HomeMy WebLinkAbout1991-01-29sco'l-r HARSHB~RGER
ATI'ORNEY GEHERAL
(617) 727-2200
March 14, 1991
Daniel Long
Town Clerk
120 Main Street
North Andover, MA 01845
Dea~ Mr. Long:
: I enclose the amendments to the zoning by-laws adopted under
art~ctes 1, 2, 3, 4 and 5 of the warrant for the North Andover
Special Town Meeting held January 29, 1991, with the approval of
thel Attorney General endorsed thereon.
Very truly yours,
Ant hony(~E< Penski
Assistant Attorney General
617-727-2200 ext. 2082
AEP:ap
Form 1 (revised 1/91) Town: i;0ETH ANDOVFR
Date:
Attorney General Scott Harshbarger
One Ashburton Place, Roo~'2019
Boston, Massachusetts 02108
Attn: By-Laws
JAI',~ARY 29, 1991
Dear Attorney General Harshbarger:
Pursuant to G.L.C. 40, § 32, I hereby request approval of
the enclosed amendments to town by-laws.
Town Meeting (check only one): Annual
Fall Annual
Special
2. Date Town Meeting (TM) First Convened: JANUARY 29. 1091
3. Date(s) of Adjourned Sessions:
4. Warrant articles (numbers) to be acted upon:
(a) Zoninq: 1,2~3,h& 5
(b) Historic District:
(c) General:
(d) Charter Amendment:
5. Maps: warrant articles (numbers) with maps to be approved:
6. Town Counsel: KOPEI~%L~N & PAGE
Address: 101 ~RCH ST. BOST0~, M~SS.
Phone:
Town Clerk:
Signature:
Address:
Phone:
{ g~? ._.) o51-ooo?
D~IEL L0~G
ATTz$?.
March 14, 1991
Boston, Massachusetts
The foregoing amendments to the zoning by-laws adopted under
arti!cles 1, 2, 3, 4 and 5 of the warrant for the North Andover
Special Town Meeting held January 29, 1991, are hereby approved.
~ORNEY~GENERA~
TOWN OF NORTH A NDOVER
~"~' "-, !' TOWN OF'NORTH ANDOVE,
~- .... DIVISION OF
PLANNING & COMMUNITY DEVELOPMENT
~ December 19, 1990
Notice is hereby gNen that Ihs North Andover
.Planning Board will hold a public hearing on
!Thursday evening, January 10, 1991 at 8:00
p.m., ,in the Town Hall, Selectman's Meeting
, Room, pursuant to the provisions ol M.G.L.
Chapter 40Ar Section 5, to amend the .Zoning
Bylaw and Zoning Map as renews: '
Amend Section 4.125 el Ihs Zoning Bylaw
[Residential 6 District) ID allow the following
iuses: ' · ' ~ .
- 22. Townhouses
land to furlher amend Table 2 of the Zoning
Bylaw (Residen~aJ 6 Dis~'ict) as follows: .
r: Dwelling unit
. .. De. lily Maximum l?JAcre .
i Petit~0n of John Rodman and Others
Copies el the complete lexl is available at the
olfices el the Town Cler,k and Planning Board
9:30-4:30.
North Andova~ Ci~zan: 12/2~90, 1/2J91
L;~~ RTH ANDOVER
~ i~,:;~ DIVISIDNOF
~DLANNIHG & ~MMU~ DEVELOPME~
~19, 1990 "
· ~s hme~ ~ ~1 ~e No~ Andover
~Ple~i~.Board ~iti h01d a public hearing on
' ~aF evening. Jan~ry 10, 1991 a~ 8:00
p.~;~ ~e Town ~11, Selectmen's Meeting
Room, pu~uanl Io the provisions el
~C~t~ ~A, S~on 5, ~ amend ~e Zoning
· . ~ ~ ~p u io~: . .
.. , ..... · ,
SPECIAL TOWN MEETZNG JANUARy 29, 1990
Nor~ Andove~ Ci~zen December 26, 1990
~" ~/~ LEGAL NOTICE
TOWN OF NORTH ANDOVER
DIVISION OF
PLANNING & COMMUNITY DEVELOPMENT
December lg. 1990
Notice is hereby given Ihat tl~ North Andover
Planning Board will hold a public hearing on
Thursday evening· Janua~ 10, 1991 et 8:00
p.m., in the Town Hall, Selectman's Meeling
Room, pursuanl lo the provisions of M.G.L
Chapter 40A, Section 5, to amend the Zoning
Bylaw and Zoning Map as follows:
Add to Section 8.4, Paragraph 0. la read as lei-
lows
6. Village Commercial Dimensional
Requiremanls
In I~e Village Commercial Zonir~ Dis~ict the fol-
lowing requirements shall be adhered to
(Screening;Landscaping
Screening Obiective: Due to the high eot~lhetic
slandards lc, which the Archilaclura shall be
made Io conform, the main purpose el Ihs
screening shall be to screen the parking end
other accessory st,'ucturas which may be a part
of the development. The Planning Board may
require any addhional ~reening as may be
sonably required.
Pelt[ion el the Nodh Andover Planning Board
George Poma, Jr., Chairman
Copies of Ihe complete text is available at the
Office el Ihs Town Clerk and Planning Board
8:30-4:30.
North Andover Cilizan: 12/26.'90, 1~91
LEGAL NOTICE
Add Section 10/14 to the Noah Andavar Zoning
Bylaw so as to allow Ihs Town manager Io
appoinl one (1) associate member to Ihs
. Ranning Board.
~e[i~on of ~e Nor~ Andover'Plan~ing Board,
George Pome, Jr., Chairman
Copies of the complete text is availab!e at the
Office ol the Town Clerk and Planning Board
8:30-,l:30.
