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HomeMy WebLinkAbout1976-07-30lrl~ANCI~1 X. THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE ATTORNEY GENERAL JOHN W, MI3 CORMACK STATE OFFICE BILIILOINQ ON=' AIBHBURTON PI. AC=', BrI~iTON August 4, 1976 Town Clerk Town Hall North Andover, Massachusetts 01845 Dear Mr. Lyons: In response to your letter of July 30, 1976, I suggest that Article 29 be resubmitted as a zoning by-law separate approval request. This will serve to expedite the matter and eliminate any confusion as to its approval. If you have any questions, please contact this office. The telephone number is 727 1001. Sincerely, Assistant Attorney General SAR:mg THE COMMONWEALTH ~OF MASSACHUSETTS DEPARTMENT OF THE ATTORNEY GENERAL JOHN W, Mc OORMAP. K ITAT£ 13FFICE BUILDIN~ ONE ABHBLIRTOH PLAI3E, BI3BTON C~101~1 September 13, 1976 Town Clerk Town Hall North Andover, Massachusetts 01845 Dear Mr. Lyons: This is to acknowledge the receipt of your letter of August 9, 1976, concerning zoning amendments voted under Article 28 of the warrant for the 1975 Annual Town Meeting. Before this office acts upon your request the following documents must be submitted: Copy of the Article as it appeared in the warrant. Copy of the Planning Board's notice of the hearing on Article 28 together with all the dates of publication in the newspaper. Copy of the planning Board's report, if any, given at the Town Meeting. A statement of whether all materials incorporated by reference in the warrant or Planning Board's notice were on file as stated. Steven A. Rusconi Assistant Attorney General SAR/j h Enclosure TOWN OF NORTH ANDOVER Jol~r¢ J. LYONS, Town Clerk C.M.C. £~-ECT'ON OEPAR'rMe.r JUSTICE OF THE PEACE TOWN BUILDIATG ANDOVI!iR, MASS. 01845 September 17, 1976 Mr. Steven A. Rusconi. Assistant ~ttorne2 General Commonwealth of Massachusetts State House Boston, Mass. Dear Steve: In compliance with your letter of the 13th concerning zoning amendments voted under Article 28 of the warrant for the 1975 Annual Town Meeting the following are submitted for your approval: Copy of Article as it appeared in the Warrant and copy of vote of meeting. Copy of Article 28 as it appeared in the Local Merrimack Valley Newspaper. Copy of Planning Boards Report given at meeting. Allmatters-materials incorporated in Warrant and Planning Boards notice were and are on file. On May 22, 1975 the following were submitted to your office. 1.) Statements of Meetings in duplicate. 2.) Copy of Warrant with officers return 3.) Certificate of vote in duplicate. 4.) Statement of Plz~ning Boards decision in duplicate. 5.) Certificate of duly elected and qualified members of Planning Board in duplicate. 6.) Copy of newspaper notice. Thank you very much for :your continued cooperation. Very truly yours, JOHN J. LYONS. TOWN OF NORTH ANDOVER Jo~N J. LYOn;S, Town Clerk C.M.C. TOW~N BUILDIN~ NORTH ANDOVER. ~,fASS. 01845 September 17, 1976 Steven A. Rusconi Assistant Attorney General Commonwealth of Massachusetts. At our Annual Town Meeting held in the Veteran's Auditorium of our North AndoverMtddle School on Saturday April 26, 1975 at 1:30 P.M., the following Zoning By-Law Article appeared in the ~arrant and was voted upon is herewith submitted for your approval. ARTICLE 28. To see if the Town will vote to amend its Zoning By-Law to regulate construction in flood hazard areas shown on maps entitled "Town of North Andover, Mass. (Essex Co.) FIA Flood Hazard Boundary Maps" HOl-08 dated June 28, 1974 on file with the Town Clerk. Petition of the Planning Board. Under the aforesaid Article 28, it was VOTED UNAN~.OUSLY, that the Town, s Zoning By-Law be amended as follows: 1. To Section 1 add paragraph 10: reducing the probability of losses resulting from floods. 2. To Section 3.1 add: Flood Hazard District. 3. To Section 3.2 add: new sentence: The Ylood Hazard District is defined as all ~reas so designated on maps entitled "FIA Flood Hazard Boundary Maps" HOi-O8 dated June 28, 1974 on file with the Town Clerk, incorporated by reference herein. 4- Add new section 4.13 - (depending on Art.48) to read as follows: ~.13 - Flood Hazard District. (1) Any other by-law or regulation to the contrary notwithstanding, no construction shall be permitted within the District unless it has been duly determined that all utilities are located, elevated and constructed so as to minimize or eliminate flood damage and that methods of disposal for'sewage, refuse and other wastes and for providing drainage are adequate to reduce flood hazards. A true copy: ATTEST: JOHN J. LYONS. TO~ O~F ~NOI~TH ANI) OV~R ~IASSAC]~US~TTS April 26, 1975 THE PLANNING BOARD MAEES THE FOLLOWING RECO~2~DATIONS ON ZONi~NG A~~ ARTICLES FOR ANNUAL TOWN ME~TING - Apr_il 26, 1975 ARTICLE 1~: ARTICLE 28: ARTICLE 2~_: The Planning Board unanimously recommends I~1~AVO~ABI,~ ACTION on an Environ- mental Control District and Cluster Dwelling for the following reasons: 1. The proposed amendment was h~stily conceived. 2. The Planning Board feels there is no social need for high density housing in our watershed. ~nis bears out the recommendation of our ~mst er Plan. 3. The term 'U~nvironmental Control District" is misleading - es. %~ade-off the developer suggests. 4- Pollutants and run-off from development would be detrimental to our Lake. 5. The construction of sewer system is not an economical alternative at this time. 6. The creation of the subject district would open all lands around the Lake Cochichewick watershed which would eventually kill the Lake. 7. Discrepancies between the report received from the developer and the report from the ad hoc study committee. ~' The Planning Board unanimously recommends D-NFAVOPJ~BLE ACTION to rezone the parcel of land described within the Environmental Control D~strict. See reasons stated above. The P]~uing Board unanimously recommends PAVOPJ~B?~.~EACTION. This amendment governs the flood hazard areas designated by bo~udary m~ps. The Planning Board unanimously recommends FAVORABLE ACTION. This amendment proposes to ~liminate a~ added confusion in the existing By-Law in regard to penalties inasmuch as the F~rth l,~terials Removal section has its o~ penalty. A true copy: ATTEST: L ~g INORTH ANDOVER PLAN- NING BOARD will hold public hearing, pursuant to lhe provisions at G.L.c. 40A, upon J a proposal to amend the North J Andover Zoning By-Law Section 5, Earth Mater a Removal, in its entirety Cop~e$ of this proposed amend- ea section on Earth Materials Removal ere available in lhe office of the Town Clerk aha Planning Boar¢ By Order of the North An- clover Planning Board By: WILLIAM CHEPULIS, Chairmen E-T--Feb. 1, 8, 1975. :~ ' ~ Nollco IS hereby given lbat 7:30 p.m. on ~londay evcnlnd, , r5 Jmie 23, 1915, the '. ~ 3OA[{D will hold a public h~ar- :~ Room pursuant fo ~ > provisions of GL. c. 41, SoC. 81- q upon a p~o;~s~J to emend ils Gover~ing the Subdivision L~nd, North Andover, Msss~chusetJs' by edding n~vl p~r~gr~ph to S~ctlon II, D 8s follows: 13 In eddltion to ~lJ othor re- .- qulrcments hereunder, tJl~ PlonnIng BmJrd VlJJJ revlow ~11 subdivisions within ~ny FIA dc~lDnateJ an tho [:IA Flood Hazard map; ~s &daptcd by the Town to doJcrmJno ith~t such proposed su~dJv consistent with thu need 1o mlalmlze floud darneD5 providing ~dcqueto dr~inag~ so ~s to reduce e~pocure flood hazards within ~hc sub- Ilvislon ~nd on adjacent J~nd md by requiring that all ~tllltle~ bo located ~nd con- ,trucled so ~s lo mlnlmiz~ or glmlnate flood domage. Copies of said emendmenl are available for public spectlon al tho offices of the Town Clerk ~nd th~ ~arlb An- dover Planning Per Order of the Pl~nDlng r WILLIAM CHEPULIS Chdlrm~n JE-T: Ju~e 7,14, 1975 2) Publlc Garages and Accessory Buildings 3) Public Service Corporations 4) Public Sanitary Disposal Site $i Public Storage of EquJpmenl 6} All Uses Permitted In the Industrial 1 Districl and Add Io Table 2 a new column designaled as "Ind.. 3". ' two footnotes thereto, all as follows: - . Side Selbeck~ 2gO fl ~e C, "'... Dwelling Unit ~nstty: N/A ' ~', P~tnote references for above: ' ' ""~:~0 Where a public sanitary disposal site Is the primary use, ~ .:. ,: .the sefbac~ area she - be used to Provide a screen nd, J ,. -' ~..'~L .natural or art f c a, from ed aeon/res dent a use of public ff..: ..~.;~. Where e ~blic sanitary dis~sal sit. Is the pr mary uset ~':, '::,,~ jan increase up to 1~% Of the lot coverage she app y, notI : .r '': , ~'Ylncludlng the setback areas. ''- ' ' "~ changmgfromResdenla 2folnduslrlal3ap~rcelofland '~ L-. ::.: .'"" ~und~ and described as roi ows' ~', [,/ ~=~ Beglnningatthe~oufhwesterlycornerthereofata~olnf~ ,~.."~ '; '~ located on the northerly side of the M ss e S te Road, L',': ~ .~. ~ call~, 460 feet more or less easterly from the northeastern '~,. :~ inlers~fion of said Missile Site Road and lhe Salem Turn- ;, '- .'e: pike (Route 114)~ thence turning and running easter~ .- .;.~ '~':" ~:' along the northerly side of fha Missile Site Road. 1950 feet ' , ~. . :: more or less to a stone wa at now or former y o~ned by ~? ,~'.:~ the Commonwea th of Massachusetts; thence turn ng and '~: .',', ~;,'~; running northwesterly by land now or formerly owned by .~ said Commonwealth of Messachusell~ along a stone wall, ?"':" "'~-~t~ 375 f~t more'or ess, to a po nt; thence turning and running .-.' .....~; northeaslerly and northerly n severe courses by land of' '~.:.~ ";~ said Commonwealt~ of Massachusetts along n stone wall, ?~:'..?~.365 feet more or less to a corner of a stone wall; thence .' ~.~ ~.:. ?.~ ~turning and running wesler y and northwesterly In several ,~'.'; ,.,:' ~.~: courses along a stone wall by land now or formerly of said[ ~,. ~ '~? ~',~. Commonwealth of,Massachusetts, 2800 feet more or less. '? · - . an Intersecflo~ of a stone wall at land now or formerly own- ~:; ~ ~ by Jean P. Proulx; thence turning and running wesfeHy ;' , ~' ' ' along a stone wall by land now or formerly of said Jean P. Proulx, 900 feet more or less, to an Intersection of a stonel ~. '. wall at and now Or formerly owned by lhe Worcesterl ~-,,~,'.'.~.'~ Counly National Bank; thence turning and runnlng~ -' '.- /' southwesterly by land of said Worcester Coun~ National' ' ;~ Bank, 170 feel, more or less, to a corner of a stone wal~ at :~'" lend now or formerly owned by the Wasil Realty Trust ~' thence turn ng and running southerly and southwesterly in ./' .'..,; several courses along e slone wall by land of said Wasil' ~ ,-:, Realty Trust, 680 feet more or less. lo an intersection of a ~' ' · stone wall at land now or formerly owned by Edward H. {..,, ...,~r~.. and Ruth M. Broughton; thence tur~lng end running southeas/eFly along · stone wall by land now or formerly ~L ' .~.~ owned by said Broughfon al~g a stone wall, 495 feet fo a. ~ r~ . ~ ~ corner of a stone wall at land now or formerly owned by Constantine Papanecheil; thence turning and running '.; "'~;~ southeeslerly by land now or'formerly owned by said :~.,,;:-~ ~,Papan~hall, Edward Jr. and Ml~am Pinaud, Jame~ J. '"-' .:':[:*' ' ,- and Judith A. Pelrlne. Harry W. and Gertrudb F. Lear, ~.. John Ra~hlnuk,.and Edward M. and Shirley A. Knowlton along a stone wall, 1275 feet more or less, to the polnl of '~hoever violates any provisions of this By-Law, except es -~ may ~ othe~i~ s~lflcally provld~ ~ereby, shell ~, punished by a fine not exerting S~.~ for each offense. Each da~ that such violation continues shell co~st[t:f: a ~ · gS Amend S~ , add new Paragraph lO' "10 regulat ng con- ~' ~ ~':, '~[~Rtion in fl~d hazard areas shown on maps entltl~ · pLANNIFIG BOAED 'OWN OF ~IORTH ANDOYER IASSACNUSETT5 January 30, 197S Notice is hereby given that at 8:30 P.M. on Tuesday evening, February 18, 1975, in the Fire StalJon N~eeting Room, the ~NORTH ANDOVER PLAN- NING BOARD will hold a pure,lc hearing, pursuant to the provisions of G.L C. 40A, upon a proposal to amend the North Andover Zoning By-Law Section 5, Earth Materiels Removal in its entirety· Copies of this proposed amend- ed section on Earth Materials Removal are available in the office of the Town Clerk and Planning Board. By Order of the North An- oover P~anning Board By: WILLIAM CHEPULIS, Chairman E-T~Feb. t, 8, 1975. Notice Is h~rcby given that ct 7:3g p.m. on IV~oadc. y (~vcnln~J, 'Juice 2~ 1~i5, the PLANHING DOAt~D ~lllhold o ~ublic hair- iud In the Town OHice Nl~eting provisions of GL. c. 4~, Sec. Q upon ~ pFoD~al to :m~nd its "[(ules ~nd ~egulatlo~s Governing the' Subdivision of Land,' North Andover, Massachusetts" by adding now paragraph fo Section II, B 13. In addition to ~11 other Planning Doard will review propo=ed subdivisions and ~11 subdlglslons within any FIA d~slgn~ted on the FtA Flood Hazard maps ~s ~dopted by the Town to determine lthot all consistent with the need to minimize flood dama~3 by providing adcquato dr~;i~age flood hazards wi~hl~ ~he sub- and by requiring that all utilities be located and con- /structed so as to ~ n mlze or ~elimlnate flood damage, / Copies of said amendment Jare evalloble for public in- /sp~tlbn at the offices o~ the Town Clerk and th~ North An- dover Planning Board. ' j . Per Order of the Planning Bourd WILLIAM CHEPULIS Chairman E-T: June 7,14, 1975 , ? - ;PIAt~ tD March 7. 1~75 Notice is hereby given that at ?:30 P.M. on M~ndey evening, ~?~ 'i. March 24, 1975, in the Fire StatlonMeetlng Room, ANDOVER PLANNING BOARD will hold a publle h~rlng, · pursuant to the provisions of G. g C. ~A, ~ctlon &,' U~n. / :: propels to a~nd the Z~I~ By-Law a~ Z~I~ fe~i~s: ' .' , ,, · ,, ']: A~ ~ s~tlon 3. i t~ desl~at~ In~st~lal 3 Dl~rlct. L .Renum~r ~tl~ 4,131 S~. 4.131: ~;: 4.131 Industrial'3 D Itt ct v.. ;. 1) Public Buildings ..., ,.. ,~ ' L. _~, 2) Public Garages and Acc~ry ~l~lngs ~, 3) Public Service Cor~ratlons . . 4) Public Sanitary Dls~I Site 5) ~bllc Storage ~ Equipmem 6) All Us~ Permlff~ in t~ Industrial 1 Dlstrl~ ';'; Add te Table 2 a new column ~slgea~ as "1~. : ~ f~notes tn~o, all as fol~ws: -r' ' ~ .~.:~}, ' He ght Maxlmum: SS ft. , ,.~ , - , ~-.'~" ." FronfSet~ck:l~ft. lo · . ~ ~ :]~ ..-.;: SideSetback~ 2~I1 io . :~-J .F' .:. ~.~ r Dwelling Unit ~ns fy N/A ' ' "~0 P~tnote references f~ a~ve · - ? Wh~e a ~b c ~nitary dls~l~i~ le the ~lmaey usa, ?~ ,..: ~ll, ~ us~ to provue a screening, . FtcteL f~m adjacent r~ldeetlal u~ of ppblic: a public sanitary disposal sit~'l$ the primary use *an. increase up to 1~0% of the lot cevernge shall apply, not g the setback areas. ~; Amend fha Zoning By-Law and Zoning MaD of the Town by changing from Res dential 2 to Industrial 3 a parcel of lend. bounded and described as follows: 7: a., Beginning et the southwesterly corner thereof at · point located on the northerly slde et the Missile Site Road, e or less easterly from the northeastern intersection of sam Missile Site Road and the Salem Turn* pike (Route 114)~ thence turning and running easten~y along the northerly side of the Missile SUe Road, .1950 feet to a stone wall at now or formerly owned by th of ,Massachusetts; thence turning end .~. northwesterly by land now or formerly owned by .said Con3monwealth of Massachusetts along a stone wall, less, to a point; thence turning and running ' northeasterly and northerly In several courses by land of said Commonwealth of Massachusetts along a slone wall 365 feet more or less, to a Corner of a stone wall; thence' · :'~,~turnlng and running westerly and northwester y n severn ~: ~ courses along a stone wall by land now or formerly of said ',,:, Commonwealth pf ~,Aassachusetl~, 280~ feet more or less, to ', :: an Intersectlonof & stone wall at lend newer formerly own- ed bY Jean P. Proulx; theoce turning end running westerly along a stone wa by'land now or formerly of said Jean P. Proulx, 900 feet more or less, to an intersection of a stone! · wall at land now or formerly owned by the Worcester! ~ County National Bank; thence turning and runningI ,"southwesterly by land of said Worcester County National' ': .". ~ ' Bank, I?O feet more or less to a corner of a stone wa at · '/ ~:~'~ land now or formerly Owned by fha Wasi Rea fy Trust; r,".: ''' r~~ ' 'thence .turning and runn ng souther y and southwester y n , /i; · .. 