HomeMy WebLinkAbout2016-06-06 Board of Selectmen Minutes
BOARD OF SELECTMEN MINUTES June 6, 2016
CALL TO ORDER:
ChairmanTracy Watson called the meeting to order at 7:05 PM at the School
Administration Building Meeting Room. The meeting was recorded.
ATTENDANCE:
The following were present: Chairman Tracy Watson, Clerk Phil DeCologero, Licensing
Commissioner, Richard Vaillancourt, Rosemary Smedile, Donald Stewart, Town Manager Andrew Maylor,
Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. 16 members of the public
were in attendance.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, to approve the Open
Session Minutes of May 23, 2016. Vote approved 5-0.
COMMUNICATIONS AND ANNOUNCEMENTS:
Introduction of New Staff Members
Town Manager, Andrew Maylor, introduced new staff members Donald Belanger (Inspector of Buildings),
Gilbert Winner (Laboratory Director at the Water Treatment Plant) Tiffany Blake (Senior Water Analyst)
and John Borgesi (Town Engineer).
Bond rating upgrade-David Eisenthal, Vice President, UniBank Fiscal Advisory Services, Inc.
David Eisenthal, Vice President of UniBank Fiscal Advisory Services, Inc., briefed the Board on the recent
upgrade of the bond rating from AA+ to AAA.
Annual update from Planning Board
Planning Board Chairman, John Simons, gave the annual update from the Planning Board. A
presentation was included in the packets. Town Manager, Andrew Maylor, indicated that Eric Kfoury and
Ray Santilli will be working on the RFP for a company to coordinate the Master Plan. Typically it will take
12-18 months to complete the Master Plan.
Annual update from Zoning Board of Appeals
Al Manzi, Chairman of the Zoning Board of Appeals, gave the annual update from the Zoning Board.
Selectmen meeting schedule July-December 2016
Included in the packets was the proposed meeting schedule for July-December. The Board agreed to
ththstst
change the August 8 meeting to August 15 and October 31 to November 1.
CONSENT ITEMS:
Vote to sell general obligation bonds of the Town and approve refunding of general obligation bonds
Phil Decologero made a MOTION, seconded by Rosemary Smedile that the Board vote the
following:
That in order to reduce interest costs, the Treasurer is authorized to issue refunding bonds, at one
time or from time to time, pursuant to Chapter 44, Section 21A of the General Laws, or pursuant to
June 1, 2009 maturing in the years 2020 through 2023 (inclusive), 2026 and 2029 in the aggregate
refunding bonds issued pursuant to this vote shall be used to pay the principal, redemption
premium, if any, and interest on the Refunded Bonds and costs of issuance of the refunding
bonds.
Further that the sale of the $8,325,047 General Obligation Municipal Purpose Loan of 2016 Bonds
of
$8,522,313.21 and accrued interest, if any, is hereby approved and confirmed. The Bonds shall be
Board of Selectmen Minutes June 6, 2016 2
payable on January 15 of the years and in the principal amounts and bear interest at the
respective rates, as follows:
Interest Interest
Year Amount Rate Year Amount Rate
2017 $545,047 2.00% 2027 $380,000 2.00%
2018 530,000 2.00 2028 365,000 2.00
2019 530,000 2.00 2029 345,000 2.00
2020 705,000 2.00 2030 235,000 2.00
2021 705,000 2.00 2031 235,000 2.25
2022 530,000 2.00 2032 235,000 2.25
2023 530,000 2.00 2033 235,000 2.25
2024 520,000 2.00 2034 235,000 2.75
2025 515,000 2.00 2035 235,000 2.75
2026 480,000 2.00 2036 235,000 3.00
Further that in connection with the marketing and sale of the Bonds, the preparation and
distribution of a Notice of Sale and Preliminary Official Statement dated May 23, 2016, and a final
approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted.
Further that the Bonds shall be subject to redemption, at the option of the Town, upon such terms
and conditions as are set forth in the Official Statement.
Further to authorize the execution and delivery of a Refunding Escrow Agreement to be dated
June 15, 2016, between the Town and U.S. Bank National Association, as Refunding Escrow
Agent.
