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HomeMy WebLinkAbout1983-04-23THE COMMONWEALTH Of MASSAC~,~TS DEPARTMENT OF THE ATTORNEY ONmm' A,HI{Imi~TON PI..A,t{:. May 24, 1983 Daniel Long, Town Clerk Office of Town Clerk Town Building North Andover, Massachusetts 01845 Dear Mr. Long: I enclose the amendments to zoning by-laws adopted under Articles 77, 78, 79, 80, 81, 82, 83, 85, 86, 87, 88, 89, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 107, 109 and 110 of the warrant for the North Andover Annual Town Meeting held April 23, 1983, with the approval of the Attorney General endorsed thereon and on the zoning and floodway maps pertaining to Articles 107, 109 and 110. ly yours, Assisant Attorney General enclosure HFO/ehm ~B May 24, 1983 Boston, Massachusetts The foregoing amendments to the zoning by-laws adopted under Articles 77, 78, 79, 80, 81, 82, 83, 85, 86, 87, 88, 89, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100,101, 102, 103, 107, 109 and 110 of the warrant for the North Andover Annual Town Meeting held April 23, 1983 hereby approved. May 24, 1983 Boston, Massachusetts The within zoning and floodway maps pertaining to Articles 107, 109 and 110 of the warrant for the North Andover Annual Town Meeting held April 23, 19 TOWN OF NORTH ^NDOVER DANIEL LONG, Town Clerk ELECTION DEPARTMEN~ The Honoable Francis X Bellotti Attorney General of Massachusetts 0neAshburton Place Boston, Mass. 02108 RECEIVED MAY 1 3 1983 De~rtmen~ ot Attorney General TOWN BUILDFi~G Nom~ A~ovim, MAss. 01845 MaY 9, 1983 Dear Attorney General~ At our Annual Town Meeting held iht he Veteran!s Auditorium of our NorthAndoverMiddle School A~ril 23 and 25 1983 the following zon~g ar~cles was voted upon and are hereby submitted for your approval. Article 77: To see if the Town will vote to amend the Zoning By Law by adding to Section 4, Par. 4.1 a new subsection: Accessory Uses, as defined herein, shall be on the same lot with the building of the owner or occupant, and shall be such as not to alter the character of the-premises on which they are located nor impair the neighborhood. Where manufacturing of any kind is allowed as an accessory use, it shall be restricted to such light manufacturing as is incidental to a permitted use and where the product is customarily sold on the premises by the producer to the consumer. Petition of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to Adopt t~e Article. x- icle 78: To see if the Town will vote to amend the Zoning By-Law by adding to Section 4 Par. 4.1 a new subsection: No Private way giving access to a building or use not permitted in a residential district shall be laid out or constructed so as to pass through a residential district. Petition of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to Adopt ~he Article. · · '~ ZONING ~Y-LAW PAGE 7 As%ic]e 110: TO see if the Town will vote to amend the Zoning By-Law by creating a new section to read as follows: 4.135 Flood Plain District 1) Purpose The purposes of the Flood Plain District are to protect the public health, safety,and general welfare, to protect human life and property from the hazards of periodic flooding, to preserve the natural flood control characteristics, and the flood storage capacity of the flood plain, and to preserve and maintain the ground water table and water recharge areas within the flood plain. 2) District Delineation The general boundaries of the Flood Plain District are shown on the North Andover Flood Insurance Rate Map (FIRM), dated June 15, 1983, as Zones A, A 1-30 to indicate the 100 year flood plain. The exact boundaries of the District are defined by the 100 year water surface elevations shown on the FIRM and further defined by the Flood Profiles contained in the Flood Insurance Study, dated December 15, 1982. The floodway boundaries are delineated on the North Andover Flood Boundary Floodway Map (FBFM), dated June 15, 1983, and further defined by the Floodway Data Tables contained in the Flood Insurance Study. These two maps as well as the accompanying Study are incorporated herein by reference and are on file with the Planning Board, Building Inspector and Conservation Commission. Within Zone A, where the 1200 year flood elevation is not provided on fhe FIRM, the developer/applicant shall obtain any existing flood ·elevation data, and it shall be reviewed by the Planning Board. If the data is sufficiently detailed and accurate, it shall be relied upon to require compliance with this by-law and the State Building Code. 3) Use Regulations The Flood Plain District is established as an overlay district to all other districts. All development, including structural and non-structural activites, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the requirements of the Massachusetts State Building Code pertaining to construction in the flood plains (currently Section 744.) Permitted Uses The following uses of low flood damage potentia1 and causing no obstructions ~to flood -flows shall be allowed provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment: 1) Agricultural uses such as farming, grazing, truck farming, horticulture, etc. 2) Forestry and nursery uses. 3) etc. Outdoor recreational uses, including fishing, boating, play areas 4) Conservation of~water, plants, wildlife. 5) Wildlife management areas, foot, bicycle, and/or horse paths. 6) Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises. 7) Buildings lawfully existing prior to the adoption of these provisions. B. Special Permits No structure or building shall be erected, constructed, substantially improved, or otherwise created or moved; no earth or other ;materials dumped, filled, excavated, or transferred, unless a special permit is granted by the Planning Board. Said Board may issue a special permit herunder (subject to other applicable provisions of this bylaw) if the application is compliant with the following provisions: 1) The proposed use shall comply in all respects with the provisions of the underlying District, and 2) Within 10 days of receipt of the application, the Board Shall transmit one copy of the development plan to the Conservation Commission, Planning Board, Board of Health, Board of Public 'Works, Building Inspector and Highway Surveyor. Final action shall not be taken until reports have been received from the above Boards or until 35 days have elapsed, and 3) Ail encroachments, including fill, new construction, substantial improvements to existing structures, and other development are prohibited unless certification bya' registered professional engineer is provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the 100 year flood, and 4) The ~oard-may specify such ~additional -requirements and conditions it finds necessary to protect the health, safety and welfare of the public and the occupants of the proposed use.. ' Petition of the Planning Board Under the aforesaid Article it was VOTED L%IANIMOUS to Adopt the Article as amended. ~ to ARTICLE 110 4.134 FLOOD PLAIN DISTRICT ~ ~'. Flood Plain District_~_~ _ The Flood Plain District is herein established as am overlay district. The underlying permitted uses are allowed provided that they meet the Massachusetts State Building Code dealing with construction in flo6dplains and the following additional requirements. The Flood Plain District includes all special flood hazard areas designated as Zone A, A1-3~ on the North Andover Flood Insurance Rate Maps, (FIRM), and the Flood Boundary and Floodway Maps, dated June 15, 1983, on file with the Town Clerk, Planning Board, Conservation Commission, and Building InspectOr. These maps as well as the accompanying North Andover Flood Insurance Study are incorporated herein by refeienCe.