HomeMy WebLinkAbout2010-04-05 Board of Selectmen Agenda Packet TOWN OF NORTH ANDOVER
BOARD OF SELECTMEN
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
f NORTH 1
Tracy M. Watson, Chairman "oo�
William F. Gordon o - p TEL. (978)688-9510
Daniel P. Lanes *a .e FAX (978)688-9556
Richard A.Nardella
Rosemary Connelly Smedile S�cHUSE
BOARD OF SELECTMEN & LICENSING COMMISSIONERS
AGENDA
APRIL 5, 2010—7:00 PM
TOWN HALL MEETING ROOM
120 MAIN STREET
I. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
II. APPROVAL OF MINUTES
A. Open Session Minutes of March 1, 2010
B. Executive Session Minutes of March 22, 2010
C. Open Session Minutes of March 22, 2010
III. COMMUNICATIONS, ANNOUNCEMENTS, AND PUBLIC COMMENT
IV. CONSENT ITEMS
A. Request to Conduct Memorial Day Parade & Ceremony
B. Request to Fill Vacancy: Assistant Town Clerk
C. 41h of July Celebration Event Permit Requests
V. OLD BUSINESS
A. Preparation for May 11"' Annual Town Meeting
VI. ADJOURNMENT
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BOARD OF SELECTMEN MINUTES MARCH 1, 2009
CALL TO ORDER: Chairman Tracy M. Watson called the meeting to order at 7:00 PM at Town Hall
Meeting Room.
PLEDGE OF ALLEGIANCE
ATTENDANCE: The following were present: Tracy M. Watson, Chairman; Daniel P. Lanen, Vice
Chairman; Rosemary Connelly Smedile, Clerk; Richard A. Nardella, Licensing Chairman; William F.
Gordon; Mark Rees, Town Manager.
COMMUNICATIONS ANNOUNCEMENTS AND PUBLIC COMMENT:
Appointment to Stevens Estate Board of Trustees
Rosemary Smedile made a MOTION, seconded by William Gordon, to appoint Stephanie Jones to the
Stevens Estate Board of Trustees. Vote approved 5-0.
OLD BUSINESS:
Preparation for Annual Town Meeting, Review and Vote to Place on Agenda Proposed Articles
A. Zoning Bylaw Clarifications
Inspector of Buildings Gerald Brown gave a presentation.
Richard Nardella made a MOTION, seconded by Rosemary Smedile, to place Article U Amend North
Andover Zoning Bylaw -section 2.63.1 Sign Area of; section 5.1.1 earth removal; section 7.3 setbacks;
section 9.3 pre-existing non-conforming single family residential structures and uses in the R1, R2, R3,
R4 and R6 districts. Vote approved 5-0.
B. Stevens Estate Zoning Change
Community Development Director Curt Bellavance gave a presentation.
Richard Nardella made a MOTION, seconded by Rosemary Smedile, to place Article V Stevens Estate
Zoning Change on the Warrant. Vote approved 4-1. William Gordon opposed.
C. Wireless Bylaw Update
Town Counsel Thomas Urbelis gave an update.
William Gordon made a MOTION, seconded by Daniel Lanen, to place Article Y Wireless Service
Facilities with deletion of 3-b-2-iii on the Warrant. Vote failed 2-3. Daniel Lanen and William Gordon
approved and Rosemary Smedile, Richard Nardella and Tracy Watson opposed.
Rosemary Smedile made a MOTION, seconded by Richard Nardella, to place Article Y Wireless Service
Facilities on the warrant as presented by Attorney Thomas Urbelis and Article HH, Amend Zoning Bylaw,
Section 3.1 establishment of districts to add "wireless telecommunications overlay district'. Vote
approved 5-0.
D. Zoning Changes to become a"Green Community
Richard Nardella made a MOTION, seconded by William Gordon, to place Article Z Amend North
Andover Zoning Bylaw—Section 4.133 Industrial 2 District on the Warrant. Vote approved 5-0.
E. Alternative building Stretch Code to Foster Energy Conservation
Steven Sakakeeny and Steven Foster from the Sustainability Commission gave a presentation.
No Motion
Board of Selectmen Minutes March 1, 2010
FT
2
F. Amend Flood Plain Bylaw
William Gordon made a MOTION, seconded by Daniel Lanen, to place Article AA Amend Flood Plain
Bylaw on the Warrant. Vote approved 5-0.
G. Amend Capital Improvement Plan Appropriation from Prior Years.
Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to place Article L Amend Capital
Improvement Plan Appropriation from Prior Years on the Warrant. Vote approved 5-0.
H. FY11 Capital Improvement Plan
Daniel Lanen made a MOTION, seconded by Rosemary Smedile, to place Article Q, FY11 Capital
Improvement Plan on the Warrant. Vote approved 5-0.
I. Televising Finance Committee Meetings
Daniel Lanen made a MOTION, seconded by William Gordon, to place Article GG Televising Finance
Committee Meetings on the Warrant. Vote approved 4-1. Rosemary Smedile opposed.
J. Petition State Legislature to change the Structure of the Essex Regional Retirement Board
Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to place Article FF to petition the State
Legislature to change the Structure of the Essex Regional Retirement Board. Vote approved 5-0.
ADJOURNMENT:
Adele J. Johnson
Administrative Secretary
Rosemary Connelly Smedile, Clerk of the Board
I
BOARD OF SELECTMEN MINUTES MARCH 22, 2010
CALL TO ORDER: Chairman Tracy M. Watson called the meeting to order at 7:05 PM at Town Hall Meeting
Room.
PLEDGE OF ALLEGIANCE
ATTENDANCE: The following were present: Tracy M. Watson, Chairman; Daniel P. Lanen, Vice Chairman;
Rosemary Connelly Smedile, Clerk; Richard A. Nardella, Licensing Chairman; William F. Gordon; Mark Rees,
Town Manager; Ray Santilli, Assistant Town Manager.
EXECUTIVE SESSION:
Rosemary Smedile made a MOTION, seconded by Richard Nardella, to move into Executive Session to
discuss Collective Bargaining. Roll Call vote: William Gordon yes, Rosemary Smedile yes, Daniel Lanen yes,
Richard Nardella yes, Tracy Watson yes. Vote approved 5-0.
APPROVAL OF MINUTES:
Rosemary Smedile made a MOTION, seconded by Richard Nardella, to approve the Executive Session
Minutes of March 8, 2010 as written. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to approve the Open Session Minutes of
March 8, 2010 as written. Vote approved 5-0.
COMMUNICATIONS ANNOUNCEMENTS,AND PUBLIC COMMENT:
New Business Recognition
The Board presented a Certificate of Appreciation to the owners of the Melillo Brothers Laundromat located at
62 Main Street for renovating and improving their business.
Announcements & Public Comments
Richard Nardella applauded the School Department for their work in assisting and providing a last wish of
dying man to see his son receive his high school diploma. t
Town Clerk Joyce Bradshaw announced that the Town Election is on Tuesday, March 30, 2010, polls will be
opened from 7:00 a.m. to 8:00 p.m. at North Andover High School, National Passport Day is on Saturday,
March 27, 2010 and the Town Clerk's office will be opened from 10:00 a.m. to 3:00 p.m.
William Gordon mentioned the death of North Andover wrestling coach .......
Richard Nardella commented on the Essex Regional Retirement Board annual assessment to the Town of
North Andover. The Town Manager Mark Rees said he sits on a committee formed by all the cities and towns
that belong to the ERRB and has been keeping the Board up-to-date of the situation.
Ted Tripp 262 Boston Road asked questions regarding the use of the Reverse 911 notification system.
Steve Tryder of 386 Chestnut Street suggested advertising the Annual Town Meeting by posting signs
throughout the Town. Mr. Tryder also requested that extra copies of documents be provided to the public
during their meetings.
Town Accountant's Financial Report
Town Accountant/Budget Director Lyne Savage presented budget status reports for revenue and expenses
ending February 29, 2010.
Revenues: Property Tax Revenue collections are at 74.3%which is still running slightly above this time last
year. Motor vehicle excise is running at 47.4% collected compared to the same time last year which was
27.2%. The collections are more in line and trending towards collections equal to fiscal year 2009. Interest
income is running at 55.7% compared to the same time last year which was 68.9%. With interest rates not
moving any time soon there will be an anticipated short fall in this line item by approximately 80,000. In
aggregate total revenues are at 69.7%which is above this same time last year by 2.4%.
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Board of Selectmen Minutes March 22, 2010 2
Expenses: All departmental budgets are running either below or slightly above the 66% target percentage at
this point in the fiscal year with the exception of the Snow and Ice budget. As of March 18, the snow budget is
running a deficit of($210,092)with some additional cost estimates not posted of approximately another
$80,000.
Water/Sewer Enterprise Fund: Currently the water revenues are at 62.7% but there should be discussion of
further reductions in expenditures if the revenue collections do not increase. If this account ends with a fund
balance deficit the Division of Local Service will not set our tax rate in December.
Sewer revenue collections are at 66%with expenditures running at 58.5%which is in line with the same time
last year. The projected fund balance should have an increase of approximately$99,000.
Stevens Estate Enterprise Fund: With the projection of the revenue for the balance of the year they will not be
generating enough revenue to end the year with a positive fund balance. We are projecting a shortfall by
$49,132. This will need to be addressed prior to year end in order to insure that we are able to set our tax rate
in December.
CONSENT ITEMS:
40 B Affordable Housing Units Re-Sale 3 & 4 Harvest Drive
Community Development Director Curt Bellavance recommended that Board not exercise its right of first
refusal for these two properties and instead use CHAPA to find new buyers who qualify under the affordability
guidelines.
Rosemary Smedile made a MOTION, seconded by Richard Nardella, that the Board not exercise its right of
first refusal to acquire the affordable housing units at 4 Harvest Drive, Unit 108 at Oakridge Village and 3
Harvest Drive, Unit 203 at Oakridge Village and to authorize the Citizen's Housing and Planning Association
(CHAPA)to locate a new buyer who will maintain the affordable designation for the unit. Vote approved 5-0.
Event Permit Youth and Recreation Services Carnival—April 28—May 2, 2010
Rosemary Smedile made a MOTION, seconded by William Gordon, to grant an event permit and to waive
permitting fees to the Youth and Recreation Services Department to conduct a fund raising carnival from April
28 thru May 2, 2010 at Osgood Landing providing that permission is granted by the land owner and the
Department is in compliance with all applicable laws, bylaws, rules and regulations. Vote approved 5-0.
LICENSING:
Richard Nardella made a MOTION, seconded by Rosemary Smedile, to move into Licensing. Vote approved
5-0.
Licensing Chairman Richard Nardella announced that ABCC sent a group of people pretending to be minors to
all liquor establishments in North Andover as a test to see if anyone violated the serving to minor ruling. All of
North Andover establishments passed the test and everyone was carded and denied alcohol.
The ABCC notified North Andover Licensing Commission that the Beijing Restaurant has appealed the
suspension and has a hearing on March 30, 2010.
All Alcoholic Beverages License Restaurant Entertainment and Common Victualler Licenses for Chipotle Grill
The Chipotle Mexican Grill located at 93 Turnpike Road applied for an all alcoholic beverages license,
entertainment and common victualler license. The Board of Health, Building Inspector, Police and Fire
Departments recommend favorable action on this request.
Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the application and grant
licenses to the Chipotle Mexican Grill.
Chairman Nardella requested that the management install a rope or chain enclosure to the outside patio area
if alcoholic drinks would be served there.
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Board of Selectmen Minutes March 22, 2010 ' ' ' 3
William Gordon Amended the MOTION, seconded by Tracy Watson, to approve the application and grant
licenses to the Chipotle Mexican Grill with the installation of a rope or chain enclosure to the outside patio
area. Vote approved 5-0.
