HomeMy WebLinkAbout1994-05-02SCOTf HARSHBARGER
AI'FORNEY GENERAL
(617) 727.220~
September 16, 1994
Daniel Long
Town Clerk
Town Mall
120 Main St.
North Andover, MA 01845
Dear Mr. Long,
I regret that I must enclose the amendment to the zoning
by-laws adopted under article 22 of the warrant for the North
Andover Annual Town Meeting that convened on May 2, 1994, with
the disapproval of this Office endorsed thereon.
As written, the by-law states that all signs require
permits, except temporary signs that are otherwise provided
for. See §§ 6.4(2)~ 6.6(1) (I) (1). While there is an exception
for temporary signs "for a charitable or religious cause,"
there is no exception for temporary political signs. Just this
year in City.of Ladue v. Gilleo, 512 U.S. ., 114 S.Ct. 2038
(1994), the United States Supreme Court held that a city's
prohibition on residential political signs "violates the First
Amendment." Requiring a permit and a fee for political signs
is "unnecessarily burdensome" on the exercise of free speech, a
right guaranteed by the First Amendment. Baldwin v. Redwood
City, 540 F.2d 1360 (9th Cir. 1976). Accordingly, these
provisions of the by-law are unconstitutional.
Further, the by-law attempts to prohibit certain types of
signs: § 6.5(9) "No sign shall be erected, displayed, or
maintained if it contains any obscene or indecent matter."
Obscenity is not protected by the First Amendment's free speech
clause. Miller v. California, 413 U.S. 15, 23 (1973). Thus, a
by-law banning obscene signs would be constitutionally valid.
However, to be valid, the by-law must define "obscene" in order
to withstand a constitutional challenge for vagueness or over-
breath. There is no definition of "obscene" in the by-law.
Nor is there a definition of "indecent," assuming that indecent
signs are not constitutionally protected.
Daniel Long
Town Clerk
Town Hall
Page Two
September 16, 1994
Accordingly, article 22 is disapproved.
~onathan A. Abbott
Assistant Attorney General
617 727-2200, ext. 2096
JAA/ljy
Enclosures
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.ED 16,
COCHICHEWICK
CH
ZONING BY LAW
SUPPLEMENT NO. 9
DATE: 8\94
REVISIONS TO PERMANENT FII,E COPY OF
~ ZONING ACT
CI:IAFYER 40A, M.G.L.
This Supplement contains an amendment to the Zonln~ Act which was enacted by the
General Court during the 1994 le~slative session. Chapter 60, Sections 67, 69, 70 and
71 amended Section 6 and 9A of the Zoning Act by further def'ming adult uses and
requiring existing adult uses to obta/n a special.permlt within 90 days following the
adoption of a zoning ordinance or bylaw which regulates such uses. Thin amendment
took effect June 10, 1994.
Would you please notify your Planning Board, Zoning Board of Appeals and Zoning
Enforcement Officer of the changes and inform them that new copies of the Zoning act
are available to them upon written request to Donald Schmidt at the following address:
Executive Office of Communities and Development
100 Cambridge Street - Room 1803
Boston, MA 02202
REMOVE
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Executive Office of Communities and Development
Mary L. Padula, Cabinet Secretary
Commonwealth of Massachusetts
Executive Office of Communities and Development
THE
ZONING
ACT
7 - 94
Massachusetts General Laws
Chapter 40A
SECTION 6.
Pre-existing Non-conforming Uses, Structures
and Lots
Ex.~ption for Except as hereinafter provided, a zoning
Structure and Use ordinance or by-law shall not apply to
Lawfully Be~,n or in structures or uses lawfully in existence or
Existence lawfully begun, or to a building or special
permit issued before the first publication of
Exemption for notice of the public hearing on such
Building or Special ordinance or by-law required by section five,
Permit Issued Before but shall apply to any change or substantial
First Notice of extension of such use, to a building or
Public Hearing special permit issued after the first notice
of said public hearing, to any
reconstruction, extension or structural
change of such structure and to any
alteration of a structure begun after the
first notice of said public hearing to
provide for its use for a substantially
different purpose or for the same purpose in
a substantially different manner or.to a
substantially greater extent except where
alteration, reconstruction, extension or
Pre-existing Non- structural change to a single or two-family
conforming Structures residential structure does not increase the
or Uses may be nonconforming nature of said structure. Pre-
Extended, Cb~ed or existing non-conforming structures or uses
Altered After Find/rig may be extended or altered, provided, that no
by Gr--ting Authority such extension or alteration shall be
permitted unless there is a finding by the
permit granting authority or by the special
permit granting authority designated by
ordinance or by-law that such change,
extension or alteration shall not be
substantially more detrimental than the
existing nonconforming use to the
neighborhood. This section shall not apply
to billboards, signs and other advertising
devices subject to the provisions of sections
twenty-nine through thirty-three, inclusive,
of chapter ninety-three, and to chapter
ninety-three D or to adult bookstores, adult
motion picture theaters, adult paraphernalia
shops, or adult video stores subject to the
provisions of section nine A.
Ordinance or By-Law
Shall Provide that
Building or Special
Pe~i~ Shall Conform
if Not Co---enced
Within a Period of
A zoning ordinance or by-law shall provide
that construction or operations under a
building or special permit shall conform to
any subsequent amendment of the ordinance or
by-law unless the use or construction is
commenced within a period of not more than
Not More
~on~hs
Regulating of
Nonconforming Uses
After 2 Years
Single Lot Exemption
for Single ~nd T~'~-
Family Use
Common Lot Exemption
for Single and Two-
Family Use
Defin/tive PI~
Exemption
six months afuer the issuance of the permit
and in cases involving construction, unless
such construction is continued through to
completion as continuously and expeditiously
as is reasonable.
A zoning ordinance or by-law may define and
regulate non-conforming uses and structures
abandoned or not used for a period of two
years or more.
Any increase in area, frontage, width, yard,
or depth requirements of a z~ning ordinance
or by-law shall not apply to a lot for single
and two-family residential use which at the
time of recording or endorsement, whichever
occurs sooner.was not held in common
ownership with any adjoininq land, conformed
to then existing requirements and had less
than the proposed requirement but at least
five thousand square feet of area and fifty
feet of frontage. Any increase in area,
frontage, width, yard or depth requirement of
a zoning ordinance or by-law shall not apply
for a period of five years from its effective
date or for five years after January first,
nineteen hundred and seventy-six, whichever
is later, to a lot for single and two-family
residential use, provided the plan for such
lot was recorded or endorsed and such lot was
held in common ownership with any adjoining
land and conformed to the existing zoning
requirements as of January first, nineteen
hundred and seventy-six, and had less area,
frontage, width, yard or depth requirements
than the newly effective zoning requirements
but contained at least seven thousand five
hundred square feet of area and seventy-five
feet of frontage, and provided that said five
year period does not commence prior to
January first, nineteen hundred and seventy-
six, and provided further that the provisions
of this sentence shall not apply to more than
three of such adjoining lots held in common
ownership. The provisions of this paragraph
shall not be construed to prohibit a lot
being built upon, if at the time of the
building, building upon such lot is not
prohibited by the zoning ordinances or by-
laws in effect in a city or town.
If a definitive plan, or a preliminary plan
followed within seven months by a definitive
plan, is submitted to a planning board for
approval under the subdivision control law,
6 2 7~10~94
Land Governed by
Zoning in Effec= at
Time of S.~ssion
MoratoriumAffecting
Subdivision Pla~
and written notice of such submission has
been given to the city or town clerk before
the effective date of ordinance or by-law,
the land shown on such plan shall be governed
by the applicable provisions of the zoning
ordinance or by-law, if any, in effect at the
time of the first such submission while such
plan or plans are being processed under the
subdivision control law, and, if such
definitive plan or an amendment thereof is
finally approved, for eight years from the
date of the endorsement of such approval,
except in the case where such plan was
submitted or submitted and approved
before January first, nineteen hundred and
seventy-six~ for seven years from the date of
the endorsement of such approval. Whether
such period is eight years or seven years, it
shall be extended by a Period equal to the
time which a city or town imposes or has
imposed upon it by a state, a federal agency
or a court, a moratorium on construction, the
issuance of permits or utility connections.
$ Year Exemption for
Use of Land
Approval Not Required When a plan referred to in section eighty-one
Plan Exemption P of chapter forty-one has been submitted to
a planning board and written notice of such
submission has been given to the city or town
clerk, the use of the land shown on such plan
shall be governed by applicable provisions of
the zoning ordinance or by-law in effect at
the time of the submission of such plan while
such plan is being processed under the
subdivision control law including the time
required to pursue or await the determination
of an appeal referred to in said section, and
for a period of three years from the date of
endorsement by the planning board that
approval under the subdivision control law is
not required, or words of similar import.
Exemption Provision Disapproval of a plan shall not serve to
for Disapproved terminate any rights which shall have accrued
Definitive or under the provisions of this section,
Approval Not Required provided an appeal from the decision
Pi~-~ disapproving said plan is made under
applicable provisions of the subdivision
control law. Such appeal shall Stay, pending
an order or decree of a court of final
jurisdiction, the applicability to land shown
on said plan of the provisions of any zoning
ordinance or by-law which became effective
after the date of submission of the plan
first submitted.
Ex~m~tion Provision
for Definitive or
Approval Not Required
Plans During Appeal
or Li~i~ation
Waiver of Ex~mption
by Record Owner of
Land
In the event that any lot shown on a plan
endorsed by the planning board is the subject
matter of any appeal or any litigation, the
exemptive provisions of this section shall be
extended for a period equal to that from the
date of filing of said appeal or the
commencement of litigation, whichever is
earlier, to the date of final disposition
thereof, provided final adjudication is in
favor of the owner of said lot.
The record owner of the land shall have the
right, at any time, by an instrument duly
~recorded in the registry of deeds for the
district in which the land lies, to waive the
provisions of this section, in which case the
ordinance or by-law then or thereafter in
effect shall apply. The submission of an
amended plan or of a further s,,hdivision ~of
all or part of the land shall not constitute
such a waiver, nor shall it have the effect
of further extending the applicability of the
ordinance or by-law that was extended by the
original submission, but, if accompanied by
the waiver described above, shall have the
effect of extending, but only to extent
aforesaid, the ordinance or by-law made then
applicable by such waiver.
Added by St. 1975, c. 808, s. 3; Amended by
St. 1977, c. 829, s. 3d; St. 1979, c. 106;
St. 1982, c. 185; St. 1985, c. 494; St. 1986,
c. 557, s. 54; St. 1994, c. 60, s. 67.
6 - 4 7\10\94
SECTION 9A.
Special Permits for
Adult Bookstores or
Theatres
Regulation of
Location
"Adult Bookstore.
"Adult Motion Picture
Theatre.
"Adult Paraphernalia
Store.
.Special Permits for Adult Uses
Zoning ordinances or by-laws may provide for
special permits authorizing the establishment
of adult bookstores or adult motion picture
theatres as hereinafter defined. Such zoning
ordinance or by-law may state the specific
improvements, amenities or locations of
proposed uses for which such permit may be
granted and may provide that the proposed use
be a specific distance from any district
designated by zoning ordinance or by-law for
any residential use or from any other adult
bookstore or adult motion picture theatre or
from any establishment licensed under the
provisions of section twelve of chapter one
hundred and thirty-eight. Such zoning
ordinance or by-law shall prohibit the
issuance of such special permits to any
person convicted of violating the provisions
of section sixty-three of chapter one hundred
and nineteen or section twenty-eight of
chapter two hundred and seventy-two.
As used in this section, the following words
Shall have the following meanings:
'"Adult bookstore,,, an establishment having as
a substantial or significant portion of its
stock in trade, books, magazines, and other
matter which are distinguished or
~characcerized by their emphasis depicting,
describing, or relating to sexual conduct or
sexual excitement as defined in section
thirty-one of chapter two hundred and
seventy-two.
"Adult motion picture theatre", an enclosed
building used for presenting material
distinguished by an emphasis on matter
depicting, describing, or relating to sexual
conduct or sexual excitement as defined in
section thirty-one of chapter two hundred and
seventy-two.
"Adult paraphernalia store," an establishment
having as a substantial or significant
portion of its stock devices, objects, tools,
or toys which are distinguished or
characterized by their association with
sexual activity, including sexual conduct or
sexual excitement as defined in section
thirty-one of chapter two hundred and
seventy-two.
"Adult Video Store"
"Adult video store," an establishment having
a substantial or significant portion of its
stock in trade, videos, movies, or other film
material which are distinguished or
characterized by their emphasis depicting,
describing,or relating to sexual conduct or
sexual excitement as defined in said section
thirty-one of said chapter two hundred and
seventy-two.
Procedural
Requirements for
Special Perm/ts
M--datory Hearings
Within 65 Days After
Filing
M~ndatory Rules by
Special Permit
Granting Authority
Zoning ordinances or by-laws shall provide
that special permits shall only be issued
following public hearings held within sixty-
five days after filing of an application with
the special permit granting authority, a copy
of which shall forthwith be given to the city
or town clerk by the applicant, and may
provide that certain classes of special
permits shall be issued by one special permit
granting authority and others by another
special permit granting authority as provided
in the ordinance or by-law. Such special
permit granting authority shall adopt and
from time to time amend rules relative to the
issuance of such permits, and shall file a
copy of said rules in the office of the city
or town clerk. Such rules shall prescribe a
size, form, contents, style and number of
copies of plans and specifications and the
procedure for a submission and approval of
such permits.
Vote Required
Ordinance or By-Law
Shall Provide that
Action Within 90 Days Special permit granting authorities shall act
After ~earing or within ninety days following a public hearing
Special Permit Deemed for which notice has been given by
Granted publication or posting as provided in section
eleven, and by mailing to all parties in
interest; provided, however, that a city
council having more than five members
designated to act upon such a permit may
appoint a committee of such council to hold
the public hearing. Failure by a special
permit granting authority to take final
action upon an application for a special
permit within said ninety days following the
date of public'hearing shall be deemed to be
a grant of the permit applied for. Special
pe=mits issued by a special permit granting
authority shall require a two-thirds vote of
boa. rds with more than five members, a vote of
at least four members of a five member board
and a unanimous vote of a three member board.
Zoning ordinances or by-laws shall provide
that a special permit granted under this
9A - 2 7\10\94
~eciai Permit Shall
Lapse Within 2 Years
Unless Substantial
Use or Construction
has Commenced
section shall lapse within a specified Period
of ~ime, not more than two years, and
including such time required to pursue or
await the determination of an appeal referred
to in section seventeen, from the grant
thereof, if a substantial use thereof has not
sooner commenced except for good cause Or, in
the case of permit for construction, if
construction has not begun by such date.
except for good cause. Any existing adult
bookstore, adult motion picture theatre,
adult paraphernalia store, or adult video
store shall apply for suchpe£L.it within
ninety days following the adoption of said
zoning ordinance or by-law by a municipality.
Added by St. 1982, c. 603, s. 1; St. 1994,
c. 60, s. 69, 70 and 71.
9A - 3 7\10\94
SUPPLEMENT NO. 9
DATE: 8\94
REVISIONS TO PERMANENT FILE COPY OF
~ ZONING ACT
CF~AP'rER 40A, M.G.L.
Thi.¢ Supplement contains an amendment to the Zoning Act which was enacted by the
General Court during the 1994 legislative session. Chapter 60, Sections 67, 69, 70 and
71 amended Section 6 and 9A of the Zoning Act by further de/ming adult uses and
requiring existing adult uses to obtain a special pe,-,,Jt within 90 days following the
adoption of a zoning ordinance or bylaw whicli regulates such uses. Thin amendment
took effect June 10, 1994.
Would you please notify your Planning Board, Zoning Board of Appeal.~ and Zoning
Enforcement Officer of the changes and infocm them that new copies of the Zoning act
are available to them upon mitten request to Donald Schmidt at the following address:
Executive Office of Communities and Development
100 Cambridge Street - Room 1803
Boston, MA 02202
REMOVE
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Executive Office of Communities and Development
Mary L. Padula, Cabinet Secretary
CommonweaJth of Massachusetts
Executive Office of Communities and Development
THE
ZONING
ACT
7- 94
Massachusetts General Laws
Chapter 40A
SECT O 6.
Pre-existing Non-conforming Uses, Structures
and Lots
Exemption for
Structure and Use
Lawfully Be~,~ or in
Existence
Ex-~ption for
Building or Special
Perm4t Issued Before
First Notice of
Public Hearing
Except as hereinafter provided, a zoning
ordinance or by-law shall not apply to
structures or uses lawfully in existence or
lawfully begun, or to a building or special
permit issued before the first publication of
notice of the public hearing on such
ordinance or by-law required by section five,
but shall apply to any change or substantial
extension of such use, to a building or
special permit issued after the first notice
of said public hearing, to any
reconstruction, extension or structural
change of such structure and to any
alteration of a structure begun after the
first notice of said public hearing to
provide for its use for a substantially
different purpose or for the same purpose in
a substantially different manner or to a
substantially greater extent except where
alteration, reconstruction, extension or
Pre-exiS~ing Non- structural change to a single or two-family
confo=~ing Structures residential structure does not increase the
or Uses may be nonconforming nature of said structure. Pre-
Extended, Ch~ged or existing non-conforming structures or uses
Altered After Finding may be extended or altered, provided, tha~ no
by Granting Authority such extension or alteration shall be
permitted unless there is a finding by the
pe.rmit granting authority or by the special
permit granting authority designated by
ordinance or by-law that such change,
extension or alteration shall not be
substantially more detrimental than the
existing nonconforming use to the
neighborhood. This section shall not apply
to billboards, signs and other advertising
devices subject to the provisions of sections
twenty-nine through thirty-three, inclusive,
of chapter ninety-three, and to chapter
ninety-three D or to adult bookstores, adult
motion picture theaters, adult paraphernalia
shops, or adult video stores subject to the
provisions of section nine A.
Ordinance or By-Law
Shall Provide that
Building or Special
Permit Shall Conform
if Not Co~enced
Within a Period of
A zoning ordinance or by-law shall provide
that construction or operations under a
building or special permit shall conform to
any subsequent amendment of the ordinance or
by-law unless the use or construction is
commenced within a period of not more than
6 - I 7~10\94
More than
six months after the issuance of the permit
and in cases involving construcuion, unless
such construction is continued through to
completion as continuously and expeditiously
as is reasonable.
Regulating of
Nonconforming Uses
After 2 Years
A zoning ordinance or by-law may define and
reg,.late non-conforming uses and structures
abandoned or not used for a period of two
years or more.
Single Lot Exemption
for Single --d Two-
Family Use
Co=~aon Lot Exemption
for Single ~ Two-
Family Use
Any increase in area, frontage, width, yard,
or depth requirements of a z~ning ordinance
or by-law shall not apply to a lot for single
and two-family residential use which at the
time of recording or endorsement, whichever
occurs sooner..was no~ held in common
ownership with any adjoining land, conformed
to then existing requirements and had less
than the proposed requirement but at least
five thousand square feet of area and fifty
feet of frontage. Any increase in area,
frontage, width, yard or depth requirement of
a zoning ordinance or by-law shall not apply
for a period of five years from its effective
date or for five years after January first,
nineteen hundred and seventy-six, whichever
is later, to a lot for single and two-family
residential use, provided the plan for such
lot was recorded or endorsed and such lot was
held in common ownership with any adjoining
land and conformed to the existing zoning
requirements as of January first, nineteen
hundred and seventy-six, and had less area,
frontage, width, yard or depth requirements
than the newly effective zoning requirements
but contained at least seven thousand five
hundred square feet of area and seventy-five
feet of frontage, and provided that said five
year period does not commence prior to
January first, nineteen hundred and seventy-
six, and provided further that the provisions
of this sentence shall not apply to more than
three of such adjoining lots held in common
ownership. The provisions of this paragraph
shall not be construed to prohibit a lot
being built upon, if at the time of the
building, building upon such lot is not
prohibited by the zoning ordinances or by-
laws in effect in a city or town.
Definitive Pi~
Exemption
If a definitive plan, or a preliminary plan
followed within seven months by a definitive
plan, is submitted to a planning board for
approval under the subdivision control law,
6 - 2 7~10~94
Land Governed by
Zoning in Effect at
Time of Submission
Horatori~m Affecting
Subdivision Plans
and written notice of such submission has
been given to the city or town clerk before
the effective date of ordinance or by-law,
the land shown on such plan shall be governed
by the applicable provisions of the zoning
ordinance or by-law, if any, in effect at the
time of the first such submission while such
plan or plans are being processed under the
subdivision control law, and, if such
definitive plan or an amendment thereof is
finally approved, for eight years from the
date of the endorsement of such approval,
except in the case where such plan was
submitted or submitted and approved
before January first, nineteen hundred and
seventy-six; for seven years from the date of
the endorsement of such approval. Whether
such period is eight .years or seven years, it
shall be extended by a period equal to the
time which a city or town imposes or has
imposed upon it by a state, a federal agency
or a court, a moratorium on construction, the
issuance of permits or utility connections.
3 Year Ex~tion for
~se of
Approval Not Required When a plan referred to in section eighty-one
Plan Exemption P of chapter forty-one has been submitted to
a planning board and written notice of such
submission has been given to the city or town
clerk, the use of the land shown on such plan
shall begoverned by applicable provisions of
the zoning ordinance or by-law in effect at
the time of the submission of such plan while
sudh plan is being processed under the
s~bdivision control law including the time
required to pursue or await the determination
of an appeal referred to in said section, and
for a period of three years from the date of
endorsement by the planning board that
approval under the subdivision control law is
not required, or words of similar import.
Ex-~=ion Provision Disapproval of a plan shall not serve to
for Disapproved terminate any rights which shall have accrued
Definitive or under the provisions of this section,
Approval Not Requ/red provided an appeal from the decision
Pl~s disapproving said plan is made under
applicable provisions of the subdivision
control law. Such appeal shall stay, pending
an order or decree of a court of final
jurisdiction, the applicability to land shown
on said plan of the provisions of any zoning
ordinance or by-law which became effective
after the date of submission of the plan
first submitted.
6 - 3
Exemption Provision
for Definitive or
Approval Not Required
Plans During Appeal
or Litiga=ion
Waiver of Exemption
by Record Owner of
In the event that any lot shown on a plan
endorsed by the planning board is the subject
matter of any appeal or any litigation, the
exemptive provisions of this section shall be
extended for a period equal to that from the
date of filing of said appeal or the
commencement of litigation, whichever is
earlier, to the date of final disposition
thereof, provided final adjudication is in
favor of the owner of said lot.
The record owner of the land shall have the
right, at any time, by an instrument duly
'Tecorded in the registry of deeds for the
district in which the land lies, to waive the
provisions of this section, in which case the
ordinance or by-law then or thereafter in
effect shall apply. The submission of an
amended plan or of a further subdivision .of
all or part of the land shall not constitute
such a waiver, nor shall it have the effect
of further extending the applicability of the
ordinance or by-law that was extended by the
original submission, but, if accompanied by
the waiver described above, shall have the
effect of extending, but only to extent
aforesaid, the ordinance or by-law made then
applicable by such waiver.
Added by St. 1975, c. 808, s. 3; Amended by
St. 1977, c. 829, s. 3d; St. 1979, c. 106;
St. 1982, c. 185; St. 1985, c. 494; St. 1986,
c. 557, s. 54; St. 1994, c. 60, s. 67.
6 - 4 7\10~94
SECTION PA.
Spec/al Perm/ts for
Adult Bookstores or
Theatres
Sl eciai Permits for Adult Uses
Zoning ordinances or by-laws may provide for
special permits authorizing the establishment
of adult bookstores or adult motion picture
theatres as hereinafter defined. Such zoning
ordinance or by-law may state the specific
Regulation of improvements, amenities or locations of
Location proposed uses for which such permit may be
granted and may provide that the proposed use
be a specific distance from any district
designated by zoning ordinance or by-law for
any residential use or from any other adult
bookstore or adult motion picture theatre or
from any establishment licensed under the
provisions of section twelve of chapter one
hundred and thirty-eight. Such zoning
ordinance or by-law shall prohibit the
issuance of such special permits to any
person convicted of violating the provisions
of section sixty-three of chapter one hundred
and nineteen or section twenty-eight of
chapter two hundred and seventy-two.
As used in this section, the following words
shall have the following meanings:
"Adult Bookstore- '"Adult bookstore,,, an establishment having as
a s~bstantial or significant portion of its
stock in trade, books, magazines, and other
matter which are distinguished or
'cha=acterized by their emphasis depicting,
describing, or relating to sexual conduct or
sexual excitement as defined'in section
thirty-one of chapter two hundred and
seventy-two.
"Adult Motion Picture "Adult motion picture theatre", an enclosed
Theatre. building used for presenting material
distinguished by an emphasis on matter
depicting, describing, or relating to sexual
conduct or sexual excitement as defined in
section thirty-one of chapter two hundred and
seventy-two.
"A~ult Paraphe~=alia
Store."
"Adult paraphernalia store," an establishment
having as a substantial or significant
portion of its stock devices, objects, tools,
or toys which are distinguished or
characterized by their association with
sexual activity, including sexual conduct or
sexual excitement as defined in section
thirty-one of chapter two hundred and
seventy-two.
9A - 1 7\10\94
'~Adult Video Store"
"Adult video store," an establishment having
a substantial or significant portion of its
stock in trade, videos, movies, or other film
material which are distinguished or
characterized by their emphasis depicting,
describing, or relating to sexual conduct or
sexual excitement as defined in said section
thirty-one of said chapter two hundred and
seventy-two.
Procedural
Requirements for
Special Permits
M~atory Hearings
Within 65 Days After
Filing
Mandatory Rules by
Special Perm/t
~ranting Authority
Zoning ordinances or by-laws shall provide
that special permits shall only be issued
following Public hearings held within sixty-
five days after filing of an application with
the special permit granting authority, a copy
of which shall forthwith be given to the city
or town clerk by the applicant, and may
provide that certain classes of special
permits shall be issued by one special permit
granting authority and others by another
special permit granting authority as provided
in the ordinance or by-law. Such special
permit granting authority shall adopt and
from time to time amend rules relative to the
issuance of such perL~,its, and shall file a
copy of said rules in the office of the city
or town clerk. Such rules shall prescribe a
size, form, contents, style and number of
copies of plans and specifications and the
procedure for a submission and approval of
such permits.
Vote Required
Ordinance or By-Law
Shall Provide that
Action Within 90 Days Special permit granting authorities shall act
After Hearing or within ninety days following a public hearing
Special Pe~m/t De.~ed for which notice has been given by
Granted publication or posting as provided in section
eleven, and by mailing to all parties in
interest; provided, however, that a city
council having more than five members
designated to act upon such a permit may
appoint a committee of such council to hold
the public hearing. Failure by a special
permit granting authority to take final
action upon an application for a special
permit within said ninety days following the
date of public'hearing shall be deemed to be
a grant of the permit applied for. Special
permits issued by a special permit granting
authority shall require a two-thirds vote of
boa. rds with more than five members, a vote of
at least four members of a five member board
and a unanimous vote of a three member board.
Zoning ordinances or by-laws shall provide
that a special permit granted under this
9A - 2 7\10\94
S~eoial permit Shall
'-Lapse Within 2 Years
Unless Substantial
Use or Construction
has Commenced
section shall lapse within a specified Period
of time, not more than two years, and
including such time required to pursue or
await the dete~i,ination of an appeal referred
to in section seventeen, from the grant
thereof, if a substantial use thereof has not
sooner commenced except for good cause Or, in
the case of permit for construction, if
construction has not begun by such date
except for good cause. Any existing adult
bookstore, adult motion picture theatre,
adult paraphernalia s~ore, or adult video
store shall apply for such permit within
ninety days following the adoption of said
zoning ordinance or by-law by a municipality.
Added by St. 1982, c. 603, s. 1; St. 1994,
c. 60, s. 69, 70 and ?1.
9A - 3 7\10\94
PAR Ki N G
LOTS, GARAGES
23.1
23.2
Any person who has lawful controi of improved or enclosed private
property, used as an off-street parking area for businesses, audi-
toriums, sporting or recreational facilities, or cultural centers, where
the public has the right of access as invitees or licensees, shall cause
such parking areas to conform to these Regulations if the parking area
has fifteen (15) or more parking spaces.
Specially designated parking spaces for the physically handicapped
shall be the closest located spaces in the lot to the accessible en-
trance(s). Where the designated parking space cannot be located
within two-hundred (;ZOO) feet of the accessible entrance(s), an ac-
cessible drop-off area shall be provided within one-hundred (100) feet
of such entrance(s).
In multi-level garages where no e~evator is provided, such spaces
shall be located near the accessible entrance.
26
~ate
ilere
~use
~rea
>pad
e~-
ated
ac-
feet
aces
23.4
23.5
Number: Such spaces shall be provided as follows:
Total Spaces
Required space..s
15 - 25 1 space
26 - 40 5% but not
41 - 100 4% but
101 - 200 !% but
201 - 500 2% but
501 - 1,000 1.5% but
1,001 - 2,000 1% but
2,001 - 5,000 .75% but
5,001 - .50% but
less than 2 spaces
not less than 3 spaces
not less than 4 spaces
not less than 6 spaces
not less than l0 spaces
not less than 15 spaces
not tess than 20 spaces
not less than 30 spaces
Width: Such parking spaces which are perpendicular or diagonal to
the parking roadway shall be twelve (12) feet wide, Spaces shall allow
persons in wheelchairs to enter or leave an automobile on a uniform
surface suitable for wheeling and walking.
Alternative: Two eight (8) foot spaces, separated by a four (4) foot
center aisle, which is painted or striped yellow.
Sidewalks: Where sidewalks are provided at such parking spaces, a
curb cut (sidewalk ramp) shall be installed at each specially designated
space or pair of spaces, so that the handicapped persons are not
required to enter the stream of traffic to attain access to sidewalks.
if the alternative described in Section 23.5 is used, the curb cuts
shall be installed where the center aisle meets the sidewalk.
; i
~I. AN- OOUEal-~
PAR KIN G
LOTS, GARAGES
2~. 2
23,3
Any person who has lawfu{ control of improved or enclosed private
property, used as an off-street parking area for businesses, audi-
toriums, sporting or recreational facilities, or cultura~ centers, where
the public has the right of access as invitees or ~icensees, shall cause
such parking areas to ,conform to these Regulations if the parking area
has ~ilteen (15) or more pafl(ing spaces.
Special~y designated parking spaces for the physically handicapped
shall be the closest located spaces in the tot to the accessible en-
trance(s). Where the designated parking space cannot be located
within two-hundred (200) feet of the accessible entrance(s), an ac-
cessible drop-off area shall be provided within one-hundred (100) feet
of such entrance(s).
In multi-level garages where no elevator is provided, such spaces
shall be ~ocated near the accessible entrance.
26
STALL
zate
~di-
~rea
~ped
ated
feet
23.4
23.5
23.6
Number: Such spaces shall be provided as follows:
Total Spaces
Required spaces
15 - 25
26 -40 5%
41 - 100 4%
101 - 200 ~%
201 - 500 2%
501 - 1,000 1.5%
1,001 - 2,000 1%
2,001 - 5,000 .75%
5,001 - .50~0
1 space
but not less than 2 spaces
but not less than 3 spaces
but not less than 4 spaces
but not less than 6 spaces
but not less than l0 spaces
but not less than 15 spaces
but not less than 20 spaces
but not less than 30 spaces
Width: Such parking spaces which are perpendicular or diagonal to
the parking roadway shall be twelve (12) feet wide. Spaces shall allow
persons in wheelchairs to enter or leave an automobile on a uniform
surface suitable for wheeling and walking.
Alternative: Two eight (8) foot spaces, seoarated by a four (4) fool
center aisle, which is painted or striped yellow.
Sidewalks: Where sidewalks are provided at such parking spaces, a
curb cut (sidewalk ramp) shall be installed at each specially designated
space or pair of spaces, so that the handicapped persons are not
required to enter the stream of traffic to attain access to sidewalks.
If the alternative described in Section 2.3.5 is used, the curb cuts
shall be installed where the center aisle meets the sidewalk.
PLAN- OOUBLE
Exem.tions
(1) ~elega. lim~ tn [3irector ot' ~Iections. The Secret.~ry delegates lo the
Director of Elections {the "Director") the authority to determine whether a
pullh~g pince is exempt ~mm Ihe ~cce~ibiJi[y requiremenls ~der section
of the Act, 4Z U.S.C.s. lg7=eei'l[b), ~d ~der gs0 C),tR 51.03,
[2) Emergency excretions, tn an emergency ~der section ~[b)(1) of the. Act,
42 (}.5. G. s. iUP:h:e-I(hJ{;J, an exemption may be ~ppiled for m~d deten~i~ed hy
lelet~hone, hut txHtt the city or town ~nd the Director shall confinn their '
comm[ixtJc~tJotts i~ writing, hiere f~ilure of the city or [own to make
ami limc[y [Hans and arr~ge~elils doe~ no( co,ti[ute an emergency.. [f
exemplio~ is allowed, [[ appties only to one election, and Ihe city or town.must
exercise its best efforts Io [[nd another acc~ssib[e ~lling p[aca. ~d ir none
avaiiahht. [~ provider whatever as~ist~ca ts ~ssihle to handicapped and eideriy
wH~:t's. [[ ;m emerg~lt¢:y exu:~t~Hiun {s aJJow~d, handicapped or eJderiy voters
assi[~ed Io sut:h an einergenc7 exempt ~[ling plac~ may vote by abse~tea
ballot tn Ihe o([[c~ o[ [he c~ty or [own cJer~ or election commission witl~ou[
al)lHying in adva~ce. The procedures set [otth in the s~cond paragraph
~{.G.L.c. ~I. s. 5~ sh~il apply 1o s~ch valero, except [hat the abscntee ballot
e~v,tlope sh~[l be marked 'Emergency Palling Place gxemplion'.
(3] Nu~-availahiliLy Exemolim~s: S[~dards. In detannfnlng m~der
3[b){~){A} of the-f(c~, 4Z U.5.C.s. lgP:ee~t(bi(Z)[A), that ~ll potential.places
have been sumeyed and that no acc~ible place ts available, hoe is ~he ri.fy or
town =bi~ to make one temporarily acca~ibIe tn the are~ ~voIved, the Director
shall co~sider the following fac~om:
(a) Whelher ench I~)cut[on has hec~ studied by ~ trained person to de[~mnine
wheU~er or not it is acc~sib{e.
I. Foiling piac~s st~ou[d not he presumed to be acc~ible simply because
there are no obv{o~ barriers, but 950 CNiR 5t.02 m~t be applied.
2. A trained pecan is one with know[edge of what consti~ute ~tmctur;[
barriers [o handicapped individuals.
3. Handicapped pecans, representatives of handicn~ groups or
profe=~mnais who work with h~ndicapped [ndividunls should be con~ltbd.
4. [f ~ [aeolian is {nacc~ible. then the city or to~ should either seek
an aitema[ive accessible location or seek to have the barrie~ r~noved.
(bi Whether the o~em or pmpdetom of the building have been consulled
regard[n~ [l~e modi[[cat[ons. 1[ the owners or pmptietom are ~wi[ling to
make tim modi[icatio~, then ~ eiternaHve location should be
P~ssihht lacalim~s incJude thnse which are currenlly acce~ible and those
wi~ere Um owners or pmpcie[om are willing to make nec~ssa~ mo~[[catinns.
tel Whether ~ estimate o~ the cost to ma~e the modi[ications has bc~n
abiai~ed frown a quaH[ied pemon [construction contractor, ca~e=ter}..and
wheiher di[[erent options fat removing the bardc~s have be~n
[e.g.. tempora~ rampsl.
Idl WiHI re~f~et:t to pnlling places tn inaccessible govemmcnt buildings,
wlmtlmr the oily nr [owt~ hns urged government attic[als Io make the
mudiHcaliuns n,~ccssarf for the buiidings [o be acce~ible.
(el The record o~ the city or town's percentage at polling placP~ in
comoii~ce in U:e past.
(f) ~e city ar to~'s expre~ed p[~'~ [or ~raviding ~ accessible poilln~
piac~ [~l the ~utuce.
(4) (n) The city or town ~dy res~ibi~ (or ~eiectinR ~(Hng ~(~c~s under'
M.G.L. c. 54, s. 24 (c(ty co~cti. ~ard o{ se!ac:Inert, or '
co~mission) m~t apply ~n wri~in~ For ~y exe:not(on ~:~der sect~o)~ S[b)[C)
ti~e Act. 42 U.5. C. s. lg72ee-t[b}[2~. ~e ";~ ; ~ ' "
prescribed by him. not la,er th~ lgO days be~ore ~he first fedet~ e[ec:ion
oC ~[~ even-numbered year.
4
F.n ( rnnc(~.
disabled per.ns. If lira main ~nlr~nc~ lo th~ buiidin~ is 11~1 accessibh~.
must h~ ~slnd dire~tin~ Imrsuns [rmiz the urd[nury Imlh of (ravel
accessible enlrm~ce.
(I)) The npprunc:h In ~J[:lt ~:nlrnn(:n .~tmll be n paved walk or ramp wiHi a
non-stil~ ~urfncn. uninlnriul)lmj hy .~h~lJ~ Hr ahrul)( changes in
than mm-hall inch. Sucl~ ,.Iran(ce simli have a level space 60 inches front
tim door on [lle inleHor and exterinr n~ [he doors.
[c~ Doors to such enlranc~ shntl be a minimum o[ 32 inches clear.
measured al gO'. 11 is recommended the[ lever hnndles or other m:ce~ihin
hardware be provided on dr]ors, so thai it]ny may be operated wiUi n ctosml
fist. No door [hreshuid shall be higher than one-hall inch above Ihe
either side.
(n} If the entrance has stnir.~, a ramp must be provided. A pnrmmu:nt
must comply wilh the [ollnwing:
~. *Z'he s~ope u~ the ramp mt]~ he no sleeper Ihmz 1:12.
2. q~n width of the ramp shall be no( less than 36 inches and
4B incl~es.
3. liandraiis m~t be set un both sidus o~ Um ramp. at a height o[ 3.1
]ache&
(hi I[ il is hnpr~ctical to inslall a perm~nnn( ramp. l~rtable ramps ~tlall be
provided. ~or{~l)ln raml)n ~haiJ I}e ns c:Jose to 1:12 ns I)ossil)ln. and
Ix)rtabin ramp has no handrails or si~e walls i: must have whe~l
least two inches high on b:)ll~ sides. Portable ramps zngy be t~ed tn gain
access rmm the par~ing 1ol or slreet Io Ilie sidewol~ as well ~s al ~he
entrance to a building. Portable ramps shall be securely anchored.
~uilding interior. All dnnrs, approaches, nnd rnmps wilhin lhe buihlin~
necessary tn obtain access hJ Ihu IxliHng place must cOtnl)ly wilh ~]fi(} CMl(
;.UZ(3I m=d ('U.
Vol]n,: 'Euuimn.en_~l.
(al fn ]:very txdling place, n si,cch]mn ballot must be posted at a h,..ighl rio
greater than 4~1 inches.
Lh) Where pnlmr or punch-card Imllnls nra used. al lnnst' on~ nmrking simi[
at each filing place (at a primary where punch-card bnoklnls are usnlJ, ml~
inches wide. at I,mst 27 inches clear to tim unde~ida of the shelf, and nat
more than 32 inches in height to Ihe ~np of U~e stmif, and m~t cnnttlin
privacy harriers on ~th sides of the stroll Dot this spec]at mark]fig shell
Ihe handle o[ uny stytus usad for punching punch-card ballots shall he at
le3st I inch thin~ and at l~st 3 inches long.
(c) Wlmre vnling machines are ~xed. a spechzmn ballet m~t be pi;mod in at
least one machine al em:h ~lling place, at a heighl no greeter than ,18
inches. For ruling machines which have any levers higher thnn 4~ inches
n~ve the flor. a 'renclmr* must be mad~ ~vnilnble to ass]si di~nblmt
persons in rcach/,g U]e upper [evers.
(7) Variances. A cily or Iow, may apply Io [he Archilectural Access Board.
under 52I CMR 3.00(4.1.11. Fur n variance rro,n (he accc~ibiJJty rnquirnrnmH~
or 950 CMR 51.02 ar. to tl:e ext,:n( tl~nt they apply tn any ~lling plnr:m from
Ihe r,quiremen~s of the Archileclur=l Acc~ms Honrd's r~guhllhms in
521 CMl[ 3.00. Noti~:~ o~ ~n aPl,lift,lion fl~r mW .~uch vnrinncc shall h,~ ~iven i~
:he mariner r~:quir~d by DE0 CMl{ 51.~:T{.li(b). and shall nifo he 2ivml h) Ihn
giret:t~r o[ [ll:~:l{ons. NO so(ch variance sllatl I)e allowed whil:h subsl;~:Hinlly
itnt~airs the ~ccu~ibility u[ a i~dling pIm:e tu hnndi,:;qqmd and c{d,:rly vuturs.
Ti,ne A(:ccs.~ibililv Rcq.uip:d. All notl-exe$]'qH IxHling plm:ns must
a~:~e~iiHc no laler lh~ thre~ weeks before the first fedcr;d eim:/iun n[
e'/cn-~umbnccd )'ne r.
51.0.1: continued
commission, to the state Office nf Handicapped Affairs (One Ashburton
Place. Room I;~05. []nsto., MA 02.101q, and tn any additiuna[ organizatio~
which U~e Director may prescribe. The notice shall state II~e denignation
a]~d addre~ of the ~lling place De places for which e~emptien is sought, the
re,sons far the application, the location at which a copy of the application
may be inspected. ~d the fact thai any person may file a written res~nse
within 30 days with the state Direutor of Elections. One Ashburton Place,
Roam t705, Boston, MA 021flfl. tuteph(m. (fi17J 727-2B28 or (800) 462-8683.
