HomeMy WebLinkAbout1972-06-09 ,~ NORTH ANDOVER ZO.~NG BY-LAW ,
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Section
Section
Section
Section
Section
Section
Section
Section
1 PURPOSES
2 DEFINITIONS 2
3.1
3-2
3.3
4
4.1
4.2
4.3
Table 1:
6.1
6.2
6.3
6./~
6.5
6.6
6.?
6.8
Table 2:
7
7.1
7.2
8
8.1
8.2
8.3
8.~
ZONING DISTRICTS AND BOUNDARIES 8
Establishment of Districts
Zoning Map
District Boundaries ~ ~
BUILDINGS AND USES PERMITTED 9
District Use Regulations
Accessory Uses
Access to Buildings
Summary of Use Regulations
EARTH MATERIALS REMOVAL
following
page 25
27
DIMENSIONAL REQUIREMENTS
Lot Areas
Street Frontage
Yards (setbacks
Building Heights
Lot Coverage
Floor AreaRatio
Dwelling Unit Density
Exceptions
Summary of Dimensional
Requirements
SUPPLEMENTARY REGULATIONS
Off-Street Parking
Automobile Service Stations and
Other Automotive Services
29
following
page 31
3~
NON-CONFORMING USES
Continuance
Alteration or Extension
Rebuilding After Catastrophe
Abandonment
37
Section 3
ZONI~ DISTRICTS AND BOU ,NDA~IES
~.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 & District
General Business District
Industrial 1 District
Industrial 2 District
Industrial "S"District
The zoning districts established/~m~are bounded as shown on a map
entitled "Zoning Map of the Town of North Andover" ~ated ~ay 1~ 1972, as the sa~e .... y
~. ;~ ' _ ~ . . : .__ :_ _, : ~ -,,_', _- ; :- __-.'~
l' -- I--/ ---- ~ ~-- ': 111 be adopted by the Town, ana as it may
he.afar be amended. Said map accompanies and is he.by made a part of this ~y-Law. ~y land
not designated upon said map as being within another zoning district sha~l! be within the
~.3 DISTRICT BOUNDARIES "Residence c~_st~ct.~
Where uncertainty exists as to the boundaries of any of the aforesaid
districts as shown on the Zoning Map, the Building Inspector shall determine
the location of such boundaries. ' -
~~ ~ ~ .-__¢~.- -- ~:-- ,_ ~n reaching any such determinati¢.~
the Building Inspector may properly rely upon the accuracy of the land-area
descriptions appearing in the Zoning By-Law adopted by the To~m in 1956, and as
thereafter amended, insofar as any of them may be pertinent thereto.
(5)
(6)
(7)
Home occupations provided there be no display and no exterior
advertising except an announcement signnot 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 (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.
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 (lO) 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.
(lO)
(ii)
(13)
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
builH~ug line of the house and no closer to a side or rear lot
]~ne than ten (10) feet.
(8) Museums.
Public building and public service corporations (Special Permit
requtwed), but not including public works garages.
Golf course.
Swimming and/or tennis clubs shall be permitted with a Special
Permit.
Cemetery.
-~ Nursing and Convalescent home - see atmenslonal reqttirements
of Table 2 -(Spectal 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.
. _ .R~sidence ~ District
(2) Place of worship.
(3) Renting rooms for dwelling purposes or furnishing table board
to not more than four persons not members of the family resident
ina dwelling so used, provided there be no display or adver-
tising on such dwelling or its lot other than a nsme plate or
sign not to exceed s~x (6) inches by twenty-four (~4) 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 au arauouncement sign not to exceed six (6)
inches by twenty-four (2~) inches and provided that in auy
dwelling, such home occupations shall be carried on bynot more
than five persons of whom at least one shall reside in such
dwelling.
(5) Real estate signs not to exceed twenty-four (2~) inches by
thirty-six (36) inches in size which shall advertise only the
rental, lease or sale of the premises upon which they are placed.
a) Farming of field crops and row crops, truck gardens, orchards,
pl~-t 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 ki~i 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 a~ 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 on
the subject land.
(?)
(9)
(lO)
(ll)
(lZ)
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.
Educational facilities. ' ..
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
P e rmit.
Cemetery.
Duplex or two-family dwellings including the right to convert
any building to accommodate more than two dwellingunits by
Special Permit from the Board of Appeals subject to the follow-
lng regulations:
A. Definitions: The conversion regulations shall apply to anybu%!ding or
buildings under the ownership of one single person~ partnership or corporation
converted for use as a residence building for three or more families, living
independently of each other in apartments meeting requirements of the State
Statutes and Health and Building codes. As used in this ordinance the word
"roo~' shall not include:bathrooms.
