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Home My WebLink AboutMiscellaneous - 5 Wood Avenue a, �c �i Iv,' 1 II! / FORM 4—SYSTEM PUMPING RECORD RECEIVED EEB 26 2013 Commonwealth o wealth of Massachusetts TOWN OF NORTH ANDOVER North Andover, Massachusetts HEALTH DEPARTMENT System Pumping Record System Owner: System Location: Trustee of Reservation 5 Wood Lane 572 Essex Street North Andover Beverly,MA 01915 Date of Pumping: 2/01/13 Quantity Pumped: 400 gallons Cesspool: No ® Yes ❑ Septic Tank: No ❑ Yes (Pump Chamber) System Pumped by: D.F. Clark, Inc. License: BHP-2013-0030 Contents transferred to: Ipswich Wastewater Treatment Plant Date: Inspector: TOWN OF NORTH ANDOVER OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 i og"ORT"�� Telephone(978)688-9545 FAX(978)688-9542 �QSS9CHU5 4 September 28,2000 The Trustees of Reservations 5 Wood Lane North Andover MA 01845 Re: Sheep Pilot Program Dear Mr.Murray: In reply to your correspondence of September 7 and 19,2000,I have researched the North Andover Zoning By-Law and Massachusetts General Law 40A,Section 3. In my opinion and the opinion of Town Counsel the use of the Sheep grazing program at the Stevens—Coolidge Place and Weir Hill reservation,both of which are located in residential districts(R-1,R-2,or R-3)and one of which is located in the Watershed District is not permitted. Pursuant to the Zoning By-Law Section 8,paragraph 1.10, "In residence districts parking or outdoor storage of one(1)recreational vehicle(camper,etc.)and one(1)boat per dwelling unit may be permitted in an area to the rear of the front line of the building. All other recreational may be permitted in an area to the rear of the front line of the building. All other recreational vehicle and boat storage(if any)shall be within enclosed structures". In my opinion,the proposed camper is not a recreational vehicle pursuant to the By-Law and therefore is not permitted. Enclosed for your review is a copy of correspondence received from"Town Counsel addressing the proposed Sheep Pilot Program. If you require further assistance please call me at my office,978-688-9545. Very truly yours, D.Robert Nicetta, Building Commissioner DRN:jm j File: Steven Coolidge—Sheep Pilot Program I i URBELIS, FIELDSTEEL&BAILIN,LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 DEVRA G.BAILIN Telephone 617-338-2200 Andover Office E-MAIL:dgbLcbufb.com Telecopier 617-338-0122 Telephone 978-475-4552 September 22, 2000 t t; V l s " VIA FAX AND MAIL SEP 2 5 � ' o. D. Robert Nicetta ;s Building Commissioner � aa� t 27 Charles Street North Andover,MA 01845 Re: Trustees of Reservations Sheep Pilot Program Dear Bob: From our discussions it is my understanding that the Trustees of Reservations want to establish a sheep grazing program on two of its properties in North Andover (The Stevens- Coolidge Place and Weir Hill Reservation), both of which are located in residential districts (R1, R-2, or R-3) and one of which is also located in the Watershed District. Neither of these properties is used primarily for agricultural purposes. In addition to sheep grazing, the Trustees have expressed a desire to install a fully contained trailer to house the shepherd: You inquired as to our opinion whether the Trustees 'may establish such a program on residentially zoned property and'whether they may install a trailer to service such a program. In our opinion, such uses would not be allowed. As we discussed, Massachusetts General Laws Chapter 40A, §3 contains certain protections for land used primarily for agricultural uses. It provides in relevant part that: No zoning ordinance or by-law shall regulate or restrict the use of materials, or methods of construction of structures regulated by the state building code, nor shall any such ordinance or by-law prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture, horticulture, floriculture, or viticulture; nor .prohibit, or unreasonably regulate, or require a special permit for the use, expansion, or reconstruction of existing structures thereon for the primary purpose of agriculture, horticulture, floriculture, or viticulture, including those facilities for the sale of produce, and wine and dairy products, provided that during the months of June, July, August, and September of every year or during the harvest season of the primary crop raised on land of the owner or lessee, the majority of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located, except that all such activities may be limited to parcels of more than five acres in area not zoned for agriculture, horticulture, floriculture, or viticulture. (Emphasis added.) s:\wp5l\workln-andove\cotresp\nicetta3.ltr.doc URBELIs, FIELDSTEEL&,BAILIN,LLP D. Robert Nicetta, Building Commissioner September 22, 2000 Page 2 I §3 also protects temporary manufactured home residences,but only as follows: No zoning ordinance or by-law shall prohibit the owner and occupier of a residence which has been destroyed by fire or other natural holocaust from placing a manufactured home on the site of such residence and residing in such home for a period not to exceed twelve months while the residence is being rebuilt. Any such manufactured home shall be subject to the provisions of the state sanitary code. The North Andover Bylaw provides a list of pennitted uses in Residence 1, 2, and 3 Districts. Included in the permitted uses are "Agriculture, horticulture, floraculture [sic], viticulture, silvaculture [sic]." The Bylaw does not define any of these agricultural uses. We understand the Bylaw to permit such uses in residence districts 1 through 3 as a primary use. Even for land used as agriculture as a primary use,the Bylaw limits the number of animals which can be kept on the land. We do not construe this provision as allowing secondary uses in conjunction with other permitted uses. (There is nothing in the Bylaw permitting mixed uses on a lot.) We construe the Bylaw to permit the keeping of animals as accessory to the primary agricultural use. Thus, we would not construe the provision allowing the keeping of animals on agricultural lands to permit an ordinary residential homeowner to put sheep on their property provided they have the requisite acreage as set forth in 6(b) or 6(c). Similarly, because, as we understand it,the Trustees' properties are not being used primarily for agricultural purposes, they may not graze sheep on their land in a residential zone. As to the use of the trailer on the properties, one must look to Section 8 of the Bylaw. Under subsection 1.10: "In residence districts parking or outdoor storage of one (1) recreational vehicle (camper, etc.) and one (1) boat per dwelling unit may be permitted in an area to the rear of the front line of the building. All other recreational vehicle and boat storage (if any) shall be within closed structures." In our opinion. a trailer as Proposed by tlie Trustees is no, a recreational vehicle as envisioned by this section. It is really a second structure on the lot and one that is not accessory to the primary use as defined in the Bylaw as "[a] use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building." The Bylaw does not seem to allow trailers in the residential districts and they would be only be allowed in compliance with G.L.c. 40A, §3. Some argument could be made that the non-accessory uses proposed here might be allowed by special permit. Paragraph 4 of Section 10.3.1 provides: The Special Permit Granting Authority may, within the guidelines for Special Permits contained herein, allow accessory uses whether located on the same lot as the principal use or not, wherever necessary in connection with scientific research, scientific development or related production provided that the Special Permit Granting Authority finds that the proposed accessory use does not substantially derogate from the public good. I URBELIS, FIELDSTEEL&BAILIN, LLP D. Robert Nicetta,Building Commissioner September 22, 2000 Page 3 i I It is not clear that this provision was intended for the purpose and/or use proposed here, as the use is not related to some scientific research and development. For the property located in the Watershed Protection District, any use of the property must comply with the provisions of Section 4.136. Please let me know if you require any further information or if the `facts' on which we relied are not accurate. Very truly yours, C Devra G. Bailin DGB:Ias I