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HomeMy WebLinkAbout1975-04-26TOWN OF NORTH ANDOVER JOHN ]. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE Honorable Francis X. Bellotti, Attorney General of The Commonwealth State House Boston, Mass. TOWN BUILDING North Andover, Mass, 01845 May 14, 1975 Dear Mr. Bellotti: At our Annual Town Meeting held in the Veteran's Auditorium of our North Andover Middle School on Saturday April 26, 1975 at 1:30 P.M., the following General By-Law Article ~ peared in the Warrant and ARTICLE ll. To see if the town will General By-Laws by striking out the the following sentence: A majority was voted is herewith submitted for your approval. vote to amend Section l0 of Article IV of its first sentence thereof and inserting in its place of a committee consisting of one of the Selectmen, the Town Clerk, the Town Treasurer, the Moderator, one of the Assessors, a member of the Board of Public Works, a member of the School Committee, a member of the Board of Health, and a member of the Planning Board shall annually in June appoint and, subject to ~propriation therefor, fix the compensation of au attorney at law who shall be a resident of the Town and a member in good standing of the Bar of the Commonwealth, to serve as Town Counsel for the ~erm of one year from the first day of July next following, and until his successor shall have been duly appointed and qualified. Petition of Selectmen. Under the aforesaid Article ll., it was VOTED to amend Section 10, of Article IV of the General By~aws by striking out the first sentence thereof and inserting in its place the following sentence: A majority of a committee consisting of the Town Clerk, the Town Treasurer, the Moderator, the Highway Surveyor and after a vote of each of the following Boards or Committees the Chairman of the Board of Selectmen, the Chairman of the Board of Assessors, he Chairman of the Board of Public Works, the School Committee Chairman, the Board of Health Chairman and the Chairman of the Planning Board shall annually in June ~point and, subject to appropriation therefor, fix the compensation of an attorney-at-law who shall be a resident of the Town and a member in good standing of the Bar of the Commonwealth, to serve as Town Counsel for the term of one year from the first day of July next following, and until his successor shall have been duly appointed and qualified. ARTICLE 12. To see if the Town will vote, under Section l, Chapter 41 of the General Laws, to authorize its Treasurer hereafter to act as its Collector of Taxes. Petition of the Selectmen. Under the aforesaid Article 12, it was VOTED TO ADOPT the Article to take 6ffect on the first Monday in March 1976. ~TICLE 80. To see if the Town will vote to amend Section ll of Article IV of its General By-Laws by striking out the Word "March" and inserting in place thereof the word "June". Under the aforesaid article it was VOTED TO ADOPT the article. ARTICLE 81. To see if the Town will vote that at the Annual Town Election to be held in the year 1976, and tri-annuallythereafter, the Moderator shall be elected for a term of three years. Under the aforesaide Article 81. it was VOTED TO ~OPT THE ARTICLE. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE TOWN BUILDING North Andover, Mass. 01~45 Honorable Francis X. Bellotti: 2. May 14, 1975 General By-Laws Con't. All requirements of the Law regarding Articles 11, 12, 80 and 811 have been complied with. The Meeting opened at 1:30 P.M., and adjourned at 6:00 P.M., with Town Moderator Donald F. Smith, Esquire Presiding. Five hundred and sixty-eight (568) duly registered voters w ere presnet and checked by the Board of Registrars. ~ ~-~ TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE TOWN BUILDING North Andouer, Mass. 01845 May 14, 1975 Honorable Francis X. Bellotti. Attorney General of The Co~onwealth State House. Boston, Mass. Dear Mr. Bellotti: At our Annual Town Meeting held in the Veteran's Auditorium of our North Andover Middle School on Saturday April 26, 1975 at 1:30 P.M., the following Zonioj~ By-Laws Articles appeared in the Warrant and was voted upon is herewith submitted for your approval. ARTICLE 28. To see if the Town will vote to amend its Zoning By-Law to regulate construction in flood hazard areas shown on maps entitled "Town of North Andover, Mass. (Essex Co.) FIA Flood Hazard Boundary Maps" HOl-08 dated June 28, 1974 on file with the Town Clerk. Petition of the Planning Board. Under the ~foresaid Article it as VOTED UNANIMOUSLY to adopt the article. ARTICLE 29.. To see if the Town will vote to amend Section 9.13 of the Zoning By-Law so as to read: '~oever violates any provisions of this By-Law, except as may be otherwise specifically provided thereby, shall be punished by a fine not exceeding $20.00 for each offense. Each day that such vio]ation continues sha]_l constitute a separate offense.". Petition of the Planning Board. Under the aforesaid article it was VOTED AFFIrmATIVE 222. NEGATIVE 2. ARTICLE 30. OL OWS) ARTICLE 30. To see if the Town will vote to amend its Zoning By-Law by striking therefrom Section 5, and inserting in place thereof the following new Section: Section 5 5.1 GENERAL 1) The stripping or removal of earth material from any parcel of land, public or private, in North Andover is prohibited except as permitted by the provisions of this Section of the By-Law. Exclusive jurisdiction to issue Earth Removal Permits shall be with the Board except for permits allowed in Paragraphs 5.5 and 5.6. The Board or the Building Inspector shall have the authority to issue an Operating Hours Extension Permit, as defined in Subsection 5.2 (4). The Building Inspector shall have the authority to enforce all condi- tions of any permit issued under this Section of the Zoning By-Law. All earth removal operations in existence in North Andover on the effective date of this Section shall be subject to the requirements stated herein. However, all Earth Removal Permits issued prior to the effective date of this Section, shall remain in effect until their expira- tion date. At such time, said operation shall be subject to the provi- sions of this Section, unless otherwise allowed by the Board, for a period not to exceed six (6) months. 6) An annual fee of One Hundred ($100.00) dollars shall be required for Earth Removal Permit~ Miscellaneous Earth Removal Permits shall require an annual fee of Twenty-five ($25.00) dollars. 2) 4) 5) TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE Honorable Francis X. Bellotti. e TOWN BUILDING North Andover, Mass. 01845 May 14, 1975 5.4 PERMITS FOR EARTH REMOVAL · 1) The Board may issue Earth Removal Permits for any zoning district, complete with conditions imposed, for areas not to exceed forty (40) acres. All permits shall conform to the minimum restoration and op- erating standards contained herein and such other conditions as the Board may deem necessary. Said permit shall allow the working of only five (5) acres at any one time. Upon completion of the earth removal operation on a five (5) acre parcel, or a part thereof, and substantial restoration of said parcel as determined by the Board, according to the restoration standards and the permit conditions, ap- plication may then be made to the Board for a permit renewal. Such permit renewal shall allow the removal of earth on another five (5) acres section, as shown by the operating schedule submitted with the permit application. This procedure shall be followed until the opera- tion is completed. 2) The permit shall be considered a non-transferrable revocable permit to remove earth materials. If it is found that incorrect information was submitted in the application, or that conditions of the permit are being violated, or that the governing regulations are not being fol- lowed, the permit shall be suspended until all provisions have been met and the premises made to conform. Failure of the permit holder to comply within the time specified by the Board for correction of violations shall cause the permit to be revoked, forfeiture of the secur- ity to the ~own, and the imposition of all fines as set forth in Para- graph 5.1 (7). 3) The Board shall discuss and review the permit periodically, and at a minimum, annually. Written progress reports showing conformance with regulations and permit conditions shall be ~ubmitted to the Board by the Building Inspector or his dedgnated agent every three (3) months. 4) An Earth Removal Permit shall not be in effect until the applicant has filed the proper security as required in Paragraph 5.9, paid the re- quired fees as required by Paragraph 5.1 (6), and recorded the special permit at the Registry of Deeds. 5) Mechanical crushing and screening may be permitted by the Board after a public hearing with due notice given. 5.5 EARTH REMOVAL INCIDENTAL TO DEVELOPMENT AND CONSTRUCTION 1) This regulation shall be deemed not to prohibit the removal of such sod, loam, soil, clay, sand, gravel or stone a~ may be required to be excavated for the purpose of constructing ways in accordance with lines and grades approved by the Board or a definitive plan, approved by the Planning Board, or for the purpose of constructing under- ground utilities. 2) Where soil is to be removed in connection with the preparation of a specific site for building, removal may take place only after the issuance of a building permit by the Building Inspector. Removal will be allowed only from the area for the buildings, driveways, parking areas, and from areas where removal is specifically required by the Board of Health in connection with disposal systems. Where special circumstances exist requiring general regrading, removal of peat, etc., the builder may file a plan and request for an additional soil removal permit with the Building Inspector as provided in Paragraph 5.6 be- Honorable Francis X. Bellotti: TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE TOWN BUILDING North Andover, Mass. 01846 4. May 14, 1975 5.6 MISCELLANEOUS REMOVAL OF EARTH INCIDENTAL TO IMPROVEMENTS. Removal of miscellaneous amounts of Earth is permitted provided the removal is necessary for the improvement of the property from which removal takes place and provided the removal is in accord with the expressed intent and purpose of the provisions of this By-Law. moral of aggregate quantities of less than fifty (50) cubic yards from any one general site requires no formed permit. Where the removal of soil in quantities in excess of fifty (50) cubic yards but less than one thousand (1,000) cubic yards is desired, application must be made to the Building Inspector for a Miscellaneous Soil Removal Permit. Where special circumstances exist which require the removal of soil in excess of one thousand (1,000) cubic yards, but for which a general permit under paragraph 5.4 is not appropriate, a permit for a larger amount up to five (5,000) cubic yards may be issued provided that it additionally has the approval of and