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HomeMy WebLinkAbout1978-04-22August 30, 1978 Boston, Massachusetts The foregoing amendments to zoning by-laws adopted under Articles 68 and 70'of the warrant for the North Andover Annual Town Meeting held April 22, 1978, are hereby approved. TOWN OF NORTH ANDOVER DAS~ Lo~o, Town ~lerk SLEC'I'IOlV DEPARTMENT TOW~ BUILDING No~ ~OVER, MASS. 0184~ Hbnorable Francis X. Bellotti. ARTICLE 70. (Con't) Under the aforesaid ARTICLE 70 it was voted unanimous, to adopt the article ae amended. A. Amend Sections 2.68. 2.69 and 2.70 as so renumbered by adding "(setbacks)" after the phases defined thereby. B. Section 4.130 (6) change to read as follows: "Public service corporation and energy or resource recovery facility." C. Section 6.1 (2) amend by striking therefrom the phrase "otherwise by the Board of Appeals" and inserting in place thereof the phrase "otherwise by the provi- sions of a variance granted by the Board of Appeals." D. Section 6.4 strike from the last sentence the words "Permission of" and insert in place thereof the words "~ variance granted by." All requtrementsof the law have been complied with. ATTEST: TOWN CLERK FRANI]I~ X, BI'L, LnlTI ATTOR NE:y GII:N £RAL, The COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF.~THE ATTORNEY GENERAL JOHN Wo MO OORMAGK rotate OF'FlOE IllUlLOINI3 ONE: A~HIIURTON FI. AGE, lOmTON O~IOG August 30, 1978 Daniel Long Town Clerk Town Hall North Andover, Massachusetts 01845 Dear Mr. Long: I enclose the amendments to zoning by-laws adopted under Articles 68 and 70 of the warrant for the North Andover Annual Town Meeting held April 22, 1978, with the approval of the Attorney General endorsed thereoh. Very truly yours, Assistant Attorney General By-Laws Division HFO'C/alg Enclosure hRTICLE: 68 Amendments to the Zoning ~ByiLaw April 22, 1978 Section I amend by adding after the ,,Commonwealth of Massachus- etts:'' as ameDded by Chg~ter 808, Acts of 9975 and as they may be further amended,'"--- 2. By changing the designation of the concluding paragraph, of Sec- tion ~ from "9'" to "91" and by inserting before it the following new paragraph: "9, controling the use of bodies of water, includ- ing watercourses? 5- Amend Section 2.59 by inserting the words: "The Planning Board shall act as the Special Permit Granting Authority dealing with Cluster Development, Planned Development District and the Water- shed District as authorized by Section 1 of Chapter ~OA."' 4. Section 2.62 amend by Striking therefrom, the phrase "...Special Permit granted as an exception under Section 4..." and inserting thereof, the phrase "...a permit granted under the guidelines of Section 9---" 5- Amend by adding a new: "Section 2.65 Special Permit Granting Authority? The Planning Board shall be the granting authority of all special permits to Cluster Development,' Plaq~ed Develop- ment District and the Watershed District. The Board of Select- men shall be the granting authority of all special permits per- taining to non-accessory signs as specified in Section 6.52 ef this by-law. The Board of Appeals shall be the granting authority of all Other special perm'its allowed in this zoning by-law. Renumber the sections following this section accordingly." 6. Section 2.63 Amend by striking therefrom the words, "Board of Appeals" and inserting thereof, the words, "the appropriate Special Permit Granting Authority." Section 4.128 amend by adding: 7'(8)(a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. (b) On any lot of at least five (5) acres, the keeping of a total of not more than five (5) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lo~ size to nine (9) acres the keeping of one additional animal or bird; but not the keeping of'any animals, birds, or pets~of persons not resident on such lot. (c) On any lot of'at least ten (IO) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stud farms~ dairy farms, and poultry batteries. (d) The sale of products raised as a result of the above uses on the subject land. Section ~.939 amend by adding: 8il2)(a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses, t ~ (b) On any lot at l~ast three (3) acres, the keeping of not more than three (3) of any kind or assortment of animals or birds in addition to the household'pets of.a family living on such lot, and for each additional acre of lot size to nine (9) acres the keeping of one additional animal or bird; but not the keeping of any animals, birds~ or pets of persons not resident on such lot. (c) O~ any. lot of at least ten (lO) acres, the keeping of number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. (d) The sales"of products raised as a result of the above.uses. on the subject land. Section 5.1 (7) strike therefrom "offense, and Two Hundred ($200.00) dollars for" and substitute the word "and." Section 6.8 (3) Strike out the concluding thirty seven words of the section and insert in place therof the words "...five years from the date of endorsement of the definitive plan by the Planning Board." Amend Section 8.4 by inserting after the final word "permitted," the words "...by a special permit or otherwise by the North Andover Board of Appeals. Pre-existing non-conforming structures or uses, however, maybe extended or altered, provided that no such extension or alter- ation shall be permitted unless there is a finding .by the Board of Appeals, that such change, extension