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HomeMy WebLinkAbout1984-04-28ThE COMMONWEALTh OF MASSACHUSETTS DEPARTMENT OF ThE ATTORNEY GENERAL JOHN W, I~= CORMACK STAI'I~ OIrF'IC=I~' BUILDING ONE~ ASHBURTON PI.AO£, BOSTON II'RANI:Ia X. B~I. LOTTI Daniel Long Town Clerk Town of North Andover Town Building North Andover, MA 01845 JulY 31, 1984 Dear Mr. Long: I enclose the amendment to general by-laws adopted under Article 87 and the amendments to zoning by-laws adopted under Articles 92, 94, 96, 97, 98, 99, 100, 101, 104 and 105 of the warrant for the North Andover Annual Town Meeting held April 28, 1984, with the approval of the Attorney General endorsed thereon and on the zoning map pertaining to Articles 100, 101, 104 and 105. Very truly yours, ~Assisf~ HFO/bap Enclosures Boston, Massachusetts The foregoing amendment to the general by-laws adopted under Article 87 of the warrant for the North Andover Annual Town Meeting held April 28, 1984, is hereby approved. TOWN OF NORTH ANDOVER DAN'm~ Lo.a, Town Clerk ELE~T~ON DEP~RTMENT REC 1 984 The Honorable Francis X. Bellotti Attorney Grneral of Massachusetts'~ep~rtment0f^~0rney Genera~ One Ashburton Place Boston, Mass. 02108 '1'O W1V BUILDING NOR~I AN'~)OVER, M~sS. 01845 M~ 9, Dear Attorney General: At our Annual Town Meeting held April 28 andApri13G198h in the Veteran's Auditorium of our North Andover Middle School, the following Article was voted upon and bP hereby submitted for your app~roval. ARTICLE 87. TO see if the Town will vote to amend its general bylaws in the following manner: Amend Section 3.7(A) and 3.7(B) by deleting the existing language so that Section 3.7(A) and 3.7(B) shall now read: 3,7 Town Counsel (A) Appointment A majority of a committee consisting of the Town Clerk, the Town Treasurer, the Moderator, the Highway Surveyor, and after a vote of each of the following Boards or Committees: the Chairman of the Board of Selectmen, the Chairman of the Board of Assessors, the Chairman of the Board of Public Works, the School Committee Chairman, the Board of Health Chairman and the Chairman of the Planning Board shall annually in June appoint and, subject to appropriation therefor, fix the compensation of an Attorney At-Law who shall be a member in good standing of the Bar of the Commonwealth, to serve as Town Counsel at the pleasure of the Appointing Committee. Said committee shall fill any vacancy in said office for the unexpired term thereof. The Selectmen may employ Special Counsel whenever, in their judgement the necessity therefor arises. ' (B) Duties The Town Counsel shall, subject to the direction of the Selectmen, conduct the prosecution defense or compromise of legal proceedings to which the Town is a party and the prosecution or defense as the case may be, of legal proceedings by or against any Town officer, board or committee. He shall prepare or approve legal instruments to which the Town is a party or in which any right of interest is involved, shall advise any Town officer, board or committee upon legal matters and proceedings affecting the performance of his or its official duties, and shall perform such other duties as may be imposed upon him by these ByLaws or vote of the Town, and as further set forth in a Memorandum of Agreement to be established by the Board of Selectmen with the advice of the Appointing Committee. Petition of the Selectmen TOWN OF NORTH ANDOVER DAirY, LoNg, Town Clerk ~.~TION TOWN BUILDING Nom,~ ANDOVER. M~$S. 01845 ARTICLE 87. PAGE Under the aforesaid Article it was VOTED UNANIMOUS TO ADOPT. All requirements of the law have been complied with. ATTEST: TOWN OF NORTH ANDOVER DAl~rmt LoNg, Town Clerk ELE~ON D~'AR'E~ENT REC The Honorable Francis X. Bellotti Attorney General of Nassachusetts One Ashburton Place Boston, Mass. 02108 'HAY 1 & 1984 Department of/~[~orn~y TOW~ :BUrr,nL.