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HomeMy WebLinkAbout1985-04-27July 25, 1985 Boston, Massachusetts The foregoing amendments to the zoning by-laws adopted under articles 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25 and 26 of the warrant for the North Andover Annual Town Meeting held April 27, 1985, are hereby approved. TOWN O~' NORTFI ANDOV~R MA~$E;ACHU $ ]~TTS May 14, 1985 Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Anclover, Ma 01845 Re: Amendments to the North Andover Zoning Bylaw - 1985 Dear Mr. Long: The purpose of this letter is to formally notify you that legal notices were mailed as required by M.G.L. Chapter 40A, Section 5, regarding the following articles passed at tlne April 27, 1985 Annual Town Meeting: 12,13,14,15,16,17,18 20,21,22,23,24,25 and 26 MPR/kn Sincerely, Michael P. Roberts, Chairman TOWN OF NORTH ANDOYER MASSAC~HUSETTS May 1~!, 1985 Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, Ma 01845 Dear Mr. Long: The following is a list of the members of the North Andover Planning Board: Michael P. Roberts, Chairman Paul A. Hedstrom, Esq., Vice Chairman John A. James, Jr., Esq,, Clerk John J. Burke Erich W. Nitzsche MPR/kn Sincerely, Michael P. Roberts, Chairman TOWN OF NORTH ANDOVI~R MASSACHUSETTS May 14, 1985 Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, MA 01845 Dear Mr. Long: EncloSed please find the required material from the Planning Board regarding zoning bylaw changes made at the Annual Town Meeting (1985) to be submitted to the Attorney General for approval. If you need any further information, please do not hesitate to contact our office. Thank you. Sincerely, ~/~'~/-) ~ , Michael P. Roberts Chairman MPR/kn Article 12. WATERSHED DISTRICT TEMPORARY GROWT~ LIMITATION. To see if the Town will vote to amend Section 4.133, Watershed District, of the Zoning Bylaw, by adding a paragraph (4), as follows: "(4) Lake Cochichewick Preservation Amendment , a) Notwithstanding anything contained in this bylaw to the contrary, no permits shall be issued for the construction of any new building, structure, road, or driveway or for earth removal, except for the proposed municipal water filtration plant, within the Watershed District for a period of three (3) years from the effective date of this amendment. b) This amendment shall not apply to any renovation, alteration, or addition to an existing building, structure,3 road,~ driveway,'~ or- any ~ structure in agricultural or horticultural use. c) A use variance may be granted by the Board of Appeals for the issuance of a building permit within this 'three-year period but not for a use not 'otherwise allowed by the~.distrlct regulations. (Petition of the Selectmen) EXPLANATION: This amendment provides for a three-year prohibition on the issuance of building permits and special permits in the Watershed District, to provide controlled development in the Watershed District while the appropriate Town boards, commissions, and officers conduct and implement a comprehensive planning study, pursuant to the terms of the previous warrant article, relative to the preservation of Lake Cochichewick, our source of water supply; recognizing that a proposed water filtration plant for the Town's public drinking water supply is not expected to be completed until 1988. Exempted by General Laws from the provisions of this amendment are all lots shown in a definitive subdivision plan, or a ~preliminary plan followed by a definitive plan within seven (7) months, submitted to the Planning Board and writt~h~ notice of which is given {o the Town Clerk prior to the date on which this amendment is voted upon at Town Meeting. Also exempt by the General Laws from the provisions of this amendment are lots shown on definitive subdivision plans endorsed by the Planning Board within eight (8) years prior to the date of the vote of Town Meeting on this amendment; and lots shown on Form A plans, so-called, so endorsed within three (3) years prior to the date of said vote." VOTED to approve the article as written (by a unanimous vote). Article 19. SPECIAL PERMIT REQUIREMENTS. To see if the Town will vote to amend Section 10.31, 2 Conditions for Approval of Special Permit by adding the following new paragraph: Utilities and drainage in the vicinity shall be adequately provided; g. Lighting shall not shine directly on adjoining properties.' (Petition of the Planning Board) EXPLANATION: In orde~ to address specific aspects of a development under site plan review, these 2 elements will become part of the review process. NO ACTION.