HomeMy WebLinkAbout1979 REPRINT ZONING Town of
North Andover, Massachusetts
1972
Reprinted January, 1979
PLANNING BOARD
WILLIAM N. SALEMME, Chairman
JOHN J. MONTEIRO, Vice-Chairman
JOYCE A. DITORE, Clerk
WILLIAM CHEPULIS
MICHAEL P. ROBERTS
To~-n Oler~
T~E
Tram of
ae~r~nted Janua~, 1979
Section 1
Section 2
Section 3
3.1
3.2
3.3
Sect ~_on 4
4.1
Section
Section
Section
4.2
4.3
Table 1
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
6.1
6.2
6.5
6.4
6.5
6.6
6.7
6.8
?
7.1
7.2
NORTH A/~DOVER ZONIN~ BY-LAW
PURPOSES
D~INITIONS
ZONING DISTRICTS AND B6~h'DARIES
Establishment of Districts
Zoning Map
District. Boundaries
~J1/,Di~GS A.~D U~ES PERMI~'ED
District Use Regulations
Accessory Uses
Access to Buildings
~ummary of Use Regulations
EARTH i~tTEHIALS REMOVAL
~eneral
Definitions
Application for Earth Removal Permit
Permits for Earth Removal
Earth Removal Incidental to Development
and Construction
Miscellaneous Removal of F~h Incidental to
Improvements
Operation Standards
Restoration Standards
Security Requirement
SIGNS AND ~3TDOOR LIGRTINO RE2%FLA~IONS
Authority and Interpretation
Ptll"p oses
Definitions
Administration and Enforcement
All owed Signs
Sign Regulations
Prohibitions
~everability
DI~N~IONAL REq~S
Lot Areas
Street Frontage
1
2
24
25
34
41
7.~
7.4
7.5
7.6
7.7
7.8
·ahle 2
· uilding Heights
Lot Coverage
Floor Area Ratio
I~elling Uni% Density
Exoeptions
Summary off Dimensional Requirements
Section 8 ~J'I~PI.~I]~IT~E! REQULATI(~S /45
8.1 Off-Street Parking
8.2 AutoaoBile Service Statien and Other
Aut cao%ive Services
~ectien 9 N~-C~FORM~NO USES
9.1 Continuance
9.2 Alteration or Extension
9.3 Rebuilding After Catastrophe
9.4 Abandenment
Section 10 ADM'ZNIb-'TRATZI~' 49
10.1 Enforcement
10.2 Board of Appeals
10.3 Special Permit
~0.4 Variance aad Appeals
10.5 Amendments to Zoning B~r-Law
10.6 Conflict of La~s
lo.7 ValidAty
10.8 Repetitive Petitions
10.9 Withdrawal without Prejudice
ZONIN~ ~AP
Teen of North Andover Zoning By-Law adopted at the Special Town l~eeting of June
1~72 (Articles 11A and 11B). Approved by the Attorney ~eneral on August 2, 1~72,
posted August 4, 1~72.
Thereafter amended:
1974 1974 A~nual Towa Meeting (Articles 13, 14, 15, 16, 17, 18, ~9, 20, 21,
and 22) (Approved by Attorney General 5-21-74; posted 5-28-74)
1975
1975Anntml Town Meeting (Articles 29,30, 48, and 49) (Approved byAttorney
~eneral ?-?-?5; posted 7-10-75)
Zoning Map mended to include I-3 District, description of which ~m on file
with %he Town Clerk.
!976 1976Annual Town Meeti~ (Articles 35, 36, and 86) (Approved byAttorney
General 8-3-?6; posted
Special To~n Meeting Nov. 23, 4976 (Article 9) (Approved by Attorney General
12-16-76; posted 12-21-76)
1978 1978 Ann-~ Towa Meetiag (Article8 68 and ?O) (Approved by Attoraey
Genera Aua st 30, 1978)
Special Town Meeting, June 26, 1978 (Articles 4 and 6) (Approved in
accordance with ~. G. L. ch. ~0, 8. 32; posted 10-30-78)
Sectic~ 1 FJRPOSES
~he purpose cf this ~y-~ is ~e prcme~ic~ of ~e heal~, safe~y, c~iem~,
morals ~d ~lf~e off ~he ~it~s of the t~ of No~h ~dover, as pr~ided
by O~pter ~A of the ~ne~l ~ of ~he C~we~th of ~chuset~s,
~ended ~ C~pter ~8, Acts of ~, ~d as they ~ ~ ~her ~ended,
re~la~i~ ~d ~strict~g the use of l~d ~d ~ildin~, the~:
~. en~~ the most app~priate use of l~d,
2. p~ent~ ove~r~ of l~d,
3. c~se~i~ She ~lue of l~d ~d ~ildi~
~. lessen~ co~ion of t~ffic,
~. preventi~ ~due c~centrati~ of po~lati~,
6. pro~di~ ade~a~e light ~d air,
7. reduc~g ~he ~z~s ~ fire ~d ~her d~r,
8. assisting in ~he ec~ic~ pro~si~ of tr~spo~ati~, ~ter,
schools, p~ks ~d o~her public f~ilities,
9. controlli~ the use of b~es of ~ter, including
~0. reducing ~he p~bability of losses ~lting ~om ~o~s, ~d
~ ~. prese~ ~d inc~asing the ~i~ies of the t~.
Sec'l;ion 2 ,DEFINITIONS
For the purpose of this By-Law, certain words or phrases herein shall be interpreted
as follows, except where the contert clearly indicates the contrary: words used in
the singular include the plural, words used in the present tense include the future
tense, the word '~erson" includes a corporation as well as an individual, the word
"lot'* includes the word '~1o%" or "parcel", the word "shall" is always mandatory,
and the word '5~sed" 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 SPE~, IFIC WORDS AND PHRASES
For the purposes of thio By-Law, the following words and terms used herein shall
have the meanings or limitationo cf meaning hereby defined, explained or assigned.
2.21,
2.22
2.23
2.24
2.2.5
2.26
2.27
AccessorFUse 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 of the
principal building.
Automobile Repair Shop
A building or part of a building in whi. ch major repairs are made to motor
vehicles, in which heavy machinery is used.
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.
Bod~ Shop
A building, or part thereof, used for structural repairs and refinishing of
motor vehicles for remuneration.
Board of Appeals
The Board of Appeals of the Town of North Andover as governed bythe General
Laws of Massachusetts.
Buildin~
A structure having a roof supported by columns or walls for the shelter,
support, or enclosure of persons, animals or property.
BuildinK Height
The vertical distance measured from the mean level of the proposed finished
grade at the front of the building to the highest point of the roof, but not
including chimneys and spires.
-2-
(~eotic~ 2 continued)
2,28
,2.2~
2.~0
.,2,. Sl
~uild.i~, Principal
A buildin~ in which is conducted the m~in or principal use of the lot on
which s~id buildins is situ~tedo
Car ~ash
An area of Iand and/or a structure~ith machine or hand operated facilities
used principally for the cle~n/n~, ~ashing, polishing or.axing of motor
vehicles.
District
A d/strict or a zone shall be any po~'tion o£ the territory of the ~o~n of
North Andover w/th/n which certain uniform regulations and requirements or
various combinations thereof shall t~ applied under the provisions of this
D~ellin~
Any bu/lding or portion thereof designed or used as the residence or sleep-
ing place of one or more persons, except a mobil home and as otherwise provided
herein.
Dwelling, Multi-famil~
A building used or designed as a residence for three or more families livin~
independently of each other a~d doing their own cooking therein (same as
"apartment").
Dwellin~ One-fam~.'~¥
A dwelling built singly and apart from any other building and intended and
designed to be occupied and used exclusively for residential purposes by
one family.
Dwellin~ ~wo-f_amil[
A free standing building intended and designed to be occupied and used exclu-
sively for residential purposes by each of not more than two families (same
as "duplex").
D~e. ll.in~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.
Erected
'[~e word "erected" shall include the words '~uil%", "ccastructed", "recon-
structed", "altered", "enlarged", and "moved".
Fam~l,y
One or more persons occupying the same premises and living as a single house-
keeping unit as distinguished fr~n a group occupying a boarding house, lodging
house, club, fraternity or hotel.
(Seotic~ 2 c~ntinued)
2.39
2.41
2_.42
2.44
2.42
e.47
2.48
2.4
· he distance Be%ween lot sidelines measured along the street line.
~uest House
A dwelling in which overnight accoe~tions are provided or offered for
transient guests for compensation. ~he term "guest houee" shall Be deemed
to include tourist ho~e, but not hotel, motel or multi-family dwelling.
Home Occupation
An accessory use conducted in a dwelli~g by the residents thereof which is
clearly secondary to the use of the building for living purposes.
Hotel or Motel
A ]~uilding designed for occupancy as the temporar~ 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.
Loading Bay
An opening in a building not less ~han ten feet in width and nine feet in
height including a platform for loading and unloading goods, merchandise or
o~her ~aterials.
Lot
An area of land in one ownership with definite boundaries ascertainable by
recorded deed or plan.
LotI Corner
A lot abutting upon two (2) or more streets at their intersection.
Lot Lines
The property lines bounding the lot,
LSt Line ~ Front
The line separating the lot from a street.
Lot Line~ Rear
The lot line opposite and most distant from the front lot line.
Lot LineI Side
A~y lot line other than a front or rear lot line.
Lot Linet ~reet
A lot line separating the lot from a street or alley (usually the front lot
line ).
Mean ~i~h Water M~k
(Lake Cochtchewick) an elevation of 112.41 on the United States Coast and
~eodetic Survey datum.
(~eotiou 2 =outinued)
2o51
2.-52
2,53
2.55
2.,56
2.57
2.60
2.61
2~62
Nedioal Center
A building or group of buildings designed flor the individual or group
practice of medicine or dentistry, but not including hospitals or nursing
No Cut Zc~e
An area where no trees, shrubs, or bushes shall be cut.
.Nonconfo?min~ Use
A building, structure or use legally existing and/or used at the time of
adoptiou of this l~-Law, or any amendment thereto, and which does not cou-
form with the use regulatious of the district in which located.
Office~ Business
A primary use consisting of office activities of any type including business
and financial office activities (including banks and finsacial institutions)
and professional office astivities.
Office, .Professional
A primary use consisting of office activities by a doctor, dentist, archi-
tect, lawyer, engineer or other professionalpereon or persons.
Parkin~ Area, ,Private
An open area for the same uses as a private parking garage.
Parking garage, Private
A structure used for the parking of automobiles and available to employees,
clients or customers ~hsther for a fee or free.
Parking ~rage. Public
Any parking garage, other than a private parking garage, which is open to
the public and used for the storage of motor vehicles.
Personal Service Establishment
An establishment providi~g peraoual services to the public such as shoe
repair, barbering, dry cleaning, etc.
Place o,,f. l~orship
A church, temple, synagogue, mosque, or other similar place of vorship,
including parish house, rectory or convent.
P!~nnin~oard
The Plannin~Bo~dof the To~n of Northindoveras ~overnedbytheO~neral
Laws of Massachusetts.
Public Buildin~ or Use
A building or use o~ned or operated by a local, county, state or federal
(Section 2 continued)
2.63
2.64
2.65
2.66
2.67
2..68
2.10
Roomin6 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 or that are occupied for sleeping purposes for compensation,
whether the compensation be paid directly or indirectly.
~ecial Permit
The words Special Permit where used in this By-Law shall mean a permit
granted under the guidelines of Section 9 of Chapter ~OA of the General
],ams o
S~ecial Permit Grantin~ Authorit,y
The Planning Board shall be the granting authority of ail special permits
to Cluster Development, Planned Development District and the Watershed
District. 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 ~y-Law. The Board of Appeals shall be the granting authority
of all other special permits allowed in this Zoning By-Law.
$~ecial Permit Use
A use of a building or lot or an action upon premises which may be permitted
under this By-Law 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.
~treet
A public way, or a private way open to travel by the general public, or a
way shoma on a plan of a subdivision theretofore duly approved by the
Planning Board.
Structure
Means a combination of materials to form a construction that is safe and
stable; including, among others, buildinws, 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".
~own 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 the By-Law.
Tributary.
Any portion of any brook, stream, bog, swamp or pond which flows into Lake
Cochichewick.
~continued)
2,71
2.72
2.7;3
2.74
An open space which lies between %he principal building or group of Buildings
amd a lot line.
An open space extending across the entire width of a lot between any building
thereon and the street lot line of the lot en which such Building stands.
Yard, Rear (Set~ack)
An open space extending across the entire width of a lot between the rear of
any building thereon and the rear lot line of the lot on whichsuchbuilding
stands.
