HomeMy WebLinkAbout2013-05-20 Planning Board Minutes (9)
PLANNING BOARD
Meeting Minutes
Tuesday, May 20, 2013
Town Hall, 120 Main Street
8:00 AM
Present: J. Simons, M. Colantoni, R. Rowen, D. Kellogg, L. Rudnicki. L. McSherry
1
Absent:
2
Staff Present: J. Tymon, J. Enright
3
4
Meeting began at 8:03am.
5
6
POSTPONEMENT
7
CONTINUED PUBLIC HEARING, 1077 Osgood Street: Application for a Watershed Special
8
Permit and Site Plan Review Special Permit. Applicant proposes to construct a 3,672 sq. ft.
9
single story retail bank, parking lot, and stormwater structures within the Non-Discharge Zone
10
and Non-Disturbance Zone of the Watershed Protection District.
11
12
CONTINUED PUBLIC HEARING, 0 Great Pond Road: Application for a Watershed Special
13
Permit. Applicant seeks to construct a single family dwelling with appurtenances on a presently
14
undeveloped, buildable lot.
15
16
CONTINUED PUBLIC HEARING, 100 Dale Street: Application for a Watershed Special
17
Permit. The project consists of two (2) building lots. Structures on Lot 2 are to be demolished.
18
A single family home with associated clearing, grading, utilities and stormwater maintenance
19
features is proposed for Lot 1 and Lot 2.
20
21
PUBLIC HEARINGS
22
CONTINUED PUBLIC HEARINGAnnual Town Meeting Zoning Articles
23
:
Planning Board Report –May 13 2013
24
The Planning Board makes the recommendations regarding the following Town Meeting warrant
25
articles as required by M.G.L. c.40A, Section 5 and Chapter 2, Section 9 of the Town Code:
26
27
Article 4. Authorization to Accept Grants of Easements.
To see if the Town will vote to
28
authorize the Board of Selectmen and the School Committee to accept grants of easements for
29
access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board
30
and Committee deem in the best interest of the Town;
31
32
Or to take any other action relative thereto.
33
Board of Selectmen
34
Planning Board Recommendation Recommendation to be made at Town Meeting
35
A motion was made by R. Rowen to recommend favorable action on Article 4. The motion was
36
seconded by D. Kellogg. The vote was unanimous.
37
38
Article 5. Authorization to Grant Easements.
To see if the Town will vote to authorize
39
the Board of Selectmen and the School Committee to grant easements for access, water,
40
drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee
41
deem in the best interest of the Town;
42
43
Or to take any other action relative thereto.
44
1
PLANNING BOARD
Meeting Minutes
Tuesday, May 20, 2013
Town Hall, 120 Main Street
8:00 AM
Board of Selectmen
45
Planning Board Recommendation Recommendation to be made at Town Meeting
46
A motion was made by R. Rowen to recommend Favorable Action on Article 5. The motion was
47
seconded by D. Kellogg. The vote was unanimous.
48
49
Article 7: Acceptance of a Public Way – Red Gate Lane
50
To see if the Town will vote to accept and name Red Gate Lane as a public way, as laid out by
51
the Board of Selectmen, and as shown as “Red Gate Lane” on a plan entitled, “Red Gate Lane
52
Street Layout Plan, prepared for Whispering Pines Realty Trust, 4 Sandalwood Lane, Methuen
53
MA 01844, Scale 1” = 40’, March 25, 2013, Waypoint Survey Service”, and to accept deeds to
54
the street and all related easements, shown on plan entitled “Red Gate Pasture Definitive
55
Subdivision Plan, prepared for Red Gate Realty Trust, 33 Walker Road, North Andover MA
56
01845, November 22, 1996, Scale 1” = 40’, New England Engineering Services, Inc., 33 Walker
57
Road, Suite 23, North Andover, MA 01845”, recorded with North Essex Registry of Deeds as
58
Plan No. 15349 and on the above referenced Street Layout Plan,
59
60
or take any action relative thereto.
61
62
Planning Board
63
64
Board of Selectmen Recommendation: To be made at Town Meeting
65
Planning Board Recommendation: Favorable Action pending the outstanding issues
66
are resolved
67
J. Tymon: All outstanding issues have been resolved. The ‘pending outstanding issues’ will be
68
deleted.
69
Vote Required: Majority Vote
70
71
Article 11: Citizen’s Petition – Conveyance of Property from Orchard Village, LLC to
72
Town of North Andover.
