Town annual report of Andover 1963-1969, Part 66

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 66

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Article 43 was withdrawn.

ARTICLE 44. To see if the Town will vote to raise by taxation and appropriate the sum of $5,000.00 for highway improvements on Rattlesnake Hill Road and to authorize the Board of Selectmen to acquire all necessary easements therefor by gift, by pur- chase, or by seizure by right of eminent domain over portions of lots #1B, 1C and 1D on Town Assessors' Map #82, supposed to be owned by Charles C. and Anna R. Liang, John S. Tumblin, Trustee of Custom Homes Realty Trust and Doris A. Bacon, on petition of Arthur W. Smith and others.

Article 44 was defeated.

ARTICLE 45. To see if the Town will vote to raise and appropriate by transfer from available funds the sum of $3,500 to the Conservation Fund, on petition of the Conservation Commission.

Upon motion duly seconded, it was VOTED to accept Article 45 as printed in the Finance Committee report in the sum of $3,500 from available funds.

ARTICLE 46. To see what disposition shall be made of unexpended appropriations and Free Cash in the Treasury.

Article 46 was moved and seconded.

At this point, Fredric O'Brien moved that the meeting be adjourned until Monday evening, March 18, 1968 in the Memorial Auditorium at 7:30 o'clock P. M. This motion was duly seconded and the meeting was adjourned at 11:00 o'clock P. M.

ADJOURNED TOWN MEETING MARCH 18, 1968

The check lists were used at entrance and showed 423 voters admitted to the meet- ing.

The meeting was called to order by Arthur Williams, Moderator, at 7:55 P. M.

Unanimous consent was voted to admit one non-voter.

ARTICLE 46. To see what disposition shall be made of unexpended appropriations and Free Cash in the Treasury.

Upon motion duly seconded, it was VOTED that the unexpended balances be lapsed and transferred to Surplus Revenue, as follows:

Article 13 1963

$730.93

Article 13 1964

878.00

37.97 Article 11 1965

Article 1 1966

7,500.00

Article 9 1966

498.20

Article 1B 1967

4,933.57

ARTICLE 47. To see what amount the Town will vote to permit the Assessors to use in Free Cash to reduce the 1968 tax rate and to offset appropriations voted at the 1968 Town Meeting.

Upon motion duly seconded, it was VOTED to permit the Assessors to use $843,310.00 in Free Cash to reduce the 1968 tax rate and to offset appropriations voted at the 1968 Town Meeting.

ARTICLE 48. To see if the Town will vote to amend the vote taken under Article 10 of the adjourned Annual Town Meeting held on Saturday, March 11, 1967, by adding to the parcels of land authorized for acquisition for Conservation purposes under G. L. c.40, s.8C the following land:

7. All or part of the land consisting of Lot #9 of Assessors' Map 172, and Lot #1A of Assessors' Map 194, supposed to be owned by L. John Davidson, located on the southerly side of Route 495, containing approximately 60 acres;

and by authorizing the Selectmen to acquire the fee in said land or any part thereof by purchase or by right of eminent domain, on petition of the Conservation Commis- sion.

Upon motion duly seconded, it was VOTED to amend the vote taken under Article 10 of the Adjourned Annual Town Meeting held on Saturday, March 11, 1967, by adding to

the parcels of land authorized for acquisition for Conservation purposes under G. L. c.40, s.8c, the following land:

and further to authorize the Town to acquire the fee in said land or any part there- of by purchase. Planning Board report on file with the Town Clerk. A quorum was present.

ARTICLE 49. To see if the Town will vote to amend the vote taken under Article 10 of the Adjourned Annual Town Meeting held on Saturday, March 11, 1967, by adding to the parcels of land authorized for acquisition for Conservation purposes under G. L. c.40, s. 8C the following land:

8. A certain parcel of land being the southwesterly portion of Lot No. 2 of Assessors' Map 168, supposed to be owned by Garabed Garabedian and Margaret Mooradian and being shown as Lot "F" on Plan of Land entitled "Plan of Land in Andover, Mass., Scale 1"=100', dated January 12, 1968, Dana F. Perkins & Sons, Inc., Civil Engineers and Surveyors, Reading, Mass.", containing approximately 34.1 acres, together with a right of way over the adjoining parcel "E" on said plan belonging to said Garabedian and Mooradian for purposes of providing access to Chandler Road.

on petition of the Conservation Commission.

