USA > Massachusetts > Essex County > Andover > Town annual report of Andover 1955-1959 > Part 41
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"Article 1, Section 3.
A motion for a secret ballot on an article in a Town Warrant which has been properly made and seconded Shall be put to a standing vote. If the motion upon such
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standing vote is approved by twenty-five per cent (25%) or more of the members present and voting, ballots approved by the Moderator as to form shall be used for voting on the article.
Ballots shall be in the possession of the Modera- tor at the call to order of the meeting and it shall be the responsibility of the Moderator to make certain that they are in his possession before he calls the meeting to order."
ARTICLE 43. To see if the Town will vote to adopt the following by-law:
Any article in the warrant for any annual Town Meeting which proposes to make an appropriation of funds and which is disapproved by the Finance Committee shall require a two-thirds majority, of the meeting members present and voting, for adoption.
ARTICLE 44. To see if the Town will vote to accept the following by-law:
Employees of the Town of Andover shall not be eligible for elective office in the general departments in which they are employed. Any such employee seeking election to office shall take a leave of absence from his employment for at least two months prior to the date of the election.
ARTICLE 45. To see if the Town will vote to adopt the following by-law:
It shall be unlawful for any town employee or any elective or appointive official of the town, directly or indirectly, to make a contract with the town, or to re- ceive any reward from, or any share in the profits of, any person or corporation making or performing such con- tract, unless the letting of such contract results from open competitive bids; provided, however, that this by- law shall be subject to the provisions of the general laws of the Commonwealth of Massachusetts pertaining to emergencies and other circumstances in which competitive bidding is impossible. Violation of this by-law shall render the contract in respect to which such violation occurs void.
ARTICLE 46. To see if the Town will vote to adopt the following by-law:
It shall be incumbent upon every employee, and every elective and appointive official of the town, who is directly or indirectly associated with the execution of
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any contract and/or the preparation of any plans, sched- ules or programs which will result in the submission of such plans, schedules or programs or in the submission of land and/or other property or materials to any town board for approval and/or acceptance, to notify the selectmen, by registered mail, of the contract or other activity as herein described and of the nature of his interest there- in, and shall abstain from doing any official act on be- half of the town in reference thereto. Violation of this by-law shall render such employee or official subject to removal from employment or office upon proper legal ac- tion by any citizen of the town.
ARTICLE 47. To see if the Town will vote to in- struct the School Committee to expand the teachers' sal- ary study committee to add two laymen to be appointed by the Moderator and at least one of which shall be from the Finance Committee.
ARTICLE 48. To see if the Town will vote to amend the Zoning By-law by striking out that part of Section IX, paragraph 1, which reads "and in Zone C for lot frontages of not less than 200 feet and for lot areas of not less than one acre" and inserting instead, "in Zone C for lot frontages of not less than 180 feet".
ARTICLE 49. To see if the Town will vote to change from Single Residence B to Single Residence C a portion of the Town bounded as follows: beginning at a point on South Main Street 220 feet south of Ballardvale Road, thence proceeding westerly by a line 220 feet southerly from and parallel with Ballardvale Road to the intersec- tion of said line with Woburn Street, thence proceeding northerly by Woburn Street to its intersection with Ando- ver Street, thence proceeding westerly by Andover Street 540 feet to the abandoned railroad right of way, thence proceeding northerly by said abandoned right of way to its intersection with Abbot Street, thence proceeding northerly and easterly by Abbot Street to its intersec- tion with Spring Grove Road, thence proceeding southerly by Spring Grove Road to its intersection with Porter Road, thence proceeding northeasterly by Porter Road to its intersection with Hidden Road, thence proceeding northeasterly by Hidden Road to South Main Street, thence proceeding southerly by South Main Street to the point of beginning.
