Town annual report of Andover 1963-1969, Part 67

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 67

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Amend Section IV B. (Table of Use Regulations) as follows:

Add under Business (between SC and GB) a new column OP.

Change the "use" chart for the paragraphs as follows:

6. Any use which is non-profit educational, religious, or municipal in charac- ter; or any use or facility for conservation of natural resources or for the preservation of historical sites or for park or recreational purposes and held for public use by a private, non-profit organization. Y

8. Philanthropic or charitable institution. SP

13. Trade, professional or other school conducted as a gainful

.... . SP business.

14. Health care office or clinic for examination and treatment of persons as out-patients. .... SP

20. Business, professional or administrative office . .. . SP

31. Agricultural or crop land, including the raising of livestock; provided that the above shall not be construed to permit the operation of piggeries, poultry farms, or establishments raising animals primarily for the sale of their fur. . ... . Y

32. Public transportation station or terminal excluding airports . ... SP

33. Transformer station, substation, pumping station or telephone exchange, provided that in a residential district no public business office nor any storage yard or storage building may be operated in connection therewith SP

34. Removal of soil, loam, sand, or gravel, subject to the pro- visions of Section VI E of this Bylaw .SP

36. Any accessory use, other than those hereinafter specifically mentioned, customarily incidental to a permitted principal use, provided that such accessory use in a residence district shall not be detrimental to the neighborhood in which it is located, by reason of noise, odor, dust, or other nuisance, traffic generation or hazard . ... . Y

40. Tennis or similar court or swimming pool, provided that any permanent swimming pool shall be enclosed by a fence or wall, with safety gate, at least five feet high . ... SP

44. Advertising signs or devices subject to the requirements of Sec. VI B of this Bylaw. . ... SP

45. The parking or keeping of a truck or commercial type vehicle on property used for residential purposes provided that the same, (a) does not exceed 3/4 ton capacity, manufacturer's rating, (b) is used as a means of transport to and from the resident's place of business, (c) is parked or kept in a closed garage, and (d) is not loaded with flammable, noxious or dangerous material. . . . . . Y

46 With dwellings in all districts, the parking or keeping of commercial type vehicles or equipment other than those allowed in Item 45, provided that such parking will not, under the circumstances be detrimental to the neighborhood; and provided further that such use may be permitted subject to conditions deemed necessary to safeguard the neighborhood, including limitations of time, number of vehicles, weight or capacity of vehicles or equipment. . SP

47. The parking or keeping of equipment or vehicles, or the main- tenance of temporary buildings on construction sites for a period not to exceed one year, provided a permit has been issued by the Building Inspector. . .. . . Y

ALL other "uses" covered in paragraphs (Section IV. B) not mentioned above will be "N" (no) in the OP District.

AMEND Section V. A. (Table of Dimensional Requirements) by inserting after Shopping Center District, the Office Park District with reference #10 to be inserted as follows:

I 1 1

Minimum Lot Area

Dimensions Frontage Ft.

YARD DEPTH

Front

Side

Rear

Office Park (10)

43,560

180'

30'

50'

Max. Hgt. & # of Stories Ft. # 40' 3

Max. Coverage

inc. accessory Buildings -%

33-1/3

AMEND Section VI by adding a new Paragraph F. as follows:

1. Plans for the subdivision of the office park shall be subject to Planning Board approval under subdivision control rules and regu- lations covering lot dimensions, roads, drainage, water, sewer, street lighting and other matters where appropriate, such as other utilities.

2. Plans for the development of individual lots within the office park, including those fronting on an existing way shall be subject to the approval of the Board of Appeals. They shall consider plans show- ing the location of buildings, their plans, including elevations, their exterior materials, off street parking facilities, loading and delivery arrangements, driveways, walks, drainage, landscaping and screening and such other information as the Board may reason- ably deem to be required. A copy of these plans shall be submitted to the Planning Board, prior to the hearing thereon, for it to con- sider and report on. The Board of Appeals shall not approve such plans unless --

a ) The Board finds they comply with the applicable provisions of the bylaw.

b) The Board finds the plans insure that the premises will not be unsightly.

c) The plans have been submitted to the Planning Board in accord- ance with the provisions above and the Planning Board has re- ported thereon or two weeks shall have elapsed subsequent to the public hearing. In this case the Board of Appeals may act without consideration of Planning Board comments.

