the granting of a Special permit from the Planning Board, a driveway may be shared by not more that two (2) lots. Each such shared driveway must be regulated by a recorded maintenance agreement running !' in. perpetuity with the land. 2.40 Home Occupation Any accessory use conducted within s dwelling by a resident who resides in the dwelling as his principal address, which is clearly secondary to the use of the building for living purposes. Home occupations shall include, but not limited to the following uses; personal services such as furnished by an artist or instructor, but not occupation involved with motor vehicle repairs, beauty parlors, animal kennels, or the conduct of retail business, or the manufacturing of goods. Retail business shall include the direct sales to the public on the premises whether by appointment or otherwise. 2.43 Lot An aras of land'in single or consolidated ownership which contains definite boundaries and ascertainable by a recorded deed in the Essex County Registry of Deeds Office. 2.52 No CUt Zone An area which is left in its natural cendition, which shall not be disturbed by any means which includes but not limited to the cutting of trees or understory. CREATE THE FOLLOWING DEFINITIONS: 2.26.1 Building coverage The horizontal area measured within the outside ef the exterior walls of the ground floor for all principal end accessory buildings on a lot. 2.34.1 Dwelling, Multiple ~.3S.~ Floor Area Ratio The ratio of the floor area to the lot area, as determined by dividing the gross floor area by the lot area. · 2.61 Principal Struoture. The structure on a lot of record which contains the primary use of the lot. A principal use shall not be contained within an accessory structure as defined in this Bylaw. planning Board ~e~hborhood. A~T~ 2.30.1 Article 33. Zoning Bylaw Rugulation change - Exc~ptlons. -'To see if the Town will vote to amend Section 7.8(3) aod add a new Section 7.8(4) in the Zoning Bylaw. 7.8 Exceptions Amend the foliewing: 7.8(3) AS described in M,G.L. Ch. 40A, no amendment to this Zoning Bylaw shall apply to land shown on an approved definitive subdivision plan as defined by the Subdivision Control Law, for the length of time described in M.G.L. Ch. 40A. Add the following: 7.8(4} As described in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall affect the u~e of land shown on an endorsed Approval Not Required Plan, as defined by the Subdivision Control Law, for the length of time described in M.G.L. Ch. 40A. Explanation: Remove awkward language contained in Section 7.8(3) to be consistent with State Law. Create a new Section 7.8(4) to provide a clarification of the Zoning Bylaw consistent with state Law. Planning Board ¥OT~) TO ADOPT THE ARTICLE Y~ 179 l'O ~ Voted ]T~.y ~, 1789 Article 35. Accept State Law Changes Relating to Subdivision Default F~nds. To see if the Town will vats to accept the provisions of Chapter 245 of the Acts of 1988, or take any action relative thereto. The text of the law cited above is as follows: Section 81U of Chapter 41 of the General Law is hereby amended by striking out the penultimate paragraph, inserted by Chapter 236 of the Acts of 1987 and inserting in place thereof the following para~raph~ "In any town which accepts the provi~ion~ of this paragraph, the proceeds of any such bond or deposit shall be made available to the tewn for expenditure to meet the cost and expenses of the municipality in completing the work as speclZied in the approved plan. If such proceeds do not exceed one hundred thousand dollars, the expenditure may be mad~ without ~pecific appropriation under Section §3 of Chapter 44; provided, however, that such expenditure is approved by the Board of Selectmen." Explanation: This law allows the Planning Board to spend sub- division performance bond money up to the amount of $100,000, without appropriation, from a developer who has defaulted on his/her rec~irement to build roadway and other improvements called for in the approved subdivision approval provided the Board of Selectmen approve the transfer of money to be placed in a Town account to finish the required work. Planning Board ¥OT~D UNAN~DU~ TO ADOPT THE ARTICLE. 8~ok ~treet. To see if the Town will vote to amend the zoning · Bylaws and the Zoning Map to change the zoning on the hereinafter described parcel from VC and VR to VC. The land together with the buildings thereon are located in North Andover and more particularly bounded and' described ss follows: .{ Farnum Land Legal Description of VC Zone Chance South of Brook Street on Route 114 Beginning at a point on the Southeasterly side of Srook Street at the intersection with the Northeasterly side of the Salem 'Turnpike, so called, thence turning and running along the Northeasterly side of said Turnpike Street, 1807.62 feet to a point; , thence turning and running northerly and then more easterly in 4 courses along a stone wall by land of Narold A. Whipple 883', 3', more o= less to the centerltne of Towns Street, thence turning and running along said centerline of Towns Street 300 feet more or less to a point; thence turning and running Northwesterly on a line which is 1000' and parallel to the centarline of said Turnpike Street, 440 feet more or less to a point; thence turning and r~nning N44 degrees - 58' - 47W, 877.84 feet to a point; thence turning and running N42 degrees - 45' - 17"W, 362.59 feet to a point~ thence turning and running N39 degrees - 20' - 20"W, 308.32 feet to a point; the last 3 courses being 1000 feet from and parallel to the centerline of said Turnpike Street; thence t~rning and running SS0 degrees - 39' - 40"W, 15 feet, to thence turning and running N39 degrees - 51' - 17"W, 20.65 feet tO a ~oint on the Southeasterly side of Brook Street; thence turning and running in 5 courses by said s~de of Brock Street, 946.89 to said sideline of Turnpike Street and the point of the beginning. The land as described is more particularly shown on a plan entitled, "Plan of Land in North Andover, MA, s,bdiv[d~d by Benjamin G. Farnum, Scale 1" ~ 100', dated May 1, 1987, prepared by Thomas E. Nave Associates, Topsfield, MA, being Lots through Lots #14 and a portion of Lot #15. Planning Board VOT~)TOADOPTTliEAII, TICLE Voted May 8, 1989 ~rticle 39. Zoning Bylaw Regulation and Boundary Change- Route 114 of Brook Street. To nee if the Town will vote to amend the Zoning Sylawa and the Zoning Map to change the zoning on the hereinafter described parcel from Vc and VR to VC. The land together with the buildings thereon are located in North Andover and more particularly hounded and described am follows: Beginning at a point on the Northeasterly side of Salem Turnpike and on the Northwesterly side of Brook Street; thence turning and running N 39 degrees - 20' - 20"W along the Northeasterly side of salem Turnpike, 391.51 feet to a point; thence turning and running N 43 degrees - 24' - 42" W along said turnpike, 226.67 feet to a point; thence turning and running N 46 degrees - 35' - 18" E along land of Boston Hill Ski Area, Io~., 400.00 feet to a point; thence turning and running N 43 degrees- 24' - 42" W along said ski area land to a point, thence turning and running N 75 degrees - 50' - 44 E by land of Fink 290.08' to a point, thence turning and running N 18 - 16~ - 3ZE by land of Fink, 450.00 feet to the corner of a stone wall, thence turning and running in a Southeasterly direction in one course through land of Farnum, 950 feet, more or less, to a stone wall on Brook Street, thence turning and running along the Northwesterly sideline of Brook Street, 974.89 feet to the point of beginning. The Land being described is shown on, in Part on a Plan entitled "Plan of Land in North Andever, Mass., subdivided by Benjamin G. Farnum," Scale 1" - 80', dated Nay 1, 1987, prepared by Thomas E. Neve Associates, Inc., Topsfield, MA. Planning Board VOTED TO ADOPT T~. Article 40. Zoning Bylaw Regulation and Boundary Change. To see if the Town will vets to amend Table 2 Summary of Dimensional Regulations by inserting a new column entitled Village Commercial after the column entitled Bus. 4; and include the following criteria under the Vtll Comm. column: vc Lot Area (minimum sq. ft.) 50,0oo sq. ft. Height maximum (ft.} 40 ft. or two stories Street frontage (minimum in ft.) 200 ft. Front setback (minimum in ft.} 25 Side setback (minimum in ft.) 25 (2) Rear setback (minimum in ft.) 50 (2) Floor area ratio (maximum) N/A Lot coverage (maximum) 25% Dwelling Unit Density (maximum/acre) N/A Further, add new footnotes to Table 2, i.e. as required to delineate above changes. Explanation: The purpose is to amend the existing Village Commercial Oistrict standards. Planning Board VOTE'D ~ AIX)~ TNH ARTICLE AS A!!M."D'~"J3' y~ 126 ~.0 ~ Anendm,,% ,~- follows Under eoltmut VC Second line. Change. Height m~ximum (ft.) ~0 ft. or two stories %0 rend He.hr maxh~um (ft.} Tvo stories not to .×e~4 hO. ft. Article 41. Zoning Bylaw Regulation and Boundary change- Farnum Street and Brook Street. To see if the Town will vote to amend the Zoning Bylaws and the Zoning Map to change the zoning on the hereinafter described parcel from VC and VR to R-3. The land together with the buildings thereon are located in North Andover and more particularly bounded and described as follows: Beginning at a point on the Northwesterly side of Brook Street on the Southwesterly side of Farnum Street at the intersection of two stone walls; thence turning and running S53 degrees, 36'- 14"W along the Northwesterly side of Brook STreet along a stone well, 264.98 feet to a point; thence turning and running S54 degrees, 20'- 39"W, along said side of Brook Street, 292.47 feet to a point, thence turning and running S54 degrees, 09'- 28"W, along eaid side of Brook Street,. 67.55 feet to a point, thence turning and running in a northwesterly direction in one course 950 feet more or less to a corner in a stone wall, thence turning and running along e stone wall by land of Thompson, in four courses, 640,98 feet to Farnum Street, thence turning and running along the Southwesterly side of Farnum Street, along a stone well, in five courses, 862.10 feet to the point of the beginning. The land being described is shown on, in Part on e Plan entitled "Plan of Land in North Andover, Mass., subdivided by Benjamin G. Farnum", Scale 1"=80't dated May 1, 1987, prepared by Thomas E. Nave Associates, Inc., Topsfield, MA. ¥OTFD U~ANINOUS TO ADOPT THE ARTICLE. Voted tiny 8. 1989 Planning Board Article 44. Z6ning Bylaw District Boundary Change: Route 114/125. To see if the Town will vote to rezone land on Assessors Plat #2§, and amend the Zoning Map to change the zoning on the hereinafter described parcel from R-3 and I-1 to R-6. The land together with the building thereon are located in North Andover and more particularly described as follows: Beginning at the point in the southerly line of Salem Turnpike, also k~own as Turnpike Street, also known as Route 114, that point being the intersection with Salem Turnpike of the common boundary line of land, now or formerly, of Louis J. Kmiec, Jr., as further described in the North Essex Registry of Deeds, Book 1082, Page 25, and the land now formerly of Leonard J. Annaloro as described in the North Essex Registry of Deeds, Book 1232, Page 150: and thence running from said Point by the southerly line of Salem Turnpike in the northwesterly direction, 1,062.77 feet, thence turning and running southwesterly by the easterly line of Hillside Road, 913.19 feet: thence turning and running southerly by the easterly of the Andover By-Pass also known as Route 125, a distance of 1.275.02 feet: thence turning easterly by the southerly most line of property now of formerly of Stephen J. Bilickt, et ux, as described in the North Essex Registry of Deeds, Book 1012, page 438, said line being in common with land, now or formerly, of the Bud Realty Trust, a distance of 662.07 feet: thence turning and running by the easterly boundary lines of said Bilicki land together with land now or formerly of Morton Nargclis, described in the North Essex Registry of Deeds, Book 1849, Page 73, a distance of 549.78 feet, and continuing still further along the same course, approximately 20 feet to the center line of the discontinued and abandoned way known as Willow Street: thence turning and running in several courses easterly by the center line of the said Willow Street to a point approximately twenty feet southerly of the easterly most corner of the land now or formerly of Leonard J. Annalore, North Essex Registry of Deeds, Book 1232, Page 150: thence turning and %~/nning northerly appreximately 20 feet to the said corner of Annaloro and continuing by the lot line of said Annaloro that line held in common with the land now or formerly of Louis J. Kmiec, Jr., 422.4 feet to the point of the beginning. The above parcel is also shown on the North Andover Assessor's Plat #25, as parcels numbered 4,5,6,7,8,9,10,20,23,24,25,26, 34,37,4_~41,43,44,50,53 and 54. Also included in this rezoning is that portion of the discontinued and abandoned way known as Willow Street as lies between the Andover By-pass and the Willow Street extension and shown on the said assessor's Plat, that portion of the way lying between the properties now or formerly of Stamp, Mscisz, and Towle, Redman, Margolis, Annaloro and Bud Realty Trust. The purpose and intent of references to the assessor's plat being to cure any minor discrepancies as may exist with the legal description above stated, and intending to rezone all of the parcels as shewn and described with reference to the assessor's Plats. Further included in this razoning are those portions of Salem Turnpike, Hillside Road and the Andover By-pass upon which the property fronts to the center line of said streets. Planning Board VOTED U~A~II.~UI1 .~D AI~PT THE ~gTICLE Voted }fay 8, 1989 Article 43. Zoning Change. Residence 6 District. To see if the Town will vote to amend the Zoning Bylaws so as to create a new Residential District, R-6, and amend the Summary Dimensional Tabl~ as follows: Residence ~ District. (¢) Single Family residential structures. Two family residential structures. Multi family residential structures, not exceeding 7 dwelling units per structure. Place Of worship. Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in a dwelling so used, provided there be no advertising on such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty four (24} inches in size, and further provided that no dwelling shall be erected or altered primarily for such (,~) For the use of a dwelling in any residential district or multi-family district for a home occupation, the following conditions shall apply: a. Not more than three (3) people may be employed in the home occupation, one of whom shall be owner cf the home occupation and residing in said dwelling. b. The use is carried on strictly within the principal building. ¢. There shall be ~o exterior alterations, accessory building, or display which are not customary with residential buildings. C7} (8) (9) d. Not more than twenty-five (2§} percent of the 'exist~ng gross floor area of the dwelling unit so ~ssd, not to exceed one thousand (1000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade, commoditieS, or products which occupy ~pace beyond these limits. e. There will be no display of goods o~ wares visible from the street. f. The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior agpearance, emissions of odor, gas, smoke, dust, noise, disturbances, or in any way become objectionable or detrimental to any residential use within the neighborhood. g. Any such building shall include no feature of design not customary in buildings for residential use. Real estate signs not to exceed twenty four (24} inches by thirty six (36) inches in size which shall advertise only the rental, lease, or sale of the premises upon which they are placed. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses- b. On any lot of et least three (3; acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or birds; but not the keeping of any animals, birds, or pets of persons not a resident of such lot. c. On any lot of at least ten (10) acres the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and ~oultry batteries. d. The sale of products raised as a result of the above uses en the subject land. Swimming pools in excess of two (2) feet deep shall be considered a str~cture and permitted provided they ere enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the Building I~spector to prevent the entrance of persons other them those residing at the pools location. Pools shall have a minimum of a ten (10) foot set back from rear and side lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. (lO) Museums. (11) Educational facilities. (i2) ~unicipal building a.d public service corporation use (Special Permit required). (13) Golf course. (14) Swimming and/or tennis clubs shall be permitted with Special Permit. (15) Cemetery. (16) One or two family dwellings, including the right to convert an existing dwelling to accommodate not more than seven family units by Special Permit from the Zoning Board of Appeals after a public hearing with due notice given, ~rovided: a. No major exterior structural changes shall be made. The right to convert shall apply to any dwelli.g under the ownership of one single person, partner- ship, or corporation to be converted for use as dwelling of not more than seres (7) family units, and meeting all requirements o~ the State and Town Statutes and Bylaws, including Health codes, Safety Codes, Building Codes, Zoning Laws and Zoning Bylaws. b. Stairways leading to the second or any higher floor shall be enclosed. (17) M~nicipal recreation areas. (18) Guest Or rooming houses. (19) Nursing and convalescent homes - see dimensional require- ments of Table 2 (Special Permit Required). (20} Any accessory buildings larger than sixty-four (64) square feet shall have a minimum five (5) foot setback from the side and rear lot lines and shall be located eo nearer to the street than the building line of the dwelling. (21) Day care center by Special Permit. The following Commercial Business to be allowed only by Special Permit, the permit granting authority shall be the Planning Board. (1) Retail steres, salerooms, funeral parlors, showrooms or places for any professional artistic or mercantile activity, not involving automotive sales, manufacturing or service also retail bakeries or confectioneries by Special Permit. (2) Banks, "offices and municipal, civic or public service buildings, such as post offices, telephone e~cbanges, town offices, school library, local passsnger station by Special Permit. ' (3) Hall, club, theatre, or other place of assembly by Special Permit. (4) Restaurant, dining room or lunch room by special Permit. (5) Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood by Special Permit. SUMMARY OF DIMENSIONAL REQUIREMENTS (Supplement of Res. 6 district) Lot-Area Min. S.F. --- 130,680 (3 acres) Height Max. --- 35 feet St. Front Min. Ft. --- 150' (13) Front Setback --- 25 feet side Setback -- 15 feet setback --- 30 feet Floor area ratio-Max. --- 0.25:1 (15) LOt cover. Max. --- 20% Dwelling Unit Density Max/Acre. --- 9/acre (12) Planning Board VOTI~ I]NANI~IOUS TO ADOPT AS L~st p~r~ph b~gtnni~ wl~h Item (3) Delete In its entirety Item (h) Delete the vord Restaurant and b~in th. sentence wit~ D~ninc THE COMMONWEALTH OF MASSACHUSETTS · -,,..f, ...: DEPARTMENT OF THE ATTORNEY GENERAL !t0/'/~" ONE ASHBURTON PLACE, BOSTON 0:~108-1698 JAMES M. SHANNON ATTORNEY G~NERAL D~niel Long Town Clerk 12~ Main Street No~th Andover, MA 01845 July 28, 1989 Deiar Mr. Long: I enclose the amendment to the general by-laws adopted under article 36, and the amendments to the zoning by-laws adopted under articles 32, 33, 38, 39, 40, 41, and 44 of the warrant for th~ North Andover Annual Town Meeting that convened May 1, 1989, wi~h the approval of the Attorney General endorsed thereon, and onl the zoning map pertaining to articles 38, 39, 4], and 44. The amendment to the zoning by-law adopted under article 43 is approved with the exception that paragraph (8)c. is deleted. Paragraph {8)c. would have allowed "on any lot of at least tem (10) acres, the keeping on any number of animals or hird~ regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry baltteries." G.L. c. 40A, § 3 states in relevant part that "no zoming...by-law shall...prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture...except that ail such activities mmy be limited to parcels of more than five acres in areas not zoned for ag!riculture..." (emphasis added). As written paragraph (8)c. of ar!ticle 43 would have been inconsistent with G.L. c. 40A, § 3. ' The town voted under article 35 to accept the provisions of St. 1988~ c. 245. The acceptance of local option legislation do~s not require the approval of the Attorney General. Ver.~_/~truly yours, Ant hon.~. Penski Assistant Attorney General 617-727-2200 ext. A~P:kma July 28, 1989 Boston, Massachusetts The foregoing amendment to the zoning by-laws adopted under article 32, 33, 38, 39, 40, 41, 43, and 44 of the warrant for the Nor,th Andover Annual Town Meeting that convened May 1, 1989 are hereby approved. ' ~~~y GENERAL · - Article 32. zoning Bylaw Bcgul,~tion Change - TO see if the Town will vote to amend and add to Section 2 oi the goni~] Bylaw entitled DEFINITIONS the following: Section 2 Definitions Amend the followin~ definitions: 2.22 Automobile Repair Shop A building or part of a building in which repairs are made to motor vehicles. 2.27 Building, Height "- The vertical distance measured from the lowest point of the finished grade at any location of the building to the highest point of the roof, but shall not include chimneys, spires or mechanical equipment, or penthouses used for enclosures of mechanical equipment. 2.30.1 Driveway A way located on a lot which provides vehicular access to the buildings on the lot. Each driveway shall service not more than one lot. Subject to the granting of a Special Permit from the Planning Board, a driveway may be shared by not more that two (2) lots. Each such shared driveway must be regulated by a recorded maintenance agreement running in, perpetuity with the land. 2.40 Home Occupation Any accessory use conducted within a dwelling by a resident who resides in the dwelling as his principal address, which is clearly secondary to the use of the building for living purposes. Home occupations shall include, but not limited to the following uses; personal services such as furnished by an artist or instructor, but not occupation involved with motor vehicle repairs, beauty parlors, animal kennels, or the conduct of retail business, or the manufacturing of goods. Retail business shall include the direct sales to the public on the premises whether by appointment or otherwise. 2.43 Lot An area of land in single or consolidated ownership which contains definite boundaries and ascertainable by a recorded deed in the Essex County Registry of Deeds Office. 2.52 No Cut Zone An area which ia left in its natural condition, which shall not be disturbed by any means which includes but not limited to the cutting of trees or understory. CREATE THE FOLLOWING DEFINITIONS: 2.26.1 Building Coverage The horizontal area measured within the outside of the exterior walls of the ground floor for all principal and accessory buildings on a lot. 2.34.1 Dwelling, Multiple ~.38.3 Floor Area Ratio The ratio cf the floor area to the lot area, as determined by dividing the gross floor area by the lot area. .2.61 Principal Structure- The structure on a lot of record which contains the primary use of the lot. A principal use shall not be contained within an accessory structure as defined in this Bylaw. planminq Board nelEhborhoo4. A~T: Article 33. Zoning Bylaw Regulation Change - Exceptions. 'To e~e if the Town will vote to amend Section 7.8(3} and add a new Section 7.8(4) in the Zoning Bylaw. 7.8 Exceptions Amend the following: ?.8(~) As described in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall apply to land shown on an approved definitive subdivision plan as defined by the Subdivision Control Law, for the length of time described in M.G.L. Ch. 40A. Add the following~ 7.8(4] As described in M.G.L. Ch. 40A, ne amendment to this Zoning Bylaw shall affect the use of land shown on an endorsed Approval Not Required Plan, as defined by the Subdivision Control Law, fur the length of time described in H.G.L. Ch. 40A. Explanation: Remove awkward language contained in Section 7.8(3) to be consistent with State Law. Create a new Section 7.8(41 to provide a clarification of the Zoning Bylaw consistent with state Law. Planning Board ?0TFD TO ADOPT THE ARTICLE XF~ 179 ~'O ~ Voted II~y ~', 1989 Article 35. Accept State Law Changes Relating to Subdivisicm De£ault Funds. To see if the Town will vote accept the provisions of Chapter 245 of the Acts of 1988, or take any action relative thereto. The text of the law cited above is as follows: Section 81U of Chapter 41 of the General Law is hereby amended by striking out the penultimate paragraph, inserted by Chapter 236 of the Acts of 1987 and inserting in place thereof the following paragraph~ "In any town which accepts the provisioms of this paragraph, the proceeds of any such bond or deposit shall be made available to the town for expenditure to meet the cost and expenses of the municipality in completing the work as specified in the approved plan. If such proceeds do not exceed one hundred thousand dollars, the expenditure may be made without specific appropriation under Section 53 of Chapter 44; provided, however, that such expenditure is approved by the Board of Selectmen." Explanation: This law allows the Planning Board to spend sub- division performance bond money up to the amount of without appropriation, from a developer who has defaulted on his/her requirement to build roadway and other improvements called for in the approved subdivision approval provided the Board of Selectmen approve the transfer of money to be placed in a Town account to finish the required work. Planning Board VOT~ ~DIO~S TO ADOPT ~{F. A~T/OLR. Voted Article 38. zoning Bylaw Regulation slid I]oundnr~ Ch.