HomeMy WebLinkAboutNORTH ANDOVER TOWN CODE-OFFICIAL BYLAWS AS OF MARCH 2007-JAB GENERAL BYLAWS
OF THE
TOWN OF NORTH ANDOVER
(ADOPTED APRIL 23, 1979, AS AMENDED)
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SPECIAL NOTES
All references in chapter histories to the General Bylaws are in relation to the compilation
of bylaws of the Town of North Andover adopted 4-23-79 Annual Town Meeting, Article
13.
This compilation represents the official version of the Town of North Andover General
Bylaws, except that the following Table of Contents is unofficial, and the reader is advised
to thoroughly review the individual Chapters and Sections contained herein)
(This Revision Updates all Town Meeting Actions To Date)
Ill
TABLE OF CONTENTS
DIVISION 1 -- TOWN MEETINGS --ENACTMENTS
PART I--ADMINISTRATIVE LEGISLATION
CHAPTER 1 -- GENERAL
PROVISIONS.......................................................3
1-1. Adoption date.
1-2. Repealer.
1-3. Amendments.
1-4. Severability.
1-5. Violations and penalties.
1-6. Noncriminal disposition of violations.
CHAPTER 3 -- ACCOUNTANT, TOWN........................................................5
3-1. Duties.
CHAPTER 7 -- CIVIC HOLIDAY CELEBRATION
COMMITTEE.........................6
7-1. Annual appointment; membership.
7-2. Responsibility.
CHAPTER 8 — COMMUNITY PRESERVATION COMMITTEE............................7
8-1. Establishment.
8-2. Duties.
8-3. Requirement for a quorum and cost estimates.
8-4. Amendments.
8-5. Severability.
CHAPTER 11 -- COUNCIL ON THE
AGING...................................................9
11-1. Establishment.
11-2. Duties and responsibilities.
CHAPTER 13 -- COUNSEL, TOWN............................................................10
13-1. Appointment; Compensation; Vacancies.
[2]
13-2. Duties and Responsibilities.
CHAPTER 17 —FINANCE........................................................................11
17-1. Financial Year.
17-2. Warrant for Payments.
17-3. Promissory Notes.
17-4. Financial Reports.
17-5. Deposit of Receipts.
17-6. Surety Bond Retirement.
17-7. Conflict of Interest.
17-8. Water/Sewer Bills.
17-9. Revenue/Fixed Costs Review Committee
CHAPTER 20 — GAS
INSPECTOR..............................................................14
20-1. Fee Schedule to be Fixed.
CHAPTER 22 -- GREATER LAWRENCE SANITARY DISTRICT
REPRESENTATIVE............................................................................1
5
22-1. Authority to Appoint Certain Members.
CHAPTER 28 -- HOUSING TRUST FUND...................................................16
28-1. Establishment; administration.
28-2 Expenditures
CHAPTER 41 —PERSONNEL...................................................................18
[On file in the office of the Town Clerk.]
CHAPTER 44 -- PUBLIC MEETINGS.........................................................19
44-1 Televising of Land Use Board Meetings.
44-1 Televising of Land Use Board Meetings
CHAPTER 48 -- SEAL, OFFICIAL.............................................................20
48-1 Description.
CHAPTER 54 -- TAX COLLECTOR...........................................................21
[3]
54-1 - Duties of Tax Collector.
CHAPTER 59 -- TOWN MEETINGS...........................................................22
59-1 Adjournment
59-2 Quorum
59-3 Reconsideration Vote
59-4 Secret Ballots
59-5 Information Required for Consideration of Articles
59-6 Annual Town Meeting
59-7 Votes to be Declared By the Moderator
CHAPTER 61 -- TOWN PROPERTY, SALE OF.............................................24
61-1 Authority
PART II--GENERAL LEGISLATION
CHAPTER 69 —ALARM SYSTEMS............................................................26
ARTICLE I -- Fire Detection and Alarm Systems.....................................26
69-1 Purpose and Scope
69-2 Alarm Installation and Permit Requirements
69-3 Alarm Disconnection and Alteration Notice
69-4 Automatic Shut Off Requirement
69-5 Alarm System Regulations and Maintenance
69-6 Alarm Tests
69-7 False Alarm Assessment
69-7.1 Connection Fees
69-7.2 Violations
69-7.3 Appeals
69-7.4 Fees, Fines and Assessments
69-8 Forcible Entry of Unoccupied Premises
69-8.1 Secured Key Access
ARTICLE II -- Burglar Alarm Systems.................................................33
69-9 Definitions; Word Usage
69-10 Automatic Dialing Devices
69-11 Direct Connections to Police Department
69-12 Miscellaneous Requirements
[4]
69-13 False Alarms
69-14 Violations and Penalties
69-15 Severability
CHAPTER 70 —AUTOMATIC AMUSEMENT DEVICES, LICENSING OF ...........40
CHAPTER 73 -- BEAVER BYLAW—PROTECTION FROM DAMAGE DUE TO
BEAVER DAMS AND BLOCKAGES..............................41
73-1 Purpose
73-2 Board of Health Responsible
73-3 Clarify interpretation of Section 80A
73-4 Responsibility of Property Owners
73-5 Town as Property Owner
73-6 Board of Health to Notify Responsible Parties
73-7 Town Departments as Specialists
73-8 Long Term Site Management Plans
73-9 Sewer Pumping Stations
73-10 Fees
73-11 Severability
CHAPTER 77 -- BUILDING
CONSTRUCTION..............................................43
77-1 Building Permit Fees, Exclusive of Mechanical and Utility Fees
CHAPTER 88 —DOGS............................................................................45
88-1 Leash Required
88-2 Impoundment; Redemption Fee
88-3 Restraint Order
88-4 Disposal of Unclaimed Dogs
88-5 License Fees
88-6 Removal of Feces
88-7 Violations and Penalties
88-8 Nuisances
CHAPTER 101 —FEES...........................................................................48
101-1 Fees Enumerated
101-2 Residuals Management Facility - Fee in Lieu of Taxes
101-3 Town Clerk Fees
[5]
CHAPTER 105 -- FIREARMS AND EXPLOSIVES.........................................52
105-1 Prohibited Use
CHAPTER 106 -- FIRE PREVENTION.......................................................53
CHAPTER 107 —FIRE HYDRANTS............................................................54
107-1 Permission to Open
107-2 Obstruction or Alteration
107-3 Failure to Comply
CHAPTER 109 —FIRE LANES..................................................................55
109-1 Determination of Necessity; Installation
109-2 Obstruction of Private Ways
109-3 Designation of Fire Lanes
109-4 Enforcement
109-5 Towing of Vehicles
CHAPTER 112 —FOOD SERVICE ESTABLISHMENTS..................................57
112-1 Authority of Selectmen
CHAPTER 115 -- GARBAGE, RUBBISH AND REFUSE................................58
115-1 Weekly Collection
115-2 Placement of Refuse for Pickup
115-3 Commercial, Business or Industrial Complex
115-4 Responsibility of Building Owners
115-5 Refuse Restricted Activity
115-6 Penalties
CHAPTER 117 — GAS STATIONS............................................................61
117-1 Hours of operation
117-2 Types of permitted stations
CHAPTER 122 -- HAWKERS AND PEDDLERS..........................................62
122-1 License Required; Exception
122-2 Special Events—Prohibited Sales
[6]
122-3 Enforcement
122-4 Violations/Penalty
CHAPTER 125 —HISTORIC DISTRICT......................................................64
125-1 Title
125-2 Purpose
125-3 Establishment
125-4 Historic District Commission
125-5 Powers and Duties of Commission
125-6 Limitations and Exemptions
125-7 Procedures
125-8 Town to be Subject to Provisions
125-9 Amendments
125-10 Severability
125-11 When Effective
CHAPTER 127 -- JUNK DEALERS............................................................70
127-1 License Required; Fee; Duration
CHAPTER 129 —LICENSES AND PERMITS................................................71
129-1 Licenses and Permits
CHAPTER 130 —LITTERING...................................................................73
130-1 Prohibited Activity
130-2 Violations and Penalties
CHAPTER 136 --NEWSRACKS,PLACEMENT AND MAINTENANCE..............74
136-1 Definitions.
136-2 Certificate of Compliance
136-3 Fees.
136-4 Standards
136-5 Attachment to Property.
136-6 Advertising Prohibited.
136-7 Installation, Maintenance, and Delivery Time.
136-8 Enforcement Procedures.
136-9 Fees For Removal and Storage.
136-10 Regulations.
136-11 Effect on Other Laws.
136-12 Severability
136-13 Effective Date.
[7]
CHAPTER 141 -- PEACE AND GOOD ORDER.............................................81
141-1 Disorderly Conduct
141-2 Loitering
141-3 Consumption of Alcoholic Beverages
141-4 Trespassing
CHAPTER 146 —RECREATIONAL USES ON LAKE COCHICHEWICK AND
ITS TRIBUTARIES.....................................................83
146-1 Prohibitions
CHAPTER 147 —RECYCLING................................................................84
147-1 Unauthorized Removal of Materials to be Recycled Prohibited
CHAPTER 154 — SEWERS.....................................................................85
154-1 Common Sewer Connections
154-2 Regulations for House Drains
154-3 House Drain Connection License Required
CHAPTER 158 — SOLICITATION............................................................86
158-1 Purpose
158-2 Definitions
158-3 Exception
158-4 Registration
158-5 Registration Fee
158-6 Investigation
158-7 Registration Cards
158-8 Notice Regulating Solicitation
158-9 Duties of Solicitors
158-10 Restrictions on Methods of Solicitation
158-11 Revocation of Licenses
158-12 Penalty
158-13 Severability
158-14 Fees
CHAPTER 161 -- STREETS AND SIDEWALKS..........................................92
161-1 Authority to Regulate; Penalties
161-2 Snow and Ice Removal
[8]
161-3 Street Excavation Permit
161-4 Driveway Permits
161-5 Leaf Regulations - Penalties
CHAPTER 170 -- UNDERGROUND UTILITIES..........................................94
170-1 Definitions
170-2 Prohibiting Installation of New Poles and Overhead Wires
170-3 Applicability of Section 2 applies to Following Parts of Town:
170-4 Violation of Section 2
170-5 Removal of Existing Poles and Overhead Wires
170-6 Installation of Customer's Service Facilities
170-7 Severability
CHAPTER 173 —VEHICLES AND TRAFFIC.............................................102
ARTICLE I-- HANDICAPPED PARKING
173-1 Provision Authorized
173-2 Determination of Number of Spaces
173-3 Signs and Markings
173-4 Spaces Required
CHAPTER 175 -- VEHICLES, STORAGE OF.............................................104
175-1 Restricted Activity
175-2 Exceptions
175-3 Violations and Penalties
CHAPTER 177 -- WATER USE RESTRICTION BYLAW...............................105
177-1 Authority
177-2 Purpose
177-3 Definitions
177-4 Declaration of State of Water Supply Conservation
177-5 Restricted Water Uses
177-6 Public Notification of State of Water Supply Conservation
177-7 Termination of State of Water Supply Conservation—Notice
177-8 State of Water Supply Emergency - Compliance with DEP Orders
177-9 Violation and Penalties
177-10 Severability
ARTICLE II --- AUTOMATIC LAWN IRRIGATION
SYSTEM..........................108
191
177-11 Registration
177-12 Backflow Prevention
177-13 Rain Sensors.
177-14 Violations and Penalties
177-15 Severability
CHAPTER 178 -- WETLANDS PROTECTION.............................................110
178-1 Purpose
178-2 Jurisdiction
178-3 Exemptions
178-4 Applications to perform work and information required
178-5 Hearings
178-6 Orders And Decisions
178-7 Certificates Of Compliance
178-8 Responsibility For Compliance
178-9 Rules And Regulations
179-10 Enforcement, Investigations & Violations
178-11 Consultant Services Account.
178-12 Captions And Severability.
[END TABLE OF CONTENTS]
DIVISION 1
[10]
TOWN MEETINGS
ENACTMENTS
[11]
PART I
ADMINISTRATIVE
LEGISLATION
SPECIAL NOTE
All references in chapter histories to the General Bylaws are in relation to the compilation
of bylaws of the Town of North Andover adopted 4-23-79 Annual Town Meeting, Article
13.
(This Revision Updates all Town Meeting Actions through May 2006 Annual Town
Meeting)
[12]
CHAPTER 1
GENERAL PROVISIONS
§ 1-1. Adoption date.
§ 1-2. Repealer.
§ 1-3. Amendments.
§ 1-4. Severability.
§ 1-5. Violations and penalties.
§ 1-6. Noncriminal disposition of violations.
[HISTORY: Adopted by the Town of North Andover as Ch. 1 of the General Bylaws. Amendments
noted where applicable.]
§ 1.1. Adoption Date
The bylaws contained herein shall be in force and effect on and after May 29,
1979.
§ 1.2. Repealer
A. All bylaws or parts of bylaws heretofore adopted which are inconsistent
with the provisions of these bylaws are hereby repealed and annulled, but the
provisions of the foregoing bylaws so far as they are the same as the provisions of
bylaws heretofore adopted shall be construed as a continuation thereof and not as
new enactments.
B. The repeal of a bylaw heretofore adopted shall not affect any act done,
ratified or confirmed to any right accrued or established or any action, suit or
proceeding commenced or had in civil case, nor affect any punishment, penalty or
forfeiture incurred under such bylaw.
§ 1.3. Amendments
These bylaws may be amended or repealed at any Town Meeting provided that an
Article or Articles for that purpose have been inserted in the warrant of said meeting.
§ 1.4. Severability
If any provision of these bylaws shall be held invalid, the remainder shall not be
affected thereby.
[13]
§ 1.5. Violations and Penalties
Any person violating any bylaws or regulation of the town shall, in cases not
otherwise provided for, be punished therefor by a fine of fifty dollars ($50) for each such
offense.
§ 1.6. Noncriminal Disposition of Violations
Violations of any provisions of these bylaws or rules and regulations of any town
department or board may be handled as a noncriminal offense in accordance with the
provisions of Massachusetts General Laws C.40, § 21D.
[Amended Article 18 1997 Annual Town Meeting-Attorney General Approval 8-13-1997]
Without intending to limit the generality of the foregoing, the following Board of Health
Regulations and penalties therefor may be enforced as a non-criminal offense in
accordance with G.L. Ch. 40, S. 21D. The penalties set forth herein shall apply to each
separate offense or violation of the regulations. The Board of Health shall determine the
disposition of all complaints or requests for enforcement made pursuant to this By-law.
The Board of Health or its specific designee may enforce a decision of the Board
regarding the non-criminal disposition of a complaint or request for enforcement.
APPLICABLE BOARD OF HEALTH REGULATIONS
Up To
Regulations for the Control of Waste Disposal Traffic $1,000.00
Article X, Minimum Sanitation Standards for Food Service Establishments $ 300.00
Tobacco Control Regulations
Individual $ 25.00
Vendor or Food Establishment, first offense $ 50.00
Second offense $ 100.00
Third and Subsequent offenses $ 250.00
Dumpster Regulations $ 50.00
Regulations for Sewer Tie-in $ 200.00
Rules and Regulations Governing the Practice of Massage and the Conduct
of Establishments for the Giving of Massage, Vapor, Pool, Shower,
or other Baths in the Town of North Andover
North Andover Board of Health Regulations
for Watershed Pumping $ 200.00
Regulations for Suntanning Establishments $ 300.00
Minimum Requirements for the SubsurfaceDisposal of Sanitary Sewage $ 500.00
Regulations for the Use of Recombinant
DNA Molecule Technology $ 500.00
[14]
Chapter 3
ACCOUNTANT, TOWN
§ 3.1. Duties.
[HISTORY: Adopted by the Town of North Andover as Chapter 4, §4.8 of the General Bylaws.
Amendments noted where applicable.]
§ 3.1. Duties.
It shall be the duty of the Town Accountant to inspect all bills presented against
the town; to see that they have the approval of the officer, board or committee contracting
the same, and are in proper form; to indicate the account to which they are chargeable;
and, if there are funds, to transmit said bill with his certificate to the Town Manager, who
shall draw his warrant on the Town Treasurer authorizing payment boards, and
committees receiving and expending money; to investigate the conditions of all funds and
trust funds held for the benefit of the town. He shall verify the amount of funds in the
hands of the town officers, boards and by personal applications at banks of deposit, shall
ascertain the amounts held therein to the credit of the town. He shall report to the town in
detail under each department all receipts and expenditures by the town for the previous
financial year.
[15]
Chapter 7
CIVIC HOLIDAY CELEBRATION COMMITTEE
§ 7.1. Annual appointment; membership.
§ 7.2. Responsibility.
[HISTORY: Adopted by the Town of North Andover as Chapter 3 § 3.11 of the General Bylaws.
Amendments noted where applicable.]
§ 7.1. Annual Appointment; membership
The Selectmen shall annually appoint a Committee of nine (9) voters of the town,
to be known as the "Civic Holiday Celebration Committee," each of whom shall hold
office for the term of one (1) year, or until his successor shall have been duly appointed
and qualified. The unexpired term of any member of said Committee shall be filled by the
Selectmen.
§ 7.2. Responsibility
Said Committee shall expend all or part of such funds as the town may appropriate
therefor for the public observance and celebration of the Fourth of July and of such other
legal holidays or days of historic interest to the town, as the Selectmen may from time to
time designate.
[16]
CHAPTER 8
Community Preservation Committee
§ 8.1. Establishment.
§ 8.2. Duties.
§ 8.3. Requirement for a quorum and cost estimates.
§ 8.4. Amendments.
§ 8.5. Severability.
[HISTORY: Adopted by the Town of North Andover as Chapter 8 of the General Bylaws—Special
Town Meeting January 29, 2001 — Approved by Attorney General. Amendments noted where
applicable.]
§ 8.1. Establishment.
There is hereby established a Community Preservation Committee, consisting of
nine (9) voting members pursuant to MGL Chapter 44B. The composition of the
Committee, the appointment authority and the term of office for the Committee members
shall be as follows:
One member of the Conservation Commission as designated by the Commission
for a term of three years.
One member of the Historical Commission as designated by the Commission for a
term of three years.
One member of the Planning Board as designated by the Board for a term of three
years.
One member of the Recreation Council as designated by the Council for an initial
term of one year and thereafter for a term of three years.
One member of the Housing Authority as designated by the Authority for an initial
term of two years and thereafter for a term of three years.
One member of the Open Space Committee as designated by the Committee for an
initial term of one year and thereafter for a term of three years.
Three members, who are residents of the Town, to be appointed by the Board of
Selectmen, one member to be appointed for a term of one year and thereafter for a term of
three years and two members to be appointed for a term of two years and there after for a
term of three years.
Should any of the Commissions, Boards, Councils or Committees who have
appointment authority under this Chapter be no longer in existence for what ever reason,
the appointment authority for that Commission, Board, or Council shall become the
responsibility of the Board of Selectmen.
§ 8.2. Duties.
(1). The Community Preservation Committee shall, at least annually, study the
needs, possibilities and resources of the town regarding community preservation. The
[17]
committee shall consult with existing municipal boards, including the Conservation
Commission, the Historical Commission, the Planning Board, the Recreation Council and
the Housing Authority, or persons acting in those capacities or performing like duties, in
conducting such studies. As part of its study, the committee shall hold one or more public
informational hearings on the needs, possibilities and resources of the town regarding
community preservation possibilities and resources, notice of which shall be posted
publicly and published for each of two weeks preceding a hearing in a newspaper of
general circulation in the town.
(2). The Community Preservation Committee shall, at least annually, make
recommendations to the Town Meeting for the acquisition, creation and preservation of
open space, for the acquisition and preservation of historic resources, for the acquisition,
creation and preservation of land for recreational use, for the creation, preservation and
support of community housing and for rehabilitation or restoration of such open space,
historic resources, land for recreational use and community housing that is acquired or
created as provided in this section. With respect to community housing, the Community
Preservation Committee shall recommend, wherever possible, the reuse of existing
buildings or construction of new buildings on previously developed sites.
Recommendations to the Town Meeting shall include their anticipated costs.
(3). The Community Preservation Committee may include in its recommendation
to the Town Meeting a recommendation to set aside for later spending funds for specific
purposes that are consistent with community preservation but for which sufficient
revenues are not then available in the Community Preservation Fund to accomplish that
specific purpose or to set aside for later spending funds for general purposes that are
consistent with community preservation.
§ 8.3. Requirement for a quorum and cost estimates.
The Community Preservation Committee shall not meet or conduct business
without the presence of a quorum. A majority of the members of the Community
Preservation Committee shall constitute a quorum. The Community Preservation
Committee shall approve its actions by a majority vote of the entire committee
membership.
§ 8.4. Amendments.
This by-law may be amended from time to time by a majority vote of the Town
Meeting, provided, however, that the amendments would not cause a conflict to occur
with Massachusetts General Law, Chapter 44B.
§ 8.5. Severability.
In case any section, paragraph or part of this chapter be for any reason declared invalid or
unconstitutional by any court of last resort, every other section, paragraph or part shall
continue in full force and effect; or take any action relative thereto.
[18]
Chapter 11
COUNCIL ON THE AGING
§ 11.1. Establishment.
§ 11.2. Duties and responsibilities.
[HISTORY: Adopted by the Town of North Andover as Ch. 3, Sec. 3.4 of the General Bylaws;
amended 4-27-85 Annual Town Meeting, Article 58 Subsequent amendments noted where
applicable.]
§ 11.1. Establishment.
There is hereby established a local Council on Aging, consisting of eleven (11)
voting members. Council members shall be appointed by the Selectmen for interested and
representative groups in the community upon consideration of recommendation by the
existing Council.
§ 11.2. Duties and responsibilities.
The Council shall be responsible to the Selectmen, and its members shall serve
without compensation and within the limits of available funds it may appoint such
employees as it may require. It shall be the duty of the Council to oversee the operation
of the senior center and to carry out programs and services designed to meet the needs of
the elderly in coordination with appropriate local, state and federal agencies.
[19]
Chapter 13
COUNSEL, TOWN
§ 13-1. Appointment; Compensation; Vacancies.
§ 13-2. Duties and Responsibilities.
[HISTORY: Adopted by the Town of North Andover as Ch 3, Sec 3.7 of the General Bylaws;
Amended 4-25-81 Annual Town Meeting, Art 32, 4-28-84 Annual Town Meeting, Article 87.
Subsequent amendments noted where applicable.]
§ 13-1. Appointment; Compensation; Vacancies.
The Board of Selectmen shall annually in June appoint and, subject to
appropriation therefor, fix the compensation of an attorney-at-law who shall be a member
in good standing of the bar of the commonwealth, to serve as Town Counsel at the
pleasure of the appointing committee. The Board of Selectmen shall likewise fill any
vacancy in said office for the unexpired term thereof. The Selectmen may employ special
counsel whenever, in their judgment, the necessity thereof arises.
§ 13.2. Duties and Responsibilities.
The Town Counsel shall, subject to the direction of the Selectmen, conduct the
prosecution, defense or compromise of legal proceedings to which the town is a party and
the prosecution or defense, as the case may be, of legal proceedings by or against any
town officer, board or committee. He shall prepare legal instruments to which the town is
a party or in which any right or interest is involved, shall advise any town officer, board or
committee upon legal matters and proceedings affecting the performance of his or its
official duties, and shall perform such other duties as may be imposed upon him by these
bylaws or vote of the town, and as further set forth in a memorandum of agreement to be
established by the Board of Selectmen with the advice of the appointing committee.
[20]
Chapter 17
FINANCE
[HISTORY: Adopted by the Town of North Andover as Ch. 4 of General Bylaws. Amendments
noted where applicable.]
§ 17-1. Financial Year.
§ 17-2. Warrant for Payments.
§ 17-3. Promissory Notes.
§ 17-4. Financial Reports.
§ 17-5. Deposit of Receipts.
§ 17-6. Surety Bond Retirement.
§ 17-7. Conflict of Interest.
§ 17-8. Water/Sewer Bills.
§ 17-9. Revenue/Fixed Costs Review Committee
§ 17-1. Financial Year
The financial year of the town shall begin with the first day of July and end with
the 30th day of the following June.
§ 17-2. Warrant for Payments
No money shall be paid from the Town Treasury, except the state and county taxes
and bank discount, without a warrant therefor signed by the Selectmen.
§ 17-3. Promissory Notes
All promissory notes of the town shall be signed by the Treasurer and
countersigned by the Selectmen.