Side
An open space Between the side line of a lot and the adjacent side of any
Building thereon, such open space Beingunderetood to cover the entire extent
between the front yard and the rear yard en such a lot.
~ection ) ~,ONI~G DIBTRICTS ~ B~b'I~DA~IES
~. ~ ES? ,~LIB~ OF DIBT~IC?S
~he town of North Andover is hereby divided into zoning districts designated as
fol 1 owe:
Residence 1 District
Residence 2 District
Residence 3 District
Residence 4 District
Residence 5 District
Business 1 District
Business 2 District
Business 3 Distric%
Business 4 District
General Business District
Industrial 1 District
Industrial 2 District
Industrial 3 District
Industrial "S" District
Flood Hazard District
3.2 ZONING ,MAP
~he zoning districts ex~ablished by this By-Law are bounded as shown on a map
entitled "Zoning Map of the Town of North Andover, 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 By-Law. Any land area not desig-
nated upon said map as being~ithin another zoning district shall be within the
"Residence 2 District".
The Flood Hazard District is defined as all areas so designated on maps entitled
'~IA Flood Hazard Boundary Maps" H01-08 dated June 28, 1974 on file with the
Town Clerk, incorporated by reference herein.
3.3 DISTRICT B0bg~DARIES
Where uneertainty 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 By-Law adopted by the Town in 1956, and as thereafter amended, insofar
as any of them may be pertinent thereto.
Section ~ ~JILDINOS AND USES
DISTRICT USE REGULATIONS
~eneral Provisions
(1) In the zoning districts above speciffied, the ffollowing designated
buildings and alterations and extensions thereoff and buildings
accessory thereto and the following designated uses off land, buildings,
or parts thereoff and uses accessory thereto are permitted. Ail other
buildings and uses are hereby expressly prohibited.
(2) ~hen 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 By-Law 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 lc~ were situated ~lxerein.
(3)
~'~en a zoning district boundary divides a lo~ of record o~ June 5,
~972 in one o~nership, all the zoning regulations set forth in this
Zoning By-Law 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 (~00) linear feet in depth (at a right angle to such
boundary) into the lesser part by area of such lot so divided.
4.12 permitted Uses
4.121 Residence 1 District,
Residence 2 District and
Residence 3 District
(1) One family dwelling but not to exceed one dwelling on any one lot.
(2) Place of worship.
(3) Rooming h~use, renting rooms for dwelling purposes or furnishi~ ~able
board to not more than four 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 no~ to exceed
six (6) inches by twenty-four (24) inches in size, and further provided
that nc dwelling shall be erec2ed or &12ered primarily for such use.
(~) Home occup~ions provided there be no displa~ and no exterior advertis-
ing except an announcement sign not to exceed six (6) inches by twenty
-four (24) inches and provided that in any dwelling, such hc~e
occupations shall Be carried on by not more than three persons one of
whom shall be the owner of the home occupation and residing in such
dwelling.
(5) Real estate signs not to ex~eed twenty-four (24) inches by thirty-six
(~6) inches in size ~hich shall advertise only the rental, lease or
sale of the premises uponwhioh they are placed.
(6) a) Farmiv~ of field crops and row crops, truck gardens, orchards,
plant nurseries, and green houses.
b)
Ca ax~ 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 ouch lot, and
for each additional acre of lot size to nine (9) acres the keeping of
one additional animal or bird; but not the keeping of any animals,
birds, or pets of persons not resident on such lot.
c)
Oa any lot of at least ten (10) acres, the keeping of any number of
animals or birds regardless of mmership and the operation of equest-
rian riding academies, stables, stud farms, and poultry batteries.
d) The sale of products raised as a result of the abuve uses on the
subject land.
(7)
~imming pools in excess of two feet depth shall be considered a
structure and permitted provided such pools are enclosed by a suitable
wall or fence at least four (4) feet in height to be determined by
the Bttilding Inspector to prevent the entrance of persons other than
those residing at the pool location and further provided that such
pools are located to the rear of the front building line of the house
and no closer to a side or rear lot line than ten (10) feet.
{8) seume.
(9) Educational facilities.
(10) Public building and public service corporations (Special Permit
required), but not including public works garages.
(11) aolf course.
(12) ~wimming and/or tennis clubs shall be permitted with a Special Permit.
(13) Cemetery.
(14) Nursing and Convalescent home - see dimensional requirements of T~ble 2
(Special Purmi~ required).
(14a) Municipal recreational areas. (1974)
Any accessory use customarily inciden~ to any of the above permitted
uses, provided that such accessory use shall Be no~ injurious, noxious,
or offensive to the neighborhood.
4.122 Residence 4 District
(1) One-family dwelling.
(2) Place of worship.
(3) ~ent~ rooms for dwellin~ purposes or furnishing table board to not
more th~ flour'persons not members of ~he family reeiden~ in a dwellin6
so usedr provided there Be no displa~ or advertisin6 on such dwellin~
or its lot other t~-_ a name plate or ei~n not to exceed six (6) inches
l~j twenty-flour (24) inches in size, and further provided tlmt no dwel-
lin6 eh~ll be erected or 'altered primarily flor such use,
F~ne occupations provided there be no display and no exterior
ing except an announcement sign not to exceed six (6) inches By twenty
-four (24) inches and provided that in a~y dwelling, such home
occupations eh~ll Be carried on by not more t~ three persons one
whom shall be the owner of the home occupation and residing in such
dwelling.
(~) ~e~l estate signs not tc exceed twenty-four (24) inches By thtrty-~ix
(36) inches in size which shall advertise only the rental, leans or
sa/e of the premises upon which they are placed.
(6) a) Fal~n/ng of field crops and row crops, tmlch gs~dens, orchards,
plan~ nurseries, and green houses.
~) On any lot of at least three (3) acres, the keepip~ of a total of
not more than three (3) of any kind or assortment of ani~ls or
birds in addition to the household pets o~ a family living on such
lot, and for each addition&/ acre of lot size ~o nine (9) acres
%he keeping of one additional aninu~l or bird; But no~ the keeping
of m~y animals, birds, or pets of persons not resident on such lot.
c) On any lo~ of at least ten (~0) acres the keepin~ of an~ number of
anima/s or birds regardless of ownership and the operation of
equestrian ridin~ a~ademies, stables, stud farms, dairy farms, and
poult ~j ~tteries.
d) The sale of products r~ised as a result of the .above uses on the
~ubject land.
(7) ~wimmin~ pools in excess of two fee~ depth slu~ll Be considered a struc-
ture and permitted provided such pools are enclosed By a suitable wall
or fence at least four .feet ~n hei6ht to be determined by the Bu/ld~n~
Inspector to prevent the entrance of persons other than those residing
at the pool location and further provided that such pools ~re loc&ted
to the rear of the front Bu/lding line of the house and no closer to
side or rear lot line th-- ten (10) feet.
(8) ~useums.
(9) ~Hucatienal facilities.
(10) Munioi~l bu/ldin~ and public
re ed).
service corporstion uae (Special Permit
(11) ~olff course.
-11-
(12) ~J. nunir~ nd/of '~e~nie clubs shall bo ponn:J, ttod with s 8peo:Lel Po~'u:Lt,
(13) Oemete~,
l~plex or two-family dwellings including the right to convert any
existing dwelling to accomodate not more than five family unite By
special perui% from Zoning Board of Appealb after a public hearing
with due notice given, provided=
a) the lot area per structure so converted shall be not less than
twelve thousand five hundred (12,5~0) square feet, and the street
frontage width of such lot sb~ll be not lees th~Ln one hundred
(100) feet; unless otherwise permitted By the Board of Appeals.
no m~jor exterior structural changes shall Be made. ~he 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 cf not more than five family units, afld
meeting all requirements of the ~tate and Town Statutes and.
~y-taws, including Health Codes, Safety Codes, Building Codes,
Zoning Laws, and Zoning ]~y-Laws.
c) ~tairways leading to the second or any higher floor sh~l be
enclosed. (1~73)
(15) Municipal recreational areas. (1~4)
(16) ~uest or rooming houses.
(17) ~ureing and Convalescent homes (Special Permit required). ~ee
dimensional requirements of T~ble 2.
(18)
Any accessory use customarily incident to any of the above permitted
uses, provided that such accessory use shall be not injurious,
noxious, or offensive to the neighborhood.
4.123 Residence ~ District
(1) One-family dwelling.
(2) Place of worship.
(3)
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 display or advertieim~ on such dwelling
or its lot other than a name plate or sign not to exceed six (6) inches
~ .~wenty-fm~r (24) inches in size, and further provided that no dwel-
ling shall Be erected or altered pr~n~_~ily for such use.
(4)
Home occupations provided there be no display and no exterior advertising
except an announcement sign not to exceed six (6) inCheo By twenty-four
(24) inches and provided that in any dwelling, such home occupations
8k~ll be carried on By no~ more than three persons, one of whom shall ~e
the o~ner of She h~ne occup~Yi~n and residing in such dwelling,
(9) Real estate signs not to exceed twenty-four (24) inches by thirty-six
(36) inches in size which shall advertise only the rental, lease cr
sale of the premises upon which they are placed.
(6) a) Farming of field crops a~d row crops, truch gardens, orchards,
plant nurseries and green houses.
b) 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 livin~ on such lot, a~d
for each additional acre of lot size to nine (9) acres the keeping of
one additional animal or bird; but not the keeping of any aaimals,
birds, or pets of persons not resident on such lot.
c) On any lot of at least ten (lC) acres, the keeping of any number of
animals or birds regardless of ownership a~d the operation of equest-
rian riding academies, stables, stud farms, dairy farms, and poultry
batteries.
d) ~he sale of products r~ised as a result of the above uses on the
subject land.
(7) ~wim~ing pools in excess of two feeth depth sh~ll be considered a
structure and permitted provided such pools are enclosed by a suitable
wall or fence at least four feet in height to Be determined by the
~uilding Inspector to prevent the entrance of persons other than those
residing at the pool location and further provided that such pools are
located to the rear of the ~ront Building line of the house and no
closer to a side or rear lot line that ten (10) feet.
(19) Hotel or motel (~pecial 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.
4.124 Bas!ness 1 District,
(1) Retail establishments.
(2) Personal service establishments.
(3) Professional offices, banks, real es%ate offices and insurance orifices.
(4) Eating or drinking uses may Be permitted only as a secondary use ~ithin
a permitted primary use.
(9) Place of worship.
(6) Nonprofit school.
(7) Public building or use and public service corporation.
4.125
Art gallery
Residential use.
a) Farming of field crops and row crops, truck gardens, orchards, plant
nurseries, and greenhouses.
b) O~ any lot of at least tRree (3) acres, the keeping of a to~l cf
not more t~_n three (3) of a~y kind or assortment of animals or birds
in addition to the household pets of a family living on such lo~, and
for each additional acre of lot size to nine (9) acres the keeping of
one additional animal or bird; but not the keeping of any animals, birds,
or pets of persons not resident on such lot.
c) On any lot of at least ten (10) acres, the keeping of anynumber of
animals or Birds regardless of ownership and the operation of equestrian
riding academies, stables, stud farms, dairy farms, and poultry batteries.
d) The sale of products raised as a result of the above uses on the
subject land.
~wimming and/or tennis clubs shall be permitted with a Special Permit.
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.
Business 2 District
(2)
(3)
(4)
(5)
(6)
(?)
(8)
Retail establishments.
Personal service establishments.
Professional offices, banks, real estate offices and insurance offices.
Business and other offices.
Public building or use and public service corporation.
Art gallery.
~wimming and/or tennis clubs shall be permitted with a Special Permit.
Place of worship.
E~ting and drinking establishments.
Nonprofit school or private school for profit or museum.
Indoor place of amusement or assembly.
Automotile service station (limited to one in each 2,000 linear feet of
stree~ or highway as measttred along centerline).
-14-
4.126
(13) ~edical centeri olinio or medical laboratory.
(14) Funeral parlor.
(15) ;~ulti-family dwelli~ and to~n houses (~ith Special Permit).
Public parking garage.
(16)
(17)
(18)
(20)
(21)
Taxi depot.
Printing and rep ducticn.
a) Parming of field crops and row orops, truck gardens, orchards, plant
nurseries, and greenhouses.
b) O~ any lot of at least three (3) acres, the keeping of a total of not
more tha~ ~hree (3) of a~kind or assortment of animals or birds in
addition to the household pets of & family living on such lot, and for
each a~ditional acre of lot size to nine (9) acres the keeping of one
additional animal or bird; but not the keeping of any animals, birds,
or pets of persons not resident en such lot.
c) On s~y lot of at least ten (10) acres, the keeping of a~ynumber of
animals or birds regardless of ownership and the operatien of equestrian
riding academies, stables, stud farms, dairy f~as, and poultry batteries.
