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HomeMy WebLinkAbout1980-04-26THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF tl-:E ATTORNEY GENERAL JOHN W, Mc CORMA~-K ~=I'A'1'£ OFF'lO; 8UILDINI~ ONE A~HBUR?ON PI.ACE;, BOBI'OH O~108 August 7, 1980 Daniel Long Town Clerk for North Andover Town Clerk's Office Town Building North Andover, MA 01845 Dear Mr. Long: I regret that I must enclose the amendment to general by-laws adopted under Article 26 of the warrant for the North Andover Annual Town Meeting held April 26, 1980, with the disapproval of the Attorney General endorsed thereon. The proposed by-law seeks to ban the transport of all nuclear waste materials other than those used in research and medical diagnosis. Nationally the transportation of nuclear wastes is governed by the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.}, the Hazardous Materials Transportation Act (49 U.S.C. 1801-1812) and regulations issued thereunder. 49 C.F.R. Parts 171-179, 49 C.F.R. Part 397. A local by-law of the type envisioned here, if duplicated in other communities, would be an effective barrier to. the transport of nuclear wastes and would circumvent the intent of Congress. It constitutes discrimination against interstate commerce, City"of Philadelphia v. New Jersey 437 U.S. 617 (1978;'~, 'fn addition to being preempted by Congress. Very truly yours, ~enr~F. O ' Connell ASsi'~tant Attorney General HFO'C/sm enclosure August 7, 1980 Boston~ Massachusetts The foregoing amendment to the general by-laws adopted under Article 26 of the warrant for the North Andover Annual Town Meeting held April 26, disapproved. TOWN OF NORTH ANDOVER Da.w'mm Lo~m, Town Clerk '- ELECTION DEPART2~EN? Henorable Francis Xo Bellotti Attorney General of Massaohusetts One Ashburton Place Boston, Mass. 02108 TOWN' BUILDING No~ra A.WDOVER. $IASS. 01845 May 5, 198o Dear Attorney General: At our Annual Town Meeting held in the Veteran's North Andover Middle School at 1.30 P.M. April-26~ 1980 Articles appeared in the Warrant and was voted upon and submitted for your approval. ARTICLE 26. -' ' Auditorium of our the following are hereby ARTICLE 26. To see if the Town will vote to amend /ts General By-Laws by adding the following new section: Section 8.3. Transportation of Nuclear Waste Materials. The transporting of nuclear waste materials of any description through the Town of North Andover upon any highway, street, road or other public way, by rail, truck, aircraft, or any other vehicle or any common carder or other transporting agent, either public or private, at any point in time is prohibited. Radioactive materials that are for use in, or incident to, research or medical diagnosis, or trea:ment, is excluded. Petition of Robert P. Vernon and others. Under the the Article with the to read Section 8.4. aforesaid Aticle it was VOTED by MAJORITY ~o ADOPT following correction change Section 8.3 ARTICLE 50. ARTICLE 50. To see if the Town will vote to amend its General By-Laws by adding the following new sect/on: Section 3.12, Building Permit Fees: The estimated construction costs of new buildings shall be based upon a cost factor of $20 per squarn foot. Estimated constructinn costs of additions, alternatives and remodeling shall be the actual contract price. The permit fees shall be $3.00 per thousand based on the estimated costs of construction. These shall be a minimum fee of $10 per permit. Building permit fees shall not be required for munkipally-owned buildings or Petition of the Building Inspector Under the aforesaid Article it was VOTED UNANIMOUS to ADOPT the Article. All ATTEST: requirements of the law have ! been complied with TOWN OF NORTH ANDOVER D.~wnm Lo.c, Town Clerk ELECTION DEP.