To see if the Town will vote to authorize the Board of Selectmen to
73
accept, for no monetary consideration, the conveyance of the following property from Orchard
74
Village, LLC, upon terms and conditions deemed by the Board of Selectmen to be in the best
75
interest of the Town.
76
77
That certain parcel of land, together with all buildings and improvements thereon, including
78
without limitation the water pump station and all equipment and pump station apparatus, located
79
off of Salem Turnpike in North Andover, Essex County, Massachusetts, and more particularly
80
described as Lot 33 on a plan of land entitled: “Definitive Subdivision Plan For ‘Orchard
81
Village’ in North Andover, Mass. Record Owners: Agnes M. Kmiec 1996 Realty Trust, 1001
82
Turnpike Street, North Andover, MA 01845, Applicant: Orchard Village, LLC, 44 Great Pond
83
Road, Boxford, MA 01921, Christiansen & Sergi Professional Engineers Land Surveyors, 160
84
Summer St. Haverhill, MA 01830, Tel. 978-373-0310”, dated April 2, 2009, last revised on June
85
9, 2009, and filed with the Essex North Registry of Deeds District of the Land Court on October
86
16, 2009 as Plan Number 18083E, to which plan reference may be had for a more particular
87
2
PLANNING BOARD
Meeting Minutes
Tuesday, May 20, 2013
Town Hall, 120 Main Street
8:00 AM
description of said Lot 33 (hereinafter referred to as the “Subdivision Plan”). The above Lot is
88
designated “Not a Building Lot” and contains 2,047 square feet (.0470 ac), more or less,
89
according to said Subdivision Plan. Said property shall be conveyed subject to the following
90
conditions:
91
92
1.The fee in the roadway shown as the “Proposed Road” and Lot 34 on the
93
Subdivision Plan shall be reserved to the Orchard Village, LLC. There shall be
94
conveyed herewith the right to use, in common with the Orchard Village, LLC and
95
those claiming by through or under the Orchard Village, LLC and others lawfully
96
entitled thereto, the way shown on the Plan as Proposed Road (now known as
97
Empire Drive) for the purpose of ingress and egress to the property granted herein.
98
99
2.Orchard Village, LLC shall reserve unto itself, its heirs and assigns, all easements
100
affecting the premises conveyed to the Town and shown on the Subdivision Plan.
101
This conveyance shall be subject to the easements, conditions, and restrictions
102
contained in the Subdivision Plan, and all other easements, reservations, covenants
103
and restrictions of record, insofar as the same are in force and applicable, and
104
acceptable to the Board of Selectmen, however not intending to revive any of the
105
same.
106
107
3.Orchard Village, LLC shall also grant to the Town a permanent and perpetual right
108
and easement to re-install, maintain and repair the water mains and associated pipes
109
and fixtures now located within said Lot 34, in common with Orchard Village, LLC
110
and those claiming by through or under the Orchard Village, LLC and others
111
lawfully entitled thereto to use Lot 34 for all purposes that street and ways are
112
currently used in the Town of North Andover. The Grantor shall also reserve the
113
right to install, maintain and repair utilities in Lot 34, excluding the water mains and
114
associated pipes and fixtures.
115
116
4.Upon any exercise of the easement rights that disturb the surface of the ground of
117
Lot 34, the Grantee shall reasonably restore the ground to its previous condition. By
118
acceptance of this conveyance, the Town shall accept responsibility for the
119
maintenance, operation and repair of the water booster pump station and all related
120
improvements and equipment located on said Lot 33 and the water mains and
121
associated pipes and fixtures located within said Lot 34.
122
123
5.There is reserved unto Orchard Village, LLC an easement and right to connect
124
Orchard Village LLC’s remaining land to the water mains and associated pipes and
125
fixtures located within said Lot 34, upon the payment of customary connection fees
126
to the town,
127
128
Or take any other action related thereto.
129
130
3
PLANNING BOARD
Meeting Minutes
Tuesday, May 20, 2013
Town Hall, 120 Main Street
8:00 AM
Petition of Douglas B. Small, et al
131
132
133
Board of Selectmen Recommendation: Favorable Action
134
Planning Board Recommendation Recommendation to be made at Town Meeting
135
Vote Required: Majority Vote
136
Bruce Thibodeau, Director DPW: The Article wording is the way the Town wants it. The pump
137
station is constructed the way the Town wants it.