(c~ Any pe~n rnny tile wilh
e~empHon applica~hm within 3g days after il is filed.
(d) ~e Director may, in his disc=orion, snek further info.alien
city or town or hold an in[onnal hearing be[ore hhnseJ[ or his designee.
{e) Not later Ihsn g0 days be[ore Ihe first [edetal election et an
even-numfiered year. Ihe I)i~'ectnr shall nolffy the cily or lawn in willing
wltuthet an exumplion ;s allowed and o[ Ih. rca~as fur the dec~siun. ~e
period et an exemptim~ ~hMI be two
eve~-~umhered year. Renewal et the exemption requires a new application..
(SI Alternative Voling Methods. As reqt,ired by section 3(b)(2)(g) of the Act,
42 U.$.C.S. 1973ee-ll[b)12}(BI, handicapped or etderiy voters assigned lo an
exempt ~lling place may vote by absenlee ballol, either by mail or in {he
office of the city or town clerk or elm:lion commi~io., if they previously apply
in writi~g, under M.C.~ c. 54. ss. 86- I03Q. Current state law prevents
a~igning such voters to ~ather polling place, as well as 'curbside voting"
out~ide lite polling place 0n election day.
RI-'.GIJ LA'FOIl. Y Au'ri IORITY
~)50 C,X, lll. 51.00:42 U.$.C. ss. lLI73fie to t,q7'3ee-8.
M.G.L.c. ~4. s. 27.
ARTI~'r.~ 22. ZONING BYLAW AMEND{4ENT - SIGN BYLA# - SECTION 6. To see if
the Town will vote to amend Section 6 of the Zoning Bylaw by replacing the
existing sign bylaw with the following sign bylaw or take any other action
relative thereto:
Section 6. SIGN AND Llc~T//~ P-~u~ATIONS
6.1 Authority ~d Interpretation - This Bylaw is adopted as a general bylaw
pursuant to Chapter 98, Section 29-33 inclusive, as amended, and a Zoning
Bylaw pursuant to Chapter 40A, as amended, of the General Laws of the
Commonwealth of Massachusetts. This Bylaw is hereby declared to be remedial,
as to secure the beneficial interests and purposes defined in Section 6.2 of
this Bylaw.
6.2 Purposes
1. The regulation and restriction of signs within the Town of North Andover
in order to protect and enhance the visual environment of the Town for
purposes of safety, convenience, information and welfare .of its
residents.
6.3
1.
The restricting of signs and lights which overload the public's capacity
to receive information, which violate privacy, or which increase the
probability of accidents by distracting attention or obstructing vision.
To encourage signa9e and lighting which aid communication, orientation,
identify activities, express local history and character, and serve
educational purposes for the public good.
The reduction of visual and informational conflict among private signs
and lighting and between theprivate and public information systems.
Def~mitions
Accessory Sign - A sign that advertises activities, goods, products, or
a specific use, owner, or tenant, available within the building or on
the property on which the sign is located, or advertises the property,
as a whole or any part thereof for sale or rent.
Building Frontage - The length of feet of a ground floor level of a
building front or a sign facing a street (or facing a right of way
accessible from a street) that is occupied by an individual business.
Directio-al Sign - A non-accessory sign containing no advertising and
giving direction to community (non-commercial) activities, buildings,
areas, such as churches, schools, playgrounds, museums, historical
sights, public buildings, etc. Sign not to exceed 12" X 30".
Display window Signs Temporary signs on the surface of or inside
display windows, lighted only by the general building illumination.
Erect - Shall mean and include to construct, place, relocate, enlarge,
alter, attach, suspend and post.
37
termination of activities on the premises shall be removed within thirty
(30) days of order by the Building Inspector. No existing sign shall be
enlarged, reworded, redesigned, or altered in any way unless it conforms
to the provisions contained herein. Any sign which has been destroyed
or damaged to the extent that the cost of repair or restoration will
exceed one-third (1/3) of the replacement value as of the date of
destruction shall not be repaired, rebuilt, restored or altered unless
in conformity of this Bylaw.
4. Street B~n-ers or Signs: Street Banners or signs advertising a public
or charitable entertainment or event requires a Special Permit from the
Board of Selectmen. Such a sign shall be removed within seven (7) days
after the event.
6.5 Prohibitions:
1. No sign shall be lighted except by steady, stationary light, shielded
and directed solely at or internal to the sign.
2. No illumination shall be permitted which casts glare onto any
residential premises or onto any portion of a way so as to create a
traffic hazard.
3. No sign shall be illuminated in any residential district between the
hours of 12:00 midnight and 6:00 AM unless indicating time or
temperature or a~ establishment open to the public during those hours.
No sign having red or green lights shall be erected within sight of a
traffic signal unless approved as non-hazardous by the Chief of Police.
5. No animated, revolving, flashing, or neon sign shall be permitted.
6. No pennants, streamers, advertising flags, spinners or similar devices
shall be permitted, except as allowed by the Board of Selectmen.
7. Corner visibility sha~l not be obstructed.
S. No sign shall be erected, displayed, or maintained upon any rock, tree,
fence, or utility pole.
9. No sign shall be erected, displayed, or maintained if it contains any
obscene, indecent, or immoral matter.
10. Flags and insignia of any Government shall not be displayed in
connection with commercial promotion.
11. No sign shall obstruct any means of egress from a building.
12. Projecting signs are prohibited.
13. Non-accessory signs are prohibited except for directional signs as
allowed in Section 6.6, B.
40
6.6
1.
Permitted Signs (Fee Required).
Residence(t) District - Accessory Signs - The following signs are
allowed in a residence(t) district, as well as in all other districts.
A. One sign, either attached or freestanding, indicating
only the name of the owner or occupant, street number and
permitted uses or occupations engaged in thereon, not to
exceed two square feet in area. Such sign may include
identification of any accessory professional office, home
occupation, or other accessory uses permitted in a
residence(t) district.
B. One sign oriented to each street on which the premises
has access, either attached or freestanding, pertaining
to an apartment development or a permitted non-
residential principal use of the premises, such sign not
to exceed 6en square feet in area.
C. Temporary signs of not more than twelve (12) square feet
in area, erected for a charitable or religious cause;
requires no sign permit or fee. The sign is to be
removed within thirty {30) days of erection. Sign
Officer shall maintain placement controls.
One temporary unlighted real estate sign advertising the
sale, rental or lease of the premises or subdivision on
which it is erected not to be larger than six square
feet; requires no sign permit if the erecting agent has
obtained a one-year permit for erecting such sign. (Such
sign) to be removed 14 days after sale, rental or lease.
One temporary unlighted sign not larger than twenty-five
(25) square fee indicating the name and address of the
parties involve~ in construction on the premises.
One unlighted contractor's sign, not exceeding twenty-
five (25) square feet in area, maintained on the premises
while construction is in process and containing
information relevant to the project. Such sign shall be
removed promptly after completion of the construction.
One unlighted identification sign at each public entrance
to a subdivision not exceeding twelve (12) square feet in
area; to be removed when the subdivision is completed.
Off-premises Signs: Only signs pertaining exclusively to
the premises on which they are located or to products,
accommodations, services, or activities on the premises
shall be allowed, except that an off-premises directional
sign, designating the route to an establishment not on
the street to which the sign is oriented, may be erected
and maintained within the public right-of-way at any
intersection if authorized by the Board of Selectmen, or
41
on private property, if granted a Special Permit by the
Zoning Board of Appeals. Such sign shall be authorized
only upon the authorizing agency's determination that
such sign will promote the public interest, will not
endanger the public safety and will be of such size,
location, and design as will not be detrimental to the
neighborhood. At locations where directions to more than
one (1) establishment are 'to be provided, all such
directional information shall be incorporated into a
single structure. Ail such directional signs shall be
unlighted, and each shall not be over four (4) square
feet in area.
Temporary Signs: Temporary signs shall be allowed as
provided below, and'provided that they comply with the
following:.
Unless otherwise specified in the
Bylaw, temporary signs must comply
with all applicable requirements for
permanent signs, including issuance
of a sign permit.
Identification Signs or entrance markers for a church or
synagogue shall not exceed a combined total of thirty
(30) square feet and provided there shall be no more than
two {2) signs allowed on the premises.
K. Notwithstanding any other provisions of this Bylaw, signs
may be erected for posting land; i.e., no hunting, no
trespassing, etc.
Residenc~(t) Districts: Non-accessory Signs - Directional signs by
Special Permit from the Board of Selectmen, limited as follows:
A. Two (2) signs for each activity, not exceeding 6" X 30"
in size.
B. Ground signs not exceeding eight (8) feet in height.
Business and Industrial Districts: Accessory - Ail signs permitted
in residence(t) districts, as provided in Section 6.6(A) and
6.6(B), except that temporary real estate signs may be as large as
twenty-five (25) square feet.
Each owner, lessee, or tenant shall be allowed a primary and secondary
sign. Said sign may be used as ground, wall, or roof signs. No lot
shall be allowed to have more than one (1) ground sign structure.
A. One (1) freestanding sign of not more than twenty-five
(25) square feet in area and extending not more than
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of all signs erected on any wall by an occupant may not
exceed twenty percent (20%) of the portion of the wall
area assigned to that occupant. In no case shall any
occupant's sign total more than two hundred (200) square
feet facing any single street.
For any retailing complex comprising three (3) or more
enterprises on a single lot'and fifty thousand (50,000)
square feet of floor area or more, one (1) freestanding
sign for each street on which the development fronts,
containing the name or other identification of the area
occupied by the complex. Each sign shall be no larger
than one hundred (100) square feet. Such sign shall not
be located within ten (10) feet of any property line or
the line of any way, and no part of the sign shall be
more than twenty (20) feet above the ground level.
5. Office Parks
Signs, as permitted in residence(t) districts, except
that temporary real estate signs may be as large as ten
(10} square feet.
B. One (1) sign for each street upon which the premises has
frontage, identifying a subdivision of lots for office
development. This sign shall be no greater than eight
(8) feet in height and no larger than twenty (20) square
feet in area except where the property fronts on a high-
speed, limited access highway, in which case a special
exception may be granted for a larger sign, if required
for legibility.
C. Signs for individual properties or tenants shall be
limited to a single sign no larger than three (3) square
feet per tenant. Individual tenants must have a Letter
of Permission from property owner. The Zoning Board of
Appeals may grant a Special Permit for an exception for a
larger area where this will not impair legibility of
other signs or be incongruous with the surroundings,
based upon consideration of the number of occupants and
signs per building, size of building and integration of
sign and building design.
Industrial Districts
A. Signs as permitted in residence(t) districts, except that
temporary real estate signs may be as large as twenty-
five (25) square feet.
B. Signs attached flat against the wall or canopy of a
building, or projecting not more than six (6) feet above
such wall, advertising the name of the firm or goods or
services available or produced on the premises; provided
that the total area of all such signs does not exceed
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twenty percent (20%) of the area of the side of the
building to which they are attached or two hundred (200)
square feet, whichever is less.
One (1) freestanding sign, containing the name or other
identification of the use on the property, for each
street which the property fronts, each sign is limited to
an area of one hundred (10~) square feet. Such sign
shall not be located closer than forty (40) feet to any
property line or twenty (20) feet above ground level.
~uidelines - The following are further means by which the objectives for
signs can be served. These guidelines are not mandatory, but degree of
compliance with them shall be considered by the Special Permit Granting
Authority in acting upon .special permits authorized under this section,
as shall consistency with the basic sign objectives cited above.
Efficient C~.~mieation
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Signs should not display brand names, symbols or slogans of nationally
distributed products except in cases where the majority of the floor or
lot on the premises is devoted to manufacturing, selling, or other
processing of that specific product.
Premises chiefly identified by a product brand name (such as a gasoline
or auto brand} should devote some part of their permitted sign area to
also displaying the identity of the local outlet.
Signs should not contain selling slogans or other advertising which is
not an integral part of the name or other identification of the
enterprises.
Sign content normally, should not occupy more than forty percent (40%) of
the sign background, whether a signboard or a building element.
Signs should be simple, neat and avoid distracting elements, so that
contents can be quickly and easily read.
Rovironmental Relati~hip
1. Sign design should take into consideration the scale of t~e street to
which the sign is oriented and the size, brightness, style, height and
colors of other signs in the vicinity.
2. Sign brightness should not be excessive in relation to background
lighting levels, e.g., averaging not in excess of one hundred (100)
footlamberts in the downtown or similarly bright areas and not in excess
of twenty (20) footlamberts in unlighted outlying areas.
Buila~-g Relatio~ehlD
1. Signs should be sized~and located so as to not interrupt, obscure, or
hide the continuity of columns, cornices, roof eaves, sill lines or
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other elements of building structure and where possible, should reflect
and emphasize building structural form.
Sign material, colors and lettering should be reflective of the
character of the building to which the sign relates; just as sign size
should be related to building size.
3. Clutter should be avoided by not using support brackets extending above
the sign or 9~/y wires and turn buckles.
I~d~capin~, Buffering, Lightin~
In Shopping Centers and Office Parks, landscaping shall be provided and
maintained in accordance with plantings approved by the Planning Board
and incorporated, as part of the plans on which the Special Permit of
the Zoning Board of Appeals is based.
2 o
In all industrial districts, landscaping shall be provided and
maintained in front yards and in side yards abutting public ways for
aesthetic reasons to break up lines of buildings and for screening
accessory facilities under the requirements discussed below.
Specifically, in all Industrial and Business Districts, landscape
screening shall be provided adjacent to:
A. Abutting existing residential properties; and
Abutting limited access highways in addition to the4
landscaping in front and side yards mentioned above.
Landscape screening shall consist of plantings including evergreens; and
those plantings to be of such height and depth, as is needed, to screen from
view from abutting area any ~nshielded light source, either inside or
outside.
Board of Selectmen
vfkr~u to adopt the Sign Bylaw as printed in the Warrant with the following
amendments:
A~END Section 6.1 - AUTHORIZATION AlqD INTERPRETATION to read as follows: This
bylaw is adopted, as a General Bylaw, pursuant to Chapter 93, Section 29-
33, inclusive, as amended and a Zoning Bylaw pursuant to Chapter 40A, as
amended of the General Laws of the Commonwealth of Massachusetts. This bylaw
is hereby declared to be remedial and protective, and is to be so construed
and interpreted as to secure the beneficial interests and purposes defined in
Section 6.2 of this bylaw.
Purther to ~ Section 6.5, Item 5, as printed in the warrant to read, as
follows:
"No animated, revolving, flashing, or exterior neon sign shall be
permitted.
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Further to AMEND Section 6.6, Item 4, SHOPPING CENTERS by adding thereto
Paragraph D, as follows:
Temporary, unlighted signs, inside windows, occupying not more than
fifty percent (50%) of the area of the Window requires no sign
permit.
Further, to AMEND Section 6.6, Paragraph 1, Letter I, TEMPORARY SIGNS, by
adding to that Section, Paragraph 2, as follows:
Temporary signs not meeting requirement for permanent signs may
advertise sales, special events, or changes in the nature of an
operation, but shall not otherwise be used to advertise a
continuing or regularly recurring business operation a/id shall be
removed promptly when the information they display is out of date
or no longer relevant.
Further, to ;~4END Section 6.6, Paragraph 1, Letter G to read, as follows:
One (1) unlighted Identification Sign at each public entrance to a
subdivision not exceeding twelve (12) square feet in area, to be
removed, when the subdivision roadway is accepted by the Town.
Further, to AMEND Section 6.6, PERMITTED SIGNS.
By deleting all references to "resident" districts, as indicated in
the printed article by the letter (t) following "Residence".
Further, to AMEND Section 6.5, Prohibitions, Item 9, by striking the words
"or immoral" to read as follow:
No sign shall be erected, displayed, or maintained if it contains any
obscene or indecent matter.
Further, to AMEND Section 6.6, Permitted Signs, Item 4.B., by striking the
word "projection" and replacing it with the word "projecting".
And further, that appropriate renumbering and retitling of the Sign Bylaw be
consistent with the amendments to this article, as determined by'the Board of
Selectmen.
Yes 167, No 4.
Town Clerk
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THE ZONING BYLAW
TOWN OF NORTH ANDOVER, MASSACHUSETTS
1972
REPI~INTED ~993
PLANNING BOARD
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Section 1
Section 2
Section 3
3.1
3.2
3.3
3.4
Section 4
4.1
4.11
4.12
4.121
4.122
4. 123
4.124
4. 125
4.126
4.127
4.128
4. 129
4.130
4,131
4. 132
4.133
4.134
4.13~
4.136
4.137
4.2
Section 5
5.1
5.2
5.3
5.4~
5.5
5.6
5.7
5.8.
5.9
. NORTH ANDOVER ZONING BYLAW
CONTENTS
PAGE
TABLE OF CONTENT ............................ i
TABLE OF REVISIONS .......................... iv
PURPOSES .................................. 1.1
DEFINITIONS ............................... 2.1
ZONING DISTRICTS AND BOUNDARIES ........... 3.1
Establishment of Districts ................ 3.1
Zoning Map ............................... 3.1
District Boundaries ] 3.2
Historic District
· .................,...... 3.2
BUILDINGS AND USES PERMITTED ............... 4.1
District Use Regulations ................... 4.1
General Provisions ......................... 4.1
Permitted Uses ............................. 4.2
Residence 1,2, and 3 Districts ............. 4.2
Residence 4 District ....................... 4.4
Village Residential District ............... 4.7
Residence 5 District ....................... 4.10
Residence 6 District ....................... 4.12.
Business 1 District ........................ 4.16
Business 2 District ........................ 4.17
Business 3 District ........................ 4.18
Business 4 District ........................ 4.19
Village Commercial District ................ 4.20
General Business District .................. 4.21
Industrial 1 District ...................... 4.22
Industrial 2 District ......... : ............ 4.23
Industrial 3 District ...................... 4.25
Industrial "S" District .................... 4.25
Watershed Protection District .............. 4.27
Flood Plain District ....................... 4.35
Phased Development Bylaw ................... 4.38
EARTH MATERIALS REMOVAL .................... 5.1
General .................................... 5.1
Definitions ................................ 5.1
Application for Earth Removal Permit ....... 5.2
Permits for Earth Removal .................. 5.3
Earth Removal Incidental to Development,
Construction, or Improvement ............... 5.3
Miscellaneous Removal of Earth ............. 5.4
Operation Standards ........................ 5.5
Restoration Standards ...................... 5.8
Security Requirements ...................... 5.9
Section
Section
Section
Section
Section
Section
6
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
7
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
8
8.1
8.2
8.3
8.4
8.5
8.6
9
9.1
9.2
9.3
9.4
10
10.1
10.2
10.3
10.4
10.5
10.6
10.7
10.8
10.9
11
11.1
11.2
11.3
11.4
11.5
11.6
SIGNS AND OUTDOOR LIGHTING REGULATIONS ..... 6.1
Authority and Interpretation ............... 6.1
Purposes ................................... 6.1
Definitions ................................ 6.1
Administration and Enforcement ............. 6.3
Allowed Signs .............................. 6.5
Sign Regulations ........................... 6.7
Prohibitions ............................... 6.9
Severability ............................... 6.9
DIMENSIONAL REQUIREMENTS .
Lot Areas
~ro;;~;''i ....
Street .....
Yards (setbacks)
Building Heights
Lot Coverage . .
Floor Area Rati~
Dwelling Unit Density ,
Exceptions ............
......... 7.1
......... 7.1
......... 7.2
......... 7.2
......... 7.2
......... 7.3
......... 7.3
i ........ 7.3
......... 7.3
SUPPLEMENTARY REGULATIONS .................. 8.1
Off-Street Parking ......................... 8.1
Automobile Service Station and Other
Automobile Services ........................ 8.5
Site Plan Review .
Screening and Lan~i~i~'~i~;~;';~' 8.5
Off-Street Commercial & Industrial Districts.8.14
Planned Residential Developments (PRD) ..... 8.17
Satellite Receiver Discs ................... 8.23
NON-CONFORMING USES ........................ 9.1
Continuance ................................ 9.1
Alteration or Extension .................... 9.1
Rebuilding after Catastrophe ............... 9.2
Abandonment ................................ 9.2
ADMINISTRATION ..............
Enforcement
Special Permit .............
Variance and Appeals .......
Amendments to Zoning Bylaw .
Conflict of Laws ...........
Validity ...................
Repetitive Petitions .......
Withdrawal Without Prejudice
............. 10.1
............. 10.1
............. 10.2
............. 10.3
............. 10.5
............. 10.7
............. 10.9
............. 10.9
............. 10.10
............. 10.10
PLANNED DEVELOPMENT DISTRICT ............... 11.1
Jurisdiction ............................... 11.1
Purpose .................................... 11.1
Procedure .................................. 11.1
Minimum Requirements ....................... 11.4
Permitted Uses ............................. 11.5
Area Regulations ........................... 11.5
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11.7
Section 12
12.1
12.2
12.3
12.4
12.5
Section 13
13.1
13.2
13.3
13.4
13.5
13.6
13.7
Section 14
14.1
14.2
14.3
14.4
14.5
14.6
TABLE I
TABLE II
FOOTNOTES FROM
APPENDIX
Relation to S~bdivision Control Act ........ 11.6
LARGE ESTATE CONDOMINIUM CONVERSION ........ 12.1
lh/rpose .................................... 12.1
Requirements ............................... 12.1
Contents of Application .................... 12.2
Change in Application ...................... 12.3
Review by the Planning Board ............... 12.3
CONTINUING CARE RETIREMENT CENTER .......... 13.1
Establishment .............................. 13.1
Purpose .................................... 13.1
Definitions ................................ 13.1
Permitted Uses ............................. 13.2
Standards and Restrictions ................. 13.3
Density Bonuses ............................ 13.5
Approval ................................... 13.6
INDEPENDENT ELDERLY HOUSING .............
Establishment .............
Purpose ...........
Definition
Permitted Uses
Standards and
Density Bonus .............
· .14.1
· .14.1
· .14.1
. .14.1
. .14.1
. .14.1
. .14.3
SUMMARY OF USE REGULATIONS ................. TB1
SUMMARY OF DIMENSIONAL REQUIREMENTS ........ TB2
TABLE II ................................... FN1
- Special Permit Application A1
- Site Plan Review Application A3
MAP
Town Meeting
Date/Article
I
TABLE OF REVISIONS W
REVISED ZONING BYLAWS OF THE TOWN OF
NORTH ANDOVER, MASSACHUSETTS I
Zoning Bylaw
Section Brief Title
1985/12
1985/13
1985/15
1985/20
1985/21
1985/23
1985/24
1985/25
1986/13
1986/15
1986/16
1986/17
1986/18
1986/100
1987/8
1987/10
1987/11,28
1987/12
1987/14
1987/16
1987/20
1987/21
1987/22
1987/23
1987/24
1987/25
1987/26
1987/27
1987/28
1987/29
1987/83
1988/27
1988/28
4.135(4)
4.135(2) (a)
2.65
4.11(5)
2.29.1
All Districts
7.4.1
2.30.1
4.2
10.13
7.,1
4. 121(a) (b)
All Districts
4. 121(6} (a,d,e)
Table 2
8.5
8.3(1)
4. 123
8.4
8.1(13)
4.128
Table 1
3.4
2.38.1
2.38.2
2.27.1
2.34
4. 122
4.131(3)
8.1(2)
8.1(2)
8.3
4.135(4) (a)
8.6
13.0
14.0
Lake Cochichewick Amend.
Watershed District
SPGA Definition Amend.
General Provisions
Day Care Center
Day Care Center
Lot Width
Definition of Driveway
Established Phased Dev.
Penalty of Violation
CBA Requirements
Public/Private Education
Municipal Buildings
Sale of Ag. Products
R-1 Dist. Lot Area
Established PRD
Standards for Site Plan
Established VR District
Est. Landscape
Std., Parking in VR
Established VC District
Deleted "HELISTOP"
Est. Historic Dist
Def. Floor Area, Gross
Def. Floor Area, Net
Def. Family Suite
Amend Def. Two Family
Dwelling
Two Family Dwelling in R-
4 District
Retail Use - Industrial
Off Street Parking
Off Street Parking Table
Site Plan Review Criteria
Watershed District
Standards: Satellite
Discs
Est. Continuing Care
Retirement Center CCRC
Est. Independent Elderly
Housing
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1988/29
1988/30
1988/35
1988/37
1988/38
1988/39
1989/32
1989/33
1989/43
1990/32
1990/33
1990/34
1991/l(STM)
1991/2(STM)
1991/3(SIM)
1991/4(STM)
1991/5(STM)
1992/52
1992/56
1993/33
1993/34
1993/35
1993/36
1993/37
1993/39
2.29,4.122
2.65
4.135
8.1
8.3
8.5
2.22
2.26.1
2.27
2.30.1
2.38.3
2.40
2.43
2.52
2.61.1
7.8(3)
7.8(4)
4.125
Table 2
Beg. with
4. 121.6(b) (c)
Beg. with
4.125
2.39.1
10.14
4. 136
Table 2
8.4(6)
8.1
4.125.21
4. 125
4.133.6
8.5(6)D
4.132(11)
4.133(11)
4.122(6)b
2.22.1
4.137
Est. Congregate Housing
Def. Nursing/Convalescent
Home
Watershed Protection Dist
Amend Off Street Parking
Amend Site Plan Review
Amend PRD
Amend Auto Repair Shop
Add Building Coverage
Amend Building Height
Amend Driveway
Add Floor Area Ratio
Amend Home Occupation
Amend Lot
Amend No Cut Zone
Add Principal Structure
Amend Exceptions
Established
Est. R-6 District
Est. R-6 District
Amended to Conform
with State
Place in Order
Add Hazardous Material(s)
Add Associate Member
Planning Board
Replaced Watershed
Protection District
Amend VC District
Add Footnote 17
Add to (6) VC Screening
Amend (13) VC Parking
Add SPGA, Planning Board
Add Para 5 - Uses Allowed
by Special Permit.
Add - Special Permit &
SPGA
Amend Buffer Zone
Deleted - Helistop
Deleted - Helistop
Amend to Conform with State
Deleted - Repetitive
(2.37.1)
Amend Flood Plain
District
The Town of North Andover Zoning Bylaw, together with the Zoning
Map, adopted at the Annual Town Meeting of March 13, 1943.
Approved by the Attorney General on April 13, 1943, posted May 1,
1943.
1945 Special Town Meeting May 28, 1945 (Articles 1 and 2).
Approved by the Attorney General February 13, 1946
1946 Special Town Meeting December 23, 1946 (Articles 1 and 2).
Approved by the Attorney General February 5, 1947.
1947 Annual Town Meeting (Article 46). Approved by the Attorney
General March 28, 1947.
Special Town Meeting June 16, 1947 (Article 1). Approved by
the Attorney General November 21, 1947.
Special Town Meeting June 20, 1947 (Article 1). Approved by
the Attorney General June 25, 1947.
1949 Annual Town Meeting (Article 1).
General June 3, 1949.
Approved by the Attorney
1950 Annual Town Meeting (Article 32). Approved by the Attorney
General February 9, 1951
Special Town Meeting August 28, 1950 (Article 4). Approved
by the Attorney General January 29, 1951.
1952 Annual Town Meeting (Article 40). Approved by the Attorney
General April 16, 1952.
1953 Annual Town Meeting (Article 58). Approved by the Attorney
General April 22, 1953.
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The Town of North Andover Zoning Bylaw adopted at the Special
Town Meeting of June 30, 1956 (Article 1). Approved by the
Attorney General December 6, 1956, posted January 9, 1957
Thereafter AMENDED:
1957 Annual Town Meeting (Articles 11, 12, 14, 15, 16, 17, 20 and
22). Approved by the Attorney General June 28, 1957, posted
July 12, 1957.
Special Town Meeting, October 7, 1957 (Articles 7, 8, 10,
11, 12, 13, 14, and 15). Approved by the Attorney General
on October 19, 19, 1957, posted November 29, 1957.
1958 Annual Town Meeting (Articles 11, 12 and 13). Approved by
the Attorney General on April 28 1958 , posted May 15,
1958. '
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by the Attorney
i 1959.
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(Articles 62,63, 64 and 65). Approved
General March 31, 1959, posted April 15,
Special Tow~ Meeting, June 22, 1959 (Article 5). Approved
by the Attorney General July 16, 1959, published July 21, 22
and 23, 1959.
1960 Annual Town Meeting (Articles 79, 80, 81, 82, 83, and 85).
Approved by the Attorney General May 2 1960, posted May 10,
1960. '
Special Town Meeting, March 19, 1960 (Article 1). Approved
by the Attorney General May 2, 1960, posted May 10, 1960.
1961 Annual Town Meeting (Article 64). Approved by the Attorney
General April 10, 1961, posted April 13, 1961.
1962 Special Town Meeting, May 14, 1962 (Article 7). Approved by
the Attorney General July 12, 1962, posted July 12, 1962.
1963 Annual Town Meeting (Articles 24, 25, 26, 28, 29, 86, 87,
88, 89, 90 and 91). Approved by the Attorney General June
6, 1963, posted June 11, 1963
1964 Annual Town Meeting (Articles 53 and 54). Approved by the
Attorney General April 9, 1964, posted April 16, 1964.
1965 Annual Town Meeting (Articles 25A, 28B,
Approved by the Attorney General April 30,
4, 1965.
28C, 85 and 87).
1965, posted May
Special Town Meeting, November 8, 1965 (Article 2).
Approved by the Attorney general November 23, 1965, posted
December 1, 1965.
1966 Annual Tow~ Meeting (Article 10, 11, 12, 15, 16, 17, 18, and
19). Approved by the Attorney General April 6, 1966, posted
April 11, 1966.
1967 Annual Town Meeting (Article 75 and 77). Approved by the
Attorney General April 21, 1967, posted April 28, 1967.
Special Town Meeting March 18, 1967 (Article 10). Approved
by the Attorney General April 21, 1967, posted April 28,
1967.
Special Town Meeting, June 19, 1967 (Article 1 and 2).
Approved by the Attorney General July 11, 1967, posted July
14, 1967.
1968 Annual Town Meeting (Article 61). Approved by the Attorney
General May 20, 1968, posted May 23, 1968.
vii
Special Town Meeting April S, 1968, (~rticle 3). Approved
by the Attorney General July 2, 1968, posted July 9, 1968.
Special Town Meeting July 22, 1968 (Article 1). Approved by
the Attorney General August 1, 1968, posted August 6, 1968.
Special Town Meeting September 30, 1968
Approved by the Attorney General October 9,
October 15, 1968.
(Article 9).
1968, posted
1969 Special Town Meeting January 9, 1969 (Article 4). Approved
by the Attorney General January 28, 1969, posted February 4,
1969.
Annual Town Meeting March 3, 1969 (Article 22 and 76).
Approved by the Attorney General May 28, 1969, posted June
9, 1969.
1970 Annual Town Meeting (Article 32 and 33). Approve by the
Attorney General May 12 1970, posted June 5, 1970
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Special Town Meeting August 24, 1970 (Article 1). Approved
by the Attorney General December 1 1970, posted December 4,
1976. '
1971 Annual Town Meeting (Article 68, 69, and 72). Approved by
the Attorney General April 22, 1971, posted April 26, 1971.
1972 Annual Town Meeting Articles 59, 62, and 63). Approved by
the Attorney General June 9, 1972, posted June 14, 1972.
Town of North Andover Zoning Bylaw adopted at the Special Town
Meeting of June 5, 1972 (Article llA and llB). Approved by the
Attorney General on August 2, 1972, posted August 4, 1972.
Thereafter amended:
1972 SDecial Town Meeting, December 18, 1972 (Articles 1 and 2).
Approved by Attorney General April 4, 1973, posted April 10,
1973)
1973 Annual Town Meeting (Article 11).
General May 5, 1973.
Approved by Attorney
Special Town Meeting June 25, 1973 (Article 6 and 7).
Approved by Attorney General August 29, 1973, posted Sept.
4, 1973.
1974 Annual Town Meeting (Article 13, 14, 15, 16, 17, 18, 19, 20,
21, and 22). Approved by Attorney General May 21, 1974,
posted May 28, 1974.
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1975 Annual Town Meeting (Articles 29, 30, 48 and 49). Approved
by Attorney General July 7, 1975, posted July 10, 1975.
Zoning Map amended to include I-3 District, description of
which is on file with the Town Clerk.
1976 Annual Town Meeting (Articles 35, 36 and 86). Approved by
Attorney General August 3, 1976, posted Sept. 3, 1976.
Special Town Meeting Nov. 23, 1976 (Article 9). Approved by
Attorney General Dec. 12, 1976, posted Dec. 21, 1976.
1978 Annual Town Meeting (Article 68 and 70). Approved by
Attorney General August 30, 1978.
Special Town Meeting June 26, 1978 (Articles 4 and 6).
Approved in accordance with M.G.L. Ch. 40, S.32, posted Oct.
30, 1978.
1979 Annual Town Meeting (Articles 50, 51, and 52).
the Attorney General Aug. 23, 1979.
1980 A~nual Town Meeting (Articles 93, 94, and 98).
the Attorney General Aug.7, 1980.
Approved By
Approved by
1981 Annual Town Meeting (Articles 67, 68, 69, 71, 72, 74, 75,
76, and 77). Approved by Attorney General Aug 3, 1981,
posted Aug. 6, 1981.
1982 Annual Town Meeting (Article 80, 81, 82, 83, 84, 85, 88, 89,
and 93). Approved by the Attorney General July 27, 1982.
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1983 Annual Town Meeting (Articles 77, 78, 79, 80, 81, 82, 83,
85, 86, 8?, 88, 89, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100,
101, 102, 103, 107, 109, and 110. Approved by the Attorney
General May 24, 1983.
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Special Town Meeting Oct. 27, 1983 (Article 6). Approved by
the Attorney General Dec. 20, 1983
I 1984 Annual Town Meeting (Article 92, '94, 96, 97, 98, 99, 100,
101, 104, 105). Approved by the Attorney General July 31,
1984.
1985 Annual Town Meeting (Articles 12,
20, 21, 22, 23, 24, 25, and 26).
General July 25, 1985.
13, 14, 15, 16, 17, 18,
Approved by the Attorney
1986 Annual Town Meeting (Articles 13, 15, 16, 17, 18, 100, 103,
104, 105, and 108). Approved by the Attorney General July
29, 1986, posted July 30, 1986.
1987 Annual Town Meeting (Articles 8, 9, 10, 11, 14, 16, 20, 21,
23, 24, 25, 26, 27, 28, 29, 83, 84, 90, and 91). Approved by
the Attorney General Nov. 27, 1987.
1988 Annual Town Meeting (Article 27, 28, 29, 30, 35, 37, 38, 39,
and 48). Approved by the Attorney General July 28, 1988.
1989 Annual Town Meeting (Articles 32, 33, 38, 39, 40, 41, and 44.
Article 43 amended). Approved by the Attorney General July
28, 1989, posted Aug. 1, 1989.
1990 Annual Town Meeting (Articles 32, 33, 34, 35, 36, 37, and 41).
Approved by the Attorney General Aug 24, 1990, posted Aug. 28.
1990.
1991 Special Town Meeting January 29, 1991 (Articles 1, 2, 3, 4,
and 5). Approved by the Attorney General Mar. 14, 1991,
posted Mar. 15, 1991.
1992 Annual Town Meeting May 4, 1992 (Articles 50, 51, 52 and 56).
Approved by the Attorney General August 5, 1992, posted August
10, 1992.
1993 Annual Town Meeting May 3, 1993 (Articles 33, 34, 35, 36, 37,
38, 39 and 66). Approved by Attorney General August 27, 1993,
posted August 30, 1993.
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SECTION I PURPOSES
The purpose of this Bylaw is the promotion of the health, safety,
convenience, morals and welfare of the inhabitants of the TOwn of
North Andover, as provided by Chapter 40-A of the General Laws of
the Commonwealth of Massachusetts, as amended by Chapter 808,
Acts of 1975, and as they may be further amended, by.regulating
and restricting the use of land and buildings, thereby.
1. encouraging the most appropriat~ use of land;
2. preventing overcrowding of land,
3. conserving the value of land and buildings;
4. lessening congestion of traffic;
5. preventing undue concentration of population;
6. providing adequate light and air; .
7. reducing the ~azards from fire and other danger,
8. assisting in the economical provision of
transportation, w~ter, sewerage, schools, parks, and
other pu?lic facilities;
9. ~~s~he use of bodies of water, including
11. reserving and increasing the amenities of the Town.
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SECTION 2 DEFINITIONS
2.1 General
For the purpose of this Bylaw, certain words or phrases herein
shall be interpreted as follows, except where the context clearly
indicates the contrary: words used in the singular include the
plural, words used in the present tense include the future tense,
the word "person" includes a corporation as well as an individual,
the word "lot" includes the word "plot" or "parcel", the word
"shall" is always mandatory and the word "used" or "occupied,, as
applied to any land or buildings shall be construed to include the
words "intended, arranged or designed to be used or occupied".
2.2 Specific Words and Phrases
For the purpose of this Bylaw, the following words and terms used
herein shall have the meanings or limitations of meaning hereby
defined, explained or assigned.
2.21
Accessory Use or Structure
A use Or structure subordinate to the principal use of
a building on the same lot and serving a purpose customarily
incidental to the use the principal building.
2.22
Automobile Repair Shop (1989/32)
A building or part cf a building in which repairs are made to
motor vehicles.
2.23 Automobile Service Station
A building or place of business where gasoline, oil and
greases, batteries, tires, and automobile accessories are
supplied and dispensed directly to the motor vehicle trade, at
retail and where minor repair service is rendered.
2.24 Body Shop
A building, or part thereof, used for structural repairs and
-refinishing of motor vehicles for remuneration.
2.25 Board Of Appeals
The Board of Appeals of the Town of North Andover as governed
by the General Laws of Massachusetts.
2.26 Building
A structure having a roof supported by columns or walls for
the shelter, support, or enclosure of persons, animals, or
property.
2.1
2.26.L Bu~ldlng Coverage (L989/32)
The horizontal area measured within the outside of the
exterior walls of the ground floor for all principal and
accessory buildings on a lot.
2.27 Building Height
The vertical distance measured from the lowest point of the
finished grade at any location of the building to the highest
point of the roof, but shall not include chimneys, spires or
mechanical equipment, or penthouses used for enclosures of
mechanical equipment.
2.28 Building, Principal
A building in which is conducted the main or principal use of
the lot on which said building is situated.
2.29 Car Wash
An area of land and/or a structure with machine or hand
operated facilities used principally for the cleaning,
washing, polishing or waxing of motor vehicles.
2.29.1 Congregate Housing
A non-institutional residential shared living environment
which integrates shelter and services needed by the
functionally impaired or socially isolated elder (age 55 or
older) who does not require the constant supervision or
intensive health care services provided in an institution.
shared living environment must include at least two of the
following: a) shared accessible community space, b) shared
kitchens, c) shared dining facilities, or d) shared bathing
facilities.
2.29.2 Day Care Center (1985/21)
Any facility operated on a regular basis whether known as a
day nursery, nursery school, kindergarten, child play school,
progressive school, child development center, or pre-school,
or known under any other name, which received children not of
common parentage under seven (7) years of age, or under
sixteen (16) years of age if such children have special needs,
or non-residential custody and care during part or all of the
day separate from their parents or the elderly 60 years of age
or older. Day Care Center shall not include any part of a
public school system; any part of a private organized
educational system, unless the services of such system are
primarily limited to kindergarten, nursery or related pre-
school services; a Sunday school conducted by a religious
organization where children are cared for during short periods
of time while persons responsible for such children are
2.2
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attending religious services; a family day care home; an
informal cooperative arrangement among neighbors or relatives;
or the occasional care of children with or without compensation
thereof.
2.3 Distriot
A district or a zone shall be any portion of the territory of
the Town of North Andover within which certain uniform
regulations and requirements or various combinations thereof
shall be applied under the provisions of this Bylaw.
2.30.1 Driveway (1989/32)
A way located on a lot which provides vehicular access to
the buildings on the lot. Each driveway shall service no
more than one lot. Subject to the granting of a Special
Permit from the Planning Board, a driveway may be shared
by not more than two (2) lots. Each such shared driveway
must be regulated by a recorded maintenance agreement
running in perpetuity with the land.
2.31 Dwelling
Any building or portion thereof designed or used as the
residence or sleeping place of one or more persons, except a
mobile home and as otherwise provided herein.
2.32
Dwelling, Multi-Pamily
A building used or designed as a residence for three or more
families living independently of each other and doing their
own cooking therein (same as "apartment").
2.33
Dwelling, One Family
A dwelling built single and apart from any other building and
intended and designed to be occupied and used exclusively for
residential purposes by one family.
2.34
Dwelling, Two Family
A free standing building intended and designed to be occupied
and used exclusively for residential purposes by each of not
more than two families (same as "duplex"). The principal
building in a two family dwelling conversion shall share a
connected common wall (or floor) for at least 75% of the wall's (or
floor's) surface. No unheated structure, no structure without
foundation and no structure which is entirely or partially a garage
shall be considered as meeting the 75% requirement.
2.3
2.35
Dwelling Unit
One or more rooms, including cooking facilities, and sanitary
facilities in a dwelling structure, designed as a unit for
occupancy by not more than one family for living and sleeping
purposes.
2.36 Erected
The word "erected" shall include the words "built", "constructed",
"reconstructed,,, "altered", "enlarged", and
"moved".
2.37 Family
One or more persons occupying the same premises and living as
a single housekeeping unit as distinguished from a group
occupying a boarding house, lodging house, club, fraternity or
hotel.
Family Suite (1987/22)
A separate dwelling unit located within a single family
dwelling subordinate in size to the principal unit and
separated from it in a manner which maintains the appearance
of the building as a single family dwelling. The size of the
family suite is not to exceed 1200 square feet or not more
than 25% of the gross floor area of the principal unit,
whichever is lesser. The family suite may only be occupied by
brothers, sisters, maternal parents and grandparents, in-laws
and or children of the residing owners of the principal
dwelling unit. In no case shall an apartment be smaller that
the minimum required by health and building codes.
