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HomeMy WebLinkAbout1978-06-26TOWN OF NORTH ANDOV£R D~ Lo.c, Town Clerk ELECTION DEPABTM~NT TOWN BUILDINO NOVENBER 30, 1978 STATEMENT That Articles 4 and 6 adopted at the Special Town Meeting held Monday June 26, 1978 are approved and have become effective by reason of the Attorney General failing to take action within 90 days after submission. This action Paragraph/~'f.,. A~E~: A True Copy THE ~OMMONWEALTH OF MASsAcHuSETTS DEPARtNIENT OF ThE ATTORNEY GENERAL U~JHN W, MC Og~.dA~ BTATE ~FI;'t~E BIJII-DIN~ October 4, 1978 Daniel Long Town Clerk Town of Nosth Andover l~orth Andover, MA 01845 Dear Mr. Long:' I enclose the amendment to zoning by/laws` adopted Under Article 6 of the ~.~arrant for the North Andover Special Town L;eeting held June 26, 1978, with the approval of the Attorney Ceneral endorsed thereon and on the zoning map pertaining to Article 4 with the exception that section 6.76 ~s deleted from the-sign by'law adopted under Article 6. A prohibitio~-0n all political slgn~ in section 6.76 is an infringement on the right of free speech. Commonwealth v. 327 Mass 681 (1951). ~gret ~hat I must enclose the amendment to zoning by-laws'adopted under Article 4 with the disapproval of ~he Attorney General endorsed thereon. The by-law prohibits all construction, in the watershed district except by special permit. No standards are set forth for the issuance of a perm%t. Adequate standards must be set forth. Mac Gibbo~ v. Duxbury, 356 MasS. 635, 638(1970). Veryp. truly yours, Henry 2' O'Connell ~ Assistant Attorney General By-Laws Division ~FO'C/jmc enclosure October 4, 1978 Boston, Massachusetts The foregoing amendment to zoning by-laws adopted under Article 4 of the warrant for the North Andover Special Town Meeting held June 26, 1978, is HEREBY'DISAPPROVED. /- October 4, 1978 Boston, Massachusetts The within zoning map pertaining to Article 4 of the warrant for the North Andover Special Town Meeting held June 26, 1978, is h~reb¥ approved with the exception that Section 6.76 is deleted from the sign by-law ~dopted under Article 6. A{%or ney C--ene~ al October 4, 1978 Boston, Massachusetts The foregoing amendments to zoning by-laws adopted under Articles 6 of the warrant for the North Andover Special Town Meeting held June 26, 1978, are hereby approved. DA>m~ LeNa, Town Clerk HONORABLE F~ancis X. Bellottt. Kttorney General of The 0ommonwealth Sta. te House. Boston~ Dear Mr. Bellotti: TOWN OF NORTH ANDOVER TOWN BUILDING NORTH A,woovr~. M~SS. 0184/] JUNE 27, 1978 At our Special Town Meeting held in the Veterans Auditorium of our North Andover Middle School on k'onday'June 26, 1978 at 7.30 P.M., The followingjArticles appeared in the Warrant. ARTICLE 4. (As Follows) ~ - ARTICLE 4. To see if the Town will vote t~) amend its Z~nlng Map ~' include the boundaries of the watershed as shown on the certified North Andover Watershed Map 1978 and the Zoning B~-Law by adding the following sections: 4.133 WATERSHED DISTRICT (1) Purpose: The Watershed District surrounding Lake Cochlchewick, our source of water supply, is intended to preserve and maintain the filtration and purification function of the land, the ground water table, the purity of the ground water and the lake, to conserve the natural environment and to protect the public health, safety and welfare. (2) Prohibited Uses: a. dumping trash, rubbish, garbage, wood stumps, peat, junk, or other waste materials shall be prohibited. (3) Dimensions and No Build Requirements: a. Boundaries of ~he Watershed Distri'ct are designated specifically on the certified North Andover Watershed Map 1978 and are shown on the zoning map. These maps are hereby made a part of this by:law and are on file in the office of the Town Clerk; b. When the watershed dist;rlct boundary divides a one ownership, all the zoning regulations set forth in this zon;ng by-law applying to the greater part by area of such lot so divided may by special permit be deemed to apply and govern at and beyond such watershed district boundary but only to an extend not more than one hundred (100) linear feet in depth (at a right angle to such boundary) into the lesser part by area of such lot so divided; c. A no cut buffer zone shall exist one hundred fifty (150) feet horizontally from the annual mean high water mark of Lake Cochichewlck and twenty-five (25) feet horizontally from the edge of all tributaries in the watershed; d. No construction shall occur two hundred fifty (250) feet horlzontally from the annual mean high water mark of Lake Cochichewick and one hundred {100) feet horizontally from the edge of ~11 trlbutar~es, except by special permit. The following sections shall be added to Section 2 of the Zoning By-Law and the following sections shall be renumbered accordingly: Tributary: Any portion of any brook, stream, ~og, swamp, or pond which flows into Lake Cochichewick. Mean High Water Mark: (Lake Coch]~hewlck) an elevation of 112.41 on the United States Coast and Geodetic Survey datum. No Cut Zone: An ares where no trees, shrubs, or bushes shall be cut. 2.67 2.50 2.51 Petition of the Planning Board Under the aforesaid Article it was VOTED t,o unanim6u~l~ ADO~Tothe Article. TOWN OF NORTH ANDOVER D~. Lo~o Town ELECTIOI~ DEPART~EM~ Honorable Francis X Bellotti. TOWN BUILDI~/O ~TOHTH ANDOV£R. ~IASS. 0184/$ JUNE 27, 1978 ARTICLE 6. (AS FOLLOWS) ARTICLE 6. To see if the Town will vote to amend the Zoning y-Law by adding there to the. following "Signs and Outdoor Lighting :gulations" as Sec. 6 and renumberlng the remainder of the Zoning ~'-Law accordingly: Section 6: SIGNS AND OUTDOOR LIGHTING REGULATIONS 6.1 AUTHORITY & INTERPRETATION This by-law is adopted as a general by-law pursuant to Chapter 93, Sections 29-33 inclusive, as amended, and a zoning by-law pursuant to Chapter 40A, as amended, of ' the General Laws of the Commonwealth of Massachusetts. This by-law is hereby declared to be remedial and protective, and is to be so construed and interpreted as to secure the beneficial interests and purposes defined in Section 6.2 of this by-law. 6.2 PURPOSES 6.21 The regulation and restriction of signs within the town of North Andover in order to protect and enhance the visual environment of the town for purposes of safety, convenience, information and and welfare of its residents. 6.22 The restricting Of signs and lights which overload the' public's capacity to receive int~ormation, which violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision. 6.23 To encourage signage and lighting which aid communication, orientation, identify activities, expreSS local history and character, serve educational purposes for the public good. 6.24 The reduction of visual and informational conflict among private signs and lighting and between the private and public information systems. 6.3 DEFINITIONS 6.31 ACCESSORY SIGN: A sign that advertises activities, goods, products or a specific use, owner or tenant, available within the building or on the property on which the sign is located, or advertises the property as a whole or any part thereof for sale or rent. 6.32 BUILDING FRONTAGE: The length in feet of the ground floor level of a building front or side facing a street (or facing a right-of-way accessible from a street) that is occupied by an individual busineSS. 6.33 DIRECTIONAL sION: A non-accessory sign containing no advertising and giving direction to community (nOn-commercial) activities, buildings, areas, such as churches, schools, playgrounds, museums, historical sites, public buildings, etc. ~ 6.34 DISPLAY WINDOW SIGNS: Temporary signs on the surface of or inside display windows, lighted only by the general building illumination. 6.35 ERECT: Shall mean and include to construct, place or relocate, enlarge, alter, attach, suspend and post. 6.36 FLAGPOLE: A pole erected on a roof, or. projecting from a building or structure or on the ground. 6.37 FREESTANDING SIGN: Shall mean and include any sign not attached to a building or the ground. 6.38 GROUND SIGN: Any sign erected on the ground which is self-supported and anchored to the ground. 6.39 ILLUMINATED SIGN: Illuminated sign shall mean any sign illuminated by electricity, gas or other artificial light including reflective or phosphorescent light and shall include location of source of il]umlnation. 6.310 MARQUEE: Any sheltering structure of permanent construction pro~ecting from and totally supported by the wall and/or roof of a building. 6.318 6.311 NON-ACCESSORY' SIGN: Any sign that is not an accessory sign. 6.312 PERMANENT SIGN: Any slgn permitted to be erected and maintained for more than sixty (60) days.. 6.313 PRIMARY SIGN: The principal accessory s~gn which may be avail, roof or ground sign, as allowed in Section 6.6. 6.314 PROJECTING SIGN: Any sign which is attached or suspended from a building or other structure and any part of which projects more than twelve (12)inches from the wall surface of that portion of the building or structure. 6.315 ROOF SIGN: Any sign erected, constructed and. maintained wholly upon, connected to, or over the roof or parapet of any building with the entire support on lhe roof or roof structure. 6.316 SECONDARY SIGN: Is a wall, roof or ground sign intended for the same use as a primary sign but of smaller dimensions and lettering, as allowed in Section 6.6. 