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PLANNING DEPARTMENT
Community Development Division
Date: June 2, 2006
To: Mark Rees, Town Manager
Board of Selectmen
CC: Curt Bellavance, Community Development Director
Joyce Bradshaw, Town Clerk
From: Lincoln Daley, Town Planner
Re: Planning Board Recommendations
2006 Warrant Articles
At the regularly scheduled Planning Board Meetings on April 4, April 18, May 7, and May 30, 2006,the North
Andover Planning Board discussed and made recommendations regarding the following Town Meeting warrant
articles as required by M.G.L. c.4OA, Section 5 and Chapter 2, Section 9 of the Town Code:
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
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Town of North Andover
Special Town Meeting
June 5, 2006
Planning Board Report
The Planning Board makes the recommendations regarding the following Town Meeting warrant articles as
required by M.G.L. c.40A, Section 5 and Chapter 2, Section 9 of the Town Code:
Article # Description
Article#4 Amend Zoning Bylaw: Add New Section, Section 2.30.A Drive-Through Facility.
This article proposes to add a new definition to Section 2, 2.30.A Drive-Through Facility. The
definition for a drive-through facility was created to define a restricted use within the Corridor
Development Districts. (Petition of the Planning Board)\
Recommendation: The Planning Board voted unanimously to take favorable action.
Article#5 Amend Zoning Bylaw: Add New Section, Section 16 Corridor Development District 1
CDD1 .
This article proposes to add a new section, Section 16 which to establish a new zoning district,
Corridor Development District 1.
And in connection to amend North Andover Bylaw Section 3.1 Establishment of Districts, by
adding the term"Corridor Development District I"; and amending Table 1 &Table 2 of the Bylaw
to include the summary of uses and dimensional requirements for the Corridor Development
District.
And in connection therewith to amend Footnote 1 of the Town Bylaw by inserting "and any
Corridor Development District4"in the first sentence after"In All district except Village
Commercial'. (Petition of the Planning Board)
Recommendation: The Planning Board voted unanimously to take favorable action.
Article#6 Amend Zoning Bylaw: Amending Section 16 and Adding New Zoning District, Corridor
Development District 2 (CDD2).
This article proposes to add a new section within Section 16 to establish a new zoning district,
Corridor Development District 2 (CDD2).
And in connection therewith to amend North Andover Bylaw Section 3.1 Establishment of
Districts, by adding the termseee°r�^* 1�"Corridor Development
District 2"; and amending Table 1 &Table 2 of the Bylaw to include the summary of uses and
dimensional requirements for the Corridor Development Districts.
And in eenneaien thefewith to amend Footnote 1 of the Town Bylaw by inseffing "and Ceffidef Developffien
Petition
of the Planning Board)
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
Recommendation: The Planning Board voted unanimously to take favorable action.
Article#7 Amend Zoning Map Parcels with frontage on Turnpike Street From Their Current
Designations to Corridor Development District 1 (CDD1). Assessors Map 25,Parcels 4, 5,6,
7, 8, 20,43,44, 50, 53,Map 98D, Parcels 46, 47.
The article proposes to rezone the parcels to the newly created Corridor Development District 1.
(Petition of the Planning Board)
Recommendation: The Planning Board voted unanimously to take favorable action.
Article#8 Amend Zoning Map Parcels with frontage on Turnpike Street and Hillside Street From Their
Current Designations to Corridor Development District 2 (CDD2). Assessors Map 98C,
Parcels 27, 28,61,Map 98D, Parcels 6, 7, 20,21,31,37, 38,40,49,56, 57.
The article proposes to rezone the parcels to the newly created Corridor Development District 2.
(Petition of the Planning Board)
Recommendation: The Planning Board voted unanimously to take favorable action.
Article#9 Amend Zoning Map Parcel with frontage on Turnpike Street to maintain the
current zoning classification of General Business. Assessors Map 25, Parcel 53.
This article seeks to maintain the current General Business (GB) classification on the property
located at 651 Turnpike Street. (Petition of the Scott Hajjar and others)
Recommendation: The Planning Board voted unanimously to take unfavorable action.