-q'O May 9, 198h Dear Attorney General: At our Annual Town Meeting held April 28 & A~ril 30~98~ in the Veteran's Auditorium of our North Andover Middle School, the following zoning articles was voted upon and are hereby submitted for your approval. AR~I~.R 92. To see if the Town will vote to amend Section 2.75 Driveways (p.7) of the Zoning ByLaw by deleting the following: 'except by Special Permit from the Planning Board.' and adding the following: 'Subject to the granting of a Special Permit from the Planning Board, a driveway may be shared by not more than three lots. Every such shared driveway must be regulated by a recorded maintenance agreement running in perpetuity with the land.' EXPLANATION: The revision of this section allows the Planning Board to limit the sharing of one common driveway to three (3) lots by Special Permit. Petition of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to ADOPT. ~0NING ARTICLES PAGE 2 ARTICLE 94. To see if the Town will vote to amend Section 2.38 Frontage (p.4) of Zoning ByLaw by adding the word 'continuous' to read as follows: 'The continuous distance between lot sidelines measured along the street line.' EXPLANATION: The purpose of this article is to clarify the existing definition of 'frontage' by including the word continuous. Petition of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to ADOPT. ZONING ARTICLES PAGE 3 ARTICLE 96. To see if the Town will vote to amend Section 7.2 Street Frontage of the Zoning ByLaw (p.41) by adding the following: '1)' Minimum street frontage ........... '2) Frontage exceptions for larger lots: notwithstanding the above provisions, a lot in any Residential District need not have the specified amount of street frontage, provided that: a. the area of the lot exceeds by three (3) times the minimum lot area required for that District; b. the lot has a minimum continuous street frontage of not less than fifty (50) feet and a width of not less than fifty (50) feet at any point between the street and the site of the dwelling; c. there is not more than one other such lot with frontage contiguous to it; d. it is not so located as to block the possible future extension of a dead end street, and e. no such lot as described above which a dwelling is located, shall be hereafter subdivided or reduced in area below the minimum area required in this section of the ByLaw.' EXPLANATION: The purpose of this article is to permit the layout of a lot possessing less than the required frontage (a minimum 50 feet) and having at least three (3) times the area needed in that zoning district. Petition of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to ADOPT the Article ~,aS ~mended. The amendment being the deletion sub paragraph (e.) in th Article. Z~NING ARTICLES PAGE ARTIC~.R 97. To see if the Town will vote to amend Section 8 Supplemental Regulations, Subsection 8.1 Off Street Parkin~ (p.48) of the Zoning ByLaw by adding Paragraph 12, Site Plan Review: to read as follows: 'For the purpose of administering the provisions of this ByLaw, to ensure the most advantageous use of all properties, and for the reasonable protection of the legitimate interests of adjoining property owners and occupants, for any new building or structure in a Business or Industrial District or for the rehabilitation of an existing building for commercial use in any district requiring more than ten (10) parking spaces in accordance with the provisions of this ByLaw, shall reqRire a site plan prepared by a professional architect, engineer, or landscape architect, along with nine (9) copies to be submitted with the building permit application. Such plans shall be referred to the Planning Board for distribution to each appropriate town board and department for their review and recommendations. The site plan shall consist of: a) compliance with the requirements for parking and loading spaces, for lot size, frontage, yards and heights and coverage of buildings, and all other provisions of this ByLaw; b) convenience and safety of vehicular and pedestrian movement on the site, and for the location of driveway openings in relation to street traffic; c) adequacy as to the arrangement and, where not herein specified, the number of parking and loading spaces in relation to the proposed uses of the premises; d) arrangement, design and appearance of proposed buildings, structures, free-standing or ground signs, screening and landscaping: e) adequacy of the methods of the site for waste disposal, surface and sub-surface drainage, and lighting; f) location of wetland areas and existing and proposed topography. EXPLANATION: The purpose of this article is to require plans for business and industrial development that need more than ten (10) parking spaces, be distributed to appropriate town boards for their review and comments. This proposal will enable the Town to take a more coordinated and planned approach to new development. Petition of the Planning Board VOTED UNANIMOUS to ADOPT the Article as amended. Amendment being by deleting the first paragraph in the Article and inserting the