North An4ovefCl~en: t Z~'~"go. 1/2~91
DIVISION OF
PLANNING & COMMUNITY DEVELOPMENT
December lg,
: No[ice is hereby given that the North Andover
Planning Board will hold a public hearing on
· Thursday evening, January 10, 1991 al
p.m., in the Town Hall, Selectmen'~ Meeting
. Room, pursuant to the provisions Of M.G.L
Chapter 4DA. Section 5, to amend the Zoning
Bylaw by replacing Section 4.135 Watershed
~' P[otectio~ Ois~cl with the Iollowing revisions:
, New language was added regarding allowed
~ agricultural Uses and home heating fuel tanks;
and commercial kitchens on public sewer by
Special Permil. Language was tariffed in the
Non. Disturbance Zone ,egardthg prohibited
sapac systems, repair/replacement of
septic sys~'ms where no sewer is available, and
additions to homes were also cledtidd lot the
Non-Oislurbance Zone· Informallenal require-
meats for groundwater analysis wine also dad-
lied.
(tition el the Conservation Commission,
ard ol Health end Planmng Board.
Copies of tho oomplala lext is available al the
Olfica ol tho Town Clerk and planning
Nor ti1 Andover CilJ;~an: 12/26/g0. lrZ/9t
Page 27
.... TOWN OF NORTH ANDOVER
DIVISION OF
PLANNING & COMMUNIIY DEVELOPMENT
Decembe~ lg, 1990
Notice Is hereby given that the NOr~ Aodover
Planning Board will hold a public hearing on
Thursday evening, Januap/10, 1991 at 8:00
p.m., in the Town Hall, Selec~men's Meeting
Room, pursuant to the provisions of M.G.L.
Chapter 40A, Secllon 5, to amend the Zoning
Bylaw and Zoning Map as lei!owe:
Replacing the exislJng Boo,ion 8.1 Off-Street
Parking with the following:
13. Village Commercial Dimensional
Requirements Parldng
Objeclive: To produce patna which is aestheti-
cally pleasing, well screened, assessable and
broken into smaller parcels that may directly
and edeqUalety service adjacent s~JClUreS.
Peri,on of the North Andes, er Plenn/ng
George Poma, Jr., Chairman
Copies of the complele text !s available at the
Offices of the Town Clark and Planning Board
8:30.4:30.
North Andover Citizen: 12/26/90,
'~'~J .LEGAL NOTICE
TOWN OF NORTH ANOOVER
DIVISION OF
PLANNING & COMMUNITY DEVELOPMENT
December lg, 1990
Notice is hmaby given that [he No~ Andover
Planning Board will hold a public hearing on
Thursday evening, January 10, 1991 et 8:00
p.m., In the Town Hall, Seleclmen's Meeting
Room, pursuanl to the provisions ot M.G.L.
Chapter 40A. Section 5, to amend the Zoning
Bylaw and Zo~ng Map as Iollows:
Amend Table 2, Summary of Dimensional
Regulations by inserting new column enlilled
'~llage Commercial after the column Bus.4; and
include 1he
Lot Area 130,680 Sq. FL (3 Acres)
Height IMaximum Ft
Street Frontage(Mia in Ft.) 200 IL
Front Setback (Mtn in ft.) 50"'(17)(I)
Side Selback (Mia in fi.) 25"*(17)
Rear Selback (Mia i.'t f%) 25"'(17}
Floor Area F'mtion (MaxI N,'A
Lo! Coverage (Ma,~} 25%"
Dwelling Unit Dens~ty IMax/Acre) N/A
Open Space 25%"
· 40' Not to Exceed Two Stories
*' Reler Io Section 8.1(13) and '.4(6)
Further add new foolnotes to Table 2, i.e. as
required Io delineate above changes.
Petition of the North Anclover Planning Board,
George Poma, Jr., Chairman
Copies el the complela text is available at the
Office o( the Town Clerk end Planning Board
8:30-4:30.
North Andove~ CilJzen: I~26tg0, 1t2~ t
ATTEST:
A 'Pn;.e
Town Clezk
LMng proof that expert cardiac care
touches many hearts,
On May 16, 198Z the I~rlon hlmily had a heart t~ilorcd program o{ pr~'enm'e cardiac care. We also
at,ck. When Victor Bar, on felt chest pains that provide iamflv counseflng and training in thc prow
Saturday morning, the only thing his ~-,{e Elaine sion ol borne'after-care.
knew tot sure was that hc needed mediol attention
{.]st. Thc {act that Ntw.. England Memoml
was only a tew milea away made their
choice an easy one. Thc cate th~' would
receive thai night would make their choice
thc right one.
After Victor was stabilized, our nutd
tiomsts, rehabilitation experts and cardiac
specialists put togcOm' zn indi~du.~Jly
New E ),~l;md
Memorial Hospital
Omc s~/f of ~fe
On May 16. 1987, the rAtdiac c. arc learn at New
' England Memorial gave a Stoncham
[ami]'/somethmgmore than medical
~rc. They gaxe Ihcm a second chance.
The Bartons arc Living prcol that
~r more inJormation regarding our
services or for ,1 listing o{ our physicians,
please call ({~171 979-?117
A'rr~ST:
A T~e Col:
To,~m Clerk
Living proo that expert car c care
touches many hearts
On May I6, 1987. he Barton (amilv had a heart tailom-d program ot prevenm~ cardiac ca~ We also
attack, When Victor Barton {ell chest Pe°ns that pro,4de family counseling and training in the provi-
sion ol home'alter-cam
Saturday morning, the only thing his v4fe Els ne
knew {or sure was that he needed medkll attention On May 16, 1987. the ~rdiac care team at New
last. The [~a that New England Memorial .... ,Eng?nd Mle~nal gave,taStnomn~:~,
choice an easy one. The carc thc',' would ~k"[l~*~q~ ~il~ care, They ga,, thcm a ~er. ond chance
receive that night ',,~Jld make thi:ir choice l~. ,' ~l~ ...~.11~' ','-~ Thc Bartor~ arc living ptoo[ that
the right onc ~'~'q[l~ 'q~'~ll~ '~ qualitycaretoucheamanrhearts.