~I~ The Honorable Francis X. Bellotti Attorney General of Massachusetts One Ashburton Place Boston~ Mass. 02108 TOWN' BUILDING No~ ANI)OVgR, M,~$s. 01845 May 5, 1980 Dear Attorney General: At our Annual Town Meeting held in the Veteran's Auditorium of our North Andover Middle School April 26, 1089 at 1.30 P.M., the following Zoning By-Laws Articles appeared in the Warrant and was voted upon are hereby submitted for your approval. ARTICLE 93 , ABTICLE 93. To se~'if the Town will vote to amend the Zoning By-Lsw as follows: Sec. 5.1 Il) - to be deleted and the following inserted: "Sec. 5.1 (1}: Excavation, removal, stripping, or mining of any earth material except as hereinafter permitted on any parcel of land, public or private, in North Andover, is prohibited. Sec. 5.117} - delete "9.13" and insert "10.13". Sec. 5.2 - add Subparagraph "(6): the word 'permit' in the Earth Removal Section shall mean and include a special permit for earth removal as issued by the Special Permit Granting Authority." Sec. 5.2 (3} - to be deleted and the following inserted: "Sec. 5.2 (3) Earth Removal Operations: the excavation, removal, stripping, or mining of any earth material on any site within the Town of North Andover." Sec. 5.5 - to be deleted and the following inserted: "Section 5.5 Earth Removal Incidental to Development, Cov. structien, or Improvement". After Sections (1) and ~2). add the following Subsections: "(3) where excavation, removal, stripping, or mining of earth on any parcel of land, public or private, is made necessary, by order of any other Board of Agency of the Town, such excavation, removal, stripping, or mining if in excess of one-thousand {1,000) cubic yards shall be governed by the provisions of Sec. 5.6 of this By-Law; (4) Excavation, removal, stripping, or mining of earth incidental to imprbvements shall be governed by the provisions of Sec. 5.6 of this By-Law; and 15} All earth removal, excavation, stripping, or mining as allowed under this paragraph shall be governed by the provisions of Sec. 5.6 of this By-Law". Sec. 5.8 - to be deleted and the following inserted: "Section 5.6 Miscellaneous Removal of Earth: Excavation, removal, stripping, or mining of miscellaneous amounts of earth as allowed under Sec. 5.5 is permitted provided the excavation, removal, stripping, or mining is necessary for the improvement or development of the property on which the excavation or removal takes place. Excavation, removal, stripping, or mining of aggregate quantities of less than fifty {50) cubic yards on any one general site requires no formal approval. Where the excavation, removal, stripping, or mining of soil is in quantities in excess of fifty (50) cubic yards, but less than one-thousand (1,000) cubic yards, application must be made to the Building Inspector for a miscellaneous soil removal permit. Where special circumstances exist which require the excavation, removal, stripping, or mining of soil in excess of one-thousand {1,000} cubic yards, but less than five-thousand (5,000) cubic yards, a permit may be granted by the Board for such removal without a public hearing. However, where the excavation, removal, stripping, or mining exceed five-thousand (5,000} cubic yards, then a public hearing will be necessary and the permit granted shall indicate the approximate quantity of soil to be removed, the purpose of removal, and the location of the site of removal. The permit shall also specify that upon completion of excavation, exposed subsoil shall be graded and covered with loam to a minimum depth of six (6) inches and that the removal is to be controlled by the appropriate section of Paragraph 5.7 (Operating Standards). It is further provided that except where removal under this Paragraph is done in connection with the formation or enlargement of a pond, excavation shall not be permitted below the mean grade of the street or road serving the property. The excavation of said pond in any event shall not be such as to change the direction or flow of a water course or to cause surface water to gather as a sump or swale. Excavations for burying large rocks and stumps shall immediately be back-filled for safety reasons. Failure to meet the requirements of this Paragraph shall be deemed a violation of the Zoning By-Law." Pelition of the Planning Board TOWN OF NORTH ANDOVER Dorm, Lo~o, To~n Clerk TOWI~ BUILDING Nom, a AN~0VZR, MASS. 01845 May 5. 