amended paragraph which is found on Page 5. ZONING ARTICLES PAGE 5 AMENDMENT TO ARTICLE 97: For the purpose of administering the provisions of this Bylaw, to~'ensure the most advantageous use of all properties, and for the reasonable protection of the legitimate interests of adjoining property owners and occupants, for any new or rehabilitated building or structure requiring ten (10) or more parking spaces in any Business or Industrial District, shall require a site plan prepared by a professional architect, engineer, or landscape architect, along with nine (9) copies to be submitted with the building permit application. Such plans shall be referred to the Planning Board for distribution!to each appropriate town board and department for their review and recommendations. The site plan shall consist of: ZONING ARTICLES PAGE 6 ARTICLE 98. To see if the Town will vote to amend the Zoning ByLaw by deleting from Section 3.2 zoning Map (p.8) the following: The Flood Hazard District is defined as all areas so designated on maps entitled #FIA Flood Hazard Boundary Ma~# H01-08 dated June 24, 1974 on file with Town Clerk, incorporated by reference herein and insert in its place the following: The Flood Plain District is defined as all areas so designated on maps entitled "Flood Insurance Rate Maps" (FIRM) and Flood Boundary and Floodway Maps" dated June 15, 1983 and as it may hereafter be amended, on file with the Town Clerk, incorporated by reference herein. EXPLANATION: The purpose of this article is to update the zoning ByLaw in accordance with the Flood Plain ByLaw adopted at the 1983 Town Meeting. Petition of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to ADOPT ARTIC~.R 99. To see if the Town will vote to amend the Zoning M~,p by deleting the following: 'FIA Flood Hazard District' and insert in its place the following: 'Flood Plain District** **Refer to designated town boards for appropriate documents regarding this district.' EXPLANATION: The purpose of this article is to update the Zoning Map in accordance with the Fl.)cd Plain ByLaw adopted at the 1983 Town Meeting. Petition of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to ADOPT ZONING ARTICLES PAGE 7 ARTICLE 100. To see if the Town will vote to amend the North Andover zoning ByLaws and Map to change from Residential-2 (R-2) to General Business (G.B.) a parcel of land located on the southeasterly side of Osgood Street consisting of 1.090 acres, more or less. The said parcel to be rezoned adjoins the northeasterly boundary of an existing general business zone parcel containing 4.4 acres, more or less. The area sought to be re-zoned is more particularly bounded and described as follows: NORTHWESTERLY One hundred eighty-three and 40/100 (183.40) feet by Osgood Street; NORTHEASTERLY Two hundred seventeen and 28/100 (217.28) feet by land now or formerly of Daniel A. McCarthy and Joanne E. McCarthy, and thirty-one and 67/100 (31.67) feet by land now or formerly of Barker Street Trust; soUTHEASTERLY One hundred sixty-three and 29/100 (14~.29) feet by the remaining portion of Lot A shown on a plan of land entitled "Plan of land located in North Andover, Massachusetts, owned by Stella Sobel and J. Albert Bradley, Trustees, scale 1" = 50', January 16, 1984, Cyr Engineering Services, Inc.; revised March 1, 1984, and recorded in the North Essex Registry of Deeds as Plan Number 9410; and SOUTHWESTERLY Three hundred twenty-three and 08/100 (323.08) feet, more or less, by land now or formerly of Angus Realty C or por at i on. Containing 47,461 square feet of land (1.090 acres), more or less. The premises sought to be re-zoned comprise a portion of the real estate conveyed to Angus Realty Corporation by deed of Stella Sobel dated February 9, 1984, recorded in the North Essex Registry of Deeds, Book 1787, Page 270. Petition of Angus Realty Corporation, and others. Under the aforesaid Article it was VOTED UNANIMOUS to ADOPT the Article as smended. The amendment being. In line 3 of the Article the deletion of General Business (G.B.) and inserting Business 2 (B 2). ZONINGARTICLES PAGE 8 ARTICLE 101. To see if the Town will vote to amend its Zoning ByLaw by changing the zoning map of the Town from I-1 to I-2 for the hereinafter described parcel of land. The "Ox Pasture" in said North Andover containing about Thirteen (13) acres, East by Essex Turnpike, South by land now of, or formerly of Farnham, West by land now of, or formerly of Atkins, North by