138
A motion was made by M. Colantoni to recommend Favorable Action on Article 11. The motion
139
was seconded by L. Rudnicki. The vote was unanimous.
140
141
Article 20: Appropriation – Capital Improvement Plan for Fiscal Year 2014
. To see if the
142
Town will vote to fund the Capital Improvement Program as listed under the heading “Board of
143
Selectmen/Finance Committee/Town Manager Recommendations” and with the language
144
included,
145
4
PLANNING BOARD
Meeting Minutes
Tuesday, May 20, 2013
Town Hall, 120 Main Street
8:00 AM
146
FY14 CIP
Recommendations
Other Funding
Board of SelectmenSourcesAuthorized to
Finance Committee(Grants, Chapter 90Borrow under
Town Manager Excess bond
Line #Project DescriptionRecommendations CPA & Spec Rev)ProceedsChapter 44
Ambulance
$ 260,000$ (20,688)$ 239,312
1
Roadway Improvements
$ 1,115,000$ (775,000)$ (29,476)$ 310,524
2
Sidewalks Reconstruction
$ 75,000$ 75,000
3
Building Maintnenace
$ 150,000$ 150,000
4
Front End Loader
$ 230,000$ 230,000
5
District Wide Paving
$ 100,000$ (7,309)$ 92,691
6
Town Farm: Construction of Playing Fields
7
(Phase I)
$ 300,000$ (300,000)$ -
Facilities Master Plan Implementation
$ 3,895,500$ 3,895,500
8
IT Room Air Conditioning
$ 76,839$ 76,839
9
Municipal IT
$ 50,000$ 50,000
10
Tractor and Brush Cutter
$ 125,000$ 125,000
11
School IT
$ 127,131$ 127,131
12
Water & High Street Lights, Intersection,
Road Improv
$ 110,000$ 110,000
13
General Fund Total
$ 6,614,470$ (1,075,000)$ (57,473)$ 5,481,997
Replacement of Carbon Filter Actuators
$ 220,000$ (172,809)$ 47,191
14
Emergency Power Upgrade WTP
$ 220,000$ 220,000
15
Water Enterprise Fund Total
$ 440,000$ -$ (172,809)$ 267,191
School St & Bunkerhill St Sewer Replacment
$ 300,000$ (300,000)$ -
16
Improvements to vaious Sewer Pump
Stations
$ 1,462,381$ (1,462,381)$ -
17
Sewer Enterprise Fund Total
$ 1,762,381$ -$ (1,762,381)$ -
Total All Funds
$ 8,816,851$ (1,075,000)$ (1,992,663)$ 5,749,188
5
PLANNING BOARD
Meeting Minutes
Tuesday, May 20, 2013
Town Hall, 120 Main Street
8:00 AM
that to meet this appropriation:
(1) The Treasurer with the approval of the Board of Selectmen is authorized to borrow $5,749,188
under chapter 44 of the Massachusettes General Law or any other enabling authority,
(2) a portion of the appropriation for item 1 above shall be funded with the transfer from
the following projects in the amounts set forth below, said sum represents excess bond
proceeds not needed for the completion of the projects:
AmountProjectDate/Article Number
$ 4,108.02Fire Truck2010 / Art 1Date Bonded
$ 1,490.11Drainage Inmprovements 20072006 /Art 24 Sec 32/17/2011
$ 8,090.00Senior Center Roof Replacement2010 / Art 28 Sec 3 6/15/09
Dump Truck w/plow, sander and basin
cleaner
$ 6,999.872011 Art 27 Sec 102/17/2011
$ 20,688.005/17/2012
(3) a portion of the appropriation for item 2 above shall be funded with the transfer from
the following projects in the amounts set forth below, said sums represent excess bond
proceeds not needed for the completion of the projects:
AmountProjectDate/Article Number Date Bonded
$ 1,996.00Internet Telephone System2011 / Art 27 Sec 35/17/2012
$ 223.00School Data Storage and Intergration2011 / Art 27 Sec 85/17/2012
$ 2,156.00Network Connection Upgrade2008 / Art 14 Sec 76/15/2009
$ 25,101.00Emergency Generator 2011 / Art 27 Sec 75/17/2012
$ 29,476.00
(4) a portion of the appropriation for item 6 above 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:
AmountProjectDate/Article Number Date Bonded
$ 7,309.00Fire Sprinkler System - Kittridge School2010 / Art 28 Sec 122/17/2011
