HomeMy WebLinkAbout1989-05-04 Article 32. Zoning Bylaw Regulation Change - Definitions.
To see if ths Town will vote to amend and add to Section 2 of the
Zoning Bylaw entitled DEFINITIONS the following:
Section 2 Definitions
Amend the followin~ definitions:
2.22 Automobile Repair Shop
A building or part of a building in which r~pairs are
made to motor vehicles.
2.27 Building, Height
The vertical distance measured from the lowest point of
the finished grade at any location of the building to
the highest point of the roof, but shall not include
chimneys, spires or mechanical equipment, or penthouses
used for enclosures of mechanical equipment.
2.30.1
Driveway
A way located on a lot which provides vehicular access to
the buildings on the lot. Each driveway shall service
not more than one lot.
Subject to the granting of a Special Permit from the
Planning Board, a driveway may be shared by not more
that two (2) lots. Each such shared driveway must be
regulated by a recorded maintenance agreement running
in perpetuity with the land.
3.40
Home Occupation
Any accessory use conducted within a dwelling by a
resident who resides in the dwelling as his principal
address, which is clearly secondary to the use of the
building for living purposes. Home occupations shall
include, but not limited to the following uses; personal
services such as furnished by an artist or instructor,
but not occupation involved with motor vehicle repairs,
beauty parlors, animal kennels, or the conduct of retail
business, or the manufacturing of goods. Retail business
shall include the direct sales to the public on the
premises whether by appointment or otherwise.
2.43
Lot
An area of land in single or consolidated ownership
which contains definite boundaries and ascertainable
by a recorded deed in the Essex County Registry of
Deeds office.
2.52
No Cut Zone
An area which is left in its natural condition, which
shall not be disturbed by any means which includes but
not limited to the cutting of trees or understory.
CREATE
2.26.1
2.34.1
THE FOLLOWING DEFINITIONS:
Building Coverage
The horizontal area measured within the outside of the
exterior walls of the ground floor for all principal and
accessory buildings on a lot.
Dwelling, Multiple
2.38.3
Floor Area Ratio
The ratio of the floor area to the lot area, as
determined by dividing the gross floor area by
the lot area.
2.61
Principal Structure.
The structure on a lot of record which contains the
primary use of the lot. A principal use shall not
be contained within an accessory structure as
defined in this Bylaw.
Planning Board
Voted to adopt article YES 161 NO 21 AS ~U.~,~NDED The amendment being
Paragraph 2.40 HOME OCUPATION LINE o after the word ~oods change period
to co~s and add the following which ~pacts the residential aature of the
neighborhood.
Voted May ~, 1989
A~T:
~k'N CL~K~
Article 33. Zoning Bylaw Regulation Change - Exceptions.
To see if the Town will vote to amend Section 7.8(3) and add a
new Section 7.8(4) in the Zoning Bylaw.
7.8 Exceptions
Amend the following:
7.8(3)
As described in M.G.L. Ch. 40A, no amendment to
this Zoning Bylaw shall apply to land shown on an
approved definitive subdivision plan as defined by
the Subdivision Control Law,. for the length of time
described in M.G.L. Ch. 40A.
Add the following:
7.8(4)
As described in M.G.L. Ch. 40A, no amendment to
this Zoning Bylaw shall affect the use of land shown
on an endorsed Approval Not Required Plan, as defined
by the Subdivision Control Law, for the length of time
described in M.G.L. Ch. 40A.
Explanation: Remove awkward language contained in Section 7.8(3)
to be consistent with State Law. Create a new Section 7.8(4) to
provide a clarification of the Zoning Bylaw consistent with State
Law.
Planning Board
VOTFD TO ADOPT THE ARTICLE
YES 179
No
Voted May ~, 1989
Article 35. Accept State Law Changes Relating to
Subdivision Default Funds. To see if the Town will vote to
accept the provisions of Chapter 245 of the Acts of 1988, or take
any action relative thereto.