or alteration shall not be. sub- stantially more detrimental than the existing non-conforming use to the neighborhood." Amend Section 8.2 (4) by deleting in its entirety and inserting thereof the words, "Such change shall be approved by a special per- mit or otherwise by the Board of Appeals," Amend Section 8.3 by inserting after the word "permitted" in the final phrase of this section, the following conclusion: "by a special permit or otherwise by the Board of Appeals acting under G.L. Chapter ~OA." Section 9.1 Amend by adding after the second sentence thereof the following sentence: "if the Building ~nspector is so informed in writing and declines to act~'he shall within fourteen (4it) days of his receipt of such information give to his informant, in writing, his reasons for refraining from taking any action." Section 9.2 Strike the concluding sections of this entire Zoning By-law and insert in place thereof the following: 9.2 BOARD OF APPEALS 9.24 APPOINTMENT AND ORGANIZATION There shall be a Board of Appeals of five Members.and not more than three Associates Members, which shall have and ~xercise all the powers provided under G.L. Chapter 40A~ and which shall hear and dec~de all matters specifically referred to the Board of Appeals by the North Andover Zoning By-law and other matters referred to such Board by statute. The Board of'Appeals Members'and Associate Members shall be appointed by the Selectmen in the manner provided by statute.~ Within two (2) weeks of the beginning of each calendar year, the Zoning Board of Appeals shall organize and elect a Chairman and clerk from within its o~n membership. The length of terms of the members of the Board of Appeals shall be such that the term of one member expires each year. A member of the Board of Appeals may be removed for cause by the Board of Selectmen only after written charges have been made and a public hearing has been held. Vacancies caused by dismissal,'resignation, death or any other cause~ shall be filled in the same manner as Zoning Board of Appeals members are appointed. ~9.22 POWERS OF THE BOARD OF APPEALS The Board of Appeals shall have the following powers: ~t To hear and decide actions and appeals as provided herein. ,To hear ~nd decide applications for appropriate special permits and variances which the Board of Appeals is required to act upon under this By-law2 9.3 SPECIAL PERMIT ' The Special Permit Granting Authority shall adopt rules and regulations for the conduct of its business relative to the issuance of special permits. A copy of these rules and reg- ulations shall be filed with the Town Clerk. The rules and regulations shall contain, as a minimum, a description of the size, form, con-tents, style and number of copies and number of plans and specifications to be submitted and the procedures for submission and approval of special permits. The Special Permit Granting Authority may grant a Special Permit within the framework of this By-law only after holding a public hearing which must be held within sixty five (65) days after the applicant files for such Special Permit. The s~t'y-five $~ day period shall be deemed to have begun with the filing of ~he application with the Special .Permit Granting Authority. The applicant is responsible for transmitting a copy of the application for a special permit within twenty four (2~) hours of the filing of the application with the Planning Board or the Board of Selectmen to the Town Clerk. 'If an application for a special permit is to be filed with the Board of '~ppeals, the applicant shall file the application with the Town Clerk, who shall transmit the app~li~ation ~o the Board of Appeals within ~Wen~y-four (24) hours. 9.31 CONDITION FOR APPROVAL OF SPECIAL PEPd~T (1) The Special Permit Granting Authority shall not approve any such application for a Special Permit unless it finds that in its ~udgement all the following conditions are met: (a) The specific site is an appropriate location for suc~ a use, structure or condition. (b) The use as developed will not adversely affect the neigh- borhood. (c) There will be no nuisance or serious hazard to vehicles'~' or pedestrians. (d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. (e) The Special Permit Granting Authority shall not grant any Special Permit unless they make a specific finding that the use is in harmony with the general purpose and intent of this by-law. (2) In approving a Special Permit, the Special Permit Granting Authority may attach~such conditions and safeguards as are deemed necessary to protect the neighborhood suc$ as but not limited to the following: (a) Requirements of front, side or rear yards greater th~n the minimum required by this by-law. (b) Requirements of screening parking areas or other parts of the premises from adjoining premises or from the street, by walls~ fences, planting, or other devices as specified by the Special Permit Granting Authority. (c) Mod~,fica~lon of the exterior features or appearances of the structure. (d) Limitation of size, number of occupants, method or time of operation, or extent of facilities. (e) Regulation %f number, design, and location of access drives or other traffic features. (3) Special permit granted under the provisions contained herein shall be deemed to have lapsed after a two-year period from the date on whic~ the special permit was granted unless sub- stantial use or construction