ARTICLE 50. To see if the Town will vote to change from Single Residence B to Single Residence C a portion of the Town surrounding Pomps Pond bounded as follows: beginning at the intersection of the Boston & Maine Rail- road with the northern boundary of the present Industrial A Zone in Ballardvale and proceeding northerly along said
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Boston & Maine Railroad to a point which is 170 feet southerly from the Central Street underpass, thence turn- ing and proceeding easterly along a line which is 170 feet southerly from Central Street, Sawyer & Torr Streets to a point which is 220 feet westerly from Abbot Street, thence turning and proceeding southerly along a line which is 220 feet westerly from and parallel to Abbot Street to the intersection of said line with the road leading to Camp Maud Eaton, thence proceeding easterly along said road to its intersection with Abbot Street, thence pro- ceeding southerly along Abbot Street to a point which is 1100 feet northerly from the intersection of Porter Road and Abbot Street, which point is the intersection of Abbot Street with an abandoned railroad right of way, thence pro- ceeding southerly along said railroad right of way to a point 170 feet from its intersection with Andover Street, thence proceeding westerly by a line 170 feet northerly from and parallel to Andover Street to its intersection with the present Industrial A Zone, Ballardvale, thence proceeding northerly, easterly and northwesterly by the boundary of the present Industrial A Zone to the point of beginning.
ARTICLE 51. To see if the Town will vote to change from Single Residence B to Single Residence C a portion of the Town bounded as follows: beginning at the inter- section of Reservation Road and the Boston & Maine Rail- road, thence proceeding southwesterly by the Boston & Maine Railroad to a point 170 feet northeasterly from the intersection of Bannister Road and Andover Street, thence proceeding westerly across Andover Street along a line which is parallel with and 170 feet northerly from Ban- nister Road to its intersection with Dascomb Road, thence proceeding southwesterly by the center line of Dascomb Road to a point 220 feet southerly of the intersection of Dascomb Road and Lovejoy Road, thence proceeding northerly by a line parallel with and 220 feet westerly from Lovejoy Road to Lowell Street, thence proceeding northeasterly by Lowell Street to Cutler Road, thence proceeding easterly by Cutler Road to Reservation Road, thence proceeding southerly by Reservation Road to the point of beginning. There is excepted herefrom the re- stricted Industrial District created under Article #54 of the Warrant for the March, 1956 Town Meeting.
ARTICLE 52. To see if the Town will vote to amend the Zoning By-law by establishing Section VI A, PLANNED SHOPPING CENTER DISTRICTS as follows:
1. A PLANNED SHOPPING CENTER DISTRICT is a business dis- trict of five acres or more for the operation of two or more retail shopping uses, and for other appro- priate uses, that
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a. requires a change in the boundaries of districts constituted under this by-law.
b. may be established in such a manner as to fit into the zoning pattern of this by-law, and
c. will constitute a harmonious, integrated, and convenient shopping center.
2. Any amendment to this by-law through which a PLANNED SHOPPING CENTER DISTRICT is established at any town meeting after the current town meeting shall be enacted only after a site plan for said DISTRICT shall have been reviewed and given pre- liminary approval by the PLANNING BOARD of the Town of Andover. Any such enactment shall become effective only after the site plan has been given final approval by the Planning Board and has been recorded and filed with the Town Clerk. In review- ing the site plan, the Planning Board shall take into account the following considerations, and may . call upon appropriate sources for advice and assis- tance related thereto:
a. Appropriateness in the placement of buildings on the land and in relation to one another.
b. Convenience and safety of vehicular and pedes- trian movement on the site and on adjoining streets and properties.
c. Adequacy of the arrangement and, where not here- in specified, the number of parking spaces in relation to the proposed use of the premises.
d. Harmonious relationship between the PLANNED SHOPPING CENTER DISTRICT and adjacent neighbor- hoods.
3. The site plan shall indicate the location of princi- pal accessory buildings on the site, together with a description of their proposed use, the areas to be de- voted to traffic circulation, the height and number of stories of all buildings and structures, the loca- tion of parking spaces and the total number of such spaces, the location of truck loading and unloading areas, and the location and type of announcement and advertising signs.
4. In a PLANNED SHOPPING CENTER DISTRICT, no new build- ing or structure, and no alteration, enlargement or extension of an existing building or structure shall be designed, arranged or constructed, and no land,
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building, structure, or part thereof shall be used, except for one or more of the following purposes :
a. Establishment for the retail sale on the premises of unused merchandise.
b. Establishment for personal or consumer service.
c. Restaurant or other place for the sale and con- Sumption on the premises of food.
d. Public, business, or professional office or bank.
e . Bus station, bus terminal, or railway station.
f. Filling station, subject to provision prescribed herein in SECTION XIV, and in SECTION XIII Article 3.
g . Commercial parking lot or parking garage.
h. Indoor amusement or recreation place or place of assembly.
i. Showroom, provided that storage is limited to floor samples.
j. Hotel or motel, subject to permission of the Board of Appeals and subject to such restrictions as said Board may impose.
k. General advertising sign of a non-flashing, non- animated type provided that such signs are onfor attached flat against the wall of the building, and that the total area of all such signs does not exceed one square foot for every one hundred square feet of ground floor area of the building to which it is attached.
