Town annual report of Andover 1963-1969, Part 41

Author: Andover (Mass.)
Publication date: 1963
Publisher: The Town
Number of Pages: 902

USA > Massachusetts > Essex County > Andover > Town annual report of Andover 1963-1969 > Part 41

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ARTICLE 33. To see if the Town will vote to accept Chapter 40, Section 42A through 42F of the General Laws of the Commonwealth of Massachusetts. (An act per- taining to the collection of water rates and service charges making such charges an automatic lien on property following a due date).

Upon motion duly seconded, it was VOTED to accept Chapter 40, Section 42A through 42F of the General Laws of the Commonwealth of Massachusetts. (An act pertaining to the collection of water rates and service charges making such charges an automatic lien on property following a due date).

ARTICLE 34. To see if the Town will vote to authorize the Board of Selectmen to sell the building at 88 Carmel Road, sometimes referred to as "The Infirmary", and the land on which it lies, as shown on a plan on file with the Town Clerk, for such sum as it deems best for the Town and to authorize the Board of Selectmen to sign, seal with the Town seal and execute a deed or deeds of the said property.

Upon motion duly seconded, it was VOTED that the Board of Selectmen be authorized to sell the "Infirmary" at public auction for a sum not less than $5,000; and fur- ther, that the Selectmen be authorized to demolish the building should, in their opinion, no satisfactory offer of purchase of the property be received, as shown on a plan on file with the Town Clerk, which plan may subsequently require change under the provisions of Subdivision Control. The VOTE -- YES-282, NO-2 -- voted by more than 2/3 as required.

ARTICLE 35. To see if the Town will vote to authorize the Town Manager to estab- lish a local Council on Aging in accordance with Chapter 495 of the Acts of 1956, Chapter 376 of the Acts of 1959, and Chapter 66 of the Acts of 1965, said Council to carry out programs designed to meet problems of the aging in coordination with pro- grams of the Massachusetts Commission on Aging established under Chapter 6, Section 73, Mass. General Laws.

Upon motion duly seconded, it was VOTED to accept Article 35 as printed.

ARTICLE 36. To see if the Town will vote to accept by gift the following ease- ments :

1. Sewer and drainage easement, Preben Eggers to Inhabitants of the Town of Andover, Mass. James Bougioukas, Surveyor, June 6, 1965, filed in the North Essex Registry of Deeds, plan #5297.

2. Sewer and drainage easement, William R. Hill to Inhabitants of the Town of Andover, Mass. John Avery, Jr., Surveyor, January, 1966, a copy of the plans on file at the office of the Town Clerk.

Upon motion duly seconded, it was VOTED to accept Article 36 as printed.

ARTICLE 37. To see if the Town will vote to authorize the Board of Selectmen to sell, for a sum not less than $1, 200.00, property on Lupine Road known as Lot #157, Map #55 in the Assessors' records as recorded in Book 932, Page 444 in Essex North Registry of Deeds and bounded and described as follows :

Beginning at a stone bound at the intersection of the southeasterly line of Lupine Road with the southwesterly side line of School Street, thence southeasterly by School Street one hundred sixty-seven feet to a point; thence southwesterly by land of owners unknown one hundred five feet to the wall of the burying ground of the South Church and, further southwesterly by said wall one hundred eighty-eight feet to a corner in the wall; thence westerly by other land of the grantor thirty feet to a stone bound in the side line of Lupine Road; thence northerly and northeasterly on two courses by Lupine Road three hundred sixty-eight feet to the point of beginning; containing 33,675 square feet, more or less; being the same premises conveyed to the Andover Village Improvement Society by deed of Mary Byers Smith, dated October 17, 1935 and recorded with the North Essex Registry of Deeds in Book 594, Page 523; - and to authorize said Board of Selectmen to execute and deliver a deed for the said property in pursuance of this vote, on petition of George B. Westhaver and others.

Article 37 was withdrawn.