B. Application:
to be prescribed by the Board of Appeals.
the Zoning Board of Appeals.
The application shall contain:
Applications for permits to convert shall be made on a form
Said application shall be made to
1. The owner's name.
The owner's address.
3. The names of the adjoining boundary owners of the subject premises.
A legal description ofthe premises.
5. The number of units, the type and room composition of those applied for.
Number of rooms proposed for each unit.
(7)
Swimming pools in excess of two feet depth shall be considered a
structure and permitted provided such pools are enclosed by a
suitable w~11 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 buila~g line
of the house and no closer to a side or rear lot line than ten feet.
(8) Museums.
~d. tLc~tio~al facilities,.
(10) Public building or use and public service corporations (Special
Permit required), but not including public WOrks garages.
(n)
(h)
(16)
(17)
(is)
(20)
Golf course.
Swimming and/or tennis clubs shall be permitted with a SpecialPermit. ~
Cemetery.
Town houses.
Guest or rooming houses.
Nursing and convalescent homes (Special Permit required).
dimensional requirements of Table 2,
See
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 dwelllng
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) Ret-~l establishments.
(2)
(3)
Personal service establishments. . : -
Professional offices, banks~ real estate offices and insurance
offices.
Eating or drinking uses may be permitted only as a secondary use
within a permitted primary use.
(~) ?Lece of ~rsl~p.
(6) Nonprofit school.
(7) Public buil~ug or use and public service corporation.
(8) Art gallery. · ·
(9) Residential use.#he~e-eaeh-~ee-&e-~e%-me~e-%haa-5~-pe~eeR~-e~-t~e
total- ~loo~-~uace- in-~he- ~act~a.
(10)' a) Far~_.~ug 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 add~tionaI 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 resuIt of the above uses on
the subject land.
Swimming and/or tennis clubs shall be permitted with a Special
Permit.
(i2)
Parking, indoor storage and other accessory uses customarily
associated with the above uses, provided that sUch accessory use
shall not be inJurioust noxious or offensive to the neighborhood.
4.12~
Business 2 Dist.ric.t,
(2)
(3)
Retail establishments.
Personal service establishments.
Professional' offices, banks, real estate offices and insurance
offices.
Business and Other offices.
Publicbuilding or use and public serviCe corporation.
(6) m-t ~-~ery.
r
Table 1
Permitted Use ~es. ~'s~
~gric~ltu~al Use1 s
Auto service stationA' NO i No
Auto & ~ehicle r~
~ g~age Ne Nc
~liz~s & otfle~ Ne Ne
wash No No
C~e~ry Yes Yes
~ral ~lor No No
Golf course ~es Yes
Guest house No Yes
,Helistop No NC
Msnufacturin~1 No
Medical cente~1 No
No
~tel or hotel Ne Ne
Nm c~ sales1 No Ne
Ncnp~fit sch~l Yes Yes
~l~u~lgh&om~in~al- SP /~
No ) Yes' i Yes
No
Ne Nc No
No No1 Yes
No No No
Yes ~ No No
NoI No1 Tes
Ne No ~es
Yes NO Ne
Yes No
~ NC
~ ~ ~ ~ Yes
~ ~ Ne ) Ne
~ No Yes
SP } Ne ~ NO
Yes No1
Yes Yes Yes
~ Ne
Yes Nc [ Yes
No No ~es : No Yes Ne
Yes NO1 f Nel I NO1
~es ! ~P
~es : l~o Yes Ne ~ No No
I It, , t No i ai' SP Ne
~ ~es Ne I Yes Ne Ne NO
No t Ne Yes ' ~ No i Yes ~ Yes
[ No No NO Yes : Yes Yes
Yes Yes Yes ~es Yes Ne
No I Yes~ ~p Ne No No
No / Ne Nc NC No Ne
Yes No Yes ~o No NC
Yes I Yes Yes Yes Yes Yes
No Yes Ne No Nc Ne
Place of worship Yes Yes Yes Yes
~v)~Sf/i~ooi Yes :Yes ~ Yesm
.~..~ .... ~ Ne
~fessio~ ~ffices ~1 ~ N~i ~ Yes1 Yes
~hu~~ buildin~ SP SP SP Yes
Re~eation areas ' SP SP · SP SP
No No NO
Yes Yes No1
Yes Yes Yes
Yes , Yes , Yes
Yes Yes Yes
Yes ~ Yes Ye~ ,
Yes Yes ~es
SP SP, SP
Yes Nel ; No1 No1
Yes , Yes ~ ~e$ ~e~
Yes ~ Yes Yes Yes
Yes ~ Yes Yes Yes
Yes ~ Yes i ~es ; Yes [
Yes ,, Yes Yes ! Yes
SP SP SP No
Retail establishment No NC NCl m ~O1 I Yes1 i No1 , No1
~e~%~ hospit~ ; ~ ~ No ~ No No NO ~0. ~ ~ Yes ~ ~
wr~es~ n~ ~ ~ No NO MO NO NO ~es Yes ~ Yes
1
See detailed district use re~,l~tions.