Upon motion duly seconded, it was VOTED to accept Article 49 as printed. The VOTE-YES 326, NO-12 -- voted by more than 2/3 as required. Planning Board Report on file with the Town Clerk. A quorum was present.

ARTICLE 50. To see if the Town will vote to thank Mr. Frank J. Catalano for his generous gift to the Town of approximately 25 acres of land on the southerly side of Central Street along the easterly side of the Shawsheen River, to be held and used by the Town for conservation purposes, on petition of the Conservation Commis- sion.

Upon motion duly seconded, it was VOTED to accept Article 50 as printed in the warrant.

ARTICLE 51. To see if the Town will vote to amend the vote taken under Article 10 of the Adjourned Annual Town Meeting held on Saturday, March 11, 1967, by author- izing the Selectmen to take by right of eminent domain for Conservation purposes un- der G. L. c.40, s.8C, the fee in all or any part of parcel No. 5 listed in said Ar- ticle 10, said parcel being described as follows:

Lot No. 81 of Assessors' Map 52, supposed to be owned by N. J. Brox Realty Co., Inc., between Lowell Street and Hussey's Brook and containing approxi- mately 8.18 acres,

on petition of the Conservation Commission.

Upon motion duly seconded, it was VOTED to accept Article 51 as printed in the warrant. The VOTE-YES 280, NO 70 -- voted by more than 2/3 as required. Planning Board report on file with the Town Clerk. A quorum was present.

ARTICLE 52. To see if the Town will vote to authorize Salvatore J. DeSalvo and Elaine E. DeSalvo to use the easement on land adjoining their land on Upland Road as shown on a plan entitled "Ivanhoe Lane" dated August 15, 1966 drawn by Clinton F. Goodwin, the Town easements having been acquired from the Commonwealth in the re- location of Rogers Brook. The purpose of this authorization is to provide for in- stalling a sewer and utilities to connect at Chestnut Street, on petition of Roger R . Dufresne and others.

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Upon motion duly seconded, it was VOTED unanimously to accept Article 52 as printed. Planning Board report on file with the Town Clerk.

ARTICLE 53. To see if the Town will vote to amend Article VIII, (Zoning Bylaw) , Section IV. B. (Table of Use Regulations) by deleting the present Paragraph 33 and substituting the following new Par. 33:

Transformer station, substation, pumping station, telephone exchange, telephone or radio repeater, or other allied utility installation pro- vided that in any residential district no public business office, stor- age yard, storage building or motor maintenance installation may be operated in connection therewith.

Upon motion duly seconded, it was VOTED unanimously that the Town amend Article VIII, (Zoning Bylaw), Section IV.B. (Table of Use Regulations) by deleting the present Paragraph 33 and substituting the following new Par. 33:

Transformer station, substation, pumping station, telephone exchange, telephone or radio repeater, or other similar utility installation pro- vided that in any residential district no public business office, stor- age yard, storage buildings or motor maintenance installation may be operated in connection therewith.

ARTICLE 54. To see if the Town will vote to amend Article VIII, (Zoning Bylaw) , Section VIII.C. by adding the following paragraph:

The owner of land proposed for changed use by means of an amendment to the Town Bylaw may, with Planning Board approval record a covenant run- ning with the land which places greater restrictions than embodied in the bylaw, upon all or a portion of the proposed use zone to be effective only if the Town Meeting action on the proposed amendment is affirmative. The Town Clerk shall certify to the Registrar of Deeds as to whether the action of the Town Meeting was affirmative or negative.

Upon motion duly seconded, it was VOTED unanimously that the Town vote to amend Article VIII, (Zoning Bylaw), Section VIII.C. by adding the following paragraph:

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

ARTICLE 55. To see if the Town will vote to amend the Zoning Bylaw by changing the Table of Uses, Section IV, Paragraph 26 so that the "Y" in the General Business District and the General Industrial District will read "SP" (Special Permit) and by adding the following words to the description of Paragraph 26 (after the word "build- ing"): "and subject to the limitations in Section V. B. 9."

