Town annual report of Andover 1955-1959, Part 58

Author: Andover (Mass.)
Publication date: 1955
Publisher: The Town
Number of Pages: 1266

USA > Massachusetts > Essex County > Andover > Town annual report of Andover 1955-1959 > Part 58

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ARTICLE 37. To see if the Town will vote to amend the Zoning By-Law by establishing Section IV B, "APARTMENT DISTRICT" as follows :

Section IV B Apartment District

In an Apartment District no land, building or structure shall be used except for one or more of the following pur- poses :

1. Any use permitted under Section IV, subject to the Same provisions as are contained therein, and sub- ject 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 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 an Apartment 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 per- mitted uses and specific regulations :

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 connection with the permitted principal uses, except that professional offices and home occupations are specifically excluded.

b) Regulations

1. No structure shall exceed two and one-half (22) stories, or thirty-five (35) feet, in height, measured above the top of the foun- dations.

2. No structures, except one-story garages or carports, or unpierced walls of residential structures shall be nearer to each other than the sum of the heights of their two opposing exterior walls, measured above the top of the foundations.

3. There shall be a lot area of at least 3500 square feet for each dwelling unit in mul- tiple-dwelling structure, in addition to the lot area, if any, required for other permitted uses.

4. The gross usable floor area of all princi- pal and accessory structures shall not ex- ceed 30% of the gross area of the lot.

5. No structure shall be built within 30 feet of the side line of any public street or ways and no structure or parking space shall be built or maintained within 20 feet of any other exterior property line.

6. There shall be provided at least one paved off-street parking space, or space in garage or carport, for each dwelling unit, said space to be not more than 200 feet from the outside entrance to such unit. No space shall be considered available for parking which reduces the effective width of a driveway providing access to more than one dwelling unit to less than 12 feet.

7. There shall be a paved driveway, or paved walk adequate to accommodate emergency vehicles, within 50 feet of the outside entrance to each dwelling unit.

Access Provisions

1. Any road or driveway providing principal access to 6 or more dwelling units or 8 or more parking spaces shall conform to appro- priate provisions of the Subdivision Control Regulations as if it were a minor residen- tial street. Before issuing permit the Board of Appeals shall request a report from the Planning Board on the extent of such conformity.

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 detrimental 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 pro- vide the access utilities, and facilities necessary to serve adequately the develop- ment as planned.

The Board of Appeals may then issue a special permit and may impose such conditions and safeguards as it deems necessary to protect the welfare of the Town.

Upon motion duly seconded, it was VOTED to amend the Zoning By-Law by establishing Section IV B, "APARTMENT DISTRICT" as follows :

SECTION IV B Apartment District

In an Apartment District no land, building or structure Shall be used except for one or more of the following pur- poses :

which has the greatest amount of common boundary with the 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 an Apartment development, provided that an applicant for such a special permit shows to the Satisfaction of the Board of Appeals that the devel- opment will conform to the following permitted uses and specific regulations :

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 connection with the permitted principal uses, except that professional offices and home occupations are specifically excluded.

b) 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 foun- dations.

3. There shall be a lot area of at least 3500 square feet for each dwelling unit in multiple-dwelling structure, in addition to the lot area, if any, required for other permitted uses.

4. The gross usable floor area of all principal and accessory structures shall not exceed 30% of the gross area of the lot.

5. No structure shall be built within 30 feet of the side line of any public street or ways and no structure or parking space shall be built or maintained within 20 feet of any

other exterior property line.

7. There shall be a paved driveway, or paved walk adequate to accommodate emergency vehicles, within 50 feet of the outside entrance to each dwelling unit.

c) Access Provisions

1. Any road or driveway providing principal access to 6 or more dwelling units or 8 or more parking spaces shall conform to appropriate provisions of the Subdivision Control Regulations as if it were a minor residential street. Before issuing permit the Board of Appeals shall request a report from the Planning Board on the extent of such conformity.

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 detrimental 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

c) that the Town can reasonably expect to provide the access utilities, and facilities necessary to serve adequately the develop- ment as planned.

