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Home My WebLink About2013-05-20 Planning Board Supplemental Materials (9) PB Report 05/20/13 Revised Town of North Andover Annual Town Meeting May 21, 2013 Planning Board Report –May 13 2013 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 Planning Board Recommendation Recommendation to be made at Town Meeting 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 Planning Board Recommendation Recommendation to be made at Town Meeting Article 7: Acceptance of a Public Way – Red Gate Lane To see if the Town will vote to accept and name Red Gate Lane as a public way, as laid out by the Board of Selectmen, and as shown as “Red Gate Lane” on a plan entitled, “Red Gate Lane Street Layout Plan, prepared for Whispering Pines Realty Trust, 4 Sandalwood Lane, Methuen MA 01844, Scale 1” = 40’, March 25, 2013, Waypoint Survey Service”, and to accept deeds to the street and all related easements, shown on plan entitled “Red Gate Pasture Definitive Subdivision Plan, prepared for Red Gate Realty Trust, 33 Walker Road, North Andover MA 01845, November 22, 1996, Scale 1” = 40’, New England Engineering Services, Inc., 33 Walker Road, Suite 23, North Andover, MA 01845”, recorded with North Essex Registry of Deeds as Plan No. 15349 and on the above referenced Street Layout Plan, or take any action relative thereto. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting 1 PB Report 05/20/13 Revised Planning Board Recommendation: Favorable Action pending the outstanding issues are resolved Vote Required: Majority Vote Article 11: Citizen’s Petition – Conveyance of Property from Orchard Village, LLC to Town of North Andover. To see if the Town will vote to authorize the Board of Selectmen to accept, for no monetary consideration, the conveyance of the following property from Orchard Village, LLC, upon terms and conditions deemed by the Board of Selectmen to be in the best interest of the Town. That certain parcel of land, together with all buildings and improvements thereon, including without limitation the water pump station and all equipment and pump station apparatus, located off of Salem Turnpike in North Andover, Essex County, Massachusetts, and more particularly described as Lot 33 on a plan of land entitled: “Definitive Subdivision Plan For ‘Orchard Village’ in North Andover, Mass. Record Owners: Agnes M. Kmiec 1996 Realty Trust, 1001 Turnpike Street, North Andover, MA 01845, Applicant: Orchard Village, LLC, 44 Great Pond Road, Boxford, MA 01921, Christiansen & Sergi Professional Engineers Land Surveyors, 160 Summer St. Haverhill, MA 01830, Tel. 978-373-0310”, dated April 2, 2009, last revised on June 9, 2009, and filed with the Essex North Registry of Deeds District of the Land Court on October 16, 2009 as Plan Number 18083E, to which plan reference may be had for a more particular description of said Lot 33 (hereinafter referred to as the “Subdivision Plan”). The above Lot is designated “Not a Building Lot” and contains 2,047 square feet (.0470 ac), more or less, according to said Subdivision Plan. Said property shall be conveyed subject to the following conditions: 1.The fee in the roadway shown as the “Proposed Road” and Lot 34 on the Subdivision Plan shall be reserved to the Orchard Village, LLC. There shall be conveyed herewith the right to use, in common with the Orchard Village, LLC and those claiming by through or under the Orchard Village, LLC and others lawfully entitled thereto, the way shown on the Plan as Proposed Road (now known as Empire Drive) for the purpose of ingress and egress to the property granted herein. 2.Orchard Village, LLC shall reserve unto itself, its heirs and assigns, all easements affecting the premises conveyed to the Town and shown on the Subdivision Plan. This conveyance shall be subject to the easements, conditions, and restrictions contained in the Subdivision Plan, and all other easements, reservations, covenants and restrictions of record, insofar as the same are in force and applicable, and acceptable to the Board of Selectmen, however not intending to revive any of the same. 3.Orchard Village, LLC shall also grant to the Town a permanent and perpetual right and easement to re-install, maintain and repair the water mains and associated pipes and fixtures now located within said Lot 34, in common with Orchard Village, LLC and those claiming by through or under the Orchard Village, LLC and others 2 PB Report 05/20/13 Revised lawfully entitled thereto to use Lot 34 for all purposes that street and ways are currently used in the Town of North Andover. The Grantor shall also reserve the right to install, maintain and repair utilities in Lot 34, excluding the water mains and associated pipes and fixtures. 