2.38 Frontage
The continuous distance between lot sidelines measured along
the street line.
2.38.1 Floor Area, Gross (1987/20)
Gross floor area shall be the floor area within the perimeter
of the outside walls of the building without deduction for
hallways, stairs, closets, thickness of walls, columns or
other features.
2.38.2 Floor Area, Net (1987/21)
Net floor area shall be actual occupied area(s) not to include
hallways, stairs, closets, thickness of walls, column or other
features which are not occupied areas.
2.4
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2.38.3 Floor 3~cea Ratio (1989/32)
The ratio of the floor area to the lot area, as determined by
dividing the gross floor area by the lot area.
2.39 Guest House
A dwelling in which overnight accommodations are provided or
offered for transient guests for compensation. The term
"g~est house" shall be deemed to include tourist home, but not
hotel, motel or multi-family dwelling.
2.39.1 Hazardous Material(s) (1990/34)
Any Chemical or mixture of such physical, chemical, or
infectious characteristics as to pose a significant, actual or
potential, hazard to water supplies, or other hazard to human
health, if such substance or mixture were discharged to land
in waters of the Town, including but not limited to organic
chemicals, petroleum products, heavy metals, radioactive or
infectious wastes, acids and alkalis, and all substances
defined as Toxic or Hazardous under M.G.L. Chapter 21C and 21E
and those chemicals on the list in Committee Print Number 99-
169 of the Senate Committee on Environment and Public Works,
titled "Toxic Chemicals Subject to Section 313 of the
Emergency Planning and Community Right-to-Know Act of 1986:
(including any revised version of the list as may be made
pursuant to subsection (d) or (e)).
2.40
Home Occupation (1989/32)
An accessory use conducted within a dwelling by a resident who
resides in the dwelling as his principal address, which is
clearly secondary to the use of the building for living
purposes. Home occupations shall include, but not limited to
the following uses; personal services such as furnished by an
artist or instructor, but not occupation involved with motor
vehicle repairs, beauty parlors, animal kennels, or the
conduct of retail business, or the manufacturing of goods,
which impacts the residential nature of the neighborhood.
2.41
Hotel or Motel
A building designed for occupancy as the temporary residence
of individuals who are lodged with or without meals and in
which no provision is made for cooking in any individual room
or suite.
2.41.1 Independently Elderly Housing
A multi-family residential structure each with separate access
and restricted to individuals or couples at least 55 years of
age or older. This definition shall not be construed to
prevent mentally or physically impaired people from living
2.5
with an occupant or occupants of an independent elderly
housing unit.
2.42 L~ading Bay
An opening in a building not less than ten feet in width and
nine feet in height including a platform for loading and
unloading goods, merchandise or other materials.
2.43 Lot (1989/32)
An area of land in single or consolidated ownership whichcontains
definite boundaries and ascertainable by a recorded
deed in the Essex County Registry of Deeds Office.
2.44 Lot, Corner
A lot abutting upon two (2) or more streets at their
intersection.
2.45 Lot Lines
The property lines bounding the lot.
2.46 Lot Line, Front
The line separating the lot from a street.
2.47 Lot Line, Rear
The lot line opposite and most distant from the front lot
line.
2.48 Lot Line Side
Any lot line other than a front or rear lot line.
2.49 Lot Line, Street
A lot line separating the lot from a street or alley (usually
the front lot line).
2.50 Mean High Water Mark
(Lake Cochichewick) an elevation of 113.67 on the United
States Coast and Geodetic Survey datum.
2.51 Medical Center
A building or group of buildings designed for the individual
or group practice of medicine or dentistry, but not including
hospitals or nursing homes.
2.6
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2.52 No Cut Sone (1989/32)
An area which is left in its natural condition, which shall
not be disturbed by any means which includes but not limited
to the cutting of trees or understory.
2,53
Non-Confoz-ming Use
A building, structure or use legally existing and/or used at
the time of adoption of this Bylaw, or any amendment thereto,
and which does not conform with the use regulations of the
district in which located.
2.54
Office, Business
A primary use consisting of office activities of any type,
including business and financial office activities (including
banks and financial institutions) and professional office
activities.
2.55 Office, Professional
A primary use consisting of office activities by a doctor,
dentist, architect, lawyer, engineer or other professional
person or persons.
2.56
Parking Area, Private
An open area for the same uses as a private parking garage.
2.57
Parking Garage, Private
A structure use for the parking of automobiles and available
to employees, clients or customers whether for a fee or free.
2.58
Parking Garage, Public
Any parking garage, other than a private parking garage, which
is open to the public and used for the storage of motor
vehicles.
2.59
Personal Service Establishment
An establishment providing personal services to the public
such as shoe repair, barbering dry cleaning, etc.
2.60
Place of Worship
A church, temple, synagogue, mosque or other similar place of
worship, including parish house, rectory, or convent.
2.7
2.61
Planning Board
The Planning Board of the Town of North Andover as governed by
the General Laws of Massachusetts.
2.61.1 Principal Structure (1989/32)
The structure on a lot of record which contains the primary
use of the lot. A principal use shall not be contained within
an accessory structure as defined in the Bylaw.
2.62
Public Building or Use
A building or use owned or operated by a local, county, state
or federal government agency.
2.63
Rooming House
Any building or portion thereof containing more than two and
less than ten rooms without kitchen facilities that are used,
rented or hired out to be occupied for sleeping purposes for
compensation, whether the compensation be paid directly or
indirectly.
2.64
Special Permit
The words Special Permit where used in this Bylaw shall mean
a permit granted under the guidelines of Section 9 of Chapter
40-A of the General Law.
2.65
Special Permit Granting Authority
The Planning Board shall be the granting authority of all
Special Permits to Cluster Development, Planned Development
District, (1985/15) driveways, nursing and convalescent homes
and large estate condominium conversions. The Board of
Selectmen shall be the granting authority of all Special
Permits pertaining to non-accessory signs as specified in
Section 6.52 of this Bylaw. The Board of Appeals shall be the
granting authority of all other Special Permits allowed in
this Zoning Bylaw.
2.66
Special Permit Unit
A use of a building or lot or an action upon premises which
may be permitted under this Bylaw only upon application to the
appropriate Special Permit Granting Authority for a Special
Permit and subject to the approval of such Permit Granting
Authority and the conditions stipulated.
2.67 Street
A public way or a private way open to travel by the general
public, or a way shown on a plan of a subdivision theretofore
2.8
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duly approved by the Planning Board.
2.68 Structure
Means a combination of materials to form a construction that
is safe and stable, including, among others, buildings,
stadiums, tents, reviewing stands, platforms, staging,
observation towers, radio towers, water tanks, towers, private
and public swimming pools, trestles, piers and wharves, sheds,
shelters, fences and walls, and display signs~ the term
structure shall be construed as if followed by the words "or
part thereof,,.
2.69 Town House
An attached house in a row of three or more such houses
capable of being sold as an independent dwelling with its own
lot, as provided by this Bylaw.
2.70 Tributary
Any portion of any brook, stream, bog, swamp, or pond which
flows into Lake Cochichewick.
2.71 Yard (Setback)
An open space which lies between the principal building or
group of buildings and a lot line.
2.72
Yard, Front (Setback)
An open space extending across the entire width of a lot
between any-building thereon and the street lot line of the
lot on which such building stands.
2.73
Yard, Rear (Setback)
An open space extending across the entire width cf a lot
between the rear of any building thereon and the rear lot line
of the lot on which such building stands.
2.74 Yard, Side (Setback)
An open space between the side line of a lot and the adjacent
side of any building thereon, such open space being understood
to cover the entire extent between the front yard and the rear
yard of such a lot.
2.75 (1985/25) See 2.30.1
2.76 'Planned Development District
Planned Development District - A Planned Development
District shall mean development of an area of land as a single
2.9
entity, which lies in an Industrial-S (I-S) District, in which
a mixture of residential, open space, commercial, and/or
industrial uses, and a variety of building types and designs
are determined to be sufficiently advantageous to render it
appropriate to grant a Special Permit to depart from the
normal requirements of the district in which the PDD is to be
located, to the extent authorized by this Zoning Bylaw.
Usable Open Space - The part or parts of land or structure
within the PDD which are reserved for active or passive
recreation use. This space shall exclude parking areas,
driveways, and walkways and open areas in commercial areas
such as cafes and shall be open and unobstructed to the sky.
Trees, plantings, arbors, fences, sculpture, fountains,
swimming pools, open-air recreational facilities, laundry
apparatus and similar objects shall not be considered
obstructions.
2.77
Public Parking Area
A parking area owned and maintained by the Town of North Andover.
2.10
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SECTION 3
ZONING DISTRICTS AND BOUNDARIES
3.1
Establishment of Districts
The Town of North Andover is hereby divided into zoning districts
designated as follows:
Residence 1 District
Residence 2 District
Residence 3 District
Residence 4 District
Village Residential District
Residence 5 District
Residence 6 District
Business 1 District
Business 2 District
Business 3 District
Business 4 District
Village Commercial District
General Business District
Industrial 1 District
Industrial 2 District
Industrial 3 District
Industrial S District
FloOd Hazard District
Watershed Protection District
(R-l)
(R-2)
(R-3)
(R-4)
(VR)
(R-5)
(~-3)
(B-4)
(VC)
(G-B)
(Z-l)
(I-2)
(I-3)
<z-s)
3.2 Zoning Map
The zoning districts established by this Bylaw are bounded as
shown on a map dated May 12, 1972, as the same may be adopted by
the Town, and as it may hereafter be amended. Said map
accompanies and is hereby made a part of this Bylaw. Any land
area not designated upon said map as being within another zoning
district shall be within the Residence-2 District.
The Flood Plain District is defined as all areas so designated on
maps entitled "Flood Insurance Rate Maps" (FIRM) and Flood
Boundary and Floodway Map dated June 15, 1983 and as it may
hereafter be amended, on file with the Town Clerk, incorporated
by reference herein.
3.1
3.3
Distric~ Boundaries
Where uncertainty exists as to the boundaries of any of the
aforesaid districts as shown on the Zoning Map, the Building
Inspector shall determine the location of such boundaries. In
reaching any such determination, the Building Inspector may
properly rely upon the accuracy of the land area descriptions
appearing in the Zoning Bylaw adopted by the Town in 1956, and as
thereafter amended, insofar as any of them may be pertinent
thereto.
3.4
Historic Districts (1987/16)
Historic Districts established pursuant to the provisions of
M.G.L. Chapter 40C, as may be from time to time amended, shall be
indicated on the Zoning Map by appropriate symbol.
3.2
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SECTION 4
BUILDINGS AND USES PERMITTED
4.1
District Use Regulations
4.11
General Provisions
In the zoning districts above specified, the following
designated buildings and alterations and extensions thereof
and buildings accessory thereto and the following designated
uses of land, buildings, or part thereof and uses accessory
thereto are permitted. All other buildings and uses are
hereby expressly prohibited except uses which are similar in
character to the permitted uses shall be treated as requiring
a Special Permit (1985/26)
When a lot in one ownership is situated in part in the Town of
North Andover and in part in an adjacent town or city, the
provisions, regulations 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.
When a zoning district boundary divides a lot of record on
June 5, 1972 in one ownership, all the zoning regulations set
forth in this Zoning Bylaw applying to the greater part by
area of such lot so divided may, by Special Permit, be deemed
to apply and govern at and beyond such zoning district
boundary, but only to an extent not more than one hundred
(100) linear feet in depth (at a right angle to such boundary)
into the lesSer part by area of such lot so divided.
Accessory uses, as defined herein, shall be on the same lot
with the building of the owner or occupant, and shall be such
as not to alter the character of the premises on which they
are located nor impair the neighborhood. Where manufacturing
of any kind is allowed as an accessory use, it shall be
restricted to such light manufacturing as is incidental to a
permitted use and where the product is customarily sold on the
premises by the producer to the customer.
No private or public (1895/20) way giving access to a building
or use or not permitted in a residential district shall be
laid out or constructed so as to pass through a residential
district.
4.1
4.12
4 · 121
Permitted Uses
Residence 1 District
Residence 2 District
Residence 3 District
One family dwelling, but not to exceed one dwelling on any one
lot.
Place of worship.
Rooming house, renting rooms for dwelling purposes or
furnishing table board to not more than four (4) persons not
members of the family resident in a dwelling so used, provided
there be no display or advertising on such dwelling or its lot
other than a name place or sign not to exceed six (6) inches
by twenty-four (24) inches in size, and further provided that
no dwelling shall be erected or altered primarily for such
use.
For use of a dwelling in any residential district or
multi-family district for a home occupation, the following
conditions shall apply:
Ce
fe
Not more than a total of three (3) people may be employed
in the home occupation, one of whom shall be the owner of
the home occupation and residing in said dwelling;
The use is carried on strictly within the principal
building;
There shall be no exterior alterations, accessory
buildings, or display which are not customary with
residential buildings;
Not more than twenty-five (25) percent of the existing
gross floor area of the dwelling unit so used, not to
exceed one thousand (1000) square feet, is devoted to
such use. In connection with such use, there is to be
kept no stock in trade, commodities or products which
occupy space beyond these limits;
There will be no display of goods or wares visible from
the street;
The building or premises occupied shall not be rendered
objectionable or detrimental to the residential character
of the neighborhood due to the exterior appearance,
emission of odor, gas, smoke, dust, noise, disturbance,
or in any other way become objectionable or detrimental
to any residential use within the neighborhood;
Any such building shall include no features of design not
customary in buildings for residential use.
4.2
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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 premises upon which they are
placed.
Agriculture, horticulture, floraculture, viviculture or
silvaculture. (1986/100).
On any lot of at least three (3) acres, the keeping of a
total of not more than three (3) of any kind or
assortment of animals or birds in addition to the
household pets of a family living on such lot, and for
each additional acre of lot size to five (5), the keeping
of one additional animal or bird but not the keeping of
any animals, birds or Dets of persons not resident on
such lot. (1993/36)
On any lot of at least five (5) acres, the keeping of any
number of animals or birds regardless of ownership and
the operation of equestrian riding academies, stables,
stud farms, and poultry batteries.
The sale of products raised as a result of the above uses
on the subject land. (1986/100).
The sale of products of agriculture, horticulture,
floraculture, viviculture or silvaculture as well as
accessory or customary items, by any person who is
primarily engaged in any of the above activities. The
operation must be on at least ten (10) contiguous acres
used primarily for any of these activities. (1986/100).
Swimming pools in excess of two (2) feet deep shall be
considered a structure and permitted provided they are
enclosed by a suitable wall or fence at least four (4) feet in
height to be determined by the Building Inspector to prevent
the entrance of persons other than those residing at the pool
location. Pools shall have-a minimum ten (10) foot setback
from side and rear lot lines and be located no nearer the
street than the building line of the dwelling, except by
Special Permit.
Museums.
Public and private non-profit educational facilities.
(1986/17)
Private for profit educational facilities by Special
Permit. (1986/17)
10. Public building and public service corporations (Special
Permit required), but not including public works garages.
11. Golf Course.
4.3
12.
13.
14.
15.
16.
17.
18.
19.
20.
Swim~ing and/or tennis clubs shall be permitted with a Special
Permit.
Cemetery.
Nursing and convalescent home - see dimensional requirements
of Table 2 (Special Permit required).
Municipal recreational areas.
Any accessory use customarily incident to any of the above
permitted uses, provided that such accessory use shall not be
injurious, noxious, or offensive to the neighborhood.
Family Suite - a separate dwelling unit within or attached to
a dwelling for a member of a household is allowable by Special
Permit provided:
bo
The dwelling unit is not occupied by anyone except
brothers, sisters, maternal and paternal parents and
grandparents, or children of the residing owners of the
dwelling unit;
That the premises are inspected annually by the Building
Inspector for conformance to this section of the Bylaw;
The Special Permit shall be recorded at the North Essex
Registry of Deeds.
Accessory buildings no larger than sixty-four (64) square feet
shall have a minimum five (5) foot setback from side and rear
lot lines and shall be located no nearer the street than the
building line of the dwelling.
Day Csre Center by Special Permit. (1985/23)
Independent Elderly Housing by Special Permit in Residence
District 3 only.
Residence 4 District
1. One residential building per lot.
2. Place of Worship.
Renting rooms for dwelling purposes or furnishing table board
to not more than four (4) persons not members of the family
resident in a dwelling so used, provided there be no display
or advertising on such dwelling or its lot other than a name
plate or sign not to exceed six (6) inches by twenty-four (24)
inches in size, and further provided that no dwelling shall be
erected or altered primarily for such use.
4.4
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For the use of a dwelling in any residential district or
multi-family district for a home occupation, the following
conditions shall apply:
Not more than a total of three (3) people may be
employed in the home occupation, one of whom shall be the
owner of the home occupation and residing in said
dwelling;
DJ
The use is carried on strictly within the principal
building;
There shall be no exterior alterations, accessory
building, or display which are not customary with
residential buildings;
Not more than twenty-five (25) percent of the existing
gross floor area of the dwelling unit so used, not to
exceed one thousand (1000) square feet, is devoted to
such use. In connection with such use, there is to be
kept no stock in trade, commodities or products which
occupy space beyond these limits;
ee
There will be no display of goods or wares visible from
the street;
The building or premises occupied shall not be rendered
objectionable or detrimental to the residential character
of the neighborhood due to the exterior appearance,
emission of odor, gas, smoke, dust, noise, disturbance,
or in any other way become objectionable or detrimental
to any residential use within the neighborhood;
Any such building shall include no feature of design not
customary in buildings for residential use.
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 dale of the premises upon which they are
placed.
Farming of field crops and row crops, truck gardens,
orchards, plant nurseries, and greenhouses.
be
On any lot of at least three (3) acres, the keeping of a
total of not more than three (3) of any kind or
assortment of animals or birds in addition to the
household pets of a family living on such lot, and for
each additional acre of lot size to five (5) acres, the
keeping of one additional animal or bird; but not the
keeping of any animals, birds or pets of persons not
resident on such lot.
4.5
10.
11.
12.
13.
14.
on any lot of at least five (5) acres the keeping of any
number of animals or birds regardless of ownership and
the operation of equestrian riding academies, stables,
stud farms, dairy farms, and poultry batteries.
The sale of products raised as a result of the above uses
on the subject land.
swimming pools in excess of ~wo (2) feet deep shall be
considered a structure and permitted provided they are
enclosed by a suitable wall or fence at least four (4) feet in
height to be determined by the Building Inspector to prevent
the entrance of persons other than those residing at the pool
location. Pools shall have a minimum ten (10) foot setback
from side and rear lot lines and be located no nearer the
street than the building line of the dwelling, except by
Special Permit.
Museums.
Public and private non-profit educational facilities.
(1986/17)
Private for profit educational facilities by SpeCial
Permit. (1986/17)
Municipal building or use, and public service corporation use
(Special Permit required). (1986/18)
Golf course.
Swimming and/or tennis clubs shall be permitted with a Special
Permit.
Cemetery.
One or two-family dwellings, including the right to convert
any existing dwelling to accommodate not more than five (5)
family units by Special Permit from the Zoning Board of
Appeals after a public hearing with due notice given,
provided:
No major exterior structural changes shall be made which
alter the character of the existing neighborhood. The
right to convert shall apply to any dwelling under the
ownership of one single person, partnership or
corporation to be converted for use as a dwelling of not
more than five (5) family units, and meeting all
requirements of the State and Town Statues and Bylaws,
including the Health Codes, Building Codes, Zoning Laws,
and Zoning Bylaws.
be
Stairways leading to the second or any higher floor shall
be enclosed. (1987/24)
4.6
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15.
16.
17.
18.
19.
20.
21.
Municipal recreational areas.
Guest or rooming houses.
4. 123
1.
2.
3.
Nursing and convalescent homes - see dimensional requirements
of Table 2 (Special Permit required).
Any accessory use customarily incident to any of the above
permitted uses, provided that such accessory us shall be not
injurious, noxious, or offensive ts the neighborhood.
Accessory buildings no larger than sixty-four (64) square feet
shall have a minimum five (5) foot setback from side and rear
lot lines and shall be located no nearer the street than the
building line of the dwelling.
Day Care Center by Special Permit. (1985/23)
Congregate Housing for Elders - Special Permit
In the R-4 zone the Planning Board may grant a Special
Permit for congregate housing consistent with Special
Permit criteria and procedures set forth in Section 10.3
of this Bylaw.
The maximum allowable FAR for congregate housing shall be
0.30 in the R-4 District (seven (?) units).
In no instance shall any new or pre-existing building
used for congregate elderly housing have more than
fourteen (14) dwelling units.
Ail dimensional criteria established in Section 7, Table
2 Summary of Dimensional Regulations shall apply to all
structures used for congregate housing purposes.
Village Residential District (1987/11)
Single family residential structures.
Two family residential structures.
Multi-family residential structures, not exceeding five (5)
dwelling units per structure.
Place of worship.
Renting rooms for dwelling purposes or furnishing table board
to not more than four (4) persons not members of the family
resident in a dwelling so sued, provided there be no display
or advertising on such dwelling or its lot other than a name
plate or sign not to exceed six (6) inches by twenty-four (24)
inches in size, and further provided that no dwelling shall be
erected or altered primarily for such use.
4.7
For the use of a dwelling in any residential district or
multi-family district for a home occupation, the following
conditions shall apply:
ae
Not more than a total of three (3) people may be employed
in the home occupation, one of whom shall be the owner of
the home occupation and residing in said dwelling.
The use is carried on strictly within the principal
building.
There shall be no exterior alterations, accessory
building, or display which are not customary with
residential buildings.
Not more than twenty-five (25) percent of the existing
gross floor area of the dwelling unit so used, not to
exceed one thousand (1000) square feet, is devoted to
such use. In connection with such use, there is to be
kept no stock in trade, commodities, or products which
occupy space beyond these limits.
There will be no display of goods or wares visible from
the street.
The building or premises occupied shall not be rendered
objectionable or detrimental to the residential character
of the neighborhood due to the exterior appearance,
emissions of odor, gas, smoke, dust, noise, disturbances,
or on any way become objectionable or detrimental to any
residential use within the neighborhood.
Any such building shall include no feature of design not
customary in building for residential use.
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 premises upon which they are
placed.
Farming of field crops and row crops, truck gardens,
orchards, plant nurseries, and greenhouses.
On any lot of at lest three (3) acres, the keeping of a
total of not more than three (3) of any kind or
assortment of animals or birds in addition to the
household pets of a family living on such lot, and for
each additional acre of lot size to five (5) acres, the
keeping of one additional animal or birds; but not the
keeping of any animals, birds or pets of persons not
resident of such lot.
4.8
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10.
11.
12.
13.
14.
15.
16.
Ct
on any lot of at least five (5) acres the keeping of any
number of animals or birds regardless of ownership and
the operation of equestrian riding academies, stables,
stud farms, dairy farms, and poultry batteries.
The sale of products raised as a result of the above uses
on the subject land.
Swimming pools in excess of two (2) feet deep shall be
considered a structure and permitted provided they are
enclosed by a suitable wall or fence at least four (4) feet in
height to be determined by the Building Inspector to prevent
the entrance of persons other than those residing at the pool
location. Pools shall have a minimum ten (10) foot setback
from side and rear lot lines and be located no nearer the
street than the building line of the dwelling, except by
Special Permit.
Museums.
Educational facilities.
Municipal building and public service corporation use (Special
Permit required).
Golf course.
Swimming and/or tennis clubs shall be permitted with a Special
Permit.
Cemetery.
One or two-family dwellings, including the right to convert an
existing dwelling to accommodate not more than five (5) family
units by Special Permit from the Zoning Board of Appeals after
a public hearing with due notice given, provided:
ae
NO major exterior structural changes shall be made. The
right to convert shall apply to any dwelling under the
ownership of one single person, partnership, or
corporation to be converted for use as dwellings of not
more than five (5) family units, and meeting all
requirements of the State and Town Statues and Bylaws,
including Health Codes, Safety Codes, Building Codes,
Zoning Laws and Zoning Bylaws.
Stairways leading to the second or any higher floor shall
be enclosed.
17. Municipal recreational acres.
18. Guest or rooming houses.
4.9
19. Nursing and convalescent homes - see dimensional requirements
of Table 2 (Special Permit required).
20.
Any accessory building no larger than sixty-four (64) square
feet shall have a minimum five (5) foot setback from side and
rear lot lines and shall be located no nearer the street than
the building line of the dwelling.
21. Day Care Center by Special Permit (1985/23)
4.124 Residenoe 5 District
1. One-family dwelling.
2. Place of worship.
e
Renting rooms for dwelling purposes or furnishing table board
to not more than four (4) persons not members of the family
resident in a dwelling so used, provided there be no display
or advertising on such dwelling or its lot other than a name
plate or sign not to exceed six (6) inches by twenty-four (24)
inches in size, and further provided that no dwelling shall be
erected or altered primarily for such use.
For the use of a dwelling in any residential district or
multi-family district for a home occupation, the following
conditions shall apply:
ae
Not more than a total of three (3) people may be employed
in the home occupation, one of whom shall be the owner of
the home occupation and residing in said dwelling:
ma
The use is carried on strictly within the principal
building;
Ce
There shall be no exterior alterations, accessory
buildings, or display which are not customary with
residential buildings;
Not more than twenty-five (25) percent of the existing
gross floor area of the dwelling unit so used, not to
exceed one thousand (1000) square feet, is devoted to
such use.
In connection with such use, there is to be kept no stock
in trade, commodities or products which occupy space
beyond these limits;
There will be no display of goods or wares visible from
the street;
The building or premises occupied shall not be rendered
objectionable or detrimental to the residential character
of the neighborhood due to the exterior appearance,
4.10
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emission of odor, gas, smoke, dust, noise, disturbance,
or in any other way become objectionable or detrimental
to any residential use within the neighborhood;
Any such building shall include no feature of design not
customary in buildings for residential Use.
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 premises upon which they are
placed.
Ce
Farming of field crops and row crops, truck gardens,
orchards, plant nurseries and greenhouses.
On any lot of at least three (3) acres, the keeDing of a
total of not more than three (3) of any kind or
assortment of animals or birds in addition to the
household pets of a family living on such lot, and for
each additional acre of lot size to five (5) acres, the
keeping of one additional animal or birds; but not the
keeping of any animals, birds, or pets of persons not
resident on such lot.
On any lot of at least five (5) acres, the keeping of any
number of animals or birds regardless of ownership and
the operation of equestrian riding academies, stables,
stud farms, dairy farms, and poultry batteries.
The sale of products raised as a result of the above uses
on the subject land.
Swimming pools in excess of two (2) feet deep shall be
considered a structure and permitted provided they are
enclosed by a suitable wall or fence at least four (4) feet in
height to be determined by the Building Inspector to prevent
the entrance of persons other than those residing at the pool
location. Pools shall have a minimum ten (10) foot setback
from side and rear lot lines and be located no nearer the
street than the building line of the dwelling, except by
Special Permit.
Museums.
Public building or use and public service corporations
(Special Permit required), but not including public works
garages.
10. a.
be
Public and private non-profit educational facilities
(1986/17)
Private for profit educational facilities by Special
Permit. (1986/17)
I 4.11
11. Golf Course.
12. Swimming and/or tennis clubs shall be permitted with a Special
Permit.
13. Cemetery.
14. Town houses.
15. Guest or rooming houses.
16. Nursing or convalescent homes - see dimensional requirements
of Table 2 (Special Permit required).
17. Multi-family dwellings.
18.
Professional offices on the ground floor of multi-family
dwelling structures. (Floor area utilized for offices shall
reduce the total floor space ordinarily permitted for
residential use on a proportional basis. Each one- thousand
(1000) square feet or part thereof of such floor space shall
reduce the permitted number of dwelling units by one).
19. Hotel or motel (Special Permit required).
20.
Parking, indoor storage and other accessory uses associated
with the above uses, provided that such accessory use shall
not be injurious, noxious, or offensive to the neighborhood.
21.
Accessory buildings no larger than sixty-four (64) square feet
shall have a minimum five (5) foot setback from side and rear
lot lines and shall be located no nearer the street than the
building line of the dwelling.
22. Day Care Center by Special Permit (1985/23).
4.125 Residence 6 District (1989/43)
1. Single family residential structures.
2. Two family residential structures.
Multi family residential structures, not exceeding 7 dwelling
units per structure.
4. Place of worship.
Renting rooms for dwelling purposes or furnishing table board
to not more than four persons not members of the family
resident in a dwelling so used, provided there be no
advertising on such dwelling or its lot other than a name
plate or sign not to exceed six (6) inches by twenty four (24)
inches in size, and further provided that no dwelling shall be
erected or altered primarily for such use.
4.12
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m
For the use of a dwelling in any residential district or
multi-family district for a home occupation, the following
conditions shall apply:
Not more than three (3) people may be employed in the
home occupation, one of whom shall be owner of the home
occupation and residing in said dwelling.
be
The use is carried on strictly within the principal
building.
There shall be no exterior alterations, accessory
building, or display which are not customary with
residential buildings.
Not more than twenty-five (25) percent of the existing
gross floor area of the dwelling unit so used, not to
exceed one thousand (1000) square feet, is devoted to
such use.
In connection with such use, there is to be kept no stock
in trade commodities, or products which occupy space
beyond these limits.
There will be no display of goods or wares visible from
the street.
The building or premises occupied shall not be rendered
objectionable or detrimental to the residential character
of the neighborhood due to the exterior appearance,
emissions of odor, gas, smoke, dust, noise, disturbances,
or in any way become objectionable or detrimental to any
residential use within the neighborhood.
Any such building shall include no feature of design not
customary in buildings for residential use.
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 premises upon which they are
placed.
Farming of field crops and row crops, truck gardens,
orchards, plant nurseries, and greenhouses.
On any lot of at least three (3) acres, the keeping of a
total of not more than three (3) of any kind or
assortment of animals or birds in addition to the
household pets of a family living on such lot, and for
each additional acre of lot size to five (5) acres, the
keeping of one additional animal or birds; but not the
keeping of any animals or birds or pets of persons not a
resident of such lot.
4.13
10.
11.
12.
13.
14.
15.
16.
17.
18.
On any lot of at least five (5) acres the keeping of any
number of animals or birds regardless of ownership and
the operation of equestrian riding academies, stables,
stud farms, dairy farms, and poultry batteries.
de
The sale of products raised as a result of the above uses
on the subject land.
Swimming pools in excess of two (2) feet deep shall be
considered a structure and permitted provided they are
enclosed by a suitable wall or fence at least four (4) feet in
height to be determined by the Building Inspector to prevent
the entrance of persons other than those residing at the pools
location. Pools shall have a minimum of a ten (10) foot set
back from rear and side lot lines and be located no nearer the
street than the building line of the dwelling, except by
Special Permit.
Museums.
Educational facilities.
Municipal building and public service corporation use (Special
permit required).
Golf course.
Swimming and/or tennis clubs shall be permitted with Special
Permit.
Cemetery.
One or two family dwellings, including the right to convert an
existing dwelling to accommodate not more than seven family
units by Special Permit from the Zoning Board of Appeals after
a public hearing with due notice given, provided:
ae
No major exterior structural changes shall be made. The
right to convert shall apply to any dwelling under the
ownership of one single person, partnership, or
corporation to be converted for use as dwelling of not
more than seven (7) family units, and meeting all
requirements of the State and Town Statues and Bylaws,
including Health Codes, Safety Codes, Building Codes,
Zoning Laws and Zoning Bylaws.
be
Stairways leading to the second or any higher floor shall
be enclosed.
Municipal recreation areas.
Guest or rooming houses.
4.14
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19. Nursing and convalescent homes - see dimensional requirements
of Table 2 (Special Permit required).
20.
Any accessory building larger than sixty-four (64) square feet
shall have a minimum five (5) foot setback from the side and
rear lot lines and shall be located no nearer to the street
than the building line of ths dwelling.
21. Day Care Center by Special Permit.
The following uses shall to be allowed only be Special Permit, the
permit granting authority shall be the Planning Board.
Retail stores, salerooms, funeral parlors, showrooms or places
for any professional artistic or mercantile activity, not
involving automotive sales, manufacturing or service also
retail bakeries or confectioneries by Special Permit.
Banks, officers and municipal, civic or public service
buildings, such as post offices, telephone exchanges, town
officers, school library, local passenger station by Special
Permit.
3. Dining room or lunch room by Special Permit.
Any accessory use customarily incident to any of the above
permitted uses, provided that such accessory use shall not be
injurious, noxious, or offensive to the neighborhood by
Special Permit.
Single family residential structures, which conform to the
following dimensional criteria: (1992/52)
Requirements
Dimension~
Lot area min. Sq. Ft.
Height Max. (ft.)
Street Frontage Min. (ft.)
Front Set Back Min (ft.)
Side Set Back Min (ft.)
Rear Set Back Min. (ft.)
Floor area Ratio Max.
Lot Coverage Max.
Dwelling Unit Density
Contiguous Buildable Area
5,000
35
75(1)
20
5
15
N/A
25%
6/acre(2)
5,000 Sq. Ft.(Min.)
For each application filed for a Special Permit under this Section,
the applicant must have a contiguous parcel of land, in single or
consolidated ownership at the time of application, which is at
least three (3) acres in size.
Footnote: 1.
In instances where a lot fronts on Route 114, for
purposes of public safety, the required lot
frontage shall be 250 feet.
4.15
4.126
1.
2.
3.
6.
7.
8.
9.
10.
Only if all lots or structures are serviced with
public sewer and/or a private sewer system approved
and accepted by the Town. For the purpose of this
Section, the term private sewer system shall mean a
sewer system built by a developer to the Town
specifications and locations, and dedicated to the
Town. In no instances shall the term private sewer
system be construed to limit accessibility to the
sewer system beyond regulations consistent with the
public sewer system.
Business i District
Retail establishments.
Personal service establishments.
Professional offices, banks, real estate offices and insurance
offices.
Eating or drinking uses may be permitted only as a secondary
use within a permitted primary use.
Place of worship.
Non-profit school.
Public bu. ilding or use and public service corporation.
Art Gallery.
Residential uses including one and two family dwellings.
Apartments shall be allowed where such use is not more than
fifty (50%) percent of the total floor space in the building.
Farming of field crops and row crops, truck gardens,
orchards, plant nurseries and greenhouses.
On any lot of at least three (3) acres, the keeping of a
total of not more than three (3) of any kind or
assortment of animals or birds in addition to the
household pets of a family living on such lot, and for
each additional acre of lot size to five (5) acres, the
keeping of one additional animal or bird; but not the
keeping of any animals, birds or pets of persons not
resident on such lot.
Ce
On any lot of at least five (5) acres, the keeping of any
number of animals or birds regardless of ownership and
the operation of equestrian riding academies, stables,
stud farms, dairy farms and poultry batteries.
The sale of products raised as a result of the above uses
on the subject land.
4.16
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Swimming and/or tennis clubs shall be permitted with a Special
Permit.
12.
Parking, indoor storage and other accessory uses customarily
associated with the above uses, provided that such accessory
use shall not be injurious, noxious or offensive to the
neighborhood.
13. Day Care Center by Special Permit (1985/23).
4.127 Business 2 District
1. Retail establishments.
2.
3.
Personal Service establishments.
Professional offices, banks, real estate offices and insurance
offices.
4. Business and other offices.
5. Public building or use and public service corporation.
6. Art Gallery.
7. Swimming and/or tennis clubs shall be permitted with a Special
Permit.
8. Place of worship.
9. Eating and drinking establishments.
10. Non-profit school or private school for profit or museum.
11. Indoor place of amusement or assembly.
12. Automobile service station (limited to one in each 2,000
linear feet of street or highway as measured along
centerline).
13. Medical center, clinic or medical laboratory.
14. Funeral Parlor.
15. Multi-family dwelling and town houses (with Special Permit).
16. Public parking garages.
17. Taxi depot.
18. Printing and reproduction.
19. a. Farming of field crops and row crops, truck gardens,
orchards, plant nurseries, and greenhouses.
4.17
On any lot of at least three (3) acres, the keeping of a
total of not more than three (3) of any kind or
assortment of animals or birds in addition to the
household pets of a family living on such lot, and for
each additional acre of lot size to five (5) acres, the
keeping of one additional animal or bird, but not the
keeDing of any animals, birds, or pets of persons not
resident on such lot.
On any lot of at least five (5) acres, the keeping of any
number of animals or birds regardless of ownership and
the operation of equestrian riding academies, stables,
stud farms, dairy farms, and poultry batteries.
20. Residential use where such use is not more than fifty percent
(50%) of the total floor space in the structure.
21.
Parking, indoor storage and other accessory uses associated
with the above uses, provided that such accessory use shall
not be noxious, injurious, or offensive to the neighborhood.
22. Day Care Center by Special Dermit (1985/23).
4.128 Business 3 District
1. Retail establishments.
2.. Personal service establishments.
Professional offices, banks, real estate offices and insurance
companies.
4. Business and other offices.
5. Public building or use and public service corporation.
6. Art Gallery.
Swimming and/or tennis clubs shall be permitted with a Special
Permit.
8. Place of worship.
9. Eating and drinking establishments.
10. Non-profit school or private school for profit or museum.
11. Indoor place of amusement or assembly.
12.
Automobile service station (limited to one in each 2,000
linear feet of street or highway as measured along the
centerline).
13. Medical center, clinic or medical laboratory.
4.18
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14. Funeral parlor.
15. Public parking garage.
16. Taxi Depot.
17. Printing and reproduction.
18. Research and development facilities.
19. New car sales but not to include outdoor car sales lots
accommodating more than ten (10) used cars.
20. a.
Farming of field crops and row crops, truck gardens,
orchards, plant nurseries, and greenhouses.
On any lot of at least three (3) acres, the keeping of a
total of not more than three (3) of any kind or
assortment of animals or birds in addition to the
household pets of a family living on such lot, and for
each additional acre of lot size to five (5) acres, the
keeping of one (1) additional animal or bird; but not the
keeping of any animals, birds, or pets of persons not
resident on such lot.
Ce
On any lot of at least five (5) acres, the keeping of any
number of animals or birds regardless of ownership and
the operation of equestrian riding academies, stables,
stud farms, dairy farms, and poultry batteries.
The sale of products raised as a result of the above uses
on the subject land.
21.
Parking, indoor storage and other accessory uses associated
with the above uses, provided that such accessory use shall
not be injurious, noxious, or offensive to the neighborhood.
22. Day care Center by Special Permit (1985/23).
4.129 Business 4 District
1. Research and development facilities.
2. Business, professional and other offices.
Accessory retail, personal service and eating and drinking use
shall be permitted in an amount not to exceed ten percent
(10%) of total gross floor area of the principal uses.
4. Place of worship.
5. Non-profit school or private school for profit or museum.
6, Public building or use and public service corporations.
4.19
Hotel or motel (limited to one in each 2,000 linear feet of
street or highway as measured along centerline).
Medical center, clinic or medical laboratory.
Nursing and convalescent homes. See dimensional requirements
of Table 2.
10. Art Gallery.
11. Swimming and/or tennis clubs shall be permitted with a Special
Permit.
12.
13.
Printing and reproduction.
Farming of field crops and row crops, truck gardens,
orchards, plant nurseries, and green houses.
be
On any lot of at least three (3) acres, the keeping of a
total of not more than three (3) of any kind or
assortment of animals or birds in addition to the
household pets of a family living on such lot, and for
each additional acre of lot size to five (5) acres, the
keeping of one additional animal, or bird; but not the
keeping of any animals, birds, or pets of persons not
resident on such lot.
de
On any lot of at least five (5) acres, the keeping of any
number of animals or birds regardless of ownership and
the operation of equestrian riding academies, stables,
stud farms, dairy farms, and poultry batteries.
The sale of products raised as a result of the above uses
on the subject land.
14.
Parking, indoor storage and other accessory uses associated
with the above uses, provided that such use shall not be
injurious, noxious or offensive to the neighborhood.
15. Day Care Center by Special Permit (1985/23)
4.130 Village Commercial District (1987/12)
1. Retail stores and wholesale stores, salesrooms, funeral
parlors, showrooms or place for any professional, artistic or
mercantile activity, not involving automotive sales or
manufacturing; also retail bakeries or retail confectioneries.
Banks, offices and municipal, civic or public service
buildings, such as post office, telephone exchanges, town
offices, school, library, museum, place of worship, local
passenger station.
3. Hall, club, theater, or other place of amusement of assembly.
4.20
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4.131
1.
Restaurant, dining room or lunch room.
Any accessory use customarily incident to any of the above
permitted uses, provided that such accessory use shall not be
injurious, noxious, or offensive to the neighborhood.
Farming of field crops and row crops, truck gardens,
orchards, plant nurseries, and greenhouses.
On any lot of at least three (3) acres the keeping of a
total of not more than three (3) of any kind or
assortment of animals or birds in addition to the
household pet of a family living on such lot, and for
each additional acre of lot size to five (5) acres, the
keeping of one additional animal or bird; but not the
keeping of animals, birds or pet of persons not resident
of such lot.
on any lot of at least five (5) acres, the keeping of any
animals or birds regardless of ownership and the
operation of equestrian riding academies, stud farms,
dairy farms, and poultry batteries.
The sale of products of agriculture, horticulture,
floraculture, viviculture or silvaculture as well as
accessory or customary items by the person who is
primarily engaged in any of the above activities. The
operation must be at least ten (10) contiguous acres used
primarily for any of these activities.
Day Care Center by Special Permit (1985/23).
General Business District
Retail stores and wholesale
stores, salesrooms, funeral
parloIs, showrooms or places for any professional, artistic or
mercantile activity, not involving manufacturing; also retail
bakeries or retail confectioneries.
Banks, offices, and municipal, civic, or public service
buildings, such as post office, telephone exchange, town
offices, school, library, museum, place of worship, local
passenger station.