Alter Victor was ~tabili:ted. our nutd~ [ ~ ~ 't[ f ~ For more inlormatio~{ raga[ding our
tionists, rehabilltationexpertsandcardiac r i ',' I , ~,rnces°-r[~[7~l-i}~n~,%l°urphys'c'ans'
special~sput together anindi~Sdually ~,.~, ~,~ ~,.~.~ ~,. pieaseca, m~t :. 7-~/,
;1 New El,gland
Mcmorial Hospital /k 'l'lale Col
the safff of life
Town C~e~k
TOWN OF NORTH ANDOVER
SPECIAL TOWN MEETING WARRANT
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS:
To the Constables of the Town of North Andover:
GREETINGS:
In the name of the Commonwealth of Massachusetts, and in
compliance with Chapter 39 of the General Laws, and as recently
amended by Chapter 8, Section 9A of the Acts of 1974 and our
North Andover Town Bylaws, Chapter 2, Section 2-4-1, you are
hereby directed to notify the inhabitants of the Town of North
Andover who are qualified to vote in Town affairs to meet in the
North Andover High School Field House on Tuesday, January 29,
1991, at 7:30 p.m. then and there to act upon the following
articles:
Article 1. To see if the Town will vote to add the
following Section 10.14 to the North Andover Zoning Bylaw so as
to allow the Town Manager to appoint one (1) associate member to
the Planning Board.
Petition of the Planning Board
10.14 Planning Board, associate member.
In addition to the five (5) members of the Planning
Board already allowed by statute, the Town Manager may
appoint one (1) associate member. As guided by M.G.L.
Chapter 40A this associate member will only be allowed
to sit on Special Permit applications to the Planning
Board. The Chairman of the Planning Board may
authorize the associate member to vote in case of a
vacancy to the board, or in the case of absence,
inability to act, or conflict of interest on the part
of any member of the board
Planning Board Recommendation: Favorable action
MOTION: Move to amend the Zoning Bylaw by adding section 10.14
as printed in Warrant Article # 1.
VOTE: Voted unanimously to adopt as moved.
Town Cle~
I Article 2. To see if the Town will vote to replace Section
4.135 of the Zoning Bylaw with the following revision:
4.135 WATERSHED PROTECTION DISTRICT
1. Purpose
The Watershed Protection District surrounding Lake Cochichewick,
the Town's sole source of public drinking water supply, is
intended to preserve and maintain the filtration and purification
function of the land, the purity of the groundwater and the lake,
to conserve the natural environment and to protect the public
health, safety and welfare.
The Lake Cochichewick Watershed Plan (August 1987), prepared by
IEP Inc. for the Town of North Andover, is a comprehensive study
of the lake and its watershed. The Watershed Protection District
is a portion of the IEP study's recommended management plan.
Copies of the Watershed Plan are available in the office of
Planning and CommunityDevelopment.
The Watershed Protection District is herein established as an
overlay district and shall be superimposed on the other districts
established by this Bylaw. The requirements enumerated hereafter
for this Watershed Protection District shall be in addition to,
rather than in place of, the requirements of such other
districts.
The Special Permit Granting Authority
shall be the Planning Board.
2. Boundaries
(SPGA)
under this Bylaw
a. District Boundaries
Boundaries of the Watershed Protection District are
shown on Attachment 1, entitled Subdrainage Areas
(dated August 1985) and contained in the Watershed
Plan. This map is hereby made a part of this Bylaw and
is on file in the office of the Town Clerk. The Zoning
Map's Lake Cochichewick Watershed boundary shall
conform with the aforementioned IEP map.
In the event that the SPGA determines, on the basis of
credible evidence before it, that there exists a
significant doubt or dispute concerning the proper
location of boundaries of the Watershed Protection
District on any individual lot or lots, the SPGA shall,
at the request of the owner of such lot or lots, engage
a Registered Professional Engineer to advise it in
determining such boundaries. The owner making such
request shall reimburse the SPGA for the cost of such
Engineer. Upon completion of the Engineer's report to
the SPGA, the SPGA shall hold a hearing to make a final
determination of such boundaries. At such hearing,
such report shall be deemed evidence sufficient to
establish the location of the boundary.
When the Watershed Protection District boundary divides
a lot of record on June 28, 1978, in one ownership, the
intent of the zoning regulation set forth in this
zoning Bylaw applying to the greater part by area of
such lot so divided shall be deemed to apply and govern
at and beyond such Watershed Protection District
boundary, but only to the 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, provided, however, that where the premises
are partially outside of the Watershed Protection
District, potential pollution sources such as on-site
waste disposal systems, shall be located outside of the
District to the extent feasible.
Buffer zones
There shall exist a Non-Disturbance buffer zone which
shall consist of all land areas located within two
hundred fifty (250) feet horizontally from the annual
mean high water mark of Lake Cochichewick or within one
hundred (100) feet horizontally from the edge of all
wetland resource areas (as defined in M.G.L. Chapter
131 Section 40, and the Town Wetlands Bylaw) located
within the District.
There shall exist a Non-Discharge buffer zone which
shall consist of all land areas located between two
hundred fifty (250) feet and three hundred twenty-five
(325) feet horizontally from the annual mean high water
mark of Lake Cochichewick or between one hundred (100)
feet and three hundred twenty-five (325) feet
horizontally from the edge of all wetland resource
areas (as defined in M.G.L. Chapter 131 Section 40 and
the Town Wetland Bylaw).
Overview of Buffer Zones:
Non-Disturbance
Zone
Non-Discharge
Zone
From the Annual High Water Mark
of Lake Cochichewick out to
250' 325'
From the Edge of Ail Wetland
Resource Areas Within the
Watershed District out to
100' 325'
3. Watershed Protection District
al Allowed Uses
The following uses shall be allowed in the Watershed Protection
District:
Ail uses associated with municipal water
supply/treatment and public sewer provided by the Town
of North Andover.
Ail agricultural uses, providing that such uses
exercise Best Management Practices and be undertaken in
such a manner as to prevent erosion and siltation of
adjacent water bodies and wetlands.
Routine maintenance of any existing use of property,
including the maintenance and improvement of existing
roadways and drainage systems by the North Andover
Department of Public Works.
Maintenance of fire access lanes by the Fire Dept.
Underground tank storage for heating fuel for a single
family residence, provided that the tank is outside the
Non-discharge zone and obtains a permit from the North
Andover Fire Dept.