ARTICLE 38. To see if the Town will vote to authorize the Selectmen to grant for the sum of one dollar an easement fifty feet (50' ) in width across land owned by Inhabitants of the Town of Andover situated on Wood Hill in said Andover for passage by foot or vehicle from land now or formerly of Arnold S. Lerner et alii to land to be conveyed to American Telephone & Telegraph Company; together with the right to clear and keep cleared all trees, roots, brush and other obstructions within said strip and to construct, operate and maintain an extension of an existing pole line carrying electrical power and communication lines over, upon and along the right of way; said easement being shown on plan entitled "The American Telephone & Telegraph Company, Land in Andover (Essex Co. ) Massachusetts, belonging to Town of Andover, September 3, 1965, Gordon E. Ainsworth & Associates, Registered Land Surveyors", a copy of said plan being on file at the office of the Town Clerk.

Upon motion duly seconded, it was VOTED unanimously to authorize the Selectmen to grant for the sum of one dollar an easement thirty-three (33') in width across land owned by Inhabitants of the Town of Andover situated on Wood Hill in said Andover for passage by foot or vehicle from land now or formerly of Arnold S. Lerner et alii to land to be conveyed to American Telephone & Telegraph Company; together with the right to clear and keep cleared all trees, roots, brush and other obstructions with- in said strip and to construct, operate and maintain an extension of an existing pole line carrying electrical power and communication lines over, upon and along the right of way; said easement being shown on plan entitled "The American Telephone & Tele-

graph Company, Land in Andover (Essex Co. ) Massachusetts, belonging to Town of Ando- ver, September 3, 1965, Gordon E. Ainsworth & Associates, Registered Land Surveyors", a copy of said plan being on file at the office of the Town Clerk. A quorum was present.

At this time, Town Counsel Fredric S. O'Brien asked that there be a suspension of the warrant for the regular town meeting to act on the Special Town Meeting.

At 12:55, the regular meeting was adjourned and the special town meeting was called to order.

ARTICLE 1. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $3,000.00 and to authorize the Selectmen in their discre- tion to enter into a contract with the Massachusetts Bay Transportation Authority to use said sum or any part thereof to defray deficits of the railroad resulting from providing commuter service from Andover to Boston.

Article 1 of the special town meeting was withdrawn.

Town Counsel Fredric S. O'Brien moved for reconsideration of Article 14 at this time in order to add the following to the vote:

The Betterment Act will apply on Cross Street and High Plain Road.

Upon motion duly seco nded, this amendment was voted unanimously.

ARTICLE 39. To see if the Town will vote to amend the Town By-Laws by substituting therefor, (except as to the Zoning By-Laws, the Fire Prevention Code, the Building Code By-Law, and the Plumbing By-Law) the following by-laws for the Town of Andover:

Due to the length of Article 39 and the vote taken thereon, the By-Laws referred to in said Article have not been included in this annual report. Copies are avail- able in the Town Clerk's office at the nominal fee of fifty cents.

ARTICLE 40. To see if the Town will vote to amend the Building Code of the Town adopted at the Town Meeting of March, 1960, by adding a new paragraph to Section 9 thereof and worded as follows :

"Fees for the issuance of permits, as indicated in this section, shall be paid by the applicant. The amount of the fees shall be determined as follows : "

BUILDING PERMITS (Type)

COST OF PERMITS

$35.00 for the first $15,000. $ 3.00 per thousand over $15,000. Minimum fee of $35.00

$ 3.00 per thousand Minimum fee $3.00

$ 3.00 per thousand Minimum fee $6.00

$ 3.00 per permit

$ 5.00 per permit

$ 3.00 per thousand

$ 6.00 minimum fee

Signs

$ 3.00 per thousand

$ 6.00 minimum fee

New Buildings

Additions and Alterations

Swimming Pools

Raze

Move Permits (Structural)

Elevators-

Installations, Repairs, Alterations

Re-inspection

$ 3.00 minimum - per inspection

Renewals

$ 3.00 minimum

$ 3.00 per thousand

$ 6.00 minimum

Heating Alterations

$ 3.00 per thousand

(except units included under

$ 6.00 minimum

ELECTRICAL PERMITS (Туре)

COST OF PERMITS

New Dwellings or other structures

$10.00

Temporary service

$ 3.00

Renewal

$ 3.00

Repairs - Alterations

$ 3.00

Oil Burner Installations

$ 3.00

Re-inspections

$ 3.00 per inspection

Upon motion duly seconded, it was VOTED to amend the Building Code of the Town adopted at the Town Meeting of March, 1960, by adding a new paragraph to Section 9 thereof and worded as follows :