land now of, or formerly of Real Brothers. Said premises appear as Parcel 12 on the current North Andover Assessors Map 107C. Said parcel is shown to contain 14.47 acres according to said Assessors Map and is generally bounded and described according to said Assessors Map as follows: EASTERLY by the Turnpike, so-called; SOUTHERLY by land now or formerly of Boston Hill Ski Area, Inc.; WESTERLY by land now or formerly of the Trustees of Reservations and land now or formerly of John Hancock Mutual Life Insurance Company; and NORTHERLY by land now or formerly of said John Hancock Mutual Life Insurance Company. For more detailed description of the premises see deed recorded in the North Essex Registry of Deeds, Book 1312, Page 19. Petition of Charles J. Carrell and others [~EOOMMENDATIO~: No recommendation Under the aforesaid Article it was VOTED UNANIMOUS %o ADOPT ZONING ARTICLES PAGE 9 AI{TICI~E 104. To see if the Town will vote to amend the Zoning ByLaw and zoning map rezoning the within described parcel from a R4 district to a general business district. The land in North Andover with the buildings thereon located on the westerly side of Osgood Street and bounded and described as follows: NORTHERLY: two hundred feet by land now or formerly of the China Blossom Realty Trust; EASTERLY: by the westerly line of OsgoOd Street one hundred seventy feet more or less; SOUTHERLY: two hundred feet by land now or formerly of the China Blossom Realty Trust: WESTERLY: one hundred seventy feet by land now or formerly of the Knights of Columbus. Being part of the premises described in Book 1420, Page 172 Richard Yee, Trustee of the China Blossom Realty Trust. Petition of Richard Yee, Trustee of the China Blossom Realty Trust and others Under the aforesaid Article it was VOTED UNANIMOUS to ADOPT as amended ADMEDMENT FOLLOWS AMEDMENTS AT TOWN MEETING FLOOR FOR ARTICLES 104 and 105: Both articles rezoned parcels to General Business (GB) with the following restrictions running with the land: 1. The land shall be used for parking incident to the use of the restaurant currently adjoining the premises. 2. The land rezoned hereunder shall not be further subdivided. Mature shrubs and landscaping to be installed at owner's expense in accordance with the proposed site plan, in form and extent adequate for visual and acoustic screening, by professional landscape designer. Any lighting~standards necessary to adequately serve the parking area to be installed by owner having due regard for adjacent residential properties. ZONING ARTICLES PAGE 10 ARTICLE 105. To see if the Town will vote to amend the Zoning ByLaws and zoning map rezoning the within described parcel from a R4 district to a general business district. A certain parcel of land locate~ on the westerly side of Osgood Street in said North AndOver in said County and CommOnwealth bounded and described as follows: Beginning at a point in the westerly side of said Osg~od Street at the southeasterly corner of premises now owned by the said grantee and thence running along said land of said grantee on an angle 90© 9' in the more or less westerly direction to an iron pipe at land now or formerly of the said grantor; thence turning and running at an angle of 91o in a more or less southeasterly direction to an iron pipe at land now or late of Ryan 347.33 feet: thence turning and running easterly along said Ryan land on an angle of 96o 32' 197.82 feet to an iron pipe and the westerly side of Said Osgood Street; thence turning and running in two courses along the said Westerly side of Osgood Street on a line having a radius of 1440 feet, the first course being 180.87 feet to a Massachusetts Highway bound and the second course being from said Massachusetts highway bound to the point of beginning 192.75 feet. Containing in all 71900 square feet more or less. Being the same premises conveyed to Richard Yee, Trustee of the China Blossom Realty Trust by deed of Effie C.E. Kostandin dated April 22, 1965 and recorded at North Essex District Registry of Deeds at Book 1032, Page 69~ Petition of Richard Yee, Trustee of the China Blossom Realty Trust and others. Under the aforesaid Article it was VOTED UNANIMOUS to ADOPT As amended ADMENDMENT FOLLOWS AMEDMENTS AT TOWN MEETING FLOOR FOR ARTICLES 104 and 105: Both articles rezoned parcels to General Business (GB) with the following restrictions running with the land: 1. The land shall be used for parking incident to the use of the restaurant currently adjoinihg the premises. 