Permitted uses allowed in Section 4.121.
b. U~es Allowed by Special Permit
The following uses may be allowed in the Watershed Protection
District only by the granting of a Special Permit issued pursuant
to this section:
1. Golf courses, pubic or private.
2. Any other use not provided for elsewhere
section.
3. A Commercial kitchen on public sewer.
in this
c. Prohibited Uses
The following uses are specifically prohibited within the
Watershed Protection District:
Any solid waste facility as defined by M.G.L. Chapter
III, Section 150A.
Municipal sewage treatment facilities, not including
sewer lines, pump stations and other accessory sewer
system equipment used to transport sewage to a
treatment facility located outside of the District.
Privately owned wastewater treatment plants.
Road salt or other deicing stockpiles.
Underground tanks or collection pits for storage of
fuel or hazardous materials (except as provided for in
Section 3.(a)(5)) including any tanks or collection
pits partially below mean ground elevation but
excluding any tanks located completely within a
building otherwise permitted under this section.
6. Dumping of snow from outside the District.
7. Motor vehicle salvage operations and junk yards.
8. Car washes.
9. Self-service laundries, unless connected to public
sewer.
10. Airplane, boat, and motor vehicle service and repair
establishments (including auto body shops).
11. Metal plating, finishing or polishing.
12. Chemical and bacteriological laboratories.
13. Electronic circuit assembly.
14. Hotels or motels, unless connected to public sewer.
15. Painting, wood preserving and furniture stripping
establishments.
16. Photographic processing establishments.
17. Printing establishments.
18. Dry Cleaning establishments.
19. Storage of herbicides, pesticides or fertilizers, other
than in amounts normally associated with household or
existing agricultural use.
20. Commercial cabinet or furniture making.
21. Commercial storage or sale of petroleum or other
refined petroleum.
22. Commercial manufacture, storage, use, transportation or
disposal of any substance of such physical, chemical or
infectious characteristics as to pose a significant,
actual or potential, hazard to water supplies, or other
hazard to human health if such substance or mixture
were discharged onto land or waters of this Town,
including but not limited to organic chemicals,
petroleum products, heavy metals, radioactive or
infectious waste, acids, and alkalis, and all
substances defined as Toxic or Hazardous under M.G.L
Chapter 21C and Chapter 21E and the regulations
promulgated thereunder, and also including pesticides,
herbicides, solvents and thinners.
23. Restaurants.
24. Commercial kitchens not on public sewer.
4. Non-Discharqe Zone
The Non-Discharge Buffer Zone consists of all land located
between 250' and 325' of the annual mean high water mark of the
lake and between 100' and 325' from the edge of all wetland
resource areas.
a. Uses Allowed by Special Permit
The following activities may be allowed within the Non-Discharge
buffer zone only by the granting of a special permit issued
pursuant to this section:
Any surface or sub-surface discharge, including but not
limited to, storm water runoff, domestic or industrial
wastewater, drainage of any roadway that is maintained
by the Dept. of Public Works or any private
association, outlets of all drainage swales, outlets of
all detention ponds. All stormwater management systems
shall employ Best Management Practices.
Construction of any new septic system.
b. Prohibited Uses
Thel following uses are
Discharge Buffer Zone.
specifically prohibited in the Non-
The use, or method of application of, any lawn care or
garden product (fertilizer, pesticide, herbicide) that
may contribute to the degradation of the public water
supply.
The use of lawn care or garden products that are not
organic or slow-release nitrogen.
5. Non-Disturbance Zone
The Non-Disturbance Buffer Zone consists of all land areas
located within 250' of the annual mean high water mark of Lake
CoChichewick or within 100' of all wetland resource areas (as
defined by the Massachusetts Wetlands Protection Act and the Town
Wetland Protection Bylaw.)
a. Uses Allowed bv Special Permit
The following uses shall only be allowed within the Non-
Disturbance Buffer Zone by Special Permit issued pursuant to this
section:
Any activities which cause a change in topography or
grade.
Vegetation removal or cutting, other than in connection
with agricultural uses or maintenance of landscaped
area.
Construction or replacement of any permanent structure
allowed by other provisions of this bylaw or by
variance.
Any surface or sub-surface discharge, including but not
limited to, stormwater runoff, domestic or industrial
wastewater, drainage of any roadway that is maintained
by the Dept. of Public Works or any private
association, outlets of all drainage swales, outlets of
all detention ponds.
Construction of any accessory structure or expansion of
an existing structure by less than fifty (50) percent
of the gross floor area of the existing structure.
b. Prohibited Uses
The following uses are
Disturbance Buffer Zone.
specifically prohibited in the Non-
Construction of any septic system.
Construction of any permanent structure, or expansion
of an existing structure by fifty (50) percent or more
of the gross floor area of the existing structure.
6~
Special Permit Reauirements for Non-Disturbance and NoD-
Disoharqe Buffer Zones
Any Special Permit issued under this section for a new
permanent structure (other than an accessory structure or
expansion that is less than 50% of the gross floor area of a
structure) or a septic system shall require that such
structure or system be constructed outside the Non-
Disturbance Buffer Zone.
Within the Non-Disturbance and Non,Discharge Buffer Zones,
and runoff from impervious surfaces, other than driveways,
rooftops, walkways and patios servicing single family
dwellings shall, to the extent possible, be recharged on
site and diverted toward areas covered with vegetation for
surface infiltration. Where on site recharge is not
feasible due to soil or other natural conditions, other
mitigating measures such as sedimentation ponds, filter
berms, or restoring wetlands, shall be used to the fullest
extent practicable. Dry wells shall be used only where
other methods are not feasible and after approval by Board
of Health, Building Inspector and the Dept. of Public Works
to assure that the methods used for on site infiltration
and/or other measures shall remain effective.