The Board of Appeals may then issue a special permit and may impose such conditions and safeguards as it deems necessary to protect the welfare of the Town.

A standing negative vote was taken first, then a stand- ing affirmative vote, showing an overwhelming majority

which the Moderator stated was well over the 2/3 vote as required. A quorum was present. A report of the Andover Planning Board relative to Article 37 was read by the secretary, Virginia H. Hammond.

ARTICLE 38. To see if the Town will vote to change from Single Residence B to "APARTMENT DISTRICT" the following parcel of land :

A certain tract of land in Andover, Massachusetts located at the junction of Haverhill and High Streets bounded and described as follows : beginning at an iron pipe in the easterly line of High Street, said pipe being at the northwesterly corner of land of one Lizzie M.Stone; thence, by the easterly line of High Street, N 41-12' E 193.17 feet to an iron pipe marking the location of a for- mer Essex County Bound; then northeasterly by a curve of 4155.75' radius, 830.41' to an Essex County Bound; thence northeasterly and easterly by a curve of 50.00 feet radi- us, 65.11 feet to an Essex County Bound in the southerly line of Haverhill Street; thence S 75-36' E 434.29 feet, by the southerly line of Haverhill Street, to an Essex County bound; thence easterly by a curve of 970.00 feet radius, 85.54 feet to an iron pipe at land of Merrimack College; thence southwesterly by land of Merrimack College and a stone wall, 1300.77 feet to a corner in the wall at land now or formerly of Smith P. Burton Jr .; thence wester- ly by the wall and land now or formerly of Smith P. Burton, 329.23 feet to a corner in the wall at land of Samuel D. Berry; thence N 09-13' E 64.16 feet by the walland land of said Berry to an old iron pipe; thence N 22-38' -40" E 158.40' to a point; thence N 63-50' W 628.21' to the point of beginning. Containing 19.253 acres, more or less.

Upon motion duly seconded, it was VOTED to change from Single Residence B to "APARTMENT DISTRICT" the following parcel of land:

radius, 85.54 feet to an iron pipe at land of Merrimack College; thence southwesterly by land of Merrimack College and a stone wall, 1300.77 feet to a corner in the wall at land now or formerly of Smith P. Burton, Jr .; thence west- erly by the wall and land now or formerly of Smith P. Bur- ton, 329.23 feet to a corner in the wall at land of Samu- el D. Berry; thence N 09-13' E 64.16 feet by the wall and land of said Berry to an old iron pipe; thence N 22-38' -40" E 158.40' to a point; thence N 63-50' W 628.21' to the point of beginning. Containing 19.253 acres, more or less.

The vote: Yes-363, No-48. More than 2/3 as required. A quorum was present. A report of the Andover Planning Board relative to Article 38 was read by the secretary, Virginia H. Hammond.

ARTICLE 39. To see if the Town will vote to become a mem- ber of the Lawrence Regional Planning District under the provisions of Chapter 40B of the General Laws, the annual cost to the Town of Andover being an apportioned cost de- termined by the District Planning commission on a per capita basis as provided in Section 7 of Chapter 40B or the sum of $1500.00, whichever is lesser.

Upon motion duly seconded, it was VOTED to accept Article 39 as printed. (No money appropriated) A report of the Andover Planning Board relative to Article 39 was read by the secretary, Virginia H. Hammond.

ARTICLE 40. To see if the Town will vote to change from Single Residence A District to Industrial A District the following described parcel of real estate:

Situated at the intersection of Ridge Street and School Street in said Andover and bounded and des- cribed as follows :

Beginning at the northerly corner thereof at a stone bound in the southeasterly side of Ridge Street; thence running southeasterly at a right angle with said Ridge Street about one hundred fifty feet to Rogers Brook; thence by the center of said Rogers Brook southwesterly about one hundred thirty feet to School Street; thence run- ning northwesterly by said School Street about one hundred eighty feet to Ridge Street; thence running northeasterly by said Ridge Street about seventy feet to the bound first mentioned, on petition of Guy B. Howe, Jr. and others.

Article 40 was defeated.