2. The land rezoned hereunder shall not be further subdivided. Mature shrubs and landscaping to be installed at owner's expense in accordance with the proposed site plan, in form and extent adequate for visual and acoustic screening, by professional landscape designer. Any lightings.standards necessary to adequately serve the parking area to be installed by owner having due regard for adjacent residential properties. AuG Z Il oo AH '8q Boston, Massachusetts The foregoing amendments to the zoning by-laws adopted under Articles 92, 94, 96, 97, 98, 99, 100, 101, 104 and 105 of the warrant for the North Andover Annual Town Meeting held April 28, 1984, are hereby approved. Boston, Massachusetts The within zoning map pertaining to Articles 100, 101, 104 and 105 of the warrant for the North Andover Annual Town Meeting held April 28, 1984, is hereby approved. TOWN O1~ NORTH ANDOVER HASSACHUSETTS May 10, 1984 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass. 01845 Dear Mr. Long: For your records, the Planning Board made the following recommendations for the 1984 Annual Town Meeting: ArtiCle Public Hearing 92 April 12, 1984 93 April 12, 1984 94 April 12, 1984 95 April 12, 1984 96 April 12, 1984 97 April 12, 1984 98 April 12, 1984 99~ April 12, 1984 100 April 12, 1984 101 April 12, 1984 102 April 12, 1984 103 April 12, 1984 104 April 12, 1984 April 23, 1984 105 April 12, 1984 April 23, 1984 Recommendation Favorable Withdrawn by Planning Board Favorable Withdrawn by P~anning Board Favorable Favorable Fav o r ab le Favorable Favorable Favor ab le Favorable Favorable (As amended) (As amended) (As amended) Favorable with 4 restrictions UNfavorable Mr. Daniel Long, Town Clerk May 10, 1984 Page 2 ~ 106 107 108 109 PAH/jw April 12, 1984 April 12, 1984 April 12, 1984 April 12, 1984 F aver ab le ~avorab le Favorable WithdraWn bYi petitioner Sincere ly, PLANNING BOARD Paul A. Hedstrom, Chairman ATTEST: TOWN OF NORTH ANDOVER MASSACHUSETTS May 10, 1984 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass. 01845 Dear Mr. Long: The following is a list of the members Planning Board: Paul A. Hedstrom, Esq. , Chairman Michael P. Roberts, Vice Chairman John A. James, Jr., Esq., Clerk John J. Burke Erich W. Nitzsche PAH/jw of the North Andover Sincerely, PLANNING BOARD Paul A. Hedstrom, Chairman ATTEST: TOEN CLERK ~'~ TOWN OF NORTH ANDOVER ~ASSACHUSETTS May 10, 1984 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 as required by M.G.L. Chapter 40-A, Section 5, regarding Articles 92, 94, 96, 97, 98, 99, 100, 101, 104, and 105, and passed at the April 28, 1984 Annual.Town Meeting. Sincerely, PLANNING BOARD Paul A. Hedstrom, Chairman PAH/jw ATTEST TOWN CLERK TOWN OF NORTH ANDOVER Town Clerk DEFAE~ TOWN BUILDING NO~ AN~>OVml, MASS. 0184§ M~ 9, The Honorable Francis X. Bellotti Attorney General of Massachusetts One Ashburton Place Boston, Mass. 02108 Dear Attorney General: At our Annual Town Meeting held April 28 & ~pril 30~98~ in the Veteran's Auditorium of our North Andover Middle School, the following zoning articles was voted upon and are hereby submitted for your approval. RECO~9~I~ATI~ No recommendat ion ARTICLE 92. To see if the Town will vote to amend Section 2.75 .Driveways (p.7) of the Zoning ByLaw by deleting the following: 'except by Special Permit from the Planning Board.' and adding the following: 'Subject to the granting of a Special Permit from the Planning Board, a driveway may be shared by not more than three lots. Every such shared driveway must be regulated by a recorded maintenance agreement running in perpetuity with the land.' EXPLANATION: The revision of this section allows the Planning Board to limit the sharing of one common driveway to three (3) lots by Special Permit. Petition of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to ADOPT. ZONING ARTICLES PAGE ARTI~-R 94. To see if the Town will vote to amend Section 2.38 Frontage (p.4) of Zoning ByLaw by adding the word 'continuous' to read as follows: ,~ 'The continuous distance between lot sidelines measured along the street line~,' EXPLANATION: The purpose o~f this article is to clarify the existing definition of 'frontage' by including the word continuous. Petition of the Planning Board Under the aforesaid A=ticle. it was VOTED UNANIMOUS to ADOPT. ZONING ARTICLES PAGE ARTICLE 96. , To see if the Town will vote to amend Section 7.2 Street Frontage of the Zoning ByLaw (p.41) by adding the following: '1)' Minimum street frontage ........... '2) Frontage exceptions for larger lots: notwithstanding the above provisions, a lot in any Residential Distrio~need not have the specified amount of street frontage, provided that: a. the area of the lot exceeds by three (3) times the minimum lot area required for that District; i3 b. the lot has a minimum continuous street frontage of not less than fifty (50) feet and a width of not less than fifty (50) feet at any point between the street and the site of the dwelling: c. there is not more than one other such lot with frontage contiguous to it;' d. it is not so located as to block the possible future extension of a dead end street, and e. no such lot as described above which a dwelling is located, shall be hereafter subdivided or reduced in area below the minimum area required in this section of the ByLaw.' EXPLANATION: The purpose of this article is to permit the layout of a lot possessing less than the required frontage (a minimum 50 feet) and having at least three.(3) times the area needed in that zoning district. Petition of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to ADOPT the Article . .as amended. The amendment being the deletion sub paragraph (e,) in th Article. ZONING ARTICLES PAGE A[~TIC~.~ 9~. To see if the Town will vote to amend Section 8' Supplemental Regulations, Subsection 8.1 Off Street Parking (p.48) of the Zoning ByLaw by adding Paragraph 12, Site Plan Review: to read as follows: 'For the purpose of administering the provisions of this ByLaw, to ensure the most advantageous use of all properties, and for the reasonable protection of the legitimate interests of adjoining property owners and occupants, for any new building or structure in a Business or Industrial District or for the rehabilitation of an existing building for commercial use in any district requiring more than ten (10) parking spaces in accordance with the provisions of this ByLaw, shall require a site plan prepared by a professional architect, engineer, or landscape architect, along with nine (9) copies to be submitted with the building permit application. Such plans shall be referred to the Planning Board for distribution to each appropriate town board and department for their review and recommendations. The site plan shall consist of: a) compliance with the requirements for parking and loading spaces, for lot size, frontage, yards and heights and coverage of buildings, and all other provisions of this ByLaw; b) convenience and safety of vehicular and pedestrian movement on the site, and for the location of driveway openings in relation to street traffic; c) adequacy as to the arrangement and, where not herein specified, the number of parking and loading spaces in relation to the proposed uses of the premises; d) arrangement, design and appearance of proposed buildings, structures, free-standing or ground signs, screening and landscaping; e) adequacy of the methods of the site for waste disPosal, · surface and sub-surface drainage, and lighting; f) location of wetland areas and existing and proposed topography. EXPLANATION: The purpose of this article is to require plans for business and industrial development that need more than ten (10) parking spaces, be distributed to appropriate town boards for their review and comments. This proposal will enable the Town to' take a more coordinated and planned approach to new development. Petition of the Planning Board VOTED UNANIMOUS to ADOPT the Article as amended. Amendment being by deleting the first paragraph in the Article and inserting the amended paragraph which is found on Page 5. ZONING ARTICLES PAGE 5 AMENDMENT TO ARTICLE 97: For the purpose of administering the provSsions of this Bylaw, to,.ensure the most advantageous use of all properties, and for the reasonable protection of the legitimate interests ofi~djoining property owners and occupants, for any new or rehabilitated building or structure requiring ten (I0) or more parking spaces in any Business or Industrial District, shall require a site plan prepared by a professional architect, engineer, or landscape architect, along with nine (9) copies to be submitted with the building permit application. Such plans shall be referred to the Planning Board for distributiOn~to each appropriate town board and department for their review and recommendations. The site plan shall consist of: ZONING ARTICLES PAGE 6 ARTI~m 98. To see if the Town will vote to amend