Town annual report of Andover 1963-1969, Part 42

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 42

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

(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 "6" 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.

The VOTE -- YES 404, NO 27. Voted by more than 2/3 as required. £ A quorum was present. A report of the Andover Planning Board was read by James T. Trenholm, Secretary.

ARTICLE 47. To see if the Town will vote to change from Single Residence A to General Business District, the following described parcel of land:

AREA 1 (all lots on Town Assessors' Map #39) 1963 edition

Beginning at the northwest corner of Lot 33; thence easterly along the northerly lines of Lots 33, 34, 37 and the easterly extension of the northerly line of Lot 37 to the centerline of Bartlett Street; thence southerly along the centerline of Bartlett Street to the centerline of Chestnut Street; thence westerly along the centerline of Chestnut Street to the southerly extension of the west line of Lot 33; thence northerly along the extension and westerly line of Lot 33 to the point of beginning.

Upon motion duly seconded, it was VOTED to change from Single Residence A to General Business District, the following described parcel of land:

AREA 1 (all lots on Town Assessors' Map #39) 1963 edition

The VOTE -- YES 298, NO 136. Voted by more than 2/3 as required. A quorum was present. A report of the Andover Planning Board was read by James T. Trenholm, Secretary .

ARTICLE 48. To see if the Town will vote to change from Single Residence A to General Business District, the following described parcel of land:

AREA 2 (all lots on Town Assessors' Map #39) 1963 edition

Beginning at the northwesterly corner of Lot 53; thence easterly along the northerly line of Lot 53 and easterly extension to the centerline of Bartlett Street; thence southerly along the centerline of Bartlett Street to the centerline of Punchard Avenue; thence westerly along the centerline of Punchard Avenue to the southerly extension of the westerly line of Lot 46; thence northerly along the extension and westerly line of Lot 46 to the northwest corner of Lot 46; thence easterly along the northerly line of Lot 46 to the easterly line of Lot 41; thence northerly along the easterly line of Lots 41 and 40 to the southerly line of Lot 55; thence easterly along the southerly line of Lot 55 to the southeast cor- ner of Lot 55; thence northerly along the easterly line of Lot 55 to the point of beginning.

Article 48 was defeated.

الم محمد على

ARTICLE 49. To see if the Town will vote to change from Single Residence A to General Business District, the following described parcel of land :

AREA 3 (Town Assessors' Map #55) 1963 edition

The part of Lot 127 lying to the westerly side of Lots 126, 125 and 124.

Upon motion duly seconded, it was VOTED to change from Single Residence A to General Business District, the following described parcel of land:

AREA 3 (Town Assessors' Map #55) 1963 edition

The part of Lot 127 lying to the westerly side of Lots 126, 125 and 124.

The VOTE-YES 517-NO 3. Voted by more than 2/3 as required. A quorum was present. A report of the Andover Planning Board was read by James T. Trenholm, Secretary.

ARTICLE 50. To see if the Town will vote to change from Single Residence A to General Business District, the following described parcel of land:

Beginning at the intersection of the centerline of Chestnut Street and northerly extension of the easterly line of Lot 105; thence southerly along the extension and lot line of Lot 105 to the southeast corner of Lot 105; thence westerly along the southerly line of Lot 105 to the southwest corner of Lot 105; thence northerly along the westerly line of Lot 105 to the southerly line of Lot 106; thence westerly along the southerly line of Lot 106 to the southwest corner of Lot 106; thence northerly along the westerly line of Lot 106 to the southerly line of Lot 107; thence westerly along the southerly line of Lot 107; thence northerly along the westerly line of Lot 107 and northerly extension to the centerline of Chestnut Street; thence westerly along the centerline of Chestnut Street to the centerline of Central Street; thence northeast- erly along the centerline of Central Street to the centerline of Brook Street; thence northerly along the centerline of Brook Street to the centerline of Rogers Brook; thence southeasterly along the centerline of Rogers Brook to the easterly line of Lot 45; thence southerly along the easterly line of Lot 45 to the southerly line of Lot 48; thence southeasterly along the southerly line of Lot 48 and southeasterly ex- tension of Lot 48 to the centerline of Central Street; thence southerly along the centerline of Central Street to the centerline of Rogers Brook; thence easterly along the centerline of Rogers Brook to the northwesterly extension of the northeasterly line of Lot 89; thence southeasterly along the extension and lot line of Lot 89 to the centerline of Chestnut Street; thence westerly along the centerline of Chestnut Street to the point of beginning.