Hall, club, theater, or other place of amusement or assembly.
Automobile service and filling stations, automobile storage
and repair garages, including automobile body repairs and
painting, and automobile sale agencies for new and used cars,
provided there be not displayed or stored outdoors on such
premises more than twenty-five (25) automobiles or other
vehicles.
Restaurant, dining room or lunch room.
4.21
7e
Residential use where such use is not more than fifty percent
(50%) of the total floor space in the structure.
Any accessory use customarily incident to any of the above
permitted uses, provided that such accessory use shall not be
injurious, noxious, or offensive to the neighborhood.
ae
Farming of field crops and row crops, truck gardens,
orchards, plant nurseries, and greenhouses.
On any lot of at least three (3) acres, the keeping of a
total of not more than three (3) of any kind or
assortment of animals or birds in addition to the
household pets of a family living on such lot, and for
each additional acre of lot size to five (5) acres, the
keeping of one (1) additional animal or bird; but not the
keeping of any animals, birds or pets of persons not
resident on such lot.
de
On any lot of at least five (5) acres, the keeping of any
number of animals or birds regardless of ownership and
the operation of equestrian riding academies, stud farms,
dairy farms and poultry batteries.
The sale of products raised as a result of the above uses
on the subject land.
9. Day Care Center by Special Permit (1985/23).
4.132 Industrial 1 District
1. Research and development facilities.
2. Business, professional and other offices.
Retail and food uses shall be permitted if they are accessory
to the principal use and are primarily intended to service the
principal use. No more than ten percent (10%) of the gross
floor area of the principal use may be devoted to accessory
use. Where there is more than one principal use each use may
only have ten percent (10%) of gross floor area (GFA) devoted
to any accessory use. (Refer to Section 2.21, Definition of
Accessory Use Structure). (1987/25)
4. Place of worship.
5. Non-profit school or private school for profit.
Public building or use and public service corporations.
Medical center, clinic, or medical laboratory.
8. Art gallery or museum.
4.22
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10.
11.
Swimming and/or tennis clubs and/or indoor ice skating
facilities shall be permitted with a Special Permit.
Printing and reproduction.
Light manufacturing, including manufacturing, fabrication,
processing, finishing, assembly, packing, or treatment of
articles or merchandise provided such uses are conducted
solely within a building and further provided that such uses
are not offensive, noxious, detrimental, or dangerous to
surrounding areas or the town by reason of dust, smoke, fumes,
odor, noise, vibration, light or other adverse environmental
effect.
12.
Farming of field crops and row crops, truck gardens,
orchards, plant nurseries and greenhouses.
On any lot of at least three (3) acres, the keeping of a
total of not more than three (3) of any kind or
assortment of animals or birds in addition to the
household pets of a family living on such lot, and for
each additional acre of lot size to five (5) acres, the
keeping of one (1) additional animal or bird; but not the
keeping of any animals, birds, or pets of persons not
resident on such lot.
13.
Ce
On any lot of at least five (5) acres, the keeping of any
number of animals or birds regardless of ownership and
the operation of equestrian riding academies, stables,
stud farms, dairy farms, and poultry batteries.
The sale of products raised as a result of the above uses
on the subject land.
Warehousing and wholesaling shall be permitted only as a
secondary use.
14. Golf course.
15. Parking, indoor storage and other accessory uses customarily
associated with the above uses, provided that such accessory
use shall not be injurious, noxious or offensive to the
neighborhood.
16. Day Care Center by Special Permit (1985/23).
4.133 Industrial 2 District
1. Research and development facilities.
2. Business, professional and other offices.
3. Retail and food uses shall be permitted if they are accessory
to the principal use and are primarily intended to service the
4.23
10.
11.
12.
principal use. No more than ten percent (10%) of the gross
floor area (GFA) of the principal use may be devoted to
accessory use. Where there is more than one principal use
each use may only have ten percent (10%) of gross floor area
(GFA) devoted to any accessory use. (Refer to Section 2.21,
Definition of Accessory Use Structure) (1987/25)
Place of worship.
Non-profit school or private school for profit.
Public service corporation and energy or resource recovery
facility. Any dumping of ash or other hazardous material
generated by such facility shall be subject to a Special
Permit, Granting Authority to be the Planning Board. (1992/56)
Medical center, clinic, or medical laboratory.
Art gallery.
Swimming and/or tennis clubs shall be permitted with a Special
Permit.
Printing and reproduction.
Light manufacturing, including manufacturing, fabrication,
processing, finishing, assembly, packing, or treatment of
articles or merchandise provided such uses are conducted
solely within a building and further provided that such uses
are not offensive, noxious, detrimental, or dangerous to
surrounding areas or the town by reason of dust, smoke, fumes,
odor, noise, vibration, light, or other adverse environmental
effect.
as
Farming of field crops and row crops, truck gardens,
orchards, plant nurseries, and greenhouses.
On any lot of at least three (3) acres, the keeping of a
total of not more than three (3) of any kind or
assortment of animals or birds in addition to the
household pets of a family living on such lot, and for
each additional acre of lot size to five (5) acres, the
keeping of one (1) additional animal or bird; but not the
keeping of any animals, birds, or pets of persons not
resident on such lot.
C$
On any lot of at least five (5) acres, the keeping of any
number of animals or birds regardless of ownership and
the operation of equestrian riding academies, stables,
stud farms, dairy farms, and poultry batteries.
The sale of products raised as a result of the above uses
on the subject land.
4.24
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13,
14.
15.
16.
17.
18.
19.
20.
21.
Warehousing and wholesaling.
Golf course.
Lumber or other building materials storage or sales, fuel
storage or contractor's yard, provided all outdoor uses are
enclosed by a fence of five (5) feet or more in height.
Bus garage.
Automobile service station (limited to one in each 2000 linear
feet of street or highway as measured along centerline).
Car wash.
Automobile or other motor vehicle repair, provided all
activities are within an enclosed building.
Veterinary hospitals and kennels, provided all activities are
with an enclosed building.
Parking, indoor storage and other accessory uses customarily
associated with the above uses, provided that such accessory
use shall not be injurious, noxious, or offensive to the
neighborhood.
22. Day Care Center by Special Permit
4.154 Industrial 3 District
1985/23).
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 1 District.
7. Day Care Center by Special Permit (1985/23).
4.Z35 Industrial "S" District
3.
4.
5.
Research and development facilities.
Business, professional and other offices.
Place of worship.
Non-profit school or private school for profit.
Public building or use and public service corporation.
4.25
5
11.
12.
13.
Printing and reproduction.
Light manufacturing, including manufacturing, fabrication,
processing, finishing, assembly, packing, or treatment of
articles or merchandise, other commercial non-retail activity,
provided such uses are conducted solely within a building and
further provided that such uses are not offensive, noxious,
detrimental, or dangerous to surrounding areas or the town by
reason of dust, smoke, fumes, odor, noise, vibration, light or
other adverse environmental effect.
Premises of a bank, post office, telephone exchange or
telephone business office, local bus passenger station, or
business office buildings. By Special Permit, an automobile
service and filling station, a diner, a restaurant, a retail
food store, but no other retail stores of any kind.
Warehousing and wholesaling.
Lumber or other building materials storage or sales, fuel
storage, or contractor,s yard, provided all outdoor uses are
enclosed by a fence of five (5) feet or more in height.
Bus garage.
Any accessory use customarily incident to any of the above
permitted uses, provided that such use shall not be injurious,
noxious, or offensive to the neighborhood.
Farming of field crops and row crops, truck gardens,
orchard, plant nurseries, and greenhouses.
On any lot of at least three (3) acres, the keeping of a
total of not more than three (3) of any kind or
assortment of animals or birds in addition to the
household pets of a family living on such lot, and for
each additional acre of lot size to five (5) acres, the
keeping of one (1) additional animal or bird; but not the
keeping of any animals or birds or pets of persons not
resident on such lot.
On any lot of at least five (5) acres, the keeping of any
number of animals or birds regardless of ownership and
the operation of equestrian riding academies, stables,
stud farms, dairy farms, and poultry batteries.
The sale of products raised as a result of the above uses
on the subject land.
14. Day Care Center by Special Permit (1985/23)
4.26
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4.13~ #&tershed Protection District
Purpose
The Watershed Protection District surrounding Lake Cochichewick,
the Town,s sole source of public water supply, it intended to
preserve and maintain the filtration and purification function of
the land, the ground water table, the purity of the ground water,
and the lake; to conserve the natural environment; and to protect
the public health, safety and welfare.
The Lake Cochichewick Watershed Plan (August 1987), prepared by
I.E.P., Inc., for the Town of North Andover, is a comprehensive
study of the lake and it's watershed. The Watershed Protection
District is a portion of the I.E.P. study's recommended management
plan. Copies of the I.E.P. report are available in the Planning
Board Office.
The Watershed Protection District is herein established as an
overlay district and shall be superimposed on the other districts
established by this Bylaw. The requirements enumerated hereafter
for this Watershed Protection District shall be in addition to,
rather than in place of, the requirements of such other district.
The Special Permit Granting Authority (SPGA) under this Bylaw shall
be the Planning Board.
2. Boundaries
a. District Boundaries
Boundaries of the Watershed Protection District are shown
on Attachment 1, entitled Subdrainage Areas (dated August
1985) and contained in the Watershed Plan. This map is
hereby made a part of this Bylaw and is on file in the
office of the Town Clerk. The Zoning Maps's Lake
Cochichewick Watershed boundary shall conform with the
aforementioned I.E.P. map.
25
In the event that the SPGA determines, on the basis of
credible evidence before it, that there exists a
significant doubt or dispute concerning the proper
location of boundaries of the Watershed Protection
District on any individual lot or lots, the SPGA shall,
at the request of the owner of such lot or lots, engage
a Registered Professional Engineer to advise it in
determining such boundaries. The owner making such
request shall reimburse the SPGA for the cost of such
Engineer. Upon completion of the Engineer's report to
the SPGA, the SPGA shall hold a hearing to make a final
determination of such boundaries. At such hearing, such
report shall be deemed evidence sufficient to establish
the location of the boundary.
4.27
When the Water Protection District boundary divides a lot
of record in June 28, 1978, in one ownership, the intent
of the zoning regulation set forth in this Zoning Bylaw
applying to the greater part by area of such lot so
divided shall be deemed to apply and govern at and beyond
such watershed Protection District boundary, but only to
the extent not more than one hundred (100) linear feet in
depth (at a right angle to such boundary into the lesser
part by area of such lot so divided, provided, however,
that where the premises are partially outside of the
Watershed Protection District, potential pollution
sources such as on-site waste disposal systems, shall be
located outside of the District to the extent feasible.
b. Buffer Zones
There shall exist a Non-Disturbance Buffer Zone which
shall consist of all land areas located within two
hundred fifty (250) feet horizontally from the annual
mean high ~ater mark of Lake Cochichewick or within one
hundred (100) feet horizontally from the edge of all
wetland resource areas (as defined in M.G.L. Chapter 131,
Section 40, and the Town Wetland Bylaw) located within
the Watershed.
There shall exist a Non-Discharge Buffer Zone which shall
consist of all land areas located between two hundred
fifty (250) feet and three hundred twenty-five (325) feet
horizontally from the annual mean high water mark of Lake
Cocnichewick or between one hundred (100) feet and three
hundred twenty-five (325) feet horizontally from the edge
of all wetland resource areas (as defined in M.G.L.
Chapter 131, Section 40, and the Town Bylaw).
3. Buffer Zones - Overview
Non-Disturbance Non-Discharge
From Annual High
Water Mark of Lake
CoChichewick out to
250' 325'
From Edge of Ail Wetland
Resource Areas Within the
Watershed District out to
100' 325'
4.28
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3. #_ate~s~e~ ~ote=tion Distric~
The following uses shall be allowed in the Watershed Protection
District:
All uses associated with municipal water supply/treatment
and public sewer provided by the Town of North Andover.
Ail agricultural uses, providing that such uses exercise
Best Management Practices and be undertaken in such a
manner as to prevent erosion and siltation of adjacent
water bodies and wetlands.
Routine maintenance of any existing use of property,
including the maintenance and improvements of existing
roadways and drainage systems by the North Andover
Department of Public Works.
Maintenance of fire access lanes by the Fire Dept.
Underground tank storage for heating fuel for a single
family residence, provided that the tank is outside the
Non-Discharge Zone and obtains a permit from the North
Andover Fire Dept.
6. Permitted uses allowed in Section 4.121.
b. Uses Allowed by Special Permit
The following uses may be allowed in the Watershed Protection
District by the granting of a Special Permit issued 'pursuant to
this Section:
Golf courses, public or private.
Any other use not provided for elsewhere in this Section.
A commercial kitchen on public sewer.
c. Prohibited Uses
The following uses are specifically prohibited within the Watershed
Protection District:
Any solid waste facility as defined ny M.G.L. Chapter
111, Section 150A.
Municipal sewage treatment facility, not including sewer
lines, pump stations and other accessory sewer system
equipment used to transport sewage to a treatment
facility located outside of the District.
4.29
5
e
75
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
Privately owned wastewater treatment plants.
Road salt or other deicing stockpiles.
Underground tanks or collection pits for storage of fuel
or hazardous materials (except as provided for in Section
3.(a)(5)). including any tanks or collection pits
partially below mean ground elevation but excluding any
tanks located completely within a building otherwise
permitted under this Section.
Dumping of snow from outside the District.
Motor vehicle salvage operations and junk yards.
Car washes.
Self-service laundries, unless connected to public sewer.
Airplanes, boat, or motor vehicle service and repair
establishments (including auto body shops).
Metal plating, finishing or polishing.
Chemical and bacteriological laboratories.
Electronic circuit assembly.
Hotels, or motels, unless connected to public sewer.
Painting, wood preserving and furniture stripping
establishments.
Photographic processing establishments.
Printing establishments.
Dry Cleaning establishments.
Storage of herbicides, pesticides or fertilizers, other
than in amounts normally associated with household or
existing agricultural use.
Commercial cabinet or furniture making.
Commercial storage or sale of petroleum or other refined
petroleum.
Commercial manufacture, storage , use, transportation or
disposal of any substance of such physical, chemical or
infectious characteristics as to pose a significant,
actual or potential, hazard to water supplies, or other
hazard to human health if such substance or mixture were
discharged onto land or waters of this Town, including
4.30
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but not limited to organic chemicals, petroleum products,
heavy metals, radioactive or infectious waste, acids, and
alkalis, and all substances defined as Toxic or Hazardous
under M.G.L. Chapter 21C and Chapter 21E and the
regulations promulgated thereunder, and also including
pesticides, herbicides, solvents and thinners.
23. Restaurants.
24. Commercial kitchens not on public sewer.
4. Non-Discharqe Zone
The Non-Discharge buffer Zone consists of all land located between
250' and 325' of the annual mean high water mark of the lake and
between 100' and 325' from the edge of all wetland resource areas.
a. Uses Allowed by Special Permit
The following activities may be allowed within the Non-Discharge
Buffer Zone only by the granting of a Special Permit issued
pursuant to this Section:
Any surface or sub-surface discharge, including but not
limited to, storm water runoff, domestic or industrial
wastewater, drainage of any roadway that is maintained by
the Dept, of Public Works or any private association,
outlets of ali drainage swales, outlets of all detention
ponds. All stormwater management systems shall employ
Best Management Practices.
2. Construction of any new septic system.
b. Prohibited Uses
The following uses are specifically prohibited in the Non-Discharge
Buffer Zone:
The use, or method of application of, any lawn care or
garden product (fertilizer, pesticide, herbicide) that
may contribute to the degradation of the public water
supply.
The use of lawn care or garden products that are not
organic or slow-release nitrogens.
5. Non-Disturbance Zon~
The Non-Disturbance Buffer Zone consists of all land areas located
within 250' of the annual mean high water mark of Lake Cochichewick
or within 100' of all wetland resource areas (as defined by the
Massachusetts Wetlands Protection Act and the Town Wetland
Protection Bylaw).
4.31
a. Uses Allowed by Special Permit
The following uses shall only be allowed within the Non-Disturbance
Buffer Zone by Special Permit issued pursuant to this Section:
1. Any activities which cause a change in topography or
grade.
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Vegetation removal or cutting, other than in connection
with agricultural uses or maintenance of landscape area.
Construction ~f a new permanent structure only after a
variance has been granted by the Zoning Board of Appeals.
4. Replacement of any permanent structure.
Any surface or sub-surface discharge, including but not
limited to, stormwater runoff, domestic or industrial
wastewater, drainage of any roadway that is maintained by
the Dept. of Public Works or any private association,
outlets of all drainage swales, outlets of all detention
ponds.
Construction of any accessory structure or expansion of
any existing structure by less than fifty (50) percent of
the gross floor area of the existing structure.
b. Prohibited Uses
The following uses are specifically prohibited in the Non-
Disturbance Buffer Zone:
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1. Construction of any septic system.
2. Construction of any new permanent structure, or expansion
of an existing structure by fifty (50) percent or more of
the gross floor area of the existing structure.
Special Permit Requirements for Non-Disturbanoe an~ Non
Discharge Buffer Zones
Any Special Permit issued under this Section for a new
permanent structure (other than an accessory structure or
expansion that is less than 50% of the gross floor area of a
structure) or a septic system shall require that such
structure or system be constructed outside the Non-Disturbance
Buffer Zone.
Within the Non-Disturbance and Non-Discharge Buffer Zone, any
runoff from impervious surfaces, other than driveways,
rooftops, walkways and patios servicing single family
dwellings shall, to the extent possible, be recharged on site
and diverted toward areas covered with vegetation for surface
infiltration. Where on site recharge is not feasible due to
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c,
d,
soil or other natural conditions, other mitigating measures
such as sedimentation ponds, filter berms, or restoring
wetlands, shall be used only where other methods are not
feasible and after approval by the Board of Health, Building
Inspector and the Dept. of Public Works to assure that the
methods used for on site infiltration and/or other measures
shall remain effective.
~pecial Permit Requirements for the Watershed District
Eight (8) copies of an application for a Special Permit under
this Section shall be filed with the SPGA. Special Permits
shall be granted if the SPGA determines that the intent of the
Bylaw, as well as its specific criteria, are met. In making
such determination the SPGA shall give consideration to
simplicity, reliability, and feasibility of the control
measures proposed and the degree of threat to water quality
which would result if the control measures failed.
Upon receipt of a Special Permit Application, the SPGA shall
transmit one (1) copy of each to the Division of Public Works,
Fire Chief, Title III Committee, Division of Planning and
Community Development, Conservation Commission and the Board
of Health for their written recommendations. Failure to
respond in writing within thirty (30) days shall indicate
approval or no desire to comment by said agency.
Special Permits under this Section shall be granted only if
the SPGA determines, after the time of comment by other Town
agencies as specified above has elapsed, that, as a result of
the proposed use in conjunction with other uses nearby, there
will not be any significant degradation of the quality or
quantity of water in or entering Lake Cochichewick.
Such snowing shall include, at a minimum, a written
certification by a registered Professional Engineer, or other
scientist educated in and possessing extensive experience in
the science of hydrology and hydrogeology, as to the above
impact. The applicant must also show that there is no
reasonable alternative location outside the Non-Disturbance
and or Non-Discharge Buffer Zones, whichever is applicable,
for any discharge, structure or activity, associated with the
proposed use to occur.
The following information will also be required by the
applicant as part of any Special Permit Application:
Evidence of approval by the Mass. Dept. of Environmental
Protection (DEP) of any industrial waster water treatment
or disposal system or any waste water treatment system of
fifteen thousand (15,000) gallons per day capacity.
Evidence that all on-site operations including, but not
limited to, construction, wastewater disposal, fertilizer
4.33
applications and septic systems will not create
concentrations of Nitrogen in groundwater, greater that
the Federal limit of 10 mg/Liter (when diluted by
recharge derived from precipitation) at the downgradient
property boundary.
Projections of downgradient concentrations of nitrogen,
phosphorous and other relevant chemicals at property
boundaries and other locations deemed pertinent by the
SPGA.
The SPGA may also require that supporting materials be prepared by
other professionals including, but not limited to, a registered
architect, registered landscape architect, registered land
surveyor, registered sanitarian, biologist, geologist or
hydrologist when in its judgement the complexity of the proposed
work warrants the relevant specified expertise. Special Permit
Application forms are available in the Planning Office.
Provisions shall be made to protect against toxic or hazardous
material discharge or loss resulting from corrosion,
accidental damage, spillage or vandalism through measures such
as spill control provisions in the vicinity of chemical or
fuel delivery points; secured storage areas for toxic or
hazardous materials, and indoor storage provisions for
corrodible or dissolved materials. For operations which allow
the evaporation of toxic materials into the interior of any
structure a closed vapor system shall be provided for each
structure to prevent discharge or contaminated condensate into
the groundwater.
For any toxic or hazardous waste to be produced in quantities
greater than those associated with normal household use, the
applicant must demonstrate the availability and feasibility of
disposal methods which are in conformance with M.G.L. Chapter
21C.
Written Notice of any violation of this Bylaw shall be provided by
the SPGA agent to the owner of the premises specifying the nature
of the violation. The agent of the SPGA shall request of the
violator a schedule of compliance, including cleanup of spilled
materials, Such schedule shall allow for the immediate corrective
action to take place. This compliance schedule must be reasonable
in relation to the public health hazard involved and the difficulty
of compliance. In no event shall more than thirty (30) days be
allowed for either compliance or finalization of a plan for longer
term of compliance. Said schedule of compliance shall be submitted
to the SPGA for approval subsequent to the violation. Said agent
of the SPGA shall notify the Building Inspector of any violations
of the Schedule of compliance or of any failure to satisfy the
requirements of this paragraph.
4.34
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9. Severabilit
In any portion, sentence, clause or phase of this regulation shall
beheld invalid for any reason, the remainder of this Bylaw shall
continue in full force.
4.137 Flood Plain District (1993/39)
Flood Plain District
The Flood Plain District is herein established as an overlay
district. The underlying permitted uses are allowed provided that
they meet the Massachusetts State Building Code, Section 2102,
"Flood Resistant Construction" and any other applicable local,
state or federal requirements. The Flood Plain District includes
all special flood hazard areas designated as Zone A, AE, AH, AO,
and A99 on the North Andover Flood Insurance Rate Maps (FIRM), and
the Flood Boundary and Floodway Maps, dated June 2, 1993 on file
with the Town Clerk, Planning Board, Conservation Commission, and
Building Inspector. These maps, as well as the accompanying North
Andover Flood Insurance Study, are incorporated herein by
reference.
2. Purpose: The purposes of the Flood Plain District are:
Ensure public safety through reducing the threats to life
and personal injury.
Eliminate new hazards to emergency response officials;
Prevent the occurrence of public emergencies resulting
from water quality, contamination, and pollution due to
flooding;
Avoid the loss of utility services which if damaged by
flooding would disrupt or shut down the utility network
and impact regions of the community beyond the site of
flooding;
Eliminate costs associated with the response and cleanup
of flooding conditions;
Reduce damage to public and private property resulting
from flooding waters.
3. Base Flood Elevation and Floodway Data
ae
Floodway Data. In Zone A, AH, AO, A99, and AE, along
watercourses that have not had a regulatory floodway
designated, the best available Federal, State, local or
other floodway data as determined by the Building
Inspector, in consultation with the Division of the
Department of Public Works, shall be used to prohibit
encroachments in floodways which would result in any
increase in flood levels within the community during the
occurrence of the base flood discharge.
4.35
Base Flood Elevation Data. Base flood elevation data is
required for subdivision proposals or other developments
greater than 50 lots or 5 acres, whichever is the lesser,
within unnumbered A zones.
Areas designated as flood plain on the North Andover
Flood Insurance Rate Maps may be determined to be outside
the flood plain district by the Building Inspector, in
consultation with the Division of Public Works, if an
accurate topographic and property line survey of the area
conducted by a registered professional engineer or land
surveyor shows that the flood plain contour elevation
does not occur in any area of proposed buildings,
structures, improvements, excavation, filling, paving, or
other work activity. The person requesting the
determination shall provide any other information deemed
necessary by the Building Inspector of the Division of
Public Works to make that determination. If the Building
Inspector, in consultation with the Division of Public
Works, determines that the Flood Insurance Rate Maps are
in error, the subject area shall not be regulated as
occurring within the Flood Plain District, and any such
determination shall be noted on the Flood Insurance Rate
Maps. Nothing in this section shall prohibit the
Conservation Commission, Board of Health, or other Town
officials or Board from making non-zoning determinations
of the flood plain or performing their official duties.
Notification of Watercourse Alteration: If a landowner or
project proponent proposes to alter or relocate any
watercourse, that person shall notify the following parties
and provide evidence of such notification to every Town Board
or official who has jurisdiction over such alteration or
relocation prior to or at the time of applying for any
approval that is required to perform such alteration or
relocation:
Adjacent Communities
NFIP State Coordinator
Massachusetts Office of Water Resources
100 Cambridge Street
Boston, MA 02202
NFIP Program Specialist
FEMA Region I, Rm. 462
J.W. McCormack Post Office & Courthouse
Boston, MA 02109
Existing Regulations: Ail development in the District
including structural and non-structural activities whether
permitted by right or by special permit must be in compliance
with the following:
Section of the Massachusetts State Building Code which
addresses floodplain and costal high hazard areas
4.36
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(currently 780 CMR 2102.0, "Flood Resistant
Construction,,);
b. Wetlands Protection Regulations, Department of
Environmental Protection (DEP) (currently 310 CMR10.00);
c. Inland Wetlands Restriction, DEP (currently 302 CMR
6.00);
d. Minimum Requirements for the Subsurface Disposal of
Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);
e. Any variances from the provisions and requirements of the
above referenced state regulations may only be granted in
accordance with the required variance procedures of these
state regulations.
Development Regulations: Notwithstanding the provisions of
Section 3.B of this By-law, within Zone A of the Flood Plain
District, where base flood elevation is not provided on the
FIRM, the applicant shall obtain any existing base flood
elevation data and it shall be reviewed by the Building
Inspector, in conjunction with the Division of Public Works,
for its reasonable utilization toward meeting the elevation or
flood-proofing requirements, as appropriate, of the State
Building Code. In the floodway, designated on the Flood
Boundary and Floodway Map, the following provisions shall
apply:
be
Ail encroachments, including fill, new construction,
substantial improvements to existing structures, and
other development are prohibited unless certification by
a registered professional engineer is provided by the
applicant demonstrating that such encroachments shall not
result in any increase in flood levels during the
occurrence of the 100 year flood and the Building
Inspector, in conjunction with the Director of the
Division of Public Works, concurs with such
certification.
Any encroachment meeting the above standard shall comply
with the floodplain requirements of the State Building
Code.
Ail preliminary and definitive subdivision plans filed in
accordance with G.L. Chapter 41, Section 81S and 81T,
respectively shall be designed so that:
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such proposals minimize flood damage;
all public utilities and facilities are located and
constructed to minimize or eliminate flood damage; and
adequate drainage is provided to reduce exposure to flood
hazards.
7. Permitted Uses
The following uses on low flood damage potential and causing no
obstructions to flood flows are encouraged provided they are
permitted in the underlying district and they do not require
4.37
structures, fill, or storage of materials or equipment:
Agricultural uses such as farming, grazing, truck
farming, horticulture, etc.
Forestry and nursery uses.
Outdoor recreational uses, including fishing, boating,
play areas, etc.
Conservation of water, plants, wildlife.
Wildlife management areas, foot bicycle and/or horse
paths.
Temporary non-residential structures used in connection
with fishing, growing, harvesting, storage, or sale of
crops raised on the premises.
Buildings lawfully existing prior to the adoption of
these provisions.
4.2 Phased Development Bylaw
Building permits for the construction of single family or two
family dwellings in a subdivision or on contiguous Form A lots
held in common or related ownership on the effective date of
the provision shall not be granted at a rate per annum greater
than as permitted by the following schedule:
No. of Lots
Min. Yrs of
Development
Max. Lots
Developed/Yr
1-6 1 Ail
7-20 2 50% of total
21-34 3 33% of total
35-50 4 25% of total
51-75 5 20% of total
76-125 6 16.7% of total
126+ 7 14.3& of total
e
Lots can be sold any time for the construction of dwellings in
the designated future years. However, any lots covered by
this provision hereafter sold or otherwise transferred to
another owner, shall include in the deed, the earliest date of
which construction may be commenced in accordance with these
provisions.
If there is a proposed subdivision with any lots that are
within 500 feet of lots in another subdivision held by common
or related ownership, then both subdivisions shall be
construed to be a single subdivision for the purposes of this
Bylaw.
Lot lines for Form A lots shall be defined when the Form A
4.38
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¸5.
¸8.
lots have been approved by the Planning Board. Subsequent
changes in the shape or ownership of lots shall not render the
provisions of this Bylaw void.
The anniversary date of each subdivision or contiguous Form A
lots under this provision shall be no earlier than the date on
which all required approvals required for a building permit
have been obtained (e.g. Planning Board approval of Definitive
Plan, Board of Health approval, Conservation Commission
approval, etc).
Notwithstanding any prior statements to the contrary, the
maximum number of building permits to be issued and
outstanding at any time for lots in each subdivision and
contiguous Form A lots covered by this provision shall be
limited to twice the allowed annual maximum permitted for that
project under the provisions of this Bylaw. Allowed building
permits in succeeding years shall be limited to less than the
permitted maximum, if necessary, to insure that this cap is
not exceeded.
The Planning Board, in conjunction with the Building
Inspector, shall be responsible for administering this section
of the Bylaw. Accordingly, the Planning Board shall adopt and
publish reasonable regulations for carrying out its duties
under this section. In particular, these regulations should
address the conditions and processes for authorizing building
permits on an annual basis.
The invalidity of one or more provision or clauses of this
section shall not invalidate or impair the section as a whole
or any other part thereof. (1986/13)
4.39
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SECTION 5
EARTH MATERIALS REMOVAL
5.1
General
Excavation, removal, stripping, or mining of any earth
material except as hereinafter permitted'on any parcel of
land, public or private, in North Andover, is prohibited.
Exclusive jurisdiction to issue Earth Removal Permits shall
be with the Board except for Permits allowed in Paragraph
5.6 and 5.6.
The Board or Building Inspector shall have the authority to
issue an Operating Hours Extension Permit, as defined in
Subsection 5.2
The Building Inspector shall have the authority to enforce
all conditions of any Permit issued under this Section on
the Zoning Bylaw.
Ail 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 expiration date and/or
annual review. At such time, said operation shall be
subject to the provisions of this Section, unless otherwise
allowed by the 'Board, for a period not to exceed six (6)
months.
60
An annual fee of one hundred dollars ($100.00) shall be
required for Earth Removal Permits. Miscellaneous Earth
Removal Permits shall require an annual fee of twenty-five
dollars ($25.00).
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Violation of this Section of the Zoning Bylaw,
notwithstanding the provisions of Section 10.13, imposes a
penalty of fifty dollars ($50.00) for the first offense, one
hundred dollars ($100.00) for the second and each subsequent
offense. Each day of operation in violation of this section
will be considered a separate offense.
Any sanitary landfill operated by the Town of North Andover
shall be exempt from the provisions of this Section.
5.2
Definitions
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.
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Earth Materials: "earth materials" shall include soil,
loam, sand, gravel, clay, peat rock, or other allied
products.
5.1
Se
5.3
1.
Earth Removal Operations: the
stripping, or mining of any earth
within the Town of North Andover.
excavation, removal,
material on any site
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.
Board: Zoning Board of Appeals.
Permit: The word "Permit" in the Earth Removal Section
shall mean and include a Special Permit for earth removal as
issued by the Special Permit Granting Authority.
Application for Earth Removal Permit
Ail 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 submission of an application for an Earth
Removal Permit. The Board shall distribute the information
to the Planning Board, Building Inspector, Conservation
Commission, Board of Health, Highway Department, and Police
Department, so that recommendations from these departments
may be submitted for the required public hearing.
A plan or plans to scale, (1"=40' prepared and stamped by a
Registered Engineer, showing the property line of the parcel
of land under consideration along with all abutters to the
property existing and final contours in five foot (5')
elevation in increments, 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.
A plan, study, or report showing the proposed ultimate use
of the land conforming with the existing Zoning Bylaw.
Proper planning for future land use shall be a prime
consideration affecting the issuance of an Earth Removal
Permit.
A complete list of the names and addresses of current
abutters of the property where such removal is proposed.
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 progressive five
(5) acre increments.
5.2
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5.4
1.
2.
3.
4.
5.
5.5
1.
Permits for Earth Removal
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 operating 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 at the Permit
conditions, application may then be made to the Board for a
Permit renewal. Such Permit renewal shall allow the removal
of earth on another five (5) acre section, as shown by the
operating schedule submitted with the Permit application.
This procedure shall be followed until the operation is
completed.
The permit shall be considered a non-transferable 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 followed, 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
correct~on of violations shall cause the Permit to be
revoked, forfeiture of the security to the Town, and the
imposition of all fines as set forth in Paragraph 5.1(2).
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.
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 required fees as required by
Paragraph 5.1(6), and recorded the Special Permit at the
Registry of Deeds.
Mechanical crushing and screening may be permitted by the
Board after a public hearing with due notice given.
Earth Removal Incidental to Development, Construction
or Improvements
This regulation shall be deemed not to prohibit the removal
of such sod, loam, soil, clay, sand, gravel, or stone as may
be required to be excavated for the purpose of constructing
ways in accordance with lines and grades approved by the
planning Board, or for the purpose of constructing
5.3
5.6
1.
underground utilities.
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 building, 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 below.
Where excavation, removal, stripping, or mining of earth on
any parcel of land, public or private, is made necessary by
order of any other Board or Agency of the Town, such
excavation, removal, stripping, or mining, if in excess of
one-thousand (1,000) cubic yards shall be governed by the
provisions of Section 5.6 of this Bylaw.
Excavation, removal, stripping, or mining of earth
incidental to improvements shall be governed by the
provisions of Section 5.6 of this Bylaw.
Ail earth removal, excavation, stripping or mining as
allowed under this paragraph shall be governed by the
provisions of Section 5.6 of this Bylaw.
Miscellaneous Removal of Earth
Excavation, removal, stripping, or mining of miscellaneous
amounts of earth as allowed under Section 5.5 is permitted
provided the excavation, removal, stripping, or mining is
necessary for the improvements of development of the
property on which the excavation or removal takes place.
Excavation, removal, stripping, or mining of aggregate
quantities of less than fifty (50) cubic yards on any one
general site requires no formal approval. Where the
excavation, removal, stripping, or mining of soil is on
quantities in excess of fifty (50) cubic yards but less than
one-thousand (1,000) cubic yards, application must be made
to the Building Inspector for a Miscellaneous Soil Removal
Permit. Where special circumstances exist which requires
the excavation, removal, stripping, or mining of soil in
excess of one-thousand (1,000) cubic yards, but less than
five-thousand (5,000) cubic yards, a Permit may be granted
by the Board for such removal without a public hearing.
However, where the excavation, removal, stripping, or mining
exceeds five-thousand (5,000) cubic yards, then a public
hearing will be necessary and the Permit granted shall
indicate the approximate quantity of soil to be removed, the
purpose of removal, and the location of the site of removal.
5.4
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5.7
1.
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 section of
Paragraph 5.7 (Operating Standards). it is further provided
that except where removal under this Paragraph is done in
connection with the formation -or enlargement of a pond,
excavation shall not be permitted below the mean grade of
the street or road serving the property. The excavation of
said pond in any event shall not be such as to change the
direction or flow of a water course or to cause surface
water to gather as a sump or swale. Excavations 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 this Zoning Bylaw.
Operation Standards
Time of Operation
Excavation and site maintenance may be carried on from
6:30 a.m. until 7:30 p.m., Monday through Saturday.
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Trucking from the site may be carried on from 7:00 a.m.
through 6:00 p.m., Monday through Saturday.
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 application. Said
application shall show reason for extension of time,
distance of hauling, and approximate cubic yards to be
hauled.
Site Preparation
Only the active area described in the Permit
application may be made ready for earth removal.
No standing trees are to be bulldozed over, or slashed
and bulldozed 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.
Stumps shall be buried in predesignated areas as shown
on application plans.
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Any change in stump burial must be submitted to the
Board of approval.
5.5
Se
Topsoil Storage
ao
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Ail topsoil removed from the active removal area shall
be piled for future site restoration.
No topsoil shall be removed from the site until all
areas have been restored and permission has been
granted by the Board.
Erosion Control
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Prior to any excavation or earth removal, adequate
siltation basins shall be constructed to prevent the
run-off of silted water from the site.
Ail excavation shall be done so as to create contours
to channel run-off waters into the siltation basins.
No siltation basin shall exceed seven (7) feet in
depth.
Siltation basins must be cleaned when sediment deposits
are within eighteen (18) inches of the outfall invert.
Dust Control
No earth removal operation shall create excessive
amounts of dust or allow roads leading into or from a
site to become excessively dust producing.
Proper dust control methods shall be approved by the
Building Inspector.
Excavation Near Brooks
No excavation shall be made which will alter the
natural way of existing elevation of a brook, stream,
or river.
Ail' banks of brooks, streams, and rivers shall be
reconstructed to be aesthetically attractive and of
sufficient height to prevent abutting properties from
flooding.
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 for all brooks,
streams, and rivers which exceed this size.
Site Screening
An immediate program of site screening shall start when
site preparation begins.
5.6
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Ail entrances shall be screened with existing
vegetation, evergreens, or other suitable natural
methods, so as to prevent a direct view into the earth
removal area.
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 pe 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 following manner:
Trses 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.
8. Access Roads
Ail access roads shall be level with intersectinq
streets for a distance of sixty (60) feet.
A STOP sign shall be installed so as to warn any
vehicle entering onto a Town street.
c. Ail access roads shall be equipped with a suitable
locking gate to prevent unauthorized entry.
Site Maintenance
No open face excavation shall exceed twenty-five (25)
feet in height.
No excavation shall be closer than fifteen (15)
to a property line.
feet
No slope shall exceed a two (2) foot horizontal to a
one (1) foot vertical (2:1) grade.
10. Temporary Buildings
Ail temporary structures shall be specified in the
Special permit application and shown on the Plan.
5.7
5.8
1.
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.
Any temporary structure will be removed no later than
ninety (90) days after the expiration date of the
permit.
11. Mechanical Crushing and Screening
Se
Ail crushing and screening Permits shall be granted for
a period not to exceed six (6) months.
Said Permits shall be granted as a cleanup procedure
only.
c. Washing of processed material will not be allowed.
Operation of crushing or screening equipment shall be
from 7:30 a.m. until 5:00 p.m., Monday through Friday.
Ail crushing and screening equipment shall be equipped
with suitable dust and noise control devices.
Restoration Standards
Ail restoration must be completed within sixty (60) days
after the termination of an Earth Removal Permit or by the
first of June if the Permit terminates between December
first through March thirty-first.
No slope shall be left with a grade steeper than a two (2)
foot horizontal to a one (1) foot vertical (2:1) o
Ail siltation basins shall be filled with earth, and a
natural drainage pattern must be re-established. No area
upon the site which will collect water shall remain unless
approval is granted by the Board or unless the area was
shown on the original application plans.
Ail topsoil which was on the site prior to earth removal
operations shall be replaced to a minimum depth of six (6)
inches on all disturbed 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 percent (60%)
perennials. The planted area shall be protected from
erosion during the establishment period using good
conservation practices. Areas which washout are to be
repaired immediately.
5.8
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5.9
1.
Reforestation - Ail areas which are disturbed in the earth
removal operation shall be reforested with fifty percent
(50%) coniferous and fifty percent (50%) decidous 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 agriculture purposes after earth
removal operations are completed may be reforested in the
following manner:
Trees shall be planted twenty-five (25) feet deep from
a public road or property line.
b. The remaining area shall immediately be planted with
grass or other suitable 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 buildinqs, structures, and unsightly
evidence of operation shall be removed from the premises.
Security Requirements
There must be filed with the Town Treasurer, a continuous
bond or deposit of money in the minimum amount of
One-thousand dollars ($1,000) 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 or 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 termination or cancellation of the bond.
5.9
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SECTION 6
6.1
SIGNS AND OUTDOOR LIGHTING REGULATIONS
Authority and Interpretation
This Bylaw is adopted as a general Bylaw pursuant to Chapter 93,
Section 29-33 inclusive, as amended, and a Zoning Bylaw pursuant
to Chapter 40-A, as amended, of the General Laws of the
Commonwealth of Massachusetts. This Bylaw is hereby declared to
be remedial and protective, and is to be so construed and
interpreted as to secure the beneficial interests and purposes
defined in Section 6.2 of this Bylaw.
6.2
1.
4e
Purposes
The regulation and restriction of signs within the Town of
North Andover in order to protect and enhance the visual
environment of the Town for purposes of safety, convenience,
information, and welfare of its residents.
The restricting of signs and lights which overload the
public's capacity to receive information, which violate
privacy, or which increase the probability of accidents by
distracting attention or obstructing vision.
To encourage signage and lighting which aid communication,
orientation, identify activities, express local history and
character, serve educational purposes for the public good.
The reduction of visual and informational conflict among
private signs and lighting and between the private and
public information systems.
6.3 Definitions
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1. Accessory Sign - A sign that advertises activities, goods,
products, or a specific use, owner, or tenant, available
within the building or on the property on which the sign is
located, or advertises the property as a whole or any part
thereof for sale or rent.
I 2. Building Frontage - The length in feet of a ground floor
level of a building front or side facing a street (or facing
a right-of-way accessible from a street) that is occupied by
an individual business.
Dimensional Sign - A non-accessory sign containing no
advertising and giving direction to community
(non-commercial) activities, buildings, areas, such as
churches, schools, playgrounds, museums, historical sites,
public buildings, etc.
Display Window Signs - Temporary signs on the surface of or
inside display windows, lighted only by the general building
illumination.