Further that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to
execute and deliver a continuing disclosure undertaking in compliance with SEC Rule 15c2-12 in
such form as may be approved by bond counsel to the Town, which undertaking shall be
incorporated by reference in the Bonds for the benefit of the holders of the Bonds from time to
time.
Further that we authorize and direct the Treasurer to establish post issuance federal tax
compliance procedures in such form as the Treasurer and bond counsel deem sufficient, or if
such procedures are currently in place, to review and update said procedures, in order to monitor
and maintain the tax-exempt status of the Bonds.
Further that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be
and hereby are, authorized to take any and all such actions, and execute and deliver such
certificates, receipts or other documents as may be determined by them, or any of them, to be
necessary or convenient to carry into effect the provisions of the foregoing votes.
Vote approved 5-0.
Ratification of Collective Bargaining Agreement between the Town of North Andover and AFSCME
Council 93, Local 2978 Professional Librarians for period July 1, 2016 through June 30, 2019
Included in the packets was the Memorandum of Agreement between the Town and the Professional
Librarians union to be ratified by the Board.
Richard Vaillancourt made a MOTION, seconded by Phil DeCologero that the Board of Selectmen
ratify the collective bargaining agreement between the Town of North Andover and AFSCME
Council 93, Local 2978- Professional Librarians for the period July 1, 2016 through June 30, 2019.
Vote approved 5-0.
Ratification of Collective Bargaining Agreement between the Town of North Andover and NEPBA, Local
102 Communications Officers for period July 1, 2016 through June 30, 2019
Included in the packets was the Memorandum of Agreement between the Town and the Communications
Officers union to be ratified by the Board.
Board of Selectmen Minutes June 6, 2016 3
that
Richard Vaillancourt made a MOTION, seconded by Phil DeCologero, the Board of Selectmen
ratify the collective bargaining agreement between the Town of North Andover and NEPBA Local
102 Communications Officers for the period July 1, 2016 through June 30, 2019. Vote approved 5-
0.
Accept donation from Joseph N. Hermann Youth Center Inc. to Youth & Recreation Services for summer
The Joseph N. Hermann Youth Center Inc. generously donated $11,549.80 to the Youth Center to be
used towards summer programming and four Summer Fun scholarships.
Phil DeCologero made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen
accept the donations from Joseph N. Hermann Youth Center Inc. to Youth & Recreation Services
totaling $11,549.80 to be used towards summer programming and four scholarships to the
Summer Fun Program. Vote approved 5-0.
Fuel Efficient Vehicle Use Policy
Included in the packets was a draft of a Fuel Efficient Vehicle Use Policy. In order to apply for designation
as a Green Community, the Board of Selectmen and the School Committee must adopt a Fuel Efficient
Vehicle Use Policy. The policy will only apply when a new vehicle is purchased. The Town is not required
to replace any of its current vehicles.
Phil DeCologero made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen
adopt the Fuel Efficient Vehicle Use Policy as presented. Vote approved 5-0.
National Grid request to excavate from 595 Boxford Street to Wellington Way for the purpose of installing
new gas mains
Steve Dalback, Gas Supervisor for National Grid, was present to request from the Board permission to
excavate from 595 Boxford Street to a new development at Wellington Way. Mr. Dalback confirmed the
trench would be outside the pavement on the shoulder of the road.
Richard Vaillancourt made a MOTION, seconded by Donald Stewart that the Board of Selectmen
approve the request of National Grid to excavate from 595 Boxford Street to Wellington Way for
the purpose of installing new gas mains, subject to the conditions outlined by the Police
Department and the DPW on May 23, 2016. Vote approved 5-0.
Dissolution of Audit Committee
Included in the packet was a memorandum from Chairman Watson regarding the Audit Committee.
Phil DeCologero made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen
dissolve the Audit Committee established by the Board on September 8, 2008, as amended on
May 23, 2011, and delegate back to the Board of Selectmen the responsibilities of reviewing the
RFPs for the audit firms, selecting the desired firm to conduct the audit and approve the draft
audit prepared by the selected audit firm. Vote approved 5-0.