3. Application for approval of plans by the Board of Appeals shall be made under the provisions of Section VIII B. 2. of this Bylaw and no building permit shall be granted until action under the applica- tion has been completed. All plans and information submitted in connection with the application shall become a part of and be filed with the Appeals' Board decision. All subsequent modifications not in accord with such plan shall be subject to the same provisions.

4. The Board of Appeals may approve as an accessory use, the provision of an independent food service concession within a building for in- ternal custom (no external signs) where the desirability of this use is demonstrated.

5. Upon issuance of a Special Permit by the Board of Appeals under the provisions of this section of the Bylaw, all uses listed as acceptable by Special Permit in Section VI shall be deemed permissible uses pro- vided a particular use does not render some approved facility, such

DISTRICT

Squ. Ft.

as parking, inadequate. The Building Inspector may issue a certi- ficate of occupancy in accordance with the foregoing provided the premises otherwise meet the provisions of the Town's laws and regu- lations.

AMEND Section VI. B. 3, by adding a new Par. (3) as follows:

e. Office Park District

(1) One sign, no greater than 8' in height, for the office park for each street upon which the park fronts. This sign shall be no larger than 25 square feet in area except where the property fronts on a high speed limited access highway, in which case, a special excep- tion may be granted for a larger sign for legibility.

(2) Directional signs will be permitted as approved by the Board of Appeals.

(3) Signs for individual properties or tenants shall be limited to a single sign no larger than fifteen (15) square feet per tenant. This area shall be reduced by the Board of Appeals where multiple tenants would cause such signs to be unsightly. Where a sole in- dividual tenant or property owner desires to employ a sign which is integrated with the building the Board of Appeals may grant an ex- ception depending upon the size of the building and the space avail- able.

(4) The Board of Appeals may, subject to the provisions of Paragraph 5 below, grant a special exception for an additional sign on a build- ing facing a limited access, high speed highway, limited to the name of the principal tenant of the building.

(5) In granting special exceptions under the foregoing paragraphs, the Board of Appeals shall take into account the character of the pro- posed sign, its relationship with the building and size of the build- ing, if attached to a building, the subject matter of the sign, the impact of the sign upon the highway and such other factors as it deems appropriate. It shall grant such exceptions only with restraint.

(6) The use of neon or similar gaseous tube signs is prohibited. Fluores- cent illumination may be used only for internal illumination of a lighted sign.

AMEND Section VI. A. by adding a new Paragraph 6. as follows:

6. Office Park District

(a) Parking spaces provided shall contain at least 200 Squ. Ft. which shall be exclusive of areas required for driveways, loading, walks or circulation.

(b) For business, professional, administration, clerical, statis- tical or similar offices, one parking space for occupant parking shall be furnished for each 450 Squ. Ft. of usable floor area. Usable floor area shall be taken as the floor area of the building exclusive of stairways and hallways, maintenance rooms or areas housing heating and ventilating equipment or storage areas accessory to the operation of the building itself. In addition, sufficient visitor or transient parking spaces for each 1,000 square feet of usable floor area or ten spaces, whichever is more.

(c) For medical, dental or health center, one space for each 200 Squ. Ft. of occupancy for occupant parking and four spaces for each doctor or dentist for visitor or transient parking.

(d) For trade, professional or other school, a number of spaces equal to the faculty and administrative staff plus spaces at least equal to two thirds of the student capacity of the school, for occupant parking and at least ten spaces for transient or visitor parking.

AMEND Section VI. C. 1. (Landscaping) so that it reads as follows:

1. In Shopping Center & Office Park Districts - · Landscaping and screening shall be provided and maintained in accordance with planting plans approved by the Planning Board and incorporated as part of the plans on which the special permit of the Board of Ap- peals is based.

Upon motion duly seconded, it was VOTED 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.

Amend Section IV B. (Table of Use Regulations) as follows:

Add under Business (between SC and GB) a new column OP.