4.Upon any exercise of the easement rights that disturb the surface of the ground of Lot 34, the Grantee shall reasonably restore the ground to its previous condition. By acceptance of this conveyance, the Town shall accept responsibility for the maintenance, operation and repair of the water booster pump station and all related improvements and equipment located on said Lot 33 and the water mains and associated pipes and fixtures located within said Lot 34. 5.There is reserved unto Orchard Village, LLC an easement and right to connect Orchard Village LLC’s remaining land to the water mains and associated pipes and fixtures located within said Lot 34, upon the payment of customary connection fees to the town, Or take any other action related thereto. Petition of Douglas B. Small, et al Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation Recommendation to be made at Town Meeting Vote Required: Majority Vote Article 20: Appropriation – Capital Improvement Plan for Fiscal Year 2014 . To see if the Town will vote to fund the Capital Improvement Program as listed under the heading “Board of Selectmen/Finance Committee/Town Manager Recommendations” and with the language included, 3 PB Report 05/20/13 Revised 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 4 PB Report 05/20/13 Revised 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 5 PB Report 05/20/13 Revised (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 $400,497.31Eastside Trunk Sewer2008 / Art 14 Sec 17 12/15/2009 $1,462,381.05 6 PB Report 05/20/13 Revised or to take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Planning Board Recommendation Recommendation to be made at Town Meeting Vote Required: Two-third (2/3) Vote EXPLANATION: A capital improvement plan is a major, non-routine expenditure for new construction, major equipment purchase, or improvement to existing buildings, facilities, land or infrastructure with an estimated useful life of five years or more, and a cost of $25,000 or more. Items in this plan are funded by debt; the Town will issue bonds of 10, 15 or 20 years (depending upon the project) and pay principal and interest payments over that term. The bonds may be general obligation (funded by the general tax levy) or special obligation (funded by water or sewer rates). Article 21: Report of the Community Preservation Committee – Appropriation From Community Preservation Committee 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, or to take any other action relative thereto. List of Approved Projects – Community Preservation Fund Description Amount Category Preservation of Second Burying Ground $ 30,000 Historical Preservation McEvoy Field and Facility Refurbishment $ 903,350 Open Space Protection Town Farm: Construction of Playing Fields (Phase II) $ 300,000 Open Space Protection North Andover Historical Society: Building Preservation (per Master Plan) $ 397,000 Historical Preservation Stevens Estate – Roofing/Flashing/Coverings $ 436,950 Historical Preservation Scholfield Mill – Stabilization, Exterior Restoration, and Interior Restoration $ 130,000 Historical Preservation 7 PB Report 05/20/13 Revised Ridgewood Cemetery – National Registry of $ 7,500 Historical Preservation Historic Places Veterans’ Housing $ 461,894 Affordable Housing Foster Street (Parcel 104D-0014): Purchase of fee interest in approximately 8.05 acres of open field wetlands and adjoining conservation land owned by Essex County Greenbelt, plus closing costs (final purchase price not to exceed appraised value of property, total cost to be reduced by amount of any government grants or private contributions). Purchase contingent on seller paying any and all roll back taxes per M.G.L. c61A $ 500,000 Open Space Protection Administrative Costs $ 30,000 Administrative and Operating Expenses Total for Approved Projects $3,196,694 From CPA Affordable Housing Reserve $ 251,000 Net New Appropriations $2,945,694 Community Preservation Committee Board of Selectmen Recommendation: To be made at Town Meeting Finance Committee Recommendation: Favorable Action Planning Board Recommendation Favorable Action with the exclusion of the Foster Street (Parcel 104D-0014) line item Vote Required: Majority Vote EXPLANATION: The Community Preservation Act (CPA) addresses community issues such as acquisition and preservation of open space, creation and support of affordable housing, acquisition and preservation of historic buildings and landscapes, and creation and support of recreational opportunities. The CPA, adopted at a Special Town Meeting in January 2001, and by the voters at the Town Election in March 2001, levies a 3% surcharge on property taxes with two exemptions: $100,000 of the value of every residential property, and a complete exemption on property owned and occupied by people who qualify for low-income housing or low- or moderate-income senior housing. The Community Preservation Committee (CPC) annually recommends