Vote to adopt the Regional Multi-Hazard Mitigation Plan Update 2016
Included in the packets was a memorandum from Eric Kfoury, Director of Community and Economic
Development, asking the Board to adopt the Regional Multi-Hazard Mitigation Plan Update 2016. By
adopting the Plan, the Town would be eligible to receive FEMA funds for certain programs.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen
adopt the Merrimack Valley Region Multi Hazard Mitigation Plan Update 2016, as presented. Vote
approved 5-0.
LICENSING COMMISSIONERS:
Phil DeCologero made a MOTION, seconded by Rosemary Smedile, to open a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
Requests of Smolak Farms, LLC for All Alcoholic General On Premises Licenses
Smolak Farms is requesting three general on premises licenses for the tent area and pine grove, the
barn area and the farm stand area.
Attorney Kate Connell was present with owner, Michael Smolak.
Board of Selectmen Minutes June 6, 2016 4
The Board raised concerns about the number of events that could happen simultaneously and events
during the week.
Attorney Timothy Schiavone representing the Wiggert Family at 790 Dale Street, stated he believed this
license is not allowed under the zoning bylaws.
Donald Stewart made a MOTION, seconded by Rosemary Smedile to approve the three license
requests of Smolak Farms. After discussion, Mr. Stewart withdrew his motion.
Mr. Smolak withdrew his request for the farm stand area.
Francis Birmingham of 776 Dale Street indicated the noise is still a problem.
Mr. Smolak requested a continuance of the matter.
Donald Stewart made a MOTION, seconded by Rosemary Smedile, to table the matter until the
next meeting on June 20, 2016. Vote approved 5-0.
Request for Change of Manager-
Tracy Watson made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen, acting
ick Oven
Ristorante from Nicholas J. Joseph to Argishti Gukasyan. Vote approved 5-0.
Request of North Andover VFW Post 2104 for one day wine and malt licenses for 4 th of July celebration
on the Common on Sunday, July 3, 2016 from 12pm-10:00pm and Monday July 4, 2016 from 9:00am-
10:00pm and waiver of the fee
Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen,
acting as Licensing Commissioners, approve the request of North Andover VFW Post 2104 for one
th
day wine and malt licenses for 4 of July celebration on the Common on July 3, 2016 from 12pm-
10pm and July 4, 2016 from 9:00am to 10:00pm and waive all fees. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero to close a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
OLD BUSINESS:
None
NEW BUSINESS:
None
PUBLIC COMMENT:
None
Update on Merrimack College pedestrian walkway project
The Town Manager gave an update on the progress of the pedestrian walkway project at Merrimack
College.
Update on Facilities Master Plan
Assistant Town Manager, Ray Santilli, updated the Board of the current project and displayed a
rendering of the new Public Works building.
Ask the Manager
None
May 2016 Monthly Report-Fire Department
Included in the packets was the monthly report from the Fire Department.
May 2016 Monthly Report-Police Department
Included in the packets was the monthly report from the Police Department.
ADJOURNMENT:
Donald Stewart made a MOTION, seconded by Rosemary Smedile to adjourn the meeting at
9:30p.m. Vote approved 5-0.
Board of Selectmen Minutes June 6, 2016 5
Laurie A. Burzlaff
Executive Assistant
_______________________________
Phil DeCologero, Clerk of the Board
Documents used at meeting:
Minutes of May 23, 2016
Planning Board Report
Memorandum-Sale of bonds
Memorandum-Professional Librarians
Memorandum-Communications Officers
Donation from JNHYC, Inc.
