USA > Massachusetts > Essex County > Andover > Town annual report of Andover 1955-1959 > Part 47
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It was voted to dispense with reading of warrant and return of service by the Constable.
(Constable's Return)
Essex, SS.
October 6, 1958
Pursuant to the foregoing warrant, I, the subscriber, one of the constables of the Town of Andover, have noti- fied the inhabitants of said town, to meet at the time and place and for the purposes stated in said warrant, by posting a true and attested copy of the same, on the town house, on each Schoolhouse, and in no less than five other public places where bills and notices are usually posted and by publication in the Andover Townsman. Said warrants have been posted and published seven days.
George N. Sparks, Constable
ARTICLE 1. To see if the Town will vote to rescind the action taken on Article 52 in the warrant of the Annual Town Meeting of March, 1958 and in lieu thereof vote to amend the Zoning By-law by establishing Section VI A, Special Shopping Center District as follows:
In a Special Shopping Center District no land, building,
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or structure shall be used except for one or more of the following purposes.
1. Any use permitted under Section IV, subject to the same provisions as are contained therein, and subject to the same restrictions as to lot size and frontage as apply to that Single Residence District which has the greatest amount of common boundary with this Special Shopping Cen- ter District.
2. Subject to special permit by the Board of Appeals, as provided in Section 4 of Chapter 40A of the General Statutes and relevant sections of this By-Law, use as a planned Shopping Center development, provided that the Board of Appeals finds that the development will conform to the following specific regulations:
a) Permitted Uses
(1) Establishment for the retail sale of merchan- dise, or for the sale of such merchandise other than at retail when made in conjunction with or incidental to the operation of a retail estab- lishment.
(2) Establishment for personal or consumer service.
(3) Restaurant or other place for the sale and con- Sumption on the premises of food.
(4) Public, business, or professional office or bank.
(5) Bus station, bus terminal, or railway station.
(6) Filling station, subject to provision pre - scribed in SECTION XIV.
(7) Commercial parking lot or parking garage.
(8) Indoor amusement or recreation place of assem- bly.
(9) Showroom, provided that storage is limited to floor samples.
(10) Hotel or motel, subject to such restrictions as the Board of Appeals may impose.
(11) Advertising signs of a non-flashing, non- animated type, in any or all of three catego- ries: (a) signs attached flat against the wall
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of the building, provided that the total area of all such signs does not exceed one square foot for every forty square feet of ground floor area of the building to which they are attached; (b) free-standing signs limited to a total of one sign and a total of 100 square feet of sign area, for each street on which the Shopping Center fronts; and (c) directional and traffic signs, subject to the approval of the Chief of Police.
(12) Processing of merchandise by retailers when clearly accessory to the sale of such merchan- dise at retail.
b) Height and Area Regulations
(1) The limit of height of buildings and structures Shall be 3 stories or 40 feet, measured above the top of the foundation.
(2) All buildings and structures except free-stand- ing signs shall be at least 30 feet from any street line and at least 50 feet from any other property line adjacent to a Single Residence, Multiple Residence, or Educational District. All paved parking space shall be at least 10 feet from a street or District boundary line.
(3) 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 in addition to the re- quired yard areas.
(4) Paved parking space for automobiles shall be provided on the site in connection with any establishment or combination of establishments in the Planned Shopping Center District, in conformity with the following provisions:
(a) For business, at least 3 spaces for each 200 square feet of floor area or fraction thereof .
(b) 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 3 seats, and/or for each 60 inches of permanent bench sitting area and/or for each 36 square feet of area with- out permanent seating facilities devoted to
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the assembly of people.
(c) For hotel or motel, one space for each sleeping room.
(d) For medical or dental office, 6 spaces for each doctor or dentist.
(e) 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 with- out habitual use of streets.
(5) The Planned Shopping Center District shall be screened by means of densely-planted trees, shrubs, or other suitable planting at least 4 feet in width and 6 feet in height at all points where and when there is developed resi- dential or educational use immediately contigu- ous to said District.
