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Home My WebLink About1972-06-05THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE ATTORNEY GENERAL STATE HOUSE · BOSTON 02133 August 2, ~972 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 llA and the amendment to zoning map adopted under Article llB of the warrant at the special town meeting held June 5, 1972, with the approval of the Attorney General endorsed thereon. Very truly yours, Carter Lee Assistant Attorney General eL/jan ENC. SIGN BY-LAW: 1972 S,IGNS AND OUTDOOR LIGHTIN~ P~ULATIONS Section 1..General Objectives 1) 2) To restrict private signs and lights which overload the public's capacity to receive info~mation, which violate privacy, cr 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. Secti°n 2.I ..~efinitions l) 2) Si~n: 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 (.qf a si~n): The surface area of any 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 an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural mambers 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, proviH~ng that the two display surfaces are joined at anangle no greater than60 degrees. Ail sides of multi-faced signs, visible from any one street, shall be included in the calculation cf surface area. Illuminated si~n~ Illuminated sign shall mean any sign which has ¢~aracters, letters, figures, designs or outlines directed on it or internal to it, illuminated. G~ound si~n: Ar~ sign erected on the ground which is wholly self- supported from the ground. Wall si~n: Ar~ 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) · 7) 9) lO) ll) 12) Noof si~n.' Any sign erected, constructed, and maintained wholly upon or over the roof of any building with the entire support on the roof structure. ProjectinM 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 structure in front of which the sign is positioned. Occupancy sign: Any sign intended to identify from the street a specific occupant or tenant of a building as opposed to a wall or roof or ground sign identifying the building as a whole an~ its predominant use. Pedest.riau si~n: Any sign intended to identify from the sidewelk, at pedestrian level, a specific occupant or tenant of a building. Temporary sign: Any outdoor sign intended to be displayed for a continuous period of not more than sixty (60) days. Permanent si~n: Any sign permitted to be erected for more than sixty (60) days. Marquee: Any roof-like sheltering structure of permanent construction projecting from the wall of a building or structure. 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 anM carried by a frame supported by the ground or sidewalk. Flagpole: A pole erected on the roof, or projecting from a building or structure, or on the ground. Section ~. ~11owed SiMns Signs whose subject matter relates exclusively to the premises on which they are located, or to products, accommodations, or activities on those premises, shall be allowed as follows: Number of Signs 1) Each building may have one wall or roof or ground sign oriented to each street on which the premises have frontage, identifying the building as a whole or its predominant use. In addition, there may be one occupancy sign and one pedestrian sign oriented to each street on which the premises have frontaget re- lating to each occupancy within the building. There may also be certain signs listed in Section B below. Location and Size of Signs 1) No sign shall overhang the public way more than 12 inches. 3)¸ No sign sb~ll extend more than 20 feet above record grade or more than four feet above ~he lo,est point of the roof of the single story building ~Klth w~ich it is associated, whichever is less re- strictive, nor above the third floor of a multi-story building except that motels, hotels, ami 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 shall be set back a minimum of ten feet from ~ll 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 building of which they are a part. C. Maximum Si,~n...Area (cumulative for all signs) 1) 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 All Signs 20 feet 67 square feet 25 75 30 82 60 95 50 106 60 116 ?o 126 80 134 90 143 lOO 15o 125 168 175 198 200 212 250 237 300 260 6OO 3OO 500 336 Si~n Size Exceptions 1) Signs in residential districts shall not exceed two square feet or as allowed in Section ~.12 of the Zoning By-Law, whichever is more restrictive. 2) The following are allowed in addition to signs as limited above: a) Names of buildings, date of erection, monumental citations, and commemorative tablets up to ten square feet in area, when made a permanent and integral part of the building. b) Building directories, up to 20 square feet in area if located outside. c) Educational signs of up to 20 square feet, providing bulletin or poster display space, identifying or expl'~ing local history or processes going on out of sight ~ithin the building, meeting letter size and location requirements for pedestrian signs. Traffic control and guidance signs, in conformance with public traffic sign standards, but located on private property, and orientation~l signs up to two square feet in area, displayed for purposes of direction or convenience, including signs identifying rest rooms, freight entrances, and the like. 3) Permanent signs on the surface or inside display windows shall cover no more than ten percent of the display window area. E. Lettering Size l) Wall or roof signs a~ ground signs shall not employ letters exceeding eight inches in height in Res~ence Districts or 18 inches in height elsewhere. 2) Occupancy signs sb~11 not employ letters exceeding eight inches in height. 3) Pedestrian signs shall not employ letters exceeding three inches in height. F. Illumination l) Signs sb~11 bo illuminated ornly by steac~v, stationa~, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians, or neighborin~ premises. Illuminated signs shall mt produce more than one foot-candle of illu- mination four feet from the sign. Signs shall not be illuminated between the hours of 11:00 P.M. and 7:00 A.M. unless related to an establishment operating during those hours. All temporary or permanent outdoor lights such as those used for area lighting or building floodlighting or sign lighting shall be steady, stationary, shielded sources diro~ted so that the light source is not directly visible to any point beyond the lot lines of the premises. G. .Temporary $i~ns The following signs are allowed for a period up to one year withes a permit. l) Construction signs: One u~ltghted 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 processt but not including the advertisement of any product. These signs must be removed within 14 days after the beginning of the intended activity. 2) Real estate signs: One unlighted signofup 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 14 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 Parking Signs Off-street parking facilities for tenor 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. Section 4., Pro,hibited Devices 1) No sign or light shall move, flash, or make noise. (Iu~iicators 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 slowt" "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. Signs and lights shall be made to conform to the requirements of this By-law within ~ f;llv.i:,~ ~i~ of its effective date: ~4~ion u£ $~ction 3, p~-~-~h G ~.ud ~ccticn ......... tn ~ Section 6. Administration l) No sign, except those specific-lly exempted by this By-law, shall be erected without a permit issued by the Building Inspector, application for which shall be accompanied by such scale drawings, photographs, and other information as the Building Inspector may require to identify the characteristics of the proposed sign. Non-conforming signs shall be removed by their owner within ten days of the period set forth in Section 5, or else the Building Inspector shall, cause their removal at the expense of the owner. TOWN OF NORTH ANDOVER JOIIN J. LYONS, Tow~ Clerk F-~LI~CTION ]~]~pAHTMENT JUgTICE OF THE PEACE TO~rN' BUII~I~G NORTH A.~DO~m~, MASS. 018~5 CERTIFICATION OF VOTE THIS IS TO CERTIFY that by its action upon Article ll-B of the Warrant for the Special Town Meeting of June 5, 1972, the Town of North Andover voted to amend the 1956 Zoning Map of the Town (as heretofore amended from time to time) by substituting in place thereof the May 1972 proposed zoning map, an attested copy of which, as it was amended and adopted by the Meeting, is hereto annexed. Tke vote of the Town upon the adoption of the new zoning Map was by a vote of 379 to 13. Boston, Mass. August 2, 1972 The foregoing amendment to zoning by-laws adopted under Article ll-B is approved. Attorney Gener 1 PROPOSED ZONING BY-LAW - 1972 CONTENTS Section 1 PURPOSES Section 2 DEFINITIONS Section 3 3.1 3.2 3.3 Section 4 4.1 k.2 &.3 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 ZONING DISTRICTS AND BOUNDARIES Establishment of Districts Zoning Map District Boundaries BUILDINGS AND USES PEEMITTED District Use Regulations Accessory Uses Access to Buildings Summary of Use Regulations EARTH MATERIALS REMOVAL DIMENSIONAL REQUI~S 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 PaKe 1 2 following page 25 27 29 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 Board of Appeals Special Permit Temporary Permit Variance from Zoning By-Law Amendments to Zoning By-Law Conflict of Laws Validity Page 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 phrases 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 present tense include the future tense, the word "person" includes a corporation as well as an individual, the word "lot" in- 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 in- clude the words "intended, arranged or designed to be used or occupied". 2.2 SPECIFIC WORDS AND PHRASES For the purposes of this By-law, the following words and terms used herein shall have the meanings or limitations of meaning hereby defined, explained or assigned. 2.21 Accessqr~ 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 re- 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 minor repair service is rendered. 2.24 Body Shop A building, or part thereof, used for structural re- 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 ag governed by the General Laws of Massachusetts. Building A structure having a roof supported by columns or walls for the shelter, support, or enclosure of persons, animals or property. -2- (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 6r 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 Dwellin$, 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 to be occupied and used exclusively for residential purposes by each of not more than two families (same as "duplex"). 2.35 Dwelling Unit One or more rooms, including cooking facilities, and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes. ~3- · (Section 2 continued) 2.36 Erected The word "erected" shall include the words "built," "constructed," "reconstructed," "altered," "enlarged, and "moved." 2.37 Family One or more persons occupying the same premises and living as a single housekeeping unit as distinguished from a group occupying a boarding house, lodging house, club, fraternity or hotel. 2.38 Frontage The distance between lot sidelines measured along the street line. 2.39 Guest House A dwelling in which overnight accommodations are provided or offered for transient guests for compensation. The term "guest house" shall be deemed to include tourist home, but not hotel, motel or multi-family dwelling. 2.40 Home Occupation An accessory use conducted in a dwelling by the residents thereof which is clearly secondary to the use of the 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 without 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 for loading and unloading goods, merchandise or other mater- ials. 2.43 Lot An area of land in one ownership with definite boundaries ascertainable by recorded deed. or plan. 2.44 Lot, Corner A lot abutting upon two (2) intersection. or more streets at their 2.45 Lot Lines The property lines bounding the lot. 2.46 Lot Line, Front The line sep'~rating 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 Parking 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 Parkin9 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 2.58 Personal Service Establishment An establishment providing personal services to the public such as shoe repair, barbering, dry cleaning, etc. Place of Worship A church, temple, synagogue, mosque, or other similar place of worship, including parish house, rectory or convent. --5-- (Section 2 continued) 2.59 2.60 Plannin~ Board The Plannin~ Board of the Town of North Andover as governed 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 Roomin9 House Any building or portion thereof containing more than 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 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". 2.66 Town House An attached house in a row of three or more such houses capable of being sold as an independent dwelling with its own lot, as provided by 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. 2.7~o 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 DISTRIGTS AND BOUNDARIES ~.1 ,.,ESTABLISHMENT OF DISTRICTS The town of North Andover is hereby divided into zoning districts designated as follows: Residence 1 District Residence 2 District Residence 3 District Residence ~ District Residence 5 District Business 1 District Business 2 District Business 3 District Business A District General Business District Industrial 1 District Industrial 2 District Industrial "S" District ~. 