1980 ARTICLEi 9b Under ~he afore said Article 93 it was VOTED UNANIMOUS ADOPT the Article with the following correction~ Fifth line of fifth paragraph Section 5.5: change the word "of" to "or" between the words Board and Agency ARTICLE 94. To see if the TOwn will vote to amend the Zoning By-Law as follows: 1 . Delete present wording under Table 2, Footnote 2 and insert the following: "Adjacent to residential districts, an additional 15 foot side or rear setback shall be required. The first 15 feet of the total setback abutting the residential district shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon", and 2 - Delete present wording under Table 2, Footnote 3 and insert the following: "Adjacent to residential districts, the required side or rear setback shall'be 100 feet.~The first 50 feet of such setback abutting the residential district shall remain open and green, be suitably landscaped, unbuilt upon, unpaved an~ not parked upon." Petition of the Planning Board Under the aforesaid Aticle 94 iwas VOTED UNANIMOUS to ADOPT the Article with the following amendments. In part "1: after the word upon add the sentence. "In the Busines 2 District the side yard requirement ma~ be eliminated when two adjoining property owners agree to share a party wall. And add footnote "2" to side setback under General Business in Table 2, SUMMARY OF DIMENSIONAL REQUIREMENTS. ARTICLE 98 ARTICLE 98. To see if the Town will vote to amend its Zoning By-Law and Zoning Map by changing from Residence 3 (R-3) to Residence 2 (R-2) that parcel of land bounded by Great Pond Read, Stevens Street, and Pleasant Street- Petition of Dennis J. McManus, Jr. and others Under the aforesaid Article 98 it was VOTED to Adopt the Article AFFIRMATIVE 152 NEGATIVE 51 All requirements of the law have been complied with, AT2~S~ ' gal Not(C' '~ ~ MASSACHUSETTS ~', NO~ee ~ hereb~ ~ven ~t 8 ~ P.M ~on ~SDAY~ ~in t~ Tow. Office Mee~ Room,,/~e NORTH AN,] ~DOVEB: PL.ANNING] fBO~ w~ ~lt- a PubUC ~ ~hearint pur~uadt tO the ~' D~ 3. McMan~ 3k and~,~i ~ o~ers t~ ameM ~e~ zo~ ~ By-~Wandzo~g :Map hs2 fo~o~:~.{~-- ~ ~ge !rom R~id~'~ (R-3). to R~id~ce 2 (R-~) ~ ~at ~a~ ~ land ~d~ : bY ~Great Pond "Road, [ Stevem S~e~, and Pl~san{ ~ "By' Ord~.of~ ~ ~d~~ Plan~ : ~ B~: William ~epu~ TOWN OF NORTH ANDOVER Di~m~ LoNu, Town Clerk ~.~"WION DEPARTM~I'~ itizen ~'" ~ -. Notic BOARD :" AprilT, 1980{ .Notic6 is hereby given that~ 8:00 p:m. on FRIDAY EVENING; APRI~ 25, 1980~! in the Town Office Meeting the NORTH AN- I~OVER : PLANNING public i :hearing pursuant to the pro- ~.visions of G L. c 40A, Sec 5, 'to amend/he Zomng By-Law ! as follOWSi~ -!~.~: .~ ~ i~Del~ie' ~es'e~t W0rdin~ i~ underjTabte 2,:Footnote ~ f and insert: the following: /"Ad :; jaeent to: residential districtS,: a n ~:~dditinnal' ~f°°t. !id~?r`/'eai ~ setbacl~ i~1 ?lial[ be iequir~l. :The first ~] ~iS'feet ofjth~'~0tal setback i ?ibutting ;the:' reS'idential~' [district shall remain oi~e~i'~ ~ and g.reen~ be suitably land, ', ? scaped, unbUilt upon, UnpaV: ~ ed and not parked upon,'! 2--Delete nresent wording under Table 2, Footnote 3 ~-a~-d-.i~se~t':/he foll0wing: ~ : "Adjacent to 'xesidentiaI:. ~ districts, the reqUired Side or ! rear setbacks shall- be lo0: .:feet. The first 50 feet of such } setback abutting the reSiden-i~ ;Ual. district shail i'emain ~opon and green; be suitably'' ; landscaped, unbUild 'upon, [~ ~npaVed and n0t parkedi i~ T~i pnnted m full.>.,. ;. :: And0ver Planning Board '. 'i h. · By: WflliamChepulis ' "~ ...i:~%~:~:~-~` Chaff. man - Publish in North Andover Citizen: A~pri110 and 17 19~0. TOWN BUILDING NonTI~ ANDOVZR, ~fASS. 01845 :: 30';:: ,' ' NOrth Andover Ci Legal NOtice' 7'~ :PMNNiNG BO~~ Nobee ~ he.by given at at ;~ ~>'Towh Office M~tin~ .Room, the: : VisiOns of G.L: c. ~A, S~. 1o a~end ~e Zorni Bi,~w .as fo]lO~: fer ~e pu~e of r~ulafing ~e ; r~val~ s~p~ing,., er min. lng of any ~r~'mdt~dal on any ~rcel of land, public er p/va/e, in Nor~ Andover:. ?.S~fion 5 Ea~ Ma~rials ~ CoP!~ of ~t avai~ble in ~'offiC~ ~f Town Clerk:~M ' B~ O~er of-~e No~'A~- ' dover pla~ing B~d : :: ~ : 10 aha 17, l~J- TOWN OF NORTH ANDOYER MASSACHUSETTS April 26, 1980 T~ PLA~OW~G BOAP~D ~z32fES TREE FOLLOWI3JG RECO.