Article#24 Capital Improvement Plan Appropriation FY2007
The Board voted unanimously to offer a favorable recommendation for line item 1 (Old
Center Roadway Project), line item 2 (Roadway(unaccepted) Improvements), line item 3
(Mosquito Brook Drainage Improvements), line item 6 (Sidewalk Construction), line item
14 (Waste Water Management Plan), line item 15 (Water Main Rehab), and line item 16
(Water Supply Security System). (Petition of the Board of Selectmen)
Recommendation: The Planning Board voted unanimously to take favorable action.
Article#25 Funding For Water Storage Tanks (Petition of the Board of Selectmen)
Recommendation: The Planning Board voted unanimously to take favorable action.
Article#28 Report of the Community Preservation Committee and Appropriation From the Community
Preservation Fund.
To see if the Town will vote to receive the report of the Community Preservation Committee and to
see if the Town will vote to raise, borrow and/or appropriate from the Community Preservation
Fund.
Recommendation: The Planning Board voted unanimously to take favorable action.
Article#29 Change Community Preservation Act Surcharge.
To see if the Town will vote to change the Community Preservation Act Surcharge on real property
from 3%of the real estate tax levy against real property to 1%.
Recommendation: The Planning Board voted unanimously to take unfavorable action.
Article#33 Establishment of North-Andover-Affordable Housing Trust Fund.
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
To see if the Town will vote to accept the provisions of Massachusetts General Laws Chapter 44
Section 55C,to delete Chapter 28 -Housing Trust Fund-from the North Andover General Bylaws,
and replace it with the following Chapter 28 - ef-Nefth An ,Housing Trust
Fund; or to take any other action relative thereto. (Petition of the Housing Partnership
Committee)
Recommendation: The Planning Board voted unanimously to take favorable action.
Article#38 Amend Zoning Bylaw: Amending Section 4.122(14)(B)(b) Residential 4 District.
This article proposes to add language to further clarify the ambiguity in the language of the zoning
bylaw involving the demolition of residential homes within the Residential 4 (R4) and the
construction of new multi-family residence. (Petition of the Planning Board)
Recommendation: The Planning Board voted unanimously to take favorable action.
Article#39 Amend Zoning Bylaw: Amending Section 10.31(1) Conditions for Approval of Special
Permit.
This article proposes to add language amend to Section 10.31(1)to modify existing and to
incorporate additional conditions for approval of a special permit. (Petition of the Planning
Board)
Recommendation: The Planning Board voted unanimously to take favorable action.
Article#40 Amend Zoning Map-Davis 4 Street-Assessors Map 70-Parcel 18 From
General Business (GB)to Residential 4 (R4).
To see if the Town will vote to amend the Zoning Map of the Town of North Andover to rezone a
parcel of land located at Davis Street, with an address coif 160 Pleasant Street,North Andover, MA
from General Business (GB)to Residence 4 (R4). (Petition of Joseph Levis and others)
Recommendation: The Planning Board voted unanimously to take unfavorable action. (Note:
Mr. Levis intends to withdraw his warrant article at Town Meeting.)
Article#41 Amend o Zoning Bylaw-Watershed Protection District- Sections
4.136(3)(c)(ii) and (iii).
To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Sections
4.136(3)(c)(11) and 4.136(3)(c)(111)to modify certain uses within the Non-Disturbance Zone of the
North Andover Watershed Protection District by inserting language specifying the maximum
allowable square footage for the construction of an accessory structure or expansion to the existing
primary structure. (Petition of the Planning Board)
Recommendation: The Planning Board voted 4-1 to take favorable action.
Article#42 Amend General Bylaws- Chapter 178, Section 9 -Wetlands Protection-Rules and
Regulations.
To see if the Town will vote to amend Chapter 178 Section 9 Rules and Regulations, of the North
Andover Wetlands Protection Bylaw to insert the words "procedures governing small projects,"
between the words in"...in wetland resource areas,"and"and such other information..." so that
Chapter 178 Section 9 Rules and Regulations. (Petition of the Board of Selectmen)
Recommendation: The Planning Board voted unanimously to take favorable action.