One Day Wine and Malt Beverages for Merrimack College on April 14 and May 21.
Merrimack College Federal Credit Union is requesting a one-day beer&wine license for their Annual Meeting
in Cascia Hall on April 14, 2010 from 4:30 pm to 7:30 pm.
Merrimack College Alumni is requesting a one-day beer&wine license for their Reunion Weekend at the
Rogers Center for the Arts on May 21, 2010 from 6:30 pm—9:00 pm.
Rosemary Smedile made a MOTION, seconded by Tracy Watson, to approve the requests by Merrimack
College for a beer&wine license for both events on April 14, 2010 and May 21, 2010. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Tracy Watson, to move out of licensing. Vote
approved 5-0.
OLD BUSINESS:
Main Street Improvement Project Summary
Director of Public Works Bruce Thibodeau gave an update of the continuing work to complete the downtown
improvement project. The project was started last year and would be completed this spring and the oversight
was done through the Engineering Dept using contractors with existing agreements with the DPW. The
design was to improve traffic flow, public safety, infrastructure, general streetscape and public convenience.
Anticipated schedule for 2010 is as follows: Week of April 20 mill existing pavement; Week of May 3 pave;
Week of May 17 new imprint crosswalks; Week of May 25 line painting and Week of June 1 signage.
National Pollution Elimination System (NPDES) Phase II Storm water discharge permit
Director of Public Works Bruce Thibodeau explained the Town's status with the Environmental Protection
Agency National Pollution Discharge Elimination System Phase II storm water discharge permit conditions and
requirements. The original five year permit expired in 2007 and, as the DPA has been slow to issue new
regulations. However, it is apparent that the regulations now under consideration would result in considerably
more work and expenditures. Since this had not been promulgated by EPA until late January 2010, this was
not budgeted for FY2011. The DPW would need to use outside experts to assist in this permit will have to
budgeted in FY2012.
FY11 General Fund Budget
The Town Manager gave the board a spreadsheet with revisions to the General Fund Budget this was due to
proposed revisions in allocated chapter 70 funds from the Governor's state aid. This showed a slight increase
in funds after municipal expenses and distribution of 67.7% to the school the municipal side would see a small
balance of$13,527.
The Town Manager requested the board take a procedural vote giving preliminary approval of the budget and
send to the Finance Committee to be in compliance with the Town Charter.
Rosemary Smedile made a MOTION, seconded by William Gordon, to give preliminary approval of the Town
Manager's recommended FY11 General Fund Budget and forward to the Finance Committee but to reserve
the right to make amendments as additional information comes forward. Vote approved 4-1. Daniel Lanen
opposed.
FY11 Water and Sewer Budgets
The Town Manager overall water consumption is expected to drop 3.1%from FY09 levels to projected FY10
levels. However, a disproportionate amount of the decrease is in by-pass meters, primarily used to record
irrigation use. This can be attributed to the wet spring and summer experienced in 2009. This secondary use
is expected to decrease 22.8% compared to a 1.3% projected decrease in the primary or principal meter use.
Expenditures have been frozen or delayed, but even with these reductions, it is project that FY10 will end in a
deficit situation. Additional reductions may have to be implemented during the coming months to eliminate this
deficit.
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Board of Selectmen Minutes March 22, 2010 4
The Sewer Enterprise Fund in FY10 is projected to end the year with a positive fund balance of$215,000.
This is the result of consumption through the principal meter which is used to calculate sewer usage remaining
relatively constant from FY09 to FY10.
The Town Manager recommended the Water Enterprise budget(salaries, operating expenses, debt services
and indirect costs)to decrease by 1.76% from the FY10 budget, but a 6.48% increase when compared to
FY10 projected expenditures. The Sewer Enterprise budget would increase by 10.5% for the FY10 projected
budget due to two factors, one being the transfer of some personnel cost from the water department to the
sewer department and increase in the GLSD assessment.
The Town Manager suggested building a fund balance of sufficient size to absorb these fluctuations to
stabilize rates in the Water Enterprise Fund, because it is impacted by the weather which creates the
uncertainty each year.
There was a discussion about the Greater Lawrence Sanitary District assessment and the Board suggested
that the Town Manager meet with Lenny Degnan to put together the district flows of all the communities as
why the city of Lawrence is going down and all the other communities are going up.
Stevens Estate Budget
To be discussed at the next meeting.
Recommendations on Warrant Articles
The Town Manager asked that a member of the Board would volunteer to order and number the warrant
articles. Rosemary Smedile volunteered to do this.
The Board agreed to meet on April 5, 2010 to complete their recommendations of the Warrant Articles before
the Warrant book goes to the printer on April 6, 2010.
Wireless Facilities By-law
Town Counsel Thomas Urbelis made some changes on the Wireless Facilities By-law and the Board
questioned some of those minor changes. The Board requested the Thomas Urbelis send them the red-line
version and attend their next meeting to discuss changes.
NEW BUSINESS:
Complaint Resolution Procedures
TABLED until next meeting
ADJOURNMENT:
Richard Nardella made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 10:25 p.m.
Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
Rosemary Connelly Smedile, Clerk of the Board
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Date: March 22, 2010
To: North Andover Board of Selectmen
Via: Mark Rees, Town Manager
CC: Division Director, Ray Santilli
Director of Public Works Bruce Thibodeau
North Andover Police Department, Chief Rick Stanley
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North Andover Fire Department, Chief William Martineau
Subject: Request to Conduct Memorial Day Parade & Ceremony
Ladies and Gentlemen:
The North Andover Patriotic Observance&Marching Committee respectfully requests
permission to conduct an appropriate Parade and Ceremonial Service in recognition of Memorial
Day, May 31 st 2010.
We respectfully request your approval of having the Memorial Day Parade form at 10:00 A.M on
Monday May 31st, on the West side of Center Common (Osgood& Andover St.). The parade
will then go right onto Mass Ave and then head left onto Salem Street with the Parade ending at
the Ridgewood Cemetery for the appropriate ceremony.
Upon completion of our Memorial Ceremony, the Parade will reform and proceed back to the
Center Common and disperse from there. A small contingency will form at the V.F.W. Post 2104
on Park Street for the ceremonial flag raising and reception.
In the event of inclement weather, our services will be held in the Middle School Veteran's
Auditorium at 10:30A.M.
For additional information please contact Edward V. Mitchell at (978) 688-9525.
Respectfully,
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Chief Edward VMitchell US Navy(Ret)
Chairmen, Patriotic Observance&Marching Committee
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INTEROFFICE MEMORANDUM
DATE: March 21,2010
TO: Adele Johnson,Administrative Secretary
FROM: Bruce Thibodeau, Director of Public Works
I.
CC:
RE: Memorial Day Parade
The Division of Public Works has no objection to the request to hold the Annual Memorial Day
Parade, starting at IO:OOAM on Monday, May 31, 2010. If they need any assistance from the DPW,
please have them contact my office.
i
Page 1 of 1 �-
Johnson, Adele ,��
From: Johnson, Adele
Sent: Monday, March 22, 2010 2:05 PM
To: Thibodeau, Bruce; Martineau, William; rstanley @napd.us
Cc: Barry, Nancy;jcarney @napd.us; Melnikas, Andrew
Subject: FW: Request for Recommendations for Memorial Day Parade & Ceremony
Attachments: S35C-410032212520.pdf
Please send me your recommendations.
Thanks, Adele
From: administrator @townofnorthandover.com [mailto:administrator @townofnorthandover.com]
Sent: Monday, March 22, 2010 1:52 PM
To: Johnson, Adele
Subject: Message from 35C-4
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3/22/2010
Page 1 of 1
Johnson, Adele
From: John P. Carney Dcarney @napd.us]
Sent: Monday, March 22, 2010 4:19 PM
To: Johnson, Adele
Cc: Richard M. Stanley
Subject: RE: Request for Recommendations for Memorial Day Parade & Ceremony
The Police Department recommends favorable action on the request from Veterans Administrator, Ed Mitchell,
to conduct the annual Memorial Day parade and Veteran Ceremonies on May 31, 2010. The Police Department
will participate, as in the past, controlling traffic as needed on that day,
Lt. John Carney j
Operations Division Commander
North Andover Police Department
566 Main Street
North Andover, MA 01845
978-683-3168
978-686-1212 (fax)
3/23/2010
TOWN OF NORTH ANDOVER
Fire Department
Fire Prevention Office
Central Fire Headquarters
124 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
William Martineau Telephone(978) 688-9593
Chief of Departnienl FAX (978) 688-9594
win artineau(-(UmvnofNorthAn clover.com
Andrew Melnikas
Deput>>Fire Chiej' amelnikastTovvnofNorthAndover.com
March 22, 2010
The Fire Department has reviewed the request for a Parade and a Ceremonial Service on
May 3ISt, Memorial Day. We do not have any fire safety concerns with this event.
Deputy Andrew Melnikas
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�SSACHlISES
TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Joyce A. Bradshaw,CMMC Telephone(978)688-9501
Town Clerk Fax (978)688-9557
E-mail iradshaw(a-,townofnorthandover.com
Tracy M. Watson, Chairman and Members of the Board of Selectmen
Mark H. Rees, Town Manager
RE: Request to Fill Vacancy-Assistant Town Clerk
I respectfully request that the Board of Selectmen vote to authorize the filling of
the position of Assistant Town Clerk. As you may be aware, Janet L. Eaton will be
retiring on Friday June 7, 2010. 1 cannot express the personal and professional loss that
Janet's retirement means to my office. She has served the Town of North Andover for 23
years and has been Assistant Town Clerk since July 1995.
This position is vital as we cannot perform all the duties our office has without
someone in place as soon as possible. It would be beneficial to have someone in place
before Janet leaves to allow for training and transition. This is an especially difficult year
with two scheduled elections in September and November, ethics compliance, open
meeting law changes and licensing renewals and new applications.
Please contact me if you need any additional information.
Very truly yours,
Joyce A. Bradshaw, CMMC, Town Clerk
April 5,2010
North Andover Board of Selectman&
Mark H.Rees, Town Manager
North Andover Town Offices
120 Main Street
North Andover,MA 01845
Dear Selectmen and Mr.Rees:
DMSE Sports and the Merrimack Valley Striders Running Club request the Town of North Andover's permission to
conduct the 29th edition of the North Andover Fourth of July Road Race.
As was the case in 2009,we look to partner with the Town of North Andover to produce an event that will be fun,
safe, and fully integrated into the Town's Independence Day Celebration. To that end,we will continue to work
closely with the Festival Committee,public safety officials,and DPW.
Despite a three year hiatus and a very short time frame for organization, last year's event was a tremendous success
with over 1,000 participants. We are certain this year's event will be an even greater success. There will be,
however, some important and exciting changes in our format.
A major element of this year's plan is to conduct the race on the evening of Saturday,July 3,rather than
Independence Day itself. Besides minimizing any conflict with the town's major Independence Day activities on the
4d',we thought this would add an interesting new feature to the celebration. To further enhance the program, we
propose shifting the fireworks display from the 4u'to the 3`d. In appreciation of this accommodation,the race
proposes to absorb the cost of the display and make a donation of$9,500 to cover the cost of the fireworks.
The second change is a change of venue. We propose to change the Start/Finish area to Drummond Field. After
careful consideration and deliberation with the Festival Committee,we both concluded the advantages to be as
follows:
1. With a start and finish on Milk Street,we will minimize the congestion around the Common.
2. We will eliminate the issue of the race public address system competing with the entertainment the Festival
Committee has planned for the Common.
3. The event will not interfere with the Family Picnic planned on the Common.
4. The closure of Mass Ave. at the common will be minimized.
5. The close proximity of the Drummond Field to the Common will facilitate the migration of the runners to
the ongoing activities planned by the Festival Committee leading up to the fireworks.