Change the "use" chart for the paragraphs as follows:

6. Any use which is non-profit educational, religious, or municipal in character; or any use or facility for conservation of natural resources or for the preservation of historical sites or for park or recreational purposes and held for public use by a private, non-profit organization. . Y

8. Philanthropic or charitable institution. SP

13. Trade, professional or other school conducted as a gainful business. . ... SP

14. Health care office or clinic for examination and treatment of persons as out-patients. . .. . SP

20. Business, professional or administrative office . .. . SP

31 Agricultural or crop land, including the raising of livestock; pro- vided that the above shall not be construed to permit the operation of piggeries, poultry farms, or establishments raising animals primarily for the sale of their fur. .

. Y

32. Public transportation station or terminal excluding airports. . SP

33. Transformer station, substation, pumping station, telephone exchange, tele- phone or radio repeater, or other similar utility installation provided that in any residential district no public business office, storage yard, storage buildings or motor maintenance installation may be operated in connection therewith. . SP

34A. General Removal of Soil, Loam, Sand, Gravel, or Peat, subject to the provisions of Section VI. I. I. .... SP

34B. Soil Removal Incidental to Development and Construction or Miscella- neous Removal of Soil Incidental to Improvements, subject to the pro- visions of Section VI. E. Paragraphs 1.2 and 1.3. . .

. Y

the neighborhood in which it is located, by reason of noise, odor, dust, or other nuisance, traffic generation or hazard. . . . . . Y

40. Tennis or similar court or swimming pool, provided that any permanent swimming pool shall be enclosed by a fence or wall, with safety gate, at least five feet high. . . . . SP

44. Advertising signs or devices subject to the requirements of Sec. VI B of this Bylaw. . SP

45. The parking or keeping of a truck or commercial type vehicle on property used for residential purposes provided that the same, provided that the same, (a) does not exceed 3/4 ton capacity, manufacturer's rating, (b) is used as a means of transport to and from the resident's place of business, (c) is parked or kept in a closed garage, and (d) is not loaded with flammable, noxious, or dangerous material. Y

46. With dwellings in all districts, the parking or keeping of commercial type vehicles or equipment other than those allowed in Item 45, provided that such parking will not, under the cir- cumstances be detrimental to the neighborhood; and provided further that such use may be permitted subject to conditions deemed necessary to safeguard the neighborhood, including limita- tions of time, number of vehicles, weight or capacity of vehicles or equipment. . SP

ALL other "uses" covered in paragraphs (Section IV. B) not mentioned above will be "N" (no) in the OP District.

AMEND Section V. A. (Table of Dimensional Requirements) by insert- ing after Shopping Center District, the Office Park District with reference #10 to be inserted as follows:

DISTRICT

Minimum Lot Area Squ. Ft.

Dimensions Frontage Ft

Yard

Depth

Front

Side

Rear

Office Park (10)

43,560

180'

30'

50'

Max. Hgt. & # of Stories

Ft. #

Max. Coverage inc. accessory Buildings -%

40' 3

33-1/3%

AMEND Section VI by adding a new Paragraph F. as follows:

1. Plans for the subdivision of the office park shall be subject to Planning Board approval under subdivision control rules and regulations covering lot dimensions, roads, drainage, water, sewer, street lighting and other matters where appropriate, such as other utilities.

2. Plans for the development of individual lots within the office park, including those fronting on an existing way shall be sub- ject to the approval of the Board of Appeals. They shall con-

sider plans showing the location of buildings, their plans, includ- ing elevations, their exterior materials, off street parking facili- ties, loading and delivery arrangements, driveways, walks, drainage, landscaping and screening and such other information as the Board may reasonably deem to be required. A copy of these plans shall be submitted to the Planning Board, prior to the hearing thereon, for it to consider and report on. The Board of Appeals shall not approve such plans unless --

a) The Board finds they comply with the applicable provisions of the bylaw.

b) The Board finds the plans insure that the premises will not be unsightly.

c) The plans have been submitted to the Planning Board in ac- cordance with the provisions above and the Planning Board has reported thereon or two weeks shall have elapsed sub- sequent to the public hearing. In this case the Board of Appeals may act without consideration of Planning Board comments.

5. Upon issuance of a Special Permit by the Board of Appeals under the provisions of this section of the Bylaw, all uses listed as accept- able by Special Permit in Section VI shall be deemed permissible uses provided a particular use does not render some approved facili- ty, such as parking, inadequate. The Building Inspector may issue a certificate of occupancy in accordance with the foregoing pro- vided the premises otherwise meet the provisions of the Town's laws and regulations.