6.317 sIGN: A sign is any structure, mechanically or electrically driven, still or moving device, light, letter, figure, word, model, banner, pennant, trade flag, or representation that is designed to be seen from outside the lot on which it is erected. II advertises activilies, goods, places, persons, objects, institutions, organizations, associations, businesses or events, products, services or facilities available either on the property where the sign appears or in some uther location. The definition includes electric signs in windows or doors, but does not include window displays of merchandise. A sign may be permanent or temporary. SIGN sIZE (area): The surface area of any sign is the entire area within a single continuous perimeter enclosing the extreme limits of lettering, representations, emblems, or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against wlch it is placed. Structural members bearlng no slgn copy shall not be included. 6.319 WALL ~IGN: Any sign affixed to, suspended from or painted on a wall, window, marquee or parapet. 6.4 ADMINISTRATION AND ENFORCEMENT 6.41 Enforcement. The Building Inspector is hereby TOWN OF NORTH ANDOVER D~m~ LoNe, Town Clerk ~CTIOI~ ~p~lwmNr Honorable Francis X. Bellotti. TO~VI~ BUILDINO NOnTH ANDOV£R. MASS. 01845 JUNE 27, 1978 ARTICLE 6. (eon't) 6.42 6.43 designated as the Sign Officer and is hereby charged with the enforcement of this By-Law. (a) The Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which any sign is erected or maintained in order to inspect said sign. (b) The Sign Officer is further authorized, upon notice as herein provided, to order the repair or removal of any sign which in his judgment, is a- prohibited non-acce~ory slgn~ or.is likely, to become dangerous, unsafe or in disrepair, or. which is erected or maintained contrary to this By-Law. The Sign Officer shall serve a written notice and order upon the owner of record of the premises where the sign is located and any advertiser, tenant or other person known to him having control of or a substantial interest in said sign, directing the repair or removal of the sign within a time not to exceed thirty · days after giving of such notice. If such notice and order is not obeyed within such period of time, the Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which said sign is erected or maintained and repair or remove, or cause to be repaired or removed, said sign. All expenses incurred by the Sign Officer and his duly authorized agents in repairing or removing any sign shall be assessable against any person who failed to obey said notice and order and - shall be recoverable in any court of competent juris~iiction if not paid within tl~,irty days after written notice of assessment is given by the Sign Officer to any such person. Permits. - (a) No permanent sign shall be erected, altered or enlarged until an application on the appropriate form furnished by the Sign Officer has been filed with the Sign Officer containing such information, including photographs, plans and scale drawings, as he may require, and a permit for such erection, alteration or enlargement has been issued by him. Such permit shall be issued only if the Sign Officer determines that the sign complies br will comply with all applicable provisions of this By-Law. Reports to Outdoor Advertising Board and the Public. (a) On or before May 1 in each year, the Sign Officer shall prepare and certify a list of all non-accessory signs within the Town which do not conform to the requirements of this By-Law. Such llst shall specify for each such sign the permit number, if any, the owner of record of the premises where the sign is]ocated and any advertiser, tennant or other person known to him having control of or a substantial interest in said sign, and a description of the reasonS for such nonconformance, including a citation to the applicable provisions of this By-Law. A copy of such list shall be delivered or mailed by that date to the Outdoor Advertising Board and shall be posted for a . period of at least three months, beginning on May 1 in each year. in the office of the Town 6.44 6.5 6.51 Clerk. (b) The Sign Officer shall keep records of all actions take~ pursuant to this By-Law. He shall make an anmszl report to the Town listing all such actions and any apparent violations of this By-Law. Nonconformance of Accessory Signs. Accessory signs legally erected befm~ the adoption of this By-Law which do not conform to the provisions of this By-Law may continue to be nmlntained, provided, however, that no such sign shall be permitted if it is, after the adoption of this By-Law, enlargt~, reworded (other than in the c~se of theater or c'mema signs or signs with periodically changing messages), mdeslgned or altered in any way inc]udlng repainting in a different color, except to conform to the requirements of this By-Law; and provided further ~ any such sign which has deteriorated or beed'&unaged to such an extent that the cost of restoration would exceed thirty-five percent of the replacement cost of the sign at the time of the restoration shall not be repaired or rebuilt or altered except to conform to the requirements of this By*Law. A*ny exemptio.n shall lerminate with respect to any sign which: (a) shall have be~ abandoned; (b) advertiseS ~' calls attention to any products, businesses or activities which are no longer sold or carried ~, whether generally or at the particular p~mlses; or (c) shall not Jive been repaired or properly maintained within .thirty days after notice to that effect b~ been given by the Sign Officer. ALLOWED SIGNS Residence Discticts: Accessory Signs . (a) One sign displaying the street number and]or name of tl~ occupant of the premiseS not exceeding one square foot in are~. Such sign . may inclu~i~ identification of an accessory professional office or other a~ory uses permitted in ,, residence district. (b) One unlightaI, temporary "For Sale" or "For Rent" sign not exceeding slx square feet in area and adverti~ag only the premises on which it is located; to be removed 14 days after sale, rental or lease. (c) One unlighl~l contractor's sign, not exceeding 12 square ft~t in area, maintained on the premises wl~e construction is in process and containing ~d'ormation relevant to the project. Such sign ~l~sll be removed promptly after completion ~ the construction. (d) One unlighted identification sign at each public entrance to a subdivision not exceeding 12 square feet Tm area; to be removed when the sub- division is completed. (e) One identif'Jratlon sign at each public entrance to a multi-fatally development not exceeding ] 2 square feet in area. TOWN OF NORTH ANDOVER D~'n~ LONe, Town Clerk ~.~DTIO N' DEPAR~,t~N'I' Honorable Francis X. Bellot~i. ARTICLE 6. (Con't) TOWN BUILDING ANOOVER, ESS. 01841~ 1978 5.52 6.53 (f) Bulletin or announcement hoards, identification signs or entrance markers for a church, synagogue or institution, not exceeding a combined total of 30 square feet and provided that there shall be no more than two signs allowed on the premises. One sign for a non-residential use that is a permitted use, a use allowed by special permit, or a legal non-conforming use. The sign may be no. more than one-half the area that would be allowed if the slgn were in a business or industrial district. Notwithstanding any other provisions of this By-Law, iigus may be erected for posting land; i.e. no hunting, no trespassing, etc. RESIDENCE DISTRICTS: NON-ACCESSORY SIGNS (a) Directional signs by special permit from the Board of Selectmen, limited as follows: 1. Two signs for each activity, not exceeding 6" x 30" in size. 2: Ground signs not exceeding 8 feet in height. (b) Street banners or signs advertising a public or charitab]e entertainment or event, by special permit from the Board of Selectmen. Such a sign shall be removed within 7 days after the event. BUSINESS AND INDUSTRIAL DISTRICTS: ACCESSORY SIGNS (a) All signs permitted in residence districts as provided in Sections 6.51 and 6.52. (b) Each owner, lessee or tenant shall be allowed a primary and a secondary sign. Said signs may be used as ground, wall or roof signs. No lot shall he allowed to have more thor! one ground sign structure. (c) Traffic cantxo], orientations] and guidance slgr~ located on private property, up to 4 square feet in area, displayed for purposes of direction or convenience, including signs identifying parking, fire lanes, rest rooms, freight entrances and the like. (d) Building directories (if located outside} may be affixed to the exterior wall of a building at each public entrance. Such dlrector~ shall not exceed an area determined on the basis of one square foot for each establishment occupying the building. (e) One unlighted real estate sign of up to 12 square feet pertaining to the sale, rental or ]ease of the premises; to be removed within 14 days of sale, rental or lease. (f) Service stations or garages ~nay divide the allowed wall sign area into separate, smaller wall signs indicating separate operations or departments. The allowed ground sign area may be divided between one ground sign and one . free-standing sign. Two additional primary ground signs may be allowed by speclal permit from the special permit awarding authority. Ig) Display window signs covering no more than 20 percent of the display window area. (g) (h) 6.6 6.61 SIGN REGULATIONS Illumination. No slga shall be illuminated between the hours of 12 midnight and 6:00 A.M. unless, In the case of an accessory sign, the premises on which it is located are open for busine~. Signs may be illuminated by the following means without causing hazardous conditions for motorists or offending pedestrians or neighboring premises: (a) By a steady stationary light of reasonable intensity shielded and directed solely at the sign; (b)By an internal light of reasonable intensity; or (c)By neon or gas-filled tubes. 