Article#43 Amend General Bylaws Chapter 178-Wetlands Protection.
To see if the Town will vote to eliminate or modify and make less restrictive Chapter 178 of the
General Bylaws "WETLANDS PROTECTION", (set forth below and commonly referred to as the
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
local wetland bylaw), administered by the Town's Conservation Commission. (Petition of Robert
Ercolini and others)
Recommendation: The Planning Board voted unanimously to take unfavorable action.
Article#44 Amend Underground Utility Bylaw, Chapter 170.
To see if the Town will vote to amend Chapter 170, Section 3(C)—Underground Utilities to read
"Downtown Area: Main Street from Sutton Street to Merrimac Street, including 200 feet from
Main Street for the following side streets—Waverly Road, First Street, and Second Street, all of
School Street, and on Water Street from Main Street to High Street. (Petition of the Board of
Selectmen)
Recommendation: The Planning Board will provide a recommendation on the article at Town
Meeting.
Article#45 Intermunicipal Agreement Between North Andover and Middleton For Water and Sewer
Tie-Ins on the North Andover-Middleton Town Line on Route 114.
This article proposes to authorize the Board of Selectmen to negotiate and approve an
Intermunicipal Agreement between the Towns of North Andover and Middleton to authorize water
and sewer tie-ins for a mixed-use industrial/recreational development on property in North
Andover shown on North Andover Assessor's Tax Map 1O8A, Lots 6, 7, and 19 and in Middleton
on Assessor's Map 9, Lots 24 and 26. All of the parcels are owned by Nomid Trust, Joseph and
Eric DiGrazia,Trustees on the North Andover/Middleton Town line. The municipal agreement is
required by the Greater Lawrence Sanitary District before permission is granted for said sewer
connection. (Petition of Frank Terranova and others)
Recommendation: The Planning Board voted unanimously to take favorable action.
Article#46 Roadway Acceptance Granville Lane, Grosvenor Avenue, Inglewood Street, Surrey Drive
and Wildwood Circle.
The Planning Board voted to take favorable action as (1) all required paperwork has been
submitted in accordance with the Town of North Andover Street Acceptance Procedures; (2)the
required documentation has been approved by Town Counsel, (3) DPW recommended favorable
action. No outstanding issues remain.
Recommendation: The Planning Board voted unanimously to take favorable action.
Article#47 Roadway Acceptance Willow Street,Willow Street (South) Extension, Bayfield Drive, and
Flagship Drive.
The Planning Board voted to take an unfavorable action as (1)all required paperwork has not been
submitted in accordance with the Town of North Andover Street Acceptance Procedures; (2)the
required documentation has not been approved by Town Counsel, (3) DPW have recommended an
unfavorable action.
Recommendation: The Planning Board voted unanimously to take unfavorable action.
Article#48 Roadway Acceptance Chatham Circle and Nantucket Drive.
The Planning Board voted to take an unfavorable action as (1)all required paperwork has not been
submitted in accordance with the Town of North Andover Street Acceptance Procedures; (2)the
required documentation has not been approved by Town Counsel, (3) DPW recommended an
unfavorable action. Petitioner submitted letter stating that the article will be withdrawn at town
meeting.
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
Recommendation: The Planning Board voted unanimously to take unfavorable action.
Article#49 Roadway Acceptance Glenore Circle.
The Planning Board voted to take favorable action as (1) all required paperwork has been
submitted in accordance with the Town of North Andover Street Acceptance Procedures; (2)the
required documentation has been approved by Town Counsel, (3) DPW recommended favorable
action. No outstanding issues remain.
Recommendation: The Planning Board voted unanimously to take favorable action.
Article#50 Roadway Acceptance Berrington Place.
The Planning Board voted to take favorable action as (1) all required paperwork has been
submitted in accordance with the Town of North Andover Street Acceptance Procedures; (2)the
required documentation has been approved by Town Counsel, (3) DPW recommended favorable
action. No outstanding issues remain.
Recommendation: The Planning Board voted unanimously to take favorable action.
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com