I 6.1
Se
10.
11.
12.
13.
14.
15.
16.
17.
Erect - Shall mean and include to construct, place,
relocate, enlarge, alter, attach, suspend, and post.
Flagpole - A pole erected on a roof, or projecting from a
building or structure or on the ground.
Freestanding Sign - Shall mean and include any sign not
attached to a building or the ground.
Ground Sign - Any sign erected on the ground which is
self-supported and anchored to the ground.
Ill,,minated Sign - Illuminated sign shall mean any sign
illuminated by electricity, gas, or other artificial light
including reflective or phosphorescent light and shall
include location of source of illumination.
Marquee - Any sheltering structure of permanent construction
projecting from and totally supported by the wall and/or
roof of a building.
Non-Accessory Sign - Any sign that is not an accessory sign.
Permanent Sign - Any sign permitted to be erected and
maintained for more than sixty (60) days.
Primary Sign - The principal accessory sign which may be a
wall, roof, or ground sign, as allowed in Section 6.6.
Projecting Sign - Any sign which is attached or suspended
from a building or other structure and any part of which
projects more than twelve (12) inches from the wall surface
of that portion of the building or structure.
Roof Sign - Any sign erected, constructed, and maintained
wholly upon, connected to, or over the roof or parapet of
any building with the entire support on the roof or roof
structure.
Secondary Sign - Is a wall, roof, or ground sign intended
for the same use as a primary sign but smaller dimensions
and lettering, as allowed in Section 6.6.
Sign - A sign is any structure, mechanically or electrically
driven, still or moving device, light, letter, figure, word,
model, banner, pennant, trade flag, or representation that
is designed to be seen from outside the lot on which it is
erected. It advertises activities, goods, places, persons,
objects, institutions, organizations, associations,
businesses or events, products, services, or facilities
available either on the property where the sign appears or
in some other location.
6.2
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18.
19.
6.4
1.
The definition includes electric signs in windows or doors,
but does not include window displays or merchandise. A sign
may be permanent or temporary.
Sign Size (Area) - The surface area of any sign is the
entire area within a single continuous perimeter enclosing
the extreme limits of lettering, representation, emblems, or
other figures, together with any material or color forming
an integral part of the display or used to differentiate the
sign from the background against which it is placed.
Structural members bearing no sign copy shall not be
included.
Wall Sign - Any sign affixed to, suspended from or painted
on a wall, window, marquee, or parapet.
Administration and Enforcement
Enforcement - The Building Inspector is hereby designated as
the Sign Officer and is hereby charged with the enforcement
of this Bylaw.
ae
The Sign Officer and his duly authorized agents shall,
at reasonable times and upon presentation of
credentials, have the power to enter upon the premises
on which any sign is erected or maintained in order to
inspect said sign.
The sign Officer is further authorized, upon notice as
herein provided, to order the repair or removal of any
sign which in his judgement is a prohibited
non-accessory sign, or is likely to become dangerous,
unsafe, or in disrepair, or which is erected or
maintained contrary to this Bylaw. The Sign Officer
shall serve a written notice and order upon the owner
of record of the premises where the sign is located and
any advertiser, tenant, or other persons known to him
having control of or a substantial interest in said
sign, directing the repair or removal of the sign
within a time not to exceed thirty (30) days after
giving such notice.
If such notice and order is not obeyed within such
period of time, the Sign officer and his duly
authorized agents shall, at reasonable times and upon
presentation of credentials, have the power to enter
upon the premises on which said sign is erected or
maintained and repair or remove, or cause to be
repaired or removed, said sign.
6.3
t
Ail expenses incurred by the Sign officer and his duly
authorized agents in repairing or removing any sign
shall be assessable against any person who failed to
obey said notice and order and shall be recoverable in
any court of competent jurisdiction if not paid within
thirty (30) days after written notice of assessment is
given by the Sign Officer at any such person.
Permits:
No permanent sign shall be erected, altered, or
enlarged until an application on the appropriate form
furnished by the Sign Officer has been filed with the
Sign Officer containing such information, including
photographs, plans and scale drawings, as he may
require, and a permit for such erection, alteration, or
enlargement has been issued by him. Such permit shall
be issued only if the Sign Officer determines that the
sign complies or will comply with all applicable
provisions by this Bylaw.
Reports to Outdoor Advertising Board and the Public:
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On or before May 1 in each year, the Sign Officer shall
prepare and certify a list of all non-accessory signs
within the Town which do not conform to the
requirements of this Bylaw. Such list shall specify
for each such sign the permit number, if any, the owner
of record of the premises where the sign is located,
and any advertiser, tenant, or other person known to
him having control of or a substantial interest in said
sign, and a description of the reasons for such
non-conformance, including a citation to the aDplicable
provisions of this Bylaw. A copy of such list shall be
delivered or mailed by that date to the Outdoor
Advertising Board and shall be posted for a period of
at least three months, beginning on May 1 in each year,
in the office of the Town Clerk.
The Sign Officer shall keep records of all actions
taken pursuant to this Bylaw. He shall make an annual
report to the Town listing all such actions and any
apparent violations of this Bylaw.
6.4
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6.5
1.
Non-conformance of Accessory Signs:
Accessory signs legally erected before the adoption of this
Bylaw which do not conform to the provisions of this Bylaw
may continue to be maintained, provided, however, that no
such sign shall be permitted is it is, after the adoption of
this Bylaw, enlarged, reworded (other than in the case of
theater or cinema signs or signs with periodically changing
messages), redesigned or altered in any way, including
repainting in a different color, except to conform to the
requirements of this Bylaw; and provided further that any
such sign which has deteriorated or been damaged to such an
extent that the cost of restoration would exceed thirty-five
percent (35%) of the replacement cost of the sign at the
time of the restoration shall not be repaired or rebuilt or
altered except to conform to the requirements of this Bylaw.
Any exemption shall terminate with respect to any sign
which:
a. shall have been abandoned;
advertises or calls attention to any products,
businesses or activities which are no longer sold or
carried on, whether generally or at the particular
premises; or
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shall not have been repaired or properly maintained
within thirty (30) days after notice to that effect has
been given by the Sign Officer.
Allowed Signs
Residence Districts: Accessory Signs
One sign displaying the street number and/or name of
the occupant of the premises not exceeding 1 square
foot in area. Such sign may include identification of
an accessory professional office, home occupation, or
other accessory uses permitted in a residence district.
be
One unlighted, temporary "For Sale" or "For Rent" sign
not exceeding 6 square feet in area and advertising
only the premises on which it is located; to be removed
fourteen (14) days after sale, rental or lease.
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One unlighted contractor's sign, not exceeding 12
square feet in area, maintained on the premises while
construction is in process and containing information
relevant to the project. Such sign shall be removed
promptly after completion of the construction.
6.5
e
One unlighted identification sign at each public
entrance to a subdivision not exceeding 12 square feet
in area; to be removed when the subdivision is
completed.
One identification sign at each public entrance to a
multi-family development not exceeding 12 square feet
in area.
fe
Bulletin or announcement boards, identification signs
or entrance markers for a church, synagogue, or
institution, not exceeding a combined total of 30
square feet and provided that there shall be no more
than two (2) signs allowed on the premises.
One sign for a non-residential use that is a permitted
use, a use allowed by Special Permit, or a legal
non-conforming use. The sign may be no more than
one-half the area that would be allowed if the sign
were in a business or industrial district. Accessory,
professional, home occupation, and other permitted
uses are subject to Section 6,(1) a).
Notwithstanding any other provisions of this Bylaw,
signs may be erected for po~ting land; ie., no hunting,
no trespassing, etc.
Residence Districts: Non-accessory Signs
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Directional signs by Special Permit from the Board of
Selectmen, limited as follows:
Two signs for each activity, not exceeding 6"x 30"
in size.
2. Ground signs not exceeding 8 feet in height.
be
Street banner or signs advertising a public or
charitable entertainment or event, by Special Permit
from the Board of Selectmen. Such a sign shall be
removed within seven (7) days after the event.
Business and Industrial Districts: Accessory
Ail signs permitted in residence districts as provided
in Sections 6.51 and 6.52.
Each owner, lessee, or tenant shall be allowed a
primary and a secondary sign. Said signs may be used
as ground, wall, or roof signs. No lot shall be
allowed to have more than one (1) ground sign
structure.
6.6
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6.6
1.
Traffic control, orientational and guidance signs
located on private property, up to 4 square feet in
area, displayed for purposes of direction or
convenience, including signs identifying parking, fire
lanes, rest rooms, freight entrances, and the like.
Building directories (if located outside) may be
affixed to the exterior wall of a building at each
public entrance. Such directory shall not exceed an
area determined on the basis of 1 square foot for each
establishment occupying the building.
One unlighted, temporary real estate sign of up to 12
square feet pertaining to the sale, rental or lease of
the premises; to be removed within fourteen (14) days
of sale, rental or lease.
Service stations or garages may divide the allowed wall
sign area into separate, smaller wall signs indicating
separate operations or departments. The allowed ground
sign area may be divided between one ground sign and
one free-standing sign. Two additional primary ground
signs may be allowed by Special Permit from the Special
Permit awarding authority.
Display window signs covering no more than 20 percent
(20%) of the display window area.
Sign Regulations
Illumination
No sign shall be illuminated between the hours of 12
midnight and 6:00 a.m., unless, in the case of an accessory
sign, the premises on which it is located are open for
business. Signs may be illuminated by the following means
without causing hazardous conditions for motorists of
offending pedestrians or neighboring premises:
ae
by a steady stationary light of reasonable intensity
shielded and directed solely at the sign;
b. by an internal light of reasonable intensity; or,
c. by neon or gas-filled tubes.
Outdoor Lighting
Ail temporary or permanent outdoor lights, such as those
used for area lighting, building floodlighting, shielded
sources directed so that the light source is not directly
visible to any point beyond the lot lines of the premises.
6.7
Letter Signs
a. Primary Signs
Wall or roof sign: 1/2 inch of letter height
allowed per foot of building frontage with a
maximum of seven (7) feet. Eighteen (18) inch
allowed if the building frontage is less than
thirty-six (36) feet.
Ground sign: Eighteen (18) inch maximum letter
height allowed.
b. Secondary Signs
Eight (8) inch maximum letter height allowed
c. Logos
Twice letter height allowed but limited to seven (7)
foot maximum height.
Sign Size
Primary wall and roof signs attached to or part of the
architectural design of a building shall not exceed, in
total area, more than ten percent (10%) of the area of
the two dimensional elevation of the building as'
determined by the building frontage multiplied by the
height.
A primary ground sign shall be limited to one (1)
square foot for each five (5) linear feet of street
frontage of the lot on which the sign is located. Ail
street frontages may be used in determining sign size.
A secondary sign shall be limited to one-half (1/2) the
area permitted for a primary sign.
de
Only one side of a double-faced sign shall be included
in calculating surface area; providing that the two (2)
display surfaces are joined at an angle no greater than
45 degrees. All sides of multi-faced signs, visible
from any one point, shall be included in the
calculation of surface area.
Sign Height and Location
Corner Lots - the owner of the premises shall be
allowed to choose the street orientation of allowed
signs.
6.8
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No wall or roof sign shall extend more than four (4)
feet above the lowest point of the roof of the building
with which it is associated.
No wall or roof sign shall overhang the public way more
than twelve (12) inches.
Ground signs shall be set back a minimum of ten (10)
feet from all property lines and a minimum of forty
(40) feet from all residential districts or structures
and shall be limited in height to twenty (20) feet
above ground.
6.7
Prohibitions
No sign shall contain any moving, flashing, or animated
lights, or visible moving or movable parts, except such
portions of a sign as consist solely of indicators of time
and/or temperature, or which have historic significance.
2. No sign shall be erected, displayed, or maintained:
a. Upon any rock, tree, fence, or utility pole;
b. If it contains any obscene, indecent, or immoral
matter;
Unless all parts and attachments and the ground about
the base thereof are kept in neat and safe conditions.
No sign shall be permitted or allowed to be so locate~ as to
obstruct a view of the rights of way at a corner of
intersecting streets or at an entrance to a street.
4. No sign shall obstruct any means of egress from a building.
No sign shall detract from the effectiveness of a traffic
signal.
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No political sign shall be maintained or erected in the
Town.
7. Projecting signs are prohibited.
Non-accessory signs are prohibited except for directional
signs as allowed in Section 6.52
6.8 Severability
The invalidity of any section or provision of this Bylaw shall
not invalidate any other section or provision hereof.
6.9
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SECTION 7
DIMENSIONAL REQUIREMENTS
7.1 Lot Area
Minimum lot areas for such uses in each district shall be as set
forth in Table 2, Summary of Dimensional Requirements, which is
hereby made part of this Bylaw.
As of April 28, 1986, the area of any new lot created, exclusive
of area in a street or recorded way open to public use, at least
seventy-five (75) percent of the minimum lot area required for
zoning shall be contiguous land other than land located within a
line identified as wetland resource areas in accordance with the
Wetlands Protection Act, Massachusetts General Laws, Chapter 131,
Section 40. The proposed structure must be constructed on said
designated contiguous land area.
In determining the fulfillment of the minimum area and
minimum street frontage of a lot required in any zoning
district, there shall not be included any land within the
limits of a street upon which such lot abut even if the fee
to such street is in the owner of the lot; except that if a
corner lot at its street corner is bounded in part by a
segment of curved line not more than seventy-five (75) feet
in length connecting other lines bounding such lot which if
extended would intersect, the area and frontage required in
such lot shall be computed and if such potentially
intersecting lines were so extended; but if a curved line
more than seventy-five (75) feet in length is the whole of
any one boundary line of a lot, the minimum area and minimum
frontage required shall be determined entirely within the
lines bounding such lot, including such curved line.
No lot, upon which is then located any buildings or with
respect to which a permit has been issued and is then
outstanding for the erection of any building, shall be
subdivided or reduced in area in any manner unless said lot
shall thereafter fulfill the lot area, street frontage and
yard space requirements of this Bylaw except as may be
permitted otherwise by the provisions of a variance granted
by the Board of Appeals. 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 domain or conveyed for a public purpose for which
the land could have been taken shall not be deemed to be
transferred in violation of the provisions hereof.
7.1
7.2
Street Frontage
Minimum street frontage shall be as set forth in Table 2. In no
case shall actual street frontage at the street line be less than
seventy-five (75) feet. Corner lots shall be required to have
the required frontage only on one street.
Minimum street frontage exceptions for large lots:
notwithstanding the above provisions, a lot in any
residential district need not have the specified amount of
street frontage, provided that:
as
The area of the lot exceeds by three (3) times the
minimum lot area required for that district;
ms
The lot has a minimum continuous street frontage of not
less that fifty (50) feet and a width of not less than
(50) feet at any point between the street and the site
of the dwelling;
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There is not more than one other such lot with frontage
contiguous to it: and
It is not so located as to block the possible future
extension of a dead end street.
7.3
es
No such lot as described above on which a dwelling is
located, shall be hereafter reduced in area below the
minimum area required in Section 7.2.1 (1985/16)
Yards (Setbacks)
Minimum front, side and rear setbacks shall be as set forth in
Table 2, except for eaves and uncovered steps. Buildings on
corner lots shall have the required front setback from both
streets, except in Residence 4 (R-4) District, where the setback
from the side street shall be twenty (20) feet minimum.
7.4
Building Heights
Maximum heights of buildings and structures shall be as set forth
in Table 2. The foregoing limitations of height in feet in the
designated zoning districts shall not apply to:
35
Farm buildings on farms of not less than ten (10) acres.
Nor shall they apply to chimneys, ventilators, skylights,
tanks, bulkheads, penthouses, processing towers, and other
accessory structural features usually erected at a height
greater than the main roofs of any buildings.
Nor to domes, bell towers, or spires of churches or other
buildings, provided all features are in no way used for
living purposes.
7.2
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45
And further provided that no such structural feature of any
non-manufacturing building shall exceed a height of
sixty-five (65) feet from the ground.
Nor of a manufacturing building a height of eighty-five (85)
feet from the ground.
7.4.1 Lot Width
The width on any lot created shall have a minimum lot width of
fifty (50) feet between the legal frontage and building set back
to the front building line. (1985/24)
7.5 Lot Coverage
Maximum lot coverage by buildings shall be as forth in Table 2.
Lot coverage shall mean the percent of the lot covered by
principal and accessory structures.
7.6
Floor Area Ratio
Maximum floor area ratio (FAR) shall be as set forth in Table 2.
FAR is the ratio between the total amount of building floor area
on all usable floors and the area of the lot on which it is
located.
7.7
Dwelling Unit Density
Maximum dwelling unit density (dwelling units per acre) shall be
as set forth in Table 2.
7.8 Exceptions
The residential lot areas and frontages above required and
listed in Table 2 shall not apply in any residence district
to any lot of less area or less frontage than above required
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 the applicant for a building permit
on any such lot shall show by citations from the Essex
County Registry of Deeds incorporated in or attached to such
application that such lot was lawfully laid out and duly
recorded by plan or deed prior to January 9, 1957 and
provided that on such a lot there shall be kept open and not
built upon a front yard and a rear yard each not less than
20 feet deep, and two side yards, each not less than 12 feet
wide; and further provided that such lot shall have a
minimum street frontage of 50 feet and a minimum lot area of
'5,000 square feet.
7.3
In Residence 4 (R-4) Districts only, two or more vacant lot,
mutually adjoining, may with a Special Permit from the Board
of Appeals be permitted to be combined into a new lot or
lots of not less than 10,000 square feet area each, and with
not less than 100 feet street frontage, provided it be shown
to the Board of Appeals that each such lot was lawfully laid
out and duly recorded by plan or deed prior to January 9,
1957 and the Building Inspector shall permit the
construction of one single family dwelling on each such
10,000 square foot lot.
As described in M.G.L. Ch. 40A, no amendment to this Zoning
Bylaw shall apply to land shown on an approved definitive
subdivision plan as defined by the Subdivision Control Law,
for the length of time described in M.G.L. Ch 40A.
As described in M.G.L. Ch. 40A, no amendment to this Zoning
Bylaw shall affect the use of land shown on an endorsed
Approval Not Required Plan, as defined by the Subdivision
Control Law, for the length of time described in M.G.L. Ch
40A.
7.4
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SECTION 8
8.1
1.
Use
SUPPLEMENTARY REGULATIONS
Off Street Parking
Whenever a building is erected, reconstructed, moved or
expanded or if a change in use occurs so as to increase it
floor area and/or design capacity, there shall be provided on
the same lot with such building or on a lot contiguous thereto
(or within 100 feet thereof) in the same ownership as the
parcel containing the primary use, a sufficient number of open
or covered parking spaces to satisfy the requirements of the
following schedule for the new building or increased design
capacity of floor area:
Where a use is not indicated prior to construction or issuance
of building permit, the number of parking spaces provided
shall be the maximum required.
Minimum Spaces Required
One or two family residence
Multi family residence
Congregate Housing
Ail other places with
accommodations including
(but not limited to)
rooming houses, hotels,
motels, hospitals, nursing
homes.
Auditoriums, theaters,
athletic fields, funeral
parlors, day care centers
and other places of assembly.
Restaurants, sit down
restaurants, drive through
fast food.
2 spaces per dwelling
unit.
2 spaces per dwelling
unit. 1 space per
dwelling unit for a unit
designed and occupied by
the elderly as defined
under government assisted
programs.
0.75 per dwelling unit
(29/'87)
1 space per sleeping room
for single or double
occupancy, 1 per 2 for
rooms exceeding double
beds for rooms exceeding
double occupancy.
1 space per 4 persons
based on the design
capacity of the facility.
1 per 2 seats or 15 per
1000 GFA. (Whichever is or
greater applies)
8.1
Retail store and service
establishments.
6 per 1000 square feet
GFA except 5 per 1000
square feet GFA in
Business 1 and 2 General
Business.
Offices
1 space per 300 square
feet of GFA.
Medical Offices and
Research facilities
3 Spaces per 1000 square
feet GFA plus one space
per employee.
Warehousing, Wholesaling,
distributing
1 space per 500 square
feet GFA.
Manufacturing, assembly,
fabrication, etc.
1 space per 2 employees
in the minimum working
shift or 1 space per
1,000 GFA whichever is
greater.
The required parking for any two (2) or more uses or
structures may be provided by the allocation of the total of
the various spaces required for each use or structure in a
common parking facility, cooperatively established and
operated.
45
The regulations of this section shall not apply to
non-residential uses or structures whose minimum parking under
the above schedule would amount to five (5) parking spaces or
less or residential uses or structures whose minimum parking
would amount to two (2) parking spaces or less.
If the Building Inspector is unable to identify a use with one
(1) or more of the uses in the above schedule, application
shall be made to the Board of Appeals for the purpose of
determining a sufficient quantity of parking spaces to
accommodate the automobiles of all customers, employees,
visitors, occupants, members or clients consistent with the
provisions contained in the above schedule.
The Board of Appeals may by variance make exceptions to the
provisions of this section and , upon a written request of the
owner and after a public hearinq, authorize the Building
Inspector to issue permits for buiidings and uses having less
off-street parking than specified herein, whenever the Board
of Appeals finds that under normal circumstances such lesser
off-street parking area would adequately provide for the needs
of all persons using such building. Such exceptions may be
limited as to time, use or intensity of use.
8.2
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10.
11.
12.
A parking space shall mean an area of not less than 10' x 20',
accessible over unobstructed driveways not less that 25' wide.
For parking lots which contain ten (10) or more spaces, up to
forty percent (40&) of the total number of parking spaces
provided may be designed for compact cars with a minimum width
of 7.5 feet and length of 16 feet. Compact car spaces cannot
be provided for grocery stores.
For multi-family dwellings the front yard shall not be used
for parking for accessory uses.
In all residential districts the front yard shall not be used
for parking for accessory uses.
In residence districts parking or outdoor storage of one (1)
recreational vehicle (camper, etc.) and one (1) boat per
dwelling unit may be permitted in an area to the rear of the
front line of the building. All other recreational vehicle
and boat storage (if any) shall be within closed structures.
Loading facilities provided for any use shall be sized,
located, arranged, and of sufficient number to allow service
by the type of vehicle customarily excepted for the use while
such vehicle is parked completely clear of any public way or
sidewalk.
In residence districts garaging of off-street parking of not
more than four (4) motor vehicles per dwelling unit may be
permitted, of which four (4) motor vehicles, not more than two
(2) may be commercial vehicles other than passenger sedans and
passenger station wagons, but not counting farm trucks nor
motor-powered agriculture implements on an agriculturally
active farm or orchard on which such vehicles are parked.
Commercial vehicles in excess of one (1) ton capacity shall be
garaged or screened from view of residential uses within three
hundred (300) feet by either:
A strip at least four (4) feet wide, densely planted with
trees or shrubs which are at least four (4) feet high at
the time of planting and which are of a type that may be
expected to form a year-round dense screen at least six
(6) feet high within three (3) years, or
be
An opaque wall, barrier, or fence of uniform appearance
at least five (5) feet high, but not more than seven (7)
feet above finished grade.
Such screening shall be maintained in good condition at
all times, and shall not be permitted to exceed seven
feet in height within required side yards. Such
screening or barriers may be interrupted by normal
entrances or exits and shall not be required within ten
(10) feet of a street lot line.
8.3
Garaging 6r off-street parking of an additional two (2)
commercial vehicles may be allowed by Special Permit.
When it is deemed to be in the public good, parking for
additional pleasure vehicles may be allowed by Special
Permit.
13.
Village Commercial Dimensional Requirements
Parking
Objective: To produce parking which is aesthetically pleasing,
well screened, accessible and broken into smaller parcels that may
directly and adequately service adjacent structures.
aJ
A minimum of 5% landscaping and green space must be
provided for all parking areas. This 5% is not intended
to include the buffer zones, but shall include all
internal landscaped islands in the parking areas.
be
No single section of parking may contain more than 25% of
the total proposed parking spaces or more than 50 spaces,
whichever is less. As a method of division, 6' wide
parking lot islands shall be installed to provide the
proper break between adjacent parking lots. For projects
which require less than 50 spaces in total, the Planning
Board may allow 50 spaces to be located together if an
effective visual buffer is provided.
Each landscaped island must be 6' in width at the
minimum. In locations where the possibility exists to
enlarge the entire island or portions thereof, the
Planning Board would recommend that such measures be
taken.
In all instances where natural topography lends itself to
the screening of these parking areas it shall be left in
its natural state. The Planning Board may at their
discretion require additional screening at the owners
expense.
de
Parking lots shall be provided only at the side or to the
rear of the buildings. The Planning Board may, at their
discretion, allow up to 50 spaces, or 25% of the total
parking, whichever is greater, to be located to the front
of the structure as long as all other dimensional
criteria are adhered to.
e~
The Planning Board shall have the discretion to allow
between 4 - 6 parking spaces per 1,000 square feet of
Gross Floor Area for retail development in the Village
Commercial District.
8.4
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¸14.
One (1) ha~~k~q ~pmce shall be provided for every
twenty (20) parking spaces provided on site. The handicapped
space shall be 12' x 20' and be indicated by a ground mounted
sign and pavement markings·
8.2 Automobile Service Stations and Other Automobile Services
Automobile service and filling stations, automobile repair shops,
body shops and painting shops, tire stores, radiator shops or any
of their appurtenances or accessory uses shall not be erected,
placed or located within fifty (50) feet of any residence district
or residence structure.
In addition, the use or structure shall conform to the following
requirements (in addition to district requirements):
The minimum frontage on a street shall be one hundred and
fifty (150) feet.
The maximum width of driveways and curb cuts measured at the
street lot line or lines shall be thirty (30) or barriers may
be interrupted by normal entrances or exits and shall not be
required with ten (10) feet of a street lot line.
8.3 Site Plan Review
Purpose
This section provides the procedures and standards for Site Plan
Review. The intent of Site Plan Review is to ensure that all Town
Bylaws are adhered to, as well as encourage the arrangement of
buildings, structures, open space, off-street parking, lighting,
that will promote the public health, safety, convenience and
welfare by establishing a uniform system of review of proposed
construction in the Town of North Andover.
This section of the Zoning Bylaw is adopted pursuant to Chapter
40A, Section 9. All Site Plan Review applications submitted under
the provisions of this section, shall be reviewed by the Planning
Board as a Special Permit.
Sites and developments to which this section applies shall comply
with the regulations of this section as well as those other
applicable Town Bylaws, or the requirements of the Commonwealth of
Massachusetts, prior to any construction being undertaken in the
Town of North Andover.
8.31 Development Which Require Site Plan Review
1. Site Plan is required when:
Any new building(s) or construction, which contains more
than two thousand (2,000) square feet of gross floor area
which is undertaken on land within the Town of North
8.5
Andover; or
Any construction which results in the addition of more
than two thousand (2,000) square feet or gross floor area
to an existing structure; or contains five (5) or more
parking spaces.
Any construction, site improvements, new uses in existing
structures or developments which contain new processes
not normally associated with the existing use which
results in changes in the potential nuisance to adjacent
property, traffic circulation and/or stormwater drainage
onto or off of the site.
2. The following development(s) are exempt from Site Plan Review:
a. Single family dwelling(s) and two family dwelling(s);
Small structures or additions which do not exceed two
thousand (2,000) square feet of gross floor area;
Routine repairs and maintenance that do not exceed the
provisions of Section 8.31 (1) (c).
8,32 site Alteration - Violation of the Bylaw
No building permit, site clearing, filling, grading, material
deliveries or construction shall be initiated on any site which
this section applies until Site Plan approval as required by this
section is obtained.
Nothing herein shall be construed, however, to prohibit such
clearing or altering as may be necessary for purposes of conducting
predevelopment studies, such as geotechnical tests,
soil borings, wetlands determination, percolation tests for septic
systems as required by the Board of Health, or other similar test
as required in order to fulfill a requirement of any Town Bylaw or
regulations of the Commonwealth.
8.33 Procedures
The site plan approved by the Planning Board becomes the official
development plan for a site within the Town of North Andover. Town
permits are issued or withheld based upon compliance with the
approved site plan. The approved site plan is legally binding and
can only be changed or adjusted in compliance with the provisions
contained in Section 8.36.
Any proposed development meeting any of the criteria set forth in
Section 8.31(1), shall be subject to Site Plan Review and submit a
Special Permit application to the Planning Board, depending on the
classification of the proposed development as "major",
"intermediate,, or "minor". Requirements for site plan shall vary
depending upon its classification criteria as outlined below:
8.6
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For purposes of this section "major", "intermediate" o~ "minor"
developments are:
A MAJOR DEVELOPMENT is a project which meets one of the
following criteria:
Se
The project contains, or is to contain, ten (10) or more
acres; or
The project contains, or is to contain fifty (50) or more
housing units: or
Co
The project contains, in the aggregate, twenty-five
thousand (25,000)) or more square feet of building
coverage in any new and/or existing building (s); or
The project contains, or is to contain, two hundred (200)
or more parking spaces; or
Se
The project will generate one thousand (1,000) or more
new vehicle trips per daye
An INTERMEDIATE DEVELOPMENT is a project which meets one or
more of the following criteria:
ae
The project contains, or is to contain, between one (1)
acre and nine (9.99) acres; or
be
The project contains, or is to contain, between eleven
(11) housing units and forty-nine (49) housing units; or
Ce
The project contains, or is to contain, between five
thousand (5,000) square feet and twenty-five thousand
!25,000) square feet of building coverage, in any new
and/or existing building (s).
A MINOR DEVELOPMENT is a project which meets one of the
following criteria:
a. The project is less than one (1) acre in size; or
The project contains, or is to contain, between three (3)
housing units and ten (10) housing units; or
Ce
The project contains, in the aggregate, less than five
thousand (5,000) square feet of building coverage.
When any proposed development falls into two, or more development
purposed and the type of information required for Site Plan Review.
8.34 Information Required
Applicants for Site Plan Review shall submit to the Planning Board
the following materials for review:
8.7
Special Permit Application Form, along wi{h any fees as may be
set by the Town Bylaw;
Drawings prepared at a scale of one inch equals forty feet
(1"=40') or larger, or at a scale as approved in advance the
Town Planner;
Ail site plans shall be prepared by a certified architect,
landscape architect, and engineer registered in the
Commonwealth of Massachusetts; all plans shall be signed and
stamped;
The times for submission of the site plans for review by the
Planning Board are specified in Section 10.3 of the Zoning
Bylaws (Special Permit Regulations)
8.8
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TABLE 1
INFORMATION REQUIRED FOR SITE PLAN REVIEW
Type of Development Proposed
Major Interme_~~iate Minor
Type of Information Required
X X X
X X X
X X X
X X X
X X X
X X X
X X X
X X X
X X X
/Walkways
x X x
X X X
X X X
X X O
X X O
X X O
X X O
X O O
X O O
X O O
1. North Arrow/Location Map
2. Survey of the Lot/Parcel
3. Name/Description of Project
4. Easements/Legal Conditions
5. Topography
6. Zoning Information
7. Stormwater Drainage Plan
8. Building(s) Location
9. Location of Parking
10. Location of Wetlands
11. Location of Walls/Signs
12. Location of Roadways
/Drives
13. Outdoor Storage/Display
Area
14. Landscaping Plan
15. Refuse Areas
16. Lighting Facilities
17. Drainage Basin Study
18. Traffic Impact Study
19. Commonwealth Review
X Required Information
O Information may be requested by the Planning Board
8.9
TABLB 2
T¥ge of Information Required - Bxp!anation
1. NORTH ARROW/LOCATION MAP
A north arrow and a location map showing surrounding roadways and
land uses adjacent to the site (1"=1500'). Location Map should
show at least one intersection of two existing Town roadways.
2. SURVEY OF LOT/PARCEL
A boundary survey conforming to the requirements of the Essex
County Registry of Deeds Office. The survey shall be dated and
include any revision made to the survey or site plan. Any change
in the survey shall be recorded before site plan approval may be
granted.
3. NAME/DESCRIPTION OF PROJECT
The name of the development and the names, addresses and telephone
numbers of the project listing tenants, land uses, development
phases, or other pertinent information necessary to evaluate the
proposed development plan.
4. EASEMENTS/LEGAL CONDITIONS
Identification of easement(s) or legal encumbrances(s) that are
related to the sites physical development, and a listing of any
condition(s) placed upon the site by the Board of Appeals, Planning
Board, Conservation Commission, or any public body or agency, with
the authority to place conditions on the sites development.
5. TOPOGRAPHY
The present and proposed topography of the site, utilizing two foot
(2') contour intervals. The contours shall extend at least fifty
(50') feet beyond the site boundaries by estimation of the
professional submitting the plan.
6. ZONING INFORMATION
Ail aDplicable Zoning Bylaw information shall be provided regarding
the site's development. This information shall be placed in a
table and list all parking setbacks, percent of lot coverage,
floor-area-ratio, number of dwelling units, total amount of square
feet, size of signs and any other applicable zoning infor~ation
necessary for the proper review of the site plan by the Town
Planner and Planning Board.
8.10
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7. STORMWATER DRAINAGE
Ail stormwater drainage control facilities utilized by the site
shall be shown on the site plan. Stormwater drainage calculations
which support the design of the control facilities shown the plan
shall be submitted to the Department of Public Works for review and
approval. Calculations shall show a mitigation of run-off to zero
of the 2, 10, and 100 year storm event.
8. BUILDING LOCATION
Identification of all existing and proposed structure(s)
located on the site. The number of stories, overall height in feet
and gross floor area in square feet of all structure shall be
indicated.
9. LOCATION OF PARKING/WALKWAYS
Identification of the location of all existing and proposed parking
and walkways areas, including curb cuts that will be used to access
the site from adjacent roadways, or access points.
!0. LOCATION OF WETLANDS/NOTICE OF INTENT
Ail resource areas as defined in M.G.L. Chapter 131, Section 40 and
the Town's Wetland Bylaw, shall be shown on the site plan. The
applicant shall file a Notice of Intent with NACC concurrently with
the application to the Planning Board for Site Plan Review.
11. LOCATION OF WALLS/SIGNS
Identification of the location, height and materials to be used for
all retaining walls and signs located on the site.
12. LOCATION OF ROADWAYS/DRIVES
Identification of all right-of-ways and driveways including the
type of curb and gutter to ~be used, and their dimensions.
Distances to all the nearest roadways and/or curb cuts shall be
shown for both sides of any streets which is adjacent to the site.
13. OUTDOOR STORAGE/DISPLAY AREAS
Identification of the location and type of outdoor storage and
display areas on the site.
8.11
14. LANDSCAPING PLAN
Identification of the location and landscape schedule of
all perimeter and interior landscaping, including but not limited
to proposed paving materials for walkways, fences, stonewalls and
all planting materials to be placed on the site. In addition, all
existing trees over 12 inches DBH, to be saved or removed shall be
shown on the site plan. Any landscaping required by the Town
Bylaws shall be indicated on the site plan in tabular form showing
the amount required and the amount provided.
15. REFUSE AREAS
Identification of the location of each outdoor refuse storage area,
including the method of storage and screening.
16. LIGHTING FACILITIES
Identification of the proposed illumination, indicating the
direction and the degree of illumination offered by the proposed
lighting facilities, including an example of the light fixture to
be used.
17. DRAINAGE BASIN STUDY
A detailed hydrology study for the site. Included in this study is
the proposed stormwater run-off rates into the existing drainage
system and its potential down-stream impact on the existing
drainage system.
18. TRAFFIC IMPACT STUDY
Identification of existing traffic levels, along with the expected
traffic impacts to occur based upon the proposed project. Projects
which access state highways, a traffic impact study shall be filed
with MEPA concurrently with the Planning Board review. A copy of
the MEPA study shall be filed with the application to the Planning
Board.
19. COMMONWEALTH REVIEW
Any information required and submitted to any agency of the
Commonwealth, shall be filed with the Planning Board upon the
initial submission of the project for Board review.
8.35
Findings of the Planning Board
The Planning .Board shall either A) approve, B) approve with
conditions, or C) deny a site plan submitted for review.
The Planning Board shall approve a site plan with the
following conditions are met:
8.12
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The site plan complies with all current Bylaw
requirements of the Town, and;
The site plan has been submitted in accordance with the
regulations and procedures as outlined in this section
and Section 10.31 (Conditions for Approval of Special
Permit.)
The Planning Board shall conditionally approve a site plan
when the following conditions are met:
The application needs to go to any Town Board/Department
or Commission for approvals, or requires approvals by any
state, and/or federal agency and;
The site plan generally complies with Town Bylaw
requirements, but requires minor changes in order to be
completely in compliance with the Town Bylaw regulations.
The Planning Board may deny approval of a site plan for the
following reasons:
The plan does not include all the materials or
information required in this section, or has failed to
adhere to the Drocedures for Site Plan Review as outlined
in this section, and Section 10.3 (Special Permits), or;
The plan as presented is not in compliance With Town
Bylaws, or;
The plan has been drawn incorrectly or in such form that
the Planning Board is unable to determine what
~nformation is being presented for review, or;
The applicants have failed to incorporate and adhere to
any condition(s) for approval granted by any Town Board,
Department or Commission, or requirements called for by
any state or federal agency, which has proper authority
upon which to place conditions on a matter before the
Planning Board.
8.36
Revisions to Approved Site Plan
Any revisions to a development that has secured site plan approval
shall be submitted to the Town Planner for review.
No revisions shall be approved until the Town Planner receives
three (3) copies of the revised plan and the revisions placed on
the plan fall into the following categories:
A change of location and layout of any parking area(s) sign,
storage or accessory building, provided that no Town Bylaws
are violated by the change;
8.13
be
The change in ~he proposed landscaping plan which does not
violate any Town Bylaw;
A change of egress and ingress provided the same is in
compliance with Town Bylaws and the requirements of the
Commonwealth.
The revisions cited above may be done without further review by
Planning Board, upon approval by the Town Planner. The Town
Planner may determine that the revisions as shown do not fall into
the categories outlined in this subsection, and that the proposed
revisions are in fact substantial and call for materially different
site plan than approved by the Planning Board in that changes are
called for in the type, location and manner of the facilities and
site improvements to be constructed and shown in the approved site
plan.
If the revisions are determined to be substantial and materially
different by the Town Planner, the Town Planner shall direct the
applicant to resubmit the site plan to the Planning Board in
accordance with the provisions of this section.
8.4
screening and Landscaping Requirements for Off-Street
Commercial and Industrial Districts (1987/la)
For all commercial and industrial districts the following minimum
screening and landscaping requirements shall apply for all
off-street lots with more than 6 parking spaces, or in any instance
when a commercial or industrial off-street parking area of any size
abuts a residential district.
1. A strip of land at least six (6) feet wide (may be part of
required yard setbacks) with trees or shrubs densely planted,
to create at least an impervious screen, at least four (4)
feet high at the time of planting and which are of a type that
may be commonly expected to form a year round impervious
screen at least five (5) feet high within three years.
2. If a natural screen as described in item 1 above cannot be
attained, a wall or fence of uniform appearance at least five
(5) feet high above finished grade will be allowed. Such a
wall and/or fence may be perforated, provided that not more
than 25% of the face is open.
e
Ail required screening, as described in items 1 and 2 above,
shall be maintained in good condition at all times. Such
screening may be interrupted by entrances or exits, and shall
have no signs attached thereto other than those permitted in
th~ district.
For all off-street parking areas of 20 or more spaces the following
criteria shall also apply.
8.14
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4. On at least three sides of the perimeter of an outdoor parking
I lot, there shall be planted at least one tree for
every
thirty
(30) linear feet. In the interior part of an outdoor parking
lot where two rows of parking spaces containing a total of 10
or more parking spaces face each other, a landscaped open
I space not less than 6 feet in width shall be provided. The
landscaped strip may be provided either; 1) between the rows
of parking spaces parallel to the aisle or, 2) in two or more
strips parallel to the spaces and extending from the aisle
serving one row of spaces to the aisle serving the other row
of spaces, as illustrated below.
I Trees required by this section shall be at least 3.5 inches in
diameter at a height four feet above the ground at time of
planting and shall be of a species characterized by
I suitability and hardiness for location in parking lot. To the
extent practicable, existing trees shall be retained and used
to satisfy this section.
The following graphics are intended as illustrations and
examples only and have not been incorporated into the
requirements of this Bylaw.
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Ail artificial lighting used to illuminate any commercial or
industrial parking lot, loading bay or driveway shall have
underground wiring and shall be so arranged that all direct
rays from such lighting falls entirely within the parking,
loading or driveway area, and shall be shielded or recessed so
as not to shine upon abutting properties or streets.
6. Village Co~unercial Dimensional Requirements
In the Village Commercial Zoning District the following
requirements shall be adhered to. The following requirements
are only to be placed upon the Village Commercial zoning
District and shall take the place of the proceeding
regulations found in paragraph 1-5.
Screening
Objective: Due to the high aesthetic standards to which the
architecture shall be made to conform, the main purpose of the
screening shall be to screen the parking and other accessory
structures which may be a part of the development. The Planning
Board may require any additional screening as may be reasonably
required.
Ail buffer zones must be designed by a registered
landscape architect, or other professional as approved by
the Planning Board .
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The Planning Board recommends that materials to be used
in the buffer include but not limited to the following
material:
Natural/existing vegetation, natural topography, bek~s,
stone walls, fences, deciduous and coniferous
shrubs/trees, perennials, annuals, pedestrial scale
walkways, gazebos and other landscape material as it
addresses the aesthetic quality of the site.
The final approval of all material used within the buffer
zone shall be at the discretion of the Planning Board.
Parking lots containing 10 or more spaces shall be
required to provide one tree for every five spaces. All
trees shall be a deciduous mix of at least 2.5 inch
caliper when planted. Native trees and shrubs shall be
planted wherever possible, in order to capture the
"spirit of the locale" through indigenous species (such
as lilac, viburnum, day lilies, ferns, red twig dogwood,
oak, maple, sycamore, linden, hawthorne, birch, shadbush,
etc.).