the Zoning ByLaw by deleting from Section 3.2 Zoning Map (p.8) the following: $ The Flood Hazard District is defined as all areas so designated on maps entitled "FIA Flood Hazard Boundary Maps" H01-08 dated June 24, 1974 on file with Town Clerk, incorporated by reference herein and insert in its place the following: The Flood Plain District is defined as all areas so designated on maps entitled "Flood Insurance Rate Maps" (FIRM) and Flood Boundary and Floodway Maps" dated June 15, 1983 and as it may hereafter be amended, on file with the Town Clerk, incorporated by reference herein. EXPLANATION: The purpose of this article is to update the Zoning ByLaw in accordance with the Flood Plain ByLaw adopted at the 1983 Town Meeting. Petition of the Planning Board Under the aforesaid Article it was VOTED UNANIMOUS to ADOPT A~TI~.~ 99. To see if the Town will vote to amend the Zoning Map by deleting the following: 'FIA Flood Hazard District' and insert in its place the following: 'Flood Plain District** **Refer to designated town boards for appropriate documents regarding this district.' EXPLANATION: The purpose of this article is to update the Zoning Map in accordance with the Fl.)cd Plain ByLaw adopted at the 1983 Town Meeting. Petition of the Planning Board Under the aforesaid Article it vas VOTED UNANIMOUS to ADOPT ZONING ARTICLES PAGE ? ARTICLE 100.' To see if the Town will vote to amend the North Andover zoning ByLaws and Map to change from Residential-2 (R-2) to General Business (G.B.) a parcel of land located on the southeasterly side of Osgood Street consisting of 1.090 acres, more or less. The said parcel to be rezoned adjoins the northeasterly boundary of an existing genera~{~ business zone parcel containing 4.4 acres, more or less. The area sought to be re-zoned is more particularly bounded and described as follows: % NORTHWESTERLY One hundred eighty-three and 40/100 (183.40) feet by Osgood Street; NORTHEASTERLY Two hundred seventeen and 28/100 (217.28) feet by land now or formerly of Daniel A. McCarthy and Joanne E. McCarthy, and thirty-one and 67/100 (31.67) feet by land now or formerly of Barker Street Trust; soUTHEASTERLY One hundred sixty-three and 29/100 (163.29) feet by the remaining portion of Lot A shown on a plan of land entitled "Plan of land located in North Andover, Massachusetts, owned by Stella Sobel and J. Albert Bradley, Trustees, scale 1" = 50', January 16, 1984, Cyr Engineering Services, Inc.; revised March 1, 1984, and recorded in the North Essex Registryof Deeds as Plan Number 9410; and SOUTHWESTERLY Three hundred twenty-three 'and 08/100 (323.08) feet, more or less, by land now or formerly of Angus Realty Corporation. Containing 47,461 square'feet of land (1.090 acres), more or less. The premises sought to be re-zoned comprise a portion of the real estate conveyed to Angus Realty Corporation by deed of Stella Sobel dated February 9, 1984, rec°rded in the North Essex Registry of Deeds, Book 1787, Page 270. Petition of Angus Realty Corporation, and others. Under the aforesaid Article it was VOTED UNANIMOUS to ADOPT the Article as amended. The amendment being. In line 3 of the Article the deletion of General Business (G.B.) and inserting Business 2 (B 2). ~ ZONING ARTICLES PAGE 8 ARTICLE 101. To see if the Town bill vote to amend its Zoning ByLaw by chang%ng the zoning map of the Town from I-1 to I-2 for the hereinafter described parcel of land. The "Ox pasture" in said North Andover containing about Thirteen (13) acres, East by Essex Turnpike, South by land now of, or formerly of Farnham, West by land now of, or formerly of Atkins, North by land now of, or formerly of Real Brothers. Said premises appear as Parcel 12 on the current North Andover Assessors Map 107C. Said parcel is shown to contain 14.47 acres according to said Assessors Map and is generally bounded and described according to said Assessors Map as follows: EASTERLY by the Turnpike, so-called; SOUTHERLY by land now or formerly of Boston Hill,~S~i Area, Inc.; WESTERLY by land now or formerly of the TrusteeS'~ Reservations and land now or formerly of John Hancock Mutual Life Insurance Company; and NORTHERLY by land now or formerly of said John Hancock Mutual Life Insurance Company. For more detailed description of the premises se~· deed recorded in the North Essex Registry of Deeds, Book 1312,~age 19. Petition of Charles J. Carrell and others RECOMMENDATION: No recommendation Under the aforesaid Article it