6.62 Outdoor Lighting All temporary or permanent outdoor lights ~uch a~ those used for area lighting, building floodlighting or slgn lighting shah be steady, stationary, shielded sources directed so that the light source i~ not directly visible to any point beyond the lot lines of the premise~ 6.63 Letter Size (a) Primary signs: 1. Wall or roof sign: 112 inch of letter height allowed per foot of building frontage with maximum of 7 feet. 18 inch height allowed if building frontage is less than 36 feet. 2. Ground sign: 18 inch maximum letter height allowed. {b) Secondary si~s: 8 inch maximum letterhelght allowecL (c) Logos: Twice letter height allowed but limited to 7 foot maximum height. 6.64 Sign-Size. (a) Primary wall and roof signs attached to or part of the architectural design of a building shall not exceed, in total area, more than ten percent (10%) of the area of the two dimensional elevation of the building as deterr~ned by the building frontage multiplied by the height. (b) A primary ground sign shall be limited to one square foot for each five linear feet of street frontage of the lot on which the sign is located. All street frontages may be used in deternfining sign size. (c) A secondary sign shall be limited to one-half the area permitted for a l~rimary slem (d} Only one:side of a double-faced sign shall b~ included in calculating surface area, providing that the two display surfaces are lo;ned at an angle no greater than 45 degrees. All sides of multi-faced signs, visible from any one point, shall be included in the calculation of surface 6.65 Sign Height and Location. (a) Corner lots. The owner of the pr~mises shall be allowed to choose the street orientation of allowed sigr~ (bi No wall or roof sign shall extend more than four feet above the lowest point of the roof Of the building wlth which it is a~soclated. (c) No wall or roof sign shall overhang the public way more than 12 inches. ELECT~ON DEPARTMEN~ Honorable Francis X. BeLlotti. TOWN OF NORTH ANDOVER ARTICLE 6. (Con't) (d) Ground signs shall be set back a minimum of ten feet from all property lines and a minimum of 40 feet from all residential districts or structures and shall be limited in height to 20 feet above grade. 6.7 PROHIBITION8 6.71 No sign shall contain any moving, flashing or animated lights, or visible moving or moveable paxts, except such portions of a sign as consist solely of indicators of time and/or temperature, or which have historic significance. 6.72 No sign shall be erected, displayed or maintained: (a) Upon any rock, tree, fence or utility pole; (b) If it contains any obscene, indecent or immoral matter; (e) Unless all parts and attachments and the ground about the base thereof are kept in neat and safe' condition. 6.73 No sign shall be permitted or allowed to be so located as to obstruct a view of the rights of way at a corner of intersecting streets or at an entrance to a street. 6.74 No sign shall obstruct any means of egress from a building. 6.75 No sign shall detract from the effectiveness of a traffic signal. 6.76 Ho political sign shall be maintained or erected in the town. 6.77 Pro]ectlng signs are prohibited. 6.78 Non-accessory signs are prohibited except for directional signs as allowed in Section 6.52. 6.8 SEVERABILITY The invalidity of any section or provision of this By-Law shall not invalidate any other section, or provision hereof. Petition of the Planning Boaxd TO1Vi~ BUILDI1VO 'IVOI~TH ANDOV£R, ~,~ASS. ~01845 Under the aforesaid Article it was VOTED ~nanimously to ADOPT the Article. Ail requirements of the law have been complied ~ith. ATTEST: A TRUE~COPY (---~gANI EL LONG TOWN CL~ TOWN OF NORTH ANDOVER D~v~, LoNc, Town Clerk ELECTION DEPARTM~I~ TOW'Iq BUILDING NORTH, ANDOVER. MASS. 01545 NOVemBER 30, 1978 STATEMENT That Articles 4 and 6 adopted at the Special Town Meeting held Monday June 26, 1978 are approved and have become effective by reason of the Attorney General failing to tare action within 90 days after submission. This action taking under Chapter 40, Section 32, Paragra~h~. /% ATTEST: A True CoDF TOWN OF NORTH ANDOVER DAh'm~ Lores, Town Clerk ELEC'I'ION' DI~ARTM~I~ TOWN BUILDIN(~ Notll'l~ Isvo~'il~, ~ixss, 01545 NOVE~BER 30, 1978 STATEMENT That Articles 4 and 6 adopted at the Special Town Meeting held Monday June 26, 1978 are approved and have become effective by reason of the Attorney General failing to take action within 90 days after submission. This action taking under Chapter 40, Section 32, paragra~h~. ATTEST: A True Copy ~o~n Clerk Fp. Abll~ll~ X. GELLI~i'I'TI TH£ C. OMMONWEAt. TH OF MASSACHUSETTS DEPARTMENT OF THE ATTORNEY GENERAL U~HN W, MC DO~4AC:K ~-rATE OFFlOE BUII.OIN~ October 4, 1978 Daniel Long Town Clerk Town of Nqrth Andover i'~orth Andover, MA 01845 Dear Mr. Long:~ I enclose the amendment to zoning by/laws'adopted under ' Article 6 of the warrant for th'e North Andover Special Town ~;ceting held June 26, 1978, with the approval of the Attorney Ceneral endorsed thereon and on the zoning map pertaining to Article 4 with the exception that ~ect{on 6.76 Js deleted from the':~ign by-law ad©pt~:d under Art~c].e 6. A prohibitioh ~6n all political sign~ in section 6.76 is an infringement on the right of free speech. Commonwealth v. ~, 327 Mass 681 (1951). I ~gret that I must enclose the amendment to zoning by-laws adopted under Article 4 wi~h the disapproval of the Attorney General endorsed thereon. The by-law prohibits all construction in the watershed district except by special permit. No standards are set forth for the issuance of a perm%t. Adequate standards must be set forth. Mac Gibbon v. Duxbury, 356 Mass. 635, 638(1970). Very truly yours, ' H~nry ~. O,Connell n Assistant Attorney Ge eral By-Laws Division ~qFO' C/jmc enclosure October 4, 1978 Boston, Massachusetts The foregoing amendment %o zoning by-laws adopted under Article 4 of the warrant for the North Andover Special Town Meeting held June 26, 1978, is HEREBY'DISAPPROVED- · ~ t~ey General October 4, 1978 Boston, Massachusetts The within zoning map pertaining to Article 4 of the warrant for the North Andover Special Town Meeting held june 26, 1978, is h~eby approved with the exception that Section 6.76 is deleted from the sign by-law ~dopted under Article 6. /~/~{~or!~y General October 4, 1978 Boston, Massachusetts The foregoing amendments to zoning by-laws adopted under Articles 6 of the warrant for the North Andover Special Town Meeting held june 26, 1978, are hereby approved. DA.',q~L tON(l, Town CJerk HONORABLE Francis X. Bello5bi. ~b~orney General of ~e Co~on~ealSh Sta-t e House. Boston, Mass. TOWN OF NORTH ANDOVER TOWN' BUILDING Nopsi .4.,~DO¥£R. lfiSS. 01S4/J JUNE 27, 1~78 Dear Mr. Bellotti: At our Special Town Meeting held in the Veterans Auditorium of our North Andover Middle School on Monday June 26, 1978 at 7.30 P.M., The followingjArticles appeared in the Warrant. ARTICLE 4. (As Follows) '~,~.- ARTICLE- 4. To see if the Town will vote ts amend its Zoning Map ~' include the boundaries of the watershed as shown on the certified North Andover Watershed Map 1978 and the Zoning B~~Law by adding the following sections: 4.133 WATERSHED DISTRICT (1) Purpose: The Watershed District surrounding Lake Cochichewick, our source of water supply, is intended to preserve and maintain the filtration and purification function of the land, the ground water table, the purity of the ground water and the lake, to conserve the natural environment and to protect the public health, safety and welfare. (2) Prohibited Uses: a. dumping trash, rubbish, garbage, wood stumps, peat, junk, or other waste materials shall be prohibited. (3) Dimensions and No Build Requirements: a. Boundaries of the Watershed Dis:rfc: are designated specifically on the certified North Andover Watershed Map 1978 and are shown on the zoning map. These maps are hereby made a part of this byqaw and are on file in the office of ~- the Town Clerk; b. When the watershed district boundary divides a lot of record on June 26t 1978 in -one ownership, all the zoning regulations set forth in this zoning by-law applying to the greater part by area of such lot so divided may by special permit be deemed to apply and govern at and beyond such watershed district boundary but only to an extend not more than one hundred (100) linear feet in depth (at a right ar~gle to such boundary) into the lesser part by area of such lot so divided; c. A no cut buffer zone shall exist one hundred fifty (]50) feet horizontally from the annnal mean high water mark of Lake Cochichewick and twenty-five (25) feet horizontally from the edge of all tributaries in the watershed; d. No construction shall occur two hundred fifty (250) feet horizontally from the annual mean high water mark of Lake Cochichewick and one hundred (100) feet horizontally from the edge of all tributaries, except by special permit. The following sections shall be added to Section 2 of the Zoning By-Law and the following sections shall be renumbered accordingly: 2.67 Tributary: Any portion of any brook, stream, bog, swamp, or pond which flows into Lake Cochlchewlck. 2.50 Mean High Water Mark: (Lake Coch~hewlck) an elevation of 112.41 on the United States Coast and Geodetic Sur~ey datum. 2.51 No Cut Zone: An area where no trees, shrubs, or bushes shall be cut. ldetition of the Planning Board Under the aforesaid Article it was V~ED ~o unani~6bsl~ ADO~Tothe Article. TOWN OF NOP,TH ANDOVEP. Dx~u~, LONe-, Town CTer~ ELECTION DEPAET~NT Honorable Francis X BellottAo TOWN BUILDn~O ANDOVEn, ~.ASS. 01845 JUN~ 27, 1978 ARTICLE 6. (AS FOLLOWS) ARTICLE 6. To see if the Town will vote to amend the Zoning :,.