ARTICLE 41. To see if the Town will vote to change from Single Residence B Zone to Educational Zone that tract of land consisting of 83.30 acres, more or less, and general- ly described as follows :

Beginning at a point in the easterly side of Elm Street and at the common town boundary line between the towns of Andover and North Andover : Northeasterly by the town line between Andover and North Andover and by land owned by Merrimack College; Southeasterly by land now or formerly of the heirs of Sarah Downing, by land now or formerly of Joyce Andrews; Southwesterly by land now or formerly of Summer, of Hallenbeck, of Salvage, of Korba, of Smethurst, of Helen Collins Dooley, of William Holihan, of Albert Cole and by the easterly side of Elm Street; Northwesterly by land now or formerly of Downs, of the Realty Construction Company of New England, of Marion E. Farnsworth, of the Town of Andover, of Sweeney, of Casel- den, of Kocsi, of Palmegiano, of Robinson, of Parker, of Klick, of Davis, of Sawaya, by Brookfield Road, by Fox Hill Road, by land now or formerly of Haywood, of Garvey, by Fox Hill Road, by Rock Ridge Road, by the easterly side of Elm Street, to a point marking the intersection of the town boundary line between the town of Andover and North Andover and the said easterly side of Elm Street to the point of beginning.

Said tract of land is more precisely and definitely described in a plan entitled "Plan Showing Proposed Zoning Change from Single Residence "B" to Educational in the Town of Andover, Massachusetts, "Scale 1" - 100', dated January 17,1959 as made by Clinton F. Goodwin, Registered Professional Engineer, 25 Washington Square, Haverhill, Massachusetts, and by a description accompanying said plan.

Said plan and the accompanying description are on file in the Town Clerk's office, Andover, Massachusetts, and they are incorporated herein by reference.

Upon motion duly seconded, it was VOTED to change from Single Residence B Zone to Educational Zone that tract of land consisting of 83.30 acres, more or less, and generally described as follows :

Beginning at a point in the easterly side of Elm Street and at the common town boundary line between the towns of Andover and North Andover; Northeasterly by the town line between Andover and North Andover and by land owned by Merrimack College; Southeasterly by land now or formerly of the heirs of Sarah Downing, by land now or formerly of Joyce Andrews; Southwesterly by land now or formerly of Summer, of Hallenbeck, of Salvage, of Korba,

of Smethurst, of Helen Collins Dooley, of William Holihan, of Albert Cole and by the easterly side of Elm Street; Northwesterly by land now or formerly of Downs, of the Realty Construction Company of New England, of Marion E. Farnsworth, of the Town of Andover, of Sweeney, of Casel- den, of Kocsi, of Palmegiano, of Robinson, of Parker, of Klick, of Davis, of Sawaya, by Brookfield Road, by Fox Hill Road, by land now or formerly of Haywood, of Garvey, by Fox Hill Road, by Rock Ridge Road, by the easterly side of Elm Street, to a point marking the intersection of the town boundary line between the towns of Andover and North Andover and the said easterly side of Elm Street to the point of beginning.

Said tract of land is more precisely and definitely described in a plan entitled "Plan Showing Proposed Zoning Change from Single Residence "B" to Educational in the Town of Andover, Massachusetts, "Scale 1" -100', dated January 17, 1959 as made by Clinton F. Goodwin, Registered Professional Engineer, 25 Washington Square, Haverhill, Massachusetts, and by a description accompanying said plan.

Said plan and the accompanying description are on file in the Town Clerk's office, Andover, Massachusetts, and they are incorporated herein by reference.

A standing negative vote was taken first, then a stand- ing affirmative vote, showing an overwhelming majority which the Moderator stated was well over the 2/3 vote as required. A quorum was present. A report of the Andover Planning Board relative to Article 41 was read by the secretary, Virginia H. Hammond.

It was decided to combine and act on Articles 42 through 48.

ARTICLE 42. To see if the Town will vote to accept Bow- doin Road as a Public Way from the northerly line of Princeton Avenue to the southerly line of Cornell Road, a distance of about 494 feet in accordance with a plan and description on file in the office of the Town Clerk, on petition of Loretta R. Cairns and others.

Upon motion duly seconded, it was VOTED unanimously to accept Article 42 as printed.