Article 50 was defeated.

ARTICLE 51. To see if the Town will vote to change from General Industrial to General Business District the following described land:

AREA 5 (All lots on Town Assessors' Map #38) 1963 edition

Beginning at a point on the centerline of Lewis Street, 100' from the westerly line of No. Main Street; thence southerly along a line parallel to and 100' from the westerly line of North Main Street to the centerline of Pearson Street; thence westerly along the centerline of Pearson Street to the centerline of the Boston & Maine right-of-way; thence northerly along the right-of-way centerline to the southwesterly extension of the centerline of Lewis Street; thence northeasterly along the extension and centerline of Lewis Street to the point of beginning.

Upon motion duly seconded, it was VOTED unanimously to change from General Indus-

trial to General Business District the following described land:

AREA 5 (All lots on Town Assessors' Map #38) 1963 edition

Beginning at a point on the centerline of Lewis Street, 100' from the westerly line of No. Main Street; thence southerly along a line paral- lel to and 100' from the westerly line of North Main Street to the centerline of Pearson Street; thence westerly along the centerline of Pearson Street to the centerline of the Boston & Maine right-of-way; thence northerly along the right-of-way centerline to the southwesterly extension of the centerline of Lewis Street; thence northeasterly along the extension and centerline of Lewis Street to the point of beginning.

A quorum was present. A report of the Andover Planning Board was read by James T. Trenholm, Secretary.

ARTICLE 52. To see if the Town will vote to amend the Zoning Bylaw by changing Paragraph 20, Section IVB. to read as follows :

20. Business, professional or administrative office, provided that such use in the S.R.A. District shall be allowed only in accordance with Section VIII B.2. of this Bylaw, and shall in addition conform to the following specific requirements :

a. No lot may be used for this purpose unless at least 50% of the lot lies within 200' of the boundary of a General Business District, the distance to be measured from the perimeter of such district.

b. The use shall be permitted only in existing buildings. Existing buildings may be altered or enlarged provided that all dimensional requirements of the Bylaw are met.

c. In the case of a building not conforming to dimensional require- ments, the building may be used provided that the extent of such nonconformance is not increased.

d. A minimum of four off-street parking spaces shall be provided for each doctor or dentist office, or one space for each 450 square feet of usable floor area for other professional offices.

Article 52 was defeated.

ARTICLE 53. To see if the Town will vote to amend the Zoning Bylaw by making the following changes :

1. Amend Section IV.B.47 to read "Y" (yes) in all districts and add to the use description the words "provided a permit for the use has been issued by the Building Inspector."

2. Amend Section IV. B.31 by adding the words "poultry farms" after "piggeries".

3. Amend Section VIII.A. by adding the following sentence to the end of the last paragraph : "If the violation is not stopped within an appropriate time following notification, the Building Inspector shall notify the Town Manager for appropriate action."

4. Amend Section IV.B.30 (e) by deleting the last sentence and inserting the following :

"A lot containing more than one unregistered motor vehicle not in condition for travel and stored in the open shall be considered to fall within this definition. The one motor vehicle permitted shall be stored so that it is not visible from any way which abuts the lot on which the vehicle is stored."

5. Amend Section II.16 to read " .. the nearest point of the principal building on the lot."

6. Amend Section V.B.3 by deleting the following phrase: " ... which shall include an attached garage."

7. Amend Section II.2 by adding the following sentence: "A garage or other accessory building attached directly to the principal build- ing, or connected by any enclosed or roofed structure, shall be considered to be a part of the principal building."