bears the signature of the Board. Said action does not require a public hearing. The permit shall indi- cate the approximate quantity of soil to be removed, the purpose of removal, and the location of the sate of removal. The permit shall also specify that upon completion of excavation, exposed subsoil sh~dl be graded and covered with loam to a minimum depth of six (6) inches and that the removal is to be controlled by the appropriate sections of Paragraph 5.7 (Operating Standards). Except where the removal under this Paragraph is done in connection with the formation or enlarge- ment of a pond, excavation shall not be permitted below the mean grade of the street or road serving the property. The excavation of flow of a water course or to cause surface water to gather as a sump or swale; Pits for burying large rocks and stumps shall immediately be back-filled for safety reasons. Failure to meet the requirements of this Paragraph shall be deemed a violation of the Zoning By-Law. 5.7 OPERATION STANDARDS Time of Operation (a) Excavation and site maintenance may be carried on from 6:30 A.M. until 7:30 P.M., Monday through Saturday. (b) Trucking from the site may be carried on from 7:00 A.M. through 6;00 P.M., Monday through Saturday. (c) An Operating Hours Extension Permit for trucking until 9:00 P.M. for no more than three (3) consecutive days may be granted by the Building Inspector after reviewing conditions of the appli- cation. Said application shall show reason for extension of time, distance of hauling, and approximate cubic yardage to be hauled. Preparation Only the active area described in the permit application may be made ready for earth removal. (b) No standing trees are to be bulldozed ovar, or slashed and bull- dozed into piles All trees must be cut down. All wood and brush must be piled for removal or chipping. Wood chips may remain on the sate. No trees are to be buried on the site. (c) Stumps shall be buried in predesignated area as shown on applica- tion plans. Any change in stump burial must be submitted to the Board for approval. 1) 2) Site (a) 3) (d) Topsoil Storage (a) All topsoil removed from the active removal area shall be piled for future site restoration. (b) No topsoil shall be removed from the site until all areas have bean restored and permission has been granted by the Board. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE Honorable Francis X. Bellotti. e TOWN BUILDING North Andover, Mass. 01845 May 1~, 1975 4) Erosion Control (a) Prior to any excavation or earth removal, adequate siltation basins, shall be constructed to prevent the runoff of silted water from the site. 5) e) 7) (b) All excavation shall be done so as to create contours to channel runoff waters into the siltation basins. (c) No siltation basin shall exceed seven (7) feet in depth. (d) Siltation basins must be cleaned when sediment deposits are with- in eighteen (18) inches of the outfall invert. Dust Control (a) No earth removal operation shall create excessive amounts of dust or allow roads leading into or from a site to become excessively dust producing. (b) Proper dust control methods shall be approved by the Building Inspector. Excavation Near Brooks (a) No excavation shall be made which will alter the natural way or existing elevation of a brook, stream or river. (b) All banks of brooks, streams, and rivers shall be reconstructed to be aesthetically attractive and of sufficient height to prevent abutting properties from flooding. (c) Said bank height shall be computed for a fifty (50) year storm for all brooks, streams, and rivers up to eight (8) feet in width and two (2) feet in depth; and for a one hundred (100) year storm from all brooks, streams and rivers which exceed this size. Site Screening . (a) An immediate program of site screening shall start when site prep- aration begins. (b) All entrances shall be screened with existing vegetation, evar- greens, or other suitable natural methods, so as to prevent a direct view into the earth removal area. (c) AIl areas within fifty (50) feet of a traveled way or abutting property lines shall be reforested immediately upon completion of the earth removal operation of that area. Said reforestation shall be done in accordance with the North Andover Tree Department. A minimum of One Hundred Fifty (150) trees per acre shall be used for this reforestation. Areas which are to be used for agricultural purposes after earth removal operations are completed may be reforested in the fol- lowing manner: Trees shall be planted twenty-five (25) feet deep from the road or property line. The remaining area shall immediately be planted with grass or other suitable agricultural planting material. O JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE Honorable Francis X. Bellotti. 8) Access Roads TOWN OF NORTH ANDOVER e TOWN ~lJI Li:)iNG North Andover, Mass. 01845 May 14, 1975 (b) (e) 9) Site Maintenance A STOP sign shall be installed so as to warn any vehicle entering onto a Town Street. All access roads shall be equipped with a suitable locking gate to prevent unauthorized entry. (a) No open face excavation shall exceed twenty-five (25) feet in height. . (b) No excavation shall be closer than fifteen (15) feet to a property line. (c) No slope shall exceed a two (2) foot horizontal to a one (1) foot vertical (2:1) grade. 10) Temporary Buildings (a) All temporary structures shall be specified in the special permit application and shown on the plan. (b) Any structure erected on the premises for use by personnel or storage of equipment shall be located at least forty (40) feet from any existing roadway and at least thirty (30) feet from any lot line. ll) (c) Any temporary structure will be removed no later than ninety (90) days after the expiration date of the permit. Mechanical Crushing and Screening (a) All crushing and screening perraits shall be granted for a period not to exceed six (6) months. (b) Said permits shall be granted as a cleanup procedure only. (c) Washing of precassed material will not be allowed. (d) Operation of crushing or screening equipment shall be from 7:30 A.M. until 5:00 P.M., Monday through Friday. (e) All crushing and screening equipment shall be equipped with suit- able dust and noise control devices~ 5.8 Restoration Standards 1) All restoration must be completed within sixty (60) days after the termination of an earth removal permit or by the first of June if the permit terminates between December first through March thirty-first. 2) No slope shall be left with a grade steeper than a two (2) foot horizon- tal to a one (1) foot vertical (2:1). 3) All siltation basins shall be filled with earth, and a natural drainage pattern must be re-established. No area upon the site which will col- lect water shall remain unless approval is granted by the Board or unless the area was shown on the original application plans. 4) All topsoil which was on the site prior to earth removal operations shall be replaced to a minimum depth of six (6) inches on all dis- turbed areas. Bites that had less than six (6) inches of topsoil shall be restored with a minimum of four (4) inches over the entire area. 5) Seeding - The entire area shall be seeded with grass or legume which contains at least sixty (60) percent perennials. The planted area shall be protected from erosion during the establishment period using good conservation practices. Areas which washout are to he repaired im- mediately. (a) All access roads shall be level with intersecting streets for a dis- tance of sixty (60 feet.) TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE 6) Reforeetatioa- All areas which are disturbed in the earth removal o~ ~ be reforested with fifty {50) percent coniferous and fifty (50) ~nt {[eciduous trees planted at the rate of one hundred fifty (150) trees per acre. All trees used are to be a minimum of two (2) year transplants. Said planting shall be in accordance with the recommendations of the North Andover Tree Department. Areas which are to be used for agricultural purposes after earth removal operations are completed may be reforested in the following manner; (a) Trees shall be planted twenty-five (25) feet deep from a public road or property line. (b) The remaining area shah immediately be planted with grass or other suitable agricultural planting material. Permits issued by the Building Inspector for soil removal incidental to construction or for special purposes are exempt from reforestation paragraph. 7) Within ninety (90) days of completion of operations, all equipment, accessory buildings, structures, and unsightly evidence of operation shall be removed from the premises. 5.9 Security Requirement 1) There must be filed with the Town Treasurer, a continuous bond or deposit of money in the minimum amount of One Thousand (1,000.00) dollars per acre to be excavated, and shall be of a sufficient amount to cover ten (10) acres, or the total parcel, whichever is smaller, as determined by and satisfactory to the Board. 2) After completion of the total project, and at the applicant's written request, the Board may grant a partial release of any security posted by the applicant. One (1) year after such a partial release is granted and if in the opinion of the Board, no damage or deterioration to the finished project has developed, the Board will issue a final release of the security. If, during the year following the date of a partial release, slumping, gullying, erosion or any other unsatisfactory condition appears, the applicant shall be responsible for, and shall make any necessary repairs, before final release of security is granted. The bonding agent shall be required to give the Board of Appeals, by Registered or Certified Mail. a sixty (60) day notice prior to any ter- ruination or cancellation of the Bond. Under the aforesaid Article ~ it was VOTED unanimously to ADOPT ARTICLE hS. (AS FOLLOWS) Honorabl~ ~. ancis X. Bellott±. TOWN BUILDING North Andovsr, Mass. 01845 May ih, 1975 the article. ARTICLE 48. To see if the Town will vote to amend its Zoning By-Law in the following respects: 1) By adding to Section 3.1 the designation "Industrial 3 District" 2) By re-numbering Section 4.131 as "4.132", and by adding a new Section 4.131 reading as follows: 4.131 Industrial 3 District 1) Public Buildings 2) Public Garages and Accessory Buildings 3) Public Service Corporations 4) Public Sanitary Disposal Site 5) Public Storage of Equipment 6) All Uses Permitted in the Industrial I District 3) By adding to Table 2 (which follows Section 6 of the By-Law) a new column designated as "Ind. 3", and two footnotes thereto, ali as TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE Honorable Francis X. Bellotti. 8. ~RTICLE 48. (Con't) Lot Area: 435~600 sci.