--Law by adding there to the. following "Signs and Outdoor Lighting ~ulations" as Sec. 6 and renumbering the remainder of the Zoning :--Law accordingly: Section 6: SIGNS AND OUTDOOR LIGHTING REGULATIONS 6.1 AUTHORITY & INTERPRETATION This by-law is adopted as a general by-law pursuant to Chapter 93, Sections 29-33 inclusive, as amended, and a zoning by-law pursuant to Chapter 40A, as amended, of ~ the General Laws of the Commonwealth of Massachusetts. This by-law is hereby declared to be remedial and protective, and is to be so construed and interpreted as to secure the beneficial interesis and purposes defined in Section 6.2 of this by-law. 6.2 PURPOSES 6.21 The regulation and restriction of signs within the town of North Andover in order to protect and enhance the visual environment of the town for purposes of safety, convenience, information end and welfare of its res]den~, 6.22 The restricting of signs and lights which overload the' public's capacity to receive information, which violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision. 6.23 To encourage signage and lighting which aid communication, orientation, identify activities, express local history and character, serve educational purposes for the public good. 6.24 The reduction of visual and informational conflict among private signs and lighting and between the private and public information systemS. 6.3 DEFINITIONS 6.31 ACCESSORY SIGN: A sign that advertises activities, goods, products or a specific use, owner or tenant, available within the building or on the property on which the sign is located, or advertises the property as a whole or any part thereof for sale or rent. 6.32 BUILDING FRONTAGE: The length in feet of the ground floor level of a building front or side facing a street (or facing a right-of-way accessible from a street) that is occupied by an individual business. 6.33 DIRECTIONAL SIGN: A non-accessory sign containing no advertising and giving direction to community (non-commercial) activities, buildings, areaS, such as churches, schools, play~ounds, museums, historical sites, public buildings, etc. 6.34 DISPLAY WINDOW SIGNS: Temporary signs on the surface of or inside display windows, lighted only by the general building illumination. 6.35 ERECT: Shall mean and include to construct, place or relocate, enlarge, alter, attach, suspend and post. 6.36 FLAGPOLE: A pole erected on a roof, or-projecting from a building or structure or on the ground. 6.37 FREESTANDING SIGN: Shall mean and include any sign not attached to a building or the ground. 6.38 GROUND SIGN: Any sign erected on the ground which is self-supported and anchored to the ground. 6.39 ILLUMINATED SIGN: Illuminated sign shall mean any sign illuminated by electricity, gas or other artificial light including reflective or phospherescent light and shall include loc~tion of source of illumination. 6.310 MARQUEE: Any sheltering structure of permanent construction projecting from and totally supported by the wall and/or roof of a building. 6.311 6.312 6.313 6.319 6.4 6.41 NON-ACCESSORY' SIGN: Any sign th~. is not accessory sign. PERMANENT sIGN: Any sign permitted to be ere4 and maintained for more than sixty (60) day~. PRIMARY SIGN: The principal accessov~ sign may be a wall, roof or g~ound slgn, as allowed in Sec 6.6. 6.314 PROJECTING SIGN: Any sign which is att~chei suspended from a building or other ~ructure and p~rt of which projects more than twelve (12)in, from the wall surface of that portion of ~ buildh structure. 6.315 ROOF SIGN: Any sign erected, constructed maintained wholly upon, connected to, or o~er the or parapet of any building with the enlhe support roof or roof structure. 6.316 SECONDARY SIGN: Is a wall, roof or ground intended for the same use as a primaO' sign bu smaller dimensions and lettering, as allowed in Sec 6.6. 6.317 SIGN: A slg~ is any structure, meelmnlcally electrically driven, still or moving device, light, le figure, word, model, banner, pennan~ trade representation that is designed to be seen from oui the lot on which it is erected. It advertises acfiv' goods, places, persons, objects., instiiuf organizations, assot;iations, businesses or ev, products, services or facilities available either on property where the sign appears or in some location. The definition includes electric sign windows or doors, but does not include window dlM of merchandise. A slgn may be permanent or tempo 6.318 sIGN SIZE (area): The surface area of any sign entire area w~thin a single continuous peri~ enclosing the extreme limits of lettering, rep~e~enta! emblems, or other figures, together with any materi color forming an integral part of the dlspla3' or us4 differentiate the sign from the background zgainst it is placed, l~ructura] members bearing no sign shall not be included. WALL SIGN: .any slgn affixed to, suspended fro pain[ed on a wall, window, marquee or parapet. ADMINISTRATION AND ENFORCEMEN~ Enforcement. The Building Inspecto~ is hi Honorable Francis X. Bellotti. TOWN OF NORTH ANDOVER ~ D~r~ LONe, Tow~ Cler~ ~3T/O N D~PA~TM~NT ARTICLE TOWN' BUILDINO ANDOVER. MASS. 01845 JUNE 27, 1978 6.42 6.43 designated as the Sign Officer and is hereby charged with the enforcement of this Blt-Law. (a) The Sign Officer and his duly authorized agents shall, at re,enable times and upon presentation of credentials, have the power to enter upon the premises on which any sign is erected or maintained in order to inspect said sign. (b) The Sign Officer is further authorized, upon notice as herein provided, to order the repair or removal of any sign which in his judgment, is a prohibited non-accessory sign~ or is likely, to become dangerous, unsafe or in disrepair, or. which is erected or maintained contrary to this By-Law. The Sign Officer shah serve a written notice and order upon the owner of record of the premises where the sign is located and any advertiser, tenant or other person known to him having control of or a substantial interest in said sign, directing the repair or removal of the sign within a time not to exceed thirty · days after giving of such notice. If such notice and order is not obeyed within such period of time, the Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which said sign is erected or maintained and repair or remove, or cause to be repaired or removed, said sign. Ali expenses incurred by the Sign Officer and his duly authorized agents in repairing or removing any sign shall be assessable against any person who failed to obey said notice and order and she31 be recoverable in any court of competent jurisdiction if not paid within thirty days after written notice of assessment is given by the Sign Officer to any such person. Permits. (al No permanent sign shall be erected, altered or enlarged until an application on the appropriate form furnished by the Sign Officer has been filed with the Sign Officer containing such information, including photogr, aphs, plans and scale drawings, as he may reqmre, ~.nd a permit for such erection, alteration or enlargement has been issued by him. Such permit shall be issued only if the Sign Officer determines that the sign complies br will comply with all applicable proviaons of this By-Law. Reports to Outdoor Advertising Board and the Public. (a) On or before May 1 in each year, the Sign Officer shall prepare and certify a list of all non-accessorY signs within the Town which do not conform to the requirements of this By-Law. Such list shah specify for each such sign the permit number, if any, the owner of record of the premises where the slgn is located and any advertiser, tennant or other person known to him having control of or a substantial interest in said sign, and a description of the reasons for such nonconformance, including a citation to the applicable provisions of this By-Law. A copy of such llst shall be delivered or mailed by that date to the Outdoor Advertising Board and shall be posted for a period of at least three months, beginning on May 1 in each year, in the office of the Town 6.44 6.5 · 6.51 Clerk. (b) The Sign Officer shall keep records of aH actions taken pursuant to this By-Law. He shall make an annual report to the Town listing aH such actions and any apparent violations of this By-Law. Non-conformance of Accessory Signs. Accessory signs legally erected before the adoption of this By-Law which do not conform to the provisions of this By-Law may continue to be maintained, provided, however, that no such sign shah be permitted if it is, after the adoption of this By-Law, enlarged, reworded (other than in the case of theater or cinema signs or signs with periodically changing messages), redesigned or altered in any way including repalnting in a different color, except to conform to the requirements of this By-Law; and provided further that any such sign which has deteriorated or beefi~damaged to such an extent that the cost of restoration would exceed thirty-five percent of the replacement cost of the sign at the time of the restoration shaI1 not be repaired or rebuilt or altered except to conform to the requirements of this By-Law. Any exempfio0 shall terminate with respect to any sign which: (al shall have been abandoned; (b) advertises or calls attention to any product~, businesses or activities which are no longer sold or carried on, whether generally or at the particular premises; or (el shah not have been repaired or properly