- II. Development Regulations A. Within Zone A of the Flood Plain District, where base flood elevation is not provided on the FIRM, the applicant shall obtain an] existing base flood elevation data and it shall be reviewed by the Building Inspector for its reasonable utilization toward meeting the elevation or floodproofing requirements, as appropriate, of the State Building Code. B. In the floodway,.designated on the Flood Boundary and Floodway Map, the following provisions shall apply: Ail encroachments, including fill, new construction, sub- stantial improvements to existing structures, and other development are prohibited unless certification by a registered professional engineer or architect is provided by the applicant demonstrating that such encroachments shall not result in any increase in flood levels during the occurence of the 100 - year flood. 2. Any encroachment meeting the above standard shall comply with the floodplain requirements of the State Building Code. ZONING. BY-LAW PAGE 2 Article 79: TO see if the Town will vote to amend the Zoning By Law by deleting Section 7. Par. 7.4 and inserting the following in place thereof: 7~_Heights ' Maximum heights of buildings and structures shall be as set forth in Table 2. The foregoing limitations of height in feet in the designated zoning districts shall not apply to: 1. Farm buildings on farms of not less than ten (10) acres, 2. nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, processing towers, and other accessory structural features usually erected at a height greater than the main roofs of any building, 3. nor to domes, bell towers, or spires of churches or other buildings, provided all features are in no way used for living purposes, 4. and further provided that non-manufacturing building shall feet from the ground, no such structural feature of any exceed a height of sixty-five (65) 5. nor of a manufacturing building a height of eighty five (85) feet from the ground, except by a variance granted, by the Board of Appeals acting under G.L. Chapter 40A. Petition of Planning Board and Selectmen VOTEDD UNANIMOUS TO ADOPT as amended by deleleting in the last sentence the following "except by a variance granted by the Board of Appeals acting under G.L. Chapter 4OA. Article 80: To see if the Town will vote to amend the Zoning By-Law by deleting from Section 2.50 the figure "112.41" and inserting the figure "113.67" in place thereof. Petition of the Planning Board VOTED UNANIMOUS to .~0Pt the Article Arti0le 81: To see if the Town will vote to amend the Zoning By-Law by deleting Section 4.122 (1) and inserting the following: Section 4.122 (1) One residential building per lot. Petition of the Planning Board Under the aforesaid Article it was VOTED UNA~Ki~0US to Adopt the Article APtlO]8 82: To see if the Town will vote to amend the Zoning By-Law by deleting from Section 4. 122 (14) the word "duplex" and inserting the word "one" in place thereof. PetiYion of the Planning Board under thaforesaidArticle it was VOTED UNANIMOUStgAdopttheArt~le _ -~lOl8 83: TO see if the Town will vote to amend the Zoning By-Law by deleting Section 4.122 (14) a) and changing Section 4.122 (14) b) to Section 4.122 (14) a) and changing Section 4.122 (14) c) to Section 4.122 (14) b). Petition of the Planning Board Under the aforesaid Articl~ it was VOTED ON~'~OuS ~ AdoP{ the Article Z~ ~ hAW PA~E 3 .~1~1018 85: To see if the Town will vote to amend the Zoning By-Law by deleting from Section 8, Par. 8.1 1) under Use, the following words "Three or more family residence (including apa--~megts) "and inserting the words "Multi-family residence" in place thereof. Petition of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to Adopt the Article ~kl~610]8 55: To see if the Town will vote to amend the zoning By-Law by deleting Section 13, Par. 13.2 No. 7 and inserting the following in place thereof: "Parking requirements are subject to Section 8 of the Zoning By Law" . Petition of the Planning Board Under the aforesaid Article it was VO'2ED ~LA~eS re Adop~ vJae Article .A_i~C18 8~: TO see if the Town will vote to amend the Zoning By-Law by inserting the following in Section 8, Par. 8.1 1) following the word "expanded" - "or if a change in use occurs." petition of the Planning Board 9nder ~ne aforesaid Artlole 1~ was ~G-'~ u~A~,L.~,~ ~o Adopt ~e Ar~mcle xa~l~18 88: TO see if the Town will vote to amend the Zoning By-Law by deleting from Section 4.127 (3) the word "Limited" and inserting the word "Accessory" in place thereof. Petition of the Planning Board unGer ~ne aforesaid ArC, cie ~ was ~G-'~ ~,~.~..~ ~o Adop~ ~ne Ar%~cle ~k1~5i018 8~: To see if the Town will vote to amend the Zoning By-Law by adding to Table 2, Summary of Dimensional Requirements Footnote "3" under Bus. 4 opposite Side setback minimum (ft.) and rear setback min. (ft.). Petition of the Planning Board vnder ~ne aforesazd Ar%Zele z~ was ,v,'.:,, v.~.~.~ ~o Adop~ lzue Armze£e r 101e 91: To see if the Town will vote to amend the Zoning By Law to deleting Section 4.2 Accessory Uses and Section 4.3, Access to Buildings. Petition of the Planning Board 9rider ~ne aforesamd Ar%mole xt was VOTED UNANIMOUS ~o Adop~ ~ne Ar~mcle as amended after the words By Law delete the w6rd to and insert the word by · ZONUNG BY-LAW PAGE 4 Al~ticl8 92: To see if the Town will vote to amend the Zoning By-LaW by adding the following words to Section 4.121 (7) - "and nO closer to a side or rear lot line than ten (10) feet." Petition of the Planning Board A_r~iO18 93: To see if.the Town will vote to amend the Zoning By-Law by adding the following words to Section 4.122 (7) - "and no closer to side or rear lot line than ten (10) feet." Petition of the Planning Board _~iC18 94~ To see if the Town will vote to amend the Zoning By-Law by adding the following words to Section 4.123 (7) - "and no closed to a side or rear lot line than ten (10) feet." Petition of the Planning Board Under the aforesaid Articles it was VOTED UNANIMOUS to Adopt the Articles as amended. ARTICLE 92-93-94 by deleting section 4.121 {7;, 4.125 {~;, and 4.123 (7) and inserting in its entirety the folowing "Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted'~rovid~d they are ehclosed by a suitable wall or fence at least four (4) feet in height to be determine~ by the Building Inspector to prevent the entrance of persons Other than'those residing at the pool location. Pools shall have a minimum ten (10) foot setback from side and rear lot lines and be Y0cated no nearer the street than the building line of ~ dwelling, except by Special Permit." Al~tiol8 9~: To see if the Town will vote to amend the zoning By-Law by adding the following words to ~Section 8, Par. 8.1 opposite Retail Store and Service Establishments - "and General Business. EstabliShments located within 350 feet of a municipal parking lot shall have 50 percent of the required number of parking spaces." Petition of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to Adopt the Article x~ll~C18 9~: TO see if the Town will vote to amend the Zoning By-Law by adding the following to Section 6, Par. 6.5 (1) following the words professional office - "home occupation," Petition of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to Adopt the Article AI~C18 ~: To see if the Town will vote to amend the Zoning By-Law by adding the following to Section 6, Par. 6.5 (1) .g - "Accessory, professional, home occupation', and other permitted uses are subject to Section 6, Par. 6.5 (1) a. Petition of the Planning Board Under the aforesaid Artiele it was VOTEDUNANIMOUStoAdopttheArti~le ZONING BY-LAW PAGE 5 .