ARTICLE 43. To see if the Town will vote to accept Cor- nell Road as a Public Way from the westerly end of its present acceptance to the westerly line of Bowdoin Road, a distance of about 385 feet in accordance with a plan and description on file in the office of the Town Clerk, on petition of Loretta R. Cairns and others.

Upon motion duly seconded, it was VOTED unanimously to accept Article 43 as printed.

ARTICLE 44. To see if the Town will vote to accept Har- vard Road as a Public Way from the northerly line of Princeton Avenue to the southerly line of Cornell Road, a distance of about 458 feet in accordance with a plan and description on file in the office of the Town Clerk, on petition of Loretta R. Cairns and others.

Upon motion duly seconded, it was VOTED unanimously to accept Article 44 as printed.

ARTICLE 45. To see if the Town will vote to accept as a public way, a private way now known as Linda Road, off Rocky Hill Road and off South Main Street (State Highway #28) as shown on a plan by W. A. Mason & Son, Civil Engi- neers, numbered 3086, dated June 10, 1955, duly recorded with Essex North District Registry of Deeds August 22,1955, both plans and description to be on file at the Town Clerk's Office, on petition of Donald Anderson and others.

Upon motion duly seconded, it was VOTED unanimously to accept Article 45 as printed.

ARTICLE 46. To see if the Town of Andover will vote to accept as a Public Way, McKenney Circle as approved by the Board of Survey and laid out by the Board of Selectmen as shown on a plan entitled "McKenney Circle, Subdivision and acceptance plan, owner Anna M. McDonald, May 1949, Clin- ton F. Goodwin, Engineer," said plan being recorded in the North District of Essex Registry of Deeds as Plan No. 2044, Dependent upon the completion of improvements meeting the specifications and recommendations of Board of Public Works. The Office of Town Treasurer now has on file a contract meeting those specifications and a certified check covering this contract, on petition of Ronald Belan- ger and others.

Upon motion duly seconded, it was VOTED unanimously to accept Article 46 as printed.

ARTICLE 47. To see if the Town will vote to accept Prince- ton Avenue as a Public Way from the northerly line of Har- vard Road to the northerly line of Bowdoin Road, a distance of about 305 feet in accordance with a plan and description on file in the office of the Town Clerk, on petition of Loretta R. Cairns and others.

Upon motion duly seconded, it was VOTED unanimously to accept Article 47 as printed.

ARTICLE 48. To see if the Town will vote to accept as a Public Way and name Westwind Road as approved by the Ando- ver Board of Survey October 15, 1948 and laid out by the Board of Selectmen, as shown on a plan by Warren M. Mirick, Engineer, of Stoneham, Mass. dated September 7, 1948.

Both plan and description referred to is on file at the Town Clerk's Office, on petition of Herbert H. Otis and others.

Upon motion duly seconded, it was VOTED unanimously to accept Article 48 as printed.

ARTICLE 49. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time after January 1, 1960, in anticipation of the revenue of the financial year begin- ning January 1, 1960 in accordance with Section 4, Chapter 44, General Laws and to issue a note or notes therefor, payable within one year, and to renew any not so issued for a period of less than one year, in accordance with Section 17 of said Chapter 44.

Upon motion duly seconded, it was VOTED to accept Arti- cle 49 as printed.

ARTICLE 50. To see if the Town will vote to accept $3555.00 received in 1958 for the perpetual care of lots in Spring Grove Cemetery, on petition of Anna M. Greeley, Treasurer .

Upon motion duly seconded, it was VOTED to accept Arti- cle 50 as printed.

ARTICLE 51. To see if the Town will vote to accept $500.00 for a flower fund for the Thomas Thin Lot in Spring Grove Cemetery and $200.00 for a flower fund for the Nettie E. Hudson Lot in said Cemetery, both sums hav- ing been received in 1958, on petition of Anna M. Greeley, Treasurer .

Upon motion duly seconded, it was VOTED to accept Arti- cle 51 as printed.