1. Any other business, institutional, or public use which is found by the Planning Bd. to be appro- priate to the DISTRICT and similar in the effect on adjacent properties.
5. In a PLANNED SHOPPING CENTER DISTRICT,
a. The limit of height of buildings and structures shall be three stories or 40 feet, measured above the top of the foundation.
b. All buildings and structures, parking spaces, and truck loading and unloading areas shall be at least thirty feet from any street line and at 228
least fifty feet from any other property line ad- jacent to a SINGLE RESIDENCE, MULTIPLE RESIDENCE, or EDUCATIONAL DISTRICT.
c. All loading and unloading activities incidental to the normal operation of any establishment in the PLANNED SHOPPING CENTER DISTRICT shall be provided on the site outside of the required yard areas.
d. Paved parking space for automobiles shall be pro- vided on the site in connection with any estab- lishment or combination of establishments in the PLANNED CENTER DISTRICT, in conformity with the following provisions:
1. For business, 3 spaces for each 200 square feet of floor area or fraction thereof.
2. For a restaurant or other place serving food, or for an indoor amusement or recreation place or place of assembly, one space for each three seats, and/or for each 60 inches of permanent bench sitting area, and/or for each fifteen square feet of area without permanent seating facili- ties devoted to the assembly of people.
3. For a hotel or motel, one space for each sleeping room.
4. For medical or dental office, six spaces for each doctor or dentist.
5. For a filling station, drive-in or open- air business, or for any other use not specified herein, sufficient off-street parking spaces to accommodate the antici- pated needs of patrons and employees without habitual use of streets.
e. The PLANNED SHOPPING CENTER DISTRICT shall be screened by means of densely planted trees, shrubs, or other suitable planting at least four feet in width and six feet in height ad- jacent to the boundary of a SINGLE RESIDENCE, MULTIPLE RESIDENCE, or EDUCATIONAL DISTRICT.
6. The establishment of a PLANNED SHOPPING CENTER DIS- TRICT for two years after the date of adoption without the issuance of a building permit for con- struction and without substantial construction in accordance with the approved site plan shall con-
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stitute cause for revocation of the permit. Such action shall be taken by the Building Inspector upon the request of the Planning Board, or without such request where the Building Inspector finds that there is an absence of intent to proceed with construction. Upon revocation of the permit the zoning classification of the area shall revert to the classification of the area.in effect prior to the enactment of the PLANNED SHOPPING CENTER DIS- TRICT amendment to the By-law.
ARTICLE 53. To see if the Town will vote to change from Single Residence C to a PLANNED SHOPPING CENTER DISTRICT, two areas in West Andover and situated on both the northerly and southerly sides of Route 133 bounded and described as follows:
PARCEL 1. Beginning at the northeasterly corner there- of at a point in the southeasterly side of Lowell Street and at the northwesterly corner of Lot #1 as shown on a plan of land as subdivided by Harold M. and Alice Car- son by plan dated October 1952 and recorded in North District of Essex Registry of Deeds as plan #2701 said point being located 228.32' southwesterly from a point marking the intersection of the westerly line of Love- .joy Road with the said southeasterly side of Lowell Street; thence running south 23 - 41'-11" East by said Lot #1, 117.43' to an angle in said line; thence running south 16- 49'-17" east by the westerly sides of Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 as shown on said last named plan, a total distance 1404.77' to a point marking the south- westerly corner of said lot #13 and at land of Harry Axel- rod; thence turning and running south 76 -01'-54" west by said land of Harry Axelrod 1158.27' to a point marking the beginning of a curve in the easterly line of the southwest ramp leading from Route 28 to Lowell Street thence turning and running northerly and northwesterly by the said easterly line of the southwest ramp from Route 28 and by a curve having a radius of 585.5', a distance of 734.43' to a point; thence north 36 -50'-34" west by the said easterly line of the southeast ramp from Route 28 189.37' to a point marking the beginning of a curve; thence by a curve to the right having a radius of 160', a distance of 208.37' to a point marking the end of a curve near the present southeasterly line of said Lowell Street as laid out by the County Commissioners; thence running northeasterly by a line marking the southeasterly side of the southeast ramp from Route 28 of the approach to said ramp from Lowell Street, a distance of 160.34' to a point in the said southeasterly side of Lowell Street; thence running north 37 -46' -23" east by the said south- easterly side of Lowell Street 330.01' to an Essex County
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Stone Bound; thence by a curve to the right, having a radius of 720', still by the said southeasterly side of Lowell Street, a distance of 358.63' to an Essex County Stone Bound; thence running north 66 -18' -43" east, still by the southeasterly side of Lowell Street a distance of 232' to a point marking the northwesterly corner Lot #1 as referred to above and point of beginning.