8. Amend Section V.B.2.a. by deleting the present section and replac- ing it with the following:

"The minimum yard depth requirements shall not apply in any district to uncovered stairs, small bays or eaves, provided the same to not extend more than five feet into a front or side yard, or ten feet into a rear yard."

9. Amend Section V.B.2.d. by deleting the following phrase: " ... except as provided for accessory buildings in paragraph 3 below."

10. Amend Section V.B.3 by deleting phrase "e".

11. Amend Section VI.B.2 by adding a new subsection as follows: "VI.B.2.f .. No temporary signs related to the election of candidates for public office shall be permitted in any district."

12. Amend Section VI.B.2 by adding a new subsection as follows: "VI.B.2.g .. All signs permitted under the provisions of Section V.B. shall be properly maintained at all times."

13. Amend Section VI.B.1. by adding the following sentence to paragraph 2: "For a sign painted on or applied to a building, the area shall be con- sidered to include all lettering, wording and accompanying designs or symbols, together with any backing different in color or material from the finish material of the building face. "

14. Amend Section VI.B. (Sign Section) by making the following changes :

a . Add a new subsection as follows: Section VI.B.3.a. (6) :... "No part of any sign permitted in a residential district shall be more than 15 feet above ground level."

b. Add the following to the last sentence in Section VI.B.3.b. (3) ... " .. and no part of the sign shall be more than 25 feet above ground level."

c. Add the following to the last sentence in Section VI.B.3.d. (3) : " ... and no part of any such sign shall be more than 25 feet above ground level."

d. Add the following at the end of the first sentence in Section VI. B.3.b. (2): " .. and in no case more than 200 square feet. "

e. In Section VI.B.3.c. (2) delete the last sentence and add at the end of the preceding sentence the following words : " .. and in no case more than 200 square feet."

Add also, same section, the following sentence: "Small individual signs not exceeding two square feet in area, on windows and iden- tifying the occupants therein, shall be excluded from the above limitations."

15. Amend Section II by adding the following two new definitions:

Nonconforming building, structure or lot : A building, structure or lot that does not conform to a dimensional regulation prescribed in this Bylaw for the district in which it is located or to other regu- lations of this Bylaw excepting use regulations, but which building, structure or lot was in existence at the time the regulation became effective and was lawful at the time it was established.

Nonconforming use: A use of a building or lot, which use does not conform to a use regulation prescribed by this Bylaw for the district in which it is located, but which was in existence at the time the use regulation became effective and was lawful at the time it was established.

16. Amend Section VII as follows : Delete the present Sections VII A. and B. and replace with the following new subsections A. and B. :

A. Alteration

1. A nonconforming use may be extended, or a structure housing such a use may undergo alteration involving reconstruction, extension or structural change; provided that in no case may the use or structure or part of the structure housing the nonconforming use be enlarged or extended more than a sum total of 10 percent in volume or floor area during the life of the nonconformity; and provided further that such change shall be permitted only upon the lot on which the nonconform- ing use is located.

2. A nonconforming building or structure may be altered, enlarged or extended provided that the nonconformity is not thereby in- creased in extent or amount beyond its status on the date that it became nonconforming; except that for setback and yard re- quirements the regulations in effect at the time of issuance of a building permit shall be controlling.

B. Replacement after Catastrophe

If a building or structure housing a nonconforming use shall have been damaged by fire, explosion or other catastrophe to the ex- tent of 80% of its assessed value, such building or structure shall not be restored unless the Board of Appeals, acting under Section VIII.B.2, finds that such action is required to prevent unnecessary hardship or gross economic loss to the owner, and is not injurious to the district in which it exists. If damaged to a lesser degree, the building may be rebuilt and the noncon- forming use restored, provided that in either of the above in- stances the extent of the non-conformance shall be in no way in- creased and that the same use, or a use less nonconforming, shall be restored. An opinion from the Town Assessor shall be requested in determining the extent of damage.