~P = ~th Special Permit only,
T~is c~wt ie £or s~mma~ ~r~ormat~on~l p~poses o~ly and is not a subs%~te for the
dets~led district use regulations contained in ~ec~ion ~ of this BT-ls~.
-26-
Section 3 ..ZONI~D DISTRIGTS AND ~0~A~r~
3.1 ESTABLISHMENT OF DISTRICTS
The town of North Andover is hereby divided taro ~%gdistricts designated
as follows:
Residence 1 District
Residence 2~istrict
Residence 3 District
Residence & District
Residence 5 District
Business i District
Business 2 District
Business 3 District
Business 4 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 ~n a map
en~titled "Zo .nSng Map of the Town of North Andever", dated May 12, 1972, aa~
the same may be adopted by the Townw and as it may-hereafter be ameaded. - Said
map accompanies and is hereby made a part of this By-Law. A~y land area n~t
designated upon said map as being within amether ~ district shall be with-
in the "Residence 2 District."
3.3 DIST~ICT BOUNDARIES
Where uncertainty exists as to the boundaries of au~ of the aforesaid districts
as ~aOwn on the Zoning Map, the Building Imspeeter ~hali determine the location
of such boundaries. In reaching any such determination, the Building InsPector
may properly rely upon the accuracy of the land-area descriptions appearing in
the Zoning By-Law adopted by the To~n in 1956, and as thereafter amended, insofar
as any of them may be pertinent thereto.
/i
TOWN OF NORTH ANDOVER
JOHN J. LYONS, Town Clerk
· ~LEO~IO~ DEPAITI~E~?
JUSTI(~E OF TH~ PEACE
TOW~r ~IJ'ILDII~'G
NORTH ANDOV~, MASS. 01845
June 19, 1972
Honorable Robert H. Quinn,
Attorney General of The Commonwealth.
State House
Boston, Mass. 02133
Dear Sir:
At our Special Town Meeting held in the Veteran's Auditorium
of our North Andover ~igh School on Monday Evening June 5, 1972
at 7:30 P.M., the following General By-Law Article appeared in
the Warrant and was voted upon, is herewith submitted for your
approval.
ARTICLE 10. To see if the Town will vote to amend Article IX of
its General By-Laws having to do with regulation of advertising
signs and billboards, by substituting in place thereof a new
Article IX, regulating signs and outdoor lighting, the full text
of which is on file at the office of the Town Clerk and the
office of the Planning Board.
Petition of the Planning Board.
Under the aforesaid Article it was VOTED to amend Article IX
of its General By-Laws having to do with regulation of adver-
tising signs and billboards, by substituting in place thereof
anew Article IX, regulating signs and outdoor lighting, the
full text of which is attached herewith.
The vote for same was A~FKRMATIVE 390. Negative 129.
A two-third majorityi~~~~
A true copy: ATTEST(/jO~/j. ~S.
All requirements of ~eneral By-LaWS were complied with.
Six hundred and eighty-five (685) were duly registered and
checked at Meeting.
ATTEST:~~~
Boston, Mass. August 2, 1972
The foregoing amendment to general by-laws adopted under
Article 10 is approved.
/~Gene a
THE COMMONWEAlTh OF MASSACHUSETTS
DEPARTMENT OF The ATTORNEY GENERAL
STATE HOUSE · BOSTON 02133
August 2, 1972
ROBERT H. OUINN
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
cL/jan
ENC.
ARNOLD H. C;ALIC;BURY, TOWN I~-OUNBEL
TOWN OF NORTH ANDnVER, MAC;;BACHIISETTC;
June 2, 1972
Samuel A. Richards, Jr., Esquire
H.P. Hood & Sons
500 Rutherford Avenue
Boston, ~assachusetts 0212g
Re: The North Andover June 5, 1972, Special Town Meeting,
Articles IIAt lib and 12, of the Warrant therefor.
Dear ~r. Richards:
I understand that you will represent the interests of the
sponsors of Article 12 of the Warrant for the subject Tow~ Meeting.