AMEND Section VI. B. 3, by adding a new Par. (e) as follows:

e. Office Park District

(1) One sign, no greater than 8' in height, for the office park for each street upon which the park fronts. This sign shall be no larger than 25 square feet in area except where the property fronts on a high speed limited access highway, in which case, a special exception may be granted for a larger sign for legibility.

(2) Directional signs will be permitted as approved by the Board of Appeals.

(3) Signs for individual properties or tenants shall be limited to a single sign no larger than fifteen (15) square feet per tenant. This area shall be reduced by the Board of Appeals where multiple tenants would cause such signs to be unsightly. Where a sole individual tenant or property owner desires to employ a sign which is integrated with the building the Board of Appeals may grant an exception depending upon the size of the building and the space available.

(4) The Board of Appeals may, subject to the provisions of Paragraph 5

below, grant a special exception for an additional sign on a build- ing facing a limited access, high speed highway, limited to the name of the principal tenant of the building.

(5) In granting special exceptions under the foregoing Paragraphs, the Board of Appeals shall take into account the character of the pro- posed sign, its relationship with the building and size of the building, if attached to a building, the subject matter of the sign, the impact of the sign upon the highway and such other factors as it deems appropriate. It shall grant such exceptions only with restraint.

(6) The use of neon or similar gaseous tube signs is prohibited. Fluorescent illumination may be used only for internal illumina- tion of a lighted sign.

AMEND Section VI. A. by adding a new Paragraph 6 as follows:

6. Office Park District

(a) Parking spaces provided shall contain at least 200 Squ. Ft. which shall be exclusive of areas required for driveways, loading, walks and circulation.

(b) For business, professional, administration, clerical, statis- tical or similar offices, one parking space for occupant park- ing shall be furnished for each 450 Squ. Ft. of usable floor area. Usable floor area shall be taken as the floor area of the building exclusive of, stairways and hallways, maintenance rooms or areas housing heating and ventilating equipment or storage areas accessory to the operation of the building it- self. In addition, sufficient visitor or transient parking spaces for each 1,000 square feet of usable floor area or ten Spaces, whichever is more.

(c) For medical, dental or health center, one space for each 200 Squ. Ft. of occupancy for occupant parking and four spaces for each doctor or dentist for visitor or transient parking.

AMEND Section VI. C. 1. (Landscaping) so that it reads as follows:

1. In Shopping Center & Office Park Districts -- Landscaping and screening shall be provided and maintained in accordance with planting plans approved by the Planning Board and incorporated as part of the plans on which the special permit of the Board of Appeals is based.

The Vote -- YES 343, NO 17 -- voted by more than 2/3 as required. A quorum was present. A report of the Andover Planning Board was read by James Trenholm.

ARTICLE 9. To see if the Town will vote to change a certain parcel of land, loca- ted in West Andover from Single Residence C to Office Park District. This said tract of land is shown on the Town Assessors' Map 176, Lot 1, and is bounded and described as follows: southwesterly from state highway Route 93 by Lowell Street 590', south- easterly by land now or formerly Chambers 1160', northeasterly by land now or for- merly Bolten 115', northwesterly by state highway Route 93, 1362' to the point of beginning, said parcel containing 11.29 acres.

Article 9 was withdrawn.

ARTICLE 10. To see if the Town will vote to amend Article II, Section I, of the Laws of the Town of Andover by adopting the following as a by-law of the Town:

Section 1A - A Town meeting shall be held each year on the first Monday of October.

Upon motion duly seconded, it was VOTED to amend Article II, Section I, of the Laws of the Town of Andover by adopting the following as a by-law of the Town:

Section 1A - A Special Town Meeting shall be held each year on the first Monday of October.

The Vote -- YES 319, NO 4 -- voted by more than 2/3 as required. A quorum was present.

At 10:12 P. M., upon motion made by Fredric O'Brien and duly seconded, it was VOTED to terminate the Special Town Meeting and return to action on the remaining articles on the regular warrant.