In instances where healthy plant material exists on the
site prior to its development, in part or in whole, for
purposes of off street parking or other vehicular use
8.16
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areas, the Planning Board may adjust the application of
the above mentioned standards to allow credit for such
plant material if, in its opinion, such an adjustment is
in keeping with and will preserve the intent of these
standards.
8.5
Planned Residential Development (PRD)
Purposes: The purpose and intent of the regulations contained
in this section are to promote the public health, safety and
general welfare of the citizens of the Town by providing for
the following goals:
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To promote the more efficient use of land in harmony with
its natural features;
b. To encourage the preservation of open space;
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To protect waterbodies and
floodplains, agricultural lands,
natural resources;
supplies,
wildlife,
wetlands,
and other
To permit greater flexibility and more
efficient and economical design of
developments;
attractive,
residential
To facilitate economical and efficient provision of
utilities;
To meet the town's housing needs by promoting a diversity
of housing types.
~: An application for a Planned Residential
Special Permit (PRD) shall be allowed for parcels of land in
the R-l, R-2, and R-3 Districts in accordance with the
standards set forth in this section. An application for a
Planned Residential Development Special Permit shall be deemed
to satisfy the requirements for Site Plan Review.
permit Authority: The Planning Board shall be designated as
the Special Permit Granting Authority, and shall grant special
permits for PRD's consistent with the procedures and
conditions set forth in this section as well as in Sections
10.3 and 10.31 (Special Permits) of this Bylaw.
4. .Procedure for Approval:
Preliminary Plan
The applicant is encouraged to submit a preliminary plan and
schedule pre-application conference to discuss the proposed PRD
with the Planning Board before the submission of the final special
permit application and supporting documents, to the Board for
review in a public hearing.
8.17
Final Plan Submittal
The applicant shall follow the procedures and standards contained
in this section and Section 10.3 )Special Permit) in submitting a
set of final plans to the Planning Board for review.
Information Required: Any applicant who desires a special
permit under requirements of this section shall submit an
application in writing in such form as the Planning Board may
require which shall include at the minimum the following:
Development Statement: Which shall consist of a
petition; a list of the parties of interest with respect
to the PRD parcel and any parcel proposed to be used
pursuant to the subsection 5a below. A list of the
development team and a written statement meeting the
requirements of a site evaluation statement under the
Subdivision Rules and Regulations of the Planning Board;
and setting forth the development concept and the
specific requirements of the Zoning Bylaw within a table
which includes the following information:
1. The number of units,
2. Type size (number of bedrooms),
3. Floor area,
4. Ground coverage,
Summary showing open space as percentages of the
total area of the PRD tract,
6. Development schedule for all site improvements.
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Copies of the proposed instruments to be
recorded with the plans including the Usable
Open Space perpetual restriction, which shall
be deeded to a membership corporation,
non-profit organization, trust, public agency,
or the Town of North Andover.
Development plans bearing the seal of a
Massachusetts Registered Architect, Registered
Civil Engineer or similar professional as
appropriate and consisting of:
Subdivisions - Ail plans shall be drawn
at a scale of 1"=40' showing all site
improvements and meeting, to the extent
applicable, the requirements set forth
for a Definitive Plan in the Subdivision
Rules and Regulations of the Planning
Board and;
8.18
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2. Site Plans - Plans submitted shall meet
the requirements contained in Section 8.3
(Site Plan Review) to the extent
applicable.
Review by Other Town Departments: The Planning Board shall
within ten days of receipt of an application under this
section, refer the application to the Conservation Commission,
Public Works Department, Board of Health, Building Inspector,
Police Department, and Fire Department for written reports and
recommendations. No decision shall be made until such
reports, are returned or thirty-five days have elapsed
following such referral without receipt of such report.
Findings of the Planninq Board: The Planning Board may issue
a special permit under this section only if the Planning Board
finds that the PRD is in harmony with the general purpose and
intent of this section and Section 10.3 (Special Permit) and
that the PRD contains residential development and open space
in a variety to be sufficiently advantageous to the Town and
meets the purpose and intent of this section, which renders it
appropriate to depart from the requirements of this bylaw
otherwise applicable to the Zoning District in which the PRD
parcel is located.
If a special permit is granted, the Planning Board may impose
a condition thereof that installation of municipal services
and construction of roadways within the PRD shall comply with
the requirements of the Subdivision Rules and Regulations of
the Planning Board.
Further, the Regulations of the Planning Board may require
sufficient security to ensure compliance with the Subdivision
Rules and Regulations, planned recreation facilities and site
amenities; and may impose additional safeguards pertaining to
public safety, welfare and convenience.
Development Standards:
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Allowable Parcel Siza: For each application filed for a
special permit under this section, the applicant must
have a contiguous parcel of land, in single or
consolidated ownership at the time of application, which
is at least ten (10) acres in size.
Allowa~: The following principal uses are allowed
in a Planned Residential Development:
1. Single family detached houses;
2. Residential structures with up to five dwelling
units per structure, utilizing common wall
construction;
8.19
Church or other religious purposes;
4. Agriculture on parcels greater than five (5) acres;
5. Public parks;
Conservation area or land preserved as permanent
open space;
Membership clubs for the exclusive use of the
residents of the development.
Dimensional Requlations: Site Plans
- Minimum Lot Size: Not Required
- Lot Frontage: Not Required
- Ail Yard Setbacks: Not Required
- Height Limitation: 30' or 2.5 stories
- Distance Between Structures: 50'
Buffer Zone: 50' from the parcel boundary to any
structure located within a PRD Development. Said
buffer shall remain open without pavement or
roadway(s) and left in its natural condition.
Dimensional Requlations: Subdivisions
Minimum Lot Size: R-1 and R-2
feet; R-3 12,500 square feet
21,780 square
- Lot Frontage: 100' all zoning districts
- Ail Yard Setbacks: 20' (1)
- Height Limitation: 30' and 2.5 stories
Buffer Zone: (1993/33) A fifty-foot (50') border
from the parcel boundary running the full length of
the perimeter of the parcel. No structure shall be
built within the Buffer Zone. The Buffer Zone
shall remain in its natural state except;
trees and/or shrubs may be added to improve
the buffer characteristic of the Zone, and
roadways perpendicular or nearly perpendicular
to the Zone may be installed to access the
Site, if approved as part of this PRD Special
Permit granted be the Planning Board. Such
roadways shall be minimized within the context
8.20
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of sound subdivision planning practices.
The structure may be placed upon a side lot line without
a side yard setback, provided that the adjacent lot to
which the zero setback is located has the required side
yard setback.
Parking Requirements: For all Planned Residential Development
off-street parking shall be provided as required by Section
8.1 (Off-Street Parking).
Usable Open Space: Usable Open Space shall be defined as the
part or parts of land within the PRD which are reserved for
permanent open space. This space shall exclude parking areas,
but include required setbacks and walkways. The usable open
space shall be oDen an unobstructed to the sky; however;
trees, planting, arbors, flagpoles, sculptures, fountains,
swimming pools, atriums, outdoor recreational facilities and
similar objects shall not be considered obstructions.
For subdivision PRD's the minimum usable open space
requirements shall be 35% of the total parcel area; and
no more than 25% of the total amount of required usable
open space shall be wetland.
For site planned PRD's, the minimum usable open space
requirements shall be 50% of the total parcel area; and
no more that 25% of the total required usable open space
shall be wetland.
Ail resource area shall be determined by the requirements of
M.G.L. Chapter 131, Section 40, and the Town's Wetland Bylaws
under this subsection.
For all PRD's the Usable Open Space shall be owned in common
by and readily accessible to the owners of all the units in
the PRD by any of the following grouDs:
A non-profit organization or trust whose members are all
the owners and occupants of the units,
Private organization including but not limited to the
Trustees of Reservations or Essex County Greenbelt
Association whose primary function is preservation of
open space,
The Town of North Andover,
Any group as indicated by the Planning Boar4 which exists
or is created for the purpose of preserving open space
for the owners of the units located in a PRD Project.
8.21
Further, a perpetual restriction of the type described in
M.G.L. Chapter 184, Section 31, (including future amendments
thereto and corresponding provisions to future laws) running
to or enforceable by the Town shall be recorded in respect to
such land. Such restriction shall provide that the Usable
Open Space shall be retained in perpetuity for one or more of
the following uses: conservation, agriculture, or recreation.
Such restriction shall be in such form and substance as the
Planning Board shall prescribe and may contain such additional
restrictions on development and use of the Usable Open Space
as the Planning Board may deem appropriate.
Calculation of Allowable Residential
In order to determine the residential density of a PRD
Development, the applicant shall present the following
information:
A preliminary subdivision plan which meets the
requirements of Section III(2) (a) of the "Rules and
Regulations Governing the Subdivision of Land, Town of
North Andover". The lots so provided by the preliminary
plan shall conform to the Zoning Bylaw.
Wetland Boundaries on the site shall be verified by the
Conservation Administrator or the Town of North Andover
in accordance with the requirements of M.G.L. Chapter
131, Section 40 and the Town's Wetland Bylaws.
Density. Bonuses
1. Affordable Housinq Bonus
For all PRD's the total number of allowable lots and/or
dwelling units may be increased up to 20% if the
developer designates at least 30% of the total number of
units for use in conjunction with one or more state or
federal housing assistance programs.
However, in the instance where the use of federal or
state programs are not available to the Housing
Authority, the Planning Board, after consultation with
the Housing Authority, may propose alternative methods of
attaining the Affordable Housing Bonus.
The developer shall certify, in writing to the Planning
Board that the appropriate number of dwelling units have
been set aside and conveyed to the Nort~ Andover Housing
Authority (or other actions are required), before the
Planning Board shall grant any special permit with
density bonus provisions.
8.22
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2 o
Further, the developer shall be responsible to work with
the North Andover Housing Authority to initiate and
conclude occupancy of said units within one year of their
completion. Failure to do so shall be deemed a violation
of the special permit criteria.
The granting of this bonus density shall not exempt the
proposed development from any other criteria required by
this section or regulation contained in the Town Bylaws.
ODen SDace Bonus
For multi-family PRD's, the total number of allowable
dwelling units maybe increased up to 10% if the proposed
PRD provides sixty-five percent (65%) usable open space
consistent with the definition of usable open space as
provided in this section. The granting of this bonus
density shall not exempt the proposed development from
any other criteria required by this section.
Maximum Density
Proposed PRD's may utilize both bonus provisions, i.e.
affordable housing and open space; however, the granting
of bonus densities shall not exempt the proposed
development from any other criteria required by this
section.
8.6
Satellite Receiver Discs (1987/83)
To restrict the erection and/or installation of satellite microwave
receiver discs in residential districts to a ground
level area, to the rear of the rear line of the building, within
the side boundary lines of the same building so that it is out of
sight from the street.
8.23
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SECTION 9
NON-CONFORMING USES
9.1
Non-Conforming Uses
Any non-conforming building, structure, or use as defined herein,
which lawfully existed at the time of passage of the applicable
provision of this or any prior by Law or any amendment thereto
may be continued subject to the provisions of this Bylaw. Any
lawfully non-conforming 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-conforming, but such building 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, or except as may be permitted by a Special
Permit or otherwise by the North Andover Board of Appeals.
Pre-existing non-conforming structures or uses, however, may be
extended or altered, provided that no such extension or
alteration shall be permitted unless there is a fining by the
Board of Appeals that such change, extension, or alteration shall
not be substantially more detrimental than the existing non-
conforming use to the neighborhood.
9.2
Alteration or Extension
A use or structure housing a use, which does not conform to the
regulations, of this Bylaw but which did conform to all applicable
regulations when initially established shall not be changed,
extended or enlarged except in accordance with the following
provisions:
Such change shall be approved by a Special Permit or
otherwise by the Board of Appeals.
Such change shall be permitted only upon the same lot
occupied by the non-conforming use on the date that it
became non-conforming.
Any increase in volume, area, or extent of the non-
conforming use shall not exceed an aggregate of more than
twenty five percent (25%) of the original use.
No change shall be permitted which tends to lengthen the
economic life of the non-conforming longer than a period
reasonable for the amortization of the initial investment.
9.1
9.3
Building After Catastrophe
Any non-conforming building or structure destroyed or damaged by
fire, flood, lighting, wind or otherwise to the extent of
sixty-five percent (65%) 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 that zoning
district in which such building is located, or except as may be
permitted by a Special Permit or otherwise by the Board of
Appeals acting under G.L. Chapter 40A.
9.4 Abandonment
If any lawfully non-conforming building or use of a building or
land be at any time discontinued for a period of two years or
more, or if such use or building be changed to one conforming
with the North Andover Zoning Bylaw in the district in which it
is located, it shall thereafter continue to conform.
9.2
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SECTION 10
ADMINISTRATION
10.1 Enforcement
The North Andover Zoning Bylaw shall be enforced by the North
Andover Building Inspector. The Building Inspector, upon being
informed in writing of a possible violation of this Bylaw or on
his own initiative, shall make or cause to be made an
investigation of facts and an inspection of the premises where
such violation may exist. If the Building Inspector is so
informed in writing and declines to act, he shall within fourteen
(14) days of his receipt of such information give to his
informant, in writing, his reasons for refraining from taking any
action. 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 demand in such notice that such
violation be abated within such reasonable time as 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 Building Inspector or the
Selectmen shall institute appropriate action or proceedings in
the name of the Town of North Andover to prevent, correct,
restrain, or abate any violation of this Bylaw.
10.11 Building Permit
No building shall be erected, altered, moved, razed or added to
in North Andover without a written permit issued by the Building
Inspector. Such permits shall be applied for in writing to the
Building Inspector. The Building Inspector shall not issue any
such permit unless the plans for the building and the intended
use thereof in all respects fulfill the provisions of the North
Andover Zoning Bylaw (and other applicable Town Bylaws) except as
may have been specifically permitted otherwise by action of the
North Andover Board of Appeals, provided a written copy of the
terms governing any exception so permitted be attached to the
application for a building permit and to the building permit
issued therefor. One copy of each such permit, as issued,
including any conditions or exceptions attached thereto, shall be
kept on file in the Office of the Building Inspector.
In addition to the information required above, a plot plan shall
indicate provisions for all other physical requirements of this
Bylaw, including but not limited to off-street parking, screening
and fencing.
10.1
Upon granting a permit the Building Inspector shall cause a copy
to be posted on the property to which it relates in a conspicuous
place.
10.12 Certificate of Use and Occupancy
No building hereafter erected, enlarged, extended , or altered
shall be used or occupied in whole or in part until a certificate
of use and occupancy has been issued by the Building Inspector.
No building or land changed from one use to another, in whole or
in part, shall be occupied or used until a certificate of use and
occupancy has been issued by the Building Inspector. This
certificate shall certify compliance with the provisions of this
Bylaw and of all applicable codes (1974).
10.13 Penalty for Violation
Whoever continues to violate the provisions of this Bylaw after
written notice from the Building Inspector demanding an abatement
of a zoning violation within a reasonable time, shall be subject
to a fine of three hundred dollars ($300). Each day that such
violation continues shall be considered a separate offense.
(1986/15)
10.2
Board of Appeals
10.21 Appointment and Organization
There shall be a Board of Appeals of five (5) members and not
more than three (3) Associate Members, which shall have and
exercise all the powers provided under G.L. Chapter 40A,and which
shall hear and decide all matters specifically referred to the
Board of Appeals by the North Andover Zoning Bylaw and other
matters referred to such Board by statute. The Board of Appeals
members and Associate Members shall be appointed by the Selectmen
in the manner provided by statute.
Within two (2) weeks of the beginning of each calendar year, the
Zoning Board of Appeals shall organize and elect a Chairman and
Clerk from within its own membership.
The length of terms of the members of the Board of Appeals shall
be such that the term of one member expires each year. A member
of the Board of Appeals may be removed for cause by the Board of
Selectmen only after written charges have been made and a public
hearing has been held.
10.2
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10.22 Powers of the Board of Appeals
The Board of Appeals shall have the following powers:
1. To hear and decide actions and appeals as provided herein;
2. To hear and decide applications for appropriate Special
Permits and variances which the Board of Appeals is required
to act upon under this Bylaw.
10.3
Special Permit
The Special Permit Granting Authority shall adopt rules and
regulations for the conduct of its business relative to the
issuance of Special Permits. A copy of these rules and
regulations shall be filed with the Town Clerk. The rules and
regulations shall contain, as a minimum, a description of the
size, form, contents, style and number of copies and number of
plans and specifications to be submitted and the procedures for
submission and approval of Special permits.
The Special Permit Granting Authority may grant a Special permit
within the framework of this Bylaw only after holding a public
hearing which must be held within sixty-five (65) days after the
applicant files for such Special Permit. The sixty-five (65)
days period shall be deemed to have begun with the filing of the
application with the Special Permit Granting Authority. The
applicant is responsible for transmitting a copy of the
application for a Special Permit within twenty-four (24) hours of
the filing of the application with the Planning Board or the
Board of Selectmen and to the Town Clerk. If an application for
a Special Permit is to be filed with the Board of Appeal, the
applicant shall file the application with the Town Clerk, who
shall transmit the application to the Board of Appeals within
twenty-four (24) hours.
10.31 Conditions for Approval of Special Permit
The Special Permit Granting Authority shall not approve any
such application for a Special permit unless it finds that
in its judgement all the following conditions are met:
The specific site is an appropriate location for such a
use, structure or condition;
The use as developed will not adversely affect the
neighborhood;
There will be no nuisance or serious hazard to vehicles
or pedestrians;
Adequate and appropriate facilities will be provided
for the proper operation of the proposed use;
10.3
4e
e·
The Special Permit Granting Authority shall not grant
any Special Permit unless they make a specific finding
that the use is in harmony with the general purpose and
intent of this Bylaw.
In approving a Special Permit, the Special Permit Granting
Authority may attach such conditions and safeguards as are
deemed necessary to protect the neighborhood such as, but
not limited to, the following:
a·
Requirements of front, side, or rear yards greater than
the minimum required by this Bylaw.
Requirements of screening parking areas or other parts
of the premises from adjoining premises or from the
street, by walls, fences, planting, or other devices as
specified by the Special Permit Granting Authority.
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Modification of the exterior features or appearances of
the structure;
Limitation of size, number of occupants, method or time
of operation, or extent of facilities;
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Regulation of number , design and location of access
drives or other traffic features.
SpeciaI Permit granted under the provisions contained herein
shall be deemed to have lapsed after a two (2) year period
from the date on which the Special permit was granted unless
substantial use or construction has commenced. If the
applicant can show good cause why substantial use or
construction has not commenced within the two (2) year
period, the Special Permit Granting Authority, as its
discretion, may extend the Special Permit for an additional
one (1) year period. Included within the two (2) year
period stated above, is the time required to pursue or wait
the determination of an appeal from the provisions of the
Bylaw.
The Special Permit Granting Authority may, within the
guidelines for Special Permits contained herein, allow
accessory uses whether located on the same lot as the
principal use or not, wherever necessary in connection with
scientific research, scientific development or related
production provided that the Special Permit Granting
Authority finds that the proposed accessory use does not
substantially derogate from the public good.
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65
Within (90) days following the date of the public hearing,
the Special Permit Granting Authority shall take final
action in the matter in order to issue a Special Permit
provided for in this Zoning Bylaw. There shall be at least
four (4) of the five (5) members of the Granting Authority
voting in favor of issuing the Special Permit.
A Special Permit granted under the provisions of this Bylaw
shall not take effect until:
ae
The Town Clerk certifies on a copy of the decision that
twenty (20) days have elapsed without filing of an
appeal or that any appeal filed has been dismissed or
denied;
ms
The certified decision has been recorded at the owner's
expense in the Essex County Registry of Deed's indexed
in the grantor index under the name of the record
owner, and noted on the owner's Certificate of Title;
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If the Special Permit involves registered property, the
decision, at the owner's expense shall also be filed
with the Recorder of the Land Court.
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10.32 Temporary Permit
The Board of Appeals may grant a temporary Special Permit for use
or occupancy permit for a period of not more than one (1) year at
a time, subject to a single renewal. Such permits shall be
subject to conditions imposed by the Board related to
safeguarding the character of the district affected and shall be
processed in accordance with the procedures provided herein for
the granting of Special Permits.
10.4 Variances and Appeals
The Zoning Board of Appeals shall have power upon appeal to grant
variances from the terms of this Zoning Bylaw where the Board
finds that owing to circumstances relating to soil conditions,
slope, or topography of the land or structures and especially
affecting such land or structures but not affecting generally the
zoning district in general, a literal enforcement of the
provisions of this Bylaw will involve substantial hardship,
financial or otherwise, to the petitioner or applicant, and that
desirable relief may be granted without substantial detriment to
the public good and without nullifying or substantially
derogating from the intent or purpose of this Bylaw.
10.5
Additionally, an appeal may be taken to the Zoning Board of
Appeals as provided herein by a person aggrieved by reason of his
inability to obtain a permit or enforcement action from the
Building Inspector, by the Merrimack Valley Planning Commission,
or by any person including an officer or Board of the Town of
North Andover, or an abutting city or town, aggrieved by an order
or decision of the Building Inspector or other administrative
officials in violation of any provision of this Bylaw.
Any petition for an appeal above must be taken within thirty (30)
days of the date of the order or decision that is being appealed
by filing a notice of appeal, specifying the grounds thereof with
the Town Clerk, who shall forthwith transmit copies of the appeal
to such officer or Board, whose order or decision is being
appealed, and to the Zoning Board of Appeals. Such officer or
Board shall forthwith transmit to the Zoning Board of Appeals all
documents and paper constituting the records of the case in which
the appeal is taken.
No petition for a variance or appeals shall be granted until
a public hearing is held on the matter by the Zoning Board
of Appeals within sixty-five (65) days after the Zoning
Board of Appeals receives the petition from the Town Clerk.
The Zoning Board of Appeals must make its decision on a
petition for a variance or appeal within seventy-five (75)
days after the date of the petition is filed with the Town
Clerk. In order to grant a petition for a variance or an
appeal, four (4) of the five (5) members of the Board must
concur. If the Zoning Board of Appeals fails to act within
the time limits specified herein, the petition for a
variance or appeal shall be deemed granted.
In the case of a variance, the Zoning Board of Appeals
may impose conditions, safeguards and limitations of
time and use, however, these conditions cannot require
continued ownership of the land or structure to which
the variance pertains by the applicant, petitioner, or
owner. Furthermore, if the rights authorized by the
variance are not exercised within one (1) year of the
date of the grant, they shall lapse and may be
re-established only after notice and a new hearing.
The Zoning Board of Appeals shall cause to be made a
detailed record of its proceedings indicating the vote of
each member upon each question, or if absent or failing to
vote, indicating such fact, and setting forth clearly the
reason or reasons which shall be filed within the fourteen
(14) days in the office of the Town Clerk and shall be a
public record.
10.6
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Notice of the decision shall be mailed forthwith to the
petitioner, applicant, or appellant, to the parties in
interest designated herein, and to every person present at
the hearing who requested that notice be sent to him and
stated the address to which such notice was to be sent.
Each notice shall specify that appeals, if any, shall be
filed within twenty (20) days after the date of filing of
such notice in the office of the Town Clerk. The decision
shall also contain the names and addresses of the owner, and
identification of the land and/or structure affected (if a
variance procedure - how the variance complies with the
statutory requirements for issuing a variance).
Certification that copies of the decision have been filed
with the Planning Board and Town Clerk are required.
10.5
Amendments to Zoning Bylaw
This Bylaw shall be adopted and shall be amended from time to
time by a two-thirds vote at an annual or special town meeting.
Amendments to this Bylaw may be initiated by submission of the
amendment to the Board of Selectmen by any of the following: a)
Board of Selectmen; b) Zoning Board of Appeals; c) by an
individual owning land to be affected by the amendment; d) by
request of registered voters of the town pursuant to Section 10,
Chapter 39 of the Mass. General Laws: e) the Planning Board; and
f) by the Merrimack Valley Planning Commission.
10.51 Submission of Amendment to Planning Board
Within fourteen (14) days of the receipt of an application for an
amendment to this Bylaw, the Board of Selectmen shall submit the
proposed %mendment to the Planning Board for review.
The Planning Board shall hold a public hearing on any North
Andover Town Meeting Warrant Article to amend the Zoning Bylaw or
the zoning map and shall report its recommendations thereon, if
any to the Town Meeting.
Each warrant article to change the zoning map shall explicitly
state the nature, extent, and location of the map change proposed
and shall be accompanied by:
Three blackline prints of a diagram to scale showing and
stating clearly the dimensions in feet of the land area
proposed to be changed as to zone;
Also a sketch or other explicit identification of the
location of such land in relation to the majority of the
rest of the town.
10.7
10.52 Public Hearing
Within sixty-five (65) days after receipt of a proposed amendment
from the Board of Selectmen, or within sixty five (65) days after
the receipt of an application for a Special Permit, the Planning
Board or Zoning Board of Appeals, as the case may be, shall hold
a public hearing, notice of which shall be published in a
newspaper of general circulation covering the town once in each
of two (2) successive weeks. The first publication may not be
less than fourteen (14) days before the day of the hearing, (the
date of the public hearing shall not be counted in the fourteen
(14) days).
%dditionall~, notification of the public hearing shall be posed
in a conspicuous place in the North Andover Town Hall for a
period of not less than fourteen (14) days before the date of the
hearing. Further, notification of the public hearing shall be
sent to the Massachusetts Department of Community Affairs, the
Merrimack Valley Planning Commission and Planning Board of all
abutting cities and towns prior to public hearing date. Notice
of the public hearing shall include: a) the time and place of
hearing; b) the subject matter; c) the place where texts and maps
may be inspected.
10.53 Report by Planning Board
No vote to adopt the proposed amendment shall be taken by the
Town Meeting until the report with recommendations by the
Planning Board has been submitted to the Town Meeting or until
twenty-one (21) days after said hearing has elapsed without
submission of said reports or submissions. After such notice,
hearing, and report, or after twenty-one (21) days shall have
elapsed after such hearing, without submission of such report,
the Town Meeting (annual or special) may adopt, reject, or amend
any such proposed amendment.
10.54 Failure to Adopt
If the Town Meeting fails to vote to adopt any proposed Bylaw
amendment within six (6) months after the hearing described
heretofore, no action shall be taken thereon until after a
subsequent public hearing is held with notice and report as
heretofore provided.
10.55 Repetitive Petitions
If any proposed Bylaw amendment thereto is acted upon unfavorably
by the Town Meeting (annual or special), it shall not be acted
upon again for a period of two (2) years from the date of the
unfavorable action unless the Planning Board recommends in favor
of the petition in the report.
10.8
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10.56 Procedural Defects
In accordance with Chapter 40A, no claim or invalidity of-this
Bylaw or any amendment to this Bylaw arising out of a possible
defect in the procedure of adoption or amendment shall be made in
any legal proceeding and no state, regional, county, or municipal
officer shall refuse, deny, or revoke any permit, approval, or
certificate because of any such claim of invalidity unless such
claim is made within one hundred twenty (120) days after the
adoption of the Bylaw or amendment. Notice specifying the court,
parties, invalidity claim, and date of filing is filed together
with a copy of the petition, with the Town Clerk within seven (7)
days after commencement of the action.
10.57 Effect of Subsequent Amendments
In the case of amendments to this Bylaw or changes in the
districts or the boundaries subsequent to the date this Bylaw
becomes effective, the right to continue the use or maintenance
of any building, structure, or premises which was lawful when
such amendment or change, except as provided by statute,
specifically: that construction or operations under a building
permit or Special Permit shall conform to any subsequent
amendment unless the use or construction is commenced within a
ppriod of not less than six (6) months after the issuance of the
permit, (the date of issuance shall be considered to be the date
on which the building permit was issued or in the case of a
Special Permit, the date on which the Planning Board voted final
action) and in cases involving construction unless such
construction ~s contained through completion as continuously and
expeditiously as is reasonable.
10.6
Conflict of Laws
In general, this Bylaw is supplementary to other North Andover
Bylaws affecting the use, height, area, and location of buildings
and structures and the use of premises. Where this Bylaw imposes
a greater restriction upon the use, height, area, and location of
buildings and structures and the use of premises than is imposed
by other Bylaws, the provisions of this Bylaw shall control.
10.7 Validity
The invalidity of any section or provision of this Bylaw shall
not invalidate any other section provision thereof.
10.9
10.8
Repetitive Petitions
When 1) the Planning Board denies an application for a Special
Permit; or 2) the Board of Appeals denies a petition or a
variance, no application on the same matter may be heard and
acted favorably upon for a two (2) year period unless the
following conditions are met:
In the case of 1) above, four (4) of the five (5) members of the
Planning Board find that there are specific and material changes
in the conditions upon which the previous unfavorable action was
based, and describes such changes in the records of it
proceedings, and only after a public hearing at which such
consent will be considered and after notice is given to the
parties in interest.
In the case of 2) above, the Zoning Board of Appeals may not act
favorably upon a petition which has been previously denies within
a two (2) year period of time unless four (4) of the five (5)
members of the Zoning Board of Appeals find that there are
specific and material changes in the conditions upon which the
changes in the records of its proceedings and only after a public
hearing, held by the Planning Board, at which consent to allow
the petitioner to re-petition the Zoning Board of Appeals will be
considered and after notice is given to parties in interest and
only with four (4) of the five (5) members of the Planning Board
voting to grant consent.
10.9
Withdrawal Without Prejudice
Any petition for a variance which has been transmitted to the
Zoning Board of Appeals or any application for a Special Permit
which has been transmitted to the Planning Board may be
withdrawn, without prejudice, by the petitioner prior to the
publication of notice of a public hearing thereon, but thereafter
be withdrawn without prejudice only with approval (majority vote)
of the Zoning Board of Appeals or Planning Board respectively.
10.10
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SECTION 11 PLANNED DEVELOPMENT DISTRICT
11.1 Jurisdiction
The Planning Board may grant a Special Permit for construction of
a PDD in the following district: I-S. The Special Permit shall
conform to this Bylaw and to G.L. Chapter 40A, Section 9, and to
regulations which the Planning Board shall adopt for carrying out
its duties hereunder. Except as set out hereunder , or in the
Planning Board's regulations, or in a specific permit granted
hereunder, the provisions of the Zoning Bylaw shall continue to
govern.
11.2 Purpose
The purpose of the PDD District is to provide for a mixture of
land usage at designated locations at greater density and
intensity than would normally be allowed provided that said land
usage:
Does not detract from the livability and aesthetic qualities
of the environment.
2. Is consistent with the objectives of the Zoning Bylaw.
Promotes more efficient use of land while protecting natural
resources, such as water resources, wetlands, floodplains,
and wildlife.
Promotes diverse, energy-efficient housing at a variety of
costs.
11.3 Procedures
1. Pre-Application Conference
Prior to the submission of an application for a Special Permit,
the applicant at his option may confer with the Planning Board to
obtain information and guidance before entering into binding
commitments or incurring substantial expense in the preparation
of plans, surveys, and other data.
2. Submission of Preliminary Plans
The applicant shall file a preliminary plan accompanied by the
form titled "Submission of Preliminary Plan, Planned Development"
to the Planning Board at a regularly scheduled meeting. A copy
of the preliminary plan and the above form shall also be filed in
the Office of the Town Clerk.
11.1
The Planning Board, within sixty (60) days from receipt of the ·
plan by the Town Clerk, shall review and determine whether the
proposed project is consistent with the most suitable development
of the town. The Planning Board may suggest modifications and
changes to the preliminary plan in anticipation of the filing of
the definitive plan. If the Planning Board fails to act within
sixty (60) days, the applicant may proceed to file his definitive
plan.
Contents of Preliminary Plan:
a.
Planned Development District:
Planned Development Boundaries, north point, date,
scale, legend, and title "Preliminary Plan: Planned
Development:, the name or names of applicants, and
engineer or designer.
b. Names of all abutters, land uses, and approximate
location and width of all adjacent streets.
In a general manner, the existing and proposed lines of
streets, ways, easements, and of any public areas
within or next to the Planned Development.
The approximate boundary lines of existing and proposed
lots with approximate areas and dimensions.
The proposed system of drainage, including adjacent
existing natural waterways and the topography of the
land in a general manner.
Existing and proposed buildings, significant structures
and proposed open space in a general manner.
An analysis of the natural features of the site,
including wetlands, floodplains, slopes over 12%, soil
conditions, and other features requested by the
Planning Board.
A description of the neighborhood in which the tract
lies, including utilities and other public facilities
and the general impact of the proposed PDD upon them.
A summary of environmental concerns relating to the
PDD.
3. Submission of Definitive Plan:
The applicant shall submit an application for a Special Permit
accompanied by the original of the definitive plan plus twelve
(12) copies thereof.
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11.2
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COntents of Definitive Plan:
The application for' a Special Permit and Site Plan Review shall
be accompanied by the original copy of the definitive plan and
other data required to be submitted in triplicate and shall
contain the following data:
Ail items in "Contents of the Preliminary Plan: Planned
Development District" (a through and including i) shall be
incorporated.
It shall be drawn at a scale of one inch equals forty
feet unless another scale is requested and found
suitable by the Planning Board.
b. The Plan shall be prepared by a land surveyor,
professional engineer, or architect.
c. The scale, date, and north arrow shall be shown.
The plan shall be certified by the land surveyor doing
the boundary survey and the professional engineer or
architect on the location of the buildings, setbacks,
and all other required dimensions, elevations, and
measurements and shall be signed under the penalties of
perjury.
The corner points of the lot and change of direction of
lines shall be marked by stone monuments, cut in stone,
stake and nail, iron pin, or other marker and shall be
so marked.
Lot number, dimensions of lot in feet, size of lot in
square feet, and width of abutting streets and ways.
g. Easements within the 'lot and abutting thereon.
The location of existing or proposed buildings on the
lot.
The location of existing wetlands, water bodies, wells,
100 year floodplain elevation and other natural
features requested by the Planning Board.
The dimensions of the existing and proposed buildings
in feet.
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The distance of existing and proposed buildings from
the lot lines and the distance between buildings on the
same lot.
1. Percent of the lot coverage.
11.3
11.4
te
Average finished grade of each proposed building.
The elevation above average finished grade of the
and ceiling of the lowest floor of each proposed
building.
Existing and proposed topographical lines at two (2)
foot intervals.
The use designation of each building or part thereof,
and of each section of open ground, plaza, or usable
roof space.
Numbering of parking spaces.
Height of all proposed buildings, above average
finished grade of abutting streets.
Number of apartments, meeting rooms, and restaurant and
theater.
Total square feet of floor space of all landscape and
recreation areas, and depiction of materials to be used
(grass, 5-foot shrubs, etc.).
Deed or other recorded instrument that shows the
application to be the owner or owner under option of
the land to be designated as a Planned Development.
Minimum Requirements
The Plan shall be subject to the following conditions an the
Planning Board shall make a determination that the project meets
all the following conditions:
1. The project is consistent with the purposes set out in
Section 2.
If more than twenty-five percent (25%) of the PDD is located
within a residential district, at least fifty-one percent
(51%) of the building area and accessory facilities in the
PDD shall be used for residential purposes.
Ingress and egress for traffic flow is designed properly so
that there will be no serious hazard to vehicles or
pedestrians.
Adequate parking facilities are provided for each use and
structure in the development.
11.4
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5
Major facilities or functions which require citing within
scenic areas are designed to be visually compatible with the
natural or historical characteristics.
The project does not adversely affect the natural
environment to the detriment of community character and
public health and safety.
11,5 Permitted Uses
In a Planned Development
permitted:
1. Residential
District, the following uses are
Detached 1, 2, or 3 family residential structures.
Apartment Houses
Town Houses
2. Business
a. Restaurant
b. Theater, Museums
c. General retail sales and service (except retail sales
of automobile, mobile homes, house trailers and except
automobile service station).
d. Banks and financial services.
e. Business and professional offices.
f. Personal services.
g. Recreation
3. Industrial Use
a. Any uses which the Planning Board determines are not
injurious to the safety or general welfare of the area.
11.6 Area Regulations
PDD Site Area
No PDD shall be permitted on a site of less than 60,000 square
feet.
11.5
Open Space
In all PDD's, at least twenty percent (20%) of the land shall be
set aside as permanent usable open space, for the use of the PDD
residents, or for all PDD users, or for the community. The
required open space shall be conveyed to the Conservation
Commission or to a non-profit conservation organization, or to a
corporation to trust representing persons responsible for the
PDD, and shall be protected by a conservation restriction as
required by G.L. Chapter 40A, Section 9 for common open space in
cluster developments. A covenant shall be placed on the land
such that no part of the PDD can be built, sold or occupied until
such time as a satisfactory written agreement has been executed
for protection of the open space.
Setback Requirements
Insofar as the PDD abuts a residential district, all proposed
structures and facilities within the PDD shall be set back not
less than twenty-five (25) feet from adjacent property lines or
adjacent street lines where the PDD shall be separated or
shielded from adjacent property lines by means of a buffer,
fencing, setbacks, or appropriate landscaping.
11.7
Relation to Subdivision Control Act
Approval of a Special Permit hereunder shall not substitute for
compliance with the Subdivision Control Act, nor oblige the
Planning Board to approve any related definitive plan for
subdivision, nor reduce any time period for Board consideration
under that law. However, in order to facilitate processing, the
Planning Board may insofar as practical under existing law, adopt
regulations establishing procedures for submission of a combined
plan and application which shall satisfy this section and the
Board's regulations under the Subdivision Control Act.
11.6
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SECTION 12 LARGE ESTATE CONDOMINIUM COF~EP. SION
12.1 Purpose
The purpose of this subsection is to permit existing buildings or
large tracts of land in Residence Districts 1, 2, and 3 to be
converted to single family condominium dwelling unit compatible
with such residence districts, to create new housing involving
relatively little new construction, to generate tax revenue to
the Town, to preserve existing buildings, to preserve the
residential character of the Town and to preserve open space in
the Town. In order to provide for development that is compatible
with Residence Districts 1, 2, and 3, which districts are
primarily for single family residences, the conversions to
dwelling units under this subsection are to condominium dwelling
units, which can be separately owned, and are therefore a type of
development similar in character to other development in such
districts.
12.2 Requirements
Properties meeting the following requirements shall be eligible
for consideration for a condominium conversion Special Permit:
Parcels with one (1) or more existing buildings in a
Residence 1, 2, or 3 District of not less than ten (10)
acres and with not less than one hundred and fifty (150)
feet of frontage on the public way.
Any dwelling located on a lot of record as of April 24, 1982
may be converted to condominium dwelling units.
The total number of dwelling units that can be created under
a condominium conversion Special Permit shall not exceed
n-2, where "n" is the number of acres in the parcel.
4
Each condominium dwelling unit shall be an independent
swelling unit intended for use by a single family, with its
own bath and toilet facilities and its own kitchen. The
average square footage of the interior living space of the
units shall be not less than eight hundred and fifty (850)
square feet per unit.
No building (including both buildings converted to
condominium dwelling units and other buildings not converted
to condominium dwelling units) shall be externally enlarged
except with the approval of the Planning Board, and in no
event shall such enlargement add to any one building more
floor area than a number equal to five percent (5%) of the
above grade floor area of such building, the floor area of
porches and decks to be included in the calculations of
floor area.
12.1
No new building for dwelling purposes may be built on the
parcel. New structures may be built pursuant to paragraph 8
(b) below.
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Parking requirements are subject to Section 8 of the Zoning
Bylaw.
For the purposes of this subsection, "open space" shall mean
all the land on the parcel except that land occupied by
buildings to be converted to condominium dwelling units and
existing buildings to be used for parking purposes. To
insure that preservation of open space, the following
requirements shall be met:
Open space may be used for the following purposes:
flower gardens, gardens, landscaping, required parking,
roadways and driveways reasonably necessary for the
development, underground utilities, recreation not
requiring any facility or structure, and land left in
its natural state. The open space may be used for
other purposes permitted in the residence district if
approved by the Planning Board as consistent with the
condominium development and character of the
neighborhood.
bo
On open land all facilities and structures for
accessory purposes (such as swimming pools, tennis
courts, garages, carports, parking areas, lamp posts,
small sheds for tools or sports equipment, fences,
including the kind enclosing a tennis court or swimming'
pool, bath houses, and other accessory structures for
accessory purposes) shall be subject to the approval of
the planning Board as to their number, design,
locations, uses, and sizes; provided, however, that all
such facilities and structures, including roadways and
driveways, shall not involve the use of more than
twenty percent (20%) of all of the open land on the
parcel.
Ail new utilities, including wiring for lights on open
space, paths, and driveways, shall be placed
underground.
12.3
Contents of Application
An application for a condominium conversion Special Permit shall
include the following:
Proposed Master Deed and proposed plans to be recorded
therewith, including floor plans, at least one (1) elevation
for each building being converted to dwelling units, and a
site plan for the parcel locating at least each building,
roadways and driveways, parking, recreation facilities,
utilities, and accessory facilities and structures.
12.2
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2. Proposed Bylaws.
3. A sample proposed Unit Deed.
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A locus plan showing the parcel and all land i~mediately
adjacent thereto, including nearby buildings and structures.
Such other plans, photographs, models or elevations as the
Planning Board shall reasonably deem necessary or
appropriate to help understand the proposal.
12.4
Change in Application
After a condominium conversion Special Permit has been granted,
any change in the location or use of a building, any enlargement
of a building, any material exterior restoration, any material
change in the use of open space, or in the facilities or
structures thereon, shall not be permitted except upon an
amendment to the Special Permit which shall be upon petition of
the Planning Board and after a public hearing (with the
provisions of Paragraph 12.5 applying) and upon a finding by the
Planning Board that the proposed change or changes do not
substantially derogate from the intent and purpose of this
subsection.
