Town annual report of Andover 1960-1962, Part 13

Author: Andover (Mass.)
Publication date: 1960
Publisher: The Town
Number of Pages: 666


USA > Massachusetts > Essex County > Andover > Town annual report of Andover 1960-1962 > Part 13


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f. Distance to Residence


No structure shall be built closer to the out- side wall of any existing occupied residence than the distance specified in the Table of Uses & Restrictions.


g . Distance from Highway-Distance from Property Lines


No structure shall be constructed closer to a highway or other lot line than the distance specified in the Table of Uses and Restrictions. For the purposes of this paragraph, the sideline of an express highway right-of-way across which access is prohibited shall be considered as a property line, not a highway line.


3. TABLE OF USES AND RESTRICTIONS


Gen.


1. Permitted Uses


Ind. Ind.A


Ind. B Ind.C Res . C


Ind.D


a . Residence


Res . A Res . C No


No


b. Business


Yes No No


No


No


c. Highway Ser.


No Bd.ofA.Bd.of A. Bd.of A.


No


d. Commercial


Yes


Yes


No


No


No


e. Light Mfg.


Yes


Yes


Yes


Yes


Yes


f. General Mfg. Yes Yes No


No No


g. Accessory Uses Yes Yes Bd.of A. Bd.of A.


Bd.of A.


2. Restrictions


a. Parking As prescribed in Section 2 -a


b. Signs As prescribed in Section 2 -a


c. Height 60' 50'


40'


40' 40'


d. Landscaping N.R. 2-d. see Section 2 - d


e. Coverage 50% 30%


50%


30%


25%


f. Dist.to Res. N.R.


400'


300'


300' 400'


g. Dist.from Hi- 30' way


50'


40'


40'


50'


Dist.from


Property


15' 40' 40'


40'


100'


Lines


NOTES : All uses & restrictions are referred specifically to the like numbered paragraphs of subsections 1 and 2 for detailed requirements. Bd. of A. indicates that use is permitted only subject to special permit from Board of Appeals


34


acting under Section XIII. N.R. means no special restrictions are required.


4. LOCATION & CLASSIFICATION OF INDUSTRIAL AREAS


The following areas are bounded according to descrip- tions and map on file with the Town Clerk:


a. General Industrial Districts


1. Haverhill-York Street-Tantallon Road Area


2. Shawsheen River-North Main Street-Harding St. - Shawsheen Plaza Area


3. Stevens St. - Lewis St .- Pearson St. - Railroad Area


4. Lupine Rd. - Shawsheen River Area


5. Shawsheen River-Dale Street, Ballardvale Area


6. Tewksbury Street, Lowell Junction Area


b. Industrial A Districts


1. North Street-Methuen, Lawrence, Andover Town Line Area


2.Lowell Junction Area


c. Industrial B Districts


1.Filter Bed Rd. (Liberty St.)-Lawrence City Line Area


2. Dascomb Road-Tewksbury Town Line Area


d. Industrial C Districts


1. Chandler Road-River Road-Route 93 Area


2.Osgood Street-Dascomb Road Area


3. Andover Street Area


e. Industrial D. Districts


1. River Road-Laurel Lane-Route 93 Area


2. Route 93 (East Side) Area


Upon motion duly seconded, it was VOTED to amend the Zoning By-Law by adding to Section IX, Paragraph 1, as amended in 1956, a new sub-paragraph


h) Industrial C to Single Residence C


1. Fish Brook-River Road-Laurel Lane Area


2. North Street-Greenwood Road-Chandler Road Area


according to description and map on file with the Town Clerk and by striking out the present Section VII, Indus- trial Districts in its entirety and substituting therefor the following :


VII-INDUSTRIAL DISTRICTS


Within Industrial Districts the Permitted Uses (Subsection


35


1) and Restrictions (Subsection 2) are as set forth in the appropriate columns of the Table of Uses and Restrictions (Subsection 3).