~-I~iO]~ 98: TO see if the Town will vote to amend the Zoning By-Law by adding to Section 4.121 a new paragraph to read as follows: Accessory buildings shall be no larger than 64 square feet and shall be located no nearer the street than the front building line of the dwelling with a minimum 5 foot setback. Petition of the Planning Board Article 99: To see if the Town will vote to amend the Zoning By-Law by addin9 to Section 4.122 a new paragraph to read as follows: Accessory buildings shall be no larger than 64 square feet '~ and shall be located no nearer the street than the front building line of the dwelling with a minimum 5 foot setback. Petition of the Planning Board Al~Ol8 100: To see if the Town will vote to amend the Zoning By-Law by adding to Section 4.123 a new paragraph to read as follows: Accessory buildings shall be no larger than 64 square feet and shall be located no nearer the street than the front building line of the dwelling with a minimum 5 foot setback. Petition of the Planning Board Under the aforesaid Articles it was VOTED to Adopt the Articles as amended :~ARTICLE 98 VOTED YES 147 NO 66 ARTICLE 99 VOTED YES 173 NO 15 ARTICLE 100 VSTED UNANIMOUS Amendment to Articles 98,99 & 100 "Accessory buildings no larger than 64 square feet shall h~ve a minimum five (5) foot setback from side and rear lot lines and shall be located no neare~ the street than ~e building line of the dwelling"'. Article 101: To see if the Town will vote to amend the Zoning By-Law Section 4.127 (3) by deleting the word "five" and inserting the word "ten"-in place thereof. Petition of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to ~topt the Article Article 102: TO see if the Town will vote to amend the Zoning By-Law Section 4.129 (3) by deletin9 the word "five" and inserting the word "ten" in place thereof. Petition of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to Adopt the Article Article 103: TO see if the Town will vote to amend the Zoning By-Law Section 4.130 (3) by deleting the word "five" and inserting the word "ten" thereof. PetitiOn of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to Adopt the Article ZONING BY-LAW PAGE 6 Article 10T: To see if the Town will vote to amend the zoning by-laws and zoning map by changing from Residence 4 (R-4) to Business 4 (B-4) the following described parcel of land: Beginning at a point at the NORTHWESTERLY most corner of the premises, said point being the SOUTHWESTERLY most corner of the premises now or formerly of Delta & Delta Realty Trust: and thence turning and runningin a NORTHEASTERLY direction by said Delta & Delta Realty Trust land for a distance of 574.59 feet, more or less, to a point; and thence turning and running in a NORTHERLY direction for a distance of 130 feet, more or less,again by said Delta & Delta Realty Trust landt and thence turning and running in an EASTERLY direction for a distance of 100 feet, more or less, through land formerly of John P. and Kastant J. Shay, to a point being the SOUTHWESTERLY corner of land now or formerly of Lair~; and thence turning and running in a SOUTHERLY direction, on a curved course, for a distance of 771.60 feet, more or less, by land now or formerly of said Laird, Beattie, Camparone, Hoar, Correlle, Dewhurst, Bingham, and Leonard, to a point; and thence turning and running in a SOUTHWESTERLY direction, in two courses, for a distance of 298.41 feet, more or less, to a point at Winthrop Avenue for a distance of 616.22 feet, more or less to the point of beginning. Petition of M. L. Kettenbach Under the aforesaid Article iwas VOTED to Adopt VOTED YES 178 VOTED NO 16 A~l~i018 109: TO see if the Town will vote to amend the North Andover Zoning By-Laws and Map to change from Residential - 2 (R-2) to General Business (G.B.) a parcel of land located at or near the intersection of Osgood Street (Route 125) and Great Pond Road consisting of 2.004 acres, more or less. The said parcel to be rezoned adjoins the northeasterly and easterly or southeasterly boundaries of an existing general business zone parcel containing 2.237 acres, more or less. The area sought to be re-zoned is more particularly bounded and described as fOllows: Northwesterly: One hundred five and 45/100 (105.45) feet by Osgood Street (Route 125); Northeasterly: Two hundred ninety-five and 88/100 (295.88)feet by a private way known as Stanleyville Avenue: Southeasterly: Three hundred eighty-four and 15/100 (384.15) feet by land now or formerly of Helen D. Tokowicz; Southerly: Two hundred twelve and 31/100 (212.31) feet by Great Pond Road; Easterly: Three hundred nineteen and 43/100 (319.43) feetby other land now of Angus Realty Corporation being the dividing line between the existing general business zone and existing residential-2 zone. The premises sought to be re-zoned comprise a portion of the real estate conveyed to Angus Realty Corporation by deed of Stanley Stefanowicz at al dated March 16, 1960, recorded in the North Essex Registry of Deeds Book 912, Page 443; the entire parcel is shown on a plan entitled "Plan~of Land Owned by Stanley and Mary Stefanowicz, Trustees, North Andover, Massachusetts, March 1960, Scale: 1" = 40', Charles E. Cyr, Civil Engineer, Lawrence, MA recorded in said Registry as Plan No. 4040. Petition of Angus Realty Corporation and others Under the aforesaid Artiele it was VOTED UNANIMOUStoAdoDttheArtiole TOWN OF NORTH ANDOVER D~r~m Lo.c, Town ~e~ ELE~'~ffON DEPARTMENT The Honoable Francis X Bellotti Attorney General of M~ssachusetts One Ashburton Place Boston, Mass. 02108 TO~N' BUILDI~ Noll'f~ AN~OVEI~, MASS. 0184§ Nay 9, 1983 Dear Attorney General: At our Annual Town Meeting held in the Veter~ s Auditorium of our North Andover Middle School April 23 and 25 1983 the following zonmg ar~cles was voted upon and are hereby sube~tted for your approval. _A./~lO]e ~: To see if the Town will vote to amend the Zoning By Law by adding to Section 4, Par. 4.1 a new subsection: Accessory Uses, as defined herein, shall be on the same lot with the building of the owner or occupant, and shall be such as not to alter the character of the-premises on which they are located nor impair the neighborhood. Where manufacturing of any kind