HomeMy WebLinkAbout2012-05-23 Planning Board Supplemental Materials (73)
PB Report 06/12/2012
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: 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: 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%?
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Petition of William P. Callahan and others
RECOMMENDATION: Favorable Unfavorable
Article 30. Sale of Public Buildings-Bradstreet School Main Street.
Town
To see if the
transfer the care, custody, management and control of the land and building formerly
will vote to
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: 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
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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: Favorable Unfavorable
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
and retail stores that are supplementary
filling station, a diner, a restaurant, a retail food store,
to warehousing, wholesaling and/or a service business
. 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
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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
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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:
a.Ensure public safety through reducing the threats to life and personal injury.
b.Eliminate new hazards to emergency response officials;
c.Prevent the occurrence of public emergencies resulting from water quality,
contamination, and pollution due to flooding.
d.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;
e.Eliminate costs associated with the response and cleanup of flooding conditions;
f.Reduce damage to public and private property resulting from flooding waters.
2.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.
3.BASE FLOOD ELEVATION AND FLOODWAY DATA
Floodway Data\[, AH, A99\]
a.. In Zone A 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
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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
b.. 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
c.
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.
4.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:
a.Notify in a riverine situation, the following of any alteration or relocation of a
watercourse:
1.Adjacent Communities
2.\[Bordering States\]
3.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
th
99 High Street, 6 Floor
Boston, MA 02110
5.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:
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a.Section of the Massachusetts State Building Code which addresses Floodplain and
coastal high hazard areas (currently 780 CMR 120.G);
b.Wetlands Protection Regulations, Department of Environmental Protection (DEP)
(currently 310 CMR 10.00);
c.Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
d.\[Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);\]
e.Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP
(currently 310 CMR 15, Title 5);
f.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.
6.OTHER USE/DEVELOPMENT REGULATIONS
\[Within zones AH and AO on the FIRM, adequate drainage paths are required
a.
around structures on slopes, to guide floodwaters around and away from
proposed structures
.\]
\[s A1-30 and\]
b.Within Zone 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.
c.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:
1.Such proposals minimize flood damage;
2.All public utilities and facilities are located and constructed to minimize or
eliminate flood damage; and
3.Adequate drainage is provided to reduce exposure to flood hazards.
4.Existing contour intervals of site and elevations of existing structures must be
included on plan proposal;
5.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.
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Or to take any other action relative thereto.
Planning Board
`
RECOMMENDATION: Favorable Unfavorable
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.
(The language of this article has to be clarified
Or to take any other action relative thereto.
with property owner as to intent)
Board of Selectmen
RECOMMENDATION: Favorable Unfavorable
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