The text of the law cited above is as follows:
Section 81U of Chapter 41 of the General Law is hereby amended by
striking out the penultimate paragraph, inserted by Chapter 236
of the Acts of 1987 and inserting in place thereof the following
paragraph:
"In any town which accepts the provisions of this paragraph, the
proceeds of any such bond or deposit shall be made available to
the town for expenditure to meet the cost and expenses of the
municipality in completing the work as specified in the approved
plan. If such proceeds do not exceed one hundred thousand
dollars, the expenditure may be made without specific
appropriation under Section 53 of Chapter 44; provided, however,
that such expenditure is approved by the Board of Selectmen."
Explanation: This law allows the Planning Board to spend sub-
division performance bond money up to the amount of $100,000,
without appropriation, from a developer who has defaulted on
his/her requirement to build roadway and other improvements
called for in the approved subdivision approval provided the
Board of Selectmen approve the transfer of money to be placed in
a Town account to finish the required work.
Planning Board
VOTED UNANIMOUS TO ADOPT THE ARTICLE.
Voted May 2, 1989
ATTEST:
TOWN CLERK
Article 38. Zoning Bylaw Regulation and Boundary Change -
Brook Street. To see if the Town will vote to amend the zoning
By~_a~s and the Zoning Map to change the zoning on the hereinafter
described parcel from VC and VR to VC. The land together with
the buildings thereon are located in North Andover and more
particularly bounded and described as follows:
Farnum Land
Legal Description of VC Zone
ChanGe South of Brook Street on Route 114
Beginning at a point on the Southeasterly side of Brook Street at
the intersection with the Northeasterly side of the Salem
Turnpike, so called,
thence turning and running along the Northeasterly side of said
Turnpike Street, 1807.62 feet to a point;
thence turning and running northerly and then more easterly in 4
courses along a stone wall by land of Harold A. Whipple 883',
3', more or less to the centerline of Towne Street,
thence turning and running along said centerline of Towne Street
300 feet more or less to a point;
thence turning and running Northwesterly on a line Which is 1000'
and parallel to the centerline of said Turnpike Street, 440 feet
more or less to a point;
thence turning and running N44 degrees - 58' - 47W, 877.84 feet
to a point;
thence turning and running N42 degrees - 45' - 17"W, 362.59 feet
to a point;
thence turning and running N39 degrees - 20' - 20"W, 308.32 feet
to a point;
the last 3 courses being 1000 feet from and parallel to the
centerline of said Turnpike Street;
thence turning and running S50 degrees - 39' - 40"W,
a point;
15 feet, to
thence turning and running N39 degrees - 51' - 17"W, 20.65 feet
to a point on the Southeasterly side of Brook Street;
thence turning and running in § courses by said side of Brook
Street, 946.89 to said sideline of Turnpike Street and the point
of the beginning.
The land as described is more particularly shown on a plan
entitled, "Plan of Land in North Andover, MA, subdivided by
Benjamin G. Farnum, Scale 1" = 100', dated May 1, 1987, prepared
by Thomas E. Neve Associates, Topsfield, MA, being Lots #1
through Lots #14 and a portion of Lot #15.
Planning Board
VOTED TO ADOPT THE AR, TICLE
Voted M~ 8, 1989
YES 15h NO 3~
ATTEST:
Article 39. Zoning Bylaw Regulation and Boundary Change-
Route 114 of Brook Street. To see if the Town will vote to amend
the Zoning Bylaws and the Zoning Map to change the zoning on'the
hereinafter described parcel from VC and VR to VC. The land
together with the buildings thereon are located in North Andover
and more particularly bounded and described as follows:
Beginning at a point on the Northeasterly side of Salem Turnpike
and on the Northwesterly side of Brook Street; thence turning and
running N 39 degrees - 20' - 20"W along the Northeasterly side of
Salem Turnpike, 391.51 feet to a point;
thence turning and running N 43 degrees - 24' - 42" W along said
turnpike, 226.67 feet to a'point; thence turning and running N 46
degrees - 35' - 18" E along land of Boston Hill Ski Area, Inc.,
400.00 feet to a point; thence turning and running N 43 degrees-
24' - 42" W along said ski area land to a point, thence turning
and running N 75 degrees'- 50' - 44 E by land of Fink 290.08' to
a point, thence turning and running N 18 - 16' - 31E by land of
Fink, 450.00 feet to the corner of a stone wall, thence turning
and running in a Southeasterly direction in one course through
land of Farnum, 950 feet, more or less, to a stone wall on Brook
Street, thence turning and running along the Northwesterly.
sideline of Brook Street, 974.89 feet to the point of beginning.