$ 7,309.00
147
6
PLANNING BOARD
Meeting Minutes
Tuesday, May 20, 2013
Town Hall, 120 Main Street
8:00 AM
(5) a portion of the appropriation for item 14 above shall be funded with the transfer from
the following projects in the amounts set forth below, said sum represents excess bond
proceeds not needed for the completion of the projects:
AmountProjectDate/Article Number Date Bonded
$ 4,000.28Lake Co1991 / Art 12 Sec 206/15/2001
$ 113,925.00Bear Hill Reseviour2004 / Art 11 sec 226/15/2005
$ 40,507.28Water Main Rehab2007 / Art 21 Sec 196/17/2008
12/15/2009
$ 14,376.44Foxwood Booster Pump2008 / Art 14 Sec 16
$ 172,809.00
(6) the appropriation for item 16 above shall be funded with the transfer from
the following projects in the amounts set forth below, said sum represents excess bond
proceeds not needed for the completion of the projects:
AmountProjectDate/Article Number Date Bonded
refunding
$27,424.62East Side Interceptor2001 / Art 8 Sec 14bonds 6/15/03
refunding bonds
$5,927.41Sewer System Ext Phase IVA2001 / Art 8 Sec 156/15/03
$30,913.66Sewer System Ext in Watershed2002 / Art 11 Sec 246/15/2003
$1,945.00Angus pump1992 / Art 21 1/15/1996
refunding
$128,993.07Sewer Sy Ext Phase 3C1998 / Art 10 Sec 27 bonds 6/12/08
$73,875.67West Side Sewer Trunk Relief1998 / Art 10 Sec 26 6/15/2001
$2,439.51Sewer System Phase III D2000 / Art 14 Sec 254/1/2002
$900.00Sewer System Ext Phase IV2000 /Art 14 Sec 164/1/2002
$897.94Eastside Sewer Replacement Design2000 / Art 14 Sec 28 4/1/2002
$3,000.00New Bonny Lane Pump Station2004 / Art 11 Sec 28 6/13/2005
$23,683.12Sewer Ext Phase 4D2005 / Art 10 Sec 59/20/2006
$300,000.00
(7) a portion of the appropriation for item 17 above shall be funded with the transfer from
the following projects in the amounts set forth below, said sum represents excess bond
proceeds not needed for the completion of the projects:
AmountProjectDate/Article Number Date Bonded
$123,477.35Sewer Ext Phase 4D2005 / Art 10 Sec 5 9/20/2006
$938,406.39Waverly Road Relief Sewer Main2007 / Art 21 Sec 23 6/1/2008
148
7
$400,497.31Eastside Trunk Sewer2008 / Art 14 Sec 17 12/15/2009
$1,462,381.05
PLANNING BOARD
Meeting Minutes
Tuesday, May 20, 2013
Town Hall, 120 Main Street
8:00 AM
or to take any other action relative thereto.
149
150
Town Manager
151
152
Board of Selectmen Recommendation: Favorable Action
153
Finance Committee Recommendation: Favorable Action
154
Planning Board Recommendation Recommendation to be made at Town Meeting
155
B. Thibodeau, Director DPW: Provided an explanation for CIP recommendations
156
(numbers 2, 3, 13, 14, 15, 16 and 17).
157
A motion was made by D. Kellogg to recommend Favorable Action on the CIP funding line
158
items. The motion was seconded by M. Colantoni. The vote was unanimous.
159
Vote Required: Two-third (2/3) Vote
160
161
162
163
EXPLANATION: A capital improvement plan is a major, non-routine expenditure for
164
new construction, major equipment purchase, or improvement to existing buildings,
165
facilities, land or infrastructure with an estimated useful life of five years or more, and a
166
cost of $25,000 or more. Items in this plan are funded by debt; the Town will issue bonds
167
of 10, 15 or 20 years (depending upon the project) and pay principal and interest payments
168
over that term. The bonds may be general obligation (funded by the general tax levy) or
169
special obligation (funded by water or sewer rates).
170
171
172
Article 26: Authorize the Acquisition of the Rea’s Pond Sewer Pump Station.
