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HomeMy WebLinkAbout1955 ZONING BY-LAW.~OHN J. LYONS TOWN CLERK ~NDOVER, mASS. 1955 FINAl, DRAFT OF SUCKiE.%TED NORTH ANDOVER ZC~INO BYLAW JOHN T. BI. AGKWEL, I. ' 5 BOYLSTON P L, ACE " BOSTON 1.6, MAGS*. t'~ORTH AIqDOVER ZON ING BYLAW Section l: Section 2: Section $: Section 4: Section 5: Section 6: Section 7: Purposes Page 1 Definitions 1, 2 g.1 Family g.g One-Family Dwelling 1 £.$ ~Rvo-Fam il y Dwe 11 in9 1 2.4 Lot 1 2.5 Street 1 2.6 Building 2 2.7 Erected 2.8 Story 2 2.9 Half Story g.lO Front Yard 2.11 Rear' Yard 2 2.12 Side Yard Zoning Districts and Boundaries 3, 4 Buildin9s and Uses Permitted 4,5,6,7,8,9,10 4.1 In Residence Districts 4, 5, 6, 7 4.2 In Neighborhood Business Districts 7 4.3 In General Business Districts 8 4.4 In Manufacturing Districts 8, 9 4.5 Outdoor Lighting 10 Earth Materials Removal 10, 11, 12 Yard Spaces in Residential Districts 12, 15 Yard Spaces in Business and Industrial Districts Section 8: Building Heights Permitted Section 9: Lot A~eas and Lot Widths Required Section 10: Non-Conforming Uses Section 11: Board of Appeals, Powers and Duties Section 12: Zoning Amendments Section 15: Conflict of Laws Section 14: Enforcement Section 15: Validity 13, 14 14, 15 15, 1 6,'17,18,19 19, 20 20 20, 21. 21 22, 23 23 JOHN T, BLACKWELL ' 5 BOYLSTON PLACE BOSTON 16, MASS. Feb. 1956 NORTH ANDOVER ZOR ING BYLAW SECTION 1: PURPOSES For the purposes set forth in Massachusetts General Laws Chapter 40A and all acts in amendment thereof and in addition thereto and under the authority thereof and of General Laws Chapter 143 and any other enabling laws, the inspectionj materials, construction, alteration and repair, height, area, location and use of butldtn§s an.~ structures and the use of land throu§hout the Town of North Andover are hereby regulated as herein provided, and the Town is hereby divided into districts as hereinafter designated, de£1ned and described, as shown on the official zontn9 map, dated December, 1955, as amended, on file with the Town Clerk, which map is hereby made a part of this bylaw. SECTION 2: DEFINITIONS For the purposes of this Bylaw, the following words and terms as used herein shall have the meanings or limita- tions of meaning hereby defined, explained or assigned: 2.1 ~. Any number of individuals living and cooking together in a single housekeeping unit. One-Family Dw.el,li.n,q. A dwelling built singly and apart fro~ any other building and intended and designed to be occupied and used exclusively for residential purposes by one family. Two-Famil;/ Dewllin~. A free standing building 'intended and designed to be occupied and used exclusively for residential purposes by each of not more than two families. Lot. An area of land in one ownership with ~'~}~inite boundaries ascertainable by recorded deed or plan and used or set aside and available for use as the site of one or more buildings or for any other definite purpose. Street. A public way, or a private way leaally open or dedicated to public use or approved by the Planning Board. JOHN T. BLACKWELL ' 5 BOYLS'roN PLACE ' BO~=TON t6. MASS. Nort.h Andover Zonin9 Bylaw - £ - 10/4/55 2.6 2.9 2.11 ,Buildtn9. The word "building" shall include the wor~ "structure," unless the context unequivocally indicates otherwise. Erected. The word "erected" shall include the {v0rds "built," "Constructed " "altered," "enlarged," and ~m "reconstructed," oved." Story.. That portion of a bulld ln9 contained b"~5'W~en any floor and the floor or roof next above it, but not includin9 the lowest portion so con- tained if more than one-ha/f of such portion vertically is below the mean finished grade of the ground adjoining such building, Half Story. A story directly under a slopin9 roof '/h which the points of intersection of the bottom of the rafters and the interior faces of the walls are less than three feet above the floor level. Front Yard. An open space extendin9 across the ~nt'ire width of a lot between ansr building thereon and the street lot line of the lot on which such building stands. Rear Yard. An open space extending across the ~ntt~e width of a lot between the rear of any building thereon and the rear lot line of the lot on which such buildin§ stands. _S~tde Yard. An open space between the side line of a lot and the adjacent side of any building there- on, such open space being understood to cover the entire extent between the front yard and the rear yard on such a lot. JOHN T. BLACKWELL. ' 5 BOYLSTON PL.ACE ' BOSTON 16, MASS. North Andover Zoning Bylaw - 3 - 10-4-55 Feb. 1956 3.1 3.2 SECTION ~: ZON/NG DISTRICTS AND BOUNDARIES The Town of North Andover is hereby divided into zoning districts designated as follows: VR - - VILLAGE RESIDENCE DISTRICTS CR - - COUNTRY RESIDENCE DISTRICTS RR - - RURAL RESIDEI4CE DISTRICTS NB - - NEIGltBOR?IOOD BUSINESS DISTRICTS rGB - GENERAL BUSI}~ES$ DISTRICTS M - - IN DUS TRIAL D IS TR IC TS In the event of any discrepancy between the boundaries of the zoning districts as shown on the official map and as hereafter described or defined, the descriptions hereinafter set forth shall govern. RR - Rural Residence Districts. Every part of the To~n of North Andover not ~rwise hereinafter designated Village Residence, Country Residence, Neighborhood Business, General Business or Industrial District is hereby expressly declared to be in RR - Rural Residence District. _CR_- Countr~)~ Reside.nee D.istric~t.s,,. 3.41 All that part of west central North Andover township surrounding and extending In all directions beyond Old North Andover Center. and bounded: Northeasterly and easterly by the thread of Stevens Mill Pond; Easterly and northeasterly by the location line of the former railroad right of way (in 1955, used as an electric power line right of way) fro~: its crossin~ over the water channel into Stevens Pond to a point on said location line-"250 fe~et northwesterly from the center line of b~arbleridgc Road; JOHN T. B/ACKWELL · 5 BOYLSTON PLACE ° BOSTON 16. MA~B. North Andover Zoning Bylaw - 3-A- Feb. 1956 3.41 (C°nt inued) Generally easterly by a line parallel to and 250 feet westerly from the center line of Marblertdge Road between said former railroad location line and a point on the center line of Johnson Street, 250 feet northwesterly from the center line of Marbl er idge Road; Southerly by a straight line connecting the point aforesaid on the center line of Johnson Street and point on the center