2 ZONIR~ MAP The zoning districts established herein are bounded as shown on a map entitled "Zoning Map of the To~n of North Andover" dated~ay ~, 1972 (as amended) on file at the office of the Town Clerk. This map accompanies and is hereby made apart of this By-Law. 3.~1 ,,, DISTRICT BouNDARIES Where uncertainty exists as to the boundaries of any of the aforesaid districts as shown on the Zoning ~ap, the Building Inspector shall determine the location of such boundaries. Descriptions of all General Business Dis- tricts shall be kept on file in the office of the Town Clerk for use to determine General Business District boundaries. Section ~ B~'~.nlN~S AND ,,USES , DISTRICT USE E~LATIONS General Pro,~sions In the zoning districts above specified, the following designated buildings and alterations and extensions thereof and buil~4ngs accessory thereto end the following designated uses of land, b,,41dings, or parts thereof and uses accessory thereto are per- mitted. Ail other buildings end uses are hereby expressly pro- hibitede ~hen a lot in one o~nership is situated in part in the Town of North.Andover and in part in en adjacent to~n or city, the provisions, regulations end 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 ~, 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 end govern at and beyond such zoning district boundary but only to en 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. ~.121 Permitted Uses Residence 1 District, Residence 2 District and Residence ~ District One family dwelling but not to exceed one dwelling on any one lot. Place of worship. Rooming house, renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the f~m~ly resident in a dwelling so used, provided there be no display or advertising on such dwelltng.?~r its lot other than a name plate Or sign not to exceed six ~6) inches by twonty- four (2~) inches in size, and further provided that no d~elling shall be erected or altered primarily for such use. (5) 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 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 ofthe premises upon which they are placed. (6) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and green houses. (7) (9) (lO) (13) 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 auy number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. Swimming pools in excess of two feet depth shall be considered a structure and permitted provided such pools are enclosed by a suitable wall or fence at least four feet in height to be deter- mined by the Building Inspector to prevent the entrance of per- sons other than those residing at the pool location and further provided that such pool&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 (lO) feet. Museul~s. Public school or private school not conducted for profit. Public building and public service corporations (Special Permit required), but not including public works garages. Golf course. Swimming and/or tennis clubs shall be permitted with a Special Permit. Cemetery. ~o,122 (1) (2) (3) ~oo~tnghouse. Nursing and Convalescent hose - see ~me~lsional req,,4~aments of Table 2 - ($pecial Permit required.) An~ 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. _ ,Residence ~ District One-family dwelling. Place of worship. Renting rooms for dwolling purposes or furnishing table board to not more than four persons not mombers 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 (2~) 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 (~) inches and provided that in any dwallingt such home occupations shall be carried on by not more than five persons of whom at least one shall reside in such dwelling. thirty-six (36[inches in size which shall advertise only the rental, lease or sale ef the premises upon which they are placed. a) Far~ing of field crops and ro~ crops, truck gardens, orchards, plant nurseries, and green heuses. b) On ar~ lot of at least three (3) acres, the keeping of a total of net ~oro than three (3) of a~ kind or assortment of animals or bi~is 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~f ~ne additional animal or bird; but not the keeping of an~ ~m~lst birdst 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 ~ or birds regardless of ~nership and the operation of equestrian riding academies, stables, stud far~s, dairy farms, and poultrybatteries. d) The sale of products raised as a result of the above uses on the subject (7) (e) (lO) (ll) Swimming pools in excess of two feet depth shall be considered a structure and permitted provided such pools are enclosed by a suitable wall or fence at least four feet in height to be deter- mined by the Building Inspector to prevent the entrance of per- sons other than those residing at the pool location and further provided that such pools are located to the rear of the front buildAng line of the house and no closer to a side or rear lot lime than ten (10) feet. Muse'L~Is. Public school or private school not conducted for profit. Public building and public service corporation use, (Special Permit required), but not including public works garages. Golf course. Swimming and/or tennis clubs shall be permitted with a Special Permit. (13) Cemetery. Duplex or two-family dwellings including the right to convert any building to accommodate more than two dwelling units by Special Permit from the Board of Appeals subject to the follow- ing regulations: A. Definitions: The conversion regulations shall apply to any building 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 the State Statutes and Health and Building codes. As used in this ordinance the word "room" shall not include bathrooms. B. Application: Applications for permits to convert shall be made on a form to be prescribed by the Board of Appeals. Said application shall 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 o~ners of the subject premises. 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- 7. Plot plan showing location of proposed build4ags, driveways and parking areas, existing domestic sewers, city water and proposed storm water disposal, certified by a registered land 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. 11. A detailed architect's plan showing proposed changes ~ith specifi- cations. C. Conditions precedent to ~ranting of permit: No special permit shall be issued unless the following requirements have been met: Land Area.' a. b. C. d. The minimum land area required per converted dwelling unit shall be: Efficiency or studio apartments ............... 1,500 square feet square feet per unit. Apartments of not more than one bedroom.......2,0OO square feet square feet per unit. Apartments of not more than two bedrooms ...... 3,000 square feet square feet per unit. Apartments of three or more bedrooms..........~,5OO square feet square feet per unit. Notwithstanding the foregoing the permitted minimum lot area per structure so converted sh-ll be not less than twelve thousand five hundred (12,5OO) square feet, and the street frontage width of such lot shall be not less than one hundred (1OO) feet; unless other~ise allowed by the Board of Appeals. 2. Parking: Off-street parking shall be provided and located behind the front line of the converted building net nearer than twenty feet to any property line other than a street line according to the following minimum standards: One and one-half (ih) parking spaces per unit up to fifty units. Two 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 additional 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. Ail main access and egress roadways within the development shall be thirty feet wide with no parking adjoining the roadways. No main roadway sb~ll be less than twenty feet. 0 c. A parking space shall be not less than 10 feet by 20 feet. d. In parallel parking areas there shall be twenty feet of driveway and back-up space between each parallel line. Con. struction: No major exterior structural changes shall be made ex- cept such as may be required by all applicable building codes or by Massachusetts General Laws. Design: a. No room in any apartment shall be less than 100 square feet in area. Over-all area of units must not be less than: Efficiency ........................... ~50 square feet One bedroom ..................... · ....600 square feet Two bedroom ....... ... ................ 750 square feet Three bedroom ........................ 1,O00 square feet For each bedroom in addition to three there shall be an additional 200 square feet per apartment. b. For conversions to multi-family dwelling where the units exceed 12 there shall be provided outdoor recreation areas with rec- reational facilities. The minimum size of said recreation areas shall be 1,O00 square feet per unit up to ~O units and ~O0 square feet for each unit over ~0, unless otherwise allowed by the Board of Appeals. Specific~lly exempted from this provision are one bedroom unit Housing for Elderly. c. Ail parking areas shall be suitably paved with bituminous or con- crete material, with bermed curbing. Individual parking spaces shall be separated by stripes. Pre-cast or steel bumper stops shall be placed at each designated parking space. d. Over-all site preparation shall be under the direction of a quali- fied registered professional engineer. e. In any conversion, all areas not built upon shall be suitably landscaped so as to enhance the aesthetic appeal of the project. f. Each apartment unit shall be provided with a storage compartment of not less than 10% of the floor area of each apartment. g. Stairways leading to the second or any high floor shall be enclosed. Sewers: For conversion, domestic sanitary sewers of the town must be available for connection to the converted building. Wat.e.r.~ 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 20 units shall be required. (17) Town Houses. Guest or rooming houses. Nursing and convalescent hemes (SpecialPermit required). See dimensiop~ requirements of Table 2. Any accessory use custemarLly incident to any of the above per- mitred uses, provided that such accessory uee shall be not in- Jurious, noxious, or offensive to the neighborhood. (1) Residenc. e ~ District Place of worship. Rentingroems for dwollingpurposes or furnishin~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 primarLlyfor such use. Home occupations provided there be no display and no exterior ad- vertis/n~except an announcement si/n not to exceed six (6) inches by twentyn+.v-four (2~) inches and provided that in anydwelling, such home occupations sb-11 be carried on bynot more than five persons of whom at least one sB~11 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. (6) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and green houses. b) On ar~ lot of at least three (3) acres, the keeping of a total of not more than three (3) of any ki,M or assortmant 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 ~uy animalst birds, or pets cf perseus 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 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) Swimming pools in excess of two feet depth shall be considered a structure and permitted provided such pools are enclosed by a suitable wall or fence at least four feet in height to be deter- mined by the Building Inspector to prevent the entrance of persons other than those residing 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. (8) Museums. (9) Public school or private school not conduct~for profit. (10) Public building or use and public service corporations (Special Permit required)9 but not including public works garages. (11) Golf course. (12) Swimming and/or tennis clubs shall be permitted with a Special Permit. (13) Cemetery. Town houses. (15) Guest or rooming houses. (16) Nursing and convalescent homes (Special Permit required). See dimensional requirements of Table 2. (17) Multi-family dwellings. ProfeSsional offices on the ground floor of multi-family dwelling structures. (Floor area utilized for offices shall reduce the total floor space ordinarily permitted for residential use on a proportional basis. Each 1,000 square feet or part thereof of such floor space shall reduce the permitted number of dwelling units by one.) (20) Hotel or motel (Special Permit required). Parking, indoor storage and other accessory uses associated with the above uses9 provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. , Business 1 District (1) Retail establishments. (2) Personal service establishments. (3) Professional offices, banks, real estate offices and insurance offices. (4) Eating or drinking uses maybe permitted only as a secondary use within a permitted primary use. (7) (9) (ii) Place of ~orsh~p. Nonprofit school.' Public b,,41 a4m_g or use and public service corporation. Residential use where such use is not more than 50 percent of the total floor space in the structure. a) Farming of field crops and ro~ 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 o~nership 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 an~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 2District (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. -17- (7) Swimming and/or tennis clubs shall be permitted with a Special Permit. (9) (lO) (ll) (l?) 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 2,000 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 Special 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 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. 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. 4.126 Business ~ Distric~ (1) ~etall establishments. (~) 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 2,000 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) (il) (16) (l?) (le) (19) c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of o~nersh~p 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. 