"Fees for the issuance of permits, as indicated in this section, shall be paid by the applicant. The amount of the fees shall be determined as follows :"

BUILDING PERMITS (Туре)

COST OF PERMITS

$35.00 for the first $15,000 $ 3.00 per thousand over $15,000 Minimum fee of $35.00

Additions and Alterations

$ 3.00 per thousand Minimum fee $3.00

$ 3.00 per thousand Minimum fee $6.00

$ 3.00 per permit

$ 5.00 per permit

$ 3.00 per thousand $ 6.00 minimum fee

Signs calling attention to professional or business activities or services or to products or commercial directional signs

$ 3.00 per thousand $ 6.00 minimum fee

Re-inspection

$ 3.00 minimum - per inspection

Renewals

$ 3.00 minimum

Air Conditioning (except units included under original Building Permit)

$ 3.00 per thousand $ 6.00 minimum

Raze

Move Permits (Structural )

Elevators-

Installations, Repairs, Alterations

New Buildings

Swimming Pools

Air Conditioning (except units included under original Building Permit)

original Building Permit)

Heating Alterations (except units included under original Building Permit)

$ 3.00 per thousand $ 6.00 minimum

ELECTRICAL PERMITS (Type)

COST OF PERMITS

New Dwellings or other structures

$10.00

Temporary service

$ 3.00

Renewal

$ 3.00

Repairs - Alterations

$ 3.00

Oil Burner Installations

$ 3.00

Re-inspections

$ 3.00 per inspection

The Moderator declared Article 40 voted in the affirmative. A quorum was present.

ARTICLE 41. To see if the Town will vote to amend the Andover Building Code by adding the following three paragraphs to Section 28 (a) :

Section 28 (a) - 1.

All exterior framewalls, except walls of garages and other such nonhabitable buildings, shall be sheathed with one of the following materials, or any other material of equal strength, approved by the Inspector of Buildings:

Nominal one inch (1") wood sheathing

One-half inch (2") thick, five (5)-ply Plywood (exterior glue) .

Section 28 (b) - 2.

Sub-floors - When used as sub-flooring, boards shall be nominal one inch (1") wood sheathing or plywood five-eighths (5/8") thick, five (5) - ply (exterior glue) for joists six- teen inch (16") on centers or less

Section 28 (a) - 3.

All plywood, when used structurally, (including its use for siding, roofing, wall sheathing and subflooring), shall bear the identification of an approved testing agency as to type and grade, species of veneer, and conformance with the applicable U. S. Commercial Standard. All plywood, when permanently exposed in outdoor application, shall be of exterior type.

Upon motion duly seconded, it was VOTED unanimously to amend the Andover Building Code by adding the following three paragraphs to Section 28 (a) :

Section 28 (a) - 1.

Nominal one inch (1") wood sheathing One-half inch (2") thick, five (5)-ply Plywood (exterior glue) .

Section 28 (b) - 2.

Sub-floors - When used as sub-flooring, boards shall be nominal one inch (1") wood sheathing or plywood five-eighths (5/8") thick, five (5) - ply (exterior glue) for joists sixteen inch (16") on centers or less.

Section 28 (a) - 31.

A quorum was present.

ARTICLE 42. To see if the Town will vote to amend Section 9 of the Andover Build- ing Code by deleting, in the first paragraph, the following sentence :

"The Inspector may also require, at his discretion, a survey of the lot on which any proposed building is to be erected, to be filed with the applica- tion", and substitute therefor a new sentence worded as follows:

"The Inspector may require the Survey Record Form, available at the Building Inspector's office, to be completed as required and filed with the application for the proposed building."

Upon motion duly seconded, it was VOTED to amend Section 9 of the Andover Build- ing Code by deleting, in the first paragraph, the following sentence:

"The Inspector may require the Survey Record Form, available at the Building Inspector's office, to be completed as required and filed with the application for the proposed building."

The Moderator declared Article 42 voted in the affirmative. A quorum was present.