~l~ge - Brook ~treet. To see if the Town will vote to amend the zoning - Bylaws and the Zoning Map to change.the zoning on the hereinafter described parcel from VC and VR to Vc. The land together with the buildings thereon are located in North Andover and more particularly bounded and described as follows: Farnum Land Legal Description of VC Zone Chsn~e South of Brook Street on Route 114 Beginning at a point on the Southeasterly side of Brook Street at the intersection with the Northeasterly side of the Salem 'Turnpike, so called, thence turning and running along the Northeasterly side of said Turnpike Street, 1807.62 feet to a point: thence turning and running northerly and then more easterly in 4 courses along a stone wall by land of Harold A. Whipple 883', 3~, more or less to the centerli~e of Towne Street, thence turning and running along said centerline of Towns Street 300 feet more or less to a point; thence turning and running Northwesterly on a line which is and parallel to the centerline of said Turnpike Street, 440 feet more or less to a point; thence turning and running N44 degrees - §9' - 47W, 877.84 feet to a point; thence turning and running N42 degrees - 45' - 17"W, 362.59 feet to a point; thence turning and r~nning N39 degrees - 20~ - 2O"W, 308.32 feet to a point; the last 3 courses being 1000 feet from and parallel to the csntarline of said Turnpike Street; thence turning and r~nning S50 degrees - 39' - 40"W, 15 feet, to a point; thence turning and running N39 degrees - 51' - 17"W, 20.65 feet to a point on the Southeasterly side cf Brook Street; thence turning and running in 5 courses by ~aid side of Brook Street, 946.89 to said sideline of Turnpike Street and the point of the beginning. The land as described is more particularly shown on a plan entitled, "Plan of Land in North Andover, MA, subdivid~d by Benjamin G. Farnum, Scale 1" - 100', dated May 1, 1987, prepared by Thomas E. Nave Associates, Topefield, MA, being Lots through Lots ~14 and a portion of Lot ~15. Planning Board ¥OTI~TOADOPTTHEAR,~ICLE ~l~h ~0 3h Voted Nay 8, 1989 Article 39. Zoning Bylaw Regulation and Boundary Change- Route 114 of Brook Street. To see if the Town will vote to amend the Zoning Bylaws and the Zoning Map to change the zoning on the hereinafter described parcel from VC and VR to VC. The land together with the buildings thereon are located in North Andover and more particularly bounded and described as follows: Beginning at a point on the Northeasterly side of Salem Turnpike and on the Northwesterly side of Brouk Street: thence turning and running N 39 degrees - 20' - 20"W along the Northeasterly side of Salem T~rnpike, 391.51 feet to a point; thence turning and running N 43 degrees - 24' - 42" W along said turnpike, 226.67 feet to a point; thence turning and running N 46 degrees - 35' - 18" E along land of 8oston Mill Ski Area, Inc., 400.00 feet to a point; thence turning and running N 43 degrees- 24' - 42" W along said ski area land to a point, thence turning and running N 75 degrees - 50' - 44 E by land of Fink 290.08' to a point, thence turning and running B 18 - 16' - 31E by land of Fink, 450.00 feet to the corner of a stone wall, thence turning and running in a Southeasterly direction in one course through land of Farnum, 950 feet, more or less, to a stone wall on Srook Street, thence turning and running along the Northwesterly sideline of Brook Street, 974.89 feet to the point of beginning. The Land being described is shown on, in Part on a Plan entitled "Plan of Land in North Andover, Mass., subdivided by Benjamin G. Farnum," Scale l" ~ 80', dated May 1, 1987, prepared by Thomas E. Neve Associates, Inc., Topsfield, MA. Planning Board VOTED TO ADOPT THE ARTICLE yFI:I lgl ~,O 91 Voted }lay 8, 1989 Article 40. Zoning Bylaw Regulation and Boundary Change. To see if the Town will vote to amend Table 2 Summary o~ Dimensional Regulations by inserting a new column entitled Village Commercial after the column entitled Sue. 4; and include the following criteria under the Vill Comm. column: vc Lot Area (minimum sq. ft.) 50,000 sq. ft. Height maximum (ft.) 40 ft. or two stories Street frontage (minimum in ft.) 200 ft. Front setback (minimum in ~t.) 25 Side setback (minimum in ft.) 25 (2) Rear setback (minimum in ft.} 50 (2) Floor area ratio (maximum) N/A Lot coverage (maximum) 25% Dwelling Unit Density (maximum/acre) N/A Further, add new footnotes to Table 2, i.e. delineate above changes. Explanation: The purpose is to amend the existing Village Commercial District standards. as required to Planning Board VOTED TO ADOPT THE A~TICLE AH A~!-.~DFD yFS 126 t~0 5I' Amendme,t n~ follows Height m~ (f2.) h0 ft. or %wo stories to read Article 41. Zoning Bylaw Regulation and Boundary Change- FarnUm Street and Brook street. 'To see if the Town will vote to amend the Zoning Bylaws and the Zoning Map to change the zoning on the hereinafter described parcel from VC and VN to R-3. The land together with the buildings thereon are located in North A~dover and more particularly bounded and described as follows: Beginning at a point on the Northwesterly side of Brook Street on the Southwestarly side of Farnum Street at the intersection of two stone walls; thence turning and running S53 degrees, 36'- 14"w along the Northwesterly side of Brook STreet along a stone wall, 264.98 -feet to a point; thence turning and running S§4 degrees, 20'- 39"W, along ~aid side of Brook Street, 292.47 feet to a point, thence turning and running S54 degrees, 09'- 28"W, along said side of Brook Street,. 67.5~ feet to a point, thence turning and running in a northwesterly dlreotion in one course 950 feet more or less to a corner in a stone wall, thence turning and running along a stone wall by land of Thompson, in four courses, 640,98 feet to Farnum Street, thence turning and running along the Southwesterly side of Farnum Street, along a stone wall, in five courses, 862.10 feet to the point cf the beginning. The land being described is shown on, in Part on a Plan entitled "Plan of Land in North Andovsr, Mass., subdivided by Benjamin G. Farn~m", Scale 1"-80~, dated May 1, 1987, prepared by Thomas E. Nave Associates, Inc., Topsfield, MA. Planning Board V0T~ U~A}~IMOUS TO ADOPT THE ARTICLE. Voted t~y 8. 1989 Article 44. Zoning Bylaw Distrlct Boundaz¥ Change: Route 114/125. To see if the Town will vote to rezone land on .Assessors Plat.#2s, and amend the Zoning Map to change the zoning on the hereinafter described parcel from R-3 and I-1 to R-6. The land together with the building thereon are located in North Andovsr and more particularly described as follows: Beginning at the point in the southerly line of Salem Turnpike, also known as Turnpike Street, also known as Route 114, that point being the intsrsection with Salem Turnpike of the common boundary line of land, now or formerly, of Louis J. Kmlec, Jr., as further described in the North Essex Registry of Deeds, Book 1082, Page 25, and the land now formerly of Leonard J. Annaloro as described in the North Essex Registry of Deeds, Book 1232, Page 150: and thence running from said Point by the southerly line cf Salem Turnpike in the northwesterly direction, 1,062.77 feet, thence turning and running southwesterly by the easterly line of Hillside Road, 913.19 feet: thence turning and running southerly by the easterly of the Andover By-Pass also known as Route 125, a distance of 1.275.02 feet: thence turning easterly by the southerly most line of property now of formerly of Stephes J. Bilickl, et ux, as described in the North Essex Registry of Deeds, Book 1012, page 438, said line being in common with land, now or formerly, of the Bud Realty Trust, a distance of 662.07 feet: thence turning and running by the easterly boundary lines of said Biltcki land together with land now or formerly of Morton Margolis, described in the North Essex Registry of Deeds, Book 1849, Page 73, a distance of 549.78 feet, and continuing still further along the same course, approximately 20 feet to the center line of the discontinued and abandoned way known as Willow street: thence turning and running in several courses easterly by the center line of the said Willow Street to e point approximately twenty feet southerly cf the easterly most corner Of the land now or formerly of Leonard J. Annaloro, North Essex Registry of Deeds, Book 1232, Page 150: thence turning and z~/nning northerly approximately 20 feet to the said corner of Annaloro and continuing by the lot line of said Annaloro that line held in common with the land now or formerly of Louis J. 'Kmiec, Jr., 422.4 feet to the point of the beginning. The above parcel is also shown on the North Andover Assessor's Plat ~25, as parcels numbered 4,5,6,7,8,9,10,20,23,24,25,26, 34,37,~_?,41,43~44t50,53 and 54. Also included in this rezoning is that portion of the discontinued and abandoned way known as willow Street as lies between the Andover By-pass and the Willow Street extension and shown on the said assessor's Plat, that portion of the way lying between the properties now er formerly of Stamp, Mscisz, and Towle, Redman, Margolis, Annalore end Bud Realty Trust. The purpose and intent of references to the assessor's plat being to cure any minor discrepancies as may exist with the legal description above stated, and intending to rezone all of the parcels as shown and described with reference to the assessor's Plats. Further included in this rezoning are those portions of Salem Turnpike, Hillside Road and the Andover By-pass upon which the property fronts to the center line of said streets. Planning Board VOTED U~A~I~;~0US ."D ADOPT TEE I~TICLE Vote4 11~¥ 8, 1989 Article 43. Zoning Change. Residence 6 District. To see if the Town will vote to amend the Zoning Bylaws so as to create a new Residential District, R-6, and amend the Summary Dimensional Tabl~ as follows: Residence 6 District. (2) (2) (4) (5) Single Family residential structures. Two family residential structures. Multi family residential structures, not exceeding 7 dwelling units per structure. ~lace of worship. Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in a dwelling so used, provided there be no advertising on such dwelling or its lot other than a name plate or sign net to exceed six (6) inches by twenty four (24} inches in size, and ~urther provided that no dwelling shall be erected or altered primarily for such use. (~) For the use of a dwelling in any residential district or multi-family district for a home occupation, the following oondftions shall apply~ a. Not more than three (3) people may be employsd in the home occupation, one of whom shall be owner of the home occupation and residing in said dwelling. b. The use is carried on strictly within the principal building. c. There shall be ~o exterior alterations, accessory building, or display which are not customary with residential buildings. (?) (8) d. Not more then twenty-five (25} percent of the '.exist~ng gross floor area of the dwelling unit so used, ~ot to exceed ane thousand (1000) square feat, is devoted to such use. In connection with such use, there is to be kept no stock in trade, commodities, or products which occupy ~pace beyond these limits. e. There will be no display of goods o~ wares visible from the street. f. The building or premises occupied shall not be re,dared objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emissions of odor, gas, smoke, dust, noise, disturbances, or in any way become objectionable or detrimental to any residential use within the neighborhood. g. Any such building shall include no feature of design not customary in buildings for residential use. Real estate signs not to exceed twenty four (24) inches by thirty six (36) inches in size which shall advertise only the rental, lease, mr sale of the premises upon which they are placed. a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. h. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or birds; but not the keeping of any animals, birds, or pets of persons not a resident of such lot. c. On any lot of at least ten (10) acres the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d. The sale of products raised as a result of the above uses on the subject land. Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the Building Inspector to prevent the entrance of persons other than (lO) (l~} (14} (17) (l~) (20) those residing at the pools location. Pools shall have a minimum of a ten (10) foot set back from rear mhd side lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. Educational facilities. Municipal building and public service corporation use (Special Permit required). Golf course. Swimming and/ur tennis clubs shall be permitted with Special Permit. Cemetery. One or two family dwellings, including the right to convert an existing dwelling to accommodate not more than seven family units by Special Permit from the Zonillg Board of Appeals after a public hearing with due notice given, provided: a. Ne major exterior structural changes shall be made. The right to convert shall apply tc any dwelling under the ownership of one single person, partner- ship, or corporation to be converted for use as dwelling of not more than seven (7) family units, and meeting all requirements of the State and Town Statutes and Bylaws, including Health codes, safety Codes, Building Codes, Zoning Laws and Zoning Bylaws. b. Stairways leading to the second or any higher floor shall be enclosed. Municipal recreation areas. Guest or rooming houses. Nursing and convalescent homes - see dimensional require- ments of Table 2 (Special Permit Required). Any accessory buildings larger than sixty-four (64) square feet shall have a minimum five (5) foot setback from the side and rear let lines and shall be located no nearer to the street than the building line of the dwelling. Day care center by Special Permit. The following Commercial Business to be allowed only by Special Permit, the permit granting authority shall be the Planning Board. (1) Retail stores, salarooms, funeral parlors, showrooms or places for any professional artistic or mercantile activity, not involving automotive sales, manufacturing or service also retail bakeries or confectioneries by Special Permit. (2) Banks, 'offices and municipal, civic or public service buildings, such as post offices, telephone exchanges, town. offices, school library, local passenger station by Special Permit. (3} Hall, club, theatre, or other place of assembly by Special Permit. (4) Restaurant, dining room or lunch room by Special permit. (5) Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood by Special Permit. SUMMARY OF DIMENSIONAL REQUIREMENTS (Supplement of Res. 6 district} Lot-Area Min. S.F. --- 130,680 (3 acres) Height Max. --- 35 feet St. Front Min. Ft. --- 150' (13) Front Setback --- 25 feet side Setback -- 15 feet Setback --- 30 feet Floor area ratio-Max. --- 0.25:1 (15) Let cover. Max. --- 20% Dwelling Unit Density Max/Acre. --- 9/acre (12) planning Board It~ (3) Delete in its entirety I%~ (h) Delete the word Restaurant and be~tn the .ant.nee wlt~ Pin'nC THE COmMOnWEALTH OF MASSACHUSETTS DEPARTMENT OF THE ATTORNEY GENERAL STATE HOUSE · BOSTON 02133 August 2, 1972 Mr. John J. Lyons Town Clerk North Andover, Mass. 01845 Dear Mr. Lyons: I enclose the amendment to general by-laws adopted under Article 10, the amendment to zoning by-laws adopted under Article 1lA and the amendment to zoning map adopted under Article 118 of the warrant at the special town meeting held June 5, 1972, with the approval of the Attorney General endorsed thereon. Very truly ;, _ your.s Carter Lee Assistant Attorney General CL/jan ENC. SIGN BY-LAW: Sec~ion 1. l) SIGNS AND OUTDOOR LIGHTIH~ R~GULATI,ONS General Objectives To restrict private signs and lights which overload the public's capacity to receive information, which violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision. To encourage signing and lighting and other private communications which aid orientation, identify activities, express local history and character or serve other educational purposes. To reduce conflict among private signs and lighting and between the private and public information systems. SeCtion 2. Definitions l) Sign: Any letters, pictorial representation, symbol, flag, emblem, illuminated or animated device, displayed in any manner whatsoever, which directs attention of persons off the premises on which the sign is displayed to any object, subject, place, person, activity, product, service, institution, organization, or business. Surface area (of a si~n): The surface area of arff sign is the entire area within a single continuous perimeter enclosing the extreme limits of lettering, representations, emblems, or other figures, together with any material or color forming anintegralpart of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included. Only one side of a freestanding or projecting double-faced sign shall be included in calculating surface area, providing that the two display surfaces are joined at an angle no greater than 60 degrees. Ail sides of multi-faced signs, visible from any one street, shall be included in the calculation of surface area. I...lluminated sign: Illuminated sign shall mean any sign which has characters, letters, figures, designs or outlines directed on it or internal to it, illuminated. Ground sign: Any sign erected on the ground which is wholly self- supported from the ground. ~all si~n: Any sign affixed to or painted on a wall or window, or visible through a window~ of a building or other structure with the exposed face thereof in a plane parallel or almost parallel to the plane of said wall. 6) Roof si~n: Any sign erected, constructed, and maintained 9holly upon or over the roof of any building with the entire support on the roof structure. · 7) Projectin~ si~n: Any sign which is attached to a building or other structure and any part of which projects more than twelve 12) inches from the wall surface of that portion of the building or s .ructure in front of which the sign is positioned. 8) Occupancy si~n: Any sign intended to identify from the street a specific occupant or tenant of a building as opposed to a ~all or roof or ground sign identifying the building as a whole an its predominant use. 9) Pedestrian si~n: Any sign intended to identify from the s dewalk, at pedestrian level, a specific occupant or tenant of a bu[ldiug. 10) Temporary si~n: Any outdoor sign intended to be displayed for a continuous period of not more than sixty (60) days. 11) Permanent si~.: Any sign permitted to be erected for more than sixty (60) days. 12) Marquee: Any roof-like sheltering structure of permanent construction projecting from the wall of a building or structure. 13) Canopy: Any structure, other than an awning, made of cloth or other material on frames attached to a building, or projecting over a side- walk and carried by a frame supported by the ground or sic ;walk. 1~) Flaal0ole: A pole erected on the roof, or projecting from ~ building or structure, or on the ground. on which they are located, or to products, accommodations, or activities on ~hose premises, shall be allowed as follows: A. Number of Signs 1) Each building may have one wall or roof or ground sign ori3nted to each street on which the premises have frontage, identifying the building as a whole or its predmminant use. J 2) In addition, there may be one occupancy sign and one pedestrian sign oriented to each street on which the premises have frontal, re- lating to each occupancy within the building. There may ~so be certain signs listed in Section B below. Section ,~. Allowed Signs Signs whose subject matter relates exclusively to the premise~ Bm Location and Size of Signs 1) No sign shall overhang the public way more than 12 inches. No sign shall extend more than 20 feet above record grade or more than four feet above the lowest point of the r~of of the single story buildt~ ~ith which it is associated, ~$ztchever is less re- strictive, nor above the third floor of a multi-story building except that motels, hotels, a~ other transient lodgings may display such signs up to ~0 feet above record grade. The top of pedestrian signs shall be no higher than ten feet above the sidewalk. The area of pedestrian signs shall be limited to two square feet for each occupancy within the building. For other than first floor occupants occupancy signs shall be located between the second and third floors. Ground signs sh~ll be set back a minimum of ten feet from all property lines and a minimum of 50 feet from all residential districts or structures. The area of ground signs shall be limited to one square foot for each seven lineal feet of street frontage. Signs attached to or part of the architectural design of a building (such as wall signs or roof signs) shall not exceed, in total area, more than ten percent of the area of the two dimensional elevation of the build~ng of which they are a part. C. Maximum $i~n .Area .(cumulative for all signs) l) With the exceptions noted below, the total surface area of all exterior signs on the premises shall not exceed 15 times the square root of the street frontage of the parcel on which the premises is located. Street Frontage Allowable Total Area of Ail Signs 20 feet 67 square feet 25 75 30 82 35 89 ~o 95 50 lO6 60 116 70 126 80 13~ 90 1~3 lOO 15o 125 168 150 185 175 198 200 212 250 237 3oo 2~O ~oo 3OO 500 336 De Si~n Size Exceptions Signs in residential districts shall not exceed t~o square ~eet or as allowed in Section ~.12 of the Zoning By-Law, whichever is lmore restrictive. The following are allowed in addition to signs as limited ~ove: a) Names of buildings, date of erection, monumental citations, and commemorative tablets up to ten square feet in area, whm made a permanent and integral part of the building. b) Building directories, up to 20 square feet in area if l~)cated outside. c) Educational signs of up to 20 square feet, providing bulletin or poster display space, identifying or explaining local history or processes going on out of sight ~ithin the building, me,ting letter size and location requirements for pedestrian signs. d) Traffic control and guidance signs, in conformance ~rith public traffic sign standards, but located on private property~ and orientational signs up to two square feet in area, dispSayed for purposes of direction or convenience, including signs i~entifying rest rooms, freight entrances, and the like. / Permanent signs on the surface or inside display windows s~ cover no more than ten percent of the display window area. Lettering Size 1) Wall or roof signs and ground signs shall not employ eight inches in height in Residence Districts or 18 inches elsewhere. 2) Occupancy signs shall not employ letters exceeding eight in~ height. 3) Pedestrian signs shall not employ letters exceeding three height. F. Illumination l) exceed~ug height ~hes in ~ches in Signs sh~ll be illuminated only by steady, stationary, shie[ sources directed solely at the sign, or internal to it, wit~ glare for motorists, pedestrians, or neighboring premises. Illuminated signs shall not produce more than one foot-cand]e of illu- mination four feet from the sign. Signs shall not be illuminated between the hours of ll:OO P.IM. snd 7:00 A.M. unless related to an establishment operating durizg those hOiStS. dedlight out causing Ail temporary or permanent outdoor lights such as those used for area lighting or building floodlighting or sign lighting shall be steady, stationary, shielded sources directed so that the light source is not directly visible to any point beyond the lot lines of the premises. G. Temporary Sign~ The following signs are allowed for a period up to one year withe~ a permit. l) Construction signs: One u, llghted sign of up to 12 square feet identifying parties involved in construction on the premises where the sign is located; one illuminated sign of up to 20 square feet identi- fying the owner's name and the activity for which the building is intended and describing the construction process, but not including the advertisement of any product. These signs must be removed within 14 days after the beginning of the intended activity. Real estate signs: One unlighted sign of up to 12 square feet (6 square feet in residence districts) pertaining to the sale, rental, or lease of the premises on which the sign is displayed, to be removed within l~ days after sale, rental or lease. Display window signs: Signs on the surface of or inside display win- dows, lighted only by building illumination and covering no more than 20 percent of the display window area. H. Off-Street Parkin~ Signs Off-street parking facilities for ten or more cars must be identified by a sign displaying the letter "P" in a size between eight and 18 inches high, and a directional arrow indicating ingress. Such a sign may also identify the building (or its principal occupant) to which the parking is accessory in letters not to exceed eight inches in height. Se,ction 4' Pro.hibit. e.d De. vices 1) No sign or light shall move, flash, or make noise. (Indicators of time or temperature may move.) 2) Colored lights and illuminated signs employing colors in use in traffic signal lights are prohibited within view of any signalized intersection. Any imitation of official traffic signs or signals and the use of such words as "stop~ "look," "go slow," "caution," or "warning" are pro- hibited. Fluorescent colors in the yellow to red spectrum are prohibited. 5) Signs with neon tubes exposed to view are prohibited. Section . ~ .... ~ ...... = · .... e stin~ signs) Signs and lights shall be made to conform to the requirements ~f this By-la w~th~n ...... .~. ..... ~ ,--_ of xts effectzve date. ~'~- C,-~/ )/e~-D' ' ~ -'- - -,~-_ _ ~-, ~- .... ~-.*,I.~ f~. ~,.~,1 ~.t'_irm Section 6., l) Administration No sign, except those specificnlly exempted by this By-law erected without a permit issued by the Building Inspector, for which shall be accompanied by such scale drawings, pho' and other information as the Building Inspector may require the characteristics of the proposed sign. Non-conforming signs shall be removed by their owner within of the period set forth in Section 5, or else the Building shal~, cause their removal at the expense of the owner. shall be ~pplication ~graphs, to identify ten days [nepector ~ection 1 PURPOSES ~ection 2 Section 3 3.1 3.2 3.3 Section & &.l &.2 Table 1: Section 5 Section 6 6.1 6.2 6.3 6.~ 6.5 6.6 6.7 6.8 Table 2: Section 7 7.1 7.2 Section 8 8.1 8.2 8.3 8.~ DEFINITIONS ZONING DISTRICTS AND BOUNDARIES Establishment of Districts Zoning Map District Boundaries BUILDINGS AND USES PERMITTED District Use Regulations Accessory Uses Access to Buildings Summary of Use Regulations EARTH MATERIALS P~OVAL DIMENSIONAL REQUIREMENTS Lot Areas Street Frontage Yards (setbacks Building Heights Lot Coverage Floor Area Ratio Dwelling Unit Density Exceptions Summary of Dimensional Requirements SUPPLEMENTARY REGULATIONS Off-Street Parking Automobile Service Stations and Other Automotive Services NON-COI~ORMING USES Continuance Alteration or Extension Rebuilding After Catastrophe Abandonment Pa~e 1 2 following page 25 27 following page 31 33 37 Section 9 9.1 9.11 9.12 9.2 9.3 9.