127 Business 4 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 floor area of the principal uses. (~) Place of worship. (5) Nonprofit school or private school for profit or museum. (6) Public building or use and public service corporations. (7) Hotel or motel (limited to one in each 2,000 linear feet of street or highway as measured along centerline). (8) Medical center, clinic or medical laboratory. (9) Nursing and convalescent homes. See dimensional requirements of Table 2. (10) Art gallery. (11) S~imming and/or tennis clubs shall be permitted with a Special Permit. (12) Printing and reproduction. (13) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (lO) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses 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. C~neral 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 p~nt~nf, ~u~ 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 lm~ch room. (6) Residential use where such use is not more than 50 percent of the total floor space in the structure. (7) Any accessory use customarily incident to any of the above per- mitted uses, provided that such accessory use shall be not in- jurious, noxious, or offensive to the neighborhood. 4,12 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 gross floor area of the principal uses. -21- (7) (9) (lO) (ll) (12) (13) (16) Place of worship. Nonprofit school or private school for profit. Public buildlug 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 a Special Permit. Printing and reproduction. Helistop (defined as a landing and take-off place for a helicopter but not including facilities for storage or major repair of heli- copters). Special Permit required. 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. 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 nl~ber 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. Warehousing and wholesaling shall be permitted only as a secondary use. Golf course, Parking, indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use sh~11 not be injurious, noxious, or offensive to the neighborhood. 4.130 Industrial 2 District (2) (3) Research and development facilities. 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 floor area of the principal uses. Place of worship. (6) (7) (9) (lO) (n) (13) Nonprofit school or private school for profit. Public building or use and public service corporation. Medical center, clinic or medical laboratory. Art gallery. Swimming and/or tennis clubs shall be permitted with a Special Permit. Recreation areas (Special Permit required). Printing and reproduction. 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. Light manufacturing including manufacturing, fabrication, processing, finishing, assemblyt 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, smoker fumes, odor, noise, vibration, light or other adverse environmental effect. 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 tot~l 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. -23- (15) (16) (17) (is) (20) (22) (23) d) The sale of products raised as a result of the above uses on the subject land. Narehousing and wholesaling. Golf course. 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. Bus garage. Automobile service station (limited to one in each 2,000 linear feet of street or highway as measured along centerline). Car wash. 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 accessory use shall not be injurious, noxious, or offensive to the neighborhood. 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, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise, other commercial non-retail activity, provided such uses are con- ducted solely withina building and further provided that such uses are not offensive, noxious, detrimental or dangerous to surrounding areas or the to~n by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. (8) Premises of a bank, post office, telephone exchange or telephone busimees office, local bus passenger station or business office buildings. By special permit, an automobile service and filling station, a diner, a restaurant, a retail food store, but no other retail stores of any kind. (9) (lO) 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 (l) 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 neighborheod. 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. Table 1 S~$~/hY OF USE ~GULATIONS PermtttedUse L,2~3~es' Ecs. ~ Res. 5T Bus. ii Bus. 2F-~, 3 1 Bus. ~l ~ ~. 1 ~. 2 ~. S ~c~t~ Use1 ~es ~ Yes Yes ~ Yes ~ Yes Yes Yes ~ Yes Yes Yes ~ G~l~e~ ~ ~ No~ ~ ~ Yes , Yes ~es Yes Yes Yes Y~ NO Auto A ve~cle r~AUt° se~ce stati~l ~ NOir ] ~ No ~ ~ ,~ Yes~ YesA ~' No YesI ~ ~ Yes~ ~ p~, ~7 shoP ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Yes ~ '~ Yes ~ Oar wash No No No No No No j No Yes i No I Yes : No Cemete~ JYes Yes Yes NO No ! No ~ No No No I No { No ! No No No1 Nc1 Yes ! Yes No1 Yes ] No1 NO1 3P Funeral parlor iNS No, No i Ns , Yes : Xes i No , Yes i NO i NO Ne Ool~ course Yes Yes Yes ~ NO No No : NO No ; Yes Yes Yes ~est ho-se ;.o' ~es: ~.~ No ,"° i~ I"° .... I NO i.o ,NO INO tleListop No No No No ~ ~ ! Nc ' No i No i ~ ~ No ~.{.y No .o No ; res < res j NO j ~es i NO No No Manufac%urin~1 ,, Yes Yes Yes No No No ~ NO NO ~ No i NO ~o Medical centar1 No No No No Yes Yes Yes ! Yes Yes : Yes No Motel or hotel No No SP No , No No i Yesi SP : NO NO ': No ~ ~ No ! .o No No .o No ~nU~t tsdwellin~ , No No Yes No1 SP i I ~ Yes i No ~ Yes : NO No i No New car sales1 No No No NO NO Nonprofi~ school iYes Yes Yes Yes Yes i Yes ! Yes Yes ~ ~ I ! , ,Yes , Yes , Yes ~b~"~:al- ~ ~ ~ ~ No i.NO J No ., Yes I~ iNs No iNo One-fam~&~rdwe:li~ Yes Yes i Yes No i No No Nc No No No i No ~~ce , No No i No: ; Y" Yes ~es No1 ~es No: NoI No~ Place of worship Yes Yes [ Yes Yes Yes Yes Yes Yes Yes Yes i Yes : Yes ~ Yes Yes ~v~f~hool No No NO No Yes Yes Yes ', Yes !Yes ~, Yes , Yes Professional offices No~ NO~ i Yesl Yes Yes Yes Yes Yes i Yes i Yes i ~es ~?~f bu~d~ ~ ~ i~ Yes Yes ~ss, ~., Y" iTM i Yes ~screation areas SP i ~ i ~P SP i SP SP SP ~P ~P i SP No ~S~fch~i~t~lop- NO No , No : No No Yes; Yes Yes ~es i ~es i Yes Be%~il establishment No i No No i Yes Yes Yes i N°l Yesl Nsl ' i 1 1 i 1 ; i , TaXi ds~ot : No i NO No NO Yes _ i Yes i No ~ Yes To~n houses ~ ~ Yes Yes No ~ ~ ~ NO No ~ .~ SP ~ .. ] ~e~w~f~dwe~$ N~ ] Yes ~ Yes j ,~ ~ No ~ ~~t~i ~ NO ' No ~ ~ No ~ ~ N°~iNo ~ ~ YesN° i ~ ~NO j 1 See d~ed district use re~tions, SP .with Special Permit only. NOTE: This chart is for 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 EARTH MATERIALS REMOVAL The removal of sod, loam, s°il, 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 maybe 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 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 and shall be paid for by the petitioner. (2) 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 residential 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 (A) 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 Plannin& Board or by the Board of Appeals or for the purpose of construct~ utilities or other en~neerir~ works for public earvice or for the purpose of level~ug an area for an acceptable residential sub- division. Nor shall this re~ulation be deemed to prohibit the transferral of sod, loam, so~l, clay, sandt ~ravel or stone from one part of a lot, tract or parcel of land to another part of the same lot, tract or parcel of land in the same o~nership. Section 6 DIMENSIONAL REQUIREMENTS 6.1 LOT Minimum lot areas for uses in each district shall be as set forth in Table 2, Summary of Dimensional Requirementst which is hereby made a part of this by-law. (1) (2) 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 witkin 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 ]iue not more than seventy-five (75) feet in length connecting other lines bound~ug such lot which if extended would intersect, the area and frontage required in such lot shall be computed as if such potentially intersecting l~nes were so extended; but if a curved line more than seventy- five (75) feet in length is the whole of any one boundary i/ne of a lot, the minimum area and minimum frontage required shall be determined entirely within the lines bounding such lot, including such curved I/ne. No lott 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, conveyedt devised or otherwise transferred in violation hereoft no b,,11ding permit or other permit shall be issued with reference to any of the land so transferred or to the lot (s) reta~ued until ~1t of such land and lots meet the requirements of this Zoning By-law. An~ land taken by eminent doma~u 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 FRO .~.. AGE Minimum street frontage shall be as set forth in Table 2. In no case shall actual street frontage at the street line be less than 75 feet. Corner lots shall be required to have the required frontage only on one street. Minimum front~ side and rear setbacks shall be as set forth in Table 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. 6.4 BUILDING HEIGHTS Maximum heights of buildings shall be as set forth in Table 2. is defined in Section 2. "B,,~ 1 ding height" The foregoing limitations of height in feet in the zoning districts designated shall not apply to farm buildings on farms of not less than ten (10) acres area, nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, pent- houses, processing towers and other accessory structural features usually erected at a height greater than the main roofs of any buildings, nor to domes, bell towers or spires of churches or other buildings, provided all such features are in no way used for living purposes, and further provided that no such structural feature of any non-manufacturing building shall exceed a height of sixty-five (65) feet from the ground nor of a manufacturing building a height of eighty-five (85) feet from the ground except by permission of the Board of Appeals acting under G.L. Ch. &OA. , ¢OVEAGE. Maximum lot coverage by buildings shall be as set forth in Table 2. Lot coverage shall mean the percent of the lot covered by principal and accessory structures. 6.6 AaEA , ATIO Maximum floor area ratio (FAR) shall be as set forth in Table 2. FAR is the ratio between the total amount of building floor area on all usable floors and the area of the lot on which it is located. Maximum dwelling unit density (dwelling units per acre) shall be as set forth in Table 2. (1) of this By-Law (2) and the The residential lot areas and frontages above required and listed in Table 2 shall not apply in any residence district to any lot of less area or less frontage than above required if such lot be not adjoined by other land of the same owner, available for combination with or use in connection with such lot, provided that the applicant for a building permit on any such lot shall show by citations from the Essex County Registry of Deeds incorporated in or attached to such application that such lot was lawfully laid out and duly recorded by plan or deed prior to the~effective date and provided that on such a lot there shall be kept open and not built upon a front yard and a rear yard each not less than 20 feet deep, and two side yards, each not less than 12 feet wide. In Residence ~ Districts only, two or more vacant lots, mutually adjoining, may with a Special Permit from the Board of Appeals be permitted to be com- bined into a new lot or lots of not less than 10, O00 square feet area each, and with not less than 100 feet street frontage, provided it be shown to the Board of Appeals that each of said vacant lots before combination was of less area or less frontage than required herein and, by citations from the Essex County Registry of Deeds, that each such lot was lawfully laid out and duly recorded by plan or deed prior to the effective date of this By-Law Building Inspector sha~l permit the construction of one single family dwelling on each such 10, O00 sq,,~e feet lot. Notwithstandin~ any other provision of law, no amendment to this Zoning By-law sha~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 ~1 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 ~1 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. LO% ~rea-mi~i- Height msmimum Street Front setback1 Side setback- minimum Re~ s~c~ F~or ~ Rati~ LOt Density Table 2 Res. 46 IRns. 56'7 Bus. Front setback shel~ be a minimum of 100 feet along Route 11~, regardless of districtt and 10~ feet along Route 125 in Industrial 1 and 2 Districts~ the first 50 feet of front setback ~der this requirement shall be planted and landscaped and ns parking shall be permitted. Adjacent to residential districto~ an additional 15 foet side or rear setback shall be provided. Thi~ additional setback area shall be m$intained open and green, and suitably landscapedt unbuilt upon, ~paved and unparksd upon. In the Business 2 District the side yard requirement may be eliminated when two adjoining property owners agree to share a party well. Adjacent to rezidential districts (incl~ding those in bordar~mg towns), an additional 50 foot side or rear setback shall be required. This additional setback area shall be maimtained ope~ and green, and suitably landscaped, un- built upon, unpaved and unperksd upon. If an enclosed parking structure is provided, lot coverage may be increased up to the emonnt of such pa~king area but not to exceed a total coverage ef Minimum lot size for a to~house complex she!! be ~3,~0 square feet although individual tomr~ouse lots may be a minimum of 3,000 square fact. F. inimum lot size for an apartment cumplex ~ be &O, 000 sqom~e feet. Dinsnsic~ml regulations for tomnhouse complexes shall meet the requirements of the Residence 5 District; individual towehouees within the ccmplox~ however, shall be regulated as fcllo~s: Rinim~ Street Frontage: 18 feet Minimum Rear ~etback.' 