I a~ sure that you are {arnillar with the provisions of that Article,
but I am none fha less enclosing herewith a photocopy of if; more
importantly, and perhaps you do not have copies of them, I am en-
closing photocopies of Articles I IA and lib - which, as you can see,
may or may not be married to yours, depending upon the weddlng cere-
monies whlch may take place at the ~eeting of next IWonda¥ evening.
As you can see, Article IIA proposes the adoption of a
written text of a wholly new Zoning By-Law, designating a number of
new zoning districts along with concomitant lot area requiresnents,
permitted uses and related data. The adoption of this Article by the
Ueeting would not place any particular land-area in Town within any
cf such districts: this problem will be met (if and when Article IIA
is adopted) by the Town's action upon Article liB, which proposes the
adoption of a wholly new Zoning Map, which will, hopefully, accurately
describe the boundaries of such proposed new districts.
Your Article 12 proposes that the Town change from "Industrial
District" fo "General Business District" an area described by metes-
and-bounds. If Article IIA should be adopted, your action should come
during the consideration o{ Article liB, when I am reasonably confident
that the ~oderator will entertain a motion "To amend the proposed new
zonfng map by having it show the following described area as being a
part of the General Business District: (description as In your Article]."
-2-
After the Town's action upon such a motiont your Article 12
Ihavln~, in ~ffect, already been acted upon} should be stricken
frcrn the V~arrent.
If Article IIA should be rejected~ so that we still have
our 1955 Zoning By-Law in effect, Article I B wlll~ presumably~
ge stricken from the Warrent, end under your Article 12 the appro-
priate motion would be: "To amend the Townts Zoning By-Law by
striking therefrom Section 3.85~ end by adding to Section ~.77
thereof the foliowlng new subparagraph= [24! [description as
peering in Article 12).
I shall be at the North Andover High School a goo~ half-
hour prior to the scheduled opening of the June 5 meeting~ end
would be happy to confer with you further upon these matters If you
feel the need o~ any such conference.
AHS/ih
F_nc Iosures
Very truly yours~ __
~ Town Counsel ~ -
Section 1
Section 2
Section 3
3.1
3.2
3.3
S~ction ~
4.1
4.2
&.3
Table
Section 5
Section 6
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
Table
Section 7
7.1
7.2
Section 8
8.1
8.2
8.3
8.~
NORTH A~ ZONING BY-LAW
CqNTENTS
PUP, POSES
D~FII~I?IONS
ZOFI~ DISTR~CTS AND BOD~DARIES
Establishment of Districts
Zoning Map
District Boundaries
B~It~S AND USES PERMITTED
District Use Regulations
Accessory Uses
Access to Buildings
Summary of Use Regulations
DIME~IOMAL P~Q~s
Lot Areas
Street Frontage
Yards (setbacks
B~ik~b~
Lot Coverage
Fl~.~r Area Ratio
Dwe~ 1 tng [~xit Density
Sxcepticas
Summary of Dimensional
Req~ts
SUPP~ARY P~ULATIONS
Off-Street Parking
Autemcbile Service Stations and
(~her Automotive Services
NON-OO~NG USES
Continuance
Alteration or Extension
Rebuildix~ After Catastrophe
Abandm~ent
Pa~e
1
2
8
following
page 25
27
29
following
page 31
33
37
ARNOLD H. SALISBURY. TO~WN COUNSEL
TOWN Of NORTH ANDOVER, MASSACHUSETTS
Nay 50, 1972
Charles W. Trom. bly, Jr., Esquire, Chairman
Horfh Andover Planning Board
Tovm Office Building
North Andover, ~assachusetts 01845
Charles H. Foster, Building Inspector
Town Office Building
l!orth Andover, /Aassachusetts 01845
Gentlemen:
~ore than two things worry me, a little, about our upcoming
Special Town Meeting° But let's talk about the first two, first:
I) I have some slight fear that the proposed substitution
of a ne~v Zonin§ By-law {and, especially, the proposed new Map] may leave
some Town areas un-zoned - which would be illegal as well as unfortunate.
f therefore sug§est fhaf one of you make the following motion on the
floor of that Meeting:
MOTION: That Section 3.2 of the proposed new Zoning By-Law
~e amended fo read as follows: The zoning districts established here-
in are bounded es shown on a map entitled "Zoning Hap of the Town of
North Andover", as the same may oe adopted by the Tov~, and as if may
hereafter be amended. Any land area not designated upon said map as
bein9 within another zoning district shall be within the "Residence I
District".