~ 9.5 9.6 9.7 9.8 ADMINISTRATION Enforcement Building Permit Penalty for Violation B~ard of Appeals Special Permit Temporary Permit Variance from Zoning By-Law Amendments to Zoning By-Law Conflict of Laws Validity Page Section 1 PURPOSES T~e purpose of this By-Law is the promotion of the health, safety, convenience, morals and welfare of the inhabitants of the town of North Andover, as provided by Chapter 40A of the General Laws of the Commonwealth of Massachusetts, by regulating and restricting the use of land and buildings thereby: 1. encouraging the most appropriate use of land, 2. preventing overcrowding of~land, 3. conserving the value of land and buildings, 4. lessening congestion of traffic, 5. preventing undue concentration of population, 6. providing adequate light and air, 7. reducing the hazards from fire and other danger, 8. assisting in the economical provision of transportation, water, sewerage, schools, Darks and other public facili- ties, and 9. preserving and increasing the amenities of the town. -1- Section 2 DEFINITIONS 2.1 GENERAL ~ For the purpose of this By-law, certain words or phrase herein shall be interpreted as follows, except where the context clearly indicates the contrary: words used in the singular include the plural, words used in the pres tense include the future tense, the word "person" inclu a corporation as well as an individual, the word "lot" cludes the word "plot" or "parcel", the word "shall" is always mandatory, and the word "used" or "occupied" as applied to any land or building shall be construed to i clude the words "intended, arranged or designed to be or occupied". ~es in- 2.2 SPECIFIC WORDS AND PHRASES For the purposes of this By-law, the following words an~ terms used herein shall have the meanings or limitation~ of meaning hereby defined, explained or assigned. 2.21 Accessor~ Use or Structure A use or structure subordinate to the principal u~3e of a building on the same lot and serving a purpo:3e customarily incidental to the use of the princip~l building. 2.22 Automobile Repair Shop A building or part of a building in which major r- pairs are made to motor vehicles, in which heavy machinery is used. 2.23 Automobile Service Station A buildin~ or place of business where gasoline, oil and greases, batteries, tires, and automobile accessories are supplied and dispensed directly t¢ the motor vehicle trade, at retail, and where min(r repair service is rendered. 2.24 Body shop "~ building, or part thereof, used for structural pairs and refinishing of moto~ vehicles for remuneration. 2.25 2.26 Board of Appeals The Board of Appeals of the Town of North Andover by the General Laws of Massachusetts. Buildin~ A structure having a roof supported by columns or for the shelter, support, or enclosure of persons animals or property. -2- as governed walls (Section 2 continued) 2.27 Building Height The vertical distance measured from the mean level of the proposed finished grade at the front of the building to the highest point of the roof, but not including chimneYs and spires. 2&28 Building, Principal ~ A building in which is conducted the main or prin- cipal use of the lot on which said building is sit- uated. 2i29 Car Wash An area of land and/or a structure with machine or hand operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles. 2.30 District A district or a zone shall be any portion of the territory of the Town of North Andover within which certain uniform regulations and requirements or var- ious combinations thereof shall be applied under the provisions of this By-law. 2.31 Dwellin~ Any building or portion thereof designed or used as the residence or sleeping place of one or more persons, except a mobile home and as otherwise provided herein. 2.32 Dwellin$, Multi-family A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein (same as "apartment"). 2~.)3 Dwelling, One-Family A dwelling built singly and apart from any other building and intended and designed to be occupied and used ex- clusively for residential purp°ses by one family. 2.34 Dwelling, Two-Family A free standing building intended and designed to be occupied and used exclusively for residential purposes by each of not more than two families (same as "duplex"). ~.35 Dwellin~ Unit One or more rooms, including cooking facilities, and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes. 13- · (Section 2 continued) 2.36 Erected The word "erected" shall include the words "built," "constructed," "reconstructed," "altered," "enlarge , and "moved." 2.37 Family One or more persons occupying the same premises and living as a single housekeeping unit as distinguish~ from a group occupying a boarding house, lodging ho[ club, fraternity or hotel. 2.38 Frontage The distance between lot sidelines measured along t~ street line. 2.39 Guest House A dWelling 'in which overnight accommodations are pr( or offered for transient guests for compensation. ~ term "guest house" shall be deemed to include touri~ home, but not hotel, motel or multi-family dwelling~ 2.40 Home Occupation An accessory use conducted in a dwelling by the res~ thereof which is clearly secondary to the use of thc building for living purposes. 2.41 Hotel or Motel A building designed for occupancy as the temporary residence of individuals who are lodged with or wit] meals and in which no provision is made for cooking in any individual room or suite. 2.42 Loading Bay An opening in a building not less than ten feet in width and 9 feet in height including a platform fo: loading and unloading goods, merchandise or other m~ ials. 2.43 Lot An area of land in one ownership with definite boun~ ascertainable by recorded deed-or plan. 2.44 Lot, Corner A lot abutting upon two (2) intersection. or more streets at thei] 2.45 Lot Lines The property lines bounding the lot. 2.46 Lot Line, Front The line separating the lot from a street. -4- d se, .vided 'he ;t .dents out ~ries (Section 2 continued) 2i. 47 Lot Line, Rear The lot line opposite and most distant from the front lot line. 2?48 Lot Line~ Side Any lot line other than a front or rear lot line. 2.49 Lot Line, Street A lot line separating the lot from a street or alley (usually the front lot line). 2.50 Medical Center A building or group of buildings designed for the individual or group practice of medicine or dentistry, but not including hospitals or nursing homes. Nonconformin~ Use A building, structure or use legally existing and/or used at the time of adoption of this By-law, or any amendment thereto, and which does not conform with the use regulations of the district in which located. 2~.52 Office, Business A primary use consisting of office activities of any type including business and financial office activities (including banks and financial institutions) and pro- fessional office activities. ~.53 ~54 Office, Professional A primary use consisting of office activities by a doctor, dentist, architect, lawyer, engineer or other pro- fessional person or persons. Parkin~ Area,Private An open area for the same uses as a private parking garage. Parking Garage,. Private A structure used for the parking of automobiles and available to employees, clients or customers whether for a fee or free. 2.56 ~arkin~ Garage, Public Any parking garage, 6ther than a private parking garage, which is open to the public and used for the storage of motor vehicles. ~57 Personal Service Establishment An establishment providin'g personal services to the public such as shoe repair, barbering, dry cleaning, etc. 2.58 Place of Worshi~ A church, temple, synagogue, mosque, or other similar place of worship, including parish house, rectory or convent. '5-- (Section 2 continued) 2.59 2.60 Planning Board The Plannin~ Board of the Town of North Andover as by the General Laws of Massachusetts. Public Buildin$ or Use A building or use owned or operated by a local, county, state or federal governmental agency. 2.61 Roomin~ House Any building or portion thereof containing more tha two and less than ten rooms without kitchen facili- ties that are used, rented or hired out to be occu- pied or that are occupied for sleeping purposes for compensation, whether the compensation be paid directly or indirectly. 2.62 Special Permit The words Special Permit where used in this By-law shall mean special permit granted as an exception under Section 4 of Chapter 40A of the General Laws. 2.63 Special Permit Use A use of a building or lot or an action upon pre- mises which may be permitted under this By-law only upon application to the Board of Appeals for a Special Permit and subject to the approval of the Board of Appeals and the conditions stipulated. Street A public way, or a private way open to travel by the general public, or a way shown on a plan of a subdivision theretofore duly approved by the Planning Board. 2.65 Structure Means a combination of materials to form a construcl that is safe and stable; including, among others, buildings, stadiums, tents, reviewing stands, plat- forms, staging, observation towers, radio towers, water tanks, towers, private and public swimming po( trestles, piers and wharves, sheds, shelters, fence~ and walls, and display signs; the term structure sh~ be construed as if followed by the words "or part thereof". 2.66 Town House An attached house in a row of three or more such hol capable of being sold as an independent dwelling with its own lot, as provided by this By-law. -6- toverned ion 1s~ 11 ses (Section 2 continued) 3.67 Yard (setback) An open space which lies between the principal building or group of buildings and a lot line. Yard~ Front 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. .69 Yard~ Rear An open space extending across the entire width of a lot between the rear of any building thereon and the rear lot line of the lot on which such building stands. Yard, Side An open space between the side line of a lot and the adjacent side of any building thereon, such open space being understood to cover the entire extent between the front yard and the rear yard on such a lot. -7- Section 3 ZONIN~ DISTRICTS AND BOUNDA~IF~ 3.1 ESTABLISHMENT OF DISTRICTS The town of N~rth Andover is hereby divided into zoning districts as follows: 1 District 2 District District Residence Residence 5 strict Business 1 Business 2 .ct Business 3 Business & Distri General Business Industrial 1 Industrial 2 Dist Industrial The zoning districts entitled "Zoning Map of t~ Town of (as amended) on file at t~ office of and is hereby made a part~ of this By-Law. ~.~ ,,, DISTRICT BOUND~IES Where uncertainty exits as to the bou~ies districts as shown one, the Zoning Map, the the location of such b~undaries. Descriptions tricts shall be kep~ on file in the office of determine General Basiness District boundaries. are bou~ed as shown on a Andove~' dated Zay ,, ] Town Clerk. This map ac any of the afore= Inspector shal~ all General BusJ Clerk for Use designated map 972 companies aid determine ness DiS-- to Section 3 ZONING DISTRICTS AND BOUNDARI~ ~,.1 ESTABLISHM~Nr OF DISTRICTS The town of North Andover is hereby divided into z~ing districts designated as follows: Residence ] District Residence 2 District Residence { District Residence 4 District Residence 5 District Business 1 District Business 2 District Business 3 District Business 4 District General Business District Industrial 1 District Industrial 2 District Industrial "S" District ZONING ,MAP The zoning districts established by this By-Law are bounded as shown on a map entitled "Zoning Map of the Town of North Andover"t dated May 12t 1972t as the same may be adopted by the Town, and as it may hereafter be amended. Said map accompanies and is hereby made a part of this By-Law. Arav land area not designated upon said map as being withinanother ~oning district shall bewith- in the "Residence 2 District." 3.3 DISTRICT BOUNDARIES Where uncertainty exists as to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the Build~ug Inspector sha~l determine the location of such boundaries. In reaching any such determinationt the Buil~_~g Inspector may properly rely upon the accuracy of the land-area descriptions appearing in the Zoning By-Law adopted by the Town in 1956, and as thereafter amended, insofar as any of them may be pertinent thereto. Section 9 9.1 9.11 9.12 9.2 9.3 9.~ 9.5 9.6 9.7 9.8 ADMINISTRATION Enforcement Building Permit Penalty for Violation Board of Appeals Special Permit Temporary Permit Variance from Zoning By-Law Amendments to Zoning By-Law Conflict of Laws Validity Page Section ~ Bur~JnI~S A~D USES P~ITTED DIS ,TRICT USE ,, !~eneral Provisions In the zoning districts above specified, the following designated b,,4~H4~gs and alterations and extensions thereof and buildings accessory thereto and the following designated uses of land, buildings, or parts thereof and uses accessory thereto are per- mitred. All other buildings and uses are hereby expressly pro- hibitede When a lot in one ownership is situated in part in the Town of North .Amdover and in part in an adjacent town or city, the provisi~ns, regulations and restrictions of this By-Law shall be applied to that portion of such lot as lies in the Town of North Andover in the same manner as if the entire lot were situated therein. ~hen a zoning district boundary divides a lot of record on June 5, 1972 in one ownership, all the zoning regulations set forth in this Zoning By-Law applying to the greater part by area of such lot so divided may by Special Permit be deemed to apply and govern at apr beyond such zoning district boundary but only to an extent not more than one hundred (1OO) linear feet in depth (at a right angle to such boundary) into the lesser part by area of such lot so divided. Pe..r~i. tted Uses Residence 1 District, Residence 2 District and Residence ,~ District (1) One family d~el14-g but not to exceed one dwelling on any one lot. (2) Place of ~orship. (3) Rooming house, renting rooms for dweLling purposes or furnishing table board to not more than four persons not members of the family resident in a d~elling so used, provided there be no display or advertising on such dwe]l~g..o~r its lot other than a name plate or sign not to exceed six ~o; inches by twenty- four (2~) inches in size~ and further provided that no dwel14ng sha~ 1 be erected or altered primarily for such use. Home occupations provided there be no display and no advertising except an announcement sign not to exceed inches by twenty-four (24) inches and provided that ~ dwelling, such home occupations shall be carried on b! more than five persons of whom at least oneshall res: such dwelling. Real estate signs not to exceed twenty-four (24) inch~ thirty-six (36) inches in size which shall advertise , rental, lease or sale of the premises upon which they (6) a) Farming of field crops and row crops, truck garde: plant nurseries, and green houses. (7) b) On any lot of at least three (3) acres, the keepi total of not more than three (3) of any kind or assor animals or birds in addition to the household pets of living on such lot, and for each additional acre of nine (9) acres the keeping of one additional animal but not the keeping of any animals, birds, or pets of not resident on such lot. c) On any lot of at least ten (10) acres, the keepin~ number of animals or' birds regardless of ownership operation of equestrian riding academies, stables, st~ and poultry batteries. d) The sale of products raised as a result of the a~ on the subject land. Swimming pools in excess of two feet depth shall be c~ a structure and permitted provided such pools are enc: suitable wall or fence at least four feet in height t, mined by the Building Inspector to prevent the entran, sons other than those residing at the pool location m provided that such pool~are located to the rear of t~ buildin~ line of the house and no closer to a side or line than ten (10) feet. (8) Museums. ........ ........... (10) Public bu/lding and public service corporations (Spec] required), but not including public works garages. (ll) GOlf course. ~xterior six (6) any not de in ~s by ,nly the are placed. ~s, orchards, ~g of a ment of a family ,t size to bird; )ersons of any the farms, ~ve uses ~nsidered .osed by a , be deter- :e of per- ~ further ~ front rear lot ,al Permit Swimming and/or tennis clubs shall be permitted with $ Special Permit. / (13) Cemetery. Nursing and Convalescent home - see dimension_al requirements of Table 2 - (Special Permit required.) ~Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall be not injurious, noxious, or offensive to the neighborhood. ,.,-~aidence ~ ~strict (1) One-family dwelling. (2) Place of worship. Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in a dwelling so used, provided there be no display or adver~ rising on such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty-four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. Home occupations provided there be no display and no exterior advertising except an announcement sign not to exceed six (6) inches by twenty-four (2~) inches and provided that in any d~elling, such home occupations shall be carried on by not more than five persons of whom at least one shall reside in such (5) Real estate signs not to exceed twenty-four (24) inches by thirty-six (36~inches in size which shall advertise only the rentalt lease or sale of the premises upon which they are placed. (6) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and green houses. b) On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such let, and for each additional acre of lot size to nine (9) acres the keeping of one additi~l animal or bird; but not the keeping of an~ animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres, the keeping of amy number of animals or birds regardless of ownership and the operation of equestrian ri~ug academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. (7) Swimming pools in excess of two feet depth shall be structure and permitted provided such pools are encl suitable wall or fence at least four feet in height mined by the Building Inspector to prevent the entra sons other than those residing at the pool location provided that such pools are located to the rear of building line of the house and no closer to a side o line than ten (10) feet. :onaidered a )sed by a ko be deter- ~ce of per- md further ~he front rear lot Public building and public service corporation use, I Permit required), but not including public works gar~ (ll) Golf course. (12) Swimming and/or tennis clubs shall be permitted with a Special Permit. (13) Cemetery. (1~) Duplex or two-family dwellings including the right t~, convert any building to accommodate more than two dwelling ~u~its by Special Permit from the Board of Appeals subject to ,he follow- ing regulations: A. Definitions: The conversion regulations shall apply to any bui ding or buildings under the ownership of one single person~ partnership or corporation converted for use as a residence building for three or more families., living independently of each other in apartments meeting reqUirements of t~e State Statutes and Health and Building codes. As used in this ordinance hhe word "roOm'' shall no~ include bathrooms. [ B. Applicat, ion. Applications for permits to convert shall be made[on a form to be prescribed by the Board of Appeals. Said application sh-11 be made to the Zoning Board of Appeals. The application shall contain: 1. The owner's name. z. The owner's address. 3. The names of the adjoining boundary owners of the subject p~emises. A legal description of the premises. 5. The number of units, the type and room composition of those applied for. 6. Number of rooms proposed for each unit. -12- (8) Museums. ~ (10) Special ~ges. 7. Plot plan showing location of proposed buildings, driveways a~ parking areas, existing domestic sewers, city water and proposed storm water disposal~ certified by a registered larM surveyor or professional engineer as to the number of square feet contained therein. 8. Description of the real property interest the applicant holds in the premises. 9. Description of construction materials proposed to be used. 10. Such other information as the Zoning Board of Appeals may require for the protection of public health and safety. Il. A detailed architect's plan showing proposed changes ~ith specifi- cations. C. Conditions precedent to ~ranti~ of permi$,~ No special permit shall be £ssued unless the following requirements have been met: Land Area~ The minimum land area required per converted dwelling unit shall be: a. Efficiency or studio apartments...............1,500 square feet square feet per unit. b. Apartments of not more than ene bedroom ....... 2,000 square feet square feet per unit. c. Apartments of not mere than two bedrooms......3,0OO square feet square feet per unit. d. Apartments of three or mere bedrooms .......... ~,500 square feet square feet per u~it. Notwithstanding the foregoing the permitted minimum lot area per structure so converted shall be not less than twelve thousand five hundred (12,500) square feet, and the street frontage width of such lot shall be not less than one hundred (1OO) feet; unless otherwise ~ll0wed by the Board of Appeals. Parking: Off-street parking shall be provided and located behind the front line of the converted building not nearer than twenty feet to any property l~e other then a street line according to the following minimum standards: a. One and one-half (ih) parking spaces per unit up to fifty units. T~o parking spaces per unit for each unit in excess of fifty units provided that if more than fifty units are planned there shall be an additio~el number of parking spaces over and above the required two spaces per unit equal to fifteen (15) per cent of the total number of apartment units. b. Ail m-~u access and egress roadways within the development be thirty feet wide with no parking adjoining the roadways. No main roadway shall be less than twenty feet. Construction: No major exterior structural changes shall cept such as may be required by all applicable building co Massachusetts General Laws. A parking space shall be not less than 10 feet by 20 f~et. In parallel parking areas there shall be twenty feet o~ driveway and back-~p space between each parallel line. I ~e made ex- ,es or by Design: a. No room in any apartment shall be less than 100 square area. Over-all area of units must not he less than: Efficiency ............. · ............. ~50 square One bedroom .......................... 600 square Two hedroom .......................... 750 square Three bedroom ........................ l~ 0O0 square For each bedroom in addition to three there shall he A] 200 square feet per apartment. b. For conversions to multi-family dwell~ug where the uni' 12 there shall be provided outdoor recreation areas wi' reational facilities. The minimum size of said recrea~ shall be 1,000 square feet per unit up to ~0 units and feet for each unit over ~0, unless otherwise allowed b', of Appeals. Specifically exempted from this provision bedroom unit Housing for Elderly. c. Ail parking areas shall be suitably paved with bitumin. crete material, with bermed curbing. Individual park~' shall be separated by stripes. Pre-cast or steel bum' shall be placed at each designated parking space. d. Over-all site preparation shall be under the direction fled registered professional engineer. e. In any conversion, ~11 areas not built upon shall be s landscaped so as to enhance the aesthetic appeal of th f. Each apartment unit shall be provided with a storage c of not less than 10% of the floor area of each apartme feet in feet feet feet feet additional ns exceed nh rec- ;ion areas ~00 square r the Board are one )us or con- tg spaces ~r stops of a quali- litably project. ~mpartment It. g. Stairways leacL~g to the second or any high floor sha~ be enclosed. Sewers: For conversion, domestic sanitary severs of the t~wn must be available for connection to the converted building. Waters Public water supply must be available for connection to the converted building. There shall be within the development a suitable number of Fire hydrants to satisfy the requirements of the Fire Chief but in no event more than one for each 20units shall be re~Hwed. (l?) (is) Town Houses. Guest or rooming houses. Nursing and convalescent homes (SpecialPermit required). See dimensional requirements of Table 2. Any accessory use customarily incident to any of the above per- mitted uses, provided that such accessory use shall be not in- Jurioust noxious, or offensive to the neighborhood. Residence ~ District (1) One-f.=41y dwelling. Place of worship. Renting rooms for dwel14~g purposes or furnishing table board to not more than fourparsonsnot members of the femily resident in a dwelling so used, provided there be no display or advertising on such dwelling or its lot other than a n~e plate or sign not to exceed six(6) inches byt#enty-four (m&) inches in size, and further provided that no dwelling sB~11 be erected or altered primarily for such use. Home occupations provided there be no displayandno exterior ad- vertising except an announcement sign not to exceed six (6) inches by twenty-four (2~) inches end providedthat in anydwelling, such home occupations shall be carried on by not more than five persons of whom at least one shall reside in such dwelling. Real estate signs not to exceed twenty-four (mi+) inches by thirty- six (36) inches in size which shall advertise only the rental, lease or sale of the premises upon which they are placed. (6) a) Farmt-g of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On ar~ lot of at least three (3) acres, the keeping of a total of not more than three (3) of a~y kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres the keeping of one additional animal or bird; but not the keeping of any ~-tmals, birds, or pets of persons not resident on such lot. 'c) On a~ lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equsstrianriding academies, stables, stud farms, dairy farms, and poultry batterias. d) The sale Of products raised as a result of the above uses on the subject land. 4.1z (7) (lO) (ll) (12) (17) Swimming pools in excess of two feet depth shall be coSsidered a structure and permitted provided such pools are enclosed by a suitable w~11 or fence at least four feet in height roi be deter- mined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location and further provided that such pools are located to the rear of the front bBilding line of the house and no closer to a side or rear lot line ~han ten feet. Museums. ~l cr pri:'~-te sehoo!