1. PERMITTED USES


a. Residence


Any use permitted in Single Residence District, subject to all restrictions appropriate to that Residence District indicated in the Table of Uses and Restrictions.


b. Business


Any use permitted in a Business District, subject to the restrictions specified for such District.


c. Highway Service


Any use permitted in a Highway Service (or Motel District), subject to special restrictions of that District.


d. Commercial


Lumber, fuel, feed, and ice establishments, con- tractors yards, and similar wholesale storage, warehousing, or service uses.


e. Light Manufacturing


Light manufacturing, warehousing, or offices, whether or not incidental to the foregoing activi- ties, provided; (1) that all activities including storage of materials, supplies, and commercial vehicles shall be carried on entirely within en- closed structures; and (2) that the levels of noise, dust, smoke, odors, vibrations, and simi- lar potentially obnoxious characteristics, as observed at the property lines, shall not exceed levels commonly observed in residential areas; and (3) that the activities shall not customarily involve retail trade or service operations on the premises, except to the extent that the Board of Appeals shall determine such activities to be in fact accessory to the principal permitted uses.


f . General Manufacturing


Any industry or manufacturing which will not be seriously detrimental or offensive to adjoining


36


--


--


districts or tend to reduce property values in said district or adjoining districts by reason of dust, odor, fumes, smoke, gas, wastes, refuse matter, noise, or excessive vibration or danger of explosion or fire.


g . Accessory Uses


Any use customarily accessory or incidental to a specifically permitted use. Accessory build- ings and uses shall include, but are not limited to:


a. Garage for the storage or repair of company owned motor vehicles.


b. Employees' restaurant and athletic facilities.


c. Showrooms, incidental to principal uses


d. Helioports


e . Public Transit waiting stations.


h. Agricultural Uses


Extensive uses of land, such as farming or forestry, or such uses as are permitted under paragraphs 4 through 7 of Section IV, Single Residence Districts; provided that dwellings not in existence at the time this amendment becomes effective are expressly pro- hibited except where the Board of Appeals finds them to be clearly incidental or accessory to a farm or other permitted principal use.


2. GENERAL RESTRICTIONS


a. Parking


Adequate offstreet parking and loading facilities shall be provided and maintained. Within an indus- trial district, loading docks or loading areas will not be permitted in those sides of any build- ings fronting on a street. Adequate offstreet loading space shall be provided on the premises in side or rear yard areas. Adequate parking shall include at least 1 space for each 500 square feet of usable floor area, unless the Board of Appeals shall deem a lesser amount to be adequate or a greater amount to be needed to serve the anticipa- ted uses.


b. Signs


Identifying signs shall be limited to non-flashing,


37


non-animated signs in any or all three categories; (a) signs attached flat against the wall of the building or projecting not more than six feet above such wall, 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 Sq. Ft. of sign area, for each street on which the property fronts; and (c) direc- tional and traffic signs, subject to the approval of the Chief of Police.


c. Height


Height of structures shall be as specified in the Table of Uses & Restrictions, subject further to the provisions of Section VIII, paragraph 4.


d. Landscaping


Screening and landscaping shall be provided and maintained in front yards, and in side or rear yards adjacent to developed residential property, in accordance with planting plans approved by the Planning Board and incorporated as part of the plans on which the building permit is based.


e. Coverage


The total ground coverage of all structures shall not exceed the percentage of the total land area of the lot specified in the Table of Uses & Restric- tions, unless the Board of Appeals shall deem a lesser amount to be adequate or a greater amount to be needed to serve the anticipated uses.


f. Distance to Residence


No non-residential structure shall be built closer to the outside wall of any existing occupied resi- dence than the distance specified in the Table of Uses & Restrictions .


g. Distance from Highway -- Distance from Property Lines


No structure shall be constructed closer to a high- way or other lot line than the distance specified in the Table of Uses and Restrictions unless the Board of Appeals shall deem a lesser amount to be adequate. For the purposes of this paragraph, the sideline of an express highway right-of-way across


38


which access is prohibited shall be considered as a property line, not a highway line.