Upon motion duly seconded, it was VOTED unanimously that the Town amend the Zoning Bylaw by changing the Table of Uses, Section IV, Paragraph 26 so that the "Y" in the General Business District and the General Industrial District will read "SP" ( Spec- ial Permit) and by adding the following words to the description of Paragraph 26 (after the word "building") : "and subject to the limitations in Section V. B. 9.". A report of the Andover Planning Board was read by James Trenholm, Secretary. A quorum was present.

ARTICLE 56. To see if the Town will vote to delete the present Paragraph E. (Removal of Material) from Article VIII (Zoning Bylaw), Section VI in its entirety and substitute the following new Paragraph E. therefor:

SECTION VI. OTHER REQUIREMENTS

E. Removal of Material

1. No person shall remove any soil, loam, sand, or gravel in excess of ten cubic yards from any land not in public use, in any part of the Town, without com- plying with one of the following procedures:

1.1 General Permit

a. For general removal (sand pit) operations, a written permit must be obtained therefore, from the Board of Selectmen after a public hear- ing, at which time all interested persons shall be given an oppor- tunity to be heard. At least fourteen (14) days notice of the time and place of such hearing shall, at the expense of the applicant for a permit, be published in a newspaper of general circulation in the Town.

b. Before granting any such permit, the Board of Selectmen shall give due consideration to the location of the place from which it is proposed to remove soil, loam, sand or gravel, to the general char- acter of the neighborhood surrounding such location and to the effect of the proposed removal on such neighborhood, to the amount of noise, dust and vibration likely to result from the proposed removal, to the extent, depth and contour of the location and surrounding neighbor- hood from which such removal is proposed, to the general safety of the public on the public ways giving access to and in the immediate vicinity of such location and to the use to which such location has been put prior to the application for a permit. A determination shall be made as to the existence of any other gravel pit in the close vicinity of the proposed location, the existence of which shall normally be considered an inhibiting factor in granting the proposed permit. No permit granted by the Board of Selectmen shall be valid for a period in excess of three years from its date of issue.

c. As a part and set forth in such permit shall be the restriction for- bidding excavation to a depth greater than three feet below the grade of an adjacent street or road which would normally serve the property. In addition, the Selectmen shall impose and set forth in the permit such other restrictions and conditions as they deem reasonable and in the public interest, including but not limited to the following:

1. the duration of time during which the permit may be exercised;

2. the extent, depth and contour of the area of removal;

3. the grade of the slope of the banks of the area of removal;

4. the proximity of such removal to any public way;

5. the hours of the day during which such removal may be permitted;

6. the hours of the day during which vehicles may be loaded with soil, loam, sand and gravel and during which such loaded vehicles may be permitted to leave such location;

7. the use of covers over the soil, loam, sand or gravel loaded in vehicles for removal from the area;

8. the shoring and reinforcement of the banks of any exca- vation; and,

9. the placement of topsoil and the replanting of the area of removal and screening the same from public view.

d. In the renewal of any permit upon its expiration, the Board of Select- men shall give full consideration to the manner in which the permit holder has lived up to his contractural relations with the Town and under no circumstances shall renewal be granted where there has been a history of repeated failure to live up to restrictions and require- ments of the previous permit.

1.2 Soil Removal Incidental to Development & Construction

a. Where soil is to be removed in connection with the preparation of a subdivision, soil, loam, sand or gravel may be removed solely from the road areas down to grades indicated on the subdivision plan only after the approval of said plan by the Planning Board and issuance of a "utility inspection card" by the Planning Department.

b. Where soil is to be removed in connection with the preparation of a specific site for building, sand and gravel may be removed only after the issuance of a building permit by the Building Inspector solely from the building area and to a grade as specified for the building in the building permit. No loam, whatsoever, may be removed from the building site, but must be retained on the premises for regrading subsequent to completion of building. The use of covers on vehicles over the material being removed is mandatory.

1.3 Miscellaneous Removal of Soil (Small Quantities)

Where the removal of quantities of soil in excess of ten cubic yards but less than one hundred is proposed, the Town Engineer and the Build- ing Inspector may issue a Miscellaneous Soil Removal Permit which shall show the approximate quantity of soil to be removed and the purpose of the removal. No more than a single Miscellaneous Soil Removal Permit may be issued for a single property. The use of covers on trucks over the material being removed is mandatory.