- Article 20. LIMITED ACCESS. To see if the Town will vote to amend Section 4.11(5) General Provisions by inserting the following: 'or public' the paragraph will then read as follows: No private or public 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 street. (Petition of the Planning Board) EXPLANATION: The purpose of this' article is to minimize the amount of non-residential traffic through residential streets. VOTED to approve the article as written (by a two-thirds vote: yes 302, no 138). Article 21. DAY CARE CENTER. To see if the iSection 2 Definitions by inserting the following: '2.29.1 Day Care Center Town will vote to amend Any facility operated on a regular basis whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center, or pre-school, or known under any other name, which received children not of common parentage under seven (7) years of age, or under sixteen (16) years of age if such children have special needs, or non-residential custody and care during part or all of the day separate from their parents or the elderly 60 years of age or older. Day Care Center shall not include any part of a public school system; any part of a private organized educational system, unless the services of such system are primarily limited to kindergarten, nursery or related pre-school services; a Sunday school conducted by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; a family day care home; an informal cooperative arrangement among neighbors or relatives; or the occassional care of children with or without compensation therefor.' (Petition of the Planning Board) EXPLANATION: The purpose of this article is to define what a Day Care Center is. At present North Andover does not have a specific definition. VOTED to approve the article as written (by a unanimous vote). Article 22. DAY CARE CENTER. To see if the Town will vote to amend Table I (p. 39a.) by inserting the following: 'Day Care Center R1,2,3,4,5 SP Bus.l,2,3,4, SP Gen.Bus. SP Ind.l,2,3,S SP' (Petition of the Planning Board) EXPLANATION: This article explains that a Day Care Center is permitted in all zoning districts by Special Permit Process (public hearing and due notice to abutters). .~ VOTED to approve the article as writte~ (by a unanimous vote). Article 23. DAY CARE CENTER. To see if the Town will vote to amend the following sections of the Zoning Bylaw by adding 'Day Care Center by Special Permit 4.121 (19) 4.127 (15) 4.122 (20) 4.128 (9) 4.123 (22) 4.129 (17) 4.124 (13) 4.130 (23} I4.125 (22) 4.131 (7) 4.126 (22) 4.132 (14)' (Petition of the Planning Board) EXPLANATION: This article references each Day Care Center in each zoning district- VOTED to approve the article as written (by a unanimous vote). Article 24. LOT WIDTH REQUIR/94RNT. To see if the Town will vote to amend Slection 7 Dimensional Requirements by adding the following: '7.4.1 Lot Width The width on any lot created shall have a minimum lot width of fifty (50) feet between the legal frontage and building set back to the front building line.' (Petition of the Planning Board) EXPLANATION: The intent of this article is to require newly created lots to have a minimum lot width of 50 feet as specified in the article. This should enable usable access into the lot without going onto abutting properties. VOTED to approve the article as written (by a unanimous vote). Article 17. SITE PLAN REVIEW By SPECIAL PERMIT. To see if the Town will vote to amend Section 8, Paragraph 12 Site Plan Review of the Zoning Bylaw by establishing a separate Section 8.3 for Site Plan Review to be administered through the Special Permit process under the Planning Board. The following text shall be added: 8.3 Site Plan Review '1. Purpose The site plan review provisions are for the purpose of administering the provisions of this bylaw, to ensure the most advantageous use of all properties, and for the reasonable protection of the legitimate interests of adjoining property Qwners and occupants. In a Business or Industrial District, no building permit shall be issued for the construction of any new building or structure, or for renovation-or expansion purposes requiring more than ten (10) parking 'spaces, until the Planning Board has issued a Special Permit in accordance with Section 10.3 as specified herein. Said plan shall be prepared by a registered architect, registered engineer or landscape architect, and bearing an endorsement of approval by the Planning Board. Plan to be recorded with decision at the Registry of Deeds. 2. Procedure The applicant shall submit nine (9) copies of the site plan to the Planning Board for distribution to each appropriate Town board and. department for their review and recommendations. The Planning Board shall not make a finding and determination upon an application until a public hearing has been held .and has received board and department recommendations. 