was VOTED UNANIMOUS to ADOPT ZONING ARTICLES PAGE 9 ARTICLE 1~4. To see if the Town will vote to amend the Zoning ByLaw and zoning map rezoning the within described parcel from a R4 district to a general business district· The land in North Andover with the buildings thereon located on the westerly side of Osgood Street and bounded and described as follows- ~-~ NORTHERLY: two hundred feet by land now or formerly of the China Blossom Realty Trust; EASTERLY: by the westerly line of Osgood Street one i hundred seventy feet more or less; '~' SOUTHERLY: two hundred feet by land now or formerly of the China Blossom Realty Trust; WESTERLY: one hundred seventy feet by land now or formerly of the Knights of Columbus. Being part of the premises described in Book 1420, Page 172 Richard Yee, Trustee of the China Blossom Realty Trust. Petition of Richard Yee, Trustee of the China Blossom Realty Trust and others Under the aforesaid Article it was VOTE~ UNANIMOUS to ADOPT as amended ADMEDMENT FOLLOWS AMEDMENTS AT TOWN MEETING FLOOR FOR ARTICLES 104 and 105: Both articles rezoned parcels t° General Business (GB) with the following restrictions running with the land: 1. The land shall be used for parking incident to the use of the restaurant currently adjoining the premises. 2. The land rezoned hereunder shall not be further subdivided. Mature shrubs and landscaping to be installed at owner's expense in accordance with the proposed site plan, in form and extent adequate for visual and acoustic screening, by professional landscape designer. Any lighting.standards necessary to adequately serve the parking area to be installed bY owner having due regard for adjacent residential properties. ZONING ARTICLES PAGE 10 ARTICLE 105.' To see if the Town will vote to a~end the Zoning ByLaws and zoning map rezoning the within described parcel from a R4 district to a general business district. A certain parcel of land located on the westerly side of Osgood Steer in said North Andover in said County and Commonwealth bounded and described as follows: ~ Beginning at a point in the westerly side of said Osg~od Street at the southeasterly corner of premises now owned by the said grantee and thence running along said land of said grantee on an angle 90o 9' in the more or less westerly direction to an iron pipe at land now or formerly of the said grantor; thence turning and running at an angle of 91o in a more or less southeasterly direction to an iron pipe at land now or late of Ryan 347.33 feet; thence turning and running easterly along said Ryan land on an angle of 96o 32' 197.82 feet to an iron pipe and the westerly side of Said OsgOod Street; thence turning and running in two courses along the said Westerly side of Osgood Street on a line having a radius of 1440 feet, the first course being 180.87 feet to a Massachusetts Highway bound and the second course being from said Massachusetts highway bound to the point of beginning 192.75 feet. Containing in all 71900 square feet more or less. Being the same premises conveyed to Richard Yee, Trustee of the China Blossom Realty Trust by deed of Effie C.E. Kostandin dated April 22, 1965 and recorded at North Essex District Registry of Deeds at Book 1032, Page 69, Petition of Richard Yee, Trustee of the China Blossom Realty Trust and others. Under the aforesaid Article it was VOTED UNANIMOUS to ADOPT As amended ADMENDMENT FOLLOWS AMEDMENTS AT TOWN MEETING FLOOR FOR ARTICLES 104 and 105: Both articles rezoned parcels to Geueral Business (GB) with the following restrictions running wit~ the land: 1, The land shall be used for parking incident to the use~of the restaurant currently adjoiniflg the premises. 2. The land rezoned hereunder shall not be further subdivided. 3. Mature shrubs and landscaping to be installed at owner's expense in accordance with the proposed site plan, in form and extent adequate for visual and acoustic screening, by professional landscape designer. Any lightings.standards necessary to adequately serve the parking area to be installed by owner having due regard for adjacent residential properties. TOWN OF NORTH ANDOVER D~e~t:L Lo~,a, Town Clerk ELECTI01~ DEPAR'I'MEN~ TO~ BUILDI~G Nay 9, 198h ZONING ARTICLES PAGE 11. All requirements of the law have been complied with. ATTEST: TOWN OF NORTH ANDOVER DANIEL LONG, Town Clerk m.r~TION TOWN BUILDING NORTH ANDOVER, MASS. 01845 M~y 9, 198~ ZONING ARTICLES PAGE 11. All requirements of the law have been complied with. ATTEST: