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HomeMy WebLinkAbout1956 WARRANTTOWN OF NORTH ANDOVER WARRANT SPECIAL TOWN MEETING JUNE ~0, 1956 TOWN OF NORTH ANDOVER WARRANT COMMONWEALTH OF MASSACHUSETTS ~,SSEX. SS: To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of North Andover, qualified to vote in Town Affairs, to meet in the Veterans Memorial Auditorium of the High School in said North Andover on Saturday, the thirtieth day of June, 1956 at one-thirty o'clock P.M., then and there to act on the following business: ARTICLE 1. To see if the Town will vote to amend both the 1943 zm~ing bylaw words and the 1943 zoning ma.p as hitherto amended from time to time, by substituting in their place all or so much of the May 1956 revised zoning map.a]rd all or so ma~y of the May 1956 revised zoning bylaw prov~smns stated below as the Town may adopt or {further amend and adopt, provided that if any portion of the May 1956 revised map and provisions shall not be adopted or not further amended and adopted, the most nearly corresponding provisions of the 1943 zoning words and zoning map as previou, sly amended shall continue in force in sunvlement to and not ~n conflict with so mud~ of the May 1956 ~r~vised provisions and map as may be adopted or further amended and adopted by the Town, and provided that the Town lvleeting shall have liberty to adopt, amend and. a. dopt, or reject any or all of the May 1956 revised zoning prowsmns and zoning map proposed below, includirig without limiting the gener~'~.lity o[ the foregoing the lot size requirements proposed, the zoning district boundaries proposed, thc land use regulations proposed and the number, kind and names of zoning districts proposed. I NORTH ANDOVER ZONING BYLAW CONTENTS Section 1: Purposes Section 2: Definitions Section 3: Zoning Districts and Boundaries Section 4: Building and Uses Permitted and Application of Regulations 4.01 In All Districts 4.02 Lot partly in North Andover, part elsewhere. 4.03 Lot partly in one zone, part in another. 4.04 Non-conforming Uses. 4.05 Non-conforming Uses. 4.06 Non-conforming Uses. 4.1 All Residence Districts. 4.2 l~eighborhood Business Districts 4.3 General Business Districts 4.4 Industrial Districts. 4.5 Motels 4.6 Outdoor Lighting Section 5: Earth Materials Removal. Section 6: Lot Areas & Let Widths Required and Specific Exceptions Rural Residence Country Residence Village Residence Neighborhood Business General Business Industrial Motels Section 7: Yard Spaces Required Rural Residence Country Residence Village Residence Neighborhood Business General Business Industrial Motels Section 8: Building Heights Permitted Section 9: Board of Appeals, Powers & Duties Section 10: Zoning Amendments Section 11: Enforcement Section 12: Conflict of La~vs, Validity and Severability. 2 NORTH ANDOVER ZONING BYLAW May, 1956 SECTION 1: PURPOSES For the purposes set forth in iV~assachusetts General Laws Chapter 40A and all acts in amendment thereof and in addition thereto and under the authority thereof and of General Laws Chap- ter 143 and any other enabling laws, the inspection, materials, con- struction, alteration and repair, height, area, location and use of buildings and structures and the use of land throughout the Town of North Andover are hereby regulated as herein provided, and the Town is hereby divided into districts as hereinafter designated, de- fined and described, and shown on an official copy of the zoning map, dated June, 1955, as amended, on file with the Town Clerk, which map is hereby made a part of this Bylaw. SECTION 2: DEFINITIONS For the purposes of this Bylaw, the following words and terms as used herein shall have the meanings or limitations of meaning hereby defined, explained or assigned: 2.1 FAiYIIL¥. Any number of individuals living together in one suite of rooms as a single housekeeping unit, and having one principal cooking and food storage outfit in common among them in such suite. 2.2 ONE-FAMILY D1VELLING. A d,velling built singly and apart from any other building and intended and designed to be occupied and used exelusively for residential purposes by one family. 2.3 TWO-FAi'*IIL'g DWELLING. A free standing building in- tended and designed to be occupied and used exclusively for residential purposes by each of not more than two families. 2.4 LOT, An area of land in one ownership with definite boun- daries ascertainable by recorded deed or plan and used or set aside and available for use as the site of one or more buildings or for any other definite purpose. 2,5 STREET. A public way, or a private way open fo travel by the general public, or a way shown on a plan of a subdivision theretofore duly approved by the Planning Board. 2,6 BUILDING. The word "building" shall include the word "structure," unless the context unequivocally indicates other- wise. 2.7 ERECTED. The word "erected" shall include the words "built," co~truc~ecl, "reconstructed," "altered," "enlarged," and "moved." 2.8 ~TORY. That portion of a bu. ilding contained between any floor and the floor or roof next above it, but not including the lowest portion so contained if more than one-half of such por- tion vertically is below the mean finished grade of the ground adjoining such building. 2.9 tttALI~ $~ORY. A story directly under a sloping roof in which the points of intersection ot the bottom of the rafters with the interior faces of the walls are less than three feet above the floor level. 2.10 FRONT YARD. An open space extending across the entire width of a lot between any building thereon and the street lot linc of the lot on which such building stands. 3 2.11 REAI~ YARD. 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 which such building stands. 2.12 SIDE YARD. An open space between the side line of a lot and the adjacent side of any building thereon, such open space being understood to cover the entire extent between the front yard and the rear yard on such a lot. 3.1 3.2 3.3 3.4 SECTION 3: ZONING DISTRICTS AND BOUNDARIES The Town of North Andover is hereby divided into zoning districts designated as follows: RURAL RESIDENCE DISTRICTS COUNTRY RESIDENCE DISTRICTS VILLAGE RESIDENCE DISTRICTS NEIGHBOP~-IOOD BUSINESS DISTRICTS GENERAL BUSINESS DISTRICTS INDUSTRIAL DISTRICTS In the event of any discrepancy between the boundaries of the zoning districts as shown on the official map and as here- inafter described or defined, the descriptions hereinafter set forth shall govern, as amended. BUR2~I~ RESIDENCE DISTRICTS. Every part of the Town of North Andover not otherwisc hereinafter designated Coun- try Residence, Village Residence, Neighborhood Business, General Business or Industrial District is hereby expressly declared to be in Rural Residence District. COUNTRY RESIDENCE DISTRICTS. 3.41 That part of North Andover tmvnship surrounding the old colonial North Andover Center and extending be- yond to the particular boundaries recited below, ex- cept such areas within said Country Residence zoning district boundaries as may subsequently be duly de- eiared to be in any other kind of zoning district. Northeasterly and easterly by the thread of Stevens Mill Pond beginning at Stevens street; Easterly and northeasterly by the location line of the former railroad right of way (in 1955, used as an electric power line right of way) from its crossing over the thread of water inflow to Stevens Pond to a point on said location line 250 feet northwesterly from Marbleridge Road center line; Generally easterly by a line parallel to and 250 feet westerly from the center line of Nlarbleridge Road be- tween said former railroad location line and a point on the center line ct Johnson Street, 250 feet north- westm'ly from the center line of Marbleridge Road; Southeriy by a straight line connecting the point afore- said on the center line of Johnson Street and a point on the center line of Turnpike Street 250 feet north- westerly from the center line of Hillside Road; Southeasterly by a tine parallel lo and 250 feet north- westerly from the center line of I-Iillside Road, between Turnpike Street and the Andover town line; Southwesterly by the Andovcr-North Andover town line between Hillside Road and Waverly Road; Northwesterly and westerly by the various courses 4 3.42 of the North Andover town line, from the Andover- Lawrence-North Andover common boundary point on or close to Waverley Road, to a point on the North An- dover town line about 150 feet southerly from the center line of Greene Street; Northerly and northeasterly by a line parallel to and 150 feet southerly from the center line of Greene Street, between the Lawrence-North Andover boundary and Linden Avenue; Easterly by a line parallel to and 100 feet westerly from the center line of Linden Avenue; Southerly by a line parallel to and 100 feet southerly from the center line of Woodstock Street and said line extended tangent easterly to Massachusetts Avenue; Northeasterly by that portion of the center line of Massachusetts Avenue between its intersection with a line parallel to and 100 feet southerly from Woodstock Street center line extended, and Checkering Road; Southeasterly by Chickering Road center line between Massachusetts Avenue and Phillips Brooks Road; Northerly by the center line of Phillips Brooks l~oad between Massachusetts Avenue and 0sgood Street; Westerly by the center line of Osgood Street between Phillips Brooks Road and Bay State Road; Northerly by a tangent extension easterly of the cen- ter line of Bay State Road between Osgood Street and Com't Street; Westerly by the center line of Court Street between said Bay State Road center line extended and the junc- tion of Pleasant Street, Court Street, Osgood Street and Park Street; Northerly by the center line of Pleasant Street between the aforesaid junction and Stevens Street; Northwesterly by the center line of that short portion of Stevens Street between its intersection with Pleas- ant Street and its crossing over the outflow thread of Stevens Mill Pond, to the point of beginning. That part of North Andover townsh'-'p adjoining the westerly side of Osgood Street and Stevens Street extending from Sut- ton Street towards Stevens ~Iill, as more particularly bounded and described below, except such portions of the area within said Country Igesidence zoning district boundaries as may subsequently be duly declared to be in any other kind of zoning district. Northwesterly by Sutton Street center line; Northeasterly by Osgood Street center line bet~wcen Sutton Street and Stevens Street, and by Stevens Street center line between Osgood Street and the loca- tion line of the former Salem Railroad right of way at Stevens Street; Southwesterly by the location line of the former Salem Railroad right or way between Stevens Street and Chickering Road; Northwesterly by a portion of Chickering Road center line; Southwesterly by a line parallel to and 200 feet north- easterly from the location line of the former Salem Railroad right of way between Chickering Road and Prescott Street; Northerly by Prescott Street center line; Westerly by line parallel to and 125 feet easterly from Moody Street center line and said line extended across Chadwick Street from Prescott Street to Sutton Street. 3.5 VILLAGE RESIDENCE DISTRICTS 3.51 That built-up north~vesterly portion of North Andover, mainly northerly of Greene Street and of Massachu- setts Avenue and mainly westerly of Chickering Road, more particularly bounded and described below, except such areas ~vithin said Village Residence zoning district boundaries as may subsequently be declared to be in any other kind of zoning district. Northerly by that portion of the North Ando¥cr town line bet~veen the intersection of the Sha~vsheen River with the Boston & ]~,{aine Railroad location line at the City of Lawrence boundary, and the intersection of the North Andover town line ~vith the center line of Marblehead Street e:~tendcd; Easterly by a portion of Marblehead Street center line; Northerly by Belmont Street center line between Marblehead Street and a point on Belmont Street center line about 200 feet easterly along said line from its intersection ~vith the center line of Patriot Street; Westerly by a portion of a line parallel to and 200 feet easterly from Patriot Street center line betw-een Bel- mont Street and May Street; Northerly by the center line of May Street; E~ster]y by a line parallel to and 225 feet westerly from the center line of Main Street; Northwesterly by a line parallel to and 100 feet south- easterly from Sutton Street center line; Northwesterly by a portion of 5lain Street center line; Northeasterly by the center line of Vgater Street be- tween Second Street and Merrimack Street and by a small portion of the center line of Merrimack Street and Elm Street and by a linc parallel to and 225 feet soutbwesterly from the center line of \Vater Street between Merrimack Street and Elm Street and by a portion of the center line of Elm Street; Northeasterly by the center linc of ~,Vater Street and said line extended between Elm Street and Clarendon Street, and by a portion of the center line of Claren- don Street; Northeasterly by the center line of East Water Street between Clarendon Street and Chickering Road, by a portion of the center line of Chickering Road, by the center line and the center line extended of Wayne Street, so-called, between Chickering Road and Osgood Street; Southeasterly by a portion of the center line of Osgood Street between Wayne Street and a point on Osgood Street center line 350 feet from its intersection with Phillips Court center line; Northeasterly by a line [~=ral]e] to and 1~5 feet north- easterly from that line ef Phillips Court that trends approximately S 35°, 26' E, and such line extended to Os.good Street; Southeasterly by a line parallel to and 120 feet south- easterly from that line of Phillips Court that trends approximately S 44% 33' W; Southerly by the center line of Pleasant Street be- tween a point on said center line 120 feet southeasterly from its intersection with the center line of Phillips Court to the intersection of center lines of Pleasant Street and Court Street; Southeasterly by the center llne of Court Street between Pleasant Street and the center line of Bay State Road extended tangent easterly from Osgood Street to Court Street; Southerly by the center line of Bay State Road tended easterly between Court Street and Osgood Street; Easterly by the center line of Osgood Street between Bay State Road and Phillips Brooks Road; Southerly by the center line of Phillips Brooks Road between Osgood Street and Chickering Road; Southeasterly by a portion of Chickering Road center line; Southwesterly by that portioa of the center line of Massachusetts Avenue between Chietmring Road and a line paralleI to and 100 feet southerly from Woodstock Street center line, extended; Southerly by a line parallel to and 100 feet southerly frona the center line of Woodstock Street; Westerly by a line parallel to and 100 feet westerly from Linden Avenue center line. Southerly by a line parallel to and 150 feet southerly from Greene Street center line; Southwesterly, westerly and northwesterly by that winding portion of the North Andover town line be- tween a line parallel to and 150 feet southerly from Greene Street, and the intersection of the Shawsheen River with the Boston & Maine Railroad location line at the City of La~vrence boundary. 3.52 A small area both sides of Saunders Street near Sutton Pond, bounded: Northerly by the northerly sideline of that portion of Sounders Street that trends approximately E 7°, 30' N and said line extended easterly to the shore of Sutton Pond; Northeasterly by the southwesterly shore of Sutton Pond; Southeasterly by a line at a right angle to Sounders Street center line at its southerly terminus; Southwesterly by a line parallel to and 180 feet north- easterly from Main Street center line between the line across Sounders Street southerly terminus and the southeasteriy side line of the Town of North Andover Bradstreet School lot; Northwesterly by a short portion of said Bradstreet School southeasterly lot line; Southwesterly by a line parallel to and 125 feet south- westerly from that portion of Saunders Street center line that trends in two courses about N 45°, 0' W and N 24°. 30' W, between the aforesaid Bradstreet School southeasterly lot line and the aforesaid Sounders Street northerly sideline trending E 7°, 30' N; 7 3.53 That small north central portion of North Andover bounded: Northerly and northwesterly by that portion of Sutton Street center hne between a point 125 feet from Thorn- dike Street center line and a line parallel to and 125 feet easterly from Moody Street center line, extended to intersect Sutton Street; Southerly by Prescott Street center line; Southwesterly by a line parallel to and 200 feet north- easterly from the former Salem l%ailro~d right of way location line between a point near the junction of Prescott, High and Elm Streets and a point near the southeasterly end of Thorndike Street and thence by a line paral]eI to and 125 feet southwesterly from the center line of Thorndike Street. 3.6 NEIGI4_BOI~HOOD BUSINESS DISTI{ICTS. Land within the districts described below is hereby declared to be Neighbor- hood Business Districts. 3.61 At North Andover Center south of the Common both sides of Johnson Street bounded: Northeasterly by a line parallel to and 90 feet north- easterly from the northeasterly sideline of Johnson Street; Southeasterly by a line parallel to and 200 feet southeasterly from the southeasterly side line of Andover Street and said side line extended tangent all the way across Johnson Street between its west and east side lines; Southwesterly by a line parallel to and 75 feet south- westerly from the southwesterly side line of Johnson Street; Northwesterly by that portion of the southeasterly side line of Andover Street and said line extended tangent all the way across Johnson Street, between a point on said Andover Street line approximately 75 feet ~vest- erly along it from its intersection with the south~vest- erly side line of Johnson Street and a point on said Andover Street line about 90 feet northeasterly along it from its intersection with the northeasterly side line of Johnson Street. 3.62 Land in North Andox, er with tl~e buildings thereon bonnded and described as follows: Beginning at a point on the southwesterly side of Middlesex Street, in the northeasterly corner of the premises in question; thence running southwesterly 180 feet to a point at the intersection of Waverly Road and Harold Street; thence turning and running south- westerly 80 feet to a point; thence turning and running northwestmqy 200 feet to a point in the south side of Middlesex Street; thence turning and running north- easterly 66.5 feet to a point; thence rumfing in an Easterly direction along the southwesterly side of Middlesex Street 94.95 feet to the point of beginning. 3.63 A parcel of land in North Andover, together with the build- ings thereon, bounded and described as follows: Beginning at a point on the nor~h~vesterly side of ~vIiddlesex Street at thc intersection of Middlesex Street and Waverly Road in the southwesterly corner of the premises in question; thence running northeasterly 120 feet along Waverly Road to a point; thence turning and running southwesterly 193 feet to a point; thence turning and running southeasterly 90 feet to a point in the northwesterly side of Middlesex Street; thence turning and running northeasterly along the north- westerly side of Middlesex Street 136 feet to the point of beginning. NOTE--The Pla~ni~ig Board may recommend that other businesses already in existence be zoned as Neighborhood Busi- ness ff and when proper descriptions by metes and bounds of such properties now used as neighborhood businesses can be obtained, providing they meet the requirements for such neighborhood businesses as are recommended in the proposed revision of the Zoning Bylaw. If they do not meet ti~ese requirements such busi- nesses may be placed in General Business districts. 3.7 GENERAL BUSINESS D~STR]CTS. 3.71 Portions of both sides of Main Street and of Water Street more particularly bounded and described as follows: Northerly by a portion of the former Salem P~ailroad location line; Easterly by a line parallel to and 165 feet easterly from Main Street center line between the former Salem Railroad location line and Saunders Street; Northeasterly by a line parallel to and 125 feet south- westerly from the center line of that portion of Saun- ders Street that trends in two courses about N 24°, 30' W and about N 45~ 0' W; Southeasterly by a short portion of the Bradstreet School southeasterly lot line; Northeasterly by a line parallel to and 180 feet north- easterly from Main Street center line, and extending some 700 Feet or more in length between said Brad- street School southeasterly lot line and a point on the shore of Sutton Mill Pond generally southeasterly of the intersection of Second, Main and Water Streets; Northeasterly by the southwesterly shore of Sutton Mill Pond; Southeasterly by a Iine at a right angle to Water Street center line and passing through a point thereon about 105 feet southeasterly from the center line of Merri- mack Street; Northeasterly by the center line of Water Street be- tween Merrimack Street and Elm Street; Southeasterly by the center line of Elm Street; Southwesterly by a line parallel to and 225 feet south- westerly from Water Street center line between Elm Street and Merrimack Street; Northwesterly by a short portion of Merrimack Street center line; Southwesterly by Water Street center line between Merrimack Street and Main Street and by a short portion of Main Street center line near Second Street; Southeasterly by a line parallel to and 100 feet south- easterly from Second Street center lines; Southwesterly and westerly by a line parallel to and 224 feet southwesterly from Main Street center line between Second Street and May Street; Northerly by a portion of May Street center line; Westerly by a portion of Main Street center line be- tween May Street and the former Salem Railroad location. 3.72 In the northerly sector of the intersection of Turnpike Street and Andover Street, a tract of land bounded: Northeasterly by a stone wa]] marking the property line of Town of North Andover; Southeasterly by Andover Street center line; Southwesterly by Turnpike Street center line; Northwesterly by Peters Street center line. 3.73 West of Chickering Road near its intersection with Massa- chusetts Avenue, a tract of land bounded: Northerly by a stone wall trending approximately due east-west between the former location of Wood Lane and the intersection of Chickering Road and Massa- chusetts Avenue: Southeasterly by Chickering Road; Southerly by a line parallel to and 885 feet southerly from the northerly bounding stone wall aforesaid; $.74 The Planning Board recommends that the following businesses already in existence be zoned as General Business. In addi- tion, the Board will recommend that other businesses, likewise in existence, be so zoned if and when proper descriptions by metes and bounds ef such properties now used for general busi- ness can be obtained. (1) The land in North Andover with the buildings thereon, presently known as Thompson's Restaurant, bounded and described as follows: Beginning at a stone bound on the Salem Turnpike, so- called, and then running northerly 35° 44' 55" west two hundred and eighty feet to a point, thence; in an East- erly direction two hundred and ninety-five and 53/100 feet by land now or formerly of Ethel M. Freeman to Andover Street, so-called, thence; Northerly 20~ 27' 05" east one hundred and eighty-seven and 50/100 feet to a stone bound on Andover Street, thence; in an are seventy-four and 99/100 feet to the bound first men- tioned, being the point of beginning, containing 35,567.4 square feet. (2) The land in North Andover, with the buildings thereon, presently known as Charles Steak House, located on the westerly side of Osgood Street, bounded and described as follows: Northerly 200 feet by the south- erly side of Sutton Street; easterly by the westerly side of said Osgoood Street 330 feet; southerly 200 feet by other land of the said ]Effie C. Kostandin; and westerly 330 feet by land now of the City of Lawrence. (3) Land in North Andover with the buildings thereon, presently known as Little Red School House bounded and described as follows: Beginning at a stone bound in the westerly line of Osgood Street, which stone bound is at land now or formerly of Hayes; thence running westerly by land now or formerly of I-tayes 210 feet to a stone bound; thence turning and running northwesterly by land of said Hayes, 125 feet more or less, to an iron pipe; thence turning and running southerly- by land now or formerly of Steinberg, 141 feet to a stone bound; thence turning and running south- easterly by land now or formerly of Steinberg 156 and 5/10 feet to a stone bound; thence turning and running southwesterly by land now or formerly of Steinberg i0 66 feet to a stone bound; thence turning and running southeasterly by land now or formerly of Steinberg 206 feet to a stone bound at Osgood Street; thence turning and running northerly by the westerly line of Osgood Street about 285 feet to a stone bound at point of ginning, containing about 59,000 square feet. (4) The parcel of land presently known as the Blue Fox, in North Andover, on the more or less northerly side of Great Pond Road, being shown on Plan of Land owned by Stefano~vicz, North Andover, Mass., Charles E. Cyr, C. E., April 1947, which parcel is bounded and described as follows: Beginning at a stone bound in the northwesterly inter- section of Osgood Street and Great Pond Road, and thence running northeasterly along said Osgood Street 404 and 11/100 feet to a stone bound in the more or less southerly side of Osgood Street; thence turning and running more or less southeasterly by ]ets numbered 61, and 60, as shown on said plan 203 and 36/100 feet to the westerly side of a proposed street as shown on said plan; thence turning and running southwesterly along said westerly side of said proposed street 330 and 17/100 feet to Great Pond Road; thence turning and running along the more or less northerly side of Great Pond Road 347 and 60/100 feet to a stone bound in said northerly side of Great Pond Road; thence turn- ing and running northwesterly 44 and 82/100 feet to the stone bound, the point of beginning; containing 2.2 acres, more or less. (5) The land in North Andover with the buildings thereon presently known as Faro's Diner located on the south side of Osgood Street, bounded and described as fol~ lows: Southeasterly by Barker Street 590 and 15/100 feet; southwesterly i~% two courses by Osgood Street 221.85 feet and 145 feet; northerly by land of Barker along the bed of an old wall 242 feet; and northeasterlv again by land of Barker 8.99 feet, ail of said measure- ments being as shown on plan of land owned by Stefano- wicz, Nnrth Andover, Mass., August 1947, Charles Cyr, C. E. (6) Land in North Andover, together with the buildings thereon, located on the southeasterly side of Chicker- ing Road presently known as the Hi-Spot, being bounded and described as follows: Beginning at a point in the northwesterly corner of the premises in question on the southeasterly side of Chickering Road; thence running Southeasterly ]50 feet to a point; thence turning and running south+vesterly 155 feet to a point; than turning and running northwesterly 155 feet to a point on the southeaster!y side of Chickering Road; thence turning and running northeasterly along the southeasterly side of Chickering Road 155 feet to the point of beginning. (7) The land in North Andover, with the buildings thereon, presently known as Woody's, bounded and described as fo]lo~vs: iNorther]y 226 feet, more or less, by land now or late of Coolidge, southeasterly, 280 feet, more or less, by Chickering Road, southerly 30 feet, more or less, by land now or formerly of Schruender; and westerly, 178 feet, by land now or late of one Melamed. I1 (8) A parcel of land, with the buildings thereon, presently used for a gasoline filling station situated in North Andover bounded and described as follows: South- westerly by Massachusetts Avenue 73 feet; northwest- erly by land no~v or formerly of Cahill 124,56 feet; northeasterly by land now or formerly of Molloy 110.37 feet; and southeasterly by Perry Street 66.50 feet. And also a parcel of land with the buildings thereon, presently known as the Town Line Restaurant, situated on the northeasterly side of Massachusetts Avenue in North Andover and bounded and described as follows: Beginning on Massachusetts Avenue at land now or formerly of T. E. Foye; thence running northwesterly by the northeasterly line of Massachusetts Avenue about 273 feet to the southeasterly pier of the bridge on Massachusetts Avenue over the Shawsheen River; thence turning and running northeasterly, easterly and southeasterly by said River about 420 feet to land now or formerly of said T. E. Foye; thence turning and running southwesterly by said Foye land about 225 feet to Massachusetts Avenue at the point of beginning, Containing about 44400 square feet. And a~so a parcel of land with the buildings thereon, situated in North Andover on thc northeasterly side of Massachusetts Avenue and bounded as follows: ginning on said road at the southeasterly corner of said lot and land of John Carey; thence northeasterly by said Carey's land 150 feet to a point; thence north- westerly by land formerly of J. L. Webster by a straight line to and through a maple tree standing near the edge of the Shawsheen River to said river; thence up said river bounding by said river to a line drawn from a point in the northeasterly line of said road to said river, which line is parallel with an 150 feet distant north- westerly from the northwesterly line of said Carey's land and bound first mentioned; thence southwesterly by said parallel line on other land formerly of J. Webster to said road; thence southeasterly by said road 150 feet to the point of beginning. The above three parcels are all included in one tract. (9) Land in North Andover, together with the buildings thereon, presently known as Bulger's Animal Hospital, bounded and described as follows: Beginning at a point on the southeasterly side of Chickering Road in the northwest corner of the premises in question; thence running southeasterly 125 feet to a point; thence turn- ing and running southwesterly, 200 feet to a point; thence turning and running northwesterly 125 feet to a point on the southeasterly side of Chickering Road; thence turning and running northeasterly 200 feet along the southeasterly side of Chiekering Road to the point of beginning. (10) A parcel of land in North Andover with buildings there- on. presently including Hollins Service Station and the Middlesex Market located on Middlesex Street. Massa- chusetts Avenue and Perry Street, bounded and described as follows: Beginning at a point at the junc- tion of PerrY Street and Massachusetts Avenue and running southwesterly on Massachusetts Avenue 200 12 feet, more or less, to the junction of Middlesex Street, thence southeasterly 83 feet; thence northeasterly 95 feet to a point; thence northwesterly 75 feet more or less, to a point; thence northeasterly 65 feet to Perry Street; thence northwesterly 145 feet to the point of beginning. (11) A parcel of land in North Andover with buildings there- on, now or formerly the property of C. D. Glennie, bounded and described as follows: Starting at Shawsheen River along Beechwood Street 150 feet northeasterly to ]geechwood Street; thence easterly 300 feet to a point; thence northeasterly 335 feet to a point east by northeast 115 to a point, thence southwesterly 85 feet to a point; thence easterly 115 feet to a point, thence southwesterly 640 feet to a point; thence to the Shawsheen River following the Town Line of North Andover 790 feet more or ]ess to the starting point at Beechwood and Shawsheen River. (12) A parcel of land in I~orth Andover with buildings thereon, presently kno~vn as the Glennie's Milk Plant, bounded and described as follows: Beginning at a point on the northeasterly side of Massachusetts Avenue in the southeasterly corner of the premises in question thence running northwesterly 290 feet along Massachu- setts Avenue to a point; thence turning and running northeasterly 200 feet to a point; thence turning and running southeasterly 268.8 feet to a point on the ~vest- erly side of Marblehead Street; thence turning and running southerly 28.8 feet to a point on ~he north- westerly side of William Street; thence tur~ing and running southwesterly 180.5 feet to the point of be- ginning. (13) A parcel of land in North Andover, together with the buildings thereon, presently known as McAloon's Pack- age Store, bounded and described as follows: A cer- tain parcel of land at the junction of Pleasant Street and Franklin Street, beginmng at an intersection at the southerly line of Pleasant Street with northerly line of Franklin Street; thence running southwesterly 77.95 feet by the northerly linc of Franklin Street to beginning curve of said street line; thence southwesterly still by said northerly line of Franklin Street by a curve of 72.22 feet radius to end of said curve; thence westerly still by northerly line of Franklin Street 59 feet more or less to easterly line of Chickering Road; thence northerly by easterly line of Chickering Road about 52 feet to remaining part of Lot 59; thence northeasterly by said Lot 59, 39 feet more or less to southerly line of PIeasant Street; thence by said southerly line of Pleas- ant Street westerly 120 feet to point of beginning. (14) A parcel of ]and in North Andover, together with the buildings thereon, presently known as Can~pbell's Market, bounded and described as follows: Beginning at a point on the westerly side of Waverley Road 14 feet northerly from the northerly line of Union Street; thence running northeasterly by said Waverley Road 86 feet to land once of Michael J. Dooley; thence turning at a right angle and running northwesterly by said land once of Michael J. Dooley 63.7 feet to a point by land now or once of Thomas and John Dooley; thence turn- ing and running by said land now or once of Thomas and John Dooley 107 feet to Waverley Road to the Doint of beginning. (15) First Parcel--A certain parcel of land in North An- dover, together with the buildings thereon, presently known as the K. M. Crawford Company, bounded and described as follows: North 50 feet by the southerly line of Middlesex Street; thence east 100 feet by lot No. 42 on said plan; thence south 50 feet by lot No. 64 on said plan; thence west 100 feet by lot No. 40 on said plan. Second Parcel--A certain parcel of land in North An- dover together with the buildings thereon, owned by Kenneth M. Crawford and Esthm' R,. Crawford bounded and described as follows: Beginning at a point in an easterly line of Marblehead Street 100 feet northerly from the intersection of the easterly line of Marblehead Street with the northerly line of Union Street at ]and now or formerly owned by Lillian M. Schmottlach and Alfred G. Schmottlach and thence running northerly 190 feet more or less, along said easterly line of Marblehead Street; thence running easterly 287 feet by lot "A" on plan of land designated "Division of land belong to heirs of Peter Reeves," R. I{. Ellis, Engineer, April 7, 1923, recorded with Essex North District Registry of Deeds, Plan number 502; thence running southerly 100 feet by Baldwin Street on plan of land of Davis and Furber Machine Company r~ade in 1897; thence running west- erly 97 feet by lot numbered 5 on said plan of Davis and Furber Machine Company; thence running south- erly 90 feet more or less by lot No. 10 on plan of Greene Farm recorded with Essex South Registry of Deeds, book 708, last leaf; thence running Westerly 188 feet more or less to the point of beginning; being a certain portion of the premises conveyed to the said Arthur A. Reeves and Mildred E. Reeves by deed of Andrew Reeves dated September 16, 1939. (16) A certain parcel of land in North Andover, together with the buildings thereon, presently known as Fern- ham's Nursery, being bounded and described as fol- lows: Starting at the northwest corner of the premises in question at a corner of the wall at the junction of Berry Street and Turnpike Street; thence running east- erly 445 feet as the wail stands to a stone bound by said Berry Street; thence turning and running south- erly 160 feet to a stone bound on Turnpike Street. The land and premises southeast of this bound being owned by Mr. Farnham and his wife; thence turning and running northwesterly by the wall on said Turnpike Street 432 feet to a cross wall at the junction of Berry Street and said Turnpike Street; thence northerly 16 feet more or less together with any rights or title they may have in the triangle north of the described premises at Berry Street and Turnpike Street. (17) A certain parcel of land in North Andover, together with the buildings thereon, presently known as Saurs gasoline filling station, bounded and described as fol- lows: Said piece of land bounded on the northeast by 14 (18) (19) (20) (21) (22) State ttighway Route 114 for a distance of 364.38 feet opposite State Highway Stations ~178-179-180-181 and bounded on the northwest by Commonwealth of Massa- chusetts 29.48 feet on the southwest 363.46 feet; and by land owned by Edward W. Saul on the southeast 85.67 feet said bounds having been ~urveyed by Mr. Bra~$eur and marked by iron pipe. A certain parcel of land in North Andover, together with the buildings thereon, presently known as Louis ti. McAloon's, Building Contracting, bounded and described as follows: Beginning at a point in the north- erly line of Third Street in said North Andover, land now or formerly of Stevens; thence running ~vest- erly by said northerly line of Third Street 80.0 feet more or less to a point which is 60.0 feet easterly of the easterly line of Lot 16 on a plan of Moody Bridges, said plan being recorded at Salem, Book 589; thence turning and running northerly in a line parallel with said easterly [ine of Lot 16, and 60.0 feet distant there- from to a point in the southerly line of Lot 14; said point being 60.0 feet easterly from the intersection of the easterly line of Lot 16 with the southerly line of Lot 14 on said plan; thence running easterly by said Lot 14 15z~.0 feet more or less to land of Keniston; thence southeasterly about 132.5 feet; thence north- easterly 4.0 feet both by Keniston and Stevens land; thence southeasterly by Kenis~on land 206.0 feet to the poh~t of beginning, or however otherwise said boundary lines run. A certain parcel of land in North Andover, together with the buildings, thereon presently utilized as a market, bounded and described as follows: Northerly 50 feet by Union Street; thence easterly 105 feet by land now or formerly of one McNiff; thence southerly 75 feet by lot numbered 4, as shown on said plan; and westerly 120 feet by Lot 2, as shown on said plan. A certain parcel of land in North Andover, together with the buildings thereon, presently known as Lund's Garden Center, bounded and described as follows: Starting at the Boston & Maine Railroad right of way on Chickering Road and running 300 feet in a north- easterly direction to the land of Alice B. Colgate; thence northwesterly along the land of Alice B. Colgate a distance of 250 feet; thence southerly a distance of 400 feet to the Boston & Maine Railroad right of way; thence 236 feet along the Boston & Maine Railroad right of way to the point of beginning. A certain parcel of land in North Andover, together xvith the buildings thereon, presently known as Bill's Auto Service, bounded and described as follows: Bounded easterly by Chickering Road, 250 feet; southerly by Park Street, 150 feet; xvesterly by lots ~13-43 and 44; thence northerly by Franklin Street, 225 feet. A certain parcel of land in North Andover, together with the bnildings thereon, presently known as Lake- side filling station, bounded and described as follows: Bounded northerly 380 feet by Osgood Street; north- easterly 70 feet by Great Pond R~*ad; easterly 125 feet by other land of owner; southerly 185 feet by other land of owner; and westerly, 125 feet by other ]and of 15 (23) A certain parcel of laud in North Andover, together with the buildings thereon, bounded and described as follows: First Parcel: Being the land situated in North Andover, and bounded northerly 30 feet by land now of Gaumond southeasterly 40 feet more or less by Chickering Road; and westerly 40 feet more or less, by land now of Melamed, being triangular in shape. Second Parceh Being the land with buidings thereon situated in 1North Andover, and bounded northwesterly, 325 feet more or less by Chickering Road; easterly, 219.25 feet more er less by Dufton Court; southerly 45.6 feet, more or less, by ]and of Smith; southeasterly, 209 feet, more or less, by land now of Smith and Murray; southerly, 39 feet, more or less, by land of INelb; and westerly 135.4 feet, more or less, by land now of Carbonero. (24) A certain parceI of land in North Andover, together with the buildings thereon, presently known as iVfan- gano's, being bounded and described as follows: Be- ginning at the easterly line of Chickering Road at a point about 225 feet north from the northeasterly line of Pleasant Street; thence running northerly along said easterly line of Chickering Road 305.62 feet to a stake; thence turning and running northeasterly by land of Village Land Company 35 feet to a pipe; thence turning and running southeastcrly 263~9 feet to a stake; thence turning and running southwesteriy by land of Subatch 275 feet to a stake; thence turning and running northwesterly by ]and of Messina 76.18 feet to point of begimfing, containing 50,000 square feet, more or less. (25) A cerlain parcel et land in North Andover, presently known as Verda's Garage together with the buildings thereon, bounded and described as follows: Beginning at an oak stake set in the westerly line of Salem Street, 240 feet more or less north from the intersection of the westerly line of said Salem Street with the northerly line of Abbott Street; thence running westerly 228.40 feet by land now or formerly of Victor Verda et al, to a stake set in the ground; thence turning and running southerly by land heretofore conveyed to Leopold Michalski 136 feet more or less to a stake set in the northerly linc of said Abbott Street; thence turning and running easterly by said Abbott Street, 227.30 feet to another stake set in the ground on the said northerly line of Abbott Street; thence turning and running with the curved contour of the intersection of said Abbott Street and said Salem Street to the /eft and in about a northerly direction 50 feet more or less to another stake set in the said westerly line of said Salem Street; thence running northerly by said Sale~ Street 184.40 feet to the point of beginning. (26) A certain parcel of land in North Andover, together with the buildings thereon, presently known as the D&F Concrete Products bounded and described as fol- lows: Beginning at an iron pin on the northerly side of Hillside Road at land of Frank P. and Katherine Hen- nessy and running in a northwesterly direction along a wire fence and a stone wall 187.62 feet to an iron pin; thence turning and running in a southeasterly I6 (27) (28) direction by other land of the grantors being parcels ~2 and ~3 as shown on said plan 135.85 feet to an iron pin; thence turning and running in a southerly direction by a hedge and also by lot ~3 as shown on said plan 61.93 feet to an iron pin on the northerly side of Hillside Read, which pin is 30.95 feet westerly from an iron pin on the westerly side of the Andover By- Pass; thence turning and running southwesterly along the northerly side of the said Hillside Road 95.95 feet ed the point of beginning. Parcel I. A certain parcel of land in North Andover with the buildings thereon, presently known as the North Andover Paint & Hardware and Desrosier's Variety bounded and described as follows: Beginning at a point 160 feet southeasterly from the intersection of Massachusetts Avenue and Commonwealth Avenue on the southwesterly side of Massachusetts Avenue; thence running southeasterly 310 feet to a point; thence turning and running southwesterly 100 feet to a point; thence turning and running northwesterly 310 feet; thence turning and running northeasterly 100 feet to point of beginning. Parcel II. A certain parcel of land in North Andover ~vith the buildings thereon, presently known as the North Andover Paint & Hardware and Desrosier's Variety bounded and described as follows: The parcel of land in question is located on the southwesterly side of Massachusetts Avenue beginning at a point at the south~-esterly corner of land now or formerly of one Lengbottom; said point being 100 feet southwesterly for the southwesterly line of Massachusetts Avenue and 160 feet from the southeasterly line of Commonwealth Avenue; thence southeasterly 249 feet more or less by land now or formerly of Longbottom, Desrosiers, Hen- nessy, Calabrese, t-qamal and Hennessy, said line being 100 feet from and parallel to the southwesterly line of Massachusetts Avenue, to a point 113 feet from the westerly side of Beechwood Street; thence southwest- erly with an interior angle of 90 degrees 300 feet more or less to the Shawsheen River; thence northwesterly by the Shawsheen River 280 feet more or less to land now or formerly of Turner; thence northeasterly by land now or formerly of Turner, ~Villiams, Towne, Fogerty and McDonough 250 feet mere or less to the point of beginning containing 74,000 square feet more or less. A certain parcel of land in North Andover with the buildings thereon, presently known as Welch's Plumb- ing and Heating, bounded and described as follows: ginning at a point on the southwesterly side of Street in the southeasterly corner of the premises in question; thence running southwesterly along May Street 160 feet to a point; thence turning and running northwesterly 50 feet to a point; thence turning and running northeasterly 60 feet to a point; thence turn- ing and running northwesterly 100 feet to a point; thence turning and running in a northeasterly directiol~ 100 feet along the Boston & Maine Railroad right of way to a point in the southwester]y side of Main Street; 17 thence turning and running southeasterly along the southwesterly side of Main Street 160 feet to the point of beginning. (29) A certain parcel of land in North Andover with the buildings thereon, presently known as Pappalardo's Variety and Trombly Service Station bounded and described as follows: 175 feet southerly along Main Street to a point; thence 330 feet westerly along the Boston & Maine Railroad to a point; thence 50 feet northerly to a point on the southerly side of Sutton Street; thence 375 feet northeasterly along the south- erly side of Sutton Street to the point of beginning. (30) A certain parcel of land in North Andover with the buildings thereon, presently known as Messina's Market bounded and described as follows: Beginning at a point at the intersection of Main and Sutton Streets on the northwesterly side of Sutton Street in the south- easterly corner of the premises in question. 170 feet southwesterly along Sutton Street; thence 60 feet north- westerly to the Boston & Maine Railroad right of way; thence 185 feet northeasterly to a point in North Main Street; thence 135 feet to point of beginning. (31) A certain parcel of land in North Andover with the buildings thereon, presently known as the Veterans' of Foreign Wars, Post 2104 bounded and described as fol- lows: Beginning at a point at the northerly intersec- tion of Park Street and Chickering Road; thence running northeasterly 170 feet along Chickering Road to a point; thence turning and running easterly 751 feet to a point on the westerly side of Avon Street; thence turning and running southeasterly 192.24 feet to a point on the northerly side of Park Street; thence turning and running westerly in two courses 102.89 feet and 59.79 feet along Park Street to the point of beginning. (32) A certain parcel ef land in North Andover with the buildings thereon, now or formerly of Driver bounded and described as follows: Beginning at a point at the southwcslerly intersection of Park Street and Chick- ering Road; thence running in a southwesterly direc- tion 230 feet along Chickering Road; thence turning and running southeasterly 84.7 feet to a point; thence turning and running northeasterly 270 feet to Park Street; thence turning and running westerly 87.2 feet to the point of beginning. (33) A certain parcel of land in North Andover with the buildings thereon, presently known as Young's Club and the Dairy Queen bonnded and described as follows: Beginning at a point at the westerly intersection of Park Street and Chickering Road; thence running southwesterly 180 feet along Cbickering Road to a point in Main Street; thence turning and running north- westerly 250 feet to the intersection of Park and Main Streets; thence turning and running easterly 220 feet along Park Street to the point of beginning. (34) A certain parcel of land located on High Street, North Andover numbered Lot 44 on Assessors Plat ~52, and with the buildings thereon, presently known as Mann's Variety bounded and described as follows: Beginning 18 (35') (37) (38) at a Point on the southwesterly side of High Street in the northeasterly corner of the premises in ques- tion; thence running southeasterly 100 feet to a point; thence turning and running southwesterly 70.7 feet to a point; thence turning and running northwesterly 100 feet to a point; thence turning and running northeast- erly 69.59 feet to the point of beginnh~g. A certain parcel of land in North Andover with the buildings located thereon, presently known as Itilton's Variety, bounded and described as follows: Beginning at an iron pipe on the northerIy side of Middlesex Street in the southeasterly corner of the premises in question; thence t~unning northerly 100 feet to an iron pipe; thence turning and running westerly 50 feet to an iron pipe; thence turning and running southerly 100 feet to an iran pipe in the northerly side of Middlesex Street; thence turning and running easterly 50 feet along the no.hotly side of Middlesex Street to an iron pipe, the point of beginning. A certain parcel of land in North Andover with the buildings tberecm, presently known as the Den Rock Drive-In Theater, bounded and described as follows: Beginning at a point on the northeasterly side of Win- throp Avenue 990 feet northwesterly from the inter- section of Turnpike Street and Waverley Road; thence running along Winthrop Avenue 815 feet to a point; thence turning and running northeasterly 700 feet to a point; thence turning and running southeasterly 660 feet to a point; thence turning and running easterly 261 feet more or less to a point; thence turning and running sm~th~vesterly 596 feet more or less to the point of beginninK. A certain parcel of land in North Andover with the buildings thereon, presently known as Fould's Bakery bounded and described as follows: Beginning at a point at the westerly corner of Beverly and Union Streets and running westerly 155 feet more or less by the northerly line of Union Street to a point, then running northerIy 90 feet more or less to a point, thence turning and running easterly 155 feet to a point on the westerly side of Beverly Street, thence turning and running southeasterly 90 feet more or less to point of beginning. A certain pareel of land in Nc;rrb Andover, together ~v~th the bnildings thereon, presently known as Robin- son's Express Company, hounded and described as fol- lows: Beginning at a point on the northerly side of Second Street, tt~ence running northwesterly by ]and now or formerly of Stewart 300 feet to land now or formerly of Lawlor; thence turning and running north- easterly by said Lawlor land 58 and 45/100 feet to a point; thence turning and running southeasterly 53 feet to a point; thence turning and running northeasterly 110 feet to a point; thence tu~ming and running south- easterly 142 and 63/100 feet to a point, the last three courses being by land now or formerly of the Village Land Company; thence turning and running southwest- erly by two courses 133 and 84/100 feet by land con- veyed by Fou!d to George L. Newcomb et ux; thence turning and running sontheasterly by said Newcomb 19 land 100 feet to Second Street; thence turning and running southwesterly by Second Street 40 feet to the point of beginning; containing 31,915 square feet mere or less; being shown as Lot "B' on "Plan of Land in North Andover, Mass. Owned by Mary E. Robinson" recorded in the North District of Essex Registry of Deeds as Plan No. 2826, being part of the premises con- veyed to Fould by Daniel J. Grogan by deed dated De- cember 9, 1929, recorded in said Registry of Deeds book 550 page 38. 3.8 INDUSTRIAl, DISTI~ICTS. 3.81 All that northernmost portion of North Andover township north of the northerly Lake Cochichewick watershed divide line, more particularly bounded as follows: Northeasterly by the Haverhill-North Andover bound- ary between the Merrimack River and a point southerly of Osgood Street; Easterly and southeasterly by a line parallel to and distant 500 [eet easterly from the center line of Osgood Street between the Haverhill-North Andover boundary and Barker Street; Southeasterly by that portion of the center line of Osgood Street between Barker Street and Sutton Street; Southeasterly and southerly by the center line of that portion of Sutton Street between Osgood Street and Main Street; Easterly by the center line of Main Street between Sutton Street and May Street; Southerly by the center line of May Street; Easterly by a line parallel to and 200 feet easterly from the center line of Patriot Street, between May Street and Belmont Street; Southerly by the center line of Belmont Street; Westerly by a short portion of Marblehead Street cen- ter line between Belmont Street and the Lawrence- North Andover town line. Northwesterly and northerly by the North Andover town line between the foot of Marblehead Street and the Haverhill-North Andover boundary; Southwesterly and westerly by the former location of Wood Lane. 3.82 A finger of land embracing the Sutton, Osgood, Davis & Furber and Stevens Mills, being bounded: Northerly by Sutton Street center line; Northeasterly by a line parallel to and 125 feet south- westerly from the center line of Thorndike Street; thence by a connecting line parallel to and 200 feet northeasterly from that portion of the former Salem Railroad right of way location line between a point near the southeasterly end of Thorndike Street and Chickering Road; Southeasterly by a short portion of Chickering l~oad center line; Northeasterly by the former Salem Railroad location line between Chickering Road and Stevens Street; Easterly by Stevens Street center line between the railroad location and Pleasant Street; Southwesterly by Pleasant Street center llne to a point thereon 120 feet southeasterly from its intersection with Phillips Court center line; Northwesterly by a hne parallel to and 120 feet south- easterly from that line of Phillips Court that trends approximately S 44°, 33' W; Southwesterly by a line parallel to and 135 feet north- easterly from that line of Phillips Court that trends approximately S 35°, 26' E and such line extended northwesterly to Osgood Street; Northeasterly by a portion of Osgood Street center line beginning at a point thereon 350 feet northeasterly of its intersection with Phillips Court center line and extending thence easterly to the center line of Wayne Street, so called; Southwesterly by the center line of Wayne Street, sa-called, between Osgood Street and Chickering Road; Southeasterly by a short portion of Chickering Road center line; Southwesterly by East Water Street center line; Southeasterly by a short portion of Clarendon Street center line; Southwesterly by Water Street center line, extended, between Clarendon Street and a point on Water Street center line about 105 feet southerly from Merrimack Street center line; Northwesterly by a line at a right-angle to Water Street center line and passing through a point thereon 105 feet southerly from Merrimack Street center line; Southwesterly by a portion of the southwesterly shore of the mill pond, and thence by a portion of a line parallel to and 180 feet northeasterly from Main Street center line; Northwesterly by a line at a right-angle to Sounders street center line at the southerly terminus of Soun- ders Street; Southwesterly by the southwesterly shore of Sutton Mill Pond between the aforesaid line at a right-angle to Sounders Street center line at its southerly terminus and the easterly extension of that northerly side line of Sounders Street that trends approximately E 70% 30' N; Southerly by that northerly side lille of Sounders Street that trends approximately E 7°, 30' N and said line extended easterly; Westerly by a line parallel to and 165 feet easterly from Main Street center line; Southerly by a portion of the former Salem Railroad location line; Westerly by Main Street center line between the former Salem Railroad location line and Sutton Street. 3.83 At Greene Street and the Shswsheen River, being a cer- tain parcel of land together with the buildings thereon, presently known as Wipex Incorporated, bounded and described at follows: Beginning at an iron pipe in the southwest side of Greene Street, North Andover in the Northeast corner of the granted premises; thence 21 3.84 running in a westerly direction in an arc 90.16 feet to a point; thence running southwesterly along said Greene Street 280.83 feet to a town bound; thence turning and running in an irregular southwesterly direction follow* ing along the Shawsheen River to an iron pipe; thence turning and running southeasterly along land now or formerly of Ivar L. Sjostrom, Jr., 276-18 feet to an iron pipe; thence turning and running northeasterly 135.42 feet to an iron pipe; thence continuing to run in a north- easterly direction 134.88 feet to an iron pipe; thence continuing to run in a northeasterly direction 208.65 feet to an iron pipe on the southwesterly side of Greene Street the point of beginning. On the northeasterly side of Turnpike Street, northwest of Hillside l~oad, a tract of land hounded as follows: Beginning at a point in the easterly line of the Salem Turnpike, said polnt being 138 feet northerly from Hill- side l~o~d; thence northerly by the easterly line of Salem Turnpike 719 feet to a point; thence northeast- erly by a stone v~,all, 34.05 feet to a point; thence east- er]y, by the stone ~vall, 680.42 feet to a point; thence southwesterly, 565 feet to a point; thence southeasterly 200 feet to a point in the northerly line of Hillside Road; thence southwesterly, by the northerly line of Hillslde Road, 100 feet to a point which is 11.0.7 feet from the Salem Turnpike; thence northwesterly 91.3 feet to a point; thence southwesterly 100 feet to the point of beginning. SECTION 4: BUILDINGS AND USES PERMITTED, AND APPLICATION OF REGULATIONS 4.01 In the zon~,ng districts above specified and described, the fol- lowing designated buildings and alterations and extensions thereof and buildings accessory thereto and the following des- i~onated uses of land, buildings, or parts thereof and use ac- cessory thereto are permitted. Ail other buildings and uses are hereby expressly prohibited, except those already lawfully existing whiet~ by the operation of this provision would hereby become lawfully non-conforming. 4.02 When a lot in one ownership is situated in part in the Town of North Andover and in part in an adjacent town or city, the provisions, regulations and restrictions of this Bylaw shall be applied to that portion of such lot as lies in the Town of North Andover in the same manner as if the entire lot were situated therein. 4.03 When a zoning district boundary divides a lot in one owner- ship, all the zoning regulations set forth in this zoning bylaw applying to the greater part by area of such lot so divided may also be deemed to apply and govern at and beyond such ~oning district boundary but only to an extent not more than thirty (30) linear feet in depth (at a right angle to such boundary) into the lesser part by area of such lot so divided. 4.04 Any lawfully non-conforming building or structure and any lawfully non-conforming use of building or land may be con- tinued in the same kind and manner and to the same extent as at the time it became lawfully non-conforming, but such ~2 building or Use shall not at any time be changed, extended or enlarged except for a purpose permitted in the zoning district in which such building or use is situated, or except as may be permitted otherwise by the North Andover Board of Appeals. 4.05 If any lawfully non-conforming building or use of a building or land be at any time discontinued for a period of two years or more, or if such use or building be changed to one conform- ing with the North Andover Zoning By]aw in the district in which it is located, it shall hereafter continue to conform. 4.06 Any non-conforming building or struclure destroyed or dam- aged by fire, flood, lightning, wind or otherwise to the extent of sixty-five (65%) per cent or more of its reproductions cost at the time of such damage shall not be rebuilt, repaired, constructed nor altered except fnr a purpose permitted in the zoning district in which such bui]ding is located, or except as may be permitted otherwise by the Board of Appeals acting under G.L. Ch. 40A, as amended. 4,1 IN RESIDENT DISTRICTS. 4.11 Single, duplex or two-family residences and gardens, including the right to convert any one-family dwelling structure to commodate not more than two families provided that: (a) The lot area per structure so converted shall be not less than fifteen thousand (15,000) square feet, and the street frontage width of such lot shall be not less than one hundred (100) feet; (b) The existing structure be of such size as to afford not less than seven hundred (700) square feet usable floor area per dwelling unit after conversion, and that the appearance and character of a one-family dwelling shall be preserved; (c) No major exterior structural changes shall be made except such as may be required for safety by the North Andover building by laws or by Massachusetts General Laws, and that the whole cost of such alterations shall not exceed fifty (50%) per cent of the reproduction cost of such dwelling in its condition existing immedi- ately prior to such conversion; and, (d) Stairways leading to the second or any higher floor shall be enclosed within the exterior walls of the building. 4.12 Renting rooms for dwelling purposes or furnishing table board to not mare 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 not to exceed six (6) inches by twenty-four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. 4.13 Renting a room or rooms in a dwelling for the office of one professional person, provided there be no display or advertis- ing on such dwelling or its lot other than a professional name plate, or sign not to exceed six (6) inches by twenty-four (24) inches in size. 4.~4 Customary home occupations, provided there be no display and no exterior advertising except an announcement sign not to exceed six (6) inches by twenty-four (24) inches and 23 provided that in any dwelling, such customary home occupa- tions shall be carried on by not more than five persons of whom at least one shall reside in such dwelling. 4.15 Schools, libraries, museums, churches, hospitals and con- valescent and rest homes, local passenger stations, also radio, radar, television or radio-telephone transmitting or broadcasting towers but not their studios nor offices, and not veterinary or animal hospitals except as further provided else- ~vhere in this bylaw. 4.16 Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall advertise only the rental, lease or sale of the premises upon which they are placed. 4.17 (a) Farming of field crops, and row crops; truck gardens, orchards, plant nurseries, greenhouses and as provided below, stud farms, poultry batteries, fur ranches and dairy farms; (b) The keeping on any lot in any residence district of a total of not more than three (3) of any kind or assort- ment of animals or birds in addition to the household pets of the family living on such lot, but nat the keep- ing of any animals or birds or pets of persons other than those resident on such lot, except as further pro- vided below; {c) On any lot of not less than three (3) acres area and situated in a not thickly settled part of a Country Resi- dence, a Rural Residence or an Industrial District, but only on such lots in such parts of such districts, vet- erinarians and others may keep more than three (3) animals or birds not necessarily owned by the persons resident on such lot, provided that on such lots there be no slaughtering, packing or processing of meat, entrails, organs, skins, hides, pelts, fur, feathers or bones, and provided that animal hospitals, kennels, poultry batteries, dairy barns, riding stables and animal auction lots are specifically prohibited in all Village Residence Districts and in all thickly settled parts of Country Residence or of Rural Residence Districts. 4.18 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. 4.19 On any lot in any Residence District, garaging or off-street parking, covered or open, of not more than four motor vehicles, of which not more than two may be cmmnercial vehicles, but not counting farm trucks nor motor-powered agricultural implements of an agriculturally active farm or orchard on which such vehicles are parked. 4.~$ IN NEIGHBORHOOD BUSINESS DISTRICTS 4.21 Stores not exceeding fifteen hundred (1500) square feet floor area per store for the retail sale of food, drugs and other articles or commodities for use and consumption in neighbor- ing households, but not for the sale of alcoholic liquors in any form, whether on draft or in packages. No Neighborhood Business District shall be more than three (3) acres total land area, including offstreet automobile parking spaces. In addition there may he permitted in a Neighborhood Business 24 4.22 4,23 District an automobile lubricating and gasoline filling station but only on petition, subject to site plan review and approval by the Board of Appeals, after public hearing thereon with due notice given. Automobile repair garages and automobile sales places shall not be permitted in Neighborhood Business Districts. No loading platforms or receiving doors shall be located on the street side of any retail store or other commericial building in a Neighborhood Business District. Dwellings, subject to the same lot size, yard space and all other restrictions and conditions as would apply if such dwell- ings were located in a Village Residence District, also churches, schools, libraries, museums, local passenger stations and mu- nicipal or other public or civic buildings. 4,3 IN GENERAL BUSINESS DISTRICTS 4,31 Retail and wholesale stores, salesrooms, showrooms or places for any professional, artistic or mercantile activity not in- volving large-scale manufacturing on the premises, except that retail bakeries or retail confectioneries in which not more than five persons are engaged in the manufacture and sale on the premises of the bakery or confectionery goods there produced, including ice cream, shall be permitted. 4,32 Banks, offices and municipal, civic or public service buildings such as post office, telephone exchange, town offices, school, library, museum, church, local passenger station. 4.33 Hall, club, theatre or other place of amusement or assembly. 4.34 Automobile service and filling stations, automobile repair garages including automobile body repairs and painting, and automobile sale agencies for new and used cars provided there be not displayed or stored outdoors on such premises more than twenty-five (25) automobiles or other vehicles. 4.35 Restaurant, dining room or lunch room. 4.36 Dwellings subject to the same lot size, yard space and all other restrictions and conditions as would apply if such dwellings were located in a Village Residence zoning district. 4.4 4.41 Any manufacturing, processing, w'nolesa]ing, warehousing or other commercial non-retail activity employing substantially noiseless and inoffensive motive power, and involving quiet machinery and processes, and free from neighborhood disturb- ing odors or agencies, and uses of land and of buildings cus- tomarily accessory to such activity including the busi- ness office of such activity, provided that the appli- cant for a permit to build, expand or alter any manufacturing industry or other permitted activity or, any activity accessory thereto shall show by written statements or other exhibits attached to the application for such permit that the activity proposed will not be noxious, offensive or detrimental to the neighborhood or to the Town by reason of special danger of fire or explosion, pollution of water ways, emission of corro- sive, toxic or noisome fumes, gas, smoke, soot, obnoxious dust, disagreeable odors, offensive noises or other objectionable characteristics. 25 4.42 Farming and accessory dairy activities as specified in para- graphs 4.17, 4.18 and 4.19; also farm dwellings on premises actively farmed; and poult~ slaughtering, packing and pro- cessing but no other meat or ~nimal slaughtering or packing. 4.43 Premises of a bank, post office, telephone exchange or tele- phone business office, local bus passenger station, airport. 4.44 On petition, subject to site plan review and approval by the Board of Appeals after a public hearing thereon with due notice given, an automobile service and filling station, a motel, a diner, a restaurant, a retail food store, but not other retail stores of any kind. 4.45 Expressly prohibited m inffustzial districts are automobile junk yards, automobile outdoor dead storage yards and auto- mobile outdoor display yards. 4.5 MOTELS l~otels shall be permitted in any zoning district but only in accordance with the standards set forth below and only after a public hearing by the Planning Board with due notice given on application for a motel building permit or for a building permit for a motel expansion or alteration costing more than $500 and only alter site plan review and approval by the Plan- ning Board endorsed in writing on the site plan with or with- out any conditions. 4.51 If application for a pera-~it to build a motel or to alter or add to a motel at a cost of $500 or more shall be in writing and shall include a diagram and a statement of the ownership, area, dimensions, boundaries and principal elevations of the land for which such permit is sought, the names of all ad- joining owners as found in the most recent tax list, the loca- tions of existing public or private ways nearest such land, and a plan, profile and cross-sections of all driveways and parking areas proposed, also the true location and ground coverage outline and dimensions of every building or structures proposed to be erected thereon. One copy of each such application and plot plan diagram and statement shall be kept on file in the office of the Building Inspector. One copy of each such application and diagram and statement above required shall be filed with the Planning Board with a letter requesting the Board to review the site plan attached and to hold a public hearing therein. Notice of such public hearing shall be given by the Planning Board by publication at the expense of the applicant in a newspaper of general circulation in North Andover and the first appearance of such published notice shall be twelve days (12) at least before the date set for such hearing. A permit to build a motel or to alter or add to a motel at a cost of $500 or more shall not be issued by the Building Inspector until he has received from the Planning Board a written statement of final approval by the Planning Board of the site plan for such motel or addition or alteration, and such statement by the Planning Board shall include a recital of the date on which the Planning Board held the public hear- ing above required, and a recital of the findings of the Planning Board after such hearing, including any conditions imposed by the Planning Board as part of its final approval, and the Building Inspector shall enforce the fulfilhnent of such condi- tions. 4.52 4.53 26 4.54 In reviewing each such aplieation, the Planning Board shall study the motel site plan proposed relative to the health, safety and welfare of the prospective occupants, also the oc- cupants of neighboring properties, and users of the adjoining highway, and the welfare of the town generally, including amenity and pleasantness of site plans. In addition to eom- pliance with all of the Land Space and Building Space Require- ments set forth below, the Board shall look for: (a) Traffic safety and ease of access at street and highway entrances and exits of motel driveways, taking account of grades, sight distances and distance between such driveway entrances or exits and the nearest existing street or highway intersections. (b) Safety and adequacy of motel driveway layout, also of parking and loading areas for motel patrons, and sufficiency of access for service vehicles such as elec- tricity, gas, fuel, telephone, laundry, rubbish removal, water, sewer, fire, police, ambulance or other routine or emergency vehicles. (c) Safe and adequate means of sewage, of garbage, and rubbish disposal; of water-supply and fire-fighting while awaiting the Fire Dept.; of heating and ventilating; also of cooking if cooking facilities be £urnisbed. (d) Assurance of positive storm-water drainage and snow- melt run-off from all driveways and parking and load- ing areas. Landscaping and building layout such as shall protect proposed motel bedroom windows from constant night invasion by automobile headlight beams or glare from illuminated signs or driveway lights. (e) Sound-proofing between sleeping rooms; windows not looking directly from room to room: and lobby or office space for registration, room keys, and safe-keeping of valuables; also lounge for waiting or writing by patrons. 4.55 Motel lot size, land coverage, yard space and building design regulations: (a) The lot for any motel shall contain not less than three (3) acres total land area excluding any water bodies of one-half (~) acre water service area or more, provided such lot be not less than three hundred (300) feet wide at the frontage street and throughout the first two hundred (200) feet of depth of such lot, measuring from the frontage street lot line. (b) No part of any building on a motel lot shall be closer than fifty (50) feet to the front lot line. rear lot line or either side line of such lot. A green yard space not less than twenty (20) feet wide, measured at a right angle to each of aforesaid lot lines, shall be maintained open and green with grass, bushes, flowers and trees all along each side lot line or rear lot line of such a lot, and (except for entrance and exit driveways) along the entire front l/ne of such lot, and such yard space shall not be built on nor paved nor used for automobile parking, (c) There shall be one (bituminous) concrete off-street and offmaln driveway paved automobile parking space, open or roofed, directly adjoining each motel rental unit. 27 4.6 (d) Building on a motel lot shall not cover more than twenty-five (25%) per cent of the ]and area of sllch lot, excluding any water bodies as above specified. Not less than seventy-five (75%) per cent of the land area of such a lot shall remain open and un-built on but such open space may be used for automobile off-street parking, drive~vays, sidewalks and mote] service yards, except that such use shall not be permitted in any part of the twenty (20) foot wide green perimeter strip above specified. (e) There shall not be erected more than twenty (20) mote] rental units per acre of motel lot land area, excluding any water bodies as above specified. (f) Each motel rental unit shah be not less than two hun- dred fifty (250) square feet habitable floor area en- closed by walls and roof, exclusive of any adjoining portions of roofed or covered walkways. Each motel ren- tal sleeping room shall not be less than fifteen (15) by fifteen (15) feet horizontia] dimensions, exclusive of bath or kitchenette. Each such room shall have a pri- vate bath attached. (g) Each motel structure shall contain not less than six (6) nor more than twelve (12) individual motel rental units, unless each section of twelve (12) such units be separ- ated by an unbroken firewall from any further addi- tional such units. Each motel structure shall be of fire- proof construction. Each such structure may be con- nected with other similar st~uctures by a covered walk- way if of fire resistive materials. Whether or not so connected, the nearest parts of the walls or corners of such structures shall be separated by a land space otherwise open and unbuilt on of not less than thirty (30) feet, and in which, within the area hounded by the intersecting projections of the side lines of adjacent buildings, there shall be no automobile parking or loading. th) Buildings on motel lots shall be one-story and not more than twenty-five (251 feet in height, notwithstanding any building-height provisions in the zoning district in which such buildings are situated, except that not more than two apartments for o;vner or resident manager or other resident staff may be on a second-story not to exceed thirty-five (35) feet in height. ti) On each motel lot there shall be provided at least one apartment for a resident owner or manager or other responsible staff person. Each snch apartment shall be not less than eight hundred (800) square feet floor area. Such apartment many include the rental office of the motel, and a lounge or other public rooms for the use of motel patrons. Such apartment may be on a second floor as provided in th) above but only if ever a lounge or office or other public rooms or storage or supply rooms of the motel. No second story premises shall be located over any mote/ rental unit. OUTDOOR LIGHTING In all zoning districts other than General Business Districts, any outdoor lighting fixture whether temporary or permanent 28 shall be so placed or hooded that the light source therein is not directly visible to any motorist and so that the light source therein is not directly visible to any point beyond the lot lines of the premises illuminated by such outdoor lighting fixture. 