-~ Public building or use and public service corporations Permit required), but not including public works garag Golf course. Swimming and/or tennis clubs shall be permitted with Cemetery. Town houses. Guest or rooming houses. Nursing and convalescent homes (Special Permit require dimensional requirements of Table 2. Multi-family dwellings. ProfeSsional offices on the ground floor of multi-fami structures. (Floor area utilized for offices shall re total floor space ordinarily permitted for residential proportional basis. Each 1,000 square feet or part th such floor space shall reduce the permitted number of units by one.) Hotel or motel (Special Permit required). Parking, indoor storage and other accessory uses asso¢ the above uses~ provided that such accessory use shall injurious, noxious, or offensive to the neighborhood. Bu, siness 1 District (1) Retail establishments. Personal service establishments. Professional offices, banks, real estate offices and ~ offices. (4) Eating or drinking uses may be permitted only as a sec~ within a permitted primary use. (Special Special Permit. i). See ~ydwelling iuce the use on a ~reof of ~welling ~atedwith not be isurance ~ndary use (e) (?) (9) (lO) (ll) (12) Place of worship. Nonprofit school. Public build~ug or use and public service corporation. Art gallery. a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On a~ lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family livin~ on such lot, and for each additional acre of lot size to nine (9) acres the keeping of one additional animal or bird; but not the keeping of any a~als, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian ri~Ang academies~ stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. Swimming and/or tennis clubs shall be permitted with a Special Permit. Parking~ indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use shall not be injurious, noxious or offensive to the neighborhood. BusineSs 2D~.strict (1) Ret~l establishments. (2) Personal service establishments. (3) Professional offices, banks, real estate offices and insurance .offices. (~) Business and other offices. (5) Public building or use and public service corporation. (6) Art g.11ery. (7) Swimmiug an~or tennis clubs shall be permitted with Permit. (9) (lO) (12) (13) (16) (17) (20) Place of worship. Eating and drinking establishments. Nonprofit school or private school for profit or muse Indoor place of amusement or assem61y. Automobile service station (limited to one in each 2, feet of street or highway as measured along centerlin Medical center, clinic or medical laboratory. Funeral parlor. Multi-family dwellings and town houses (with Special Public parking garage. Taxi depot. Printing and reproduction. a) Farming of field crops and row crops, truck garde plant nurseries, and greenhouses. b) On any lot of at least three (3) acres, the keep~ of not more than three (3) of any kind or assortment, birds in addition to the household pets of a family 1: lot, and for each additional acre of lot size to nine the keeping of one additional animal or bird; but not of any animals, birds, or pets of persons not residen' c) On any lot of at least ten (10) acres, the keepin~ of animals or birds regardless of ownership and the o~ equestrian riding academies, stables, stud farms, dai~ poultry batteries. d) The sale of products raised as a result of the abc the subject land. Residential use where such use is not more than 50 pex total floor space in the structure. Parking, indoor storage and other accessory uses asso¢ the above uses, provided that such accessory use shall injurious, noxious, or offensive to the neighborhood. Special DO0 linear ~). 'ermit). orchards, ~g of a total >f animals or ~ing on such (9) acres the keeping on such lot. : of any number .eration of y farms, and ve uses on cent of the iated with not be Business ~ District (1) Retail establishments' (2) Personal service establishments. (3} Professional offices, banks, real estate offices and insurance offices. (~) Business and other offices. (5) Public building or use and public service corporation. (6) Art gallery. (7) Swimming and/or tennis clubs shall be permitted with a Special Permit. Place of worship. Eating and drinking establishments. Nonprofit school or private school for profit or museum. Indoor place of amusement or assembly. Automobile service station (limited to one in each 2,0OO linear feet of street or highway as measured along centerline.) Medical center, clinic or medical laboratory. Funeral parlor. Public parking garage. Taxi depot. Printing and reproduction. Research and development facilities. New car sales but not to include outdoor car sales lots accommo- dating more than ten used cars. a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. (9) (lO) (ii) (i3) (i6) (i7) (is) (17) 4' 127 (21) c) On any lot of at least ten (10) acres, the keeping number of animals or birds regardless of ownership and operation of equestrian riding academies, stables, stu dairy farms, and poultry batteries. d) The sale of products raised as a result of the abo the subject land. Parking, indoor storage and other accessory uses assoc the above uses, provided that such accessory use shall injurious, noxious, or offensive to the neighborhood. Business 4 ~istric~ (1) Research and development facilities. (2) Business, professional and other offices. (3) Limited retail, personal service and eating and drinki be permitted in an amount not to exceed five percent o floor area of the principal uses. (&) Place of worship. (5) Nonprofit school or private school for profit or museu (6) Public building or use and public service corporations (7) Hotel or motel (limited to one in each 2,000 linear fe or highway as measured along centerline). (8) Medical center, clinic or medical laboratory. (9) Nursing and convalescent homes. See dimensional requi Table 2. of any the farms, e uses on iated with not be ~g use shall total gross ne t of street ~ements of (10) Art gallery. (ll) Swimming amd/or tennis clubs shall be permitted with a Special Permit. (12) Printing and reproduction, n~ (13) a) Farming of field crops and row crops, truck gardeI' orchards, plant nurseries, and greenhouses. b) On any lot of at least three (3) acres, the keepin of not more than three (3) of any kind or assortment o birds in addition to the household pets of a family ii lot, and for each additional acre of lot size to nine the keeping of one additional animal or bird; but not of any animals, birds, or pets of persons not resident of a total animals or lng on such [9) acres ~he keeping on such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. Parking, indoor storage and other accessory uses associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. General Business (1) Retail stores and wholesale stores, salesrooms, funeral parlors, showrooms or places for any professional, artistic or mercantile activity, not involving manufacturing, also retail bakeries or retail confectioneries. (2) Banks, offices and municipal, civic or public service buildings such as post office, telephone exchange, town offices, school, library, museum, place of worship, local passenger station. (3) Hall, club, theatre or other place of amusement or assembly. Automobile service and filling stations, automobile storage and repair garages including automobile body repairs and psintin~, and automobile sale agencies for new and used cars provided there be not displayed or stored outdoors on such premises more than twenty-five (25) automobiles or other vehicles. (5) Restaurant, dining room or lunch room. (6) Residential use where such use is not more than 50 percent of the total floor space in the structure. (?) Any accessory use customarily incident to any of the above per- mitted uses, provided that such accessory use shall be not jurious, noxious, or offensive to the neighborhood. Industrial 1 District (1) Research and development facilities. (2) Business, professional and other offices. (3) Limited retail, personal service and eating and drinking use shall be permitted in an amount not to exceed five percent of total gr~ss floor area of the principal uses. (6) (9) (lO) (ll) (i2) (13) Place of worship. Nonprofit school or private school for profit. Public building or use and public service corporation. Medical center, clinic or medical laboratory. Art gallery or museum. Swimming and/or tennis clubs shall be permitted with Permit. Printing and reproduction. Helistop (defined as a landing and take-off place for but not including facilities for storage or major rep~ copters). Special Permit required. Special usee (15) Golf course. (16) Parking, indoor storage and other accessory uses custo~ associated with the above uses, provided that such acco shall not be injurious, noxious, or offensive to the ne a helicopter ir of hell- m, processing, ~r merchandise, ~ng and further brimental or dust, smoke, mvironmental arily ssoryuse ighborhood. Of any number Light manufacturingincluding manufacturing, fabricati finishing, assembly, packing or treatment of articles provided such uses are conducted solely within a build provided that such uses are not offem~ive, noxious, de dangerous to surrounding areas or the town by reason o~ fumes, odor, noise, vibration, light or other adverse effect. : a) Farming of field crops and row crops, truck garden~, orchards, plant nurseries, and green houses. b) On any lot of at least three (3) acres, the keepint of not more than three (3) of any kind or assortment o~ birds in addition to the household pets of a family li' lot, and for each additional acre of lot size to nine the keeping of one additional animal or bird; but not of any animals, birds, or pets of persons not resident c) On any lot of at least ten (10) acres, the keeping of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dair~ farms, and poultry batteries. d) The sale of products raised as a result of the abo~e uses on the subject land. Warehousing and wholesaling shall be permitted only as la secondary of a total animals or ngon such 9) acres ;he keeping on such lot. Industrial 2 District (1) Research and development facilities. (2) Business, professional and other offices. Limited retail, personal service and eating and drinking use shall be permitted in an amount not to exceed five percent of total gross fleer area cf the principal uses. (~) Place of worship. (5) Nonprofit school or private school for profit. (6) Public building or use and public service corporation. (7) Medical center, clinic or medical laboratory. (8) Art gallery. (9) Swimming and/or tennis clubs shall be permitted with a Special Permit. (10) Recreation areas (Special Permit required). (11) Printing and reproduction. (12) Helistop (defined as a landing and takeoff place for a helicopter but not including facilities for storage or major repair of heli- copters). Special Permit required. (13) Light manufacturing including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise, provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. (14) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On any lot of at least three (3) acres, the keeping of a of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. 4.1 l d) The sale of products raised as a result of the ab, the subject land. (15) Warehousing and wholesaling. (16) Golf course. (17) Lumber or other building materials storage or sales, t or contractor's yard, provided all outdoor uses are er~ fence of five feet or more in height. (18) Bus garage. (19) Automobile service station (limited to one in each 2,1 feet of street or highway as measured along centerlin, (20) Car wash. (21) Automobile or other motor vehicle repair, provided all are ~ithin an enclosed building. (22) Veterinary hospital and kennels, provided all activit~ within an enclosed building. (23) Parking, indoor storage and other accessory uses custc associated with the above uses, provided that such acc shall not be ir~urious, noxious, or offensive to the Industrial "S" District (1) Research and development facilities. (2) Business, professional and other offices. (3) Place of worship. Nonprofit school or private school for profit. (5) Public building or useand public service corporation. (6) Printing and reproduction. (7) Light manufacturing including manufacturing, fahricati ~ve uses uel storage, closed by a activities es are marily essory use eighborhood. ~n, processing, finishing, assembly, packing or treatment of articles other commercial non-retail activity, provided such us ducted solely within a building and further provided t are not offensive, noxious, detrimental or dangerous t areas or the town by reason of dust, smoke, fumes, odo vibration, light or other adverse environmental effect Premises of a bank, post office, telephone exchange or business office, local bus passenger station or busine buildings. By special permit, an automobile service a station, a diner, a restaurant, a retail food store, b retail stores of any kind. ~r merchandise, Ds are con- mt such uses surrounding noise, telephone 3s office ~d filling it no other (9) (zo) Warehousing and wholesaling. Lumber or other building materials storage or sales, fuel storage, or contractor's yard, provided all outdoor uses are enclosed by a fence of five feet or more in height. (11) Bus garage. ACCESSORY USES (1) Accessory uses, as defined herein, shall be on the same lot with the building of the owner or occupant, and shall be such as do not alter the character of the premises on which they are located nor impair the neighborhood. (2) Where manufacturing of any kind is allowed as an accessory use, it shall be restricted to such light manufacturing as is incidental to a permitted use and where the product is customarily sold on the premises by the producer to the consumer. ACCESS TO BUILDINGS No private way giving access to a building or use not permitted in a residential district shall be laid out or constructed so as to pass through a residential district. ?able 1 ~ OF USE l~,t~?IO~ Per~itted Use ~ricultural Use1 Res. Res. 6 Res. 5 Bus. 1 Bus. 2 Bus. 3 Bus. Z+ G~.ral Ind. 11 Ind. 2 ~es [Yes Yes , Yes ~ Yes Yes Yes ~ Yes Yes ~es ~ ~ ~ ~ ~es ~ ~es ~ea ~es ~es ~e8 ~es ~ ~ ~ ~ ~ ~ NO ~ NO,~ ~ Yes ~ ~ Yes Art OoLler~ ~uto service station~ Auto & vehicle re- shop ~s g~ NO ~ NO ~ NO , ~ No ~ ~ ~ Yes ~ Yes C~ wash NO ~ ~ No ~ NO No , ~ ~ Yes ~ Yes F~er~ ~or ~ ~ ~ NO No Yes Yes No Yes NO ~ i ~ co~se Yes ~es Yes ~ ~ ~ ; NO : NO ~ Yes Yes Guest house No He~istop No i ~anufacturin~ NO Medical center1 No No No Hotel or hotel No No SP New car sales1 NO Nonprofit school ,Yes Yes Yes No No No Yes Yes No No NO No1 ~ J NO No No ~ Yes If es ~es ~ Yes NO i No No SP Kea i No : Yes i No I Yes :~ ~esI Yes ! Yes Yes Nc ' NO No Yes Yes No ~ NO One-fami]~ dwellin~ Yes ; Yes Place of worship Yes, Yes. ~g & repro- NO NO Professional offices No1 No1 Recreation ~reas SP S~ Retail establishment No No Roomin~ house Taxi Town houses NO Yes Yes i Nc NO No Yes i Yes : Yes No1 Yes No NO No NO Yes1 Yes SP Yes No i NO Yes Yes ~ Yes Yes Yes± i,,SP J No No No No NO i Yes No Yes i Yes : Yes Yes I NO No No ! .,No i No No~ Yes i N°l Yes ~ Yes ; Yes Yes Yes ! Yes ' Yes ~ Yes Yes Yes : Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes ! Yes Yes ; Yes Yes t Yes 1~eE~ hospital ho 1 See detailed district use regulations. Nol No1 ~ Yes Yes Yea i Yes Yes ! Yes ~ Yes Yes No No '~ SP - with Special Permit only. ~DTE: This chart is for summary informatio~m.l purposes only and is not a substitute for the detailed district use regulations co~tained in Section ~ of this By-law. -26- Section 5 (1) EART~ NATEEIALS .REMOVAL 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 pro- hibited except such removalasmaybe authorized in any zoning district by a permit issued by the Board of Appeals and except such removal as is permitted by paragraph (3)- No such permit shall be issued except upon written application therefor 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 concerned, indicating 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 Rames of all adjoining owners as found in the most recent tax ]_ist and the approximate locations of existing public and private lands nearest to such land. Notice of said public hearing shall be as provided by law and shall be paid for by the petitioner. A copy of any permit granted hereunder by the Board of Appeals, stating all of the conditions imposed, if any, including but not limited to limita- tion 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 approved drainage, (f) the posting of security or bond, (g) the replacement of not less than six (6) inches of top-soil over the whole of any area from which earth materials are removed where the location of such removal is afterward to become a resideutial sub- division, 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 (~) inches of top-soil; Or a copy of the denial by the Board of Appeals of any application for such, stating the reasons for such denial, shall be mailed forthwith by the Board to the parties in interest, including also the Planning Board and the Building Inspector. (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 allow- able structures for which building permits have been issued, or for the purpose of constructing ways in accordance with lines and grades approved -27- by the Plann/n§ Board or b:y the Board of Appea~s or for the purpose of construct~/~' ut:[]Atie.~ or other en~neering ~orks for pubil~c sera_ce or for.the purpose Of level/n/~ an area for an acceptable resident:~a~ such- division. Nor shal~ this re~lat~on be dee~ed to prohibit the tFans~erra~ of sodt loamt so~! clay, sand~ ~ravel or stone fro~ one part of a lot, tract or parcel of land to another part of the same lot, tract or parcel of ~and ~n the same o~nersl~ip. Sebtion 6 DIMENSIONAL ~U~S Minimum lot areas for uses in each district shall be as set forth in Table 2, summary of Dimensional Requirements, which is hereby made a part of this by-law. In determining the fulfillment of the minimum area and minimum street frontage of lot required in any zoning district, there shall not be ±n- cluded any lend 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 liues bounding such lot which if extended would intersect, the area end frontage required in such lot shall be computed as if such potentially intersecting ]~nes were so extended; but if a c~rved line more than seventy- five (75) feet in length is the whole of any one boundary l~ne cf a lot, the minimum area and minimum frontage required shall be determined entirely within the lines bounding such lot, including such curved line. No lot, upon which is then located any buildings or with respect to which a permit has been issued and is then outstanding for the erection of any building, shall be subdivided or reduced in area in any manner unless said lot shall thereafter fulfill the lot area, street frontage and yard space requirements of this By-law except as may be permitted otherwise by the Board of Appeals. If land be subdivided, conveyed, devised or otherwise transferred in violation hereof, no building permit or other permit shall be issued with reference to any of the land so transferred or to the lot (s) ret~iued until all of such land and lots meet the requirements of this Zoning By-law. Any land taken by eminent domain or conveyed for a public purpose for which the land could have been taken shall not be deemed to be transferred in violation of the provisions hereof. 6~2 ST~T FRONTAGE Minimum street frontage s~l~ be as set forth in Table 2. In no case shall aCtual street frontage at the street 11ue be less then 75 feet. Corner lots s~all be required to have the required frontage only on one street. YARDS (SmACk) Minimum front, side end rear setbacks shall be as set forth inTable 2. Buildings on corner lots shall have the required front setback from both streets except in Residence ~ District where setback from the side street shall be 20 feet minimum. Maximum heights of buil~iugs shall be as set forth in Table 2. is defined in Section 2. "Building height" The foregoing Limitations of height in feet in the zoning district~ designated shall not apply to farm buildings on farms of not less than ten (10) acres area, nor shall they apply to chimneys, ventilators, skvlights, tanks, hzlkheads, pent- houses, processing towers and other accessory structural features ~sually erected at a height greater than the m-ln roofs of any buildings, nor to d towers or spires of churches or other buildings, provided all such in no way used for living purposes, and further provided that no s feature of any non-manufacturing building shall exceed a height of feet from the ground nor of a manufacturing building a height of ~ feet from the ground except by permission of the Board of Appeals G.L. Ch. ~OA. LOT COVeraGE Maximum lot coverage by buildings shall be as set forth in Table 2 shall mean the percent of the lot covered by principal and accessC 6.6 FLOOR AREA RATIO Maximum floor area ratio (FAR) shall be as set forth in Table 2. ratio between the total amount of building floor area on all us~ and the area of the lot on which it is located. $~? D~m,,INGUNIT DENSITY Maximum dwelling unit density (dwelling units per acre) shall be in Table 2. of this By-Law and the 6.s EXCEPTIONS (1) The residential lot areas and frontages above required and 2 shall not apply in any residence district to any lot of le: frontage than above required if such lot be not adjoined by the same owner, available for combination with or connection with such lot, provided that the applicant for a b on any such lot shall show by citations from the Essex County Deeds incorporated in or attached to such application that su lawfully laid out and duly recorded by plan or deed prior to and provided that on such a lot there shall be kept open and a front yard and a rear yard each not less than 20 feet deep yards, each not less than 12 feet wide. (2) In Residence & Districts only, two or more vacant lots, mutu maywith a Special Permit from the Board of Appeals be permit bined into a new lot or lots of not less than 10,000 square and with not less than 100 feet street frontage, provided it the Board of Appeals that each of said vacant lots before of less area or less frontage than required herein and, by the Essex County Registry of Deeds, that each such lot was out and duly recorded by plan or deed prior to the effective. Building Inspector shall permit the construction of one sing] dwelling on each such 10,000 square feet lot. ~mes, bell features are ach structural sixty-five (65) ~ghty-five (85) ~cting under Lot coverage structures. 'AR is the ~ floors s set forth sted in Table s area or less ~her land of use in Ailding permit Registry of =h lot was ;he ~effective date aot built upon and two side lly adjoining, ed to be com~ eet area each, be shown to bination was rations from wfully laid iate of this By-Law e family ?ab~ 2 ~z OF ~;~S~O~ a~trms~rs Roe, ~6 IROe' ~,7 ~. ~ 1~' z~ Street minimum Side set,ac k- minimum Rear setback- Floor Area ~e lling Unit Density - Maximt~m/ac~ F~ont setback shall be a ~mimum of 200 feet ~lon~ Route ll~, regardless of ~st~ct, ~ l~ feet ~o~ R~te 12~ ~ ~ustr~l 1 ~d 2 Districts; t~ first 50 feet of f~t setback ~r t~s r~r~t s~ be ~ ~d ~dsca~ ~d ~ ~g s~l be A~ac~t to resident~ ~st~cts, ~ ~ti~ 15 foot side or re~ setback s~ be ~d~. setback ~ea s~ll be mainta~ 0~n ~ ~een, ~d s~t~ly ~dsca~, ~b~t u~n, ~p~ed In t~ Bus.ess 2 D~trict the side y~ r~rement ~ be e~t~ w~ t~ adJo~g pro~y ~rs ~ee to sh~ a ~ty wall. Adjacent to resideeti~ ~stricts (~lu~g those ~ bo~g to~s), ~ ad. till 50 f~t side or re~ s~back sh~ be re~ired. T~s additio~l setback ~ea sh~l be ~ta~ed open ~ ~en, built u~, ~paved ~d ~p~ked u~n. If ~ encased p~g et~ct~e is prided, lot covera~ ~ be ~c~ased up ~ the ~o~t of such bet ~t to exceed a tot~ c~er~e of M~ ~t size for a to~use c~plex s~l be ~3,560 sq~ feet ~tho~ ~i~d~ to~e ~ts ~ be a ~ of 3,~ squ~ feet. M~ lot size f~r ~ a~t~nt c~plex sh~ ~ 60,~ ~e fe~. D~ensio~ re~tions for %~ouse c~plbxes sh~l meet the r~ements of t~ Residence 5 ~trict; ~vi~ t~ouses ~ the c~p~x, ~w~er, sh~ ~ re~tated ~ foH~s: M~ Bt~t F~tage: 1~ f~t ~ Re~ ~tback: 30 feet ~ Front S~back: 30 f~t ~ Floor ~a Ratio: 1.~:1 ~ Si~ ~back: ~ne ~red where a ~y wall is ~ ~t Co~e: co~tructed bergen ~ts$ othe~se ~ N~ber of a 25 f~t si~ setback shall be Conti~ous U~ts: 10 ~o~d. ~ fo~g a~itic~ r~uir~s sh~l apply eh~ ap~m~ts or ~use c~e~s ~st~ct: (~) ~ere s~!! ~ a ~ved drivew~ er ~ved w~ ~te to ~c~te emerg~y v~cles ~th~ 50 feet of the outs~e entr~ce cf each d~ ~t. (h) ~ ~ad p~g access to to~ouses or lo~ ~ended for t~uses sh~l co~ to the s~visi~ contel re~tio~ ~ the Pi~ Bo~. (c)~ ~ad or ~v~ p~d~ ~ci~ access ~ ~re t~ ~ ap~ment dwe~ spaces sh~ c~o~ to appro~ete p~isio~ of the sub~vis~ ~ntrcl re~t~ residential et~t. Before iss~ a b~l~ ~it ~ such ca~s the ~ ~s~c%or s~l o~ a f~m the Pi~ Bo~ on the e~t of ~ch co~ity. (d) M~ heist (a~m~t b~): &O feet. (e) ~ stories of ~ queers (a~t b~): 3. (f) N~ ~ts ~r st~t~ (ap~t b~)~ 18. ~ Residence & ~et~cts ~ f~t setback m~ ~ the aver~ ~ a~ f~nt setb~ of d~l~ 2~ feet on citer side of N~s~ ~ conv~esc~t h~s s~ have et least ~ ~e feet of lo~ ~a ~r b~. ~ lot size for s~h h~es ~ R1, R2, ~ R3 ~str~ts ~ be 2 ac~s. -32- (3) Notwithstand/n~ an~ other provision of law, no amendment to this By'l"law sha~or affect the size, shape, or frontage of any lo~ shown on a plan of a subdivision as defined in Section 81-L of ChapterI ~1 of the General Laws if the plan of such subdivision has been finally approved by the Plannir~ Board and duly recorded pursuant to said Chapter 21 prior to such Zoning By-law amendment, for a period of seven years from the date of final subdivision approval by the Planning Board of such plan orl until any such lot is divided, whichever occurs first, without the consenti in writing of the o~ner of such lot. ~ S$ction 7 SUPPLEMENTARY REGULAT,ION~ Whenever a b,,Alding is erected, reconstructed, moved or expanded so as to increase its floor area and/or design capacity, there shall be provided on the same lot with such building or on a lot contiguous thereto (or within 1OO feet thereof) in the same ownership as the parcel containing the primary use, a sufficient number of open or covered parking spaces to satisfy the requirements of the following schedule for the new building or increased design capacity of floor area: Minimum Spaces Required Ome or two-family residence. One space per dwelling unit. Three or more family residence (including apartments). 1.50 spaces per dwelling unit of two or more bedrooms. 1.25 spaces per dwelling unitof less than two bedrooms. 