line of Turnpike Street 250 feet northwesterly from the center line of Hillside Road; Southeasterly by a line parallel to and 250 feet northwesterly from the center line of Hillside Road, between Turnpike Street and the Andover town line; Southwesterly by the AndoYer-North Andover town line between Hillside Road and Waverly Road at the North Andover boundary; Northwesterly and westerly by the various courses of the North And'(~ver town line, from the Andover-Lawrence-North Andover common boundary point on or close to Waverly Road, to a point on the North Andover town line 150 feet southerly from the center line of Greene Street; NortHerly and northeaster~by a line parallel to and 150 feet southerly from the center line of CTeene Street, between the Lawrence. North Andover boundary and Massachusetts · Avenue. Northeasterly by a line parallel to and 250 feet southwesterly from the center line of Massachusetts Avenue between the intersection of Massachusetts Avenue ~nd%.Crreene Street and the intersection of Massachusetts Avenue and Osgood Street at the Common~ North Andover Center; JOHN T. 19LACKWBLL ' 5 BOYLSTON PLACE ') BOSTON 16, MASS, North And over Zoning Bylaw - 3-B- Feb. 1956 3.41 (Contdnued) General westerly by the center line' Of Osgood Street from The Common, North Andover Center to Academy Road, by'Ihe center line of Academy Road-between Osgood Street and Court Street' and by the center line of Court Street-between Academy Road and the junction of Pleasant Street, Court Street, Osgood Street, and Park Street; Northerly by the center line of Pleasant Street between the aforesaid Junction and Stevens Street; Northwesterly by the center line of that short portion of Stevens Street between its intersection with Pleasant Street and its crossing over the thread of Stevens Mill Pond. 3.5 VR - Village Res,f,d,ence.'Dist,rlcts 3.51 All that northwesterly portion of North Andover township bounded: Northerly by Sutton Street; Generally northeasterly b~ a line parallel to and 125 feet westerly from the center line of Main Street between Sutton Street and Second Street, by a portion of the center line of Second S'treet,"'by the center line of Water Street, between'Second Street and Merrimack Street, by a portion of the center line of.Merrimack Street by 'a line parallel to and 125 feet southwesterly from the center line of Water Street between Merrimack Street and. Elm Street, by a portion of the ceater line of Elm Street, By the center line of Water Street between Elm Street and Clarendon Street, by a portion of the center line of Clarendon Street, by the center line of East Water Street between Clarendon Street and Chickering Road, by a portion bf the center line of Chtckering Road, by the center line and the center line ex- tended of Wayne Street, so-called, between Chtckering Road and Osgood Street; JOHN T. BL. ACKWELL. * 5 BOYL.$TON P L.ACE ' BOSTON 1S.- MASS. North Andover Zonin§ Bylaw - $-C - Feb. 1956 3.51 (Continued) Southeasterly by a portion of the center I ine of Osgood Street between Wayne Street and a point on the Os§ood Stre.et center line 350 feet northeasterly along satd center line from its intersection with Phillips Court center line; Northeasterly by a line parallel to and 135 feet northeasterly from that ~ line of Phillips Court timt trends approximately 'S 35©, 961 E . ., and such line extended to Osgood Street; Southeasterly ~y a line parallel to and 120 feet southeasterly from that t~ line of Phillips Court that trends approx- imately ,S 44© 33' W;. Southerly by the centaur line of Pleasant Street between a point on said center line 120 feet southeasterly from its tn.tersection with the center line of Phillips Court to the intersection of ~enter lines of Pleasant Street and Court Street; Southeasterly by the center line of Court Street between Pleasant Street and Academy Road; Southerly by that portion of the center line of Academy Road between Court Street and Osgood Street; Easterly by the center line of Osgood Street ,from Academy Road to and beyond Massachusetts Avenue southerly to a point; Southwesterly by a line parallel to and ZSO feet southwesterly from the center line of Massachusetts Avenue between Osgood Street and Oreene Street; JOHN T. BLACKWELL ' $ SOYLSTON PLACE ' BOSTON 16. MASS. North Andover Zoning Bylaw - 3-D - Feb. 1956 3~51 (Continued) Southerly by a line parallel to and 150 feet southerly from Greene Street; and, Westerly mid northwesterly by the North Andover town line from Greene Street to Sutton Street at the foot of Marblehead Street; 3.52 3.53 except so much of the area within said bounds as may be declared by words in this by-law, and by corresponding designation on an official copy of the town zoning map, to be' in any other kihd of zonin9 district. A small area both sides of Saunders Street near the the westerly shore of Sutton Pond, being bounded: Northeasterly by Sutton Pond; Southerly by a Llne at a right angle to the center line of Saunders Street across the southerly end ~f' said street center line; Southwesterly by a line parallel .to and distant 100 feet southwesterly from Saunders Street center line; Northerly by a line at a right angle to the center line of the northerly portion of Saunders Street and dtstant 100 feet northerly from the northerly end of said center line. That north central portion of ~}orth Andover township bounded: Northwesterly by the center line of Sutton Street between a point on said center line 125 feet southwesterly from its intersection with the center line of Thorndike Street and the intersection of said center line with the center line of Osgood Street; Easterly by the center line of Osgood Street from Sutton Street to Chickerlng Road ~nd by the center line of Chickering Road between Osgood Street and Prescott Street; JOHN T. BLACKWELL ' 5 BOYLSTON PLACE * BOSTON 16, MASS. North Andover Zoning Bylaw - 3-E- Feb. 1956 8.58 (Continued) Southerly by the center line of Prescott Street from Chickertn9 Road to a. point on said center line 200 feet northeasterly from the forme~ Salem Railroad ri§hr of way location lin¢I Southweste~'ly by a line parallel to and £00 feet northeasterly from the former Salem Ratll'oad ~tght of way location line between a point nea~ the Junction of Prescott, High and Elm Streets and a point near the south- easterly end of Thorndtke Street, and westerly,, by a line parallel to and 125 feet south- westerly from the center line of Tho~ndtke Street. NB -Nel9hborh,ood Business Districts_. Land with,.