has commenced. If the applicant can show good cause why substantial use or construction has not commenced within the two-year period, the Special Permit Granting Authority, at its discretion may extend the special permit for an additional one year period. Included within, the two-year period stated above, is the time required to pursue or wait the determination of an appeal from the provision of this by-law. (4) The Special Permit Granting Authority may, within the guidelines for special permits contained herein, allow accessory uses whether located on the same lot as the principal use or not, wherever necessary in connection with scientific research~' scientific development or related production provided that the Special Permit Granting Authority finds thatthe proposed ac- cessory use does not substantially derogate from the public good. (5) Within ninety (90) days 'following the date of the public hearing, the Special Permit Granting Authority shall take final action in the matter in order to issue any special permit provided for in this zoning by-law, there shall be at least four of the five members of the granting authority ~oting in favor of issuing the special permit. (6) A special permit granted under the provisions of this by-law shall not take effect until: (a) the Town Clerk certifies on a copy of the decision that twenty (20) days have elapsed witha out filing of an appeal or that any appeal filed has been dis- missed or denied. (b) The certified decision has been recorded at the owners expense in the Essex CountY Registry ~f Deeds, indexed in the grant or index under the name of the record owner, and noted on the owners, certificate of title. (c) If the special permit involves registered property, the decision, at the owners q expense, shall also be filed with the recorder of the laud court. (7) The Special Permit Granting Authority shall cause to be made a detailed record of its proceedings indicating the vote of each member upon each question, or i£ absent or failing to vote, indicating such fact, and setting forth .clearly, the reason or reasons for its decision of its official actions, copies of all which shall be filed within fourteen (l~) days in the office of the Town Clerk and shall be a public record. Notice of the decision shall be mailed forthwith to the petitioner o~applicant, to the parties in interest designated herein, and to every person present at the hearing who requested that notice be sent to him and stated the address to which such notice was ~o be sent. Each notice shall specify that appeals, if.any,shall be made pursuan~ as to Section 17 of Chapter ~OA and shall be filed within twenty (20) days after the date of filing of such notice in the office of the Town Clerk. The decision shall also contain the names and addresses of the owner and identification of the land and/or structures ~.-~ affected (if a variance procedure -.how the variance complies with the statutory requirements for issuing~variance). "Certi- fied copies of the decision shall be filed with the appropriate ~ ~pec~l Permit Granting Authority and the Town Clerk. 9.32 TEMPORARY PERMIT The Board of Appeals may grant a temporary special permit for'use or ocou. pancy permi.t for a period of not more than one year at a time, subject to a singlerenewal. Such permits shall be subject to conditions imposed by the Board related to safeguarding the character of the district affected and shall be processed in ~gcordance with the procedures provided herein for the granting of Special Permits. ~ 9.4 VARIANCES AND APPEALS The Zoning Board of Appeals shall have the power upon appeal to grant variances from the terms of this zoning by-law where the Board finds that owing to circumstances relating to soil conditions, slope, or topography of the land or structures and especially affecting such land or structurgs bub not affecting generally the zoning district in general, a literal enforcement of the provisions of this by-law will involve substantial hard- ship, financial or otherwise, to the petitioner or applicant~ and that 'desirable relief may be granted without substantial detriment to the public good and without nullifying or substan- tlally derogating from the intent or purpose of this by-law. Additionally, an appeal may be taken to the Zoning Board of Appeals as provided herein by a person aggrieved by reason of his inability to obtain a permit or ~nforcementaction from the Building Inspector, by the Merrimack Valley Planning Commission, or by any person including an officer or Board of the Town of North Andover, or an abutting city or town, aggrieved by any order or decision' of the Building Inspector or other administra- tive officials in violation of any provisions of this by-law. Any petition for an appeal above, must be taken within thirty (30) days of the date of the order or decision is being appealed, by filing a notdce of appeal, specifying the grounds thereof with the Town Clerk~ who shall forthwith transmit copies of the appeal to such officer or board, whose order or decision is being appealed, and to.the Zoning Board of Appeals. Such officer or Board shall forthwith transmit to the Zoning Board of Appeals ~ all documents and paper'~onstituting the records of the~case ~ which the qppeal is taken. (~) No petition for a variance or appeal shall be granted until a public hearing is held on-the matter by the Zoning Board of Appeals within sixty five (65) days after the Zoning Board of Appeals receives the petition from the Town Clerk.