The event would take place from approximately 4:00 pm.to 7:30 pm. The program would start with a Kids'Mini
Olympics at Drummond Field. The Kids 2K race would follow at about 5:00 pm.,with the 5K and IOK races at
6:00 and 6:05 respectively. Though the Start/Finish location will change,the 2K, 5K and l OK courses would remain
the same as in previous years and are on file with the Town of North Andover Police Department.
We look forward to continuing our nearly three decade tradition, and we appreciate the assistance the Festival
Committee,the Town Manager,the public safety officials, and DPW have given us.
Sincerely,
David McGillivray,DMSE
Michael Giallongo,DMSE
Tom Licciardello,MVS
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Who is MVS?
The Merrimack Valley Striders is a 501c(3) organization whose mission statement is - "An
organization whose mission is to encourage and enhance running at all levels". Organized in
1979,WS has grown to be one of the largest running clubs in New England.
As a non-profit 501c(3) organization under the auspices of the Road Runners Club of America,
no general member or board member receives financial compensation of any kind. The
organization is a 100%volunteer run entity.
Under the mandate of our non-profit status, we are very proud of our commitment to the running
community and the general community at large. The following is a sample of the programs
WS has sponsored:
• Adult coaching for runners/walkers including a program from "Walk to Run" to training
athletes for high level competition.
• Because of our commitment to healthy children, we have a Youth Training program open
to kids 8 and up.
• Our Feaster Five Thanksgiving race provided over $60,000 to our charitable partners as
well as providing a family friendly event. Our over 9,000 participants ranged in age for 2
years to...well, very old.
• OUR WS scholarship program annually awards area seniors eight $500 scholarships.
Each year, at least one student has been from N Andover.
• WS, in partnership with the N Andover Booster club, paid to have the N Andover
Middle School track rescued from ongoing decay, and had it resurfaced.
• MVS conducts a summer program for disadvantaged youths called Project Venture.
OMSE
SPORTS
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Who is DMSE?
DMSE Sports, Inc., founded in 1981, is an event management company specializing in the
creation, marketing and production of mass participatory athletic events throughout the U.S.
and abroad. For more than two decades DMSE Sports has produced or consulted on more than
750 events worldwide. Dave McGillivray, president of DMSE and his team of consultants have
directed some of the most technically challenging and high profile road races and charitable
sporting events in the nation.
The event for which DMSE is most celebrated was the 100th running of the BAA Boston
Marathon in 1996. Attending to every need of the unprecedented Boston field of 40,000
runners won Dave McGillivray the admiration and respect of his peers and athletes alike.
Each year DMSE SPORTS consults on numerous events including the TD Banknorth Beach to
Beacon 10K, Cape Elizabeth, ME; the Boston Marathon® Jimmy Fund Walk, Hopkinton to
Boston, MA; Feaster Five Road Race, Andover, MA; and countless others.
Dave McGillivray's company has been hired by MVS to manage the complex technical and
logistical issues that are part of staging an event like the N Andover 4th of July Race. When his
expertise is employed in an event, success is assured.
His team of experts assist with the entire program design, including the acquisition of
appropriate permits, insurance coverage's, and the myriad other details leading to the day of
the event.
On the day of the event, his employees join our MVS volunteers in making the event safe, fun,
and memorable.
FY 11 GENERAL FUND BUDGET -OPTION B -Revision# 1
w/Support Services Recommendations
FY11 FY11
Reclass to Town Mgr Rec. w/
Town Mgr. Rec. Support Services Support Services
OPERATING REVENUES
Property Taxes 58,508,358 0 58,508,358
Local Receipts 8,781,890 0 8,781,890
State Aid 8,052,506 0 8,052,506
Operating Transfers 1,126,621 0 1,126,621
Total Operating Revenues 76,469,375 0 76,469,375
I
Other Fin. Sources
Free Cash 0 0
Overlay Surplus 0 0
Others one time revenues 288,723 288,723
Total Opr. Rev. & Fin Sources 76,758,098 0 76,758,098
GENERAL GOVERNMENT
Town Moderator 825 0 825
Selectmen/Town Manager 291,204 0 291,204
Asst. Town Manager/HR 98,365 0 98,365
Town Accountant 260,219 -31,233 228,986
Purchasing 62,900 -62,900 0
Finance Committee 795 0 795
Treasurer/Collector 314,685 -500 314,185
Outside Auditing 51,000 -51,000 0
Assessing 307,320 -3,500 303,820
Legal 225,000 0 225,000
Information Systems 353,389 -353,389 0
Town Clerk 331,812 0 331,812
Community Development 204,430 -5,800 198,630
Planning 113,435 0 113,435
Conservation 84,230 -550 83,680
Board of Appeals 31,015 0 31,015
2,730,625 -508,872 2,221,753
PUBLIC SAFETY
Police Department 4,309,432 -19,673 4,289,759
Fire Department 4,333,998 0 4,333,998
Inspectional Services 250,627 0 250,627
Emergency Management 21,237 0 21,237
8,915,294 -19,673 8,895,621
EDUCATION
N A Public School 36,520,000 -510,635 36,009,365
36,520,000 -510,635 36,009,365
PUBLIC WORKS
Administration 365,907 0 365,907
Street& Sidewalks 768,685 0 768,685
Solid Waste/Recycling 1,296,275 0 1,296,275
Fleet Maintenance 276,604 0 276,604
Structures& Grounds 498,599 -9,282 489,317
FY 11 GENERAL FUND BUDGET -OPTION B -Revision#1
w/Support Services Recommendations
FYI FYI
Reclass to Town Mgr Rec. w/
Town Mgr. Rec. Support Services Support Services
Snow& Ice Removal 726,559 0 726,559
3,932,628 -9,282 3,923,346
HEALTH & HUMAN SERVICES
Health Department 191,953 0 191,953
Elder Services 242,469 0 242,469
Youth Service 242,156 0 242,156
Veterans Service 259,464 0 259,464
936,042 0 936,042
CULTURE & RECREATION
Stevens Library 812,060 0 812,060
Festivals Committee 0 0 0
Recreation 0 0 0
Historial Commission 0 0 0
812,060 0 812,060
SUPPORT SERVICES
Outside Auditing 0 51,000 51,000
Purchasing 0 62,900 62,900
Information Systems 0 884,562 884,562
Structures&Grounds 0 50,000 50,000
0 1,048,462 1,048,462
DEBT SERVICE
Excluded -Principal-Long Term 2,529,856 2,529,856
Excluded - Interest- Long Term 638,713 638,713
Excluded- Interest-Short Term 0 0
Included- Principal-Long Term 3,044,825 3,044,825
Included- Interest- Long Term 699,266 699,266
Included- Interest- Short Term 0 0
6,912,660 0 6,912,660
EMPLOYEE BENEFITS
Retirement Assessment 2,803,785 2,803,785
Workers Comp 259,626 259,626
Unemployment Compensation 160,000 160,000
Group Insurance 9,000,419 9,000,419
Payroll Taxes 600,000 600,000
Police& Fire Accident& Sickness Inc. 75,000 75,000
12,898,830 0 12,898,830
LIABILITY INSURANCE
300,641 0 300,641
CAPITAL& RESERVES
Finance Committee Reserve 0 0
Transfer to Stabilization Fund 0 0
Articles 0 0
Deficits (Stevens Estate) 40,000 40,000
Overlay 300,000 300,000
340,000 0 340,000
STATE ASSESSMENTS
Spec Ed 36,547 36,547
FY 11 GENERAL FUND BUDGET -OPTION B -Revision# 1
w/Support Services Recommendations
FY11 FY11
Reclass to Town Mgr Rec.w/
Town Mgr. Rec. Support Services Support Services
Mosquito Control 85,449 85,449
Retired Teachers Health Insurance 1,713,623 1,713,623
Air Pollution Districts 8,484 8,484
Regional Transit 174,085 174,085
RMV Non Renewal Surc 17,460 17,460
School Choice 16,000 16,000
Charter School Assessment 74,952 74,952
Essex County Agricultural Assessment 59,618 59,618
2,186,218 0 2,186,218
Regional Schools 272,201 272,201
School Building Committee 900 900
273,101 0 273,101
Total Non -Departmental Cost 22,911,450 0 22,911,450
General Fund Budget 76,758,098 0 76,758,098
Surplus/Deficit 0 0 0
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FY 11 GENERAL FUND BUDGET -OPTION B -Revision #2
w/Support Services Recommendations
FY11 FY11
Reclass to Support Town Mgr Rec. w/
Town Mgr. Rec. Services Support Services
OPERATING REVENUE
Property Taxes 58,508,358 0 58,508,358
Local Receipts 8,781,890 0 8,781,890
A State Aid 8,840,837 0 8,840,837
Operating Transfers 1,126,621 0 1,126,621
Total Operating Revenues 77,257,706 0 77,257,706
Other Fin. Sources
Free Cash 0 0
Overlay Surplus 0 0
Others one time revenues 288,723 288,723
Total Opr. Rev. & Fin Sources 77,546,429 0 77,546,429
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GENERAL GOVERNMENT
Town Moderator 825 0 825
Selectmen/Town Manager 291,204 0 291,204
Asst.Town Manager/HR 98,365 0 98,365
Town Accountant 260,219 -31,233 228,986
Purchasing 62,900 -62,900 0
Finance Committee 795 0 795
Treasurer/Collector 314,685 -500 314,185
Outside Auditing 51,000 -51,000 0
Assessing 307,320 -3,500 303,820
Legal 225,000 0 225,000
Information Systems 353,389 -353,389 0
Town Clerk 331,812 0 331,812
Community Development 204,430 -5,800 198,630
Planning 113,435 0 113,435
Conservation 84,230 -550 83,680
Board of Appeals 31,015 0 31,015
2,730,625 -508,872 2,221,753
PUBLIC SAFETY
Police Department 4,309,432 -19,673 4,289,759
Fire Department 4,333,998 0 4,333,998
Inspectional Services 250,627 0 250,627
Emergency Management 21,237 0 21,237
8,915,294 -19,673 8,895,621
EDUCATION
B N A Public School 37,153,387 -510,635 36,642,752
37,153,387 -510,635 36,642,752
PUBLIC WORKS
Administration 365,907 0 365,907
Street &Sidewalks 768,685 0 768,685
Solid Waste/Recycling 1,296,275 0 1,296,275
Fleet Maintenance 276,604 0 276,604
FY 11 GENERAL FUND BUDGET -OPTION B - Revision#2
w/Support Services Recommendations
FYI FYI
Reclass to Support Town Mgr Rec.w/
Town Mgr. Rec. Services Support Services
Structures &Grounds 498,599 -9,282 489,317
C Snow & Ice Removal 740,086 0 740,086
3,946,155 -9,282 3,936,873
HEALTH & HUMAN SERVICES
Health Department 191,953 0 191,953
Elder Services 242,469 0 242,469
Youth Service 242,156 0 242,156
Veterans Service 259,464 0 259,464
936,042 0 936,042
CULTURE& RECREATION
Stevens Library 812,060 0 812,060
Festivals Committee 0 0 0
Recreation 0 0 0
Historial Commission 0 0 0
812,060 0 812,060
SUPPORT SERVICES
Outside Auditing 0 51,000 51,000
Purchasing 0 62,900 62,900
Information Systems 0 884,562 884,562
Structures& Grounds 0 50,000 50,000
0 1,048,462 1,048,462
DEBT SERVICE .�-�--
Excluded-Principal- Long Term 2,529,856 2,529,856
Excluded- Interest- Long Term 638,713 638,713
Excluded- Interest- Short Term 0 0
Included- Principal- Long Term 3,044,825 3,044,825
Included- Interest-Long Term 699,266 699,266
Included- Interest-Short Term 0 0
6,912,660 0 6,912,660
EMPLOYEE BENEFITS
Retirement Assessment 2,803,785 2,803,785
Workers Comp 259,626 259,626
D Unemployment Compensation 200,000 200,000
E Group Insurance 8,722,955 8,722,955
Payroll Taxes 600,000 600,000
Police &Fire Accident&Sickness Inc. 75,000 75,000
12,661,366 0 12,661,366
LIABILITY INSURANCE
300,641 0 300,641
CAPITAL& RESERVES
Finance Committee Reserve 0 0
Transfer to Stabilization Fund 0 0
Articles 0 0
Deficits (Stevens Estate) 40,000 40,000
F Deficits (Snow and Ice) 288,250 288,250
Overlay 300,000 300,000
628,250 0 628,250
FY 11 GENERAL FUND BUDGET -OPTION B - Revision#2
w/Support Services Recommendations
FY11 FY11
Reclass to Support Town Mgr Rec. w/
Town Mgr. Rec. Services Support Services
STATE ASSESSMENTS
Spec Ed 36,547 36,547
Mosquito Control 85,449 85,449
Retired Teachers Health Insurance 1,713,623 1,713,623
Air Pollution Districts 8,484 8,484
Regional Transit 174,085 174,085
RMV Non Renewal Surc 17,460 17,460
School Choice 16,000 16,000
Charter School Assessment 74,952 74,952
Essex County Agricultural Assessment 59,618 59,618
2,186,218 0 2,186,218
G Regional Schools 362,832 362,832
School Building Committee 900 900
363,732 0 363,732
Total Non -Departmental Cost 23,052,867 0 23,052,867
General Fund Budget 77,546,429 0 77,546,429
Surplus/Deficit 0 0 0
FY11 General Fund Budget Revisions
Town Manager Budget Proposed Revision Difference Total
Revenues
Chapter 70 $5,440,937 $6,211,212 $770,275
Gen. Gov't Aid $1,715,347 $1,733,403 $18,056
Total Increase (decrease) in revenues $788,331 A
Expenses
Gr. Law. Tech H.S. $272,201 $362,832 $90,631 G
Unemployment $160,000 $200,000 $40,000 D
Group Insurance $9,000,419 $8,722,955 ($277,464) E
Total Increase (decrease) in expenditures ($146,833)
Total Additional Funds Available $935,164
School Allocation 67.73% $633,387 B
Municipal Allocation 32.27% $301,777
Snow and Ice Deficit as of 3/22/2010 ($288,250) F
Diff. Between Municipal Allocation and Snow and Ice Deficit $13,527 C
Structures and Grounds$50,000 allocation
199,941 police
47,750 fire
491,836 structures
109,286 library
3,723,532 848,813 4,572,345
81.44% 18.56%
50,000
9,282 structures
40,718 school
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EXPENDITURE SUMMARY
27TH PAYROLL
FYI Reduction FYI
for Non Union-
DEPT REQUEST Salary Town Mgr.Rec.