To see if the
173
Town will vote to authorize the Board of Selectmen to acquire by gift, purchase, or eminent
174
domain the sewerage pump station and contiguous sewer lines, manholes, conduits and other
175
appurtenances necessary for the flowage of sewerage and associated with the operation of the
176
sewer system known as the Great Pond Road Pumping Station by Rea’s Pond, including but not
177
limited to all right, title and interest in any easements associated with said sewer system, and all
178
right, title and interest to all and every property interest, real or personal, in any manner
179
associated with the sewer system, which are located in the areas shown as “Easement1” and
180
“Easement 2” on plan of land entitled “Easement Plan, Rea’s Pond Pumping Station, Great Pond
181
Road, North Andover, Massachusetts,” dated March 8, 2013, Scale 1” = 50’, drawn by Merrill
182
Associates, Inc., Hanover, MA, and to pay no damages for said eminent domain taking,
183
184
or to take any other action relative thereto.
185
186
Town Manager
187
188
Board of Selectmen Recommendation: Favorable Action
189
Conservation Commission Recommendation: Favorable Action
190
8
PLANNING BOARD
Meeting Minutes
Tuesday, May 20, 2013
Town Hall, 120 Main Street
8:00 AM
Planning Board Recommendation Recommendation to be made at Town Meeting
191
B. Thibodeau, Director DPW: Provided an overview and justification for Article 26 and Article
192
27.
193
A motion was made by R. Rowen to recommend Favorable Action on Article 26. The motion
194
was seconded by L. McSherry. The vote was unanimous.
195
Vote Required: Two-third (2/3) Vote
196
197
198
EXPLANATION: The Town is planning substantial upgrades to an existing sewer pump
199
station at Rae’s Pond (see Article 20 above). This town owned pump station is located on an
200
easement previously acquired from the Conservation Commission. This Article is a legal
201
requirement prior to commencing work on said pump station.
202
203
204
Article 27: Approve Special Legislation for Easement at Rea’s Pond Sewer Pump Station.
205
To see if the Town will vote to authorize the Board of Selectmen to file a petition to the
206
Legislature to authorize, notwithstanding the provisions of Article 97 of the Constitution of the
207
Commonwealth of Massachusetts, or any general or special law to the contrary, the Conservation
208
Commission of the Town of North Andover to grant to the Town of North Andover Board of
209
Selectmen a permanent easement upon the land shown as “Easement 1” and “Easement 2” on
210
Plan entitled “Easement Plan, Rea’s Pond Pumping Station, Great Pond Road, North Andover,
211
Massachusetts,” dated March 8, 2013, Scale 1” = 50’, drawn by Merrill Associates, Inc.,
212
Hanover, MA, which land is currently under the care, custody and control of the Conservation
213
Commission, to be used for the use and replacement of the existing sewerage pump station and
214
contiguous sewer lines, manholes, conduits and other appurtenances associated with the
215
operation of the sewer system known as the Great Pond Road pumping station,
216
217
or to take any other action relative thereto.
218
Town Manager
219
220
Board of Selectmen Recommendation: Favorable Action
221
Conservation Commission Recommendation: Favorable Action
222
Planning Board Recommendation Recommendation to be made at Town Meeting
223
A motion was made by L. McSherry to recommend Favorable Action on Article 27. The motion
224
was seconded by R. Rowen. The vote was unanimous.
225
Vote Required: Majority
226
227
228
EXPLANATION: See EXPLANATION for Article 26 above.
229
230
9
PLANNING BOARD
Meeting Minutes
Tuesday, May 20, 2013
Town Hall, 120 Main Street
8:00 AM
231
232
Article 29: Amend Zoning Bylaw – Section 6: Signs and Outdoor Lighting Regulations.
233
To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 6
234
Signs and Sign Lighting Regulations, Subsection 6.3 Definitions by defining an “Off-Premise
235
Sign” and amending Subsection 6.5 to allow projecting signs and prohibiting Off-Premise
236
Signs,
237
238
or to take any other action relative thereto.
239
240
Amend Section 6 by adding the underlined language and deleting the marked section to read as
241
follows:
242
243
SECTION 6 SIGNS AND SIGN LIGHTING REGULATIONS
244
245
6.3 Definitions
246
A-Frame Sign/Sandwich Board: A portable, temporary sign or device capable of standing
247
without support or attachments.
248
Accessory Sign - A sign that advertises activities, goods, products, or a specific use, owner,
249
or tenant, available within the building or on the property on which the sign is located, or
250
advertises the property as a whole or any part thereof for sale or rent.