This motion, if adopted, should cut off most of fha Route 114
residentst debates upon the Article proposing the adoption of the text
of the proposed 1972 Zonin9 By-Law. They will have their opportunities
~hen the Article proposing the adoption of the new Zoning Map comes be-
fore the Meeting.
2) I also regret, somewhat, the loss of the "metes and bounds"
descriptions of zoned areas now a part of our Zoning By-Law~ the adoption
of the new map might well result in less exactly defined boundary lines,
although I hope and expect that the new map will refer~ insofar as they
may be applicable, to the detailed descriptions contained in the "1956"
By-Law- fo fha accuracy of which, ~y the way, I do not hold myself ac-
countable. I fherefore suggest that the following motion be made at the
appropriate moment:
MOTION: That Section 3.3 of the proposed new Zonlng
Law be changed by amending its second sentence to read as follows:
In reacl~ing any such determination, the Building Inspector may pro-
perly rely upon the accuracy o~ the lend--area descriptions appearing
in the Zoning By-Law adopted by the Town In 1956, and a~ thereafter
~m. ended, insofar as any of them may be pertinent thereto.
Very truly yours,
Arnold H. Salisbury
Tow~ Counsel
AHS/ih
ARNOLD H. SALISBURY, TOWN COUNSEL
TOWN OF NORTH ANDOVER, MASSAP. HUSf_IIS
June 2, 1972
Victor L. Harem, Esquire
451Andover Street
North Andover, Massachusetts
01845
Re: The North Andover June 5, 1972, Special Town Meeting,
Articles IIA~ liB and 13 of the Warrant therefor.
Dear Vic:
I understand that you will represent the interests of the
sponsors of Article 13 of the Warrant for the subject Town Meeting.
I am sure that you are familiar with the provisions of that Article,
but I am none the less enclosing herewith a photocopy of it; more
importantly, and perhaps you do not have copies of them, I am en-
closing photocopies of Artlcles IIA and lib - which, as you can see,
may or may not be married to yours, depending upon the wedding cere-
monies which may take place at the Meeting of next Monday evening.
As you can see, Article IIA proposes the adoption of ·
written text of a wholly new~onlng By-Law, designating a number of
new zoning districts along with concomitant lot area requirements,
permitted uses and related data. The adoption of this Article by the
Meeting would not place any partlcuJer land-area In Town within any
of such districts: this problem will be metz'(if and when Article IIA
is adopted) by the Town's a~ion upon Article liB, which proposes the
adoption of a wholly new Zoning Map, which will, hopefully, accurately
describe the boundaries of such proposed new districts;
Your Article 13 proposes ,hat ,he Town place within a "8usl-
ness 3 District" an area of land on Willow Street (wherever that is).
The Tow~ does not presently have a "Business 3 Disfricf,"so it is ob-
vious that you are talking about the proposed new By-Law, many of the
provisions of which are incorporated in your Article 13. Yet your
Section references seem to be to the 1956 By-Law. This raises not a
few problems.
-2-
Since your Article 1_5 pretty slavishly follews the pro-
posed new By-Law text, I suggest that you forget fha minor differ-
ences between them [which can be corrected, if there Is some need
for that, at a later date) and direct your first efforts to the
a(loptlon of Article I IA. Following the Town's adoption of Article
IIA, the real battle-ground will be in the area of Article liB,
during, which I am reasonably confldenf that the fAoderator will enter-
tain your motion "To am. end the proposed new zoning map by having It
show the following described area as being a part of the Buslness ;5
District: (description as in Article 13)." Upon your successful
prosecution of this endeavor, you and Ben can go home, having first
moved to strike Article 13 from the Warrant.
If Article IIA should be rejected, so that we stlll have
our 1956 Zonii3g By-Law in effect, Article lib will, presumably, be
stricken from the Warrant, there will be no "Business 3 District~'
and under your Article the appropriate motion would be: "To amend
the Town*s Zoning By-Law by adding to Section .5.77 thereof the follow-
ing new subparagraph: (24) rperhaps 125), depending upon what happens
on Article 12] (description as appearing in Article 13, proposed new
Sect[on 3.10].
I shall be at the North Andover High School a good half-
hour prior to the scheduled opening of the June 5 meeting, and would
be happy to confer with you further upon these matters if you feel
the need of any such conference.