§ 17-4. Financial Reports
All town officers, boards, and committees, who in any way receive or expend
money belonging to the town shall keep a record of their official acts, and an account of
their receipts and expenditures; they shall make an annual report to the town in season to
be audited and incorporated into the annual town report.
§ 17-5. Deposit of Receipts
All town officers, boards and committees, who shall receive money in behalf of the
town, shall pay to the Treasurer, monthly and oftener if so required by the Selectmen, all
money so received. All other persons who shall have in their possession money belonging
to the town shall pay the same forthwith to the Town Treasurer.
[21]
§ 17-6. Surety Bond Retirement
The Collector or other official with the duty of collecting and receiving money due
to the town shall give a bond in a penal sum and with sureties approved by the Board of
Selectmen.
§ 17-7. Conflict of Interest
No officer, board or committee of the town shall have any pecuniary interest,
either direct or indirect, personally or through another person, in any loan, contract or
employment of any sort made, by, with or for that department to which his or its duties
pertain. All contracts or employment made in violation of the bylaw shall be void as to the
town, and no bills therefor shall be approved, audited or paid.
§ 17-8. Water/Sewer Bills
[Adopted: ATM 5-7-90, Article 22] [Amended Article 18 1998 Annual Town Meeting — Attorney
General Approval October 20, 1998]
Water/sewer bills will be issued on a quarterly basis and are due and payable on or
before thirty (30) days from the billing date (date of postmark). Payments are considered
made when received by the Collector. Any unpaid bills will be reflected as arrears on the
following bill cycle, with interest. Any payments received will be applied to interest and
charges first, then the arrears portion, with the balance being applied to the current bill. A
penalty of 14% interest per annum on the current water and sewer bill will accrue on
overdue payments from the due date until payment is made. Fourteen (14) days after the
due date of the fourth quarter bill, a demand bill will be issued for the balance plus interest
plus $5.00 fee. This will be due fourteen days after mailing. All bills outstanding for the
quarter ended June 30th will be removed from the accounts receivable for water and sewer
and applied for collection as part of the property tax, in accordance with M.G.L. Ch.40, s
42A and 42D.
§ 17-9. Revenue/Fixed Costs Review Committee
[Adopted: ATM 5-11,2004,Article 25,Approved be Attorney GeneralAugust 19,2004]
SECTION 9 REVENUE/FIXED COSTS REVIEW COMMITTEE
There is hereby created a committee to advise the Town Manager on revenue,
other financial sources and fixed costs projections for town operating budgets. The
Committee shall consist of two finance committee members, the School Superintendent,
the Director of Finance and Administration, and the Town Accountant. The Town
Manager shall serve as an ex-officio member of the committee.
[22]
The Committee shall meet within thirty days but no later than December 0 of the
issuance of the Board of Selectmen budget policy statement provided for in Chapter 9,
Section 2-3 of the Town Charter and shall report to the Town Manager and the Finance
Committee their initial estimates for revenues and other financial sources projections and
fixed expense estimates for the following fiscal year's annual operating budget within 45
days of the Committee's first meeting. The Committee's report shall identify and describe
all revenue and financing sources and anticipated fixed costs and shall provide a written
rationale supporting estimates contained therein.
All reports and relevant supporting computer work files issued by this committee
shall be made available through the Town of North Andover Web Site in a timely manner
that does not interfere with the work of the committee.
The committee may continue to meet after the issuance of the Town Manager's
Recommended Budget for the purpose of providing continued advice to the Town
Manager, the Board of Selectmen and the Finance Committee regarding revenue and fixed
costs projections.
[23]
Chapter 20
GAS INSPECTOR
[HISTORY: Adopted by the Town of North Andover as Chapter 3, §3.9 of the General Bylaws.
Amendments noted where applicable.]
§ 20-1. Fee Schedule to be Fixed.
§ 20-1. Fee Schedule to be Fixed
[Amended: ATM 4-27-85, Article 55]
The Selectmen shall fix and shall, from time to time by their order, amend a
schedule of fees to be charged for gas inspections.
[24]
Chapter 22
GREATER LAWRENCE SANITARY DISTRICT
REPRESENTATIVE
[HISTORY: Adopted by the Town of North Andover as Chapter 3, §3.8 of the General Bylaws.
Amendments noted where applicable.]
§ 22-1. Authority to Appoint Certain Members.
§ 22-1. Authority to Appoint Certain Members
The Selectmen shall have the power and authority to appoint, by majority
vote, one (1) member of the Board of Directors of the Greater Lawrence Sanitary District,
established by Chapter 750 of the Acts of 1968.
[25]
CHAPTER 28
HOUSING TRUST FUND
HISTORY: Adopted by the Town of North Andover May 2, 1988 Annual Town Meeting Article 31.
[Chapter 28 Replaced — Article 33 2006 Annual Town Meeting, Approved by Attorney General
fl Amendments noted where applicable.]
§ 28-1. Name of the Trust
§ 28-2. Purpose
§ 28-3. Tenure of Trustees
§ 28-4. Meetings of the Trust
§ 28-5. Powers of Trustees
§ 28-6. Funds Paid to the Trust
§ 28-7. Acts of Trustees
§28-8. Liability
§ 28-9. Taxes
§ 28-10. Custodian of Funds
§ 28-11. Governmental Body
§ 28-12. Board of the Town
§ 28-13. Duration of the Trust
§ 28-14. Recordings
§ 28-15. Titles
§ 28-1. Name of the Trust
The trust shall be called the "Town of North Andover Affordable Housing Trust
Fund".
§ 28-2. Purpose
The purpose of the Trust shall be to provide for the preservation and creation of
affordable housing in the Town of North Andover for the benefit of low and
moderate-income households. In furtherance of this purpose, the Trustees are hereby
authorized, in accordance with the procedures set forth herein, to acquire by gift,
purchase or otherwise real estate and personal property, both tangible and intangible,
of every sort and description; to use such property, both real and personal, in such
manner as the Trustees shall deem most appropriate to carry out such purpose,
provided however, that all property held by the Trust and the net earnings thereof shall
be used exclusively for the preservation and creation in the Town of North Andover of
affordable housing for the purposes for which this Trust was formed.
[26]
§ 28-3. Tenure of Trustees
There shall be a Board of Trustees consisting of not less than five nor more than
seven Trustees who shall be appointed by the Board of Selectmen. At least one of the
Trustees shall be a member of the Board of Selectmen. Only persons who are residents
of the Town of North Andover shall be eligible to hold the office of Trustee. Trustees
shall serve for a term of two years, except that two of the initial trustee appointments
shall be for a term of one year, and may be re-appointed at the discretion of the Board
of Selectmen. Any Trustee who ceases to be a resident of the Town of North Andover
shall cease to be a Trustee hereunder and shall promptly provide a written notification
of the change in residence to the Board and to the Town Clerk. Any Trustee may
resign by written instrument signed and acknowledged by such Trustee and duly filed
with the Town Clerk. If a Trustee shall die, resign, or for any other reason cease to be
a Trustee hereunder before his/her term of office expires, a successor shall be
appointed by the Board of Selectmen to fill such vacancy provided that in each case
the said appointment and acceptance in writing by the Trustee so appointed is filed
with the Town Clerk. No such appointment shall be required so long as there are five
Trustees in office. Upon the appointment of any succeeding Trustee and the filing of
such appointment, the title to the Trust estate shall thereupon and without the
necessity of any conveyance be vested in such succeeding Trustee jointly with the
remaining Trustees. Reference to the Trustee shall mean the Trustee or Trustees for
the time being hereunder.
§ 28-4. Meetings of the Trust
The Trust shall meet at least quarterly at such time and at such place as the
Trustees shall determine. Notice of all meetings of the Trust shall be given in
accordance with the provisions of the Open Meeting Law, Massachusetts General
Laws Chapter 39, Sections 23A, 23B and 23C. A quorum at any meeting shall be a
majority of the Trustees qualified and present in person.
§ 28-5. Powers of Trustees
The Board of Trustees shall have the following powers which shall be carried out in
accordance with and in furtherance of the provisions of Massachusetts General Laws
Chapter 44, Section 55C:
A. With the approval of the Board of Selectmen, to accept and receive property,
whether real or personal, by gift, grant, devise, or transfer from any person,
firm, corporation or other public or private entity, including without limitation,
grants of funds or other property tendered to the trust in connection with
provisions of any zoning by-law or any other by-law;
B. With the approval of the Board of Selectmen, to purchase and retain real or
personal property, including without restriction investments that yield a high
rate of income or no income;
[27]
C. With the approval of the Board of Selectmen and Town Meeting, to sell, lease,
exchange, transfer or convey any real property at public auction or by private
contract for such consideration and on such terms as to credit or otherwise,
and to make such contracts and enter into such undertakings relative to trust
real property as the Trustees deem advisable notwithstanding the length of any
such lease or contract;
D. With the approval of the Board of Selectmen, to sell, lease, exchange, transfer,
or convey any personal property at public auction or by private contract for
such consideration and on such terms as to credit or otherwise, and to make
such contracts and enter into such undertakings relative to trust personal
property notwithstanding the length of any such lease or contract;
E. To execute, acknowledge and deliver deeds, assignments, transfers, pledges,
leases, covenants, contracts, promissory notes, releases and other instruments
sealed or unsealed, necessary, proper or incident to any transaction in which
the board engages for the accomplishment of the purposes of the trust;
F. To employ advisors and agents, such as accountants, appraisers and lawyers as
the trustees deem necessary;
G. To pay reasonable compensation and expenses to all advisors and agents and
to apportion such compensation between income and principal as the trustees
deem advisable;
H. To apportion receipts and charges between income and principal as the trustees
deem advisable, to amortize premiums and establish sinking funds for such
purpose, and to create reserves for depreciation depletion or otherwise;
I. With the approval of the Board of Selectmen, to participate in any
reorganization, recapitalization, merger or similar transactions; and to give
proxies or powers of attorney with or without power of substitution, to vote
any securities or certificates of interest, and to consent to any contract, lease,
mortgage, purchase or sale of property, by or between any corporation and any
other corporation or person;
J. With the approval of the Board of Selectmen, to deposit any security with any
protective reorganization committee, and to delegate to such committee such
[28]
powers and authority with relation thereto as the trustees may deem proper
and to pay, out of trust property, such portion of expenses and compensation
of such committee as the board, with the approval of the Board of Selectmen,
may deem necessary and appropriate;
K. To carry property for accounting purposes other than acquisition date values;
L. With the approval the Board of Selectmen and the approval of Town Meeting
by a two-thirds majority vote, to incur debt, to borrow money on such terms
and conditions and from such sources as the trustees deem advisable, and to
mortgage and pledge trust assets as collateral;
M. With the approval of the Board of Selectmen, to disburse trust funds for the
purpose of making loans or grants in furtherance of the creation or
preservation of affordable housing in North Andover upon such terms as the
Trustees shall deem most appropriate to carry out such purposes;
N. To make distributions or divisions of principal in kind;
O. To comprise, attribute, defend, enforce, release, settle or otherwise adjust
claims in favor or against the trust, including claims for taxes, and to accept
any property, either in total or partial satisfaction of any indebtedness or other
obligation, and subject to the provisions of G.L. Chapter 44, Section 55C, to
continue to hold the same for such period of time as the board may deem
appropriate;
P. To manage or improve real property and, with the approval of the Board of
Selectmen and Town Meeting, to abandon any property which the trustees
determine not to be worth retaining;
Q. To hold all or part of the trust property uninvested for such purposes and for
such time as the trustees may deem appropriate; and
R. To extend the time for payment of any obligation to the trust.
§ 28-6. Funds Paid to the Trust
Notwithstanding any general or special law to the contrary, all moneys paid to
the trust in accordance with any zoning by-law, exaction fee, or private contribution
shall be paid directly into the trust and need not be appropriated or accepted and
approved into the trust. General revenues appropriated into the trust become trust
property and these funds need not be further appropriated to be expended. All moneys
remaining in the trust at the end of any fiscal year, whether or not expended by the
[29]
board within one year of the date they were appropriated into the trust, remain trust
property.
§ 28-7. Acts of Trustees
A majority of Trustees may exercise any or all of the powers of the Trustees
hereunder and may execute on behalf of the Trustees any and all instruments with the
same effect as though executed by all the Trustees. No Trustee shall be required to
give bond. No license of court shall be required to confirm the validity of any
transaction entered into by the Trustees with respect to the Trust Estate.
§28-8. Liability
Neither the Trustees nor any agent or officer of the Trust shall have the authority
to bind the Town, except in the manner specifically authorized herein. The Trust is a
public employer and the Trustees are public employees for the purposes of G.L.
Chapter 268A. The Trust shall be deemed a municipal agency and the Trustees special
municipal employees for the purposes of Massachusetts General Laws Chapter 268A.
§ 28-9. Taxes
The Trust is exempt from Massachusetts General Laws Chapter 59 and 62, and
from any other provisions concerning payment of taxes based upon or measured by
property or income imposed by the Commonwealth or any subdivision thereto.
§ 28-10. Custodian of Funds
The Town Treasurer shall be the custodian of the funds of the Trust. The books
and records of the Trust shall be audited annually by an independent auditor in
accordance with accepted accounting practices for municipalities.
§ 28-11. Governmental Body
The Trust is a governmental body for purposes of Sections 23A, 23B and 23C of
Massachusetts General Laws Chapter 39.
§ 28-12. Board of the Town
The Trust is a board of the Town for purposes of Massachusetts General Laws
Chapter 30B and Section 15A of Massachusetts General Laws Chapter 40; but
agreements and conveyances between the trust and agencies, boards, commissions,
authorities, departments and public instrumentalities of the town shall be exempt from
said Chapter 30B.
[30]
§ 28-13. Duration of the Trust
This Trust shall be of indefinite duration, until terminated in accordance with
applicable law. Upon termination of the Trust, subject to the payment of or making
provisions for the payment of all obligations and liabilities of the Trust and the
Trustees, the net assets of the Trust shall be transferred to the Town and held by the
Board of Selectmen for affordable housing purposes. In making any such distribution,
the Trustees may, subject to the approval of the Board of Selectmen, sell all or any
portion of the Trust property and distribute the net proceeds thereof or they may
distribute any of the assets in kind. The powers of the Trustees shall continue until the
affairs of the Trust are concluded.
§ 28-14. Recordings
The Board of Selectmen may authorize the Trustees to execute, deliver, and
record with the Registry of Deeds any documents required for any conveyance
authorized hereunder.
§ 28-15. Titles
The titles to the various Articles herein are for convenience only and are not to
be considered part of said Articles nor shall they affect the meaning or the language of
any such Article.
[31]
Chapter 41
PERSONNEL
[The North Andover Personnel Bylaw is amended from time to time by Town
Meeting vote. The up-to-date Personnel Bylaw is on file in the office of the Town
Clerk.]
[32]
Chapter 44
PUBLIC MEETINGS
HISTORY: Adopted by the Town of North Andover May 10, 2005 Annual Town Meeting Article
21. Approved by Attorney General August 29,2005. Amendments noted where applicable.]
§ 44-1 Televising of Land Use Board Meetings.
§ 44-1 Televising of Land Use Board Meetings
All meetings of the Planning Board, Zoning Board of Appeals, Board of Health,
and Conservation Commission shall be broadcast live over the local cable television
network unless emergency or operational or technical conditions suspend the requirements
hereof, as determined by the Town Manager or the Manager's designee. All such
meetings shall occur in the Town Hall second floor meeting room. All such meetings shall
have posted agendas of discussion items and application names in the Town Hall and on
the Town website or on the cable television network twenty-four hours prior to the
meeting time. If there is a scheduling conflict with the use of the meeting room, the Town
Manager or the Manager's designee, shall have the discretion to determine which Board
shall have use of the room. Nothing contained in this bylaw shall be so construed as to
conflict with the requirements of the Open Meeting law, M.G.L. Chapter 39, Section 23B.
A violation of this bylaw or a failure to comply with this bylaw shall not be grounds for
challenging or invalidating any actions taken at any meeting of the Planning Board, Zoning
Board of Appeals, Board of Health or Conservation Commission.
[33]
Chapter 48
SEAL, OFFICIAL
[HISTORY: Adopted by the Town of North Andover as Chapter 8, §8.1 of the General Bylaws.
Amendments noted where applicable.]
§ 48-1 Description.
§ 48-1 Description
The following shall be the device of the official Town Seal. In the center of a
double circle, view of a portion of Lake Cochichewick, showing an Indian in a canoe upon
its surface, with the words "Lake Cochichewick" appearing below the canoe, and with the
words, "settled 1646" appearing at the top of the circumference of the inner circle, and the
words "Incorporated April 7, 1855" appearing at the bottom; in the space between the
inner and outer circle appear the words "Town of North Andover" at the top of the Seal
and the word "Massachusetts" at its bottom.
[34]
Chapter 54
TAX COLLECTOR
[HISTORY: Adopted by the Town of North Andover as Chapter 54 of the General Bylaws,Article
19 May 10,2005 Annual Town Meeting Artilce 19,Approved by Attorney General August 29,2005.
Amendments noted where applicable.]
§ 54-1 - Duties of Tax Collector.
§ 54-1 - Duties of Tax Collector
The tax collector, in addition to the authority to collect taxes conferred by Massachusetts
General Laws, Chapter 41, Section 38, and all other laws relating to tax collection, shall
collect all accounts due the town in accordance with the provisions of Massachusetts
General Laws, Chapter 41, Section 38A. The collector shall in the collection of such
accounts have all the remedies provided by sections thirty-five, thirty-six and ninety three
of Massachusetts General Laws, Chapter 60 for the collection of taxes on personal estate.
This bylaw shall not apply to the collection of interest on investments of sinking or trust
funds. All bills for accounts due the town shall state that all checks, drafts or money orders
shall be made payable to or to the order of the town and not to or to the order of any
officer, board or commission. Whenever the collector of taxes, in any communication,
document or writing intended for use outside his department, identifies a husband and
wife, he shall use the name of both husband and wife and shall not use a legal phrase as a
substitute for either name.
[35]
CHAPTER 59
TOWN MEETINGS
[HISTORY: Adopted by the Town of North Andover as Chapter 2 of the General Bylaws.
Amended July 10, 2006 STM Article 12 — Approved by Attorney General September 1, 2006]
[Amendments noted where applicable.]
GENERAL REFERENCES
Charter Provisions - See Charter Chapter 2
§ 59-1 Adjournment
§ 59-2 Quorum
§ 59-3 Reconsideration Vote
§ 59-4 Secret Ballots
§ 59-5 Information Required for Consideration of Articles
§ 59-6 Annual Town Meeting
§ 59-7 Votes to Be Declared by the Moderator
§ 59-1 Adjournment.
When a Town Meeting shall be adjourned to a time certain that is more than
fourteen (14) days from the time of adjournment, the Town Clerk shall cause notice of the
time and place of such adjourned meeting to be duly posted in three (3) or more public
places in each precinct in the town two (2) days at least before the time of holding said
adjourned meeting, which notice shall also briefly state the business to come before such
meeting.
§ 59-2 Quorum.
There is no quorum requirement for Annual or Special Town Meetings.
[Amended: STM November 29, 1996—Approved by Attorney General December 23, 1996]
[Amended: ATM 5-3-1999,Article 14- Approved by Attorney General July 27, 1999]
§ 59-3 Reconsideration Vote.
Unless the Moderator shall otherwise rule, for reasons which he shall state to the
meeting, no second motion for the reconsideration of any action taken by any Town
Meeting shall be entertained during that meeting or any adjourned session thereof.
§ 59-4 Secret Ballots.
[36]
Upon motion duly made and seconded, at any Annual or Special Town Meeting,
and upon the affirmative vote of at least twenty-five percent (25%) of the voters present
at said Annual or Special Town Meeting, any Article in the warrant for said Annual or
Special Town Meeting shall be voted upon by Australian (secret) ballot.
§ 59-5 Information Required for Consideration of Articles.
[Added: Annual Town Meeting May 2, 1988,Article 44]
A. The sponsor of any Article requiring the raising and/or appropriation of
town funds shall provide to the Town Manager and to the Finance Committee the
following information:
1. Total estimated dollar cost of the Article including:
a. Start-up costs.
b. Reoccurring annual costs, including any increase in personnel
and/or equipment purchases.
c. Source of estimate.
2. Estimate of any possible revenues the project might generate.
3. Proposed source and/or mechanism for funding.
4. Reason(s) for the request, including but not limited to need.
5. Population group most likely to benefit or be affected by the
project.
6. Possible alternatives to the requested proposal.
7. Schedule or time frame for completion of the project.
8. Any motions that would be introduced to support the Article as
submitted.
B. This information shall be provided within two (2) days after the final fixed
date for receiving Articles into the warrant for the Annual or any Special Town
Meetings.
§ 59-6 Annual Town Meeting
[Amended: Annual Town Meeting May 2, 1994,Article 17] [Amended: Annual Town Meeting May
12, 1997,Article 37,Attorney General Approval August 13, 1997] [Amended: Annual Town Meeting
May 15,2000,Article 35]
Annual Town Meeting shall be held on the first Monday in May at 7:00 p.m.
In accordance with MGL Chapter 39, Section 9, which permits the Board of
Selectmen to postpone by vote, an Annual Town Meeting, any such postponement shall be
held on any weekday evening Monday through Thursday at 7:00 p.m. until all articles in
the warrant have been acted upon.
[37]
§ 59-7 Votes to be Declared by the Moderator
[Amended: Annual Town Meeting May 12, 1997, Article 37, Attorney General Approval
August 13, 1997][Aemnded July 10,2006 STM Article 12]
The Moderator may take all votes requiring a two-thirds majority in the same
manner in which he or she conducts the taking of a vote when a majority vote is required.
The Moderator may take all votes requiring a two-thirds majority in the same
manner in which he or she conducts the taking of a vote when a majority vote is required.
[38]
Chapter 61
TOWN PROPERTY, SALE OF
[HISTORY: Adopted of the Town of North Andover as Ch. 5, Sec. 5.7 of the General Bylaws.
Amendments noted where applicable.]
§ 61-1 Authority
§ 61-1 Authority.
Any board or officer in charge of any department of the town may, with the
approval of the Selectmen, sell or otherwise dispose of any personal property of the town
within its possession or control which has become obsolete or which is no longer required
for use of such department, provided that the records of the Selectmen shall contain full
information concerning the request of such department head for authority to dispose of
such property, and their reasons for approving such request.
[39]
PART II
GENERAL
LEGISLATION
[40]
Chapter 69
ALARM SYSTEMS
[HISTORY: Adopted by the Town of North Andover; Art L• April 23, 1983,Annual Town Meeting,
Article 35; Art Il;• October 27,1983 Special Town Meeting, Article 5. [Amended: Annual Town
Meeting June 6, 2006, Chapter 69-7.1,Article 10; Approved by Attorney General October 16,2006]
Amendments noted where applicable.]
ARTICLE I
Fire Detection and Alarm Systems
[HISTORY: Adopted: Annual Town Meeting April 23, 1983,Article 35]
§ 69-1 Purpose and Scope
§ 69-2 Alarm Installation and Permit Requirements
§ 69-3 Alarm Disconnection and Alteration Notice
§ 69-4 Automatic Shut Off Requirement
§ 69-5 Alarm System Regulations and Maintenance
§ 69-6 Alarm Tests
§ 69-7 False Alarm Assessment
§ 69-7.1 Connection Fees
§ 69-7.2 Violations
§ 69-7.3 Appeals
§ 69-7.4 Fees, Fines and Assessments
§ 69-8 Forcible Entry of Unoccupied Premises
§ 69-8.1 Secured Key Access
§ 69-1 Purpose and Scope.
[Amended: ATM 5-6-92,Article 35]
This Bylaw shall apply to the installation, operation and maintenance of fire and
medical aid alarm systems. Fire and medical aid systems shall include systems connected
to the Fire Department by the municipal fire alarm circuit, direct wire, or a telephone dial
up basis and systems which use exterior signals at the alarm location as a function of the
connected system.
By definition, "Alarm Systems" are those installed for the purpose of notification
to the proper response authority of an emergency situation at a property where the
component devices of the system are installed.
[41]
Chapter 69-2 Alarm Installation and Permit Requirements
[Amended: ATM 5-6-92,Article 35]
A. As of the effective date of this Bylaw, no alarm system or equipment
designed to summon the Fire Department shall be installed without a permit signed
by the Fire Chief or his designee. Existing alarm systems must obtain permit within
three (3) months of the effective date of this Bylaw. The Fire Chief shall prescribe
an application form for implementation of this Bylaw. The fee for this alarm
permit shall be ten dollars ($10). The Fire Department shall be called to inspect the
installation after its completion, for which inspection there will be a fee of fifteen
dollars ($15).
