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HomeMy WebLinkAbout1972-07-17THE COMMONWeAlTh OF MASSACHUSETTS DEPARTMENT Of The ATTORNEY GENERAL STATE HOUSE · BOSTON 02133 July 17, 1972 2k'. d ohn O. Lyons Tcwn C!er7 ~ Nor hh ~ ' ~ ~ ~h.~!~'. ,_~ , Mass. ~he within i~tter is addressed to Aznold Salisbury, Esquire, the Pown tOunsel, since he t~]~ed with me ah length by telephone today, ~nd request~ ~ that ~ ~:i~:~ him. However, since the law provides 'that any requests f'}r ~aJ!itional information should be addressed ~ ........ '~ "~' ~ ....... imultaneously sending a ~opy to you an,i as~ tba[~ 2'ou co~s~d~r it as a formal request ez the further Very truly yours, Car~er Lee Assistant Attorney General Arnold Salisbury, ~s~uire ~en~ral Bu£1d£ng Dear Arnold, X enclose a xerox copy of the vo~ee taken under articles IIA and as submitted tome by the To~n CLerk un,er da~e of June 19, 1972, (received July 7, 1972). Yotlwill note that the vote refers to ns1972 zoning by-law" and does not specifically state what of that proposed by-law were mo~ifie~ or ame'ndedm if any. The Town Clerk has subm/tted t~o copies of s n~meographe~ document entitled "North Annoyer zoning'by-law - 1972', with a map at~ache~ ~hereto, and has certified each to be a "~rue copy". He does not eta~ewhether the text is thQ "~roposed zoning by-law', or the L~w as finally adopted, although the title would indicate =hat tt is th~ by-law finally adopte~. If so, and if, as I un~rstan~ tx) sta~e, it ~oes contain changes from the propose~ by-law, ~ should have some re=etd of the manner in Which ~ ~ meeting adopted these cha~gem. They do not show in ~ vo~e certifie~ by the clerk. The map does show hand written an~ drawn changes, which I assume were made in pursuance of some vote of the town meeting. Again, ~he eub~/tted does not show ~his. I therefore request ~t~at copies in ~uplicate be sent me of the by-law as finally adop~by ~eeting, together with the me~ finally adopted and certified as ~h by the clerk. I am returning the copies of the by-law and map sub- mitted in order that an additional certification can be added that it is t ha by-law finally a~opta~, if'~hat is ~m fact. ! also quest that he enclose one copy of the proposed ~on£ngby-Law refewred to in articles IlA and When this ada£tfonal information £s received, ~e will act as pro~q~tly as lx~e~bleo very ~Uly yours, &ssis~ant &t~orney General JOHN J. LYOXS. Town Clerk Fa.rcmo.w JUSTICE OF THE PEACE June 19, 1972 Honorable Rcbert H. Quinn Attorney General of The Commonwealth State House Boston, Mass. 02133 Dear Sir: At our Speczal Town Meeting held in the Veteran's Auditorium of our North Andover High School on Monday evening June 5, 1972 at 7:30 P.M., the following Zoning By-Law Articles appeared in the Warrant and was voted upon, is herewith submitted for your approval. ARTICLE ll-A. To see if the Town will vote to amend the written text of its 1956 Zoning By-Law (as amended from time to time) by substituting in place thereof all or so many of the provisions of the proposed 1972 Zoning By-L~w (cop~es of which are on file for public inspection, at the offices of the Town Clerk and of the Planning Board) as the Town may adopt or amend and adopt at this Meeting; provided, that if any postions of said proposed 1972 Zoning By-Law shall not be adopted or'not amended and adopted by the meeting, the most nearly corresponding provisions of the 1956 Zoning By-Law, as so amended, shall continue in force in supplement of and not in. conflict with so many of said proposed new Zoning By-Law p~o¥isions as may be so adopted or amended and adopted Petition of the Planning Board. Under the aforesaid article it was VOTED to amend the written text of its 1956 Zoning By-Law (as amended from time to time) by sub- stituting in place thereof all or so many of the provisions of the proposed 1972 Zoning By-Law as the Town may adopt or amend and adopt at th&s meeting; provided, that if any portions of said