USA > Massachusetts > Essex County > Andover > Town annual report of Andover 1955-1959 > Part 45
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Article 51 was defeated. Less than 2/3 as required.
The vote: £ Yes-279. No-199. A quorum was present.
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 appropri - ate uses, that
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 preliminary 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 reviewing the site plan, the Planning Board shall take into account the following considerations, and may call upon appropriate sources for advice and assistance 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 pedestrian movement on the site and on adjoining streets and properties.
c. Adequacy of the arrangement and, where not herein specified, the number of parking spaces in rela- tion to the proposed use of the premises.
d. Harmonious relationship between the PLANNED SHOP- PING CENTER DISTRICT and adjacent neighborhoods.
3. The site plan shall indicate the location of principal accessory buildings on the site, together with a des- cription of their proposed use, the areas to be devoted
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to traffic circulation, the height and number of stories of all buildings and structures, the location 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 building or structure, and no alteration, enlargement or exten- sion of an existing building or structure shall be designed, arranged or constructed, and no land, build- ing, 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 on or 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 Board to be
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appropriate to the DISTRICT and similar in the ef- fect 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 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 establish- ment 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 facilities 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 anticipated needs of patrons and employees without habitual use of streets.
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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 adjacent to the bound- ary 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 construction and without substantial construction in accordance with the approved site plan shall constitute cause for revo- cation of the permit. Such action shall be taken by the Building Inspector upon the request of the Plan- ning 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 re- vert to the classification of the area in effect prior to the enactment of the PLANNED SHOPPING CENTER DIS- TRICT amendment to the By-law.
Upon motion duly seconded, it was VOTED unanimously 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 ap propri- ate uses, including sales other than at retail when made in conjunction with or incidental to the opera- tion of a retail establishment with permission of the Board of Appeals.
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 the Zoning By-law, through which a PLANNED SHOPPING CENTER DISTRICT is established at a Town Meeting, shall become effective only after the site plan has been given final approval by the Plan- ning Board and has been recorded and filed with the Town Clerk. In reviewing the site plan, the Planning Board shall take into account the following considera- tions, and may call upon appropriate sources for ad- vice and assistance related thereto:
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a. Appropriateness in the placement of buildings on the land and in relation to one another.
b. Convenience and safety of vehicular and pedestrian movement on the site and on adjoining streets and properties.
.
c. Adequacy of the arrangement and, where not herein specified, the number of parking spaces in rela- tion to the proposed use of the premises.
d. Harmonious relationship between the PLANNED SHOP- PING CENTER DISTRICT and adjacent neighborhoods.
3. The site plan shall indicate the location of principal accessory buildings on the site, together with a des- cription 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 location 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 building or structure, and no alteration, enlargement or exten- sion of an existing building or structure shall be designed, arranged or constructed, and no land, build- ing, structure, or part thereof shall be used, except for one or more of the following purposes :
a. Establishment for the retail sale of merchandise, or for the sale of such merchandise other than at retail when made in conjunction with or incidental to the operation of a retail establishment, sub- ject to the permission of the Board of Appeals.
b. Establishment for personal or consumer service.
c. Restaurant or other place for the sale and consump- tion 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.
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h. Indoor amusement or recreation 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 on or 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; all other signs shall be subject to Planning Board approval.
1. Any other business, institutional, or public use which is found by the Planning Board to be appro- priate to the DISTRICT and similar in the effect on adjacent properties.
m . Processing of merchandise by retailers subject to the permission of the Board of Appeals.
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 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 establish- ment or combination of establishments in the PLANNED CENTER DISTRICT, in conformity with the following provisions :
1. For business, at least 3 spaces for each 200 square feet of floor area or fraction thereof.
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2. For restaurant or other place serving food, or for an indoor amusement or recreation place or place of assembly not less than 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 facilities devoted to the assembly of people.
3. For hotel or motel, one space for each sleep- ing 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 anticipated needs of pa- trons 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 adjacent to the boundary of a SINGLE RESIDENCE, MULTIPLE RESIDENCE, or EDUCATIONAL DISTRICT.
6. The lapse of two years after the establishment by Town Meeting of a PLANNED SHOPPING CENTER DISTRICT, without the issuance of a building permit for construction and without substantial construction in accordance with the approved site plan shall constitute cause for revocation of or refusal to issue, a building permit. Such action shall be taken by the Building Inspector upon 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 certification by the Planning Board to the Town Clerk of such action, 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 DISTRICT amendment to the by-law.
A quorum was present.
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 north- erly and southerly sides of Route 133 bounded and des- cribed as follows:
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PARCEL 1. Beginning at the northeasterly corner thereof 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 Carson 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 in- tersection of the westerly line of Lovejoy Road with the said southeasterly side of Lowell Street; thence running
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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 dis- tance 1404.77' to a point marking the southwesterly cor- ner of said lot #13 and at land of Harry Axelrod; 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 lead- ing from Route 28 to Lowell Street, thence turning and run- ning 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 south- easterly 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 south- easterly side of Lowell Street; thence running North 37 - 46' - 23" east by the said southeasterly side of Lowell Street 330.01' to an Essex County 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 cormer 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 lime 92.42" southwesterly from an Essex County Stone Bound; thence rumming morth 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 morth-
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erly ends of property rwned 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 run- ning 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 Commonwealth of Massachusetts; thence turning and run- ning 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 dis- tance of 71.58' to a point; thence turning and running south by the southwesterly side of said Lot #7, the course being south 44 - 30' - 28" east, a distance of 158.41' 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 a 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 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 southwesterly di- rection, 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 beginning.
Said parcel contains 16.13 Acres.
Upon motion duly seconded, it was VOTED to change from Single Residence C to a PLANNED SHOPPING CENTER DISTRICT two areas in West Andover and situated on both the norther- ly and southerly sides of Route 133 bounded and described as follows:
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PARCEL 1. Beginning at the northeasterly corner thereof 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 Carson by plan dated October 1952 and recorded in North District of Essex Registry of Deeds as plan #2701 said point being lo- cated 228.32' southwesterly from a point marking the inter- section of the westerly line of Lovejoy 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 southwesterly corner of said Lot #13 and at land of Harry Axelrod; 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 Com- missioners; 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 dis- tance of 160.34' to a point in the said southeasterly side of Lowell Street; thence running north 37 - 46' - 23" east by the said southeasterly side of Lowell Street 330.01' to an Essex County Stone Bound; thence by a curve to the right, having a radius of 720', still by the said south- easterly 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 northerly ends of property owned by Silva, Crompton and
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--
1
-
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 run- ning 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 Commonwealth 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 running 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 a gener- al 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 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 southwest- erly 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 beginning.
Said parcel contains 16.13 Acres.
The vote: Yes-320, No-102. More than 2/3 as required. A quorum was present.
ARTICLE 54. To see if the Town will vote to establish 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
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northerly limit of the present IA Zone, easterly by the Boston and Maine Railroad, southerly by Harding Street.
Upon motion duly seconded, it was VOTED to establish 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. Voted by more than 2/3 as required, by an overwhelming majority. A quorum was present.
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