The Board of Appeals shall issue a special permit, impos- ing such conditions and safeguards as it deems necessary to protect the welfare of the Town, unless it finds:
a) that one or more of the specific regulations set forth above will not be satisfied; or
b) that the development as planned will be detrimental to the neighborhood in which it is located: or
c) that the development as planned will tend to derogate from the intent of this By-Law or be contrary to the general long-range planning objectives of the Town: or
d) that the Town cannot reasonably expect to provide the access, utilities, and facilities necessary to serve adequately the development as planned.
PART ONE
Upon motion duly seconded, it was VOTED unanimously to amend the Zoning By-Law by establishing Section VIA, Shop- ping Center District as follows:
In a Shopping Center District no land, building, or structure shall be used except for one or more of the fol- lowing purposes :
1. Any use permitted under Section IV, subject to the
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same provisions as are contained therein, and subject to the same restrictions as to lot size and frontage as apply to that Single Residence District which has the greatest amount of common boundary with the Shopping Center Dis- trict.
2. Subject to special permit by the Board of Appeals, as provided in Section 4 of Chapter 40A of the General Statutes and relevant sections of this By-law, use as a Shopping Center development, provided that an applicant for such a special permit shows to the satisfaction of the Board of Appeals that the development will conform to the following permitted uses and specific regulations:
a) Permitted Uses
(1) Establishment for the retail sale of merchan- dise, or for the sale of such merchandise other than at retail when made in conjunction with or incidental to the operation of a retail esta- blishment.
(2) Establishment for personal or consumer service.
(3) Restaurant or other place for the sale and con- Sumption on the premises of food.
(4) Public, business, or professional office or bank.
(5) Bus station, bus terminal or railway station.
(6) Filling station, subject to provision prescribed in SECTION XIV.
(7) Commercial parking lot or parking garage.
(8) Indoor amusement or recreation place of assem- bly.
(9) Showroom, provided that storage is limited to floor samples.
(10) Hotel or motel, subject to such restrictions as the Board of Appeals may impose.
(11) Advertising signs of a non-flashing, non-anima- ted type, in any or all of three categories: (a) signs attached flat against the wall of the building, provided that the total area of all such signs does not exceed one square foot for every forty square feet of ground floor area of
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the building to which they are attached; (b) free-standing signs limited to a total of one sign and a total of 100 square feet of sign area, for each street on which the Shopping Center fronts; and (c) directional and traffic signs, subject to the approval of the Chief of Police.
(12) Processing of merchandise by retailers when clearly accessory to the sale of such merchan- dise at retail.
b) Regulations
1. The limit of height of buildings and structures Shall be 3 stories or 40 feet, measured above the top of the foundation.
2. All buildings and structures except free-stand- ing signs shall be at least 30 feet from any street line and at least 50 feet from any other property line adjacent to a Single Residence, Multiple Residence, or Educational District. All paved parking space shall be at least 10 feet from a street or District boundary line.
3. All loading and unloading facilities incidental to the normal operation of any establishment in the Shopping Center District shall be provided on the site in addition to other required areas.
4. Paved parking space for automobiles shall be provided on the site in connection with any establishment or combination of establishments in the Shopping Center District, in conformity with the following provisions:
t
a) For business, at least 3 spaces for each 200 square feet of floor area or fraction there- of.
b) 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 3 seats, and/or for each 60 inches of permanent bench sitting area and/ or for each 36 square feet of area without permanent seating facilities devoted to the assembly of people.
c) For hotel or motel, one space for each sleep- ing room.
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d) For medical or dental office, 6 spaces for each doctor or dentist.
e) 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.
5. The Shopping Center District shall be screened by means of densely-planted trees, shrubs or other suitable planting at least 4 feet in width and 6 feet in height at all points where and when there is developed residential or education- al use immediately contiguous to said district.
If the Board of Appeals also finds:
a) that all of the specific regulations set forth above will be satisfied; and
b) that the development as planned will not be detri- mental to the neighborhood in which it is located; and
c) that the development as planned will not derogate from the intent of this By-law; and
d) that the Town can reasonably expect to provide the access utilities, and facilities necessary to serve adequately the development as planned.
The Board of Appeals may then issue a special permit and may impose such conditions and safeguards as it deems neces- sary to protect the welfare of the Town.
