HomeMy WebLinkAbout1978-05-25 t
TOWN OFNORTHANDOVER
DAz4'm~, Lo~, Town Clerk ~",~ TOI,~'~ BUILDII~TG ,
~0N D~ ~ NOR~ ANDO~R, ~S8, 018~5
Honorabl~ Francis X. Bellotti. , .~'~$~ ~
2~
1978
Attorney General of The Co~o~e~t~r?~~ ~,~
State ~ouse. ~. ~ . % '~ ~
Boston, Mass. ~'~ ~ ~ ~5¢~
Dear 1-~. Bettotti: '~? ~&~
At o~ ~ Town Meeti~ held in the Ve~er~kuditori~ of o~ North A~dover
~ddle School on Sa~ay April 22, 19?8~af 1:30 P.M.s the fo~owi~ Zo~ By-~
~ticles appeared in the W~t ~d was voted upon is herewith sub~tted for yo~
approval.
AHTICLE 68.
( AS FOLLOWS )
ARTICLE 68. To ~ if th* Town will vote to ~mm~d its Zoning By-Law as
follows:
1. Section ! amend by adding after the
Commonwealth of Massachusetts: ' as
amended by Chapter 808, Acts of 1975 and as they may be further
amended,"...
2. By changing the designation of the concluding paragraph of Section 1 from
"9" to "11" and by inserting before it the following new paragraph: "9,
cuntroling the use of bodies of water, including watercourses."
3. Section 2.59 Add: "The Planning Board shall act as the Special Permit
Granting Authority as authorized by Section 1 of Chapter 40A."
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. Section 2.63 Amend by striking therefrom the words, "Board of Appeals"
and inserting thereof, the words, "plaiming Board."
6.Section 4.128 amend by adding:
(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 honsehold 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) On any lot of at least ten (10) 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.
7. Section 4.131 amend by addin£:
(12)(a) Farming of field crops and row crops, truck gardens, orchards, plant
nurseries, and greenhouses.
(b) On any lot at least three (3) acres, the keeping of a total 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 Itt 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 (10) acres, the keeping of any 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.
8. Section 5.1 (7) strike therefrom "offense, and Two Hundred ($200.00)
dollars for" and substitute the word "and."
9. Section 5.2 (5) amend to read "Bo~rd:
10. Section 6.8 (2) Strike therefrom "Bo~d of Appeals" and insert in place
thereof "Planning
DaNnm LONe, Town Clerk
Honorable Francis X. Bellottio
TOWN OF NORTH ANDOVER
ARTICLE 6'8, ( Con't. )
TOWI~ BUILDING
NORTH AiqDOVER, MASS. 01845
MmV 22, 1978
11. Section 6.8 (3) Strike out thc concluding thirty seven words of thc section
and insert in place thereof the words "... five years from the date of
endorsement of the definitive plan by the Planning Board."
12. Section 8.1 Strike out the concluding six words of the section and insert in
place thereof thc words "a Special Permit. Pre-existing non-conforming
structures or uses, however, may be extended or altered, provided, that no
such extension or alteration shall be permitted unless there is a finding by
Planning Board, that such change, extension or alteration shall not be
substantially more detrimental than the existing non-conforming use to the
neighborhood."
13. Section 8.2 (1) Strike out the words "approved by the Board of Appeals" and
insert in place thereof the word~ "allowed only by the issuance of a Special
Permit."
14. Section 8.3 Strike the words "otherwise... Ch. 40A" and insert in place
thereof the words "by Special Permit."
15. Section 9.1 Amend by adding after the second sentence thereof the following
sentence: "If the Building Inspector is so informed in writing and declines to
act, he shall within fourteen (14) days of his receipt of such information give
to his informant, in writing, his reasons for refraining from taking any
action."
16. Section 9.11 Strike therefrom the words "action of thc North Andover Board
of Appeals" and insert in place thereof the words "a duly granted variance or
Special Permit."