0.50 spaces per dwelling unit for units designed and occupied for the elderly under government assisted programs. Ail other places with sleeping accommodations including rooming houses, hotels, motels, hospitals, n~rsing homes, etc. One space per sleeping room for single or double occupancy. (If occupancy ex- ceeds two per room~ one space per two b~ds shall be provided.) Auditoriums, theaters, athletic fields, f~neral parlors, and other places of assembly. One space for each four persons based on design capacity of the facility. Restaurants and~ther eating and drinking places. One space for each three seats. Retail store and service establishments. Six spaces per 1,0OO square feet of net ground floor area (excluding storage area), except five spaces per 1,0OO square feet of net ground floor area (excluding storage area) in Business 1 and 2. In addition, one-half the requirement for uses on the first story shall be required for each additional story. Ogfices, research facilities. Three spaces per 1,000 square feet of net floor area (excluding storage area). Warehousing, wholesaling, distributing. One space per 1,000 square feet of gross floor area. Manufacturing, assembly, ~abricating, etc. One space for each two employees in the maximum working shift or one space for each 1, O00 squ~re feet of gross floor area, whichever is greater. (5) The required parking for any two or more uses or structures may? vided by the allocation of the total of the various spaces re~zl each use or structure in a common parking facility, cooperative] lished and operated. The regulations of this section shall not apply to non-resident~ or structures whose minimum parking under the above schedule to five parking spaces or less or residential uses or structures minimum parking would amount to two parking spaces or less. If the Building Inspector is unable to identify a use with one o: the uses in the above schedule, application shall be made to the Appeals for the purpose of determining a sufficient quantity of ] spaces to accommodate the automobiles of all customers, employee: occupants, members or clients consistent with the provisions coni the above schedule. The Board of Appeals may by variance make exceptions to the prov: this section and, upon ~ written request of the o~mer and after hearing, authorize the Luilding Inspector to issue permits for b~ and uses having less off-street parking than specified herein, wi the Board of Appeals finds that under normal circumstances such off-street parking area would adequately provide for the needs of persons using such building. Such exception may be limited as tc use or intensity of use. 4 parking space shall mean an area of not less than 9x18 feet acc over unobstructed driveways. These spaces shall be graded and p~ all except one or two family residential uses. For multi-family dwellings the front yard shall not be used for ,e pro- ed for esta~- uses d amoant whose .more of Board of ~arking ~, visitors, ,ained tn ~sions of public lildings enever esser all time, essible ved for ~rking (7) purposes. (8) In all residential districts the front yard shall not be used fo~ parking for accessory uses. (9) In residence districts parking or outdoor storage of one recreat{onal vehicle (camper, etc.) and one boat per dwelling unit may be permitted in an area to the rear of the front line of the building. All othe~ rec- reational vehicle and boat storage (if any) shall be within closed structures. (lO) Loading facilities provided for any use shall be sized, located, arranged, and of sufficient number to ~l!ow service by the type of vehiclejcustom- arily expected for the use while such vehicle is parked completely clear of any public way or sidewalk. I (ii) In residence districts garaging or off-street parking of not mo~.e than four motor vehicles per dwelling unit may be permitted, of which four motor vehicles, not more than two may be commercial vehicles other th~ passenger sedans and passenger station wagons, but not counting farm trucks nor motor-powered agricultural implements on an agriculturally actJve farm or orchard on which such vehicles are parked. Commercial vehicles ~ excess of one ton capacity shall be garaged or screened from view of residential uses within three hundred feet by either: (a) (b) (c) A strip at least four feet wide, densely planted with trees or shrubs which are at least four feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years, or An opaque wall, harrier, or fence of uniform appearance at least five feet high, but not more than seven feet above finished grade. Such screening sh~]l be maintained in good condition at all times, and shall not be permitted to exceed seven feet in height within re- q,,i~ed side yards. Such screening or barriers may be interrupted by normal entrances or exits and shall not be required within ten feet of a street lot line. Garaging or off-street parking of an additional two commercial vehicles may be allowed by Special Permit. When it is deemed to be in the public good, parking for additional pleasure vehicles may be allowed by Special Permit. 7.2 AUTOMOBILE SERVICE STATIONS AND OTHE~ AUTOMOTIVE SERVICES Automobile service and filling stations, automobile repair shops~ body shops and painting shops, tire stores, radiator shops or any of their appurtenances or accessory uses shall not be erected, placed or located within 50 feet of any residence district or residence structure. ~n addition, the use or structure shall conform to the follo~ring requirements (in addition to district requirements): (1) (z) The minimum frontage on a street shall be 150 feet. The maximum width of driveways and curb cuts measured at the street lot line or lines ahall be 30 feet; the minimum width shall be 20 feet. (3) The minimum distance of driveways, measured at the street lot line or lines shall be as follows: From corner lot line: From interior lot line: From other driveway on same lot: 20 feet 10 feet 20 feet The minimum setback of any building from all street lot lines shall be 40 feet. The minimum setback of gasoline pumps from all street lot lines shall be 12 feet. A raised concrete or granite curb at least six inches in height shall be constructed along all lot lines except at driveway openings. (7) Properties in residential districts or any residence structures an automobile service station or other automotive servide shall from headlight glare by either= (a) A strip at least fotu- feet wide, densely planted with tree~ which are at least four feet high at the time of planting a are of a type that may be expected to form a year-round den at least six feet high within three years, or (b) An opaque wall, barrier, or fence of uniform appearance at feet high, but not more than seven feet above finished grad (c) Such screening shall be m~!ntained in good condition at all shall not be permitted to exceed seven feet in height withi side yards. Such screening or barriers may be interrupted entrances or exits and shall not be required within ten fee street lot line. ~hich abut protected or shrubs ~dwhich se screen Least five times, and ~ required ~y normal ,~eqtion 8 NONCONFORMIN~ USES CONTINUANCE Any nonconforming building, structure or use, as defined herein, which law- fully existed at the time of passage of the applicable provision of this or any prior By-law or any amendment thereto may be continued subject to the provisions of this By-law. Any lawfully nonconforming building or structure and any lawfully nonconforming use of building or land may be continued in the same kind and manner and to the same extent as at the time it became lawfully nonconforming, but such huilding or use shall not at any time be changed, ex- tended 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 other~ ~ise by the North Andover Board of Appeals. A use, or structure housing a use, which does not conform to the regulations of this By-law, but which did conform to ,11 applicable regulations when initially established shall not be changed, extended, or enlarged except in accordance with the following provisions: (1) (2) (3) Such change shall be approved bythe Board of Appeals. Such change shall be permitted only upon the s~me lot occupied by the non- conforming use on the date that it became nonconforming. Any increase in volume, area, or extent of the nonconforming use shall not exceed an aggregate of more than 25 percent of the original use. No change shall be permitted which tends to lengthen the economic life of the nonconformity longer than a period reasonable for the amortization of the initial investment. REBUILDING AFT~t CATASTROPHE Any nonconforming building or structure destroyed or damaged by fire, flood, lightning, wind or otherwise to the extent of sixty-five (65%) percent or more of its reproduction cost at the time of such damage shall not be rebuilt, re- paired, reconstructed nor altered except for a purpose permitted in the zoning district in which such building is locatedt or except as may be permitted other- wise by the Board of Appeals acting under G.L. Ch. &OA. If any lawfully nonconforming building or use of a building or land be at any :time discontinued for a period of two years or more, or if such use or building be changed to one conforming with the North Andover Zoning By-law in the dis- trict in which it is located, it shall thereafter continue to conform. Section 9 ADMINISTRATION ENFORCEMENT By-law shall be enforced by the North Andover The North Andover Zoning Inspector. The Building Inspector upon being informed in writing of a violation of this By-law or on his own initiative, shall make or cause made an investigation of facts and an inspection of the premises where violation may exist. The Building Inspector, on evidence of any viola investigation and inspection, shall give ~ritten notice of such violat owner and to the occupant of such premises, and the Building Inspector mand in such notice that such violation be abated within sUch reasonab as may be designated therein by the Building Inspector. Such notice a may be given by mail addressed to the owner at the address appearing f the most recent real estate tax records of North Andover, and to the o at the address of the premises of such seeming violation. If, after such notice and demand, such violation has not been abated time specified, the Building Inspector or the Selectmen shall institut~ priate action or proceedings in the name of the Town of North Andover correct, restrain or abate any violation of this By-law. 9.11 Building ~ssible to be such lion after Lon to the shall de- te time Id de~nd ~r him on :cupant .thin the ~ appro- o prevent, Buildin~ Permit No building shall be erected, altered, moved, razed or added to i North Andover without a written permit issued by the Building Inspector, Such permits shall be applied for in writing to the Building Inspector, The Building Inspector shall not issue any such permit unless the pl~ for the building and the intended use thereof in all respects fulfill the provisions of the North Andover Zoning By-law (and other applicab~..e town by-laws) except as may have been specifically permitted other~rise by action of the North Andover Board of Appeals, provided a ~ritten ~ opy of the terms governing any exception so permitted be attached to the applica- tion for a building permit and to the building permit issued therefor. One copy of each such permit, as issued, including any conditions ~r ex- ceptions attached thereto, sba11 be kept on file in the office of ~he Building Inspector. In addition to the information required above, a plot plan shall ~dicate provisions for all other physical requirements of this By-law, including but not limited to off-street parking, screening and fencing. Upon granting a permit the Building Inspector shall cause a copy t~ be posted on the property to which it relates in a conspicuous place. Penalty for Violation Whoever violates any provisions of this By-law shall be punished b~ a fine not exceeding $20.00 for each offense. Each day that such vi~lation continues shall constitute a separate offense. -3~- .~.22 BOARD Appointment and Organization There shall be a Board of Appeals of five Members and not more than three Associate Members, which shall have and exercise all the powers provided under G.L. Chapter ~OA, and which shall hear and decide all matters specifically referred to the Board of Appeals' by-the North Andover Zoning By-law and other matters referred to such Board by statute. The Board of Appeals Members and Associate Members shall be appointed by the Selectmen in the manner provided by statute. Basis for Ap~e~l~ An appeal to the Board of Appeals may be taken by any person aggrieved by reason of his inability to obtain a permit from the Building Inspector, or by any officer or board of the town of North Andover, or by any person aggrieved by any order or decision of the Building Inspector or other administrative official in violation of any provision of the By-law. Such appeal sh~]! be taken within thirty days, as provided by Section 16 of Chapter ~OA of the General Laws. Powers of the Board of Appe~.ls The Board of Appeals shall have the following powers: (1) To hear and decide actions and appeals as provided herein. (2) To hear and decide applications for Special Permits and variances which the Board of Appeals is required to act upon under this By-law. SPEQIAL PEPJ4IT The Board of Appeals may grant a Special Permit after public notice and hearing in such cases as are set forth in this By-law, subject to the requirements and procedures set forth herein. Condition for Approval of Special Permit (l) The Board of Appeals shall not approve any such application for a Special Permit unless it finds that in its judgment all the follow- ing conditions are met: (a) The specific site is an appropriate location for such a use, structure or condition. (b) The use as developed will not adversely affect the neighborhood. (c) There will be no nuisance or serious hazard to vehicles or pedestrians. ?-4 (d) Adequate and appropriate facilities will be provided fo) proper operation of the proposed use. In approving a Special Permit the Board of Appeals may attac~ conditions and safeguards as are deemed necessary to protect neighborhood, such as but not limited to' the following: (a) Requirement of front, side or rear yards greater than t~ (b) the such the re min~- m~n required bythis By-law. Requirements of screening parking areas or other parts ~f the premises from adjoining premises or from the street, by!walls, fences, planting, or other devices as specified by the oard of Appeals. (c) Modification of the exterior features or appearances of structure. Limitation of size, number of occupants~ method or time operation, or extent of facilities. Regulation of number, design, and location of access dr: other traffic features. (d) (e) (f) Requirement of off-street parking or other special feat~ beyond the minimum required by this or other applicable TEMPORARY PEP~IT The Board of Appeals may grant a temporary use or occupancy Permit for of not more than one year at a time, subject to a single renewal. Such shall be subject to conditions imposed by the Board related to safeguar the of yes or res by-laws. a ?erio~ peri, its ding the character of the district affected and shall be granted in accordance With bhe procedures provided herein for the granting of Special Permits. i VARIANCE FROM ZONING BY-LAW The Board of Appeals may authorize a variance from the terms of this By, law where, owing to conditione especially affecting a parcel of land or a bMilding but not affecting generally the zoning district_in which it is located,~ literal enforcement of the provisions of the By law would involve substantial hardship, financial or otherwise, to the appellant, and where desirable~elief may he granted ~ithout substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of th~s By-law. In exercising this power, the Board may impose limitations both of time/and of use, and a continuation of the use permitted may be conditioned upon compliance with regulations to be made and amended from time to time thereafter. 9.6 AMENDMENTS TO ZONING BY-LAW This By-law or Zoning Map may be amended from time to time by a two-thirds (2/3) vote at an annual or special town meeting in accordance with the provisions of Section 6 of Chapter 40A of the General Laws. ~.61. Application and HearinE The Planning Board shall hold a public hearing on any North Andover Town Meeting warrant article to amend the Zoning By-law or the zoning map and shall report its recommendations thereon, if any, to the Town Meeting. Each warrant article to change the zoning map shall explicitly state the natur% extent and location of the map change proposed and shall be accompanied by: (1) 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. (2) Also a sketch or other explicit identification of the location of such land in relation to the majority of the rest of the town. Notice of the aforesaid public hearing on a zoning amendment shall be given by publication as provided by statute 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 appear in the most recent North Andover real estate tax records. Action Taken Under Prior By-Law Except as otherwise provided in Section 11, Chapter 40A of the General Laws, the adoption of this By-law shall not affect the validity of any action lawfully taken under the provision of the Zoning By-law in effect prior to the date this By-law becomes effective. ~.63 Effect of SubseQuent Amendments In the case of amendments to this By-law or changes in the districts or the boundaries subsequent to the date this By-law becomes effective, the right to continue the use or maintenance of any building, structure or premises which was lawful when such amendment or change became effective shall not be impaired by any such amendment or change, except as provided in Section 5 of Chapter ~OA of the General Laws. CONFLICT OF LAWS In general, this By-law is supplementary to other North Andover By-laws .affecting the use, height, area and location of buildings and structures and the use of premises. Where this By-law imposes a ~reater restriction ~pon the use, height, area and location of buildings and structures and the!use of premises than is imposed by other By-laws, the provisions of this ~-law shall control. 9.8 VALIDITY The invalidity of any section or provision of this By-law shall not invalidate any other section or provision thereof. TOWN OF NORTH ANDOVER JOIIN J. LYONS, Town Clerk ~LEC'~IOI~I I}EPARTMENT JUSTICE OF THE PEACE TO~q~T 'RUILDII~TG NORTH A~r~O¥~, MASS. 0184~ J uly 18, 1972 CERTIFICATION OF VOTE THIS IS TO CERTIFY that by its action upon Article ll-A of the Warrant for the Special Town Meeting of June 5, 1972 the Town of North Andover voted to amend the written text of the 1956 Zoning By-Law (as heretofore amended from time to time) by substituting in place thereof the "North Andover Zoning By-Law - 1972", an attested copy of which as it was amended and adopted by the Meeting, is hereto annexed. The vote of the Town upon the adoption of the new By-Law was unanimous, except for its adoption of Sections 4.129 and 4.130 thereof, which was by a vote of 390 to 129. BoSton, Mass. ~ August 2, 1972 The foregoing amendment to zoning by-laws adopted under Article ll~A is approved. / -' ~ Attorney General \ Town of North Andover, Massachusetts 1972 PLANNING BOARD CHARLES W. TROMBLY, ,IR., Esq., Chairman DONALD N. KEIRSTEAI~, Vice Chairman FRITZ OSTHERR, Clerk WILLIAM CHEPULIS JOHN J. MONTEIRO Section Section Section Section 3.1 3.2 3.3 ~.1 ~+.2 ~-3 Table 1: NORTH ANDOVF~ ZONING BY-LAW - 1972 CONTENTS PURPOSES DEFINITIONS ZONING DISTRICTS AND BOUNDARIES Establishment of Districts Zoning Map District Boundaries BUILDINGS AND USESPERMITTED District Use Regulations Accessory Uses Access to Buildings Summary of Use Regulations Pa~e 1 2 8 Section Section Section Section 6 6.1 6.2 6.3 6.& 6.5 6.6 6.7 6.8 Table 2: 7 7.1 7.2 8 8.! 8.2 8.3 EARTH MATERIALS REMOVAL DIMENSIONAL REQUIREMENTS Lot Areas Street Frontage Yards (setbacks Building Heights Lot Coverage Floor Area Ratio Dwelling Unit Density Exceptions Summary of Dimensional Requirements SUPPLEMENTARY REGULATIONS Off-Street Parking Automobile Service Stations and Other Automotive Services NON-CONFORMINGUSES Continuance Alteration or Extension Rebuilding After Catastrophe Abandonment 27 29 32 37 Section 9 9.1 9.11 9.12 9.2 9.3 9.~ 9.5 9.6 9.7 9.8 ADMINISTRATION Enforcement Building Permit Penalty for Violation Board of Appeals Special Permit Temporary Permit Variance from Zoning By-Law Amendments to Zoning By-Law Conflict of Laws Validity Page Town ofNorthAndover Zoning By-Law adopted at the Special To~mgeeting of June 5, 1972 (Articles ~]-A and ll-B). Approved by the Attorney General on August 2, 1972~ posted August k, 1972. Section 1 PURPOSES The purpose of this By-Law is the promotion of the health, safety, convenience, morals and welfare of the inhabitants of the town of North Andover, as provided by Chapter 40A of the General Laws of the Commonwealth of Massachusetts, by regulating and restricting the use of land and buildings thereby: 1. encouraging the most appropriate use of land, 2. preventing overcrowding of land, 3. conserving the value of land and buildings, 4. lessening congestion of traffic, 5. preventing undue concentration of population, 6. providing adequate light and air, 7. reducing the hazards from fire and other danger, 8. assisting in the economical provision of transportation, water, sewerage, schools, parks and other public facili- ties, and 9. preserving and increasing the amenities of the town. -1- Section 2 DEFINITIONS 2.1 GENERAL ' For the purpose of this By-law, certain words or phrasesi herein shall be interpreted as follows, except where theI context clearly indicates the contrary: words used in the singular include the plural, words used in the DreseDt tense include the future tense, the wOrd "person" i~clud~s a corporation as well as an ~ndlvldual, the word lot cludes the word "plot" or "parcel", the word "shall" is always mandatory, and the word "used" or "occupied" as applied to any land or building shall be construed to the words "intended, arranged or designed to be used clude or occupied". For the purposes of this By-law, the following words anq terms used herein shall have the meanings or limitation~ of meaning hereby defined, explained or assigned. 2.21 Accessory Use or Structure A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. 2.22 Automobile Repair Shop A building or part of a building in which major pairs are made to motor vehicles, in which heavy machinery is used. 2.23 Automobile Service Station A building or place of business where gasoline, oil and greases, batteries, tires, and automobile accessories are supplied and dispensed directly to, the motor vehicle trade, at retail, and where mino repair service is rendered. 2.24 Body Shop A building, or part thereof, ~sed for structural rie- pairs and refinishing of motor vehicles for remuneration. 2.25 2.26 Board of Appeals The Board of Appeals of the Town of North Andover by the General Laws of Massachusetts. Building A structure having a roof supported by columns or for the shelter, support, or enclosure of persons, animals or property. -2- governed ~alls (Section 2 continued) 2.27 Building Height The vertical distance measured from the mean level of the proposed finished grade at the front of the building to the highest point of the roof, but not including chimneys and spires. 2.28 Building, Principal A building in which is conducted the main or prin- cipal use of the lot on which said building is sit- uated. 2.29 Car Wash An area of land and/or a structure with machine or hand operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles. 2.30 District A district or a zone shall be any portion of the territory of the Town of North Andover within which certain uniform regulations and requirements or var- ious combinations thereof shall be applied under the provisions of this By-law. 2.31 Dwelling Any building or portion thereof designed or used as the residence or sleeping place of one or more persons, except a mobile home and as otherwise provided herein. 2.32 Dwelling, Multi-family A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein (same as "apartment"). 2.33 Dwelling, One-Family A dwelling built singly and apart from any other building and intended and designed to be occupied and used ex- clusively for residential purposes by one family. 2..34 Dwelling, Two-Family A free standing building intended and designed t° be occupied and used exclusively for residential purposes by each of not more than two families (same as "duplex"). 2.35 Dwellin~ Unit One or more rooms, including cooking facilities, and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes. -3- (Section 2 continued) 2.36 2.37 Erected The word "erected" shall include the words "built, "constructed," "reconstructed," "altered," "enlarge and "moved." Famil~ One or more persons occupying the same premises an( living as a single housekeeping unit as distinguis~ from a group occupying a boarding house, lodging h( club, fraternity or hotel. L ~ed fuse, 2.38 Frontage The distance between lot sidelines measured along ~he street line. 2.39 2.40 Guest House A dwelling in which overnight accommodations are p~ovided or offered for transient guests for compensation. JThe term "guest house" shall be deemed to include tour~st home, but not hotel, motel or multi-family dwelling. Home Occu?ation ~ An accessory use conducted in a dwelling by the re idents thereof which is clearly secondary to the ~se of t~e building for living purposes. I 2.41 2.42 Hotel or Motel A building designed for occupancy as the temporary residence of individuals who are lodged with or without meals and in which no provision is made for cookin¢ in any individual room or suite. Loading Bay An opening in a building not less than ten feet in width and 9 feet in height including a platform f~r loading and unloading goods, merchandise or other ~ater- ials. 2.43 Lot An area of land in one ownership with definite boundaries ascertainable by recorded deedor plan. 2.44 Lot, Corner A lot abutting upon two (2) intersection. or more streets at their 2.45 2.46 Lot Lines The property lines bounding the lot. Lot Line, Front The line separating the lot from a street. -4- ~(Section 2 continued) 2.47 Lot Line, Rear The lot line opposite and most distant from the front lot line. 2.48 Lot Line, Side Any lot line other than a front or rear lot line. 2.49 Lot Line, Street A lot line separating the lot from a street or alley (usually the front lot line). 2.50 Medical Center A building or group of buildings designed for the individual or group practice of medicine or dentistry, but not including hospitals or nursing homes. 2.51 Nonconforming Use A building, structure or use legally existing and/or used at the time of adoption of this By-law, or any amendment thereto, and which does not conform with the use regulations of the district in which located. 2.52 Office, Business A primary use consisting of office activities of any type including business and financial office activities (including banks and financial institutions) and pro- fessional office activities. 2.53 Office, Professional A primary use consisting of office activities by a doctor, dentist, architect, lawyer, engineer or other pro- fessional person or persons. 2..54 Parkin~ Area,Private An open area for the same uses as a private parking garage. 2.55 Parking Garage, Private A structure used for the parking of automobiles and available to employees, clients or customers whether for a fee or free. 2.56 Parking Garage, Public Any parking garage, other than a private parking garage, which is open to the public and used for the storage of motor vehicles. 2.57 Personal Service Establishment An establishment providing personal services to the public such as shoe repair, barbering, dry cleaning, etc. 2.58 Place of Worship A church, temple, synagogue, mosque, or other similar place of worship, including parish house, rectory or convent. --5-- (Section 2 continued) 2.59 2.60 Plannin~ Board The Planning Board of the Town of North Andover as by the General Laws of Massachusetts. Public Buildinq or Use A building or use owned or operated by a local, county, state or federal governmental agency. 