3. TABLE OF USES AND RESTRICTIONS


Gen.


1. Permitted Uses


Ind.


Ind.A Ind.B


Ind.C


Ind.D


a. Residence


Res. A


Res. C


No


Res . C


No


b. Business


Yes


No


No


No


No


c. Highway services No


Bd.ofA.Bd.ofA.


Bd.ofA.


No


d.Commercial


Yes


Yes


No


No


No


e. Light Mfg.


Yes


Yes


Yes


Yes


Yes


f. General Mfg.


Yes


Yes


No


No


No


g. Accessory Uses


Yes


Yes


Bd.ofA.


Bd.ofA.


Bd.of A.


h. Agricultural


Uses


Yes


Yes


Yes


Yes


Yes


2. Restrictions


a. Parking


As prescribed in Section 2 -a


b.Signs As prescribed in Section 2 -b


c. Height


60'


50'


40'


40'


40'


d.Landscaping


N.R.


2-d.


See Section 2 - d


e. Coverage


50%


30%


50%


30%


25%


f.Dist.to Res.


N.R.


400'


300'


300'


400'


g.Dist.from Hi-


way


30'


50'


40'


40'


50'


Dist.from


Property Lines 15'


40'


40'


40'


100'


NOTES : All uses & restrictions are referred specifically to the like numbered paragraphs of subsections 1 and 2 for detailed requirements.


Bd. of A. indicates that use is permitted only subject to special permit from Board of Appeals acting under Section XIII. N.R. means no special restrictions are required.


4. LOCATION & CLASSIFICATION OF INDUSTRIAL AREAS


The following areas are bounded according to descrip- tions and map on file with the Town Clerk:


a. General Industrial Districts


1. Haverhill-York Street-Tantallon Road Area


2. Shawsheen River-North Main Street-Harding St. Shawsheen Plaza Area


3. Stevens St. - Lewis St .- Pearson St. - Railroad Street Area


4. Lupine Rd. - Shawsheen River Area


5. Shawsheen River-Dale Street, Ballardvale Area


6. Tewksbury Street, Lowell Junction Area


b. Industrial A Districts


1. North Street-Methuen, Lawrence, Andover Town Line Area 2. Lowell Junction Area


39


c. Industrial B Districts


1. Filter Bed Rd. (Liberty St.)-Lawrence City Line Area


d. Industrial C Districts


1. Chandler Road-River Road-Route 93 Area


2. Andover Street Area


e. Industrial D Districts


1. River Road-Laurel Lane-Route 93 Area


2. Route 93 (East Side) Area


Voted by more than 2/3 as required. A report of the Ando- ver Planning Board relative to Article 41 was read by Harold T. King, Chairman. A quorum was present.


ARTICLE 42. To see if the Town will vote to amend the Zoning By-Law by inserting a new paragraph 4 between pres- ent paragraphs 3 and 4 of Section XIII and renumbering as paragraph 5 the present paragraph 4. The new paragraph to read as follows :


4. Uses specified in Section IV through VII as per- mitted only subject to special permit from the Board of Appeals, and said permits shall be issued in conformity with other relevant pro- visions of this Zoning By-Law and of State statutes.


Upon motion duly seconded, it was VOTED to amend the Zoning By-Law by inserting a new paragraph 4 between pres- ent paragraphs 3 and 4 of Section XIII and renumbering as paragraph 5 the present paragraph 4. The new paragraph to read as follows :


4. For uses where special permits are required under this by-law or by statute.


Voted by more than 2/3 as required. A report of the Ando- ver Planning Board relative to Article 42 was read by James H. Eaton, III, a member of the Planning Board. A quorum was present.