Upon motion duly seconded, it was VOTED unanimously to delete the present Para- graph E. (Removal of Materials) from Article VIII (Zoning Bylaw), Section VI in its entirety and substitute the following new Paragraph E. therefor:

SECTION VI. OTHER REQUIREMENTS

E. Removal of Material

1. No person shall remove any soil, except from land in public use, for purposes not in conformity with the intent and purpose of this bylaw. The removal of soil, loam, sand, peat or gravel shall be in accordance with one of the follow- ing procedures:

1.1 General Permit

a. For general removal (sand pit) operations, a written permit must be ob- tained therefor, from the Board of Selectmen, after a public hearing at which time all interested persons shall be given an opportunity to be heard. At least fourteen (14) days notice of the time and place of such hearing shall, at the expense of the applicant for a permit, be published in a newspaper of general circulation in the Town.

b. Before granting any such permit the Board of Selectmen shall give due con- sideration to the location of the place from which it is proposed to re- move soil, loam, sand, peat, or gravel, to the general character of the neighborhood surrounding such location and to the effect of the proposed removal on such neighborhood, to the amount of noise, dust, and vibration likely to result from the proposed removal, to the extent, depth and con-

tour of the location and surrounding neighborhood from which such removal is proposed, to the general safety of the public on the public ways giving access to and in the immediate vicinity of such location and to the use to which such location has been put prior to the application for a permit. A determination shall be made as to the existence of any other gravel pit in the close vicinity of the proposed location, the existence of which shall normally be considered an inhibiting factor in granting the proposed per- mit. No permit granted by the Board of Selectmen shall be valid for a period in excess of three years from its date of issue.

c. As part of and set forth in such permit shall be the restriction, forbid- ding excavation to a depth below the mean grade of an adjacent serving street, in the immediate vicinity of the street. No excavation shall be such as to alter the direction of a watercourse or to cause surface water to gather as in a sump or swale. In addition, the Selectmen shall impose and set forth in the permit such other restrictions and conditions as they deem reasonable and in the public interest, including but not limited to the following :

1. the duration of time during which the permit may be exercised;

2. the extent, depth and contour of the area of removal;

3. the grade of the slope of the banks of the area of removal;

4. the proximity of such operations to any public way;

5. the hours of the day during which such operations may be permitted;

6. the hours of the day during which vehicles may be loaded with soil, loam, sand, peat, and gravel and during which such loaded vehicles may be permitted to leave such location.

7. the use of covers over the soil, loam, sand, peat, or gravel loaded in vehicles for removal from the area.

8. the shoring and reinforcement of the banks of any excavation; and

9. the placement of top soil and the replanting of the area of removal and screening the same from public view

d. In the renewal of any permit upon its expiration, the Board of Selectmen shall give full consideration to the manner in which the permit holder has lived up to his contractural relations with the Town and under no circumstances shall renewal be granted where there has been a history of repeated failure to live up to restrictions and requirements of the pre- vious permit.

1.2 Soil Removal Incidental to Development and Construction

a. Where soil is to be removed in connection with the preparation of a sub- division, the soil, loam, sand, peat, or gravel may, under normal circum- stances, be removed solely from the road down to the grades indicated on the subdivision plan only after the approval of said plan by the Planning Board and the issuance of a "utility inspection card" by the Planning De- partment. Where special circumstances exist requiring regrading of other than the road areas, the developer shall, with the approval of the Plan- ning Board file a topographic plan showing the proposed initial and final contours of the area involved. In these circumstances sufficient loam must be retained on the subdivision for regrading to a minimum depth of six inches over the exposed subsoil.

b. Where soil is to be removed in connection with the preparation of a specific site for building, removal may take place only after the issuance of a building permit by the Building Inspector. Removal will normally be

only from the area for the building, the driveways, from parking areas, and from areas where removal is specifically required by the Board of Health in connection with disposal systems. Where special circumstances exist requiring general regrading, removal of peat, etc., the builder may file a rough plan and request for additional soil removal with the Building Inspector as provided in par. 1.3 below. In all cases suffi- cient loam shall be retained on the premises for regrading to a minimum depth of six inches over the subsoil.