~ tke districts described in the succeeding sub- paragraphs is hereby declared to be NB - Netghbophood Business Districts. JOHN T. BLACKWELL * 5 BOYLSTON PLACE ' BO~iTON 16, MASS. North Andover Zoning Bylaw - 3-F - Feb, 1956 3.7 GB r_Gene£al_. Bu_sinDs~_ Districts Portions of both sides of Water Street and of Main Street, between Sutton Street and Elm Street, more particularly bounded and described as follows: Northerly by the center line of Sutton Street; Northeasterly by a line parallel to and 125 feet easterly and nor~,easterly from the center line of Main Street between Sutton Street and Second Street, and by a line parallel to and 125 feet northeasterly from the center line of Water Street between Second Street and Merrimack Street, and by a short northeasterly extension of the center line of M&rrimack Street; Northeasterly by the center line of Water Street between TM .,errimack Street and Elm Street; Southeasterly by the center line of Elm 'Street; Southwesterly by a line parallel to and 125 feet southwesterly from the center line of Water Street between Elm Street and Merrimack Street; Northwesterly by a short portion of the center line of merrimack Street; Southwesterly by the center line of Water Street between ~!errimack Street and Second Street; S'outheasterly by a short portion of the center line of Second Street; Southwesterly by a line parallel to and 125 feet westerly from the center line of Main Street between Second Street and Sutton Street. JOHN T. BLACKWE~LL · 5 BOYLSTON PLACE ' BOSTON 16. MASS. NOrth Andover Zonin9 Bylaw - 5-G- Feb. 1956 ~-_ in~ust'r:al Districts $.81 All that northernmost portion of North Andover township north of the northerly Lake Cochtchewick watershed divtd line, more particularly bounded as follows: Northeasterly by the Haverhill-North Andover boundary between the Merrimack River and a point southerly of Osgood Street; Easterly and southeasterly by a,line parallel to and distant 500 feet easterly from the center line of Osgood Street between the Haverhill-North ~dover boundary and Barker Street; Southeasterly by a short portion of the center line of Barker Street and by the center line of Osgood Street between Barker Street and Sutton Street; Southeasterly and southerly by the center line of that portion of Sutton Street extending between Os§ood Street and Marblehead Street; Westerly, northwesterly and northerly by the North Andover town line tn the Merrimack River between the foot of Marblehead Street and the Haverhill-North Andover boundary. A finger of land embracing the Sutton, Osgood, -Davis &' Furber and Stevens Mills, being bounded~ Northerly By the center line of Sutton Street; Northeasterly by a line parallel to and 125 feet southwesterly from the center line of Thorndike Stre¢~;thence by a connecting line parallel to and 200 feet northeasterly from that portion of the former Salem Railroad right of way location line between the south easterly end of Thorndike Street and Chtckering Road; Southeasterly by a short portion of the center line of Chickerlng Road; JOHN T, BLACKW£LL · 5 BOYLSTON P LAC~B ' BOSTON 16, MASS. North Andover Zonin9 Bylaw - 3-H- Feb. 1956 S.Sa (Continued) 'Northeasterly by the former Salem Railroad location line between Chickertng Road and Stevens Street; Easterly by the center line of Stevens Street between the railroad location and Pleasant Street; Southwesterly by the center line of Pleasant Street to a point thereon~ 120 feet south- easterly from the intersection of the aforesaid center line with the center line of Phillips Court; Ner£hwesterly by a line parallel to and 1£0 feet southeasterly from that line of Phillips Court that trends approximately S 44© 33'W; Southwesterly by a line parallel to and 135 feet northeasterly from that line of Phillips Court that trends approximately S 35° 26'E and such line extended north- westerly to Osgood Street; Northeasterly by a portion of the center line of Osgood Street begtnnln9 at a point thereon 350 feet northeasterly of its inter- section with Phillips Court center' line and extending thence easterly to the center line of Wayne Street, so-called; Southwesterly by the center line of W~yne Street, so-called~between Osgood Street and Chtckering Road; Southeasterly by a short portion of the center line of Chlckerin9 Road; Southwesterly by the center line of East water Street between Chickerin9 Road and Clarendon Street, by a short portion of the center line of Clarendon Street, and by the center line (extended) of Water Street'from Clarendon Street to Merrimack Street, and by a northeasterly extension of the center line of Merrimack Street; JOHN T.'BLACKWEI'L ' 5 SOYLSTON PLACE ' BOSTON 16. MASS. North Andover Zontn9 Bylaw - 4 - Feb. 1956 (Continued) Southwesterly by a line parallel to and 125 feet northeasterly from the center line of Water Street between Menr .tfnack Street and Second Street, and b3~ a connecting line parallel to and 125 feet northeasterly or easterly from the center line of r~{ain Street between Second Street and Sutton Street. SECTION 4: BUILDING ;~4D USES PER,JIlTED In the following districts the designated buildings and alterations and extensions thereof and buildings accessory thereto and the designated uses of land, buildings, or parts thereof and uses accessory thereto are permitted. All other buildtn§s and uses are hereby expressly prohibited, except those already lawfully existing which by the operation of this provision would hereby become lawfully non-conforming. 