Residential use where such use is not more than 50 percent of the
floor space in the structure.
Parking, indoor storage and other acceseory uses aeeociated with the
above uses, provided that such accessory use shall not be noxious,
injurious, or offensive to the neighborhood.
Business 3 District
(1) Retail establishments.
(2) Personal service establishments.
(3) Professional offioes, banks, real estate offices and insurance ccapanien.
(4) Business and other offices.
(5) Public building or use and public service corporation.
(6) gansry.
(7) Bwimming and/or tennis clut~ shall Be permit~ed~ith a Speoial Permi~.
(8) Place of worship.
(9) Eating and drinking establishments.
(10) Nonprofit school or private school for profit or ~u~blaa.
4.127
Indoor place of mausemmt or assembly°
(12) AutomoBile service s~ation (limited to one in each 2,000 linear feet
of street or high~a~ as measured along cen%erline)o
(13) Medical center, clinic or medical laboratory.
(14) Funeral parlor.
(15) Public pa.~ki~g 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 use cars.
(20) a) farming of field crops and row crops, truck gardens, orchards, plant
nurseries, and greenhouses.
b) 0~ any lot of at lea~t three (3) acres, the keeping of a ~otal 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 c~ ouch lot, and
for each ~dditional acre of lot size to nine (9) acres the keeping of
one additional animal or bird; but nmt the keeping of a~W animal,
birds, or pets of persons not resident on ouch lot.
c) On any lot of at least ten (10) acres, the keeping of any number of
animals or birds regardless of ownership and the operation of equestrian
riding academies, stables, stud farms, dairy farms, and poultry batteries.
d) The sale of products raised as a result of the above uses on the
oubject land.
(21) Parking, indoor storage and other accessory uses associated with the
above uses, provided that such accessory use shall not be injurious,
nox/ous, or offensive to the neighborhoo(1.
Business 4 District
(1) Hesearch and development facilities.
(2) ]~usiness, professional and other offices.
(3) Limited retail, personal service and eating and drinkiD~use shall be
permitted in an amount not to exceed five percent of total gross floor
area of the principal uses.
-16-
4o128
(8)
(9)
(lO)
(12)
(13)
(4) lace of worship.
(5) Nonprofit school or private school for profit or ~useu~o
(6) Public Building or use a~d public service corporati~nso
(7) 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 ho~es. See dimensional requirements off Table
Art gallery.
Swimming and/or tennis clubs shall Be permitted with a ~pecial Permit.
Printing and reproduction.
a) Farming of field crops and row crops, truck gardens, orchards, plant
nurseries, ~ndgreenhouses.
b) On any lot of at least three (3) acres, the keeping of a total of
not more than three (3) of anykind or assortment of aninmls or birds
in addition to the household pets of a family living on such lot, and
for each additional acre of lot size to nine (9) acres the keeping of
one additional animal or bird; But not the keeping of any animals, birds,
or pets of persons not resident on such lot.
c) On any lot of at least ten (10) acres, the keeping of any numbsr of
animals or birds regardless of ownership and the operation of equestrian
riding academies, ~tables, stud farms, dairy farms, and pountry batteries.
d) The sale of products ra/sed as a result of the above uses on the
subject land.
Parking, indoor storage and other acceesory usee associated with the
above uses, provided that such accessory use sb~ll not be injurious,
noxious, or offensive to the neighborhood.
Genera/ Business District
(1) Retail stores and wholesale stores, salesrooms, funeral parlors, show-
rooms or places for any professional, artistic or mercantile activity,
not involving manufacturing, also retail Bakeries or retail confectioneries.
(2) Bs~cs, offices and mmmicipal, civic or public service tmildings such as
post office, telephone exchange, to~n offices, school, library, ~use~,
place of worship, local passeager statiou.
(3) ~all, club, theatre or other place of amusement or assembly.
-17-
(4)
Auto~obile service and filling stations, automobile storage and repair
~a. ra~es including automobile body repairs and p~inting, and automobile
sale agencies for new and used cars provided there be no~ displa~ved or
stored outdoors on such premise more than twenty-five (25) automobiles
or other vehicles.
(5) Restaurant, dining room or lunch room.
(6) Residential use where such use is not more than 50 percent of the total
floor space in the structure.
(7)
Any accessory use customarily incident to any of the above permitted
uses, provided that such accessory use shall be not injurious, noxious,
or offensive to the neighborhood.
(8) a) Farming of field crops and row crops, truck gardens, orchards, plant
nurseries, and greenhouses.
b) On any lot of at least five (5) acres, the keeping of a total of not
more than five (5) of any kind or assortment of animals or birds in
addition to the household pets of a family liviB~g on such lot, and for
each additional acre of lot size to nine (9) acres the keeping of one
additional animal or bird; but not the keeping of any animals, birds,
or pets of persons not resident on such lot.
c) On any lot of at least ten (10) acres, the keeping of amy number of
animals or birds regardless of o~nership and the operation of equestrian
riding academies, stud farms, dairy farms, and poultry batteries.
d) The sale of products raised as a result of the above uses on the
subject land.
Industrial 1 District
(1) Research and development facilities.
(2) Business, professional and other offices.
(3)
Accessory retail, personal service and eating and drinking use shall be
permitted in an amount not to exceed five percent of total gross floor
area of the principal uses.
(4) Place of worship.
(5) Nonprofit school or private school for profit.
(6) Public building or use and public service corporations.
(7) Medical center, clinic or medical laboratory.
(8) Ar~ gallery or museum.
~.130
(9) ~imiag and/or tennis clubs and/or indoor ice skatin~ facilities shall
be permitted ~ith a Special Permit.
(lO)
(11)
Printing and reproduction.
Helistop (defined as a landing and take-off place for a helicopter
but not including facilities for storage or major repair of helicopters).
Special Permit required.
Light ~anufacturing includhg manufacturing, fabrication, prooessint,
finishing, assembly, packing or treatment of articles or merchandise,
provided such uses. a~e conducted solely within a building and further
provided that such uses are not offensive, noxious, detrimental or
~a~erous to. surrounding areas or the town b~ reason of dust, smoke,
fumes, odor, noise, vibration, light or other adverse environmental
effect.
(13) a) Farming of field crops and row crops, truck gardens, orchards, plant
nurseries, and greenhouses.
(19
b) On any lot of at least three (3) acres, the keeping of a total of
not more that 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 nine (9) acres the keeping of
one additional animal or bird; but not the keeping of any animals, birds,
or pets of persons not resident onsuch lot.
c) On any lot of at least ten (10) acres, the keeping of any number of
animals or birds regardless of ownership and the operation of equestrian
riding academies, stables, stud farms, dairy farms, and po~tltry batteries.
d) 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.
Golf course.
Parking, indoor storage and other acoessory uses customarily associated
with the above uses, provided that such accessory use shall not be
injurious, noxious, or offensive to the neighborhood.
Industrial 2 District
(1) Research and development facilities.
(2) Business, professional and other offices.
(3) Accessory retail, personal service and eating and drinking use shall
be permitted in an amount not to exceed five percent of total gross
floor area of the principal uses.
(4) Place of worshipo
(5) Nc~profit school or private school for profit.
(6) Public service corporation and energy or resource recovery facility.
(7) Medical center, clinic or medical laboratory.
(8) Art gallery.
(9) S~imming and/or tennis clubs shall be permitted with a Special Permit.
(10) Printing and reproduction.
Helistop (defined as a landing and take-off place for a helicol~er but
not including facilities for storage or major repair of helicopters).
Special Permit required.
(42)
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, aoxious, detrimental or
dangerous to surrounding areas or the to~. by reason of dus%, smoke,
fumes, odor, noise, vibration, light or c%her adverse environmental
effect.
(13) a) Farming of field crops ~nd row crops, truck gardens, orchards, plant
nurseries, and greenhouses.
b) On any lot of at least three (3) acres, the keeping of a total of
not more th~n 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 nine (9) acres the keeping of
one additional animal or bird; but not the keeping of any animals., birds,
or pets of persons not resident on such lot.
c) On a~ lot of at least ten (10) acres, the keeping of anynumber of
animals or birds regardless of o~nership and the operation of equestrian
riding academies, stables, stud farms, dairy farms, and poultry batteries.
d) The sale of products raised as a result of the above uses o~ the sub-
ject land.
(14) Warehousing and wholesaling.
(15) Golf course.
(16)
Lumber or other buildingm~terials stora~ or sales, fuel storage or
contractor's y~rd, provided all outdoor uses are enclosed by a fence of
five feet or more in height.
(17) Ms
(18) Automobile service station (limited to one in each 2,OOO linear feet of
~tree~ or highway as measured alc~goen%erIine).
4~132
(20)
{22)
Automobile or other aotor vehicle repair, provided all activities
are within an enclosed building.
Veterinary hospital and kennels, provided all activities are within
an enclosed building.
Parking, indoor storage and other accessory uses customarily asso-
ciated with the above uses, provided that such accessory use shall
not be injurious, noxious, or offensive to the neighborhood.
District
B~ildings.
Garages and accessory~uildinge.
servioe corporations.
Industrial
(1) Public
(~) Public
Public
(4) Public sanitary disposal site.
(5)
Public storage of equipment.
All uses permitted in the Industrial 1 District.
Industrial "S" District
Research and development facilities.
(2)
(3)
(4)
(5)
(6)
(?)
~usiness, professional and other offices.
Place of worship.
Nonprofit school or private school for profit.
Public building or use and public service corporation.
(8)
Printing and reproduction.
Light manufacturing includim~ manufacturing, fabrication, processing,
finishing, assembly, packing or treatment of a_,-ticles or merchandise,
other commercial non-retail activity, provided such uses are conduoted
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, telephcae exoh~_~ge or telephone
Business office, local bus passenger eta%ion or business office
4.133
buildings. ~ ~pecial ?ermit, an auto~obile service and filling
station, a diner, a restaurant, a retail food store, but no c~her
retail stores of any kind.
(9) ~rehousing and wholesaling.
(lO)
Lumber or other building materials storage or sales, i~el storage,
or contractor's yard, provided all outdoor uses are enclosed by a
fence of five feet or more in height.
(11) Bus Garage
(12)
Any accessory use customarily incident to any of the above permit%ed
uses, provided that such accsssory use shall not be injurious, noxious,
or offensive to the neighborhood.
(13) a) Farming of field crops and row crops, truck gardens, orchards,
plant nurseries, and greenhouses.
(14)
b) On any lot of at least three (3) acres, the keeping of not more
than three (3) of any kind or assortment of animals or birds in addi-
tion to the household pets of a family livin~ on such lot, and for
each additional acre of lot size to nine, (9), a=res the keeping of
one additional animal or bird; but not the keeping of any animals,
birds, or pets of persons not resident on such lot.
c) On any lot of at least ten (10) acres, the keeping of any number
of animals or birds regardless of ownership a~d the operation of
equestrian riding academies, stables, stud farms, dairy farms, and
poultry batteries.
d) ~he sale of products raised as a result of 'the above uses on the
subject land.
( 1 ) Purpose:
The Watershed District surrounding Lake ¢ochichewiok, our ~ource of
water supply, is intended to preserve and n~in~ain the filtration and
purifioatio~ fun,tion of %he land, the ground ~a%er table, the purity
of the ground ~a%er and the la~e, to conserve the ~atural environment
and to pro%eot the public health, safety and welfare.
(2) Prohibited Uses:
a) Dumping trash, rubbish, gari~ge, wood stumps, peat, junk, or muter
mate m~%erials sh~ll ~e prohibited.
(3)
Dimensions and No ]~uild Requirements:
a) Boundaries of the Watershed Di~tric~ are designated specifically
on the certified North Andover NatershedNap ~978~nd aresho~n on the
Zoning M~p. T~ese m~ps are h~reby~m~de a part of this By-Law and are
on file in the office of the ?o~n Clerk.
-22-
b) ~nen the ~tershed district boundary divides a lot of record on
tune 26, 1978 in one o~nership, all the zoning regulations set forth
in this Zoning By-Law 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 watershed 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.
c) A no cut buffer zone shall exist one hundred fifty (1~0) feet
horizontally from the annual mean high water mark of Lake Cochichewick
and twenty-five (25) feet horizontally from the edge of all tributaries
in the watershed.
d) No construction shall occur two hundred fifty (250) feet horizon-
tally from the annual mean high water mark of Lake Cochichewick and
one hundred (100) feet horizontally from the edge of all tributaries,
except by special permit.