is allowed as an accessory use, it shall be restricted to such light manufacturing as is incidental to a permitted use and where the product is customarily sold on the premises by the producer to the cons um er. Petition of the Planning Board Under %he aforesaid Article it was VUIED UNANZMOT~ to Adopt the Article. ~iC]O 78: To see if the Town will vote to amend the Zoning By-Law by adding to Section 4 Par. 4.1 a new subsection: No Private way giving access to a building or use not permitted in a residential district shall be laid out or constructed so as to pass through a residential district. Petition of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to Adopt the Article. ZONING BY-LAW PAGE ~v~6iC]8 79: To see if the Town will vote to amend the Zoning By LaW by deleting Section 7. Par. 7.4 and inserting the following in place thereof: 7.4 Heights - Maximum heights of buildings and structures shall be as set forth in Table ~2. The foregoing limitations of height in feet in the designated zoning districts shall not apply to: 1. Farm buildings on farms of not less than ten (10) acres, 2. nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, processing towers, and other accessory structural features usually erected at a height greater than the main roofs of any building, . 3. nor to domes, bell towers, or spires of churches or other buildings, provided all features are in no way used for living pur pos es, 4. and further provided that no such structural non-manufacturing building shall exceed a height of feet from the ground, feature of any sixty-five (65) 5. nor of a manufacturing building a height of eighty five (85) feet from the ground, except by a variance granted, by the Board of Appeals acting under G.L. Chapter 40A. Petition of Planning Board and Selectmen VOTED UNA~-L~OUS TO ADOPT as amended by deleleting in the last sentence the following "except by a variance granted by the Board of Appeals acting under G.L. Chapter 40A. ~Fti0]8 80: TO see if the Town will vote to amend the Zoning By-Law by deleting from Section 2.50 the figure "112.41" and inserting the figure "113.67" in place thereof. Petition of the Planning Board VOTED UNANIMOUS to ~,dgpt ~ne Article Article 81: To see if the Town will vote to amend the Zoning By-Law by deleting Section 4.122 (1) and inserting the following: Section 4.122 (1) One residential building per lot. Petition of the Planning Board Under the aforesaid ~_rticle it was VOTED UNANIMOUS to Adopt the Article Article 82: By-Law by deleting from Section 4.122 (14) inserting the word "one" in place thereof. To see if the Town will vote to amend the Zoning the word "duplex" and Peri{ion of the Planning Board -6nder th aforesaid Article it was VOTED UNANIMOUS to Adopt the Article 2~i018 83: TO see if the Town will vote to amend the Zoning By-Law by deleting Section 4.122 (14) a) and changing Section 4.122 (14) b} to Section 4.122 (14) a) and changing Section 4.122 (14) c') to Section 4.122 (14) b). Petition of the Planning Board Under the aforesaid Artiele it was VO~-Uf%~S ~o-~P~ the Article TOWN OF NORTH ANDOVER DAN~ LONa, Town Clerk ZONING BY- LA~ PAGE 8 TO~ BUILDING No~I~ ANDOVER. MASS. 01845 May 9, 1983 All requirements of the law have been complied with. ZONINGBY-LAW PAGE 6 ~I~iC]8 107: To see if the Town will vote to amend the zoning by-lawS and zoning map by changing from Residence.4 (R-4) to Business 4 (B-4) the following.described parcel of land: Beginning at a POint at the NORTHWESTERLY most corner of the premises, said point being the SOUTHWESTERLY most corner of the premises now or formerly of Delta & Delta Realty Trust: and thence turning and runningin a NORTHEASTERLY direction by said Delta & Delta Realty Trust land for a distance of 574.59 feet, more or less, to a point; and thence.turning and running in a NORTHERLY direction for a distance of 130 feet, more or less,again by said Delta & Delta Realty Trust land; and thence turning and running in an EASTERLY direction for a distance of 100 feet, more or less, through land formerly of John P. and Kastant J. Shay, to a point being the SOUTHWESTERLY corner of land now or formerly of Lair~; and thence turning and running in a SOUTHERLY direction, on a curved course, for a distance of 771.60 feet, more or less, by land now or formerly of said Laird, Beattie, Camparone, Hoar, Correlle, Dewhurst, Bingham, and Leonard, to a point; and thence turning and running in a SOUTHWESTERLY direction, in two courses, for a distance of 298.41 feet, more or less, to a point at Winthrop Avenue for a distance of 616.22 feet, more or less to the point of beginning. Petition of M. L. Kettenbach Under the aforesaid Article iwas VOTED to Adopt VOTED YES 178 VOTED NO 16 -A_l%~018 109:~ To see if the Town will vote to amend the North Andover Zoning By-Laws and Map~to change from Residential - 2 (R-2) to General Business (G.B.) a parcel of land located at or near the intersection of Osgood Street (Route 125) and Great Pond Road consisting of 2.004 acres, more or less. The Said parcel-to be rezoned adjoins the northeasterly and easterly or southeasterly boundaries of an existing general business zone parcel containing 2.237 acres, more or less. ~ The area sought to be re-zoned is more particularly bounded and described as fOllows~ Northwesteriy: One hundred five and 45/100 (105.45) feet by Osgood Street (Route 125); Northeasterly: Two hundred ninety-five and 88/100 (295.88)feet by a private way known as Stanleyville Avenue: Southeasterly: Three hundred eighty-four and 15/100(384.15) feet by land now or formerly of Helen D. Tokowicz; Southerly: Two hundred twelve and 31/100 (212.31) feet by Great Pond Road; Easterly: Three hundred nineteen and 43/100 (319.43) feetby other land now of Angus Realty Corporation being the dividing line between the existing general business zone and existing residential-2 zone. The premises sought to be re-zoned comprise a portion of the real estate conveyed to Angus Realty Corporation by deed of Stanley Stefanowicz at al dated March 16, 1960, recorded in the North Essex Registry of Deeds Book 912, Page 443;. the entire parcel is shown on a plan entitled "plaY, of Land Owned 'by Stanley and Mary Stefanowicz, Trustees, North Andover, Massachusetts,~March 1960, Scale: 1".= 40', Charles E. Cyr, civil Engineer; Lawrence, MA recorded in said Registry as Plan No. 4040 Petition of Angus Realty Corporation and others Under the aforesaid Article it was VOTED UNANIMOUS to Adopt the Article LAW PA~E 3 xa~l~C]8 85: To see if the Town will vote to amend the Zoning By-Law by deleting from Section 8, Par. 8.1 1) under Use, the following words "Three or more family residence (including apartments) "and inserting the words "Multi-family residence" in place thereof. Petition of the Planning Board Under the aforesaid Article it was VOTED UNAN]]40US to ~lopt the Article ~l~O18 86: To see if the Town will vote to amend the Z0~ing By-Law by deleting Section 13, Par. 13.2 No. 7 and inserting the following in place thereof: "Parking requirements are subject to Section 8 of the Zoning By Law" . Petition of the Planning Board Under the aforesaid Article it was V0I~iD LX~qDio'~S mo Adop~ ~ne Article xa, rt~c]8 8~: To see if the Town will vote to amend the Zoning By-Law by inserting the following in Section 8, Far. 8.1 1) following the word "expanded .... or if a change in use occurs." Petition of the Planning Board under l~ne aI'oresa~d Article z% was v~'~'~D u.