ARTICLE 43. To see if the Town will vote to delete from the Andover Building Code the present definition of "garage", outlined in Section 19 and substitute a new definition as outlined in the Fire Prevention Rules, Form FPR-4, worded as follows:

GARAGE "any building wherein is kept or stored one or more motor vehicles; including among others a public or private garage, carport, motor vehicle repair shop or paint shop, service station, lubritorium, or any building used for similar purposes."

Upon motion duly seconded, it was VOTED to delete from the Andover Building Code the present definition of "garage", outlined in Section 19 and substitute a new definition as outlined in the Fire Prevention Rules, Form FPR-4, worded as follows :

The Moderator declared Article 43 voted in the affirmative. A quorum was present.

ARTICLE 44. To see if the Town will vote to add a new paragraph "c" to Section 37 of the Andover Building Code, as outlined in the Fire Prevention Rating Rules, Form FPR-4 and worded as follows :

SECTION 37.

c. When a portion of a building or other structure is to be used as a garage, the portion so used shall be separated from the rest of the building by a fire wall, fireproof floor, fireproof ceiling and metal-covered door with suitable threshold in a manner neces- sary in a given case, provided that if the garage has a net floor area of not more than two thousand (2000) square feet such sepa- ration may be made with a fire partition and fire protected ceil- ing, and the garage shall otherwise conform to the requirements of these rules and regulations as they would apply to an independ- ent building at the same location.

Upon motion duly seconded, it was VOTED to add a new paragraph "c" to Section 37 of the Andover Building Code, as outlined in the Fire Prevention Rating Rules, Form FPR-4 and worded as follows :

SECTION 37.

c. When a portion of a building or other structure is to be used as a garage, the portion so used shall be separated from the rest of the building by a fire wall, fireproof floor, fireproof ceiling and metal-covered door with suitable threshold in a manner neces- sary in a given case, provided that if the garage has a net floor area of not more than two thousand (2000) square feet such separa- tion may be made with a fire partition and fire protected ceiling, and the garage shall otherwise conform to the requirements of these rules and regulations as they would apply to an independent build- ing at the same location.

The Moderator declared Article 44 voted in the affirmative. A quorum was present.

ARTICLE 45. To see if the Town will vote to adopt as a new By-Law of the Town of Andover the following: Owners of dogs must keep their animals under control, by leash or by other means, at all times when their dogs go on public ways, public lands, or private property of others, on petition of Walter E. Winn, Jr. and others.

Article 45 was defeated.

ARTICLE 46. To see if the Town will vote to amend Section VI A (Other Require- ments) by inserting a new paragraph VI A.5. as follows :

Section VI - Other Requirements

A. Parking

5. General Business District

a. General Regulations

(1) In General Business Districts off-street parking areas shall be pro- vided for certain uses as specified in Section VI.A.5.b. Each space shall contain less than 160 square feet which shall be in addition to areas required for driveways, loading, walks and circulation.

(2)The required number of off-street spaces shall be provided on the same lot as the use or uses in question or on a lot within 400' of the property on which the use or uses are located.

(3) Parking spaces shall not be required if the computed requirement for non-residential uses in Business Districts is six spaces or less.

(4) The number of spaces required for a use or uses may be reduced in accordance with the table below provided that 50% of the property lies within the distance indicated from a lot dedicated to public parking. Distance shall be measured from the perimeter of the public parking lot.

Distance

Reduction as a % of # of spaces in Public Parking Lot

100

20%

200

15%

300

10%

400

over 400

(5) Required parking space may be provided for two or more uses on a common lot if the total space available is not less than the sum of the spaces required for each use individually. The required number of spaces on a common lot may be reduced by a Special Permit under Section VIII B.2 if it can be shown that the parking needs for the uses are such that a lower total will serve all uses adequately .

(6) Along a property line adjacent to a residential use, non-residen- tial parking areas shall be suitably screened with a wall, fence or evergreen hedge, or a combination of these, at least five feet high.

(7) Buildings and land uses in existence or for which building permits have been issued at the date of the adoption of this Bylaw shall be exempt from the general parking requirements but shall be subject to the following provisions :

(a) Alterations, including changes in uses, are permitted without being subject to the above requirements, provided that the number of spaces which would be required to serve the increase in floor area or the change in use does not exceed six spaces, or does not exceed 50% of the number of spaces which would be required for the existing building, whichever is larger.