The Land being described is shown on,'in Part on a Plan entitled
"Plan of Land in North Andover, Mass., subdivided by Benjamin G.
Farnum," Scale 1" = 80', dated May 1, 1987, prepared by Thomas E.
Neve Associates, Inc., Topsfield, MA.
Planning Board
VOTED TO ADOPT THE ARTICLE YES 161
Voted May 8, 1989
NO 21
ATTEST:
Article 40. Zoning Bylaw Regulation and Boundary Change.
To see if the Town will vote to amend Table 2 Summary of
Dimensional Regulations by inserting a new column entitled
Village Commercial after the column entitled Bus. 4; and include
the following criteria under the Vill Comm. column:
VC
Lot Area (minimum sq. ft.)
Height maximum (ft.)
Street frontage (minimum in ft.)
Front setback (minimum in ft.)
Side setback (minimum in ft.)
Rear setback (minimum in ft.)
Floor area ratio (maximum)
Lot coverage (maximum)
Dwelling Unit Density (maximum/acre)
50,000 sq. ft.
40 ft. or two stories
200 ft.
25
25 (2)
50 (2)
N/A
25%
N/A
Further, add new footnotes to Table 2, i.e. as required
delineate above changes.
Explanation: The purpose is to' amend the existing
Commercial District standards.
Planning Board
to
Village
VOTED TO ADOPT THE ARTICLE AS AMENDED YES 126 NO ~Amendment as follows
Under col~mn VC Second line. Change.
Height maximum (ft.) L0 ft. or two stories to read
Height maximum (ft.) Two stories not to exceed 40. ft.
Voted May 8, 1989
Article 41. Zoning Bylaw Regulation and Boundary Change-
Farn, m Street and Brook Street. 'To see if the Town will vote to
amend the Zoning Bylaws and the Zoning Map to change the zoning
on the hereinafter described parcel from VC and VR to R-3. The
land together with the buildings thereon are located in North
Andover and more particularly bounded and described as follows:
Beginning at a point on the Northwesterly side of Brook Street on
the Southwesterly side of Farnum Street at the intersection of
two stone walls;
thence turning and running S53 degrees,
Northwesterly side of Brook STreet along
· feet to a point;
36'- 14"W along the
a stone wall, 264.98
thence turning and running S54 degrees, 20'- 39"W, along said
side of Brook Street, 292.47 feet to a point, thence turning and
running S54 degrees, 09'- 28"W, along said side of Brook Street,.
67.55 feet to a point, thence turning and running in a
northwesterly direction in one course 950 feet more or less to a
corner in a stone wall, thence turning and running along a stone
wall by land of Thompson, in four courses, 640,98 feet to Farnum
Street, thence turning and running along the Southwesterly side
of Farnum Street, along a stone wall, in five courses, 862.10
feet to the point of the beginning.
The land being described is shown on, in Part on a Plan entitled
"Plan of Land in North Andover, Mass., subdivided by Benjamin G.
Farnum", Scale 1"=80', dated May 1, 1987, prepared by Thomas E.
Neve Associates, Inc., Topsfield, MA.
Planning Board
VOTED UNANIMOUS TO ADOPT THE ARTICLE.