~,L.~ To Adop~ ~e Ar%mele Article 88: To see if the Town will vote to amend the zoning By-Law by deleting from Section 4.127 (3) the word "Limited" and inserting the word "Accessory" in place thereof. Petition of the Planning Board under %ne aI'oresa~d ArC, cie ~ was v,....'-,'.~,~3 ~o,~,~-~ To Adop% ~ne Ar%~cle ~C108~: To see if the Town will vote to amend the Zoning By-Law by adding to Table 2, Summary of Dimensional Requirements Footnote "3" under Bus.' 4 opposite Side setback minimum (ft.) and rear setback min. (ft.). Petition of the Planning Board under ~e aforesaid Ar%lcle l~ was v~.z'~.a~ 9.~,~.~G.~ ~0 Adop~ tne Ar~mcle Article 91: TO see if the Town will vote to amend the Zoning By Law to deleting Section 4.2 Accessory Uses and Section 4.3, Access to Buildings. Petition of the ?lanning Board ~nder ~ne aforesaid Ar~zcle ~t was VOTED UNANIMOUS To Adop~ ~ne ArVacle as amended after the words By Law .' ~elete the w6rd to and insert the word by ZONUNG BY-LAW PAGE 4 ~krt~C]8 92; To see if the Town will vote t° amend the zoning By-Law by adding the following words to Section 4.121 (7) - "and nO closer to a side or rear lot line than ten (10) feet." Petition of the Planning Board ' ~i01893: To see if.the Town will vote to amena the Zoning I By-Law by adding the following words to Section 4.122 (7) - "and ~ no ' closer to side or rear lot line than ten (10) feet." Petition of the Planning Board x~t~c]8 94: TO see if the Town will vote to amend the Zoning By-Law by adding the following words to Section 4.123 (7) - "and no closed to a side or rear lot line than ten (10) feet." Petition of the Planning Board ...... Under the aforesaid Articles it was VOTED UNANIMOUS to Adopt the Articles as amended. ARTICLE 92-93-94 ~ by deleting section 4.121 ~-/';, 4.12~ ~"~;, and 4.123 (7) and inserting in its entirety the folowing "Swimming pools in excess of two (2) feet deep shall be c--6~sidered a structure and permitted provided they are encl°sed by a suitable wall Or fence at least iour-(4) feet in height to be determined by the BUilding Inspector ~ prevent the entrance of persons other th~n those ~siding at the pool lo6ation. Pools shall have a minimum ten (10) foot setback from side and rear lot ~ines and be ~cated no nearer the street than thebuilding line of ~h~ dwelling, except, by special Permit'?' .. Art le TO see if the Town will vote to amend the zoning By-Law by adding the following words to Section 8, Par. 8.1 opposite Retail store and Service Establishments - "and General Business. Establishments located within 350 feet of a municipal parking lot shall have 50 percent of the required number of parking spaces. Petition of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to Adopt the Article -/~/wO~]8 98; TO see if the Town will vote to amend the Zoning By-Law by adding the following to Section 6, Par. 6.5 (1) following the words professional office - "home occupation," Petition of the Planning Board Under the aforesaid Article it washy ~OTED _~NANIMOUS to Adop~_..the Article ' . ~/~018 9~: TO see if the Town will vote to amend the'Zoning By-Law by adding the following to Section 6, Par. 6.5 .(1) ,g - "Accessory, professional, home occupation, and other permi~fed 'uses are subject to SectiOn 6, Par. 6.5 (1) a. Petition of the Planning Board .... Under the aforesaid Article it was VOTEDUNANIMOUStoAdopttheArticle ZONING BY-LAW PAGE 5 2%d~6i018 98: TO see if the Town will vote to amend the Zoning By-Law by adding to Section 4.121 a new paragraph to read as follows: Accessory buildings shall be no larger than 64 square'feet and shall be located no nearer the street than the front building line of the dwelling with a minimum 5 foot setback. Petition of the Planning Board .A_l~1018 99: To see if the Town will vote to amend the Zoning By-Law by adding to Section 4.122 a new paragraph to read as follows: Accessory building$ shall be no larger than 64 square feet and shall be located no nearer the street than the front building line' of the dwelling with a minimum 5 foot setback. Petition of the Planning Board Al~t~o]8 100: To see if the Town will vote to amend the Zoning By-Law by adding to Section 4.123 a new paragraph to read as follows: Accessory buildings shall be no larger than 64 square feet and shall be located no nearer the street than the front building line of the dwelling with a minimum 5 foot setback. Petition of the Planning Board Under the aforesaid Articles it was VOTED to Adopt the Articles as amended .ARTICLE 98 VOTED YES 147 NO 66 ARTICLW. 99 VOTED YES 173 NO 15 ARTICLE 100 V$TED UNANIMOUS Amendment toArticles~8,99 & 100 "~c~essory buildings no larger than 64 square feet sha£1 have a minimum five (5) foot setback from side and rear lot lines and shall be located no nearee the street than A/title 101: To see if the Town will vote to amend the Zoning By-Law Section 4.127 (3) by deleting the word "five" and inserting the word "ten"-in place thereof. Petition of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to Adopt +de Article ~k~tic]8 102: To see if the Town will vote to amend the Zoning By-Law Section 4.129 (3) by deleting the word "five" and inserting the word "ten" in place thereof. Petition of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to Adopt the Article Al~iC]8 103: To see if the Town will vote to amend the Zoning By-Law Section 4.130 (3) by deleting the word "five" and inserting word "ten" thereof. Petition of the Plan, ning Board ~ Under the aforesaid Article it was VOTED UNANIMOUS to Ado~t the Article ~:,~-~1~ ~,'~ ~"~ ~, ~ '~.~ ~ - ~ ~ ~ · ,'":. ' ~' '" ~ ' .' ' ',r ' ' ' ~ere ~n~uring of any ~ U~s, and ~n 4.3. ' ~o a ~ us~ and ~re (7) --'" and no clout I~ a sh~l ~ app~lo: · ano o1~ ~ uses are . 2) ~r s~ll th~ ~ply to 19. A~to~tbn4.121a~w chimneys, ventilators, ~graphlo mad ~ s~ights, tanks.' bu~k~s,- ' (17~ Amesso~ buildings penthouses, -processing ._~ ~ ~rg~ 1~n ~ sq~m ":' stm~ural :l~lures usually.v, ~rer ~ ~tr~ t~n the lro~ .- :;:':or ~ires ~ churc~s Df olher pa~graph to ~ as fol~: f~tures ~e in no way used ~ ~ ~ 'larcr I~n ~ sq~e -- 4) and tud~r'pro~d~-t~ n~rer the ~r~ t~n the fmnl - .'- ' ' ~ ~uch sir~ural l~tu~ ¢ . ~ildino fine of lhe dwefli~ any nommanulacturino w~h a minimum 5 1~ ~- ¢ si~y-~e (65) feet lr~ t~ 21, ~d Io s~tion 4.123 a n~ ground,. ' _ ~graph to r~d as 5) nor ~ a'.~nCa~ud~ (21) Accesso~ bdldings shall buildin~ a h~ght pi eigh~-~Jve ~ no lar~ ~n ~ square (85] 1~ Irom Ihe Dround. ex- feet aha shall ~ I~t~ ~Pt ~ a ~r~n~ gra~ed by n~rer the str~ than the fro~ ~ ~r~ o~ ~als a~ing buildi~ line of the dwelling u~erGL ~ ~A. w~h3 min~um 5 ~ ~- ~ Permitted Uses The following uses of low flood damage potential and causing no obstructions ~to--flood -flows--shall be -allowed--provided they are permitted in the underlying district and they 'do not require structures, fill, or storage of materials or equipment: 1) Agricultural uses such as farming, grazing, trUc~~ farming, horticulture, etc.. 2) Forestry and nursery uses. · etc. Outdoor recreational uses,~including fishing, boating, play ~reas 4) Conservation of water, plants, wildlife. 