ARTICLE 43. To see if the Town will vote to amend Sec- tion IX of the Zoning By-Law by striking out of the head- ing of Paragraph 7 the phrase "for a tract of 10 acres or more" and substituting therefor the following: "for a tract of 50 acres or more" so that the heading of Paragraph 7 will read as follows: "The Planning Board may approve according to the Subdivision Control procedures authorized in Section 81K to 81GG of Chapter 41 of the General Laws, a subdivision plan in any Single Residence District other than Single Residence A District for a tract of 50 acres or more in which some of the individual lots do not conform


40


specifically to the lot area, frontage, setback, or yard requirements of Section IX above, provided that: "and by striking out of Subparagraph b. the phrase "and in no case shall an individual lot have less than 100' frontage" and substituting therefor the following "and the minimum width of any individual lot shall be 100' measured either at the street or at the setback line" so that subparagraph b.


will read as follows: "The aggregate street frontage of lots in such proposed subdivision counting only one front- age for corner lots, is not less than one-half the product of the number of lots times the minimum frontage require- ment for the zoning district in which the subdivision is located and the minimum width of any individual lot shall be 100' measured either at the street or at the setback line" .


Upon motion duly seconded, it was VOTED to amend Section IX of the Zoning By-law by striking out of Paragraph 7, Subparagraph b. the phrase "and in no case shall an indi- vidual lot have less than 100' frontage" and substituting therefor the following "and the minimum width of any in- dividual lot shall be 100' measured either at the street or at the setback line" so that subparagraph b. will read as follows : "The aggregate street frontage of lots in such proposed subdivision counting only one frontage for corner lots, is not less than one-half the product of the number of lots times the minimum frontage requirement for the zoning district in which the subdivision is located and the minimum width of any individual lot shall be 100' measured either at the street or at the setback line." Voted by more than 2/3 as required. A report of the Ando- ver Planning Board relative to Article 43 was read by Robert G. Goodwin, a member of the Planning Board. A quo- rum was present.


ARTICLE 44. To see if the Town will vote to extend the Shopping Center District to include the Single Residence C property bounded and described as follows : beginning at a point on the northerly side of new Route 93, thence run- ning northerly 387' more or less to the southwesterly cor- ner of the Shopping Center District land; thence turning and running easterly 371' more or less to a point, said point being the northeasterly corner of land now or former- ly of William Low; thence turning and running southerly 190' more or less to a point at the northwesterly corner of land now or formerly of William Mckeown; thence turning and running easterly 240' more or less to a point at the northeasterly corner of land now or formerly of Leo Silva; thence turning and running southerly 124' more or less to Lowell Street, the last four bounds all being by the Shop- ping Center District; thence turning and running westerly by said Lowell Street 762' more or less to the point of


41


beginning.


Upon motion duly seconded, it was VOTED to extend the Shopping Center District to include the Single Residence C property bounded and described as follows : Beginning at the intersection of the northerly line of Lowell Street and the easterly line of Route 93; thence proceeding northerly by the easterly line of Route 93, 387' to the present Shop- ping Center District; thence proceeding northeasterly 378' by the present Shopping Center District to the northeast corner of land of Low, now or formerly; thence proceeding southeasterly approximately 200' by the Shopping Center District and land of said Low to land of Mckeown; thence proceeding northeasterly 240' by the present Shopping Cen- ter District and by land of Mckeown, Crompton and Silva, now or formerly; thence proceeding southerly 125' by land of Silva and the present Shopping Center District to the northerly line of Lowell Street; thence proceeding westerly by the northerly line of Lowell Street to the point of be- ginning.


Voted by more than 2/3 as required. The vote YES-241, NO-100. A report of the Andover Planning Board relative to Article 44 was read by John N. Cole II, a member of the Planning Board. A quorum was present.