12.5
Review by the Planning BOard
Prior to recording, a Special Permit granted under this section
shall be subject to the review by the Planning Board of the final
plans, and of the Master Deed, and plans to be recorded
therewith, and Bylaws, as they are to be initially recorded,
which final plans, Master Deed, plans and Bylaws shall all be
substantially the same as those approved with the Special Per~it
in all respects material to considerations relevant to the
Special Permit, in which case the Chairman of the Planning Board
shall endorse copies of such final plans and such Master Deed,
plans and Bylaws having received final review and approval under
this subsection, which endorsement shall be conclusive evidence
thereof. Thereafter, the Master Deed and plans recorded
therewith, and Bylaws may be amended without Planning Board
approval; provided, however, that an amendment to the Special
Permit shall be required for those matters specified in Paragraph
12.4 thereof. Any amendment to the Master Deed and plans
recorded therewith and Bylaws related to an amendment to the
Special Permit shall be endorsed by the permitted District (s)
with greater flexibility from the pattern otherwise permitted in
such districts.
12.3
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SECTION 13
CONTINUING CARE RETIREMENT CENTER
13.1
Establishment
There is established a Continuing Care Retirement Center (CCRC)
asa permitted use under the Special Permit provision of this
Bylaw. Such permitted use may only be authorized in existing
Residence 2 and Village Residential Districts. A CCRC parcel may
include an adjoining parcel of land which is in the Residential-1
District, providing that no development shall be permitted in the
Residential-1 portion. The authorization will empower the
Planning Board to review and approve a definitive plan under the
Special Permit provisions in Section 10.3 and as in otherwise
provided for in this section. A CCRC shall include a nursing
home care facility and congregate housing units and may also
include independent dwelling units and assisted living units. A
CCRC may also only include any or all of the foregoing housing
types provided it is affiliated with a nursing home.
13,2 Purpose
The purpose of the CCRC is to provide for the development and use
of specialized housing and nursing care for the elderly on the
basis of the Planning Board to issue a Special Permit in the
permitted District (2) with greater flexibility from the pattern
otherwise permitted in such districts. It is intended to create
health care, including home health care, housing and other
supportive services designed to meet the needs of the elderly
population and to enable that population to live independently.
It is further intended to encourage the preservation of open
spaces; to allow for new nursing care facilities and housing that
causes relatively little demand on Town services; and to preserve
the Town's residential character. In creating an alternative to
existing nursing and housing possibilities for the elderly, the
CCRC is intended to allow for a greater mixture of buildings,
structures and uses with regard to density than is otherwise
permitted thereby allowing for the nursing care of the elderly
and the relief of the physical, economic and emotional stress
associated with the maintenance and care of traditional nursing
home and residential properties.
13.3 Definitions
Nursing Care Facility. A facility for the care of elderly
persons requiring regular attention by medical or nursing
personnel for reasons of age, ill health or physical
incapacity and which has been licensed as a long-term care
facility by the Massachusetts Department of Public Health.
Con~recate Housinq Units. Dwelling units providing private
or communal living for elderly persons who ordinarily are
ambulatory and require no or limited medical attention or
supervision.
13.1
13.4
Such dwelling units shall consist of a room or group of
rooms forming a habitable unit for one, two, or three
persons, with facilities used, or int6nded'to be used, for
living, bathing, cooking, eating and sleeping.
Independent Dwellinq Unit~. Dwelling units similar in
character and use to congregate housing units and providing
elderly residents of such units with. access to all
supportive services provided in congregate housing units.
Independent dwelling units may only consist of free-standing
buildings which contain up to five (5) dwelling units per
structure.
Assisted Livinq Units. Dwelling units for elderly
individuals or couples in need of assistance with activities
of daily living. Such dwelling units may not include
facilities for cooking or eating.
Elderly. A single person who is 62 years of age or older;
or two or more persons sharing a household, the older of
whom is 62 years of age or older.
Wetlands. Any area within a parcel of land in a CCRC
falling within the definition contained in Chapter 131 of
the General Laws of Massachusetts as amended from time to
time, or any regulations promulgated pursuant to said
chapter.
Home Health Care. Medical and therapeutic services provided
to residents in their dwelling units.
Permitted Uses
Principal uses. The following uses shall be permitted in a
CCRC:
1. Nursing care facilities;
2. Congregate housing units;
3. Independent dwelling units;
4. Assisted living units;
5. Home health care;
Facilities for supportive services, including, but not
limited to medical, rehabilitative, recreational,
social and nutritional programs, dining and function
rooms, kitchens facilities and laundry facilities.
These and others shall be designed for the primary use
of residents. Such supportive services may not be
designed or used as a general business for the larger
community of North Andover and environs.
13.2
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13.5
a.
Any other use deemed reasonably necessary or ancillary
by the Planning Board to facilitate the uses described
above, meaning and intending to permit those services
and programs customarily offered in CCRC.
Standards and Restrictions
Minimum Lot Size. A CCRC shall be permitted only within a
single lot containing a total area of not less than
twenty-five (25) acres. Existing public or private ways
need not constitute boundaries of the lot, but the area
within such ways shall not be counted in determining minimum
lot size. As used in Section 13, parcel and lot shall have
the same meaning.
Permissible Density. Unless in compliance with the bonus
density provisions of subsection 6., the dwelling unit
density shall not exceed an average of four (4) units per
acre in a parcel which is located within the Residential-2
District and five (5) units per acre in a parcel which is
located within the Village Residential District exclusive of
the nursing care facility. When a parcel is located in a
combined portion of either the Residential-2 and
Residential-1 or the Village Residential and Residential-1
Districts, a density factor of 2 units per acre shall be
applicable to the portion in the Residential-1 District.
However, in no instance shall any development such as the
construction of buildings, roads and parking lots be
permitted in the Residential-1 District nor shall any
development in Residential-2 or Village Residential District
adversely impact the Residential-1 District. For parcels
which are located in a combined portion of the Residential-2
and Village Residential Districts, the permissible density
for each District shall be applicable. Also, in no event
shall the total number of independent dwelling units exceed
fifteen (15) percent of the total number of dwelling units
otherwise allowed in any CCRC parcel. Further, in no
instance shall the Floor Area ration of the entire project
exceed 0.25, nor shall the total number of dwelling units
exceed 250 for any parcel regardless of total acreage or
density bonuses provided under paragraph 6.
Maximum Lot Coveraqe. In no event shall the maximum lot
coverage of buildings and structures exceed twenty-five (25)
percent.
Dimensional Requirements.
Perimeter Setback. The setback area is intended to
provide a perimeter greenbelt around the CCRC except
for road and utility crossings. No building or other
structure shall be located within one hundred (100)
feet of perimeter lines of CCRC parcel.
~3.3
Common open space lying within a setback area shall
qualify as fulfilling this requirement. A perimeter
landscaping plan shall be submitted to the Planning
Board for its approval provided that nothing shall
prevent the construction of walls and fences. The
Planning Board may authorize or require landscaping in
the Residential-1 District if it is consistent with the
objective of screening the CCRC from existing or
potential residential development.
Minimum Frontaqe. Frontage on any public street or way
shall be one hundred fifty (150) feet, except on Route
114 where for reasons of public safety, the minimum
frontage shall be two hundred fifty (250 feet).
Maximum Heiqht. The height of any structure shall not
exceed three (3) stories and in no event more than
thirty-five (35) feet, excluding bulkheads, chimneys,
flagpoles, mechanical penthouses, and similar
traditional roof appurtenances. Further, the Planning
Board may exempt ornamental or non-habitable
architectural features added for aesthetic purposes.
Common Open Space. Land within the CCRC parcel or lot which
is not specifically reserved for the support of the CCRC
facilities and which is not covered by buildings, roads,
driveways, parking areas, or service areas which is not set
aside as private yards, patios or gardens for residents
shall be Common Open Space. Further, all Common Open Space
shall be open and unobstructed to the sky; flagpoles,
sculptures, benches, swimming pools, tennis courts, atriums,
trees and similar objects shall not be considered
obstructions. The area of Common Open Space shall equal at
least fifty (50) percent of the total area of the CCRC
parcel or lot and no more than twenty-five (25) percent of
the minimum required Common Open Space shall be situated
within wetlands. The Common Open Space shall have a shape,
dimension, character and location suitable to enable its
enjoyment and use for conservation, recreation and
agriculture purposes by the residents of the CCRC.
Further a permanent conservation restriction of the type
described in MGL Chapter 184, Section 31, (including future
amendments thereto and corresponding provisions in future
laws) running to or enforceable by the Town shall be
recorded in respects to the Common Open Space. Such
restrictions shall provide that the common open space shall
be retained in perpetuity for one or more of the following
uses: conservation, recreations or agriculture. Such
restriction shall be in a form and substance as the Planning
Board shall prescribe including the management of said
conservation restriction by the Town Conservation
Commission, Trustees of Reservations, Essex County Greenbelt
Association or other agency or body, all as subject to the
approval of the Planning Board.
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13.6
a.
Parking. The minimum number of parking spaces provide in
connection with the uses permitted under this section shall
be as follows:
Nursing Care Facility. One parking space for every
sleeping room for single or double occupancy.
Conqreqate Housing, Assisted Housinq and IndeDenden~
Dwelling Unit~. One parking space for each unit.
The Planning Board shall have the discretion to waive the
applicant's compliance with these parking requirements
provided that the applicant's plans demonstrate the capacity
to fully comply with all other requirements of Section 13.
Public Sa~. The Planning Board shall require all CCRC
applications to include statements, drawings and/or plans
indicating that all applicable public safety (including fire
safety and suppression devices) have been provided as
required by law. Further, in recognition of the unique
requirements of the elderly for protection against the
hazards due to fire, applicants are advised to incorporate
sprinkler systems in accordance with provisions of the
National Fire Protection Association (NFPA 13D).
Public Sewer. Ail CCRC projects shall be connected to the
public sewer system. The North Andover Department of Public
Works shall review all proposed sewering plans and report as
to their adequacy to the Planning Board.
Bonuses
Affordable Housing. For all CCRC's the total number of
allowable dwelling units may be increased up to 50%, if the
applicant designates at least 10% of the total number of
units for uses as affordable housing units. Such units may
be rented, sold or otherwise provided to elderly persons
qualified to receive federal or state rental assistance or
subsidies for reducing mortgage payments in accordance with
income and assets limitations established by the authorizing
state or federal agency. The applicant may choose to meet
affordable housing requirements directly by utilizing
similar income and assets standards and establishing rents,
sales prices or entry feed for units which are determined to
be generally consistent with those established under the
various subsidy programs. For this purpose, the Planning
Board in consultation with the Housing Authority, any
establish rent, carrying charge, maintenance fee, sales
price or entry fee in order to meet the requirements for
affordable housing. Such units shall be maintained as
affordable housing units for the life of the CCRC
development.
13.5
13.7
a.
In the event that the applicant is unable to ~eet its ·
obligations in the manner prescribed above, or as an
alternative program, the Planning Board may allow the
applicant to contribute funds, in lieu of housing units, to
the: Town, Housing Authority or any public or non-profit
agency which is authorized to develop or support affordable
housing for the elderly. The rate of contribution shall be
two (2) dollars per square foot of gross floor area of all
buildings and structures exclusive of pools and parking.
The granting of this density bonus shall not exempt the
applicant from meeting any of the other requirements of this
or other referenced section of the Bylaw.
Open Space. The total number of allowable dwelling units
may be increased by 15% if the proposed CCRC provides 75%
usable open space consistent with the definition of open
space in this section. The granting of this bonus density
shall not exempt the applicant from meeting any of the other
requirements of this or other referenced sections of the
Bylaw.
Approval
Facilities proposed to be built in a CCRC shall be subject
to the following procedures:
The applicant shall be required to meet with the
Planning Board to discuss the provisions of Section 13
and other referenced Sections, the elements of the
proposed development and the requirements and specific
provisions of the preliminary site plan to the Planning
Board for its review and recommendations.
The applicant will be required to submit a "Definitive
Plan" in accordance with the applicable provisions of
Section 11.3. The Planning Board may issue a special
permit if is determines that all of the applicable
requirements for the CCRC have been met and the
definitive plan is generally consistent with the
preliminary site plan.
Relationship to Subdivision Reaulations. The requirements
of the special permit in no way or manner release the
applicant from the requirements of the Subdivision
Regulations of the North Andover Planning Board.
Density Bonus Limitations. The use of all density bonuses
provided herein may not exceed 50%.
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13.6
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SECTION 14
INDEPENDENTLY ELDERLY HOUSING
14.1
Establishment
Independent Elderly Housing shall be permitted use under the
special permit provisions of this Bylaw in the Residential-3
District. The Planning Board may review a definitive plan under
the special permit provisions in Section 10.3 and as is otherwise
provided in this section.
14.2 Purpose
The purpose of an Independent Elderly Housing special permit is
to provide an alternative and supplement to the traditional forms
of elderly housing promoted by the Town. It is further intended
to encourage the preservation of open space; and to preserve the
TOwn's residential character.
14.3 Definition
Independent Elderly Housing is a multi-family residential
structure, each dwelling unit with separate access; restricted to
individuals and couples 55 years of age and older, but not
excluding physically or mentally handicapped individuals.
14.4
Permitted Uses
Single, duplex and multi-family residential structures.
14.5
Standards and Restrictions
a. Minimum Lot Siz_____ge: A single lot at least 10 acres.
Permissible Density: Four dwelling units per acre, with no
more than eighty (89) dwelling units in any one independent
elderly housing development, or not more than one hundred
(100) in the event of compliance with the provisions Of
paragraph 6 below (Density Bonus); and in no instance shall
the maximum FAR exceed 0.20.
Maximum Lot Coverage: In no event shall the maximum lot
coverage of buildings exceed twenty-five percent (25%).
d. Setbacks:
Perimeter Setback: The setback area is intended to
provide a perimeter greenbelt around any independent
elderly housing development except for roads and
utility crossings. No building or other structure
shall be located within one hundred (100) feet of the
perimeter lot lines of an independent elderly housing
development.
14.1
ee
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Minimum Frontaq~: Frontage: Frontage on any public
street or. way shall be one hundred fifty (150) feet,
except Route 114 where for reasons of public safety
shall be two hundred fifty (250) feet.
Maximum Heiqht: The height of any structure shall
conform to the height requirement of the R-3 District.
Common Open Space: Ail land within the parcel or lot which
is not specifically reserved for the support of dwelling
units and which is not covered by buildings, roads,
driveways, parking areas or service areas, or which is not
set aside as private yards, patios or gardens for residents
shall be common open space. Further, all common open space
shall be open and unobstructed to the sky; flagpoles,
sculptures, benches, swimming pools, tennis courts, atriums,
trees and similar objects shall not be considered
obstructions. The area of common open space shall equal at
least fifty (50) percent of the total area of parcel or lot
and not more than twenty-five (25) percent of the minimum
required common open space shall be situated within
wetlands. The common open space shall have a shape
dimension, character and location suitable to enable its
enjoyment and use for conservation, recreation and
agriculture purposes by the residents. Further, a permanent
conservation restriction of the type described in MGL
Chapter 184, Section 31 (including future amendments thereto
and corresponding provisions in future laws) running to or
enforceable by the Town shall be recorded in respect to the
common open space. Such restrictions shall provide that the
common open space be retained in perpetuity for one or more
of the following uses: conservation, recreation or
agriculture. Such restriction shall be in a form and
substance as the Planning Board shall prescribe including
the management of said conservation restriction by the Town
Conservation Commission, Trustees of Reservations, Essex
County Greenbelt Association or other agency or body, all as
subject to the approval of the Planning Board.
Parking: Two off-street parking spaces per dwelling unit.
~: All projects shall be connected to the public
sewer system. The North Andover Department of Public Works
shall review all proposed sewering plans and report as to
their adequacy to the Planning Board.
Approval: Facilities and/or units proposed to be built as
Independent Elderly Housing shall be subject to the
following procedures:
The applicant shall be required to meet with the
Planning Board to discuss the provisions of Section 14
and the referenced section, the elements of the
proposed development and the requirements and specific
14.2
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14.6
a.
provisions of the preliminary site plan. The applicant
shall submit a preliminary site plan to the PlaDning
Board for its review and recommendations.
The applicant will be required to submit a "Definitive
Plan" in accordance with the applicable provisions of
Section 11.3. The Planning Board may issue a special
permit if it determines that all of the applicable
requirements for independent elderly housing have been
met and the definitive plan is generally consistent
with the preliminary site plan.
Relationship to Subdivision Regulations: The
requirements of the special permit in no way or
manner release the applicant from the requirements
of the Subdivision Regulations of the North
Andover Planning Board.
Density Bonus
Affordable Housing: For all Independent Elderly Housing,
the total number of allowable dwelling units may be
increased by 25%, if the applicant designates at least 10%
of the total number of units for use as affordable elderly
housing units. Such units may be rented, sold or otherwise
provided to elderly persons qualified to receive federal or
state rental assistance or subsides for reducing mortgage
payments in accordance with income and assets limitations
established by the authorizing state or federal agency. The
applicant may choose to meet affordable housing requirements
directly' by utilizing similar income and assets standards
and establishing rents, sales price of entry fees for units
which are determined to be generally consistent with those
established under the various subsidy programs. For this
purpose, the Planning Board in consultation with the Housing
Authority, may establish the rent, carrying charge,
maintenance fee, sales price or entry fee in order to meet
the requirements for affordable housing. Such units shall
be maintained as affordable housing units for the life of
the Independent Elderly Housing development. In the event
that the applicant is unable to meet its obligations in the
manner prescribed above, or as an alternative program, the
Planning Board may allow the applicant to contribute funds,
in lieu of housing units, to the: Town, Housing Authority
or any public or non-profit agency which is authorized to
develop or support affordable elderly housing. The rate of
contribution shall be two (2) dollars per square foot of
Gross Floor Area of all buildings and structures exclusive
of underground parking or swimming pools. The granting of
this density bonus shall not exempt the applicant from
meeting any of the other provisions of this or other
referenced sections of this Bylaw.
14.3
SOM~IAR~' OP' IJSI~ R~GUI. h.T~OWS
]tc'oldcn t:lal Commetc 1 mi. Induetz J. al
il. ce Res Viii [tea lies Ocs Bus Bue i)u Vi. Il Hen lsd Iud
1,2 4 Res $ 6 ' I 2 3 4' Cosn Bus J. 2 3
& 3
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Art Gallery
Auto Se£vice Statioe*
AvCo & Vehicle aepa~c,
Bo~ Shop
HO Ho Ha Ho Sp Yes Yes Xes ~es Yea ~es ~es Yes Yes No
Ho Ho Ho Ho Ho Ho Xes* Xes* No No Yes* No Yes* No
Ho HO Ho Ho Ho Ho #o Ho Ho NO Xes Ho Yes No No
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Bus Garage
Business & Other Offices
Came:sty
Ho No Ho HO Ho No NO No No No Yes We Yes Ho Yes
Yes Yes Yes Xes Yes Ho No #o No lie lie No HO Ho No
Ho SP Ho NO HO No NO No No Ho HO No HO We Ho
Yes* HQ HO Ho Ho Ho Ho NO Ho Ho HO HO Ho HO NO
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Golf Course
Guest House
lodependent
Elderly ~ousing
Indoor Place o~
Amusement or ASB.mh~y
Indoor Ice Skating
~oil£ties
Ho gee Yes Yes Yes Ho ~o Ho Ho Ho Ho Ho Ho Ho Ho
Yes No Ho No HO Ho Ho No Ho No HO No HO No No
NO No ~o ao HO No Xes Yes NO Xes Yea Wa No Ho Ho
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Lk,unber, Puel Storage
Or Contractor's Yax~
Manufacturing*
Medical Center*
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Multi-family
D~eilings & Apts.
Honprofit $chuol
Yes ~es Yes Yes Yes , YeS ~es Yes Xes ~ee Xes Yes Yes ~es gee
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One-family Dwelling
PursonaL Services
Establishment
Place of Worship
SP SP SP SP SP No No No Yea Ho No Ho No No Ho
Yes Yes Yes Yes Yes Yes Ho No No No No No No NO No
TB1.1
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TABLe
Res Res rill Rea Res Bus Rue Bus Bus
1,2 4 Rea 5 6 1 2 3 4 Co~ Bus 1 2 3 S
'- 3
Pro~essional
Public Ouildin9 or
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Public Garages &
Accessory Buildings
Public Service Corporation
~ublic Sanitary
Disposal Site
Pubkic Storage
No Ho No No NO No No No No No No No No Yen No
No No No Ho S~ No No Ho Ho ~o No Ho No Yes No
No No No No No Ho Ho ~o NO NO No Ho No Yes NO
No No No No Ho No No No No No No No Ho Yee Ho
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Recreation Azea
Facilities
Retail Establishment
Taxi Depot
Towuhouses
Two-fam{Ly Dwelling
Veterinary ~ospi~al
& Kennel
Warehousing &
Whoiesalin9
Day Care Centex
[1985/22}
No No No Yes Yes No SP No No Ho No No NO No No
NO Yes Yes Yes Yea Xes No NO NO No No NO No NO No
NO NO No NO NO No NO ~o No No No No ~es No No
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· See detailed Die=r£ut Use Regulations.
SP Wi~.h Special Pe~-oLi. C Only.
NOTE: This cAaXC is for s-mm~ry lflfoA-maCioe purposes only and Aa not a suba~ituke for the detailed
~s=ic= use reg~a~ions con~lned in Sac=ion 4 o~ ~is Bylaw.
Onl~ wi~h the provision of p~lcly owned and ~intained sewers or To~ approved and accepted
private sewers,
five dwelling ~i~
TBi. 2
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I. 1. In Ail district excemt Villaqe Commercial, front setbacks
along Route 114 shall be a minimum of 100' Front setbacks
shall be 100' ~long 125 in Industrial 1 and 2 Districts; the
first 50' of front setbacks under this requirement shall be
made to provide an effective visual buffer and no parking
shall be permitted.
3.
4.
5.
6.
7.
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Adjacent to residential district, an additional 15 foot side
or rear setback shall be required. The first 15 feet of the
total setback abutting the residential district shall remain
open and green, be suitably landscaped, unbuilt upon,
unpaved and not parked upon. In the Business 2 District,
the side yard requirements may be eliminated when two (2)
adjoining property owners agree to share a party wall.
Adjacent to residential districts, the required side or rear
setback shall be 100 feet. The first 50 feet of such
setback abutting the residential district shall remain open
and green, be suitably landscaped, unbuilt upon, unpaved and
not parked upon.
If an enclosed parking structure is provided, lot coverage
may be increased up to the amount of such parking area but
not exceed a total coverage of 45%.
Minimum lot size for a townhouse complex shall be 43,560
square feet although individual townhouse lots may be a
minimum of 3,000 square feet. Minimum lot size for an
apartment complex shall be 60,00 square feet.
Dimensional regulations for townhouse complexes shall meet
the requirement of the Residence 5 District; individual
townhouses within the complex, however, shall be regulated
as follows:
Minimum Street Frontage:
Minimum Front Setback:
18 Feet
30 Feet
Minimum Side Setback:
Minimum Rear Setback:
Maximum Floor Area Ratio:
Maximum Lot Contiguous Units:
None required where
a party wall is
constructed between
units; otherwise a
25 foot side setback
shall be provided.
30 Feet
1.20:1
10
The following additional requirements shall apply when
apartments or townhouse complexes are constructed in this
district:
10.
ll.
12.
There shall be a paved driveway or paved walk adequate
to accommodate emergency vehicles within 50 feet o~ the
outside entrance of each dwelling unit.
Any road providing access to townhouses or lots
intended for townhouses shall conform to the
Subdivision Control Regulations of the Planning Board.
Any road providing access to more than 18 apartment
dwelling units or more than 24 parking spaces shall
conform to appropriate provisions of the Subdivision
Control Regulations as if it were a minor residential
street. Before issuing a building permit in such
cases, the Building Inspector shall obtain a report
from the Planning Board on the extent of such
conformity.
d. Maximum height (apartment building): 40 feet.
Maximum stories of living quarters
building): 3.
(apartment
f. Maximum units per structure (apartment building): 18
In Residence 4 Districts only, front setback may be the
average of all front setbacks of dwelling units within 250
feet on either side of lot. Buildings on corner lots shall
have the required front setback from both streets except in
the Residence 4 Districts, where setback from the side
street shall be a minimum of 20 feet.
Nursing and convalescent homes shall have at least 600
square feet of lot area per bed. Minimum lot size for such
homes in R 1, R 2, and R 3 Districts shall be 2 acres.
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 of
public roadway.
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.
Only if all lots or structures are serviced with public
sewer and/or a private sewer system approved and accepted by
the Town. For the purpose of this section, the te~m private
sewer system shall mean a sewer system built by a developer
to Town specifications and locations, and dedicated to the
Town.
In no instances shall the term private sewer system be
construed to limit accessibility to the sewer system beyond
regulations consistent with the public sewer system.
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13,
14.
15.
16.
If multi-family structures are selected to attain the
maximum density allowed, the proposed project shall be
subject to the minimum open space requirements found in
Section 8.5 (Planned Residential Development), and to the
site plan review requirements of Section 8.3.
In the instance where no public sewer service is provided
and there is no private sewer system acceptable to the Town,
the allowed density in the Village Residential Zone shall be
one dwelling unit per acre and said dwelling and associated
lot shall conform to all the regulations consistent with
development in the R-2 Zone. Further, under no
circumstances shall multi-family development be allowed in
the Village Residential Zone, regardless of density,
without the provisions of public sewer or a town approved
and accepted private sewer system.
In instances where a lot fronts on Route 114, for purposes
of public safety, the required lot frontage shall be 250
feet.
The dimensional criteria described in the table below
applies only to detached single family development.
Multi-family structures developed in this district shall be
subject to all criteria applicable to multi-family
developments as stated in Section 8.5. However, in no
instances shall the bonus density subsections of Section 8.5
apply in the Village Residential District.
In accordance with the procedures and regulations set forth
in Section 10.3 and 10.31 of this Bylaw, an application for
a special permit may be submitted to increase the allowed
Floor Area Ratio (maximum) from 0.25:1 to 0.30:1 provided
that at least 5,000 sq. ft. (excluding basements) of the
resulting gross floor area be deeded to the Town for public
use purposes; that at least 2,500 sq. ft. of said area be
located at street level, and that the entire square footage,
exclusive of basements, deeded to the Town be supported with
parking spaces at the rate of one space per 250 square feet.
Open space shall be consistent with the definition of usable
open space as contained in Section 8.5, subsection 5f.
Usable Open Space no loading areas shall be allowed on the
usable open space.
Ail required front, rear, and side yard requirements may be
calculated as part of the usable open space, but in no
instance shall any area designated for open space be less
than 15 feet in width.
Further, no more than 25% of the total area required for
open space shall be a wetland area, and no permanent or
standing waterbodies shall be calculated as part of the
required open space.
FNi. 3
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17. Village Commercial Dimensional Requirements I
Setbacks
Objective: The setbacks have been determined and arranged in
such a way as to promote a quality development which lends itself
to the surrounding community in an unobstructive manner.
DJ
Front setbacks for structure along Route 114 shall be a
minimum of 50', all of which shall be used as an
effective visual buffer. No parking shall be allowed
within that 50, buffer. Any roadways or drives within
that 50' buffer shall be as necessary for access only.
When adjacent to a Residential District the minimum
setback shall be 40', with the first 25' remaining as
an effective visual buffer. The Planning Board may
allow the minimum setback adjacent to a Residential
District to be reduced to 25' providing that the
maximum height of the proposed structure be 25', not to
exceed one (1) story. Further, for every 1 foot that
the structure is moved closer than 40' to the
Residential Property Line the maximum allowed height of
the structure shall be reduced by 1 foot (See Diagram
1). In no instances shall a structure be closer that
25'to a side or rear setback. Any roadway or drives
within those setbacks shall be as necessary for access
only.
Diagram 1.
(Residential Abutter)
Property
Line
SETBACK
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Applicant:
1.
TOWN OF NORTH ANDOVER
MASSACHUSETTS
PLANNING BOARD
APPLICATION FOR SPECIAL PERMIT
NOTICE: This application must be typewritten
Application is hereby made
(a)
Address:
For a Special Permit under Section
of the Zoning Bylaw.
(a) Premises
numbered
(b) Premises
North
(c)
Premises affected are in Zoning District
the premises affected have an area of
and frontage of feet.
3. Ownership:
, Paragraph
affected are land and buildings
Street.
affected are property with frontage on the
South East West side of
Street, known as No.
Street.
; and
(a) Name and Address of owner (if joint ownership, give all
names):
(b)
Date of purchase Previous owner
If applicant is not owner, check his interest in the
premises:
Prospective purchaser
Leasee
Other (explain)
Size of proposed building:
Height: stories:
front: feet deep
feet.
(a) Approximate date of erection
(b) Occupancy or use (of each floor)
(c) Type of construction
Size of Existing Building: feet front:
Height: stories feet.
(a) Approximate date of erection
(b) Occupancy or use (of each floor)
__feet deep
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Has there been a previous application for a Special Permit
from the Planning Board on these premises?
If so, when
Description of purpose for which Special Permit is sought on
this petition:
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Deed recorded in the Registry of Deeds in Book Page
or Land Court Certificate No. Book _ ' Page __
The principal points upon which I base may application are
as follows: (must be stated in detail).
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I agree to pay for advertising in newspaper and postage fee for
mailing legal notices to "Parties in Interest".
(Petitioner's Signature)
Every application for action by the Board shall be made on a form
approved by the Board. These forms shall be furnished by the
Clerk upon request. Any communication supporting to be an
application shall be treated as mere notice of intention to seek
relief until such time as it is made on the official application'
form. All information called for by the form shall be furnished
by the applicant in the manner therein.
Every application shall be submitted with a list of "Parties in
Interest" which shall include the petitioner, abutters, owners of
land directly opposite on any public or private street or way and
abutters to the abutters within three hundred (300) feet of the
property line all as they appear on the most recent applicable
tax list, notwithstanding that the land of such owner is located
in another city or town, the Planning Board of the Town and the
Planning Board of every abutting city or town.
LIST OF PARTIES IN INTEREST
NAMES
ADDRESS
Add additional sheets if necessary
Any question should be directed to the Planning Office
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DMSION OF PLANNING AND COMMUNITY DEVELO~
TOWN OF NORTH ANDOVER, MASSACHUSETTS
PLANNING BOARD
APPLICATION FOR SITE PLAN REVIEW - SPECIAL PERMIT
Under Section 8.3 of the Town of North Andover Zoning Bylaw.
1.)
Applicant/Petitioner:
Address:
Phone:
2.) Ownership:
Address:
3.)
Phone:
Location of the project:
Address:
6.)
Ma4or
Assessors Map #
Deed Recorded in:
Registry of Deeds Book
Certificate No.
Size of the Building
Height
Occupancy or Use
Stories
Size of Existing Building
Height Stories
Occupancy or Use
Type of Construction
Page
Book
or Land Court
Page
Classification of
Zoning Bylaw)
Major
the Project
Intermediate
square feet
feet
(See Section 8.33
Minor
feet
Information Required for Site Plan Review
of the
TYPe of Development Proposed
Intermediate Minor Tvme of Information Required
X X X
X X X
X X X
X X X
X X X
X X X
X X X
X X X
X X X
X X X
1. North Arrow/Location Map
2. Survey of the Lot/Parcel
3. Name/Description of
Project
4. Easements/Legal
Conditions
5. Topography
6. Zoning Information
7. Stormwater Drainage Plan
8. Building(s) Location
9. Location of Parking/
Walkways
10. Location of Wetlands
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X X X
X X X
X X
X__ X 0
X~ X 0
X .. X 0
X 0 0
X ~ 0 0
X
11. Location of Walls/Signs
12. Location of Roadways/
Drives
13. Outdoor Storage/ Display
Area
14. Landscaping Plan
15. Refuse Areas
16. Lighting Facilities
17. Drainage Basin Study
18. Traffic Impact Study
19. Commonwealth Review
X
0
required Information
Information may be requested by the Planning Board
7.) Please supply ten (10) copies of the above information to
the Town Planner with this application.
8.) Advertising Fee :
Filing Fee:
9.) Petitioners Signature:
Every application for action by the Board shall be made on a form
approved by the Board. These fozms shall be furnished by the
Town Clerk upon request. Any communication purporting to be an
application shall be treated as mere notice of intention to seek
relief until such time as it is made on the official application
form. All information called for by the form shall be furnished
by the applicant in the manner therein prescribed in accordance
with the requirements of Section 8.3.
Every application shall be submitted with a list of "Parties in
Interest" which shall include the petitioner, abutters, owners of
land directly opposite on any public or private street or way and
abutters to the abutters within three hundred (300) feet of the
property line all as they appear on the most recent applicable
tax list, notwithstanding that the land of any such owner is
located in another city or town, the Planning Board of the Town
and the Planning Board of every abutting city or town.
LIST OF PARTIES IN INTEREST
NAME
ADDRESS
Add additional sheets, if necessary.
Any questions should be directed to the Planning Office.
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sco'l-r HARSHBARGER
ATTORNET GENERAL
(617) 727-2200
July 13, 1994
Daniel Lon9
Town Clerk
120 Main Street
North Andover, MA 01845
Dear Mr. Lon§:
You have sUbmitted to this office article 15 of the
Annual Town Meeting of May 2, 1994. This article seeks to
petition the General Court to enact special legislation for the
purpose of proposing amendments to the Town's Home Rule Charter.
Pursuant to Section 10 of General Laws Chapter 43B, the
Attorney General is authorized to provide opinions regarding
amendments proposed pursuant to the Home Rule Procedures Act.
No similar authorization exists with respect to amendments
proposed by special legislation. Accordinly, we render no
opinion as to the validity of the amendments proposed under
article 15.
Please feel free to contact me if you have any questions
in this regard.
Ve~ truly yours, _
Assistant Attorney General
617-727-2200, ext. 2082
CHIEF OF POL]CE
NOHTH ANDOVER, MASSACHU$£TI'S
RICHARD M. ST^NLEY
CHIEF
PHONE:
683-3168
DOOR-TO-DOOR SOLICITATION BY-LAW
Section 3 - Exception:
The provisions of this By-law shall not apply to any person duly
licensed under Chapter 101, or to any person exempted under Chapter
101, Chapter 149, s. 69, Chapter 180, s. 4 or to any person
exempted by any other General Law, or officers or employees of the
Town, 'county, state or federal governments when on official
business nor shall this By-law be construed to Drevent route
salesmen or other persons having established customers to whom they
make periodic deliveries from callin~ upon such customers or from
making calls upon prospective customers to solicit an order for
future periodic r~ute deliverie~ This By-law shall not prevent
persons from engaging in the pursuit of soliciting for charitable,
benevolent, fraternal, religious or political activities.
AMENDMENT TO SECTION 3:
Strike the phrase "nor shall this By-law be construed to prevent";
replace with the word "or".
Strike the phrase "from calling upon". Replace with the word "to".
Add "including news carriers" after the phrase "periodic route
deliveries"
Section 3 Exception:
The provisions of this By'law shall not apply to any person duly
licensed under Chapter 101, or to any person exempted under Chapter
101, Chapter 149, s. 69, Chapter 180, s. 4 or to any person
exempted by any other General Law, or officers or employees of the
Town, county, state or federal governments when on official
business or route salesmen or other persons having established
customers to whom they make periodic deliveries to such customers
or from making calls upon prospective customers to solicit an order
for future periodic route deliveries includinq news carriers. This
By-law shall not prevent persons from engaging in the pursuit of
soliciting for charitable, benevolent, fraternal, religious or
political activities.
ARTICLE 45- T~ANSF~MOF LAND - SCHOOL HO~SE LOT, ~aT.~ETH~ET. To see
if the Town will vote to transfer to the Board of Selectmen, for the purposes
of sale, the parcel known, as the School House Lot, Assessor's Map 106, no
Lot number, abutting Lot 20' at 1440 Salem Street,. and to authorize the
Selectmen to dispose of such interest, as the Town may have in said parcel by
sale on such terms and conditions, as they may determine to be in the best
interests of the Town, or take any action in relation thereto.
Fr. Arshag Daghl~- and Others
Board of Selectme~ Rec~-.--.ndatio~: Favorable Action.
Pl~--ing Board Reco~ael~dation: Favorable Action.
ARTI~ 46. C09~l'l-r~u~ TO STtU3~ A~N~kL R~ORT AXeD ~ OF ~.~A'~C
~.~.~ ~(S) ~ ~O~E ~TI~ ~ CITI~ OF ~R~ ~. To
see if the To~ will vote to raima =n~ ~pprc~iat~ a ~"- ~ t~ed
~ and to create a special committee of five ~ers, who are not
elected officials, appointed by the Moderator to be kno~ as the Co~ittee to
Study ~nual To~ Report and use of Electronic Bulletin Boards. ~is
co~ittee shall recommend the form and contents of minimum info~ation to be
provided by each department for inclusion in the To~'s ~ual Report, the
format of the ~ual Report and other information of departments which should
be made accessible via Electronic Bulletin Board(s) and to s~mit to the next
annual to~ meeting its written recommen~tions, including a s~ of
comments, of all departments, interested parties and any p~lic hearings
held. The ~n i~--L~i~L=d. -s,~ ~ ~ ' I --]~ ~ ~ 1,~M~__ ~kr ~-~.:~i uf ' :';~
~ard of Select~ ~~ti~: To be made at To~ Meeting.
~iso~He~~tion: Favorable Actio~.~
TO see if ~o~ll vote to raise and appropriate, ~r
a~- ........ /~~=tts ~.i ~..a a sum not to exceed
mm~-[.TI~~uv .............. e
$ 5~,99~ to be expended ~der the direction of the Board of Selectmen for th
purpose of providing for local cable ~ viewing, either delayed or
simultaneous of all Selectmen meetings, all School Co~ittee meetings ~d
meetings of any other Boards, the later, as determined by the Board of
Selectmen. The taped transcripts of these meetings shall be ~intained ~
of three.ears ~ copies made availabl~upon re.est
the To~ for a period costs'~ '~ [ ~ ~
after rei~ursement of ~ ~~ ~,~ ~~
R~ Ercol~ ~d O~ers
Board of Selectmen Hec~.~.~ndation: Unfavorable Action.
AdvisdryBoardRecou~e_ndatio~: Unfavorable Action
47
Article 55: Roadway Acceptance - Patton Lane
MOTION:
I MOVE that the Town acceDt Patton Lane as a public way, as shown
on Sheet 2 of 4 of the plan labelled "Definitive Subdivision Plan
of Salem Forest II, North Andover", dated August 1, 1983, revised
December 30, 1983, and recorded at the Northern Essex Registry of
Deeds as Plan #9378.
SCOTT HARSHBARGER
AI'FORNEY GENERAL
(617) 727-~200
September 16, 1994
Daniel Long
Town Clerk
Town Hall
120 Main St.
North Andover, MA 01845
Dear Mr. Long,
I regret that I must enclose the amendment to the zoning
by-laws adopted under article 22 of the warrant for the North
Andover Annual Town Meeting that convened on May 2, 1994, with
the disapproval of this Office endorsed thereon.
As written, the by-law states that all signs require
permits, except temporary signs that are otherwise provided
for. See §~ 6.4(2)~ 6.6(1) (I) (1). While there is an exception
for temporary signs "for a charitable or religious cause,"
there is no exception for temporary political signs. Just this
year in City of Ladue v. Gilleo, 512 U.S. , 114 S.Ct. 2038
(1994), the United States Supreme Court held that a city's
prohibition on residential political signs "violates the First
Amendment." Requiring a permit and a fee for political signs
is "unnecessarily burdensome" on the exercise of free speech, a
right guaranteed by the First Amendment. Baldwin v. Redwood
City, 540 F.2d 1360 (gth Cir. 1976). Accordingly, these
provisions of the by-law are unconstitutional.
Further, the by-law attempts to prbhibit certain types of
signs: § 6.5(9) "No sign shall be erected, displayed, or
maintained if it contains any obscene or indecent matter."
Obscenity is not protected by the First Amendment's free speech
clause. Miller v. California, 413 U.S. 15, 23 (1973). Thus, a
by-law banning obscene signs would be constitutionally valid.
However, to be valid, the by-law must define "obscene" in order
to withstand a constitutional challenge for vagueness or over-
breath. There is no definition of "obscene" in the by-law.
Nor is there a definition of "indecent," assuming that indecent
signs are not constitutionally protected.
Daniel Lon~
Town Clerk
Town Hall
Pa~e Two
September 16, 1994
Accordingly, article 22 is disapproved.
Sincerely' ~ ~Abb~0tt~
~onathan A.
Assistant Attorney General
617 727-2200, ext. 2096
JAA/ljy
Enclosures
Further, it shall be unlawful for any canvasser or solicitor to enter the
premises of a resident or business who has displayed a "No Trespassing" or
· "No soliciting" sign or poster.
Section 9 - Duties of Solicitors:
It shall be the duty of every solicitor or canvasser, upon going onto
any residential premises in the Town of North Andover, to first examine
the notice provided for in Section 8 of the Bylaw, if any is exhibited.
If notice stated "No Solicitors or Canvassers Invited" then the
solicitor or canvasser shall immediately and peacefully depart from the
premises.
If the notice limits the hours of the solicitation, the solicitor or
canvasser shall comply with the limits noted.
ARTI~.R 18. SOLICITATIfH~ BYLAW%. TO see if the Town will vote to adopt
the following solicitation bylaw, and to insert it, as Chapter 142, in the
"CODE OF THE TOWN OF NORTH ANDOVER,,, establishing registration requirements
and specific opera~ion requirements for all persons intending to engage in
door-to-door canvassing or solicitation in the Town of North Andover, as
follows:
Section 1 - Purpose: This Bylaw, adopted pursuant to Massachusetts General
Laws Chapter 43B, § 13 and Article 89 of the Amendment to the Constitution of
the Commonwealth of Massachusetts, establishes registration requirements and
specific operation requirements for all persons intending to engage in door-
to-door canvassing or solicitation in the Town of North Andover i~ order to:
Protect its citizenry from disruption of the peaceful enjoyment of their
residences and from the perpetration of fraud or other crimes; and
To allow for reasonable access to residents in their homes by persons or
organizations who wish t° communicate either commercial or non-
commercial messages.