~,E~.:DATIONS ON ZONING A~,~WDMSNT ARTICLES FOR ;J~AL TO~,~ ~tEETt~G - A,oril 26, ~80 ARTICLE 34: ARTICLE 92: ~TICLE. 93: ~-~TICLE 94: A~TICLE 95: ARTICLE ~6: PL~NE~ POSITION U~ PERSO~L BY-LAW - FAVO.~ABLE ACTI~ recommended. Present sala.,-y is $16,8~0/yr. The Planning Board wishes to ~ITHDR;J.I this Article by unanimous vote. The Planning Board unanimously recommends FAVO?~BLE ACTION - Reason: Clarification of the Earth Removal section of the By-Law to eliminate misinterpretations. , The Planning Board unanimously recommends FAVORABLE ACTION - Reason: By-Law not erplicit enough for interpretation purposes. The Planning Board unanimously recommends UNFAVORABLE ACTION - Reason: Due to the variables as presented, i.e. open space requirement is far toogreat on the development side rather than for the Town. (Re-zoning off Osgood & Barker Sts.) ARTICLE 97: ~zICL~ 98: ARTICLE 99: ~H~T~ICLE 100: ~e Planning Board unanimously recommends LqfFAVORABLE ACTION - Meason: Due to the variables as presented, i.e. open space requirement is far too great on the development side rather than for the Tovm. The Planning Board, b~~ majority vote (2-1), recommends FAVORABLE ACTION Reason: concern for reducing the possible density of the parcel for traffic congestion potential, watershed, and proximity to Stevens Pond area; there is potential for run-off and pollution to the Pond. The Planning Board, by majority vote (2-1), recommends FAVORABLE ACTION Reason: The Planning Board unanimously' recommends L~FFAVOR~BLE ACTION - Reason: We would be opening up all I-3 areas in Town for this purpose; not just affecting one parcel. BOARD RL'CO~..":~TDA?I@IS FOR 1.n. 90 A.T.M. ~TICLE 101: ABTICLE 102: ARTICLE 103: The Planning Board unanimously recommends U~rFAVORABLE ACTION - Reason: Concern with well water in the area, irreparable damage could be done if anything was accidentally dumped on %he site; i% will effect other sites in Town ~ud no% just this one parcel. The Pla3Lning Board unanimously recommends U~AVORABLE ACTION - Reason: It will not benefit the Town, it is more a benefit to individuals; any change to the I-1 District regarding use and impact to the To%~ requires considerable stu~r; this parcel is in litigation through a Board of Appeals action and no c?mmges should be made until this is resolved. The Pl~uning Board ~manimous!y recommends 13~,~AVORABLE ACTION - Reason: It would not enhance the Totem in any way; i~ would be a detriment to the Town. ~ Die,mi, Lo~o, Town ~k The Honorable Francis X. Bellotti Attorney General of Massachusetts One Ashburton Place Boston, Mass. 02108 TOWN OF NORTH ANDOVER TOWN BUILDING NORTH ANDOVER, MASS. 01845 May 5, 1980 Dear Attorney General: At our Annual Town Meeting Held in the Veteran's Auditorium of our North Andover Middle School April 26, 1980 at 1~30 P.M.. the following Article appeared in the Warrant and was voted upon and is hereby submitted for your approval, ARTICLE 25. To see if the Town will vote to amend its General By-Laws by adding the following new section: Section 8.3. Refuse o~d Trash Pickup Policy The Highway Surveyor shall each week collect the refuse and trash of each detached single family residence and each multiple dwelling that: a) contains less than nine living units; and bi is not part of an apartment or condominium complex containing nine living units or more. Service will be provided only if the refuse and trash is placed on the side of the highway in front of said residence or multiple dwelling. It shall be the duty of each owner of a multiple dwelling building or apartment or condominium complex containing nine living units or more and each owner of a building utilized for commerical~ business, or industrial purposes to cause to be removed at his own cost and expense all refuse and trash produced therein. The effective date of this amendment to the General Bylaws shall be sixty (60) days after its enactment and its approval by the Attorney General Of the Commonwealth, if such approval is required. Petition of the Highway Surveyor and Selectmen Under the aforesaid Article it was VOTED to ADOPT the Article. All requirements of the law have been complied with. LEHK TOWN OF NORTH ANDOYER HASSACHL~SETTS ~,.