Flood PLazard District
Any other by-law or re.gulation to the contrary notwithstanding, no
construotion shall be permitted within the District unless it has been
duly determined that all utilities are located, elevated, and con-
structed so as to minimize or eliminate flood dama~e and that methods
of disposal for se~ge, refuse and other wastes and for providing
drainage are adequate to reduce flood hazards.
Table 1
SU~M.R¥ OF USE REGULATIONS
permitted Use Res. Res Res. Bus Bus. Bus. Bus. Gen'l Ind. Ind Ind. Ind.
1,2&3 4 5 2 34 ,Sue.
Agricultural UseI Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
Art Gallery No No No Yes Yes Yes Yes Yes Yes Yes Yes No
Auto Service sra.1 No No No No Yes1 Yes1 No Yes1 No Yes1 No ~P
Auto & vehicle No No No No No No No Yes No Yes No No
repair, body shop
BUs garage No No No No No No No Yes Mo Yes No Yes
Business & other No No No NoI Yes Yes Yes Yes Yes Yes Yes Yes
offices
Car wash No No No No No No No Yes No Yes No No
Cemetery Yes Yes Yes No No No No No No No No
Eating & drinking No No No1 No1 Yes Yes NoI Yes No1 No1 No1 SP
establishment
Funeral Parlor No No No No Yes Yes No Yes No No No No
Golf Course Yes Yes Yes No No No No No Yes Yes Yes Yes
Gues~ House No Yes Yes No No No No No No No No No
Helistop No No No No No No No No BP SP ~P No
Indoor Place of No No No No Yes Yes No Yes No No No No
amusement or assembly
Lumber, fuel storage No No No No No !No No Yes No Yes No Yes
or contractor's yard
Manufacturing1 No No No No No No No No Yes Yes Yes Yes
Medical Center1 No No No No Yes Yes Yes Yes Yes Yes Yes No
Mo~el or Hotel No No SP No No No Yes No No No No No
Multi-family dwell- No No Yes NoI SP No No No No No No No
ing & apartments
New car sales1 No No No No No Yes No Yes No No No No
Nonprofit school Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Nursing & oo~val- SP SP BP No No No Yes No No No No Mo
esoent homes'
Indoor ice skating No No No No No No No No SP No SP No
facilities
One-family dwelling Yes Yes Yes No No No No No No No No No
Personal service No No No1 Yes Yes Yes No1 Yes No1 No1 No1 No1
establishment
Place of worship Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Printing & repro- No No No No Yes Yes Yes i Yes Yes Yes Yes Yes
duction
Private school for Yes Yes Yes No Yes !Yes Yes Yes Yes Yes Yes Yes
profit
Professional offices No1 No1 YesllYes Yes Yes Yes Yes Yes Yes Yes Yes
Public building or SP SP SP ;Yes Yes Yes Yes Yes Yes Yes Yes Yes
Public garages & No No No No No No No No No No Yes No
accessory buildings
Public Servioe No No No No No No No Mo No No Yes No
Corporation
-24-
T~ble I (o~n~'d)
Permitted Use Res, Res. Res, Dus~ Bus. Bus, Bus, Oen'! Iad, T_nd, Iud, Iud, S
Publ4c ,.~.n:i't ary No ilo No No No No No Ilo No ~o les
Public ~toro~e No No No No No No No No ]Jo No Yes No
of Equipment
~ecreatiou area ~ ~ ~ ~ ~ SP SP ~ ~P No ~ No
Research & develop- No No No No No Yes Yes Yes Yes Yes Yes Yes
men~ £acilit ~es
Hetail ea~ablish- No No No1 Yes Yes Yes No1 Yes1 No1 No1 1(01 No1
men~
Roomi~ house Yes3 Yes Yes~ No No No No No No No No No
Tax~ depo~ No No No No Tea Yes No Y08 No No No No
To~n housee No No Yes No ~P No No No No No No No
~o-family dwellin~ No Yes Yes No No No No No No No No No
Veterina~ hoepita~ No No No No No No No No No Yea No No
~ ke~el
~ehou8~ & No No No No No No No Yes No3 Yes No~ Yes
wholesal~
~oip~ ~c~a- Yea Yes No No No No No No No No No
l~ee detailed district use resulations,
~= wi~h ~peci=i ~erm~t oniT,
~ote: ~ia chart is for sunma~ inforu~ion purposes _~__~ and is not ~ substitute
flor the detailed dietr~ct use regulations contained in Section 4 of this ~-Lswo
3screen ~ ~ ~TH~IA~, ~ REd,OVAL
$, 1 (~ener&l
(2)
(])
(,4)
~he stripping or removal of earth material from any parcel of land, public
or private, in North Andover is prohibited except as permitted by the
provisions of this Section of the By-Law.
Exclusive jurisdiction to issue ~h Removal Permits shall be with the
Bo~rd except for permits allowed in Paragraphs 5.5 and 5.6.
The Board or the Building Inspector shall have the authority to issue
an Operating Hours Extension Permit, as defined in 8ul~ection 5.2 (4).
The Building Inspector shall have the authority to enforce all conditions
of any permit issued under this Section of the Zoning By-Law.
All earth removal operations in existence in North Andover on the effect-
ive date of this Section shall be ~ubject to the requirements stated
herein. However, all Earth Removal Permits issued prior to the effect-
ive date of this Section, shall remain in effect until their expiration
date and/or annual review. At such time, 8aid operation sh~ll be subject
to the provisions of this Section, unless otherwise allowed by the Board,
. for a period not to exceed six (6) months.
An annual fee of 0~e Hundred ($100.O0) dollars sB~ll be required for
Earth Removal Permits. Miscellaneous Earth Removal Permits shall require
an annual fee of ~enty-five ($25.00) dollars.
(7)
Violation of this Section of the Zoning By-Law, notwithstanding the
provisions of Section 9.13, imposes a penalty of Fifty ($50.00) dollars
for the first offense. ~e Hundred ($100.O0) dollars for the second and
each subsequent offense. E~ch day of operation in violation of this
section will be considered a separate offense.
(8) Any sanitary land fill operated by the ?o~m of North Andover shall be
exempt from the provisions of this section.
}.2 Definitions
Applicant: the o~ner, or prospective owner by reason of a purchase and
sales agreement, of the land shown by the plan submitted with the Earth
Removal Permit Application.
(2) Earth Materials: "earth materials" shall include soil, loam, sand,
~u~avel, clay, pea~, rock or other allied products.
(3) Earth Removal Operations: the stripping, excavation or removal of any
earth material from any site within the Town of North Andover.
(4) Operating Hours Extension Permit: a permit issued by the Board or the
Building Inspector flor an extension off the time off ~peration for
~rucking f-rc~*the sASe until ~:00 P.M.
Board: Zoning Board of Appeals
5.3 Applicati.on fo, r, Earth Removal Permit
(1)
All applicants fo~ earth Removal
c~ies of the fol~i~ ~ti~:
~issi~ of ~ ~p~cati~ for
(4) ~ cc~ple~e lin ~
prcper~y ~ere m~ch rem~r~I is
parcel will be developed in pre--ye five (5) acre increments.
5.5
removal ope~atien ena five (5) acre parcel, or a part thereof, aad
substantial restoratic~ of said parcel as determined by the Board,
according to the restoration standards and the permit conditions,
application may then be made to She 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 opera-
tion is completed.
(s)
The permit shall be considered a non-transferable revocable permit to
remove earth materials. If it is found that incorrect information Ms
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 m~de to conform. Failure of the permit holder to comply
within the time specified by the Board for correction of violations
shall cause the permit to be revoked, forfeiture of the security %o
the Town, and the imposition of all fines as set forth in Paragraph
(2).
(3)
The Board shall discuss and review the permit periodically, and at a
minimum, annually. Written progress reports showing conformance with
regulations and permit conditions shall be submitted to the Board By
the Building Inspector or his designated agent every three (3) months.
(4)
An E~th 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 Dev. e. lopment and Construction
(1) This regulation shall be deemed not to prohibit the removal of such
sod, loam, soil, clay, sand, gravel or stone as may Be required to
be excavated for the purpose of constructi~ ways in accordance ~ith
lines and grades approved by the Board or a definitive plan, approved
by the Planning ]~oard, or for the purpose of c~nstruc~ing underground
utilities.
(2)
~here soil is to be removed in connection with the preparation of a
specific site for building, removal may take place only after the
iss,,anoe of a building permit by the Building Inspector. l~emoval
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. ~here
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 ~ilding I~speotor as provided in
Paragraph 5°6 ~elowo
Miscellaneous Removal of Earth Incidental to Improvements
Removal of miscellaneous amounts of earth is permitted provided the removal
is necessary for the improvement of the proper~y fro~ which removal takes
place and provided the removal is in accord with the expressed intent and
purpose of the provisions of %his By-Law. Removal of aggregate quantities
off less than fifty (50) cubic yards from any one general site requires no
formal permit. Where the removal of soil is quantities in e~cess off
fifty (50) cubic yards but less than one thousand (1,000) cubic yards is
desired, application must Be made to the Building,Inspector for a
Niscellaneous Soil Removal Permit° Where special circumstances exist which
require the removal o£ soil in excess of one thousand (~,O00) cubic yards,
but for which a general permit under Paragraph 5°4 is not appropriate, a
permit for a larger amount up to five thousand (5,000) cubic yards may Be
issued provided that it additionally has the approval of and bears the
signature of the Board° Said action does not require a public hearing.
The permit shall indicate the approximate q.~utity of soil to Be removed,
the purpose of removal, and the location of the site of removal. The
permit shall also specify that upon completion of excavation, exposed
subsoil shall Be graded and covered with loam to a minimum depth of six
(6) inches and that the removal is to Be controlled By the appropriate
sections of Paragraph 5.? (Operating ~tandards). Except where removal
under this Paragraph is dc~e in connection with the formatic~ or enlarge-
ment of a pond, excavation shall not Be permitted below the mean grade
of the street or road serving the property° The excavation in any case
shall not be such as to change the direction of flow of a water course or
to cause surface water to gather as a sump or swale. Pits for 'buryip~
large rocks and stumps shall immediatelyBe ~ack-filled for safety reasons°
Failure to meet the requirements of this Paragraph shall Be dee~ed a
violation of the ZeningBy-Law.
3°? Operation Standards
(1) Time of Operation.
a) Excavation and site maintenance may be carried on from 6:30 A.M.
until 7:~0 PoM., Monday through Saturclay.
B) Trucking from the site maybe carried on from ?:OOA.N. through
6:00 P.M., Nonda~throughSaturda~.
o) An Operating Hours Extension Permit for trucking until 9:00 P.M.
for no more than three (~) consecutive days a~y Be granted By the
~u~lding Inspector after reviewing conditions of the application.
~aid application shall sho~ reason for extension of time, dimtanoe
of hauling, and approximate cubic yardage to Be hauled.
(2) 3its Preparati~.
&) C~II~ the ~otive &~ea described in the permit epplic~o~
~e ~ flor each
B) ~o st~di~ t~es ~e to ~ bulldcz~ ~r, ~ sI~s~
into pales'. All trees ~t be ~ d~. ~II ~ ~ ~h
piled ~or r~o~l or ohipp~. ~ c~s ~ re.in on
No trees are to Be ~ried ~ the ~te.
c) St~ps shall be ~ied ~ pr~i~at~ ~rea ~ sho~ on ~li~
tion
appro~.
~ 3) ~soil ~age.
for fu~e ~$e
b) No ~soil s~l] be rem~d f~ tbs si~e ~il all ~=
been restored ~d pe~issi~ h~ ~ ~ ~ the ~
b) All e~a,~2~on sh~I ~ d~ so ~s to ~-~ ~
a) No ~h rem~l ~ti~ s~ll create exoessi~ ~
or ~.1~ r~s le~i~ into or ~ s site to ~ e~ces~w~
~r~uo~.
~) ~oper d~t control ~$h~s $~!l ~ a~ ~ the
(~) ~wati~ Ne~ lrooks.
~) No ~ti~ s~ll ~ ~e ~ioh ~11 ~ter the ~t~I
existS6 ele~ti~ off a bra, ~ or river.
b) All banks.of brooks, streams, and rivers shall Be reconstructed
to be aesthetically attractive and of sufficient height to prevent
abutting properties from flooding.
c) Said bank height shall be computed, for a fifty (50) year storm
for all ,br.ooks, streams, Td 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.