ARTICLE 52. To see if the Town will vote to authorize the Board of Selectmen to sell all or part of town owned land situated in Andover Park, so-called, being land acquired by the Town by deed recorded in Essex County North District Registry of Deeds, Book 884, Page 269, by public auction or by private sale, for such price and upon such terms as they deem proper and to authorize the said Board of Select- men to execute and deliver a deed or deeds of said property

in pursuance of this vote.

Upon motion duly seconded, it was VOTED unanimously to authorize the Board of Selectmen to sell all or part of town-owned land situated in Andover Park, so-called, being land acquired by the Town by deed recorded in Essex County North District Registry of Deeds, Book 884, Page 269, by public auction or by private sale, for such price and upon such terms as they deem proper and to authorize the said Board of Selectmen to execute and deliver a deed or deeds of said property in pursuance of this vote.

A quorum was present.

ARTICLE 53. To see if the Town will vote to authorize the Board of Selectmen to sell all or part of town owned land situated at the following locations :

1. Corner Center and Tewksbury Streets (Assessors' Map 157, Lot 32) .

2. Near Pine Hill, off Prospect Road (Assessors' Map 7, Lot 6) .

3. Lots 31 and 32 River Park (Assessors' Map 139, Lot 105) .

4. Lot A-1 Dale Street (Assessors' Map 138, Lot 22).

5. Oak Street (Assessors' Map 157, Lot 29) .

6. Lots 1 and 2 River Park (Assessors' Map 139, Lot 89).

7. Shawsheen Road

(Assessors' Map 54, Lots 43 and 44) .

8. West Side of Pine Street (Assessors' Map 21, Lot 124) .

being land acquired by the Town by deed recorded in Essex County North District Registry of Deeds Book 884, Page 268, by public auction or by private sale, for such price and upon such terms as they deem proper and to authorize the Said Board of Selectmen to execute and deliver a deed or deeds of said property in pursuance of this vote.

Upon motion duly seconded, it was VOTED unanimously to authorize the Board of Selectmen to sell all or part of town owned land situated at the following locations :

1. Corner Center and Tewksbury Streets (Assessors' Map 157, Lot 32) .

2. Near Pine Hill, off Prospect Road (Assessors' Map 7, Lot 6.)

3. Lots 31 and 32 River Park (Assessors' Map 139, Lot 105).

4. Lot A-1 Dale Street (Assessors' Map 138, Lot 22) .

5. Oak Street (Assessors' Map 157, Lot 29).

6. Lots 1 and 2 River Park (Assessors' Map 139, Lot 89).

7. Shawsheen Road (Assessors' Map 54, Lots 43 and 44) .

8. West Side of Pine Street (Assessors' Map 21, Lot 124) .

being land acquired by the Town by deed recorded in Essex County North District Registry of Deeds Book 884, Page 268, by public auction or by private sale, for such price and upon such terms as they deem proper and to authorize the said Board of Selectmen to execute and deliver a deed or deeds of said property in pursuance of this vote.

A quorum was present.

ARTICLE 54. To see if the Town will vote to transfer $20,000.00 from Overlay Reserve to the Reserve Fund.

Upon motion duly seconded, it was VOTED to accept Arti- cle 54 as printed.

ARTICLE 55. To see if the Town will vote to permit the Assessors to use $80,000.00 free cash to reduce the 1959 tax rate and to offset appropriations for capital outlay voted at the 1959 town meeting.

Article 55 was withdrawn.

ARTICLE 56. To see what disposition shall be made of un- expended appropriations and free cash in the treasury.

Upon motion duly seconded, it was VOTED that all unex- pended appropriations be turned into the treasury, except

the following :

Item No.

1 Article 55, 1956

Planning Board of Appeals $100.00

2 Article 8, 1956

Remodeling Town Offices 4,768.15

3 Article 9, 1957

Engage Eng'g. Consult- ants-Revaluation Property

1,295.60

4 Article 55, 1958

Improve Town Office Facilities

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Town annual report of Andover 1955-1959, Part 58

Author: Andover (Mass.) Publication date: 1955 Publisher: The Town Number of Pages: 1266

Author: Andover (Mass.)
Publication date: 1955
Publisher: The Town
Number of Pages: 1266