17. 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
9.21 Appointment and Organization.
There shall be a Board of Appeals of five Members and not more than three
Associates Members, which shall have and exercise all the powers provided under
G.L. Chapter 40A, and which shall hear and decide all matters specifically referred to
the Board of Appeals by the North Aalover Zoning By-law and other matters
referred to such Board by statute. The Bo~d 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 yeas, the Zoning Board of
Appeals shall organize and elect a Chairman and clerk from within its own
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
f'ffled in the same manner as Zoning Board of Appeals members are appointed.
9.22 Basis for Appeals
An appeal to the Board of Appeals may be taken by any person aggrieved by
reason of his inability to obtain a permit from the Building Inspector, or by any
officer or boasd of the Town of North Andover, or by any person aggrieved by any
order or decision of the Building Inspector or other administrative official in
violation of any provision of the By-laws.
Such appeal shall be taken within thirty days, as provided by Section 16 of
Chapter 40A of the General Laws.
9.23 Powers of the Board of Appeals
The Board of Appeals shall have the following powers:
(1) To bear and decide actions and appeals as provided herein.
(2) To beat and decide apphcations for variances which the Board of Appeals
is required to a~t upon under ~ Bydaw.
~ DAN~L LONe, Town Clerk
ELEt-~ON DEPARTMENT
Honorable ~rancis X. Bellotti.
AETICLE 68. ( Con't. )
TOWN OF NORTH ANDOVER
TO'~N BUILDING
NORTH AN~OOV~R, MASS. 01845
~ ~5, ~78
9.3 SPECIAL PERMIT
The Planning Board sh~ll ~dopt rules end regulations for the conduct of its
business relative to the issuance of special permits. A copy of these rules and
regulations shall be filed with the Town Clerk. The rules and regulations shall
contain, as a minimum, a description of the size, form, contents, style and number of
copies and nmnber of plans and specifications to be submitted and the procedures for
submission and approval of special permits.
The Planning Board 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 65 day period shall be
deemed to have begun with the filing of the application with the Planning Board. The
applicant is responsible for transmitting a copy of the application for a special permit
within twenty four (245 hours of the filing of the application with the Planning
Board to the Town Clerk.
9.31 CONDITION FOR APPROVAL OF SPECIAL PERMIT
(1) The Planning Board shall not approve any such application for a Special
Permit unless it finds that in its judgement all the following conditions are
met:
(a) The specific site is an appropriate location for such a use, structure or
condition.
(b) The use as developed will not adversely affect the neighborhood.
(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 Planning Board 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 Planning Board may attach such conditions
and safeguards as are deemed necessary to protect the neighborhood, such as
but not limited to the following:
(a) Requirements of front, side or rear yards greater than 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 waBs, fences,
planting, or other devices as specified by the Planning Board.
(c) Modification 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 of 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 which the special
permit was granted unless substantial 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 Planning Board, at its
discretion m~y extend the special permit for an additional one year period.
Included with'in the two-year time period stated above, is the time required to
put.sue or wait the determination of an appeal from the provision of this
by-law.
(4) The Planning Board may, within the guidelines for special permits contained
herein, allow accessory uses whether located on the sanle tot as the principal
use or not, wherever necessary in connection with scientific research,
scientific development or related production provided that the Planning
Board finds that the proposed accessory use does not substantially derogate
from the public good.
(5) Within ninety (90) days following the date of the public hearing, the Planning
Board 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 board voting 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 elap~d without filing of an appeal or that any appeal
filed bas been dismissod or den/ed, lb) The certified decision has been
re~orded at the oWner~ expense in th~ Essex County Registry of Deeds,
TOWN OF NORTH ANDOVER
D~m~ LONe, Town Clerk
ELECTION DEPARTMEN~
Honorable Francis X. Bellotti.
ARTICLE 68. ( Con't. )
TOWN BUILDING
NOR'tH ANDOYEIt, MASS. 0184~i
May 25, 1978
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 expense, shall also be filed with the
recorder of the land court.