maintained within .thirty days after notice to that effect has been given by the Sign Officer· ALLOWED SIGNS Residence Disctlcts: Accessory Signs . (al One slgn displaying the street number and]or name of the occupant of the premises not exceeding one square foot in area· Such sign · may include identification of an accessory professional office or other accessory uses permitted in a residence d/strict. (b) One unlighted, temporary "For Sale" or "For Rent" sign not exceeding six square feet in area and advertising only the premises on which it is located;to be removed 14 days after sale, rental or lease. (c) One unlighted contractor's sign, not exceeding 12 square feet in area, maintained on the premises while construction is in process and containing information relevant to the p~oject, Such sign shall be removed promptly after completion of the construction. (d) One unlighted identification sign at each public entrance to a subdivision not exceeding 12 square feet in area; to be removed when the sub- division is completed. (el One identification sign at each public entrance to a multi-family development not exceeding 12 square feet in area. D~rl~. Loach, Town Clerk Honorable Francis Xo Bellottio ARTICLE 6. TOWN OF NORTH ANDOVER TOWN BUILDINO ANDOVEn, ]~fASS. 01845 JUNE 27, 1978 5.52 6.53 (0 (h) Bulletin or announcement boards, identification signs or entrance markers for a church, synagogue or institution, not exceeding a combined total of 30 square feet and provided that there shall be no more than two signs allowed on the premises. One sign for a non-residential use that is a permitted use, a use allowed by speclal permit, or a legal non-conforming use. The sign may be no more than one-half the area that would be allowed if the sign were in a business or industrial district. ]qotwlths.tanding any other provisions of this By-Law, signs may be erected for post{nd ]and; i.e. no hunting, no trespassing, etc. RESIDENCE DISTRICTS: NON-ACCESSORY SIGNS (al Directional signs by special permit from the Board of Selectmen, limited as follows: 1. Two signs for each activity, not exceeding 6" x 30" in size. 2: Ground signs not exceeding 8 feet in height. (b) Street banners or signs advertising a public or charitable entertainment or event, by special permit from the Board of Selectmen. Such a sign shall be removed within 7 days after the event. BUSINESS AND INDUSTRIAL DISTRICTS: ACCESSORY SIGNS (al All signs permitted in residence districts as provided in Sections 6.51 and 6.52. (b) Each owner, lessee or tenant shall be allowed a primary and a secondary sign. Said signs may be used as ground, wall or roof signs. No lot shall be allowed to have more than one ground sign structure. (el Traffic control, orientationa] and guidance signs located on private property, up to 4 square feet in area, displayed for purposes of direction or convenience, including signs identifying parking, fire lanes, rest rooms, freight entrances and the like. (d) Building directories (if located outside) may be affixed to the exterior wall of a building at each public entrance. Such directory' shall not exceed an area determined on the basis of one square foot for each establishment occupying the building. (el One unlighted real estate sign of up to 12 square feet pertaining to the sale, rental or lease of the premises; to be removed within 14 days of sale, rental or lease. (fl Service stations or garages may divide the allowed wall sign area into separate, smaller wall signs indicating separate operations or departments. The allowed ground sign area may be divided between one ground sign and one . free-standing sign. Two additional primary ground signs may be allowed by special permit from the special permit awarding authority. (g) Display window signs covering no more than 20 percent of the display window area. 6.6 SIGN REGULATIONS 6.61 IlIuminatlon. No sign shall be illuminated between the hours of 12 midnight and 6:00 A.M. unless, in the ease of an accessory sign, the premises on which it is located are open for business. Signs may be illuminated by the following means without causing hazardous conditions for motorista or offending pedestrians or neighboring premise, a: (a) By a steady stationary light of reasonable intensity shielded and directed solely at the sign; (b) By an internal light of reasonable intensity; or (el By neon or gas-filled tuhe~. 6.62 Outdoor Lighting All temporary or permanent ou~oor lights such as those used for area lighting, building floodlighting or sign lighting shall be steady, stationary, shielded sources directed so that the light source is not directly visible to any point beyond the lot lines of the premises. 6.63 Letter Size (al Primary signs: 1. Wall or roof sign: 1/2 inch of letter height allowed per foot of building frontage with maximum of 7 feet 18 inch height allowed if building frontage is less than 36 feet. 2. Ground sign: 18 inch maximum letter height allowed. (b) Secondary signs: 8 inch maximum letter height allowed. (c) Log'os: Twice letter height allowed but limited to ? foot maximum height. 6.64 Sign Size. {al Primary wall and roof signs attached to or part of the architectural design of a building shall not exceed, in total area, more than ten percent (10%) of the area of the two dimensional elevation of the building as determined by the building frontage mu]tlplied by the height. (b) A primary ground sign shall be limited to one square foot for each five linear feet of street frontage of the lot on which the sign is located. Ali street frontages may be used in determining sign (e) A secondary sign shall be limited to one-half the area permitted for a primary sign. (d) Onl~ one:side of a double-faced sign shall he included in calculating surface area, providing that the two display surfaces are joined at an angle no greater than 45 degrees. All sides of multi-faced signs, visible from any one point, shall be included in the calculation of surface 6.65 Sig~ jl'elght and Location. (a} Corner lots. The owner of the prSmlses shall be allowed to choose the street orientation of allowed signs. (b) No m~a]l or roof sign shall extend more than four feet above the lowest point of the roof of the building with which it is associated. (c) No wall or roof sign shall overhang the public way more than 12 inched. ELECTION DEPARTMEN~ Honorable Francis X. Bellottt. TOWN OF NORTH ANDOVER ARTICLE 6. (Con't) (d) Oround signs shall be set back a minimum of ten feet from all property lines and a minimum of 40 feet from all residential dlstrict~ or structures and shall be limited in height to 20 feet above grade. 6.7 PROHIBITIONS 6.71 No sign shall contain any moving, flashing or animated lights, or visible moving or moveable p~rts, except such portions of a sign as consist solely of indicators of time and/or temperature, or which have historic significance. 6.72 No sign shall be erected, displayed or maintained: (a) Upon any rock, tree, fence or utility pole; (b) If it contains any obscene, indecent or immoral matter; (c) Unless all parts and attachments and the ground about the base thereof are kept in neat and safe condition. 6.73 No sign shall be permitted or allowed to be so located as to obstruct a view of the rights of way at a corner of intersecting streets or at an entrance to a street. 6.74 No sign shall obstruct any means of egress from a building. 6.75 No sign shall detract from the effectiveness of a traffic signal. 6.76 No political sign shall be maintained or erected in the town. 6.77 Projecting signs are prohibited. 6.78 Non-accessory signs are prohibited except for directional signs as allowed in Section 6.52. 6.8 SEVERABIL1TY The invalidity of any section or provision of this By-Law shall not invalidate any other section, or provision hereof. Petition of the Planning Board TOwRI BUILDINO No~'r~ ANt)OVER, I~fAss. 018.45 JUNE 27, 1978 Under the aforesaid Article it was VOTED ~manimously to ADOPT the Article. All requirements of the law have been co~plied with. ATTEST: A TRUE~COPY t-~DANIEL LONG T~gN CLEEK F'I~AN(~IEi Xo 8rLLI3?"I'I THE COMMONWEALTH Of MASSACHUSETTS DEPARTMENT OF THE ATTORNEY GENERAL JOHN W, Mc CORMAI~K ~TAT[ rIFF'ICI BUILOINO ON[ ABHBURTrtN PI. AC[, BOBTI3N O~IOB October 10, 1978 Daniel Long Town Clerk Town of North Andover North Andover, MA Dear Mr. Long: I enclose the amendment to zoning by-laws adopted under Article 5 of the warrant for the North Andover Special Town Meeting held June 26, 1978, with the approval of the Attorney General endorsed thereon and on the zoning map pertaining thereto. HFO'C/jmc enclosure Very truly yours, ~ O'Connell Assistant Attorney General By-Laws Division THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE ATTORNEY GENERAL JOHN W,, Ma O~I'..4A~K I~T~,T~ ~.lrFla£ I~UILDINI3 ON_E' ,&SHI:]IJRTON PL.AO~, I~Q, STON OZ. IOB October 10, 1978 Daniel Long Town Clerk Town of North Andover North Andover, MA Dear Mr. Long: I enclose the amendment to zoning by-laws adopted under Article 5 of the warrant for the North And6ver Special Town Meeting held June 26, 1978, with the approval of the Attorney General endorsed thereon and on the zoning map pertaining thereto. HFO'C/j~nc e~lc] osure Very truly yours, Assistant Attorney General By-Laws Division October 10, 1978 Boston, Massachusetts The foregoing amendment_to zoning by-laws adopted under Article 5 of the warrant for the North Andover Special Town Meeting held June 26, 1978, is hereby approved. TOWN OF NORTH ANDOVER D~m~ LoNe, Town Clerk ELECTION' DL-'PAR~I~T STATEEENT TOWN' BUILDIN'O AI~DOVZR, MASS. 01845 NOVEMBER 30, 1978 That Articles 4 and 6 adopted at the Special Town Meeting held Monday June 26, 1978 are approved and have become effective by reason of the Attorney General failing to take action within 90 days after submission. This action ta~ing under Chapter 40, Section 32, Paragra~h~ ~f7~D~niel L6n~'~/ / / Town Clerk  DA.