2.61 Rooming House Any building or portion thereof containing more th~n two and less than ten rooms without kitchen facili? ties that are used, rented or hired out to be occur pied or that are occupied for sleeping purposes for compensation, whether the compensation be paid directly or indirectly. governed 2.62 2.63 Special Permit The words Special Permit where used in this By-lawI shall mean special permit granted as an exception[ under Section 4 of Chapter 40A of the General Laws. Special Permit Use A use of a building or lot or an action upon pre- mises which may be permitted under this By-law only upon application to the Board of Appeals for a | Special Permit and subject to the approval of the Board of Appeals and the conditions stipulated. Street A public way, or a private way open to travel by the general public, or a way shown on a plan of a subdivision theretofore duly approved by the Planning Board. 2.65 2.66 Structure Means a combinatibn of materials to form a construction that is safe and stable; including, among others, buildings, stadiums, tents, reviewing stands, plat- forms, staging, observation towers, radio towers, water tanks, towers, private and public swimming pools, trestles; piers and wharves, sheds, shelters, fences and walls, and display signs; the term structure shall be construed as if followed by the words "or part thereof". Town House An attached house in a row of three or more such h,)uses capable of being sold as an independent dwelling with its own lot, as provided by this By-law. --6-- (Section 2 continued) 2.67 Yard (setback) An open space Which lies between the principal building or group of buildings and a lot line. 2.68 Yard, Front An open space extending across the entire width of a lot between any building thereon and the street lot line of the lot on which such building stands. 2.69 Yard~ Rear An open space extending across the entire width of a lot between the rear of any building thereon and the rear lot line of the lot on which such building stands. Yard, Side An open space between the side line of a lot and the adjacent side of any building thereon, such open space being understood to cover the entire extent between the front yard and the rear yard on such a lot. -7- Section 3 ZONING DISTRICTS AND BOUNDARIES ~. 1 EST,ABLISHMENT OF DISTRICTS The town of North Andover is hereby divided into zoning district~ as follows: Residence 1 District Residence 2 District Residence 3 District Residence 4 District Residence 5 District Business 1 District Business 2 District Business 3 District Business & District General Business District Industrial I District Industrial 2 District Industrial "S" District Mm The zoning districts established by this By-I.aw are bounded as sh entitled "Zoning Map of the Town of North Andover", dated May 12, the same may be adopted by the Town, and as it may hereafter be a map accompanies and is hereby made a part of this By-Law. Any la designated upon said map as being within another zoning district in the "Residence 2 District." ~.~ DISTRICT BOUNd. ARIES Where uncertainty exists as to the boundaries of any of the afore as shown on the Zoning Map~ the Building Inspector shall determin of such boundaries. In reaching any such determination, the Bull may properly rely upon the accuracy of the land-area descriptions the Zoning By-Law adopted by the Town in 1956, and as thereafter as any of them maybe pertinent thereto. designated ~wnon a map 1972, as .ended. Said ~d area not ~hall be with- ~aid districts ~ the location ting Inspector appearing in mended, insofar Section 4 BUILDI~S AND USES PERMITTED 4.1 4.]i DISTRICT USE REGULATIONS General Provisions (i) In the zoning districts above specified, the following designated buildings and alterations and extensions thereof and builSAugs accessory thereto and the following designated uses of land, buildings, or parts thereof and uses accessory thereto are per- mitted. Ail other buildings and uses are hereby expressly pro- hibited, (2) When a lot in one ownership is situated in part in the Town of North Andover and in part in an adjacent town or city, the provisions, regulations and restrictions of this By-Law shall be applied to that portion of such lot as lies in the Town of North Andover in the same manner as if the entire lot were situated therein. When a zoning district boundary divides a lot of record on June 5, 1972 in one ownership, all the zoning regulations set forth in this Zoning By-Law applying to the greater part by area of such lot so divided may by Special Permit be deemed to apply and govern at a~d beyond such zoning district boundary but only to an extent not more than one hundred (100) linear feet in depth (at a right angle to such boundary) into the lesser part by area of such lot so divided. 4.12 4.121 Permit%ed Uses Residence 1 District, Residence 2 District and Residence ~ District. (1) One family dwelling but not to exceed one dwelling on any one lot. (2) Place of worship. (3) Rooming house, 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 (6) inches by twenty- four (24) inches in size, and further providedthatno dwelling shall be erected or altered primarLly for such use. (6) (7) (8) (9) (1o) (12) (13) / Home occupations provided there be no display and no exterior advertising except an announcement sign not to exceed six (6) inches by twenty-four (24) inches and provided thatin any dwelling, such home occupations shall be carried on by not more than five persons of whom at least one shall ?eside in such dwelling. Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall advertise only the rental, lease or sale of the premises upon which they are placed. a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and green houses, j b) On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household petsiof a family living on such lot, and for each additional acre o$ lot size to nine (9) acres the keeping of one additional animal or bird; but not the keeping of any animals, birds, or petsiof persons not resident on such lot. ~ c) On any lot of at least ten (10) acres, the keel number of animals or birds regardless of ownership operation of equestrian riding academies, stables, and poultry batteries. d) The sale of products raised as a result of the on the subject land. Swimming pools in excess of two feet depth shall be a structure and permitted provided such pools are e suitable wall or fence at least four feet in height mined by the Building Inspector to prevent the entr sons other than those residing at the pool location provided that such pool~are located to the rear of b,,~lding line of the house and no closer to a side line than ten (10) feet. ~useumso ~ing of any and the stud farmst above uses considered aclosed by a to be deter~ ance of per- and further f, he front ior rear lot Educational facilities. Public building and public service corporations (Special Permit required), but not including public works garages. Golf course. Swimming and/or tennis clubs shall he permitted ~ith a Special Permit. Cemetery. ~122 Nursing and Convalescent home - see dimensional requirements of Table 2 - (Special Permit required.) Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use s~ll. be not injurious, noxious, or offensive to the neighborhood. , ~esid2nce,4 District (1) One-family dwelling. (2) Place of worship. Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in a dwelling so used, provided there be no display or adver- tising on such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty-four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. Home occupations provided there be no display and no exterior advertising except an announcement sign not to exceed six (6) inches by twenty-four (24) inches and provided that in any dwelllug, such home occupations sh~11 be carried on by not more than five persons of whom at least one shall reside in such dwelling. (5) Real estate signs not to exceed twenty-four (2~) inches by thirty-six (36)inches in size which shall advertise only the rental, lease or sale of the premises upon which they are placed. (6) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and green houses. b) On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such let, and for each additional acre of lot size to nine (9) acres the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. (7) (xo) SwimsL~ pools in excess of two feet depth Sb-ll be considered a structure and permitted proFlded such pools are enclosed by a suitable w~ll or fence at least four feet in heisht tO be deter- m~nod by the Buildinf Inspector to prevent the entronee of persons other th-- those resi~ at the pool loceticet ~d further proFlded that such pools are located to the rear of the front II~1d4~, of the house and no closer to a side or reor lot ~ ?.h_~, ten (10) feet. MLLSSU~So Educatimal facilities. Public b,4]~ 8nd public service corporatica use, ($pecial Peru~t req,,~ed), but not includtn~ public works fare~es. ~olf cou3~ss. Swiuninf m~/or tennis clubs shall be peru4tted w~th a spee/81 Peru~t. CemeterT. Duplex or two-fatal17 dwel//n~ includ~n~ tho r%Eht to '!coaverb b,,41~4~_- to accounodato more than two dwol3/~ ,m'ts by Special from the Board of Appeals subJeet to the fellowJ~ re~,l-tzLonst A. ~, ~he ~onvere~on re~ulatious sh-~ ~ to but/d~ or b-4l~-gs under the ounorsh~p of one S4,,~'~,~ Persm, The partn~sbip or eorporetie~ converted for use as & iresidonce buildJ~ for three or more femikLee, livin~ independently of each other in apartments moetin~ requirements of ~ho State Statutes end He&lth and B-41d4,~5 codes. As used ~ th~ ord~n_~u_cs the word 'room" shall not include bathrooms. = AppLicati~ for peruits to cc~veri Ishe11 be made prescribed by the Board of Appoals. ~Sa.%d application sh~!'t be made to the Zo,,4Bg Board of Appeals. app~ ~ cation sb_~ 2. The owner,s address. 3. The ~--ee of the adJoinin~ beumdar7 ~dnere of ~he subject pr-m~ ee8. A isis1 description of the p~MELses. 5. The aunber of units, the typo and room composiZion of those applied for. 6. Number of rooms proposed for each unit. and parkin~ areas, exLstSng domeet~Lceewerstc~tY water m~__ proposed storm wator dispo8ol, certified by a re~istered ~ ;-~ surveyor or profeesio~;] eniineer as to tho number of sq-~o feet contm4n~d therein. 8. Description of the real property interest the applicant holds in the premises. 9. Description of c~nstruction materials proposed to be used. lO. Such other ~ormation as the Zoning Board of Appeals may require for the protection of public health and safety. 11. A detailed architect's plan sho~ing proposed changes ~ith specifications. C. ¢c~iitions precedent to ~rantin~ of ~er~it: ~o special per,it ShAl~ be issued mtlees the follow~ng requirements have been met~ Land Area: The mtn4m,., land area required per converted dwelling unit shall be~ a. Efficiency or studio apartments ............... 1,500 square feet per unit b. Apartments of not more than one bedroom ..... 2,000 square feet per unit c. A~ts of not more than two bedrooms .... 3,000 sq,,Are feet per unit d. Apartments of three or more bedroems ........ ~,~00 sq;,are feet per uait · otwithat~ the foregoing, the permitted minimum lot area per structure so co~ver~d ~ he not less than twelve thousand five hundred (12,500) sq,,~e feet, and the street frontage width of such lot shall be not less than one hundred (100) feet~ ~u- less otherwise alloyed ~' the Board of Appeals. 2. Park~-~: Off-street park~ug shall be provided and located be- hind the front line of the converted b-~l~-8 not nearer than t~enty feet to _~-y property lime other th-~ a street liae according to the following minimum etar~_-ards: a. One and one-half (1~) parking spaces per unit up to fifty' units. TWo parking spaces per unit for each unit in excess of fifty umits provided that if more than fifty units are planned there shall be an additio~A~ number of spaces over and above the req,,~ed two spaces per ,m~t equal to fifteen (15) per cent of the total number of apartment units. b. Ail main access and egress rondways ~ithin the development shall be thirty feet wide with no parking adJoiaiag the roed~ays. No =-~ roadway shall be less than teenty feet. c. A parki~ space sh-~ be net less than 10 feet 57 20 feet. d. In parallel parking areas there sh;~! be t~enty feet of driveeay and back-up space between each parallel line. Construction: No ~aJor exterior structural changes shall be made except such as codes or by Massachusetts General La~s. Dee~n~ a. No room ia a~ apartman% shall be less than lO0 square feet in area. Over--~l] area of units must not be ~ss than~ Efficiency... · ....... .. ............... ~0 square feat O~e bedroc~ ........................... 600 sc~aare feat T~o bedr~o~ ............. · ............. ?~0 square feet Three bedroom... ...................... 1, O00 sq~,_~e feet For each bedroom ia additioa to three there shall be an additic~ml 200 square feet per a~t. b. For conversions to ~mlti-family deelling wherei the units exceed 12, there shall be provided outdoor rec~eatio~ areas with recreational fac~litiee. The en~hnum aim of said recreation areas sh,~ll be 1,000 square feet peF unit up to 40 units and ~00 square feet for each unit over kO, unless other~se ~! lowed by the Board of Appeals. SP~cifica)ly exempted from this proviaien are ~ne bedroom ,,p~t Housing for Elderly. All pari~h~ areas Sh~l~ be suitably paved with bitmdnous or concrete material, with ber~ed curbing. In~ividual parking spaces shall be separated by stripes.--~'-i Pre-cast or steel bumper stops shall be placed at each dea~gnatod park~-~ Over-all site preparation sBall be ,w~er the ~' ~ection of a qualified registered professional engineer. In a~ conversion, all areas not built upon s~ ~1 be suitably landscaped mo as to eahance the aesthetic Ject · Each a~e~t unit shall be provided with a s';orage pardmont of not less than 10~ of the floor area of each apartmeat. St~ays lee~ to the second or any high flOOr shall be e~closed. $e~.rs.' Fer conversion, domestic sanitary se~ers of the to~n must be awt~able for connection to the converted b,,t~mg. Water: Public ~ator supply must be available for cennection to the converted b~a~,~. There shall be within the development a suitable number of fire hydrants to satisfy the requirements of the Fire Chief but ia no event more than one for each 20 units sb~ be Town Houses. Guest or rooming houses. Nursing andconvalescent homes (Special Permit required). See dimensional requirements of Table 2. Any accessory use customarily incident to sny of the above per- mitted uses, provided that such accessory use shall be not in- jurious, noxious, or offensive to the neighborhood. Residence ~ District (1) (3) (4) (5) (6) One-family dwelling. Place of worship. Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in a dwelling so used, provided there be no display or advertising on such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty-four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. Home occupations provided there be no display and no exterior ad- vertising except an announcement sign not to exceed six (6) inches by twenty-four (24) inches and provided that in any dwelling, such home occupations shall be carried on by not more than five persons of whom at least one shall reside in such dwelling. Real estate signs not to exceed twenty-four (24) inches by thirty- six (36) inches in size which shall advertise only the rental, lease or sale of the premises upon which they are placed. a) Farming of field crops and row crops, truck gardens~ orchards, plant nurseries, and green houses. b) On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. 4.124 , (7) (~) (9) (lO) (ii) (i~) (i3) (i~) (i~) (i6) (i7) (i~) (20) (zi) / Swimming pools in excess of two feet depth sh, l l be Considered a structure and permitted provided such pools are enclosed by a suitable w, l l or fence at least four feet in height ~o be deter~ mined by the B,,il~t~g Inspector to prevent the entrance of persons other than those resi~ng at the p~ol location and fUrther provided that such pools are located to the rear of the front building line of the house and no closer to a side or rear lot line than ten feet. MUS e~u~ s, Educational facilities. Public b,,tlding or use and public service corperatioas (Special Permit required)~ but not including public works garages. Golf course. Swimming and/or tennis clubs shall be permitted withl a Special Permit. Cemetery. Town houses. Guest or rooming houses. Nursing end convalescent homes (Special Permit requital). See dimensional requirements of Table 2. Multi-family dwellings. Professional offices on the ground fl~or of multi-fro structures. (Floor area utilized for offices shall ~ total floor space ordinarily permitted for residenti~ propurtional basis. Each 1, O00 square feet or part t such floor space shall reduce the permitted number o~ unit s by one.) Hotel or motel (Special Permit required). Parking, indoor storage and other accessory uses asscciated with the above uses, provided that such accessory use shall not be injurious~ noxious, or offensive to the neighborhood. lily dwelling educe the 1 use on a hereof of dwelling Business 1 District (1) Retail establishments. (2) (3) Personal service establishments. Professional offices, banks, real estate offices and insurance offices. Eating or drinking uses may be permitted only as a secondary use within a permitted primary use. -16- (5) Place of worship. (6) Nonprofit school. (?) Public building or use and public service corporation. (8) Art gallery. (9) Residential use. (lO) (ll) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. Swimming and/or tennis clubs shall be permitted with a Special Permit. Parking, indoor storage and other accessory uses customarily associated with the shove uses, provided that such accessory use shall not be injurious, noxious or offensive to the neighborhood. Business 2 District (1) Retail establishments. (2) Personal service establishments. (3) Professional offices, banks, real estate offices and insurance offices. (~) Business and other offices. (5) Public building or use and public service corporation. (6) Art ge~lery. (7) (9) (lo) (20) Swimming and/or tennis clubs sh~11 be permitted wit~ Permit. a Special Place of worship. Eating and drinking establishments. Nonprofit school or private school for profit or muspma. Indoor place of amusement or assembly. ~ Automobile service station (limited to one in each 2,0OO linear feet of street or highway as measured along centerline). Medical center, clinic or medical laboratory. Funeral parlor. Multi-family dwellings and town houses (with Speciall Permit). Public Parking garage. Taxi depot. Printing and reproduction. a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On any lot of at least three (3) acres, the keepmg of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family Living on such lot, and for each additional acre of lot size to nln~ (9) acres the keeping of one additional animal or bird; but no' the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the Operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. Residential use where such use is not more than 50 percent of the total floor space in the structure. Parking, indoor storage and other accessory uses associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood~ Business ~ District (1) Retail establishments. (2) Personal service establishments. (3) Professional offices, banks, real estate offices and insurance offices. (~) Business and other offices. (5) Public build~ng or use and public service corporation. (6) Art gallery. (7) Swimming and/or tennis clubs shall be permitted with a Special Permit. (8) Place of worship. (9) Eating and drinking establishments. (10) Nonprofit school or private school for profit or museum. (11) Indoor place of amusement or assembly. (12) Automobile service station (limited to one in each 2,000 linear feet of street or highway as measured along centerline.) (13) Medical center, clinic or medical laboratory. (14) Funeral parlor. (15) Public parking garage. (16) Taxi depot. (17) Printing and reproduction. (18) Research and deyelopment facilities. (19) New car sales but not to include outdoor car sales lots accommo- dating more than ten used cars. (20) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On any lot of at least three (3) acres, the keeping o£ a total of not more than three (3) of any kind or assortment o£ animals or birds in addition to the household pets of a family living on such lot, and for each additional acre o£ lot size to nine (9) acres the keeping of one additional animal or bird~ but not the keeping of any animals, birds, or pets of persons not resident on such lot. 4.1 7 c) number of animals or birds regardless of ownership operation of equestrian riding academies, stables, dairy farms, and poultry batteries. On any lot of at least ten (10) acres, the keeping of any md the ~tud farms, d) The sale of products raised as a result of the ~bove uses on the subject land. . Parking, indoor storage and other accessory uses as the above uses, provided that such accessory use sh injurious, noxious, or offensive to the neighborhoo Business ~ District (9) (lO) (12) 3ociated with ~11 not be Research and development facilities. Business, professional and other offices. Limited retail, personal service and eating and drinkinguse shall be permitted in an amount not to exceed five percent of total gross floor area of the principal uses. Place of worship. Nonprofit school or private school for profit or mu~eum. Public building or use and public service corporati~,ns. Hotel or motel (limited to one in each 2,O00 linear.feet of street or highway as measured along centerline). Medical center, clinic or medical laboratory, i Nursing and convalescent homes. See ~mensional requirements of Table 2. Art gallery. Swimming and/or tennis clubs shall be permitted with a Special Permit · Printing and reproduction. a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family i living on such lot, and for each additional acre of lot size to nine (9) acres the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resid,~nt on such lot. -20- c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. Parking, indoor storage and other accessory uses associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. i4.128 General Business District (1) Retail stores and wholesale stores, salesrooms, funeral parlors, showrooms or places for any professional, artistic or mercantile activity, not involving manufacturing, also retail bakeries or retail confectioneries. Banks, offices and municipal, civic or public service buildings such as post office, telephone exchange, town offices, school, library, museum, place of worship, local passenger station. (3) Hall, club, theatre or other place of amusement or assembly. Automobile service and filling stations, automobile storage and rep~t~ garages including automobile body repairs and painting, and automobile sale agencies for new and used cars provided there be not displayed or stored outdoors on such premises more than twenty-five (25) automobiles or other vehicles. (5) Restaurant, dining room or lunch room. (6) Residential use where such use is not more than 50 percent of the total floor space in the structure. (?) Any accessory use customarily incident to any of the above per- mitred uses, provided that such accessory use shall be not in- jurious, noxious, or offensive to the neighborhood. Industrial 1 District (1) Research and development facilities. (2) Business, professional and other offices. (3) Limited retail, personal service and eating and drirakinguse shall be permitted in an amount not to exceed five percent of total gross floor area of the principal uses. (?) (lO) (ll) Place of worship. Nonprofit school or private school for pre fit. Public building or use and public service corporation. Medical center, clinic or medical laboratory. Art gallery or museum. Swimming and/or tennis clubs sb~l 1 be permitted with Permit. a Special Printing and reproduction. Helistop (defined as a landing arum take-off place for a helicopter but not including facilities for storage or major repair of heli- copters). Special Permit required. (12) Light manufacturing including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise, provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious,i detrimental or dangerous to surrounding areas or the town by reaso~ of dust, smoke, fumes, odor, noise, vibration, light or other adverse envirom~ental effect. (13) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and green houses. b) On any lot of at least three (3) acres, the kee~ing of a total of not more than three (3) of any kind or assortmen$ of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres the keeping of one additional animal or bird; but net the keeping of any animals, birds, or pets of persons not resident on such lot. (is) c) On any lot of at least ten (10) acres, the keePing of any number of animals or birds regardless of ownership and the i operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. Warehousing and wholesaling shall be permitted only las a secondary use. Golf course. Parking, indoor storage and other accessory uses cu: associated with the above uses, provided that such shall not be injurious, noxious, or offensive to th~ ~tomarily ~coessory use neighborhood. ~.!