5.2 5.3 SECTION 5: EARTH MATERIALS REMOVAL The removal of sod, loam, soil, clay, sand, gravel, or stone from any land in the Town of North Andover not in public use is hereby prohibited except such removal as may be authorized in any zoning district by a permit issued by the Board o£ peals and except snch removal as is permitted by paragraphs 5.3 and 5.4 of this seetien. No such permit shall be issued ex- cept upon written application therefore to the Board of Appeals with copy to the Planning Board and after a public hearing on such application by the Board of Appeals. Such application shall include a diagram to scale of the land concerned, indicat- ing existing and proposed elevations in the area to be excavated and stating the ownership and boundaries of the land for which such permit is sought, the names of all adjoining owners as found in the most recent tax list and the approximate idea- tions of existing public and private ways nearest such land. Notice of said private hearing shall be given by publication in a newspaper published in or of general circulation in North Andaver twelve (12) days at least before the date of such hearing. A copy of any permit granted hereunder by the Board of Ap- peals, stating alt of the conditions imposed, if any, including but not limited to limitation of such removal in: (a) extent of time, (b) area and depth ef excavation, (e) steepness of slopes excavated, (d) distance between edge of excavation and neighboring properties or ways, (e) temporary or permanent drainage, (f) the posting of security or bond, {g) the replacement of not less than six (6) inches of top- soil over the whole of any area from which earth mate- rials are removed where the location of such removal is afterward to become a residential subdivision, or, (h) in the case of continuing sand or gravel pit operations in one general locus, reeoverlng the finished cut banks witli a minimum of four (4) inches of top-soil; or a copy of the denial by the Board of Appeals of any applica- tion for such, stating the reasons for such denial, shall be mailed forthwith by the Board to the parties in interest, in- cluding also the Planning Board and the Building Inspector. This regulation shall be deemed not to prohibit the removal of such sod, loam, soil, clay, sand, gravel or stone as may be required to be excavated for the purposes of constructing foundations for building or other allowable structures for which building permits have been issued, or for the purpose of constructing ways in accordance with lines and grades ap~ proved by the Planning Board or by the Board of Appeals or for the purpose of constructing utilities or other engineering 5.4 works for public service. Nor shall this regulation be deemed to prohibit the transferral of sod, loam, soil, clay, sand, gravel, or stone from one part of a lot, tract or parcel of land to an- other part of the same lot, tract or parcel of land in the same ownership. This regulation shall further be deemed not to prohibit the removal of the above specified earth materials by any per- son, firm or corporation who on the effective date of this regu- lation shall be lawfully engaged in the business of dealing in or with any of such materials, or shall be a party to an agree- merit for the removal of any thereof, and who shall, within thirty (30) days after such effective date, apply to the Board of Appeals for a permit for such removal, provided that the period within which such removal may be carried on under this paragraph shall end on the date of formal action by the Board on such application or, if no such application be filed, on the thirtieth (30) day after the effective date of this regulation. SECTION 6: LOT AREAS AND LOT WIDTHS REQUIRED AND SPECIFIC EXCEPTIONS 6.1 In determining the fulfillment of the minimum area and mini- mum width of lot required in any zoning district, there shall not be included any land within the limits of a street upon which such lot abuts, even if the fee to such street is in the owner of the lot; except that if a corner lot at its street corner is bounded in part by a seg~ment of curved line not more than seventy-five (75) feet in length connecting other lines bound- ing such lot which if extended would intersect, the area and width required in such lot shall be computed as if such po- tentially intersecting lines were so extended; but if a cuwed line more than seventy-five (75) feet in length is the whole of any one boundary line of a lot, the minimum area and mini- mum width required shall be determined entirely within the lines bounding such lot, including such curved line. 6.2 No lot, upon which is then located any building or with re- spect to which a permit has been issued and is then outstanding for the erection of any building, shall be sub-divided or reduced in area in any manner unless said lot shall thereafter fulfill the lot area, lot width and yard space requirements of this Bylaw except as may be permitted otherwise by the Board of Appeals. If land be subdivided, conveyed, devised or other- wise transferred in violation hereof, no building permit or other permit shall be issued with reference to any of the land so transferred or to the lot(s) retained until all of such land and lots meet the requirements of this Zoning By]aw. Any ]and taken by eminent domain or conveyed for a public pur- pose for which the land could have been or was taken by emi- nent domain shall not be deemed to be transferred in violation ef the provisions hereof. 6.3 II~ RESIDENCE DISTRICTS 6.31 In Village Residence Districts no principal permitted building shall hereafter be erected except on a lot containing not less than fifteen thousand (15,000) square feet area and not less than one hundred (100) feet width at the street frontage, ex- PO cept as may be permitted otherwise by the Board of Appeals in Village Residence Districts as further specified in Section 6.6 below, 6.32 In Country Residence Districts no principal permitted build- ing shall hereafter be erected except on a lot containing not less than twenty-five thousand (25,000) square feet area and not less than one hundred twenty~five (125) feet width at the street £rontage, 6,33 In Rural Residence Districts no principal permitted building shall hereafter be erected except on a lot containing not less than fifty thousand (50,000) square feet area and not less than one hundred fifty (150) feet width at the street frontage. 6.4 IN GENEI~,AL BUSINESS DISTRIC!T$ AND IN NEIGHBORHOOD BUSINESS ])ISTRICTS 6.41 Each lot shall contain not Jess than twenty-five thousand (25,000) square feet area and be not less than one hundred twenty-five (125) feet width at the street frontage, and not more than thirty-five (35) per cent of the total area of any such lot may be covered by buildings. 6.42 Any yard space or area required to be kept open and unbuilt upon on such lot may nevertheless be used for off-street auto- mobile parking, if other~vise lawful, except that a green strip not less than ten (10) feet wide on which to grow grass, bushes, flowers or trees shall be maintained open and green; unbuilt on, unpaved and not parked on, all along each side or rear property line of such a let wherever it abuts land residentially zoned. 6.5 IN INDUSTRIAL DISTI~ICTS 6.51 Each lot shall contain not less than fifty thousand (50,000) square feet area and be of not less than one hundred and fifty (150) feet width at the street frontage and not more than thirty-five (35) per cent of the total area of any such lot may be covered by buildings. 6.52 Any yard space or area required to be kept open and unbuilt on on such lot may nevertheless, if otherwise ]awful, be used for off-street automobile parking, or for outdoor storage of articles, supplies and materials, except that a green strip not less than thirty (30) feet wide on which to grow grass, bushes, flowers or trees, shall be maintained open and green, unbuilt on, unpaved and not parked on, all along each side or rear property line of such a lot wherever it abuts land residentially zoned. 6~6 LOT A~EA AND LOT WIDTH EXCEPTIONS 6.61 The lot area and lot width requirements of paragraph 6.3 shall uot apply in any Residence Districts to any lot therein con- talning less area or having less width than above required if such lot was lawfully laid out and duly recorded by plan or deed prior to the effective date of such otherwise applicable requirements and if such lot be not adjoined by other land of the same owner vacant and available for combination with or use in connection with such lot, provided that the front yard, a/de yard, and rear yard requirements, if any, in effect on the date of recordinl of such plan or deed shall apply to each such lot. 6.62 In Village Residence Districts only, as to older lots of record of area or width less than the above stated requirements, and only as to such lots if mutually adjoining, vacant, and of the same owner, the Board of Appeals may permit recombination $1 6.63 of them into new lots of not less than ten thousand (10,000) square feet area each, or otherwise as may be authorized under G.L. Ch. 40A as amended. Notwithstanding any other provision of law, no amendment to this zoning bylaw shall apply to or affect the size, shape, width or frontage of any lot shown on a plan of a subdivision as defined in Section 81-I~ in Chapter 41 of the General Laws if the plan of such subdivision has been finally approved by the Planning Board and duly recorded pursuant to said Chapter 41 prior to such zoning bylaw amendment, for a period of two years from the date of final subdivison approval by the Plan- ning Beard of such plan or until any such lot is divided, which- ever occurs first, without the consent in writing of the owner of such lot, and this provision shall apply only to subdivision plans approved and recorded on or after the effective date of this sub-paragraph. SECTION 7: YARD SPACES REQUIRED 7.1 In all Residence Districts there shall be provided on each lot open yard spaces of not less than the number of feet depth below stated all along the front, rear and each side property line of sucll lot, except as may be permitted otherwise by the Board of Appeals in Village Residence Districts only and only in cases therein where the literal enforcement of the nmnber of feet yard depth stated below as to one or more of such yard spaces would cause unusual hardship or severe practical difficulty peculiar to the placement of a building on such lot but not on other lots adjoining or nearby within the same Village Residence Zoning District. 7.2 No building or structure shall hereafter be erected, altered or moved so that any part thereof (except eaves, steps or un- covered pt~rches) shall he nearer than the number of feet be~ low stated from the front, side or rear line of any lot in any Residence District. 7.21 Rural Residence, 30 feet. 7.22 Country Residence, 30 feet. 7.23 Village Residence, ~5 feet, except that the front yard on any lot in a Village Residence District shah be either: (a) not less than thirty (30) feet depth, or; (b) a depth not less than the average of the front yard depths of lots adjoining or within two hundred fifty (250) feet each side of the lot in question, if the exist- ing buildings on such lots front on the same street and are within the same Village Residence zoning district as the lot in question; (c) provided also that where such existing buildings are already more than thirty (30) feet distant from said street line, no part of any new building shall be nearer said line than the average of the front yard depth of such existing buildings on lots adjoining or within two hundred fifty (250) feet each side of the lot in question. 7.3 In Neighborhood Business and in General Push, ess Districfs there shah be provided on each lot an open yard space of not less fhan twenty-five (25) feet depth all along the front and along each side property line of such lot except as may be per- ~2 7.4 mitted other~vise (but only as to front yards and side yards) by the Board of Appeals on petition of the property owner concerned after a public hearing thereon with due notice given. In the rear of every building or structure hereafter erected in any Business District there shall be an open yard space unbuilt upon of not less than thirty-five (35) feet depth. No Building or structure shall hereafter be built, altered, moved, recon- structed, or extended sa that any part thereof including load- ing platforms, covered or open, but not eaves, or steps, shall be nearer than twenty-five (25) feet from the front line or side line of any/et in such district, nor nearer than thirty-five (35) feet from the rear line of such lot. In Industrial Districts there shall be provided en each lot an open yard space of not less than thirty-five (35) feet depth all along the front line and along each side line of such lot, and not less than fifty (50) feet depth along the rear line of such lot, except that an open yard space of not ]ess than fifty (50) feet depth shall be provided on any lot in an Industrial District wherever such lot abuts land residentially zoned, and except that any masonry industrial building built prior to June 1, 1956 and standing and in active industrial use on June 1, 1956 may be restored, repaired or rebuilt on the location where it stood June 1, 1956 without complying with the foregoing yard space requirements but this exception shall not apply to any other buildings. 