GENERAL GOVERNMENT
Town Moderator $0 $0 $0
Selectmen/Town Manager $7,982 ($7,982) $0
Asst. Town Manager/HR $3,436 ($3,436) $0
Town Accountant $7,602 ($6,253) $1,349
Purchasing $2,456 ($2,456) $0
Finance Committee $0 $0 $0
Treasurer/Collector $6,411 ($2,377) $4,034
Outside Auditing $0 $0 $0
Assessing $6,645 ($6,060) $584
Legal $0 $0 $0
Information Technology $6,606 ($6,606) $0
Town Clerk $6,262 ($4,270) $1,992
Community Development $5,223 ($5,223) $0
Planning Board $3,766 ($2,417) $1,349
Conservation Commission $2,794 ($2,119) $675
Board of Appeals $0 $0 $0
$59,184 ($49,200) $9,984
PUBLIC SAFETY
Police Department $117,520 ($100,624) $16,897
Fire Department $110,327 ($108,864) $1,463
Inspectional Services $8,526 $0 $8,526
Emergency Management $0 $0 $0
$236,372 ($209,488) $26,885
EDUCATION
N A Public School $0 $0
27th Payroll cost-Education $134,417 ($89,570) $44,847
$134,417 ($89,570) $44,847
PUBLIC WORKS
Administration $13,023 ($10,568) $2,456
Street&Sidewalks $13,685 $0 $13,685
Solid Waste/Recycling $1,850 $0 $1,850
Fleet Maintenance $1,828 $0 $1,828
Structures&Grounds $6,753 $0 $6,753
Snow&Ice Removal $0 $0 $0
$37,139 ($10,568) $26,571
HEALTH&HUMAN SERVICES
Health Department $6,290 ($6,290) $0
Elder Services $7,792 ($5,301) $2,491
Youth Service $7,001 ($7,001) $0
Veterans Service $1,788 ($1,788) $0
$22,871 ($20,380) $2,491
CULTURE&RECREATION
Stevens Library $8,477 ($4,714) $3,763
Festivals Committee $0 $0 $0
Recreation $0 $0 $0
Historial Commission $0 $0 $0
$8,477 ($4,714) $3,763
Total 27th Payroll $498,460 ($383,920) $114,540
Estimated 27th Payroll 4/2/2010
for
Town and School
(Amounts are based General fund account numbers only for pp 6/14-6/27/09)
1 Non Union- Union- I Department
Department Name i Salary Hourly Requested TM Recm'd
Assessors j $6,060.38 $584.25 $6,644.63
Assistant Town Manager $3,436.15 $3,436.15
Community Development $22,551.01 $4,047,771 $26,598.78
Purchasing $2,456.15 $2,456.15
Town Accountant $6,253.23 $1,349.25 $7,602.48
Town Clerk $4,269.89 $1,992.00 $6,261.89
Town Manager $7,981.77 $7,981.771
Treasurer $2,376.92 $4,034.26 $6,411.18
MIS $6,606.40 $6,606.40
$61,991.90 $12,007.531 $0.00 $73,999.43 $12,007.53 General Governement
Public Works $10,567.57 $26,571.30 $0.00 $37,138.87
$10,567.57 $26,571.30 $0.00 $37,138.87
$26,571.30 Public Works
Elder Services $5,301.19 $2,490.761 $7,791.95
Veterans $1,787.77 $1,787.77
Youth Services $7,001.34 $7,001.34
$14,090.30 $2,490.761 $0.00 $16,581.06 $2,490.76 Health&Human
I 1
Library $4,714.23 $3,762.60 $8,476.83
$4,714.23 $3,762.60' $0.00 $8,476.83
$3,762.60 Culture&Recreation
Total; $91,364.001 $44,832.191 $0.00 $136,196.19
Non Union- Union-
Department Name Salary Union-Salary Hourly Department Total
Police $8,923.16 $91,700.50 $16,896.69 $117,520.35
Fire $3,997.77 $104,866.30 $1,462.50; $110,326.57
Total $12,920.931 $196,566.80 $18,359.191 $227,846.92 $18,359.19 Public Safety
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Non Union-
Department Name Salary Union-Salary Department Total
School Adminstration $89,569.92 $89,569.92
School Custodians $34,466.15 $34,466.151
School Secretaries $10,381.30 $10,381.30'
Total) $89,569.92 $44,847.451 $134,417.371 $44,847.45 School
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Combined Total 1 $193,854.85 $286,246.44!$18,359.19 $498,460.481$108,038.83
4/2/2010,9:49 AM,Estimated 27th Pays by Department 02-02-10.As
Health Insurance Trust Fund
Fiscal Year 2010 - Projections
i
Total Appropriated Employee
Sch Lch,Com Pro Retiree's
$6,847,527.00 ( Deductions Town Receipts (# Interest income Cobra Payments Receipts (#
Month #4350) Insurance Expense &School(#4348) 4349) (#4820) (#4354) 4350) Total Monthly Activity Fund Balance
4,062,961.80
July 570,627.25 (790,778.61) 95,889.44 9,912.37 2,568.06 - 34,892.01 (76,889.48) 3,986,072.32
Aug 570,627.25 (845,746.65) 1,064.54 2,239.73 985.18 36,163.90 (234,666.05)1 3,751,406.27
Sept 570,627.25 (815,918.14) 218,307.99 20,145.09 1,880.31 2,149.26 35,368.93 32,560.69 3,783,966.96
Oct 570,627.25 (694,639.90) 126,451.27 6,715.03 1,504.67 1,495.32 4,828.73 16,982.37 3,800,949.33
Nov 570,627.25 (683,943.87) 125,825.41 : 6,715.03 1,322.52 1,258.30 1 66,351.48 88,156.12 j 3,889,105.45
Dec 570,627.25 (492,127.64) 111,166.28 6,715.03 1,226.70 2,365.14 34,724.18 234,696.94 4,123,802.39
Jan 570,627.25 (698,223.32) 147,307.80 6,715.03 866.54 629.15 32,406.18 60,328.63 : 4,184,131.02
Feb 570,627.25 (1,013,796.28) 118,001.82 6,715.03 800.00 1,268.91 34,962.20
(281,421.07)_ 3,902,709.95
Mar 570,627.25 : (1,139,385.32) 118,001.82 6,500.00 800.00 1,268.91 1 34,962.201 (407,225.14); 3,495,484.81
Apr 570,627.25 (969,846.32) 118,001.82 6,500.00 800.00 1,268.91 34,962.20 (237,686.14):, 3,257,798.68
May 570,627.25 (969,846.32) 118,001.82 6,500.00 800.00 1,268.91 34,962.20 (237,686.14)! 3,020,112.54
Jun 570,627.25 (972,325.32) 118,001.82 6,500.00 800.00 1,268.91 34,962.20 (240,165.14)1 2,779,947.40
IBNR 7 - - - - - _ _
(456,306.00)
6,847,527.00 (10,086,577.68) j 1,416,021.83 89,632.61 15,608.53 15,226.90 419,546.41 (1,283,014.40) 2,323,641.40
(H) (I) (J)
118,001.82 j 1,268.91 34,962.20
7 month average 7 month average 7 month average
8,803,563.28 Total Revenue
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2/12/2010,11:19 AM,FY10 Health Ins Trust Fund-projections 1-31-1OAS
FY10 Health Insurance Expense
Monhtly Stop Loss Reimb GBS Consulting Group Life Reinsurance HM Reinsurance Refunds Total Monthly
BCBC Medex Blue Care settlement (#4352) Fee's(J Sherry) (Prudential) Ins SSLIC /Adjustments Payments Ortly Totals
actual July 756,000.00 51,200.00 3,969.80 (22,669.45) 2,278.26 - 790,778.61
actual Aug 756,000.00 51,200.00 4,416.80 - - - 2,278.78 31,851.07 - - 845,746.65
actual Sept 756,000.00 51,200.00 3,969.80 - - 2,479.00 2,269.34 - - - 815,918.14 2,452,443.40 1stQrtTotal
actual Oct 756,000.00 51,200.00 4,416.80 2,633.90 (185,316.23) - 2,442.56 63,262.87 - - 694,639.90
actual Nov 756,000.00 51,200.00 6,154.70 - - 2,479.00 2,431.02 32,345.81 - (166,666.66) 683,943.87
actual Dec 756,000.00 51,200.00 4,609.90 - (354,562.39) - 2,408.24 32,471.89 - - 492,127.64 1,870,711.41 2ndQrtTotal
actual Jan 756,000.00 51,200.00 7,164.23 - (158,285.36) - 2,434.56 39,709.89 - - 698,223.32
projected Feb 756,000.00 51,200.00 6,212.80 154,503.14 2,479.00 3,691.45 39,709.89 1,013,796.28
projected Mar 869,400.00 51,200.00 5,844.98 169,539.00 - - 3,691.45 39,709.89 - - 1,139,385.32 2,851,404.92 3rdQrtTotal
projected Apr 869,400.00 51,200.00 5,844.98 - - - 3,691.45 39,709.89 - - 969,846.32
projected May 869,400.00 51,200.00 5,844.98 - - - 3,691.45 39,709.89 - - 969,846.32
projected June 869,400.00 51,200.00 5,844.98 2,479.00 3,691.45 39,709.89 972,325.32 2,912,017.95 4th Qrt Total
9,525,600.00 614,400.00 64,294.75 304,006.59 (698,163.98) 9,916.00 35,000.00 398,190.98 - (166,666.66) 10,086,577.68 10,086,577.68
(A) (A) (B) (C) (D) (E) (F) (G)
FY10 Appropriation $6,847,527.00
Vendor* ' settlement period
Blue Cross Blue Shield 9,525,600.00 (22,669.45) 03/01/09-05/31109 prioryr
Medex 614,400.00 2,633.90 6/ovo9-8/31/09
Blue Cross Blue Shield MASS 64,294.75 154,503.00 9/31/09-11/30/09
Monthly Settlements 304,006.59 169,539.00 projected
Consulting Fee's-J Sherry 9,916.00
Group Life-Prudential 35,000.00 304,006.45
Reinsurnace-HM Ins Group 398,190.98
Reinsurance-SSLIC -
Refunds/Adj (166,666.66)
Sub-total expenditures 10,784,741.66
Stop Loss Reimb. (698,163.98)
2/12/2010,11:19 AM,X:\My Documents Isavage's\FY2010\FY10 Health Insurance Trust\FY10 Health Ins Trust Fund-projections 1-31-10.x1s 1
1Possible way to address FY10 Deficits and 27th payroll costs
Municipal Deficts, FY10
Snow and Ice -$288,250
Veterans -$40,000
Total -$328,250
FY10 Lapse Salaries $80,981
FY10 2% Reserve $81,394
Total $162,375
Snow and Ice Deficit Carry over to FY11 -$165,875
27 th Payroll Costs, Municipal -$294,070
Total -$459,945
Additional Funds from Budget Update $301,777
Total -$158,168
Group Insurance $158,169
Notes on Group Insurance (employee health Ins.):
1) Anticipate that School Department would seek funds as well. Total
Draw Down: $474.507, School $316,338, Municipal, $158,169.