(7) Site Screening.
a) An immediate program of site screening shall start when site
preparation begins.
b) All entrances shall be screened with existing vegetation, ever-
greens, or other suitable natural methods, so as to prevent a direct
view into the earth removal area.
c) Ail areas within fifty (50) feet of a traveled way or abutting
property lines shall be reforested immediately upon completion of
the earth removal operation of that area.
Said reforestation shall be done in accordance with the North
AndoverTree Department.
A minimum of One Hundred Fifty (150) trees per acre shall beused
for this reforestation.
Area~ which are to be used for agricultural purposes after earth
removal operations are completed may be reforested in the following
mallner:
Trees shall be planted i~enty-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.
Access Roads.
a) All access roads mkmll be level with intersecting streets for a
distance of sixty (60) feet.
b) A STOP sign ~hall be installed so as to warn andy vehicle entering
onto a ~own street.
c) All access roads shall be equipped with a suitable locki~gate
to prevent unauthorized entry.
(~) Si~e Maintenance.
a) No open face excavation shall exceed twenty-five (25) feet in
height.
b) No excavation shall be closer th~ fifteen(15) feet to a
property line.
c) No slope shall exceed a two (2) foot horizontal to a c~e (1)
foot vertical (2:1) grade.
(10) Temporary Buildings.
a) All temporary structures shall be specified in the special
permit application and sho~n on the plan.
b) Any structures erected on the premises for use by personnel or
storage of equipment shall be located at least forty (40) feet
from any existing roadway and at least thirty (30) feet from any
lot line.
c) Any temporary structure will be removed no later than ninety
(90) day~ after the expiration date of the permit.
(11) Mechanical Crushing and Screening.
a) All crushing and screening permits shall be granted for a
period not to exceed six (6) months.
b) Said permits shall be granted as a cleanup procedure only.
c) Washing of processed material will not be allowed.
d) Operation of crushing or screening equipment shall be from
7:30 A.M. until 5:00 P.M., Monda~throughlPriday.
e) All crushing and screening equilanent shall be equipped .with
suitable dust and noise control devices.
5.8 Restoration Standards
(1)
All restoration must be completed within sixty (60) days after the
termination of an earth removal permit or by the first of June if
the permit terminates between December first through Ma~ch thirty
-first.
(2) No slope shall be left with a grade steeper than a two (2) foot
horizontal to a one (1) foot vertical (2.-1).
(3)
Ali 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 re~ainunlees ~pprov~l is granted
by the Board or unless the area ~as sho~n on the original applica-
tion plans.
-31-
(4)
Ail topsoil w~ich was on the si%e prior to earth removal opera%ions
shall be replacedto aminimumdepth of six (6)inches on all dis-
turbed areas. Sites that had less than six(6) inches of topsoil shall
be restored with a minimum of four (4) inches over the entire area.
~EDING - The entire area shall be seeded with grass or legume which
contains at least sixty (60) percent perennials. The planted area
shall be protected from erosion during the establishment period
using good conservation practices. Areas which washout are to be re-
paired immediately.
(6)
~ORESTATION - All areas which are disturbed in the earth removal
operation shall be reforested with fifty (50) pe¥cent coniferous
and fifty (50) percent deciduous trees planted at the rate of one
hundred fifty (150) trees per acre. All trees used are to be a
minimum of two (2) year transplants. Said planting shall be in
accordance with the recommendations of the North Andover Tree
Department. Areas which are to be used for agricultural purposes
after earth removal operations are completed may be reforested in
the following manner:
~) 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 acricultural planting material. Permits issued by
the Building Inspector for soil removal incidental to construction
or for special purposes are exempt from reforestation paragraph.
Within ninety (90) days of completion of operations, all equipment,
accessory buildings, structures, and unsightly evidence of operation
shall be removed from the premises.
5.9 Security R.e~uirement
There must be filed with the To~m Treasurer, a continuous bond or
deposit of money in the minimum amount of One Thousand ($1,O00.00)
dollars per acre to be excavated, and shall be of a sufficient
amount to cover ten (10) acres, or the total parcel, whichever is
~maller, as determined by and satisfactory to the Board.
(2)
After completion of the total project, and at the applicant's
written request, the Board may grant a partial release of any security
po.,ted" by the applicant. One (1) year after such a partial release
is granted and if in the opinion of the Board, no damage or deteriora-
tion to the finished project has developed, the Board will issue a
final release of the security. If, during the year following the
date of a partial release, slumping, gullying, erosion or any other
unsmtisfactory condition appears, the applicant shall be responsible
for, and shall make any necessaryrepairs, before final release of
security is granted.
-32-
The bondinc agent shall be required %o give the Board of Appeals, by
Re,~stered or Cer%ified ~il, a sixty (60) day notice prior to any
termination or cancellation of the Bond.
Section 6 S!~S A~D ~ L!~ ~LATI~
_6.1 Aut, ho, rit,y and Int ~e~reta$_~m._
This by-law is adopted as a general by-law purer to Ch_~_pter 93, ~ections
29-33 inclusive, as amended, and a zoning b~-law purusant to' Chapter ~OA, as
amended, of the ~eneral Laws of the C~enwealth of ~assachusstts. This
by-law 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 by-law.
.6..2 Purposes
(1)
~he regulation and restriction of signs within the town of :North Andover
in order to protect and enhance the visual 'environment of the tows for
purposes of safety, conveni~ence, information and welfare of its residents.
(2) 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.
(3) ~o encourage signage and lighting which aid communication, orien~tion,
identi~y activities, 'express local hi. story and character, serve educa-
tional purposes for the public good.
(4)
· he reduction cf visual and informational conflic~ among private signs
and lighting and between the private and public information s~ems.
(1)
AC~C~y SI~N: a sign ~hat adve~tise~ astivities, goods, ~reduo~e or a
specific use, owner or te-~nt, available within the building or on the
proper~y on which the sign is located, ~r advertises the property as a
~hole or any part there~ for sale ,or rent.
(3)
~JiLDlq~ t~0NTA~E: the length in
~lding ~t ~ side f~ing a
~ a steer) that is o~ed
DIRECTIONAL SI~N: a n~c~essory sign -c~n~ain~ no advertising and
giving direction to c~nmuwi~y (non-co~merc~al) activities, buildings,
areas, such as churches, schools, pla~g~m~s, ~masem~s, histo~A~al sites
public buildings, eto. '
(4)
(5)
(6)
DI~LAY WINDOW SIGNS: %~orary signs on $he mu~faoe .of or inside display
windows, lighted enly by the general b~ilding illmmtn~t~.
E~ECT: shall mean a~t include to construct, ~la~e, relents, e~large,
alter, attach, suspend and post..
Ir~A~.POI,E: a pole erected on a roof, or projecting ~ a build~-~ or
structure or ca ~he g~onnd.
(?)
F~S?ANDIN~ SI~ shall mean and include anyei~nnot attached to a
~uilding or the Orotund.
~ROUND SlGI{: any si~n erected on the 6~ound which is self-supported and
anchored to the 6~ound.
ILLUMINATED 8IUN: illmminated sign shall mean any sion illuminated By
electricity, 6~s or other artificial licht including reflective or
phosphorescent licht and shall include location of source off illumination.
MARQUEE: any sheltering structure of permanent c~nstructien 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.
PEP~W~NEN~ SIGN: any sign permitted to be erected and maintained for
more than sixty (60) days.
PRIMARY 8I~N: the principal accessory sign which may be a wall, roof or
ground sign, as allowed in Section 6.6.
PROJECTING 8I(~: 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: a~y sign erected, constructed and maintained wholly upon,
connected to, or over the roof or p~rapet of any building with the entire
support on the roof or roof structure.
SECONDARY SI6N: is a w~ll, roof or ground sign intended for the same
use as a primary sign but of 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,
tradefla~, or representatiOn tha~ 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. ~he definition
includes electric signs in windows or doors, but does not include window
displays of 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 ex-treme 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.
-]5-
(19) ~ALL SIGN: any sign affixed to, suspended fro~ or painted o~ a ~all,
window, marquee'or parapet.
,,6.4 Administration and E~'orcemen$,
ENFORC~E~p: ~he Building Inspector is hereby designated as the Sign
Officer and is hereby charged with the enforcement of this By-Law.
a) ~he 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 erec%ed or maintained in order
to inspect said sign.
b) ~he Sign Officer is further authorized, upon notice as herein
provided, to order the repair or removal of any sign which in his
judgment 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 By-Law. 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 day~ 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 and shall be recoverable in any
court of competent jurisdiction if not paid within thirty (~0) days after
written notice of assessment is given by the Sign Officer to any such
person.
(2) Permits:
a) NO permanent sign shalI 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 tha~ the
sign complies or will comply with all applicable provisions of this
(3) Reports to Outdoor Advertising Board and the Public:
a) 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 By-Law. Such list shall specify for
each such sign the permit number, if any, the o~ner of record of the
premises where the si~n is located and any adve.~tiser, tenant or other
person knoma to him having control of or a substantial interest in said
si~n, and a description of the reasons for such nonconformance, includin~
a citation to the applicable provisions o£ this By-law. A copy cf ouch
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 ~ in each year, in the office of the ?o~n Clerk.
b) The Sign Officer shall keep records of all actions taken pursuant to
this By-Law. He shall make an annual report to the Town listing all such
actions and any apparent violations of this By-Law.
(4) Non-conformance of Accessory Signs:
Accessory signs legally erected before the adoption of this By-Law which
do not conform to the provisions of this By-Law may continue to be ms,n-
rained, provided, however, that no such sign shall be permitted if it is,
after the adoption of this By-Law, 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 By-Law;
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 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 By-Law. Any exemption shall terminate
with respect to any sign which:
a) shall have been abandoned;
b) advertises or calls attention to any products, businesses or activities
which are no lon~a~er sold or carried on, whether generally or at the
particular premises; or
c) shall not have been repaired or properly maintained within thirty days
after notice to that effect has been given by the Sign Officer.
6.5 Allowed Signs:
(1) Residence Districts: Accessory Signs
a) One sign displaying the street number and/or name of the occupant of
the premises not exceeding one square foot in area. Such sign may include
identification of an accessory professional office or other acoessory uses
permitted in a residence district.
b) One unlighted, temporary "For Sale" or "For Rent" sign not exceeding
six square feet in area and advertising only the premises on which it is
located; to be removed 14 days after sale, rental or lease.
c) 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 sB~ll be removed promptly
after completion of the construction.
-37-
d) One unlighted identification si~ at each p~blic entrance to a
subdivision not'exceeding 12 scfuare feet in area; to be removed when
the subdivision is completed.
e) One identification sign at each public entrance to a multi-family
development not exceeding 12 scfuare feet in area.
f) Bulletin or announcement boards, identification signs or entrance
markers for a church, synagugue or institution, not exceeding a combined
total of 30 square feet and provided that there shall, be no more than
two signs allowed on the premises.
g) 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
maybe no more than one-half the area that would be allowed if the
sign were in a business or industrial district.
h) Notwithstanding any other provisions of this By-Law, signs may be
erected for posting land; i.e. no hunting, no trespassing, etc.
(2) Residence Districts: Non-accessory Signs
a) 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~i
2. Ground signs not exceeding 8 feet in height.
b) Street banner or signs advertising a public or charitable entertain-
ment or event, by special permit from the Board of Selectmen. Such a
sign shall be removed within 7 days after the event.
(3) Business and Industrial Districts: Accessory Signs
a) all signs permitted in residence districts as provided in Sections
6.5~ and 6.52.
b) 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 ground sign structure.
c) 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.
d) Building directories (if located outside) may be affixed to the
exterior wall of a building at each public entrance. 3uch directory
6.6 Sign Regulations
(1) Illumination. No sign shall ~e illuminated ~e%ween the hom~ of
~2 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 or offending pedestrians or neighboring
premises:
a) 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.
(2) Outdoor Lighting.
All temporary or permanent outdoor lights such as those used for
area lighting, building floodlighting or sign lighting shall be
steady, stationary, shielded sources directed so that the light
source is not directly visible to any point beyond the lot lines
of the premises.
(3) L?,ter Size.
a) ?rimary signs:
J. Wall or roof sign: ~/2 inch of letter height allowed per
foot of building frontage with maximum of 7 feet. J8 inch
height allowed if the building frontage is less than 36 feet.
2. Ground sign: 18 inch maximum letter height all~wed.
b) 3econdar~ signs: 8 inch maximum letter height allowed.
c) Lo~os: T~ice letter height allowed but limited to 7 foot
maximum height
(4)
b)
Primary wall and roof signs attached to or part of the architeot-
ural design of a building shall not exceed, in total area, more
than ten percent (10'%) of the area of the two dimensional eleva-
tion of the building as determined by the building frontage
multiplied by the height.