30 feet FAnizm~ Freer Bethack: 30 feet ~ Floor Area Ratio: X.20..1 Minimum Side Setback: none required where a party wall is ~aximum Lot Coverage: 3~ constructed between anito~ otherwise ~h~ximum Number of a 25 foot side setback shall he Contiguou~ Units: 10 provided. The following additional reqv~rements shall apply when apartments or to~nhouse complexes are constructed in this diet.ct ~ (a) There sh~ll be & paved drivemay or paved ~alk adequate to accommodate emergency vehXclns within 50 feet of the ontside entrance of each d~elling unit. (b) AnF road providing access th towahouses or iota intended for to~nheuses shall conform to the subdivision control regulations of the Planning Beam/. (c) An~ road or driveway providing principal access to more than 1~ apartment dwelling units or more than 24 parking spacec shalX conform to approp~iete previsions of the subdivision control regulations en if it ~ere a minor residential street. Before issuing a building permit in such cases the Building Inspector shall obtain a report frc~ the Pier. ting Board on the extent of such c~r~formit2. (d) Maximum height (apartment building: ~.0 feet. (e) ~im~m stories of llvin~ quarters (apertmant b~Adln~): 3- (f) Maximum units per structure (apartment building): 1~. In Residence 4 Districts onXy, front setback may be the average of all front setbacks of dwelling umits within 250 feet on either side of lot. Nursin~ and convalescent hemes s~a!! have at least 600 square feet of lot area par bed. M~h~tmum lot size for such homes in Ri, R2, end R3 districts shall be 2 acres. -32- S~ection 7. SUPPLEMENTARY PJ~CJJLATIO~ 2.1 QFF-STREET PARKIM~ (1) Whenever a building 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 b,,~l~ug or on a lot contiguous thereto (or within 100 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 reo?iwements of the following schedule for the new building or increased design capacity of floor area: Us__~e One or two-family residence. Minimum Spaces. O~e space per dwelling unit. Three or more family residence (including apartments). 1.50 spaces per d~elling unit of two or more bedrooms. 1.25 spacesper dweld_tng 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 houses, hotels, motels, hospitals, nursin~ homes, etc. One space per sleeping room for single or double occupancy. (If occupancy ex- ceeds t~o per room~ one space per two beds shall be provided.) Auditoriums, theaters, athletic fields, funeral 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 1,OOO 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. Offices, research facilities. Three spaces per 1, O00 square feet of net floor area (excluding storage area). Warehousing, wholesaling, distributing. One space per 1, OOO square feet of gross floor area. Manufacturing, assembly, fabricating, etc. One space for each two employees in the maximum workin~ shift or one space for each 1, OOO square feet of gross floor area, whichever is greater. (2) (3) ('7) (8) (9) (lO) (ll) 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 re, tired 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. If the Building Inspector is unable to identify a usewith one or more of the uses in the above schedule, application shall be made to the Board of Appeals for the purpose of determining a sufficient quantity of parking spaces to accommodate the automobiles of all customers, employees, visitors occupants, members or clients consistent with the provisions contained tn the above schedule. The Board of Appeals may by variance make exceptions to the provisions of this section and, upon a written request of the owner and after a public hearing, authorize the 5~uilding Inspector to issue permits for buildings and uses having less off-street parking than specified herein, whenever the Board of Appeals finds that under normal circumstances such lesser off-street parking area would adequately provide for the needs of all persons using such building. Such exception may be limited as to time, use or intensity of use. ~ parking space shall mean an area of not less than 9x18 feet accessible over unobstructed driveways. These spaces shall be graded and paved for all except one or two family residential uses. For multi-family dwellings the front yard shall not be used for parking purposes. In all residential districts the front yard shall not be used for parking for accessory uses. In residence districts parking or outdoor storage of one recreational vehicle (camper, etc.) and one boat per dwell~ngunit may be permitted in an area to the rear of the front line of the building. Ail other 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 other than passenger sedans and passenger station wagons, but not counting farm trucks nor motor-powered agricultural implements on an agriculturally act,.ye 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) 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 w. 11, barrier, or fence of uniform appearance at least five feet high, but not more than seven feet above finished grade. (c) 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- quired 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 SEEVICE STATIONS AND ..~H~ AUTO. MOTIVE SERVICF-q Automobile service and filling stations, automobile repair shops, body shops and painting shops, tire storest 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. In addition, the use or structure shall conform to the following requirements (in addition to district requirements): (1) The minimmm 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 ~g~all be 30 feet; the minimum width shall be 20 feet. (3) The minimum distance of driveways, measured at the street lot line or lines sh~l] be as follows: (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 ~0 feet. (5) The minimt~n setback of gasoline pumps from _~ll street lot lines shall be 12 feet. (6) A raised concrete or granite curb at least six inches in height shall be constructed along all lot lines except at driveway openi~s. (?) 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 at all times, and shall not be permitted to exceed seven feet in height within required side yards. Such screening or barriers maybe interrupted by normal entrances or exits and shallnot be required within ten feet of a street lot line. Section 8 NONCONFORN?~ 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 builSiug 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 bui181ug or use is situatedt or except as may be permitted other- wise by the North Andover Board of Appeals. 8.2 ALTf~ATION OR EXTENSION A use, or structure housing a use, which does not conform to the regulations of this By-law, but which did conform to A_ll applicable regulations when initially established shall not be changed, extended, or enlarged except in accordance with the following provisions: (1) Such change shall be approved by the Board of Appeals. (2) Such change shall be permitted only upon the same lot occupied by the non- conforming use on the date that it became nonconforming. (3) Any increase in volame, area, or extent of the nonconforming use shall not exceed an aggregate of more than 25 percent of the original use. (u) 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 AFTER CATASTROPHE Any nonconforming building or structure destroyed or damaged by fire, flood, lightning, wind or otherwise to the extent of sixtY-five (6~) 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. mOA. If any lawf,,lly nonconforming b,,ilat~g 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 locatedt it shall thereafter continue to conform. Section 9, ADMINISTRATION The North Andover Zoning By-law shall be enforced by the North Andover Building Inspector. The Building Inspector upon being informed in writing of a possible violation of this By-law or on his own initiative, shall make or cause to be made an investigation of facts and an inspection of the premises where such violation may exist. The Buil~ug Inspector, on evidence of any violation after investigation and inspection, shall give written notice of such violation to the owner and to the occupant of such premisest a~M the Building Inspector shall de- mand in such notice that such violation be abated within such reasonable time as maybe designated therein bytheBuilding Inspector. Such notice and 5e~nd may be given by mail addressed to the owner at the address appearing for him on the most recent real estate tax records of North Andover, and to the occupant at the address of the premises of such seeming violation. If, after such notice and demand, such violation has not been abated within the time specified, the Building Inspector or the Selectmen shall institute appro- priate action or proceedings in the n~me of the Town of North Andover to prevent, correct, restrain or abate any violation of this By-law. 9.11 Bu.ild!ng P~rmit No building shall be erected, altered, moved, razed or added to in North Andover without a written permit issued by the Building Inspector. Such permits shall be applied for in writing to the Building Inspector. The Building Inspector shall not issue any such permit unless the plans for the building and the intended use thereof in all respects fulfill the provisions of the North Andover Zoning By-law (and other applicable town by-laws) except as may have been specifically permitted otherwise by action of the North Andover Board of Appeals, provided a written copy of the terms governing any exception so permitted be attached to the applica- tionfor a building permit and to the building permit issued therefor. One copy of each such permit, as issued, including any conditions or ex- ceptions attached thereto, sh~]] be kept on file in the office of the Building Inspector. In addition to the information required above, a plot plan shall indicate provisions for all other physical requirements of this By-law, including but not limited to off-street parkingt screening and fencing. Upon granting a permit the B,,~]ding Inspector shall cause a copy to 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 by a fine not exceeding $20.00 for each offense. Each day that such violation continues shall constitute a separate offense. 9.22 Appointment ar, d 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 Appeal~ 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 ar~ provision of the By-law. Such appeal shall be taken within thirty days, as provided by Section 16 of Chapter ~OA of the General Laws. Power~,,o~ th~ Boar~ ,of A~opea~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. 9.3 SPECIAL PI~'qIT 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 W~ll not adversely affect the neighborhood. (c) There wt11 be no nuisance or serious hazard to vehicles or pedestrians. (d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. In approving a Special Permit the Board of Appeals may attach such conditions and safeguards as are deemed necessary to protect the neighborhood, such as but not limited to the following: (a) Requirement of front, side or rear yards greater than the mini- mum required by this By-law. (b) Requirements of screening parking areas or other parts of the premises from adjoining premises or from the street, by walls, fences, planting~ or other devices as specified by the Board of Appeals. (c) Modification of the exterior features or appearances of the structure. (d) Limitation of size, number of occupants, method or time of operation, or extent of facilities. (e) Regulation of number, design, and location of access drives or other traffic features. (f) Requirement of off-streetparking or other special features beyond the minimum required by this or other applicable by-laws. ?.Q ...... TEMPORARY P~iMIT The Board of Appeals may grant a temporary use or occupancy permit for a perio~ of not more than one year at a time, subject to a single renewal. Such permits shall be subject to conditions imposed by the Board related to safeguarding the character of the district affected end shall be granted in accordance with the procedures provided herein for the granting of Special Permits. VARIANCE FROM ZONIN,,G BY-LAW The Board of Appeals may authorize a variance from the terms of this By-law where, owing to conditions especially affecting a parcel of land or a building but not affecting genera]]y the zoning district in which it is located, a literal enforcement of the provisions of the By-law would involve substantial hardship, financial or otherwise, to the appellant, and where desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By-law. In exercising this power, the Board may impose limitations both of time and of use, end 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-L~W 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 ~OA of the General Laws. ?.61 Application ~a~d Hearin~ 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 T°wnMeeting. 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: (i) 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. ?.62 Action Taken Under Prior By-Law Except as otherwise provided in Section ll, 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. 9.7 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 upon the use, height, area and location of buildings and structures and the use of premises than is imposed byother By-laws, the provisions of this By-law shall control. . VALIDI~ The invalidity of anysection or provision of this By. law shall not invalidate any other section or provision thereof. 