~mL LO~O, Town Clerk o.~^.,~ ~.~ ELECT~ON DEPAET~dEN? HONORABLE Francis X. Bellotti. Attorney General of The Com~nonwealth State House. Boston, Mass. TOWN OF NORTH ANDOVER TOW1V BUILDING JUNE 27, 1978 Dear Mr. Bel!otti: At our Special Town Meetin~ held in the Veterans Auditorium of our North Andover Niddle School on Monday'June 26, 1978 at 7.30 P.M., The following.'Articles appeared in the Warrant. ARTICLE 4. (As Follows) '.~ ' ARTICLE 4. To see if the Town will vo~ t~ amend its Zoning Map ~' include the boundaries of the watershed as shown on the certified North Andover Watershed Map 1978 and the Zoning Bs-Law by adding the following sections: 4.133 WATERSHED DISTRICT (1) Purpose: The Watershed District su/vounding Lake Cochichewick, our source of water supply, is intended to preserve and maintain the filtration and purification function of the lend, the ground water table, the purity of the ground water and the lake, to conserve the natural environment and to protect the public health, safety and welfare. (2) Prohibited Uses: a. dumping trash, rubbish, garbage, wood stumps, peat, junk, or other waste materials shall be prohibited. (3) Dimensions and No Build Requirements: a. Boundaries of the Watershed Distri~:t are designated specifically on the certified North Andover Watershed Map 1978 and are shown on the zoning map. These maps are hereby made a part of this byqaw and are on file in the office of '~ the Town Clerk; b. When the watershed district boundary divides a lot of record on June 26, 1978 in. one ownership, all the zoning regulations set forth in this zoning by-law applying to the greater part by area of such lot so divided may by special permit be deemed to apply and govern at and beyond such watershed district boundary but only to an extend not more than one hundred (100) linear feet in depth (at a right angle to such boundary) into the lesser part by area of such lot so divided; c. A no cut buffer zone shall exist one hundred fifty (150) feet horizontally from the annual mean high water mark of Lake Cochichewick and twenty-five (25) feet horizontally from the edge of all lributaries in the watershed; d. No construction shall occur two hundred fifty (250) feet horizontally from the annual mean high water mark of Lake Cochlchewick and one hundred (100) feet horizontally from the edge of all tributaries, except by special permit. The following sections shall be added to Section 2 of the Zoning By-Law and the following sections shall be renumbered accordingly: 2.67 Tribntary: Any portion of any brook, stream, bog, swamp, or pond which flows into Lake Cochichew. i_ck. 2.50 Mean High Water Mark: (Lake Cochichewick) an elevation of 112.41 on the United Slates Coast and Geodetic Survey datum. 2.51 No Cut Zone: An area where no trees, shrubs, or bushes shall be cut. Petition of the Planning Board Under the aforesaid Article it was VOTED t,o unanlmBusl~ ADOPT,the Article. TOWN OF NORTH ANDOVER D~z,,z~ LONe, Town Clerk E7.~.~ TI oH DEPART]~N? TOWN BUILDING . NORTH ANDOVER. MlSg. 018415 Honorable Francis X Bellotti. ~UNE 27, 1978 ARTICLE 6. (AS FOLLOWS) ARTICLE 6. To see if the Town will vote to amend the Zoning y-Law by adding there to the. following "Signs and Outdoor Lighting _gulatlons" as Sec. 6 and renumbering the remainder of the Zoning ~,-Lsw accordingly: Section 6.1 6.310 6: SIGNS AND OUTDOOR LIGHTING REGULATIONS AUTHORITY & INTERPRETATION This by-law is adopted as a general by-law pursuant to Chapter 93, Sections 29-33 inclusive, as amended, and a zoning by-law pursuant to Chapter 40A, as amended, of the General Laws of the Commonwealth of Massachusetts. This by-law is hereby declared to be remedial and protective, and is to be so construed and interpreted as to secure the beneficial interests and purposes defined in Section 6.2 of this by-]aw. 6.2 PURPOSES 6.21 The regulation and restriction of signs within the town of North Andover in order to protect and enhance the visual environment of the town for purposes of safety, convenience, information and and welfare of its residents. 6.22 The restricting of signs and lights which overload the' public's capacity to receive information, which violate privacy, or which increase the probability of aeeidenLs by distracting attention or obstructing vision. 6.23 To encourage signage and lighting which aid communication, orientation, identify activities, express local history and character, serve educational purposes for the public good. 6.24 The reduction of visual and informational conflict among private signs and lighting and between the private and public information systems. 6.3 DEFINITIONS 6.31 ACCESSORY SIGN: A sign that advertises activities, goods, products or a specific use, owner or tenant, available within the building or on the property on which the sign is located, or advertises the property as a whole or any part thereof for sale or rent. 6.32 BUILDING FRONTAGE: The length in feet of the ground floor level of a building front or side facing a street (or facing a right-of-way accessible from a street) that is occupied by an individual business. 6.33 DIRECTIONAL SIGN: A non-accessory sign containing no advertising and giving direction to community (non-commercial) activities, buildings, areas, such as churches, schools, playgrounds, museums, historical sites, public buildings, etc. 6.34 DISPLAY WINDOW SIGNS: Temporary signs on the surface of or inside display windows, lighted only by the general building illumination. 6.35 ERECT: Shall mean and include to construct, place or relocate, enlarge, alter, attach, suspend and post. 6.36 FLAGPOLE: A pole erected on a roof, or-projecting from a building or structure or on the ground. 6.37 FREESTANDING SIGN: Shall mean and include any sign not attached to a building or the ground. 6.38 GROUND SIGN: Any sign erected on the ground which is self-supported and anchored to the ground. 6.39 ILLUMINATED SIGN: Illuminated sign shall mean any sign illuminated by electricity, gas or other artificial light including reflective or phospherescent light and shall include location of source of illumination. MARQUEE: Any sheltering structure of permanent construction projecting from and totally supported by the wall and/or roof of a building. 6.311 6.312 6.313 6.314 6.315 6.316 6.317 6.318 6.319 6.4 6.41 NON-ACCESS(~RY SIGN: Any sign that is not an accessory sign. PERMANENT SIGN: Any sign permitted to be erected and maintained for more than sixty (60) days. PRIMARY SIGN: The principal accessory sign which may be a wall, roof or ground sign, as allowed in Section 6.6. PROJECTING SIGN: Any sign which is attached or suspended from a building or other structure and any part of which projects more than twelve (12) inches from the walt surface of that portion of the building or structure. ROOF SIGN: Any sign erected, constructed and. maintained wholly upon, connected to, or over the roof or parapet of any bui]dlng with the entire support on the roof or roof structure. SECONDARY SIGN: Is a wall, roof or ground sign intended for the same use as a primary sign but of smaller dimensions and lettering, as allowed in Section 6.6. SIGN: A sign is any structure, mechanically or electrically driven, still or moving device, light, letter, figure, word, model, banner, pennant, trade flag, or representation that is designed to be seen from outside the lot on which it is erected. It advertises activilles, goods, places, persons, objects, institulions, organizations, associations, businesses or events, products, services or facilities available either on the property where the sign appears or in some other location. The definition includes electric signs in windows or doors, but does not include window displays of merchandise. A sign may be permanent or temporary. SIGN sIZE (area): The surface area of any sign is the entire area within a single continuous perimeter enclosing the extreme limits of lettering, representations, emblems, or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against wieh it is placed. Structural members bearing no sign copy shall not be included. WALL SIGN: Any sign affixed to, suspended from or painted on a wall, window, marquee or parapet. ADMINISTRATION AND ENFORCEMENT Enforcement. The Building Inspector is hereby 6.42 6.43 TOWN OF NORTH ANDOVER DA.'