A primary ground sign shall be limited to ~ne square foot for
each five linear feet of street frontage of the lot on ~hich the
sign is located. Ail street frontages may be used in determining
sign size.
c) A secondary sign shall be limited to one-half the area permitted
for a priemry sign.
d) ~ly one side of a double-faced sign shall be included in calculating
surface area; providing that the ~wo display surfaces are joined at
an angle no ~reater than 45 de~reeso Ail sides of multi-faced siEns,
visible ffro~ any one point, shall Be included in the calculation
B~t~'f&O e area°
(5) Sign Height and Location
a) Corner lotso The owaer of the premises shall be a11o~ed to choose
the street orientation of allowed signs.
B) No wall or roof sig~ shall extend more than four feet above the
lowest point of the roof of the building trlth which it is associated°
c) No wall or roof sign shall overhang the public way more t~- 12 inches,
d) Ground signs shall be set back a minimum o£ ten feet from all proper~y
lines and a minimum of 40 feet from all residential districts or
structures and shall Be limited in height to 20 feet above c:adeo
6.7 Prohibitions
(1) No sign shall contain any moving, flashing or animated lights, or
visitle moving or moveable parts, except such portions of a sign as
consist solely of indicators of time and/or temperature, or which have
historic significance.
(2) No sicn shall be erected, displayed or maintained: a) Upon any rock, ~ree, fence or utility pole;
b) If i~ contains any obscene, indecent or immoral matter;
c) Unless all parts and attachments and the ground about the base
thereof are kept in neat and safe condition.
(3) No sign shall be permitted or allowed to Be so located as to obstruc~
a view of the rights of way at a corner of intersecting streets or at
an entrance ~o a street.
(~) No sign shall obstruct any means of egress from a building.
(~) No sign shall detract from the effectiveness of a traffic signal.
(6) No political sign shall be maintained or erected in the town.
(7) Projecting signs are prohibited.
(8) Non-accessory signs are prohibited except for directional signs as
allowed in ~ection 6.~2.
6.8 Severabilit,y
~ne invalidity of an~ section or provision of this l~m-Law shall not
invalidate any other section or provision hereof.
Minimum let areas for uses in each distrist shall be as ~st forth in Table 2,
~ of Dimensional Requirements, which is hereby made a part off this
1 ) In determinin~ the fulfillment of the aini~ua area nd ainiau~ street
frontage of lot required in any zonin~ district, ~here shall no$ Be included
any lend within the limits of a street upon which such lot abuts even if the
fee to such street is in the owner of the lot~ except that if a corset lot
at its street corner is bounded in pa~t 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 intereeot, the area and frontage required in such
lot shall, be computed as if such potentially intersecting lines
is the whole of any cae boundary line of a lot, the minimum area and mimimum
frontage required sh~!l be determined entirely within the lines bounding
such lot, including such curved line.
2) No let, upon which is then located any building~ or with respest to which
a permit has been issued and is then ~utstanding for the ereetien of any
building, shall Be subdivided or reduced in area in a~7 ma~er unless said
lot eh:il thereafter fulfill the lot area, street frontage and yard ~pace
requirements of th~s ]M~-Law except as may be pe~-~tted ether~lse by the
provisions of a variance granted By the Board of Appeals. If land be sub-
divided, conveyed, devised or ether~iss transferred in violation hereof,
no Building permit or other permit shall be issued with referenes to ~-y
of the land so transferred or to the lot (e) retained until all of such
la~d and lo~s meet the requirements of this Zoning By-Law. An~ land taken
by eminent domain or conveyed for a public purpose for which the land could
have been taken shall not be ~eemed to be transferred in violation cf the
provisions hereof.
[.2 ~restFronta~e
][inim~m street frontage s~ll be as set forth in Table 2. In no ease shall
actual street frentage at the street line Be less than 75 feet. Cc~nsr
lots shall be required to have the required frontage o~ly on one ~trest.
ard. (sstL )
l[inimum front, side and rear setbacks shall be as set forth in Table 2, except
for eaves and uncovered steps. Buildin~ on corner lets shall have the
required front setBa~lc from beth streets except in Residence 4 District
where setback from the side street shall Be 20 feet minimum.
· ,4 B~ildin~ Heights
~=-~m heights of buildings shall be as set forth in Table 2. "Building
height" ia defined in Section 2. ~e foretoP-; l~tations of height in
feet in the zoning distriste desigaated ah~l wet apply to farm buildings
c~ farm~ of not less that ten (10) acres area, nor ,hall the~ a~ply tc
towers and other asce'ssor~ ~truotural features ummily erected
greater than the main roofs of an~ buildings, nor to domes, bell towers or
spires of churches or other buildings, provided
no way used for li~rh~ purposes, and fui'ther provided that no such structural
fe?.a~ux:e .of_any non-~_=~ufaoturing buil~ shall exoeeda height of sixty-five
d nor o.f a ,,nf, o , ng a h,i t of eighty
z~ve ~oD~ xee~ ~ ~lle grottos except ~ a variance granted By the ~ of
Appeals actin~ under ~.L. Ch. 40A.
~.~ Lot Coverage
M;-imum lot coverage By buildings shall be as set forth in ~able 2.
coverage shall mean the percent of the lot severed By principal and
accessory structures,
Lot
~,.G Floor Area Ratio
Maximum floor area ratio (FAR) shall be as set forth in ~able 2. FAR is the
ratio between the t~tal amount of building floor area on all usable floors
and the area of the lot on which it is located.
7...7 Dwelli2~ U~it Densi$[
~aximem dwelling unit density (dwelling units per acre) shall Be as set
forth in Table 2.
~.8 Exceptions
1) The residential lot a~eas and frontages above required and listed in
Table 2 shall not apply in any residence district to a~y lot of less area
or less frontage than ~Bove required if such lot be not adjoined by other
land of the same owner, available for combination with or use in ocemeotion
with such lot, provided that the a~plioant for a building permit ce~ any such
lot shall show By oitatious fron the Essex County Registry of Deeds incor-
porated in or attached to such application that such lot ~as lauxOullz laid
out and duly recorded By plan or deed prior to ~a~,,~?y ~, 1~7 and provided
that on such a lot there shall Be kep~ open and not Built upen a front yard
and a rear 2~A~d each not less ~h=, 20 feet deep, and two side yards, each
not less the~ 12 fe~t wide; and further provided, that such lo~ shall have
a minimum street frontage of 50 feet and a minimum lot area of 5,000 square
feet o
2) In Reeidsnee 4 Districts ~y, two or more vaoaat lots, mutuall~ adjoining,
may with a Special Permit from the Board of Appeals be permitted to be com-
bined into a new lot or lots of not lees than ~0,000 sq-,~e feet area each,
and with not less than 100 feet street frontage, provided it be shcem to the
Board of Appeal8 that each of said vacant lot8 before combination was of lees
area or less frontage than required herein and, By oitaticas fram the Essex
Coun%~ Registry of Deeds, that each mmh lot wan lawfull~ laid out and ~
recorded By plan or deed prior to ~anua~ ~, ~7 and the Building ~nspeotor
s~_-_ll permit the construction of one single famil~ dwelling on each such
~0,000 squ~re foot lot.
3) Notwithetandin~ any other provision of law, no amendment to this
By-Law ehall ~pply to or affect the sise, shape, or ffroatage of any lo~
shown o~ a plan of a subdivision as defined in Seotion 81-L of Chapter 41
of the ~e~era! La~s if the plan of such subdivisi~n has Been finally
approved by the Plannin~ Board and duly recorded pursuant to said Chapter
41 prior to suol~ Zoning By-Law amendment, for & period of five years frc~
the date of endorsement of the definitive plan by the Planning Board.
Tabb 2
~UMMARY OF DIMENSIONAL RF. QUlREMENI~
RN. 1 ##.~ M.I Ret, 4 #N.S~'?1 B.a. 1 M,~? M.$ 1~.4 ~ IM.~ ~2 ~ IM. 8.
M.
Lot A~ -- Min. ~,~ 43,~ 25,~ 12,~ ~,~e ~,~ ~,~ 1~,~
Heigh~ miximum ~5 ~ ~ 35 ~ ~
minimum (lt.)
Front Setback ~ ~ ~ ~e ~ ~ 25 1~ ~ ~ 1~1o
minimum (tt.J
mi~mum (lt.) 252
Rear setback -- 30 ~ ~ ~ ~ ~ 2 ~ 2 ~ 3
minimum (ft.)
Floor Area N/A N/A NIA NIA 0.75:1 0.~:1 0.75:1 0.~:1 1.~:1 NIA 0.~:1 0.~:1 0.~:1
Ratio -- maximum
Lei Coverage -- NIA NrA NIA NIA ~% ~% ~% ~% ~% ~%~1
maximum
~el/Ing Unit NrA N/A N/A NIA Multi- NIA N~A NIA
~nsily -- NIA N~A NIA NIA NIA NIA
Maximum/acm family 12
Town.
~u~ 7
1. Front setback shall be a minimum of 100 feat along Route 114, regardless of district, and 100 feat along Route
125 in Industrial I and 2 Districts; the first 50 feat of front setback under this requirement shall be planted
and landscaped and no parking shall be permitted.
2. AdjaCent to residential districts, an additional 15 feet aide or rear setback shall be provided. This additional
setback area shell be maintained open and green, and suitably landscaped, unbuilt upon, unpaved and un-
parked upon. In the Business 2 District the side yard requirement may be eliminated when two adjoining
property owners agree to share a party wall.
3. Adjacent to residential district (including those In bordering towns), an additional 50 foot aide or rea~aetback
shall be required. This additional' setback area shall be maintained oben and green, and suitably landscaped,
unbuilt upon, unpaved and unparked upon.
4. If an enclosed parking structure is provided, lot ooverege may be increased up to the amount of such parking
area but not to exceed a total coverage of 45%.
5. Minimum lot size for a townhouse complex shall be 43,560 square feat although individual townhouse lots
may be a minimum of 3,000 square feet. Minimum lot size for an apartment complex shall be 60,000 square
feet.
6. Dimensional regulations for townhouea complexes shall meet the recluiroment Of the Residence 5 District;
individual townhouses within the complex, however, shall be regulated ss follows:
Minimum Street Frontage: 18 feet Minimum Rear 8etbaok: 30 feet
Minimum Front Setback: 30 feet Maximum Floor Area Ratio: 1.20:1
Minimum Side Setback: none required where S patty wall ia Maximum Lot Coverage: 35%
Constructed between units; otherwise Maximum Number of
a 25 foot side eatbe~k shall be Contiguous Units: 10
provided.
7. The following eddltlonal requirements shall apply when apartments or townhouse complexes are constructed
in this district:
(a) There shall be a pavecl driveway or paved walk adequate to accommodate emergency vehicles within 50
feat of the outside enlracs of each dwelling unit.
(b) Any road providing access to townhousea or Iota intended for townhouaes shall conform to the sub-
division control regulations of the Planning Board
(c) Any road or driveway providing principal eoceas to more than 18 apartment dwelling units or more than
24 parking spaces shall conform to appropriate provisions of the subdlvisldns central regulations es If it
were a minor residential street. Before issuing · building permit In such cases the Building Inspector
shall obtain & report from the Planning Board on the extant of such conformity.
(d) Maximum height (apsrtmant building): 40 feet,
(e) Maximum storiaa of living quarters (apartment building): 3.
(f) Maximum units per Mruoture (apmlment building): 18.
8, In Residence 4 Districts only, front eetbook may be the average of all front setbacks of dwelling units Within
~0 feet on either aide of lot. Buildings on comer Iota Mtall have the required front setM from both 8treats
except In the Residence 4 Districts, where zetbeak from the side street shell be · minimum of twenty feet.
9, Nursing and convalescent homes ~tall have al least 500 equate feet of lot ~ pe~ bed, Minimum kit size for
such homes In R1, P.2, end R3 Distrlots shall be 2 acrse.
,o. .,,. ,........... ,he ....., he ua.. ·
w, IIllTi~ll. IrMa MJa~lt reeldantial use of Ixlbli~ roadway.
11, ~_a_.pu,?~ ..sen~..iry dl..%ooaM alta ia the I)dmMy uae an inm~M~ up W 1Q0% of the IM oov~ ~h~lt
alaf~/~ nOT InGlU(llng tnl sell)l~k N,
Seotion 8
8,1
Off-~reet Par~ n~
1 ) ~heaever a buila4ng is ereoted, reoouetruoted, moved or expanded so as
to increase its floor area and/or design capaoity, there shall Be provided
on the same lot with 8uoh bailding or on a lot contiguous thereto (or
with~- 100 feet thereof) in the same ownership as the paroel containing
the pr~m_n_~y use, a sufficient number of open or covered parking ~paces
to satisfy the requirements of the following schedule for the new Building
or increased design oapaoity of floor area:
Us._~ee
One or two-family residence.