'i several courses aong a stone Wa by and of sa d Was s ,~ ,:. :':' ' Realty Trust 6~0 feet more or less, to an ntersect on of a ' "~:!:.~::;,/L stone wall at land now ar former y owned by Edward H ?.~- ;'a~d Ruth M. Broughton; thence luring and runnng : ~/, :, ;'-:, southeasterly along a stone wall by and now or former y 'q ~ =! ~. owned by said Broughfon a ~ng a stone wall, 495 feet to a ,, :' .~'. COrner of a stone wa at land now or former y owned by' '; ..-. Constantine Papanecheil; thence turning and running southeasterly by land now or ~ormerly owned by said ? ~:: ,~ Papanechall, Edward Jr enO'Miriam Plnaud, James J. ,? :;~'~' - and Judith A. Pelrlne, Harry W. and Gertrude F Lear, ·" ~' .: John Robchtnuk, and Edward M. and Shirley A Knowlton along a ~fone wall 1275 feet mere. or less, to the point of ;i/:" .; 4; Amend Section 9.13 of the Zoning By-Law as follows: '~Vheover violates any pro¥1slens of this By-Law~ except as -~ may be othorwise'N~e¢lflcally provided thereby, shell be. ~ ~, punished by a fire not exceeding 12~.~ for each offense. · ,~.~Each day that such violation COntinues ~hall const!tu~ a separate offense." ... . ~. Amend Sec. I. add ~ew Paragraph 10: "10, regulefl~ con- in flood hazard areas shown o~ maps entitled (~sax Ce,) FIA ~ H~ard 'OWn Clerk. ~ . ~..~ : .. ~ ' :~ By Order of theN or th Andover Plannln~ Beard, ~. ,' '. ByL WIIIIIm ClII~III, Chairmen 17; W/5, . '. .... · . '~':.,2' '~ :'~c"~,~,':'~h'~'.~'.'- ~',· " TOWN OF NORTH ANDOVER JOHN J, LYONS, Town Clerk C.M.C. ELECTION OEPARTMENT JUSTICE OF THE PEACE Honorable Francis X. Bellotti, Attorney General of The Commonwealth State House Boston, Mass. TOWN NorUt Arldcrv~', Ma,~. Dear Mr. Bellotti: May lb, 1975 At our Annual Town Meeting held in the Veteran's Auditorium of our North Andover ~ddle School on Saturday April 26, 1975 at 1:30 P.M., the following General By-Law Article m peared in the Warrant and was voted is herewith submitted for your approval. ARTICLE 11. To see if the town will General By-Laws by striking out the the following sentence: A majority vote to amend Section l0 of Article IV of its first sentence thereof and inserting in its place of a committee consisting of one of the Selectmen, the Town Clerk, Lhe Town Treasurer, the Moderator, one of the Assessors, a member of the Board of Public Works, a member of the School Committee, a member of the Board of Health, and a member of the Planning Board shall annually in June appoint and, subject to sppropriation therefor, fix the compensation of an attorney at law who shall be a resident of the Town and a member in good standing of the Bar of the Commonwealth, to seize as Town Counsel for the ~erm of one year from the first day of July next following, and until his successor shall have been duly appointed and qualified. Petition of Selectmen. Under the aforesaid Article ll., it was VOTED to amend Section lO, of Article IV of the General By~aws by striking out the first sentence thereof and inserting in its place the following sentence: A majority of a committee consisting of the Town Clerk, the Town Treasurer, the Moderator, the Highway Surveyor and after a vote of each of the following Boards or Committees the Chairman of the Board of Selectmen, the Chairman of the Board of Assessors, he Cha~.rman of the Board of Public Works, the School Committee Chairman, the Board of Health Cha~.rman and the Chairman of the Plannin~ Board shall annually in June appoint and, subject to appropriation therefor, fix the compensation of an attorney-at-law who shall be a resident of the Town end a member in good standing of the Bar of the Commonwealth, to serve as Town Counsel for the term of one year from the first day of July next following, and until his successor shall have been duly appointed and qualified. ARTICLE 12. To see if the Town will vote, under Section 1, Chapter 41 of the Generai Laws, to authorize its Treasurer hereafter to act as its Collector of Taxes. Petition of the Selectmen. Under the aforesaid Article 12, it was VOTED TO ADOPT the Article to take effect on the first Monday in March 1976. ~TICLE 80. To see if the Town will vote to amend Section ll of Article IV of its General By-Laws by striking out the Word "March" and inserting in place thereof the word "June". Under the aforesaid article it was VOTED TO ADOPT the article. ARTICLE 81. To see if the Town will vote thatat the Annual Town Election to be held in the year 1976, and tri-annuallythereafter, the Moderator shall be elected for a term of three years. Under the aforesaide Article 81. it was VOTED TO,OPT THE ARTICLE. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF TH E PEACE TOWN E!Ul LD!NG Nm'th Andove~, Mall. 01845 Honorable Francis X. Bellotti: 2. ~ay 14, 197% General By-Laws Con't. All requirements of the Law regarding Articles 11, 12, ~0 and 81 have been complied with. The Meeting opened at 1:30 P.M., and adjourned at 6:00 P.M., with Town Moderator Donald F. Smith, Esquire Presiding. Five hundred and sixty-eight (568) duly registered voters w ere presnet and checked by the Board of Registrars. A true copy: ATTEST: ~~~ TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE May 14, 1975 TOWN BUILDING North Andover, Ma~. 01845 CERTIFICATE OF VOTE This is to certify that by its action upon Articles, 28, 29, 30, 48 and 49 of the Warrant for bhe Annual Town Meeting of April 26, and 28, 1975 of the Town of North Andover VOTED TO At~ID the written text of the 1974 Zomin~ By-Law (as heretofore amended from time to time) by amending as described in Statements of Meeting with vote of same herewith attached. An attested copy of the 1974 Zoning By-Laws as adopted is on file in your office. ATTEST: TOWN OF NORTH ANDOV£R JOHN ]. LYONS, Town Clerk ELECTION DEPARTMENT JUSTICE OF THE PEACE TOWN BUILDING f f COPY TO PLAN~NG BOARD: Honorable Paul H. Guzzt Secretary of The Commonwealth State House. Boston, Mass. Dear Mr. Guzzi: May 30, 1975 At our Annual Town Meeting held in the Veteran's Auditorium of our North Andover Middle School on Saturday April 26, and Monday April 28, 1975 the following was voted: ARTICLE 27. To see if the. Town will vote to join the National Flood Insurance Program and to designate an appropriate Town Agency to report to HUD thereunder. Article 27. Voted, unanimously, that the town adopt the fol- lowing two resolutions. " RESOLUTION A WHEREAS certain areas of North Andover are subject to periodic flooding causing serious damage to properties within these areas; and WHEREAS relief is availabl~ in the'form of federally subsidized flood insurance as authorized by the National Flood Insurance Act of 1968; and WHEREAS it. is the intent of the Town to require the recognition andevaluation of flood hazards in all official actions relating to land use in the flood plain areas having special flood hazards; and WHEREAS North Andover has the legal authority to adopt land use and control measures to reduce future flood losses pursuant to the constitution and general laws of the Commonwealth; now, THEREFORE, North Andover hereby votes and RESOLVES: That it will enact and amintain in force for those areas having flood hazards adequate land use and control measures with enforcement ,provisions consistent with the criteria set forth in s.1910 of the National Flood Insurance Program Regulations; and The Planning Board is hereby authorized and directed to: ~. assist the Flood Insurance Administrator in delineating flood hazard areas on available local maps of sufficient scale to locate building sites, for future Town Meeting consideration; b. provide such information as the Administrator .may request concerning present uses and occupancy of the flood plain; TOWN OF NORTH ANDOVER ..JOHN .L LYONS, Town Clerk ELECTION DEPARTMENT JUSTICE OF THE PEACE TOWN BUILDING North Andovel', MII~. 