251
10
PLANNING BOARD
Meeting Minutes
Tuesday, May 20, 2013
Town Hall, 120 Main Street
8:00 AM
Animated Sign: Any sign that uses movement or a change of lighting to depict action or
252
create a special effect or scene.
253
Building Frontage - The length in feet of a ground floor level of a building front or side
254
facing a street (or facing a right-of-way accessible from a street) that is occupied by an individual
255
business.
256
Directional Sign - A non-accessory sign containing no advertising and giving direction to
257
community (non-commercial) activities, buildings, areas, such as churches, schools,
258
playgrounds, museums, historical sites, public buildings, etc. Sign not to exceed 12"x30".
259
Display Window Signs - Temporary signs on the surface of or inside display windows,
260
lighted only by the general building illumination.
261
Erect - Shall mean and include to construct, place, relocate, enlarge, alter, attach, suspend,
262
and post.
263
Flagpole - A pole erected on a roof, or projecting from a building or structure or on the
264
ground.
265
Freestanding Sign - Shall mean and include any sign not attached to a building or the ground.
266
Ground Sign - Any sign erected on the ground which is self-supported and anchored to the
267
ground.
268
Illuminated Sign - Illuminated sign shall mean any sign illuminated by electricity or other
269
artificial light including reflective or phosphorescent light and shall include location of source of
270
illumination.
271
Marquee - Any sheltering structure of permanent construction projecting from and totally
272
supported by the wall and/or roof of a building.
273
Non-Accessory Sign - Any sign that is not an accessory sign.
274
Obscene - shall have the meaning as that term is defined in Massachusetts General Laws
275
Chapter 272, Section 1. Massachusetts General Laws, Chapter 272, Section defines "obscene" as
276
follows:
277
appeals to the prurient interest of the average person applying the contemporary standards of
278
the county where the offense was committed;
279
depicts or describes sexual conduct in a potentially offensive way; and
280
lacks serious literary, artistic, or political or scientific value.
281
Off-Premise Sign - A sign that advertises products or services that are not sold, produced,
282
manufactured or furnished on the property where the sign is located. An outdoor display is an
283
off-premise sign.
284
Permanent Sign - Any sign permitted to be erected and maintained for more than sixty (60)
285
days.
286
Primary Sign - The principal accessory sign which may be a wall, roof, or ground sign, as
287
allowed in Section 6.6.
288
Projecting Sign - Any sign which is attached or suspended from a building or other structure
289
and any part of which projects more than twelve (12) inches from the wall surface of that portion
290
of the building or structure.
291
Roof Sign - Any sign erected, constructed, and maintained wholly upon, connected to, or
292
over the roof or parapet of any building with the entire support on the roof or roof structure.
293
11
PLANNING BOARD
Meeting Minutes
Tuesday, May 20, 2013
Town Hall, 120 Main Street
8:00 AM
Secondary Sign - Is a wall, roof, or ground sign intended for the same use as a primary sign
294
but smaller dimensions and lettering, as allowed in Section 6.6.
295
Sign - A sign is any structure, mechanically or electrically driven, still or moving device,
296
light, letter, figure, word, model, banner, pennant, trade flag, or representation that is designed to
297
be seen from outside the lot on which it is erected. It advertises activities, goods, places, persons,
298
objects, institutions, organizations, associations, businesses or events, products, services, or
299
facilities available either on the property where the sign appears or in some other location. The
300
definition includes electric signs in windows or doors, but does not include window displays or
301
merchandise. A sign may be permanent or temporary.
302
Sign Size (Area)
303
(a). For a sign, either free-standing or attached, the area shall be considered to include all
304
lettering, wording and accompanying designs and symbols, together with the background,
305
whether open or enclosed, on which they are displayed but not including any supporting
306
framework and bracing which are incidental to the display itself.
307
(b). For a sign painted upon or applied to a building, the area shall be considered to
308
include all lettering, wording, and accompanying designs or symbols together with any
309
backing of a different color than the finish material of the building face.
310
(c). Where the sign consists of individual letters or symbols attached to or painted on a
311
surface, building, wall or window, the area shall be considered to be that of the smallest
312
rectangle or other convex shape which encompasses all of the letters and symbols.
313
Temporary Sign: A sign permitted to be used on a short-term basis for the duration of no
314
longer than sixty (60) days unless otherwise specifically provided herein.
315
Wall Sign - Any sign affixed to, suspended from or painted on a wall, window, marquee, or
316
parapet.