how funds should be spent or set aside for future spending among the allowable categories of a) open space; b) historic preservation; c) affordable housing; and d) land for recreational use, with a minimum of 10% required in each of the first three categories. In addition, a maximum of 5% may be spent on administrative expenses by the CPC. Town Meeting may either 8 PB Report 05/20/13 Revised approve or reduce the recommended expenditures, but cannot add to them. North Andover received matching funds equal to $404,528 or 29.65% in FY13 from the Commonwealth. Article 26: Authorize the Acquisition of the Rea’s Pond Sewer Pump Station. To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, purchase, or eminent domain the sewerage pump station and contiguous sewer lines, manholes, conduits and other appurtenances necessary for the flowage of sewerage and associated with the operation of the sewer system known as the Great Pond Road Pumping Station by Rea’s Pond, including but not limited to all right, title and interest in any easements associated with said sewer system, and all right, title and interest to all and every property interest, real or personal, in any manner associated with the sewer system, which are located in the areas shown as “Easement1” and “Easement 2” on plan of land entitled “Easement Plan, Rea’s Pond Pumping Station, Great Pond Road, North Andover, Massachusetts,” dated March 8, 2013, Scale 1” = 50’, drawn by Merrill Associates, Inc., Hanover, MA, and to pay no damages for said eminent domain taking, or to take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Favorable Action Conservation Commission Recommendation: Favorable Action Planning Board Recommendation Recommendation to be made at Town Meeting Vote Required: Two-third (2/3) Vote EXPLANATION: The Town is planning substantial upgrades to an existing sewer pump station at Rae’s Pond (see Article 20 above). This town owned pump station is located on an easement previously acquired from the Conservation Commission. This Article is a legal requirement prior to commencing work on said pump station. Article 27: Approve Special Legislation for Easement at Rea’s Pond Sewer Pump Station. To see if the Town will vote to authorize the Board of Selectmen to file a petition to the Legislature to authorize, notwithstanding the provisions of Article 97 of the Constitution of the Commonwealth of Massachusetts, or any general or special law to the contrary, the Conservation Commission of the Town of North Andover to grant to the Town of North Andover Board of Selectmen a permanent easement upon the land shown as “Easement 1” and “Easement 2” on Plan entitled “Easement Plan, Rea’s Pond Pumping Station, Great Pond Road, North Andover, Massachusetts,” dated March 8, 2013, Scale 1” = 50’, drawn by Merrill Associates, Inc., Hanover, MA, which land is currently under the care, custody and control of the Conservation Commission, to be used for the use and replacement of the existing sewerage pump station and 9 PB Report 05/20/13 Revised contiguous sewer lines, manholes, conduits and other appurtenances associated with the operation of the sewer system known as the Great Pond Road pumping station, or to take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Favorable Action Conservation Commission Recommendation: Favorable Action Planning Board Recommendation Recommendation to be made at Town Meeting Vote Required: Majority EXPLANATION: See EXPLANATION for Article 26 above. 10 PB Report 05/20/13 Revised Article 28: Citizen’s Petition – Proposed Zoning By-law to Allow the Keeping of Backyard Hens. To see if the Town will vote to allow the keeping of backyard chickens as permitted in the attached proposed zoning by-law, which changes language in sections 4.121 and 4.122 – permitted agricultural uses for Residence 1, 2, 3, and 4 Districts. Annotations are provided in italics to explain why each restriction is being proposed, but not intended for inclusion in the final by-law. For Residence 1 District, Residence 2 District, Residence 3 District: Replace 4.121.6(a) with the following language On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds, except chickens being kept, harbored, raised, or maintained as accessory to a residential single family structure as defined in 4.121.6(e), in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5), the keeping of one additional animal or bird but not the keeping of animals, birds, or pets of persons not resident on such lot. \[Modified to exclude chickens from the current animal restrictions.\] Add new language as 4.121.6(e) A single-family residence may keep a maximum of six (6) hens. \[This limitation is included to limit concerns about noise and smell. Six chickens will typically produce 4 eggs a day, enough for most families.