ARTICLE 45. To see if the Town will vote to change from Multiple Residence and Single Residence A Districts to Apartment District the following described parcels of land: beginning on the easterly side of Morton Street at the northwesterly corner of land now or formerly of Dzioba, thence running easterly 280.78' by land of Dzioba, Cate and Sachse; thence running southerly by land now or formerly of Trustees of Phillips Academy 176.02'; thence turning and running easterly again by land now or formerly of Trustees of Phillips Academy 148.77'; thence turning and running southerly by land of Trustees of Phillips Academy 282.52' ; and further southerly by said Phillips Academy land 301.92' ; thence turning and running westerly by land of Trustees of Phillips Academy 461' more or less to Morton Street; thence continuing in a westerly direction by said Morton Street 38' to a point; thence turning and running northerly by the easterly line of Morton Street 188' more or less to a point, which point is opposite the southeasterly bound of the Veterans' Housing as extended easterly in a straight line to the easterly side of Morton Street; thence turning and running in a southwesterly direction 582' more or less by land now or formerly of Agnes Murray and land now or former- ly of Honora McCarthy and land now or formerly of Clinton Stevens and by lands now or formerly of Coates and Sullivan to a point marking the southwesterly corner of land of the Housing Authority; thence turning and running in a northerly


42


1


direction by a stone wall and land of the Town of Andover 590' to the center line of Rogers Brook at land of, now or formerly, Mulvey; thence turning and running in a generally easterly direction by a center line of Rogers Brook to the westerly side of Morton Street; thence turning diagonally across Morton Street to land now or formerly of Dzioba and the point of beginning.


Article 45 was defeated.


A motion was made and duly seconded to adjourn at 11:40 o'clock P. M. The meeting will be continued on Tuesday, March 14, 1961, at 7:30 o'clock P. M.


ADJOURNED TOWN MEETING, MARCH 14, 1961


The meeting was called to order by Charles G. Hatch, Moderator, at 8:00 o'clock P. M.


Due to lack of a quorum, a motion was made and seconded to adjourn to Wednesday, March 22, 1961 at 7:30 o'clock P. M.


ADJOURNED TOWN MEETING, MARCH 22, 1961


The meeting was called to order at 7:35 P. M. by Charles G. Hatch, Moderator, having been adjourned from March 14 due to lack of a quorum.


The check lists were used at the entrance and showed 452 voters admitted to the meeting.


Unanimous consent was voted to admit three non-voters.


ARTICLE 46. To see if the Town will vote to change from Single Residence A to "Shopping Center District, Section VI A", the following described parcel of land:


A certain tract of land situated on the Easterly side of Union Street in said Andover, bounded and described as follows : beginning at the Southwesterly corner of the within described premises at the Northwesterly corner of land now or formerly of Thomas B. and Catherine J. Noyes at Union Street; thence running Easterly by land now or formerly of said Noyes, land now or formerly of Dean K. Webster, Jr., et al, Trustees, land now or formerly of Harold and Rita K. Haller, land now or formerly of Donald I. and Barbara L. Richmond, a distance of 540 feet more or


43


less to the bank of the Shawsheen River; thence turning and running northerly by the bank of the Shawsheen River 550 feet more or less to the northeasterly corner of land now or formerly of John N. O'Malley, at land now or former- ly of Irene M. Richard; thence turning and running westerly by land of said Richard and land now or formerly of Cyr Oil Co. 565 feet more or less to Union Street; thence turn- ing and running southerly by Union Street 440 feet more or less to the point of beginning; containing 5.33 acres more or less, upon petition of Cyr Oil Co. by Wilfred L. Cyr, President and Treasurer and others.


Article 46 was withdrawn.


ARTICLE 47. To see if the Town of Andover will accept as a gift from Fred E. Cheever a parcel of land located on the West side of Route 93 and shown on Assessors' Map 150 as Parcel 2A, containing six acres more or less, bordered on the North by land of the Town of Andover, on the East by Route 93, on the South by land of the Town of Andover, and on the West by land of the Town of Andover .


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


ARTICLE 48. To see if the Town will accept as a gift from George D. Knightly a parcel of land described as fol- lows :


A certain parcel of land located in the Andover Park sub- division on Birch Street (a proposed street) owned by George D. Knightly and recorded in the North Essex Registry of Deeds in Book 270, Page 244 and being lots 52 & 54 on said subdivision and shown on Assessors' Map number 119, and parcel number 128.