317
318
6.5 Prohibitions:
319
No sign shall be lighted, except by steady, stationary light, shielded and directed solely at the
320
sign. Internally lit signs are not allowed.
321
No illumination shall be permitted which casts glare onto any residential premises or onto
322
any portion of a way so as to create a traffic hazard.
323
No sign shall be illuminated in any residential district between the hours of 12:00 midnight
324
and 6:00 a.m. unless indicating time or temperature or an establishment open to the public during
325
those hours.
326
No sign having red or green lights shall be erected within sight of a traffic signal unless
327
approved as non-hazardous by the Chief of Police.
328
No animated, revolving, flashing, or exterior neon sign shall be permitted.
329
No pennants, streamers, advertising flags, spinners or similar devices shall be permitted,
330
except as allowed by the board of Selectmen.
331
Corner visibility shall not be obstructed.
332
No sign shall be erected, displayed, or maintained upon any rock, tree, fence, or utility pole.
333
No sign shall be erected, displayed, or maintained if it contains any obscene matter.
334
12
PLANNING BOARD
Meeting Minutes
Tuesday, May 20, 2013
Town Hall, 120 Main Street
8:00 AM
Flags and insignia of any Government when displayed in connection with commercial
335
promotion.
336
No sign shall obstruct any means of egress from a building.
337
Projecting signs are prohibited.
338
Non-accessory signs are prohibited except for directional signs as allowed in Section 6.6, B.
339
No signs shall be attached to motor vehicles, trailers or other movable objects regularly or
340
recurrently located for fixed display.
341
No off-premise signs.
342
343
Board of Selectmen
344
345
Board of Selectmen Recommendation: Favorable Action
346
Planning Board Recommendation: Recommendation to be made at Town Meeting
347
Curt Bellavance, Director Community Development: Provided an explanation for the three
348
recommended changes to Section 6 Signs and Sigh Lighting Regulations. The definition of Off
349
Premise Sign will be slightly modified when presented at Town Meeting.
350
A motion was made by D. Kellogg to recommend Favorable Action on Article 29 with the
351
revision recommended by C. Bellavance. The motion was seconded by M. Colantoni. The vote
352
was unanimous.
353
Vote Required: Two-third (2/3) Vote
354
355
356
EXPLANATION: This Article will prohibit off-premise signs and would allow the use of
357
projecting signs. The Article also changes the definition of an ‘off-premise’ sign.
358
359
360
Article 31: Amend Zoning Bylaw – Section 8: Supplementary Regulations by adding
361
Subsection 8.11: Wind Facilities.
To see if the Town will vote to amend the Town of North
362
Andover Zoning Bylaw, by adding Section 8.11 Wind Facilities in order to allow time to make
363
the appropriate amendments to the Zoning Bylaw to allow the use of Wind Facilities,
364
365
or to take any other action relative thereto.
366
367
Amend Zoning Bylaw by adding a new Section 8.11 to read as follows:
368
369
8.11.1 Purpose: Provide restrictions that will allow the Town adequate time to consider whether
370
to allow the construction and operation of on-site and utility-scale wind facilities and to provide
371
standards for the placement, design, construction, monitoring, modification and removal of wind
372
facilities that address public safety, give consideration to impacts on scenic, natural and historic
373
resources of the town and provide adequate financial assurance for decommissioning, to the
374
extent that such facilities are permitted under state laws and regulations, and if so, where and
375
under what conditions. This interim bylaw shall provide to the town the opportunity to study the
376
potential impacts of wind facilities on adjacent uses and on general public health, safety and
377
13
PLANNING BOARD
Meeting Minutes
Tuesday, May 20, 2013
Town Hall, 120 Main Street
8:00 AM
welfare, and to develop zoning and other applicable regulations that appropriately address these
378
considerations consistent with statewide regulations and permitting procedures.
379
380
8.11.2 Definition: This interim bylaw shall apply to all commercial wind facilities where the
381
primary use of the facility is electrical generation to be sold to the wholesale electricity markets.
382
This bylaw also applies to all on-site wind facilities located at a residential, commercial,
383
industrial, agricultural, institutional, or public facility that will consume more than 50% of the
384
electricity by the project on-site.
385
386
8.11.3 Interim Restriction: Wind Energy Facilities shall not be permitted is any zoning district in
387
the Town of North Andover so long as this Section 8.11 is effective, as set forth in Section 8.11.4
388
below. Use variances shall be strictly prohibited.