3. Plan Requirements a) compliance with the requirements for parking and loading spaces for lot size, frontage, yards and heights and coverage of buildings, and all other provisions of this Bylaw; b) convenience and safety of vehicular and pedestrian movement on the site, and for the location of driveway openings in relation to street traffic; c) adequacy as to the arrangement and where not herein specified, the number of parking and loading spaces in relation to the proposed uses of the premises; d) arrangement, design and appearance of proposed building, structures, free-standing or ground signs, screening and principle landscaping; such as lighting and planting areas showing size and kind of plants to be used; e) adequacy of the methods of the site for waste disposal, surface and sub-surface drainage; f) location of wetland areas and existing and proposed topography.' i(Petition of the Planning Board) -- Article 16. FRONTAGE EXCEPTION/LARGE, AREA LOTS. To see if the Town will vote to amend Section 7.2.1) Street Front~g~ in the Zoning Bylaw by adding ? subsection e.: 'no such lot as described above on whi'ch~a dwelling is located, shall b~ hereafter reduced in area below'the minimum area required in Section 7.2.1).' l(Petition of the Planning Board) ' ' EXPLANATION: This section was inadvertently deleted at the 1984 Annual Town Meeting. This article addresses the current zoning permitting a lot to have a minimum of 50 feet of frontage and a minimum of 3 times the area required. Once a dwelling is placed on such a lot it must maintain the minimum area requirement. VOTED to approve the article as written (by a unanimous vote). EXPLANATION: The intent of this article is to continue the current process of Site Plan Review. However, in order to effectively plan and review commercial and industrial development in Town, the Planning Board recommends that this be achieved by 'Special Permit' (public hearing process and abutters notification). VOTED to adopt this article (by a two-thirds vote: yes 441, no 99) with the following amendment: 1. Delete Section 8, par. 12, Site Plan Review of the Zoning Bylaw and establish a separate Section 8.3 for Site Plan Review to be administered through the Special Permit process under the Planning Board. (The above amendment clarifies that the existing site plan section shall be deleted and the new section placed in a more appropriate location in the Zoning Bylaw.) 2. Amend the second paragraph by adding to the last sentence, "excluding Section 10.31(1) (a) and (b) of the Zoning Bylaw". (This amendment is designed to clarify that the Planning Board under the special permit provision can only use the site plan review as a review mechanism and NOT as a discretlonary prohibition of use as it relates to permitted uses in business or industrial zoning districts. Use cannot be prohibited under site plan review according to State Statute and decisions from the Superior Court.) The Board finds that as a result of the considerable amount of industrial and business expansion taking place in Town, it is important that we review each site for compliance with its district regulations. Only ~hrough a mechanism such as this will we be in a position to effectively manage ~nd project industrial and business development. Article 18. SITE PLA~ REVIEW. To see if the Town will vote to amend Section 2.65 Special Permit Granting Authorlt~ by adding the following in the paragraph after the word "driveways": 'site plan review' (Petition of the Planning Board) EXPLANATION: This article is associated with Article 17, placing the Special Permit Granting Authority in the jurisdiction of the Planning Board. VOTED to approve the article as written (by a unanimous vote). Article 13. PROHIBITING UNDERGROUND FUR. T. STORAGE IN WATERSHED DIST~tICT. To see if the Town will vote to amend Section. 4.133 Watershed District of the Zoning Bylaw by: ' inserting the following in subsection (2) Prohibited Uses 'underground steel storage tanks for petroleum products' (Petition of the Planning Board) EXPLANATION: As recommended by the Fire Department, this will prohibit the installation of steel storage tanks in the. Watershed District and require i fiberglass or corrosive resistant tanks. VOTED to approve the article as written (by a unanimous vote). Article 14. PROHIBITING CONSTRUCTION WITHIN CERTAIN DISTANCES IN WATERS~ED DISTRICT. TO see if the Town. will vote to amend Section 4.133 Watershed District by deleting the following from subsection (d) of paragraph (3): 'except by Special Permit' and add the following in its place: The intent herein is dimensional and the North Andover Board of Appeals shall grant variances upon a showing of substantial hardship owing to the soil, shape or topography of the land, including the right to cross such tributaries. (Petition of the Planning Board) EXPLANATION: The purpose of this article is to eliminate construction iwithin 250 feet of Lake Cochichewick and 100 feet of a tributary in the Watershed Distr~ct by Special Permit. The North Andover Board of appeals shall have the jurisdiction~ and is to be treated as a variance~application.