-ft. (10 acres) Height Maximum: 55 ft. Street Frontage: 150 ft. Front Setback: 100 ft.10 Side Setback: 200 ft. 10 Rear Setback: 200 ft. 10 Floor Area Ratio: 0.50:1 Lot Coverage: 35%11 Dwelling Unit Density: N/A Footnote references for above: TOWN BUILDING North Andover, Mass. 01845 May 14, 1975. ARTICLE 49. (AS FOLLOWS) ARTICLE 49. To see if the Town will vote to amend its Zoning By-Law by changing the Zoning Map of the Town to include the parcel of land hereinafter described within the Industrial 3 District: Beginning at the southwesterly corner thereof at a point located on the northerly side of the Missile Site Road, so-called, 460 feet more or less easterly from the northeastern intersection of said Missile Site Road and the Salem Turnpike (Route 114); thence turning and running easterly along the northerly side of the Missile Site Road, 1950 feet more orless, to a stone wall at land now or formerly owned by said Commonwealth of Massachusetts along a stone wall, 375 feet more or less, to a point; thence turning and running northeasterly and northerly in several courses by land of said Commonwealth of Massachusetts along a stone wall, 365 feet more or less, to a corner stone wall; thence turning and running westerly and northesterly in several courses along a stone wall by land now or formerly Commonwealth of Massachusetts, 2800 feet more or less, to an inter- section of a stone wall at land now or formerly owned by Jean P. ProuLx; thence turning and running westerly along a stone w~!l by land now or formerly owned by Jean P. Proulx, 900 feet more or less, to an inter- section of stone wall at land now br formerly owned by the Worcester County National Bank; thence turning and running southwemterly by land of said Worcester County National Bank, 170 feet more or le~, to a corner of stone wall at land now or formerly owned by the Wash Realty Trust; thence turning and running southerly and southwesterly in several course~ along a stone wall by land of said Wasil Realty Trust, 680 feet more or less, to an intersection of a stone wall at land now or formerly owned by Edward H. and Ruth M. Broughton; thence turning and running southeast- erly along a stone wall by land now or formerly owned by said Broughton along a stone wall, 495 feet to a corner of a stone wall at land nor or formerly owned by Constantine Papanechail; thenea turning and running southeasterly by land now or formerly owned by said Papanechail, Edward Jr. and Miriam Pinaud, James J. and Judith A. Pelrine, Harry W. and Gertrude F. Leer, John Rabehinuk, and Edward M. and Shirley A. Knowl- ton along a stone wall, 1275 feet or less, to the point of beginning. Petition of the Planning Board Under the aforesaid Article 49 it was VOTED unanimous~-'-~y to ADOPT the article. 10 Where a public sanitary disposal site is the primary use, the setback area shall be used to provide a screening, natural or artificial, from adjacent residential usa or public roadway. 11 Where a public sanitary disposal site is the primary use an increase up to 100% of the lot coverage shall apply, not including the setback areas. Petition of the Planning Board Under the aforesaid Article 48 it was VOTED unanimously to ADOPT the Article. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE TOWN BUILDING North Andover, Mass. 01845 Honorable Francis X, Bellotti. 9. May 14, 1975 All requirements of the la~ regarding ~rticles 28, 29, 30, 48 and 49 have been complied with. The Meeting opened at 1:30 P.M., and adjourned at 6:00 P.M., with Town Moderator Donald F. Smith, Esquire Presiding. Five hundred and sixty-eight (568) duly registered voters were present and checked by the Board of Registrars. A true copy: ATTEST: ~~ ~ July 7, 1975 Boston, Massachusetts The foregoing amendments to general by-laws adopted under Articles 11 and 80 and the amendments to zoning by-laws adopted under Articles 29, 30, 48, and 49 of the warrant are hereby approved. No action was taken on Articles 12, 81, and 28 for these are not amendments to the by-laws but are only votes of the town meeting. FRANCIS X. BELLOTTI ATTORNEy GENERAL THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE ATTORNEY GENERAL S'FATE HOUSE · BOSTON 02[33 July 7, 1975 Mr. John J. Lyons Town Clerk C.M.C. Town Building North Andover, Massachusetts 01845 Dear Mr. Lyons: Please find enclosed the amendments to the by-laws adopted under Articles ll, 80, 29, 30, 48, and 49 of the warrant for the 1975 Annual Town Meeting with the approval of the Attorney General endorsed thereon. No action was taken on Articles 12, 81, and 28 for these are not amendments to the by-laws but are only votes of the town meeting. Very truly yours, Steven A. Rusconi Assistant Attorney General SAR/alg Enclosures TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. E L, ECTION DEPARTMENT JUS'rlCE OF THE PEACE Honorable Francis X. Bellotti, Attorney General of '~",..e Commonwealth State House Boston, Mass. May lb, Dear Mr. Bellotti: TOWN BUILDING North And0ve~, Mass, 01848 1 75 At our Annual Town Meeting held in the Veteran's Auditorium of our North Andover ~ddle School on Saturday April 26, 1975 at 1:30 P.M., the following General By-Law Article m peared in the Warrant and ARTICLE 11. To see if the town will General By-Laws by striking out the the following sentence: A majority was voted is herewith submitted for your approval. vote to amend Section lO of Article IV of its first sentence thereof and inserting in its place of a committee consisting of one of the Selectmen, the Town Clerk, the Town Treasurer, the Moderator, one of the Assessors~ a member of the Bo~mrd of Public Works, a member of the School Committee, a member of the Board of Health, and a member of the Planning Board shall annually in June appoint and, subject to ~propriation therefor~ fix the compensation of an attorney at law who shall b e a resident of the Town and a member in good standing of the Bar of the Commonwealth, to serve as Town Counsel for the Serm of one year from the first day of July next following, and until his successor shall have been duly appointed and qualified. Petition of Selectmen. Under the aforesaid~Ar~icle ll., it was VOTED to amend Section 10, of Article IV of the General By~aws by Striking out the first sentence thereof and inserting in its place the following sentence: A majority of a committee consisting of the Town Clerk, the Town Treasurer, the Moderator, the Highway Surveyor and after a vote of each of the following Boards or Committees the Chairman of the Board of Selectmen~ the Chairman of .the Board of Assessors, he Chairman of the Board of Public Works, the School Committee Chairman, the Board of Health Chairman and the Chairmsn of the Planning Board shall annually in June ~point and, subject to mppropriation therefor, fix the compensation of an attorney-at-law who shall be a resident of the.Town and a member in good standing of the Bar of the Commonwealth, to serve as Town Counsel for the term of one year from the first day of July next following, and until his s~ccessor shall have been duly appointed and qualified. ARTICLE 12. To see if the Town will vote, under Section l, Chapter ~l of ~he General Laws, to authorize its Treasurer hereafter to act as its Collector of Taxes. Petition of the Selectmen. Under the aforesaid Article 12, it was VOTED TO ADOPT the Article to take effect on the first Monday in March 1976. ARTICLE 80. To see if the Town will vote to amend Section ll of Article IV of its General By-Laws ~y striking out the Word "March" and inserting in place thereof, the word "June". under tNe'aforesaid article it was VOT'~ZD TO ADOPT the article. A~TICLE 81. To see if the Town will vote that at the Annual Town Election to be held in the.year 1976, and tri-annuallythereafter, the Moderator shall be elected for a term of three years. Under the aforesaide Article 81. it was VOTED TO~DOPT THE ARTICLE. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF TIlE PEACE TOWN BUILDING North Andover. Mall, 01846 Honorable Francis X. Bellotti: 2. May 14, 1975 General By-Laws Con't. AI~ requirements of the Law regarding Articles 11, 12, 80 and 81 have been complied with. The Meeting opened at l:]O P.M., and adjourned at 6:00 P.M., with Town Moderator Donald F. Smith, Esquire Presiding. Five hundred and. sixty-eight (568) duly registered voters w ere presnet and checked by the Board o£ Registrars. ~ ~~S. A true copy: ATTEST: TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPAFITMENT JUSTICE OF THE PEACE TOWN BUILDING North Andavsr, MSSl. 01~45 Honorable Francis X. Bellotti. Attorney General of The Commonwealth State House. Boston, Mass. 14, 1975 Dear Mr. Belletti: At our Annual Town Meeting held in t~e Veteran's Auditorium of our North Andover Middle School on Saturday April 26, 1975 at 1:30 P.M., the following Zoning By-Laws Articles appeared in the Warrant and was voted upon is herewith submitted for your approval. ARTICLE 28. To see Jf the Town will vote to amend its Zoning By-Law to regulate construction in flood hazard areas shown on maps entitled "Town of North And0ver, Mass. (Essex Co.) FIA Flood Hazard Boundary Maps" HOl-08 dated June 28, 1974 on file with the Town Clerk. Petition of the Planning Board. Under the aforesaid Article it as VOTED UNANIMOUSLY to adopt the article. ;~TICLE 29. To see if the Town will vote to amend Section 9.13 of the Zeroing By-Law so as to read: 'Whoever violates any provisions of this By-Law, except as may be otherwise specifically provided thereby~ shall be punished by a fine not exceeding $20.00 for each offense. Each day that such violation continues shall constitute a separate offense."f Petition of the Planning Board. Under the aforesaid article it was VOTED AFFI~g~TIVE 222. NEGATIVE 2. ARTICLE 30. (AS FOLIDWS) ARTICLE 30. To see if the Town will vote to amend its Zoning By-Law by striking therefrom Section 5, and inserting in place thereof the following new Section: · Section 5 5.1 GENERAL ~', 1) The stripping or removal of earth material from any parcel of land, public or private, in North Andover is prohibited except as permitted by the provisions of this Section of the By-Law. Exclusive jurisdiction to issue Earth Removal Permits shall be w/th the Board except for permitz allowed in Paragraphs 5.5 and 5.6. 3) The Board or the Building Inspector shall have the authority to issue an Operating Hours Extension Permit, as defined in Subsection 5.2 (~), 4) The Building Inspector shall have the authority to enforce all condi- tions of any permit issued under this Section of the Zoning By-Law. §) All earth removal opera~ions in existence in North Andover on tha effective date of this Section shall be subject to the r~quirements stated herein. However, all Earth Removal Permits issued prior to the effective date of this Section, shall remain in effect until their expira- tion date. At such time, said operation shall be subject to the provi- sions of this Section, unless otherwise allow~l by the Board, for a period not to exceed six (6) month~. 6) An annual fee of One Hundred ($100.00) dollars shall be cequlred for Earth Removal Permitz. Miscellaneous Earth Removal Permitz shall require an annual fee of Twangy-five ($25.00) dollars. Honorable Francis X. Bellotti. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE Be ARTICLE 30. (Con't.) 7) TOWN BUILDING North Andover, Ma~a. 01B45 May 14, 1975 Violation of this Section of the Zoning By-Law, notwithstanding the provisions of Section 9.13, imposes a penalty of Fifty ($50.00) dollars for the first offense. One Hundred ($100.00) dollars for the second offense, and Two Hundred ($200.00) dollars for each subsequent offense. Each day of operation in violation of this section will be considered a separate offense. 8) Any sanitary land f'di operated by the Town of North Andover shall be exempt from the provisions of this saetion. 5.2 DEFHqITIONS: 1) Applicant: The owner, or prospective owner by reason of a purchase and sales agreement, of the land shown by the plan submitted with the Earth Removal Permit Application. 2) Earth Materials: "Earth Materials" shall include soil, loam, sand, gravel, clay, peat, rock or 9ther allied products. 3) Earth Removal Operations: The stripping excavation or removal of any earth material from any site, within the Town of North Andover. 4) Operating Hours Extension Permit: A permit issued by the Board or the Building Inspector for an extension of the time of operation for trucking from the site until 9:00 P.M. 5) Board: Zoning Board of Appeals 5.3 APPLICATION FOR EARTH REMOVAL PERMIT 1) All applicants for Earth Removal Permits must submit seven (7) copies of the following information concerning the proposed site of the remOVal operation to the Board thirty (30) days prior to sub- mission of an application for an Earth Removal Permit. The Board shall distribute the information to the Planning Board, Building In- spector, Conservation Commission, Board of Health, Highway Depart- ment, and Police Departmentt so that recommendations from these Departments may be submittpd for the required public hearing. 2) A plan or plans to scale, (1" = 40') prepared and stamped by a registered land surveyor and/or a registered engineer, showing the property lines of the parcel of land under c~nsideration along with all abutters to the property, existing and final contours in five (5) foot elevation increments, existing and proposed structures, existing and proposed final drainage of the ~ite including all culverts, streams, ponds, swamps, and siltation basins, means of entTance and egress from the property, locus map, and any other pertinent data deemed necessary by the Board. 3) A plan. study or report showing the proposed ultimate use of the land conforming with the existing Zoning By-Law. Proper planning for future land use shall be a prime consideration affecting the issuance of an Earth Removal Permit. 4) A complete list of the names and addresses of current abutters of the property where such removal is proposed. 5) An operating schedule showing the active area (not to exceed five (5) acres) where the earth remOval will begin and also how the total parcel will be developed in pr~t,~"essive five (5) acre increments. TOWN OF NORTH ANDOVER JoHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE Honorable Francis X. Bellotti. TOWN BUILDING North Andover, Me#. 01845 Hay lb, 1975 5.4 PERMITS FOR EARTH REMOVAL · 1) The Board may issue Earth Removal Permits for any zoning district, complete with conditions imposed, for areas not to exceed forty (40) acres. All permits shall conform to the minimum rest0mtion and op- crating standards contained bemin and such other conditions as the Board may deem necessary. Said permit shall allow the working of only five (5) acres at any one time. Upon completion of the earth removal operation on a five (5) acre parcel, or a part thereof, and substantial restoration of said parcel as determined by the Board, according to the restoration standards and the permit conditions, ap- plication may then be made to the Board for a permit renewal. Such permit renewal shall allow the removal of earth on another five (5) acres section, as shown by the operating schedule submitted with the permit application. ~I'~is procedure shall be followed until the opera- tion is completed. 2) The permit shall be considered a non*transferrable revocable permit to remove earth materials. If it is found that incorrect information was submitted in the application, or that conditions of the permit are being violated, or that the governing regulations are not being fol* lowed, the permit shall be suspended until all provisions have been met and the premises made to conform. Failure of the permit holder to comply within the time specified by the Board for correction of violations shall cause the permit to be revoked, forfeiture of the secur- ity to the '"own, and the imposition of all fines as set forth in Para- graph 5.1 The Board shall discuss and review the permit periodically, and at a minimum, annually. Written progress reports showing conformance with regulations and permit conditions abell be submitted to the Board by the Building Inspector or hls designated agent every three (3) months. 4) An Earth Removal Permit shall not be in effect until the applicant has filed the proper security as required in Paragraph 5.9, paid the re- quired fees as requi~ed by Paragraph 5.1 (6), and recorded the special permit at the Registry of Deeds. · 5) Mechanical crushing and screening may be pbrmitted by the Board after a public hearing with due notice given. 5.5 EARTH REMOVAL INCIDENTAL TO DEVELOPMENT AND CONSTRUCTION 1) This regulation shall be deemed not to prohibit the removal of such sod, loam, soil, clay, sand, gravel or stone as may be required to be excevated for the purpose of constructing ways in accordance with lines and grades approved by the Board or a definitive plan, approved by the Planning Board, or for the purpose of constructing under- ground utilities. 2) Where soil is to be removed in connection with the preparation of a specific site for building, removal may take place only after the issuance of a building permit by the Building Inspector. Removal will be allowed only from the area for the buildings, driveways, parking areas, and from areas where removal is specifically required by the Board of Health in connection with disposal system~. Where special circumstances exist requiring general regrading, removal of peat. etc., the builder may file a plan and request for an additional ~oil removal permit with the Building Inspector as provided in Paragraph 5.6 be- Iow. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M,C. ELECTION DEPARTMENT JUSTICE OF THE PEACE Honorable Francis X. Bellotti: he TOWN BUILDING North Andover, Mm. 01845 May 14, 1975 5.6 MISCELLANEOUS REMOVAL OF EARTH INCIDENTAL TO IMPROVEMENTS. Removal of miscellaneous amounts of Earth is permitted provided the removal is necessary for the improvement of the property from which removal takes place and provided the removal is in accord with the expressed intent and purpose of the provisions of this By-Law. Re- moral of aggregate quantities of less than fifty (50) cubic yards from any one general site requires no formal permit. Where the removal of soil in quantities in excess of fifty (50) cubic yards but less than one thousand (1,000) cubic ~yards is desired, application must be made to the Building Inspector for a Miscellaneous Soil Removal Permit. Where special circumstances exist which require the removal of soil in excess of one thousand (1,000) cubic yards, but for which a general permit under paragraph 5.4 is not appropriate, a permit for a larger amount up to five (5,000) cubic yards may be issued provided that it additionally has the approval of and bears the signature of the Board. Said action does not require a public hearing. The permit shall indi- cate the approximate quantity of soil to be removed, the purpose of removal, and the location of the site of removal. The permit shall also specify that upon completion of excavation, exposed subsoil shall be graded and covered with loam to a minimum depth of six (6) inches and that the removal is to be controlled by the appropriate sections of Paragraph 5.7 (Operating Standards). Except where the removal under this Paragraph is done in connection with the formation or enlarge- ment of a pond, excavation shall not be permitted below the mean grade of the street or road serving the property. The excavation of flow of a water course or to cause surface water to gather as a sump or swale; Pits for burying large rocks and stumps shall immediately be back-filled for safety reasons~ Failure to meet the requirements of this Paragraph shall be deemed a violation of the Zoning By-Law. 5.7 OPERATION STANDARDS Time of Operation (a) Excavation and site maintenance may be carried on from 6:30 A.M. until 7:30 P.M., Monday through Saturday. (b) Trucking from the site may be carried on from 7:00 A.M. through 6:00 P.M., Monday through Sat/n~iay. (e) An Operating Hours Extension Permit fori: trucking until 9:00 P.M. for no more than three (3) consecutive days may be granted by the Building Inspector after reviewing .conditions of the appli- cation. Said application shall show reason for extension of time, distance of hauling, and approximate cubic yardage to be hauled. Preparation Only the active area described in the permit application may be made ready for earth removal. (b) No standing trees are to be bulldozed over, or slashed and bull- dozed into piles. All trees must be cut down. All wood and brush must be piled for removal or chipping. Wood chips may remain on the site. No trees are to be buried on the site. (c) Stump~ shall be buried in predesignated area as shown on applica- tion plan~ (d) Any change in stump burial must be submitted to the Board for approval. Topsoil Storage (a) All topsoil removed from the active removal area shall be piled for future site restoration. · (b) No topsoil shall be ramoved from the site until all areas have bean restored and permission has haen granted by the Board. Site (a) ~) TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE Honorable Francis X. Bellotti. e TOWN BUILDING North Andnver, Me~. 01845 May 14, 1975 4) (a) Erosion Control Prior to any excavation or earth removal, adequate siltation basins, shall be constructed to prevent the runoff of silted water from the site, (b) All exc~vetion shall be done so as to create contours to channel runoff waters into the siltation basins. (c) No siltation basin shall exceed seven (7} feet in depth. (d) Siltation basins must be cleaned when sediment deposits are with- in eighteen (18) inches of the outfall invert. 5) Dust Control (a) No earth removal operation shall create excessive amounts of dust or allow roads leading into or from a site to become excessively dust producing. . (b) Proper dust control methods shall be approved by the Building Inspector. 