7. Special Permit Requirements for the Watershed District
a. Eight (8) copies of an application for a Special Permit
under this section shall be filed with the SPGA. Special Permits
sh~ll be granted if the SPGA determines that the intent of the
Byiaw, as well as its specific criteria, are met. In making such
determinations, the SPGA shall give consideration to simplicity,
reliability, and feasibility of the control measures proposed and
the degree of threat to water quality which would result if the
control measures failed.
b. Upon receipt of a Special Permit Application, the SPGA shall
transmit one (1) copy of each to the Division of Public Works,
Fire Chief, Title III Committee, Division of Planning and
Community Development, Conservation Commission and the Board of
Health for their written recommendations. Failure to respond in
writing within thirty (30) days shall indicate approval or no
desire to comment by said agency.
ci. Special Permits under this section shall be granted only if
the SPGA determines, after the time of comment by other Town
agencies as specified above has elapsed, that, as a result of the
proposed use in conjunction with other uses nearby, there will
not be any significant degradation of the quality or quantity of
water in or entering Lake Cochichewick. Such showing shall
include, at a minimum, a written certification by a registered
possessing exteBslve experience
pi ofessional Engineer, or other
~ . . . scientist, educated in and
in the science of hydrology and
hYd/rogeology, as to the above impact. The applicant must also
show that there is no reasonable alternative location outside the
Non-Disturbance and/or Non-Discharge Buffer Zones, whichever is
applicable, for any discharge, structure or activity, associated
with the proposed use, to occur.
d. The following information will also be required by the
applicant as part of any Special Permit Application:
Evidence of approval by the Mass. Dept. of
Environmental Protection (DEP) of any industrial waste
water treatment or disposal system or any waste water
treatment system of fifteen thousand (15,000) gallons
per day capacity.
Evidence that all on-site operations including, but not
limited to, construction, wastewater disposal,
fertilizer applications and septic systems will not
create concentrations of Nitrogen in groundwater
greater than the Federal limit of 10 ppm (when diluted
by recharge derived from precipitation) at the
downgradient property boundary.
Projections of downgradient concentrations of nitrogen,
phosphorous and other relevant chemicals at property
boundaries and other locations deemed pertinent by the
SPGA.
The SPGA may also require that supporting materials be prepared
byi other professionals including, but not limited to, a
registered architect, registered landscape architect, registered
land surveyor, registered sanitarian, biologist, geologist or
hydrologist when in its judgement the complexity of the proposed
work warrants the relevant specified expertise. Special Permit
Application forms are available in the Planning Office.
e. Provisions shall be made to protect against toxic or
hazardous material discharge or loss resulting from corrosion,
accidental damage, spillage or vandalism through measures such as
spill control provisions in the vicinity of chemical or fuel
delivery points; secured storage areas for toxic or hazardous
materials, and indoor storage provisions for corrodible or
dissolved materials. For operations which allow the evaporation
of toxic materials into the interior of any structures a closed
vapor system shall be provided for each structure to prevent
d~s~harge or contaminated condensate into the groundwater. For
any toxic or hazardous waste to be produced in quantities greater
than those associated with normal household use, the applicant
must demonstrate the availability and feasibility of disposal
methods which are in conformance with M.G.L. Chapter 21C.
Wrl ten Notice of any violation of this Bylaw shall be provided
by the SPGA agent to the owner of the premises specifying the
nature of the violation. The agent of the SPGA shall request of
the violator a schedule of compliance, including cleanup of
spilled materials. Such schedule shall allow for the immediate
corrective action to take place. This compliance schedule must
be reasonable in relation to the public health hazard involved
and the difficulty of compliance. In no event shall more than
thirty (30) days be allowed for either compliance or finalization
of a plan for longer term of compliance. Said schedule of
compliance shall be submitted to the SPGA for approval subsequent
to the violation. Said agent of the SPGA shall notify the
Building Inspector of any violations of the schedule of
compliance or of any failure to satisfy the requirements of this
paragraph.
9. Severabilit¥
If any portion, sentence, clause or phase of this regulation
shall be held invalid for any reason, the remainder of this Bylaw
shall continue in full force.
Petition of the Conversation Commission
Board of Health
Planning Board
Planning Board Recommendation: Favorable action
MOTION:
Move to amend the zoning Bylaw by replacing the existing
section 4.135 with the proposed wording as printe~ in
Warrant Article #2, with the following amendments:
Paragraph 6.B., second line: "and" should read as "any".
Paragraph 7.D.2., fifth line: "10 ppm" should read as
"10 mg/Liter"
Paragraph 5.A.3., be changed to read "Construction of a
new permanent structure only after a variance has been
granted by the Zoning Board of Appeals."
Paragraph 5.A.4., add a new paragraph to read:
"Replacement of any permanent structure."
VOT]
The current paragraphs 5.A.4 and 5.A.5 as printed in
Warrant Article # 2, be renumbered to 5.A.5 ~nd 5.A.6
respectively..
Paragraph 5.B.2., the word "new" be inserted before
"permanent structure."
Voted unanimously to adopt as moved and amended.
ATTEST:
A True Copy
To.,a Clerk
B~l
V~l
and
LOT AREA MIN.
HEIGHT MAX.
STREET FRONTAGE MIN.
FRONT SETBACK MIN.
SIDE SETBACK MIN.
EAR SETBACK MIN.
FLOOR AREARATIO MAX.
LOT COVERAGE MAX.
DWELLING UNIT
DENSITY MAX/ACRE.
OPEN SPACE
Article 3. To see if the Town will vote to amend the Zoning
~w, Table 2, Dimensional Requirements, more specifically
lage Commercial Dimensional Requirements and amend Footnote 1
add Footnote 17 to reflect the changes as follows:
Petition of the Planning Board
5AGE COMMERCIAL DIMENSIONAL REQUIREMENTS
~DMENTS TO TABLE 2.
130,680 SQ. FEET (3 ACRES)
40'* (17)
2OO
50' ** (17) (1)
25' ** (17)
25' ** (17)
N/A
25%
N/A
25% **
* : 40' NOT TO EXCEED TWO STORIES
** REFER TO SECTIONS 8.1 (13) AND 8.4 (6)
******** FOOTNOTE 1. IN THE EXISTING BYLAW S~L~TW, BE REWRITTEN TO
READ AS FOLLOWS:
1. In all districts except Village Commercial, front setbacks
along Route 114 shall be a minimum of 100'. Front setbacks shall
be 100' along Route 125 in industrial 1 and 2 districts; the
first 50' of front setbacks under this requirement shall be made
to.provide an effective visual buffer and no parking shall be
permitted.