Voted May 8, 1989
ATTEST:
TOWN CLERK
Article 44. Zoning Bylaw District Boundary Change: Route
114/125. To see if the Town will vote to rezone 'land on
Assessors Plat #25, and'amend the Zoning Map to change the zoning
on the hereinafter described parcel from R-3 and I-1 to R-6. The
land together with the building thereon are located in North
Andover and more particularly described as follows:
Beginning at the point in the southerly line of Salem Turnpike,
also known as Turnpike Street, also known as Route 114, that
point being the intersection-with Salem Turnpike of the common
boundary line of land, now or formerly, of Louis J.~Kmiec, Jr.,
as further described in the North Essex Registry of Deeds, Book
1082, Page 25, and the land now formerly of Leonard J. Annaloro
as described in the North Essex Registry of Deeds, Book 1232,
Page 150: and thence running from said Point by the southerly
line of Salem Turnpike in the northwesterly direction, 1,062.77
feet, thence turning and running southwesterly by the easterly
line of Hillside Road, 913.19 feet: thence turning and running
southerly by the easterly of the Andover By-Pass also known as
Route 125, a distance of 1.275.02 feet: thence turning easterly
by the southerly most line of property now of fo£merly of Stephen
J. Bilicki, et ux, as described in the North Essex Registry of~
Deeds, Book 1012, page 438, said line being in common with land,
now or formerly, of the Bud Realty Trust, a distance of 662.07
feet: thence turning and running by the easterly boundary lines
of said Bilicki land together with land now or formerly of Morton
Margolis, described in the North Essex Registry of Deeds, Book
1849, Page 73, a distance of 549.78 feet, and continuing still
further along the same course, approximately 20 feet to the
center line of the discontinued and abandoned way known as Willow
Street: thence turning and running in several courses easterly by
the center line of the said Willow Street to a point
approximately twenty feet southerly of the easterly most corner
of the land now or formerly of Leonard J. Annaloro, North Essex
Registry of Deeds, Book 1232, Page 150: thence turning and
running northerly approximately 20 feet to the said corner of
Annaloro and continuing by the lot line of said Annaloro that
line held in common with the land now or formerly of Louis J.
'Kmiec, Jr., 422.4 feet to the point of the beginning.
The above parcel i~ also shown on the North Andover Assessor's
Plat #25, as parcels numbered 4,5,6,7,8,9,10,20,23,24,25,26,
34,37,40,41,43,44,50,53 and 54.
Also included in this rezoning is that portion of the
discontinued and abandoned way known as Willow Street as lies
between the Andover By-pass and the Willow Street extension and
shown on the said assessor's Plat, that portion of the way lying
between the properties now or formerly of Stamp, Mscisz, and
Towle, Redman, Margolis, Annaloro and Bud Realty Trust.
The purpose and intent of references to the assessor's plat being
to cure any minor discrepancies as may exist with the legal
description above stated, and intending to rezone all of the
parcels as shown and described with reference to the assessor's
Plats.
Further included in this rezoning are those portions of Salem
Turnpike, Hillside Road and the Andover By-pass upon which the
property fronts to the center line of said streets.
Planning Board
VOTED UNANIMOUS T0 ADOPT THE ARTICLE
Voted May 8, 1989
ATTFST:
CLERK
Article 43. Zoning Change. Residence 6 District. To see
if the Town will vote to amend the Zoning Bylaws so as to create
a new Residential District, R-6, and amend the Summary
Dimensional Table as follows:
Residence 6 District.
(1) Single Family residential structuras.
(2) Two family residential structures.
(3) Multi family residential structures, not exceeding 7 dwelling
units per structure.
(4) Place of worship.
(5) Renting rooms for dwelling purposes or furnishing table board
to not more than four persons not members of the family
resident in a dwelling so used, provided there be no
advertising on such dwelling or its lot other than a
name plate or sign not to exceed six (6) inches by twenty
four (24) inches in size, and further provided that no
dwelling shall be erected or altered primarily for such
USe.
(6) For the use cf a dwelling in any residential district or
multi-family district for a home occupation, the following
conditions shall apply:
a. Not more than three (3) people may be employed in
the home occupation, one of whom shall be owner
of the home occupation and residing in said dwelling.
b. The use is carried on strictly within the principal
building.
c. There shall be no exterior alterations, accessory
building, or display which are not customary with
residential buildings.