4.1 In Reside.n_c.e Dist~ricts 4.11 Single, duplex or two family residences and gardens, including the right to convert any one- family dwelling structure to accomodate not more bhan two families provided that; (a) The lot area per structure so converted shall be not less than fifteen thousand (15,000) square feet, and the street frontage width of such lot shall be not less than one hundred (100) feet; JOHN T. BLAeKW£LL · $ BOYLSTON PLACI; ' BOSTON 15, MA~;$. North Andover Zontn9 Bylaw - 5 - 10/4/55 4.13 4.14 (b) The existing structure be of such size as to afford not less than 700 square feet usable floor area per dwelling untt after conversion, and that the appearance and character of a one family dwelling shall be preserved; No major exterior structural changes shall be made except such as may be re- quired for safety by the North Andover butldin,g bylaws or by r~assachusetts General Laws, and that the whole cost of such alterations shall not e~ceed fifty percent (50%) of the reproduction cost of such dwelling in its condition existin.q immediately prior to such con- vet s to_~ and~ (d) Stairways lead in9 to the second or any hi§her floor shall be enclosed within the exterior walls of the building. Renting rooms or furntshin9 table board to not more than four persons not members of the family resident in a dwellin9 so used, provided there be no display or advertisimj on such dwelling other than a name plate or sign not to exceed six (6) inches by twenty-four (24) inches in size, ~nd further provided that no dwellin~ be erected or altered primarily for such use. Office of a professional person restdq.ng on the premises in which such office is situated, pro- vided there be no display or advertising on such dwelling or premises other than a professienal name plate, or sig~ not to exceed six (6) inches by twenty four (24J inches in size. Customary home occupations, provided there be no display and no exterior advertisin9 except an announcement sign not to exceed six (6) inches by twenty-four (24) inches and providcd that in any dwellin,q, such customar~y home occupations shall be carried on by not more than five persons ~f whom at least one shall reside in such dwelling. JOHN T. BLACKWELL 5 BOYLSTON PLACE BOSTON 16, MA$~. North Andover Zoning Bylaw - 6- Feb. 19§6 't 4.15 Schools, libraries, museums, churches, hospitals and convalescent and resthomes, local .passenger stations, also radio, radar, television or radio- teleh telephone transmitting or broadcasting towers but not their studios nor of£ices, and not veterinary hospitals. 4.16 Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall advertise only the rental, lease or sale of the pr~emtses upon which they are placed. 4.17 (a) (b) (¢) Farming of field crops and row crops, also truck gardens, orchards, plant nurseries, greenhouses; The keeping on any lot in any of such districts of not more than three animals of any kind or assortment other than pet dogs or cats owned by the family living on such lot, but specifically excluding the keeping of dogs or cats belonging - to persons other than those resident on such lot, and the keeptn9 of not more than ten birds or poultry of any kind or assortment on such a lot; Except that on any lot not less than three acres area and situated in a not thickly settled part of either a Country Residence or a Rural Residence District, but only on such lots in such parts of such districts, larger numbers of animals or birds may be kept, provided that on such lots there be no slaughtering,'gacking or processing of meat, entrails, organs, skins, hides, pelts, fur, feathers or bones. 4.18 Accessory use customarily incident to any of the above permitted uses, provided however that the term "accessory use" shall not include (a) Any use injurious, noxious or offensive to the neighborhood. (b) The keeping of more than three animals of any kind or assortment other than the pet dogs or cats beloni~tng to the family in which they are living, and the keeping of more than ten birds or poultry o.f any kind, on any premises in a thickly settled portion of any Residence District. JOHN T. BLACKWE:LL * 5 BOYLSTON PLACE * BOSTON t6. MASS. 4.~ 4.21 4.22 4.23 (c) On any lot in any Residence Dtgtrict, garagin9 or off-street parking, covered or open, of more than four motor vehicles, of which not more than two may be commercial vehicles, not counting motor-powered agricultural implements nor farm trucks if used to haul agricultural supplies to agriculturally active farm or 9rase lands, or to haul agriculture produce or hay therefrom. In Neiohborhood Business Districts: Stores not exceeding 1500 square feet floor area per store for the retail sale of food, drugs and other articles or commodities for use and con- sumption in neighboring households, but not for the sale of alcoholic liquors in any form, whether on draft or in packages. No Neighborhood Business District shall be less than one acre or more than three acres total land area, including off-street automobile parking spaces but excluding rights of Way open to travel by the general public, regardless whether such ways be designated public or private. In addition there may be permitted in a Neighborhood Business Distrtct an automobile lubricating and gasoline fillin9 station but only on petition, subject to site plan review and. approval by the Board of Appeals, after public hearing thereon with due not ice given. Automobile repair garages and automobile sales places shall not be permitted in Neighborhood Business Districts, No loading platforms or receiving doors shall be located on the street side of any retail store or other commercial building in a Neighborhood Business District. Dwellings, subject to the same lot size, yard space and all other restrictions and conditions · as would apply if such dwellings were located In a Village Residential District, also churches, schools, libraries, museums, local passenger stations and municipal or other public or civic buildings. JOHN T, BLACKWELL ' 5 BOYLSTON PLACE ' BOSTON 1~, MASS, North Andover Zoning Bylaw - 7 - 10/4/55 4.gl 4.£2 (c) On any lot in any Residence Dis'trtct, garaging or off-street parking, covered or open, of more than four motor vehicle.s, of which not more than two may be commercial vehicles, not counting motor-powered agricultural implements nor farm trucks if used to haul agricultural supplies to agriculturally active farm or grass lands, or to haul agriculture produce or hay therefrom. In Ne!