2) Projected Health Trust Fund balance on 6/30/10 ios$2 million,
this drawdown would reduce it to$2.3 million
FY10 BUDGET RESERVES- LAP SALARIES - MUNICIPAL DEPARTMENTS
Description Amount Department Total
Salaries- Part Time $ 3,880.69
Town Manager $ 3,880.69
Salaries- Full Time $ 15,357.94
Town Accountant $ 15,357.94
Salaries - Full Time $ 18,984.17
Purchasing $ 18,984.17
Salaries- Full Time $ 95.43
Treasurer Collector $ 95.43
Salaries- Full Time $ 4,662.09
Information Technology $ 4,662.09
Salaries - Full Time $ 137.47
Town Clerk $ 137.47
Salaries- Full Time $ 263.20
Conservation $ 263.20
Salaries- Full Time $ 2,500.43
Planning $ 2,500.43
Salaries- Full Time $ 9,451.12
Board of Appeals $ 9,451.12
Salaries- Full Time $ 1,340.63
DPW Admin $ 1,340.63
Salaries- Full Time $ 2,762.33
DPW -Streets- Sidewalks $ 2,762.33
Salaries - Full Time $ 8,985.65
DPW-Refuse $ 8,985.65
Salaries - Full Time $ 8,521.20 j
DPW-Fleet Maintenance $ 8,521.20
Salaries - Full Time $ 1,437.67
DPW- Structures and Grounds $ 1,437.67
Salaries - Full Time $ 2,522.90
Health $ 2,522.90
Salaries - Full Time $ 78.25
Senior Center $ 78.25
Total FY10 Budget Reserves $ 80,981.17 ,_r
3/24/2010,4:15 PM,X:\My Documents (savage's\FY2010\FY10 Budget Projections\Budget reserves\FY10 Budget Reserve - Lap
Salaries line item detail.xls 1
FY10 BUDGET RESERVES- 2% REDUCTION - MUNICIPAL DEPARTMENTS
Description Amount Department Total
Dues And Memberships $ 1.50
Town Moderator $ 1.50
Equipment Rental/lease $ 1,149.00
Town Manager $ 1,149.00
Other Charges And Expense $ 15.90
Finance Committee $ 15.90
Equipment Rental/lease $ 500.00
Printing And Forms $ 554.32
Auto Mileage $ 100.00
Town Accountant $ 1,154.32
Salaries - Full Time $ 3,800.00
Training And Education $ 885.00
Telephone $ 159.05
Office Supplies $ 90.04
Auto Mileage $ 300.00
Other Charges And Expense $ 500.00
Purchasing $ 5,734.09
Plans And Mapping $ 2,417.50
Assessors $ 2,417.50
Data Processing $ 2,895.28
Treasurer Collector $ 2,895.28
Audit Services $ 2,058.37
Auditing $ 2,058.37
Legal Services $ 4,268.35
Legal $ 4,268.35
Other Charges And Expenses $ 170.00
Assistant Town Manager $ 170.00
Telephone $ 3,478.80
Information Technology $ 3,478.80
Printing And Forms $ 2,566.75
Town Clerk $ 2,566.75
i
Capital Purchase >$999 <$4999 $ 278.00
Conservation $ 278.00
Repairs And Maintenance $ 432.28
Advertising $ 300.00
Training And Education $ 300.00
Printing And Forms $ 350.00
Community Development $ 1,382.28
Conferences And Meetings $ 100.00
Training And Education $ 100.00
Printing And Forms $ 67.00
Planning $ 267.00
Advertising $ 60.00
Board of Appeals $ 60.00
Repairs And Maintenance $ 5,350.00
Radio Repairs And Maintenance $ 730.00
Vehicle Maintenance $ 1,500.00
3/24/2010,4:11 PM,X:\My Documents Isavage's\FY2010\FY10 Budget Projections\Budget reserves\FY10 Budget Reserve 2%
reserve line item detail.xls 1
FY10 BUDGET RESERVES- 2% REDUCTION - MUNICIPAL DEPARTMENTS
Description Amount Department Total
Telephone $ 1,000.00
Animal Control $ 1,500.00
Police $ 10,080.00
Vehicle Maintenance $ 2,185.00
Fire Alarm $ 2,000.00
Capital Purchase >$999< $4999 $ 2,700.00
Furniture $ 500.00
Fire $ 7,385.00
Conferences In State $ 50.00
Training And Education $ 56.00
Dues And Subscriptions $ 383.20
Building Inspection $ 489.20
Training And Education $ 320.22
Emergency Management $ 320.22
Hazardous Waste Day Expense $ 8,000.00
Dumping Fees $ 19,981.56
DPW- Refuse $ 27,981.56
Advertising $ 131.00
Health $ 131.00
Training And Education $ 579.33
Health Clinic $ 150.41
Senior Center $ 729.74
Vehicle Fuel $ 317.84 j
Youth Services $ 317.84
Conferences In State $ 1,111.92
Periodicals $ 4,600.09
AV/Electronic Materials $ 225.65
Uniform And Clothing Allowanace $ 125.00
Library $ 6,062.66
Total FY10 Budget Reserves $ 81,394.36 g
3/24/2010,4:11 PM,X:\My Documents Isavage's\FY2010\FY10 Budget Projections\Budget reserves\FY10 Budget Reserve 2%
reserve line item detail.xls 2
EXPENDITURE SUMMARY
7TH PAYROLL
FY11 Reduction FY11
for Non Union
GENERAL GOVERNMENT DEPT REQUEST Salary Town Mgr. Rec.
Town Moderator $0 $0 $0
Selectmen/Town Manager $7,982 ($7,982)1,-' $0
Asst. Town Manager/HR $3,436 ($3,436) $0
Town Accountant $7,602 ($6,253) t/ $1,349
Purchasing $2,456 ($2,456) $0
Finance Committee $0 $0 $0
Treasurer/Collector $6,411 ($2,377) $4,034
Outside Auditing $0 $0 $0
Assessing $6,645 ($6,060) ✓' $584
Legal $p
Information Technology $6,606 ($6,606) �� $0
Town Clerk $6,262 ($4,270)t0 $1,992
Community Development $5,223 ($5,223) - $0
Planning Board $3,766 ($2,417) $1,349
Conservation Commission $2,794 ($2,119)- $675
Board of Appeals $0 $0 $0
$59,184 ($49,200) $9,984
PUBLIC SAFETY
Police Department $117,520 ($100,624) $16,897
Fire Department $110,327 ($108,864) $1,463
Inspectional Services $8,526 $0 $8,526
Emergency Management $0 $0 $0
$236,372 ($209,488) $26,885
EDUCATION
N A Public School $0 $0
27th Payroll cost- Education $134,417 ($89,570) $44,847
$134,417 ($8 9,570) $44,847
PUBLIC WORKS
Administration $13,023 ($10,568) $2,456
Street &Sidewalks $13,685 $0 $13,685
Solid Waste/Recycling $1,850 $0 $1,850
Fleet Maintenance $1,828 $0 $1,828
Structures & Grounds $6,753 $0 $6,753
Snow& Ice Removal $0 $0 $0
$37,139 ($10,668) $26,571
HEALTH & HUMAN SERVICES
Health Department $6,290 ($6,290 ° $0
Elder Services $7,792 ($5,301),2 $2,491
Youth Service $7,001 ($7,001) $0
Veterans Service $1,788 ($1 788) vll� $0
$22,871 ($20,380) $2,491
CULTURE & RECREATION
Stevens Library $8,477 ($4,714) it $3,763
Festivals Committee $0 $0 $0
Recreation $0 $0 $p
Historial Commission $0 $0 $0
$8,477 ($4,714) $3,763
Total 27th Payroll $498,460 ($383,920) $914,540
q1
CCd
FY11 General Fund Budget Revisions
Town Manager Budget Proposed Revision Difference Total
Revenues
Chapter 70 $5,440,937 $6,211,212 $770,275
Gen. Gov't Aid $1,715,347 $1,733,403 $18,056
Total Increase (decrease) in revenues $788,331 A
Expenses
Gr. Law. Tech H.S. $272,201 $362,832 $90,631 G
Unemployment $160,000 $200,000 $40,000 D
Group Insurance $9,000,419 $8,722,955 ($277,464) E
Total Increase (decrease) in expenditures ($146,833)
Total Additional Funds Available $935,164
School Allocation 67.73% $633,387 B
Municipal Allocation 32.27% $301,777 ,
Snow and Ice Deficit as of 3/22/2010
($288,250) F
Diff. Between Municipal Allocation and Snow and Ice Deficit $13,527 C
Health Insurance Trust Fund
-_ - - Fiscal Year 2010 - Projections
Total Appropriated Employee Sch Lch,Com Pro
- ) - ( - Deductions Town Receipts (# Interest income Cobra Payments Receipts Retiree's (#
- ; _
Month #4350 Insurance Expense &School(#4348) 4349) (#4820) (94354) 4350) Total Monthly Activity Fund Balance
6,847,527.00
July 570,627 25 -I 2,239.73 985.18 36.163.90 (76.889.48) 3,986,072.32- --
-- - (845 746 65)
Aug 570,627 25 (815,918.14 -
_ 218,307.99 20,145.09 (234 666.05) 3 751 406.27
1
2 568 06 i 34 892.01
Sept - 570 627.25 _._ -
1,064.54
44 9,912 37 .- _ --
- - - 1 880 31 2 149 26 5 368 93 3,783,966-96- -
3 32,560.69 I
Oct 570,627.25 - - --
(694 639.90) 126,451 27 6,715.03 1 504.67 1 495.32 4.828.73 16,982.37 3 800 949.33
Mov 570,627 25 (683 943.87) 125,825.41 6,715 03 1,322.52 1 258.30 -66,351.48 88,156.12 3,889,105.45
Dec 570,627.25 (492 127.64) 111,166.28 6,715.03 1,226.70 2,365.14 34,724.18 234,696.94 4,123,802.39
- -
-Jan 570,627.25 . (698,22-
698 223 32) 147,307 80 6,715 03' 866.54 629.15 32,406.18 60,328.63 4 184,131.02
Feb 57062725 (1,139,385.32)I 118,001.82
- - - 00 ) --- -
-- — - _ 1,268.91 34,962.20 (281,421.07 3,902,709.95
Mar 570 627 25 _ - I 800 00 .