01845 Honorable Paul H. Guzzi ARTICLE 27. (Con't.) May 30, .1975 c. cooperate with federal, state and local agencies and private firms which undertake to study, survey, map and identify flood hazard areas and cooperate with neighboring communities with respect to management of adjoining flood hazard areas in order to prevent aggravation of existing hazards; d. submit on the anniversary date of the Town's initial eligibility an annual report to the Adminis- trator on the progress made during the past year within the Town in the development of flood plain management measures; e. take any other action reasonable and proper to carry out program objectives of minimizing or eliminating flood damage. RESOLUTION B WHEREAS, the Town is enforcing the Massachusetts State Building Code and those of its own By-Laws not in conflict therewith, and WHEREAS the relevant provisions of said Code and said By- Laws prohibit any person, firm or corporation from erecting, constructing, enlarging, altering, Kepairing, improving, moving, or demolishing any building or structure without first obtaining a separate building permit for each building or structure from the Building Inspector; and WHEREAS, the Building Ins- pector must examine all plans and specifications for the p?o- posed construction when application is made to him for a building permit; now, THEREFORE, BE IT RESOLVED, as follows: 1. Th'at the Planning Board shall review subdivision pro- posals and other proposed new developments to assure that (a) all such proposals are consistent with the need to minimize flood damage, (b) all public utilities and facilities, such as sewer, gas, elec- trical, and water systems are located, elevated,and constructed to minimize dr eliminate flood damagetand {c) adequate drainage is provided so as to reduce ex- posure to flood hazards; and 2. That the Building Inspector shall review all building permit applications for new construction or substan- tial improvements to determine whether proposed building sites will be reasonable safe from flooding. If a proposed building site is in a location that has a ' flood hazard, any proposed new construction or sub- .stantial improvements (including prefabricated and mobile homes) must (al be designed {modified and anchored to prevent flotation, collapse, or lateral TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION OEPARTMENT JUSTICE OI= THE PEACE TOWN BUILDING Nm'th Afld~v~r, Mm. 01 B45 IHonorabl'e Paul H. Guzzi MaY 30, 1975 ARTICLE 27. (con't) movement of the structure, {b} use construction mat- erials and utility equipment that are resistant to flood damage, and {c} use construction methods and practices that will minimize flood damage, and That the Board of Public Works shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eli- minate ~nfiltration of flood waters into the system and discharges from the systems into flood waters, and That the Board of Health shall require on-site waste disposal systems to be located so as to avoid im- pairment of them or contamination from them during flooding. All requirements of the law were complied with. gistered voters were present. A true copy: ATTEST: 586 duly re- ThE COMMONWEALTH OF MASSACHUSETTS DEParTMENT OF The aTTORNEY GENERAL STATI~ House ® boston 02133 June 5, 1975 Mr..John J. Lyons Town Clerk North Andover, Massachusetts 01845 Dear Mr. Lyons: Before this office may act upon the town's request for approval of the by-laws adopted at the 1975 Annual Town Meeting, more information is required. Article 80: Please submit a copy of the by-law which is being amended. Article 28: Please submit a copy of the notice of the hearing of the planning board as required by General Laws, Chapter 40A, Section 6, together with two certified copies of the maps referred to in the by-law for approval. Article 29: Please submit a copy of the by-law being amended together with a copy of the notice of the hearing of the planning board as required by General Laws, ch~apter 40A, Section 6. Article 30: Please submit a copy of the Earth Removal by-law referred to in the notice of the hearing of the planning board. Article 48: Please submit a copy of the notice of the hearing before the planning board together with two copies of the zoning map.with the changes noted thereon. If you have any questions concerning this matter, please feel free to contact this office. SAR/alg Very truly yours, Steven A. Rusconi Assistant Attorney General JOHN J. LYONS, Town Clerk C.M.C. ELECT,ON DEPARTMENT JUSTICE OF THE PEACE TOWN OF NORTH ANDOVER Steven A. Rusconi. Assistant Attorney General Commonwealth of Massachusetts State House Boston, Mass. June 10, 1975 ~ TOWN BUtLOING North AndoYet', Mess. 01846 Dear ~. Rusconi: Tn compli~ce with your letter of the 5th, received June 9, the following is submitted: Article 28. Article 29. Article 30. ARTICLE Article 80. Copy of notice, two copies of maps. Copy of by-laws with notice of hearing. Copy of earth removal laws. Copy of notice of he'aring with zoning maps. Copy of Town General By-L~ws with copy of article for same. Trusting these comply with all the "ever-changing" laws and thanking you very much for your kindnesses and cooperation. I guess I am still learning after twenty-nine (29) years on the job, Very truly ~ours, JOHN J. LYONS. TOWN OF NORTH ANDOVER JOHN ]. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE , TOWN BUILDING North Andovm,, M~s. 01845 June 10, 1975 Honorable Francis X. Bellotti. Attorney General of The Commonwealth State House. Boston, Mass. Dear Mr. Bellotti: In compliance with your request I am~ain submitting Article 80 of our Annual Town Meeting of April 26, 1975 for your convenience, with a copy of o~r Towns General By-Laws. ARTICLE 80. To see if the Town will vote to amend Section 11 of Arbicle IV of its General By-Laws by striking out the word "March" and inserting in its place the word "June." Under the aforesaid article it was VOTED TO ADOPT the article. TOWN OF NORTH ANDOVER JO~N J. ]LYoNs, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE TO ~Vl~l BUILDING NORTH ANDOVEH, ]~[AS$. 01845 July 30, 1976 Honorable Francis X. Bellotti. Attorney General of The Commonwealth State House Boston, Mass. Dear Mr. Bellotti: On May 14, 1975 I submitted to you for approval three articles on Zoning voted at our Annual To~n Meeting of April 26, 1975 with al 1 necessary papers. Your approval of same received by me July 10, 1975 with grateful thanes. However, on Article 28 of same through an oversight the article should have read as follows.. ARTICLE 28. VOTED, UNANIMOUSLY, that the Town's Zoning By-Law be amended as follows: 1. To Section 1 add paragraph 10: reducing the probability of losses resulting from floods. 2. To Section 3.1 add: Flood Hazard District. 3. To Section 3.2 add: add new sentence: The Flood Hazard District is defined as all areas so designated on maps entitled "FIA Flood Hazard Boundary Maps" H01-O8 dated June 28, 1974 on file with the Town Clerk, incorporated by reference herin. 