Changes in the permit or inspection fees may be made with sixty (60) days
notice to the general public and with the approval of the Board of Selectmen.
B. Any current or future alarm user may contract with an alarm company of
their choice for the purchase, lease, installation and servicing of an alarm system on
their premises.
C. Telephone dialers using voice-type tape recorders must be compatible with
the alarm receiving devices a the Fire Department. Equipment as described shall
use the emergency Fire Department telephone number designated for that purpose.
D. Actual connection to the Fire Department's alarm system will be made only
by an installer approved by the Fire Chief for this service.
E. The alarm system owner or user, or the alarm company contracting for the
servicing of the alarm users system, shall be responsible for obtaining any
necessary leased lines or municipal cable between the protected location and the
Fire Department Alarm receiving equipment.
F. The Fire Department will make every effort to insure the proper operation
of its alarm receiving equipment, but accepts no liability for conditions which
prevent proper reception of signals from the user's premises.
§ 69-3 Alarm Disconnection and Alteration Notice
[Amended: ATM May-6-1992, Article 35] [Amended ATM May 12, 1998, Article 22, Approved by
Attorney General October 20, 1998]
Whenever an alarm system or equipment is disconnected, removed or altered, the
owner or user thereof shall notify the Fire Department in writing. This shall be done in
accordance with the Mass. Building Code and M.G.L. Chapter 148, Section 27A and
Section 28.
[42]
§ 69-4 Automatic Shut Off Requirement
[Amended: ATM 5-6-92,Article 35]
All alarm systems installed after the effective date of this Bylaw which use
an electric audible alarm device(s), shall be equipped with a timing unit which silences the
exterior audible device no less than five (5) minutes and no more than ten (10) minutes
after the activation of the alarm system.
All existing alarms using an exterior audible alarm device should be
equipped with such a device within twelve (12) months after the effective date of this
Bylaw.
This section shall not apply to audible sprinkler alarm bells either
mechanical or electrical which are utilized to indicate a water flow.
§ 69-5 Alarm System Regulations and Maintenance
[Amended: ATM 5-6-92,Article 35]
A. Each alarm user shall submit to the Fire Chief the names, addresses and
telephone numbers of at least two (2) persons who can be reached at any time, day
or night, and are authorized to gain access to the protected premises for the
purpose of silencing and resetting the alarm system. It shall be the alarm users
responsibility to keep this information up to date. In addition, each control panel
shall have located inside the door, the above mentioned information, as well as the
name, address and twenty-four (24) hour telephone number of the company or
individual who currently services the system.
B. Written instructions for re-setting the alarm system shall be clearly visible
on, or adjacent to, the system control panel. Once activated, the system shall not
be reset prior to the arrival of the Fire Department. Any attempt to reset a system
connected directly to the Fire Department shall be considered a violation of
M.G.L. , Section 32 of Chapter 268, (Tampering with a fire alarm signal).
If after three (3) attempts by the Fire Department, a zone or system will not reset,
the zone, or system, shall be left in an un-restored condition. The Fire Department
will attempt to notify the responsible parties identified in Section 69-5(a) of this
Bylaw. The Town assumes no liability for inability to contact listed persons or
companies. The Fire Chief or his designee may assign a paid detail to monitor the
premises until such responsible parties arrive at the protected location. The cost of
that detail and any equipment associated with it shall be born by the owner,
purchaser, lessee or renter of the system.
[43]
C. All premises shall have their legal street number clearly visible as per
existing Town Bylaw prior to connection of any alarm to the Fire Department.
D. All premises requiring a secured key access box as per Town Bylaw,
Section 68-1.1 shall have the device installed prior to issuance of a fire alarm
permit.
§ 69-6 Alarm Tests
[Amended: ATM 5-6-92,Article 35]
No alarm system designed to transmit emergency messages or signals directly to
the Fire Department shall be worked on, tested or demonstrated without first obtaining
permission form the Fire Chief or his designee. An alarm transmitted when such work is
performed without permission will constitute a false alarm and subject to the fee
assessment as shown in Section 7.0.
§ 69-7 False Alarm Assessment
[Amended ATM 5-6-92,Article 35]
Definition: The term "False Alarm" as used in this section, includes accidental alarms
caused by equipment malfunction, as well as deliberate and unnecessary activation of the
system.
A. Alarm systems which generate false alarms in any twelve (12) month period
shall be subject to the following assessment initially established:
False Alarm & Emergency Medical Systems
False Alarm Assessment
1 through 3 None
4 through 5 $200.00 each
6 or more $500.00 each
The Fire Chief shall have the authority to waive any assessment if in his judgment
extenuating circumstances justify such a waiver.
After a third false alarm within twelve (12) months, the Fire Chief shall notify the
responsible party in writing that the next false alarm incident within the current twelve
[44]
(12) month period, from the date of this first false alarm, will result in an assessment
charge.
Alarm users who present a valid service contract or similar agreement for the
protected property will receive a twenty-five dollar ($25) credit against any assessments.
It is the intent of this section to have the system maintained on a regular basis.
B. False alarms caused by faulty telephone service, municipal equipment or
electrical storms will be excluded from assessment.
C. False alarms received during the first thirty (30) days following installation
shall be discounted provided no malicious intent has occurred and every attempt
has been made to rectify new installation defects.
D. Determination that a false alarm has been transmitted will be the judgment
of the Fire Chief or his duly appointed officer.
E. Any person(s) who maliciously and/or intentionally activates a fire alarm
device, which automatically transmits an alarm to the Fire Department, when there
is no fire or emergency situation, shall be fined one thousand dollars ($1,000) in
accordance with M.G.L. Section 32 of Chapter 268.
§ 69-7.1 Connection Fees
[Amended: ATM 5-6-92,Article 35][Amended: ATM June 6, 2006,Approved By Attorney General
October 16,2006].
Each alarm user shall on or before October 1 st of each year remit to the Fire
Department a service fee for the coming year for Master Fire Alarm Boxes and Digital
Alarms. The fees shall be established by the Board of Selectmen.
Locations that have multiple master boxes as required by the Fire Department shall
be charged a fee for the initial fire alarm box only.
Fire alarm system devices owned by the Town of North Andover shall be exempt
from the provisions of Sections 69-7 and 69-7.1.
Until a new fee is established by the Board of Selectmen, the Town shall continue
to charge the same fees that were in effect immediately prior to the effective date of this
bylaw. [Amended Article 10 2006ATM]
§ 69-7.2 Violations
[Amended: ATM 5-6-92, Article 35][Amended- Replaced in its entirety by Article 22 May 12, 1998
Annual Town Meeting—Approved by Attorney General October 20, 1998]
[45]
Failure to comply with any of the requirements of Section 69-2 through 69-4 may
be punishable under the provisions of Chapter 106 of the Town Code by the Non-Criminal
Disposition of Violations method prescribed in Chapter 40, §21D.
§ 69-7.3 Appeals
[Amended ATM 5-6-92,Article 35]
Appeals for reduction or cancellation of any of the penalties assessed for violations
under this section may be directed to the Fire Chief. If the appellant is not satisfied, with
the ruling of the Fire Chief, a further appeal may be made to the Town Manager. If the
appellant is still not satisfied, a further appeal may be made to the Board of Selectmen
whose ruling shall be final and binding.
§ 69-7.4 Fees, Fines and Assessments
[Amended ATM 5-6-92,Article 35]
The Fire Chief shall annually make a recommendation to the Town Manager
relative to the adequacy of the fees, fines and assessments and the schedule relative
thereto, as cited in Section 69-2, Section 69-7, Section 69-7.1, and Section 69-7.2 above,
which may be adjusted by the Board of Selectmen as required.
§ 69-8 Forcible Entry of Unoccupied Premises
When the Fire Department responds to an alarm of fire, transmitted by a fire
detection and alarm system, where the premises are unoccupied; the Department is unable
to gain access to the structure; and is unable to contact any of the individuals listed, for
access; the Fire Officer in command, may, if he has reasonable concern or suspicion that a
fire exists within the structure, make a forcible entry to determine whether or not fire
conditions exists. If this action becomes necessary, the Fire Officer shall:
A. Notify the Police Department of this action.
B. Secure the premises insofar as feasible.
C. Continue efforts to contact the individuals listed as responsible for the
structure.
D. Enter the action taken in the Fire Department log.
§ 69-8.1 Secured Key Access
[46]
[Added 5-4-87 ATM,Article 40]
Any building other than a residential building of fewer than six (6) units which has
a fire alarm system or other fire protection systems shall provide a secure key box installed
in a location accessible to the Fire Department in case of emergency. This key box shall
contain keys to fire alarm control panels and other keys necessary to operate or service
fire protection systems. The key box shall be a type approved by the Chief of the North
Andover Fire Department and shall be located and installed as approved by the Chief,
Any building owner violating this Article after receiving due notice by the Fire Department
shall be subject to the provisions of the Non-Criminal Disposition Violations Chapter 40
§21D.
[47]
ARTICLE II
Burglar Alarm Systems
[HISTORY:Adopted: Special Town Meeting October 27, 1983,Article 5]
§ 69-9 Definitions; Word Usage
§ 69-10 Automatic Dialing Devices
§ 69-11 Direct Connections to Police Department
§ 69-12 Miscellaneous Requirements
§ 69-13 False Alarms
§ 69-14 Violations and Penalties
§ 69-15 Severability
§ 69-9 Definitions; Word Usage
A. For the purpose of this section, the following terms, phrases, words and
their derivations shall have the meanings given herein. When not inconsistent with
the context, words used in the present tense include the future. The word "shall"
is always mandatory and not merely directory.
B. As used in this Article, the following terms shall have the meanings
indicated:
ALARM CONSOLE - The instrumentation on an alarm console at the receiving
terminal of a signal line which, through both visual and audible signals, indicates activation
of an alarm system at a particular location, or which indicates line trouble.
ALARM SYSTEM - An assembly of equipment and devices or a single device
such as a solid state unit which plugs directly into a one hundred ten (I 10) volt AC line,
arranged to signal the presence of a hazard requiring urgent attention and to which police
are expected to respond, Fire alarm systems and alarm systems which monitor
temperature, smoke, humidity or any other condition not directly related to the detection
of an unauthorized intrusion into a premises, or an attempted robbery at a premises, are
specifically excluded from the provisions of this section.
ALARM USER or USER - Any person on whose premises an alarm system is
maintained within the town except for alarm systems on motor vehicles or proprietary
systems. Excluded from this definition and from the coverage of this section are central
station personnel and persons who use alarm systems to alert or signal persons within the
premises in which the alarm system is located of an attempted unauthorized intrusion or
holdup attempt. If such a system, however, employs an audible signal emitting sounds or
[48]
a flashing light or beacon designed to signal persons outside the premises, such system
shall be within the definition of"alarm system" as that term is used in this section, and
shall be subject to this section.
AUTOMATIC DIALING DEVICE - An alarm system which automatically
sends over regular telephone lines by direct connection or otherwise, a prerecorded voice
message or coded signal indicating the existence of the emergency situation that the
alarm system is designed to detect.
CENTRAL STATION - An office to which remote alarm and supervisory
signaling devices are connected, where operators supervise circuits or where guards are
maintained continuously to investigate signals,
DIRECT CONNECT - An alarm system which has the capability of transmitting
system signals to and receiving them at the Police Department alarm console.
FALSE ALARM -
1. The activation of an alarm system through mechanical failure,
malfunction, improper installation or negligence of the user of an alarm
system or of his employees or agents.
2. Any signal or oral communication transmitted to the Police Department
requesting or requiring or resulting in a response on the part of the Police
Department which in fact there has been no unauthorized intrusion or
attempted unauthorized intrusion into a premises and no attempted robbery
or burglary at a premises.
Excluded from this definition are activation's of alarm systems caused by
power outages, hurricanes, tornadoes, earthquakes and similar conditions.
INTERCONNECT - To connect an alarm system to a voice-grade telephone line,
either directly or through a mechanical device that utilizes a standard telephone, for the
purpose of using the telephone line to transmit an emergency message upon the activation
of the alarm system.
POLICE CHIEF - The Chief of Police of the town or his designated
representative.
POLICE or POLICE DEPARTMENT - The Town Police Department or any
authorized agent thereof.
PUBLIC NUISANCE - Anything which annoys, injuries or endangers the
comfort, repose, health or safety of a considerable number of persons or of any
community or neighborhood.
[49]
§ 69-10 Automatic Dialing Devices
A. The Police Chief may promulgate such rules as may be necessary for the
implementation of this section.
B. Automatic dialing devices (interconnection to Police Department): By
August 1, 1983, all dialers shall be reprogrammed to interconnect to the
alarm console at the police station.
C. Intermediary services: Any persons using an automatic dialing device may
have the device interconnected to a telephone line transmitting directly to:
1. A central station
2. An answering service.
3. Any privately owned or privately operated facility or terminal.
§ 69-11 Direct Connections to Police Department.
A. Alarm systems may be connected to the alarm console in the Police
Department.
B. Services shall be set forth in the form of a written contract between the
alarm company and each user. The provisions of this subsection relate
solely to the aforementioned alarm console, connections to said console by
alarm users, and fees and charges related to the installation and
maintenance of the console. Any alarm user may contract with any alarm
company of his choice for the sale, installation, maintenance and/or
servicing of the alarm system to be installed on his premises.
C. The alarm user or the alarm business contracting for servicing the alarm
user's alarm system shall be responsible for obtaining the leased telephone
line between the alarm user's premises and the alarm receiving equipment
at the Police Department and for furnishing the appropriate interface
equipment, if required, in order to provide an input signal which is
compatible with the receiving equipment used to operate the alarm console.
D. The provisions of Section 69-13 concerning false alarms shall apply to all
alarm users or person having direct connect systems, except municipal,
county and state agencies.
[50]
§ 69-12 Miscellaneous Requirements.
A. Every alarm user shall submit to the Police Chief the names and telephone
lines of at least two (2) other persons who can be reached at any time, day
or night, and who are authorized to respond to an emergency signal
transmitted by an alarm system, and who can open the premises wherein
the alarm system is installed.
B. All alarm systems directly connected to the police station shall be equipped
with a device which will give a ten-second delay or longer prior to alarm
system activation in order to warn the alarm user of an open alarm circuit.
C. All alarm systems installed after May 1, 1983, which use an audible horn or
bell shall be equipped with a device that will sound minutes after activation
of the alarm system.
D. Any alarm system emitting a continuous and uninterrupted signal for more
than twenty (20) minutes which cannot be shut off or otherwise curtailed
due to the absence or unavailability of the alarm user or other persons
designated by him under Subsection A of this section, and which disturbs
the peace, comfort or repose of a community, a neighborhood or a
considerable number of inhabitants of the area where the alarm system is
located, shall constitute a public nuisance. Upon receiving complaints
regarding such a continuous and uninterrupted signal, the Police Chief shall
endeavor to contact the alarm user or members of the alarm user's family
or those persons designated by the alarm user under Subsection A of this
section in an effort to abate the nuisance, The Police Chief shall cause to
be recorded the names and addresses of all complaints and the time that
each complaint was made. In the event that the Police Chief is unable to
contact the alarm user, or members of the alarm user's family or other
persons designated by the alarm user under Subsection A of this section, or
if the aforesaid persons cannot or will not curtail the audible signal being
emitted by the alarm system, and if the Police Chief is otherwise unable to
abate the nuisance he may direct a police officer or a fire fighter or a
qualified alarm technician to enter upon the property outside the home or
building in which the alarm system is located and take any reasonable
action necessary to abate the nuisance. If entry upon property outside the
home or building in which the alarm system is located is made in
accordance with this section, the person so entering upon such property
shall not conduct, engage in or undertake any search, seizure, inspection or
investigation while he is upon the property; shall not cause any unnecessary
damage to the alarm system or to any part of the home or building; and
shall leave the property immediately after the audible signal has ceased.
[51]
After entry upon property has been made in accordance with this section,
the Police Chief shall have the property secured, if necessary. The
reasonable costs and expenses of abating a nuisance in accordance with this
section shall be assessed to the alarm user, said assessment not to exceed
fifty dollars ($50). Within ten (10) days after abatement of a nuisance in
accordance with this section, the alarm user may request a hearing before
the Board of Selectmen and may present evidence showing that the signal
emitted by his alarm system was not a public nuisance at the time of the
abatement; that unnecessary damage was caused to his property in the
course of the abatement; that the costs of the abatement should not be
assessed to him or that the requirements of this section were not fulfilled.
The Board shall hear all interested parties and may, in its discretion,
reimburse the alarm user for the repairs to his property necessitated by the
abatement, or excuse the alarm user from paying the costs of the
abatement.
E. Testing of equipment.
1. No alarm system designed to transmit emergency messages directly to
the Police Department shall be worked on, tested or demonstrated without
obtaining permission from the Police Chief. Permission is not required to
test or demonstrate alarm devices not transmitting emergency messages
directly to the Police Department. An unauthorized test constitutes a false
alarm.
2. Any repair or test of private equipment that requires over twenty (20)
minutes to complete will require that an employee of the company doing
the repair, be in the North Andover Police Station to reset the alarm until
such time as the alarm is repaired or disconnected.
§ 69-13 False Alarms.
A. When emergency messages are received by the Police Department that
evidence false alarms, the Police Chief shall take such action as may be appropriate
under Subsection B, C and D of this section, and, when so required by the terms of
the aforementioned subsections, order that use of an alarm system be
disconnected.
B. After the Police Department has recorded three (3) separate false alarms
within the calendar year from an alarm system, the Police Chief shall notify the
alarm user, in person, by telephone or by mail, of such fact and require said user to
submit, within fifteen (15) days after receipt of such notice, a report describing
efforts to discover and eliminate the cause or causes of the false alarms. If said
user, on the basis of absence from the city or on any other reasonable basis,
requests an extension of time for filing the report, the Police Chief may extend the
[52]
fifteen-day period for a reasonable period. If said user fails to submit such a report
within fifteen (15) days or within any such extended period, the Police Chief shall
order that use of the alarm system be disconnected. Any such discontinuance shall
be effectuated within fifteen (15) days from the date of receipt of the Police Chief's
order.
C. In the event that the Police Department records five (5) false alarms within
the calendar year from an alarm system, the Police Chief shall order that the user
of the alarm system discontinue the use of the alarm system for the calendar year,
but for not less than six (6) months from the date the alarm was disconnected. In
the event that the Police Department records eight (8) false alarms within the
calendar year from an alarm system, the Police Chief shall order that the user of
the alarm system discontinue use of the alarm system for the calendar year, but for
not less than six (6) months from the date the alarm was disconnected.
D. Any user of an alarm system which transmits false alarms shall be assessed
a fine of twenty-five dollars ($25) for each false alarm in excess of three (3)
occurring within the calendar year. All fines assessed hereunder shall be paid to
the Town Treasurer for deposit in the general fund. Upon failure of the user of an
alarm system to pay two (2) consecutive fines assessed hereunder within sixty (60)
days of assessment, the Police Chief shall order that the user discontinue use of the
alarm system. Any such discontinuance shall be effectuated within fifteen (15)
days from the date of receipt of the Police Chief's order.
E. Any user of an alarm system who has, in accordance with this section, been
ordered by the Police Chief to discontinue use of an alarm system may appeal the
order of discontinuance to the Board of Selectmen. Notice of an appeal shall be
filed with the Clerk of the Board of Selectmen within ten (10) days of the date of
the order of discontinuance. Thereafter, the Board shall consider the merits of the
appeal, and in connection herewith shall hear evidence presented by all interested
persons. After hearing such evidence, the Board may affirm, vacate or modify the
order of discontinuance.
§ 69-14 Violations and Penalties.
A. The following acts and omissions shall constitute violations of this section
punishable by a fine of fifty dollars ($50):
1. Failure to obey an order of the Police Chief to discontinue use of an
alarm system, after exhaustion of the right of appeal.
2. Failure to disconnect an automatic dialing device from any telephone
numbers at the Police Department within six (6) months after the effective
date of this Article.
3. Interconnection of an automatic dialing device to any telephone
numbers at the Police Department after the effective date of this Article.
[53]
4. Failure to pay two (2) or more consecutive fines assessed under this
section within sixty (60) days from the date of assessment.
5. Failure to comply with the requirement of Section 69-13 of this Article.
B. Each day during which aforesaid violations continue shall constitute a
separate offense.
C. The Enforcement Agent for purposes of this Bylaw shall be the Police
Chief or his designee. [Added by Article 10 2006 Annual Town Meeting]
§ 69-15 Severability.
The invalidity of any part or parts of this Article shall not affect the validity of the
remaining parts.
[54]
Chapter 70
Automatic Amusement Devices, Licensing of
[HISTORY: Adopted by the Town of North Andover May 13, 2000 Annual Town Meeting, Article
34—Approved by Attorney General October 12,2000. Amendments noted where applicable.]
In accordance with Massachusetts General Laws, Chapter 140, Section 177A, as
amended, any individual or business desiring to keep and operate an automatic amusement
device for hire, gain or reward shall secure an annual license from the Board of Selectmen.
The Board of Selectmen shall not grant a license for any automatic amusement device
which presents a risk of misuse as a gaming device.
Automatic amusement devices that present a risk of misuse as gaming devices are
those that have one or more of the following:
The device involves matching random numbers, patterns or cards.
The device accumulates more than twenty-six (26) plays.
The device is equipped with a"knock off' switch, button or similar device.
The device has a mechanism for adjusting the odds.
The device has a remote control feature that can reset the device from another
location.
The device is capable of returning money to the player, other than change for the
excess amount put in.
The device permits a player to pay for more than one game at a time.
Each game on the device shall cost exactly the same amount for each player and no
player may change any aspect of the game by paying a different amount than any other
player before or during the game. There shall be no metering device that accounts for
both money/points in any money/points out.
The maximum number of automatic amusement devices allowed on any single
business premises shall be four (4) except in the case of duly licensed arcades and
amusement parks. Any individual or business desiring more than four (4) automatic
amusement devices on a single business premise shall require a special permit from the
Board of Appeals. All licenses for automatic amusement devices granted by the Board of
Selectmen shall be subject to inspection by the North Andover Police Department to
insure conformance with this amusement device bylaw and the submitted application
information. Any unlicensed automatic amusement device shall be subject to immediate
seizure by the North Andover Police Department.
[55]
CHAPTER 73
BEAVER BYLAW—PROTECTION FROM DAMAGE DUE TO BEAVER DAMS
AND BLOCKAGES
[HISTORY: Adopted by the Town of North Andover May 17,2004 Annual Town Meeting, Article
347—Approved by Attorney General September 12,2004]
§ 73-1 Purpose
§ 73-2 Board of Health Responsible
§ 73-3 Clarify interpretation of Section 80A
§ 73-4 Responsibility of Property Owners
§ 73-5 Town as Property Owner
§ 73-6 Board of Health to Notify Responsible Parties
§ 73-7 Town Departments as Specialists
§ 73-8 Long Term Site Management Plans
§ 73-9 Sewer Pumping Stations
§ 73-10 Fees
§ 73-11 Severability
Section 73.1: Purpose
The Town of North Andover hereby enacts this Bylaw, in strict compliance with
Massachusetts General Laws Chapter 131, Section 80A, as amended ('Section 80A'), and
all other applicable Federal and State laws, rules, and regulations (altogether, the `Rules'),
for the efficient protection of human health and safety and public and private property
from damage resulting from beaver or other animal-related dams and blockages.
Section 73.2: Board of Health Responsible
This bylaw affirms the above Rules and specified processes and directs that the Rules be
followed in their word and their intent in the Town of North Andover. The emphasis shall
be on creating an implementation that, consistent with the Rules, is effective and efficient
and minimally burdensome on the Town and its residents and property owners over both
the short and the long term. The North Andover Board of Health shall take a leadership
role and primary responsibility in defining and managing that implementation.
Section 73.3: Clarify interpretation of Section 80A
The Board of Health will actively work to formally clarify the meaning of any portions of
Section 80A about which there is doubt or differing interpretation, consistent with other
applicable laws, rules, regulations, and judicial decisions in Federal and State courts.