(1,013 796.28) 118,001.82 6,715.03 ----
-- - -- 800 00 34,962.20 (407.225.14) 3,49 484.81
Apr 570 627 25 - (969 846.32)1 118,001.82 1 6,500.00 860.00 8.6
-_ -- - (969 846.32) 1 001.82 6,500.00 800.00 1,268.91 34 962.20 (237,686.14)] 3 257,798.68
May ._ 570 627 25 _- ------
- ( ) 3,020,112.54
Jun --
____ 118,001.82 6,500.00 800 00 1,268.91 34.962.20 (240,165.14 2,779,947.40
IBNR __ 27-25 972,325.32 _
_- - -- -
--- - (456,306.00)
6,847,527.00 )I -- 15,226.90 419,546.41 - 2,323,641.40
(H) -_ (1.283.014.40)1
(10,086 577.68 1 (I;,021.83 - 89,632 61 -
- 15 608 53 - 1,268.91 - 34J962.20 : - -
118.001.82
7 month average _ --9 -
8,803,563.28 j Total Revenue 9 7 month average 7 month average
2/12/2010,11:19 AM,FY10 Health Ins Trust Fund- projections 1-31-10.xis
INTEROFFICE MEMORANDUM
TO: Mark Rees, Town Manager DATE: April 1, 2010
FROM: Bruce Thibodeau, Director DPW-
CC: Lyne Savage, Budget Director
SUBJ: FY 2011 Sewer and Water Rate Estimates
As requested, I have run the model using the data available to date, which includes the
Manager's Recommended FY 2011 Sewer& Water Enterprise Budgets, revenues to date, and an
estimate of consumption amounts for the fiscal year. The following are the results of the
calculation for the two tier rates and, as requested, a one tier rate. I have included the current FY
2010 rates for comparison.
Water Rates Sewer Rates
FY 10 FY 11 % Diff. FY 10 FY 11 % Diff.
20-20 ccf/ u $3.80 $4.40 15.79% $5.83 $6.06 3.95%
over 20 ccf/ u $5.50 $6.59 19.82% $8.22 $8.73 6.20%
Uniform 1 Tier N/A $5.28 N/A $7.13
ccf/qu=100 cubic feet per quarter
Attached are the following items:
1. Summary of the Rate Model showing the input data and the estimated rates.
2. Revenue and Debt Service data prepared by Lyne Savage
3. Comparison of Estimated Rates to Past Years and Average Billings for both a 2 Tier
(current) and a 1 Tier System. The billings are based on 25 units quarterly which we
have determined is a appropriate average amount for residential usage.
4. Community Comparison of FY 2010 Water& Sewer Rates
5. GLSD Community Allocation Comparison. Although the Town's, as well as all other
communities except the City of Lawrence, allocation will increase, it is not as great as the
increase last year. The increases are due to reduction in flow for the City of Lawrence
over the past two years.
Please let me know if you have any questions.
411120109:05 AM FY 2010 Rates 2011 Model 3_31_10 update W_LS Input
SUMMARY OF RATE ALTERNATIVES
Water Rates Sewer Rates
Base Charge Current` Pro 5ed %Change Change Base Charge Current Proposed %Change $Change
5/8 $ 7.82 $ 7.82 0% $ - 5/8 $ - $ _ $
3/4 $ 8.16 $ 8.16' 0% $ - 3/4 $ - $ - $ _
1 $ 9.18 .$ 9:18. 0% $ - 1 $ - $ _ $ _
1 1/2 $ 10.55 $. 10.55: 0% $ - 1 1/2 $ - $
2 $ 14.31 $ 14.$1,' 0% $ - 2 $ - $ _ $
21/2 $ 14.31 $ 1!x.31 0% $ - 21/2 $ - $ _ $ _
3 $ 41.97 ,$ 41=97 0% $ - 3 $ - $ _ $
4 $ 52.21 $ 52.21 ' 0% $ - 4 $ - $ _ $ _
6 $ 76.11 $ 76.11 0% $ - 6 $ - $ _ $ _
8 $ 103.43 $ 103.43 0% $ - 8 $ - $ - $ _
10 $ 175.15 $ 175,15 0% $ - 10 $ - $ _ $ _
compound $ 175.15 :$ 175.15 0% $ - compound $ - $ - $ _
2 Tier Ascending Rate 2 Tier Ascending Rate
$ 3.80 :$ 4-40 16% $ 0.60 C "n :; _A $ 5.83 $ 6.06 4% $ 0.23
$ 5.50 $ 6.59 : 20% $ 1.09 -} _ .` $ 8.22 $ 8.73 6% $ 0.51
plus all sprinkler
Uniform Rate Uniform Rate
all use $ 5.28 all use $ 7.13
Fire Protection (per yr) 150% 144%
2 $ 33.00 :$ 41400 24% $ 8.00 S A M E B A S E CHA R N
21/2 $ 55.00 $ 70.OG 27% $ 15.00 2.3 _
3 $ 87.00 :$ ;: 110:0 26% $ 23.00 3.8
4 $ 180.00 23Q.01 28% $ 50.00
6 $ 515.00 28°fo $ 145.00
4/1/20109:05 AM 2011 Model 3_31_10 update W_LS Input
SUMMARY BY DEPARTMENT: 4500 WATER DEPARTMENT
LINE
ITEM LINE ITEM 20 ff
NO. Actual 2011 2012 2013 2014 Rate Year
Personnel
5111 Salaries,Full-Time 'fib 580,650 598,070 616,010 634,490 563,736
5112 Wages,Part-Time - - - - -
5130 Overtime 40D10 41,200 42,440 43,710 45,020 40,000
5138 Summer Help Salaries - - -
5140 Longevity 1;,'1,'7"58 10,050 10,350 10,660 10,980 9,758
Salary Reserve $0 16,000
Total: Personnel Costs $613,494 $631,900 $650,860 $670,380 $690,490 $629,494
Expenses
5210 Electricity 4;:,1,0,!I,„ 447,410 465,310 483,920 503,280 430,200
5213 Heating Fuel f:77r'04'10 83,200 86,530 89,990 93,590 80,000
5239 Engineering 1 3"� 18,450 18,910 19,380 19,860 18,000
5240 Repairs&Maintenance 5:5°,Jtivi1 159,850 163,850 167,950 172,150 155,950
5304 Laboratory 25,00('� 25,630 26,270 26,930 27,600 25,000
5311 Advertising 3,000 3,080 3,160 3,240 3,320 3,000
5851 Capital Outlay>$5,000 164,000 168,100 172,300 176,610 160,000
5314 Legal Services - - - -
5316 Contracted Services 103,000 105,580 108,220 110,930 113,700 103,000
5321 Conferences In State - - -
5322 Training&Education 7 5,430 5,570 5,710 5,850 5,300
5341 Telephone ',?i,,170 3,560 3,650 3,740 3,830 3,470
5342 Postage Services 1'90f) 1,950 2,000 2,050 2,100 1,900
5345 Inernet Service - - - j
5391 Outside Detail 2'E7;IIO 2,670 2,740 2,810 2,880 2,600
5420 Office Supplies 2,750 2,820 2,890 2,960 3,030 2,750
5422 Materials&Supplies 102,500 105,060 107,690 110,380 113,140 102,500
5482 Vehicle Fuel 3,640 3,790 3,940 4,100 3,500
5535 Billing Supplies - - - - -
5545 Chemicals 8 15'(10-10 192,400 200,100 208,100 216,420 185,000
5596 Uniforms&Clothing 7,41'�!) 7,640 7,830 8,030 8,230 7,450
5711 Auto Mileage - - - - -
5730 Duesl Memberships&Subscriptions 1,401) 1,440 1,480 1,520 1,560 1,400
5780 Other Charges&Expenses 1:9,444 19,930 20,430 20,940 21,460 19,444 1
5850 Additional Equipment - - - - -
5851 Capital Outlay>$5,000
Subtotal:Expense costs $1,310,464 $1,353,740 $1,398,620 $1,444,820 $1,492,710 $1,310,464
Debt Service 2,791,277 2,893,591 2,794,937 3,072,010 3,121,202 2,791,277
Capital - - - - - -
Transfer to G/F 658,016
Reserves 560,350 574,360 588,720 603,440 618,530 633,990
Indirects - - - - -
Transfer out
Total: Expense Costs $6,320,107 $4,821,691 $4,782,177 $6,120,270 $6,232,442 $4,735,731
Total: Water Dept. Costs $5,933,601 $5,453,591 $5,433,037 $5,790,650 $5,922,932 $6,365,226
22.06% -8.09%
Revenues
Usage Charges
Hookup Fees $87,000 $87,000 $87,000 $87,000 87,000
Transfer Out/In Reserves $0 $r' $0 $'o -
Interest Pen&Income $2 ,)0'0 $23,500 $23,500 $23,500 $23,500 23,500
Other Charges $c�(m'aao $660,000 $660,000 $660,000 $660,000 660,000
Transfer In $0 $0
Total: Revenues $770,500 $770,500 $770,500 $770,500 $770,500 $770,500
Required From Rates $5,163,101 $4,683,091 $4,662,537 $5,020,150 $5,152,432 $4,594,725
411120109:05 AM 2011 Model 33110 update WLS Input
SUMMARY BY DEPARTMENT: 4400 SEWER DEPARTMENT
LINE
ITEM LINE ITEM 2011
NO. ACTUAL 2012 2013 2014 2016 Rate Year
Personnel
5111 Salaries,Full-Time 535,804 551,880 568,440 585,490 603,050 535,804
5112 Wages,Part-Time - - -
5130 Overtime 200)O 20,600 21,220 21,860 22,520 20,000
5138 Summer Help Salaries - - - - -
5140 Longevity 4,669 4,810 4,950 5,100 5,250 4,669
Salary Reserve - 7,524
Total: Personnel Costs $660,473 $577,290 $694,610 $612,450 $630,820 $567,997
Expenses
5210 Electricity 100,000 104,000 108,160 112,490 116,990 100,000
5213 Heating Fuel 1 000 10,400 10,820 11,250 11,700 10,000
5239 Engineering Services 10,000
5240 Repairs&Maintenance 77,000 78,930 80,900 82,920 84,990 77,000
5270 Equipment Rental/Lease 151100 510 520 530 540 500
5312 Data Processing - - - -
5314 Legal Services - - - - -
5316 Contracted Services 23,1500 24,090 24,690 25,310 25,940 23,500
5321 Equipment Rental/Lease - - - - -
5322 Training&Education 2,200 2,260 2,320 2,380 2,440 2,200
5341 Telephone 10'000 10,250 10,510 10,770 11,040 10,000
5342 Postage Services - - - - -
5391 Outside Detail 4,300 4,410 4,520 4,630 4,750 4,300
5422 Materials&Supplies 42,000 43,050 44,130 45,230 46,360 42,000
5482 Vehicle Fuel 9,500 9,880 10,280 10,690 11,120 9,500
5535 Advertising 600 620 640 660 680 600
5596 Uniforms&Clothing 2,400 2,460 2,520 2,580 2,640 2,400
5652 Sewerage Assessment(GLSD) 1„642,900 1,692,190 1,742,960 1,795,250 1,849,110 1,642,900
5730 Dues/Memberships&Subscriptions 200 210 220 230 240 200
5780 Other Charges&Expenses 8,000 8,200 8,410 8.620 8,840 8,000
5850 capital Outlay<$5000 80,0401 10,250 10,510 10,770 11,040 10,000
5880 Other Capital Outlay - - - - -
Debt Service 2,068,083 2,120,019 2,118,413 2,106,499 2,079,801 2,068,083
Capital - - - - - -
Indirects 422,161 432,720 443,540 454,630 466,000 422,161
Settlement 56,000 56,000 56,000 56,000
Reserves 37,354 38,290 39,250 40,230 41,1240 42,270
Transfers Out-GLSD credit - - - -
Total: Expense Costs $4,626,698 $4,610,449 $4,680,063 $4,686,439 $4,734,221 $4,541,614
