HomeMy WebLinkAbout2012-06-05 Planning Board Supplemental Materials (104)
Town of North Andover
Annual Town Meeting
June 12, 2012
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 4. Authorization to Accept Grants of Easements. To see if the Town will vote to authorize the
Board of Selectmen and the School Committee to accept grants of easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee
deem in the best interest of the Town;
Or to take any other action relative thereto.
Board of Selectmen
RECOMMENDATION: X Favorable Unfavorable
Article 5. Authorization to Grant
Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer, roadway and utility purposes
on terms and conditions the Board and Committee deem in the best interest of the Town;
Or to take any other action relative thereto.
Board of Selectmen
RECOMMENDATION:
X Favorable Unfavorable
Article 15. Reduction of Community Preservation Act Surcharge. To see if the Town will as follows:
Should we, the tax payers of North Andover, reduce
the Community Preservation Act surcharge?
The CPA was enacted in 2002 at the maximum of 3%. The state matched dollar for dollar. Since that time, many projects benefiting the town
have been completed – protection of our drinking water, assisting in renovations of the Town Hall, Steven’s Estate, the Senior Center and more at a cost of 21 million tax dollars.
Due
to the downturn in the economy, the State has reduced their matching amount to .26 cents on the dollar. Is it time to follow the Commonwealth lead and reduce our spending?
The CPA
surcharge is an additional cost on your real estate tax bill. Should we reduce the surcharge from 3% to a more reasonable 1and 1/2%?
Petition of William P. Callahan and others
RECOMMENDATION: Favorable X Unfavorable
Article 28 : Capital Improvement Plan Appropriation Fiscal Year 2013. To see if the Town
will vote to fund the Capital Improvement Program as listed under the heading "Board of Selectmen/Town Manager Recommend" and with the language included:
FY13 CIP Recommendations
Line #
Project Description
Fund Code
BOS , Town Managers Recommendations
1
Roadways
B/N-G
$ 476,700
2
Sidewalk Reconstruction
B/N-G
$ 50,000
3
Building Maintenance
B/N-G
$ 50,000
4
Replace Fire Chief's Vehicle
B/N-G
$ 34,000
5
Replace Mobile Data Terminals
B/N-G
$ 90,258
6
General IT
B/N-G
$ 40,000
7
School Dept IT
B/N-G
$ 165,098
8
Design Work (Central Office & Kittredge School
Gym)
B/N-G
$ 359,500
General Fund Total
$ 1,265,556
9
Water Main Replacement
B/N-W
$ 573,000
10
Water
Meter Installation
B/N-W
$ 60,000
11
Flocculation & Sedimentation Building
B/N-W
$ 65,000
12
Concrete Repairs and Coating
B/N-W
$
97,000
Water Enterprise Fund Total
$ 795,000
13
Rea's Pond Sewer Pump Station Replacement
B/N-S
$ 250,000
14
School
St & Bunkerhill Sewer Replacement
B/N-S
$ 100,000
15
Osgood St Sewer Preliminary Design
B/N-S
$ 300,000
Sewer Enterprise Fund
Total
$ 650,000
* Fund Codes spelled out below
Funding Recommendation
Code
Totals
Raise and Appropriate - General Fund
R&A-G
$ -
Raise and Appropriate - Water Enterprise
R&A-W
$ -
Raise and Appropriate - Sewer Enterprise
R&A-S
Bonds/Notes - General Fund
B/N-G
$ 1,265,556
Bonds/Notes - Water Enterprise
B/N-W
$ 795,000
Bonds/Notes - Sewer Enterprise
B/N-S
$
650,000
Total All Capital Projects (New Borrowing)
$ 2,710,556
Unexpended Bond Proceeds
$ 650,000
$ 2,060,556
that to meet this appropriation:
(1) The Treasurer with the approval of the Board of Selectmen is authorized to borrow $2,060,556 under
chapter 44 of the Massachusetts General Law or any other enabling authority.
(2) The appropriation for items 13, 14 & 15 above in the amount of $650,000 shall be funded
with the transfer from the following project in the amount set forth below,
said sum represents excess bond proceeds not needed for the completion of the project:
Amount
Projec
t
Date/Article Number
Date Bonded
$ 650,000
Waverly Road Relief Sewer Main
2008 / Art 21 Sec 23
6/1/2008
Board of Selectmen
RECOMMENDATION: Favorable Unfavorable
Article 30. Sale of Public Buildings-Bradstreet School Main Street. To see if the Town will vote to transfer the care, custody, management and control of the land and building
formerly known as the Bradstreet School and located on Main Street, North Andover, identified on the Town’s Assessor’s maps as: Map 29, Block 23, Lot 0, from the Board of Selectmen for
the purposes for which such land is currently held to the Board of Selectmen for the purposes of sale of the building and to authorize the Board of Selectmen to sell the parcel of land
per the provisions of Massachusetts General Law Chapter 30B, and further that the Board of Selectmen approve any other restrictions, including restrictions on use, that are in the best
interests of the Town and that would effectuate the purposes of providing the maximum benefit to the Town from the proposed sale of the property, upon such terms and conditions as the
Board of Selectmen may deem appropriate and necessary;
Or to take any action relative thereto.