=q_hborhood Busin.ess D_istricts:' Stores not exceeding 1500 square feet floor area per store for the retail sale of food, drugs and other ar.ticles or commodities for use and con- sumption in neighboring households, but not for the sale of alcoholic liquors in any form, whether on draft or in packages. No Neighborhood Business District shall be less than one acre or more than three acres total land area, including off-street automobile parking spaces but excludin9 rights of wa3; open to travel by the general public, regardless whether such ways be designated public or private. In addition there may be permitted in a Neighborhood Business District an automobile lubrtcattn9 and gasoline filling station but only on petition, subject to site plan review and approval by the Board of Appeals, after public hearing thereon with due not ice given. Automobile repair garages and automobile sales places shall not be permitted in Neighborhood Business Districts, No loading platforms or receiving doors shall be located on the street side of any retail store or other commercial building in a Neighborhood Business District. Dwellings, subject to the same lot size, yard space and all other restrictions and conditions as would apply if such dwellings were located in a Village Residential District, also churches, schools, libraries, museums, local passenger stations and municipal or other public or civic buildings. .JOHN T. BLACKWELL ' $ BOYLSTON PLACE ' BOSTON 16, North Andover Zoning Bylaw - 8 - 10/4/55 4.3 4.31 4.32 4.33 4.34 4.35 4.36 4.4 4.41 In General Business Districts: Retail and wholesale stores, salesrooms, show- rooms or places for any professional, artistic or mercantile activity not involving large- scale manufacturing on the premises, except retail bakeries or retail confectioneries tn which net more than five persons are engaged in the manufacture and sale on the premises of the bakery or confectionery goods there produced, including ice cream. Banks, offices and municipal, civic or public service buildings such as post office, telephone exchange, town offices, school, library, museum, church, local passenger station. Hall, club, theatre or other place of amusement or assembly. Automobile service and fillin9 stations, auto- mobile repair gate§es including automobile body repairs and painting, and automobile sale a§encies for new or used cars pr. ovided there be not dis- played or stored outdoors on such premises more than twenty-five (25) automobiles or other vehicles. Restaurant, dtntn9 room or lunch room. Dwellings subject to the same lot size, yard space and all other restrictions and conditions as would apply if such dwellings were located in a Village Residence zoning district. In Manufacturing Districts: Any manufacturtn9 industry employing substantially noiseless and inoffensive motive power, and in- volving quiet machinery and processes, and free from neighborhood disturbing odors or agencies, and uses of land and of buildings customarily assessory to such manufacturing, but under all the limitations stated In this paragraph. JOHN T. B/ACKWEll 5 EIOYLSTON PLACE ' ElOSTON 16, MAEI$. North Andover Zoning Bylaw - 9- lo/4/ 5 The applicant for a building permit for any manufacturing industry or for any activity necessary thereto shall show'by written state- ments or other exhibits attached to such an application that the activity proposed will not be noxious, offensive, or detrimental to the neighborhood or to the Town by reason of special danger of fire or exploston,'pollution of water ways, emission of corrosive, toxic or noisome fumes, gas,. smoke, soot, obnoxious dust, disagreeable odors, offensive qotses or other objectionable characteristics. 4.42 Wholesalin9 and warehousing activities, including lumber, Ice, heating fuels for dwelling businesses -and industries, grain, structural materials and any other commercial non-manufacturing use not specifically prohibited, provided the applicant for a building permit for any such activity shall show by written statements or other exhibits attached to. such building permit application that the use and building proposed will not be offensive or injurious to the neighborhood or to the Town on any of the counts immediately above stated in paragraph 4.41 of this section. 4.43 Premises of a bank, business offices, post office, telephone exchange or telephone business office, local bus passenger station, airport. 4.44 On petition, subject to site plan review and approval by the Board of Appeals after a public hearing, there, on with due notice given, an auto- mobile service and filling station, a motel, a diner, a restaurant, a retail food store, but not other retail stores of any kind. 4.45 Expressly prohibited in manufacturin9 districts are automobile sales agencies, automobile Junk yards, au'tomobile outdoor dead storage yards and automobile outdoor display yards. JOHN T. BL. ACKWEIIL ' 5 BOYL.$TON PLACE ' BOBTON 16. MA$1S. North Andover Zoning Bylaw - 10- 10/4/55 4.5 O_utd. oor Lipht i,n,_9 In-all zoning districts other than 6eneral Business Districts, any outdoor.lighting fixture' whether temporary or permanent shall be sO placed or hooded that the light source therein is not directly visible to any motorist and so that the light source therein is not directly visible to any point beyond the lot lines of the premises illuminated by such outdoor lighting fixture. 5.1 SECTION 5: EARTH MATERIALS REMOVAL The removal of sod, loam, soil, cl ay, sand, gravel or stone from any land in the ~P~wn of North Andover not in public use is hereby prohibited except such removal as may be authorized in any zoning district by a permit issued by the Board of Appeals and except such removal as is permitted by paragraph 5.2 of this section. No such permit shall be issued except upon written application there- fore filed with the Board of Appeals and after a public hearin9 by such Board thereon. Such application shall include a diagram to scale and a statement of the ownership and boundaries of the land for which such permit is sought', the names of all adjoinin9 owners as found tn the most recent tax list and the approximate locations of existing public or private ways nearest such land. Notice of said public hearing shall be given by publication ina newspaper published in or of general circulation in North Andover ten (10) days at least before the date of such hearing. JOHN T. BLACKWELL 5 BOYLSTON PLACE ' BOSTON 16. MA~,g. North Andover Zoning Bylaw 11 - 10/4/55 5.5 A copy of any permit granted hereunder by the Board of Appeals, stating all of the conditions imposed, if any, including but not limited to limitation of such removal in (a) extent of time, (b) area and depth of excavation, (C) steepness of slopes excavated, (d) distance between edge of excavation and neighboring pro- perties or ways, (e) temporary or permanent drainage, (f) the posting of security or bond, (§) the replacement of not less than six inches of top-soil over the whole of any area from which earth materials are removed where the location of such removal is afterward to become a residential subdivision, or, (h) in the case of continuing sand or gravel pit operations in one general locus, re-coverin§ the finished cut banks with a minimum of four inches of top- soil; or a copy of the denial by the Planning Board of any application for such permit, stating the reasons for such denial, shall De mailed forthwith by the Board to the parties in interest. 