AHS/Ih
Enclosures
Very ,ruly y~-~'"-'-'~
~ Town Counsel
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ATTEST:
A TRUE COPY
KAREN A. ROBERTSON
ACTING TOWN CLERK
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332 E-r :z-
Commonwealth of Massachusetts
ESSEX SS:
To either of the Constables of the Town of North Andover:
In the name of the Commonwealth of Massachusetts, you are
hereby directed to notify and warn the inhabitants of North Andover
who are qualified to vote in Town Affairs to meet in the Veteran's
Auditorium of our North Andover High School for a Special Town
Meeting on:
Monday, the 5th Day of June 1972
at 7:30 P.M.
then and there to act upon the following articles:
ARTICLE 1. To see if the Town will vote to include Great Pond
Road for highway construction h Ch pter 90 unds.
Petition of the Selectmen. ��
ARTICLE 2. To see if the Town will vote that the number of mem-
bers of the Town Charter Study Committee shall not exceed eleven,
and that there be no require m t that any of them shall be employees
of the Town.
3
Petition of the Selectmen. --------- - --'
ARTICLE 3. To see if the Town will vote to transfer from the Dog
Officer's Salary appropriation, $2,500.00 to Dog Officer Expenses.
Petition of the Selectmen. 4,_ a
ARTICLE 4. To see if the Town will vote to authorize the Selectmen
to act for it in executing a contract between the Town and the Massa-
chusetts Bay Transportation Authority to provide for railroad com-
muter service between North Andover and Boston for the period„/
i 11 itiiYi,gy aric24Erl` id"ng o and to raise
and appropriate such- sunr as- may 15e -necessary- to pay- the cost to the
Town for such service. v-
Petition of the Selectmen.yx
ARTICLE 5. To see if the Town will vote to raise and appropriate
the sum of $5,000 to be expended under the direction of the School
Building Committee for the purpose of conducting a study concerning,,�1.,T,,,u
the construction, equipping and furnishing of an ice skating rink in
conjunction with and as an integral part of the construction of the
new North Andover High School, said sum not to be expended until
the School Building Committee has, by a majority vote, committed
itself to amend its present application for school construction reim-
bursement to include the proposed skat}ng rink.
Petition of the Selectmen. y 4,.- a " !�`�' ,CA
!
ARTICLE 6. To see if the Town will vote to appropr at. --t e sum
i of $17,700 to repair the drainage problem on So. Bradford Street.
Petiticn �af Frank Pierce and others_
ARTICLE 7. To see if the Town will vote to raise and appropriate
the sum of $25,000, to be expended under the direction of the Board
of Public; Works for the purpose of extending the water system 1350
feet on Salem Street and to accept from George Farr of North
Andover the sum of $2,800 towards the cost of the project with all
abutters to be assessed in accordance with Chapter 40 of the General
Laws of the Commonwealth, the expenditure of any funds for the
purpose of this Article to be subject to the reconstruction of Salem
St. along, lines established by the county and .ly after the subbase
of the new roadway is completed. _�
Petition of the Board of Public Works.
ARTICLE 8. To see if the Town will vote to raise and appropriate
the sum of $4000 to be expended under the direction of the Board of
Public Works, for the purpose of extending the water main 420 feet
on Beacon Hill Blvd. and Chickering Road to Bay State Road.
Petition of Karel P. Pesata and others. A.ZS.. 711
ARTICLE 9. To see if the Town will vote to raise and appropriate
the sum of $2,000 -to be expended under the direction of the Planning
Board to cover the expenses incurred in the preparation and printing
of the new Zoning By -Law and Map. 'Y1.3 d 0, o
Petition of the Planning Board.
ARTICLE 10. To see if the Town will vote to amend Article IX
of its General By -Laws, having to do with the regulation of adver-
tising signs and billboards, by substituting in place thereof a new 4 _-+w
Article IX, regulating signs and outdoor lighting, the full text of
which is on file at the office of the Town Clerk and the office of the
Planning Board. nq
Petition of the Planning Board.
ARTICLE 11-A To see if the Town will 'vote to amend the written
text of its 1956 Zoning By -Law (as amended from time to time) by
substituting in place thereof all or so many of the provisions of the
proposed 1972 Zoning By -Law (copies of which are on file, for public
inspection, at the offices of the Town Clerk and of the Planning Board)
as the Town may adopt or amend and adopt at this Meeting; pro-
vided, that if any portions of said proposed 1972 Zoning By -Law shall
not be adopted or not amended and adopted by the Meeting, the most
nearly corresponding provisions of the 1956 Zoning By -Law, as so
amended, shall continue in force in supplement of and not in conflict
with so many of said proposed new Zoning By -Law provisions as
may be so adopted or amended and adopted.
Petition of the Planning Board.