Town Manager
RECOMMENDATION: Favorable Unfavorable
Article 31. Amend Article 29 2011 Annual Town Meeting - CPA BAN Authorization.
To see if the Town will vote to amend the vote taken on Article 29 of the 2011 Annual Town Meeting
Warrant under “Principal Repayment: Windrush Farm” from $638,000 to $659,648 to pay principal
and interest and to raise, borrow, transfer and/or appropriate from the Community Preservation
Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B,
this sum of money;
Or to take any other action relative thereto.
Town Manager
RECOMMENDATION:
X Favorable Unfavorable
Article 32. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. To receive the report of the Community
Preservation Committee and to see if the Town will vote to raise, borrow, transfer and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts
General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee;
(Information to be provided by CPA Committee prior to warrant being
signed).
Or to take any other action relative thereto.
Community Preservation Committee RECOMMENDATION: Favorable Unfavorable
Article 37. Amend North
Andover Zoning Bylaw – Section 8.1.4(a) Off-Street Parking General Requirements. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 8.1.4(a) Off-Street
Parking General Requirements in order to allow seasonal outside seating to not counts towards the parking requirements.
Amend Section 8.1.4(a) by adding Note 8 to the use table as follows:
Notes:
8. Seasonal outside seating for food establishments shall be exempt from Section (a) of this regulation as long as the seating does not exceed 25% of the indoor seating or a total
of twenty outdoor (20) seats, whichever is greater;
And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in
compliance with the numbering format of the Zoning Bylaws of the Town of North Andover.
Or to take any other action relative thereto.
Planning Board
RECOMMENDATION: X Favorable Unfavora
ble
Article 38. Amend North Andover Zoning Bylaw – Section 4.135 Industrial “S” District. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.135
in order to allow retail stores that are an accessory use to warehousing or wholesaling.
Amend Section 4.135 by adding the underlined language and deleting the stricken language to
read as follows:
4.135 Industrial “S” District
8. Premises of a bank, post office, telephone exchange or telephone business office, local bus passenger station, or business office buildings.
By Special Permit, an automobile service or filling station, a diner, a restaurant, a retail food store, and retail stores that are accessory to the principal use. but no other retail
stores of any kind.
(Proposed Zoning Bylaw amendment to allow additional retail uses within the Industrial “S” Zone)
And further that the non-substantive changes to the numbering of
this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the Town of North Andover.
Or to take any other action
relative thereto.
Planning Board
RECOMMENDATION: Favorable Unfavorable
Article AK. (39) Amend North Andover Zoning Map -1080 Osgood Street-Assessors Map
35-Parcl 19 from Industrial 2 (I2) to Business 2 (B-2). To see if the Town will vote to amend the Town of North Andover Zoning Map, Assessor’s Map 35 Parcel 19 from Industrial-2 to
Business-2;
or to take any other action relative thereto.
/
Planning Board
RECOMMENDATION: Favorable Unfavorable
Article AL. (40) Amend North Andover Zoning Bylaw – Section 4.137 Floodplain District. To see if the Town
will vote to amend the Town of North Andover Zoning Bylaw, Section 4.137 Floodplain District in order to make minor adjustments so that the Bylaw accurately reflects the date of the
newly adopted flood maps.
Amend Section 4.137 by adding the underlined language and removing the text shown as stricken to read as follows:
4.137 Floodplain District
1. STATEMENT OF PURPOSE
The purpose
of the floodplain District is to:
Ensure public safety through reducing the threats to life and personal injury.
Eliminate new hazards to emergency response officials;
Prevent the occurrence
of public emergencies resulting from water quality, contamination, and pollution due to flooding.
Avoid the loss of utility services which if damaged by flooding would disrupt or shut
down the utility network and impact regions of the community beyond the site of flooding;
Eliminate costs associated with the response and cleanup of flooding conditions;
Reduce damage
to public and private property resulting from flooding waters.
FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD ELEVATION AND FLOODWAY DATA
The Flood Plain District is herein established
as an overlay district and includes all special flood hazard areas within the Town of North Andover designated as Zone A and AE on the Essex County Flood Insurance Rate Maps (FIRMs)
issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Essex County FIRMs that are wholly or
partially within the Town of North Andover are panel numbers 25009C0207F, 25009C0209F, 25009C0217F, 25009C0226F, 25009C0227F, 25009C0228F, 25009C0229F, 25009C0233F, 25009C0236F, 25009C0237F,
25009C0238F, 25009C0239F, 25009C0241F, 25009C0242F, 25009C0243F, 25009C0244F, 25009C0377F and 25009C0381F, dated July 3, 2012. The exact boundaries of the District may be defined by
the 100-year base flood elevations shown on the FIRM and further defined by the Essex County Flood Insurance Study (FIS) report dated July 3, 2012. The FIRM and FIS report are incorporated
herein by reference and are on file with the Town Clerk, Planning Board, Building Official and Conservation Commission.