~0 Industrial 2 District (1) Research and development facilities. (2) Business, professional and other offices. (3) Limited retail, personal service and eating and drinking use shall be permitted in an amount not to exceed five percent of total gross floor area of the principal uses. (~) Place of worship. (5) Nonprofit school or private school for profit. (6) Public building or use and public service corporation. (7) Medical center, clinic or medical laboratory. (8) Art gallery. (9) Swimming and/or tennis clubs shall be permitted with a Special Permit. (10) Recreation areas (Special Permit required). (11) Printing and reproduction. (lZ) Helistop (defined as a landing and takeoff place for a helicopter but not including facilities for storage or major repair of heli- copters). Special Permit required. (13) Light manufacturing including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandiser provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental or dangerous to surrounding areas or the town by reason of dust, smoker fumes, odor~ noise, vibration, light or other adverse envirommental effect. (1~) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres the keeping of one additional animal or bird; burn or the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. (15) (16) (17) (~) (xg) (20) (~) (22) (23) d) The sale of products raised as a result of the a~ve the subject land. Warehousing and wholesaling. Golf co%la'se, uses on Lumber or other b-~ldingmaterials storage or sales,;fuel storage, or contractor's yard, provided all outdoor uses are ~nclosedby a fence of five feet or more in height. Bus garage. Automobile service station (limited to one in each 2~000 linear feet of street or highway as measured along centerl~e). Car wash. i Automobile or other motor vehicle repair, provided all activities are within an enclosed building. Veterinary hospital and kennels, provided all activities are within an enclosed building. Parking, indoor storage and other accessory uses customarily associated with the above uses, provided that such a~cessoryuse shall not be injurious, noxious, or offensive to thoi neighborhood. Industrial "S" District ('~) (2) O) (4.) (5) (6) ('7) (8) Research and development facilities. Business, professional and other offices. Place of worship. Nonprofit school er private school for profit. Public building or useand public service corporation. Printing and reproduction. Light manufacturing including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise, other commercial non-retail activity, provided such uses are con- ducted solely within a building and further provided~that such uses are not offensive, noxious, detrimental or dangerous;to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. Premises of a bank, post office, telephone exchange er telephone business office, local bus passenger station or business office buildings. By special permit, an automobile serviceland filling station, a diner, a restaurant, a retail food store, ibut no other retail stores of any kind. 0I Warehousing and wholesaling. Lumber or other building materials storage or sales, fuel storaget or contractor's yard, provided all outdoor uses are enclosed by a fence of five feet or more in height. (11) Bus garage. $?2 ACCESSORY USES (1) Accessory uses, as defined herein, shall be on the same lot with the building of the owner or occupant, and shall be such as do not alter the character of the premises on which they are located nor impair the neighborhcod. Where manufacturing of any kind is allowed as an accessory use, it shall be restricted to such light manufacturing as is incidental to a permitted use and where the product is customarily sold on the premises by the producer to the consumer. ACCESS TO BUILDINC~S No private way giving access to a building or use not permitted in a residential district shall be laid out or constructed so as to pass through a residential district. Table 1 SUmmARY (~ USE REGULATIONS Permitted Use Res. Res. & Res. A_~ricultural Use1 Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Ar~ Gallery ~o NO NO Yes yes Yes Yes Yes Yes Yes No Auto service station1 No No No No yes~ Yes~ No Yes~ No Yes~ lISP Auto & vehicle pair, bo* shop No No No No No No No Yes No Yes !i No Bus ~ara~e Ns No No No No No No Yes NO Yes :iYes ~s & other No No No Nol Yes Yes Yes Yes Yes Yes Yes Car wash Re No NO No Ho Mo No Yes No Yes Re Cemuete~ Ies Yes Yes No No No No No No No No ~%~i~Lng No NO No1 No1 Yes Yes No1 Yes No1 NOl SP Funeral parlor NO No No No Yes Yes ,.~ Yes No No No Golf course ~es Yes Yes No No No No NO Yes Yes Yes Guest house No Yes Yes No Ns NO No No NO No No Helistop No No No No Ns NO No No 9P SP No ~n~°~rP~n~f~amuse' No No No No Yes Yes No Yes NO NO No Manufacturin~1 No No No No NO No NO No Yes Yes Yes Medical center1 No No No No yes Yes Yes Yes ~es Yes ;No ~otel or hotel No No SP No NO No Yesj N~ No No i No ~t~.~t~w'l~-~ No .e Yes ReZ SP No No No No No ~NO New ear seles1 No No No No No Yes NO Yes No No No Non~refit school ~es Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes IA~.~.~el' ~ s~ ~ Re No No ~es No NO No ~ No One-famil~ dwellin~ Yes Yes Yes No No NO No No No No NO {~/~c, Re No soI ~es Y~s ~es soI ~es No~ ~o~ No~ Place of worship Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 'Yes ~& repro- ~o NO No No Yes Yes Yes Yes Yes Yes Yes ~v~hooi Yes Yes ~es Re Yes Yes ~es Ye~ Yee Yes Yes Pro£essiorm~ oZ~ices Re~ Noi Yes~ Yes Yes Yes Yes Yes Yes Yes Yes ~bu3~ building SP SP SP Yes Yes Yes Yes Yes Yes Yes Yes ~ecreation areas SP SP SP SP ~ SP SP ~P SP SP Nc Retail establishment ,%3 No No1 Yes Yes Yes No~ Tes1 NOl No1 No1 Roomin~ house yes1 Yes1 Yes1 NO NO No NO No No No NO Taxi de~ot No No No No Yes Yes NO Yes No No No Town houses No Yes Tes No SP NO No No No No Two-famil~ d~el~,,~, No Yes Yes No NO ~o No No Re No No ]~,~u~ hospitai NO No No NO NO No No No NO Yes No t~ '~ No No Re No No No No ~es No~ Y.s Yes 1 See detailed district use regulations. SP - with SpeciaiPermit onl~. NOTE: This chart is £or summary informational purposes only and is not a substitute for the detailed district use regulations contained in Section & of this By-law. -26- Section 5 (2) EARTH ~T~IALS REMOVAL 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 pro- hibited except such removal as may be authorized in any zoning district by a permit issued by the Board of Appeals and except such removal as is permitted by paragraph (3)- No such permit shall be issued except upen written application therefor 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 concerned, indicating 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 locations of existing public and private lands nearest to such land. Notice of said public hearing shall be as provided by law an~ shall be paid for by the petitioner. A copy of any permit granted hereunder by the Board of Appeals, stating all of the conditions imposed, if any, including but not limited to ]4~ita- tion of such removal in: (a) (b) (c) (d) (e) (f) (h) extent of time, area and depth of excavation, steepness of slopes excavated, distance between edge of excavation and neighboring properties or ways, temporary or permanent approved drainage, the posting of security or bond, the replacement of not less than six (6) inches of top-soil over the whole of any area from which earth materials are removed where the location of such removal is afterward to become a residential sub- divisiont or, in the case of continuing sand or gravel pit operations in one general locus, recovering the finished cut banks with a minimum of four (~) inches of top-soil; Or a copy of the denial by the Board of Appeals of any application for such, stating the reasons for such denial, shall be mailed forthwith by the Board to the parties in interest, including also the Planning Board and the Building Inspector. 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 allow- able structures for which building permits have been issued, or for the purpose of constructing ways in accordance with lines and grades approved -27- by the Planning Board or by the Board of Appeals or for the constructing utilities or other engineering works for public for the purpose of leveling an area for an acceptable reside division. Nor shall this regulation be deemed to prohibit t of sod, loamt soil, clay, sand, gravel or stone from one par tract or parcel of land to another part of the same lot, tra of land in the same ownership. .3urpose of service or 3rial sub- ~e transferral ~.of a lot, .t or parcel ~ Section 6 ,pIMENSIONAL EEQUIREMENTS Minimum lot areas for uses in each district sh.ll: be as set forth in Table 2, Summary of Dimensional Requirements, which is hereby made a part of this by-law. (1) In determining the fulfillment of the minimum area and minimum street frontage of lot required in any zoning district, there shall not be in- cluded 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 l~ne not more than seventy-five (75) feet in length connecting other lines bounding such lot which if extended would intersect, the area and frontage required in such lot shall be computed as if such potentially intersecting lines were so extended; but if a curved line more than seventy- five (75) feet in length is the whole of any one boundary l~ne of a lot, the minimum area and minimum frontage required shall be determined entirely within the lines bounding such lot, including such curved line. No lot, upon which is then located any buildings or with respect to which a permit has been issued and is then outstanding for the erection of any building, shall be subdivided or reduced in area in any manner unless said lot shall thereafter fulfill the lot area, street frontage and yard space requirements of this By-law except as may be permitted otherwise by the Board of Appeals. If land be subdivided, conveyed, devised or otherwise transferred in violation hereof, no building permit or other permit shall be issued with reference to any of the land so transferred or to the lot (s) retained until all of such land and lots meet the requirements of this Zoning By-law. An~ land taken by eminent do~Mn or conveyed for a public purpose for which the land could have been taken shall not be deemed to be transferred in violation of the provisions hereof. 6.2 . ST~ FRONTAGE Minimum street frontage shall be as set forth in Table 2. In no case shall factual street frontage at the street line be less than75 feet. Corner lots shall be required to have the required frontage only on one street. ,, ,(S ACr, S) I Minimum front, side and rear setbacks shall be as set forth in Table 2. Buildings on corner lots shell have the required front setback from both streets except in Residence ~ District where setback from the side street sh~11 be 20 feet minimum. ~.~,., BUILDING HEIGH~ Maximum heiEhts of buildings shall be as set forth in Table 2. is defined in Section 2. "~,t 1 ding height" / The foregoing l~mttatie~s of height in feet in the zoning districts designated $mll IIOt apply to farm B,,41~4-E~ ~n farms of not less than tan (10) acres area, nor Shell they apply to cB4=~eys, veatilators, e~lights, t~n~,s, bulkheads, pent- houses, processing to.ers and other accessory structural features usually erected at a height greater them the mat~ roofs of any b,,tl~t-gm, nor to demos, bell towers or spires of churches or other b-ti&t-Es, p~evided mil such features are in no way used for living purposes, and further provided that no such structural feature of any non-manufacturing building shall exceed a height of ieixty-five 158~t feet fron th. ground nor ora ~anufacturing building a hsight,of eighty-five feet fro~ the ground excap~ by per~issian of the Board of Appeals acting under G.L. Oh. ~OA. HA-~mGB lot coverage by b,,~ld~nE~ shell be as set forth in Table 2, L~t c~erage shall mean the percent of the lot covered by principal and accessory structures. 6.6 i N~ floor area ratio (FAR) sl~l be as set forth in Table 2. FAR is the ratio bet~ean the total amount of building fleer area an all usable fleers and the area of the lot an which it is located. 6.7 mm~.,.~ UNIT DE~SIT~ Maximum dwe11~-g u~t de~ty (~ ~t8 ~ ac~) ~ ~ ~ set fo~ ~ Table 2. 6.8 CU,T'ZO S (1) The residential lot areas and fro~$~gse above required and Xi~ted in Table 2 shall not apply in any residence district to a~ let of less area or less frontage than above required if such lot be not adjoined !by other land of the same o~er, available for combination with or use lin connection ~ith such lot, provided that the applicant for a building permit c~ a~ such lot 8holl show by citatio~___~ fr~n the Essex Co~ty Registry of Deeds incorp- orated in or attached to such applicotio~ that such lot was la~lly laid out and duly recorded by pl~ or deed prior to the effective date of this By-Law and provided that on such a lot there sb-l~ be kept open ond not built upon a front yard ar~ a rear yard each not less than 20 ifeet deep, and t~ side yards~ each not less than 12 feet wide. ~ Xn Residence ~ Districts only, t~o or more vacant lots, mut,,-~!~y edJoi~-g, amy with a Special Per.it fro~ the Board of Appeals be permitted to be combined into a now let or lots of not less than 10,000 square feet area each, and with not less than 100 feet street frontage, provided it be shown to the Board of Appeals that each of said vacant lots before combination was of less area or less frontage than required herein and, bM citations from the Essex County Registry ef Deeds, that each such lot was lawfully laid out and duly recorded by pl~. or deed prior to tho effective date of this By-Law and the Buil~4~g Inspector 8~-~ per. it the co~structian of one single family dwelling on each such 10,000 square foot let. Notwithstanding any other provision of law, no amendment to this Zoning By-law shall apply to or affect the size, shape, or frontage of any lot shown on a plan of a subdivision as defined in Section 81-L of 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 ~l prior to such Zoning By-law amendment, for a period of seven years from the date of final subdivision approval by the Planning Board of such plan or until any such lot is divided, whichever occurs first, without the consent in writing of the owner of such lot. -31- Table 2 tUtelARY OF DIMENSIONAL REQUIREMENTS 1 Res. 2 Rea. 3 Rea. &6 IRes. 56,7 Bus. 1 Bus. 2~" Bus. 3 Bus. & ~sla ~nd. I Ind. 2 Ind. 5. Res. ~ot Area-m Ln%-~ ~ide setback- {ea~ seZback- nin~ (ft.2 30 30 30 30 30 302 302 ~ ~0 ~2 ~ ~ ~02 aax~m~5°t ' C°vxra~ N/A )ensity- N/A N/A N/A a/l Multi-f~ N/A N/A N/A N/A N/A N/A N/A N/A 7 Front setback shall be a minimum of 1CD feet along Route 114, regardless of district, and 100 feet alc ag Route 125 in Industrial 1 and 2 Districts{ the first 50 feet of front setback under this requirement shall be pi anted and landscaped and no parking shall be permitted. Adjacent to residential districts, an additional 15 foot side or rear setback shall be provided. Thif additional setback area shall be maintained open and green, and suitably landscaped, unbuilt upon, unpaved and ur parked upon. In the Business 2 District the side yard requirement may be eliminated when two adjoining property o~r, ere agree to share a party wail. Adjacent to residential districts (including those in bordering towns), an additional 50 foot side or Irear setback shall be required. This additional setback area shall be maintained open and green, and suitably landscaped, un- built upon, unpaved and unperked upon. If an enclosed parking structure is provided, lot coverage may be increased up to the amount of such arking area but not to exceed a total coverage ef Minimum lot size for a townhouse complex shall be &3,560 square feet although individual to~elhouee lot may be a minimum of 3,O~O square feet. Minimum let size for an apartment complex shall be 60,000 square feet. Dimensional regulations for townhouse complexes shall meet the requirements of the Residence 5 Distri¢ ~{ individual townhouses within the complex~ however, shall be regulated as follows: Minimum Street Frontage: 1S feet Minimum Rear Setback: 30 f~et Minimum Front Setback: 30 feet Maximum Floor Area Ratio: 1.20:11 Minimum Side Setback: none required where a party wall is Maximum Lot Covarnge: 35~ constructed between units{ otherwise Maximum Number of i a 25 foot side eetback shall be Contiguous Units: 10 provided. The following additional requirements shall apply when apertmente or townhouee cumplexee are constrac~d in this district: (a) There shall be a paved driveway or paved walk adequate to accommodate emergency vehicles within ~O feet of the (b) (c) outside entran6e of each dwelling unit. Any road providing access to townhoueee or lots intended for townhousac shall conform to the subd regulations of the Planning Board. Any road er driveway providing principal access to more than 18 apartment dwelling units or mare spaces shall conform to appropriate provisions of the subdivision control regulations aa if it we residential street. Before issuing a building permit in such cases the Building Inspector shall from the Planning Board on the extent of such conformity. LViSion control khan z4 parking )brain a rmpert (d) Maximum height (apartment building): &O feet. (e) Maximum stories of living quarters (a~artment building): 3. (f) Maximum ,mits per structure (apartment building): 15. In Residence & Districts only, front setoack may be the average of all front setbacks of dwelling uni s within 250 feet on 'either side of lot. Nursing and convalescent homes shall have at least 600 square feet of lot area per bed. Minimum lot ~iee for such homes in RI, R2, and R3 districts shall be 2 acres. -32- ~ec~tion 7 SUPPLEMENTARY REGULATIONS Whenever a building is erect~ed, reconstructed, moved or expanded so as to increase its floor area and/or design capacity, there shall be provided on the same lot with such building or on a lot contiguous thereto (or within 100 feet thereof) in the same ownership as the parcel cont-~ing the primary use, a sufficient number of open or covered parking spaces to satisfy the requirements of the following schedule for the new building or increased design capacity of floor area: ~se Minimum Spaces R.e.q,,~ed One or two-family residence. One space per dwelling unit. Three or more family residence ~including apartments). 1.50 spaces per dwelling unit of two or more bedrooms. 1.25 spaces per dwelling unit of less than two bedrooms. 0.50 spaces per dwelling unit for units designed and occupied for the elderly under government assisted programs. Ail other places with sleeping accommodations including rooming ~uses, hotels, motels, hospitals, nursing homes, etc. One space per sleeping room for single or double occupancy. (If occupancy ex- ceeds tm per room~ one space per two bed: shall be provided.) Auditoriums, theaterst athletic fields, faneral parlors, and other places of assembly. One space for each four persons based on design capacity of the facility. Restaurants and other eating and drinking places. One space for each three seats. Retail store and service establishments. Six spaces per ltO00 square feet of net ground floor area (excluding storage area~ except five spaces per 1,000 square feet of net ground floor area (excluding stor~ area) in Business 1 and 2. In addition, one-half the requirement for uses on the first story shall be reT,1wed for each additional story. Offices, research facilities. Three spaces per 1,000 square feet of net floor area (excluding storage area). Warehousing, wholesaling, ~istributing. One space per 1,000 square feet of gross floor area. Nanufacturing, assembly, fabricating, etc. One space for each two employees in the maximum working shift or one space for each 1,0OO square feet of gross floor area, whichever is greater. The required parking for any two or more uses or structures [may be pro- vided by the allocation of the total of the various spaces ~equired for each use or structure in a common parking facility, cooperatively estab- lished and operated. The regulations of this section shall not apply to non-residential uses or structures whose minimum parking under the above schedule would amount to five parking spaces or less or residential uses or structures whose minimum parking would amount to two parking spaces or less. i (~) If the Building Inspector is unable to identify a use with ~ne or more of the uses in the above schedule, application shall be made t~ the Board of Appeals for the purpose of determining a sufficient quantit~ of parking spaces to accommodate the automobiles of all customers, employees, visitors, occupants, members or clients consistent with the provisionsl contained in the above schedule. (5) The Board of Appeals may by variance make exceptions to the Provisions of this section and, upon a written request of the owner and after a public hearing, authorize the ~milding Inspector to issue permits for build~_~gs and uses having less off-street parking than specified herein, whenever the Board of Appeals finds that under normal circumstances a~ch lesser off-street parking area would adequately provide for the needs of all persons using such building. Such exception may be limited as to time, use or intensity of use. (6) A parking space shall mean an area of not less than 9x18 fee~ accessible over unobstructed driveways. These spaces shall be graded and paved for all except one or two family residential uses. 'I (7) For multi-family dwellings the front yard shall not be used ~or parking purposes. I (8) In all residential districts the front yard shall not be used for parking for accessory uses. I (9) (10) (ll) In residence districts parking or outdoor storage of one recreational vehicle (camper, etc.) and one boat per dwelling unit may belpermitted in an area to the rear of the front line of the building. All ether rec- reational vehicle and boat storage (if any) shall be within Closed structures. Loading facilities provided for any use shall be sized, located, arranged, and of sufficient number to allow service by the type of vehicle custom- arily expected for the use while such vehicle is parked completely clear of any public way or sidewalk. In residence districts garaging or off-street parking of not more than four motor vehicles per dwelling unit may be permitted, of which four motor vehicles, not more than two maybe commercial vehicles otherithan passenger sedans and passenger station wagons, but not counting farm trucks nor motor-powered agricultural implements on an agriculturally active farm or orchard on which such vehicles are parked. Commercial vehicles in excess of one ton capacity shall be garaged or screened from view of residential uses within three hundred feet by either: (a) (b) (c) A strip at least four feet wide, densely planted with trees or shrubs which are at least four feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years, or An opaque wall, barrier, or fence of uniform appearance at least five feet high, but not more than seven feet above finished grade. Such screening shall be maintained in good condition at all times, and shall not be permitted to exceed seven feet in height within re- quired side yards. Such screening or barriers msybe interrupted by normal entrances or exits and shall not be required within ten feet of a street lot line. Garaging or off-street parking of an additional two commercial vehicles maybe allowed bySpecialPermit. When it is deemed to be in the public good, parking for additional pleasure vehicles may be allowed by Special Permit. 7~2, AUTOMOBILE S~VICE STATIONS AND OTH~..~TOMOTi~E SERVICES Automobile service and filling stations, automobile repair shops, body shops amd painting shops, tire stores, radiator shops or any of their appurtenances or accessory uses shall not be erected, placed or located within 50 feet of any residence district or residence structure. Im addition, the use or structure shall conform to the following requirements (in addition to district requirements): (i) The minimum frontage on a street shall be 150 feet. (2) The maximum width of driveways and curb cuts measured at the street lot line or lines ahall be 30 feet; the minimum width shall be 20 feet. (3) The minimum distance of driveways, measured at the street lot line or lines shall be as follows: (5) (5) (a) From corner lot line: (b) From interior lot line: (c) From other driveway on same lot: 20 feet 10 feet 20 feet The minimum setback of any building from all street lot lines shall be mO feet. The minimum setback of gasoline pumps from all street lot Lines shall be 12 feet. A raised concrete or granite curb at least six inches in height shall be constructed along all lot lines except at driveway openings. (?) Properties in residential districts or any residence structures which abut an automobile service station or other automotive service Shall be protected from headlight glare by either: (a) A strip at least four feet wide, densely planted with !trees or shrubs which are at least four feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years, or (b) An opaque wall, barrier, or fence of uniform appearance at least five feet high, but not more than seven feet above finished grade. (c) SUch screening shall be maintained in good condition ~t all times, and sh~!] not be permitted to exceed seven feet in height Within required side yards. Such screening or barriers may be interfered by normal entrances or exits and shall not be required within ten feet of a street lot l~ne. ~ection 8 NQ~CONFORMING USES CONTINUANCE Any nonconforming building, structure or use, as defined herein, which law- fully existed at the time of passage of the applicable provision of this or any prior By-law or any amendment thereto may be continued subject to the provisions of this By-law. Any lawfully nonconforming building or structure and any lawfully nonconforming use of building or land may be continued in the same kind and manner and to the same extent as at the time it became lawfully nonconforming, but such building or use shall not at any time be changed~ ex- tended 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 other- wise by the North Andover Board of Appeals. $o 2, ...... ,AX~,TERAT,~,ON OR EXTENSION A use, or structure housing a use, which does not conform to the regulations ef this By-law, but which did conform to all applicable regulations when initially established shall not be changed, extended~ or enlarged except in accordance with the following provisions: (1) (3) Such change shall be approved by the Board of Appeals. Such change shall be permitted only upon the same lot occupied by the non- conforming use on the date that it became nonconforming. Any increase in volume, area, or extent of the nonconforming use shall not exceed an aggregate of more than 25 percent of the original use. No change shall be permitted which tends to lengthen the economic life of the nonconformity longer than a period reasonable for the amortization of the initial investment. 