~L LoNa; Town Clerk ELECTION DEPAI~TIKE~ TOWN' BUILDING ANDOYER, MASS. 01845 Honorable Francis X. Bellotti. JUNE 27, 1978 ARTICLE 6. (eon't) designated as the Sign Officer and is hereby charged with the enforcement of this By-Law. (a) The Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which any sign is erected or maintained in order to inspect said sign. (b) The Sign Officer is further authorized, upon notice as herein provided, to order the repair or removal of any si~n which in his judgment is a. prohibited non-accessory sign, or is likely, to become dangerous, unsafe or in disrepair, or. which is erected or maintained contrary to this By-Law. The Sign Officer shall serve a written notice and order upon the owner of record of the premises where the sign is located and any advertiser, tenant or other person known to him having control of or a substantial interest in said sign, directing the repair or removal of the sign within a time not to exceed thi~y days after giving of such notice. If such notice and order is not obeyed within such period of time, the Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which said sign is erected or maintained and repair or remove, or cause to be repaked or removed, said sign. All expenses incurred by the Sign Officer and his duly authorized agents in repairing or removing any sign shall be assessable against any person who failed to obey said notice and order and shah be recoverable in any court of competent jurisdiction if not paid within thirty days after written notice of assessment is given by the Sign Officer to any such person. Permits. . (a) No permanent sign shall be erected, altered or enlarged until an application on the appropriate form furnished by the Sign Officer has been filed with the Sign Officer containing such information, including photographs, plans and :~ scale drawings, as he may require, and a permit for such erection, alteration or enlargement has been issued by h~m. Such permit shall he issued only if the Sign Officer determines that the sign complies Or will comply with all applicable provisions of this By-Law. Reports to Outdoor Advertising Board and the Public. (a) On or before May 1 in each year, the Sign Officer shall prepare and certify a list of all non-accessory signs within the Town which do not conform to the requirements of this By-Law. Such list shall specify for each such sign the permit number, if any, the owner of record of the premises where the sign is located and any advertiser, tennant or other person known to him having control of or a substantial interest in said sign, and a description of the reasons for such nonconformance, including a citation to the applicable provisions of this By-Law. A copy of such list shall be delivered or mailed by that date to the Outdoor Advertising Board and shall be posted for a · period of at least three months, beginning on May 1 in each year, in the office of the Town 6.44 6.5 6.51 Clerk. (b) The Sign Officer shall keep records of aB actions taken pursuant to this By-Law. He shall make an annual report to the Town listing all such actions and any apparent violations of this By-Law. Non-conformance of Accessory Signs. Accessory signs legally erected before the adoption of this By-Law which do not conform to the provisions of this By-Law may continue to be maintained, provided, however, that no such sign shah be permitted if it is, after the adoption of this By-Law, enlarged, reworded (other than in the case of theater or cinema signs or signs with periodically changing messages), redesigned or altered in any way including repainting in a different color, except to conform to the requirements of this By-Law; and provided further that any such sign which has deteriorated or beefi'damaged to such an extent that the cost of restoration would exceed thirty-five percent of the replacement cost of the sign at the time of the restoration shall not be repaired or rebuilt or altered except to conform to the requirements of this By-Law. Any exemptio0 shall terminate with respect to any sign which: (a) shall have been abandoned; (b) advertises or calls attention to any products, businesses or activities which are no longer sold or carried on, whether generally or at the particular premises; or (c) shall not have been repaired or properly maintained within .thirty days after .notice to that effect has been given by the Sign Officer. ALLOWED SIGNS Residence Discticts: Accessory Signs (a) One sign displaying the street number and/or name of the occupant of the premises not exceeding one square foot in area. Such sign · may include identification of an accessory professional office or other accessory uses permitted in a residence district. (b) One unlighted, temporary "For Sale" or "For Rent" sign not exceeding six square feet in area and advertising only the premises on which it is located; to be removed 14 days after sale, rental or lease. (c) One unlighted contractor's sign, not exceeding 12 square feet in area, maintained on the premises while construction is in process and eontainlng information relevant to the project. Such sign shall be removed promptly after completion of the construction. (d) One unlighted identification sign at each public · · entrance to a subdivision not exceeding 12 square feet in area; to be removed when the sub- division is completed. (e) One identification sign at each public entrance to a multi-family development not exceeding 12 square feet in area. O DANIEL LON~, Town Clerk ELECTION DEPARTM~N? Honorable Francis X. Bellotti. ARTICLE 6. (Con't) TOWN OF NORTH ANDOVER TOWN BUILDING NORTH ANDOV£R. ~,fASS. 0184§ JUNE 27, 1978 (E) Bulletin or announcement boards, identification signs or entrance markers for a church, synagogue or institution, not exceeding a combined total of 30 square feet ~nd provided that there shall be no more than two signs allowed on the premises. (g) One sign for a non-residential use that is a permitted use, a use allowed by special permit, or a legal non-conforming use. The sign may he no more than one-half the area that would be allowed if the sign were in a business or industrial district. (h) Notwlths.tanding any other provisions of this By-Law, signs may be erected for posting ]and; i.e. no hunting, no trespassing, etc. RESIDENCE DISTRICTS: NON-ACCESSORY SIGNS (a) Directional signs by special permit from the Board of Selectmen, limited as follows: 1. Two signs for each activity, not exceeding 6" x 30" in size. 2. Ground signs not exceeding 8 feet in height. (b) Street banners or signs advertising a public or charitable entertainment or event, by speeiat permit from the Board of Selectmen. Such a sign shall be removed within 7 days after the eve n t. BUSINESS AND INDUSTRIAL DISTRICTS: ACCESSORY SIGNS (a) All signs permitted in residence districts az provided in Sections 6.51 and 6.52. (b) Each owner, lessee or tenant shall be allowed a primacy and a secondary sign. Said signs may be used as ground, wall or roof signs. No lot shall be allowed to have more than one ground sign structure. lc) Traffic control, orientational and guidance signs located on private property, up to 4 square feet in area, displayed for purposes of direction or convenience, including signs identifying parking, fire lanes, rest rooms, freight entrances and the like. (d) Building directories (if located outside) may be affixed to the exterior wall of a building at each public entrance. Such dlreetor~ shah not exceed an area determined on the basis of one square foot for each establishment occupying the building. (e) One unlighted real estate sign of up to 12 square feet pertaining to the sale, rental or ]ease of the premises; to be removed within 14 days of sa]e, rental or lease. (f) Service stations or garages may divide the allowed wall sign area into separate, smaller wall signs indicating separate operations or departments. The allowed ground sign area may be divided between one ground sign and one . free-standing sign. Two additiona] primary ground signs may be allowed by special permit from the special permit awarding authority. (g) Display window signs covering no more th~n 20 percent of the display window area. Letter Size (a) Primary 1. 6.6 SIGN REGULATIONS 6.61 Illumination. No sign shall be illuminated between the hours of 12 midnight and 6:00 A.M. unless, in the case of an accessory sign, the premises on which it is located are open for business. Signs may be illuminated by the following means without causing hazardous conditions for motorists or offending pedestrians or neighboring premises: (a) By a steady stationary light of reasonable intensity shi_elded and directed solely at the sign; (b) By an internal light of reasonable intensity; or (c) By neon or gas-filled tubes. 6.62 Outdoor Lighting All temporary or permanent outdoor lights such as those used for area lighting, building floodlighting or sign lighting shah b? steady, stationary, shielded sources directed so that the light source is not directly visible to any point beyond the lot lines of the premises. 6.63 signs: Wall or roof sign: 1/2 inch of letter height allowed per foot of building frontage with maximum of 7 feet. 18 inch height allowed if building f~ontage is less than 36 feet. 2. Ground sign: 18 inch maximum letter height allowed. (b) Secondary signs: 8 inch maximum letter height allowed. (c) Logos: Twice letter height allowed but limited to 7 foot maximum height. 6.64 Sign Size. (a) Primary wall and roof signs attached to or part of the architectural design of a building shall not exceed, in total area, more than ten percent (10%) of the area of the two dimensional elevation of the building as determined by the building frontage multiplied by the height. (b) A primary ground sign shall be limited to one square foot for each five linear feet of street frontage of the lot on which the sign is located. All street frontages may be used in determining sign size. (c) A secondary sign shall be limited to one-half the area permitted for a primary sign. (d) Only one:side of a double-faced sign shall be included in calculating surface area, providing that the two display surfaces are joined at an angle no greater than 45 degrees. All sides of multi-faced signs, visible from any one point, shall be included in the calculation of surface 6.65 Sigr~ ii'eight and Location. (a) Corner lots. The owner of the pr~mises shah be allowed to choose the street orientation of allowed signs. (b) No waB or roof sign shah extend more than four feet above the lowest point of the roof of the building with which it is associated. (c) No wall or roof sign shall overhang the public way more than 12 inches. 