PART TWO
Upon motion duly seconded, it was VOTED unanimously to rescind the action taken on Article 52 in the warrant of the Annual Town Meeting of March, 1958.
A report of the Andover Planning Board relative to Arti- cle 1 was read by the secretary, Virginia H. Hammond.
ARTICLE 2. To see if the Town will vote to rescind the action taken on Article 53 in the warrant of the Annual Town Meeting of March, 1958 and in lieu thereof vote to change from Single Residence C to a SPECIAL SHOPPING CEN- TER DISTRICT, two areas in West Andover and situated on both the northerly and southerly sides of Route 133 bounded
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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 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 intersection of the westerly line of Lovejoy Road with the said southeasterly side of Lowell Street; thence run- ning 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 southwest- erly 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 turn- ing 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 northeast- erly by a line marking the southeasterly side of the south- east 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 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 southeaster- ly 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 there- of 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' southwest- erly from an Essex County Stone Bound; thence running
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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 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 158.14' 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 southwesterly 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.
PART ONE
Upon motion duly seconded, it was VOTED to change from Single Residence C to Shopping Center District the two
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parcels of land in West Andover 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 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 intersection of the westerly line of Lovejoy Road with the said southeasterly side of Lowell Street; thence run- ning 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 southwest- erly 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 be- ginning of a curve in the easterly line of the southwest ramp leading from Route 28 to Lowell Street thence turn- ing 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 northeast- erly by a line marking the southeasterly side of the south- east 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 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 corner there- of at a point in the northwesterly side of Lowell Street and at land now or formerly of Silva, said point being
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located on a curve in said street line 92.42' southwest- erly from an Essex County Stone Bound; thence running north 33 -13'-33" west by said land of Silva 124.67' point; thence turning and running south 52 -33'-27" west by the northerly 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 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 158.14' 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 be- ing located 96.33' southwesterly from an Essex County Stone Bound; thence turning and running in a general south- westerly 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 north- westerly side of Lowell Street 375.88' to an Essex County Stone Bound; thence in a general southwesterly 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 for- merly Silva and point of beginning.
Said parcel contains 16.13 Acres.
The vote Yes 283, No 38, -- voted by more than 2/3 as re- quired. A quorum was present.
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A report of the Andover Planning Board relative to Arti- cle 2 was read by the secretary, Virginia H. Hammond.
PART TWO
Upon motion duly seconded, it was VOTED unanimously to rescind the action taken on Article 53 in the warrant of the Annual Town Meeting of March, 1958.
ARTICLE 3. To see if the Town will vote to rescind the action taken on Article 54 in the warrant of the Annual Town Meeting of March 1958 to establish as a PLANNED SHOP- PING 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.
Upon motion duly seconded, it was VOTED unanimously to rescind the action taken on Article 54 in the warrant of the Annual Town Meeting of March 1958 as printed in the warrant. A report of the Andover Planning Board relative to Article 3 was read by the secretary.
ARTICLE 4. To see if the Town will vote to amend the Zoning By-Law by establishing Section IV B, Special Garden Apartment District as follows:
Section IV-B Special Garden Apartment District
In a Special Garden Apartment District no land, build- ing, or structure shall be used except for one or more of the following purposes:
1. Any use permitted under Section IV, subject to the same provisions as are contained therein, and subject to the same restrictions as to lot size and frontage as apply to that Single Residence District which has the greatest amount of common boundary with this Special Garden Apartment District.
2. Subject to special permit by the Board of Appeals, as provided in Section 4 of Chapter 40A of the General Statutes and relevant sections of this By-Law, use as a planned garden Apartment development, provided that the Board of Appeals finds that the development will conform to the following specific regulations:
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a) Permitted Uses
(1) Multiple or group dwellings, provided that there shall be not more than 12 dwelling units per structure.
(2) Such accessory uses as are customary in connec- tion with the permitted principal uses except that professional offices and home occupations are speci- fically excluded.
b) Height and Area Regulations
(1) No structures shall exceed two and one-half (22) stories, or thirty-five (35) feet, in height, measured above the top of the foundations.
(2) No structures, except one-story garages or car- ports, or unpierced walls of residential structures shall be nearer to each other than the sum of the heights of their exterior walls, measured above the top of the foundations.
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