Section 73.4: Responsibility of Property Owners
[56]
It shall be the duty of each property owner to manage any dams or blockages on their
property in accordance with all applicable laws, rules, and regulations, and so as to
minimize or eliminate damage or threat to human health and safety of others.
Section 73.5: Town as Property Owner
As property owner, the Town is responsible for the management of dams or blockages on
Town property.
Section 73.6: Board of Health to Notify Responsible Parties
In cases where the Board of Health determines, consistent with Section 80A, that there is
a threat to human health or safety due to a dam or blockage on a particular property, the
Board will immediately notify the property owner and direct that the property owner
immediately resolve the problem consistent with Mass. General Laws Chapter 111,
Section 123.
Section 73.7: Town Departments as Specialists
The Board of Health and the Conservation Commission will actively assist in the
resolution of difficulties between property owners around these issues, and assist and
provide guidance to private property owners in the management of their own difficulties in
this regard.
Section 73.8: Long Term Site Management Plans
The Board of Health, working with the Massachusetts Division of Fisheries and Wildlife
(DFW), will take an active, leadership role in the development and approval of a
comprehensive, practical, long term management plan for each site where there is
determined to be an issue within the scope of Section 80A.
The Town will store all such plans, make available copies for use in other situations where
a plan is being developed, and provide copies at cost whenever requested; preferably also
making all such plans freely available on the Town website for easy reference.
A long term plan shall be for a site, not an individual. As such, a long term plan may run
with the land.
All persons to whose property access is required to implement a long term plan, or whose
property is affected by the problem, may be a part of the preparation of and agreement to
such plan.
A long term plan shall be for the foreseeable future, although any plan is modifiable
whenever the need arises. Such plans shall be written and shall be specific about what is to
[57]
be done, who is responsible, the geographic area of the site, and what inspections are to be
performed to verify that the plan is being followed.
A long term plan should strive to minimize the number of other permits required to be
obtained and kept in effect.
Section 73.9: Sewer Pumping Stations
In addition to continuing to work together for the protection of our sewer pumping
stations and our water supply, the Division of Public Works and the Water and Sewer
Departments (herein DPW+W+S) shall be knowledgeable about all waterways near or
affecting sewer pumping stations. The DPW+W+S shall proactively address any site
where a dam or blockage is likely to impact a sewer pumping station.
Section 73.10: Fees
The Board of Selectmen is authorized to establish a comprehensive fee schedule under this
bylaw. Said fee schedule, to the extent allowed by law, shall supersede related fee
schedules established by other town departments and/or boards. The intent of this section
is to establish one unified fee structure relating to beaver control.
Section 73.11: Severability
If any provision of this bylaw is determined to be invalid, such determination shall not
affect the validity of the other provisions of this bylaw, which other provisions shall remain
in full force and effect.
Chapter 77
BUILDING CONSTRUCTION
[HISTORY: Adopted by the Town of North Andover April 26, 1980 Annual Town Meeting,Article
50. [Deleted and Replaced- Artilce 10, 2006 Annual Town Meeting]Amendments noted where
applicable.]
§ 77-1 Building Permit Fees, Exclusive of Mechanical and Utility Fees
§ 77-1 Building Permit Fees, Exclusive of Mechanical and Utility Fees
[Amended: Annual Town Meeting April 25,1981, Article 21; Annual Town Meeting April 27,1985,
Article 54; Annual Town Meeting May 5,1992, Article 36; Annual Town Meeting May 3,1993,
Article 28;Annual Town Meeting June 6,2006,Article 10]
[58]
The following costs and fees shall be established by the Board of Selectmen:
A. A per square foot cost factor which shall be used to estimate the cost of
new construction.
B. Fees for new construction at a rate per thousand dollars of estimated cost
of construction or actual contract price, whichever is greater.
C. Fees for additions, alterations and remodeling at a rate per thousand dollars
based upon the estimated cost of construction. Estimated construction cost of additions,
alterations and remodeling shall be the actual contract price. There shall be a minimum fee
per permit to be established by the Board of Selectmen.
D. Copies of the actual contract price shall be submitted with the Building
Permit Application.
E. Building permit fees shall be required for municipally owned buildings and
structures. Building permit fees for buildings and structures wholly owned by the Town of
North Andover may be waived, in whole or in part, only by the Board of Selectmen based
on the Board's determination of the benefits accruing to the Town from such a waiver. In
all cases, fees will be required for mechanical and utility permits.
The Building Inspector shall periodically make a recommendation to the Town
Manager relative to the adequacy of the fees, fines and assessments and the schedule
relative thereto, as cited above, which may be adjusted by the Board of Selectmen as
required.
Until a new fee is established by the Board of Selectmen, the Town shall continue
to charge the same fees that were in effect immediately prior to the effective date of this
bylaw.
[59]
Chapter 88
DOGS
[HISTORY: Adopted by the Town of North Andover as Ch. 7 of the General Bylaws. Amendments
noted where applicable.]
§ 88-1 Leash Required
§ 88-2 Impoundment; Redemption Fee
§ 88-3 Restraint Order
§ 88-4 Disposal of Unclaimed Dogs
§ 88-5 License Fees
§ 88-6 Removal of Feces
§ 88-7 Violations and Penalties
§ 88-8 Nuisances
§ 88-1 Leash Required.
No owner or keeper of any dog shall permit it to leave its owner's or keeper's
premises unless it is held firmly on a leash. The owner or keeper of a dog shall be that
person normally responsible for the maintenance and upkeep of the premises upon which
the dog is kept, and need not necessarily be the person to whom a dog license may have
been issued. The Dog Officer shall be the enforcing officer of this chapter and may seek
complaints against persons in violations hereof under provisions of Massachusetts General
Laws C. 140, Sec, 173A.
§ 88-2 Impoundment; Redemption Fee.
[Amended: Annual Town Meeting April 25, 1981,Article 25][Deleted and Replaced:Article 10 June
6, 2006 Annual Town Meeting,Approved by Attorney General October 16,2006]
A. The Dog Officer may cause a dog to be impounded if it be found without a
proper license or found at large or out of control outside of the bounds of the
property of its owner or keeper.
B. An impounded dog shall be released to its owner or keeper upon payment
of an administrative fee and the pound fees, which fees shall be established by the
Board of Selectmen, and, if necessary, upon its being properly licensed.
Until a new fee is established by the Board of Selectmen, the Town shall continue
to charge the same fees that were in effect immediately prior to the effective date of this
bylaw.
§ 88-3 Restraint Order.
[60]
The Dog Officer may order the owner or keeper of a dog to restrain it after
it has been impounded twice; he may remove such an order or restraint if he is satisfied
that the dog is unlikely to repeat its offense. Any person who fails to comply with any
outstanding order of restraint shall be deemed to have committed a breach of this chapter.
§ 88-4 Disposal of Unclaimed Dogs
A dog impounded and unclaimed by its owner or keeper after ten-day
period shall be disposed of in accordance with the provisions of Massachusetts General
Laws C. 140, Sec. 151A.
§ 88-5 License Fees.
[Added: Annual Town Meeting April 25, 1981, Article 26][Deleted and Replace:Annual Town
Meeting June 6,2006,Article 10,Approved by Attorney General October 16,2006]
All dogs six (6) months old or older must be licensed and tagged.
All dog license fees shall be established by the Board of Selectmen.
Until a new fee is established by the Board of Selectmen, the Town shall continue to
charge the same fees that were in effect immediately prior to the effective date of this
bylaw.
§ 88-6 Removal of Feces.
[Annual Town Meeting May 12, 1998, Article 48 — Approved by Attorney General October 20,
1998]
The person owning or in charge of a pet shall be responsible for the prompt
removal of any feces deposited on public or private property, except on the property of
the owner of the pet or with permission of the owner or occupant of the property. The
penalty for violations shall be $25 for each offense. This regulation shall not apply to a
dog accompanying any handicapped person who, by reason of his or her handicap, is
physically unable to comply with the requirements of this bylaw or to any individual who
utilizes a guide dog.
§ 88-7 Violations and Penalties
The penalty for violations of this chapter shall be in accordance with
Massachusetts General Laws C. 140, Sec. 173A.
§ 88-8 Nuisances
[61]
[Added: Annual Town Meeting May 10, 2005, Article 22 —Approved by Attorney General August
29,2005]
No owner shall fail to exercise proper care and control of his or her dog to prevent
said dog from becoming a public nuisance. Barking frequently or for continued duration or
making sounds which create a noise disturbance across a residential real property
boundary, molesting passersby, chasing vehicles, habitually attacking people or other
domestic animals, trespassing upon school grounds or trespassing upon private property in
such manner as to damage property shall be deemed a nuisance. The penalty for violations
shall be $25 for the first offense and $50 for each additional offense. Violations of this
bylaws shall be handled as a noncriminal offense in accordance with the provisions of
Massachusetts General Laws Chapter 40, § 21D.
[62]
Chapter 101
FEES
[HISTORY: Adopted by the Town of North Andover 4-24-82 Annual Town Meeting, Article 14.
Amendments noted where applicable.]
§ 101-1 Fees Enumerated
§ 101-2 Residuals Management Facility - Fee in Lieu of Taxes
§ 101-3 Town Clerk Fees
§ 101-1 Fees Enumerated
[Amended Annual Town Meeting May 10, 2005—Article 20—Attorney General Approval—August
29, 2005][Deleted and Replaced-Article 10 June 6, 2006 Annual Town Meeting-Approved by
Attorney General October 16,2006]
The following fees shall be established by the Board of Selectmen:
A. Fees for automatic amusement device licenses pursuant to Massachusetts
General Laws c. 140, sec. 177a.
B. Fees for sealing of weights and measures services pursuant to
Massachusetts General Laws c. 98, sec. 56.
Until a new fee is established by the Board of Selectmen, the Town shall continue
to charge the same fees that were in effect immediately prior to the effective date of this
bylaw.
§ 101-2 Residuals Management Facility - Fee in Lieu of Taxes.
[Amended Annual Town Meeting May 11, 1998—Article 17—Attorney General Approval—October
20,1998]
1. Any private operator of the Facility (or its substantial equivalent) shall pay to the
Town of North Andover the sum of$5.58 multiplied by the number of tons of residual
waste received per year at the Facility.
2. The fee shall be collected and paid as follows:
a. Within thirty days after the first quarter of operations, the operator of the
Facility shall mail to the North Andover tax collector a notice indicating the number of
tons of waste residuals received at the Facility within that quarter. The tax collector shall
promptly mail to the operator of the Facility a notice indicating the amount of fee due for
that quarter, based on $5.58 per ton of waste residuals received during that quarter.
[63]
b. Within thirty days of receipt of the notice from the tax collector, the operator
shall pay the fee specified in the notice.
c. If the operator objects to the amount of the fee, within thirty days of receipt of
the notice, the operator may file an objection with the North Andover Board of Assessors,
provided that the operator has paid the fee pursuant to the preceding subparagraph (b).
The operator may object to the fee on the basis of one or more of the following:
i. Based upon applicable laws, regulations, and practices, the taxable
value of the facility is less than the currently estimated nine $9,969,238;
ii. The amount of taxes that would be paid if the facility were taxable is
less than the currently estimated $162,997.04 per year;
iii. The volume of waste residuals received at the facility is more than the
currently estimated 29,200 tons per;
iv. The fee amount is otherwise not substantially equivalent to the amount
of taxes that would be assessed if the Facility were taxable.
d. If the Board of Assessors resolves one or more of the foregoing objections in
favor of the operator, it shall reduce the fee so that the fee multiplied by the number of
tons of waste residuals received at the facility in that quarter does not exceed the amount
of taxes that would be lawfully assessed if the facility were taxable, based on the value of
the Facility and the tax rates in effect at the time of the objection. The Board of Assessors
shall provide prompt notice of such fee reduction to the owner and operator of the
Facility, the tax collector, and the Town Manager. The recalculated fee shall govern the
fee amount for the remainder of the fiscal year in question. In addition, the fee assessed
for the subsequent quarter shall be reduced by the amount of the excess payment for the
first quarter.
e. The tax collector shall assess the fee in such a manner that the timing of the
procedures identified above coincides as much as possible with the timing of procedures
for the assessment of real estate taxes in North Andover.
3. Notwithstanding the preceding provisions, at the expiration of three years of actual
operation, the Board of Assessors shall recalculate the fee to ensure that the fee
multiplied by the number of tons of waste residuals received at the facility is equivalent
to the amount of taxes that would be lawfully assessed if the facility were taxable,
based on the value of the Facility and the taxation rates in effect at the time of
recalculation, and the amount of waste received at the Facility during the preceding
year. The Assessor shall provide prompt notice of such fee alteration to the owner and
operator of the Facility, to the tax collector, and to the Town Manager. The
recalculated fee shall govern for the next three years, subject to the provisions for
objection and recalculation set forth in paragraph 2.
[64]
4. Notwithstanding the preceding provisions, under no circumstances shall the fee exceed
any limits established by the Department of Environmental Protection. Should the
Department of Environmental Protection establish such limits, and should the fee
exceed those limits, the Board of Assessors shall alter the fee so that it does not
exceed any such limits. The Board of Assessors shall provide prompt notice of such
fee reduction to the owner and operator of the Facility, to the tax collector, and to the
Town Manager.
5. The provisions of this bylaw are severable, and should a court of final jurisdiction
determine that any provisions are unlawful, any provisions that have not been declared
unlawful shall remain in full force and effect.
§ 101-3 Town Clerk Fees.
[Amended Special Town Meeting November 17, 2003 — Article 12 - Attorney General Approval—
January 22,2004]
ITEM FEE
Vital Records - Certified $8.00
Vital Records - Affidavit of Correction $25.00
Filing Delayed Vital Record $25.00
Recording "Out of Commonwealth" Vital Events $25.00
Genealogy-Written $5.00
Intention of Marriage $40.00
Business Certificate (DB/A)-Issuance $40.00
Change of DB/A- Residence, Discontinuance $15.00
Certificate Practice of Podiatry, Optometry $25.00
Certificate Practice Physician, Osteopath $25.00
Filing Declaration of Trust or Amendment $25.00
Section 22 Chapter 166 Recordings (Poles) $40.00
Flammable Storage Tank Registration (per site) $150.00
Raffles and Bazaars (Non-Profits Only) $50.00
Street Listing Book $25.00
Filing Bond - Blasting Operations - C. 148 §40 $25.00
Filing Bond - Fireworks Storage - C. 148 §40 $25.00
Entertainment Licenses—7 Day $100.00
Entertainment License— Sunday $ 20.00
[65]
A review and adjustment of these fees may be made by the Board of Selectmen
whenever deemed necessary.
[66]
Chapter 105
FIREARMS AND EXPLOSIVES
[HISTORY: Adopted by the Town of North Andover as Ch. 8 Sec. 8.2 of the General Bylaws.
Amendments noted where applicable.]
§ 105-1 Prohibited Use
§ 105-1 Prohibited Use.
No person shall fire or discharge any firearms or explosives of any kind on private
property, except with the consent of the owner of legal document thereof, provided,
however, that this chapter shall not apply to the lawful defense of life or property nor to
any law enforcement officer acting in the discharge of his duties.
[67]
CHAPTER 106
FIRE PREVENTION
[HISTORY: Adopted by the Town of North Andover as Chapter 106 by Article 21 Annual Town
Meeting May 12, 1998 — Approved by Attorney General October 20, 1998. Amendments noted
where applicable.]
The Fire Prevention Code for the Town of North Andover shall consist of this
chapter and Chapter 69, Alarm Systems, and Chapter 109, Fire Lanes, together with the
regulations of the Massachusetts Board of Fire Prevention Regulations, set forth in 527
CMR and Chapter 7, Fire Resistent Materials and Construction, and Chapter 9, Fire
Protection Systems, of the Massachusetts Building Code, set forth at 780 CMR.
[Added by Article 21 Annual Town Meeting May 12, 1998 — Approved by Attorney General
October 20,1998]
Without intending to limit the generality of the foregoing, the Fire Prevention
Code for the Town of North Andover and penalties therefore may be enforced by the non-
criminal disposition method in accordance with G.L. Ch 40 S. 21D. The penalties set
forth herein shall apply to each separate offense or violation of the code. The Fire Chief or
his/her designee shall be the enforcing person for the Code. The penalty for violation of
the Code under the non-criminal disposition method shall be as follows:
First Offense $25.00
Second and subsequent offenses of the same violation $50.00
An enforcing person taking notice of a violation may give to the offender a
written notice to appear before the clerk of the Lawrence District Court within twenty-one
days of the date of the notice in accordance with the provisions of G.L. c.40 §21D. Any
person so notified may so appear and confess the offense charged, in person, or by mailing
payment to the Town Clerk in the amount of the penalty. If a person so notified desires to
contest the violation, he may, within twenty-one days of the date of the notice request a
hearing before the District Court, in accordance with the procedures set forth in G.L.
Chapter 40 §21D.
[68]
Chapter 107
FIRE HYDRANTS
[HISTORY: Adopted by the Town of North Andover as Ch. 5, Sec. 5.3 of the General Bylaws.
Amendments noted where applicable.]
§ 107-1 Permission to Open
§ 107-2 Obstruction or Alteration
§ 107-3 Failure to Comply
§ 107-1 Permission to Open.
[Amended: Annual Town Meeting May 4, 1987,Article 41]
No person shall open any hydrant of the water system of the town without
permission previously obtained from the Director of Public Works; provided, however,
that nothing in this section shall be construed to prohibit the use of hydrants and water by
the Chief of the Fire Department or the person acting in his stead, in case of fire.
§ 107-2 Obstruction or Alteration.
[Added: Annual Town Meeting May 4, 1987,Article 41]
A. No person, except those authorized by the Director of Public Works or the
North Andover Fire Chief, shall obstruct the access to or impede the operation of
or alter the appearance of any hydrant of the water system of the town.
B. No planting or structure shall be maintained for a distance of a ten-foot
radius from the top of the hydrant.
§ 107-3 Failure to Comply
[Added: Annual Town Meeting May 4, 1987,Article 41]
Any obstruction or alteration shall be corrected to comply with the bylaw.
Any costs incurred for correction shall become the burden of the person responsible for
such obstruction or alteration and shall, if unpaid, become a lien upon that person's
property.
[69]
Chapter 109
FIRE LANES
[HISTORY: Adopted by the Town of North Andover April 27, 1985 Annual Town Meeting,Article
53. Amendments noted where applicable.]
§ 109-1 Determination of Necessity; Installation
§ 109-2 Obstruction of Private Ways
§ 109-3 Designation of Fire Lanes
§ 109-4 Enforcement
§ 109-5 Towing of Vehicles
§ 109-1 Determination of Necessity; Installation.
Upon determination by the Fire Chief that fire lanes are necessary for the
protection of the lives or property of the public in an area to which the public has access,
the owner or the person having control of such premises shall provide, install and maintain
"No Parking-Fire Lanes" signs and striping in the location designated by the Fire Chief.
§ 109-2 Obstruction of Private Ways.
It shall be unlawful to obstruct or block a private way to an area to which the
public has access so as to prevent fire apparatus or other emergency equipment from
gaining access to any building thereon.
§ 109-3 Designation of Fire Lanes
Dimensions; Properties Requiring Them
It shall be unlawful to obstruct or park any vehicle in any fire lane, such fire lane to
be designated by the Chief of the North Andover Fire Department. These fire lanes to be
posted and marked as such. Said fire lanes shall include a distance of twelve (12) feet
from the curb at a sidewalk or in the absence of sidewalks and curbings, the distance shall
be eighteen (18) feet from the building. The properties involved shall be shopping centers,
apartment complexes, hospitals, nursing homes, theaters and schools or other areas to
which the public has access.
§ 109-4 Enforcement. [Amended by Article 23, ATM May 12, 1998 Approved by
Attorney General October 20, 1998]
These traffic regulations are enforced by the Police Department of the Town of
North Andover subject to fine by issuance of a citation (ticket).
[70]
§ 109-5 Towing of Vehicles
If vehicles are impeding access of emergency vehicles, the Police Department shall
have the authority to tow such vehicles to a storage facility designated by the North
Andover Police Department. Such towing charge to become the responsibility of the
owner of towed vehicle.
[71]
Chapter 112
FOOD SERVICE ESTABLISHMENTS
[HISTORY: Adopted by the Town of North Andover as Ch. 6, Sec. 6.5 of the General Bylaws.
Amendments noted where applicable.]
§ 112-1 Authority of Selectmen
§ 112-1 Authority of Selectmen.
The Selectmen may, for the purpose of controlling and abating noise, promulgate
orders, not inconsistent with any governing statute, establishing the hours during which
any holder of a common victual's license may open his licensed premises to the public.
[72]
Chapter 115
GARBAGE, RUBBISH AND REFUSE
[HISTORY: Adopted by the Town of North Andover 11-24-80 Special Town Meeting, Article 1.
Amendments noted where applicable.]
§ 115-1 Weekly Collection
§ 115-2 Placement of Refuse for Pickup
§ 115-3 Commercial, Business or Industrial Complex
§ 115-4 Responsibility of Building Owners
§ 115-5 Refuse Restricted Activity
§ 115-6 Penalties
§ Weekly Collection.
[Amended: Annual Town Meeting May 9, 1990,Article 27] [Amended Article 22 2001 Annual Town
Meeting.Approved by Attorney General September 12,2001]
The Division of Public Works shall each week collect the refuse and trash
of
A. Each detached single-family residence and each multiple dwelling that:
1. Contains fewer than nine (9) living units; and
2. Is not part of any apartment or condominium complex containing nine
(9) living units or more.
3. Not withstanding the foregoing, the Town will provide customary
residential trash pick-up for the residential units of Village Green at
North Andover Condominium Trust, which are located on duly
excepted public ways. Not withstanding the forgoing, the Town will
provide customary residential trash pick up for the owner occupied
Town House Homes of Andrew Circle. Townhouse Homes is a non-
profit organization of 8 residential units per building (3 buildings
total).
B. Each building used for commercial, business or industrial purposes where
the amount of refuse produced is no more than eight (8) thirty gallon barrels per
week and the building is not commercial, business or industrial complex.
[73]
§115-2 Placement of Refuse for Pickup
Service will be provided only if the refuse and trash is placed on the side of
the highway in front of said residence or multiple dwelling or building.
§115-3 Commercial, Business or Industrial Complex
Any building or aggregation of buildings (such as a shopping mall,
industrial park, office complex or other like development) containing four (4) or more
businesses, industries or commercial enterprises shall be deemed to constitute a
commercial, business or industrial complex for purposes of this chapter if legal title to the
building or aggregation of buildings is in single,joint or common ownership.
§115-4 Responsibility of Building Owners.
It shall be the duty of each owner of a multiple-dwelling building or
apartment or condominium complex containing nine (9) living units or more and each
owner of a building utilized for commercial, business or industrial purposes which does
not qualify for trash pickup under the criteria set forth in Section 115-B to cause to be
removed at his own cost and expense all refuse and trash produced therein.
§115-5 Refuse Restricted Activity
[Amended: Annual Town Meeting May 3, 1993,Article 42]
To be in compliance with the State solid waste facility regulation 310 CMR
19.017 & DPW's Guidance Document #7 (DSWM Guidance SWM-7-9/92), the Town of
North Andover enacts a mandatory bylaw, which states as of April 1, 1993, the following
will not be allowed in the garbage, rubbish and refuse/trash.
Glass Containers: Glass bottles and jars (soda-lime glass) but excluding light bulbs,
Pyrex cookware, plate glass, drinking glasses, windows, windshields and ceramics.
Metal Containers: Aluminum steel or bi-metal beverage and food containers, including
scrap metal.
Yard Waste: Grass clippings, weeds, garden materials, shrub trimmings, and
brush F or less in diameter (excluding diseased plants);
Leaves: Deciduous and coniferous leaf deposition;
Lead Acid/Batteries:Lead-acid batteries used in motor vehicles or stationary
applications;
[74]
White Goods: Large appliances including: refrigerators, freezers, dish washers,
clothes dryers, gas or electric ovens and rangers, and hot water heaters;
Whole Tires: Unshredded motor vehicle tires of all types. (A shredded tire is a
tire which has been cut, sliced, or ground into four or more pieces such that the circular
form of the tire has been eliminated.)
§115-6 Penalties
[Amended ATM 5-3-93,Article 42]
Any or all of the items in 115-5 commingled with garbage, rubbish, or
refuse will be reason for the Division of Public Works or its agents to refuse to pick up
such commingled items from that dwelling.