'o.~.o ~,~ DANIEL LONC, Town Clerk ~ ELECTION DEPART/WENT Honorable Francis I. Bellotti. TOWN OF NORTH ANDOVER ARTICLE 6. (Co~'t) 6.7 6.71 (d) Ground signs shall be set back a minimum of ten feet from all property lines and a minimum of 40 feet from all residential districts or structures and shall be limited in height to 20 feet above grade. PROHIBITIONS No sign shah contain any moving, flashing or animated lights, or visible moving or moveable parts, except such portions of a sign as consist solely of indicators of time and/or temperature, or which have historic significance. 6.72 No sign shall be erected, displayed or maintained: (a) Upon any rock, tree, fence or utility pole; (b) If it contains any obscene, indecent or immoral matter; (c) Un]ess all parts and attachments and the ground about the base thereof am kept in neat and safe condition. 6.73 No sign shall be permitted or allowed to be so located as to obstruct a view of the rights of way at a corner of intersecting streets or at an entrance to a street. 6.74 No sign shall obstruct any means of egress from a building. 6.75 No sign shall detract from the effectiveness of a traffic signal. 6.76 No political sign shall be maintained or erected in the toWll. 6.77 Projecting signs are prohibited. 6.78 Non-accessory signs are prohibited except for directional signs as allowed in Section 6.52. 6.8 SEVERABIL1TY The invalidity of any section or provision of this By-Law shall not invalidate any other section, or provision hereof. Petition of the Planning Board TOWN BUILDING NORITI ANDOVER, MASS. 01845 JUNE 27, 1978 Under the aforesaid Article it was VOTED ~nanimously to ADOPT the Article. Ail requirements of the law have been complied with. ATTEST: A TRUE~OPY ~-~D^NIEL LONG T(~JN CLk~K THE,COMMONWEALTH OF I%~ASSACHIISETT$ DEPARTMENT OF THE ATTOF~NEY GENERAL JOHN W, Mc ~I;If~MA~K ~TA~~~. f!~:r,'lCl~. ~UILDINB ~NE ASHBURTrJN PI.AC~, EOF~'FmN n~3oa OcLober 10, 1978 Daniel Long Town Clerk Town of North Andover North Andover, MA Dear Mr. Long: I enclose the amendment to zoning by-laws adopted under Article 5 of the warrant for the North Andov~Special Town- Meeting held June 26, 1978, with the approval of the Attorney General endorsed thereon and on the zoning map pertaining thereto. HFO'C/jmc enclosure Very truly yours, Assistant Attorney General By-Laws Division October 10, 1978 Boston, Massachusetts The foregoing amendment to zoning by-laws adopted under Article 5 of the warrant for the North Andover Special Town ~Meetlng held June 26, 1978, is hereby approved, IOWN O~ NOIm'l A~I~V~ TOWN OF NOI~TH ANDOVEI~ HASSACttUSETTS June I, 1978 heeebY given that PLANNING BOARD will Mia a public hea~i3~D pur*.u- nn! to the im-ovisJons of G.~ ~ Z~i~ B~ ~ Z~ G~inni~ at a Easterly si~ ~ t an iron p~; t~ ~ 104-1~'aed I r ~ DANmL Lorrc, Town Clerk ELE~?~ON DEPA~T/~N? Honorable ~ancis X. Bellotti. Attorney General of ~e Co~o~ealth TOWN OF NORTH ANDOVER State House. Dear Mr. Bellotti, ~.~ ~,~¢~%%~,~ X: At o~ Special T~n Meeti~ held in the Vetera~ A~~ of o~ No~h ~over Middle School on Mo~ay J~e 26, 1978 a~ 7.30 P.N., ~e foll~ A~icle appeared in the Wa~nt. ARTICLE 5. To see if the Town will vote to amend its Zoning By-Law by changing the Zoning Map Of the Town to include the pexcel of land hereinafter described within Residence 5 district: A parcel of land situated on Belmont Street, in North Andover, Essex County, Massachusetts, and bounded and described as follows: Beginning at the Southwesterly comer of land now or formerly of Andrew E. Alvino; thence running easterly along said Belmont Street 468 feet; thence turning and running Northerly 275 feet; thence turning and running Westerly 445 feet; thence turning and running Southerly 180 feet to the point of beginning. Containing 99,271 square feet, more or less. Petition of the Housing Authority Under the aforesaid Article it was VOTED to unanimously ADOPT the Article. Ail requirements of the law have been complied with. ATTES~T: · TRUE TOWN CLERK '[OWN OF NOR'H-I ANDOVER Town I{onorable Fra~c~s X. B¢llottl. ' Attorney C-cncral of the Co~monwcalth State House Boston, >:ass. Dear J.~r. Bellotti: TO V,']~' ]4UILDINO fo]lowing ~enbers of the North l~]dover Pla~nfng Board are all duly ect~d a~d have been sworn %o said office. William N. Sal¢~m~e Chairman John J. Monterio ~ Vice Chairman Joyce DiTore G]~;rk William Chcpnlis >~ichaal P. Roberts ~:.~orth Andovar' Planning J~me 26, ~978 TO~rlV OF NoR'r~ ANDOV~iR RECOI~U,~F3,rDATIONS FOR SP>~IAL T0'.','~ Y_E~PlNG - 7:30 P.M. ~M~TICLE 4: Walershed Dis%riot - The Planning Board voted UNANIMOUSLY 1o recommend FAVORABLE ACTION. ARTICLE 5: Belmon2 S%. Re-Zoning - The Planning Board ¥o2ed D%~ANI~ZOUSLY 2o recommend FA\ ORABLE AC~ I0~,. ARTICLE 6: Siam By-Law - The Planning Board ~ecom~nends F~.VOR!~BLE ACTION by a UNA~[I~,~OU S robe. AP, TICLE 7: Schruender Re-Zoning - The Planning U~JANI~,~OUSLY vo%ed to recommend UI~AV0?t~BLE ACTION. Reasons: tundersized lot; expansion of business zone in%o re,'$1(~ en ~ lal area. C---~"~ANIEL L~NG TOWN CLERK · TTEST A TRU~ COPY ~ DA~IIEL LON~ / NO~TH ANDOV~ PLANNING BOARD will hoid ~ public ,,~ring pursuant 1o lhe prov~sJo~$ of G,L an3 Zoning M~p aS follows: Amend the Zoning By-Law by adBi~ thereto the STgn and Ogldoor Lighting Regulations as S~ion 6 en~ r~num- bering the remainder of the Zcnlng By-Law e:~rd[ngly; thes ~ rc~u~lians will govern the use of s gas nscf:r as they retale to fha s;ze, ar~a, h*?ght, number, i~aHo~ a~ other controls for a~vertislng ~evices throughogt the Town ies of complcte text eveileble n'offlces ~ Tm~ n C~er~ Plato nine Board ~nd at public hesrlng. . Amend Zoning M~p to Inclu~ the ~undaric~ of lershed as shown on the certified North Annoyer Watershed V. ap t978 and the zoning by-l~w by 8d3Tn~ the fo m.'4ng lion: 4.133 WATE~SH~?D DIS~RICT Cochlch~,v~c~ our sourc~ ol w~1~r supS:y. ~s i~f~d to wat~r and the I=ke, to c:n~erw tho nalural ~.~vT~m~nt ~nd I~ profocl the pubJjc he, lib, ~=fely end ~ 3]fare. (2) Proh biled Uses: (~) Dumping frc~ ~js~ oar- ~ ge, wood stumps, p~at, Jun~ Or e~hor ~',=~te ~h~ll ~ prohibited.. (3} Dlm~ns~ons ~nd No Build Re~u~r~n~fs: [8) =n the certified Norlh Andaver ~','of~ rsh: ~ ~.' :p iDT; a~d are ~hown on the zoning map. Th~e m~gs ore hErc~y ~=~ ~ this by-law ~nd ~re on li~e In tha cfi]ce of ~ho ~c~'n :lork; Jb) When the watershod d]slrl~ ~u~.~a~ d[vi~-s a ot ~ r~cord on J uae 2~, 1978 ~n on~ ov:n~p, ~'.l't~ 'e3u!~tlons set forth Jn this zon ng by- aw ~= v ~F~F p:rt by ~r¢~ of such 13t so ~];'Td:~ ra~'y,'~7 .,,=,~o,,~,,un~,cJ (1~} h:,.~r fcct In dop,h f=t e r,c ta~ e ,;~"k o~ LP'.:O Cc ','th:wick ~ ~ ::,iV-fL. (~J] ow;ne s~ctlons sh-.tl ~ rd~ 'd ~0 S:cJ[:n 2 c~ ~X3 l::.]:.~ ~vl 8?.~ th;- Jo~[o~'.Jng ~cd;o~s short b3.r~n~m~r~.~ :ngJy: , .- .- . - .' 2.67 Tributary' 'Any podlCn of ~ny L'c"'r,'slr~3 m, ~w=rnp or p=n~ which flows Ir, to L~k~ C~ 2,5~ ~,'.~=n High W~ter ~erk: (LBke Co:hTmh=.';:ck] el~wl;on of 112.~1 on fha Unlt~d Sl&fes C~st zsd G~ ~eJrJc Survay d~tum. 2.51 No Cut Zone: An area where ~ trea~ shahs bu~ h~s sh~ll beck. Amend lh~ Zoning By.L~w by changing tb~ Zc=;ng 6~p :f th~ Town to include the percel of land ~re~ft~r scrlb~d within Resld~nce 5 Distrld: A p~rc~t cf l~cd ~J,m ]t~d on Belmont Sire=t, In North Andover, Bss~z C~unty, V~., and bounded and described ~s fo:lo~: - Beginning at th~ sou~h',';~ster y corner cf f~ Andrew E: Alvlno; thence runnl~g eastcT~y ~:n2 Belmont St. ~53 ft.; tMnce tur~[r,g and ru~;;~g ncr:h- erly ,75 ff., th:~ce furnlng ~nd r~,=n.,g, ~l~, ~, 4.. ft., thanco fur ~ n; and running souti~rly IE3 ff. ~ of bcD1nnlng; cunl~ining gD,271 s.t~ mc.a ~ I,~ PJzn "on fllo In Pith ,h~g De=rd Office. Per C. der of the Norlh Andover FlaunTeD Be_rd ~-T - JuneL 10, October 10, 1978 Boston, Massachusetts The foregoing amendment to zoning by-laws adopted under Article 5 of the warrant for the North Andover Special Town Meeting held June 26, 1978, is hereby approved. ~neral October 10, 1978 Boston, Massachusetts The within zoning map pertaining to Article 5 of the warrant for the North Andover Special Town Meeting held June 26, 1978, is hereby approved. A~W.A. MAEKEB IN i~ TNE (NANGE OF TEE ZONING. M.a~' ri, la. GVlSF...D To JUL,'~' .IGI'TB O d THE C. OMMONWEALTH OF MASSACHUSETTS DF-PARTMENT OF' THE ATTORNE. Y G~NERAL JD]-IN W, HC ~'4A~K I~TA'I'I~ QFF'ICE BIJILDIN~ ~NE AEHBURTI~N pI..A~I~, R~aTaN Dzlr31~ October 4, 1978 Daniel Long Town Clerk Town of Nqrth Andover North Andover, MA 01845 Dear Mr. Long:: I enclose the amendment to zoning by/l~ws'adop~'ed under ' Article 6 of the warrant for the North Andover Special Town ~.~etl~g held June 26, 1978, with the approval of the Attorney Ceneral ~ndorsed thereon and on the zoning map pertaining to Article 4 w~th the exception that section 6.76 ].s deleted from t~he :%ign by'law adopted under Art{.c]e 6. A prohibitio~-6n all political signg in section 6.76 is an infringement on the right of free speech. Commonwealth v. Dubin, 327 Mass 681 (1951). I ~bgret that I must enclose'the amendment to zoning by-laws adopted under Article 4 with the disapproval of the Attorney General endorsed thereon. The by-law prohibits all construction, in the watershed district except by special permit. No standards are set forth for the issuance of a permit. Adequate standards must be set forth. Mac Gibbon v. Duxbury, 356 Mass. 635, 638(1970). Very. truly yours, Henry 2' O Connell - Assis~ant At%o_rney General By-Laws Division [{FO'c/jmc enclosure