\] For lots of at least (3) acres, a single-family residence may keep a maximum of three (3) hens per acre of lot size. \[The existing by-law only allows one hen for each acre of lot size greater than three. This language expands the amount of hens allowed for lots sizes of three acres or more to be more in-line with what we are proposing for lots smaller than three acres.\] No roosters shall be permitted. \[Included due to concerns about noise. Roosters are far noisier than their female counterparts, and not needed for hens to lay eggs.\] Such residence must maintain a minimum coop area of 4 square feet per hen. \[This is an animal welfare provision, based on standard poultry husbandry practices and recommendations from various humane groups.\] The owner of the hens must live in the residence. \[This helps to ensure hens are kept for personal use only; no boarding or renting of coops.\] Hens and coops are prohibited from the front yard of a residence, unless screened by a privacy fence of at least seven (7) feet in height. 11 PB Report 05/20/13 Revised \[Included to ensure that the overall character of neighborhoods will not be negatively impacted by the presence of chicken coops visible from the road.\] No coop shall be located closer than forty (40) feet from any residential structure occupied by someone other than the hen owner, custodian or keeper. If the owner of the neighboring dwelling consents, however, a waiver shall be granted for this condition. \[The intent of this provision is to protect abutters from noise and odor. The average noise level of a flock of chickens (~63 dB) recorded at forty feet away is comparable to an average quiet yard (~35 dB.) For comparison, a dog bark is typically between 85-100 dB. In regards to odor, chicken litter that is kept dry and properly composted should pose no problem.\] The hens shall be secured in a coop from sunset to sunrise and contained in a fenced area on the property when out of the coop. \[Included due to concerns about predators attracted to unsecured chickens, and also the destruction of property caused by free-range chickens allowed to roam onto adjacent lots.\] This use shall meet all current applicable State or Board of Health regulations regarding the raising of chickens. \[Although somewhat unnecessary to include, this language should dispel concern that the keeping of hens poses a health risk. Currently, the Commonwealth of Massachusetts requires that all chickens bought or sold to residents must be certified salmonella-free (MGL Chapter 129, Sec 26B)\] For Residence 4 District: Replace 4.122.6(b) with the same language that is proposed for 4.121.6(a), as written above. Add new language as 4.122.6(e), the same as which is proposed for 4.121.6(e), as written above. Petition of Hillary J. Stasonis, et al Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action with certain revisions Vote Required: Two-third (2/3) Vote 12 PB Report 05/20/13 Revised Article 29: Amend Zoning Bylaw – Section 6: Signs and Outdoor Lighting Regulations. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 6 Signs and Sign Lighting Regulations, Subsection 6.3 Definitions by defining an “Off-Premise Sign” and amending Subsection 6.5 to allow projecting signs and prohibiting Off-Premise Signs, or to take any other action relative thereto. Amend Section 6 by adding the underlined language and deleting the marked section to read as follows: SECTION 6 SIGNS AND SIGN LIGHTING REGULATIONS 6.3 Definitions  A-Frame Sign/Sandwich Board: A portable, temporary sign or device capable of standing without support or attachments.  Accessory Sign - A sign that advertises activities, goods, products, or a specific use, owner, or tenant, available within the building or on the property on which the sign is located, or advertises the property as a whole or any part thereof for sale or rent.  Animated Sign: Any sign that uses movement or a change of lighting to depict action or create a special effect or scene.  Building Frontage - The length in feet of a ground floor level of a building front or side facing a street (or facing a right-of-way accessible from a street) that is occupied by an individual business.  Directional Sign - A non-accessory sign containing no advertising and giving direction to community (non-commercial) activities, buildings, areas, such as churches, schools, playgrounds, museums, historical sites, public buildings, etc. Sign not to exceed 12"x30".  Display Window Signs - Temporary signs on the surface of or inside display windows, lighted only by the general building illumination.  Erect - Shall mean and include to construct, place, relocate, enlarge, alter, attach, suspend, and post.  Flagpole - A pole erected on a roof, or projecting from a building or structure or on the ground.  Freestanding Sign - Shall mean and include any sign not attached to a building or the ground.  