1.3 Miscellaneous Removal of Soil Incidental to Improvements

Removal of miscellaneous amounts of soil not covered under the provisions of paragraphs 1.1 or 1.2 above is permitted provided the removal is concomitant with the improvement of the property from which removal takes place and pro- vided the removal is in accord with the expressed intent and purpose of the provisions of this bylaw. Removal of aggregate quantities of less than fifty (50) cubic yards from any one general site requires no formal permit. Where the removal of soil in quantities in excess of fifty (50) cubic yards but less than five hundred (500) cubic yards, is desired, application must be made to the Building Inspector for a Miscellaneous Soil Removal Permit. If appropriate, the Building Inspector, with the concurrence of the Town Engin- eer, may issue the permit. The permit, if issued, shall indicate the approxi- mate quantity of soil to be removed, the purpose of removal and the location of the site of removal. The permit shall also specify that upon completion of excavation, exposed subsoil shall be graded and covered with loam to a minimum depth of six inches and that failure to do so shall be deemed a vio- lation of the bylaw. Where special circumstances exist which indicate the removal of soil in excess of five hundred (500) cubic yards, but for which a general permit under paragraph 1.1 above is not appropriate, a permit for a larger amount, up to two thousand (2,000) cubic yards may be issued pro- vided that it additionally has the approval of and bears the signature of the Chairman of the Board of Selectmen or his designated representative. Except where the removal under this paragraph 1.3 is done in connection with the formation or enlargement of a pond, excavation shall not be permitted below the mean grade of the street or road serving the property. Where the excavation is in the immediate vicinity of the street and in any case shall not be such as to change the direction of flow of a watercourse or to cause surface water to gather as in a sump or swale. Pits for burying large rocks, stumps, or other large objects shall immediately be back-filled for safety reasons. Planning Board report was read by Mrs. James Keck. .. A quorum was present.

Upon motion made by Fredric O'Brien and duly seconded, it was VOTED to adjourn the regular Town Meeting temporarily at 9:45 P. M. and start action on the Special Town Meeting.

ADJOURNED SPECIAL TOWN MEETING

MARCH 18, 1968

ARTICLE 7. To see if the Town will vote to amend the Zoning Bylaw as follows:

Amend Article VIII (Zoning Bylaw), Section IV. Par. 34 by deleting same and substituting the following:

Par. 34A -- General Removal of Soil, Loam, Sand, Gravel, or Peat, subject to the provisions of Section VI.1.1.

SP under all Districts

Par. 34B -- Soil Removal Incidental to Development and Construction or Miscellaneous Removal of Soil Incidental to Improvements, subject to the provisions of Section VI.E. Paragraphs 1.2 and 1.3.

Y under all Districts

Amend Article VIII, Section II (Definitions) by adding the following new definition:

Removal -- The term removal in the context of soil removal shall mean the carrying away of soil, loam, sand, peat, or gravel from the immediate premises; from the subdivision, if opera- ting under a subdivision plan; from the individual lot or group of adjacent lots in common ownership on which a builder or developer is working.

Upon motion duly seconded, it was VOTED unanimously to amend the Zoning Bylaw as follows:

Amend Article VIII (Zoning Bylaw), Section IV. Par. 34 by deleting same and substituting the following:

Par. 34A -- General Removal of Soil, Loam, Sand, Gravel, or Peat, sub- ject to the provisions of Section VI.1.1.

S P under all Districts

Par. 34B -- Soil Removal Incidental to Development and Construction or Miscellaneous Removal of Soil Incidental to Improvements, subject to the provisions of Section VI. E. Paragraphs 1.2 and 1.3.

Y under all Districts

Amend Article VIII, Section II (Definitions) by adding the following new definition:

Removal -- The term removal in the context of soil removal shall mean the carrying away of soil, loam, sand, peat, or gravel from the immediate premises; from the subdivision, if operating under a subdivision plan; from the individual lot or group of adjacent lots in common ownership on which a builder or developer is working.

Report of the Andover Planning Board was read by James Trenholm, Secretary. A

quorum was present.

ARTICLE 8. To see if the Town will vote to amend the Zoning Bylaw (Article VIII) as follows:

Amend Section III A. 2 by adding a new District (Office Park) with the letter OP.

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Town annual report of Andover 1963-1969, Part 66

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