(7) The Planning Board 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, 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 (14) days in the office of the Town Clerk and
shall be a public record. Notice of the decision shall be /nailed forthwith to
the petitioner or 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 to be sent. Each notice shall
specify that appeals, if any, shall be made pursuant as to Section 17 of
Chapter 40A and shall be ~ed 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 ahd identification of the land and/or
structures 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 ate
required.
9.32 TEMPORARY PERMIT
The Planning Board may grant a temporary use or occupancy permit for a period
of not more than one year at a time, subject to a single l~newal. Such permits shall be
~ubject to conditions imposed by the Board related to ~afegua~ding the character of
the district affected and shall he granted in accordance with the procedures provided
herein for the granting of Special Permits.
~ DA~mL Lo~o, Town Clezk
ELECTION DEPA~TMgNT
Honorable Francis X. Bellotti.
TOWN OF NORTH ANDOVER
e
ARTICLE 68. ( Con't. )
·OWN BU1T.I~ING
NORT%~ AN~OVER. MASS. 01845
~zy 25, 1978
9.4 VARIAHCES AND APPEALS
The Zoning Board of Appeah shall have the power upon appeal to grant variance~
from the terms of th/s zon/ng by-Law Where the Board f'rods that, owing to
circumstances relating to soil cond/tions, slope, or topography of the land or
structures and especially affecting such land or structures but not affecting generally
the zoning district in general, a literal enforcement of the provisions of this by-law
will involve substantial hardship, 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 substantially 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
enforcement action 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 of town, aggrieved by any order or decision of the
Building Inspector or other administrative 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 notice 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 constituting the records of the
case in which the appeal is taken.
(I) 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 ~ed with the Town Clerk. In order to grant a petition for a variance or an
appeal, four of the five members 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 or appeal shall be deemed granted.
(a) In the case of a variance, the Zoning Board of Appeals may impose
conditions, safeguards and limitations of time and use, however, these
conditions cannot require continued ownership of thc land or
structure to which the variance pertains by the applicant, petitioner
or owner. Furthermore, if the rights authorized by the variance are
not exercised within one year of the date of the granh they shall lapse
and may be reestablished 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, indicating such fact, and setting forth clearly, the
reason, or reasons, for its decision and of its official actions, copies of all
which shall be Fried within fourteen (14) days in the office of the Town Clerk
and shall be a public record. Notice of the decision stab be mailed
forthwith to the petitioner, applicant or appellant, to the parties in interest
designated heroin, and to every person present at the hearing who requested
that notice be sent to him and stated the 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 40A 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.
TOWN OF NORTH ANDOVER
DANmL LOIVO, Town Clerk
mT~I~T~ON DEPARTMENT
TO~N BUILDING
Noffr~ ANI)OYER, M~SS. 01845
Honorable Francis X. Bellotti.
ARTICLE 68. (Contt.)
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 Selctemen by any
of the following: A) Board of Selectmen; B) Zoning Board of Appeals; C) by an
individual owning land to be affected by the amendment, D) by reqoest 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 Su brnission ora mendmen t to Planning Board
Within fourteen (14) days of the receipt of an application for an amendment to
this by-Jaw, 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 By4aw or the zoning map and shall
report its recommendations thereon, if any, to the Town Meeting.
Each warrant article to change the zoning map shall exphcitly state the natu~,
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 feet of the land area proposed to be changed as to zone.
(2) Also a sketch or other explicit identification of the location of such land in
relation to the majority of the rest of the town.
25, 1978
9.52 PUBLIC HEARINGS
Within sixty-five (65) days after receipt of a proposed amendment from the
Board of Selectmen; or within sixty-five (65) days after the receipt of a petition or
.application for an appeal or a variance; or within sixty five (65) days after the ~eceipt
of an application for a special permit; the PlannLng Board or the Zoning Board of
Appeals, as the case may be, shall hold a public hearing, notice of which shall be
published in a newspaper of general circulation covering the Town once in each of
two successive weeks. The first publication may not be less than fourteen (14) days
before the day of the hearing, (the date of the public hearing shall not be counted in
the fourteen (14} days).