Three or more family residence
(includin~ apartments).
All other places with sleeping
acomnodations inoluding ro~ning
houses, hotels, motels, hospitals,
nttrsing homes, etc.
Auditoriums, theaters, athletic
fields, funeral parlors, and other
places of assembly.
M4ni=om Spaces Re,sired
One space per dwelling
1.~0 epa~es per dwelling unit of two
or more Bedrooms. 1.25 spaoes per
dwelling unit of less than two. Bedrooms.
0.~0 spaoee per dwelling unit for units
designed and oocupied for the elderly
under government assisted programs.
One space per sleeping room for s~-81e
or double ooou~anoy. (If occupancy
exoeeds two per room, one space per
beds sh~l Be provided.)
One space for each four persons based
on design ~pe, oity of the facility.
Restaurants and other eating and
dr~n_~4_ug places.
One 8paoe for each three seats.
Retail store and 8ervioe
establishments,
Six spaces per 1,000 squ~e feet of net
ground floor area (excluding storage
area), e__Yc_spt five spaces per 1,000
sq,.~e feet of net ground floor area
(exoluding storage area) in Business
1 and 2.
Offioes, remearoh facilities.
i/arehousing, wholesaling,
distributing.
In addition, me-half the requirements
for uses on the first story shall be
required for eaoh additional story.
Three spaces per 1,000 square feet of
net floor area (exoluding etornge area).
One spaoe per 1,000 squ~e feet of
groos floor area.
Manufacturing, assembly, fabricating, etc. One space for eanh two e~ployeee
in the naximum vorkin~ shift or
cae space for ee~h ~,000 square
feet of ~ross floor area, which-
ever is greater.
2) The required parking for an~ two or more uses or structures na~ be
provided By the allocatica of the total of the various spaoes required
for each use or structure in a c~mcn parking faoility, cooperatively
established and operated.
3) The regulations of this section sha~l not apply to non-residential
uses or structures whose minimum parking under the above schedule would
amount to five parking space8 or less or residential uses or structures
~hose minimum parking would amount to two l~Lrking spaces or less.
4) If the Building Inspector is unable to identify a use eith cae or
more of %he uses in the above schedule~ applicatica shall be made to
the Board of Appeals for the purpose of deter~ining a sufficient
~,a~tity of parking spaces to acccenedate the automobiles of all
ouetcmers, employees visitors, occupants, members or clients ocasistent
with ihs provisions co. rained in the above schedule.
5) The Board of Appeals ma~ By variance make ex~ep%icas to the provisica8
of this section and, upo~ a written request of the owner and after &
publio hearing, authorize the Building Inepeotor to issue permits for
buildings and uses having less off-street parking than specified herein,
whenever the ~ard of Appeals finds that under normal oirctunstaaces such
lesser off-street parking area would adequately provide for the needs of
all persons using such Building. Such exception may Be limited aa to
time, uss or intensity of use.
6) A parking space shall mean an area of not less than 9 x 18 feet
acoessible over unobstructed driveways. These spaces shall be graded
and p~v~d for all except one or two family residential uses.
7) l~or multi-family dwellings the front yard shall not be used for
parking purposes.
8) In all residential districts the front yard sb&ll nos be used for
parking for accessory uses.
9) In residence districts parking or outdoor storage of ese recreational
vehicle (camper, etc. ) and cae Boat per dwelling unit ma~ be permitted
ia an area to the rear of the front line of the building. All other
recreational vehicle and boat storage (if an~) shall be wit~ closed
structures.
10) Loading facilities previded for any use sh&ll Be sized, located,
arranged, and of ~uffioient number to allow service by ~he t~pe of
vehicle oustcmarily expected for the use while suoh vehicle ts parked
completely clear of any public way or sideualk.
11 ) In rewidonoe districts garagi-_$ or off-street p~rking of not more th,.
four meter vehicles per dvelling unit ~_.v Be per~tted, of which four me, or
vehicles, not more than two ma~ Be commercial vehielen o~her than passenger
sedans and passenger station wagons, but no~ counting farm trucks nor
motor-powered agricultural implements on an agriculturally active farm or
orchard on which such vehicles are parked. Co~eroial vehicles in excess
of one ton capacity Sh~_ll Be garaged or screened fro~ view of residential
uses within three hundred fee by either:
a)
b)
o)
A strip at least four feet wide, densely planted with trees or
shrubs which are at least four 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 feet high within three years, or
An opaque wall, barrier, or fence of uniform appearance at least
five feet high, but not more thaa seven feet above finished grade.
~uoh screening shall Be ~-tained in good condition at all times,
and sha_ll no~ be permitted to exceed seven feet in height within
required side yards. ~uoh screening or barriers may be interrupted
by normal entrances or exits and shall not be required within ten
feet of a street lot line.
~ar~ging or off-street parking of an additional two commercial vehicles
may be allo~ed by Special Permit.
When it is deemed to be in the public good, parking for additional
pleasure vehicles ~ay be allowed by ~peoial Permit.
8.2 Autc~obile Service ~tations and Other Aut~otive Services
Autc~oBile service and filling stations, aut~obile 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 50 feet of any residence district or residence structure.
In addition, the use or structure shall conform to the following require-
ments (in addition to district requirements).
The minimum frontage ca a street shall be 150 feet.
2) The ~aximum width of driveways and curb cute measured at the street
lot line or lines eh-il be 30 feet; the minimu~ width shall be 20 feet.
3) The minimu~ distance of driveways, measured at the street lot line
or lines shall Be as follo~s:
a) Fro~ corner lot line:
b) Fr~ interior lot line:
o) Fro~ other drive~a~ on as~e lot:
20 feet
10 feet
20 feet
4) The minimum set~ of anZ building from all street l~t lines shall Be
40 feet.
5) The minimum setback of gasoline pu~pe ~ all street lot lines
shall be 12 feet.
6) A raised concrete or g~anite curb at least six inches in height shall
be constructed along all lot lines except at driveway opening.
7) Properties in residential districts or an~ residence structures
which abut an autc~aobile se~-v£ce station or other automotive service
shall be protected fr~ headlight glare by either.'
a) A strip at least four feet wide, densely planted with trees
or shrubs ~hioh are at least four 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 feet high within three years, or
b) An opaque wall, barrier, or fence of uniform appearance at least
five feet high, but not more than seven feet above finished grade.
c) ~uch 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 ~h~ll not be required within ten
feet of a street lot line.
Section 9 NONCONi~ORMING USES
Continuance
Any nonconforming building, structure or v~se, 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 maybe continued subject to the provisions of
this By-Law. Any lawfully nonconforming building or structure and any lawfully
nonconforming use of building or land maybe continued in the same kind and
manner and to the same extent as at the time it became lawfully nonconforming,
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 maybe 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 finding by the Board of
Appeals, that such change, extension or alteration shall not be substantially
more detrimental tb~,~ the existing non-conforming use to the neighborhood.
~.2 Alteration or Extension
Au se, or structure housing au se, ~faioh does not conform%o the regulations of
this By-Law, but which did conform to all applio&ble regulations ~hen initially
established shall not be changed, extended, or enlarged except in accordance
with the following provisions~
1) Such~ge shall Be approved byaspeoi&l permit or othermtseby
the Board of Appeals.
2) Such change shall be per. fred only upon the same lot occupied by the
nc~-ocafor~ing use c~ the date that it Became nc~-conforming.
3) Any increase in volume, area, or extent of the non-conforming use shall
not exceed an aggregate of more th-~ 25 percent of the original use.
4) No change shall Be permitted which tends to leng~,hen the eoonc~ic life
of the noaoonformity lc~ger th=n a period reasonable for the a~ortizatim
of the initial investe~nt.
9.3 Reb~ildin~ After Catastrophe
Any nonconforming Building or structure destroyed or de.ged by fire, flood,
lightning, wind or otherwise to the extent of sixty-five (6~%) peroe~t or more
of its re]~reduction cost at the time of such da=age shall not Be rebuilt,
repaired, reconstructed nor altered except for & pttrpose permitted in the
zoning district in which such buAlding is lec~ted, or except as ~y be per. itted
By a spenial per.it or otherwise by the Board of Appeals acting under ~.L.
Chapter 40A.
~.~ Abandoument
If an~ laefully nonconfor, ttng Building or use of a Building or lead 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 Audover Zoning By-Law in the district
in which it is located, it shall thereafter continue to conform.
5action 10 AI~I~IST~ATI~
10.1 Eaforoe~ent
The North Andover Zoning By-Law shall Be enforced by the North Andover Building
Inspector. The Building Inspector, upon Being ~_~'ormed in writing of & possible
violation of this By-Law or on his o~n initiative, shall make or cause to Be
.~de an investigation of facts and an inspection of the premises where such
violation may exist. If the Building Inspector is lc informed in writing aud
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
fro~ taking any action. The ~tilding T~spector, on evidence of any violatim
after investigation and inspection, shall give written notice of such violation
to the owner and to the occupant of such premises, and the B~ilding Tnspector
shall dea~nd in such notice that such violation Be abated within such resemble
time as ma~ be given by mail addressed to the o. ner 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 pre~ises of such seeming violation.
If, after such no, ice and de,~ud, such violation has not Been abated within the
time specified, the ])uil&~n~ Znspector or the Selectme~ shall institute appro-
priate action or proceedings in the name of the To~n of North Andover to
preveat, correct, restrmin or abate any violation of this By-Law.
J.O. 11 Buildin~ Permit
No building shall be erected, altered, moved, rased or added to in North Andover
~ithout 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 By-Law (and other applicable to~n by-laws) except as ~ have Been
specifically permitted otherwise by action of the North Andover Board of Appeals,
provided a written copy off the terms governing any exception so perm/fred be
attached to the application for a building permit and to the bu/lding permit
issued therefor. One copy of each such permit, as issued, including any
cc~ditions or exceptions attached thereto, shall Be kept on file in the office
of the Buildi~ Inspector.
In addition to the infor~tion required above, a plot plan shall indicate
provisions for ail other ph~ical requirements of this By-Law, including hut
not limited to off-street park/ng, screenip~ and fencing.
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 Occupanc~
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 bu/lding ox' land changed from one use
to another, in whole or in pe~, shall be occupied or used until a certificate
of use and occupancy has been issued by the Building Inspector. This certifi-
cate shall certify compliance with the provisions of this By-Law and of all
applicable Codes. (1974)
10.13 , Penalt,y for Violation
~hoever violates a~y provisions of this By-Law shall be punished by a fine not
exceeding $20.00 for each offense. Each day that such violatien continues shall
constitute a separate offense.
10.2 iBoard of Appeals
10.21 Appointment and Organization
There shall be a Board of Appeals of five Members and not more than tl~ree Asso-
ciate 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 By~La~ and other
matters referred to such I~rd by statute. The Board of Appeals Meml~ers and
Associate Members shall he appointed by the Selectmen in the m~nner provided
by statute.
Within two (2) weeks of the Beginning of each ealendar yea~, the Z~ing Boa.~d
of Appeals sha/1 organize and elect a Ch~_~r~m~n and Clerk from ~ithin its o~n
membership.
The leagth of terms of the meabere of the Board off Appeals s~all Be ~uoh
that the ter~ off cae member expires each year. A ~e~Ber of the Board of
Appeals may be ren~ved for cause by the Board of Selectmen o~ly after ~ritten
cbs-gee have Been ]~u:le a~d a public hearing has Been held.
Vacancies caused By dis~iesal, resignatio~, death or a~ other cause, 8hall
be filled in the same manner as Zoning Board of Appeals me~Bers are appoin%edo
10.22 Ps. ere 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 ~hich the Board of Appeals is required to act upon
under this By-La~.
10.~1 Conditions for Approval of Special Per.it
1 ) The Special Permit Oranting Authority shall not approve a~v such
application for a Special Permit unless it finds that in its judgment
all the following conditions are
a) The specific site is an appropirate location for such a use,
structure or condition;
The use as developed will not adversely affect the neighborhood;
c) There will Be no nuisance or serious hazard to vehicles or
pedeetriane;
d) Adecfu~te and appropriate facilities will be provided for the
proper operation of the proposed use;
e) The Special Permit Graati~ Authority shall not grant any ~pecial
Permit unless they make a specific finding that the use is in
harmony ~ith the general purpose and in~en~ of .this By-I~w.