ARTICLE 11-B In the event of the establishment of new zoning
districts in the Town by this Meeting's action under the preceding
Article, to see if the Town will vote to amend the 1956 zoning map
(as amended from time to time) by substituting in place thereof
the May, 1972, proposed zoning map (copies of which are on file, for
public inspection, at the office of the Planning Board), as the same
may be adopted or amended and adopted by this Meeting; provided,
that all areas of land within the Town which are not specifically
designated by the Meeting to be included within one of the zoning
districts defined by its action under the preceding Article shall be
deemed to be within such Residence District, as so defined, in which
permitted land uses are most restrictive.
Petition of the Planning Board.
ARTICLE 12. To see if the Town will vote to amend its Zoning
c) On any lot of at least ten (10) acres, the keeping of
By -Law and the Zoning Map of the Town by changing from In-
any number of animals or birds regardless of ownership
dustrial District to General Business District, beginning at point in
and the operation of equestrian riding academies,
the southerly line of Salem Turnpike at land now or formerly of
stables, stud farms, dairy farms, and poultry batteries.
Sarah Beck, said point being 384.11 feet Northwesterly from a high-
d) The sale of products raised as a result of the above
way bound in front of house # 1803; thence running westerly and
uses on the subject land.
southwesterly by various courses 237.81 feet by land of Beck to an
(21) Parking, indoor storage and other accessory uses assoc-
intersection of walls at land of the Commonwealth of Massachusetts;
iated with the above uses, provided that such accessory
thence turning and running southeasterly along a stone wall by land
use shall not be injurious, noxious, or offensive to the
of the Commonwealth of Massachusetts 312.86 feet to an angle in
neighborhood.
the wall; thence turning and running southeasterly by various
courses along said wall by land of the Commonwealth of Mass. 136.84
feet to an angle in the wall; thence turning and running southwesterly
6.8 Each lot shall contain not less than one hundred and twenty
along said wall by land of the Commonwealth of Mass. 52.86 feet to
thousand (120,000) square feet area and be not more than
an angle in the wall; thence turning and running southerly by various
thirty five (35) feet in height; shall have not less than three
courses along said wall by land of the Commonwealth of Mass.
hundred (300) feet width at the street frontage; and shall
1510.52 feet to an angle in the wall; thence turning and running
have not less than one hundred (100) feet set back from the
northeasterly by various courses along said wall by land of the Com-
front property line; shall have not less than fifty (50) feet on
monwealth of Mass. 1034.83 feet to an angle in the wall; thence
either side or rear from the property line, or if adjacent to
turning and running southeasterly by various courses along the wall
residential district, an additional fifty (50) foot side or rear
by land of the Commonwealth of Mass. 592.70 feet to an angle in
set back shall be provided.
the wall; thence turning and running easterly along the wall by land
Maximum floor area ratio to land shall be no more than 0.40:1;
of the Commonwealth of Mass. 148.34 feet to an angle in the wall;
and maximum lot coverage shall be thirty (30) percent; if an
thence turning and running southeasterly by various courses along
enclosed parking structure is provided, lot coverage may be in -
said wall 1232.77 feet to an angle in the wall; thence turning and
creased up to the amount of such parking area but not to ex -
running northeasterly along the wall by land of the Commonwealth
ceed a total coverage of forty-five (45%) percent.
of Mass. 251.22 feet to an angle in the wall: thence turning and
7.7 IN BUSINESS 3 DISTRICTS there shall be provided the
running again northeasterly, but more northerly along the wall still
following minimum parking spaces:
by land of the Commonwealth of Mass. 241.97 feet to an intersection
a) One space (1) for each four persons based on design ca -
of walls: thence turning and running northeasterly along the wall by
pacity of the facility for auditoriums, theaters, funeral
various courses by land of the Commonwealth of Mass. 283.0 feet
parlors, and other places of assembly.
more or less to intersection of walls at land now or formerly of Towne;
b) One (1) space for each three seats for restaurant and other
thence turning and running easterly along a wall by land of the
eating and drinking places.
c) Six (6) spaces per 1,000 square feet of net ground floor
Commonwealth of Mass. 680.0 feet more or less to an angle in the
area (excluding storage area) for retail store and service
wall; thence turning and running southeasterly along said wall by
land of the Commonwealth of Mass. 45.0 feet more or less to an angle
establishments.
d) Three (3) spaces per 1,000 square feet of net ground floor
in the wall; thence turning and running northeasterly along said wall
area (excluding storage area) for offices, research facilities.
by land of the Commonwealth of Mass. 50.0 feet more or less to an
The required parking for any two or more uses or structures may be
angle in the wall; thence turning and running northerly by land of
provided by the allocation of the total of the various spaces required
the Commonwealth of Mass. 110.0 feet more or less to a point in the
for each use or structure in a common parking facility, cooperatively
southerly line of the Salem Turnpike; thence turning and running
established and operated.
northeasterly along the southerly line of Salem Turnpike 3378.0 feet
If the Building Inspector is unable to identify a use with one or more
more or less to a highway bound of Guy Richards; thence turning
of the uses in the above schedule, application shall be made to the
and running southwesterly by land of Richards 210.0 feet to a point;
thence turning and running northwesterly by land of Richards 430.0.