REGULAR TOWN MEETING WARRANT

ARTICLE 57. To see if the Town will vote to change the Zoning Bylaw by making the following amendment to Section V. A. (Table of Dimensional Requirements) General Business District by deleting the present height requirement and substituting the following therefor:

HEIGHT

STORIES 4

BUSINESS DISTRICT

50'

on the petition of Phidias G. Dantos and others.

Upon motion duly seconded, it was VOTED to change the Zoning Bylaw by making the following amendment to Section V. A. (Table of Dimensional Requirements) General Business District by deleting the present height requirement and substituting the following therefor:

BUSINESS DISTRICT

HEIGHT 50

# STORIES 4

The Vote -- YES 305, NO 37 -- voted by more than 2/3 as required. A report of the Ando- ver Planning Board was read by James Trenholm. A quorum was present.

ARTICLE 58. To see if the Town will vote to change a certain parcel of land in West Andover from Single Residence C to Apartment District.

Said parcel of land is shown on the Town Assessors' Map #193, Lot 2 and is bounded and described as follows:

Starting at a point on the northerly side of High Plain Road and State High- way Route 495 northwesterly on High Plain Road 1507' to a point by land now or formerly Brady, continuing northwesterly by said Brady land 896' to a point by land of said Brady and land now or formerly of Tisbert; thence northeasterly by said Tisbert land 526'' and southeasterly by said Tisbert land 795' to a point; thence turning northeasterly by land of Tisbert 1378' to a point; thence turning and running southeasterly and southwesterly by land now or formerly of Tisbert, Pike and Chmielecki 1367' to Route 495 and southwesterly 653' on Route 495 to the point of beginning, said parcel containing 42.69 acres, on petition of Donald V. Porter and others.

Article 58 was withdrawn.

ARTICLE 59. To see if the Town will vote to change a certain parcel of land, lo- cated in West Andover from Single Residence C to General Business. This said tract of land is shown on the Town Assessors' Map 176, Lot 1 and is bounded and described

as follows: Southwesterly from State Highway Route 93 by Lowell St. 590', South- easterly by land now or formerly Chambers 1160', Northeasterly by land now or for- merly Bolton 115', Northwesterly by State Highway Route 93 1362', to the point of beginning, said parcel containing 11.29 acres, on petition of Donald V. Porter and others.

Article 59 was withdrawn.

ARTICLE 60. To see if the Town will vote to change from Single Residence C to Apartment District the following parcel of real estate:

The land in Andover, Essex County, Massachusetts, shown as Lot B on a plan of land entitled "Plan of Land in Andover, Massachusetts, made for Howard D. Johnson Company" dated September 24, 1963, as revised December 3, 1963, Clinton F. Goodwin, Reg. Land Surveyor, recorded with Essex North District Deeds, Plan #4996, bounded and described as follows:

Beginning at the southwesterly corner of Lot B at State Highway Route 28, thence by the following courses: North 1º 38' 50" East 180.00 feet; North 86º 58' 50"East 182.91 feet; North 5' 30' 35" East 324.69 feet; North 84º 29' 25" West 180.85 feet; North 11º 03' 45" East 117.94 feet; thence by a curved line having a radius of 220.00 feet, a distance of 198.57 feet; thence by the following courses North 620 46' 50" East 242.29 feet; by the same course 46.33 feet; South 82° 10' 20" East 78.13 feet; South 60° 21' East 27.75 feet; North 86º 45' 50" East 155.35 feet; North 85° 31' 20" East 136.82 feet; South 1º 58' East 230.48 feet; South 10º 10' 30" East 138.98 feet; South 1º 23' East 89.50 feet; South 6º 41' 30" West 84.63 feet; South 90 41' East 82.69 feet; South 1º 50' 10" West 237.20 feet; South 7º 10' West 102.84 feet; South 6° 27' 20" East 130.49 feet; South 4º 00' East 156.15 feet; South 0° 16' West 228.00 feet; South 88° 00' West 151.40 feet; North 1º 26' 10" West 318.22 feet; North 32º 35' West 144.34 feet; North 74º 10' West 331.32 feet; North 77º 48' 30" West 156.83 feet; South 86° 58' 50" West 181.49 feet; to the point or place of be- ginning, on petition of Thomas W. Tavenner and others.

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Town annual report of Andover 1963-1969, Part 67

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