Upon motion duly seconded, it was VOTED unanimously to amend the Zoning Bylaw by making the following changes:

1. Amend Section IV.B.47 to read "Y" (yes in all districts and add to the use description the words "provided a permit for the use has been issued by the Building Inspector."

2. Amend Section IV. B.31 by adding the words "poultry farms" after "piggeries".

3. Amend Section VIII.A. by adding the following sentence to the end of the last paragraph: "If the violation is not stopped within an appropriate time following notification, the Building Inspector shall notify the Town

Manager for appropriate action."

4. Amend Section IV.B.30 (e) by deleting the last sentence and inserting the following:

"A lot containing more than one unregistered motor vehicle not in condition for travel and stored in the open shall be con- sidered to fall within this definition. The one motor vehicle permitted shall be stored so that it is not visible from any way which abuts the lot on which the vehicle is stored."

5. Amend Section II.16 to read " .. the nearest point of the principal building on the lot."

6. Amend Section V.B.3 by deleting the following phrase : " ... which shall include an attached garage."

7. Amend Section II.2 by adding the following sentence: "A garage or other accessory building attached directly to the principal building, or connected by any enclosed or roofed struc- ture, shall be considered to be a part of the principal building."

8. Amend Section V.B.2.a. by deleting the present section and replac- ing it with the following:

The minimum yard depth requirements shall not apply in any district to uncovered stairs, small bays or eaves, provided the same to not extend more than five feet into a front or side yard, or ten feet into a rear yard."

9. Amend Section V.B.2.d. by deleting the following phrase : " ... except as provided for accessory buildings in paragraph 3 below."

10. Amend Section V.B.3. by deleting phrase "e".

11. Amend Section VI.B.2 by adding a new subsection as follows: "VI.B.2.f .. No temporary signs related to the election of candidates for public office shall be permitted in any district."

12. Amend Section VI.B.2 by adding a new Subsection as follows: "VI.B. 2.g ... All signs permitted under the provisions of Section V.B. shall be properly maintained at all times."

13. Amend Section VI.B.l. by adding the following sentence to paragraph 2: "For a sign painted on or applied to a building, the area shall be considered to include all lettering, wording and accompanying designs or symbols, together with any backing different in color or material from the finish material of the building face."

14 Amend Section VI.B. (Sign Section) by making the following changes :

a. Add a new subsection as follows: Section VI.B.3.a. (6) ... "No part of any sign permitted in a residential district shall be more than 15 feet above ground level. "

b. Add the following to the last sentence in Section VI.B.3.b. (3) ... "and no part of the sign shall be more than 25 feet above ground level."

c. Add the following to the last sentence in Section VI.B.3.d. (3) : " ... and no part of any such sign shall be more than 25 feet above ground level."

d. Add the following at the end of the first sentence in Section VI.B.3.b. (2): " ... and in no case more than 200 square feet."

e . In Section VI.B.3.c. (2) delete the last sentence and add at the end of the preceding sentence the following words : .and in no case more than 200 square feet."

Add also, same section, the following sentence: "Small individual signs not exceeding two square feet in area, on windows and identifying the occupants therein, shall be excluded from the above limitations."

15. Amend Section II by adding the following two new definitions:

Nonconforming building, structure or lot: A building, structure or lot that does not conform to a dimensional regulation prescribed in this Bylaw for the district in which it is located or to other regu- lations of this Bylaw excepting use regulations, but which building, structure or lot was in existence at the time the regulation became effective and was lawful at the time it was established.

16. Amend Section VII as follows : Delete the present Sections VII A. and B. and replace with the following new subsections A. and B. :

A. Alteration

B. Replacement after Catastrophe

If a building or structure housing a nonconforming use shall have been damaged by fire, explosion or other catastrophe to the extent of 80% of its assessed value, such building or structure shall not be restored unless the Board of Appeals, acting under Section VIII.B.2, finds that such action is re- quired to prevent unnecessary hardship or gross economic loss to the owner, and is not injurious to the district in which it exists. If damaged to a lesser degree, the building may be rebuilt and the nonconforming use restored, provided that in either of the above instances the extent of the non-con- formance shall be in no way increased and that the same use, or a use less nonconforming, shall be restored. An opinion from the Town Assessor shall be requested in determining the extent of the damage.