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 purposes of constructing foundations for buildings or other allowable structures for which building permits have been issued, or for the purpose of constructing ways in accordance with lines and grades approved by the Board of Appeals or for the purpose of constructing utilities or other engineerin§ works for public service. Nor shall this regu- lation be deemed to prohibit the transferral of sod, loam, soil, clay, sand, gravel, or stone from one part of a lot, tract or parcel of land to another part of the same lot, tract or parcel of land in the same ownership. .I.OHN T. BL, ACKWELL 5 BOYLSTON PLACE BOSTON 16, MASE. North, Andover Zoning Bylaw - lZ- 10/4/55 5.4 This regulation stall further be deemed not to prohibit the removal of the above specified earth materials by any person, firm or corporation who on the effective date of this regulation Shall be lawfully engaged in the business of dealin9 in or with any of such materials, or shall be a party to an agreement for the removal of any thereof, and who shall, within thirty days after such effective date, apply to the Board of Appeals for a permit for such removal, provided that the period within which such removal may be carried on under this paragraph shall end on the date of formal action by the Board on such application or, if no such application be filed, on the thirtieth day after the effective date of this regulation. SECTION 6: YARD SPACES IN RESIDENTIAL DISTRICTS 6.1 In all Residence Districts there shall be pro- vided on each lot open yard spaces of not less than the number of feet depth below stated all "{lon9 the front, the rear and alon9 each side property line of such lot, except as may be permitted otherwise by the Board of Appeals but only in Village Residence Districts and only in cases therein where the literal enforcement of the number of feet yard depth stated below as to one or more 'of such yard spaces on such a lot would cause unusual hardship or severe practical difficulty peculiar to the placement of a building on such a lot but such as w'ould not Similarly be encountered in the placement of a similar building on other lots adjoining or nearby within the same Village Residence zoning district. JOHN T. BLACKWELL 5 BOYLSTON PLACE BOSTON 16, MA~S. North Andover Zoning B~,law - 13 - 10/4/55 6.2 6,21 ~,2~ 6,23 No building or structure shall hereafter be erected, altered or moved so that any part thereof (except eaves, steps or uncovered porches) shall be nearer than the number of feet stated from the front, side or rear line of any lot in any Residence District: Village Residence, 15 feet, except that the front yard on any lot in a Village Residence District shall be either (a) not less than thirty (30) feet depth, or (b) a depth not less than the average of the front yard depths of lots, on which there are other buildings existing adjoining or within two hundred (200) feet each side of the lot in question, if such buildings are within the same street block and within the same Village Residence zoning district as the lot in question, (c) provided also that where such existtn~ buildings are already more than thirty (30) feet dls.tant from said street line, no part of any new building shall be nearer said line than the average of the front yard depth of such exist- ing buildings on lots adjoining or within two hundred (ZOO} Feet each side of the lot in question. Country Residence, 30 feet Rural Residence, 30 feet. 7.1 SECTION 7: YARD SPACES IN BUSINESS AI~D INDUSTRIAL DISTRICTS In Neighborhood Business and in General Business Districts there shall be provided on each lot an open yar~ space of not less than twenty-five (25) feet depth ali along the front and along each side property line of such lot except as may he permitted otherwise (hut only as to front yards and side~ards) by the Board of Appeals on petition of the property owner concerned after a public hearing thereon with due notice siren. In the rear of every building *JOHN T. BLACKWELL ' 5 BOYLSTON PLACE ' BOSTON 16, MASS. North Andover Zoning Bylaw - 14- 10/4/55 7.Z or structure hereafter erected in any Business District there shall be an open yard space un- built upon of not less than thirty-five ($5) feet depth. No buildng or structure shall hereafter be built, altered, moved, reconstructed, or extended so that any part thereof including loading platforms, covered or open, hut not eaves, or steps, shall he nearer than twenty-five (25) feet from the front line or s/de line of any lot in such district, nor nearer than thirty-five (35) feet from the rear line of such lot. In Industrial Districts there shall be provided on each lot an open yard space of not less than thirty-five (35) feet depth all along the'front line and along each side line of such lot, and not less than fifty-(50) feet depth along the rear line of such lot, except that an open yard space of not less than fifty (50) feet depth shall be provided on any lot in an Industrial District wherever such lot abuts land residen- t iaIly zoned. 8.1 8.2 8.3 SECTION 8: BUILDING HEIGHTS PERMITTED In Residence Districts dwellings shall not exceed, two and one-half stories or thirty-five (35) feet in height. In Neighborhood Business Districts dwellings and business structures shall not exceed two and one,half stories or thirty-five feet in height, In General Business Districts dwellings, business and other retatl or commercial structures shall not exceed three stories or forty-five'(45) feet in height. JOHN T. BLACKWELL ' 5 BOYL.$TON PL.ACE ' BOSTON IB, MA~B. North Andover Zoning Bylaw - 15- 30/4/55 8.4 8.5 In Industrial Districts buildings shall not exceed fifty-five (55) feet in height. The foregoing limitations of height in feet in the zonin9 districts designated shall not apply to farm buildings on farms of not less than ten (10) acres area, not shall they apply to chimney, ventilators, sttvltghts, tanks, bulkheads, penthouses, and other accessory structural features usually carried above roofs, nor to domes, towers or spires of churches or other buildings provided such features are in no way used for living pur- poses, and further provided that no such structural feature of any non-manufacturing building shall exceed a height of sixty-five (65) feet from the 9round nor of a manufacturin9 building, a height of eighty-five (85) feet from the §round, except by permission of the Board of Appeals, actin§ under O.L. 40A as amended. 