[75]
Chapter 117
GAS STATIONS
[HISTORY: Adopted by the Town of North Andover as Ch. 6, Secs. 6-4 and 6.6 of the General
Bylaws. Amendments noted where applicable.]
§ 117-1 Hours of operation
§ 117-2 Types of permitted stations
§ 117-1 Hours of operation
For the purpose of controlling and abating noise, no automobile service
station within the town shall conduct business, except in case of an emergency, between
the hours of 10:00 p.m. and 5:30 a.m.
§ 117-2 Types of permitted stations
[Amended: STM 12-10-87,Article 8;ATM 5-3-93,Article 41]
Gasoline stations may be operated as either full service, where gasoline is
pumped by employees holding the nozzle; self-service where gasoline is generally pumped
by the customer holding the nozzle; or a combination of full service and self-service,
provided that such gasoline stations meet all applicable requirements of law and provided
that in conjunction with self-service pumps or islands an employee is on the premises to
aid those in need of assistance.
[76]
Chapter 122
HAWKERS AND PEDDLERS
[HISTORY: Adopted by the Town of North Andover as Ch 6, Sec. 6.1 of the General Bylaws.
Amended: ATM May 23, 1995 Article 58] [Amended: ATM 5-13-96,Article 45]
§ 122-1 License Required; Exception
§ 122-2 Special Events—Prohibited Sales
§ 122-3 Enforcement
§ 122-4 Violations/Penalty
§ 122-1 License Required; Exception.
No person shall go through the streets or ways of the town as a hawker or
peddler, selling or exposing for sale, fruits or vegetables, without first obtaining a written
license from the Selectmen of the town; provided that this chapter shall not apply to a
person engaged in the pursuit of agriculture who peddles fruits or vegetables.
§ 122-2 Special Events—Prohibited Sales.
[Amended: Annual Town Meeting May 13, 1996,Article 45]
No person, during any parade,festival,concert,sporting event or other public event
shall use, sell, or distribute on any street, sidewalk, or public way of the town or upon any
property owned by the town, a product known as "silly string" or any similar product sold
or used for amusement that ejects a soft rubbery substance; any aerosol can that ejects
paint, shaving cream,foam or makes loud noises or any explosive device.
Parades
[Amended: ATM May-13-96,Article 45]
Any hawkers or peddlers selling goods, wares, and merchandise in conjunction
with or in the vicinity of any parade, including, without limitation the Fourth of July
Parade, in the Town of North Andover, shall be subject to the following restrictions.
1. Hawkers and peddlers shall at all times remain a distance of at least thirty
(30) from the center-line of the street or roadway of the parade route.
2. No explosive devices such as hand thrown Caps or similar products
capable of making explosive noises shall be sold.
[77]
3. All hawkers and peddlers shall display their license number in a
conspicuous manner at all times.
4. All hawkers and peddlers shall make any goods, wares or merchandise,
which they offer or intend to offer for sale, available for inspection by the
Police or Fire Chiefs or their designees.
§ 122-3 Enforcement.
The Enforcement Agent for the purpose of this bylaw shall be the Chief of
Police or his designees.
§ 122-4 Violations/Penalty.
Any person or organization violating any of the provisions of this bylaw
shall be subject to a fine of three hundred ($300) dollars, and each day a violation occurs
shall be considered a separate offense. This penalty may be enforced under the provisions
of the non-criminal provisions contained in Article 1, Section 4, of the Town's General
Bylaws.
[78]
Chapter 125
HISTORIC DISTRICT
[HISTORY: Adopted by the Town of North Andover May 4, 1987 Annual Town Meeting, Article
15. Amendments noted where applicable.]
§ 125-1 Title
§ 125-2 Purpose
§ 125-3 Establishment
§ 125-4 Historic District Commission
§ 125-5 Powers and Duties of Commission
§ 125-6 Limitations and Exemptions
§ 125-7 Procedures
§ 125-8 Town to be Subject to Provisions
§ 125-9 Amendments
§ 125-10 Severability
§ 125-11 When Effective
§ 125-1 Title
This chapter shall be known and may be cited as the "North Andover Old
Center Historic District Bylaw" and is adopted pursuant to Chapter 40C of the General
Laws of the Commonwealth of Massachusetts, as amended.
§ 125-2 Purpose
The purpose of this chapter is to promote the educational, cultural,
economic and general welfare of the public through the preservation and protection of
distinctive historical and architectural characteristics of buildings and places in the Old
Center area of the Town of North Andover through the maintenance and improvement of
such buildings and places and the encouragement of appropriate and compatible design in
this area.
§ 125-3 Establishment.
There is hereby established under the provisions of Chapter 40C of the
General Laws an historic district to be known as the "Old Center Historic District" which
district shall be bounded as shown on the map entitled "North Andover Old Center
Historic District, 1987" attached and made part of this chapter.
Editor's Note: The Historic District Map is on file in the office of the Town Clerk.
[79]
§ 125-4 Historic District Commission.
There is hereby established under Chapter 40C of the General Laws an
Historic District Commission consisting of seven (7) members and two (2) alternate
members, all residents of the Town of North Andover, appointed by the Board of
Selectmen; including one (1) member, where possible, from two (2) nominees submitted
by the North Andover Historical Commission; one (1) member, where possible, from two
(2) nominees submitted by the North Andover Historical Society; one (1) member, where
possible from two (2) nominees submitted by the Greater Lawrence Board of Realtors;
one (1) member, where possible, from two (2) nominees, submitted by the Massachusetts
State Chapter of the American Institute of Architects; and one (1) member who is both a
resident of and owner of property in the Old Center Historic District. The Board of
Selectmen shall submit written requests for nominations to the organizations named
herein. If no nomination has been made within thirty (30) days after submitting a request,
the Selectmen may proceed without waiting for the requested nomination. When the
Commission is first established, three (3) members shall be appointed for three-year terms,
two (2) members and one (1) alternate member shall be appointed for two-year terms and
two (2) members and one (1) alternate member shall be appointed for one-year terms.
Successors shall each be appointed for a term of three (3) years. Vacancies
shall be filled within sixty (60) days by the Board of Selectmen by appointment for the
unexpired term. In the case of absence, inability to act or unwillingness to act because of
self-interest by a member, the Chairman may designate an alternate member of the
Commission to act for a specified time. If any member is absent from three (3)
consecutive Commission meetings, the Chairman may appoint an alternate member as a
replacement to serve for the remainder of that member's term, whereupon the Board of
Selectmen shall appoint a new alternate member. Each member and alternate member
shall continue in office until his or her successor is duly appointed. All members and
alternate members shall serve without compensation. The Commission shall elect annually
a Chairman and a Vice Chairman from its own number and a Secretary from within or
without its number. Meetings of the Commission shall be held only if attended by a
quorum of at least five (5) members, including alternate members designated to act as
members. If the Chairman is absent from a meeting of the Commission, the Vice
Chairman shall act as Chairman. Decisions of the Commission at a meeting require a
majority vote of the members, including designated alternates, who are present at the
meeting.
§ 125-5 Powers and Duties of Commission.
A. The Commission shall have all the powers and duties of Historic District
Commissions as provided by the Historic District Act, General Laws, Chapter
40C, and by subsequent amendments thereto, unless specifically limited by this
chapter. The Commission may adopt rules and regulations not inconsistent with
the provisions of the Historic District Act. The Commission may, subject to
[80]
appropriation, employ clerical and technical assistants or consultants and incur
other expenses appropriates to the carrying on of its work.
B. The Commission shall have control over new construction, reconstruction,
alterations, relocation and demolition of all exterior architectural features of
buildings and structures within the Old Center Historic District which are clearly
visible from any public street, public way or public land within the district, except
as limited by this chapter. The terms used in this chapter shall have meanings set
forth in Massachusetts General Laws C.40C, Sec. 5. For purposes of this chapter,
any structure partially within the Historic District shall be considered wholly within
the district.
C. In passing upon matters before it the Commission shall consider, among
other things, the historical and architectural value and significance of the site,
building or structure, the general design arrangement of the features involved and
the relation of such features to similar features of buildings and structures in the
surrounding area.
§ 125-6 Limitations and Exemptions.
A. The Commission shall not act to prevent or unnecessarily delay new
construction, reconstruction or alterations except for the purpose of preventing
developments incongruous to historical considerations and architectural features of
value, viewed in relation to the surrounding area.
B. The following are exempt from review or control by the Commission
(except as specifically noted):
1. Ordinary maintenance, repair or replacement of any external
architectural features if this does not involve a change in design or
materials.
2. Actions required by a duly authorized public officer necessary for public
safety in the event of an unsafe or dangerous conditions.
3. Landscaping with plants, trees, or shrubs.
4. Terraces, walks, sidewalks, driveways and other similar structures,
provided that the structure is at grade level. (Parking lots require
Commission review.)
5. Storm doors and windows, screen doors and windows, window air
conditioners, residential light fixtures and conventional antennae no larger
than six (6) feet in any dimension. (Dish antennae and solar collectors
require Commission review.)
6. Paint color and roofing material.
7. Temporary signs or structures to be in use for not more than ninety (90)
days.
[81]
8. Signs used for residential occupation or professional purposes, of not
more than one(1) square foot in area, provided that no more than one (1)
sign is displayed on or near any one (1) building or structure and the sign
consists of lettering painted on wood without a symbol or trademark.
(Signs for commercial and institutional purposes require Commission
review.)
9. Reconstruction substantially similar in exterior design of a building,
structure or exterior architectural feature damaged or destroyed by fire,
storm or other calamity, provided that such reconstruction is begun within
one (1) year thereafter and is carried forward with due diligence.
10. All interior architectural features, and those exterior architectural
features which are not clearly visible from any public street, public way or
public land within the Old Center Historic District.
§ 125-7 Procedures.
A. Except as this chapter provides in Section 125-6, no building or structure
within the Historic District shall be constructed or altered in any way that affects
exterior architectural features unless the Commission shall first have issued a
certificate of appropriateness, a certificate of nonapplicability or a certificate of
hardship with respect to such construction or alteration. Nor shall any building
permit for demolition be issued for any building or structure within the Historic
District until the certificate required by this section has been issued by the
Commission.
B. Applications for certificates shall be made in triplicate, one (1) copy being
filed with the Historic District Commission, one (1) with the Building Inspector
and one (1) with the Town Clerk. Applications shall include plans and elevations,
drawn to scale, detailed enough to show architectural design of the structure and
its relation to the existing building, and other materials deemed necessary by the
Commission. Plot and site plans should be filed when an application is made for
improvements involving applicable landscape features such as walls and fences. In
case of demolition or removal, the application must include a statement of the
proposed condition and appearance of the property thereafter.
C. Within fourteen (14) days of the filing of an application for any certificate,
the Commission shall determine whether the application involves any features
which are subject to approval by the Commission.
D. If the application requires the Commission's review or, at the request of the
applicant, the Commission shall hold a public hearing, unless waived according to
the provision of Chapter 40C of the General Laws as amended. Public notice of
the time, place and purpose of the hearing shall be given at least fourteen (14) days
in advance and the Commission must notify by mail affected parties as provided in
Chapter 40C of the General Laws as amended.
[82]
E. The Commission shall decide upon the determination of any application
within sixty (60) days of its filing or within such further time as the applicant may
allow in writing.
F. A certificate of appropriateness shall be issued to the applicant if the
Commission determines that the proposed construction or alteration will be
appropriate for or compatible with the preservation or protection of the Historic
District. In the case of a disapproval of an application for a certificate of
appropriateness, the Commission shall place upon its records the reasons for such
determination and shall forthwith cause a notice of its determinations,
accompanied by a copy of the reasons therefor as set forth in the records of the
Commission, to be issued to the applicant, and the Commission may make
recommendations to the applicant with respect to appropriateness of design. Prior
to the issuance of any disapproval the Commission may notify the applicant of its
proposed action, accompanied by recommendations of changes in the applicant's
proposal which, if made would make the application acceptable to the
Commission. If, within fourteen (14) days of the receipt of such notice, the
applicant files a written modification of his application in conformity with the
recommended changes of the Commission, the Commission shall issue a certificate
of appropriateness to the applicant.
G. Upon request, the Commission may issue a certificate of non-applicability
to any applicant whose request does not require Commission approval.
H. If an application is deemed inappropriate or if application is made for a
certificate of hardship, the Commission may issue a certificate of hardship if
conditions especially affecting the building or structure involved, but not affecting
the Historic District generally, would make failure to approve an application,
involve a substantial hardship, financial or otherwise, to the applicant and approval
would not involve substantial detriment to the public welfare. A certificate of
hardship shall also be issued in the event that the Commission does not make a
determination of an application within the time specified in Subsection E.
L Each certificate shall be dated and signed, and the Commission shall keep a
permanent record of its determinations and of the vote of each member
participating therein, and shall file a copy or notice of certificate and
determinations of disapproval with the Town Clerk and the Building Inspector.
J. Any person aggrieved may, within twenty (20) days of the decision by the
Commission, appeal to a superior court sitting in equity. The Commission must
pay costs if it appears to the court that the Commission has acted with gross
negligence, bad faith or malice.
[83]
K. Violation of any of the provisions of this chapter shall incur a fine of not
less than ten dollars ($10) nor more than one hundred dollars ($100) as determined
by the Commission, each day constituting a separate offense.
§ 125-8 Town to be Subiect to Provisions.
The Town of North Andover shall be subject to the provisions of this
chapter notwithstanding any town bylaw to the contrary.
§ 125-9 Amendments.
This chapter may be amended from time to time by a two-thirds vote of the
Town Meeting, subject to the procedures as set forth in Massachusetts General Laws
C.40C, Sec. 3.
§ 125-10 Severability.
In case any section, paragraph or part of this chapter be for any reason
declared invalid or unconstitutional by any court of last resort, every other section,
paragraph or part shall continue in full force and effect.
§ 125-11 When Effective
Following Town Meeting approval, this chapter takes effect immediately
when the following conditions have been met: approval by the Attorney General of the
Commonwealth; and filing of a map of the boundaries of the Historic District with the
North Andover Town Clerk, the North Andover Building Inspector and the Registry of
Deeds for North Essex County.
[84]
Chapter 127
JUNK DEALERS
[HISTORY: Adopted by the Town of North Andover as Chapter 6, Section 2 of the General
Bylaws. [Amended: Deleted and Replaced June 6, 2006 Annual Town Meeting — Article 10 —
Approved by Attorney General October 16,2006] [Amendments noted where applicable.]
§ 127-1 License Required; Fee; Duration
§ 127-1 License Required; Fee; Duration.
No person shall keep a shop for purchase, sale or barter of junk, old metal
or secondhand articles, or shall go from house to house collecting or procuring by
purchase or barter any such articles, without a written license from the Board of
Selectmen. The Board of Selectmen shall set the fee for such license. Each license
shall continue in force until the first day of May ensuing unless sooner revoked by
the Selectmen.
Until a new fee is established by the Board of Selectmen, the Town shall continue
to charge the same fees that were in effect immediately prior to the effective date of this
bylaw.
[85]
Chapter 129
LICENSES AND PERMITS
[HISTORY: Adopted by the Town of North Andover as Chapter 129 of the General Bylaws.Annual
Town Meeting May 3, 1993-Amendments noted where applicable.]
§ 129-1 Licenses and Permits
A. The tax collector or other municipal official responsible for records of all
municipal taxes, assessments, betterments and other municipal charges, hereinafter
referred to as the tax collector, shall annually furnish to each department, board,
commission or division, hereinafter referred to as the licensing authority, that
issues licenses or permits including renewals and transfers, a list of any person,
corporation, or business enterprise, hereinafter referred to as the party, that has
neglected or refused to pay any local taxes, fees, assessment, betterments or other
municipal charges for not less than a twelve (12) month period, and that such party
has not filed in good faith a pending application for an abatement of such taxes or
a pending petition before the appellate tax board.
B. The licensing authority may deny, revoke or suspend any license or permit,
including renewals and transfers of any party whose name appears on said list
furnished to the licensing authority from the tax collector; provided, however, that
written notice is given to the party and the tax collector, as required by applicable
provisions of law, and the party is given a hearing, to be held not earlier than
fourteen days after said notice. Said list shall be prima facie evidence for denial,
revocation or suspension of said license or permit to any party. The tax collector
shall have the right to intervene in any hearing conducted with respect to such
license denial, revocation or suspension. Any findings made by the licensing
authority with respect to such license denial, revocation or suspension shall be
made only for the purposes of such proceeding and shall not be relevant to or
introduced in any other proceeding at law, except for any appeal for such license
denial, revocation or suspension. Any license or permit denied, suspended or
revoked under this Bylaw shall not be reissued or renewed until the licensing
authority receives a certificate issued by the Tax Collector the party is in good
standing with respect to any and all local taxes, fees, assessments, betterments or
other municipal charges, payable to the municipality as the date of issuance of said
certificate.
[86]
C. Any party shall be given an opportunity to enter into a payment agreement,
thereby allowing the licensing authority to issue a certificate indicating said
limitations to the license or permit and the validity of said license be conditioned
upon the satisfactory compliance with said agreement. Failure to comply with said
agreement shall be grounds for the suspension or revocation of said license or
permit; provided however, that the holder be given notice and a hearing as
required by applicable provisions of law.
D. The Board of Selectmen may waive such denial, suspension or revocation
if it finds there is no direct or indirect business interest by the property owner, its
officers or stockholders, if any, or members of his immediate family, as defined in
Section 1 of M.G.L. Chapter 268 in the business or activity conducted in or on
said property.
This Bylaw shall not apply to the following licenses and permits issued under the
following M.G.L. Chapters; open burning, Section 13 of Chapter 48; bicycle permits,
Section 11A of Chapter 85; sales of articles for charitable purposes, Section 33 of Chapter
101; children work permits, Section 69 of Chapter 149; clubs, associations dispensing
food or beverage licenses, Section 21E of Chapter 140; dog licenses, Section 137 of
Chapter 140; fishing, hunting, trapping license, Section 12 of Chapter 131; marriage
licenses, Section 28 of Chapter 207 and theatrical events, public exhibition permits,
Section 181 of Chapter 140.
[87]
Chapter 130
LITTERING
[HISTORY: Adopted by the Town of North Andover as Chapter 5, Section 5.4 of the General
Bylaws; amended in its entirety May 2, 1988 Annual Town Meeting,Article 18. [Amended: Article
10 June 6,2006 Annual Town Meeting—Approved by Attorney General October 16,2006]
§ 130-1 Prohibited Activity
§ 130-2 Violations and Penalties
§ 130-1 Prohibited Activity.
Except on land or in receptacles designated by the town for dumping or
placing of trash, no person shall in any manner, whether from on foot or from any vehicle,
throw, drop or discard upon any property, public or private (except that owned or leased
by him/her), any trash or litter of any kind whatsoever. Notwithstanding the foregoing, it
is further understood that the accumulation of litter or trash on private property so as to
blight the appearance of the neighborhood shall be a violation of this chapter.
§ 130-2 Violations and Penalties
Any person found guilty of violation of this chapter shall be punished by the
payment of a fine of not less than two hundred dollars ($200) nor more than a law shall
allow. Each day after an initial citation shall constitute a separate offense until the litter is
removed.
The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his
designee.[Article 10 June 6,2006 Annual Town Meeting]
[88]
Chapter 136
NEWSRACKSYLACEMENT AND MAINTENANCE
[HISTORY: Adopted by the Town of North Andover as Chapter 136 of the General Bylaws; in its
entirety May 10,2005 Annual Town Meeting,Article 18. Approved by Attorney General August 29,
2005. Subsequent amendments noted where applicable.]
§ 136-1 Definitions.
§ 136-2 Certificate of Compliance
§ 136-3 Fees.
§ 136-4 Standards
§ 136-5 Attachment to Property.
§ 136-6 Advertising Prohibited.
§ 136-7 Installation, Maintenance, and Delivery Time.
§ 136-8 Enforcement Procedures.
§ 136-9 Fees For Removal and Storage.
§ 136-10 Regulations.
§ 136-11 Effect on Other Laws.
§ 136-12 Severability
§ 136-13 Effective Date.
§ 136-1 Definitions.
When used in this Bylaw, unless the context otherwise requires, the following terms
shall have the following meanings:
a. 'Director" shall mean the Director of the Public Works Department of the Town of
North Andover or such person as said Director may from time to time designate.
b. "Newsrack" shall mean any type of self-service device for the vending or free
distribution of newspapers, periodicals or printed material of whatever nature.
c. "Certificate of Compliance" shall mean the Certificate of Compliance issued by the
Director to the Certificate Holder in accordance with the provisions of this Bylaw.
d. "Certificate Holder" shall mean the holder of a Certificate of Compliance issued by
the Director in accordance with the provisions of this Bylaw. A Certificate Holder is
responsible for the installation and maintenance of newsracks encompassed by any
Certificate of Compliance issued pursuant to the provisions of this Bylaw and for
compliance with all provisions contained herein.
e. "Operator" shall mean any natural person or other legal entity including, but not
limited to, corporations, partnerships, joint ventures and the like who own, operate or are
otherwise in control of a newsrack.
f. "Public way" shall mean any public highway, private way laid out under authority of
statute, way dedicated to public use, or way under the control of the Town Department of
Public Works, School Department, or other body having like power.
[89]
§ 136-2 Certificate of Compliance.
a. Requirement. No person shall place, affix, erect, maintain or continue to maintain a
newsrack in or on any part of a public way without first obtaining a Certificate of
Compliance from the Director in accordance with the provisions of this Bylaw.
b. The Certificate of Compliance must be renewed annually by application to the
Director.
c. Issuing Authority. The Director shall be the issuing authority and coordinator of the
application process and administration of this Bylaw.
d. Approving Authority. The approving authority shall be the Director. The Director or
his/her designee shall review and approve for compliance with Section 136-2, entitled
Certificate of Compliance, Section 136-4, entitled Standards, and Section 136-7, entitled
Installation, Maintenance and Delivery Time.
e. Application Process. Applicants must complete a written application on a form
provided by the Director.
f. Application. The application shall describe in sufficient detail, the number, location
and type of newsracks for which the Certificate of Compliance is sought and shall contain
the following information:
1. the name, address and telephone number of the applicant who is the
owner/operator or other person who is the principal responsible person in charge of the
newsrack(s); and
2. the name, address and telephone number of a natural person (if different from the
applicant) whom the Town may notify and/or contact at any time concerning the
applicant's newsracks. This person would be responsible for receiving complaints and
notices of violations when a Certificate of Compliance is issued and for providing
information relating to the application during the application process; and
3. the number of newsracks and a written description specifying the proposed
approximate location of each; and
4. a certificate of insurance naming the Town of North Andover as an additional
insured in an amount sufficient to indemnify the Town and hold it harmless from any and
all claims or judgements for personal and bodily injury, including death, or property
damage and from costs and expenses to which the Town may be subjected or which it may
suffer or incur by reason of the design, placement, installation, operation or maintenance
of any of the applicant's newsracks. Reasonable evidence of self-insurance coverage may
be substituted by the applicant for the certificate of insurance. The amount of insurance
coverage required shall be determined by the Town. Insurance under this section shall
run continuously with the presence of the applicant's newsrack in Town of North Andover
public ways and any termination or lapse of such insurance shall be a violation of this
Bylaw, subject to appropriate remedy under Section 136-8 of this Bylaw; and
5. a certification from the applicant stating that the proposed location for all of the
newsracks listed in the application are in compliance with the provisions of this Bylaw.
g. Issuance of a Certificate of Compliance. Upon a finding by the Director that the
applicant is in compliance with the provisions of this Bylaw, the Director shall issue a
Certificate of Compliance for installation by the applicant. The Director shall issue a
partial Certificate of Compliance upon a finding that some of the proposed newsrack
locations are in compliance with the provisions of this Bylaw. Issuance of a Certificate of
[90]
Compliance or a partial certificate of compliance shall designate the applicant to be the
Certificate Holder. The Director shall issue a Certificate of Compliance within ten days of
the Director's receipt of the completed application.
Proposed locations shall be approved on a first come, first serve basis by the Director.
No preference shall be given to applicants who might have had newsracks in a particular
location prior to the effective date of this Bylaw.
h. Denial of Certificate of Compliance. If an application for a newsrack location is
denied, the Director shall notify the applicant within ten days of the Director's receipt of
the completed application. The Director shall state the specific reasons for denial. The
applicant may reapply for a substitute alternative location without having to pay an
additional application fee. An applicant who has been denied a Certificate of Compliance
pursuant to this Bylaw may appeal within thirty (30) days of such denial by requesting in
writing to the Director an appearance before the Director to review said denial. The
appeal shall be heard by the Director within twenty (20) days of receipt of the appeal. The
decision on the appeal shall be sent to the applicant within five (5) days after the hearing.
i. The Director reserves the right to order by written notice to the Certificate Holder that
newsracks be removed from an approved location, either temporarily or permanently, in
the interests of public safety.