Section 2 - Definition: "Solicitor or Canvasser" is defined as any person
who, for himself or for another person, firm, or corporation travels by foot,
automobile or any other type of conveyance from place to place, from house to
house, or from street to street, taking or attempting to lease or take orders
21
No solicitor or canvasser, licensed or exempted from license, shall
falsely represent, directly or by implication, that the solicitation or
canvassing is being done on behalf of a governmental organization.
Do
No solicitor or canvasser, licensed or exempted from license, shall
solicit or canvass at any residence without express prio~ permission of
an occupant, before 8:00 AM or after 8:30 PM Where there is no sign
posted otherwise limiting solicitation or the hours of solicitation.
No solicitor or canvasser, licensed or exempted from license, shall go
upon any residential premises and ring the doorbell or rap or knock upon
the door of the residence or create any sound in any manner calculated
to attract the attention of the occupant of such residence for the
purpose of solicitation or canvassing in defiance of the notice
exhibited at the residenc~ in accordance with Section 9.
Section 11 - Revocation of Lic~-~e: The Chief of Police is hereby vested
with jurisdiction over the revoking of a registered solicitor for any
violation of the pr~visions contained within this Bylaw or who knowingly
provides false information on the registration application. Any person
aggrieved by such revocation may appeal to the Town Manager within 7 business
days in writing, and a hearing will be scheduled within 5 business days.
Section 12 - P--~lty: Any person or organization violating any of the
provisions of this Bylaw shall be subject to a fine of $ 100.00 for each
offense. This penalty may be enforced under the provisions of the non-
criminal disposition provisions contained in Article 1, Section 4.0 of the
Town's General Bylaws.
Section 13 - Severability: Invalidity of any individual provision of this
Bylaw shall not affect the validity of the Bylaw, as a whole.
Sectic~ 14 - Fees: Any fines established by the Bylaw may be changed, from
time to time, by an action of the Board of Selectmen.
Richard M. StA-ley, ~ef of Police
Board of Selectmen Recc~me--dation: Favorable Action.
ARTI~r.R 19. PETITIO~ STAu.'=
SHARING PLAN. To see if the Town will vote to instruct its representatives
to the General Court to support the Massachusetts Municipal Associations's
Revenue Sharing Plan to provide an adequate and secure source of funds to
support local services, by dedicating a portion of state tax revenues and
lottery proceeds to fund the new Chapter 70 school aid schedule, a general
revenue sharing distribution which includes a five-year phase-out of the
current lottery diversion, and a gas tax distribution or take any other
action relative thereto.
Board of Selectm~-
Board of Selectmen Hecc~aendat/on: Favorable Action.
Advisory Board RecC-~-~=tion: Favorable Action.
25
aggrieved by such revocation may appeal to the Town Manager within 7 business
days in writing, and a hearing will be scheduled within S business days.
Section 12 - P~-~]t¥: Ally person or organization lviolati~g any of the
provisions of this Bylaw shall be subject to a fine of $ 100.00 for each
offense. This penalty may be enforced under the provisions of the non-
criminal disposition provisions contained in Article 1, Section 4.0 of the
Town's General Bylaws.
Secti(~a 13 - Severabilit¥: Invalidity of any individual provision of this
Bylaw shall not affect the validity of the Bylaw, as a whole.
Secticua 14 - Fees: Any fines established by the Bylaw may be changed, from
time to time, by an action of the Board of Selectmen.
Richard M. St~--ley, ~4ef of Police
V~u to adopt the article as printed in the warrant, with the following
amendments:
Amend the Bylaw from "Chapter 142" to "Chapter 158".
Amend Section 3 - Exception as follows:
Strike the phrase "nor shall this Bylaw be construed to prevent"
and replace with the work
Strike the phrase "from calling upon" and replace with the word
"to".
Add "including news carriers" after the phrase "periodic route
deliveries".
Amend Section 7 - Registration Cards as follows:
add the following at end of section: "This fee may be waived at
the discretion of the Chief of Police for non-profit organizations
with proof of non-profit standing."
Amend Section 8 - Notice Regulating Solicitation, Item A. a~ follows:
- add "or at the beginning of the driveway" after the phrase ,near
the main entrance door to the residence"
for retail sale of goods, wares, merchandise, or services, including without
limiting, the selling, distributing, exposing for sale or soliciting orders
· for magazines, books, periodicals or other articles of a commercial nature,
the contracting of all home improvements, or for services to be performed in
the future whether or not such individual has, carries or exposes for retail
sale a sample of the subject of such sale or whether he is coll%cting advance
payment on such retail sales.
"Residence" shall mean and include every individual dwelling unit occupied
for residential purposes by one or more persons.
"Registered Solicitor" shall mean any person who has obtained a valid
certificate of registration from the Town, as required under this Bylaw.
Section 3 - Exception: The p~ovisions of this Bylaw shall not apply to any
person duly licensed under Chapter 101, or to any person exempted under
Chapter 101, Chapter 149, § 69, Chapter 180, § 4, or to any person exempted
by any other General 'Law, or officers or employees of the Town, County, State
or Federal governments when on official business nor shall this Bylaw be
construed to prevent route salesmen or other persons having established
customers to whom they make periodic deliveries from calling upon such
customers or from making calls upon prospective customers to solicit an order
for future periodic route deliveries. This Bylaw shall not prevent persons
from engaging in the pursuit of soiiciting for charitable, benevolent,
fraternal, religious or political activities.
Section 4 - Registration: Every person or organization intending to engage
in soliciting or canvassing door-toJ~oor in the Town of North Andover must
register with the Police Departmen~ 'at least seven (7) days in advance by
filing a registration application form with the Chief of Police. Such form
will be signed under the penalties of perjury and contain the following
information:
B.
C.
D.
E.
Name of Applicant. ~
Address of applicant. Business, local and home address.
Telephone number of applicant. Business and home numbers.
Applicant's social security number.
The length of time for which the right to do business is desired. No
registration will be granted for a period longer than 90 days.
A brief description of the nature of the business and the' goods to be
sold.
The name, home office address and telephone number of the applicant's
employer. If self-employed, it shall so state.
A photograph of the applicant, which shall be provided by the applicant,
and be 2" X 2", and will show the head and shoulders of the applicant in
a clear and distinguishing manner. This provision may be waived by the
Chief of Police for local non-profit organizations.
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I. If operating or being transported by a motor vehicle(s): The year, make
model, vehicle identification number, registration number, state of
registration and the vehicle's owner and address, for each vehicle, will
be provided.
J. The names of the three most recent communities ~.(if any)? in which the
applicant has solicited or canvassed door-to-door.
In addition, a list of names, addresses, dates of birth, and social security
numbers of all individuals who will be employed in canvassing or solicitation
and those supervising such individuals or a roster of local non-profit
canvassers or solicitors will be attached to the application.
The Chief of Police may refuse to register an organization or individual
whose registration has been revoked for violation of this Bylaw within the
previous two-year period.
Section 5 - Registration Fee: Each applicant for registration or re-
registration shall pay a non-refundable fee of $ 5 to the Town at the time of
application. A registration fee must be paid for each person who will be
engaged in soliciting or canvassing or the supervision of canvassing or
soliciting. This fee may be waived at the discretion of the Chief of Police
for non-profit organizations with proof of non-profit standing.
Section 6 ~ Iz~stigation: Upon receipt of the application, the Chief of
Police shall investigate the applicant's background and reputation. Within
seven (7) days of the filing of the application, the Chief shall endorse on
such application his approval or disapproval.
Section 7 - Registration ~mvds: ~The Chief of Police shall furnish each
person engaged in solicitation or canvassing with a registration card which
will contain the following information:
A. Name of person
B. Recent 2" X 2" photographsupplied by the individual to be registered.
C. Name of the organization that the person represents.
D. A statement that the individual has been registered with the Police
Department but that registration is not an endorsement of any individual
or organization.
E. Specific dates or period of time covered by the registration.
Section 8 - Notice Regulating solicitation: Every occupant df a residence
desiring to secure additional protection, as provided by this Bylaw shall
comply with the following requirements:
A. A weatherproofed card, approximately 3" X 5" in size shall be exhibited
upon or near the main entrance door to the residence, indicating the
determination by the occupant, as to whether solicitors or c~vassers
are invited to the residence by the following applicable words:
"No Solicitors or Canvassers Invited".
"No Solicitors or Canvassers Invited Before the Hour of
AM or After the Hour of _PM".
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ARTICLE 22. ZONIN~ BYLAW AMEN~$~T - SI~ BYLAW - SECTI(H~ 6. To see if
the Town will vote to amend Section 6 of the Zoning Bylaw by replacing the
existing sign bylaw with the following sign bylaw or take any other action
relative thereto:
Section 6. SI6~AND LI,~--r~ R~teu~TIONS
6.1 Authority an~ Interpretation - This Bylaw is adopted as a general bylaw
pursuant to Chapter 98, Section 29-33 inclusive, as amended, and a Zoning
Bylaw pursuant to Chapter 40A, as amended, of the General Laws of the
Commonwealth of Massachusetts. This Bylaw is hereby declared to be remedial,
as to secure the beneficial interests and purposes defined in Section 6.2 of
this Bylaw.
6.2 Pu_wl~oses
1. The regulation and restriction of signs within the Town of North Andover
in order to protect and enhance the visual environment of the Town for
purposes of safety, convenience, information and welfare of its
residents.
6.3
1.
The restricting of signs and lights which overload the public's capacity
to receive information, which violate privacy, or which increase the
probability of accidents by distracting attention or obstructing vision.
To encourage signage and lighting which aid communication, orientation,
identify activities, express local history and character, and serve
educational purposes for the public good.
The reduction of visual and informational conflict among private signs
and lighting and between the private and public information systems.
Definitions
Accessory Sign - A sign that advertises activities, goods, products, or
a specific use, owner, or tenant, available within the building or on
the property on which the sign is located, or advertises the property,
as a whole or any part thereof for sale or rent.
Building Frontage - The length of feet of a ground floor level of a
building front or a sign facing a street (or facing a right of way
accessible from a street) that is occupied by an individual business.
Directio~l Sign - A non-accessory sign containing no advertising and
giving direction to community (non-commercial) activities, buildings,
areas, such as churches, schools, playgrounds, museums, historical
sights, public buildings, etc. Sign not to exceed 12" X 30".
Display window Signs Temporary signs on the surface of or inside
display windows, lighted only by the general building illumination.
Erect - Shall mean and include to construct, place, relocate, enlarge,
alter, attach, suspend and post.
37
6. Flagpole - A pole erected on a roof, or projecting from a building or
structure or on the ground.
Freestanding Sign - Shall mean and include any sign not attached to a
building or the ground.
Gr~md Sign - Any sign erected on the ground which is self-supported and
anchored to the ground.
Illuml-ated Sign - Illuminated sign shall mean any sign illuminated by
electricity, or other artificial light including reflective or
phosphorescent light and shall include location of source illumination.
10. Marquee - Any sheltering structure of permanent construction projecting
from and totally supported by the wall and/or roof of a building.
11. Non-Accessory Sign -' Any sign that is not an accessory sign.
12. Per-~-ent Sign - Any sign permitted to be erected and maintained for
more than 60 days.
13.
14.
15.
16.
17.
18.
Primary Sign - The principal accessory sign which may be a wall, roof,
or ground sign.
Projecting Sign - Any sign which is attached or suspended from a
building or other structure and any part of which projects more than 12
inches from the wall surface of that portion of the building or
structure.
Roof Sign - Any sign erected, constructed, and maintained wholly upon,
connected to, or over the roof or parapet of any building with the
entire support of the roof or roof structure.
Sec~ndary Sign - Is a wall', roof, or ground sign intended for the same
use as a primary sign but smaller in dimensions and lettering.
Sign - A sign is any structure, mechanically or electrically ~riven,
still, or moving device, light, letter, figure, word, model, banner,
pennant, trade flag, or representation that is designed to be seen from
outside the lot on which it is erected. It advertises activities,
goods, places, persons, objects, institutions, organizations,
associations, businesses, or events, products, services or facilities
available either on the property where the sign appears or in some other
locations. The definition includes electric signs in windows or doors,
but does not include window displays or merchandise. A sign may be
permanent or temporary.
Sign Size (Area) The surface area of any sign is the entire area
within a single continuous perimeter enclosing the extreme limits of
lettering, representation, emblems, or other figures, together with any
material or color forming an integral part of the display or used to
differentiate the sign from the background against which it is placed.
Structural members bearing no sign copy shall not be included.
38
19. Wall Sign - Any sign affixed to, suspended from or painted on a wall,
window, marquee, or parapet.
6.4 ~x~m/n/stration and Enforcement
Enforcement: The Building Inspector is hereby designated, as the Sign
Officer and is hereby charged with enforcement of this Bylaw.
The Sign Officer and his duly authorized agents shall, at
reasonable times and upon presentation of credentials, have
the power to enter upon the premises on which any sign is
erected or maintained in order to inspect said sign.
The Sign Officer is 'further authorized, upon notice as herein
provided, to order the repair or removal of any sign which is
in his judgement a prohibited non-accessory sign, or is likely
to become dangerous, unsafe or in disrepair, or which is
erected or maintained contrary to this Bylaw. The Sign
Officer shall serve written notice and order upon the owner of
record of the premises where the sign is located and any
advertiser, tenant, or other persons known to him having
control of or a substantial interest in said sign, directing
the repair or removal of the sign within a time not to exceed
thirty (30) days after giving such notice. If such notice and
order is not obeyed within such period of time, the Sign
Officer and his duly authorized agents shall, at reasonable
times and upon presentation of credentials, have the power to
enter upon the premises on which said sign is erected or
maintained and repair or remove or cause to be repaired or
removed, said sign.
Ail expenses incurred by the Sign Officer and his duly
authorized agents in repairing or removing any sign shall be
assessable against any person who failed to obey said notice
and order. The assessment shall be recoverable in any court
of competent jurisdiction if not paid within thirty (30) days
after written notice is given by the Sign Officer to any such
person.
Permits: No sign shall be erected, enlarged, or structurally altered
without a sign permit issued by the Building Inspector. Permits shall
only be issued for signs in conformance with this Bylaw. Permit
applications shall be accompanied by two (2) prints of scale drawings of
the sign, supporting structure and location. A copy of any relevant
special permit shall also accompany the application. All freestanding
or roof signs shall be registered and identified, as required by the
State Building Code.
Non-confor,~nce of Accessory Signs: Any non-conforming sign legally
erected prior to the adoption of this provision, may be continued and
maintained. Any sign rendered non-conforming through change or
39
termination of activities on the premises shall be removed within thirty
(30) days of order by the Building Inspector. No existing sign shall be
enlarged, reworded, redesigned, or altered in any way unless it conforms
to the provisions contained herein. Any sign which has been destroyed
or damaged to the extent that the cost of repair or restoration will
exceed one-third (1/3) of the replacement value as of the date of
destruction shall not be repaired, rebuilt, restored or altered unless
in conformity of this Bylaw.
4. Street Bm-hers or $i~: Street Banners or signs advertising a public
or charitable entertainment or event requires a Special Permit from the
Board of Selectmen. Such a sign shall be removed within seven {7) days
after the event.
6.5 Prohibitions:
1. No sign shall be lighted except by steady, stationary light, shielded
and directed solely at or internal to the sign.
2. No illumination shall be permitted which casts glare onto any
residential premises or onto any portion of a way so as to create a
traffic hazard.
3. No sign shall be illuminated in any residential district between the
hours of 12:00 midnight and 6:00 AM unless indicating time or
temperature or an establishment open to the public during those hours.
10.
11.
12.
13.
NO sign having red or green lights shall be erected within sight of a
traffic signal unless approved as non-hazardous by the Chief of Police.
No animated, revolving, flashing, or neon sign shall be permitted,
No pennants, streamers, advertising flags, spinners or similar devices
shall be permitted, except as allowed by the Board of Selectmen.
Corner visibility shall not be obstructed.
No sign shall be erected, displayed, or maintained upon any rock, tree,
fence, or utility pole.
No sign shall be erected, displayed, or maintained if it contains any
obscene, indecent, or immoral matter.
Flags and insignia of any Government shall not be displayed in
connection with commercial promotion.
No sign shall obstruct any means of egress from a building.
Projecting signs are prohibited.
Non-accessory signs are prohibited except for directional signs as
allowed in Section 6.6, B.
40
'6.6
1.
Permitted Signs (Fee Required).
Residence(t) District - Accessory Signs - The following signs are
allowed in a residence(t) district, as well as in all other districts.
A. One sign, either attached or freestanding, indicating
only the name of the owner or occupant, street number and
permitted uses or occupations engaged in thereon, not to
exceed two square feet in area. Such sign may include
identification of any accessory professional office, home
occupation, or other accessory uses permitted in a
residence(t) district.
B. One sign oriented to each street on which the premises
has access, either attached or freestanding, pertaining
to an apartment development or a permitted non-
residential principal use of the premises, such sign not
to exceed Zen sqUare feet in area.
C. Temporary signs of not more than twelve (12) sqUare feet
in area, erected for a charitable or religious cause;
requires no sign permit or fee. The sign is to be
removed within thirty (30) days of erection. Sign
Officer shall maintain placement controls.
One temporary unlighted real estate sign advertising the
sale, rental or lease of the premises or subdivision on
which it is erected not to be larger than six square
feet; reqUires no sign permit if the erecting agent has
obtained a one-year permit for erecting such sign. (Such
sign) to be removed 14 days after sale, rental or lease.
E0
One temporary unlighted sign not larger than twenty-five
(25) square fee indicating the name and address of the
parties involved in construction on the premises.
One unlighted contractor's sign, not exceeding twenty-
five (25) square feet in area, maintained on the premises
while construction is in process and containing
information relevant to the project. Such sign shall be
removed promptly after completion of the construction.
One unlighted identification sign at each public entrance
to a subdivision not exceeding twelve (12} square feet in
area; to be removed when the subdivision is completed.
Off-premises Signs: Only signs pertaining exclusively to
the premises on which they are located or to products,
accommodations, services, or activities on the premises
shall be allowed, except that an off-premises directional
sign, designating the route to an establishment not on
the street to which the sign is oriented, may be erected
and maintained within the public right-of-way at any
intersection if authorized by the Board of Selectmen, or
41
on private property, if granted a Special Permit by the
Zoning Board of Appeals. Such sign shall be authorized
only upon the authorizing agency's determination that
such sign will promote the public interest, will not
endanger the public safety and will be of such size,
location, and design as will not be detrimental to the
neighborhood. At locations where directions to more than
one (1) establishment are to be provided, all such
directional information shall be incorporated into a
single structure. All such directional signs shall be
unlighted, and each shall not be over four (4) square
feet in area.
Jo
Temporary Signs: Temporary signs shall be allowed as
provided below, and provided that they comply with the
following:~
Unless otherwise specified in the
Bylaw, temporary signs must comply
with all applicable requirements for
permanent signs, including issuance
of a sign permit.
Identification Signs or entrance markers for a church or
synagogue shall not exceed a combined total of thirty
(30) square feet and provided there shall be no more than
two (2) signs allowed on the premises.
K. Notwithstanding any other provisions of this Bylaw, signs
may be erected for posting land; i.e., no hunting, no
trespassing, etc.
Residence(t) Districts: No~-accessory Sigms ~ Directional signs by
Special Permit from the Board of Selectmen, limited as follows:
A. Two (2) signs for each activity, not exceeding 6" X 30"
in size.
B. Ground signs not exceeding eight (8) feet in height.
B~si~ess and ~nd~strial Districts: B~cessory - Ail signs permitted
in residence(t) districts, as provided in Section 6.6(A) and
6.6(B), except that temporary real estate signs may be as large as
twenty-five (25) square feet.
Each owner, lessee~ or tenant shall be allowed a primary and secondary
sign. Said sign may be used as ground, wall, or roof signs. No lot
shall be allowed to have more than one (l) ground sign structure.
A. One (1) freestanding sign of not more than twenty-five
(25) square feet in area and extending not more than
42
eight (8) feet above ground level. Larger or taller
signs may be allowed by Special Permit of the Zoning
Board of Appeals, if said Board determines that the
particular sign will not be incongruous with the district
in which it is to be located not injurious to traffic and
safety conditions therein.
B0
For premises having multiple occupants, a single sign,
either attached or freestanding identifying those
occupants. The total area of attached signs including
this one, shall not exceed ten percent (10%} of wall
area, and the area of any freestanding sign allowed under
this paragraph shall not exceed twenty-five (25) square
feet.
C0
Temporary .unlighted signs inside windows, occupying not
more than twenty percent (20%) of the area of the window
requires no sign permit.
No sign shall project more than one (1) foot over any
public right-of-way shall be covered by appropriate
liability insurance, as verified by a certificate of
insurance filed with the Town Clerk.
Eo
Service stations or garages may divide the allowed wall
sign area into separate, smaller wall signs indicating
separate operations or departments. A freestanding
identification sign of fifty (50) square feet with price
sign incorporated is allowed.
Building directories (if located outside) may be affixed
to the exterior wall of a building at each public
entrance. Such directory shall not exceed an area
determined on the basis of one (1) square foot for each
establishment occupying the building.
Traffic Control orientational and guidance signs located
on private property, up to four (4) square feet in area,
displayed for purposes of direction or convenience,
including signs identifying parking, fire lanes, rest
rooms, freight entrances and the like.
Shop~{n9 Centers
Signs are permitted in residence(t) districts, except
that temporary real estate signs may be as large as ten
(10) square feet.
Signs attached to a building or its canopy, parallel with
the facade and not projection above the roof-line,
advertising the name of a firm or goods or services
available on the premises, provided that the total area
43
Co
of all signs erected on any wall by an occupant may not
exceed twenty percent (20%) of the portion of the wall
area assigned to that occupant. In no case shall any
occupant's sign total more than two hundred (200) square
feet facing any single street.
For any retailing complex comprising three (3) or more
enterprises on a single lot and fifty thousand (50,000)
square feet of floor area or more, one (1) freestanding
sign for each street on which the development fronts,
containing the name or other identification of the area
occupied by the complex. Each sign shall be no larger
than one hundred (100) square feet. Such sign shall not
be located within ten (10) feet of any property line or
the line of any way, and no part of the sign shall be
more than twenty (20) feet above the ground level.
5. Office Parks
Signs, as permitted in residence(t) districts, except
that temporary real estate signs may be as large as ten
(10) square feet.
B. One (1) sign for each street upon which the premises has
frontage, identifying a subdivision of lots for office
development. This sign shall be no greater than eight
(8) feet in height and no larger than twenty (20) square
feet in area except where the property fronts on a high-
speed, limited access highway, in which case a special
exception may be granted for a larger sign, if required
for legibility.
C. Signs for individual' properties or tenants shall be
limited to a single sign no larger than three (3) square
feet per tenant. Individual tenants must have a Letter
of Permission from property owner. The Zoning Board of
Appeals may grant a Special Permit for an exception for a
larger area where this will not impair legibility of
other signs or be incongruous with the surroundings,
based upon consideration of the number of occupants and
signs per building, size of building and integration of
sign and building design.
Industrial Districts
A. Signs as permitted in residence(t) districts, except that
temporary real estate signs may be as large as twenty-
five (25) square feet.
B. Signs attached flat against the wall or canopy of a
building, or projecting not more than six (6) feet above
such wall, advertising the name of the firm or goods or
services available or produced on the premises; provided
that the total area of all such signs does not exceed
44
twenty percent (20%) of the area of the side of the
building to which they are attached or two hundred (200)
square feet, whichever is less.
One (1) freestanding sign, containing the name or other
identification of the use on the property, for each
street which the property fronts, each sign is limited to
an area of one hundred (100) square feet° Such Sign
shall not be located closer than forty (40) feet to any
property line or twenty (20) feet above ground level.
Gtlidelines - The following are further means by which the objectives for
signs can be served. These guidelines are not mandatory, but degree of
compliance with them shall be considered by the Special Permit Granting
Authority in acting upon .special permits authorized under this section,
as shall consistency with the basic sign objectives cited above.
Efficient Co..-...mication
Signs should not display brand names, symbols or slogans of nationally
distributed products except in cases where the majority of the floor or
lot on the premises is devoted to manufacturing, selling, or other
processing of that specific product.
Premises chiefly identified by a product brand name (such as a gasoline
or auto brand) should devote some part of their permitted sign area to
also displaying the identity of the local outlet.
Signs should not contain selling slogans or other advertising which is
not an integral part of the name or other identification of the
enterprises.
Sign content normally should not occupy more than forty percent (40%) of
the sign background, whether a signboard or a building element.
Signs should be simple, neat and avoid distracting elements,
contents can be quickly and easily read.
Rnvironmental Relationship
so that
Sign design should take into consideration the scale of t~e street to
which the sign is oriented and the size, brightness, style, height and
colors of other signs in the vicinity.
Sign brightness should not be excessive in relation to background
lighting levels, e.g., averaging not in excess of one hundred (100)
footlamberts in the downtown or similarly bright areas and not in excess
of twenty (20) foot'lamberts in unlighted outlying areas.
Build{--g Relationship
1. Signs should be sized and located so as to not interrupt, obscure,
hide the continuity of columns, cornices, roof eaves, sill lines
45
or
or
other elements of building structure and where possible, should reflect
and emphasize building structural form.
Sign material, colors and lettering should be reflective of the
character of the building to which the sign relates; just as sign size
should be related to building size.
Clutter should be avoided by not using support brackets extending above
the sign or guy wires and turn buckles.
I~ln6~caping, Buffering, Lighting
In Shopping Centers and Office Parks, landscaping shall be provided and
maintained in accordance with plantings approved by the Planning Board
and incorporated, as part of the plans on which the Special Permit of
the Zoning Board of Appeals is based.
In all industrial districts, landscaping shall be provided and
maintained in front yards and in side yards abutting public ways for
aesthetic reasons to break up lines of buildings and for screening
accessory facilities under the requirements discussed below.
Specifically, in all Industrial and Business Districts, landscape
screening shall be provided adjacent to:
A. Abutting existing residential properties; and
Abutting limited access highways in addition to the4
landscaping in front and side yards mentioned above.
Landscape screening shall consist of plantings including evergreens; and
those plantings to be of such height and depth, as is needed, to screen from
view from abutting area any .unshielded light source, either inside or
outside.
Board of Selectmen
V~r~u~ to adopt the Sign Bylaw as printed in the Warrant with the following
amendments:
~ Section 6.1 - AUTHORIZATION AND INTERPRETATION to read as follows: This
bylaw is adopted, as a General Bylaw, pursuant to Chapter 93, Section 29-
33, inclusive, as amended and a Zoning Bylaw pursuant to Chapter %0A, as
amended of the General Laws of the Commonwealth of Massachusetts. This bylaw
is hereby declared to be remedial and protective, and is to be so construed
and interpreted as to secure the beneficial interests and purposes defined in
Section 6.2 of this bylaw.
Further to ~ Section 6.5, Item 5, as printed in the warrant to read, as
follows:
"No animated, revolving, flashing, or exterior neon sign shall be
permitted.
46
Further to AMEND Section 6.6, Item 4, SHOPPING CENTERS by adding thereto
Paragraph D, as follows:
Temporary, unlighted signs, inside windows, occupying not more than
fifty percent (50%) of the area of the window requires no sign
permit.
Further, to AMEND Section 6.6, Paragraph 1, Letter I, TEMPORARY SIGNS, by
adding to that Section, Paragraph 2, as follows:
Temporary signs not meeting requirement for permanent sig-ns may
advertise sales, special events, or changes in the nature of an
operation, but shall not otherwise be used to advertise a
continuing or regularly iecurring business operation and shall be
removed promptly when the information they display is out of date
or no longer relevant.
Further, to ~ Section 6.6, Paragraph 1, Letter G to read, as follows:
One (1) unlighted Identification Sign at each public entrance to a
subdivision not exceeding twelve (12) square feet in area, to be
removed, when the subdivision roadway is accepted by the Town.
Further, to AMEND Section 6.6, PERMITTED SIGNS.
1. By deletin9 all references to "resident" districts, as indicated in
the printed article by the letter (t) following "Residence".
Further, to ~ Section 6.5,
"or immoral" to read as follow:
No sign shall be erected,
Prohibitions, Item 9, by striking the words
displayed, or maintained if it contains any
obscene or indecent matter.
Further, to AMEND Section 6.6, Permitted Signs, Item 4.B., by striking the
word "projection" and replacing it with the word "projecting".
And further, that appropriate renumberlng and retitling of the Sign Bylaw be
consistent with the amendments to this article, as determined by-the Board of
Selectmen.
Yes 167, No 4.
Town Clerk
47
e
Letter Signs
a.
Primary Signs
1.
Wall or roof sign: 1/2 inch of letter height
allowed per foot of building frontage with a
maximum of seven (7) feet. Eighteen (18) inch
allowed if the building frontage is less than
thirty-six (36) feet.
Ground sign: Eighteen (1Si inch maximum letter
height allowed.
'b. Secondary Signs
Eight (8) inch maximum letter height allowed
c. Logos
Twice letter height allowed but limited to seven
foot maximum height.
Sign Size
(7)
Primary wall and roof signs attached to or part of the
architectural design of a building shall not exceed, in
total area, more than ten percent (10%) of the area of
the two dimensional elevation of the building as
determined by the building frontage multiplied by the
height.
b. A primary ground sign shall be limited to one (1)
square foot for each five (5) linear feet of street
frontage of the lot on which the sign is located. All
street frontages may be used in determining sign size.
c. A secondary sign shall be limited to one-half (1/2) the
area permitted for a primary sign.
d. .Only one side of a double-faced sign shall be included
in calculating surface ~rea; providing that the tw
display surfaces are 4olne~
45 de tees .~ ~ ~ ~ ~ng~e no grea~er than
from g · All sides of multi-faced signs, visible
any one point, shall be included in the
calculation of surface area.
Sign Height and Location
Corner Lots - the owner of the premises shall he
allowed to choose the street orientation of allowed
signs.
6.8
Boston, Massachusetts
The foregoing amendment to the zoning by-laws adopted under
Article 22 of the warrant for the North Andover Annual Town
Meeting that commenced on May 2, 1994, is disapproved.
September 16, 1994
SCO'I-I' HARSHBARGER
ATTORNEY GENERAL
(617) 7Z'/-2200
September 16, 1994
Daniel Long
Town Clerk
Town Hall
120 Main St.
North Andover, MA 01845
Dear Mr. Long,
I enclose the amendments to the general by-laws adopted
under articles 18 and 30, and the amendments to the zoning
by-laws adopted under articles 28, 36, 37, 38, 39 and 40 of the
warrant for the North AndoverAnnual Town Meeting that convened
on May 2, 1994, with the approval of this Office endorsed
thereon and on the zoning map pertaining to article 28.
Sincer ly,
~onathan A. Abbott
-Assistant Attorney General
617 727-2200, ext. 2096
Boston, Massachusetts
The foregoing amendments to the general by-laws adopted under
Article 18 and 30 of the warrant for the North Andover Annual
Town Meeting that commenced on May 2, 1994, are approved.
September 16, 1994
~nathan A. Abbott
Assistant Attorney General
Boston, Massachusetts
The foregoing amendments to the zoning by-laws adopted under
Article 28, 36, 37, 38, 39, and 40 of the warrant for the North
Andover Annual Town Meeting that commenced on May 2, 1994, are
approved.
Assistant Attorney General
September 16, 1994
Boston, Mmssachusetts
The within zonin9 map pertainin9 to article 28 of the warrant
for the North Andover Annual Town Meetin9 that convened on May
2, 1994, is approved.
September 16, 1994
SCOTT HARSHBARGER
ATTORNEY GENERAL
~onathan A. AbbO~tt~~
Assistant Attorney General
ARTI~ 30. TOWN B~FLAW - T.~FPJ~.~ATION. To see if the Town will vote
to amend the Town Bylaw to insert the following ordinance:
Chapter 161, Paragraph 161-5 Leaf Regulation; Penalties. No leaves
shall be raked, swept, or deposited into piles curbside or on any
property other than the owner's without permission. Any violations
of this ordinance will be punishable by a fine of $200.
Board of Selectmen
VO~'~u unanimously to adopt this article with the following amendment: after
the amount "$200" add "or any amount set by the Board of Selectmen".
A ~nte Cop~
56
ARTICLE 28. ZO]~I~A~ENI~]T - PORTION OF OS~OOD ST~KwI'. To see if the
Town will vote to rezone a parcel of land located at 980 Osgood Street (Deed
Book 1477, Page 265) from Industrial 2 Zone to Business 2 Zone.
Anto~ia ~-~o and Ot~ers
unanimously to adopt this article.
54
ARTICr.R 36. ~ BYLAW~ - Sl'~'~ i~LANHEVIEN - SECT/ON 8.34.
To see if the Town will vote to amend the Zoning Bylaw, Section 8.34,
Information Required (Site Plan Review) Table 1 and Table 2, as stated below:
Table 1 - Information Required For Site Plan Review: Renumber 9 through 19
to 10 through 20. Add a new number 9, as follows:
Type of Development Proposed
Major Intermediate Minor
x x x
Type of Info Required
9. Building Elevation
Table 2 - Type of Information Required - Explanation: Renumber 9 through 19
to 10 through 20. Add a new number 9, as follows:
9. BUILDING ELEVATION
A drawing of the exterior of the building, as viewed from the front of the
building must be submitted. The Planning Board may request aide and rear
views if relevant to the Board's review. This drawing must be at least
8" xll" in size and no larger than 11" x 17"."
Pl~nn~n~Board
~LAN~TION: This article adds the requirement that an elevation
(i.e. view) of the proposed building or changes to an existing
building be provided to the Planning Board as part of the Site Plan
Review Application. The Planning Board currently requests that an
elevation be submitted, however an elevation is not listed in the
table of information to be provided. This article simply clarifies
the information to be submitted.
unanimously to adopt this article, as printed in the warrant.
ATTEST:.
62
ARTICLE 37. Z(]NING BI'~AW ;~ - ~FIN~TI(~]S - SECTION 2.65-
SPECIAL PEP34IT 6~HAI~TIN(~ Au'i'HORIT~. To see if the Town will vote to amend
Section 2.65 of the Zoning Bylaw by adding the following underlined language
to Section 2.65:
"The Planning Board shall be the Granting authority of all Special
Permits to Cluster Development, Planned Development District,
(1985/15) driveways, nursing and convalescent homes, Watershed
Protection District, and large estate condominium conversions.
EXPLANATION: This article adds "Watershed Protection District" to
the list of Special Permits issued by the Planning Board. The
Planning Board is currently the Special Permit Granting Authority
for the Watershed. Protection District. This article is a
"housekeeping" article.
unanimously to adopt this article as printed in the warrant.
ATEE~T:. ·
ATme
63
ARTICI~E 38. i~ Z(~ B~ - ~ C~f~/, 'HK~(~ ~%/'~K~J
PP-O~CTION DIS]~ICT - SECTION 4.136{7). TO see if the Town will vote to
amend the Zoning Bylaw, Section 4.136(7) by deleting the second paragraph of
4.136 (7) (c); deleting the following language from subsection (d): "The
following information will also be required by the applicant, as part of any
Special Permit Application."; renumbering subsections 1, 2, and 3 to 5, 6,
and 7; and by adding the following language to subsection (d):
"An application for a Special Permit under this section shall include the
following information:
1. Application Form for a special permit from the Planning Board;
2. Map on a scale of one (1) inch equals forty (40} feet prepared by a
Registered Professional Surveyor or Engineer showing:
a. the high water mark of Lake Cochichewick (if high water
mark is within' three hundred twenty five (325) feet of
any proposed activity),
b. the edge of all wetlands, as confirmed by the Conservation
Commission (if edge of wetlands is within three hundred
twenty-five (325) feet of any proposed activity),
c. the non-disturbance zone,
d. the non-discharge zone,
e. the edge of vegetation clearing (edge of work),
Written certification by a Registered Professional Engineer, or other
scientist educated in and possessing extensive experience in the science
of hydrology and hydrogeology, stating that there will not be any
significant degradation of the quality or quantity of water in or
entering Lake Cochichewick.
Proof that there is no reasonable alternative location outside the Non-
Disturbance and/or Non-Discharge Buffer Zones, whichever is applicable,
for any discharge, structure, or activity, associated with the proposed
use to occur.
EXPI~%NATION: This article clarifies the submittal requirements for
a Watershed Protection District Special Permit. The Planning Board
currently requires that a map be submitted as part of the
application, however, this is not clear from the existing text of
the Bylaw.
Vfkr~3 unanimously to adopt this article as printed in the warrant.
64
AHTI~.R 39. AMEND Z(~]IN~ BYLA~ DIMENSI(~%L ~S-
SECTI(]N 7.2.1. To see if the Town will vote to amend Section 7, DIMENSIONAL
REQUIREMENTS, of the Zoning Bylaw, by adding a new Section 7.2.1 ACCESS.
Access to each lot, except for corner lots, must be provided over the legal
frontage tmless a Special Permit has been granted by the Planning Board;
provided that the existence of access to a lot other than over the legal
frontage, as of the date of adoption of this Section 7.2.1 shall not render
non-conforming the use or structure existing on the lot.
Pl~--~-gBoard
Boar~of Selectmen Heco~_ndation: Favorable Action.
Plm--~-g Board Recordation: Favorable Action.
]~F~PLANATION: This article adds the requirement that all lots,
except corner lots, be ac6essed over the legal frontage of the lot.
Exceptions to t. his requirement can be requested from the Planning
Board through the Special Permit process.
PLANNIN~BOARDMOTI~
V~l-~o to adopt this article as printed in the warrant. Yes 136, No 4.
65
A~TICLE 40. A~4E~) ~ BIU~AW - SECTI(~ S.5 PI~%~ P. ES~
DEV~LOI~T. To see if the Town will vote to amend Section 8.5 PLANNED
RESIDENTIAL DEVELOPMENT, of the Zoning Bylaw with the following:
Add the following underlined language to Section 1 (c): "To
protect waterbodies and supplies, wetlands, floodplains, hillsides,
agricultural lands, wildlife, and other natural resources."
Delete the following language from Section 4: "The applicant is encouraged
to submit a preliminary plan" and insert the following language:
"The applicant must submit a Preliminary Plan per Section 6(G)"
Delete the language in Section 6(G) and insert the following language:
"G. Calculation of AlloWable Reside~tialD~--ity
Except as noted in ~ubsection H below, the maximum number of buildable lots
in a PRD will be equal to the number of buildable lots which would result
from an approved conventional subdivision plan. In order to determine the
residential density of a PRD, the applicant must submit to the Planning Board
a Plan which:
1. meets the criteria of a Preliminary Subdivision Plan as defined in
Section 3(B) of the "Rules and Regulations Governing the Subdivision of
Land, North Andover, Massachusetts" in effect at the time of Plan
submittal,
2. is fully compliant with the "Zoning Bylaw" in effect at the time of Plan
submittal, and
3. requires no zoning variances.
The Planning Board will use this Plan to determine the maximum number of
buildable lots."
EX~LA~ATION: This article clarifies the process for determining
the density of a Planned Residential Development. A Planned
Residential Development has the same density as a conventional
subdivision.
V~r~u unanimously to adopt this article as printed in the warrant.
66
Tc~wn
SCO'l'l' HARSHBARGER
AI'[ORNEY GEHERAL
(617) 727.2200
September 16, 1994
Daniel Lon9
Town Clerk
Town Hall
120 Main St.
North Andover, MA 01845
Dear Mr. Long,
I regret that I must enclose the amendment to the zoning
by-laws adopted under article 22 of the warrant for the North
Andover Annual Town Meeting that convened on May 2, 1994; with
the disapproval of this Office endorsed thereon.
As written, the by-law states that all signs require
permits, except temporary signs that are otherwise provided
for. See §~ 6.4(2)% 6.6(I) (I) (1). While there is an exception
for temporary signs "for a charitable or religious cause,"
there is no exception for temporary political signs. Just this
year in City of Ladue v. Gilleo, 512 U.S. , 114 S.Ct. 2038
(1994), the United States Supreme Court held that a city's
prohibition on residential political signs "violates the First
Amendment." Requiring a permit and a fee for political signs
is "unnecessarily burdensome" on the exercise of free speech, a
right ~uaranteed by the First Amendment. Baldwin v. Redwood
City, 540 F.2d 1360 (9th Cir. 1976). Accordingly, these
provisions of the by-law are unconstitutional.
Further, the by-law attempts to prohibit certain types of
signs: § 6.5(9) "No sign shall be erected, displayed, or
maintained if it contains any obscene or indecent matter."
Obscenity is not protected by the First Amendment's free speech
clause. F~iller v. California, 413 U.S. 15, 23 (1973). Thus, a
by-law banning obscene signs would be constitutionally valid.
However, to be valid, the by-law must define "obscene" in order
to withstand a constitutional challenge for vagueness or over-
breath. There is no definition of "obscene" in the by-law.
Nor is there a definition of "indecent," assuming that indecent
signs are not constitutionally protected.
Daniel Long
Town Clerk
Town Hall
Page Two
September 16~ 1994
Accordingly, article 22 is disapproved.
~onathan A. Abbott
Assistant Attorney General
617 727-2200, ext. 2096
JAA/ljy
Enclosures
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REFER TO DESIGNATED TOWN BOARDS FOR APPROPRIATE
EM FLOOD PLAIN DIST
R! T DOCUMENTS REGARDING THIS DISTRICT
VR VILLAGE RESIDENTIAL DISTRICT
VC VILLAGE COMMERCIAL DISTRICT
HISTORIC DISTRICT
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