~ay 6, 1980 Daniel Long, Town Clerk Town Office Building North Andover, Ma. Dear ~,~o Long: This shall serve as notification %hat legal notices were mailed on Ar%icles 93, 94, mud 98 and passed at April 26, 1980 Annual Town Neeting. Very truly yours, PLA~TING BOARD William Chepulis, Chzirm~ ATTEST: RUE C R TOWN 'OF NORTH ANDOVER D~wr~ Lo~'G, To~ Clerk Honorable Francis X. Bellotti Attorney General of Massachusetts State House iBoston, Mass. TOWN BUILDING NORTH ANDOVER, MASS, 01845 May 5, 1980 Dear Mr. Bellotti: The following members of the North Andover Planning Board are all duly elected and have been sworn to said office. William Chepulis Jr. Chairman John J. Monteiro Vice-Chairman Michael P. Roberts Joyce A. DiTore Paul A. Hedstrom Clerk North Andover Planning Board ATTEST: ~ ~o~ CLEHK ~/ I:'II~AN¢Ia X. IELLOTTI THE COMMONWEALTh Of MASSACHUSETTS DEPARTMENT OF THE ATTORNEY GENERAL JOHN W, MC CORMAI~K STATE OFFICE BUILOING ONE: ASHBURTON PLACE, BOSTON 0~10S August 7, 1980 Daniel Long Town Clerk of North Andover Town Building North Andover, MA 01845 Dear Mr. Long: I enclose the amendments to general by-laws adopted under Articles 25 and 50 and the amendments to zoning by-laws adopted under Articles 93, 94 and 98 of the warrant for the North Andover Annual Town Meeting held April 26, 1980, with the approval of the Attorney General endorsed thereon and on the zoning map pertaining to Article 98. Ver~y truly yours, H~nry/F. O'Connell Assistant Attorney General HFO/cb Enclosures August 7, 1980 Boston, Massachusetts The foregoing amendments to the zoning by-laws adopted under Articles 93, 94 and 98 of the warrant at the North Andover Annual Town Meeting held April 26, 1980 are hereby approved. TOWN OF NORTH ANDOVER DANmL LON~I, Town Clerk Honorable Francis X. Bellotti Attorney General of Massachusetts One Ashburton Place Boston, Mass. 02108 TOWN BUILDING NOa~H AlqDOVER, MAS8. 0184§ May 5, 1980 Dear Attorney General: At our Annual Town Meeting held in the Veteran's Auditorium of our North Andover Middle School at 1.30 P.M. April. 26,~1980 the following Articles appeared in the Warrant and was voted upon and are hereby submitted for your approval. ARTICLE 26. ARTICLE 26. To see if the Town will vote to amend its General By-Laws by adding the following new section: Section 8.3. Transportation of Nuclear Waste Materials. The transporting of nuclear waste materials of any description through the Town of North Andover upon any highway, street, road or other public way, by raft, truck, aircraft, or any other vehicle or any common carrier or other transporting agent, either public or private, at any point in time is prohibited. Radioactive materials that are for use in, or incident to, research or medical diagnosis, or treatment, is excluded. Petition of Rober~ P. Vernon and others. Under the aforesaid Aticle it was VOTED by MAJORITY ~o ADOPT the Article with the following correction change Section 8.3 to read Section 8.~. ARTICLE 50. ARTICLE 50. To see if the Town will vote to amend its General By Laws by adding the following new section: Section 3.12, Building Permit Fees: The estimated construction costs of new buildings shall be based upon a cost factor of $20 per square foot. Estimated construction costs of additions, alternatives and remodeling shall be the actual contract price. The permit fees shall be $3.00 per thousand based on the estimated costs of construction. These shall be a minimum fee of $10 per permit. Building permit fees shall not be required for municipally-owned buildings or structures. Petition of the Building Inspector Under the aforesaid Article it was VOTED UNANIMOUS to ADOPT the Article, All requirements of the law have been complied with ATTEST: TOWN OF NORTH ANDOVER DANmL LON'c, Town Clerk ELECTION DEPA~EN~ ~The Honorable Francis X. Bellotti ~Attorney General of Massachusetts ~One Ashburton Place Boston, Mass. 02108 