4. Add new Section 4.13 - (depending on Article 48) to .Tead as follows: 4:13 - Flood Hazard District. (1) Any other by-law or regulation to the contrary nothwithstanding, no con- struction shall be permitted within the District ,re]ess it has been duly determined that all utilities are located, elevated and constructed so as to minimize or eliminate flood damage and that methods of disposal for sewage, refuse and other wastes and for providing drainage are adequate to reduce flood hazards. All compliances with the above, article were complied with. All necessary papers, statements, warrants, officers return, certificate of vote, Planning Boards decision newspaper notice, list of qualified members of Planning Board, remain the same as submitted to you previously. Thanking very much for all your ktndnes,ses and cooperation with this office. A true copy: ATTEST: JOHN J. LYONS. Dear I knc~ you are busy ]~Me the rest of us and we can all ~ake ~istakes, I I have ~ade the biggest aistake by staying c~ this Jo~ us To~n Clark for the past thirty years. Thimk I have had it. enclosed are three items: 1. Should have gone to the Tc~n of Ac%on, ~ass. 2. Letter returned for your signature. In reap~nse to your le%%e~ of August 4~ to ~ letter to you of July 30. Copy of Article a~ it ~ a~ voted at To~n Meeting~ a~l attestedm Eve~ was in proper for~ and order except ~he~ aubaitted to your office for approval I sul~itted the wa~ the article read in the Warrant amh~hould have been es TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE May 14, 1975 Honorable Francis X. Bellotti. Attorney General of The Commonwealth State House. Boston, Mass. TOWN BUILDING North Andovar, M~. 01~4§ Dear Mr. Bellotti: At our Annual Town Meetdng held in the Veteran's Auditorium of our North Audover Middle School oK Saturday April 26, 1975 at 1:30 P.M., the following Zoning By-Laws Articles appeared in the Warrant and was voted upon is herewith submitted for your approval. ARTICLE 28. To see if the Town will vote to amend its Zoning By-Law to regulate construction in flood hazard areas shown on maps entitled "Town of North Andover, Mass. (Essex Co.) FIA Flood Hazard Boundary Maps" HOl-08 dated June 28, 1974 on file with the Town Clerk. Petition of the Planning Board. Under the aforesaid Article it as VOTT~D UNA~MOUSLY to adopt the article. ARTICLE 29.. To see if the Town will vote to amend Section 9.13 of the Zonio~ By-Law so as to read: 'Ighoever violates any provisions of this By-Law, except as may be otherwise specifically provided thereby, shall be punished by a fine not exceeding $20.00 for each offense. Each day that such violation continues shall constitute a separate offense.". Petition of the Planning Board. Under the aforesaid article it was VOTED AFFIrmATIVE 222. NEGATIVE 2. ARTICLE 30. (AS FOLLOWS) ARTICLE 30. To see if the Town will vote to amend its Zoning By-Law by striking therefrom Section 5, and inserting in place thereof the following new Section: 1) 2) 8) 4) 5) 6) Section 5 5.1 GENERAL The stripping or removal of earth material from any parcel of land, public or private, in North Andover is prohibited except as permitted by the provisions of this Section of the By-Law. Exclus/ve jurisdiction to issue Earth Removal Permits shall be with the Board except for permits allowed in Paragraphs 5.5 and 5.6. The Board or the Building Inspector shall have the authority to issue an OPerating Hours Extension Permit, as defined in Subsection 5.2 (4). The Building Inspector shall have the authority to enforce all condi- tions of any permit issued under this Section of the Zoning By-Law. All earth removal operations in existence in North Andover on the effective date of this Section shall be subject to the requirements stated herein. However, all Earth Removal Permits issued prior to the effective date of this Section, shall remain in effect until their expira- tion date. At such i/me, said operation shall be subject to the prod- slons of this Section, unless otherwise allowed by the Board, for a period not to exceed six (6) months, An annual fee of One Hundred ($100.00) dollars shall be required for Earth Removal Permits. Miscellaneous Earth Removal Permits shall require an annual fee of Twenty-five ($25.00) dollars. Honorable Francis X. Bellotti. ARTICLE 30. (Con't.) TOWN OF NORTH ANDOVER .JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE e TOWN BUILDING North Andovet', MSl~. 0184B May 14, 1975 7) Violation of this ~ection of the Zoning By-Law, notwithstanding the provisions of Section 9.13, imposes a penalty of Fifty ($50.00) dollars for the first offense. One Hundred ($100.00) dollairs for the second offense, and Two Hundred ($200.00) dollars for each subsequent offense. Each day of operation in violation of this section will be considered a separate offense. 8) Any sanitary land fill operated by the Town of North Andover shall be exempt from the provisions of this section. 5. 2 DEFLNITIONS: 1) Applicant: The owner, or prospective owner by reason of a purchese and sales agreement, of the land shown by the plan ~ubmitted with the Earth Removal Permit Application. 2) Earth Materials: "Earth Materials" shall include soil, loam, sand, gravel, clay, peat, rock or other allied products. 3) Earth Removal Operations: The stripping excavation or removal of any earth material from any site, within the Town of North Andover. 4) Operating Hoofs Extension Permit: A permit imued by the Board or the Building Inspector for an extension of the time of operation for trucking from the site until g:00 P.M. 5) Board: Zoning Board of Appeals 5.3 APPLICATION FOR EARTH REMOVAL PERMIT 1) All applicants for Earth Removal Permits must submit seven (7) copies of the following information concerning the proposed site of the removal operation to the Bdard thirty (30) days prior to sub- mission of an application for an Earth Removal Permit. The Board shall distribute the information to the Planning Board, Building In- spector, Conservation Commission, Board of Health, Highway Depart- merit, and Police Department, so that recommendations from these Departments may be submitted for the required public hearing. 2) A plan or plans to scale, (1" = 40') prepared and stamped by a registered land surveyOr and/or a registered engineer, showing the property lines of the parcel of land under consideration along with all abutters to the property, exiztlng and final contours in five (5) foot elevation increments, existing and proposed structures, existing and proposed final drainage of the site including all culverts, streams, ponds, swamps, and siltation basins, means of entrance and egress from the property, locus map, and any other pertinent data deemed necessary by the Board. 3) A plan, study or report showitlg the proposed ultimate use of the land conforming with the existing Zoning By-haw. Proper planning for future land use shall be a prime consideration affecting the issuance of an Earth Removal Permit. 4) A complete list of the names and addresses of current abutters of the property where such removal is proposed. 5) An operating schedule showing the active ama (not to excaed five (5) acres) where the earth removal will begin and also how the total parcel will be de~eloped in progressive five (5) acre increments. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE Honorable Francis X. Bellott±. e TOWN BUILDING North Andovar, M.~I. 01846 Hay 14, 1975 5.4 PERM~I~S FOR EARTH REMOVAL · 1) The Board may issue Earth Removal Permits for any zoning district, comptete with conditions imposed, for ames not to exceed forty (40) acres. All permits shall conform to the minimum restoration and op- erating standards contained herein and such other conditions as the Board may deem necessary. Said permit shall allow the working of only five (5) acres at any one time. Upon completion of the earth removal operation on a five (5) acre parcel, or a part thereof, and substantial restoration of said parcel as determined by the Board, according to the restoration standards and the permit conditions, ap- plication may then be made to the Board for a permit renewal. Such permit renewal shall allow the removal of earth on another five (5) acres section, as shown by the operating schedule submitted with the permit application. This procedure shall be followed until the opera- tion is completed. 