8.3 REBUILDING AFT~ CATASTROPHE Any nonconforming building or structure destroyed o~ damaged by fire, flood, lightning, wind or otherwise to the extent of sixty five (65%) percent or more of its reproduction cost at the time of such damage shall not be rebuilt, re- paired, reconstructed nor altered except for a purpose permitted in the zoning district in which such building is located, or except as may be permitted other- wise by the Board of Appeals acting under G.L. Ch. ~OA. Ifany lawfully nonconforming building or use of a building or land be at any time discontinued for a period of two years or more, or if such use or building be changed to one conforming with the North Andover Zoning By-law in the dis- trict in which it is located, it shall thereafter continue to conform. Section 9 ADMINISTRATION ,9,.,1 ENFORCEMENT The North Andover Zoning By-law shall be enforced by the North ~over Building Inspector. The Building Inspector upon being informed in writing of a possible violation of this By-law or on his o~n initiative, shall make or cause to be mede an investigation of facts and an inspection of the premises where such violation may exist. The Building Inspector, on evidence of any violation after investigation and inspection, shall give written notice of such ~olation to the o~ner and to the occupant of such premises, and the Building Inspector shall de- mand in such notice that such violation be abated within such reasonable time as may be designated therein by the Building Inspector. Such no$ice and demand may be given by mail addressed to the owner at the eddress appe~ing for him on the most recent real estate tax records of North Andover, and to~ the occupant at the address of the premises of such seeming violation. Ift after such notice and demand, such violation has not been abated within the time specified, the Building Inspector or the Selectmen shall institute appro- priate action or proceedings in the name of the Town of North ~ver to prevent, correct, restrain or abate any violation of this By-law. 9.11 Buildin~ Permit No building sh~11 be erected, altered, moved, razed or added to in North Andover without a written permit issued by the Building Inspector. Such permits shall be applied for in writing to the Building Inspector. The Building Inspector shall not issue any such permit unless t! the building and the intended use thereof in all respects fl provisions of the North Andover ZoningBy-law (and other ap] by-laws) except as may have been specifically permitted otM action of the North Andover Board of Appeals, provided a wr~ the terms governing any exception so permitted be attached tion for a building permit and to the building permit issue One copy of each such permit, as issued, including any cond~ ceptiens attached thereto, shall be kept on file in the off~ Building Inspector. ~e plans for ~lfill the ,licable town ,rwise by .tten copy of ,0 the applica- therefor. £ions or ex- .ce of the In addition to the information required above, a plot plan Shall indicate provisions for all other physical requirements of this By-law, including but not limited to off-street parking, screening and fencing. Upon granting a permit the Build~ng Inspector shall cause a copy to be posted on the property to which it relates in a conspicuous!place. .... Penslty for~iolation Whoever violates any provisions of this By-law shall be punished by a fine not exceeding $20.00 for each offense. Each day that uch violation continues shall constitute a separate offense. -38- ~22 Ap~ntment and Organization There shall be a Board of Appeals of five Members and not more than three Associate Members, which shall have and exercise all the powers provided under G.L. Chapter dOA, and which shall hear and_decide all matters specifically referred to the Board of Appeals by the North Andover Zoning By-law and other matters referred to such Board by statute. The Board of' Appeals Members and Associate Members shall be appointed by the Selectmen in the manner provided by statute. Basis for Appeals An appeal to the Board of Appeals maybe taken by any person aggrieved by reason of his inability to obtain a permit from the Building Inspector, or by any officer or board of the town of North Andovar, or by any person aggrieved by any order or decision of the Building Inspector or other administrative official in violation of any provision of the By-law. Such appealshall be taken within thirty days, as provided by Section 16 of Chapter ~OA of the General Laws. Powers of the Boar~ of Appeals The Board of Appeals shall have the following powers: (1) To hear and decide actions and appeals as provided herein. (2) To hear and decide applications for Special Permits and variances which the Board of Appeals is required to act upon under this By-law. SPECIAL P~MIT The Board of Appeals maygrant a Special Permit after public notice and hearing in such cases as are set forth in this By-law, subject to the requirements and ~rocedures set forth herein. 9.31 Condition for Approval of Special P.erm~t (1) The Board of Appeals shall not approve any such application for a Special Permit unless it finds that in its judgment all the follow- ing conditions are met: (a) The specific site is an appropriate location for such a use, structure or condition. (b) The use as developed will not adversely affect the neighborhood. (c) There will be no nuisance or serious hazard to vehicles or pedestrians. (2) (d) Adequate and appropriate facilities will be prov~ proper operation of the proposed use. In approving a Special Permit the Board of Appeals ma conditions and safeguards as are deemed necessary to neighborhood~ such as but not limited to the followin (a) .dod for the attach such )rotect the Requirement of front, side or rear yards greater than the mini- mum required by this By-law. (b) Requirements of screening parking areas or otheriparts of the premises from adjoining premises or from the street, by wnlls, fences, planting, or other devices as specified~ythe Board of Appeals. i (c) Moddfication of the exterior features or appearm~ces of the str~cture. (d) Limitation of size, number of occupants~ method ~r time of operation, or extent of facilities. !, (e) Regulation of number, design, and location of ac .ess drives or other traffic features. (f) Requirement of off-street parking or other speci~ features beyond the minimum required by this or other applicable by-laws. ?-4 F MPOm m¥ The Board of Appeals may grant a temporary use or occupancy pe it for a~period of not more than one year at a time, subject to a single renewa1. Such permits shall be subject to conditions imposed by the Board related to Safeguarding the character of the district affected and shall be granted in accordance with the procedures provided herein for the granting of Special Permits. I ?. ~ ,,, VARIANCE FROM ,ZONING BY-LAW The Board of Appeals may authorize a variance from the terms of ~his By-law where, owing to conditions especially affecting a parcel of land,or a building but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the By-law would involv~ substantial hardship, financial or otherwise, to the appellant, and where desirable relief may be granted without substantial detriment to the public good and without n~,11 ifying or substantially derogating from the intent or purpos~ of this By-law. In exercising this power, the Board may impose limitations both Of time and of use, and a continuation of the use permitted may be conditioned Upon compliance with regulations to be made and amended from time to time therea ~ter. .~.,. 6~. AMENDMENTS TO ZONING BY-LAW T~is By-law or Zoning Map may be amended from time to time by a two-thirds (12/3) vote at an annual or special town meeting in accordance with the provisions of Section 6 of Chapter ~OA of the General Laws. %61 Application and Hearinf The Planning Board shall hold a public hearing on any North Andover Town Meeting warrant article to amend the Zoning By-law or the zoning map and shall report its recommendations thereon, if any, to the Town Meeting. Each warrant article to change the zoning map shall explicitly state the nature, extent and location of the map change proposed and shall be accompanied by: (1) Three hlackline 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. (2) Also a sketch or other explicit identification of the location of such land in relation to the majority of the rest of the town. Notice of the aforesaid public hearing on a zoning amendment shall be given by publication as provided by statute 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 appear in the most recent North Andover real estate tax records. ~.62 Action Taken Under Prior By-Law Except as otherwise provided in Section 11, Chapter &OA of the General Laws, the adoption of this By-law shall not affect the validity of any action lawfully taken under the provision of the Zoning By-law in effect prior to the date this By-law becomes effective. Effect of Subsequent Amendments In the case of amendments to this By-law or changes in the districts or the boundaries subsequent to the date this By-law becomes effective, the right to continue the use or maintenance of any building, structure or premises which was lawful when such amendment or change became effective shall not be impaired by any such amendment or change, except as provided in Section 5 of Chapter &OA of the General Laws. CONFLICT OF.LAWS In general, this By-law is supplementary to other North Andover By-laws affecting the use, height, area and location of buildings and structures and the use of premises. Where this By-law imposes a greater restriction upon the use, height, area and location of buildings and structures aOd the use of premises than is imposed by other By-laws, the provisions of ~his By-law shall control. ,9.8 VALIDITY The invalidity of any section or provision of this By-law shall any other section or provision thereof. ~ot invalidate O LE( R-1 RESIDE R-2 RESIDE R-3 RE-SIOE R-4 RESIDE R-5 RE510E S-1 SUSINE B-2 BUSINE B-3 SUSINE 13-4 SUSINI GA SENEW I-1 INOUSI I-2 INOUSi I -S INDUSI tDIMENSIONS OF GEWC-W LBUSINESS[)ISTQlc-r5 MORSE { MaRTt 7 FE¢2Y ST. JAMES M. SHANNON ATTORNEY GENERAL THE COMMONWEALTH OF MASSACI~~r~ DE PARTMENT OF THE ATTORNEY JOHN W. McCORMACK STATE OFFICE JUILDI~G Daniel Long Town Clerk 120 Main Street North Andover, MA 01845 July 28, 1989 Dear Mr. Long: I regret that I must enclose the amendment to the general by-laws adopted under article 37 of the warrant for the North Andover Annual Town Meeting that convened May 1, 1989, with the disapproval of the Attorney General endorsed thereon. The proposed by-law amendment would have established a "revolving account" entitled "North Andover Professional Service Conservation AccOunt" into which would be placed certain fees or costs collected from applicants for permits. The amendment would then have allowed the Conservation Commission to expend such funds by a majority vote of the entire membership of the Commission. G.L.c. 44, § 53, states in relevant part that "all moneys received by any...town...department, except as otherwise provided for by special acts and except as provided for by statute, shall be paid...upon their receipt into the...town treasury" (general fund). Accordingly, the established revolving account may not be accomplished by by-law in the absence of enabling legislation. Very truly yours, Anthon~n ' Assistant Attorney General 617-727-2200 ext. 2078 AEP:kma July 28, 1989 Boston, Massachusetts The foregoing amendment to the general by-laws adopted under article 36 of the warrant for the North Andover Annual Town Meeting that convened May 1, 1989, is hereby approved. July 28, 1989 Boston~ Massachusetts The foregoing amendment to the general by-laws adopted under article 37 of the warrant for the North Andover Annual Town Meeting that convened May 1, 1989, is hereby disapproved. JAMES M. SHANNON ATTORNEY GENERAL THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE ATTORNEY GENERAL Daniel Long Town Clerk 120 Main Street North Andover, MA 01845 July 28, 1989 Dear Mr. Long: I enclose the amendment to the general by-laws adopted under article 36, and the amendments to the zoning by-laws adopted under articles 32, 33, 38, 39, 40, 41, and 44 of the warrant for the North Andover Annual Town Meeting that convened May 1, 1989, with the approval of the Attorney General endorsed thereon, and on the zoning map pertaining to articles 38, 39, 41, and 44. The amendment to the zoning by-law adopted under article 43 is approved with the exception that paragraph 18)c. is deleted. Paragraph (8)c. would have allowed "on any lot of at least ten (10) acres, the keeping on any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries." G.L. c. 40A, § 3 states in relevant part that "no zoning...by-law shall...prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture...except that all such activities may be limited to parcels of more than five acres in areas not zoned for agriculture..." (emphasis added). As written paragraph (8}c. of article 43 would have been inconsistent with G.L. c. 40A, § 3. The town voted under article 35 to accept the provisions of St. 1988, c. 245. The acceptance of local option legislation does not require the approval of the Attorney General. _~_~ruly yours, Anthon~-E. Penski Assistant Attorney General 617-727-2200 ext. 2078 AEP:kma July 28, 1989 Boston, Massachusetts The foregoing amendment to the zonin~ by-laws adopted under article 32, 33, 38, 39, 40, 41, 43, and 44 of the warrant for the North Andover Annual Town Meeting that convened May 1, 1989, are hereby approved. GE~NERA*~ July 28, 1989 Boston, Massachusetts The within zoning map pertaining to under article 38, 39, 41, and 44 of the warrant for the North Andover Annual Town Meeting that convened May l, 1989, are hereby approved. Form 2 (revised 2/89) Town: ~,~0RTH Date TM Convened: }.~.~j ~: la89 FINAL BY-LAWS AS VOTED BY TOWN MEETING TWO ~e~tifi~d copie_~ of all of the articles to be acted 'upon are attached to this page (stapled, if not too bulky), showing all of the following information for each article: 1. The date of final town meeting action on the article; The cDmDlete final text. of the article, with any floor amendments incorporated into the text; 3. The final vote of the town meeting, as follows: If a two-thirds vote is required, the final vote must b9 certified either as being unanimous or the actual vote count must be shown. The actual vote count must be given if the vote is not unanimous. Certifications such as "unanimous but one" or "unanimous but a few" do not suffice if the actual count is required. A two-thirds vote is required for zoning by-laws (G.L. c. 40A~ ~ 5) and historic district by-laws (G.L.c. 40C, ~ 3). Other state statutes or town charters or by-laws may also require a counted vote. If a two-thirds vote is not required, the final vote may be certified as "a majority, .... unanimous," or by the actual count. Note: It is preferable that each final by-law as voted by town meeting (with all of the information described above) be submitted on a separate Daue, in case some articles are ready for approval or disapproval by the Attorney General before others. Form 6 (revised 2/89) Town: FORTH Date TM Convened: FLRQ~NDMEN_T~ TO WARRANT ARTICLES QD~ C~ified copx of any amendments made on the floor of the town meeting before the final vote under each of the articles to be acted upon is ~ to this page showing the following: , the number of the warrant article to which the amendment(s) referred; the full text of the amendment(s); the vote taken on the amendment(s) at the town meeting (e.g., "a majority, .... unanimous,', or the actual vote count). Alternatively, the floor amendments may be retyped on this page (showing the above information) and ~ by the town clerk. A~RTICLES 32, ho & h3. (ZONING) 36 (BY-L~B'S) Article 32. Voted unanimous to smlend. Amendment Paragraph 2.h0 HOME OCCUPATION Line 9 after the wood goods change period to comma and the following which impacts the residential nature of the neighorhood. ARTICLE h0. Voted unanimous to muend. Amendment Under co!~m VC change Height n~ximum (ft.) hO ft. or two stories to read Height m~ximum /£t.) Two stories not to exceed h0 ft. ARTICLE h~. Voted unaninous to amend. Amendment Last paragraph beginning with -~T_e followinE Comnercial ~usiness etc. Iten (3) Delete in its entirety Zte~ (h) Delete the word Restaurant and begin the sentence ~. Dining. Article 36. Town Bylaw Change. To see' if the Town will vote to amend portions of Section 3.5 of the Town's Bylaw ("Conservation Commission") as follows:. I. To delete the existing Section 1.0 PURPOSE. and to replace it with the following: "1.0 PURPOSE The purpose of this Bylaw is to preserve and protect the wetland resource areas (as defined in Section 3.1 below), buffer zones, and wildlife of the Town by prior review of, by regulation of, and control of, activities (more par- ticularly described in Section 3.1 below) deemed by the Conservation Commission (the "Commission") to have sig- nificant or cumulatively detrimental effect upon the fol- lowing interests and values including, but not limited to: public or private water supply; groundwater; the prevention and control of flooding, erosion, sedimentation, storm damage, and/or pollution; protection of fisheries, wildlife and wildlife habitat; and recreation." II. To delete the existing Section 3.1 ~uRIsDICTION and to replace it with the following: "3.1 Except as permitted in writing by the Conservation Commission, or as provided in this Bylaw, no person shall engage in the following activities ("activities"): removal, filling, dredging, discharging into, building upon, or otherwise altering or degrading the wetland resource areas described in the following sentence, or the buffer zones thereof. The Town's wetland resource areas consist of: any fresh water wetland (as determined by vegetational community, soil composition or hydrologic regime), any bank, beach, marsh, wet meadow, bog, swamp, or lands bordering any creek, river, stream, pond or lake, or any land under said waters, or any land subject to storm flowage, or flooding, or inundation by groundwater or sur- face water, the floodplain, and/or wildlife habitat. The Commission shall not grant such permission without receiving written notice of the intention to conduct such activity, and without issuing written permission to do so all in compliance with the provisions of this Bylaw." III. To amend Section 7.0 RULES AND REGULATIONS as follows: Article 36. Town Bylaw Change. To see' if the Town will vote to amend portions of Section 3.5 of the Town's Bylaw ("Conservation Commission") as follows:. I. To delete the existing Section 1.0 PURPOSE, and to replace it with the following: ,,1.0 PURPOSE The purpose of this Bylaw is to preserve and protect the wetland resource areas (as defined in Section 3.1 below), buffer zones, and wildlife of the Town by prior review of, by regulation of, and control of, activities (more par- ticularly described in Section 3.1 below) deemed by the Conservation Commission (the "Commission") to have sig- nificant or cumulatively detrimental effect upon the fol- lowing interests and values including, but not limited to: public or private water supply; groundwater; the prevention and control of flooding, erosion, sedimentation, storm damage, and/or pollution; protection of fisheries, wildlife and wildlife habitat; and recreation." II. To delete the existing Section 3.1 JuRIsDICTION and to replace it with the following: "3.1 Except as permitted in writing by the Conservation Commission, or as provided in this Bylaw, no person shall engage in the following activities ("activities"): removal, filling, dredging, discharging into, building upon, or otherwise altering or degrading the wetland resource areas described in the following sentence, or the buffer zones thereof. The Town's wetland resource areas consist of: any fresh water wetland (as determined by vegetational community, soil composition or hydrologic regime), any bank, beach, marsh, wet meadow, bog, swamp, or lands bordering any creek, river, stream, pond or lake, or any land under said waters, or any land subject to storm flowage, or flooding, or inundation by groundwater or sur- face water, the floodplain, and/or wildlife habitat. The Commission shall not grant such permission without receiving written notice of the intention to conduct such activity, and without issuing written permission to do so all in compliance with the provisions of this Bylaw." III. To amend Section 7.0 RULES AND REGULATIONS as follows: A. At Sub-Section 7.1, by amending the third sentence to read as follows: , by majority vote of the duly appointed members, "After due notice and public hearing, the Commission may promulgate or amend rules and regulations to accomplish the purposes of this Bylaw, and may establish a schedule of fees, professional, service fees and costs to be paid by persons making requests for determination or filing notices of intent hereunder." and, B. To delete Section 7.2 B. in its entirety. Conservation Commission VOTFD UNANIMOUS TO ADOPT AS AMF}rDED. A~ENDMENTS. Paragraph "1.0 PURPOSE Second sentence after the word below) delete the comma and add the word and Third sentence after the word zones delete the comma and the words and wildlife. P~ragraph "3.1 Line 14 after the word water delete the comma and add the word and after the word floodplain delete comma add period and delete the words and/or wildlife b~bitat. Section 7.0 Paragraph A. Third sentence. ATTEST: Voted May h, 1989 ~ ' WN CL Article 37. Town Bylaw Change. To see if the Town will vote to amend Chapter 8 of the Town Bylaw, by establishing 8.5- The North Andover Professional Service Conservation Account of the Conservation Commission. "North Andover Professional Service Conservation Account" A professional service conservation account of the Conservation Commission ("account") shall be established in the Town Treasury and shall be kept separate and apart from other monies by the Town Treasurer. Any monies in said account shall be expended only at the direction of the Conservation Commission, pursuant to the terms of provisions of the Conservation Commission's regulations regarding professional service fees and costs. All monies which are collected as a result of any contribution to this account shall be transferred to the principal of said account, and the Town Treasurer shall be custodian of the account and may deposit proceeds in a bank or invest the same in such securities as are legal for the investment of funds of savings banks, under the laws of the Commonwealth of Massachusetts or in a federal savings and loan association situated in the Commonwealth. Any interest earned thereon shall be credited to and become part of the account. The account shall be administered by the Town Manager. Any monies in the account may be expended only by a majority vote of the entire membership of the duly appointed Conservation Commission, and shall be appropriated for such purposes as the Conservation Commission may designate by at a public meeting, and in accordance with its Requlations. Any unused portions of fees or costs collected from a6plicants shall be returned by the Commission to the applicant within forty-five (45) calendar days of written request for same by the applicant, unless the Commission dscides in a public meeting that othar action is necessary. Any applicant aggrieved by the imposition of, or the size of, the fees or costs, or any act related thereto, may appeal according to the provisions of the Massachusetts General Laws." Conservation Commission Article 38. zoning Bylaw Regulation and Boundary Change - Brook Street. To see if the Town will vote to amend the zoning Bylaws and the zoning Map to change the zoning on the hereinafter VOTED Lg;ANIMOUS TO ADOPT THE ARTICLE Voted May 2, 1989 ATTEST: TO~';N CLERK May 23, 1989 To whom it may concern: The following articles were voted on at the Annual TownMeeting held May 1,2,3,~ & 8, 1989 in the Town of ~orth Andover. Article 24. Real Estate Tax Relief. To see if the. Town will vote to adopt Clause 41C of Section 5 of Chapter 59 of the General Laws, which provides for real estate tax relief for certain qualifying elderly persons"and which excludes from its whole estate limitation the value of the applicant's domicile except for any portion of said property which produces income and exceeds two dwelling units. Board of Assessors Joseph N. Hermann, Chairman 'VOTED UNANIMOUS to adopt the article Article 25. Real Estate Tax Relief. To see if the Town will vote to adopt Clause lTD of Section 5 of Chapter 59 of the General Laws, which provides for real estate tax relief for certain qualifying elderly, surviving spouses or surviving minor children as the case may be, which excludes from its whole estate limitation, the value of the applicant's domicile except for any portion of said property which produces income and exceeds two dwelling units. Board of Assessors Joseph N. Hermann, Chairman VOTED UNAN]~4OUS to adopt the article, ATTEST: ~70RTH A~OV~ Form 9 (revised 2/89) Town: Date TM Convened: May !, 1989 ZONING PROCEDURES ATTACHMENTS One certified copy of each of the following documents is stapled to this page (please check off): / the notice(s) of the public hearing(s) held by the 1. Planning Board (or other board) on the proposed zoning changes, showing (a) both dates of publication; o (b) the name of the newspaper of general circulation in the town in which the notice was published; (c) the article number to which each item in the notice relates (this may be marked on the advertisement by the clerk by hand). Ja certificate from the Planning Board (or other board) that notice of its hearing was posted in a conspicuous place in the town hall at least 14 days before the date of the hearing; certificate from the Planning Board (or other board) that notice of its hearing was sent by mail, postage prepaid, to.: (a) the Department of Community Affairs; (b) the regional planning agency; (c) the planning boards of all abutting cities and towns; (d) (if applicable) all nonresident property owners who have filed an annual request with the town clerk in accordance with local by-law or law. the written report of the Planning Board (if any) and its vote on each of the articles. Form 8 (revised 2/89) Town: "~ OZ.~'~ ~ ~'~'~'~ Date TM Convened: May 1, 1989 ZONING ARTICLES PROCEDURES 1. I hereby certify that the following persons were the members of the Town Planning Board at the time the zoning articles being acted upon were considered: P~ul A. Medstrom Chairman George Perna Michael Leery the date of the relevant Planning Board hearing and the date of the town meeting vote: Article No(s). Hearing Date Date of TM Vote See attached 3. Did the Planning Board issue a written or oral report containing its recommendations on the zoning articles to the town meeting? Yes (if written, please attach report to Form 9) 4. Within the two years prior to the most recent town meeting, did the town meeting take unfavorable action on any of the zoning articles that the Attorney General is now being asked to review? Yes Article Nos.: No ~ If yes, did the Planning Board recommend the adoption of those articles to this most recent town meeting? Yes__ No __ Form 10 (revised 2/89) Town: fORTH Date TM Convened: 1989 RELEVANT LAWS Note: This information may not apply in all cases. If the information is available, however, it would be helpful to the Attorney General's office in reviewing the town's by-laws. If the information does not apply or is not available, please don't include this form in the package mailed to the Attorney General. If by-laws relate to state statutes which require any acceptance by the town,~please staple to this page proof that the town meeting voted to accept the relevant statutes. If there are any special acts (home rule) which relate to the authority of the town to adopt one or more of the by-laws submitted to the Attorney General for approval, please staple a copy of the enactment to this page and identify the article number to which it applies: Article 35 Articles 24 & 25 If there are any statutes or regulations (state or federal) which, in the town's opinion, provide authority for adoption 'of one or more of the by-laws submitted to the Attorney General for approval (or which are otherwise relevant to the by-laws), please staple a copy to this page or identify the article numbers and the relevant statutes or regulations here: If the town has submitted by-laws to the Attorney General which are identical or similar to by-laws of other towns which the Attorney General has previously approved (in whole or part), please attach a copy to this page or list the name of the other town (and article or by-law aumber, if known).