BASE FLOOD ELEVATION AND FLOODWAY DATA
Floodway Data. In Zone
A[, AH, A99] and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local or other floodway data as determined by the Building
Inspector, in consultation with the Director of the Division of Public Works, shall be used to prohibit encroachments in floodways which would result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
Base Flood Elevation Data. Base flood elevation data is required for subdivision proposals or other developments
greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones.
Areas designated as flood plain on the North Andover Flood Insurance Rate Maps may be determined
to be outside the flood plain district by the Building Inspector, in consultation with the Director of the Division of Public Works, if an accurate
topographic and property line survey of the area conducted by a registered professional engineer or land surveyor shows that the flood plain contour elevation does not occur in any area
of proposed buildings, structures, improvements, excavation, filling, paving, or other work activity. The person requesting the determination shall provide any other information deemed
necessary by the Building Inspector, in consultation with the Director of Division of Public Works to make that determination. If the Building Inspector, in consultation with the Director
of the Division of Public Works, determines that the Flood Insurance Rate Maps are in error, the subject area shall not be regulated as occurring within the Flood Plain District, and
any such determination shall be noted on the Flood Insurance Rate Maps. Nothing in this section shall prohibit the Conservation Commission, Board of Health, or other Town officials or
Board from making non-zoning determinations of the flood plain or performing their official duties.
NOTIFICATION OF WATERCOURSE ALTERATION
If a landowner or project proponent proposes
to alter or relocate any watercourse, that person shall notify the following parties and provide evidence of such notification to every town board or official who has jurisdiction over
such alteration or relocation prior to or at the time of applying for any approval that is required to perform such alteration of relocation:
Notify in a riverine situation, the following
of any alteration or relocation of a watercourse:
Adjacent Communities
[Bordering States]
NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway
Street Suite 600-700
Boston, MA 02114-2104
4. NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
REFERENCE TO EXISTING
REGULATIONS
The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities,
whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following:
Section of the Massachusetts
State Building Code which addresses Floodplain and coastal high hazard areas (currently 780 CMR 120.G);
Wetlands Protection Regulations, Department of Environmental Protection (DEP)
(currently 310 CMR 10.00);
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
[Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);]
Minimum Requirements for the Subsurface
Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);
Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.
OTHER
USE/DEVELOPMENT REGULATIONS
[Within zones AH and AO on the FIRM, adequate drainage paths are required around structures on slopes, to guide floodwaters around and away from proposed
structures.]
Within Zone[s A1-30 and] AE, along watercourses that have a regulatory floodway within the Town of North Andover, on the Essex County FIRMs dated July 3, 2012; encroachments
are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. However, a registered
professional engineer may provide proof and certification to the Building Commissioner, in conjunction with the Director of the Division of Public Works, demonstrating that such encroachments
shall not increase flood levels during the occurrence of the 100 year flood, and if both the Building Commissioner, in conjunction with the Director of the Division Public Works approve
this certification, such encroachments shall not be deemed to be prohibited.
All subdivision proposals filed in accordance with M.G.L. Chapter 41, Section 81S and 81T [or any revisions
to the subdivision control law referencing the submission of preliminary or definitive subdivision plans], respectively shall be designed so that:
Such proposals minimize flood damage;
All
public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
Adequate drainage is provided to reduce exposure to flood hazards.
Existing contour
intervals of site and elevations of existing structures must be included on plan proposal;
The applicant shall circulate or transmit one copy of the development plan to the Conservation
Commission, Planning Board, Board of Health, Town Engineer, and Building Commissioner for comments which will be considered by the appropriate permitting board prior to issuing applicable
permits.
Proposed maps are on file in the Office of the Town Clerk and the Conservation Commission Office and on the Town’s web site.
And further that the non-substantive changes to
the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the Town of North Andover.
Or to take
any other action relative thereto.
` Planning Board
RECOMMENDATION: X Favorable Unfavorable
` Planning Board
Article 41. Amend Section 16.2 of the Zoning
Bylaw- Allow Drive-thru Restaurants in CDD1 District. To see if the Town will vote to amend Section 16.2 of the Town of North
Andover Zoning Bylaws, in the Corridor Development District 1 (CDD1) by inserting the following language:
" Drive-thru restaurants shall be permitted within the CDD1 zone provided
that they are located more than 250 feet from the R6 zoned district."
And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order
that it be in compliance with the numbering format of the Zoning Bylaws of the Town of North Andover.
Or to take any other action relative thereto. (The language of this article
has to be clarified with property owner as to intent)
Board of Selectmen
RECOMMENDATION: Favorable Unfavorable
` Planning Board