2) The permit shall be considered a non-transferrable revocable permit to remove earth materials. If it is found that incorrect information was submitted in the application, or that conditions of the permit are being violated, or that the governing regulations are not being foi- Iowe~, the permit shall be suspended until all provisions have been met and the premises made to conform. Failure of the permit holder [o comply within the time specified by the Board for correction of violations shall cause the permit to be revoked, forfeiture of the secur- ity to the ~"own, and the imposition of all fines as set forth in Para- graph 5.1 (~. 3) The Board shall discuss and review the permit periodically, and at a minimum, annually. Written progress reports showing conformance with regulations and permit conditions shall be submitted to the Board by the Building Inspector or his designated agent every three (3) months. 4) An Earth Removal Permit shall not be in effect until the applicant ha~ file~ the proper security as required' in Paragraph 5.9, paid the re- quired fees as required by Paragraph 5,1 (6), and recorded the special permit at the Registry of Deeds. 5) Mechanical crushing and screening may he permitted by the Board after a public hearing with due notice given. 5.5 EARTH REMOVAL INCIDEHTAL TO DEVELOPMENT AND CONSTRUCTION 1) This regulation shall be deemed not to prohibit the removal of such sod. loam, soil, clay, sand, gravel or stone as may be required to be excavated for the purpose of constructing ways in accordance with lines and grades approved by the Board or a definitive plan, approved by the Planning Board, or for the purpose of constructing under- ground utilities. 2) Where soil is to be removed in connection with the preparation of a specific site for building, removal may take place only after the issuance of a building permit by the Building Inspector. Removal will be allowed only from the area for the buildings, driveways, parking areas, and from areas where removal is specifically required by the Board of Health in connection with disposal systems. Where special circumstances exist requiring general regradlng, removal of peat, etc., the builder may file a plan and request for an additional soil removal permit with the Building Inspector as provided in Paragraph 5.6 be- inW. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE TOWN BUILDING Nm'th Afldover, Ma~, 01845 Honorable Francis X. Bellotti: w May 14, 1975 5.6 MISCELLANEOUS REMOVAL OF EARTH INCIDENTAL TO IMPROVEMENTS. 1) Removal of miscellaneous amounts of Earth is permitted provided the removal is necessary for the improvement of the property from which removal takes place and provided the removal is in accord, with the expressed intent and purpose of the provis/ons of this By-Law. Re- moral of aggregate quantities of less than fifty (50) cubic yards from any one general site requires no formal permit. Where the removal of soil in quantities in excess of fifty (50) cubic yards but less than one thousand (1,000) cubic yards is desired, application must be made to the Building Inspector for a Miscellaneous Soil Removal Permit. Where special circumstances exist which require the removal of soil in excess of one thousand (1,000) cubic yards, but for which a general permit under paragraph 5.4 is not appropriate, a permit for a larger amount up to five (5,000) cubic yards may be issued provided that it additionally has the approval of and bears the signature of the Board. Said action does not require a public hearing. The permit shall indi- cate the approximate quantity of soil to be removed, the purpose of removal, and the location of the site of removal. The permit shall also specify that upon completion of excavation, exposed subsoil shall be graded and covered with loam to a minimum depth of six (6) inches and that the removal is to be controlled by the appropriate sections of Paragraph 5.7 (Operating Standards). Except where the removal under this Paragraph is done in connection with the formation or enlarge- ment of a pond, excavation shall not be permitted below the mean grade of the street or road serving the property. The excavation of flow of a water course or to cause surface water to gathe~ as u sump or swale'. Pits for burying large rocks and stumps shall immediately be back-filled for safety reasons. Failure to meet the requirements of this Paragraph shall be deemed a violation of the Zoning By-Law. 5.7 OPERATION STANDARDS Time of Operation 2) Site (a) Excavation and site maintenance .may be carried on from 6:30 A.M. until 7:30 P.M., Monday through Saturday. (b) Trucking from the site may be carried on from 7:00 A.M. through 6:00 P.M., Monday through Saturday. (c) An Operating Hours Extension Permit for trucking until 9:00 P,M. for no more than three (3) consecutive days ma:/be granted by the Building Inspector after reviewing conditions of the appli- cation. Said application shall show reason for extension of time, distance of hauling, and approximate cubic yardage to be hauled. Preparation (a) Only the active area described in the permit application may be made ready for earth removal. ~ No standing trees are to be bulldozed over, or slashed and bull- dozed into piles. All trees must be cut down. All wood and brush must be piled for removal or chipping. Wood chips may remain on the site. No trees are to he buried on the site. (c) Stumps shall be buried in predesignated area as shown on applica- tion plans. (d) Any change in stump burial must be submitted to the Board for approval. 3) Topsoil Storage (a) All topsoil removed from the active removal area shall be piled for future site restoration. (b) No topsoil shall be removed from the site until all areas have been restored and permission has been granted by the Board. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.Wi.C. ELECTION DEPARTMENT JUSTICE OF THE FEACE TOWN gtUILDINO North Andnve~, M~. 01845 May 1~4, 1~75 4) Erosion Control (a) Prior to any e~cavation or earth removal, adequate siltation basins, shall be constructed to prevent the runoff of silted water from the site. (b) All excavation shall be done so as to create contours to channel runoff waters into the siltation basin~ (c) No siltation basin shall exceed seven (7) feet in depth. (d) Siltation basins must be cleaned when sediment deposits are with- in eighteen (18) inches of the outfall invert. 5) Dust Control (a) No earth removal operation shall create excessive amounts of dust or allow roads leading into or from a site to become excessively dust producing. (b) Proper dust control methods shall be approved by the Building Inspector. 6) Excavation Near Brooks (a) No excavation shall be made which will alter the natural way or existing elevation of a brook, stream or river. (b) All banks of brooks, streams, and rivers shall be reconstructed to be aesthetically attractive and of sufficient height to prevent abutting properties from flooding. (c) Said bank height shall be computed for a fifty (50) year storm for all brooks, streams, and rivers up to eight (8) feet in width and two (2) feet in depth; and for a one humlred (100) year storm from all brooks, streams and. rivers which exceed this size. 7) 8itc Screening (a) An immediate program of site screening shall start when site prep- oration begins. (b) All entrances shall be screened with existing vegetation, ever- greens, or other suitable natural methods, so ~ to prevent a direct view into the earth removal are~. (c) All areas within fifty (50) feet of a traveled way or abutting property lines shall be reforested immediately upon completion of the earth removal operation of that area. Said reforestation shall '.be done in accordance with the North Andover Tree Department. A minimum of One Hundred Fifty (150) trees per acre shall be used for this reforestation~ Areas which are to be used for agricultural purposes after earth removal operations are completed may be reforested in the fol- lowing manner: Trees shall be planted twenty-five (25) feet deep from the road or property line. The remaining area shall immediately be planted with grass or other suitable agricultural planting material. Honorable Francis X. Bellotti. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M,C. I~kECTION DEPARTMENT JUSTICE OF THE PEACE e 8) Access Roads TOWN BUILDING North And!ova;0 Mem. 01845 May 14, 1975 (e) (a) All access roads shall be level with intersecting streets for a dis- tance of sixty (60 feet.) (b) A STOP sign shall be installed so as to warn any vehicle enterinll onto a Town Street. (c) All access roads shall be equipped with a suitable locking gate to prevent unauthorized entry. 9) Site Maintenance (a) No open face excavati°n shall exceed twenty-five (25) feet in heighL (b) No excavation shall be closer than fifteeo (1§) feet to a property line. No slope shall exceed a two (2) foot horizontal to a one (1) foot vertical (2:1) grade. 10) Temporary Buildings (a) All temporary structures shall be specified in the special peak,it application and shown on the plan. (b) Any structure erected on the premises for use by personnel or storage of equipment shall be located at least forty (40) feet from any existing roadway and at least .thirty (30) feet from any lot line. (c) Any temporary structure will be removed no later than ninety (90) days after the expiration date of the permit. Mechanical Crushing and Screening (a) All crushing and screening permits shall be granted for a period not to exceed six (6) month~ (b) Said permits shall be granted as a cleanup procedure only. (c) Washing of processed material will not be allowed. (d) Operation of crushing or screening equipment shall be'from 7:30 A.M. until 5:00 P.M., Monday through Friday. (e) All crushing and screening equipment shall be equipped with suit- able dust and noise control devices. 5.8 Restoration Standards All restoration must be completed within sixty (60) days after the termination of an earth removal permit or by the first of June if the permit terminates between December first through March thirty-first. No slope shall be left with a grade steeper than a two (2) foot horizon- tal to a one (1) foot vertical (2:1). All siltation basins shall be filled with earth, and a natural drainage pattern must be re-established. No area upon the site which will col- lect water shall remain unless approval is granted by the Board or unless the area was shown on the original application plans. All topsoil which was on the site prior to earth removal operatious shall be replaced to a minimum depth of six (6) inches on all dis- turbed areas. Sites that had less than six (6) inches of topsoil shall be restored with a minimum of four (4) inches over the entire are~ Seeding - The entire area shall be seeded with grass or legume which contains at least sixty (60) percent perennials. The planted area shall be protected from erosion during the establishment period using good conservation practice~ A~ which washout ~re to be repairs) im- m~diate!y. 11) 1) 2) 3) 4) 5) Honorable Francis e) TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE 7) a) X. Bellotti. 7, TOWN BUILDING Nm'th Andov~, M~. 01845 May 14, 1975 Reforestation - All areas which are disturbed in the earth remo~ral operation shall be reforested with fifty (50) percent coniferous and fifty (50) percent deciduous trees planted at the rate of one hundred fifty (150) trees per acre. All trees used are to be a minimum of two (2) year transplants. Said planting shall be in accordance with the recommendations of the North Andover Tree Department. Areas which are to be used for agricultural purposes after earth removal operations are completed may be reforested in the following manner; (a) Trees shall be planted twenty-five (25) feet deep from a public road or property line. (b) The remaining area shall immediately be planted with grass or other suitable agn'icultural planting material. Permits issued by the Building Inspector for soil removal incidental to construction or for special purposes are exempt from reforestation paragraph. Within ninety (90) days of completion of operations, ali equipment, accessory buildings, structures, and unsightly evidence of operation shall be removed from the premises. 5.9 Security Requirement There must be filed with the Town Treasurer, a continuous bond or deposit of money in the minimum amount of One Thousand (1,000.00) dollars per acre to be excavated, and shall be of a sufficient amount to cover ten (10) acres, or the total parcel, whichever is smaller, as determined by and satisfactory to the Board. After completion of the total project, and at the applicant's written request, the Board may grant a partial release of any security posted by the applicant. One (1) year after such a partial release is granted and if in the opinion of the Board, no damage or deterioration to the finished project has developed, the Board will issue a final release of the security. If, during the year following the date of a partial release, slumping, gullying, erosion or any other unsatisfactory condition appears, the applicant shall be responsible for, and shall make any necessary repairs, before final release of security is granted. The bonding agent shall be required to give the Board of Appeals, by Registered or Certified Mail. a sixty (60) day notice prior to any ter- ruination or cancellation of the Bond. Under the aforesaid Article 30, it was VOTED unanimously to ADOPT the article. 48. ( ts FOZ, LC S) ARTICLE 48. To see if the Town will vote to amend its Zoning By-Law in the following respects: a) column designated as "Ind. 3", and two footnotes thereto, all as follow~: 1) By adding to Section 3.1 the designation "Industrial 8 District" 2) By re-numbering Section 4.131 as "4.132", and by adding a new Section 4.131 reading as follows: ' 4.131 Industrial 3 District 1) Public Buildings 2} Public Garages and Accessory Buildings 3) Public Service Corporations 4) Public Sanitary Disposal 8itc 5) Public Storage of Equipment 6) All Uses Permitted in the Industrial 1 District By adding to Table 2 (which follows Section 6 of the By-Law) a new JOHN ]. LYONS, Town Clerk C.M.C. ELEcTIoN DEPARTMENT JUSTICE OF THE PEACE Honorable Francis X. Bellotti. ~.RTI CLE 48. ( Con' t ) Lot Area~ 435,600 sq. ft. (10 acres) Height Maximum: 55 ft. Street Frontage: 150 ft. Front Setback: 100 ft.lO Side Setback: 200 ft.10 Rear Setback: 200 ft.10 Floor Area Ratio: 0.50:1 Lot Coverage: 35%11 Dwelling Unit Density: N/A Footnote references for above: TOWN OF NORTH ANDOVER m TOWN BUILDING North Andover, Mass. 01845 May 14, 1975. 10Where a public sanitary disposal site is the primary use, the setback area shall be used to provide a screening, natural or artificial, from adjacent residential use or public roadway. 11 Where a pul~lic sanitary disposal site is the primary use an increase up to 100% of the lot Coverage shall apply, not including the setback areas. Petition of the Planning Board Under the aforesaid Article 48 it was VOTED unanimously to ADOPT the Article. ARTICLE 49. (AS FOLLOWS) ARTICLE 49. To see if the Town will vote to amend its Zoning By-Law by changing the Zoning Map of the Town to include the parcel of land hereinafter described within the Industrial 3 District: Beginning at the southwesterly corner thereof at a point located on the northerly side of the Missile Site Road, so.