Said parcel contains 30.73 Acres.
PARCEL 2. Beginning at the southwesterly corner thereof at a point in the northwesterly side of Lowell Street and at land now or formerly of Silva, said point being located on a curve in said street line 92.42' southwesterly from an Essex County Stone Bound; thence running north 33 -13'- 33" west by said land of Silva 124.67' to a point; thence turning and running south 52 -33'-27" west by the norther- ly ends of property owned by Silva, Crompton and Mckeown a distance of 240.72' at land now or formerly of Low; thence turning and running north 33 -12' west by said land of Low 190' to a point; thence turning and running south 62 -29'-44" west by the northerly lines of property of Low, Grudzinski and Stevens, a distance of 249.86' to a point marking an angle in said line; thence running south 66 -05'-13" west; 38.95' , south 60 -14'-01" west, 33.32', and south 67 -05'-04" west, 49.18' by said land of Stevens and by the wall as it now stands to a point in the easterly side of Route 28 as established by the Com- monwealth of Massachusetts; thence turning and running north 18 -50'-48" west by the said easterly line of Route 28 aforesaid, a distance of 552' to a point at land of Harry Axelrod; thence turning and running north 64 -33' - 42" east by said land of Harry Axelrod 978.73' to a point; thence turning and running south 42 -35' -18" east by said land of Harry Axelrod 419.41' to a point in the northwesterly side of Lot #7, said lot being shown on a plan of land as subdivided by John Bolten in March, 1955 and recorded in the North District of Essex Registry of Deeds as plan #2973 and now being in possession of John Phillip Enterprises; thence turning and running south 66 -17'-42" west by said northwesterly side of Lot #7 a distance of 71.58' to a point; thence turning and run- ning south by the southwesterly side of said Lot #7, the course being south 44 -30' -28" east, a distance of 158.14' to a point marking the beginning of a curve; thence by a curve to the left having a radius of 16.99', a distance of 24.61' to a point in the said northwesterly side of Lowell Street, said point being on a curve in said Lowell Street and being located 96.33' southwesterly from an Essex County Stone Bound; thence turning and running in & general southwesterly direction and by a curve having a radius of 400', still by the said northwesterly side of Lowell Street, a distance of 102.91' to an Essex County 231
Stone Bound; thence running south 37 -46' -23" west, still by the said northwesterly side of Lowell Street 375.88' to an Essex County Stone Bound; thence in a general south- westerly direction, by the said northwesterly side of Lowell Street and by a curve having a radius of 800', a distance of 92.42' to a point marking the southeasterly corner of land now or formerly Silva and point of begin - ning.
Said parcel contains 16.13 Acres.
ARTICLE 54. To see if the Town will vote to estab- lish as a PLANNED SHOPPING CENTER DISTRICT the Industrial A Zone described as follows: land bounded westerly by Main Street, northwesterly by Shawsheen River, northerly by the northerly limit of the present IA Zone, easterly by the Boston & Maine Railroad, southerly by Harding Street.
ARTICLE 55. To see if the Town will vote to raise and appropriate the sum of $20,000.00, for the continua- tion of improving the town office facilities in the Town House, and authorize the Board of Selectmen to call for bids and award contracts.