Fuel Efficient Vehicle Use Policy
National Grid Request
Memorandum-Audit Committee
Memorandum-Multi Hazard Mitigation Plan
Requests of Smolak Farms
Request of Bertuccis
Request of VFW
Proposed sidewalk plan
Fire Department report
Police Department report
Handout from Attorney Schiavone
TOWN OF NORTH ANDOVER
BOARD OF SELECTMEN
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Tracy M. Watson, Chairman
TEL. (978) 688-9510
Phil DeCologero, Clerk
FAX (978) 688-9556
Rosemary Connelly Smedile
Donald B. Stewart
Richard M. Vaillancourt
BOARD OF SELECTMEN & LICENSING COMMISSIONERS
AGENDA
MONDAY, JUNE 6, 2016
7:00 PM OPEN SESSION
SCHOOL ADMINISTRATION BUILDING
566 Main Street
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF MINUTES
A. May 23, 2016 Open Session Minutes, as written
IV. COMMUNICATIONS AND ANNOUNCEMENTS
A. Introduction of new staff members
1. Tiffany Blake-Senior Water Analyst, Water Treatment Plant
2. Gilbert Winner-Laboratory Director, Water Treatment Plant
3. John Borgesi-Town Engineer
4. Donald Belanger- Inspector of Buildings
B. Bond rating upgrade-David Eisenthal, Vice President, UniBank Fiscal Advisory Services, Inc.
C. Annual update from Planning Board
D. Annual update from Zoning Board of Appeals
E. Selectmen meeting schedule July-December 2016
V. CONSENT ITEMS
A. Vote to sell general obligation bonds of the Town and approve refunding of general obligation bonds
B. Ratification of Collective Bargaining Agreement between the Town of North Andover and AFSCME
Council 93, Local 2978 Professional Librarians for period July 1, 2016 through June 30, 2019
C. Ratification of Collective Bargaining Agreement between the Town of North Andover and NEPBA,
Local 102 Communications Officers for period July 1, 2016 through June 30, 2019
D. Accept donation from Joseph N. Hermann Youth Center Inc. to Youth & Recreation Services for
E. Fuel Efficient Vehicle Use Policy
F. National Grid request to excavate from 595 Boxford Street to Wellington Way for the purpose of
installing new gas mains
G. Dissolution of Audit Committee
H. Vote to adopt the Regional Multi-Hazard Mitigation Plan Update 2016
VI. LICENSING COMMISSIONERS
A. Requests of Smolak Farms, LLC for All Alcoholic General On Premises Licenses
1. Tent Area and Pine Grove
2. Barn Area
3. Farm Stand Area
B. Request for Change of Manager-
C. Request of North Andover VFW Post 2104 for one day wine and malt licenses for 4 th of July
celebration on the Common on Sunday, July 3, 2016 from 12pm-10:00pm and Monday July 4, 2016
from 9:00am-10:00pm and waiver of the fee
VII. OLD BUSINESS
VIII. NEW BUSINESS
IX. PUBLIC COMMENT
X.
A. Update on Merrimack College pedestrian walkway project
B. Update on Facilities Master Plan
C.
D. May 2016 Monthly Report-Fire Department
E. May 2016 Monthly Report-Police Department
XI. NEXT MEETING DATE
Monday, June 20, 2016
XII. ADJOURNMENT
VOTE OF THE BOARD OF SELECTMEN
I, the Clerk of the Board of Selectmen of the Town of North Andover, Massachusetts (the
of the board were duly notified and at which a quorum was present, the following votes were
unanimously passed, all of which appear upon the official record of the board in my custody:
Voted: That in order to reduce interest costs, the Treasurer is authorized to issue
refunding bonds, at one time or from time to time, pursuant to Chapter 44, Section 21A
$8,072,134 General Obligation Bonds dated June 1, 2009 maturing in the years 2020
through 2023 (inclusive), 2026 and 2029 in the aggregate principal amount of $1,615,000
pursuant to this vote shall be used to pay the principal, redemption premium, if any, and
interest on the Refunded Bonds and costs of issuance of the refunding bonds.
Further Voted: that the sale of the $8,325,047 General Obligation Municipal
W. Baird & Co., Inc. at the price of $8,522,313.21 and accrued interest, if any, is hereby
approved and confirmed. The Bonds shall be payable on January 15 of the years and in
the principal amounts and bear interest at the respective rates, as follows:
Interest Interest
Year Amount Rate Year Amount Rate
2017 $545,047 2.00% 2027 $380,000 2.00%
2018 530,000 2.00 2028 365,000 2.00
2019 530,000 2.00 2029 345,000 2.00
2020 705,000 2.00 2030 235,000 2.00
2021 705,000 2.00 2031 235,000 2.25
2022 530,000 2.00 2032 235,000 2.25
2023 530,000 2.00 2033 235,000 2.25
2024 520,000 2.00 2034 235,000 2.75
2025 515,000 2.00 2035 235,000 2.75
2026 480,000 2.00 2036 235,000 3.00
Further Voted: that in connection with the marketing and sale of the Bonds, the
preparation and distribution of a Notice of Sale and Preliminary Official Statement dated
hereby are ratified, confirmed, approved and adopted.