6) Excavation Near Brooks (a) No excavation shall be made which will alter the natural way or existing elevation of a brook, stream or river. (b) All banks of brooks, streams, and rivers shall be reconstructed to be aesthetically attractive and of sufficient height to prevent abutting properties from flooding. (c) Said bank height shall be computed for a fifty (50) year storm for all brooks, streams, and rivers up to eight (8) feet in width and two (2) feet in depth; and for a one hundred (100) year storm from all brooks, streams and rivers which exceed this size. 7) Site Screening (a) An ~mmediate program of site screening shall start when site preF- aration begins. (b) All entrances shall be screened with'existing vegetation, ever- greens, or other suitable natural methods, so as to prevent a direct view into the earth removal area. (e) All areas within fifty (50} feet of a traveled way or abutting property lines shall be reforested immediately upon completion of the earth removal operation of that area. Said reforestation shall be done in accordance with the North Andover Tree Department. A minimum of One Hundred Fifty (150) trees per acre shall be used for this reforestation. Areas which are to be used for agricultural purposes after earth removal operations are completed may be reforested in the fol- lowing manner: Trees shall be planted twenty-five (25) feet deep from the road or property llne, The remaining area shall immediately be planted with gras~ or other suitable agricultural planting material. Honorable Francis X. Bellotti. TOWN OF NORTH ANDOVER .JOHN .1. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT .~us'rfcs OF T~E FEACE e 8) Access Roads TOWN BUILDING North Andover, Mese. 01845 May 14, 1975 (c) (a) All access roads shall be level with intersecting streets for a dis- tance of sixty (60 feet.) (b) A STOP sign shall be installed so as to warn any vehicle entering onto a Town Street. (c) All access roads shall be equipped with a suitable locking gate to prevent unauthorized entry. 9) Site Maintenance (a) No open face excavation shall exceed twenty-five (25) feet in height. (b) No excavation shall be closer than fifteen (15) feet to a property line, No slope ahall exceed a two (2) foot horizontal to e one (1) foot vertical (2:1) grade. 10) Temporary Buildings (a) Ail temporary structures shall be specified in the special permit application and shown on the plan. (b) Any structure erected on the premises for use by personnel or storage of equipment shall be located at least forty (40) feet from any existing roadway and at least thirty (30) feet from any lot (c) Any temporary structure will be removed no later than ninety (90) days after the expiration date of the permit. 11) Mechanical Crushing and Screening ' (a) All crushing and screening permits shall be granted for a period not to exceed six (6) months. (b) Said permits shall be gran.,ted as a cleanup procedure only. (c) Washing of precessed material will not I~ allowed. (d) Operation of crushing or screening equ¥.ment shall be from 7:30 A.M. until B:00 P.M., Monday through Friday. (e) Ail crushing and screenlo~ equipment'shall be equipped with suit- able dust and noise control device~ 5.8 Restoration Standards 1) All restoration must be completed within sixty (60) days after the termination of an earth removal permit or by the first of June if tbe permit terminates between December first through March thirty-firzt. No slope shall be left with a grade steeper than a two (2) foot horizon- ts1 to a one (1) foot vertical (2:1). All siltation basins shall be filled with earth, and a natural drainage pattern must be re-established. No area upon the site which will lect water shall remain unles~ approval is granted by the Board or unless the area wes shown on the original application plans. All topsoil which was on the site prior to earth removal operations shall be replaced to a minimum depth of six (6) inches on ali dis- turbed areas. Sites that had less than six (6} inches of topsoil shall be restored with a minimum of four (4) inches over the entire area. Seeding - The entire area shall be seeded with grass or legume which contains at least sixty (60) percent perennials. The planted area shall be protected from erosion during the establishment period usio~ good conservation practices, Areas which washout ar~ to be repaired 2) 3) 4) 5) TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C,M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE Honorable F~ancis X. Bellotti. 7, 6) TOWN BUILDING North Andaver, Ma~. 01845 May 14, 1975 Reforestation - All areas which are disturbed in the earth removal operation shall be reforested with fifty (50) percent coniferous and fifty (50) percent deciduous trees planted at the rate of one hundred fifty (150) trees per acre. Ail trees used are to be a minimum of two (2) year transplants. Said planting shall he in accordance with the recommendations of the North Andover Tree Department. Areas which are to be used for agricultural purposes after earth removal operations are completed may be reforested in the following manner; (a) Trees shall be planted twenty-five (25) feat deep from a public road or property line~ 7) 1) 2), Under the aforesaid Article 30, ARTICLE 48. (AS FOLLOWS) (b) The remaining area shall immediately be planted with grass or other suitable agricultural planting material. Permits issued by the Building Inspector for soil removal incidental to construction or for special purposes are exempt from reforestation paragraph. Within ninety (90) days of completion of operations, all equiPment, accessory buildings, structures, and unsightly evidence of operation shall be removed from the premises. 5.9 Security Requirement There must be filed with the Town Treasurer, a continuous bond or deposit of money in the minimum amount of One Thousand (1,000.00) dollars per acre to be excavated, and shall be of a sufficient amount to cover ten (10) acres, or the total parcel, whichever is smaller, as determined by and satisfactory to the Board. After completion of the total project, and at the applicant's written request, the Board may grant a partial release of any security posted by the applicant. One (1) year after such a partial release is grsnted and if in the opinion of the Board, no damage or deterioration to the finished project has developed, the Board will issue a final release of the security. If, during the year following the date of a partial release, slumping, gullying, erosion or any other unsatisfactory condition appears, the applicant shall be responsible for, and shall make any necessary repairs, before final release of security is granted. The bonding agent shall be requ~re~i to give the Board of Appeals, by Registered or Certified Mail. a sixty (60) day 9otice prior to any ter- ruination or cancellation of the Bond, it was VOTED unanimously to ADOPT ARTICLE 48. To see if the Town will vote to amend its Zoning By-Law in the following respects: 1) By adding to Section 3.1 the designation "Industrial 3 District" 2) By re-numbering Section 4.131 as "4.132", and by adding a new Section 4.131 reading as follows: 4.131 Industrial 3 District 1) Public Buildings 2) Public Garages and Accessory Buildings 3) Public Service Corporations 4) Public Sani~ry Disposal Site 5) Public Storage of Equipment 6) All Uses Permitted in the Industrial 1 District By adding to Table 2 (which follows Section 6 of the By-Law)a new 3) column designated as "Ind. 3", and two footnotes thereto, all as follows: the article. /' JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE Honorable Francis X. Bellotti. ~RTI CLE ~8. ( Con ' t ) Lot Area: 435,600 sq. ft. (10 acres) Height Maximum: 55 ft. Street Frontage: 150 ft. Front Setback: 100 ft.]0 Side Setback: 200 ft. 10 Rear Setback: 200 ft. 10 Floor Area B~tio: 0.50:1 Lot Coverage: 35%11 Dwelling Unit Density: N/A Footnote references for above: TOWN OF NORTH ANDOVER Be TOWN BUILDING North Andevm', Mall. 01845 Nay ll~, 1975. 10 Where a public sanitary disposal site is the primary use, the setback area shall be used to provide a screening, natural or artificial, from adjacent residential use or public roadway. 11 Where a public sanitary disposal site is the primary use an increase up to 100% of the lot coverage shall apply, not including the satback areas. Petition of the Planning Board Under the aforesaid ~.rticle h8 it was' VOTED unanimously to ADOPT the Article. ARTICLE /tg. (AS FOLLOWS) ARTICLE 49. To see if the Town will vote to amend its Zoning By-Law by changing the Zoning Map of the Town to include the parcel of land hereinafter described within the Industrial 3 District: ~ Beginning at the southwesterly corner thereof at a point located on the northerly side of the Missile Site Road, so-called, 460 feet more or less easterly from the northeastern intersection of said Missile Site Road and the Salem Turnpike (Route 114); thence turning and running easterly along the northerly side of the Missile Site Road, 1950 feet more or less, to a stone wall at land now or formerly owned by said Commonwealth of Massachusetts along a stone wall, 375 feet more or less, to a point; thence turning and running northeasterly and northerly in several courses by laud of said Commonwealth of Massachusetts. along a stone wall, 365 feet more or less, to a comer stone wall; thence turning and running westerly and northesterly in several courses along a stone wall b~Aand now or formerly Commonwealth of Massachusetts, 2800 feet more or less, to an inter- section of a stone wall at land now or formerly owned by Jean P. ProuLx; thence turning and running westerly along a stone wall by land now or formerly owned by Jean P. Proulx, 900 feet more or .less, to an inter- section of stone wall at land now br formerly owned by the Worcester County National Bank; thence turning and running southwesterly by land of said Worcester County National Bank, 170 feet more or less, to a corner of stone wall at land now or formerly owned by the Wasil Realty Trust; thence turning and running southerly and southwesterly in several courses along a stone wall by land of said Wasil Realty Trust, 680 feet more or leas, to an intersection of a stone wall at land now or formerly owned by 'Edward H. and Ruth M. Broughton; thance turning and running southeast- erly along a stone wall by land now or formerly owned by said Bruughton along a stone wall, 495 feet to a corner of a stone wall at land nor or formerly owned by Constantine Papanechall; thence turning and running southeasterly by land now or formerly owned by said Papanechail, Edward Jr. and Miriam Pinaud, James J. and Judith A. Pelrlne, Harry W, and Gertrude F. Lear, John Rabchinuk, and Edward M. and Shirley A. Knowl- ton along a stone wall, 1275 feet or less, to the point of hnginntng. Petition of the Planning Board Under the aforesaid Article ~9 it was VOTED unanimously to ADOPT the article. TO VN OF: NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION OEPARTMENT JUSTICE OF THE PEACE TOWN BUILDING North Andover, Mm. 01845 Honorable Francis X. Bellotti. 