Additionally, notification of the public hearing ~hall be posted in a conspicuous
place in the North Andover Town Hall for a period of not less than fourteen (14)
days before the date of the hearing. Further, notification of the public hearing shall
be sent to the Massachu~tts 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: 1) the time and place of
hearing, 2) the subject matter, 3) place where texts and maps may be inspected.
9.53 REPORT BY 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 (21) days after said heating has elapsed
without submission of said reports or submissions. After such notice, hearing and
report, or after twenty one (21) 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 subsequent public hearing is held with notice and report aa
heretofore provided.
9.55 PROTEST
If a written protest is submitted to the Town Clerk, signed by owners of twenty
(20) percent or more of the area of the land proposed to be inelqded in such change,
or of the area of the land immediately adjacent extends three hundred feet (300 Ft.}
therefrom and which plainly includes the reasons for such protest, no su~tt
amendment of the by-law shall be adopted except by a three-quarters (3/4) vote of
the Town Meeting (annual or special).
9.56 REPETITIVE PETITION
If any proposed by-law amendment thereto is acted upon unfavorably 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 Boa~d
recommended in favor of the petition in the report.
TOWN OF NORTH ANDOVER
DANIEL LONe, Town Clerk
~I~ION DNPARTM~N~
Honorable Frsmcis X. Bellotti.
TOWI~T BUILDII~G
NOlITI~ ANDOVBR, MA88~. 01845
Mav 25, 1978
ARTICLE 68. (Con't.)
9.57 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 pi-ocedure 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 any such claim of invalidity unless such claim is made within
one hundred twenty (120) days after the adoption of the by-law or amendment.
Notice specifying the court, parties, invalidity claim, and date of filing is filed
fogcther with a copy of the petition, with the Town Clerk within seven (7) days after
commencement of the action.
9.5 8 EFFECT OF SUBSEQUENT AMENDMENTS
In the case of amendments to this by-law or changes in the districts or the
boundaries subsequent tn 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 statute, specifically: that
construction or operations under a building permit or special permit shall conform to
any subsequent amendment 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 he date on which the building permit was issued or in
the case of a special permit, the date on which the Planning Board voted final action)
and in cases involving construction, unless such construction is continued through
completion as continuously and expeditiously as is reasonable.
9.6 CONFLICT OF LAWS
In general, this By-law is supplementary to other North Audover By-laves
affecting the use, height, area and location of buildings and structures and the usc of
premises. Where this By-law imposes a greater restriction upon the use, height, ar~a
and location 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 1) 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 unless the following
conditions are met:
In the case of 1) above, four of the five members of the Planning Board find that
these are 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 is 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 within a two year period of time
unless four of five of the members of the Zoning Board of Appeals find that there
are specific and material changes in the conditions upon which the previous
unvaborable 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 to 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 voting to grant consent.
9.9 WITHDRAWAL WITHOUT PREJUDICE
Any petition for a variance which has been transmitted to the Zoning Board of
Appeals or any application for a special permit which has been transmitted to the
Planning Board may be withdrawn, without prejudice by the petitioner prior to the
publication of notice of a public hearing thereon, but thereafter be withdrawn
without prejudic~ only with approval (majority vote) of the Zoning Board of Ap*peals
or Planning Board respectively.
Petition of the Planning Board
TOWN Ol:: NORTH
Town C/erk
Honorable Francis X. Bellotti.
TOWN' BUILDI~N'~-
NOR~ A~DOYER, MASS. 01845
8. May 25, 1978
ARTICLE 68. (Con't.)