TOW~ BUILDING NORTH ANDOV~m, MASS. 01845 May 5, 1980 Dear Attorney General: ,At our Annual Town Meeting Held in the Veteran's Auditorium of our !North Andover Middle School April 26, 1980 at i 30 P.M~ the following Article appeared in the Warrant and was voted upon and is hereby submitted for your approval, ARTIgLE 25 ARTICLE 25. To see if the Town will vote to amend its General By-Laws by adding the following new section: Section 8.3. Refuse and Trash Pickup Policy The Highway Surveyor shall each week collect the refuse and trash of each detached single family residence and each multiple dwelling that: a~ contains less than nine living units; and b) is not part of an apartment or condominium complex containing nine living units or more. Service will be provided only if the refuse and trash is placed on the side of the highway in front of said residence or multiple dwelling. It shall be the duty of each owner of a multiple dwelling building or apartment or condominium complex containing nine living units or more and each owner of a building utilized for commerical, business, or industrial purposes to cause to be removed at his own cost and expense all refuse and trash produced therein. The effective date of this amendment to the General Bylaws shall be sixty (60~ days after its enactment and its approval by the Attorney General of the Commonweakh, if such approval is required. Petition of the Highway Surveyor and Selectmen Under the aforesaid Article All requirements of the law it was VOTED to ADOPT the Article. have been complied with, TOWN D~rmL Lo~ro, Town Clerk OF NORTH ANDOVER The Honorable Francis X. Bellotti Attorney General of Massachusetts One Ashburton Place Boston~ Mass. 02108 TOWN BUILDING NORTH ANDOVER, MASS. 01845 May 5~ 1980 ARTICL~ Dear Attorney General: At our Annual Town Meeting held in the Veteran's Auditorium of our North Andover Middle School April 26, 1089 at 1~30 P,M.. the following Zoning By-Laws Articles appeared in the Warrant and was voted upon are hereby submitted for your approval. ARTICLE 93. To see if the Town will vote to amend the Zoning By-Law as follows: Sec. 5.1 (1) to be deleted and the following inserted: "Sec. 5.1 (1): Excavation, removal, stripping, or mining of any earth material except as hereinafter permitted on any parcel of land, public or private, in North Audover, is prohibited. Sec. 5.1 (7) delete "9.13" and insert"10.13". Sec. 5.2 - add Subparagraph "i6): the word 'permit' in the Earth Removal Section shall mean and include a special permit for earth removal as issued by the Special Permit Granting Authority." Sec. 5.2 13) - to be deleted and the following inserted: "Sec. 5.2 (3) Earth Removal Operations: the excavation, removal, stripping, or mining of any earth material on any site within the Town of North Andover." Sec. 5.5 - to be deleted ami the following inserted: "Section 5.5 Earth Removal Incidental to Development, Construction, or Improvement". After Sections (1) and (2), add the following Subsections: "(3) where excavation, removal, stripping, or mining of earth on any parcel of land, public or private, is made necessary, by order of any other Board of Agency of the Town, such excavation, removal, stripping, or mining it' in excess of one thousand (1,000) cubic yards shall be governed by the provisions of Sec. 5.6 of this By-Law; (4) Excavation, removal, stripping, or mining of earth incidental to impr6vements shall be governed by the provisions of See. 5.6 of this By Law; and (5) All earth removal, excavation, stripping, or mining as allowed under this paragraph shall be governed by the provisions of Sec. 5.6 of this By-Law". Sec. 5.6 - to be deleted and the following inserted: "Section 5.6 Miscellaneous Removal of Earth: Excavation, removal, stripping, or mining of miscellaneous amounts of earth as allowed under Sec. 5.5 is permitted provided the excavation, removal, stripping, or mining is necessary for the improvement or development of the property on which the excavation or removal takes place. Excavation, removal, stripping, or mining of aggregate