~ (2) The Zoning Board of Appeals must make its decision on a petition for a variance or appeal within seventy five (75) days after the date of the petition is filed with the Town Clerk. In order to grant a petition for a variance or an appea~, four of the five memb~rs~of the Board must concur. If the Zoning Board of Appeals fails to act within the time limits specified herein, the petition for a variance o~ appeal shall be deemed granted. (a) In the case of a variance, the Zoning Board of Appeals may impose conditions, safeguardsand limitations of time and use, however, these conditions cannot require continued owner- ship of the land or structure to which the variance pertains by the applicant, petitioner or owner. Furthermore, if the rights huthorized by the variance are not exercised within one year of the date of the grant, they shall lapse and may be reestablisbed only after notice and a new hearing. (3) The Zoning Board of Appeals shall cause to be made a detailed record of. its proceedings indicating the vote of each member upon each 'question, or if absent or failing to vote,'indicat- ing such fact, and setting forth clearly, the reason, or reasons, for its decisionL.and of its official actions, copies of all which shall be filed within fourteen (l~) days in the office of the Town ~lerk-and shall be a public record. Notice of the decision shall be mailed forthwith to the petitioner, app- licant or appellant, to the parties in interest designated herein, and to every person present at the hearing who requested that notice be sent to him and stated the address to which such notice was to be sent. Each notice shall specify that appeals, if any, shall be made pursuant to Section 17 of Chapter 4OA and shall be filed within twenty (20) days after the date of filing of such notice in the office of the Town Clerk. The decision shall also contain the names and addresses of the owner, and identification of the land and/or structure affected (if a'variance procedure - how. the variance complies with the statutory requirements for issuing a variance). Certification that copies of the decision~have been filed with the Planning Board and Town Clerk are required. 9-5 AMENDmeNTS TO ZONING'BY-LAW This by-law shall be adopted and shall be amended from time to time by a two-thirds vote at an annual or special town meeting. Amendments to this by-law may be initiated by submission of the amendment to the Board of Selectmen by any of the foil?wing: A) Board of Selectmen; B) Zoning Board of Appeals; C) by an individual own~ lng land to be affected by the amendment, D) by request of registered voters of the Town pursuant to Section 10 Chapter 39 of the Mass. General Laws; E) by the Planning Board; F) by the Merrimack Valley Planning Commission. 9.51 SUBMISSION OF AMENDMENT TO PLANNING BOARD Within fourteen (14) days of the receipt of an application. for an am~endment to this by-law, the Board of Selectmen shall- submit the proposed amendment to the Planning Board for review. The Planning Board shall hold a public hearing on any North Andover Town Meeting warrant article to amend the Zoning By-law or the zoning map and shall report its recommendations theron, if any, to the Town Meeting.' Each warrant article to change the zoning map shall explicitly state the nature, extent and location of the map change proposed and shall be accompanied by: (1) Three blackline prints of a diagram to scale showing and stating clearly the dimensions in fe~t of the land area proposed to be changed as to'zone. (2) Also a sketch or other exTlicit identification of the location of such land in relat~ion to the majority of the rest of the town. 9.52 Pb~L!C HEARINGS Within sixty-five (65) days after receipt of a proposed amend ment~from the Board of Selectmen~' or within sixty five (65) days after the re9eipt of an application for a special permit; the 'Plan~ing Board or the Zoning Board of Appeals, as the case may be, shall hold a public hearing, notice of which shall be pub- lished in a newspaper of general circulation covering the Town once dn each of two successive weeks. The first publication may not be less than fourteen-(l~) days before ~the day of the hearing, (the~date of the public hearing shall not be counted. in the fourteen (l#) days). Additionally,, notification of the public hearing shall be posted in a conspicuous place in the N6rth Andover Town Hall for a period of not less than fourteen (~) days before the date of the hearing. Further, notification of the public hear- ing shall be sent to the Massachusetts Department of Community Affairs, Merrimack Valley Planning Commission, Planning Board of all abutting cities and towns prior to public hearing date. Notice of the public hearing shall include: l) the time and place of hearing, 2) the subject matter, 3) place where texts and maps may be inspected. 9.55 REPORTBY PLANNING BOARD No vote to adopt the proposed amendment shall be taken by the town meeting until the report with recommendations by the Planning Board has been submitted to the Town Meeting or until twenty one .(~2~) days after said hearing has elapsed without sub- mission Of said reports Or submissions. After such notice, hear- ing and report, or after twenty one (2~) days shall have lapsed after such hearing, without submission of such report, the Town Meeting (annual or specified) may adopt, reject, or amend any such proposed amendment. 