proposed 1972 Zonxng By-Law shall not be adopted or not amended and adopted by the meeting, the most nearly corresponding previsions of the 1956 Zoning By-Law, as so amended, shall continue in force in supplement of and not in conflict with so many of said proposed new Zoning By-LaW provisions as may be so adopted or amended and adopted, the full text of 1972 adopted By-Laws of which is herewith attached. The vote was Unanimous and so declared. ARTICLE ll-B. In the event of the establishment of new zoning districts in the Town by this Meeting'S action under the preceding Article, to see if the Town will vote to amend the 1956 Zoning Map (as amended from time to time) by substituting in place thereof the May 1972, proposed Zoning Map (copies of which are on file, for public inspection, at the office of the Planning Board), as the same ~ay be adopted or amended and adopted by this Meeting, provided, that all areas of land withi'n the Town which are not specifically designated by the Meeting to be included within one of the zoning districts defined by its action under the pxeceding Article shall be deemed to be within such Residence District, as so defined, in which permitted land uses are most restrictive. Petition of .the Planning Board Jomx-J. ~'oxs, Town Clerk Hon. Robert H. Quinn. TO %',qXT BD'ILDL%'G NOIITH A.NDOVEtl. 1%lASS. 0185~ June 19, 1972 Under the aforesaid Article it was VOTED to amend the 1956 Zoning Map (as amended from time to time) by substituting in place thereof tha May 1972, proposed Zoning Map as the same may be adopted or amended and adopted by this Meeting, provided, that all areas of land within the Town which are not specifically designated by the Meeting to be included within one of the zoning districts defined by its action under the preceding Article shall be deemed to be within such Residence District, as so defined, in which permitted land uses are most restrictive, the copy of 1972. adopted Map of which is herewith attached. The vote was AFFIRMATIVE 379. NESATIVE 13. A two-T~ird majority. A true copy: ATTEST: JOHN J. LYONS. Ail requirements of By-Laws complied with. Six hundred and eighty-five (685) duly registered voters wer present and checked, at Meeting· -~ ~, ~.~ Jul~ ~7, ~972 Arnold Salisbury, Esquire ~en~ral Building Lawrence, Massachusetts Dear Arnold: I enclose a xerox copy of the votes taken under articles 11A a~ as submitted to me by the Town Clerk under date of June 19, 1972, (received July 7, 1972). You wili note that the vote refers to proposed 1972 zoning by-law# and does not specifiually state what ~Dtions of ~%at proposed by-law were modified or amended, if any. The Town Clerk has submitted two copies of a mimeographed document entitled "North Andover zoning by-law - 1972", with a map attached thereto, and has certified each to be a "true copy". He does not state whether the text is the 'p~'opoeed zonin~ by-law", or the law as finally adopted, although ~he title would indicate that it is the by-law finally adopted, If so, and if, as I understand you to state, it does contain changes fr~m the proposed by-law, we have some record of the manner in which the town meeting changes. They do not show in the vo~e certified by the clerk. The map does show hand written and drawn changes, which I assume were made in pursuance of some vote of the town meeting. Again, the vo~e submitted does not show this. ! therefore re~uest that copies in duplicate be sent me of the by-law asfinally adopted by%he ~own mme~l.~g, together with the map finally adopted and certified aS sucB\ by the clerk. Z am returning the co,les of the by-la~ and map mi~ted in order that an additional ~x~ificetion cmn he adae~ that it ~the by-%aw finally adop~d, if ~/~t is ~he f&c~. I also re- ~aeat that he enclose one copy of the~ropos~ zoni~gby-law aD~ map \ referred to in articles 11A and 11B. this ad~ltAonal ~nformation is received, l~a will act as promptl~ Carter Lee Assistant Attorney ~eneral