~alled, 460 feet more or less easterly from the northeastern intersection of said Missile Site Road and the Salem Turnpike (Route 114); thence turning and running easterly along the northerly side of the Missile Site Road, 1950 feet more or less, to a stone wall at land now or formerly owned by said Commonwealth of Massachusetts along a stone wall, 375 feet more or less, to a point; thence turning and running northeasterly and northerly in several courses by land of said Commonwealth of Massachusetts along a stone wall, 365 feet more or less, to a corner stone wall; thence turning and running westerly and northesteriy in several courses along a stone wall by land now or formerly Commonwealth of Massachusetts, 2800 feet more or less, to an inter- section of a stone wall at land now or formerly owned by Jean P. Proulx; thence turning and running westerly along a stone wall by land now or formerly owned by Jean P. Proulx, 900 feet more or .less, to an inter* section of stone wall at land now br formerly owned by the Worcester County National Bank; thence turning and running southwesterly by land of said Worcester County National Bank, 170 feet more or less, to a corner of stone wall at land now or formerly owned by the Wasil Realty Trust; thence turning and running southerly and southwesterly in several courses along a stone wall by land of said Wasil Realty Trust, 680 feet more or less, to an intersection of a stone wall at'land now or formerly owned by 'Edward H. and Ruth M. Broughton; thence turning and running southeast- eriy along a stone wall by land now or formerly owned by said Broughton along a stone wall, 495 feet to a corner of a stone wall at land nor or formerly owned by Constantine Papanechail; thence turning and running southeasterly by land now or formerly owned by said Papanechalt, Edward Jr. and Miriam Pinaud, James J. and Judith A.~ Pelrine, Harry W. and Gertrude F. Leer, John Rabchinuk, and Edward M. and Shirley A. Knowl- ton along a stone wail, 1275 feet or less, to the point of beginning. Petition of the Planning Board Under the aforesaid Article 49 it was VOTED unanimously to ADOPT the article. TOWN OF NORTH ANDOVER JOHN J~ LYONS, Town Clerk C.M.C. EL, ECTION DEPARTMENT JUST)CE OF THE PEACE 1'OWN BU)LOING Nort~ Andover, M~. 01846 HOnorable Francis X. Bellotti. 9. May 14, 1975 All requirements of the la~ regarding ILrticles 28, 29, 30, 48 and 49 have been complied with. The Meeting opened at 1:30 P.M., and adjourned at 6:00 P.M., with Town Moderator Donald F. Smith, Esquire Presiding. ~lve hundred and sixty-eight (568) duly registered voters were present and checked by the Board of Registrars. A true copy: ATTEST: Dear S%eve: I know you are bu~y like the rest of us and we ~an m~ ~ake ~istake~, I I have --de the biggest ~istake by staying oa this Job as Town Clerk for the past t~ty years. Think ! have had it. However, enclosed are three Items: 1. Should have go~e to the Town of Aeton, Haas. 2. I~tter returned for your signature. In response to your letter of August 4, to ~ letter to you of Jul~ 30. Copy of Article a~ it ~ as voted at To~n ~ee%ing~ all affected: Ever~ was in proper for~ and order ex~ep% when suleaitted to your office for approval I au~aitted the wa~ the article read in the Warrant m~h~hould have been as ~B lo. oMa: TOWN 0~' NORTH ANDOVER MASSACHUSETTS April 2~, 1~75 ~ehn $. Lyems, Town Clerk T~m Office Bmilding North Andover, Massachusetts Dear Sir: The ?launing ~kmrd hearings on She following proposals for re-zoning amd amendments to the Zoning By-Law, pursuant to the provisions of G.L.o. 40~, Sec. 6, were held on the d~tes specified as follows: The hearings ca Articles 14 and 15 were held on Thursday evening, April 3, 1~75, at 7:30 P.M. in the Niddle School Auditorium. Oa April 7, 1975 the Planning Board voted on the proposed amendments. The full Board was present at that time. The hearings were published in the Lawrence Eagle-Tribune on Nareh 15 and~22, 1975 and abutters were duly n~tified by certified mail. The public hearings on Articles 28, 29, 48, and 49 were held ca Monday evening, Naroh 24, 1975 at 7:30 P.N. in the Fire Station Nesting Room. The full Board voted on the proposed amendments the same evening. The hearings were published in the Lawrence ~gle-TriBune on March 10 and 17, 1975. The public hearing en Article 30 was held on Tuesday evening, February 18, 1~75 at 8:30 P.M. in the Fire ~tation meeting Room. Oa Monday evening, Naroh 3, 1~75, the Planning Board voted on the proposed amendment. The i~n-ll Board was present. Member l~z Ostherr was unable to attend the public hearing due to Business oc~mittments; however, the hearing was tape recorded in order that he would be aware of what took place and able to vote on the petition. At each of the above stated hearings, except February 18, 1~75, the follcering members were present and voting: William Chepulis, Chair.~ -; l~ri%z Ostherr, Vice-Chairman; William N. ~lem~e, Clerk; Pat~l R. La~prey and ~ohn ~. Non%elto. Fri$~ Ostherr was the absent member on February 18, 1975. Legal notices of ~11 hearings are at~ohed hereto. The Bm=._.rd voted and recommended as follows: TOWN OF NORTH ANDOVER MASSACHUSETTS PC~ ANNUAL T0~N MEETINO - April The Planning Board unanimously reoceanends II~AV~a~.~ A~rn~ on an Environ- mental Control District and Cluster Dwelling for the following reasons"' 1, The proposed amendment was hastily conceived. 2, The Pla~ming B_~a__rd feels there is no social need for high density housing in our watershed, This bears out the recommendation of our Master Plan, 3. The term ~Envircnaental Control District' is misleading - ex, trade-off the developer suggests, 4. P~llutan%s and run-off froa development would be detrimeatal to our ~e, The oons%ruotiou of sever system is not an econemioal alternative at this time. 6. The oreation of the subject distriot would open all lands around the Lake Coohiohewick watershed which would eventually kill the Lake. 7, Discrepancies between the report received from the developer and the report frc~ the ad hoo study oommittee. The Planning Board unanimously recommends UNPA¥CRAI~E ACTIO~ to rezone the parcel of la~d described within the Enviro_-__._ment~l Control Distriot. See reasons stated above. The Pla-~ing Board unanimously recommends FAV~_a~-~ ACTH~. This amendment governs the flood hazard areas dssigna~ed By Boundary maps. The Planning Board unanimously recommends F.A7(~ I~E ACTI(~, This amendment proposes to ~limt~te an~ added ooufusion in the ex:isti,',g By-Law in regard to penalties inasmuch as the Earth Materials Removal section has its o~n p_a~_alty. . AR~C~E 30: The Planning Board unanimously recommends FA.VO~a~T.~ AC .TI~, for the following re~sc~s: 1. tightens up an area that ~as slightly lax. 2. Backed 1~ members of concerned to~n depts, who worked ea the proposed ~y-Law aloug ~ith earth removal operators and interested oitizeas, 48: 49: The Planning ~rd ,~m~-_imously recommends FA~.~,,,, This a~ende~nt will &llow the oreatic~ of a district for a To~n S&nitary L~ndfill. The Planning Ik~rd feels this is au appropriate area for the landfill. The Planning ]~ard unanimously recommends FAV~A~.E ACTI~. This amendment describes the paroel of land allowed for the Sanitar~ Land- fill. The Planning Board feels that it will fit l~gically into this area. The Pla.-ning Board, by a v~te of 4-1, reoommends I~FA?C~ABLE A~,~-%o desi~te (a) A~ R~d ~ ~ ~et to ~t ~d R~, (b) ~r~$ P~d R~ ~ its ~~, at %he 01d C~ter, %o the po~$ ~e~ it jo~s ~e. 133, ~d (o) ~ ~e% ~ its ~~, a~ ~d~er ~e%, to its ~%erse~i~ ~%h ~e, 125, ~e ~as~s ~ as foll~ ~e P~ ~ ba~ neit~ ~opted o~%e~ nor p~d or adopted adtte pr~s for d~l~ ~h *Mr. Nouteiro v.ted in opposi%ioa %o %he mo~ica. A true copy: ATTE~~ Very truly yours, ~G BOARD William Chepulis, Chairman