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 llA and the amendment to zoning map adopted under Article 11B of the warrant at the special town meeting held June 5, 1972, with the approval of the Attorney General endorsed thereon. Carter Lee Assistant Attorney General eL/jan ENC. · NORTH A? DOV£R ~ SIGN BY-LAW: 1972 SIGNS AND OUTDOOR LIGHTI~REGULATIONS $~ction 1. General Objectives l) 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. 2) To encourage signing and lightingand other private communications which aid orientation, identify activities, express local history and character or serve other educational purposes. 3) To reduce conflict among private signs and lighting and between the private and public information systems. Section 2. Definitions l) Si~n: 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. 2) Surface area (of a si~n): The surface area of any 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 an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included. 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 amy one street, shall be included in the calculation of surface area. 3) Ill..mmin..ated si~n: Illuminated sign shall mean any sign which has characters, letters, figures, designs or outlines directed on it or internal to it, illuminated. Ground si~n: Any sign erected on the ground which is wholly self- supported fro~ the grou~. Wall si~n~ At. sign affixed to or painted on a wall or window, or visible through a ~lndow, of a bui~A~g or other structure with the exposed face thereof in a plane parallel or almost parallel to the plane of said es11. 6) · 7) lO) ll) 12) 13) Roof si~n: Any sign erectedt constructed, and m~ntained wholly upon or over the roof of any building with the entire support on the roof structure. ProjectinK sikh: 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 structure in front of which the sign is positioned. Occupancy si~n: Any sign intended to identify from the street a specific occupant or tenant of a building as opposed to a wall or roof or ground sign identifying th, building as a whole and its predominant use. Pedestrian si~: Any sign intended to identify from the sidewalk, at pedestrian level, a specific occupant or tenant of a building. Temporary si~n: Any outdoor sign intended to be displayed for a continuous period of not more than sixty (60) days. Permanent si~n: Any sign permitted to be erected for more than sixty da s. ~arquee: Any roof-like sheltering structure of permanent construction projecting from the wall of a building or structure. 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 sidewalk. Flagpole: A pole erected on the roof, or projecting from a building or structure, or on the ground. Section ~., Allowed Signs Signs whose subject matter relates exclusively to the premises on which they are located, or to products, accommodations, or activities on those premises, shall be allowed as follows: Number of Signs 1) Each building may have one wall or roof or ground sign oriented to each street on which the premises have frontage, identifying the building as a whole or its predominant use. In addition, there may be one occupancy sign and one pedestrian sign oriented to each street on which the premises have frontage, re- lating to each occupancy within the building. There may also be certai~ signs listed in Section B below. Location and Size of Signs 1) No sign shall overhang the public way more than 12 inches. 3) 5) 6) No sign shall extend more than 20 feet above record grade or more than four feet above the lowest point of the roof of the single story building with which it is associatedt whichever is less re- strictive, nor above the third floor of a multi-story building except that motelst hotels, and other transient lodgings may display such signs up to kO 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 ~rlthin the building. For other than first floor occupants occupancy signs shall be located between the second and third floors. Ground signs shall be set back a m~!mum of ten feet from aJ_l property lines and a minimum of 50 feet frem all residential districts or structures. The area of ground signs shall be limited to one square foot for each seven lineal feet of street £rontage. 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 building of which they are a part. C. Maximum, Si~n Area (cumulative for all signs) l) With the exceptions noted below, the total surface area of all exterior signs on the premises sb~11 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 All Signs. 20 feet 67 square feet 25 75 30 82 50 6O 116 70 126 80 13~ 9O 1~3 100 150 125 168 15o 175 200 212 250 237 3o0 2~0 ~00 300 50O 336 Si~n Size Exceptions 1) Signs in residential districts shall not exceed two square feet or as allowed in Section ~.12 of the Zoning By-Law, whichever is more restrictive. 2) The following are allowed in addition to signs as limited above: a) Names of buildings, date of erection, monumental citations, and commemorative tablets up to ten square feet in area, when made a permanent and integralpart of the building. b) Building directories, up to 20 square feet in area if located 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 within the building, meeting letter size and location requirements for pedestrian signs. d) Traffic control and guidance signs, in conformance with public traffic sign standards, but located on private property, and orientational signs up to two square feet in area, displayed for purposes of direction or convenience, including signs identifying rest rooms, freight entrances, and the like. 3) Permanent signs on the surface or inside display windows shall cover no more than ten percent of the display window area. E. Letterin~ Size l) Wall or roof signs and ground signs shall not employ letters exceeding eight inches in height in Residence Districts or 18 inches in height elsewhere. 2) Occupancy signs shall not employ letters exceeding eight inches in height. 3) Pedestrian signs shall not employ letters exceeding three inches in height. F. Illumination l) 3) Signs shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians, or neighboring premises. Illuminated signs shall not produce more than one foot-candle of illu- mination four feet from the sign. Signs shall not be illuminated between the hours of ll:OOP.M, and 7:00 A.M. unless related to an establishment operating during those hours. All 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 Signs The following signs are allowed for a period up to one year ~ith~ permit. l) Construction signs: One u~hted 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. 2) 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 14 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-Stree. t Parkin~ Signs Off-street parking facilities for ten or more cars must be identified by a sign displa~ng 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. Section $. Prohibited Devices 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 vie~ of ar~ signalized intersection. 3) An~ imitation of official traffic signs or sigmals and the use of such words as "stop~ "look," "go slow," "cautiont" or 'warnin~' are pro- hibited. Fluorescent colors in the yellow to red spectrum are prohibited. 5) Signs with neon tubes exposed to view are prohibited. Section ~,. ~-n 2c~_ '-,] f--~:~--- (e. xistinK signs) Signs and lights sha~ be made to confo~ to the requirements of this By-law ~th~ ~..~ i." ~..I..~ ~4J~L~ ~ ~ ~Y~ _~: Section 6. 2) Administratio,n No sign, except those specifically exempted by this By-law, shall be erected without a permit issued by the Building Inspector, application for which shall be accompanied by such scale drawings, photographs, and other information as the Building Inspector may require to identify the characteristics of the proposed sign. Non-conforming signs shall be removed by their owner within ten days of the period set forth in Section 5, or else the Building Inspector shall cause their removal at the expense of the owner. ZONING BY-LAW - 1972 CONTENTS Section Section Section Section Section Section Section Section 2 3.1 3.2 3.3 Table 1: 6 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 Table 2: 7 7.1 7.2 8 8.1 8.2 8.3 8.~ PURPOSES DEFINITIONS ZONING DISTRICTS AND BOUNDARIES Establishment of Districts Zoning Map District Boundaries BUILDINGS ANDUSESP~ITTED District Use Regulations Accessory Uses Access to Buildings Summary of Use Regulations EARTH MATerIALS R~OVAL DIMENSIONAL REQUIREMENTS Lot Areas Street Frontage Yards (setbacks Building Heights Lot Coverage Floor Area Ratio Dwelling Unit Demsity Exceptions Summary of Dimensional Requirements SUPPL~TARY R~GULATIONS Off-Street Parking Automobile Service Stations and Other Automotive Services ~ON-CONFORMING USES Continuance Alteration or Extension Rebuilding After Catastrophe Abandonment Pa~e 1 2 8 page 25 27 29 following page 31 33 3? Section 9 9.1 9.11 9.12 9-2 9.3 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 38 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. l GENERAL For the purpose of this By-law, certain words or phrases 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 present tense include the future tense, the word "person" includes a corporation as well as an individual, the word "lot" in- 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 in- clude the words "intended, arranged or designed to be used or occupied". 2.2 SPECIFIC WORDS AND PHRASES For the purposes of this By-law, the following words and terms used herein shall have the meanings or limitations of meaning hereby defined, explained or assigned. 2.21 Accessory Use or Structure A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. 2.22 Automobile Repair Shop. A building or part of a building in which major re- pairs are made to motor vehicles, in which heavy machinery is used. 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 minor repair service is rendered. 2.24 Body Shop '~ .building, or part thereof, used for structural re- 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 as governed by the General Laws of Massachusetts. Building A structure having a roof supported by columns or walls for the shelter, support, or enclosure of persons, animals or property. -2- (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 Wh~6h 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 6~ 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-Famil~ 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"). 2.35 Dwellin9 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. 23- (Section 2 continued) 2.36 Erected The word "erected" shall include the words "built," "constructed," "reconstructed," "altered," "enlarged," and "moved." 2.37 Famil~ One or more persons occupying the same premises and living as a single housekeeping unit as distinguished from a group occupying a boarding house, lodging house, club, fraternity or hotel. 2.38 Frontaqe The distance between lot sidelines measured along the street line. 2.39 Guest House A dwelling in which overnight accommodations are provided or offered for transient guests for compensation. The term "guest house" shall be deemed to include tourist home, but not hotel, motel or multi-family dwelling. 2.40 Home Occupation An accessory use conducted in a dwelling by the residents thereof which is clearly secondary to the use of the building for living purposes. 2.41 Hotel or Motel A building d~signed for occupancy as the temporary residence of individuals who are lodged with or without meals and in which no provision is made for cooking in any individual room or suite. 2.42 Loading Bay An oPening in a building not less than ten feet in width and 9 feet in height including a platform for loading and unloading goods, merchandise or other mater- ials. 2.43 Lot An area of land in one ownership with definite boundaries ascertainable by recorded deed-or plan. 2.44 Lot, Corner A lot abutting upon two intersection. (2) or more streets at their 2.45 Lot Lines The property lines bounding the lot. 2.46 Lot Line, Front The lf~e 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 Parking 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, Publiq ~ny 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 Planning Board The Planning Board of the Town of North Andover as governed by the General Laws of Massachusetts. Public Building or Use A building or use owned or operated by a local, county, state or federal governmental agency. 2.61 Rooming House Any building or portion thereof containing more than 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 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". 2.66 Town House An attached house in a row of three or more such houses capable of being sold as an independent dwelling with its own lot, as provided by 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 9 ,TDNING DISTRICTS AND BOUI~D~IF~S ~.1 ESTA~NMENT OF DISTRICTS The town of NortXl'~Andover is hereby as follows: ~ District Residence Residence 3 Residence ~ Residence 5 Business i Dist ct Business 2 Business 3 Business ~ Distric~ General Business Industrial 1 District Industrial 2 District Industrial "~' District zoning districts designated The zoning districts entitled "Zoning Map of the (as amended) on file at the and is hereby made a part of 3.3 ,D,,ISTRICT Where uncertainty exists as districts as shown on the the location of such tricts shall be kept on determine General Business ~u~ed as shown on a map of N~rth dated ~ay ., 1972 ce of the Clerk. This map accompanies the boundaries of~of the aforesaid ' in the office of the Town Clerk for use to boundaries. )NIN~DISTRICTS AND ..BO~IND. ARIF~ ~ENT OF DISTRICTS ~ Andover is hereby divided into ze~ir~ districts designated ~ I District Residence 2 District Residence 3 District Residence ~ District Residence 5 District Business 1 District Business 2 District Business 3 District Business ~ District General Business District Industrial 1 District Industrial 2 District Industrial "S" District The zoning districts established by this By-Law are bounded as shown on a map entitled "Zoning Map of the To~n of North Andover", dated May 12, 1972, as the same may be adopted by the Town, and as it may hereafter be amended. Said map accompanies and is hereby made a part of this By-Law. An~ land area mot designated upon said map as being within another zoning district shall bewith- in the 'Residence 2 District." 