389
390
8.11.4 Expiration: The Moratorium shall be in effect through July 1, 2014, so that the Town of
391
North Andover can enact superseding zoning regulations that set forth the allowed locations,
392
dimensional, parking and other requirements applicable to wind energy facilities.
393
394
Board of Selectmen
395
396
Board of Selectmen Recommendation: Favorable Action
397
Planning Board Recommendation: Recommendation to be made at Town Meeting
398
A motion was made by L. McSherry to recommend Favorable Action on Article 31. The motion
399
was seconded by D. Kellogg. The vote was unanimous.
400
Vote Required: Two-third (2/3) Vote
401
402
403
EXPLANATION: This Article places a moratorium on the installation of wind energy
404
systems until July 1, 2014. The moratorium will allow the Town sufficient time to create a
405
Wind Energy System Zoning Bylaw.
406
407
408
Article 33: Amend Zoning Bylaw – Section 18: Downtown Overlay District, Subsection
409
18.2: Permitted Uses.
To see if the Town will vote to amend the Town of North Andover
410
Zoning Bylaw, Section 18 – Downtown Overlay District, Subsection 18.2 Permitted Uses,
411
412
or to take any other action relative thereto.
413
414
Amend Section 18.2 by adding the following underlined language to read as follows:
415
416
SECTION 18 DOWNTOWN OVERLAY DISTRICT
417
418
18.2 Permitted Uses
419
The following uses shall be permitted by right in the Downtown Overlay District:
420
14
PLANNING BOARD
Meeting Minutes
Tuesday, May 20, 2013
Town Hall, 120 Main Street
8:00 AM
1.General merchandise retail stores and salesrooms
421
2.Specialty food stores, retail bakeries and coffees shops
422
3.Sporting goods stores
423
4.Craft, hobby, book and music stores
424
5.Art gallery
425
6.Hardware stores
426
7.Convenience stores
427
8.Drug stores, pharmacies
428
9.Banks
429
10.Professional offices
430
11.Medical or dental offices
431
12.Business services such as copying and mailing services
432
13.Travel agency
433
14.Municipal, civic or public service buildings, such as post office, telephone exchanges,
434
town offices, school, library, museum, or place of worship
435
15.Hall, club, theater, or other place of amusement or assembly
436
16.Food services establishments such as full or limited service restaurants and drinking
437
establishments
438
17.Indoor amusements
439
18.Bed and breakfast facility or inn with six (6) rooms or less
440
19.Multi-family dwelling (18 or less units)
441
20.Mixed-use structures
442
21.Any accessory use customarily incident to any of the above permitted uses, provided that
443
such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
444
445
The following uses shall be permitted by special permit in the Downtown Overlay District:
446
447
1.Drive-thrus for any of the above allowed uses
448
2.Free-standing automated teller machine (ATM)
449
3.Day care center
450
4.Bed and breakfast facility or inn with more than six (6) rooms
451
5.Hotel or motel
452
6.Funeral homes
453
7.Any retail use listed above as an allowed use that exceeds a gross floor area of 25,000 sq.
454
ft.
455
8.Public garage
456
9.Multi-family dwelling (greater than 18 units)
457
458
Board of Selectmen
459
460
15
PLANNING BOARD
Meeting Minutes
Tuesday, May 20, 2013
Town Hall, 120 Main Street
8:00 AM
Board of Selectmen Recommendation: Favorable Action
461
Planning Board Recommendation: Recommendation to be made at Town Meeting
462
Curt Bellavance, Director Community Development: Provided an explanation and intent of
463
Article 33.
464
A motion was made by L. McSherry to recommend Favorable Action on Article 33. The motion
465
was seconded by M. Colantoni. The vote was unanimous.
466
Vote Required: Two-third (2/3) Vote
467
468
469
EXPLANATION: The change would continue to allow multi-family residences, by right, if
470
they are 18 units or less. If a proposal is greater than 18 units, the project would be subject
471
to receiving a special permit by the Planning Board. Special Permits require a public
472
hearing and are subject to greater scrutiny.
473
474
475
476
ADJOURNMENT
477
MOTION
:
478
A motion was made by R. Rowen to adjourn the meeting. The motion was seconded by D.
479
Kellogg. The vote was unanimous.
480
481
The meeting adjourned at 8:40am.
482
483
MEETING MATERIALS: Agenda, Article 28-Chickens, Planning Board Report—Revised
484
5/20/2013.
485
16