§ 136-3 Fees.
a. There shall be a Certificate of Compliance fee in the amount of two hundred
($200.00) dollars paid to the Town. This fee shall be due upon initial application and
upon each annual renewal.
b. Additional Certificate of Compliance. If at any time after the Director has issued a
Certificate of Compliance a Certificate Holder proposes to install additional newsracks,
then the provisions of Section 136-2 are to be repeated. Additional Certificate of
Compliance fees shall be in accordance with Section (a), except that the Certificate of
Compliance fee is waived if previously paid.
c. In addition to the Certificate of Compliance fee, an annual fee of ten ($10.00) dollars
per newsrack authorized shall be paid to the Town to offset the Town's cost of monitoring
compliance with this Bylaw.
d. Where the Director has required newsracks to be set in corrals, or at hitching posts
pursuant to Section 136-4 below, additional fees shall be imposed by the Director on
Certificate Holders to offset the Town's costs for each such corral or hitching post used by
such Certificate Holder.
e. Upon a showing of significant financial hardship, whereby the payment of the full
Certificate of Compliance fee will impair the ability of the publisher to distribute a
publication through newsracks to members of the public, the Director may reduce the fee
due upon initial application or upon an annual renewal by an amount s/he determines, in
her or his sole discretion, as appropriate.
§ 136-4 Standards.
[91]
a. Placement. Subject to the prohibitions contained in this section newsracks shall be
placed parallel to and not less than eighteen (18") inches nor more than twenty-four (24")
inches from the edge of the curb. Newsracks so placed shall face the sidewalk, not the
street. Newsracks placed near the wall of a building or other structure must be placed
parallel to and not more than six (6") inches away from the wall.
No newsrack(s) shall be affixed, erected, installed, placed, used or maintained:
1. at any location in excess of eight (8) feet in width (plus the width of a newsrack)
whereby the clear space for the passage of pedestrians is reduced to less than eight (8) feet
in width; or, if the sidewalk location is less than eight (8) feet in width (plus the width of a
newsrack), then the clear space for the passage of pedestrians shall not be reduced to less
than five (5) feet in width; however, a width of four (4) to five (5) feet may be approved
by the Director if requested, only after the Director consults with the Pedestrian
Committee and the Disabilities Commission as to whether the particular location at issue
necessitates the four (4) to five (5) foot width, and whether the pedestrian passage in that
location could safely and reasonably be reduced to a width of four (4) to five (5) feet; and
2. within five (5) feet of any marked, or unmarked crosswalk or handicapped ramp; and
3. within five (5) feet of any fire hydrant, fire lane, fire call box, police call box or other
emergency facility, mail box, telephone booth or stand; and
4. within five (5) feet of any part of a curb return of a curb ramp or driveway, or in the
case of a curb ramp or driveway without a curb return, within five (5) feet of the point
where the curb edgestone or edging begins a change in grade toward the driveway or
ramp on each side thereof, or in the case of a termination of the curb, edgestone or edging
without a change in grade or a turn, within five (5) feet of the point of the same terminates
on each side of the ramp or driveway; and
5. within five (5) feet of any traffic control signal or traffic sign; and
6. within five (5) feet of a bicycle rack; and
7. within five (5) feet ahead or fifteen (15) feet to the rear of any designated bus stop,
taxi stand, valet parking area, loading zone or fire lane, or any disabled parking space,
unless such newsrack is placed parallel against a wall that is within four (4) feet of a
designated bus stop, taxi stand, valet parking area, loading zone or fire lane and the
newsrack so placed does not project into or otherwise interfere with the unobstructed flow
of pedestrian and vehicular traffic;
8. which in any way protrudes onto a street; or
9. on any sidewalk immediately abutting a public school.
The Director may require that newsracks at locations in which more than three (3) are
adjacent shall be set within an open-ended corral installed by the Town; and the Director
may require that newsracks at a particular location be chained to each other and/or to a
permanent hitching post installed by the Town. The Director may choose the locations for
corrals and hitching posts based on the history of misaligned or knocked over newsracks
at the location, the high volume of pedestrian traffic at the location, or the relatively high
concentration of newsracks at the location. However, nothing in this paragraph shall be
construed to limit the locations at which corrals and hitching posts may be required.
§ 136-5 Attachment to Property.
[92]
a. Attachment to Trees and Other Objects Prohibited. Except to the extent permitted by
regulations promulgated by the Director, no operator shall place or cause to be placed and
no operator shall suffer to remain any newsrack chained or otherwise attached to any tree,
street light post, traffic signal or sign.
b. Attachment to Other Newsracks. Newsracks, when placed side by side, may be
chained or otherwise attached to one another, provided that no group of newsracks shall
extend for a distance of more than eight (8) feet along a curb, and a space of not less than
five (5) feet shall separate each group of newsracks.
§ 136-6 Advertising Prohibited.
It shall be unlawful for any operator to use a Newsrack for advertising other than that
dealing with the display, sale or purchase of the publications dispensed therein.
§ 136-7 Installation, Maintenance, and Delivery Time.
Newsracks shall be of a sturdy material and installed or otherwise placed and
maintained by the Certificate Holder in accordance with the following provisions:
a. Each newsrack shall prominently display the name, address and phone number of a
person or entity responsible for that newsrack.
b. Each newsrack shall be:
1. installed or placed on the pavement in an upright, sufficiently weighted and secure
position;
2. of a type that is completely enclosed, with a self-closing door that is either self-
latching or otherwise requires manual or mechanical release at each use; and
3. maintained in a state of good repair and in a neat and clean condition; and
4. maintained in a condition that is free of accumulations of outdated printed
materials, trash, rubbish, or debris; and
5. handicapped accessible, as defined by the state Architectural Access Board.
c. Each newsrack shall be regularly serviced so that:
1. it is kept reasonably free of graffiti; and
2. it is kept reasonably free of chipped, faded, peeling and cracked paint in the visible
painted areas thereof, and
3. it is kept reasonably free of rust and corrosion in the visible unpainted metal areas
thereof, and
4. the clear glass or plastic parts thereof, if any, through which the printed material is
being dispensed are not broken and are kept reasonably free of tears, peeling or fading;
and
5. the structural parts of the newsrack are not broken or unduly misshapen.
d. Anyone disturbed by noise from the delivery of papers to any newsrack may complain
to the Director. The Director shall forthwith notify the Certificate Holder of the
complaint. The Certificate Holder shall contact the complainant and attempt to resolve the
complaint. If the complaint is not resolved to the complainant's satisfaction within ten
[93]
(10) days, the complainant may request a meeting before the Director, or his/her designee,
and the Certificate Holder. After such meeting, the Director shall have authority to impose
a reasonable resolution to the complaint, including ordering the relocation of the
newsrack/s causing the noise problem.
§ 136-8 Enforcement Procedures.
a. Non-Conforming Newsracks. Any newsrack found not to be in compliance with this
Bylaw shall be subject to the enforcement provisions contained herein.
b. Abandonment. In the event that any newsrack installed pursuant to the provisions of
this Bylaw does not contain the printed material being dispensed therein for a period of
seventy-two (72) hours after the release of the current issue, the Director may deem the
newsrack abandoned and take appropriate action under this Bylaw A newsrack shall
otherwise be deemed abandoned if no printed material is found in the newsrack for a
period of more than fifteen (15) consecutive days. In the event that a Certificate Holder
voluntarily abandons a newsrack location, the Certificate Holder shall so notify the
Director, completely remove the newsrack and restore the public way to a safe condition.
c. Enforcement.
1. Enforcement of the provisions of this Bylaw shall be carried out by the Director.
Upon a determination that a violation of any provision of this Bylaw exists the Director
shall notify the Certificate Holder of the violation in writing by first class mail. The notice
shall include:
a. the location of the newsrack; and
b. the date of the incident or other cause giving rise to the violation; and
c. a brief and concise statement of the facts causing the violation.
2. The notice shall inform the Certificate Holder that at the expiration often (10) days
from the receipt of the violation notice, the newsrack will be removed by the Director,
unless the violation is corrected.
3. Upon removal of a newsrack, the Director shall send, by first-class mail, written
notice of such removal to the Certificate Holder.
4. Notwithstanding the provisions of the foregoing paragraphs l(a) - l(c) of this
section, the Director may order the immediate removal of any newsrack(s) that the
Director determines presents an imminent threat or peril to public safety, provided that the
Certificate Holder shall be notified of such removal as soon as practicable thereafter, and
further provided that any newsrack so removed shall be stored a period of thirty (30) days
in order to allow the Certificate Holder to retrieve the newsrack. If the Director removes
a newsrack under this section (4) which does not have a Certificate of Compliance, the
Director shall dispose of the newsrack at the end of the thirty (30) day period.
§ 136-9 Fees For Removal and Storage.
a. A newsrack removed pursuant to this Bylaw may be retrieved by the Certificate
Holder at any time within thirty (30) days of its removal upon payment of a removal fee of
twenty-five ($25.00) dollars plus a storage fee of five ($5.00) dollars per day, to a
maximum combined removal and storage fee of one hundred ($100.00) dollars.
[94]
b. After thirty (30) days, any newsracks removed by the Director pursuant to Section
136-8 of this Bylaw shall be deemed "abandoned property" and become the property of
the Town of North Andover.
c. Failure of a Certificate Holder to retrieve a newsrack within the specified thirty (30)
day period shall not operate to dismiss any fees owed to the Town for removal and
storage of such newsrack. Unpaid fees accrued pursuant to this Section 136-9 shall be
considered a debt payable to the Town.
§ 136-10 Regulations.
The Director may, with the approval of the Town Manager, promulgate such rules and
regulations consistent with the provisions of this Bylaw and the laws of the
Commonwealth of Massachusetts as shall carry out the purposes of this Bylaw.
§ 136-11 Effect on Other Laws.
Nothing in this Chapter shall affect the adoption of regulations affecting newsracks by
other government bodies, such as historic district commissions, to the extent such bodies
are authorized to adopt such regulations.
§ 136-12 Severability.
The provisions of this Bylaw shall be severable and if any section, part, or portion
hereof shall be held invalid for any reason by any court, the decision of such court shall not
affect or impair any remaining section, part or portion thereof.
[95]
Chapter 141
PEACE AND GOOD ORDER
[HISTORY: Adopted by the Town of North Andover as Chapter 5, Section 5.6 of the General
Bylaws. Amendments noted where applicable.]
§ 141-1 Disorderly Conduct
§ 141-2 Loitering
§ 141-3 Consumption of Alcoholic Beverages
§ 141-4 Trespassing
§ 141-1 Disorderly Conduct.
No person shall behave in a rude or disorderly manner, nor use loud,
profane or indecent language, nor throw stones, snowballs or other missiles in any street
or other public place.
§ 141-2 Loitering.
No person shall loiter upon any sidewalks, street or way of the town or
upon private property thereto without the consent of the owner thereof, after has been
requested by a constable or police officer to depArticle
§ 141-3 Consumption of Alcoholic Beverages.
No person shall drink any alcoholic beverages as defined in Massachusetts
General Laws C. 138, Sec. 1, while on, in or upon any public way or upon any way to
which the public has a right of access, or any place to which members of the public have
access as invitees or licensees, park or playground or private land or place without consent
of the owner or person in control thereof. All alcoholic beverages being used in violation
of this chapter shall be seized and safety held until final adjudication of the charge against
the person or persons arrested or summoned before the court, at which time they shall be
returned to the person entitled to lawful possession, provided that such portion of the
above-defined beverages used for analysis shall be disposed of according to law.
§ 141-4 Trespassing.
A. There shall be no trespassing on any property normally used for school
purposes while school is in session, nor from one (1) hour after sunset to one (1)
hour before sunrise.
B. There shall be no trespassing at any time on any of the town triangles.
There shall be no trespassing in parks and playgrounds from one (1) hour after
[96]
sunset to one (1) hour before sunrise on any day. No use shall be made of town
forest and town farm grounds from sunset to sunrise except with the special
permission of the Selectmen.
[97]
Chapter 146
Recreational Uses on Lake Cochichewick and Its
Tributaries
[HISTORY: Adopted by the Town of North Andover May 13, 2000 Annual Town Meeting, Article
33 - Approved by Attorney General October 12, 2000 and by the Director of Law Enforcement for
the Division of Fisheries &Wildlife & Environmental Law Enforcement. Amendments noted where
applicable.]
§ 146-1 Prohibitions
§ 146-1 Prohibitions.
All gasoline or diesel powered engines, containers that transport any type of
gasoline or diesel fuel, or anything that uses such fuels, such as, but not limited to: boats,
snowmobiles, ice augers, generators, stoves or lamps, are prohibited, unless other wise
authorized by the Department of Public works for lake monitoring and/or
safety/emergency procedures.
[98]
Chapter 147
RECYCLING
[HISTORY: Adopted by the Town of North Andover as Chapter 5, Section 5.5 of the General
Bylaws. Amendments noted where applicable.]
§ 147-1 Unauthorized Removal of Materials to be Recycled Prohibited
GENERAL REFERENCES
Garbage, rubbish and refuse - See Chapter 115.
§ 147-1 Unauthorized Removal of Materials to be Recycled Prohibited.
The removal from a public sidewalk, way or any usual point of residential
rubbish pickup, of any material specifically set apart from ordinary household rubbish for
the purpose of being recycled, under the recycling program of the town, by any persons
other than those properly authorized to pick up such material, is hereby expressly
prohibited.
[99]
Chapter 154
SEWERS
[HISTORY: Adopted by the Town of North Andover as Chapter 5, Section 5.2 of the General
Bylaws. Amendments noted where applicable.]
§ 154-1 Common Sewer Connections
§ 154-2 Regulations for House Drains
§ 154-3 House Drain Connection License Required
§ 154-1 Common Sewer Connections.
The Board of Selectmen may declare any sewer laid in any land, street or
way, public or private, opened or proposed to be opened for public travel, to be a
common sewer and the same shall not be laid or connected with any existing common
sewer except by the town officials authorized by law to lay and maintain common sewers.
§ 154-2 Regulations for House Drains.
The Board of Health may make and enforce regulations for the public
health and safety relative to house drainage and its connections with sewers, if a public
sewer abuts the estate to be drained.
§ 154-3 House Drain Connection License Required.
A. No person shall enter his drain into any common sewer without a written
license from the Board of Selectmen, and any person entering under such license
shall comply with such rules and regulations as to material and construction as the
Board of Selectmen may prescribe. Said Board may close any drain entering a
common sewer for failure to comply with the provisions of this chapter.
B. No excavation shall be made within a public way in connecting such private
drains with a common street except under the direction of the Director of Public
Works, or other persons having charge of the streets of the town.
[100]
Chapter 15 8
SOLICITATION
[HISTORY: Adopted by the Town of North Andover, Annual Town Meeting May 4-,1994,Article
18][Amended:Article 10 June 6, 2006 Annual Town Meeting — Approved by Attorney General
October 16,2006]
§ 158-1 Purpose
§ 158-2 Definitions
§ 158-3 Exception
§ 158-4 Registration
§ 158-5 Registration Fee
§ 158-6 Investigation
§ 158-7 Registration Cards
§ 158-8 Notice Regulating Solicitation
§ 158-9 Duties of Solicitors
§ 158-10 Restrictions on Methods of Solicitation
§ 158-11 Revocation of Licenses
§ 158-12 Penalty
§ 158-13 Severability
§ 158-14 Fees
§ 158-1 Purpose.
This Bylaw, adopted pursuant to Massachusetts General Laws, Chapter
43B, Section 13 and Article 89 of the Amendments to the Constitution of the
Commonwealth of Massachusetts, establishes registration requirements and specific
operation requirements for all persons intending to engage in door-to-door canvassing or
solicitation in the Town of North Andover in order to:
1. Protect its citizenry from disruption of the peaceful enjoyment of their
residences and from the perpetration of fraud or other crimes; and
2. To allow for reasonable access to residents in their homes by persons or
organizations who wish to communicate either commercial or non-commercial
messages.
§ 158-2 Definitions.
"Solicitor" or "Canvasser" is defined as any person who, for himself or for
another person, firm or corporation travels by foot, automobile or other type of
convenience from place to place, from house to house, or from street to street, taking or
attempting to lease or take orders for retail sale of goods, wares, merchandise, or services,
including without limiting, the selling, distributing, exposing for sale or soliciting orders
[101]
for magazines, books, periodicals or other articles of a commercial nature, the contracting
of all home improvements, or for service to be performed in the future whether or not
such individual has, carries or exposes for retail sale a sample of the subject of such sale or
whether he is collecting advance payment on such retail sales.
"Residence" shall mean and include every individual dwelling unit occupied
for residential purposes by one or more persons.
"Registered Solicitor" shall mean any person who has obtained a valid
certificate of registration from the Town, as required under this Bylaw.
§ 158-3 Exception.
The provisions of this Bylaw shall not apply to any person duly licensed
under Chapter 101, or to any person exempted under Chapter 101, Chapter 149, Section
69, Chapter 180, Section 4, or to any person exempted by any other General Law, or
officers or employees of the Town, County, State or Federal government when on official
business or route salesmen or other persons having established customers to whom they
make periodic deliveries to such customers or from making calls upon prospective
customers to solicit an order for future periodic route deliveries including news carriers.
This Bylaw shall not prevent persons from engaging in the pursuit of soliciting for
charitable, benevolent, fraternal, religious or political activities.
§ 158-4 Registration.
Every person or organization intending to engage in soliciting or
canvassing door-to-door in the Town of North Andover must register with the Police
Department at least seven (7) days in advance by filing a registration application form with
the Chief of Police. Such form will be signed under the penalties of perjury and contain
the following information:
A. Name of Applicant
B. Address of applicant. Business, local and home address.
C. Telephone number of applicant. Business and home numbers.
D. Applicant's social security number.
E. The length of time for which the right to do business is desired. No
registration will be granted for a period longer than 90 days.
F. A brief description of the nature of the business and the goods to be sold.
G. The name, home office address and telephone number of the applicant's
employer. If self-employed, it shall so state.
[102]
H. A photograph of the applicant, which shall be provided by the applicant,
and be 2"x2" , and will show the head and shoulders of the applicant in a clear and
distinguishing manner. This provision may be waived by the Chief of Police for
local non-profit organizations.
L If operating or being transported by a motor vehicle(s): The year, make
model, vehicle identification number, registration number, state of registration
and the vehicle's owner and address, for each vehicle, will be provided.
J. The names of the three most recent communities (if any) in which the
applicant has solicited or canvassed door-to-door.
In addition, a list of names, addresses, dates of birth, and social security numbers
of all individuals who will be employed in canvassing or solicitation and those supervising
such individuals as a roster of local non-profit canvassers or solicitors will be attached to
the application. The Chief of Police may refuse to register an organization or individual
whose registration has been revoked for violation of this Bylaw within the previous two-
year period.
§ 158-5 Registration Fee.
[Deleted and replaced:Article 10, June 6, 2006 Annual Town Meeting-
Approved by Attorney General October 16, 2006]
Each applicant for registration or re-registration shall pay a non-refundable fee to
the Town at the time of application. The registration fee shall be established by the Board
of Selectmen. A registration fee must be paid for each person who will be engaged in
soliciting or canvassing or the supervision of canvassing or soliciting. The fee may be
waived at the discretion of the Chief of Police for a non-profit organization with proof of
non-profit status.
Until a new fee is established by the Board of Selectmen, the Town shall continue
to charge the same fees that were in effect immediately prior to the effective date of this
bylaw.
§ 158-6 Investigation.
Upon receipt of the application, the Chief of Police shall investigate the
applicant's background and reputation. Within seven (7) days of the filing of the
application, the Chief shall endorse on such application his approval or disapproval.
§ 158-7 Registration Cards.
The Chief of Police shall furnish each person engaged in solicitation or canvassing
with a registration card which will contain the following information:
[103]
A. Name of person
B. Recent 2"x2" photograph supplied by the individual to be registered.
C. Name of organization that the person represents.
D. A statement that the individual has been registered with the Police
Department but that registration is not an endorsement of any individual or
organization.
E. Specific dates or period of time covered by the registration.
This fee may be waived at the discretion of the Chief of Police for non-profit
organizations with proof of non-profit standing.
§ 158-8 Notice Regulating Solicitation.
Every occupant of a residence desiring to secure additional protection, as provided
by this Bylaw shall comply with the following requirements:
A. A weatherproofed card, approximately 3"x5" in size shall be exhibited
upon or near the main entrance door to the residence or at the beginning of the
driveway indicating the determination by the occupant, as to whether solicitors or
canvassers are invited to the residence by the following applicable words:
"No Solicitors or canvassers Invited"
No Solicitors or Canvassers Invited Before the Hour of
AM or after the Hour of PM"
Further, it shall be unlawful for any canvasser or solicitor to enter the
premises of a resident or business who has displayed a"No Trespassing" or No Soliciting"
sign or poster.
§158-9 Duties of Solicitors.
A. It shall be the duty of every solicitor or canvasser, upon going onto any
residential premises in the Town of North Andover, to first examine the notice
provided for in Section 8 of the Bylaw, if any is exhibited.
If notice stated "No Solicitors or Canvassers Invited" then the solicitor or
canvasser shall immediately and peacefully depart from the premises.
If the notice limits the hours of the solicitation, the solicitor or canvasser shall
comply with the limits noted.
[104]
B. Person engaged in solicitation or canvassing, including supervisors, must
carry the registration card at all times and present the card to any person solicited
or upon request of a police officer.
C. Immediately upon gaining entrance to any residence, each solicitor
canvasser must do the following:
L Present this registration card for inspection by the occupant.
11. Request that the occupant read the registration card.
111. Inform the occupant in clear language of the nature and purpose of
his business and, if he is representing an organization, the name and nature
of the organization.
D. Any solicitor or canvasser who has gained entrance to any residence,
whether invited or not, shall immediately, and peacefully depart from the premises
when requested to do so by the occupant.
E. It shall be the duty of every organization employing solicitors or canvassers
to notify the Police Department daily as to what area(s) of the Town they will be
operating in.
§ 158-10 Restrictions on Methods of Solicitation.
A. No solicitor or canvasser, licensed or exempted from licenses, may
misrepresent, in any manner, the buyer's right to cancel as stipulated by Chapters
93, 93A and 255D of General Laws.
B. No solicitor or canvasser licensed or exempted from license, may use any
plan scheme or ruse which misrepresents the true status or mission of the person
making the call in order to gain admission to a prospective buyer's home, office or
other establishment with the purpose of making a sale of consumer goods or
services.
C. No solicitor or canvasser, licensed or exempted from license, shall falsely
represent, directly or by implication, that the solicitation or canvassing is being
done on behalf of a governmental organization.
D. No solicitor or canvasser, licensed or exempted from license, shall solicit or
canvass at any residence without express prior permission of an occupant, before
8:00 AM or after 8:30 PM where there is not a sign posted otherwise limiting
solicitation or the hours of solicitation.
[105]
E. No solicitor or canvasser, licensed or exempted from license, shall go upon
any residential premises and ring the doorbell or rap or knock upon the door of the
residence or create any sound in any manner calculated to attract the attention of
the occupant of such residence for the purpose of solicitation or canvassing in
defiance of the notice exhibited at the residence in accordance with Section 9.
§ 158-11 Revocation of Licenses.
The Chief of Police is hereby vested with jurisdiction over the revoking of
a registered solicitor for any violation of the provisions contained within this Bylaw or
who knowingly provides false information on the registration application. Any person
aggrieved by such revocation may appeal to the Town Manager within 7 business days in
writing, and hearing will be scheduled within 5 business days.
§ 158-12 Penalty.
Any person or organization violating any of the provisions of this Bylaw
shall be subject to a fine of$100.00 for each offense. This penalty may be enforced under
the provisions of the non-criminal disposition provisions contained in Article 1, Section
4.0 of the Town's General Bylaws.
The enforcement agent for purposes of this bylaw shall be the Police Chief
or his designee. [Added: June 6,2006 Annual Town Meeting—Article 10—Approved by Attorney
General October 16,2006]
§ 158-13 Severability.