3.3 DISTRIqT BOUNDARIES Where uncertainty exists as to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the Buildi~ Inspector sb-ll determine the location of such boundaries. In reaching any such determi~tiont the Building 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 & BUILDIH}S ,AND USES P~MITTED 4.1 4.11 DIST~IGT USE BE~ ,trnA, TIONS General Provisions In the zoning districts above specified, the following designated buildings and alterations and extensions thereof and buildings accessory thereto and the following designated uses of land, buildings, or parts thereof and uses accessory thereto are per- mitted. Ail other buildings and uses are hereby expressly pro- hibitede 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 and 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 &.121 Permitted Uses Residence 1 District, Residence 2 District and Residence ~ Dist.rict (l) (2) (3) family dwelling but not to exceed one dwelling on any one lot. Place of worship. 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 (2~) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. (5) 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 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 (22) 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. (7) 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 fam.tly 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, 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 feet depth shall be considered a structure and permitted provided such pools are enclosed by a suitable wall or fence at least four feet in height to be deter- mined by the Building Inspector to prevent the entrance of per- sons other than those residing at the pool location and further provided that such pool~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 (lO) feet. (8)Museums. ,/,-/... (9) ................ (10) Public building and public ser~ce corporations (Special Permit required), but not including public ~orks garages. (11) Golf course. (12) Sw2~ning and/or temps clubs shall be per~tted with a Special Petit. (13) Cemetery. Nursing and Convalescent home - see d~mensional 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. ,~,122 , .Re. sidence 4 Dist. rict (1) One-f dwenU . (2) Place of worship. Renting rooms for d~elllng purposes or furnishing table board to not more than four person~ not members of the fmmily resident in a dwelling so used, provided there he 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) thebes by twenty-four (2~) inches and provided that in any dwe111ug, such home occupations shall 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 (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. (6) a) Farming of field crops and rev 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 hirdl but not the keeping of any entmals, 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 o~nership 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) (9) (lO) (ll) Swimming pools in excess of two feet depth shall be considered a structure and permitted provided such pools are enclosed by a suitable wall or fence at least four feet in height to be deter- mined by the Building Inspector to prevent the entrance of per- sons other than those residing at the pool 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 (10) feet. Museums. ~*" Fr~v~l,e ~huul .u~ uo~id~ctcd Public building and public service corporation use, (Special Permit required), but not including public works garages. Golf course° Swimming and/or tennis clubs shall be permitted with a Special Permit. (i3) Cemetery. Duplex or two-family dwellings including the right to convert any building to accommodate more than two dwelling units by Special Permit from the Board of Appeals subject to the follow- ing regulations: A. Definitions: The conversion regulations shall apply to any building 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 the State Statutes and Health and Building codes. As used in this ordinance the word "room" shall not include bathrooms. B. Application: Applications for permits to convert shall be made on a form to be prescribed by the Board of Appeals. Said application shall be made to the Zoning Board of Appeals. The application shall contain: 1. The ownerls name, The owner's address. 3. The names of the adjoining boundary owners of the subject premises. 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. 7. Plot plan showing location of proposed buildings, driveways and parking areas, existing domestic sewers, city water and proposed storm water disposal, certified by a registered land 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. 11. A detailed architect's plan showing proposed changes ~ith specifi- cations. C. Conditions precedent to granting of pgrmit: No special permit shall be issued unless the following requirements have been met: L. and Area: a, b. C, d. The minimum land area required per converted dwelling unit shall be: Efficiency or studio apartments ............... 1,500 square feet square feet per unit. Apartments of not more than one bedroom ....... 2,000 square feet square feet per unit. Apartments of not more than two bedrooms ...... 3,000 square feet square feet per unit. Apartments of three or more bedrooms .......... ~,500 square feet square feet per unit. 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 ~ridth of such lot sh~ll be not less than one hundred (100) feet; unless otherwise ~l~owedbytheBoard 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 Line other than a street line according to the following minimum standards: a. One and one-half (1~) 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 additional 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 main access and egress roadwayswithinthe development shall be thirty feet widewithno parking adJoining the roadways. No main roadway shall be less than twenty feet. c. A parking space shall be not less than 10 feet by 20 feet. d. In parallel parking areas there shall be twenty feet of driveway and back-up space between each parallel line. Construction: No major exterior structural changes shall be made ex- cept such as maybe required byall applicable building codes or by Massachusetts General Laws. Design: a. No room in any apartment shall be less than 1OO square feet in area. Over-all area of units must not be less than: Efficiency ........................... &50 square feet One bedroom ................. . ........ 60Osquare feet Two bedroom .... . ..................... 750 square feet Three bedroom ........................ 1,O00 square feet For each bedroom in addition to three there shall be an additional 200 square feet per apartment. b. For conversions to multi-family dwelling where the units exceed 12 there shall be provided outdoor recreation areas with rec- reational facilities. The minimum size of said recreation areas shall be 1, O00 square feet per unit up to ~0 units and &O0 square feet for each unit over ~0, unless otherwise allowed by the Board of Appeals. Specifically exempted from this provision are one bedroom unit Housing for Elderly. c. Ail parking areas shall be suitably paved with bituminous or con- crete material, with bermed curbing. Individual parking spaces shall be separated by stripes. Pre-cast or steel bumper stops shall be placed at each designated parking space. d. Over-~ll site preparation shall be under the direction of a quali- fied registered professional engineer. e. In any conversion, all areas not built upon shall be suitably landscaped so as to enhance the aesthetic appeal of the project. f. Each apartment unit sh-ll be provided with a storage compartment of not less than lO, of the floor area of each apartment. g. Stairways leading to the second or any high floor shall be enclosed. ~ewers:. For conversion, domestic sanitary sewers of the town must be available for connection to the converted building. Water~ 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 20 units shall be required. (XS) Town Houses. Guest or rooming houses. Nursing and convalescent homes (Special Permit 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) (3) One-f emily 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 dwellingso used, provided there be no display or advertising on such dwelling or its lot other than an ama 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 beno display andno exterior ad- vertisingexcept an announcement sign not to exceed six (6) inches by twenty"+-V-four (24) inches and provided that in any dwelling, such home occupations shall be carried on bynot more than five persons of ~hem at least one shall reside in such dweLLing. 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 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 ar~ lot of at least ten (10) acres, the keeping of any number of a~tmals or birds regardless of ownership and the operation of equestrian ri~i-g academies~ stables, stud farms, d~i~y farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. (7) (e) (9) (10) (il) (12) (17) Swimming pools in excess of two feet depth shall be considered a structure amd permitted provided such pools are enclosed by a suitable wall or fence at least four feet in height to 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 building line of the house and no closer to a side or rear lot line than ten feet. Museums, ol ~r-prigate school no~c6~uc%~fur prv~i~. Pubic b~ld~g or use ~d pubic se~ce cor~rations (Special Permi$ required)~ b~ no~ includ~g public works ~araEes. ~lf course. S~E ~d/or te~s clubs sha~ be pe~itted ~th a Special Pe~it. Cemete~. Town houses. Guest or rooming houses. Nursing and convalescent homes (Special Permit required). dimensional requirements of Table 2. See (20) (~) Multi-family dwellings. Professional offices on the ground floor of multi-family dwelling structures. (Floor area utilized for offices shall reduce the total floor space ordinarily permitted for residential use on a proportional basis. Each 1,000 square feet or part thereof of such floor space shall reduce the permitted number of dwelling units by one.) Hotel or motel (Special Permit required). 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 1 District (1) Retail establishments. (2) (3) Personal service establishments. Professional offices, banks, real estate offices and insurance offices. Eating or drinking uses maybe permitted only as a secondary use within a permitted primary use. (lO) (ll) ?lace of worship. Nonprofit school. Public bu~n~or use and public serwice corporation. Residential use %.~--rc~ ~..= u=c is not ---= '~' 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 ar~v kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additions! 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, andpoultrybatteries. 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 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) ga .%ar . -17- (?) Swimming ancot tennis clubs sh~ll be permitted with a Special Permit. (e) (lO) (ll) (lZ) (l?) (lo) 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 2,000 l~near feet of street or highway as measured along centerline). Medical center, clinic or medical laboratory. Funeral parlor. Multi-family dwellings and to~n houses (~ith Special 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 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 cf 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. 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. 4..126 Business ~ District (1) Retail establishments. (2) Personal service establishments. (3) Professional offices, banks, real estate offices and insurance offices. (4) Business and other offices. (5) Public building or use and public service corporation. (6) Art g er . (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 2,000 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. (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 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) (n) (12) ( 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. Business 4 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. (4) Place of worship. (5) Nonprofit school or private school for profit or museum. (6) Public building or use and public service corporations. (7) Hotel or motel (limited to one in each 2,000 linear feet of street or highway as measured along centerline). (8) Medical center, clinic or medical laboratory. (9) Nursing and convalescent homes. See dimensional requirements of Table 2. (10) Art gallery. (11) Swimming and/or tennis clubs shall be permitted with a Special Permit. (12) Printing and reproduction. (13) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot 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. 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. 