********* FOOTNOTE 17. SH~T.T, BE ADDED TO TABLE 2.
17 * VIT.T~%GE COMMERCIAL DINR. NSIONAL REQUIRENRNTS.
SETBACKS
~i ;~ Ob3eGtlve: The setbacks have been determined and arranged in
· SUC ' ' ~
h a way as t? promote a quality development which lends itself
/. ': t0 the surroundIng community in an unobstructive manner.Recommended guideline:
a. Front setbacks for structures along Route 114 shall be a
minimum of 50', all of which shall be used as an effective
visual buffer. No parking shall be allowed within that 50'
buffer. Any roadways or drives within that 50' buffer shall
be as necessary for access only.
b. Side and rear setbacks shall be a minimum of 25' with the
first 10' remaining as an effective visual buffer. When
adjacent to residential districts the minimum setback shall
be 40' with the first 25' remaining as a buffer. The
Planning Board may allow the minimum setback adjacent to a
residential district to be reduced to 25' provided that the
maximum height of the proposed structure be 25' not to
exceed one story. Further, for every 1' that the structure
is moved closer to the residential property line the maximum
allowed height of the structure shall be reduced by 1'.
(Diagram 1) No parking shall be allowed within the side or
rear setback. Any roadways or drives within those setbacks
shall be as necessary for access only.
Diagram 1.
- 40'
E
(Residential Abutter;
Property SETBACK
Line
Planning Board Recommendation: Favorable action
MOTION:
Move to amend the Zoning Bylaw by replacing the existing
column Titled "Village Commercial" in Table 2, and
footnote one (1), with the proposed wording as printe~
in Warrant Article 13, and further to add footnote 17 as
printed in Warrant Article #3, all with the following
amendments:
* Lot Area Minimum to be 90,000 square feet.
* The term "Recommended Guidelines" be taken out.
Paragraph 17.B., to read as follows:
"When adjacent to a Residential District the minimum
setback shall be 40', with the first 25' remaining as
an effective visual buffer. The Planning Board may
allow the minimum setback adjacent to a Residential
District to be reduced to 25' provided that the
maximum height of the proposed structure be 25' not to
exceed one (1) story. Further, for every 1 foot that
the structure is moved closer than 40' to the
Residential Property Line the maximum allowed
height of the structure shall be reduced by 1 foot
(See Diagram 1). In no instance shall a structure be
closer than 25' to a side or rear setback. No parking
shall be allowed with the side or rear setback. Any
roadway or drives within those setbacks shall be as
necessary for access only."
VOTE:
Voted unanimously to adopt as moved with the
above referenced amendments.
Article 4. To see if the Town will vote to add to Section
8.41of the Zoning Bylaw, Screening and Landscaping Requirements
for~Off-Street Commercial and Industrial Districts, Paragraph 6,
to read as follows:
Explanation: To place
Dimensional Requirements
Bylaw.
Petition of the Planning Board
changes to the Village Commercial
in the proper Section of the Zoning
6. VIrJAGE COMMERCIAL DIMENSIONAL REQUIRE~E~T$.
In the Village Commercial Zoning District the following
requirements shall be adhered to. The following requirements are
only to be placed upon the Village Commercial Zoning District and
shall take the place of the preceding regulations found in
paragraphs 1-5.
SCREENING
Obj,
Arc]
SCD
str~
Boa~
re~
Rec~
a.
~ctive: Due to the high aesthetic standards to which the
~itecture shall be made to conform, the main purpose of the
~ening shall be to screen the parking and other accessory
lctures which may be a part of the development. The Planning
~d may require any additional screening as may be reasonably
lired.
,mmended guidelines:
Ail buffer zones must be designed by a registered Landscape
Architect, or other professional as approved by the Planning
Board.
The Planning Board recommends that materials to be used in
the buffer include but not be limited to the following
material:
Natural/existing vegetation, natural topography, berms,
stone walls, fences, deciduous and coniferous shrubs/trees,
perenials, annuals, pedestrial scale walkways, gazebos and
other landscape material as it addresses the aesthetic
quality of the site.
The final approval of all material used within the buffer
zone shall be at the discretion of the Planning Board.
Parking Lots containing 10 or more spaces shall be required
to provide one tree for every five spaces. All trees shall
be a deciduous mix of at least 2.5 inch caliper when
planted. Native trees and shrubs shall be planted wherever
possible, in order to capture the "spirit of the locale"
through indigenous species (such as lilac, viburnum, day
lilies, ferns, red twig dogwood, oak, maple, sycamore,
linden, hawthorne, birch, shadbush, etc.)
In instances where healthy plant material exists on a site
prior to its development, in part or in whole, for purpose
of off street parking or other vehicular use areas, the
Planning Board may adjust the application of the above
mentioned standards to allow credit for such plant material
if, in its opinion, such an adjustment is in keeping with
and will preserve the intent of these standards.
As each site is different it is difficult to provide strict
guidelines and regulations as to the amount of screening to
be appropriate for any given site. With this in mind, the
Planning board will review each site extensively to assure
it is in harmony with the general purpose and intent of this
section of the bylaw.
Planning Board Recommendation: Favorable action
MOTION:
Move to amend Section 8.4 of the Zoning Bylaw by adding
Paragraph 6 as written in Warrant Article ~4, with the
following amendments:
* The. term "Recommended Guidelines" be taken out.
Paragraph D., be removed
VOTE:
Voted unanimously to adopt as moved with the
above referenced amendments.
a C p?
Clerk
i Article 5. To see if the Town will vote to amend the Zoning
Bylaw, Section 8.1(13), Parking Requirements as they relate to
the iVillage Commercial Zoning District, Paragraph 13 to read as
follows:
Petition of the Planning Board
See Attached
Explanation:
Dimensional
Bylaw.
To place
Requirements
changes to the Village Commercial
in the proper Section of the Zoning
13. VITJ~GE CO~4ER¢IAL DIMENSIONAL REQUI~Z~E~T$.
PARKING
Objective: To produce parking which is aesthetically pleasing,
well screened, accessible and broken into smaller parcels that
may directly a?d a~equately so,ice adjacent structures.