(7)
(8)
(9)
Not more than twenty-five (25) percent of the
existing gross floor area of the dwelling unit so
used, not to exceed one thousand (1000) square
feet, is devotsd to such use. In connection with
such use, there is to be kept no stock in trade,
commodities, or products which occupy space beyond
these limits.
e. There will be no display of goods or wares visible
from the street.
fo
The building or premises occupied shall not be
rendered objectionable or detrimental to the
residential character of the neighborhood due to
the exterior appearance, emissions of odor, gas,
smoke, dust, noise, disturbances, or in any way
become objectionable or detrimental to any residential
use within the neighborhood.
g. Any such building shall include no feature of design
not customary in buildings for residential use.
Real estate signs not to exceed twenty four (24) inches
by thirty six (36) inches in size which shall advertise
only the rental, lease, or sale of the premises upon
which they are placed.
a. Farming of field crops and row crops, truck gardens,
orchards, plant nurseries, and greenhouses.
b. On any lot of at least three (3) acres, the keeping
of a total of not more than three (3) of any kind
or assortment of animals or birds in addition to the
household pets of a family living on such lot, and
for each additional acre of lot size to nine (9)
acres, the keeping of one additional animal or
birds; but not the keeping of any animals, birds,
or pets of persons not a resident of such lot.
c. On any lot of at least ten (10) acres the keeping
of any number of animals or birds regardless of
ownership and the operation of equestrian riding
academies, stables, stud farms, dairy farms, and
poultry batteries.
d. The sale of products raised as a result of the above
uses on the subject land.
Swimming pools in excess of two (2) feet deep shall be
considered a structure and permitted provided they are
enclosed by a suitable wall or fence at least four (4)
feet in height to be determined by the Building
Inspector to prevent the entrance of persons other than
those residing at the pools location. Pools shall have
a minimum of a ten (10) foot set back from rear and side
lot lines and be located no nearer theJstreet than the
building line of the dwelling, except by Special Permit.
(10) Museums.
(11) Educational facilities.
(12) Municipal building and public service corporation use
(Special Permit required).
(13) Golf course.
(14) Swimming and/or tennis clubs shall be permitted with
Special Permit.
(15) Cemetery.
(16) One or two family dwellings, including the right to
convert an existing dwelling to accommodate not more than
seven family units by Special Permit from the Zoning
Board of Appeals after a public hearing with due notice
given, provided:
No major exterior structural changes shall be made.
The right to convert shall apply to any dwelling
un~er the ownership of one single person, partner-
sh~p, or corporation to be converted for use as
dwelling of not more than seven (7) family units,
and meeting all requirements of the State and
Town Statutes and Bylaws, including Health Codes,
Safety Codes, Building Codes, Zoning Laws and
Zoning Bylaws.
b. Stairways leading to the second or any higher floor
shall be enclosed.
(17) Municipal recreation areas.
(18) Guest or rooming houses.
(19) Nursing and convalescent homes - see dimensional require-
ments of Table 2 (Special Permit Required).
(20) Any accessory buildings larger than ~ixty-four (64)
square feet shall have a minimum five (5) foot setback
from the side and rear lot lines and shall be located no
nearer to the street than the building line of the
dwelling.
(21) Day care center by Special Permit.
The following Commercial Business to be allowed only by Special
Permit, the pez~LLit granting authority shall be the Planning
Board.
(1) Retail stores, salerooms, funeral parlors, showrooms or
places for any professional artistic'or mercantile activity,
not involving automotive sales, manufacturing or service
also retail bakeries or confectioneries by Special Permit.
(2) Banks, 'offices and municipal, civic or public service
buildings, such as post offices, telephone exchanges,
town offices, school library, local passenger station
by Special Permit.
(4) R s~$%~t~, dining room or lunch room by Special Permit.
(5) Any accessory use customarily incident to any of the
above permitted uses, provided that such accessory use
shall not be injurious, noxious, or offensive to the
neighborhood by Special Permit.