Further Voted: that the Bonds shall be subject to redemption, at the option of the
Town, upon such terms and conditions as are set forth in the Official Statement.
Further Voted: to authorize the execution and delivery of a Refunding Escrow
Agreement to be dated June 15, 2016, between the Town and U.S. Bank National
Association, as Refunding Escrow Agent.
Further Voted: that the Town Treasurer and the Board of Selectmen be, and
hereby are, authorized to execute and deliver a continuing disclosure undertaking in
compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to
the Town, which undertaking shall be incorporated by reference in the Bonds for the
benefit of the holders of the Bonds from time to time.
Further Voted: that we authorize and direct the Treasurer to establish post
issuance federal tax compliance procedures in such form as the Treasurer and bond
counsel deem sufficient, or if such procedures are currently in place, to review and update
said procedures, in order to monitor and maintain the tax-exempt status of the Bonds.
Further Voted: that each member of the Board of Selectmen, the Town Clerk and
the Town Treasurer be and hereby are, authorized to take any and all such actions, and
execute and deliver such certificates, receipts or other documents as may be determined
by them, or any of them, to be necessary or convenient to carry into effect the provisions
of the foregoing votes.
I further certify that the votes were taken at a meeting open to the public, that no vote was
taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting
(which agenda included the adoption of the above votes) was filed with the Town Clerk and a
copy thereof posted in a manner conspicuously visible to the public at all hours in or on the
municipal building that the office of the Town Clerk is located or, if applicable, in accordance
with an alternative method of notice prescribed or approved by the Attorney General as set forth
in 940 CMR 29.03(2)(b), at least 48 hours, not including Saturdays, Sundays and legal holidays,
prior to the time of the meeting and remained so posted at the time of the meeting, that no
deliberations or decision in connection with the sale of the Bonds were taken in executive
session, all in accordance with G.L. c.30A, §§18-25, as amended.
Dated: June 6, 2016 _____________________________________
Clerk of the Board of Selectmen
AM 58004940.1
2
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N
N
N
N
N
N
N
N
N
N
N
N
N
Y
N
N
RRcreatknArea
SP
SP
SP SP
SP
SP
SP
SP SP SPI
SP
SP
N
y
Y
SP SP
SP
N
y
Resegrrh & Domiopmeni Facilwas
N
N
N
N
SPI
N
N
Y
Y
Y'
Y
N
N
N
y
y
y
y
y
N
ReudEstab&hmenit
N
N
N
NO
SP
Y
Y
Y
NO
Yl
YA
SPA
Y
y
Y
NO
N*
NO,
N*
yj
Retail libm
NO
N
Rooming Home,
Y&
YO
YO,
YO
Y#
N
N
N
N
N
N
Y*
N
N
N
N
N
N
N
N
Tia Depot
N
N
N
N
N
N
Y
Y
N
Y
Y
N
N
N
N
N
N
N
N
N
TawnHouse
N
N
N
Y
Y
N
SP
N
N
N
N
N
N
N
N
N
N
N
N
N
Two Fmilylkireffmg
N
SPO
Y
Y
Y
Y
N
N
N
N
N
SPA
N
11
N
N
N
N
N
N
Vekxhmy Herphal & Kennel
N
N
N
N
N
N
N
N
N
N
N
N
N
N
Y
N
Y
N
N
N
Warebousing & Wbalwaling
N
N
N
N
N
N
N
N
N
Y
Y
N
N
N
Y
NO
Y
NO
Y
N
Windalm
N
N
M.- awwavie, wilt a Speciai Pennit only.
Now. This ,'hart is for summaay bdurruation purposes only and is not a substitute for the detailed District