9. May 14, 1975 All requirements of the law regarding ~trticles 28, 29, 30, 48 and 49 have been complied with. The Meeting opened at 1:30 P.M., and adjourned at 6:00 P.M., with Town Moderator Donald F. Smith, Esquire Presiding. Five hundred and sixty-eight (568) duly registered voters were present and checked by the Board of Registrars. A true copy: ATTEST: ~~ ~ July 7, 1975 Boston, Massachusetts The foregoing amendments to general by-laws adopted under Articles ll and 80 and the amendments to zoning by-laws adopted under Articles 29, 30, 48, and'49 of the warrant are hereby approved. No action was taken on Articles 12, 81, and 28 for these are not amendments to the by-~laws b~l;,are only votes of the town meeting, TOWN OF NORTH ANDOVER JOHN J. LYONS, Town ClErk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE TOWN BUILDING Nm'th Andovar, Ma~t. 01845 May 22, 1975 Honorable Francis X. Bellotti. Attorney General of The Commonwealth. State House Boston, Mass. Dear ~[r. Bellotti: The following member of the North Andover Planning Board are all duly elected and have been sworn to said office. true copy: William Chepulis, Jr. Fritz Ostherr. William N. Salemme. John J. Monteiro Paul R, Lamprey. ATTEST: ·~ ~PLA~ING Chairman. Vice Chairman. Clerk BOA;~). ~u~ust 9, RegardJng ~ letter to you of July 30s m>.d ye'Ar ]xtter to ~,e August 4. Cop~ of Ax%icle as it appeared 5n -Lhe F'.:~-.~,~ ~ is as are :.o::~':,~d~ eJ.<~ated and c,.;..s~,:~at~d 8o as i:o .... f ~:all ~ i4ig iS not ~Jabedu]ed <~til Lhe last Saturday of April ?f 7~mr effics giv~-n to me over the pa:~t C~!':'hy (30) y~ars and : :k~ FRANCIS X. BELLOTTI AT~ORN EY GENERAL. THE COMMONWEALTH OF MA$$ACHU~[_E~S DEPARTMENT OF THE ATTORNEY GENERAL STATE HOUBE · BOSTON 02133 duly 7, 1975 Mr. John J. Lyons Town Clerk C.M.C. Town Building North Andover, Massachusetts 01845 Dear Mr. Lyons: Please find enclosed the amendments to the by-laws adopted under Articles ll, 80, 29, 30, 48, and 49 of the warrant for the 1975 Annual Town Meeti. ng with the approval of the Attorney General endorsed thereon. No action was taken on Articles 12, 81, and 28 for these are not amendments to the by-laws but are only votes of the town meeting. Very truly yours, Steven A.T,:Rusconi Assistant~Attorney General SAR/alg Enclosures TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE Honorable Francis X. Bellotti, Attorney General of The Commonwealth State House Boston, Mass. TOWN BUILDING North Andovor, Ma#. 01845 May lb, 1975 Dear F'~'. Bellotti: At our Annual Town Meeting held in the Veteran's Auditorium of our North Andover }~ddle School on Saturday April 26, 1975 at 1:30 P.M., the following General By-Law ~rticle ~peared in the Warrant and ARTICLE 11. To see if the town will General By-Laws by striking out the the following sentence: A majority was voted is herewith s~mitted for your approval. vote to amend Section l0 of Article IV of its first sentence thereof aud inserting in its place of a committee consisting of one of the Selectmen, the Town Clerk, the Town Treasurer, the Moderator, one of the Assessors, a member of the Board of Public Works, a member of the School Committee, a member of the Board of Health, and a member of the Planning Board shall annually in June appoint and, subject to sppropriation therefor, fix the compensation of an attorney at law who shall be a resident of the Town and a member in good standing of the Bar of the Commonwealth, to serve as Town Counsel for the term of one year from the first day of July next following, and until his successor shall have been duly appointed and qualified. Petition of Selectmen. Under the aforesaid ~Article ll., it was VOTED to amend Section 10, of Article IV of the General By*laws by Striking out the first sentence thereof and inserting in its place the following sentence: A majority of a committee consisting of the Town Clerk, the Tow~n Treasurer, the Moderator, the }lighway Surveyor and after a vote of each of the following Boards or Committees the Chairman of the Board of Selectmen, the Chairman of the Board of Assessors, he Chairman of the Board of Public Works, the School Committee Chairman, the Board of Health Chairman and the Chairman of the Planning Board shall annually in June sppoint and, subject to appropriation therefor, fix the compensation of an attorney-at-law who shall be a resident of the~Town and a member in good standing of the Bar of the Commonwealth, to serve as Town Counsel for the term of one year from the first day of July next following, and until his successor shall have been duly appointed and qualified. ARTICLE 12. To see if the Town will vote, under Section 1, Chapter 41 of the General Laws, to authorize its Treasurer hereafter to act as its Collector of Taxes. Petition of the Selectmen. Under the aforesaid Article 12, it was VOmiteD TO ADOPT the Article to take effect on the first Monday in March 1976. ARTICLE 80. To see if the Town will vote to amend Section 11 of Article IV of its General By-Laws ~y striking out the Word "March" and inserting in place thereof the word "June". Under the aforesaid article it was VOT~-D TO ADOPT the article. ARTICLE 81. To see if the Town will vote that at the Annual Town Election to be held in the year 1976, and tri-~nnuallythereafter, the Moderator shall be elected for a term of three years. Under the aforeaaide Article 81. it was VOTED TO~DOPT THE ARTICLE. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE TOWN BUILDING North Andover, Mm. 01845 Honorable Francis X. Bellotti: 2. May 14, 1975 General By-Laws Con't. All requirements of the Law regarding Articles 11, 12, 80 and 81 have been complied with. The Meeting opened at 1:30 P.M., and adjourned at 6:00 P.H., with Town Moderator Donald F. Smith, Esquire Presiding. Five hundred and sixty-eight (568) duly registered voters w ere presnet and checked by the Board of Registrars. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPAftTMENT JUSTICE OF THE PEACE May 14, 1975 Honorable Francis X. Bellotti. Attorney General Of The Commonwealth State House. Boston, Mass. TOWN BUILDING Nm'th Andover, Mm. 01845 Dear Mr. Bellotti: At our Annual Town MeetSng held in thp Veteran's Auditorium of our North Audover Middle School on Saturday April 26, 1975 at 1:30 P.M., the following Zoning By-Laws Articles appeared in the Warrant and was voted upon is herewith submitted for your approval. ARTICLE 28. To see if the Town will vote to amend its Zoning By-Law to regulate construction in flood hazard areas shown on maps entitled "Town of North Andoyer, Mass. (Essex Co.) FIA Flood Hazard BoundarY Maps" HOl-08 dated June 28, 1974 on file with the Town Clerk. Petition of the Planning Board. Under the aforesaid Article it as VOk~D UNANIMOUSLY to adopt the article. ARTICLE 29. To see if the Town will vote to amend Section 9.13 of the Zor~ing By-Law so as to read: '~rhoever violates any provisions of this By-Law, except as may .be otherwise specifically provided thereby, shall be punished by a fine not exceeding $20.00 for each offense. Each day that such violation continues shall constitute a separate offense.".! Petition of the Planning Board. Under the aforesaid article it was VOTED AFFIrmATIVE 222. NEGATIME 2. ARTICLE 30. (AS FOLIDWS) ARTICLE 30. To see if the Town will vote to amend its Zoning By-Law by striking therefrom Section 5, and inserting in place thereof the following new Section: .' ; ~, Section 5 5.1 GENERAL 7; 1~ 1) The stripping or removal of earth material from any parcel of land, public or private, in North Andovar is prohibited except as permitted by the provisions of this Section of the By-Law. 2) Exclusive jurisdiction to issue Earth Removal Permits shall be with the Board except for permits allowed in Paragraphs 5.5 and 5.6. 3) The Board or the Building Inspector shall have the authority to issue an Operating Hours Extension Permit, as defined in Subsection 5.2 (4). 4) The Building Inspector shall have the authority to enforce all condi- tions of any permit issued under this Section of the Zoning By-Law. 5) All earth removal operations in existence in North Andover on the effective date of this Section shall be subject to the requirements stated herein. However, all Earth Removal Permits issued prior to the effective date of this Section, shall remain in effect until their expire- tion date. At such time, said operation shall be subject to the provi- sions of this Section, unless otherwise allowed by the Board, for a period not to exceed six (6) months. 6) An annual fee of One Hundred ($100.00) dollars shall be required for Earth Removal Permits. Miscellaneous Earth Removal Permits shall require an annual fee of Twenty-five ($25.00) dollars. Honorable Mrancis X. Bellotti. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE ARTICLE 30. (con't.) TOWN BUILDING North Andovar, Ma~. 01845 May 14, 1975 Violation of this Section of the Zoning By-Law, notwithstanding the provisions of Section 9.13, imposes a penalty of Fifty ($50.00) dollars for the first offense. One Hundred ($100.00) dollars for the second offense, and Two Hundred ($200.00) dollars for each subsequent offense. Each day of operation in violation of this section will be considered a separate offense. $) Any sanitary land fill operated by the Town of North Andover shall be exempt from the i~'ovieions of this saction. 5.2 DEFIlqlTIONS: 1) Applicant: The owner, or prospective owner by mason of a purchase and sales agreement, of the land shown by the plan submitted with the Earth Removal Permit Application. 2) Earth Materials: "Earth Materials" shall include soil, loam, sand, gravel, clay, peat, rock or.other allied products. 3) Earth Removal Operations: The stripping excavation or removal of any earth material from any site, within the Town of North Andover. 4) Operating Hours Extension Permit: A permit issued by the Board or the Building Inspector for an extension of the time of operation for trucking from the site until 9:00 P.M. 5) Board: Zoning Board of Appeals 5,3 APPLICATION FOR EARTH REMOVAL PERMIT 1) All applicants for Earth Removal' Permits must submit seven (7) copies of the following information concerning the proposed site of the removal operation to the Board thirty (30) days prior to sub- mission of an application for an Earth Removal Permit. The Board shall distribute the information to the Planning Board, Building In- spector, Conservation Commission, Board of Health, Highway Depart- ment~ and Police Department, so that recommendations from these Departments may be submitl~ed for the required public hearing. 2) A plan or plans to scale, (l" = 40') p~pered and stamped by a registered land surveyor and[or a registered engineer, showing the property lines of the parcel of land under c0hsidereti°n along with all abutters to the property, existing and final contours in five (5) foot elevaUon increments, existing and proposed structures, existing and proposed final drainage of the site including all culverts, streams, ponds, swamps, and siltation basins, means of entrance and egress from the proPerty, locus map, and any other pertinent data deemed necessary by the Board. 