4.128 General Business Retail stores and wholesale stores, salesrooms, funeral parlors, showrooms or places for any professional, artistic or mercantile activity, not invoIving 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 repair 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. (7) Any accessory use customarily incident to any of the above per- mitted 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 drinking use shall be permitted in an amount not to exceed five percent of total gross floor area of the principal uses. (5) (6) Place of worship. Nonprofit school or private school for profit. Public building or use and public service corporation. (7) Medical center, clinic or medical laboratory. (8) Art gallery or museum. (9) Swimming and/or tennis clubs shall be permitted with a Special Permit. (io) (ii) (12) (13) Printing and reproduction. Helistop (defined as a landing and take-off place for a helicopter but not including facilities for storage or major repair of heli- copters). Special Permit required. 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 to~n by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. 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 m~ber 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. Warehousing and wholesaling shall be permitted only as a secondary use. Golf course. 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. 4' Industrial 2 District (1) (6) (?) (lO) (Ll) (13) Research and development facilities. 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 floor area of the principal uses. 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. Swimming and/or tennis clubs shall be permitted with a Special Permit. Recreation areas (Special Permit required). Printing and reproduction. 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. 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. 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 tot:~t 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. -23- d) The sale of products raised as a result of the above uses on the subject land. (15) Warehousing and wholesaling. (16) Golf course. (17) 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. (18) Bus garage. (19) Automobile service station (limited to one in each 2,000 linear feet of street or highway as measured along centerline). (20) Car wash. (21) Automobile or other motor vehicle repair, provided all activities are within an enclosed building. (22) Veterinary hospital and k~nnels, provided all activities are within an enclosed building. (23) 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. 4.1~1 Industrial "S" Distr. ict (1) Research and development facilities. (2) Business, professional and other offices. (3) Place of worship. (A) Nonprofit school or private school for profit. (5) Public building or useand public service corporation. (6) Printing and reproduction. (7) Light manufacturing including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise, other co~mnercial 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 or telephone business office, local bus passenger station or business office buildings. By special permit, an automobile service and filling station, a diner, a restaurant, a retail food store, but no other retail stores of any kind. (9) Warehousing and wholesaling. 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. (ll) Bus garage. A, CCES$OR USES 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. Where manufacturing of amy 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 consmmer. ACCESS TO BUILDINGS ~o 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 SU~t~Y OF USE RS~LATIO~3 Pe~nitted U~e es. i Res. ~ricultural Use1 ~es ~ Yes Auto sauce stati~' ~ ~ No Auto a ve~c~ r~ ~ ~ ~ ~ara~e ~l~s & other Car wash Cemeter~ Fvner~l ~arlOr C~lf course Guest house Helistop iYes Yes Yes NO NO No1 ~NO NO ~ NO Yes Yes i Yes Ho Yes ! Yes No No No ~s. 1 ~s. 2 Bus. 3 ~s. & Yes I yoo Yes Yes Yes NO ~ Yes"' Yes Yes Yes NO [ NO ,I yes~ 'yes~ ~ NO iNO NO NO NO ~NO ~ NO NO I NO1 Yes Yes i Yes NO ~o ! No i NO * I ~ NO ~ ~ i NO Nol Yes ! Yes NO1 NO Yes Yes NO NO NO ' NO No NO ! NO ! NO I NO NO i Yes ~ Yes NO No f NO ~ NO NO ~NO : ~o NO Manufacturin~1 No i NO NO Medical center1 NO No No Notel or hotel No No ,, SP Mew car sales1 ' No NO NO Nonprofit school [Yes Yes Yes One-famil~ dwelling 'Yes Yea i Yes g~l~l~8~ce No NO i Noi Place of Worship Ye~.. . Yes i. Yes ~g & repro- No NO i NO Recreation areas Yes Yes NO Yes Ho Yes Yes Yes I No NO Yes } No1 Yes i NO Ind. 1 Ind, 2 Ind. Yes Yes Yes Yes yes No NO Yes~ Yes Me Yea Yes Yes I Yes Yes I NO No1 ! SP No r No Yes i NO ![ NO Yes NO ! Yes No ! Yes ' Yes i Yes i Yes Yes ~ .Yes I NO No : NO ~ NO I Yesz SP No NO ~ NO NO ~o ! Yes I Ilo i Yes ~o NO " NO Yes , res ~ ~es ,~ res ~1 ' ~ Yes Yes Yes Yes ;No No No ~ Yes Yes ~1 Yes No1 No1 Yes ~ Yes Yes Yes Yes Yes Yes ~ ~es Yes Yes Yes ~ Yes ~ les ~ Yes Yes ; Yes ' ~eS ' Yes Yes Yes Yes t Yes Yes Yes ~es ~ Yes Yes Yes Yes Yes Y~s Yes ~ Yse ~ Yes Yes Yes ! Yes. Yes No1 Yes Yea Yes Re}all,establishment NO i No NOl i Yee ! lea Yes ~ leal NO1. Ho No hous. Y'sli Y'e i Yes i .o, No No .o T~ demt NO ~ No ~ , ~ Y~s ~ Yes i ~ i Yes ~o ~ ~ ~ ~e~ hospit~ ~ ~ No No ~ ~ j No ~ No ~ ~es ~ ~o ~d ~ NO NO NO ~ NO ' NO I NO J Yes No1 ~es j Yes 1 See detailed district use regulations. SP = with Special Permit only. ~DTE: This chart is for 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 EARTH MAT~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 maybe 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 cf 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 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, 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- 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. 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 by the Plannir~ Board or by the Board of Appeals or for the purpose of constructing utilities or other engineering works for public service or for the purpose of leveling an area for an acceptable residential sub- division. Nor shall this regulation be deemed to prohibit the transferral of sod, loam~ soil~ clay~ sand, ~ravel or stone from one part of a lot, tract or parcel of land to another part of the same lot, tract or parcel of land in the same ownership. Section 6 DIMENSIONAL REQUIREMENTS 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. (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 line not more than seventy-five (75) feet in length connecting other lines bounding such lot which if extended would intersectt the area and frontage required in such lot shall be computed as if such potentially intersecting llnes were so extended; but if a curved line more than seventy- five (75) feet in length is the whole of any one boundary line of a lot, the minimum area and minimum frontage required shall be determined entirely within the lines bounding such lot, including such curved line. 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 b,,ilding permit or other permit shall be issued with reference to any of the land so transferred or to the lot (s) ret,lued 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 STREET FRONTAGE Minimum street frontage shall be as set forth in Table 2. In no case shall actual street frontage at the street line be less than 75 feet. Corner lots shall be required to have the required frontage only on one street. 6. ~ .... YARDS (SETBACKS) Minimum front, side and rear setbacks shall be as set forth in Table 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. 6.4 BUILDING .HEIGHTS Maximum heights of buildings shall be as set forth in Table 2. "Building height" is defined in Section 2. The foregoing limitations of height in feet in the zoning districts designated shall not apply to farm buildings on farms of not less than ten (10) acres area, nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, pent- houses, processing towers and other accessory structural features usually erected at a height greater than the main roofs of any buildings, nor to domes, bell towers or spires of churches or other buildings, provided all such features are in no way used for living purposes, and further provided that no such structural feature of any non-manufacturing buildlug shall exceed a height of sixty-five (65) feet from the ground nor of a manufacturing building a height of eighty-five (85) feet from the ground except by permission of the Board of Appeals acting under G.L. Ch. ~OA. Maximum lot coverage by buildings shall be as set forth in Table 2. Lot coverage shall mean the percent of the lot covered by principal and accessory structures. 6.6 FLOOR AREA RATIO Maximum floor area ratio (FAR) shall be as set forth in Table 2. FAR is the ratio between the total amount of building floor area on all usable floors and the area of the lot on which it is located. 6.7, DW~.~,I .N9 UNIT DENSITY Maximum dwelling unit density (dwelling units per acre) shall be as set forth in Table 2. of this By-Law and the 6.8 ,, EXCEPTIONS (1) The residential lot areas and frontages above required and listed in Table 2 shall not apply in any residence district to any lot of less area or less frontage thanabove required if such lot be not adjoined by other land of the same owner, available for combination with or use in connection with such lot, provided that the applicant for a building permit on any such lot shall show by citations from the Essex County Registry of Deeds incorporated in or attached to such application that such lot was lawfully laid out and duly recorded by plan or deed prior to theeffective date and provided that on such a lot there shall be kept open and not built upon a front yard and a rear yard each not less than 20 feet deep, and two side yards, each not less than 12 feet wide. (2) In Residence & Districts only, two or more vacant lots, mutually adjoining, may with a SpecialPermit from the Board of Appeals be permitted to be com- bined into a new lot or lots of not less than lO, OOO square feet area each, and with not less than 100 feet street frontage, provided it be shown to the Board of Appeals that each of said vacant lots before combination was of less area or less frontage than required herein and, by citations from the Essex County Registry of Deeds, that each such lot was lawfully laid out and duly recorded by plan or deed prior to the effective date of this By-Law Building Inspector shall permit the construction of one single family dwelling on each such lO,000 square feet lot. (3) Not_~thst~nd/~ ~ other provision of law, no amendment to this Zoning By----law sha]~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 A1 of the General Laws if the plan of such subdivision has been finally approved by the Plannin~ Board and duly recorded pursuant to said Chapter ~1 prior to such Zoning By-law amendmentt 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 dividedt whichever occurs first, without the consent in writin~ of the owner of such lot. -31- Table 2 He~t ~ Street Frcmt setBaCk minimum Side set~ack- Rear setbeck- Floor Area ~.etio-maz~mt~ ~t m~imom Dws LI~ ~dit ~e~mity - Front setback shell be a minimum of 100 feet along Route 11~ rebm~dless of district, and 100 feet along Route 125 in Induztrial 1 and 2 Dietrictsi the first 50 feet of fronf setback under this requirement shall he planted and landscaped and no parking shall be permitted. Adjacent to residential districts, an additional 15 foot side or rear setback shell he provided. This additidnal setback area shall be maintained open and green, and suitably lendzcaped, unbuilt u~on, unpaved and to, parked u~. In the Business 2 District the side yard requirement may be eliminated whe~ two adjo/ning property o~ners a~ree to share a party wall. Adjacent to residential districts (including those i~ bOrderin~ t~wns)~ an addlti~ 50 foot side or rear setback shall be required. This additional setback area shall be maintained opr~ ~nd green, and suitably landscaped, bvilt upon, unpaved and unparked upon. If an enclosed parking structure is provided~ lot coverage may be increased up to the amount of such parking area but not to exceed a total coverage o~ Minimum lot size for a townho~se complex shall be &3~O square feet although individual townboume lots may be a minimum of 3,000 square feet. Minimum lot size fur au apartment cc~plex shall be 60,000 square feet. Dimensional regulations for townhouze complexes shall meet the requirements of the Residence 5 District; individual t~rwnhouses ~ithin the cumplex~ however, shall be regulated as follows: Minimum Street Frontage: 18 feet Minimum ~eer ~etback: 30 feet Mini,we grant Setback: 30 feet ~eximum Floor Area Ratio: Minimum Side Setback: none required where a p~rty wall is ~aximum Lot Coverage~ 35% constructed between units; otherwise Maximum Number of a 25 foot side setback shall be ~ontiguous ~nits~ 10 provided. The following additional requirements shall apply ~hen apartments or towshouse cc~plmxws are constructed in this district: (a) There ab~ll be a paved driws~ay or paved ~alk adequate to accce~odato e~argeney vehicles ~ithin 50 feet of the outside entren~m of each dwelling unit. (b) Any road providing access to townhoosen or lots intended fur to~nhousse shall conforo to the subdivision control regulations of the Ple~ Board. (c) Any reed or driveway providing principel access to mere than 18 apartment d~ell~ units or more than 2~ parking spaces shall conform to appropriate provisions of the subdivision control rsguletlo~ as if it were a ,~tnor residential street. Before issuing a building permit in such cases the B,,t~ding Inspector shall obtoin a report fro~ the Planning Board on the extant of such comfo~nity. id) ~ax~m~ height (apartoent b~din~), ~0 feet. (e) Maximum stories of Living quarters (apertmeat building): 3. (f) ~a~i~m, unite per structure (apartment building): In Residence ~ Districts ce~ly~ front setback me~ be the average of a2_l front setbacks of d~e~-g units ~ithin 250 feet en either side of lot. Nursing and convalescent ho~es sh~ ~ have at least 600 square feet of lot area per bed. ~ lot size for such homes in RI~ R2, and R3 districts she21 be 2 acres. -32- S.e. ction 7 SUPPLEMENTARY REGULATIONM (1) Whenever a buil~ug 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 buil~i~g or on a lot contiguous thereto (or within 100 feet thereof) in the same ownership as the parcel containing the primary use, a sufficient nmmber 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: Use Mi~dmum Spaces Required One or two-family residence. Onespace per dweilingunit. Three or more family residence (including apartments). 