9.1 SECTION 9: LOT AREAS AND LOT WIDTHS REQUIRED In d¢termtning the ~rea and frontage of a lot there shall nos be included any land within the limits of a street upon which such lot abuts, even if the fee to such street is in the owner of the lot, except that if a corner lot has its corner bounded by a curved line connectin9 other bounding lines which, if extended, would intersect, the lot area and lot frontage shall be computed as if such boundin§ lines were so extended. JOHN T. BLACKWELL ' 6 BOYL.$TON PL.ACE ' BOSTON North Andover Zoning Bylaw - 16 - 10/4/55 9.3 9.4 9.41 No lot~ upon which is then located any building or with respect to which a permit has been issued and ts then outstanding for the erection of any building, shall be sub-divided or reduced in area in any manner unless said lot shall thereafter fulfill the lot area, lot width and yard space requirements of this Bylaw. If land be subdivided, conveyed, devised or otherwise transferred in violation hereof, no building permit or other permit shall be issued with reference to any of the land so transferred or to the lot(s) retained until all of such land and lots meet the requirements of this Zoning Bylaw. Any land taken by eminent dc~nain or conveyed for a public purpose for which the land could have been or was taken by eminent domain shall not be deemed to be transferred in violation of the provisions hereof. W/hen a lot in one ownership is situated in part in the T~wn of~Eorth Andover and in part in an adjacent town or city, the provisions, regula- tions and restrictions of this Bylaw shall be applied to that portion of such lot as lies in the Town of North Andover in the same manner as if the entire lot were situated therein. In Residence Districts In Village Residence Districts no principal permitted building shall hereafter be erected except on a lot containin9 not less than fifteen thousand (15,000) square feet area and not less than one hundred (100) feet width at the street frontage, except as may be permitted otherwise by the Board of Appeals in Village Residence Districts as ~rther specified in Section 9.7 below. JOHN T. BLACKWELL 5 BOYLSTON PLACE BOSTON North Andover Zoning Bylaw 17 - 10/4/55 9.'42 9.43 9.5 In Country Residence Districts no principal permitted building shall hereafter be erected except on a lot containing not less than thirty- five thousand (55,000) square feet area and not less than one hundred fifty (150) feet width at the street frontage. In Rural Residence Districts no prtnctpa! permitted building shal! hereafter be erected except on a lot containing not less than sixty thousand (60,000) square feet area and not less than two hundred (200) feet width at the street frontage. In General Business Districts and in l~__eighborh~)o~ Bus'Iness bts't~icts ~ Each lot shall contain not less than twenty thousand (20,00) square feet area and he not less than one hundred (100) feet width at the street frontage, and not more than thirty-five (55) percent of the total area of any such lot m~v be covered by buildings. Any yard space or area required to be kept open and unbuilt on on such lot may nevertheless be used for off-street automobile parking, if otherwise lawful, except that a green strip not less than ten (lO) feet wide on which to grow grass, bushes, flowers or trees shall be main- tatned open and green; unbuilt on, unpaved and not pa~tg~d on, all along each side or rear property line of such a lot wherever it abuts land residentially zoned. 9.6 I~n Industrial Districts Each lot shall contain not less than foriy-five thousand (45,000) square feet area and be of not less than one hundred and fifty (150) feet width at the street frontage and not more than thirty-five (55) percent of the total area of any such lot ma5; be covered by buildings. JOHN T, BLACKWELL ' 5 BOYLSTON PLACE ' BOSTON 16, MASS. North Andover Zoning Bylaw - 18 - 10/4/55 9.7 Any yard space or area required to be kept open and unbuilt on on such lot may nevertheless, if otherwise lawful, be used for off-street automobile parking, or for outdoor storage of articles, supplies and materials, except that a green strip not less than' thirty (30) feet wide on which to grow grass, bushes, flowers or trees, shall be maintained open and green, unbuilt on, unpaved and not parked on, ali alon9 each side or rear property line of such a lot wherever it abuts land residentially zoned. _.Lot Size and Lqt, Fron~a:qe._E.x_c~epttons The lot size and lot frontage requirements above specified shall not apply in-the respec- tive districts to any lot therein contatnin9 less area or being of less width (or both) than above required if such lot was lawfully laid out and duly recorded by plan or deed prior to the effectiYe date of this amendment to this bylaw and if such lot be not adjoined by other land of the same owner available for combination with or use in connection with such lot, provided that such yard space re- quirements specified in Sections 6 and 7 of this Bylaw shall apply to each such lot and provided that on any such lot there shall not h~ reef ret be built any duplex or two- family dwelling except by conversion of a dwelling already existing on such a lot and only in compliance with the requirements specified in Section 7,1 of this B~law, and further provided that there hereafter may be built on any such lot only one structure per- mitted in the district in which such lot is located, in full compliance with the yard space requirements of this Bylaw. In Village Residence District only, and only as to not more than two (~) lots of the same owner, whether or not mutually adjoining, and only if each of JO[IN T. BLACKWELL 5 BOYLSTON PLACE BOSTON 16. MASS. North Andover Zoning Bylaw - 19 - 10/4/55 such lots shall contain not less than ten thousand (10,000) square feet area, the Board of Appeals may pezu it yet other variations 'from the above stated lot area, lot width and yard space requirements but only in cases where the literal application of the above stated requirements would result in unusual hardship or severe practical difficulty peculiar to the placement of a building on such a lot but such as would not similarly be encountered in the placement of a similar building on lots adjoining or nearby within the same Village Residence zoning district. 