Total: Sewer Dept.Costs $6,087,171 $5,187,739 $6,274,673 $5,297,889 $6,366,041 $5,109,611
Other Revenues
User Charges
Interest Pen&Income ,1,24,000 $24,000 $24,000 $24,000 $24,000 24,000
Other Fees 2326,000 $326,000 $326,000 $326,000 $326,000 326,000
Sewer Relief Fund $0 $0 $0 $0 $0 -
Hook Up Fees $105,384 $ 04,034 $96,959 $95,074 100,000
Trans.In/Out reserves $0 t50 $0 $0 -
Total: Other Revenues $450,000 $455,384 $454,034 $446,959 $445,074 $450,000
Required From Rates $4,637,171 $4,732,355 $4,820,639 $4,850,930 $4,919,967 $4,659,611
WATER RETAINED EARNINGS PROJECTIONS-
(5% Reserve)
Water FYI FY10 FYI FY11 Req. FYI Rec. %inc.over %inc.over
per Recap Actual projected FY10 Bud. FYI Proj
as of 02/28/10
Operating Revenues
User Fees $5,010,486 $2,979,652 $4,076,563 $0 $5,166,103 3.11% 26.73%
Interest Pen $23,000 $14,725 $22,088 $0 $22,000 -4.35% -0.40%
Hook Up Fees $40,000 $58,000 $87,000 $0 $87,000 117.50% 0.00%
Other Fees $500,000 $441,327 $661,991 $0 $660,000 32.00% -0.30%
Misc Revenue $0 $3,524 $3,524 $0 $0
Interest Income $8,000 $928 $1,500 $0 $1,500 0.00%
Bond Premium $0 623 623 L0 L0
Total Oper. Rev. $5,581,486 $3,498,779 $4,853,288 $0 $5,936,603 6.36% 22.32%
Expenses
Salaries $785,092 $555,090 $778,621 $623,494 $623,494 -20.58% -19.92%
Expenses $1,348,087 $542,048 $930,406 $1,400,465 $1,300,465 -3.53% 39.77%
Pr Yr Encumbrances $0 $3,873 $3,873 $0 $0 -100.00%
Debt Service $2,686,211 $1,381,509 $2,683,206 $2,791,277 $2,791,277 3.91% 4.03%
Capital Outlay $26,324 $26,324 $26,324 $0 $0 -100.00% -100.00%
Indirects $623,712 $415,808 $623,712 $658,016 $658,016 5.50% 5.50%
Total Expenses $5,469,426 $2,924,652 $5,046,142 $5,473,252 $5,373,25 6.48%
Deficit/Surplus $112,060 $574,128 -$192,854 $563,350 $268,663 5%
Beg. Fund Bal -$98,834 -$98,834 -$98,834 -$291,688
Trans. Out/in $112,060 $574,128 -$192,854 563 350
End Fund Bal $13,226 $475,294 -$291,688 $268,663
The beginning fund balance of($112,060) represents the amount certified by the
Department of Revenue to be available for expenditures or rate mitigation as of
6/30/09. The actual retained earnings amount is (98,834)
i
Debt Service Water Enterprise Fund
rn 3.00
® 2.50
2.00
FY14 CIP Debt
1.50 ❑FY13 CIP
\ \ \ \ \ \ Debt
1.00 \ \ \ \ \ \ \ ❑FY12 CIP Debt
�\ \ 0 FYI 1 CIP Debt
0.50
FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15
SEWER RETAINED EARNINGS PROJECTIONS
(5% Reserve)
Sewer FY10 Org FY10 FY10 FY11 Req. FY11 Rec. %inc.over %inc.over
Actual projected FY10 Bud. FY10 Proj.
as of 02/28/10
Operating Revenues
User Fees $4,156,253 $2,658,074 $4,039,240 $0 $4,637,171 11.57% 14.80%
Interest/Penalties $20,000 $14,285 $21,428 $0 $21,000 5.00% -2.00%
Hook Up Fees $40,000 $78,723 $118,085 $0 $100,000 150.00% -15.31%
Other Fees $350,000 $217,797 $326,696 $0 $326,000 -6.86% -0.21%
Misc Revenue $0 $3,840 $99,204 $0 $0 -100.00%
Interest Income $4,000 $2,005 $3,008 $0 $3,000 -0.25%
Bond Premium L $39,883 $39,883 $0 $0 -100.00%
Total Oper.Rev. $4,570,253 $3,014,607 $4,647,542 $0 $5,087,171 11.31% 9.46%
Expenses
Salaries $394,887 $281,575 $395,745 $560,473 $560,473 41.93% 41.62%
Expenses $282,450 $129,202 $290,119 $329,201 $300,201 6.28% 3.48%
Pr Yr Encumbrances $0 $6,534 $6,534 $0 $0 -100.00%
GLSD Assessment $1,367,010 $983,283 $1,376,009 $1,642,900 $1,642,900 20.18% 19.40%
Settlement $56,000 $56,000 $56,000 $56,000 $56,000 0.00% 0.00%
Debt Service $2,086,123 $959,708 $2,151,812 $2,068,082 $2,068,082 -0.86% -3.89%
Indirects $383,783 $255,855 $383,783 $422,161 $422,161 10.00% 10.00%
Total Expenses $4,570,253 $2,672,157 $4,660,002 $5,078,817 $5,049,817 10.49% 8.37%
Deficit/Surplus $0 $342,451 -$12,459 $37,354 $252,491 5%
Beg.Fund Bal $227,596 $227,596 $227,596 $215,137
Trans.Out/in $0 $342,451 -$12,459 37 354
End Fund Bal $227,596 $570,047 $215,137 $252,491
The beginning fund balance of$136,158 represents the amount certified by the
Department of Revenue to be available for expenditures or rate mitigation as of
6/30/09. The actual retained earnings amount is$227,596.
Debt Service Sewer Enterprise Fund
3.00
I �
0
2.50
2.00 — — \ ---
1.50
\ \ \ I FY12 CIP Debt
1.00 MFY11 CIP Debt
0.50 \ \ \ \ \- \' \ MCurrent Debt
FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15
Comparison of Past Year Rates&Ave. Billing on 25 Units 2 Tiers 30-Mar-10
5% Retained Earnings
Percent
Difference Avg. Avg.
FYI to Increase/ Increase
FY 2008 FY 09 FY 10 FY 11 FYI Qtr. /Month
Water 1 st Tier $3.59 $3.39 $3.80 $4.40 15.79%
Sewer 1 st Tier $4.30 $4.96 $5.83 $6.06 3.95%
Combined 1st Tier $7.89 $8.35 $9.63 $10.46 8.62%
Water 2nd Tier $5.53 $4.96 $5.55 $6.59 18.74%
Sewer 2nd Tier $6.18 $7.07 $8.22 $8.73 6.20%
Combined 2nd Tier $11.71 $12.03 $13.77 $15.32 11.26%
Avg. Bill/qtr $216.35 $227.15 $261.45 $285.80 $24.35 $8.12
Based on 25 units % increase -8.76% 4.75% 15.10% 9.31%
Unit= 100 cu. Ft
% increase, Last 3 years 32%
Av. Bill/qtr Water $103.75 $120.95 16.58% $17.20 $5.73
Av. Bill/qtr Sewer $157.70 $164.85 4.53% $7.15 $2.38
Av. Bill total $261.45 $285.80 9.31% $24.35 $8.12
FY 11 - 2 Tier
Comparison of Past Year Rates&Ave. Billing on 25 Units 1 Tier 30-Mar-10
5% Retained Earnings
Percent
Difference Avg. Avg.
FYI to Increase/ Increase
FY 2008 FY 09 FY 10 FY 11 FYI Qtr. /Month
Water 1 st Tier $3.59 $3.39 $3.80 $5.28 38.95%
Sewer 1 st Tier $4.30 $4.96 $5.83 $7.13 22.30%
Combined 1st Tier $7.89 $8.35 $9.63 $12.41 28.87%
Water 2nd Tier $5.53 $4.96 $5.55 $0.00 -100.00%
Sewer 2nd Tier $6.18 $7.07 $8.22 $0.00 -100.00%
Combined 2nd Tier $11.71 $12.03 $13.77 $0.00 -100.00%
Avg. Bill/qtr $216.35 $227.15 $261.45 $310.25 $48.80 $16.27
Based on 25 units % increase -8.76% 4.75% 15.10% 18.67%
Unit= 100 cu. Ft
% increase, Last 3 years 43%
Av. Bill/qtr Water $103.75 $132.00 27.23% $28.25 $9.42
Av. Bill/qtr Sewer $157.70 $178.25 13.03% $20.55 $6.85
Av. Bill total $261.45 $310.25 18.67% $48.80 $16.27
FY 11 -1 Tier
Comparison of 1 vs. 2 Tiers&Ave. Billing on 25 Units 30-Mar-10
5% Retained Earnings
Percent
Difference Avg. Avg.
FYI to Increase/ Increase
FY 11 FY 11 FYI 1 Qtr. /Month
Water 1st Tier $4.40 $5.28 20.00%
Sewer 1 st Tier $6.06 $7.13 17.66%
Combined 1st Tier $10.46 $12.41 18.64%
Water 2nd Tier $6.59 $0.00 -100.00%
Sewer 2nd Tier $8.73 $0.00 -100.00%
Combined 2nd Tier $15.32 $0.00 -100.00%
Avg. Bill/qtr $285.80 $248.20 $24.45 $8.15
Based on 25 units
Unit= 100 cu. Ft
Av. Bill/qtr Water $120.95 $132.00 9.14% $11.05 $3.68
Av. Bill/qtr Sewer $164.85 $178.25 8.13% $13.40 $4.47
Av. Bill total $285.80 $310.25 8.55%
$24.45 $8.15
FY 11 - 2 Tier vs. 1 Tier
COMPARISON OF FY 2010 WATER AND SEWER RATES*
CITYITOWN WATER SEWER
AMESBURY $5.20 77-$5-60
ANDOVER _ $2.92 $3.09 GLSD
BILLERICA $2.70 $12.70
CHELMSFORD $4.85 $2.82
DANVERS $3.98 $5.49
HAVERHILL $2.54 $3.52
LAWRENCE $3.00 $3.20 GLSD
MERRIMAC $5.09 $9.54
METHUEN - $2.15 $2.15 GLSD
NORTH ANDOVER $3.80 $5.83 GLSD
1
READING $7.73 $8.02
TEWKSBURY $3.79
$5.63
WILMINGTON $3.17 $4.80
AVERAGE $3.92 $5.57
i
*SOURCE: WWW.TIGHEBOND.COM. SOME FIGURES HAVE BEEN CONVERTED TO HCF
GLSD - Community Allocation Percentage
North Andovei Andover Salem NH Methuen Lawrence
FY 2009 -0.979% 4.140% 0.739% 8.845% -0.683%
FY 2010 16.993% 7.098% 13.623% 8.396% -6.787%
FY 2011 6.306% 8.529% 7.706% 4.941% -2.861%
3 Year Average 7.440% 6.589% 7.356% 7.394% -3.444%
GLSD - Community Waste Water Flows
2010 to date 2009 entire year Difference
09v10
%of Total Mean Daily %of Total Mean Daily 09 v 10 Flow %of Total
Flow MG Flow Flow, MGD Total Flow MG flow Flow, MGD MGD Flow
Lawrence 646.42 35.67% 10.96 3925.11 35.59% 12.68 -1.72 0.08%
Methuen 444.87 24.55% 7.54 2776.54 25.18% 7.94 -0.4 -0.63%
Andover 280.02 15.45% 4.75 1658.7 15.04% 4.54 0.21 0.41%
North Andover 250.78 13.84% 4.25 1534.24 13.91% 4.31 -0.06 -0.07%
Salem NH 190.24 10.50% 3.22 1134.15 10.28% 3.14 0.08 0.22%
Total 1812.33 100.01% 30.72 11028.74 1 32.61 -1.89
y,
Town of North Andover
Facilities Master Plan — OUTLINE
Municipal Facilities & School
I. Introduction,Background, and Objectives
A. Introduction
The Town of North Andover requests proposals from qualified Architectural or
Engineering firms licensed in Massachusetts to provide evaluation and design services for
space needs associated with the various departments listed in Section II-A. The results of
the study will become the basis for a long term facilities plan. This study will be overseen
by a committee (North Andover Facilities Plan Committee NAFPQ appointed by the Board
of Selectman, upon recommendations provided by the Town Manager. The Committee will
consist of a Selectman that will act as Chairman, residents and representatives of the
departments listed herein.