Invalidity of any individual provision of this Bylaw shall not affect the
validity of the Bylaw, as a whole.
§ 158-14 Fees.
Any fines established by the Bylaw may be changed, from time to time, by
an action of the Board of Selectmen.
[106]
Chapter 161
STREETS AND SIDEWALKS
[HISTORY: Adopted by the Town of North Andover as Chapter 5, Section 5.1 of the General
Bylaws. Amendments noted where applicable.]
§ 161-1 Authority to Regulate; Penalties
§ 161-2 Snow and Ice Removal
§ 161-3 Street Excavation Permit
§ 161-4 Driveway Permits
§ 161-5 Leaf Regulations - Penalties
§ 161-1 Authority to Regulate; Penalties.
A. The Selectmen may make such rules and regulations as they deem
necessary, under the revised laws, in relation to the passage of vehicles through the
streets and ways of the town.
B. Any violation of said rules and regulations shall be punished by a fine of not
less than one dollar ($1) nor more than twenty dollars ($20).
§ 161-2 Snow and Ice Removal.
No snow or ice shall be deposited upon any portion of a way open to public travel
for the safe maintenance of which the town is responsible, except by town employees
acting in the proper performance of their duties. This provision shall not prohibit an
occupant of premises abutting upon such a way from clearing snow or ice from a sidewalk
in front of such premises, or from that part of any driveway or other means of access from
such premises to the way, provided that such clearing does not result in a narrowing of the
traveled portion of the way as defined by prior snow removal procedures performed by
town employees.
§ 161-3 Street Excavation Permit.
No person shall make any excavation or other substantial change in a town
way open to public travel without first obtaining a permit thereof from the Director of
Public Works. Such a permit shall be granted only upon a written application therefor,
which shall contain such information as to the proposed excavation change as the
Director of Public Works may require, and the permit may contain any reasonable
requirements, including the applicant's procurement of an adequate performance bond
assuring his compliance with such requirements, the amount of such bond to be set by the
Director of Public Works. In the event that such excavation cannot be completed within
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twelve (12) hours, the Director of Public Works shall forthwith make all necessary repairs
to the town for the incident expenses.
§ 161-4 Driveway Permits.
No driveway or other means of access to privately owned property from
any public way or any way maintained by the town or shown on an approved subdivision
plan shall be constructed unless a permit for its entry into said way shall first have been
issued by the Director of Public Works.
§ 161-5 Leaf Regulations—Penalties.
[Amended: Annual Town Meeting May 2, 1994,Article 30]
No leaves shall be raked, swept, or deposited into piles curbside or on any
property other than the owner's without permission. Any violation of this ordnance will
be punishable by a fine of$200.00 or any amount set by the Board of Selectmen.
The Enforcement Agent for purposes of this Bylaw shall be the Police
Chief or his designee. [Added:June 6, 2006 Annual Town Meeting— Article 10 — Approved by
Attorney General October 16,2006]
[108]
CHAPTER 170
UNDERGROUND UTILITIES
[HISTORY: Adopted by the Town of North Andover as Chapter 170, of the General Bylaws.
Annual Town Meeting—May 12 1999—Approved by Attorney General—July 27, 1999] [Amended
by Articles 20 and 21 2001 Annual Town Meeting. Approved by Attorney General September 12,
2001.] [Section E -Amended by Article 20 November 17,2003 Special Town Meeting. Approved by
Attorney General January 22,2004.]
Chapter 170 - Underground Utilities Bylaw of the Town of North Andover Code, subject
to the provision of Massachusetts General Laws, Chapter 166, Section 22A — 22N,
inclusive, forbidding new construction of overhead wires and structures and/or requiring
the removal of overhead wires and structures and replacement with underground conduit
and facilities in portions of North Andover, including but not limited to the Downtown
Business District and the Old Town Center/Historic District.
Section 1. Definitions
For purposes of this Bylaw, the definitions of"person", "poles and overhead wires and
associated overhead structures" and "utility" shall be the same definitions as those set
forth in Section 22A of Chapter 166 of the General Laws.
Alternative Coordination Plan - A plan to coordinate the implementation of the
utility specific plans required by this underground bylaw. In the event that the
utilities and the Town are not able to reach agreement on any aspects of a
negotiated project coordination plan, the Town will use reasonable discretion to
establish an alternative coordination plan. The objective of this alternative
coordination plan will be to use a single qualified general contractor to perform the
excavation and civil work necessary for the installation of all of the underground
facilities, including cable facilities, electric facilities, telephone facilities, and
municipal facilities, contemplated by this underground bylaw, as well as a proposed
formula for apportioning the cost of that qualified general contractor. This
alternative project coordination plan will assume that each utility will directly
install and energize its own cable and wire in the conduits and manholes
constructed by the qualified general contractor. In establishing such alternative
coordination plan, the Town shall be guided by the objective of achieving efficient
coordination among the utilities, a cost effective underground project, with the
minimum disruption of the public way.
Company Specifications - Detailed specifications provided by the each utility
regarding the number and size of duct banks, the type and quantity of cable or
wire, and the number and precise specifications of manholes and hand holes, the
description of and quantification of the equipment necessary to construct and
[109]
install customer's service facilities, and all other specifications regarding all other
facilities necessary to replace overhead service in the area of the community
covered by this bylaw, with underground service, all prepared in sufficient detail to
be included in a request for bid for a qualified general contractor.
Cost Per Linear Foot - When reporting the cost of demolition or construction per
linear foot, the cost should be reported per linear foot of the overhead or
underground system. For example the 1,000 feet of overhead or underground
facilities that are located on 1,000 feet of one side of a public way would be
reported as 1,000 feet of overhead facilities or underground facilities removed or
constructed. If a particular utility has two lines or two conduits on a given set of
poles or in a given duct bank, and therefore 2,000 feet of overhead wire or
underground wire in this 1,000 foot span of the public way, the cost per linear foot
must be reported using the 1,000 feet of the public way as the denominator, and
must not be reported using the 2,000 feet of wire as the denominator.
Customer's Service Facilities - The facilities required to connect a customer's
building or structure to the underground service mandated by this bylaw, which
customer's service facilities are more specifically defined in Section 22I of Chapter
166 of the Massachusetts General Laws;
Direct Cost of Demolition and Construction - The direct cost of construction
labor, construction materials, and construction equipment used to implement the
demolition and construction mandated by this bylaw. This shall include the direct
cost of construction labor, construction materials, and construction equipment
used to install the customer's service facilities defined by Section 22I of
Massachusetts General Laws Chapter 166. Direct costs of demolition and
construction shall also include the following costs: (A) the direct cost of
completing an "Existing Conditions Plan", to the extent such cost is incurred at the
request of the Town in order to expedite the schedule for the underground project,
or incurred directly by the Town in order to expedite said schedule, and then
reimbursed by the utility; (B) interest on any amounts spent for such direct costs in
excess of the two (2%) annual expenditure required by Section 5A of this bylaw,
to the extent such excess expenditure is directly associated with in an effort
expedite the actual construction schedule at the request of the Town. (C) The
direct cost of any communication ducts installed at the request of the Town, which
communication ducts are to be reserved municipal use.
Petition - The petition, timely filed, that is required by section 22D of
Massachusetts General Laws Chapter 166, and Section 5B clause (1) of this
bylaw, relating to the permission to install underground facilities mandated by this
by-law. Such petition shall request permission for the shared use of common duct
banks and common trenches by and among other utilities and the Town, or include
a justification explaining why such shared use of common duct banks and common
trenches is not possible.
[110]
Plan for Continuation of its Services, for their Replacement with Underground
Facilities - The plan, timely filed, that is required by section 22D of G.L. Chapter
166, and Section 5B clause (2) of this bylaw, relating to the removal of that
particular utility's overhead wires and associated overhead equipment and the
construction of a particular utility's underground equipment to provide service to
consumers in the geographic area covered by this by-law. This utility specific plan
that meets the requirements of this bylaw must include at a minimum the following
required components:
1) The company's specifications for the underground project;
2) An estimate of the total direct cost of demolition and construction
of the project which includes the cost of installing customer's
service facilities;
3) An estimate of the total salvage value of the overhead property to
be removed;
4) A statement of the total company revenues received in the
community in the preceding calendar year, and an estimate of the
total company revenues to be received in the community in the
current year;
5) An estimate of the total duration of the demolition and construction
project assuming that the company allocates and expends 2% of
such annual revenues (plus the reasonable salvage value of the
removed overhead equipment) to the direct cost of demolition and
construction of that company's project;
6) A proposed coordination plan that describes a plan for utilizing a
single qualified general contractor to perform the excavation and
civil work necessary for the installation of all of the underground
facilities, including cable facilities, electric facilities, telephone
facilities, and municipal facilities, contemplated by this underground
by-law, as well as a proposed formula for apportioning the cost of
that qualified general contractor among the various users of the
underground facilities constructed;
7) A statement that the utility will participate in good faith in a
negotiation conducted by the Town, that includes all of the utilities
covered by this bylaw, in which the Town attempts to develop a
negotiated coordination plan that is acceptable to each utility and to
the Town;
[111]
8) A statement that the company's plan will be implemented in a
fashion that complies with any alternative coordination plan that
may be established by the Town;
Such plan must be filed no later December 31 of the calendar year prior to
the calendar year in which the first expenditures for the direct cost of demolition
and construction are required to made.
Negotiated Project Coordination Plan - The Town will review the coordination
plans that are included in the cable company plan, electric company plan, and
telephone company plan filed with the Board of Selectmen pursuant to this by law.
The Town will host a project coordination meeting to be attended by
representatives of the Town and each of said utilities, and use reasonable efforts to
negotiate project coordination plan that is acceptable to each of said utilities and
the Town. The objective of this negotiated coordination plan will be to use a
single qualified general contractor to perform the excavation and civil work
necessary for the installation of all of the underground facilities, including cable
facilities, electric facilities, telephone facilities, and municipal facilities,
contemplated by this underground by-law, as well as a proposed formula for
apportioning the cost of that qualified general contractor. This negotiated project
coordination plan will assume that each utility will directly install and energize its
own cable and wire in the conduits and manholes constructed by the qualified
general contractor. In negotiating such coordination plan, the Town shall be
guided by the objective of achieving efficient coordination among the utilities, a
cost effective project, with the minimum disruption of the public way.
Qualified General Contractor - A contractor with extensive experience in
designing and constructing underground utilities in Massachusetts, as evidenced by
letters of recommendation from Massachusetts utilities that have contracted for the
services of such qualified general contractor in the past.
Statement — Annual statement, timely filed, that is required by section 22D of
Chapter 166 of the Massachusetts General Laws, and Section 5B clause 4 of this
bylaw. This annual statement must, at a minimum, include the following
information regarding the removal of overhead facilities and construction of
replacement underground facilities, completed by said utility in the prior calendar
year:
1. a) Linear feet of overhead facilities removed;
b) Street names on which such removal occurred;
c) Direct cost of demolition associated with such removal for the
calendar year in question;
[112]
d) Direct cost of demolition associated with such removal per linear
foot of overhead facilities removed;
2. a) Linear feet of underground facilities constructed;
b) Street names on which underground construction occurred;
c) Direct cost of construction for the calendar year in question;
d) Direct cost of construction per linear foot of such construction
completed;
3. a) Number of customer service facilities completed;
b) Street names on which customer service facilities occurred;
c) Direct cost of construction associated with customer service
facilities demolition and construction spent in any year prior to
the preceding calendar year, which amount was in excess of the
2% of the standard defined in section 22D of Chapter 166 of
the General Laws, and which excess amount the utility is
allocating as a credit to reduce the dollar expenditures required
by this by-law for the direct cost of demolition and construction
in the calendar year that is the focus of this financial report;
4. a) The dollar amount of the direct cost of demolition and
construction spent in any year prior to the preceding calendar year,
which amount was in excess of the 2% of the standard defined in
section 22D of Chapter 166 of the General Laws, and which excess
amount the utility is allocating as a credit to reduce the dollar
expenditures required by this by-law for the direct cost of
demolition and construction in the calendar year that is the focus of
this financial report;
5. a) Gross Revenues derived from that utility's customers in North
Andover in the calendar year preceding the expenditures reported in
items 1, 2, and 3 above;
b) Representation that the amounts spent by such utility for the
direct cost of demolition and construction, as itemized above, in
items 1, 2, and 3 plus any credit as described in item 4, equals or
exceeds 2% of the gross revenue reported in 5a) above.
Section 2. Prohibiting Installation of New Poles and Overhead Wires
No utility shall install or construct, except by way of replacement or upgrading of existing
facilities, any poles and overhead wires and associated overhead structures upon, along or
acress any public way within the parts of the Town listed in Section 3. Any poles and
overhead wires and associated overhead structures installed or constructed in violation of
this bylaw shall be immediately removed by the utility responsible therefor.
[113]
Section 3. Applicability of Section 2 applies to the following parts of Town:
A. Any new public way approved by the Planning Board to the extent it is
exclusively situated in an approved residential or non-residential
subdivision.
B. Any way in which the wires and utility facilities are underground as of the
effective date of this bylaw.
C. Downtown Area: Main Street from Sutton Street to Merrimac Street,
including 200 feet from Main Street on the following side streets; Waverley
Road, First Street, and Second Street, all of School Street, and on Water
Street from Main Street to High Street. [Added — June 6, 2006 Annual
Town Meeting-Article 44-Approved by Attorney General October 16,
2006 Any new public way approved by the Planning Board to the extent it
is exclusively situated in an approved residential or non-residential
subdivision.
D. Any way in which the wires and utility facilities are underground as of the
effective date of this bylaw.
E. Downtown Area: Main Street from Sutton Street to Merrimac Street,
including 200 feet from Main Street on the following side streets; Waverley
Road, First Street, and Second Street, all of School Street, and on Water
Street from Main Street to High Street. [Added — June 6, 2006 Annual
Town Meeting-Article 44-Pending AG Approval]
D. Old Common Area: along the former Essex Street from Academy Road
to Great Pond Road; along Osgood Street from Bay State Road to the
intersection of Andover Street. Along Andover Street from Academy
Road to the intersection with Chestnut Street, along Massachusetts
Avenue from 200 feet northwest of the intersection with Osgood Street
through the Old Center to Salem Street and Johnson Street to Milk
Street and along Great Pond Road from Academy Road 200 feet to the
east toward Stevens Street. [Added by Article 21 2001 Annual Town
Meeting. Approved by Attorney General September 12,
2001][Amended May 10, 2004 Annual Town Meeting - Article 34-
Approved by Attorney General August 19, 2004]
E. Those portions of the Lincoln Line that cross or are within the public
way of the Lincoln Line from Dale Street substation South East to the
corner of Salem and Foster, South West beyond Raleigh Tavern Lane
and from the Woodchuck Hill substation to the corner of Salem and
Foster Streets.
[114]
[Section E -Amended by Article 20 November 17, 2003 Special Town
Meeting. Approved by Attorney General January 22, 2004.]
F. Any new public way approved by the Planning Board to the extent
it is exclusively situated in an approved residential or non-
residential subdivision.
G. Any way in which the wires and utility facilities are underground as
of the effective date of this bylaw.
H. Downtown Area: Main Street from Sutton Street to Merrimac Street,
including 200 feet from Main Street on the following side streets;
Waverley Road, First Street, and Second Street, all of School
Street, and on Water Street from Main Street to High Street.
[Added — June 6, 2006 Annual Town Meeting-Article 44-
Pending AG Approval]
F. Old Common Area: along the former Essex Street from Academy
Road to Great Pond Road; along Osgood Street from Bay State
Road to the intersection of Andover Street. Along Andover Street
from Academy Road to the intersection with Chestnut Street,
along Massachusetts Avenue from 200 feet northwest of the
intersection with Osgood Street through the Old Center to Salem
Street and Johnson Street to Milk Street and along Great Pond
Road from Academy Road 200 feet to the east toward Stevens
Street. [Added by Article 21 2001 Annual Town Meeting.
Approved by Attorney General September 12,
2001][Amended May 10, 2004 Annual Town Meeting - Article
34- Approved by Attorney General August 19, 2004]
G. Those portions of the Lincoln Line that cross or are within the
public way of the Lincoln Line from Dale Street substation South
East to the corner of Salem and Foster, South West beyond
Raleigh Tavern Lane and from the Woodchuck Hill substation to
the corner of Salem and Foster Streets.
[Section E -Amended by Article 20 November 17, 2003 Special
Town Meeting. Approved by Attorney General January 22, 2004.]
H. Old Common Area: along the former Essex Street from Academy Road
to Great Pond Road; along Osgood Street from Bay State Road to the
intersection of Andover Street. Along Andover Street from Academy
Road to the intersection with Chestnut Street, along Massachusetts
[115]
Avenue from 200 feet northwest of the intersection with Osgood Street
through the Old Center to Salem Street and Johnson Street to Milk
Street and along Great Pond Road from Academy Road 200 feet to the
east toward Stevens Street. [Added by Article 21 2001 Annual Town
Meeting. Approved by Attorney General September 12,
2001][Amended May 10, 2004 Annual Town Meeting - Article 34-
Approved by Attorney General August 19, 2004]
I. Those portions of the Lincoln Line that cross or are within the public
way of the Lincoln Line from Dale Street substation South East to the
corner of Salem and Foster, South West beyond Raleigh Tavern Lane
and from the Woodchuck Hill substation to the corner of Salem and
Foster Streets.
[Section E -Amended by Article 20 November 17, 2003 Special Town
Meeting. Approved by Attorney General January 22, 2004.]
Section 4. Violation of Section 2
Any person who installs or constructs and poles and overhead wires and associated
overhead structures which are in violation of Section 2 shall be punished by a fine of not
less than one thousand ($1,000.00) dollars and not more than five thousand ($5,000.00)
dollars.
Any person who fails to remove immediately any poles and overhead associated
overhead structures which are in violation of Section 2 shall be punished by a fine of not
less than one thousand ($1,000.00) dollars and not more than five thousand ($5,000.00)
dollars for each consecutive fifteen day period during which the failure continues.
Section 5. Removal of Existing Poles and Overhead Wires
A. Any utility presently owning or operating poles and overhead wires and associated
overhead structures along or across any public way within the parts of the Town
listed in Section 3 on May 3, 1999 shall begin to remove such poles and overhead
wires and associated overhead structures following the effective date of this bylaw
in accordance with M.G.L. Chapter 166, Section 22D.
In preparation for making the minimum expenditures required by Section 5A, each
utility covered by this bylaw, shall, file with the Board of Selectmen the petition as
required by Section 22 of Chapter 166 of the Massachusetts General Laws, and by
Section 513, clause (1) of this bylaw, and also file the plan as required by Section
22D of Chapter 166 of the Massachusetts General Laws, and by Section 5B clause
(2) of this bylaw. In order to enable the Town to monitor compliance with this
[116]
bylaw, each utility covered by this bylaw shall file the statement with the Board of
Selectmen, that is required by Section 22D of Chapter 166 of the Massachusetts
General Laws, and Section 513, clause (4) of this bylaw. Any petition, plan, or
statement filed by a utility pursuant to this bylaw must meet the minimum content
requirements and timely filing requirements defined in this bylaw. [Amended by
Article 20 2001 Annual Town Meeting. Approved by Attorney General
September 12, 2001]
B. Any utility that fails to remove any poles or overhead wires and associated
overhead structures required to be removed; pursuant to Section 5A of this bylaw
shall be punished by fine of not less than one thousand ($1,000.00) dollars and not
more than five thousand ($5,000.00) dollars for each consecutive fifteen day
period during which such failure continues; provided however, that no utility shall
have been deemed to have violated this bylaw, provided that:
1) If replacement facilities for poles or overhead wires and associated
overhead structures required to be removed will be needed in order
for a utility to continue its service, the utility shall, within sixty (60)
days after the effective date of this bylaw, petition the Board of
selectmen pursuant to Section 22 of Chapter 166 of the General
Laws for permission to install, erect, or construct under the public
ways replacement facilities for such poles and overhead wires and
associated structures; and
2) The utility shall file with the Board of Selectmen a plan (which shall
be consistent with Section 5A of this bylaw), for continuation of its
service, for their replacement with underground facilities; and
3) In each calendar year beginning with the calendar year next
following the effective date of this bylaw and until all such poles
and overhead wires and associated overhead structures shall have
been removed, the utility shall in carrying out its plan, allocate and
expend for the direct cost of demolition and construction (over and
above the reasonable value of salvage) an amount which shall not
be less than two percent (2%) of its gross revenues derived during
the next preceding calendar year from its customers in the Town of
North Andover; and
4) The utility shall, on or before the last day of March in each year, file
with the Board of Selectmen a statement signed under the penalties
of perjury, by its Treasurer setting forth in detail, the amounts spent
by the utility during the immediate preceding calendar year in
carrying out its plan; the purposes for which such expenditures
were made; the gross revenues derived from its customers in the
Town during the immediately preceding calendar year; provided,
however, that no utility which enters into a cooperation agreement
[117]
under Section 22E of Chapter 166 of the General Laws shall be
deemed to have violated this bylaw during the term such payments
are to be made, so long as said utility shall not be in default of said
cooperation agreement.
C. Notwithstanding the effective date of this bylaw, any utility may, in its sole
discretion, cooperate with the Town's plans for early construction and may
commence the removal of its poles, overhead wires and associated overhead
structures and proceed to perform the undergrounding work following this bylaw's
adoption and prior to its effective date. Any such early cooperation by any utility
will be subject to the utility's rights to recover its expenditures and impose and
collect a billing surcharge under M.G.L. Chapter 166, Sections 2D and 22M.
Section 6. Installation of Customer's Service Facilities
Any utility providing underground replacement facilities pursuant to this bylaw,
shall also install customer's service facilities as defined by Section 22I of chapter
166 of the General Laws. Such installation of customer's service facilities shall be
incorporated into the plan filed with board of selectmen pursuant to Section 5B
clause (2) of this bylaw, and the cost associated with such installation of
customer's service facilities shall be included in the report of direct cost of
demolition and construction reported to the board of selectmen pursuant to
Section 5B clause (4) of this bylaw. It is the intent of this Section that the cost of
the installation of customer service facilities shall be reimbursed to the utility
through the 2% surcharge contemplated by section 22D of Chapter 166 of the
General Laws.
Section 7. Severability
If any provision of this bylaw is determined to be invalid, such determination shall
not affect the validity of the other provisions of this bylaw, which other provisions
shall remain in full force and effect.
Chapter 173
[118]
VEHICLES AND TRAFFIC
ARTICLE I
HANDICAPPED PARKING
[HISTORY: Adopted by the Town of North Andover: Article I, April 26,1986 Annual Town
Meeting,Article 42. Amendments noted where applicable.]
[Adopted April 26, 1986 Annual Town Meeting,Article 42]
§ 173-1 Provision Authorized
§ 173-2 Determination of Number of Spaces
§ 173-3 Signs and Markings
§ 173-4 Spaces Required
§ 173-1 Provision Authorized.
Designated parking spaces for vehicles owned and operated by disabled
veterans or by handicapped persons and bearing the distinctive number plates authorized
by Massachusetts General Laws C. 90, Sec. 2 shall be provided in public and private off-
street parking areas in accordance with this Article.
§ 173-2 Determination of Number of Spaces.
Any person or body that has lawful control of a public or private way or of
improved or enclosed property used as off-street parking areas for businesses, shopping
malls, theaters, auditoriums, sporting or recreational facilities, cultural centers, residential
dwellings or for any other place where the public has a right of access as invitees or
licensees, shall be required to reserve parking spaces in said off-street parking areas for
any vehicle owned and operated by a disabled veteran or handicapped person whose
vehicle bears the distinguishing license plate authorized by Massachusetts General Laws
Chapter 90, §2, according to the following formula:
If the number of parking spaces in any such area is more than fifteen (15)
but not more than twenty-five (25), one (1) parking space; more than twenty-five (25) but
not more than forty (40), five percent (5%) of such spaces but not fewer than two (2);
more than forty (40) but not more than one hundred (100), four percent (4%) of the
spaces but not fewer than three (3); more than one hundred (100) but not more than two
hundred (200), three percent (3%) of such spaces but not fewer than four (4); more than
two hundred (200) but not more than five hundred (500), two percent (2%) of such
spaces but not fewer than six (6); more than five hundred (500) but not more than one
thousand (1,000), one and one half percent (1 1/2%) of such spaces but not fewer than
ten (10); more than one thousand (1,000) but not more than two thousand (2,000), one
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percent (1%) of such spaces but not fewer than fifteen (15); more than two thousand
(2,000), but fewer than five thousand (5,000), three fourths (3/4) of one percent (1%) of
such spaces but not fewer than twenty (20); and more than five thousand (5,000), one-half
of one percent (1%) of such spaces but not fewer than thirty (30).