quantities of less than fifty (50) cubic yards on any one general site requires no formal approval. Where the excavation, removal, stripping, or mining of soil is in quantities in excess of fifty {50) cubic yards, but less than one-thousand (1,000) cubic yards, application must be made to the Building Inspector for a miscellaneous soil removal permit. Where special circumstances exist which require the excavation, removal, stripping, or mining of soil in excess of one thousand (1,000) cubic yards, but less than five-thousand (5,0001 cubic yards, a permit may be granted by the Board for such removal without a public bearing. However, where the excavation, removal, stripping, or mining exceed five thousand (5.000) cubic yards, then a public hearing will be necessary and the permit granted shall indicate the approximate quantity of soil to be removed, the purpose of rcmoval, and the location of the site of removal. The permit shall also specify that upon completion of excavation, exposed subsoil shall be graded and covered with loam to a minimum depth of six (6) inches and that the removal is to be controlled by the appropriate section of Paragraph 5.7 (Operating Standards). It is further pr. vialed that except where removal under this Paragraph is done in connection with the formation or enlargement of a pond, excavation shall not be permitted below the mean grade of the street or road serving the property. The excavation of said pond in an}' event shall not be such as to change the direction or flow of a water course or to cause surface water to gather as a sump or swale. Excavations for burying large rocks and stumps shall immediately be back-filled for safety reasons. Failure to meet the requirements of this Paragraph shall be deemed a violation of the Zoning By-Law." Petition of the Planning Board August 7, 1980 Boston, Massachusetts The within zoning map adopted under Article 98 of the warrant at the North Andover Annual Town Meeting held April 26, 1980, is hereby approved. August 7, 1980 Boston, Massachusetts The foregoing amendments to the general by-laws adopted under Articles 25 and 50 of the warrant at the North Andover Annual Town Meeting held April 26, 1980, are hereby TOWN OF NORTH ANDOVER Dal~mL Lo~ro, Town Clerk TOWN' BUILDING NORTH ANDOYER, MASS. 01845 May ~ 1980 Under the afore said Article 93 it was VOTED UNANIMOUS ADOPT the Article with the following correction Fifth line of fifth paragraph Section 5~5: change the word "of" to "or" between the words Board and Agency ARTICL~ 9~ ARTICLE 94. To see if the TOwn will vote to amend the Zoning By-Law as follows: I Delete present wording under Table 2, Footnote 2 and insert the following: "Adjacent to residential districts, an additional 15 foot side or rear setback shall be required. The first 15 feet of the total setback abutting the residential district shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon", and 2 Delete present wording under Table 2, Footnote 3 and insert the following: "Adjacent to residential districts, the required side or rear setback shall be 100 feet. The first 50 feet of such setback abutting the residential district shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon." Petition of the Planning Board Under the aforesaid Aticle 94 iwas VOTED UNANIMOUS to ADOPT the Article with the following amendments. In part "1: after the word upon add the sentence. "In the Busines 2 District the side yard requirement ma~ be eliminated when two adjoining property owners agree to sha~e a party wall. And add footnote "2" to side setback under General Business in Table 2, SUMMARY OF DIMENSIONAL REQUIREMENTS. ARTICLE 98 ARTICLE 98. To see if the Town will vote to amend its Zoning By-Law and Zoning Map by changing from Residence 3 (R-3) to Residence 2 (R-2) that parcel of land bounded by Great Pond Road, Stevens Street, and Pleasant Street. Petition of Dennis J. McManus, Jr. and others Under the aforesaid Article 98 it was VOTED to Adopt.. the Article AFFIRMATIVE 1~2 NEGATIVE 51 All requirements of the law have been complied with~ ATTES~ d d ~0 r-