A quorum was present. A report of the Andover Planning Board was read by James T. Trenholm, Secretary.

ARTICLE 54. To see if the Town will extend a General Industrial Zone to include a tract of land located at the corner of Stevens Street and North Main Street being shown as Lot #9 on"Plan of Property in Andover, Massachusetts as subdivided by M. T. Stevens & Sons Co." dated November, 1952, Clinton F. Goodwin, Engineer, recorded in the North District of Essex Registry of Deeds as Plan No. 2619, said lot also being shown on the Assessors' maps as Lot #25, Map #37, said lot containing 5,530 square feet, more or less, all as shown on said plans, changing the zoning on said tract from Single Residence A to General Industrial IG. The purpose of this change is to permit the use of the building on said tract of land for offices, on petition of Frederick W. Bradley and others.

Article 54 was defeated.

ARTICLE 55. To see if the Town will vote to change from Single Residence C to Apartment District the following parcel of real estate:

Two parcels of land with the buildings thereon located in that portion of Andover known as West Andover, bounded and described as follows :

Easterly : by Interstate Route 93, 2274 feet more

or less;

Westerly: 2040 feet more or less by land now or formerly of Arthur Chambers; and

Northerly : 590 feet more or less by State Route 133,

Being Lot 1 on the Town of Andover Assessors' Map 176 of 1965 and Lot 22 on the Town of Andover Assessors' Map No. 153 of 1965, on petition of Thomas W. Tavenner and others.

Article 55 was defeated.

ARTICLE 56. To see if the Town will vote to change from Single Residence C to Shopping Center District the following parcel of land:

A certain parcel of land in Andover, Essex County, Massachusetts, bounded and described as follows :

Beginning at the point of intersection of the Andover-Tewksbury town line with the southerly side line of Lowell Street and running in a northeasterly direc- tion, N830 32' 10"E 109.81 feet to a county bound; thence still by said Lowell Street N 89º 51' 00"E 736.86 feet to a county bound; thence still by said Lowell Street, in a southeasterly direction by a curved line having a radius of 2000 feet and a length of 152.72 feet to a county bound; thence still by said Lowell Street S 85° 46' 30"E 646.30 feet to a point at land of John D. and Vera M. Mac- Donald, Trustees of 133 Realty Trust; thence by said land of 133 Realty Trust by two courses as follows: S180 04' 42"E 271.68 feet, S 150 13' 34"E 652.58 feet to a bound; thence by said land of said 133 Realty Trust by four courses as follows : N760 30' 30"E 92.56 feet, N81º 37' 50"E 109.91 feet, N81º 24' 10"E 134.28 feet, N81º 46' 40"E 203.71 feet to a bound in the wall at the land now or formerly of Edith W. Leighton; thence by a stone wall along land of said Leighton in eight courses, as follows: S09º 49' 00"E 182.56 feet, S09º 34' 40"E 155.07 feet, S07º 26' 40"E 94.31 feet, S030 07' 30"E 120.47 feet, S04º 25' 20"E 115.98 feet, S64º 16' 20"W 12.27 feet, S24º 14' 10"E 101.66 feet, S24º 33' 10"E 69.24 feet, to a point at the Andover-Tewksbury town line; thence by said Andover- Tewksbury town line N570 09' 09'W 3066.29 feet to the south side of Lowell Street and point of beginning. The above described land contains 31.40 acres, more or less, as calculated from plans dated June 1, 1956 and January 10, 1966, Scale: 1"-100 feet, prepared by Dana F. Perkins and Sons, Inc., Civil Engineers and Sur- veyors, Reading, Massachusetts, on petition of Mortimer A. Seabury, Jr. and others.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

Town annual report of Andover 1963-1969, Part 42

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