§ 173-3 Sims and Markings.
Parking spaces designed as reserved under the provisions of Section 173-2 shall be
identified by the use of above grade signs with white lettering against a blue background
and shall bear the words "Handicapped Parking: Special Plate Required. Unauthorized
Vehicles May be Removed at Owner's Expense"; shall be as near as possible to a building
entrance or walkway; shall be adjacent to curb ramps or other unobstructed methods
permitting sidewalk access to a handicapped person; and shall be twelve (12) feet wide or
two (2) eight-foot-wide areas with four (4) feet of cross hatch between them.
§ 173-4 Spaces Required.
Any owner of a place to which the public has a right of access licensees or
invitees shall provide, install and maintain "Handicapped Parking" signs and pavement
markings as set forth in Section 173-3.
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Chapter 175
VEHICLES, STORAGE OF
[HISTORY: Adopted by the Town of North Andover as Chapter 6, Section 6.3 of the General
Bylaws. Amendments noted where applicable.]
§ 175-1 Restricted Activity
§ 175-2 Exceptions
§ 175-3 Violations and Penalties
§ 175-1 Restricted Activity.
No person shall accumulate, keep, store, part, place, repair, deposit, or
permit to remain upon premises owned by him or under his control, more than one (1)
unregistered vehicle or any dismantled, unserviceable, junked or abandoned motor vehicle
unless he is licensed to do so under the General Laws or unless he has received written
permission to do so from the Board of Selectmen after a hearing. Written permission may
only be granted by said Board on condition that the owner agrees to screen the permitted
vehicle or vehicles from view from neighboring land, ways or public highways for breach
of which agreement said permission shall be revoked.
§ 175-2 Exceptions.
This chapter shall not apply to agricultural vehicles in use on an operating
farm.
§ 175-3 Violations and Penalties.
Whoever violates or continues to violate this chapter after having been
notified of such violation shall be punished by a fine of fifty dollars ($50.) Each week
during which such violation is permitted to continue shall be deemed to be a separate
offense.
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CHAPTER 177
WATER USE RESTRICTION BYLAW
[HISTORY: Adopted by the Town of North Andover as Article 18 and Article 19 2001 Annual
Town Meeting. Approved by Attorney General September 18, 2001. Amendments noted where
applicable.]
§177-1 Authority
§177-2 Purpose
§177-3 Definitions
§177-4 Declaration of State of Water Supply Conservation
§177-5 Restricted Water Uses
§177-6 Public Notification of State of Water Supply Conservation
§177-7 Termination of State of Water Supply Conservation - Notice
§177-8 State of Water Supply Emergency - Compliance with DEP Orders
§177-9 Violation and Penalties
§177-10 Severability
§177-1 Authority.
This Bylaw is adopted by the Town under its police powers to protect public
health and welfare and its powers under Massachusetts General Laws Chapter 40, Section
21 et sea. and implements the Town's authority to regulate water use pursuant to
Massachusetts General Law Chapter 41, Section 69B. This bylaw also implements the
Town's authority under Massachusetts General Laws Chapter 40, Section 41A,
conditioned upon a declaration of water supply emergency issued by the Department of
Environmental Protection.
§177-2 Purpose.
The purpose of this bylaw is to protect, preserve and maintain public health,
safety and welfare whenever there is in force a State of Water Supply Conservation or
State of Water Supply Emergency by providing for enforcement of any duly imposed
restrictions, requirements, provisions or conditions imposed by the Town or by the
Department of Environmental Protection.
§177-3 Definitions.
Person - Shall mean any individual, corporation, trust, partnership or
association, or other entity.
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Public Water Supply - Shall mean the North Andover Municipal Water
Supply System withdrawing water from Lake Cochichewick.
State of Water Supply Emergency - Shall mean a State of Water Supply
Emergency declared by the Department of Environmental Protection under Massachusetts
General Laws Chapter 21G, Sections 15-17.
State of Water Supply Conservation - Shall mean a State of Water Supply
Conservation declared by the Town pursuant to Section 177-4 of this bylaw.
Water Users or Water Consumers - Shall mean all public and private users of
the Town's public water system, irrespective of any person's responsibility for billing
purposes for water used at any particular facility/location.
Director - Shall mean the Director of the Division of Public Works for the Town
of North Andover.
§177-4 Declaration of State of Water Supply Conservation.
The Town, through the Board of Selectman, may declare a State of Water Supply
Conservation within the Town's Public Water System upon a determination by the
Director that a shortage of water exists and conservation measures are appropriate to
ensure an adequate supply of water to all water consumers. Public notice of a State of
Water Supply Conservation shall be given under Section 177.6 of this bylaw before it may
be enforced.
§177-5 Restricted Water Uses.
A declaration of a State of Water Supply Conservation shall include one or more
of the following restrictions, conditions, or requirements limiting the use of water as
necessary to protect the public water supply. The applicable restrictions, conditions or
requirements shall be included in the Public Notice required under Section 177.6.
1. Outdoor Water Use Hours — Outdoor water use by water users is
permitted only during daily periods of low demand, at night or early
morning.
2. Odd/ Even Day Outdoor Water Use — Outdoor water use by water
users with odd numbered addresses is restricted to odd numbered
days. Outdoor water use by water users with even numbered
addresses is restricted to even number days.
3. Outdoor Water Use Ban — Outdoor water use by water users is
prohibited.
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§177-6 Public Notification of State of Water Supply Conservation
Notification of DEP
Notification of any provision, restriction, requirement or condition imposed
by the Town as part of a State of Water Supply Conservation shall be published in a
newspaper of general circulation within the Town, or by such other means reasonably
calculated to reach and inform all users of town water of the State of Water Supply
Conservation. Any restriction imposed under Section 177.5 shall not be effective until
such notification is provided. Notification of the State of Water Supply Conservation shall
also be simultaneously provided to the Massachusetts Department of Environmental
Protection.
A State of Water Supply Conservation may be terminated by a majority vote
of the Board of Selectmen upon a determination that the water supply shortage no longer
exists. Public notification of the termination of a State of Water Supply Conservation shall
be given in the same manner required by Section 177.6.
§177-8 State of Water Supply Emergency: Compliance with DEP Orders.
Upon notification to the public that the Department of Environmental Protection has
issued a State of Water Supply Emergency, no person shall violate any provision,
restriction, requirement, condition of any order approved or issued by the Department
intended to bring about an end to the State of Water Supply Emergency.
§177-9 Violation and Penalties.
Any person violating this bylaw shall be subject to a warning for the first offense and
thereafter shall be liable to the Town in the amount of$50.00 for the second violation, and
$100 for each subsequent violation, which shall inure to the Town for such uses as the
Board of Selectmen may direct. Fines shall be recovered by indictment, or on complaint
before the District Court, or by non-criminal disposition in accordance with Section 21D
of Chapter 40 of the provisions of the Massachusetts General Laws. For purposes of non-
criminal disposition, the enforcing person(s) shall be any police officer of the Town of
North Andover. Each day of violation shall constitute a separate offense.
§177-10 Severability
The invalidity of any portion or provision of this bylaw shall not invalidate any other
portion or provision thereof.
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ARTICLE II
AUTOMATIC LAWN IRRIGATION SYSTEM
§177-11 Registration
§177-12 Backflow Prevention
§177-13 Rain Sensors.
§177-14 Violations and Penalties
§177-15 Severability
§177-11 Registration.
All automatic lawn irrigation systems connected to the municipal water system of
the Town of North Andover shall be registered with the Division of Public Works (DPW).
A fee may be charged for this registration. The Board of Selectmen shall set registration
fees.
§177-12 Backflow Prevention.
The Town of North Andover shall be protected from a backflow condition from all
automatic lawn irrigation systems connected to the municipal water system by the
installation of a backflow prevention device approved by the Division of Public Works.
Each backflow prevention device shall be registered with the Division of Public Works.
All new or existing residential, municipal, commercial and industrial property
owners are required to install or have in place, a backflow prevention device on their
automatic lawn irrigation system. The installation shall be in compliance with 310 CMR
22.22. These devices must be installed on the discharge side of the water meter, preferably
indoors, but can be located outside provided they can easily be removed to protect them
from damage by freezing.
Reduced Pressure Zone and Pressure Vacuum Breaker type devices shall be tested
upon initial installation and thereafter in accordance with 310 CMR 22.22
§177-13 Rain Sensors.
Installation of new automatic lawn irrigation systems connected to the municipal
water supply in the Town of North Andover shall be equipped with a rain sensor approved
by the Division of Public Works so that watering will be automatically prevented during or
after a rain storm.
Any upgrade or repair of an existing automatic lawn irrigation system shall include
the installation of an approved rain sensor if the same is not already installed and in good
working condition.
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The Division of Public Works shall maintain a list, available to the Public, of approved rain
sensors.
§177-14 Violations and Penalties.
Any person violating this bylaw shall be subject to a warning for the first offense
and thereafter shall be liable to the Town in the amount of$50.00 for the second violation,
and $100 for each subsequent violation, which shall inure to the Town for such uses as the
Board of Selectmen may direct. Fines shall be recovered by indictment, or on complaint
before the District Court, or by non-criminal disposition in accordance with Section 21D of
Chapter 40 of the provisions of the Massachusetts General Laws. For purposes of non-
criminal disposition, the enforcing person(s) shall be any police officer of the Town. Each
day of violation shall constitute a separate offense.
§177-15 Severability
The invalidity of any portion or provision of the Bylaw shall not invalidate any
other portion or provision thereof.
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Chapter 178
Chapter 178
WETLANDS PROTECTION
[HISTORY: Adopted by the Town of North Andover December 10,1987 Special Town Meeting,
Article 19. Amended in its entirety Annual Town Meeting May 7, 1991. Amendments noted where
applicable.] [Amended in its entirety Annual Town Meeting May 12, 1998,Article 39—Approved by
Attorney General October 20, 1998 with the exception of Section 178.11] [2006 Annual Town
Meeting June 6, 2006,Article 42,Amend Section 9-Rules and Regulations-Approved by Attorney
General October 16,2006]
§178.1 Purpose
§178.2 Jurisdiction
§178.3 Exemptions
§178.4 Applications to perform work and information required
§178.5 Hearings
§178.6 Orders And Decisions
§178.7 Certificates Of Compliance
§178.8 Responsibility For Compliance
§178.9 Rules And Regulations
§179.10 Enforcement, Investigations & Violations
§178.11 Consultant Services Account.
§178.12 Captions And Severability.
§178.1 Purpose.
The purpose of this Bylaw is to preserve and protect the wetland resource areas
(as specified in Section 178.2) of the Town of North Andover by regulation of, and
control of, activities (as specified in Section 178.2) deemed by the North Andover
Conservation Commission (the "Commission") to have significant or cumulatively
detrimental effect upon the following interests and values, including: public or private
water supply; groundwater; the prevention and control of flooding, erosion,
sedimentation, storm damage, and/or pollution; protection of fisheries, wildlife, wildlife
habitat and recreation.
§178.2 Jurisdiction.
Except as permitted in writing by the Commission, or as provided in this Bylaw,
no person shall engage in the following activities ("activities"): removal, filling, dredging,
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discharging into, building upon, or otherwise altering or degrading the wetland resource
areas described in the following sentence. The Town's wetland resource areas consist of
1) any isolated vegetated wetland,
2) any ephemeral pool
3) any vegetated wetland bordering on any creek, river, stream, pond or lake,
4) any bank, beach, marsh, wet meadow, bog, or swamp,
5) any land under any creek, river, stream, pond or lake,
6) any 100-foot buffer zone of wetland areas 1-5 listed above,
7) any land subject to storm flowage, or flooding by groundwater or surface
water,
8) and the 200-foot riverfront area.
The following waterbodies and contiguous 200-foot zones on either side of the
waterbody in North Andover have been identified by the Commission as
riverfront areas: Mosquito Brook, Rocky Brook, Boston Brook, Cochichewick
Brook, Merrimack River and Shawsheen River (See Figure 1-3 — North
Andover Riverfront Area Maps).
The wetland resource areas listed in 1-8 above are protected in addition to the
wetland resource areas protected under the Massachusetts Wetlands Protection
Act M.G.L. Chapter 131, Section 40 ("the Act") and its accompanying
regulations 310 CMR 10.00.
The Commission shall not grant such permission without receiving written
notice of the intention to conduct such activity, and without issuing written
permission to do so all in compliance with the provisions of this Bylaw.
§178.3 Exemptions.
This Bylaw shall not apply to the following activities:
1. Emergency projects as defined in the Commission's regulations (Section
II); or
2. Maintenance, repair or replacement, without substantial change or
enlargement, of existing and lawfully located structures or facilities used in the
service of the public and used-to provide electric, gas, water, telephone, or
other telecommunication services to the public; or
3. Normal maintenance of land in agricultural use, as defined in the
Commission's regulations (Section II); or
4. Maintenance and repair of existing public ways.
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§178.4 Applications to perform work and information required.
All applications to perform activities in the Town's resource areas shall be either
in the form of a Request for Determination or a Notice of Intent, or both. Such
applications shall contain data and plans as specified in the Commission's regulations, and
shall be submitted in complete written form to the Commission as required by this Bylaw,
regulations, and application checklist (Appendix A of Regulations). The date which
serves to commence the Commission's deliberation period is the date of receipt of the
application at its offices, during regular office hours. The Town Conservation
Administrator shall be granted the power to make determinations of completeness for
applications submitted to the Commission and reject, within two (2) business days, those
applications that do not meet the minimum submittal requirements of this Bylaw,
regulations, and application checklist. In order to provide sufficient review time the
Commission may continue a public hearing or public meeting if new information is
submitted by the applicant, or applicant's agent, less than seven (7) business days before
the scheduled public hearing or public meeting.
The applicable forms may be obtained from the Commission and must be signed
by the applicant or applicant's agent where required. The Commission may
require further information by Regulation, guideline, or as otherwise deemed
necessary by the Commission. In order to comply with the provisions of this
Bylaw, each application must be complete as filed, and must comply with the
rules set forth herein and Commission regulations. No such application shall be
accepted as complete before all permits, variances, and approvals required by
the Bylaws of the Town with respect to the proposed activity, at the time of
such Notice, have been applied for or obtained. Such Application shall also
include any information submitted in connection with such permits, variances,
and approvals that is necessary to describe the effect of the proposed activity on
the resource areas.
§178.5 Hearings.
A) Combination with State Law Hearing:
The said Commission, in its discretion, may hear any oral presentation
under this Bylaw at the same public hearing required to be held under the
provisions of chapter 131, section 40, of the Massachusetts General Laws.
Notice of the time and place of such hearing(s) shall be given as required below.
B) Notice:Notice of the time and place of the hearing shall be given at the
applicant's expense, not less than seven (7) calendar days prior to the public
hearing, by publication in a newspaper of general circulation in North Andover,
and by mailing a copy of such notice to all land owners within 300 feet of the
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land on which the work is proposed. All publications and notices shall contain
the name of the applicant, a description of the area where the activity is
proposed by street-address, if any, or other adequate identification of the
location of the area or premises which is the subject of the notice, the date, time
and place of the public hearing, the subject matter of the hearing, and the nature
of the action or relief requested, if any. Public notice requirements for
continued public hearings under this Bylaw shall be the same as the notification
requirements set forth in 310 CMR 10.05(5)(b)3.
B) Proof: The applicant shall have the burden of proving by a preponderance
of credible evidence that the activity proposed in the Notice of Intent will
not cause adverse impacts to any of the interests and values sought to be
protected by this Bylaw. Failure to provide to the Commission adequate
evidence for it to determine that the proposed activity does not cause
adverse impacts shall be sufficient cause for the Commission to deny
permission or to grant such permission with such conditions as it deems
reasonable, necessary or desirable to carry out the purposes of this Bylaw;
or to postpone or continue the hearing to another date certain to enable the
applicant and others to present additional evidence, upon such terms and
conditions as seem to the Commission to be reasonable.
Due consideration shall be given to possible effects of the proposal on all
interests and values to be protected under this Bylaw and to any
demonstrated hardship on the petitioner by reason of a denial, as brought
forth at the public hearing.
D) Continuances:
The Commission may continue a public hearing or public meeting in the
following situations:
1. With the consent of the applicant, to an agreed-upon date which shall
be announced at the hearing; or
2. Without the consent of the applicant, to a specific date for the reasons
stated at the hearing, including but not limited to receipt of additional
information from the applicant or others.
E) Investigations:
The Commission, its agents, officers and employees, may enter upon
privately owned land for the purpose of carrying out its duties under this
Bylaw and may make or cause to be made such examination or survey as
deemed necessary.
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§178.6 Orders And Decisions.
A) All Orders and Decisions:
If the Commission determines that the proposed activity does not require
the imposition of conditions to preserve and protect the interests of this
Bylaw, the applicant shall be so notified in writing.
If, after the hearing, the Commission determines that the proposed activity
is significant to one or more interests and values of this Bylaw, the
Commission may vote to issue written Orders of Conditions within 21 days
of the close of the public hearing. The Commission may impose such
conditions, safeguards and limitations on time and use upon such activity as
it deems necessary to protect those interests.
The Commission may prohibit such activity altogether, in the event that it
finds that the interests and values of this Bylaw can not be preserved and
protected by the imposition of such conditions, safeguards or limitations.
B) Security to Assure Performance:
The Commission may, as a part of its Order of Conditions, require, in
addition to any security required by any other Town or State Board,
Commission, agency or officer, that the performance and observance of the
conditions, safeguards and limitations imposed under this Bylaw on the
applicant and owner be secured by one, or both, of the methods described
in the following clauses:
1. Deposit:
By the deposit of money, sufficient to complete the work as proposed,
to secure performance of the conditions and observance of the
safeguards of such Order of Conditions. Such security, if filed or
deposited, shall be approved as to form and manner of execution by
Town Counsel or the Town Treasurer.
2. Land Restrictions(s):
By a conservation restriction, easement, or other covenant running with
the land, executed and properly recorded (or registered, in the case of
registered land).
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C) Duration of Orders:
All Orders of Conditions shall expire three (3) years after the date of
issuance. An Order of Conditions may be extended for one year upon the
request of the applicant. The request for an extension of an Order of
Conditions shall be made to the Commission at least 30 days prior to
expiration of the Order of Conditions. The Commission may grant only two
(2) extensions for an individual Order of Conditions.
No activity governed by an Order of Conditions shall be performed unless
and until all permits, approvals and variances required by the Bylaws of the
Town shall have been obtained, such Order of Conditions or notification
shall have been recorded or registered at the Essex North District Registry
of Deeds or in the North Essex District of the Land Court Department, and
all applicable appeal periods have expired. The Commission shall have the
right to record or register its Order of Conditions with said Registry or
Registry District. In the event that an Order of Conditions issued pursuant
to this Bylaw is identical to a final Order of Conditions issued pursuant to
the provisions of MGL Chapter 131, Section 40, only one such order need
be recorded or registered.
D) Modifications, Amendments, Revocations:
The Commission shall have the power (on its own motion or upon the
petition of the applicant, or any person interested) to modify, amend, or
revoke an Order of Conditions. In revoking an Order of Conditions the
Commission shall officially notify the interested parties through certified
mail and hold a public hearing within 21 days of the notification date. In
the case of an amendment to an Order of Conditions, the Commission shall
have the discretion to decide if a public hearing is warranted. This decision
shall be based on the potential impact of proposed work and its effect on
the ability of the identified wetland resource areas to provide those
interests as defined under the Act and Bylaw. No public hearing is required
for a modification to an Order of Conditions. Written notification to the
applicant by certified mail is required in all cases where the Commission
initiates a modification, amendment or revocation of an Order Of
Conditions.
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§178.7 Certificates Of Compliance.
The Commission shall, upon receiving a written request and weather permitting,
inspect the resource areas where the activity governed by an Order of
Conditions was carried out and issue a Certificate of Compliance (or Partial
Certificate of Compliance) to the owner of the property, applicant, or
applicant's representative, in a form suitable for recording or registering, if it
shall determine that all of the activity or activities, or portions thereof, limited
thereby have been completed in accord with said order.
§178.8 Responsibility For Compliance.
After the recording of a Notice of Violation or Order , any person who
purchases, inherits or otherwise acquires real estate upon which work has been
done in violation of the provisions of this Bylaw or in violation of any order
issued under the Bylaw shall forthwith comply with any such Order or restore
such land to its condition prior to any such violation; provided, however, that
no action, civil or criminal, shall be brought against such person unless such
action is commenced within three years following the recording of the deed or
the date of the death by which such real estate was acquired by such person.
§178.9 Rules And Regulations.
The Commission shall be empowered to establish Rules and Regulations to
govern its affairs, including but not limited to fees, definitions, use of
consultants, security to assure performance, performance standards for work in
wetland resource areas, procedures governing small proiects, and such other
information which it deems necessary to discharge its responsibilities. After due
notice and public hearing, the Commission may promulgate such rules and
regulations to effectuate the purposes of this Bylaw, by a majority vote of the
duly appointed members.
Failure by the Commission to promulgate such rules and regulations; or a legal
declaration of their invalidity by a court of law shall not act to suspend or
invalidate the effect of this Bylaw. [Underlined Text Added — June 2006
Annual Town Meeting-Article 42-Pending AG Approval]
§179.10 Enforcement, Investigations & Violations
In accord with the provisions of M.G.L. Chapter 40, Sections 21D and 31 as
well as every other authority and power that may have been or may hereafter be
conferred upon it, the Town may enforce the provisions of this Bylaw, restrain
violations thereof and seek injunctions and judgments to secure compliance
with its Orders of Conditions. Without limiting the generality of the foregoing:
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A) Any person who violates any provision of this Bylaw or of any condition or
a permit issue pursuant to it may be punished by a fine pursuant to
Massachusetts General Laws, Chapter 40, section 21. Each day or portion
thereof during which a violation continues shall constitute a separate
offense; if more than one, each condition violated shall constitute a
separate offense. This Bylaw may be enforced pursuant to Massachusetts
General Laws Chapter 40, section 21D, by a Town police officer, other
persons having police powers, Conservation Commissioners or the
Conservation Administrator.
In accordance with Ch. 40 S. 21D, violators shall, at the discretion of the
enforcement authorities, be charged a penalty. The penalties for violations
of this Bylaw or regulations promulgated hereunder may be assessed as
follows:
Violation
Violation/Day
Alteration of any wetland resource area $ 100
identified in Section 178.2 of this Bylaw:
Violation of any Order of Conditions: $ 100
Depositing any refuse, debris, yard waste or $ 100
construction material in a wetland or water body:
Alteration of any stream or water body: $ 100
Any violation of any section of this Bylaw that
occurs in the Lake Cochichewick Watershed: $ 100
B) In the event of a violation of this Bylaw or of any order issued thereunder,
the Commission or its agents may issue a stop work order to the owner,
the applicant or applicant's agent by certified mail, return receipt requested,
or by posting the same in a conspicuous location on said site. Any person
who shall violate the provisions of a stop work order shall be deemed in
violation of the Bylaw; but the failure of the Commission to issue a stop
work order for any reason shall not prevent the Town from pursuing any
other legal remedy at law or in equity to restrain violations of this Bylaw or
promulgated regulations and to secure compliance with its Orders.
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C) The Town shall be the beneficiary of all fines imposed on account of the
violation of this Bylaw or promulgated regulations in order to defray the
expense of enforcing the same.
D) Upon request of the Commission, the Board of Selectmen and Town
Counsel shall take such legal action as may be necessary to enforce this
Bylaw or promulgated regulations and permits issued pursuant to it.
E) Upon recommendation of the Commission, the Board of Selectmen may
employ Special Counsel to assist the Commission in carrying out the legal
aspects, duties and requirements of this Bylaw and promulgated
regulations.
§178.11 Consultant Services Account. [Section 178.11 Disapproved by Attorney
General October 20, 1998] All remaining provisions were approved.
§178.12 Captions And Severability.
The captions used herein are for convenience only and are expressly intended to have no
legal or binding significance. The invalidity of any section or provision of this Bylaw shall
not invalidate any other section or provision thereof, nor shall it invalidate any Order of
Conditions or decisions which have previo
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