~not ~a Special Permit. VOTED to approve the article as written (by a two-thirds vote: yes 908, no 12). Article 15. ZONING BOARD OF APPEALS AS WATERSNE. D DISTRICT SPECIAL PERMIT GRANTING AUTHORITY. To see if the Town will vote to amend Section 2.65 Special Permit Granting Authority of the Zoning Bylaw bY deleting the following words: 'the Watershed District' (Petition of the Planning Board) EXPLANATION: As a result of eliminating construction by Special Permit as specified in Article 14, the Board of Appeals will become the governing body. VOTED to approve the article as written (by a two-thirds vote: yes 750, no 10). Article 53. ADOPTION OF A FIRE LANE BYLAW. To see if the Town will vote to add to the Town Bylaw a new section under Public Safety: Fire Lanes Upon determination by the Fire Chief that fire lanes are necessary for the protection of the lives or property of the public in an area to which the public has access, the owner, or the person having control of such premises, shall provide, install, and maintain "No Parking-Fire Lanes" signs and striping in the location designated by the Fire Chief. It shall be unlawful to obstruct or block a private way to an area to which the public has access so as to prevent fire apparatus or other emergency equipment from gaining access to any building thereon. 2. It shall be unlawful to obstruct or park any vehicle in any fire lane, such fire lane to be designated by the Chief of the North Andover Fire Department. These fire lanes to be posted and marked as such. Said fire lanes shall include a distance of twelve (12) feet from the curb at a sidewalk or in the absence of sidewalks and curbings, the distance shall be eighteen (18) feet from the building. The properties involved shall be shopping centers, apartment complexes, hospitals, nursing homes, theaters and schools or other areas to which the public has access. 3. These traffic regulations are enforced by the Police Department of the Town of North Andover carrying a fine of ten dollars per ticket. 4. If vehicles are impeding access of emergency vehicles, the Police Department shall have the authority to tow such vehicles to a storage facility designated by the North Andover Police Department. Such towing charge to become the responsibility of the owner of towed vehicle. (Petition of the Fire Chief and Police Chief) VOTED to approve the article as written. Article 54. ~.LENDING 'l~qE BUILDING PERMIT FEE SCHEDULE. To see if the Town will vote to amend its General Bylaws, Section 3.12 to read as follows: "BUILDING PERMIT FEES: The estimated construction costs of new construction sha~l be based upon a cost factor of twenty-five dollars ($25) per square foot. Est'imated construction cost of additions, alterations and remodeling shall be the actual contract price. The permit fees shall be five dollars ($5) per thousand based on the estimated costs of constr6ction. There shall be a minimum fee of ten dollars ($10) per permit. Building permit fees shall not be required for municipally-owned buildings or structures." (Petition of the Building Inspector) VOTED to approve the article as written. A~ticle 55. GAS INSPECTOR BYLAW. To see if the Town will vote to strike Sectiion 3.9 of the Town Bylaws, entitled "Gas Inspector," and substitute therefore the following: "The Selectmen shall fix and shall from time to time byl their order amend a schedule of fees to be charged for gas inspections." Th~s iamendment would bring this Bylaw into compliance with state statute, which provides that appointment of a gas inspector be.made by the Building Inspector. (Petiition of the Selectmen) VOTED to approve the article as written. Article 58. COUNCIL ON AGING BYLAW AMENDMENT. To see if the Town will vote to amend its General Bylaws in the following manner: Amend Section 3.4(A) and 3.4(B) by deleting the existing language so that Section 3.4(A) and 3.4(B) shall now read: Section 3.4 Council on Aging (A) Organization There is hereby established a local Council on Aging, consisting 6f not less than seven nor more than eleven voting members. Council members shall be appointed by the' Selectm~n from interested and representative groups in the community upon consideration of recommendations by the existing Couhcil. (B) Duties The Council shall be responsible to the Selectmen, and its members shall serve without compensation, and within the limits of available funds it may appoint such employees as it may require. It shall be the duty of the Council to oversee the operation of the S~nior Center and to carry out programs and services designed to meet the needs of the elderly in coordination with appropriate local, state and federal agencies. (Petition of John J. Lyons and others) VOTED to approve the article as written. Article 25. DRIVEWAYS. To see if the Town will vote to amend the Zoning Bylaw by moving Section 2.75 Driveways to a new Section '2.30.1' (Petition of the Planning Board) EXPLANATION: The purpose of this article is to place the definition of 'driveway' in alphabetical order. VOTED to approve the article as written (by a unanimous vote). Article 26,~ PERMITTED USES BY SPECIAL PERMIT. To see if the Town will vote to amend SeCtion 4.11 (p. 15) General PrOvisions by ~dding the following: 'except uses which are similar in character to the permitted uses shall.be treated as requiring a Special Permit.' (Petition of the Planning Board) EXPLANATION: The purpose of this article is- to allow similar uses by 'Special Permit' to the Board of Appeals. . i y a unanimous vote). VOTED to approve the article as written (b ' -