Under the aforesaid ARTICLE 68 it was VOTED AFFIRMATIVE 158. ~GATIV~ 2~3. with the
followi~ amendments made, Item 3, 4, 5, 9, lO~ 16, Section 9.55. Item 12,13,14~
Section 9.22 and 9.23. Copy of amendments are attached.
All requirements of ~he law have b~en complied with.
A TRUE COPY:
ATTEST:
TOWN CLERK
~mendments to Article 68
e
Amend proposed item 5, by deleting it in its entirety -~d
inserting to the definition of Planning Board, Section 2.59
the words: "The Planning Board shall act as the Special
Permit Granting Authority dealing with Cluster Development,
Planned Development District and the Watershed District as
authorized by Section I of Chapter ~OA."
Amend proposed item · by adding after this item a new:
"Section 2.65 Special Permit Grantin~ Authorit~ .
'The Planning Board shall be the granting authority of
all special permits to Cluster Development, Planned Devel-
opment District and the Watershed District. The Board of
Selectmen shall be the granting authority of all special per-
mits pertaining to non-accessory signs as specified in Sec-
tion 6.52 of this by-law. The Board of Appeals shall be the
grs=ting authority of all other special permits allowed in
this zoning by-law. Renumber the sections following this
section accordingly."
Amend proposed item 5 by replacing the words "Planning Beard"
with the words "the Appropriate Special Permit Granting Auth-
ority.''
Amend by striking proposed items 9, 10, 16 and Section 9.55
and renumber the following sections accordingly.
Amen~ proposed item 12 by deleting in its entirety a~d insert-
ing in its~'~end Section 8.1 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-con-
forming structures or uses, however, maybe extended or altered,
provided that no such extension or alteration shall be permitted
unless there is a finding by the Board of Appeals, that such
change, extension or alteration shall not be substantially mere
detrimental than the existing non-conforming use to the neigh-
borhood.''
Amend proposed item ~ by deleting in its entirety ~d insert-
ing thereof~ amend Section 8.2 (~) by deleting in its entir-
ety and inserting thereof the words, "Such change shall be a~t~
special permit or otherwise by the Board of Appeals."
Amend item 1~ by d-eleting in its entirety and inserting therof:
amend Section 8.~ 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. Ch. $OA."
Amend by deleting in total Section 9.22 and renumber the following
sections accordingly.
Amend proposed Section 9.25 (2) by deleting in its entirety and
inserting thereof the words: "To hear and decide applications
for appropriate special permits and variances which the Board of
Appeals is required to act upon under this By-law."
Amend proposed Sections 9.3 by deleting the words Planning
Board and inserting thereof the words "Special Permit Grant-
ing Authorities" in all but the last use of the words "Plas-
hing Board." In the last sentence the words "or the Board of
Selectmen" shall be inserted after the words "Planning Board."
Insert a new sentence to the conclusion of this section: "If
an application for a special permit is to be filed with the
Board of Appeals, the applicant shall file the application with
the Town Clerk, who shall transmit the application to the Board
of Appeals within twenty-four (24) hours.
Amend proposed Sections 9.31 (1),~.~? (I)(3); 9.31 (2); 9.31
(2)(b); 9.31 (3); 9.3~ (4); 9.3~ ~5); ,nd 9.31 (7)by dele-
ting the words "Planning Board" and inserted in place thereof
the words "Special Permit Granting Authority."
Amend proposed Section 9.31 (5) by deleting the word "board"
and inserting thereof the words "granting authority."
Amend proposed Section 9.31 (7) by deleting the last sentence
~n total and inserting thereof the following: "Certified cop-
ies of the decision shall be filed with the appropriate Spec-
ial Permit Granting Authority ~_d the Town Clerk."
Amend proposed Section 9.32 by deleting in its entirety and
inserting thereof the words: The Board of Appeals may grR~t
a temporary special permit for use or occupancy permit for
a period of not more than one year at a time, subject to a
single renewal. 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 accordance
with the procedures provided herein for the granting of Special
Permits.