Ground Sign - Any sign erected on the ground which is self-supported and anchored to the ground.  Illuminated Sign - Illuminated sign shall mean any sign illuminated by electricity or other artificial light including reflective or phosphorescent light and shall include location of source of illumination.  Marquee - Any sheltering structure of permanent construction projecting from and totally supported by the wall and/or roof of a building.  Non-Accessory Sign - Any sign that is not an accessory sign. 13 PB Report 05/20/13 Revised  Obscene - shall have the meaning as that term is defined in Massachusetts General Laws Chapter 272, Section 1. Massachusetts General Laws, Chapter 272, Section defines "obscene" as follows:  appeals to the prurient interest of the average person applying the contemporary standards of the county where the offense was committed;  depicts or describes sexual conduct in a potentially offensive way; and  lacks serious literary, artistic, or political or scientific value.  Off-Premise Sign - A sign that advertises products or services that are not sold, produced, manufactured or furnished on the property where the sign is located. An outdoor display is an off-premise sign.  Permanent Sign - Any sign permitted to be erected and maintained for more than sixty (60) days.  Primary Sign - The principal accessory sign which may be a wall, roof, or ground sign, as allowed in Section 6.6.  Projecting Sign - Any sign which is attached or suspended from a building or other structure and any part of which projects more than twelve (12) inches from the wall surface of that portion of the building or structure.  Roof Sign - Any sign erected, constructed, and maintained wholly upon, connected to, or over the roof or parapet of any building with the entire support on the roof or roof structure.  Secondary Sign - Is a wall, roof, or ground sign intended for the same use as a primary sign but smaller dimensions and lettering, as allowed in Section 6.6.  Sign - A sign is any structure, mechanically or electrically driven, still or moving device, light, letter, figure, word, model, banner, pennant, trade flag, or representation that is designed to be seen from outside the lot on which it is erected. It advertises activities, goods, places, persons, objects, institutions, organizations, associations, businesses or events, products, services, or facilities available either on the property where the sign appears or in some other location. The definition includes electric signs in windows or doors, but does not include window displays or merchandise. A sign may be permanent or temporary.  Sign Size (Area) (a). For a sign, either free-standing or attached, the area shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed but not including any supporting framework and bracing which are incidental to the display itself. (b). For a sign painted upon or applied to a building, the area shall be considered to include all lettering, wording, and accompanying designs or symbols together with any backing of a different color than the finish material of the building face. (c). Where the sign consists of individual letters or symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest rectangle or other convex shape which encompasses all of the letters and symbols.  Temporary Sign: A sign permitted to be used on a short-term basis for the duration of no longer than sixty (60) days unless otherwise specifically provided herein.  Wall Sign - Any sign affixed to, suspended from or painted on a wall, window, marquee, or parapet. 14 PB Report 05/20/13 Revised 6.5 Prohibitions:  No sign shall be lighted, except by steady, stationary light, shielded and directed solely at the sign. Internally lit signs are not allowed.  No illumination shall be permitted which casts glare onto any residential premises or onto any portion of a way so as to create a traffic hazard.  No sign shall be illuminated in any residential district between the hours of 12:00 midnight and 6:00 a.m. unless indicating time or temperature or an establishment open to the public during those hours.  No sign having red or green lights shall be erected within sight of a traffic signal unless approved as non-hazardous by the Chief of Police.  No animated, revolving, flashing, or exterior neon sign shall be permitted.  No pennants, streamers, advertising flags, spinners or similar devices shall be permitted, except as allowed by the board of Selectmen.  Corner visibility shall not be obstructed.  No sign shall be erected, displayed, or maintained upon any rock, tree, fence, or utility pole.  No sign shall be erected, displayed, or maintained if it contains any obscene matter.  Flags and insignia of any Government when displayed in connection with commercial promotion.  No sign shall obstruct any means of egress from a building.  