2) In approving a Special Permit, the special Permit ~ranting Authority
.~_y attach such conditions and safeg..~-~de as are deemed necessary to
protect the neighborhood such a~ but not limited t~ the following:
a) Requirements of front, side or rear yards greater th=~ the
minimum required by this By-Law;
b) Requirenen~s of screening parking areas or other parts of the
premises frc~ adjoini~ premises or frem the street, by walls,
fences, planting, or o~her devices as specified by the special
Permit ~ranting Authority;
e) Modification of the exterior features or appearaaoee of the
~t~uoture ~
d) Limitation of size, number of oconpente, nethod or tine of operation,
or extent of faoil~ties~
e) Regul~+~ion of number, design, and location of access drives or other
traffic features.
3) Special permit granted under the provisions oon%~_~-ed herein shall be
deemed to h~ve lapsed after a two-year period f~om the date on which the
special permit Yes graAted unless subst-~tial use or construction has
commenced. If the applicant can show good cause vh7 8ubs%antial use or
construction has not commenced within the fcc-Fear period, the Special
Permit Granting Authority, as its descretion ma7 extend the special
permit for an additional one 7ear period. Included within She two-year
period stated above, is the time required to pursue or Yait the determina-
tion of an appeal from the provisions of this BT-Las.
4) The Special Permit Granting Authority m_~y, 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.
Within n nety (9O) fono g the dats of tbs public hearing,
the Special Permit Orant~ Authority sh~] 1 tske final action in
matter in order to issue a~V special permit provided for in this Zoning
By-Law, there shall Be at least four of the five members of the greeting
authority voting in favor of issuing the special permit.
6) A special permit granted under the provisions of this BT-Law ~h~_ll not
take effect until~
a) the Torn Clerk certifies on a copy of the decision tk~__t twenty (20)
days have elapsed without filing of an appeal or that any appeal filed
~as been dismissed or denied~
b) the certified decision has Been recorded at the owners expense in the
Essex County Registry of Deeds, indexed in the grant or index under the
name of the record ovner, and noted on the ouners certificate of title;
o) if the special permit involves registered property, the decision,
at the owners expense, shall also be filed with recorder of the Land
Court.
?) The Special Permit Granting Authority shall cause to be made a detailed
record of its proceedings indicating the vote of each member u~on each
question, or if' absent or failing to vote, indicating such fact, and setting
forth clearly the reason or reasons for its decision of its offinial actions,
copies of all which eh~.ll be filed within fourteen (14) days in the office
of the Torn Clerk and shall be a public record. Notice of the decision
shall Be mailed forthwith to the petitioner or applicant, to the patsies in
interest design&ted herein, and to every person present at tho hearing vho
requested that n~tice was to Be sent. Each notine shall speoif~ that
appeals, if a~v, shail Be ,ads pursuant as to Section 17 of ch_-.pter 40A
and shall Be filed within twenty (20) day~ after the date of filing of
such notice in the office of the To~n Clerk. The decision shall also
contain the names and addresses of the c~ner and identification of the
land and/or structures affected (if a variance co~plies with the statut-
ory requirements for issuing variance). Certified copies of the deci-
sion shall be filed with the appropriate Special Permit aranting
Authority and the To~n Clerk.
10.~,2 Tomporar~ ?ermit
The Board of Appeals may grant a temporary special permit flor use or occupancy
permit for a period of no~ more th-,', one year at a time, subject to a single
renewal. Such permits shall be subject to conditions imposed by the Board
related to safegu~rding the character of the district affected and shall Be
processed in accordance with the procedures provided herein for the granting
of .~pecial Permits.
JP.4 Variances and Appeals
The Zoning Board of Appeals shall have the power upon appeal to grant variances
fro~ the terms of this Zoning By-Law where the Board finds that o~ing to
circumstances relating to soil conditions, 81ope, or topography of the land
or structures and especially afffecting such land or structures but not affect-
ing generally the zoni~ district in general, a literal enforcement of the
provisions of this ]~y-Law will involve substantial h~_~hip, financial or
otherwise, to the petitioner or applicant, and that desirable relief may be
granted without substantial detriment to the public good and ~ithout nullify-
lng or substantially derogating from the intent or purpose of this By-Law.
Additionally, an appeal may be taken to the Zoning Board of Appeals as provided
herein by a person aggrieved By reason of his inability to obtain a permit or
enforcement action from the Building Inspector, By the Merrimack Valley Planning
Co~ission, or by any person including an officer or Board of the ?o~n of North
Andover, or an abutting city or to~n, aggrieved by any order or decision of the
Building Inspector or o~her administrative officials in violation of any provi-
sions of this By-Law.
Any petition for an appeal above, must Be taken within thirty (30) c~ 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.
1 ) No petition for a variance or appeal shall be granted until a public
hearing is held on the ~atter By the Zoning Board of Appeals within sixty
-five (65) ~ after the Zoning Board of Appeals receives the petition
frc~ the Town Clerk.
2) ~he Zoning Board of Appeals must m~e its decision on & petition for
a variance or appeal'within seventy-five (?~) days after the date of the
petition is filed with the To~n Clerk. In order to grant a petition for
a variance or an appeal, four of the five members of the Board must concur.
If the ~oning Board of Appeals fails to act within the time limits specified
herein, the petition for a variance or appeal sh~__ll be deemed granted.
a) ~n the case of a variance, the Son4~ Board of Appeals ~ay impose
conditions, safeguards and limitations of time a~d use, however,
these conditions cannot require continued ownership of the land or
structurs to which the variance pertains By the applicant, petitioner
or owner, l~r~hermore, if the rights authorized by the variance are
not exercised within one year of the date of the grant, they shall
lapse and may Be re-established only after notice and a new he.ring.
3) The Zoning Board of Appeals shall cause to be ~de 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 fourteen
(14) days in the office of the ?own Clerk and shall Be a public record.
Notice of the decision shall be mailed forthwith to the petitioner,
applicant or appellant, to the parties in interss~ 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 inthe
office of the Town Clerk. The decision shall also contain the names and
addresses of the owner, a~d identification of the land and/or ~tructure
affected (if a variance procedure - how the v~riance conplies with the
statutory requirements for issui~ a variance). Certification that copies
of the decision have been filed with the Planning Board and Town Clerk
are recfuired.
10.~ Amendments to Zonin~ B~'-Lsw
This By-Law shall be adopted and shall be amended from time to time By a two
-thirds vote at an annual or special town meeting. Amendments to this By-Law
may Be initiated by submission of the amendment to the Board of Selectmen By
any of the following: A) ~ 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 purusant to Section lC, Chapter 39 of the
M~ss. Goner~l L~ws; E) by ~he Planning Board; F) by the Merrimack Valley
Planning Commission.
10.~1 ~ubmission of Amendment to Planning Board
Within fourteen (1~) days of the receipt of an application for an amendment to
this By-I~w, the Board of Selectmen shall sut~nit the proposed amendment to the
Planning Board for review.
The Planning Board shall hold a public hearing on any North Andover Toga #meting
Warrant az-ticle to amend the Zoning By-Law or the zoning map and shall report
its reo_~.endations thereon, if a~, to the ?own Resting.
Each ~arrant article to change the zoning map shall explicitly state the
nature, extent and location of the ~ap change proposed and shall be accoa~-
panied by:
1) Three Blackline prin%s of a dia.-am to scale showing and
stating clearly the dimensions in feet of the land area proposed
to be ohan~ed aa to
2) Also a sketch or other explicit identification of the location
of such land in relatic~ to the majority of the rest of the
10.52 Public Hearings
l~ithin sixty-five (65) days after receipt of a proposed amendment fro~ the
Board of -~electmen, or within sixth-five (65) days after the receipt of an
application for a special permit the Plan~ing Board or the Zoning Board of
Appeals, as the case may Be, shall hold a public hearing, notice of which
shall be published in a newspaper of general circulation covering the Town
once in each of two successive weeks. The first publication may not be less
tbs. fourteen (14) days before the day of the hearing, (the date of the public
heari~ shall not Be counted in the four~een (14) da~s.
Additionally, notification of the public hearing shall Be posted in a conspi-
cuous place in the North Andover ?o~n Hall for a period of not less than
fourteen (14) days before the date of the hearing. Purther, notification of
the public hearing shall Be sent to the M~_usaohusetts Department of C~muity
Affairs, Rerrimack Valley Planning Commission, and Planni~g Boards of all
abutting cities and to~ns prior to public hearing date. Notice of the public
hearing shall include= 1) the time and place of hearing, 2) the subject matter,
3) the place where texts and lps a~y Be inspected.
10.53 Report B~ Plannin~ Board
No vote to adopt the proposed amendment shall be taken by the ?o~n Reefing until
the report with recoe~aendations by the Planning Board has Been sul~nitted to the
Town Meeting or until twenty-one (21) days after said hear!~ has elapsed without
sul~aission of said reports or sul~aissions. After such notice, hearing and report,
or after twenty-one (21) days shall have lapsed after such hearing, without sub-
mission of such report, the ?o~n Meeting (annual or special) my adopt, reject,
or amend any such proposed amenchaent.
10.~ Failure to Adopt
If the Town Reoti~g fails to vote to adopt any proposed by-law amendment within
six mo~ths after the hearing dosoribed heretofore no action shall be taken thereon
until ai~ter a subsequent public hearing is held with notice and report as hereto-
fore provided.
t0.55 Repetitive Petitic~
If any proposed by-la~ a~end~ent thereto ie acted upon unfavorably by the Torn
Meet~-~ (annual or special) it sk~__ll not Be acted upon again for a period of
two yea~ fro~ the date of the ~avorable action unless the Planning Board
rooo~ended in favor of the petition in the report.
In accordance with Chapter dOA no claim or invalidity of this B~-Law or any
amendment to this By-Law arising out of a possible defect in the procedure of
adoption or amendment she/1 be erode in an~ legal proceeding and no state,
regional, county or municipal officer, shall refuse, deny or revoke any permit,
approval or oertifficate because of any such claim o1' i~v~lidity unless such
claim is made within one hundred twenty (120) days after the adoption of the
By-law or amendments
Notice specifying the court, parties, invalidity claim, and date of filing ls
filed t~gether with a copy of the petition, with the Town Clerk within seven
(?) days after commencement off the action°
,~.0,°~7 Effect of Subs. equent A~_menc~nents
In the case of amendments to this By-Law or changes in the districts or the
boundaries subsequent to the date this By-Law Becomes effective, the right to
continue the use or m~intenance of any building, structure or premises ~hioh was
lawful when such amendment or change, except as provided By statute, specifioally~
that construction or operations under a building pemit or special permit shall
conform to any subsequent amendment unless the use or construction is commenced
within a period of not less than six (6) months after the issuance of the permit,
(the date of issuance sh~ll be considered to be date on which the Building permit
was issued or in the case of a special permit, the date on which the Planni~
Board voted final action) and in cases involving construction unless such
construction is continued through coerpletion as continuously and expeditiously
as is reasonable.
10.6 Cgnflict of Laws
In general, this By-Law is supplementary to other North Andover By-Laws affecting
the use, height, area and location of buildings and structures and the use of
premises. Where this By-Law 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 By-Laws, the provisions of this By-Law sB~_ll control.
)..0.7 Validity
The invalidity of any section or provision of this By-law shall not invalidate
any other section or provision thereof.
10.8 Repetitive Psti~ion..s,
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 applioatiou on the same
m~tter may be heard and acted favorable upon for a two year period unless the
following conditions are
In the case of 1) above, four of the five members of the Planning Ik~ find
that these are specific and mterial changes in the conditions Clam ~inh the
previous unfavorable action was Based, and describes suah changes in the reoord~
of its proceedings, an~ only a/~er a public heart_~ at which such cc~sent will
Be ooneiiered and after notice is given to parties in interest.
In the case of ~-) above, the Zc~t~g Board of Appeals may no~ act favorably
upon a petition which ha~ ~eea previously doni~d within a two year period of
time unless four of .the five ~ember8 of the ~.oning Board of Appeals find that
there are specific and nt~terial oha~ge8 in the oonditic~e upc~ which the
previous unf~vor&ble action was Based and describes such changes in the records
of its prooeedinge 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 wiX1 Be ooneidered and after notice is given to pa~ies in interest and
only with four of the five members of the Planning Board voting to grant consent,
~0.~ With...drawal Without Prejudice
Any petition for a variance which has been transmitted to the Zoning Board of
Appeals or a~y application for a special permit which has Been transmitted to
the Pl~uning 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
~ of Appeals or Planning Boa_~d respectively.