1.50 spaces per dwe?~ing 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 houses, hotels, motels, hospitals, nursing homes, etc. One space per sleeping room for single or double occupancy. (If occupancy ex- ceeds two per room~ one space per two beds shall be provided.) Auditoriums, theaters, athletic fields, funeral 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 1, O00 square feet of net ground floor area (excluding storage area), except five spaces per 1, OO0 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. Offices, 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, fabricating, etc. One space for each two employees in the maximum working shift or one space for each 1,000 sq~,a~e feet of gross floor area, whichever is greater. (2) (3) (5) (?) (8) (io) (ii) 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 re~lired 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. If the Building Inspector is unable to identify a use with one or more of the uses in the above schedule, application shall be made to the Board of Appeals for the purpose of determining a sufficient quantity of parking spaces to accommodate the automobiles of all customers, employees, visitors, occupants, members or clients consistent with the provisions contained in the above schedule. The Board of Appeals may by variance make exceptions to the provisions of this section and, upon a written request of the owner and after a public hearing, authorize the ~uilding Inspector to issue permits for buildings and uses having less off-street parking than specified herein, whenever the Board of Appeals finds that under normal circumstances such lesser off-street parking area would adequately provide for the needs of all persons using such building. Such exception may be limited as to time, use or intensity of use. A parking space shall mean an area of not less than 9x18 feet sccessible over unobstructed driveways. These spaces shall be graded and paved for all except one or two family residential uses. For multi-family dwellings the front yard shall not be used for parking purposes. In all residential districts the front yard shall not be used for parking for aocessoryuses. In residence districts parking or outdoor storage of one recreational vehicle (camper, etc.) and one boat per dwellLug unit may be permitted in an area to the rear of the front line of the building. All other 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 may be commercial vehicles other than 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 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 %o 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 at all times, and shall not be permitted to exceed seven feet in height within re- quired 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 ad_lowed by Special Permit. 7.2 AUTOMOBILE S~VICE STATIONS AND OTH~ 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. In addition, the use or structure shall conform to the following requirements (in addition to district requirements): (1) The minimum frontage on a street sh~ll be 150 feet. (2) The maximum width of driveways and curb cuts measured at the street lot line or lines ahall be 30 feets 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: (a) From corner lot line: (b) From interior lot line: (c) From other driveway on same lot: 2Ofeet 10 feet 20 feet (~) The minimum setback of any building from all street lot lines shall be ~0 feet. (5) The mirntmum setback of gasol~ue pumps from el~ street lot lines shall be 12 feet. (6) A raised concrete or granite curb at least six inches in height shall be constructed along all lot lines except at driveway openings. (7) Propert[as /n rss~dential d~stricte 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 ere cf 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, ~arrier, or fence of uniform appearance at least five feet high, hut not more than se~en 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 required 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 l~e. Section 8 NONCONFORMING USES 8.1 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. 8.2 ALT~TION OR EXTENSION A use, or structure housing a use, which does not conform to the regulations of this By-law, but which did conform to all applicable regulations when initially established sh~11 not be changed, extended, or enlarged except in accordance with the followingprovisions: (1) Such change shall be approved by the Board of Appeals. (2) Such change shall be permitted only upon the same lot occupied by the non- conforming use on the date that it became nonconforming. (3) Any increase in volume, area, or extent of the nonconforming use shallnot 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 AFTER 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 bui]~iug is located, or except as may be permitted other- wise by the Board of Appeals acting under G.L. Ch. ~OA. If any lawfully nonconformingbuildingor 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 The North Andover Zoning By-law shall be enforced by the North Andover Building Inspector. The Building Inspector upon being informed in writing of a possible violation of this By-law or on his own initiative, shall make or cause to be made an investigation of facts and an inspection of the premises where such violation may exist. The Building Inspector, on evidence of any violation after investigation and inspection, shall give written notice of such violation to the owner 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 notice and demsnd may be given by mail addressed to the owner at the address appearing for him on the most recent real estate tax records of North Andover, and to the occupant at the address of the premises of such seeming violation. If, after such notice and demand, such violation has not been abated within the time specified, the Building Inspector or the Selectmen shall institute appro- priate action or proceedings in the name of the Town of North Andover to prevent, correct, restrain or abate any violation of this By-law. ~. 11 Building Permit No building shall be erected, alteredt moved, razed or added to in North Andover without a written permit issued by the Building Inspector. Such permits shall be applied for in writing to the Building Inspector. The Building Inspector shall not issue any such permit unless the plans for the building and the intended use thereof in all respects fulfill the provisions of the North Andover Zoning By-law (and other applicable town by-laws) except as may have been specifically permitted otherwise by action of the North Andover Board of Appealst provided a written copy 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 or ex- ceptions attached thereto, shall be kept on file in the office of the Building Inspector. In addition to the information required above, a plot plan shall indicate provisions for all other 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 to be posted on the property to which it relates in a conspicuous place. ~.12 Penalt,y 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 such violation continues shall constitute a separate offense. BOARD OF APPE~I..q 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 AOA, 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 hy the Selectmen in the manner provided by statute. Basis for Appe~]~ 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 Andover, or by any person aggrieved by any order or decision of the Building Inspector or other administrative official in violation of an~ provision of the By-law. Such appeal shall be taken within thirty days, as provided by Section 16 of Chapter AOA of the General Laws. Powers of the Board of Appe-~s 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. 9.3 SPECIAL P~MIT 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 Perm~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 provided for the proper operation of the proposed use. In approving a Special Permit the Board of Appeals may attach such conditions and safeguards as are deemed necessary to protect the neighborhood, such as but not limited to the following: (a) Requirement of front, side or rear yards greater than the mini- mum required by this By-law. Requirements of screening parkimg areas or other parts of the premises from adjoining premises or from the street, by walls, fences, plantimg, or other devices as specified by the Board of Appeals. (c) Modification of the exterior features or appearances of the structure. (d) Limitation of size, number of occupants, method or time of operation, or extent of facilities. (e) Regulation of number, design, and location of access drives or other traffic features. (f)' Requirement of off-street parking or other special features beyond the minimum required by this or other applicable by-laws. T, EMPORARY_ PERMIT The Board of Appeals may grant a temporary use or occupancy permit for a perio~ of not more than one year at a time~ subject to a single renewal. Such permits shall be subject to conditions imposed by the Board related to safeguarding the character of the district affected and shall be granted in accordance with the procedures provided herein for the granting of Special Permits. 9' ~ .... VARIANCE FROM ZONI ,NG BY-LAW The Board of Appeals may authorize a variance from the terms of this 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 involve substantial hardship, financial or otherwise, to the appellant, and where desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose 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 thereafter. 9.6 AMENDMENTS TO ZONING ,BYrL~w 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 &OA of the General Laws. Application ,,aDd Hearin~ The Planning Board shall hold a public hearing on anyNorth 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 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 ~y-Law Except as otherwise provided in Section 11, Chapter AOA 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. 9.63 Effec.t 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 40A of the General Laws. ~'7 CONFLICT OF,,LA~S 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 ~eater restriction upon the use, height, area and location of buildings and structures and the use of premises than is imposed by other By-laws~ the provisions of this By-law shall control. 9.8 VALIDITY The invalidity of any section or provision of this By-law shall not invalidate any other section or provision thereof. ARNOLD H. SALISBURY, TOWN COUNSEL TOWN OF NORTH ANDOVER, MAS~qAr. HUSETTS June 8~, 1972 John J. Lyonsv Town Clerk Town Office Building North Andover~ Massachusetts 01845 Re: Special Town Meeting cf..June 5v 1972 Dear John: I am sure that we both agree that only two Articles of the Warrant were acted upon by the Tc~n at last Monday's Meeting= Article II-A and Article II-Bo My notes on the same indicate'the fcllowlng= That under Article II-A~ the Town unanimously~a~t~m~{wlth the exception stated belowiA"to amend the wrltten text of its 1956 Zoning By-Law (as emended fr°m time to time] by substituting in place thereof the following new Zoning By-Law: {Here the full text of the By-Law as adopted should be printed ; I enclose herewith photocopies of the face sheet and pages 8, lOt II, 12t 1~5~ 17 and 26 of the By-Law as originally pro- posed by the Planning Board~ these being the only pages upon which changes were made by the vote of the Meeting). Sections 4.12~ (11) and 4ol50 [12) were adopted by a vote of 390 to 12~. Under Article II-Bt the Town voted~ 379 fo 13~ "to adopt a new Zoning Map to become a part of the newly adopted Zoning Bl~-Lawr a copy of which shall be kept permanently on filer for,rpublic inspec- tion~ at the Office of the Planning Board or the Office of the Town C Ierk '". /~ly own notesr which with those of the Moderator and Donahue seem to agreer indicate that the originally proposed Zoning t~ap was amended by the /~eeting in five instancesr as follows: //'/I } On motion of /~{r. Ostherr, an area of land b~hded by Saunders Street was placed In the R--4 District. ~ 2J On motion of /~r. Gilbertr an area of land on Route 114 at Chestnut Sfreet~ was changed from a B-2 to an I-! District. t/~5] On motion of far. Lentzr the boundary line was changed between the Industrial and Residential Districts on Osgood Street across from the Western Electric Plant. //~l On motion of Mr. Dube, the l'riangle bounded by ~R~..'oo,- / Johnson Street and Route 114 was changed from a B-4 District fo an R-2 District. ~/ 5] On motion of /~r. Hurrellr a plot of land on Chickerlng Road was changed from a R--4 District to a B--4 District. Of courser you need not report these detailed changes to the Af,orney General; your cer, lfication ,o him ,ha, the plan was finally adap,ed in a form a copy of which you will provide ,o him should be surf icien,. -5- If any of your recor~ indicate the incorrectn~s of nat I have said above, I would appreciate you letting me know. I ~ sending a copy of this c~unication to the Planning Board for its intonation. Very truly yours, Ton Counse I / N AHS/ih