(b) Where buildings are expanded, no parking facilities on land owned by the user shall be reduced so that the number of parking spaces is less than 75% of that number required for the original structure.

(8) When there are two or more uses in the same structure, the required spaces shall be the sum of the requirements for the individual uses. The required number of spaces on a common lot may be reduced by a Special Permit under Section VIII B.2 if it can be shown that the parking needs for the uses are such that a lower total will serve all uses adequately.

b. Table of Off-Street Parking Requirements

Note: The term "usable floor area" shall mean the floor area of the building or portion thereof in question excluding (1) stairs, hallways and circulation spaces, (2) maintenance rooms or areas housing heating and ventilating equipment and (3) storage areas accessory to the operation of the activity.

(1)For retail and personal or consumer service establishments one Space for each 450 square feet of usable floor area.

(2) For business, professional or administrative offices, one space for each 450 square feet of usable floor area.

(3) Medical or Health Center, four spaces for each doctor or dentist.

(4) For places of assembly for indoor recreation or amusement, one Space for each three seats; or, where no fixed seats are used, one space for each 36 square feet of public floor area.

(5) For trade, professional or other school conducted as a gainful business, a number of spaces equal to one-half the school student capacity at any one session.

(6) For restaurant or similar establishments, one space for each 3 seats, plus one space for each 2 employees on principal work shift.

(7) For hotel or motel, one space for each sleeping unit in addition to those required for a restaurant, if any, as covered in "f" above.

(8) For gasoline service station or automobile repair garage, one Space for each employee on principal work shift, plus two spaces for each service bay or 300 square feet of interior service area.

(9)For wholesale storage, warehousing or similar service uses, one Space for each 600 square feet of usable floor area.

(10) For each dwelling unit, one space.

Upon motion duly seconded, it was VOTED to amend Section VIA (Other Requirements) by inserting a new paragraph VI A.5 as follows:

Section VI - Other Requirements

A. Parking

5. General Business District

a. General Regulations

(1) In General Business Districts off-street parking areas shall be pro- vided for certain uses as specified in Section VI.A.5.b. Each space shall contain not less than 160 square feet which shall be in addi- tion to areas required for driveways, loading, walks and circulation.

(2) The required number of off-street spaces shall be provided on the same lot as the use or uses in question or on a lot within 400' of the property on which the use or uses are located.

(3) Parking spaces shall not be required if the computed requirement for non-residential uses in Business Districts is six spaces or less.

Distance

Reduction as a % of # of spaces in Public Parking Lot

100

20%

200

15%

300

10%

400

over 400

(5) Required parking space may be provided for two or more uses on a common lot if the total space available is not less than the sum of the spaces required for each use individually. The required number of spaces on a common lot may be reduced by a Special Per- mit under Section VIII B.2 if it can be shown that the parking needs for the uses are such that a lower total will serve all uses adequately.

(6) Along a property line adjacent to a residential use, non-residential parking areas shall be suitably screened with a wall, fence or ever- green hedge, or a combination of these, at least five feet high.

(a) Alterations, including changes in uses, are permitted without being subject to the above requirements, provided that the number of spaces which would be required to serve the increase in floor area or the change in use does not exceed six spaces, or does not exceed 50% of the number of Spaces which would be required for the existing building, whichever is larger.

b. Table of Off-Street Parking Requirements

Note: The term "usable floor area" shall mean the floor area of the building or portion thereof in question excluding (1) stairs, hall- ways and circulation spaces, (2) maintenance rooms or areas housing heating and ventilating equipment and (3) storage areas accessory to the operation of the activity.

(1) For retail and personal or consumer service establishments one Space for each 300 square feet of usable floor area.

(2) For business, professional or administrative offices, one space for each 450 square feet of usable floor area.

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Town annual report of Andover 1963-1969, Part 41

Author: Andover (Mass.) Publication date: 1963 Publisher: The Town Number of Pages: 902

Author: Andover (Mass.)
Publication date: 1963
Publisher: The Town
Number of Pages: 902