3) A plan, study or report showing the proposed ultimate use of the land conforming with the existing Zoning By-Law. Proper planning for future land use shall be a prime consideration affecting the issuance of an Earth Removal PermiL 4) A complete list of the names and addresses of current abutters of the property where such removal is proposed. 5) An operating schedule showing the active area (not to exceed five (5) acres) where the earth removal will begin and also how the total parcel will be developed in l~'ogressive five (5) sere lnerements. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE Honorable Francis X. Bellott±. a TOWN BUILDING North Andover, M.S, 01845 llay 14, 1975 5.4 PERMITS FOR EARTH REMOVAL · 1) The Board may issue Earth Removal Permits for any zoning district, complete with conditions imposed, for areas not to exceed forty (40) acres. All permits shall conform to the minimum restoration and op- erating standards contained herein and such other conditions as the Board may deem necessary. Said permit shell allow the working of only five (5) acres at any one time. Upon completion of the earth removal operation on a five (5) acre parcel, or a part thereof, and substantial restoration of said parcel as determined by the Board, according to the restoration standards and the permit conditions, ap- plication may then be made to the Board for a permit renewal. Such permit renewal shall allow the removal of earth on another five (5) acres section, es shown by the operating schedule submitted with the permit application. This procedure shall be followed until the opera- tion is completed. 2) The permit shall be considered a non-transferrable revocable permit to remove earth materials. If it is found that incorrect information was submitted in the application, or that conditions of the permit are being violated, or that the governing regulations am not being fol- lowed, the permit shall' be suspended until all provisions have been met and the premises made to conform· Failure of the permit holder to comply within the time specified by the Board for correction of violations shall cause the permit to be revoked, forfeiture of the secur- ity to the ""own, and the imposition of all fines as set forth in Para- graph 5.1 (7). The Board shall discuss and review the permit periodically, and at a minimum, annually. Written progress 'reports showing conformance with regulations and permit conditions shall be submitted to the Board by the Building Inspector or his designated agent every three (3) months. 4) An Earth Removal Permit shall not be in effect until the applicant has filed the proper security as required in Paragraph 5.9, paid the re- quired fees as required by Paragraph 5.1 (6), and recorded the special permit at the Registry of Deeds. · 5) Mechanical crushing and screening may be l§armitted by the Board after a public hearing with due notice given. 5.5 EARTH REMOVAL INCIDENTAL TO DEVELOPMENT AND CONSTRUCTION 1) This regulation shall be deemed not to prohibit the removal of such sod, loam, soil, clay, sand, gravel or stone as may he required to he excavated for the purpose of constructing ways in accordance with lines and grades approved by the Board or a definitive plan, approved by the Planning Board, or for the purpose of constructing under- g¥ound utilities. 2) Where soil is to be removed in connection with the preparation of a specific site for building, removal may take place only after the issuance of a building permit by the Building Inspector. Removal will be allowed only from the area for the buildings, driveways, parking areas, and from areas where removal is specifically required by the Board of Health in connection with disposal systems. Where special circumstances exist requiring general mgrading, removal of peat, etc., the builder may file a plan and request for an additional soil removal permit with the Building Inspector as provided in Paragraph 5.6 be- low. Honorable Francis X. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT TOWN BUILDING JUSTICE OF THE PEACE Nort'n Andovar, MelI. 01846 Bellotti: 4. May 14, 1975 5i6MISCELLANEOUS REMOVAL OF EARTH INCIDENTAL TO IMPROVEMENTS. Removal of miscellaneous amounts of Earth is permitted provided the removal is necessary for the improvement of the property from which removal takes place and provided the removal is in accord with the expressed intent and purpose of the provisions of this By-Law. Re- moval of aggregate quantities of less than fifty (50) cubic yards from any one general site requires no formal permit. Where the removal of soil in quantities in excess of fifty (50) cubic yards but less than one thousand (1,000) cubic ,yards is desired, application must be made to the Building Inspector for a Miscellaneous Soil Removal Permit. Where special circumstances exist which require the removal of soil in excess of one thousand (1,000) cubic yards, but for which a general permit under paragraph 5.4 is not appropriate, a permit for a larger amount up to five (5,000) cubic yards may be issued provided that it additionally has the approval of and bears the signature of the Board. Said action does not require a public hearing. The permit shall indi- cate the approximate quantity of soil to be removed, the purpose of removal, and the location of the site of removal. The pc,mit shall also specify that upon completion of excavation, exposed subsoil shall be graded and covered with loam to a minimum depth of six (6) inches and that the removal is to be controlled by the appropriate sections of Paragraph 5.7 (Operating Standards). Except where the removal under this Paragraph is done in connection with the formation or enlarge- merit of a pond, excavation shall not be permitted below the mean grade of the street or road serving the property. The excavation of flow of a water course or to cause surface water to gather as a sump or swale; Pits for burying large rocks and stumps shall immediately be back-filled for safety reason~ Failure to meet the requirements of this Paragraph shall be deemed a violation of the Zoning By-Law. 5.7 OPERATION STANDARDS 1) Time of Operation (a)Excavation and site maintenance may be carried on from 6:$0 A.M. until 7:30 P.M., Monday through Saturday. (b)Trucking from the site may be carried on from 7:00 A.M. through 6:00 P.M., Monday through Sat/~x~lay. (c) An Operating Hours Extension Permit for~trucking until 9:00 P.M. for no more than three (3) consecutive days may be granted by the Building Inspector after reviewing COnditions of the appli- cation. Said application shall show reason for extension of time, distance of hauling, and approximate cubic yardage to be hauled. 2) Site Preparation (a)Only the active area described in the permit application may he made ready for earth removal. (b) No standing trees are to be bulldozed over, or slashed and hull- dozed into piles. All trees must be cut down. All wood and brush must be piled for removal or chipping. Wood chips may remain on the site. No trees are to be buried on the site. (c)Stumps shall be buried in predesignated area as shown on applica- tion plank (d)Any change in stump burial must be submitted to the Board for approval. 3) Topsoil Storage (a)All topsoil removed from the active removal area shall be piled for future site restoration. (b)No topsoil shall be removed from the site until all areas hoe been restored and permission has been granted by the Board. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE Honorable Francis X. Bellotti. TOWN BUILDING North Andover, Mm. 01845 May Ih, 1975 4) Erosion Control (a) Prior to any excavation or earth removal, adequate s/ltati~n basins, shall he constructed to prevent the runoff of silted water from the site. (b) All excavation shall be done so as to create contours to channel runoff waters into the siltation basin& (c) No siltation b~asin shall exceed seven (7) feet in depth. (d) Siltation basins must he cleaned when sediment deposits are with- in eighteen (18) inches of the outfali invert. 5) Dust Control (a) No earth removal operation shall Cveate excessive amounts of dust or allow roads leading into or from a site to become excessively dust producing. (b) Proper dust control methods shall he approved by the Building Inspector. 6) Excavation Near Brooks 7) (a) No excavation shall be made which will alter the natural Way or existing elevation of a brook, stream or river. (b) All banks of brooks, streams, and rivers shall be reconstructed to be aesthetically attractive and of sufficient height to prevent abutting properties from flooding. (c) Said bank height shall be computed for a fifty (50) year storm for all brooks, streams, and rivers up to eight (8) feet in width and two (2) feet in depth; and for a one hundred (100) year storm from all brooks, streams and rivers which exceed this size, /~ite Screening (a) An immediate progre~t of site screer}/ng shall start when site prep- aration begins. (b) All entrances shall he screened witi~existing vegetation, ever- greens, or other suitable natural methods, so as to prevent a direct view into the earth removal ares (c) All areas within fifty (50) feet of a traveled way or abutting property lines shall be reforested immediately upon completion of the earth removal operation of that area. Said reforestation shall be done in accordance with the North Andover Tree Department. A minimum of One Hundred Fifty (150) trees per acre shall he used for this reforestation. Areas which are to be used for agricultural purposes after earth removal operations are completed may be reforested in the fol- lowing menner: Trees shall be planted twenty-five (25) feet deep from the road or property line. The remaining area shah immediately be planted with grass or other suitable agricultural planting material. Honorable Francis Xo Betlotti. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE m 8) Access Roads TOWN BUILDING North Andover, Mass. 01846 Nay lb, 1975 (a) All access roads shall be level with intersecting streets for a dis- tance of sixty (60 feet.) (b) A STOP sign shall be installed so as to warn any vehicle entering onto a Town Street, (c) All access roads shall be equipped with a suitable locking gate to prevent unauthorized entry. 9) Site Maintenance (a) No open face excavation shall exceed twenty-five (25) feet in height. . (b) No excavation shall be closer than fifteen (15) feet to a property line. (c) No slope shall exceed a two (2) foot horizontal to a one (1)foot vertical (2:1) grade. 10) Temporary Buildings (a) All temporary structures shall be specified in the special permit application and shown on the plan. (b) Any structure erected on the premises for use by personnel or storage of equipment shall be located at least forty (40) feet from any existing roadway and at least thirty (30) feet from any lot line. (c) Any temporary structure will be removed no later than ninet7 (90) days after the expiration date of the permit. 