Board of Appeals for the purpose of determining a sufficient quantity
foot to ex- point; thence turning sai�_rwining northeartorly by land of
of parking spaces to accnmodate the nutonv)biles of all -customers.
Richards 210.0 feet to a point in the southerly line of Salem Turn-
employees, visitors, occupants, members or clients consistent with
pike; thence turning and running northwesterly along said southerly
the provisions contained in the above schedule.
line of Salem Turnpike 229.02 feet to the point of beginning.
The Board of Appeals may by variance make exceptions to the pro -
Petition of Edward W. Phelan and others. �"''y A."� 4r
vision of this section and, upon a written request of the owner and
ARTICLE 13. To see if the Town will vo tQarend the 'Coning
after a public hearing, authorize the Building Inspector to issue per -
for building having less than
By -Laws by adding the following sections: P.a,� „ a.a
mits and uses off-street parking specified
rlr herein, whenever the Board of Appeals finds that under normal
3.1 BUSINESS 3 DISTRICTS -t,- ej.Is �� °
3.10 BUSINESS 3 DISTRICTS. Beginning at a point in the in-
�/% circumstances such lesser off-street parkingarea would adequately
�'s f/
'-"' tersection of the southerly line of Willow Street with the
provide for the needs of all persons using building. Such ex-
westerly line of Salem Turrpike, and running southeasterly
,,t ception may be limited as to time, use or intensity of use.
cjr
810 feet by the westerly line of Salem Turnpike; thence
A parking space shall mean an area of not less than 9 x 18 feet
southerly 500 feet by the westerly line of Chestnut Street;
accessible over unobstructed driveways. These spaces shall be ;grades
thence running westerly 1550 feet; thence northerly 850 feet;�f�a
P�j and paved.
�7 Petition of Benjamin C. Osgood and others.
thence easterly 238 feet; thence northerly 56 feet; and thence
Ir
easterly 630 feet by a lane and land now or formerly of George
.✓ And are hereby directed to serve this Warrant by true
Rea, and again easterly 550 feet by the southerly line of Willow
you posting
and attested copies thereof at the Town Office Building and at five
Street to the point of beginning, being that land as shown on
or more public places in each voting Precinct of the Town. Said
a plan filed with the Town Clerk of North Andover.
copies not having been posted not less than seven days before the
4.10 IN BUSINESS 3 DISTRICTS
time of said meeting.
4.101 BUILDINGS FOR USE AS
(1) Retail establishments.
Hereof, fail not, and make due return of this Warrant with your
(2) Personal service establishments.
doings thereon to the Town Clerk of the time and place of said
(3) Professional offices, banks, real estate offices and insu-
Special Town Meeting.
ranee offices.
(4) Business and other offices.
Given under our hands at North Andover, Massachusetts, the 22nd
(5) Public building or use and public service corporation.
day of May in the year of Our Lord One Thousand Nine Hundred
(6) Art gallery.
and Seventy -Two.
(7) Recreation areas including swimming and/or tennis
clubs shall be permitted with a Special Permit from the
Board of Appeals provided they are determined not to
ARTHUR, P. KIRK
be detrimental to the neighborhood where they are
WILLIAM B. DUFFY, JR. Selectmen of
proposed.
JOSEPH A. GUTHRIE North Andover, Masa.
(8) Place of worship.
(9) Eating and drinking establishments.
(10) Nonprofit school or private school for profit or museum.
(11) Indoor place of amusement or assembly.
(12) Automobile service station (limited to one in each 2,000
MM 2 7 1912
linear feet of street or highway as measured along
center line)
(13) Medical center, clinic or medical laboratory. A True copy:
(14) Funeral parlor. ATTEST
(15) Public parking garage. Constable.
(16) Taxi depot. NORTH ANDOVER, MASS.
(17) Printing and reproduction. MAY 27, 1972
(18) Research and development facilities. ATTEST:
(19) New car sales but not to include outdoor car sales lots
accomodating more than ten used cars. TOWN LEjR
(20) 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 house-
hold 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 of 61 'hA, "' J
such lot. �/