Projecting signs are prohibited.  Non-accessory signs are prohibited except for directional signs as allowed in Section 6.6, B.  No signs shall be attached to motor vehicles, trailers or other movable objects regularly or recurrently located for fixed display.  No off-premise signs. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Recommendation to be made at Town Meeting Vote Required: Two-third (2/3) Vote EXPLANATION: This Article will prohibit off-premise signs and would allow the use of projecting signs. The Article also changes the definition of an ‘off-premise’ sign. 15 PB Report 05/20/13 Revised Article 30: Amend Zoning Bylaw – Section 8: Supplementary Regulations, Subsection 8.5: Planned Residential Developments (PRD). To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 8 – Supplementary Regulations, Subsection 8.5 – Planned Residential Developments (PRD), Paragraph 7.D – Dimensional Regulations Subdivisions, in order to specify an allowable height limitation of 35’ and to change the bylaw as follows -Height Limitation: 30’ 35’ or 2.5 stories or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action Vote Required: Two-third (2/3) Vote EXPLANATION: This Article will change the height restriction for residential structures that are built as part of a Planned Residential Development (PRD) from 30 feet to 35 feet. Article 31: Amend Zoning Bylaw – Section 8: Supplementary Regulations by adding Subsection 8.11: Wind Facilities. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, by adding Section 8.11 Wind Facilities in order to allow time to make the appropriate amendments to the Zoning Bylaw to allow the use of Wind Facilities, or to take any other action relative thereto. Amend Zoning Bylaw by adding a new Section 8.11 to read as follows: 8.11.1 Purpose: Provide restrictions that will allow the Town adequate time to consider whether to allow the construction and operation of on-site and utility-scale wind facilities and to provide standards for the placement, design, construction, monitoring, modification and removal of wind facilities that address public safety, give consideration to impacts on scenic, natural and historic resources of the town and provide adequate financial assurance for decommissioning, to the extent that such facilities are permitted under state laws and regulations, and if so, where and under what conditions. This interim bylaw shall provide to the town the opportunity to study the potential impacts of wind facilities on adjacent uses and on general public health, safety and welfare, and to develop zoning and other applicable regulations that appropriately address these considerations consistent with statewide regulations and permitting procedures. 8.11.2 Definition: This interim bylaw shall apply to all commercial wind facilities where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets. This bylaw also applies to all on-site wind facilities located at a residential, commercial, 16 PB Report 05/20/13 Revised industrial, agricultural, institutional, or public facility that will consume more than 50% of the electricity by the project on-site. 8.11.3 Interim Restriction: Wind Energy Facilities shall not be permitted is any zoning district in the Town of North Andover so long as this Section 8.11 is effective, as set forth in Section 8.11.4 below. Use variances shall be strictly prohibited. 8.11.4 Expiration: The Moratorium shall be in effect through July 1, 2014, so that the Town of North Andover can enact superseding zoning regulations that set forth the allowed locations, dimensional, parking and other requirements applicable to wind energy facilities. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Recommendation to be made at Town Meeting Vote Required: Two-third (2/3) Vote EXPLANATION: This Article places a moratorium on the installation of wind energy systems until July 1, 2014. The moratorium will allow the Town sufficient time to create a Wind Energy System Zoning Bylaw. Article 32: Amend Zoning Bylaw – Section 8: Supplementary Regulations by adding Subsection 8.12: Medical Marijuana Treatment Facilities. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, by adding Section 8.12 Medical Marijuana Treatment Center in order to allow time to make the appropriate amendments to the Zoning Bylaw to allow the use of Medical Marijuana Treatment Center, or to take any other action relative thereto. Amend Zoning Bylaw by adding a new Section 8.12 to read as follows: 8.12.1 Purpose: Provide restrictions that will allow the Town adequate time to undertake a planning process to address the potential impacts of Medical Marijuana Treatment Facilities, to consider the Department of Public Health regulations regarding such Treatment Centers and related uses, to address the potential impacts of such Treatment Centers on the town of North