5) Wildlife management areas, foot, bicycle, and/or.horse paths. 6) Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises. 7)' Buildings lawfully existing prior to the adoption of these provisions. B. Special Permits No structure or building shall be erected, constructed, substantially improved, or otherwise created or moved; no earth or other ;materials dumped, filled, excavated, or transferred, unless a special permit is granted by the Planning Board. Said Board may issue a special permit herunder (subject to other applicable provisions of this bylaw) if the application is compliant with the following provisions: ~ 1) The proposed use shall comply in all respects with the provisions of the underlying District, and 2) Within 10 days of receipt of the application, the Board Shall transmit one copy of the development plan to the Conservation Commission, Planning Board, Board of Health, Board of Public .Works, Building Inspector and Highway Surveyor. Final action shall not be taken until reports have been received from the above Boards or until 35 days have elapsed, and 3) Ail encroachments, including fill, new construction, substantial improvements to existing structures, and other development are prohibited unless certification by~ registered professional engineer is provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the 100 year flood, and 4) The ~oard-may-specify such .additional requirements and conditions it finds necessary to protect the health, safety and welfare of the public and the occupants of the proposed use.. Petition of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to Adopt the ~rticle as amended. ZONING' BY-LAW PAGE 7 A_r~lc]e 110: TO see if the Town will vote to amend the Zoning By-Law by creating a new section to read as follows: 4. 135 Flood Plain District :- - 1) Purpose The purposes of the Flood Plain District are to prote~t the public.health, safety,and general welfare, to protect human life and property from the hazards of periodic flooding, to preserve the natural flood control characteristics, and the flood storage capacity of the flood plain, and to preserve and maintain the ground - water table and water recharge areas within the flood plain. 2) District Delineation The general boundaries of the Flood Plain District are shown on the North Andover Flood Insurance Rate Map (FIRM), dated June 15, 1983, as Zones A, A 1-30 to indicate the 100 year flood plain. The exact boundaries of the District are defined by the 100 year water surface elevations shown on the FIRM and further defined by the Flood Profiles contained in the Flood Insurance Study, dated December 15, 1982. The floodway boundaries are delineated on the North Andover Flood Boundary Floodway Map (FBFM), dated June 15, 1983, and further defined by the Floodway Data Tables contained in the Flood Insurance Study. These two maps as well as the accompanying Study are incorporated herein by reference and are on file with the Planning Board, Building Inspector and Conservation Commission. Withini:Zo~e A, where the 1200 year flood elevation is not provided o~' t'he FIRM, the developer/applicant shall obtain any existing flood .elevation data, and it shall be reviewed by the Planning Board. If the data is sufficiently detailed and accurate, it shall be relied upon to require compliance with this by-law and the State Building Code. 3) Use Regulations The Flood Plain District is established as an overlay district to all other districts. All development, including structural and non-structural activites, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the requirements of the Massachusetts State Building Code pertaining to construction in the flood plains (currently Section 744.) ~ to ARTICLE 110 4.1~ ~ FLOOD PLAIN DISTRICT · I. Flood Plain District_~__ The Flood Plain District is herein established as ay overlay district. The underlying permitted uses'~re allowed provided that they meet the Massachusetts State Building Code dealing with construction in flo6dplains and the following additional requirements. The Flood Plain District includes all special flood hazard areas designated as Zone A, A1-3~ on the North Andover Flood Insurance Rate Maps, (FIRM), and the Flood Boundary and Floodway Maps, dated June 15, 1983, on file with the Town Clerk, Planning Board, Conservation Commission, and Building Inspector. These maps as well as the accompanying North Andover Flood Insurance Study are incorporated herein b~ reference.- II. Development Regulations A. Within Zone A of the Flood Plain District, where base flood elevation is not provided on the FIRM, the applicant shall obtain an~ existing base flood elevation data and it shall be reviewed by the Building Inspector for its reasonable utilization toward meeting the elevation or floodprooflng requirements, as appropriate, of the State Euilding Code. B In the floodway, designated on the Flood Boundary and Floodway Map, the following provisions shall apply: All encroachments, including fill, new construction, sub- stantial improvements to existing structures, and other development are prohibited unless certification by a registered professional engineer or architect is provided by the applicant demonstrating that such encroachments shall not result in any increase in flood levels during the occurence of the 1~0 - year flood. 2. Any encroachment meeting the above standard shall comply wi~h the floodplain requirements of the State Building Code. THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT Of THE ATTORNEY GENERAL JOHN ~/, I~lc CORNIAICIC 8TAT=' OIrFIP-E BUILDING ONE: ABHBIURTON PLACE:° BOBTON OZlOlll FItANCIII X, June 7, 1983 Daniel Long, Town Clerk Office of Town Clerk Town Building North Andover, Massachusetts 01845 Dear Mr. Long: I enclose the amendment to general by-laws adopted under Article 35 of the warrant for the North Andover Annual Town Meeting held April 23, 1983, with the approval of the Attorney General endorsed thereon. Very truly yours, _Hen.rT.F~ O'Connell Assistant Attorney General enclosure HFO/ehm June 7, 1983 Boston, Massachusetts The foregoing amendment to the general by-laws adopted under Article 35 of the warrant for the North Andover Annual Town Meeting held April 23, is )roved. RAL TOWN OF NORTH ANDOVER D~wm~ Lo.c, Town Clerk ELECTION DEPARTMENT The Honorable Fraucis Xo Bellotti Attorney General of Massachusetts One Ashburton PLace Boston, Mass. 02108 ~'O WI~ BUILDI'NG NORTH ANDOVER, MASS. 01845 May 13, 1983 Dear Attorney General: At our Annual Town Meetin Held April ~3 and 25 1983 in the Veteran's Auditorium of our North Andover Middle School, the following Article was voted upon and is hereby submitted for your approval. ARTICLE 35. Article 38: To see if the town will vote to amend its By-Laws, by adding a new section to be titled "Regulation and of Fire Detection and Alarm Systems." General Control Petition of the Board of Fire Engineers Copy of complete by-law change available at Town Clerk's Office- It was VOTED UNANIMOUS to Adopt the Article. This will be under a new Chapter ~of our North Andover By-Laws and will be titled PUBLIC SAFTY. The new ~y-Law will be numbered Section 9.1. Attached is a copy of the By-Law that was voted on. All requirements of the law were compiied with. NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS 124 Main Streel North Andover, Mass. 01845 Tel. 686-3812 T. see if the T.w~ ~ill rote to ammemd the General By-I,~w~ ~y a~din~ t~e following ~ew section, t~ be title~: "Regu!atiem~ ~md C~trol of Fire Detection and Alarm Systems~ By ~efi~itiea, "Fire Deteetiem aa~ Alarm Systems" are these !nstalle~ in ~rivately ewne~ mtrusturos, r~si~enbial, e~usatiemal, religious, commercial, ~mdustrial, which, when activated, remult ~n olaf..f f~re being tranzmitted te the Fire Dept. A2arm tr~n~zit~l ~ay ~ by the ~ou~di~g cf a~ a~rnal alarm, ~le~- the g. meral public; ~ aut.