8.1 8.2 8.3 8.4 8.5 SECTION 8: BUILDING HEIGHTS PERMITTED In Residence Districts dwellings shall not exceed two and one- half stories or thirty-five (35) feet in height. In Neighborhood Business Districts dwellings and business structures shall not exceed two and one-half stories or thirty- five (35) feet in height. In General Business Districts dwellings, business and other retail or commercial structures shall not exceed three stories or forty-five (45) feet in height. In Industrial Districts buildings shall not exceed fifty-five (55) feet in height. The foregoing limitations of height in feet in the zoning districts designated shall not apply to farm buildings on farms of not less than (10) acres area, nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, processing towers and other accessory structural features usually erected at a height greater than the main roofs of any buildings, nor to domes, bell towers or spires of churches or other buildings, provided all such features are in no way used for living pur- poses, and further provided that no such structural feature of any non-manufacturing building shall exceed a height of sixty- five (65) feet from the ground nor of a manufacturing building a height of eighty-five (85) feet from the ground except by per- mission of the Board of Appeals acting under G. L. Ch. 40A as amended. 9.1 SECTION 9: BOARD OF APPEALS, ITS POWERS AND DUTIES There shall be a Board of Appeals of five members which shall have and exercise all the powers provided under G.L. Chapter 40A as amended, and which shall hear and decide a~l matters specifically referred to the Board of Appeals by the ~orth /kndover Zoning Bylaw and other matters referred to such Board by statute. On each appeal arising under the North Andover Zoning Bylaw, the Board of Appeals shall hold a public hearing of which notice shall be given by publication in a newspaper of general circulation in North Andover twelve (12) days at least before the date of such bearing. The Board shall also notify by registered mail all owners of property with- in three hundred (300) feet of the boundaries of each lot or lots involved. Such notices shall be mailed to such owners at the addresses appearing for them in the most recent town tax listing of said owners. SECTION 10: ZONING AMENDMENTS 10.1 The Planning Board, on its own initiative, or on petition signed by not less than fifty (50) registered voters of North Andover, shall hold a public hearing on any written proposal to euuend the Zoning Byla~v or the zoning map and shall report its recom- mendations thereon, if any, to a North Andover Town meeting. 10.2 Each proposal to change the zoning map shall be made in writ- lng and shall explicitly state the nature, extent and location of the map change proposed and shall be accompanied by: (a) Three blackline prints of a diagram to scale showing and stating clearly the dimensions in feet of the land area proposed to be changed as to zone, (b) also a sketch or other explicit identification of the loca- tion of such land in relation Zo the majority of the rest of the Town. 10.3 Notice of the aforesaid public hearing on a zoning amendment shall be given by publication in a newspaper published in or of general circulation in North Andover twelve (12) days at least before date of such hearing and by mailing copies of such notice as published to such parties as the Planning Board may deem interested, at the addresses for such parties as they ap- pear in the most recent North Andover real estate tax records. 11.1 SECTION 11: ENFORCEMENT The North Andover Zoning Bylaw shall be enforced by the North Andover Building Inspector. The Building Inspector, upon being informed in ~vriting of a possible violation of this Bylaw or on his own initiative, shall make or canse to be made an investigation of facts and an inspection of the premises where such violation may exist. The Building Inspector, on evidence of any violation, after investigation and inspection, 11.2 11.3 11.4 shall give written notice of such violation to the owner and to the occupant of such premises, and the Building Inspector shall demand in such notice that such violation be abated within such reasonable time as may be designated therein by the Building Inspector. Such notice and demand may be given by mail, addressed to the owner at the address appearing for .him on the most recent real estate tax records of North Andover, and to the occupant at the address of the premises of such seeming violation. If, after such notice and demand, such violation has not been abated within the time specified, the Building Inspector or the Selectmen shall institute appropriate action or proceedings in the name of the Town of North Andover to prevent, correct, restrain or abate any violation of this Bylaw. No building shall be erected, altered or moved in North Ando- ver without a written permit issued by the Building Inspector. Such permits shall be applied for in writing to the Building Inspector, and he shall not approve an application for a building permit unless the plans for such building and the in- tended use thereof in all respects fulfill the provisions of this Bylaw. Each application for a permit to build, alter, or move a building shall be accompanied by a plot plan in duplicate drawn to scale showing and stating the dimensions in feet of the lot on ~vhich such building is proposed to be erected, altered or moved, also the location and ground coverage dimensions of any building already e~sting upon such lot, and the location thereon and ground coverage dimensions on such lot of any building or structure proposed to be erected or moved onto it. Such plot plan shall also show each street, alley or right-of- way on or adjacent to the lot in question. One copy of each such application and plot plan shall be kept on file in the office of the Building Inspector. SECTION 12: CONFLICT OF LAWS VALIDITY, SEVERABILITY 12.1 In general this Bylaw is supplementary to other North Ando- ver Bylaws affecting the use. height, area, and location of build- ings and structures and the use of premises. Where this Bylaw imposes a greater restriction upon the use, height, area and location of buildings and structures and the use of premises than is imposed by other Bylaws, the provisions of this Bylaw shall control. 12.2 The invalidity of any section or provision of this Bylaw shall not invalidate any other section or provision thereof. THE NORTH ANDOVER PLANNING BOARD NICHOLAS F, NICETTA, Chairman JOHN B. OSGOOD, Sccretary RALPI-I E. FINCK, Esq. I-IO'WARD L. GILMAiW JAMES i~. BANNAN $5 ARTICLE 2. To see if the Town will raise and appropriate or transfer from available funds the sum of $1500.00 to be used by the Planning Board for publishing and printing in such form as may be determined by the Planning Board, the Zoning By-Laws as they may be finally approved at the Town Meeting of June 30, 1956 or any adjournments thereof, provided said By-Laws are otherwise made effective by such approval as might be required by the Attorney General and such publi- cation of said approved amended Zoning By-Laws as tnay be legally required. ARTICLE 3. To see if the Town will raise and appropriate or transfer from available funds the sum of Four Thousand ($4,000) Dollars to be used with Four Thousand ($4,000) Dollars of the Eight Thousand ($8,000) Dollars allocated by the federal government for North Andover Town Planning Finan- cial Aid under Section 701 of Title 7 of the Federal Housing Act of 1954, and to see if the Town will vote to instruct the Planning Board and the Selectmen of North Andover to enter into contract with the Commonwealth of Massachusetts, Depart- ment of Commerce, Planning Division, for planning services to be rendered within twelve (12) months from the date of execution of such contract in accordance with such program and specifications as the Selectmen, the Planning Board, and thc State Planning Division may agree in writing. ARTICLE 4. To see if the Town will raise and appropriate or transfer from available funds the sum of Eight Hundred ($800) Dollars to be used by the Planning Board with the $750.00 appropriated under Article 5, item 11 of the Warrant for the March 1956 Annual Town Meeting for extra operating expenses of the Board, including but not limited to additional clerical, postage, supplies, materials, reproductions, etc. occa- sioned by entering into the Federally-Aided Town Planning Program contemplated. ARTICLE 5. To see if the Town of North Andover will vote to amend the Zoning By-Law by changing from General Resi- dential to Business, the following described parcel of land. A parcel of land located on the westerly side o£ Ghickering Road, bounded and described as follows: Beginning at a point in the westerly line of Ghickering Road, said point being at station 22-79,34 of the State Highway stationing; thence northwesterly by the.northerly line of a brook or ditch, 186.4 feet to a point; thence again northwesterly, by the northerly line of said brook, 110 feet 36 to a point; thence southwesterly, 185 feet to a point in the north- erly line of Cotuit Street; thence northwesterly by the northerly line of Cotuit Street, 130.69 feet to a point; thence northwesterly and. westerly by a curve of 193.01 feet radius, 237.10 feet to a point in the northerly line of Cotuit Streeti thence westerly by. said northerly line o£ Cotuit Street, $32.84 feet to a point; thence northerly 25.160 feet to a point; thence north- westerly 241.23 feet to a point; thence northeasterly 50 feet to a point; thence northwesterly 100 feet to a point; thence northeasterly 100 feet to a point in the southerly line of Ipswich Street; thence northwesterly by the southerly line of Ipswich Street 117.66 feet to a point; thence northwesterly and westerly by a curve of 52.67 feet radius, 30.91 feet to a point, thence northerly across Ipswich Street, 40 feet to a point; thence north- easterly by a stone wall, 1315.52 feet to a coruer in the wall; thence southeasterly by the wall 645.5 feet more or less to the corner in the wall; thence southeasterly by the fence 218.3 feet to Chickering Road; thence southerly by the westerly line of Chickering Road 656,9 feet more or less to the point of beginning. Petition of Edward Melamed and others. Petition re-sub- mitred by Planning Board. ARTICLE 6. To see if the Town of North Andover will vote to amend the Zoning By-Law by changing from General Resi- dential to Business, the following described parcel of land. A parcel of land located on the southerly side of Sutton Street and on the westerly side of Osgood Street, bounded and described as follows: Beginning at the intersection of the westerly line of Osg-ood Street with the southerly line of Sutton Street; thence southerly by the westerly linc of Osgood Street 873,62 feet to a point; thence westerly 197.82 feet to a point; thence northerly 347.33 feet to a point which is 200 feet westerly of Osgood Street; thence again northerly 500 feet to a point in the southerly line of Sutton Street; thence easterly by the so. utherly line of Sutton Street, 200 feet to the point of begin- mug. Petition of Edwin C. Murphy and others. Petition re-sub- mitted by Planning Board. ARTICLE 7. To see if thc Town of North Andover will vote to amend the Zoning By-Law by changing from General Resi- dential to Business, the following described parcel of land. A parceI of land located on the easterly side of the Salem Turnpike and on the northerly side of Peters Street, bounded and described as follows: Beginning a.t an Essex County Bound marking the easterly end of a curve at the junction of Peters 37 Street and the Salem Turnpike, thence southwesterly, westerly and northwesterly by a curve of 80 feet radius, 120.83 feet to a stone bonnd; thence northwesterly by the easterly line o£ the Salem Turnpike about 115 feet to a point; thencc northeasterly at an angle o£ 90 degrees with the last described line 150 feet to a point; thence uorthwesterly at an angle of 90 degrees with the last described line, 225 feet to a point; thence southwesterly at an angle of 90 degrees with thc last described line, 150 feet to a point in the easterly line of the Salem Turnpike; thence nortlxwesterly by tim easterly line o£ the Salem Turnpike, about 75 feet to a highway bound; thencc again northwesterly by the easterly line of the Salem Turnpike by a curve o£ 4,000 feet radius, 511.6 feet to a point; thence northeasterly by a stone wall, 620.45 feet to a point; thence again northeasterly by said stone wall, 118.49 feet to a corner in the wall; thence southeasterly by a stone wall, 652.71 feet to a point; thence southwesterly 175 feet to a point; thence southeasterly 300 feet to a point in the northerly line of Peters Street; thence south- westerly by the northerly line of Peters Street, 331.20 feet to the point of beginning. Petition of John D. Driscoll and others. Petition re-sub- mitted by Planning Board. And you are hereby dirccted to serve this warrant by posting true and attested copies thereof, at the Town Ottice Building, and at five or more public places in each voting precinct. Said copies to be posted not more than fifteen days nor less than ten days before the time of holding said meeting. HEREOF, FAIL NOT, and make due return of this warrant with your doings thereon to the Town Clerk, at the time and place of said meeting. Given under our hands at North Andover, Massachu- setts, the eleventh day of June in the year of our Lord one thousand nine hundred and fifty-six. WILLIAM A. FINNERAN } Board RAYMOND BROADHEADi of ARTHUR P. KIRK Selectmen A true copy, ATTEST: ..................................................................... Constable North Andover, Massachusetts, June .................... 1956.