Andover and to adopt new zoning regulations regarding medical Marijuana Treatment Facilities and related uses. 8.12.2 Definition: As Medical Marijuana Treatment Center shall mean any medical marijuana treatments center as defined under state law as a Massachusetts not-for-profit entity that acquires, cultivates, possesses, processes (including development of related products such as food, tincture, aerosols, oils or ointments), transfer, transports, sells, distributes dispense or administer marijuana, products containing marijuana related supplies or educational materials to qualifying 17 PB Report 05/20/13 Revised patients or their personal caregivers, which is properly licensed and registered by the Massachusetts Department of Public Health pursuant to all applicable state laws and regulations. 8.12.3 Interim Restriction: Medical Marijuana Treatment Centers shall not be permitted in any zoning district in the Town of North Andover so long as this Section 8.12 is effective, as set forth in Section 8.13.5 below. Use variances shall be strictly prohibited. 8.12.4 Expiration: The Moratorium shall be in effect through June 30, 2014, so that the Town of North Andover can enact superseding zoning regulations that set forth the allowed locations, dimensional, parking and other requirements applicable to medical marijuana uses. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action Vote Required: Two-third (2/3) Vote EXPLANATION: This Article places a moratorium on the locating of Medical Marijuana Treatment Facilities until July 1, 2014. The moratorium will allow the Town sufficient time to create a Medical Marijuana Treatment Facilities Zoning Bylaw. Article 33: Amend Zoning Bylaw – Section 18: Downtown Overlay District, Subsection 18.2: Permitted Uses. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 18 – Downtown Overlay District, Subsection 18.2 Permitted Uses, or to take any other action relative thereto. Amend Section 18.2 by adding the following underlined language to read as follows: SECTION 18 DOWNTOWN OVERLAY DISTRICT 18.2 Permitted Uses The following uses shall be permitted by right in the Downtown Overlay District: 1.General merchandise retail stores and salesrooms 2.Specialty food stores, retail bakeries and coffees shops 3.Sporting goods stores 4.Craft, hobby, book and music stores 5.Art gallery 6.Hardware stores 7.Convenience stores 8.Drug stores, pharmacies 9.Banks 18 PB Report 05/20/13 Revised 10.Professional offices 11.Medical or dental offices 12.Business services such as copying and mailing services 13.Travel agency 14.Municipal, civic or public service buildings, such as post office, telephone exchanges, town offices, school, library, museum, or place of worship 15.Hall, club, theater, or other place of amusement or assembly 16.Food services establishments such as full or limited service restaurants and drinking establishments 17.Indoor amusements 18.Bed and breakfast facility or inn with six (6) rooms or less 19.Multi-family dwelling (18 or less units) 20.Mixed-use structures 21.Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. The following uses shall be permitted by special permit in the Downtown Overlay District: 1.Drive-thrus for any of the above allowed uses 2.Free-standing automated teller machine (ATM) 3.Day care center 4.Bed and breakfast facility or inn with more than six (6) rooms 5.Hotel or motel 6.Funeral homes 7.Any retail use listed above as an allowed use that exceeds a gross floor area of 25,000 sq. ft. 8.Public garage 9.Multi-family dwelling (greater than 18 units) Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Recommendation to be made at Town Meeting Vote Required: Two-third (2/3) Vote EXPLANATION: The change would continue to allow multi-family residences, by right, if they are 18 units or less. If a proposal is greater than 18 units, the project would be subject to receiving a special permit by the Planning Board. Special Permits require a public hearing and are subject to greater scrutiny. 19 PB Report 05/20/13 Revised Article 34: Approve Zoning Map. To see if the Town will vote to accept as the official Town of North Andover Zoning Map, the Map dated October 25, 2012, or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action Vote Required: Two-third (2/3) Vote EXPLANATION: The Town Zoning Map (on the following Page 58) has been updated to reflect all zoning changes approved at all prior Annual Town Meetings. Changes have also been made in order to correctly identify the boundaries of the Zoning Districts. A full-size copy of the Zoning Map is available at North Andover Planning Department or posted on the Town’s website (www.townofnorthandover.com) by clicking on ‘Departments’, ‘Community Development Division’, and then ‘Zoning Board of Appeals Department’. 20 PB Report 05/20/13 Revised 21 PB Report 05/20/13 Revised 22