~tfe ~lephome cmll; by ~ers~nal tele~o~e cal]~ ~ ~ireet connection, through a ~ici~l ~y~t~m ~s.s, ter Fire Alarm Box; ~r by any ether ~-ans. The secti~z, as prop~s~, sh.ll consist ef t~e fell.wing l) No'Tire Det, eti~a and Alar~ System, as define~, shall be imst,~le~ without prier n~tioe te the Fire Chief review a.d approval. ) The o~n.r ~f the pr~p.r~y i~ which the ~vstem is inst~lled,. eball furnish, in writln~, to the Fire Chief, telenhene nu~bere(ether than the-pretected prezi~ea) with the n~es of responsible indfvidualz,who are authorized t~ respond to e~ergency c~ll~ an~ provide access te the structure. Enough mam. s an~ muzbers shall be furnishe~ te in~ure availability of at l~ast one such individual at any h~ur ~f the day, er night. Th~m ltst!mg ~hall be furniehe8 before the sy~te= ie operational an~ ~ball b~ revised, ~ r~quired, t~ be kept current and accurate. Ne testing, repairing, altering, or ether ectlons, which right result i~ ~b~ transmittal of an zlar~ te the Fire Dent., shall ~ perfer~,~d without p~ier notificati.~ to the Ftr~ Dept. Failure te eompty with any ef the requirements of Paragranhs 1 thr~ 3 ~ay be punieh&ble by a fine el, but met te excee~ ~ 25.00 assessed t~ the property o~er and p~yable to the Town Treasurer, for deposit i. the Oenerel F~n~. False Atar~e ~f fire are those tranewitt.ed, whom ~e fire condition exists, &n~ are the result ef negligence, er defective equipment. 6) The owner of any property in which a Fire Detection and Al&rm Syste~ is i~ztalled, which transmita £alee alar~e per P~ragraph 5,shall be penalized im ac.erdance with the fellewi~g Schedule: NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS 124 Main Street Norlh Andover, Mass. 01845 Tel. 686-3812 First Fa]se tlarm - N~ Action Seco~ False A/arm - (withi~ six menths ~f the ~ate ef the first false slat.) A ,ar,if~, i~ writing, £r~m the Fire Chief, to th. ~r.psrt~ .wner. imcludin~ this senti... T~ir~ ~a,~ ,!1 subsequeat) Fal~ Alarms (witbfa six ,.~t~s .f the ~ate ef the first f~lse ,lar,) A lime .f, b~t ~et t. exceed, $50.00, eac~ accuranee, sssessed t~ the Praperty ~wner, payable t~ the T.wm Tr6asure~, f*r ~epeslt im the General Fun~. ~ False ~mrm beyen~ six m~ths from th~ date ~f the first false a~arm shall be consi~ere~ a First False A~arm, as ~efine~ i~ this Schedule. ~Y property owaer fi~e~ ua~er the provislens of this schedule, ~ay, ~Ithi~ 15 ~avs vf the ~te sf the lime, sub~it an ~ppe~ im wrltln$, ta th~ Bcar~ £~ Fire Engineers, present- in~ ~y evidence to sh~w the fi~e is ~areasonable an~/or inappr.pr!ate. The B~ard .f Fire Engimeers shall, wit~im 15 ~e~ist~ .f the B~ar~ shall be final and bin~t~g. 7) ~'hen the Fire Dept. Respe,~s t~ an alarm ~f fire, tra~- · itte~ by a Fire Deteeti~, an~ Alarm System, where the P~r~ises are nnocc~p~d; thc Departn~nt is unable -cce~s te the st~cture; and {s unable to c~n~ct ~ny ~f tbs t~divJ~la listeg, f~r access; the Fire Officer coa~:am~ ~ay r if he has rescuable ooncerm, or suspicie~ that a fire exists witht~ the st~et~e - ~ake a forcible ent~ te deterain~ whether or net fire con~itiens exist. If this actie~ becomes necessa~, the Fire Officer shall: a. N*tify the Peliee Dept. of this b. Secure the orezis~s insofar as feaslb~e ~' C~nti~ue efforts t. coa~ct the i=divi~uals 2iste~ as respznsib~e fer the ~t~cture. ~. Emt~r the a~tien ~kem in the Fire D~pt. Leg. TOWN OF NORTH ANDO¥]gR MA. SSAC~'U S~ETT S April 22, 1983 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass. 01845 Dear Mr. Long: For your records, the Planning Board makes the following recommendations for the 1983 Annual Town Meeting: ARTICLE RECOMMENDATION 77 Favorable 78 Favorable 79 Favorable (as amended) 80 Favorable 81 Favor ab le 82 Favor ab le 83 F avorab le 84 Favorable 85 Favorable 86 Favorable 87 Favorable 88 F avo rab le 89 Favor ab le 90 Unfavorable (withdrawn) 91 Favorable. 92 Favorable (as amended) 93 Favorable .(as amended) 94 Favorable (as amended) 95 Favorable 96 Favorable 97 Favorable 98 Favorable (as amended) 99 Favorable (as amended) 100 Favorable (as amended) 101 Favor ab le 102 F avo rable 103 Favorable ATTEST: A True Copy :- ,;.'t.' NORTH ANDOVER .';:. ,r. .'.' ' ·. ' .'£ - - "'" : ' ' '- ' ' ' .~- ~:. I~ASSACHUSETT~; :,,;.;. - -' ...~.;:~.-.; ~,l,r.~--~..... ,,AR~.,~.r.....; ..... -. "';' 1,1~~'~'~~-I:t~'~'' '"' ' '" ' ' ': '~' '~.:::;' ~"d.~ ~ ,: [' . ' - :.:~': ..~_.,,';~- . : - . · . _ - .. ......... -',,;~~.~.-...;.~'.-.~}-; - . , . .-. . . . . -. . . . ,. .. ~-,.,_...,., ?lMa.c;hlD..1983.~. j - . . . , .~ . -. . :, . . ':'?..'": ~,' .~ "-t?~f'~-?-''' I ~'Noli~e'li~"her~)~ given 'lhal~'~~.. i ' '" ' - - ' - ' 7:30 p.m. -on Nonday,evenino..',,~- 'i - April 4.. 1953 in J he Town Office .:. Meeling R~om 1he NORTH AN,~'~ - DOVEB 'PLANNINg .BOARD 'will'.': ')'old a p~o c h~ring purs~n~ Io.;; _' the provisions ot G. ~-: chaptet.~.'~ · 40-A. Sedbon 5. 'upon the IXO;'. :: posal ol MICHAEL.L BACH and olhers lo.ame~ ,lh~''~ .7 . . (Residence'a) lo. B4 (Busines~.~,-,..o - ' Beg nnirig al ,~'poin a~ tliCNor~ ',~ ~, lhweslerly n';ost c~rher· ~ 'the ,' Soulhwesleily mosl corner ol the.{ .~'errises N/F ~1 Delta & Deltas: · Realty 'h'ust: a~d thence fuming,-' and running in a ~reclion by .said Delta & Reat~y'[rusl [and 10~ a dlslance - o] 574.59 leer. more or less..1o a,, poinl; Iheno~ fuming and runn-. lng in ~ Northerly d~mclion lo~' d~stance of 130 leer. more-o~- less. again by s~id Delta & Delta Realty ~'rus~ [and: thence lu~'ning and funnln§ in an.~s]er)y d~rec- -more-~ less: l~ough 'rand;' formerly d J*:~o P, and I<,~nl- ~.J.':S~ay. lo a.point being lhe~: __.Nit: ol said ].a'~rd; and Ihence~- turning anO-running, in co~fse 1or a distance ol ?;/!,60 Itel. more o~ less. by land N/F parone. Hoar. DewhursL l~Jngham, and ].eonafd. 10 a poin! pnd thence lurning and lunmng in .,So~hwes~erly dimciion i~ h,~ . courses lot a distance ol 298.,41. lee1. more or less. to a p~n! af'- Winlhfop Avenue: thence lurn- lng an~ running in a lhweslerly diredion by s~id Ihrop Avenue tot dislance ol §1§.221eel. momorless, lolhe : ~oo~s ol complete lex1 a~ai1~ble al ott~ces ol Town Clerk and Panning Boat[I.. ~"]~y Or~e[ ot~he Norlh Andovel . · Publish: Nodh-Andovei' Cilize~: I .7:30 p.m ~ Monday evening ' AI~Jl q..1983, in the Town Office .-. ~ .' Meeli~ Room. the NORTH AN- DOVER PLANNING BDARD.