SUMMARY OF DIMENSIONAL REQUIREMENTS
(Supplement of Res. 6 district)
Lot-Area
Min. S.F. --- 130,680 (3 acres)
Height Max. --- 35 feet
St. Front
Min. Ft. --- 150' (13)
Front
Setback --- 25 feet
Side
Setback -- 15 feet
Rear
Setback --- 30 feet
Floor area
ratio-Max. --- 0.25:1 (15)
Lot cover.
Max. --- 20%
Dwelling
Unit Density
Max/Acre. --- 9/acre (12)
Planning Board
VOTED UNANIMOUS TO ADOPT AS ~DED. Amendment being.
Last paragraph beginning with The followingCommercial Buslnees etc.
Item (3) Delete in its entirety
Item (~) Delete the word Restaurant ~nd begin the sentence with Dining~
Voted May 8, 1989
ATTEST:
1
� �� � �� �r Q•2
i
V' Al % s
\
2 i
A,RM
�\ 1
+
� { OREA'Rq 1
w` 'Rq'Ar D1:1 5
Fq r qcr A�rARr
2-2 Izes4ceNCe I 016w, ICT
R -S R& t0GtxC- S CASTWCT
3-2 BUSINESS 2 0151"!2IC`Y Q
;3-3 a1siNass 3 04STIZICr �'lY
R3-4 3USI Eeug A OIGMCr
I.1 INOUSTIRtAL I OISTRICi'
I.2 IN'C>JS;MtAL 2 01S1`g1C`Y
I -S dt.sTi Att+ S �tYICi
I.3 INDUSTZAL 3 DISTRICT ft
+! M Rl A I N 01$T R i c r �-- Eava Tr ase�w cs rte s r� s
VR VILLA61E RE51PENTIAL 915TRICT
VC VILL&6E COMMERCIAL_ DISTRICT
ZONING MAP
® eaAa F,,r
O CD
S/ s r
,
O�
1
- O
i Q
sr' �
It'ATE RSH AT40.a+µE0
�',� �• � � __/ � .. USP ��\ �•\;
6a tF LA
\ R -I
J
t
y
U
* AT40.5 MED
1 -ET
-
T
RDA°
-i
STATE FOREST
:-Y
-�W �•� �r� r� / �/ V�. ���''/ Dt r / �-�! \`�, �-3 ,lsY, e�� '° of
R-2 --
•3 \
�� E�•!( ei• 1 / (y�
-----------
I
------•
Pia -
mp
ED CMY Ec'_ Ertr��
ti �+ `�'�'�s _A• o �' R-3` i� ' R 3 \\ moo? r �f
1 / -S ► � � 0 1 a \. .• 1. G9 > `\ �
P
Q > R•�d it s i ``' A
MAV 112. 1072
lz"Seo TO 198
iZ�Ft=R �O ffaSCR:i1T1oN3 CW Ff+� x+ Tn'& c*r<o bi -mv
. To,,tN Ci.Satc Ma yPSCtr1C >tA*SS40t4# OPG _0t$ 3'r3rxf'T2rCti3
ATTEST-
A True Copy
CA '�Y
Town Clerk
i
R• L
CIL Ek
03 Cc)
I �
.;t 1
- == R-1
5MAt"NER5 POND •��IRESEtVAT,oN
SNARPAERf P—D
PoNO
SrATE FCREST
a
.�
/
6
r CZ•'Z
^
FOREST JD
tom. o
0
o°
ti0
�0
\r
vc—
�� fit. %6 {. • VR a'J
5TATE
•qr[i ��Y�•? FOREST VR
I -t vR
Z•t J1
I a••� U
LjE�
R-12
a 00 CD ';�Y Ek t2.
1
vR ,
vR ► / VR
Q•2 HAROL ��DA2VCER r'
V
SERRr P-0
/� 11
f� I/
n
Gr+A�EsG.NJ>�CT:M
ssz c�sT >�n