10. I 10.2 SECTION 10: NON-COI~FORMING USES Any lawfully non-conformin9 building or structure and any lawfully non-conforming use of building or land may be continued in the same kind and manner and to the same extent as at the time it became lawfully non-conform- ing, but such buildtn9 or use shall not at any time be changed, extended or enlarged except' for a purpose permitted in the zoning district in which such building or use is situated. If any lawfully non_conforming building or use of a buildin9 or land be at any time dis- continued for a period of two years er mcre, er if such use or building be changed to one conforming with the North Andaver Z'ontn9 Bylaw in the district in which it is located, it shall thereafter continue to conform. JOHN T. BLACKWELL ' 5 BOYLSTON PLACE ' BOSTON 16, MASS. North Andover Zoning Bylaw - 20 - 10/4/55 10.3 Any non-conforming building or structure destroyed or damaged by fire, flood, lightning, wino or otherwise to the extent of sixty-five (65ffo) percent or more of its reproduction cost at the time of such damage shall not be rebuilt, repaired, reconstructed nor altered except for a purpose permitted in the zoning district in which such building is located, or except as may be permitted otherwise by the Board of Appeals acting under G.L. Ch. 40A, as amended. SECTION 11: BOARD OF APPEALS, POWERS AND DUTIES 11.1 There shall be a Board of Appeals of five members which shall have and exercise all the powers provided under G.L. Chapter 40A as amended, and which shall hear and decide on matters specifically' referred to the Board of Appeals by the provisions of the North Andover Zoning Bylaw and other matters referred to it by ~tatute. On each appeal arisin§ under the North Andover Zoning Bylaw, the Board of Appeals shall hold a public hearing, of which notice shall be given by publication in a newspaper published in North Andover ten days at least be- fore the date of such hearin§. The Board shall give notice by registered mail to all owners of property (as appearin§ on the most recent tax list) within 300 feet of the boundaries of the lot involved. 12.1 SECTION 12: ZOI~INO AI, iENDMENTS The Planning. Board, on its own initiative, or on petition signed by not less than fifty (50) registered voters of North Andouer, shall hold a public hearing on any written proposal to amend either the Zoning Bylaw, including the zoning map and shall report its recommendations thereon, if any, to a North Andover Town Meeting. JOHN T. BLA.CKWELL 5 BOYLSTON PLACE ' BOSTON 16, MASS. North Andover Zoning Bylaw - £1 - 10/4/55 1Z.Z Each proposal to change the zoning map shall be made in writtn9 and shall explicitly state the nature, extent and location of the map change proposed and shall be accompanied by (a) Master transparent diagram to scale and five blackline prints thereof showing and stating clearly the dimensions in feet of the land area proposed to be changed as to zone, (b) also a sketch or other explicit identi- fication of the locatton of such land in relation to the majority of the rest of the Town. Notice of the aforesaid public hearth9 on a zonin9 amendment shall be given by publication in a newspaper published in or of general circulation in North Andover twelve days at · least before date of such hearin9 and by mailing copies of such notice as published to such parties as the Planning Board may deem interested, at the addresses for such parties as they appear in the most recent North Andover real estate tax records. 13.1 SECT/ON 13: CORFLICT OF LAWS In general this Bylaw is supplementary to other Bylaws affecting the use, height, area, and location of buildings and structures and the use of premises. Where this Bylaw imposes a ~reater restriction upon the use, height, area and location of buildings and structures of the' use of premises than is imposed by other Bylaws, the provisions of this Bylaw shall control. JOHN T. BLACKWELL ' 5 BOYLSTON PLACE ' BOSTON 16, MASS. North Andover Zoning Bylaw - 22 - 10/4/55 14.1 14.£ 14.3 SECTION 14: ENFORCEMEE T The North Andover Zoning Bylaw shall be enforced by the North Andover Building Inspector. The Building Inspector, upon bein9 informed in writtn9 of a possible violation of this Bylaw or on his own initiative, shall make or cause to be made an tnve, stigation of facts and in- spection of the premises where such violation may exist. The Building Inspector, on evidence of any violation, after investigation and inspection, shall give written notice of such violation to the owner and to the occupant of such premises, and the Building Inspector shall deman~ in such notice that such violation be abated within such reasonable time as may be designated there in by the Building Inspector. Such notice and demand may be given by mail, addressed to the owner at the address appearing for him on the most recent real estate tax records of North Andover, and to the occupant at the address of the premises of such seeming violation. If, after such notice and demand, such violation has not been abated within the time specified, the Buildin9 Inspector or the Selectmen shall institute appropriate action or proceedings in the name of the Town of North Andover to pre- vent, correct, restrain or abate any violation of this Bylaw. No building shall be erected in North Andover without the approval of the Building Inspector. He shall not approve any application for any buildin9 permit unless the plans for such buildin9 and the intended use thereof in all respects fulfill the provisions of this Bylaw. JOHN T. BLACKWELL ' 5 BOYLSTON PLACE ' BOSTON North Andover Zoning Bylaw - 23 - 10/4/55 14.4 Each application for a building permit shall be accompanied by a plot ~plan in duplicate drawn to scale showing the actual dimensions of the lot on which Such butld ing is proposed to be erected, also the true location and ground coverage dimensions of any building already existing upon such lot, and the true location and ground coverage dimensions of any building or structure proposed to be erected. Such plot plan shall also show each street, alley or right-of-way on or adjacent to the lot in question. One copy of each such application and plot plan shall be kept on file in the office of the Building Inspector. 15.1 SECTION 15: VALIDITY The invalidity of any section or provision of this Bylaw shall not invalidate any other section or provision thereof. JOHN T. BLACKWEL, L, ' 5 BOYL,E;TON PL,ACE' ' BOSTON 16, MASS.