~ill . hold a ~ubl~: hearing pursuan~ Io the presides Of G: L 'Chapter . of. T HI}WIA.~ Y.A'M EF~ and olhers.-; (~eheral. Business). a; parcel Of '~ ~ - land Ioc~l~ -a! or:n~r Ihe in- t~.rseclio~l of :'Osgoc~ Street (Route.~25) ~nd- Great Pond L, R~K~.'.consislin§ of 2.D04 a~res. more o~ .less..more particular'fy Ix~nded. and, described -. as lolk:~,$: NORTHW[S1ERL¥~ One hun~fre~ fi~e and 45/100, ~(105.45) fe~ by 0sgoo~ S1r~ IR~Jle 125); NORTHEASTERLY: 'Two ~,undred n~ne~y five and 88/1D0 (295.B8} leer by ~dvale way known as 'Slan[eyville ' SOOTHEASTERLY:.Three hun-' ~re~ eighty tour-and 15.100 (38415) feel by lancl N/F of Helen D. Tokowicz; SE}UTHER. LY: Two hundred twelve and 31/100 (212.31) teel by Greal Pond Road: EASTERLY: Three huncirl~l nineteen and '43/100 · (319.43) leer by other-land oo~ o! AngUs Really Dotp.. being the ' ;~:clJvid~n9 line between the ex--' *isling General Business' zone ,.--'.and the ~isling Re$idenlJal 2 'zone; and: SOUTHWESTERLY: .~ 'two 1]unmed three anc~ 3§/1OD (203.36) teel by olher land now -. el Angus Really ~o{p.: being lhe dividing line belweon the ex- iSling General Busi.ness zone and the exisling Residential 2' The pmraiees ~ought to be.. · .-.rezoned comprise a poqion of · -'. :j Ihe real' estate 'conv~ed '$o" · ] Angus Really Corp. by deed Of - :.~ Slanley Stelanowicz et-al, dated ' ] ' March 16 1950. re~orded in,he .' ' · J Norm EsSex Regisl~. et Deeds- ~. Book 912. Page 44~ the entire J Stanley and Mar), Slelanowicz. , · J Trustees. Norlh Andovec J' Massachusells,- Mal'~l, 1960, · .. J Scale: 'l".j= 4D' Cr~rles E · / 'O/r, Ci~it Engineer', Lawrence, . J l',*,assachusel~s." recorded in' J said F, egist~ as PJan No 4040 ' ' J Copies of cornplele t[')d J at ol'hces el 1own Clerk and J Planning Board. ' J By Order of the Nodh Andover J P, aening Board - ' " - · - ,'. ';.'-:.' '.','.". ;'..'.-'"'.:'-,..:":."S'-[,' x :' "." ;-,::.',,-.'~.:~- ~ '-,. '" '.~' ,....:;...~;.'....' · -~.~.'~-"':"~. ' ' ' ' .'.'., .' , J .... . ' . ' - . ; . - - .. '. . · , .° .. ' . -., - . ; . .' , .', ~.~- .- - TOWN OF - · -,.-e'j.---A."p~n-nm~ Ik,~: ... ~--.~,,'... ~ . .. . -.. .. - . - . . ' '.-., '. -' ': _ ,'T'~- NORTHANDOVER-...~/.-~ The lolowing uses of Iow ~_;.'~ . '' ' '. - . ' "..' ." .'".. ' .' ~, ._' . ;.'- ,i..'- - · - MASSA, CHUSFFr$ - -..._= '.'"fkxx/ damage potent~l/ and..,~ ' ' · ' · . :'.. . . ' " ' .~. - -- .' ,'. PkANNIhlG BO.~RD' ~- -~-, 'causing- no obstructions Io .... ~?~':':~-~.~ Y~¥"?;'-"='=':-?'~'-'~"fJood flows shad be allowed?-% - ' - ' ' ..... ' . . ........ ~r~ .i- - - ,'~"'~1~ --~.~.~.,, . - erowO~nd thev are r~rmitt~ ' =../-= · - -? ~ - -';-' /~ ~C".','~"°,'."q4'~i,.~--~':~" they ~ nol requir~ structures .-.,~.,~" ' - ... o . .- - - · · ' ' :':.~'; I*l ~ J_"] ~i';:'::q)-Agricugur~'~}~':s~ch"~=~'~ .. _ ~,,\~-~'~"..,/.~1 .. farming, grazlng, lruck, larm-.....-..- . : . -.. . .... ~ ~'.: . '~?~.(~'? ~/- -2) Fo~stry and nurse~ us~s.' .= * · ' ~-.' '.~-.-.-~~.._:~'_-.'-3) Outdoor recrealiod uses,'-". '' .: . ' - - ' · ~. -= '- _. =_..~_~-. -:.. ~' -: '~_ :including fishing, boating, ?~. - = .... .:-:. 19a3 pmyar, s,.c.,,--- __ _ 4) ' Conservation ~of water, '~ "N°lice"[s J~:eb); gi~,~r{ t~nf-ai '- plants, wildlife:'-~-;', ...... .' 7.'~n, ,~',-,,, U,~r,,~*., ,-.,*ninn , 5)WiJdlifema~[?e~enlareas,-:' i · · .... ~ Office ' ~ bicycle-and/o~ ha*se . .-- Anril 4. 1983, ~n me mvn =: j~S:-~ .., · .... ~ting Room 'the NORTH AN-=.?.pa~ .~=,= ,-=- '-' '- - . t - '; ' ~ - ' - ~ N~I"G BOARD will' ~ 6)'Temporary mn-r~s~ntla . .. - ' L)UVJ::H I'I..A -' r r ' ' - '~ "' th'"~p"r~si"'o'"ns'~oj'G''~. ~_. Chapta/:]-~wllh _.fishi.ng,~, grow?g: ,at, t, '~'l'iofl 5 u n ~oogsa] narVesllhg s or3ge or sale OT ',~_, __.. , po ~_ .... . ' ' . '". .. /~."' · '~! ~h~ ~n~TH ANr~vE~'PLAN--- crDp~ ralsl~ Di3 the pi'~Tiises.- .. ' '~l'll~'~"l~l~'l~'ll;'a~;d the Zorn -./7)Buildings Iowful~ existing ~.' ' ~.~g By 'G3w by adding a new ? prl~'. ,to lhe adoplion of these' :'"' ~ - . : ..... .,. . -~ :(1) ~ .. ~ slr~um or buildi~ s~l - T~ pu~S ~ the ~:- be erected.· construing... ~in ~dd ~e to pr~ the ~' subs~nlially i~ro~, ~blic ~h, ~f~; a~ '~ ~he~se cr~ ~ ~, ge~ra w~am. ~ ~m~ ~ ~h m ~ ~e~S hu~n lile anO pro~ tr~ du~, Til~. ~t~, / the hazards of peri.lc-- transfeff~, units a S~ fl~ing, lO prese~ th~ Pe~ is gr~lefl W I~ P~nn- nelural'- flood- conlrol- lng ~rd.' ~8 ~d ~racle~iG, a~ t~ ~ issbe a Special Permil ~ora~ ~ ~ l~ f~- h~eunder (sgb~J ~ ~her" pbin. end ~o pre.we and a~i~ble pr~ons ~ lhis ~ ' ~intain I~ ~ound water.- I~) ~ the ~i~ion is lab~ a~a ~ f~r~ar~ .plenl ~th the l~wJng p~- ~ l~'N~h ~r ~ Im' ' ~slr~, ~, - .... . - su~n~ ~te ~ (FIRM), 2) W~h~ ~n (10) ~ ~s k, A 1-39 to indite t~ ~rd sha~ tr~s~ ~ ~y- 1~ y~r f~ ~in. ~ ~. d the d~o~ pJan Io ~. ~u~d~ ~ the D~ ~ - Cons[rvalion Co~ission. d~n~bylhe l~y~r~t~~,. ~ ~ H~Eh, ~rd sud~ ~al~ns S~D~ on Pu~iC W~ks. Bui~ng In-L. I~ FIRM a~ fudher ~fi~ s~t~. 'Highw~ ~, - in ~ F~ Ins~anm ~, t~ sh~l ~ ~ ~aken unlil ~t~ ~ 15. lg~. re~ have b~n T~ ~ ~ndari~ ~e lro~ t~ a~ ~s ~ unUI '-' way M~ (FBFM) da]~ June . ~J ~.All _~r~c~e~s,.. m- "b"l~ ~a' ~ T~I~- sub~anf~ i~r~nts .-c~n~i~ · t~ F~ Ira' e~ing mr~1~, and ~her".: - mansas~ ~[heam~- ~: unless ~mcallOfl Dy ..a;-. ' '~ ~l~ ~r~ Jnm~r~ ':-red siered profess aha ;.' :' her~n by r~efe~ a~ a~ ~"; ~:~D~P~ ~ pro~. ~ : ~j ~ ~. n.~l~ ..a ~n s~ encroachmmt ~al not - ~li~n..' '~ r~u~lnany no--em Wdhin ~m A,'~m ~e 100 year fired ~i~ is not p~ _ t~ 1~ y~r f~; a~: v~ on ~ FIRM, ~e 4) T~ ~a~ may develo~r /appli~nl shall o~ su~ a~l r~u~s ~ain any existing fl~ e~m- and conditions il fi~ds .. lion data and fl sh~l be ne~s~ ID pro~ 1he [~ie~d ~y the PBnnin9 h~h, ~le~. and ~ffare of ~rd. If the ~ is s~ic~enl- ~ puUic and lhe ~cu~nts - ~ ~[bi~ and accurate, .~ , o~ t~ pro~s~ use: REZQNING Article 109 Passed at Town Meeting 1983 ,/ REZONING Article 107 Passed at Town Meeting 1983 %-% TOWN OF NORTH ANDOVER MASSACHUSETTS May 10, 1983 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass. 01845 Dear Mr. Long: The purpose of this letter is to formally notify you that legal notices Were mailed regarding Articles 77, 78, 79, 80, ~81, 82, ~3/-85~ 86, 87, 88, 89, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103., 107, 109, 110, and passed at the April 23, 1983 Annual Town Meeting. Sincerely, pLANNING BOARD Paul A. Hedstrom, Ch airman PAH/jw ATTEST: A True Copy Town Clerk Mr. Daniel Long, Town Clerk April 22, 1983 Page 2 PAH/jw ARTICLE 104 105 106 107 108 109 110 111 RECOMMENDATION Un favorable Favorable (as amended) Unfavorable Favorable Favorable (as amended) Favorable Favorable (as amended) Sincerely, PLANNING BOARD Paul Ao Hedstrom, Ch airman ATTEST: : A True CopF Town Clcr~ TOWlq OF NOI~TH HASSACHUSETTS May 9, 1983 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass. 01845 Dear Mr. Long: The following is a list of the members ~of the North Andover Planning Board: Paul A. Hedstrom, Chairman Michael P. Roberts, Vice Chairman Walter R. McDonough, Clerk John J. Burke Erich W. Nitzsche PAH/jw S in ce re ly, PLANNING BOARD Paul A. Hedstrom, Chairman ATTEST: A True Copy Town Clerk ArtiCle 109 Passed at Town Meeting 1983 REZONING Article 10,7 Passed at Town Meeting 1983 %-% ·