RecOmmended ~ldellnes:
a. ~ A minimum of 5% landscaping and green space must be provided
for in all parking areas. This 5% is not intended to
include the buffer zones, but shall include all inte~al
landscaped islands in the parking areas.
No single section of parking may contain more than 25% of
the total proposed parking spaces or more than 50 spaces,
whichever is less. As a method of division, 6' wide parking
lot islands shall be installed to provide the proper break
between adjacent parking lots. for projects which require
less than 50 spaces in total, the Planning Board may allow
all 50 spaces to be located together if an effective visual
buffer is provided.
Each landscaped island must be 6' in width a the minimum.
In locations where the possibility exists to enlarge the
entire island or portions thereof, the Planning Board would
recommend that Such measures be taken.
In all instances where natural topography lends itself to
the screening of these parking areas it shall be left in its
natural state. The Planning Board may at their discretion
require additional screening at the owners expense.
Parking lots shall be provided only at the side or to the
rear of the buildings. The Planning Board may, at their
discretion, allow up to 50 spaces, or 25% of the total
parking, whichever is greater, to be located to the front of
the structure as long as all other dimensional criteria are
adhered to.
e. The Planning Board shall have the discretion to allow
between 4 - 6 parking spaces per 1000 square feet of Gross
Floor Area for retail development in the Village Commercial
District.
Planning Board Recommendation: Favorable action
MOTION:
Move to amend Section 8.1 of the Zoning Bylaw by adding
Paragraph 13 as written in Warrant Article #5, with the
following amendments:
* The term "Recommended Guidelines" be taken out.
VOTE:
Voted unanimously to adopt as moved with the
above referenced amendments.
ATTZST:
A Tree C~
./
COURTESY NOTICE OF PUBLIC HEARINGS
[.,tlj~!.!,/~?.t TOWN OF NORTH ANDOVER
"~r,$~ECIAJ~ TOWN MEETING JANU~IY 29, 1990
~ A~ q~zen ~ ~, 1~ Page 27
.... '~ ' ' LEGAL NOTICE
'~"~; '*,* iTOWN OF NORTH ANDOVER
;.,' .... DIVISION OF
PLANNING & COMMUNITY DEVELOPMENT
December 19, 1990 '
LEGAL NG1`ICE
TOWN OF NORTH ANDOVER
DIVISION OF
PLANNING & COMMUNITY DEVELOPMENT
December tg. tgg0
Ndtice Is hereby given thai the North Andover Notice is hereby given Ihat the Norlh Andover
I P arming Board will hold a public hearing on Planning Board will hold e oubtic hearing on
:Thursday evening, January 10, 1991 al 8:00 Thursday evening, January fO. 1991 at 8:00
p.m.; in Ihe Town Hall, Selectmen's Meeting," p.m.. in the Town Hall, Selectmen'a Meeting
Room, pursuanl to the provisions el M.G.L Room, pursuant ID the provisions el M.G.L.
Chapter 41DA Section 5 Io amend the Zoning '. Chapter 40A, Section 5, to amend Ihe Zoning
· Bylaw and~ Zor,ng Map as follows: - - .'".' Bylaw and Zoning Map as follows: ·
Amend election 4.125 of the Zoning Bylaw Add lo Section 8.4. Paragraph 6. to read as fei-
lows
6. Village Commercial Dimensional
Requirements
In the Village Commemlal Zoning District Ihe tel-
lowing requHemenls shall be adhered to
(Screening/Landscaping AD).
Screening Objective: Due to Ihe high aesthelic
Standards te which the Architeclum shall be
made to conlofm, the main purpose al the
screening shall be to screen Ihe parking end
elher accessory seuctures which may be a part
el the developmenL The Planning Board may
require an), additional screening as may be rea.
senably required.
Petilion el the North Andover Planning Board
George Poma. Jr.. Chairman
Copies of tim complete leXt ~s available al tho
Ollice of the Town Cfork and Planning Board
8:30-4;30.
North Andover Citizen: 12/25.90. lr2/91
(Residential 6 District) to allow, the foUowing
'uses: ' · r
-* 22. Townhouses
.and lo further amend Table 2 of the Zoning
Bylaw (ResidenlJaJ 6 DiStriCt) as tallows:
Cq [:)welling Mail
Density Maximum '[2/Acm. ; ,..
I Petition el John Redman and Others
,Copies el the complete text Is available at the
o ices oJ the Town Clar,k ~nd planning Board
,B.'30..4:30.
NorthAndover Ci~Jzen: 12/26/g0, lr'Z~31 .. ~ '
J~.;i':! ,TOW~., OF NORTH ANDO:VER .; : ..... Add Section 1G~14 to the North Andover Zoning .
l"; '" '~ ' ' ' DIVISION OF ' '" .' Bylaw so as to allow the Town manager to
r:' pLANNING&COMMUNITY DEVELOPMENT · appoint one (1) associate member lo
/ Decembe~ 19. 1990 - ' ' ,Planning Board. .
No:Joe is hereby gh, nn Ihal, the N~r~ Andover
',' Planning Board will Ilold a public hearing on
Thursday evening. January 10, 1991 at 8.00
- p.m.. ia the Town Hall, Selectmen's Meeting
· Room, pure,lent to Ihe previsions el M.G.L.
'~ Chaplet 40A, Section 5, lo amend the Zoning
'* Bylaw and Zoning Map as Iollows:
Petition of lbo NOtlh Andover planning Board,
George Poma. Jr., Chairman
Copies of the complete taxi is availab!e at
Office of the Town Clark and Planning Board
6;30-4:30.