~ ~ D~r~L Lo~c, Town C~er~
~ · ~TI~ON DEPARTMENT
Honorable Francis X Bellotti.
Attorney General of The Commonwealth
State House.
Bostons Mass.
TOWN OF NORTH ANDOVER
ARTICLE 70. ( As follows)
TO~ BUILDING
NORTH ANDOVER, MASS. 01845
M~y 25, tR78
ARTICLE 70. To see ff the Town will vote to amend its Zoning By4aw as
follows:
1. Section 2.43 amend by striking in its entirety and inserting thereof the
following: LOT -
An area of land available for use as the site of one or more buildings in
one ownership with definite boundaries or as otherwise defined by metes
and bounds and as provided for in the Zoning By-law.
2. Strike therefrom Section 2.66 and renumber the following sections
accordingly.
3. Amend Sections 2.67, 2.68 and 2.69, as so renumbercd, by adding
"(setback)" after the phrases defined thereby.
4. Section 4.121 (5) amend as follows: "Real estate signs as regulated by Article
IX of the General By-laws of the Town."
5. Section 4.122 (5) and Section 4.123 (5) to read the ~ame as Section 4.121
(5).
6. Strike therefrom Section 4.123 (14) and renumber the following secfiom~
accordingly.
7. Sectinn 4.125 (15) strike therefrom the words "and townhouses".
8. Section 4.130 (6) change to read as foBows: "Public building or use,
service corporation and energy or resource recovery facility."
9. Amend Table I (following Sec. 4) by striking therefrom the reference to
Townhouses and the listed regniations relating thereto.
10. Section 6.1 (2) amend by striking therefrom the phrase "otherwise by the
Boa~d of Appeals" and inserting in place thereof the phrase "otherwise by the
provisions of a variance granted by the Board of Appeals."
11. Section 6.1 amend by adding:
(3) At least fifty (50) percent of continuous land of every lot laid out for
use shall be buildable land with soils dry enough to permit installation
and use of facilities for disposal of sanitary wastes and all structures
and buildings. In computing the bufldable area of any lot, no part of a
private or public way and no pond or river shall be ingluded. Wetlands
and lands with over twenty (20) percent in slope shall be considered
unbnildable. To facilitate determination of sufficient buildable land,
the Planning Board may require an indication on plans of the general
location on the lot of the proposed structures and buildings.
(4) In order to comply with the minimum squ~e foot requirement, a lot
must be a plot of land being a definite area and a closed perimeter.
Larger lots are acceptable provided the site intended for a building is
contained within a portion of the lot which meets the zoning
requirements of the area and perimeter. All lots or portions of lots as
defined in this paragraph must have a shape number of less than
twenty-two (22). Shape number is defined as the number resulting
from the division of the square of the perimeter by the area of the lot.
(5) The width of a lot shall be considered to be the distance between the
straight lines connecting front and rear lot lines, at each side of the
lot, and measured across the lot at the required set back line. The
width shall equal the street frontage minimum of the zone.
12. Section 6.2 Add at the end of the first sentence thereof, the phrase "subject
to the provision of Section 6,1 (5)".
13. Section 6.4 strike from the last sentence the words "permission of" and insert
in place thereof the words "a variance granted by."
14. Table 2 (following section 6): A) strike the first sentence of Footnote 5: B)
strike Footnote 6 and renumber the remaining Footnotes accordingly; C)
strike from the first sentence of the former Footnote 7 the words "or
townhouse complexes"; D) strike from the former Footnote 7 paragraph (b)
thereof and renumber the remaining Footnotes accordingly; E) strike from
the final item appearing in the column in said Table having to do with the
Residence 5 District the reference to Townhouses.
15. Section 7.1 amend by deleting the Restaurant minimum spaces requh'ed of
"One space for each three seats" and inserting thereof "One space for each
two seats."
Petition of the Planning Board