11) Mechanical Crushing and Screening ' (a) All crushing and screening permits shall be granted for a period not to exceed six (6) months. (b) Said permits shall be gran?d as a cleanup procedure only. (c) Washing of precessed material will not'l~ allowed. (d) Operation of crushing or screening equilSment shall be from 7:30 A.M. until 5:00 P.M., Monday through Friday. (e) Ail crushing and screening equipment'shall be equipped with suit- able dust and noise control devices. 5.8 Restoration Standards 1) All restoration must be completed within sixty (60) days after the termination of an earth removal permit or by the first of June if the permit terminates between December first through March thirty-first. 2) No slope shall he left with a grade steeper than a two (2) foot horizon- tal to a one (1) foot vertical (2:1). 3) All siltation basins shall be filled with e~rth, and a natural drainage pattern must be re-established. No area upon the site which will col- lect water shall remain unless approval is granted by the Board or unless the area w~ shown on the original application plans. 4) All topsoil wkicb was on the site prior to earth removal operations shall be replaced to a minimum depth of six (6) inches on ali dis- turbed areas. Sites that had less than six (6) inches of topsoil shall be restored with a minimum of four (4) incbe~ over the entire area. 5) Seeding - The entire area shall be seeded with grass or legume which conta/ns at least sixty (60) percent perennials. The planted area shall be protected from erosion during the establishment period using good Con..~.r)~_,.t.ion practices, Area~ which washout are to b~ rep.aired lm,~ TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.~.C. ELECTION OEPARTUENT JUSTICE OF THE PEACE Honorable Francis X. Bellotti. o 6) TOWN BUILDING North AndoYer, Ma~. 01845 May 14, 1975 Reforestation - Ail areas which are disturbed in the earth removal operation shall be reforested with fifty (50) percent coniferous and fifty (50) percent deciduous trees planted at the rate of one hundred fifty (150) trees per acre. All trees used are to be a minimum of two (2) year transplant& Said planting shall be in accordance with the recommendations of the North Andover Tree Department.. Areas which are to be used for agricultural purposes after earth removal operations ars completed may be reforested in the following manner; (a) Trees shall be planted twenty-five (25) feet deep from a public road or property ]ine~ 7) 1) Under the aforesaid Article 30, ARTICLE 48. (AS FOLLOWS) (b) The remaining area shall immediately be planted with grass or other suitable agricultural planting material. Permits i~soed by the Building Inspector for soil removal incidental to construction or for special purposes are exempt from reforestation paragraph. Within ninety (90) days of completion of operations, al) equipment, accessory buildings, structures, and unsightly evidence of operation shall be removed from the premises. 5.9 Security Requirement There must be filed with the Town Treasurer, a continuouS bond or deposit of money in the minimum amount of One Thousand (1,000.00) dollars per acre to be excavated, and shall be of a sufficient amount to cover ten (10) acres, or the total parcel, whichever is smaller, as determined by and satisfactory to the Board. After completion of the total project, and at the applicant's written request, the Board may grant a partial release of any security posted by the applicant. One (1) year after such a partial release is granted and if in the opinion of the Board, no damage or deterioration to the finished project has developed, the Board will issue a final release of the security. If, during the year following the date of a partial release, slumping, gullying, erosion or any other unsatisfactory condition appears, the applicant shall be responsible for, and shall make any necessary repairs, before final release of security is granted. The bonding agent shall be requ~re'd to give the Board of Appeals, by Registered or Certified Mail. a sixty {60) day poticc prior to any ter- mination or cancellation of the Bond. it was VOTED unanimously to ADOPT the article. ARTICLE 48. To see if the Town will vote to amend its Zoning By-Law in the following respects: 1) By adding to Section 3.1 the designation *'Industrial 3 District" 2) By re-numbering Section 4.131 as "4.132", and by adding a new Section 4.131 reading as follows: 4.131 Industrial 3 District 1) Public Buildings 2) Public Garages and Accessory Buildings 3) Public Service Corporations 4) Public Sanitary Disposal Site 5) Public Storage of Equipment 6) Ail Uses Permitted in the Industrial 1 District 3) By adding to Table 2 (which follows Section 6 of the By-Law) a new enlumn designated as "Ind. 3", and two footnotes thereto, ali as follows: ~ JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE Honorable Francis X. Bellobti. ~RTICLE 48. (Con't) Lot Area: 435,600 sq. ft. (10 acres) Height Maximum: 55 ft. Street Frontage: 150 ft. Front Setback: 100 ft.10 Side Setback: 200 ft. 10 Rear Setback: 200 ft. 10 Floor Area Ratio: 0.50:1 Lot Coverage: 35%11 Dwelling Unit Density: N/A Footnote references for above: TOWN OF NORTH ANDOVER TOWN BUILDING North Andovar, Mm. 0184B May 14, 1975. 10Where a public sanitary dispasal site is the primary use, the setback area shall be used to provide a screening, natural or artificial, from sdjacent residential use or public roadway. i1 Where a public sanitary disposal site is the primary use an increase up to 100% of the lot coverage shall apply, not including the setback areas. Petition of the Planning Board Under the aforesaid Article 48 it was VOTED unanimously to ADOPT the Article. ARTICLE 49. (AS FOLLOWS) ARTICLE 49, To see if the Town will vote to amend its Zoning By-Law by changing the Zoning Map of the Town to include the parcel of land hereinafter described within the Industrial 3 District: : Beginning at the southwesterly corner thereof at a point located on the northerly side of the Miasile Site Road, so-called, 460 feet more or less easterly frnm the northeastern intersection of said Missile Site Road and the Salem Turnpike (Route 114); thence turning and running easterly along the northerly side of the Missile Site Road, 1950 feet more or leas, to a stone wall at land now or formerly owned by said Commonwealth of Massachusetts along a stone wall, 375 feet more or less, to a point; thence turning and running northeasterly and northerly in several courses by land of said Commonwealth of Masaachusetts. along a stone wall, 365 feet more or less, to a corner stone wall; thence turning and running westerly and northesterly in several courses along a stone wail b~'Aand now or formerly Commonwealth of Massachusetts, 2800 feet more or less, to an inter- section of a stone wall at land now or formerly owned by Jean P. Prouix; thence turning and running westerly along a stone w~ll by land now or formerly owned by Jean P. ProuLx, 900 feet more or less, to an inter- section of stone wall at land now br formerly owr~ed by the Worcester County National Bank; thence turning and running southwesterly by land of said Worcester County National Bank, 170 feet more or less, to a corner of stone wall at land now or formerly owned by the Wasil Realty Trust; thence turning and running southerly and southwesterly in several courses along a stone wall by land of said Wasil Realty Trust, 680 feet more or less, to an intersection of a stone wall at land now or formerly owned by Edward H. and Ruth M. Broughton; thence turning and running southeast- erly along a stone wall by land now or formerly owned by said Broughton along a stone wall, 495 feet to a corner of a stone wall at land nor or formerly owned by Constantine Papanechali; thence turning and running southeasterly by land now or formerly owned by said Papanechall, Edward Jr. and Miriam Pinaud, James J. and Judith A. Pelrine, Harry W. and Gertrude F. Lear, John Rabchinuk, and Edward M. and Shirley A. Knowl- ton along a stone wall, 1275 feet or less, to the point of beginning. Petition of the Planning Board Under the aforesaid Article 49 it was VOTED un~imously to ADOPT the article. TOWN OF NORTH ANDOVER JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE TOWN BUILDING North Andover, MaI~. 01845 Honorable Francis X. Bellotti. 9. May 14, 1975 All requirements of the 1~ regarding ~Lrticles 28, 29, 30, 48 and 49 have been comp2ied with. The Meeting' opened at 1:30 P.M., and adjourned at 6:00 P.M., with Town Moderator Donald F. Smith, Esquire Presiding. Five hundred and sixty-eight (568) duly registered voters were present and checked by the Board of Registrars. true copy: ATTEST: ~u]y 7, ]975 Boston, Massachusetts The foregoing amendments to general by-laws adopted under Articles ll and 80 and the amendments to zoning by-laws adopted under Articles 29, 30, 48, and 49 of the warrant are hereby approved. No action was taken on Articles 12, 81, and 28 for these are not amendments to the byJlaws bu~,are only votes of the town meeting. T~ FRANCIS X, BELLOTTI A~"~'OR NEY GENERAL THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF' THE: ATTORNE:Y GENERAl. 8'rATE HOUSE · BOSTON 0~1~ July 7, 1975 Mr. John J. Lyons Town Clerk C.M.C. Town Building North Andover, Massachusetts 01845 Dear Mr. Lyons: Please find enclosed the amendments to the by-laws adopted under Articles ll, 80, 29, 30, 48, and 49 of the warrant for the 1975 Annual Town Meeti?g with the approval of the Attorney General endorsed thereon. No action was taken on Articles 12, 81, and 28 for these are not amendments to the by-laws but are only votes of the town meeting. Very truly yours, Steven A.:;~Rusconi Assistant~Attorney General SAR/alg Enclosures TOWN OF NORTH ANDOV£R' JOHN J. LYONS, Town Clerk C.M.C. ELECTION DEPARTMENT JUSTICE OF THE PEACE TOWN BUILDING Nm'th Andovlr, Mill. 01846 May 22~ Honorable Prancis X. Bellotti: Attorney'General of The Commonwealth. State House Boston, Mass. Dear ~. Bellotti: I enclose herewith for your ~oproval, all necessary papers and amendments toour North Andover Zoning ByLaws Articles 28, 29, 30, 48 and 49, and also same for amendments to our General By-Laws Articles ll, 12, 80 and 81, resulting from our recent Annual Town Meetir~ of April 26 and 28, 1975. Enclosures· are as follows; ].. Statements of Meetings in duplicate. 2. Copy of Warrant with Officers return. 3. Certificates of vote in d~licateo 4. Statement of Planning Boards decision in duplicate. 5. Certificate of duly elected and qualified members of Planning Board in duplicate. 6. Copy of newspaper notice. Very sinderely yours, - * '" -.:::::.' :::L.. '.:::i ~ ~ ~'i ~ g ::{{:{:'.::{:{:~:':' .....:.::ii~:: ~, ~i'' ~~ Il I Ill I [ I I I I I DEPARTMENT OF HOUSING ANO URBAN D~ELOPMENT APPROXIMATE SCALE Fede~l Insurance Mminis~ion 500 0 1000 2000 3000 FEET " T~N OF NORTH ANDOVER~ ~A , ~ --~ " ' ~ ~ ' (ESSEX CO. ) FIA FLOOD H~ARD BOUNDARY MAP Effect~ No. H 06 dUNE 28, 197~. I I