9.54 FAILURE TO ADOPT If the Town Meeting fails to vote to adopt any proposed by- law amendment within six months after the hearing described heretofore no action shall be taken thereon until after a sub- sequent public hearing is held with notice and report as hereto- fore provided. '9.55 REPETtTIVEPETITION If any proposed by-l~w amendment thereto is acted upcn un- favorably by the Town Meeting (annual or special) it shall not be acted upon again for a period of two years from the date of the unfavorable action unless the Planning Board recommended in favor of the petition in the report. 9.56 PROCEDURAL DEFECTS In.accordance with Chapter 40A no claim or invalidity of this by-law or any amendment to this by-law arising out of a possible defect in the procedure of adoption or amendment shall be made in any legal proceeding and no state, regional, county or municipal officer, shall refuse, deny or revoke any permit, approval or certificate because of anylsuch claim of invalidity unless such claim is~made Within one hundred twenty (~20) days after the adoption of the by-law or amendment. Notice specifying the court, parties, invalidity claim, and date of filing is filed together with a copy of the petition, with the Town Clerk within seven (7) days after commencement of the action. 9.57 EFFECT OF SUBSEQUENT AMENDMENTS Tn the case of amendments to this by-law or changes in the districts or the boundaries subsequent to the date this by-law becomes effective, the right to continue the use or maintenance of any building, structure or premises which was lawful when such amendments or change became effective shall not be impaired by any such amendment or change, except as provided by statue, specifically: that construction or operations under a building permit or special' permit shall conform to any subsequent amend- ment unless the use or construction is commenced within a period of not less than six months after the issuance of the permit, (the date of issuance shall be considered to be date on which the building permit was issued or in the case of a special per- mit, the date on which the Planning Board voted final action) and in cases involving construction, unless such construction through completion as continuously and expeditiously as is reasonable. 9.6 CONFLICT OF LAWS In general, this By-law is supplementary to other North Andover By-laws affecting the use, height, area and location of buildings and structures and the use of premises. Where this By-law im- poses a greater restriction upon the use, height, area and loca' tion of buildings.and structures and the use of premises than is imposed by other By-laws, the provisions' of this By-law shall control. 9.7 VALIDITY The invalidity of any section or provision of this By-law shall not invalidate any other section or provision thereof. 9.8 REPETITIVE PETITIONS When 4) the Planning Board denies an application for a special permit or 2) the Board of Appeals denies a petition or a variance; no application on the same matter may be heard and acted favorably upon for a two year period unles~ the foll- owing conditions are met: tn the case of 4) above, four of the'five members of the Planning Board find that these arc'specific and material changes in the conditions upon which the previous unfavorable action was based, and describes such changes in the records of its proceedings, and only after a public hearing.at which such consent will be considered and after notice ms given to parties in interest. In the case of 2) above, the Zoning Board of Appeals may not act favorably upon a petition which has been previously denied wiShin a two year period of time unless four of five of the meJbers of the zoning Board of Appeals find that there are specific and material changes in the conditions upon Which the previous unvabor~ble action was based and describes such changes in the records of its proceedings and only after a public hearing, held by the Planning Board at which consent allow the petitioner to repetition the Zoning Board of Appeals will be considered and after notice is given to parties of interest and only with four of the five members of the Planning Board vbting to grant consent.. '9~ WI~HDRAVAL WITHOUT PREJUDICE Any petition for a variance which has been transmitted to the Zondng Board of Appeals or any application for a special permit which has been transmitted to the Planning Board may by withdrawn, without prejudice by the petitioner prior to the publication of notice a pdblic hearing thereon, but thereafter be withdrawn without prejudice only with approval (majority vote) of the Zoning Board of Apoeals or Planning Board respec- tively. ,, - AMENDMENT~ TO THE ZONING BY-LAW APRIL 22, 1 978 AR~iCLE 70. ~A. Amend Sections 2.68, 2.69 ar%d 2.70 as so renumbered by addin~t(s~tbacks)~fter the phrases defined thereby. !~. Section 4.730 (6) change to read as follows: "Public service corporation and energy or resource recovery facility." Section 6.1 (2) amend by striking therefrom the phrase "otherwise by the Board of Appeals" and inserting in place thereof the phrase "otherwise by the provi- sions of a variance granted by the Board of Appeals." Section 6.4 strike from the last sentence the words "permission of" and insert in place thereof the words "a variance granted by."