Upon motion duly seconded, it was VOTED to accept Arti- cle 48 as printed.


ARTICLE 49. To see if the Town of Andover will vote to accept as a Public Way, a private way now known as Lake- side Circle, off Haggetts Pond Road, as shown on a plan by Andover Engineers, Inc. numbered 3906 dated July 15, 1959, duly recorded with the Essex North Registry of Deeds July 15, 1959 in accordance with the plan and description on file at the Town Clerk's office, on petition of Ruth T. Stevens and others.


Article 49 was withdrawn.


ARTICLE 50. To see if the Town of Andover will vote to accept as a Public Way, a private way now known as Sherry


44


Drive, as shown on a plan by Andover Engineers, Inc., Num- bered 3367, dated October 26, 1956 duly recorded with the Essex North District Registry of Deeds Oct. 26, 1956. Dependent upon the completion of specifications and recom- mendations of the Andover Planning Board as shown on above Plan 3367. The Office of Town Clerk now has on file a plan and description of this way, on petition of Ruth T. Stevens and others.


Article 50 was withdrawn.


ARTICLE 51. To see if the Town will vote to accept as public ways Wild Rose Drive, Hickory Lane and Holly Ter- race as shown on a plan which has been approved by the Andover Planning Board, said ways being shown on a plan entitled "Subdivision Plan of Rolling Green", Andover , Mass., by Clinton F. Goodwin, Reg. Prof. Engineer; Sec- tions 1 and 2 as recorded on Plan No. 3880 in the North Essex Registry of Deeds, on petition of John Philip Enter- prises, Inc. and others, subject to approval by the Board of Selectmen.


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


ARTICLE 52. To see if the Town will vote to accept as a public way an additional portion of Suncrest Road, off South Main Street, as shown on a plan made by Arthur R. Nicholson, C. E., of Methuen, dated January 1956, and also shown on a plan made by David J. McCracken of Methuen, dated September 1955, both of these plans and a descrip- tion being on file in the office of the Town Clerk, on petition of Barbara B. Fisher and others.


Article 52 was defeated.


ARTICLE 53. To see if the Town will vote to accept as a public way and name Cutler Road from the intersection of Lowell Street to the intersection of Reservation Road and Oriole Drive in accordance with a plan and description dated November 1960 which is on file in the office of the Town Clerk.


Upon motion duly seconded, it was VOTED to accept Arti- cle 53 as printed.


ARTICLE 54. To see if the Town will vote to accept as a public way and name Pearson Street from the intersection of Essex Street to Main Street in accordance with a plan and description dated August, 1960, which is on file in the office of the Town Clerk.


45


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


ARTICLE 55. To see if the Town will vote to accept as public ways and names Cindy Lane and Marilyn Road as shown on Plan #4009 recorded in the North Essex Registry of Deeds and also as shown on Plan #4121 which supercedes a portion of plan #4009-both plans being on file in the of- fice of the Town Clerk.


Upon motion duly seconded, it was VOTED to accept and name as public ways Cindy Lane and Marilyn Road as shown on Plan #4009 recorded in the North Essex Registry of Deeds and also as shown on Plan #4121 which supercedes a portion of plan #4009-both plans being on file in the of- fice of the Town Clerk, and subject to the approval of the Board of Selectmen.


ARTICLE 56. To see if the Town of Andover will vote to accept as a public way Thresher Road as approved by the Planning Board and laid out by the Board of Selectmen as shown on a Plan entitled: "Subdivision and Acceptance Plan 'West Centre Acres', Owner : Ruth T. Stevens, approved March 1956, Engineer Clinton F. Goodwin," said plan being recorded in the North District of Essex Registry of Deeds as Plan #3235, dependent upon the completion of certain remaining improvements meeting the specifications and re- commendations of the Planning Board. The office of the Town Treasurer now has on file a Bank Book securing the completion of these remaining improvements, on petition of Albert E. Schlott and others.




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