North And~v~ Citizen: 12J26/g0. ~r~,t
r LEGAL NOTICE
TOWN OF NORTH ANOOVER
DIVISION OF
PLANNING & COMMUNITY DEVELOPMENT
December lg, 1990
Notice ia hereby given thai tho North Andove~
Planning Board will hold a public beedng on
Thursday evening, January 10, lgS1 al 8.00
p.m.. in the Town Hall, Seleclmen% Meeting
Room, pursuant to the ;~rovisions of M.G.L
Chaoler 40A, Section 5. to amend the Zoning
Bylaw by replacing Section 4. t35 Watershed
I Proleclion Oisldctwilh the following revisions:
~ New language was added regarding allowed
agricultural uses and home hes~Jng feel tanks;
and commercial kilchens on public sewer by
· Special ParmiL Language was cladlied in the
Non-Disturbance Zone regarding prohibiled
segtio systems, repak/replacement el existing
~ sapac systems whine no sewer is available,
~ additions ~o homes were also claril~ed for the
Non. Dislurbance Zone. Informational requne-
· meats Ior groundwal~ analysis were also dark
' Pelitlon o! the Conservalion Commission,
Board el Hoe)Ih and planning Board.
Copies al the complete leXt is available al the
Ollice of the Town Cle[k and Planning Board
8:30.4:30.
Noflh Andover Citizen: 12/26,~0, I/2/91
LEGAL NOTICE
T=w.-oP'~O~'m ANOOVE"
DIVISION OF
PLANNING & COMMUNITY DE1/ELOPMENT
December 10, 1990
Notice Is hereby given that the North Andover
Planning Board will hold e oublic bea[ing cn
Thursday evening, January 10. Iggt at 8:00
p.m.. In tho Town Hall, Seleclmen'e Meeting
Room, pursuanl 1o the provisions el M,G.L
Chapter 40A, Section 5, to emend the Zoning
Bylaw and Zoning Mae as follows:
Replacing the existing Section 8.1 Oil-St;eel
Parking with the Iollowing:
13. Village Commercial Dimensional
Requirements Parking
Objective: To produce parking which IS eeslhmi-
tally pleaslag, well screened, assessable and
broke r~ into smaller parcels that may directly
and adequately service adjacent structures.
Pelition of the Noah Andover Planning Board
George Poma, Jr., Chairman
Copies of the complete text is available at
Dittoes el Ihe Tuwn Clerk and Planning Board
8:30-4:30.
North Andaver Citizen: 12/26:99.1/2/91
LEGAL NOTICE
TOWN OF NORTH ANOOVER
DIVISION Of
PLANNING & COMMUNITY DEVELOPMENT
December 19. 1990
Notice is hereby gwnn thai Ihe North An<lover
Planning Bored will hold a public hearing on
Thursday evening. January tO, 199t al 8:00
p.m., In the Town Hall, Selectmen's Meeting
Room, pursuant to the D;ow$~ons el M.G.L.
Chaoler 4aA, Seclion 5. Io amend the Zoning
Bylaw and Zoning IV, ap as follows:
Amend 1'able 2. Summar}, el Dimensional
Regulations by ~nsettm0 new column entilled
~llago Commercial Oiler the colurr~ Bus. 4:
include Ihe following:
Lot Area 130,680 Sq FL (3 Acres)
Heighl (Maximum FI.) 40"( f 7)
Sheet FrorllagolMin in I'l.I 200 fl.
Front Setback {Mia in ft ) 50"'(I 1)(il
Side Setback (~,fin ;n ILl 25"'( I
Rear Setback (Mtn in Itl 25"'( 171
Floor Area Ration (Usx) N'A
Lot Coverage (Max) 25%*'
Dwelling Unil Densily (Max/Acre)
Open Space 25%"
* 40' Not la Exceed Two Stories
** Reler to Seclinn 8.1(13) and '.4(6)
Further add new foolnotes Io Table 2. i.e. as
required to delineate above changes.
Petition of the Nodh Andovor Planning Board,
Ceorge Poma, Jr., Chairman
Copies of the complete text is available al the
Olfice of the Town Clerk and Planning Board
0:30-4:30.
North Andovet Clean: 12/26/90. l~Jgl
At'TEST: -
A Tote Copy
To~u Clerk
Form 8 (revised 2/89)
Town: UORTH A!{DOV .~21,
Date TM Convened: JA~VJARY 29~ 1991
'ZONING~ARTICLES PROCEDURES
1. I hereby certify that the following persons were the members
of the Town Planning Board at the time the zoning articles being
acted ugon were considered:
George Perna, Jr., Chairma~
John Simons, Clerk
John Draper
Attest:
Joseph ~hnn.y
Richard Nardella
Town Clerk
Date:
2. For each zoning article, please state the date of the relevant
Planning Board hearing and the date of the tcwn meeting vote:
Article No(s).
Hearing Date
Date of TM Vote
1
'2, 3, 4, 5, & 6.
1/10/91
1/10/91 - 1/24/91 1/29/91
3. Did the Planning Board issue a written or oral report
containing its recommendations on the zoning articles to the town
meeting?
Yes x .. (if written, please attach report to Form 9)
No
4. Within the two years prior to the most recent town meeting,
did the town meeting take unfavorable action on any of the zoning
articles that the Attorney General is now being asked to review?
Yes
Article Nos.:
x
If yes, did the Planning Board recommend the adoption of those
articles to this most recent town meeting? Yes -ATT~: -
A Tree Copy
Town Clerk
Form 9 (revised 2/89) Town: !~ORTH A~'~DOV~{
Date TM Convened: JA_~_RY 29, lO91
ZONING PROCEDURES ATTACPIMENTS
One certified cody of each of the following documents is
s.~apled to this page (please check off):
the notice(s) of the public hearing(s) held by the
Planning Board (or other board) on the proposed zoning
changes, showing
(a)
(b)
(c)
both dates of publication;
the name of the newspaper of general circulation in
the town in which tile notice was published;
the article number to which each item in the notice
relates (this may be marked on the advertisement by
the clerk by hand).
~a certificate from the Planning Board (or other board)
that notice of its hearing was posted in a conspicuous
place in the town hall at least 14 days before the date
o~f the hearing;
certificate from the Planning Board (or other board)
that notice of its hearing was sent by mail, postage
prepaid, to: ....
he Department of Community Affairs;
~he regional planning agency;
/~he boards of all abutting cities and
planning
%------' towns;
(d) (if applicable) all nonresident property owners who
have filed an annual request with the town clerk in
accordance with local by-law or law,
the written report of the Planning Board (if any) and its
vote on each of the articles.
ATTEST:
?me
ro~ Clerk