ARTICLE 56. To see if the Town will vote to change from Single Residence A District to Business District the following described parcel of real estate:
Beginning at a point on the southerly side of Chestnut Street, which point is 222.41 feet northeasterly from Main Street; thence running northeasterly by the southerly line of Chest- nut Street 201.24 feet to a drill hole at the southwesterly corner of said Chestnut Street and Bartlet Street; thence turning and running southeasterly by said Bartlet Street 80 feet; thence turning and running southwesterly by land now or formerly of Gilcreast 102.51 feet; thence turning and running again southeasterly by said land of Gilcreast 72.75 feet; thence turning and running again southwesterly by said land of Gilcreast and by land of Barnard 102 feet more or less to land of Stuck; thence turning and running northwesterly by said land of Stuck 156.25 feet more or less to Chestnut Street and the point of beginning, on petition of Mary O. Mackintosh and others.
ARTICLE 57. To see if the Town will vote to amend Section IX of the Zoning By-Laws by adding to Paragraph I of said section as most recently amended, the follow- ing:
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"or if upon a proposed subdivision of a lot existing at the time this By-Law is adopted, each resulting lot will be as large in area as the largest lot fronting on the same street, and in the same block, and will have a frontage equal to that of the lot having the least front- age on the same street, and in the same block, at the time this By-Law is adopted. "
so that Paragraph I of Section IX will be as follows:
I. Land subdivided after the adoption of this By- Law shall provide in Zone A for lot frontages of not less than 115 feet and for lot areas of not less than 15,000 square feet which Zone is shown on zoning map of revised Residence Districts in the Town of Andover, Mass., January 20, 1955, on file with the Town Clerk, provided however, that the Board of Appeals may permit land to be sub- divided with lot frontages and, or lot areas, less than said requirements if two or more dwell- ings are located on an existing lot at the time this By-Law is adopted or, if upon a proposed subdivision of a lot existing at the time this By-Law is adopted, each resulting lot will be as large in area as the largest lot fronting on the same street and in the same block, and will have a frontage equal to that of the lot having the least frontage on the same street and in the same block at the time this By-Law is adopted, on petition of Karl C. Killorin and others.
ARTICLE 58. To see if the Town will vote to amend Section IX of the Zoning By-Laws by adding to Paragraph 4 of said section as most recently amended, after the words: "existing lots" in the first sentence of said paragraph the words: "or lots resulting from approval of a subdivision of an existing lot by the Board of Appeals, " so that said paragraph 4 will read as follows:
At each side of every dwelling there shall be a side yard not less than 15 feet in clear width, between the side of the house and the side lot line, except in specific cases when existing lots or lots resulting from approval of a subdivision of an existing lot by the Board of Appeals are less than the minimum width pre- scribed by this By-Law. In such cases a side yard not less than ten feet in width may be permitted by the Board of Appeals. On corner lots no part of any building shall extend within twenty feet of the street line, on petition of Karl C. Killorin and others. 233
ARTICLE 59. To see if the Town will vote to accept as a Public Way and name Arthur Road as approved by the Board of Survey, and laid out by the Board of Selectmen, as shown on plan No. 2548 recorded in the North Essex Registry of Deeds, filed with the Planning Board, and made by Ralph B. Brasseur, engineer, Haverhill, Massachu- setts, a copy being on file in the Town Clerk's office, on petition of William C. Schmidt and others.
ARTICLE 60. To see if the Town will vote to accept as a Public Way and name Lockway Road from Carmel Road northerly to Walnut Avenue as shown on a plan entitled Street Acceptance Plan made December 1952 by Clinton F. Goodwin, Engineer, Haverhill, Mass., as approved by the Board of Survey and laid out by the Board of Selectmen. Both the plan and the description referred to being on file at the Office of the Town Clerk, on petition of Phillips B. Marsden, Jr. and others.
ARTICLE 61. To see if the Town will vote to accept as a public way and name Howell Drive as approved by the Board of Survey, laid out by the Board of Selectmen and shown on a plan entitled Subdivision and Acceptance Plan of Howell Drive dated May 1957, Andover Engineers Inc., Andover, Mass. Both plan and description referred to being on file at the office of the Town Clerk, on peti- tion of Fred E. Cheever and others.
ARTICLE 62. To see if the Town will vote to accept as a public way, and name Karlton Circle, a way about 1440 feet long extending from the westerly end of Forbes Lane to a point about 150 feet from the easterly end of Forbes Lane; the said way being shown on a plan entitled: "Subdivision Plan of Karlton Field" made by Fred W. Stow- ers, Registered Surveyor, Methuen, Mass., and recorded as Plan No. 2571 in the North Essex Registry of Deeds, on petition of Karl C. Killorin and others.
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