B. Background
The 2000 Master Plan identified the need for a Facilities Plan.
"Facilities Plan: North Andover will plan, fund, and implement a facilities
improvements plan within its Capital Improvement Plan in order to provide well-
designed, modern, convenient municipal and school buildings that meet current codes
and are accessible to and usable by all persons. The plan shall be based on
comprehensive feasibility studies and include all relevant costs associated with design,
construction, land acquisition and operations and maintenance increases associated
with each facility. The plan shall provide alternatives analysis to determine the most
effective program in terms of cost and benefits. "
Based on the 2000 Master Plan, the facilities plan would be a guide for making decisions
based upon a comprehensive evaluation of Town needs and the feasibility of each identified
and required project.
The Town of North Andover is considering various options for providing permanent space
to existing Town departments. The Town is a municipality of approximately 29,000
residents located in Essex County. The Town operates with a Board of Selectmen and Open
Town Meeting form of government with a Town Manager. The Town's annual operating
budget is more than$75,000,000.
In 2006, the Town conducted elementary schools capacity study and in 2008 began the
process of conducting a review of existing municipal space needs. The review was an
assessment of the programmatic needs of various departments and a brief summary of
existing Town properties and facilities.
Projects that were completed in recent years or are underway include: new Police Station,
Early Childhood Center, Thomson School, and Sergent School. Renovations to MiddleX School, Town Hall, Stevens Library and Senior Center. In addition, modular classes are
being added to the Kittredge School. t
An educational enrollment assessment was completed in 2006. While there has been "
significant capital improvements in the school department including a new high school, �MAN
renovated middle school, a renovated elementary school and a new elementary school,
Franklin, Kittredge and Atkinson Elementary Schools were building in the late 1950's and
early 1960's and have not been significantly upgraded since then. The Facilities Master
plan should address what should be done to address their conditions.
Reports Available
• Master Plan,May 2000
• Foster Farm Implementation Plan&Elementary Schools Capacity Study, May 2006
• Site Evaluation/Public Safety Facilities Plans 1997
• Johnson Street Fire station—project manual 1998
• List of Town properties and open space plan
C. Objectives
The overall objective of the Facilities Master Plan is to build on the information obtained
through prior studies and plans and to evolve options with regard to Town held properties
and potential real estate transactions to enable assessment of current and future needs and
the disposition of future Town assets and Departments.
1. Review prior studies,plans and reports as listed above
2. Develop a needs assessment which would include efficient operations, location and
adequate office space
3. Evaluate space needs and determine if available sites will adequately meet those needs.
Departments include:
■ School Administration
■ Senior Center
■ Community Development Division
■ Department of Public Works (DPW)
■ Fire Department
■ Franklin, Kittredge and Atkinson Schools
4. Perform a structural/architectural analysis of Town owned facilities to determine their
condition and opportunity for redevelopment as use for municipal space, or other
purpose. Structural/Architectural Analysis for:
• Bradstreet School
• Police Station(Osgood/Park) w
• Fire Station (Main Street)
• DPW Building
Include an evaluation of, physical conditions, suitability of current use and building
code issues(note: re-use alternatives make sense but not programmatic assessment
since they are vacant)
5. Review specific (Town will provide list) vacant town owned property and provide site
analysis and feasibility for development
6. Present feasible solutions and alternatives with justification
7. Provide schematic designs for each alternative
8. Estimate the costs of each building project, including capital and operating costs
9. Create a realistic timeline for implementation
10. Outline opportunities that may arise with purchases/swap of town real estate assets that
may provide improved solutions to department/facility relocations to include potential
g
opportunities for public/private collaborations
t 1. Assist and facilitate the dissemination of information to the various interested parties,
including but not limited to the preparation and printing of material, including copies ���ir
for the Town board members and departments, as well as at least one unbound copy V11
and an electronic copy ���iHa , NY
f
k
Timeline Fl�lit
The consultant will be expected to commence activities September 2010 and to have
available a preliminary report for review by January 2011, in anticipation of presenting to the
May 2011 Town Meeting. The consultant is expected to meet with the NAFPC to discuss
findings and options on a regular basis. Upon awarding of the contract, the consultant and
the NAFPC will develop and agree to a scheduled plan that includes milestones and dates for
completing reports,presentations, and other related activities.
II. Scope of Services
The general scope is to:
• Assess program needs over a 10 to fifteen year timeframe
• Review potential space/building options to meet those needs
• Prioritize each option based on the needs of the Town and the logical evolution of step by
step facilities plan.
The data must be presented in a document that lists,for each option,the following:
• Importance/urgency of each of the identified program needs.
• Feasibility of each alternative.
• Pros and cons of each alternative.
• Projected cost of each alternative.
• Schematic Designs for each alternative
At the completion of the needs assessment the consultant will present its findings to various
Town boards and departments.
A. Needs Assessment
MEN
Some departments require assessment, particularly the schools, because of possible higher
enrollments than those contemplated. One component of the Facilities Master Plan will be to
assemble and evaluate the needs of the departments, as listed below.
1. Schools/School Administration
The School Department Central Administration leases space at 1600 Osgood Street.
Determining where to house the school administration permanently is a need that must be
addressed by this Facilities Master Plan. The 2008 committee recommended using the
existing Senior Center as it is physically attached to Town Hall.
With regard to the schools, the Facilities Master Plan should review enrollment
projections, existing and projected town demographics (using 2010 Census if feasible).
2. Senior Centers
The North Andover Council on Aging is projects a 50% increase in residents being
served over the next ten years. Using the most available census data, project space needs
and determine alternatives if existing senior center cannot accommodate future needs. �P01,, ,
3. Community Development g"
The Community Development Division employees 17 staff members and various
consultants. The office is currently located at 1600 Osgood Street where they maintain
approximately 6,000 square feet of space. The current space is free based on a Tax
Increment Finance (TIF) Plan granted to the landlord in 2005. The lease arrangement
will expire in April,2016. Thereafter rent will be assessed at the then current market cost.
The division includes Building, Conservation, Health,Planning and Zoning.
4. Department of Public Works
The Public Works Building is an older steel building constructed in the early 1960's and
is located on Town land. The DPW structure is a two-story building housing a few
offices and garages serving most of the departments. The structure also consisted of an
attached equipment storage garage and an attached equipment repair facility and a series
of storage sheds open to the weather. Determine the capacity/life of existing facility and
make recommendations.
5. Fire Department
The functionality of the fire station locations has been studied over the past years. Two
fire stations exist and the possibility of a third station has been discussed. The need is to
review the existing fire department reports and assess the "functionality" of the two
existing fire stations. The 2008 committee recommended using the dedicated, town
owned, one acre public safety site, located at the high school to construct a new fire
station to replace the existing downtown fire station. Determine the capacity/life of
existing facilities and make recommendations.
B. Building and Site Assessment
The Bradstreet School and Police Station are vacant. The two buildings will be analyzed as
to their feasibility for future municipal functions. Detailed site assessment is not considered
part of this scope of services, but the following specific site assessment activities should be
included.
• Review and identify potential sites owned by the town for the needs identified in the
needs assessment(site list provided).
• Determine which sites will accommodate which programs.
• Recommend detailed site assessment beyond the scope of this Facilities Master Plan.
C. Alternatives, Scenarios, and Facilities Master Plan Development
With the needs established and the sites identified, the NAFPC will require a range of
alternatives to consider. Each alternative should include:
• Pros and cons;
• Schematic building design concepts;
• Effect on other Town infrastructure elements;
• Projected design, development, and construction costs;
• Impact on Town/department operations;
• Consideration of health, safety, or legal requirements;
• Timelines for projects, both individually and collectively; and
• General public accessibility
III. Fee for the Service
The fee for the work will be negotiated with the highest ranked firm, not to exceed
$150,000, and incorporated within a contract for services.
i
Article : Establishment of Revolving Funds To see if the Town will vote to authorize the following revolving funds for certain Town
departments under Massachusettes General Laws, Chapter 44, Section 53E 1/2 for the Fiscal Year beginning July 1,2010 and ending
June 30, 2011;or to take any other action relative thereto.
Revolving Fund Accounts
Account FY 2011
Number Revolving Fund Authorized to Spend Use of Funds Revenue Source Limit
1. 2031213 Youth Services Revol Assistant Town Manager All programs and Participants'fees, Grants, $ 250,000
activities, expense, part Donations, and related
time help Fundraising proceeds
2. 2031210 Field Maintenance Director-Division of Public Field maintenance, Field rental fees, Grants, $ 10,000
Works upgrade and related Donations, and related
expenses Fundraising proceeds
3. 2031217 Elder Services Assistant Town Manager Senior programs, Participants'fees, Grants, $ 20,000
-COA Revol classes and activities Donations, and related
Fundraising proceeds
4. 2031211 Health Dept Revolving Director-Community clinic supplies and other Clinic participant fees, $ 30,000
Development and Services related materials Grants, Donations, and
Division related Fundraising
proceeds
5. 2031204 Wheelabrator Planning Director-Community Air quality monitoring Wheelabrator Host $ 35,000
Development and Services Community Agreement
Division
6. 2031205 Wheelabrator Public Director-Community To enforce Trash Truck Wheelabrator Host $ 20,000
Safety Development and Services regulations Community Agreement
Division
7. 2031206 Wheelabrator-Health Director-Community Protection of health, Wheelabrator Host $ 18,000
Development and Services safety and monitoring Community Agreement
Division the air quality
8. 2031207 Health Dept-Food Director-Community Food Consultant fees Inspection Fees $ 20,000
Inspections Development and Services and expenses related to
Division program
9. 2031208 Health Dept-Septic Director-Community Septic Consultant fees Inspection Fees $ 30,000
Inspections Development and Services and expenses related to
Division program
10 Stormwater Bylaw Director-Community Review,test and inspect Review Fees $ 50,000
Development and Services Stormwater reports
Division
Total: $ 463,000
AccountsFY11 in FY11 Revolving Accounts Article.xls 4/2/2010 9:42 AM
Revolving Fund Account Receipts and 'Expenditures
Receipts
Account Balance FY09 FY09 Balance thru Expenditures
Number Revolving Fund 7/1/08 Receipts Expenditures 06/30/09 03/31/10 thru 03/31110 Balance
1. 2031213 Youth Services Revol $ 275,329 $ 260,219 $ (240,328) $ 295,219 $ 86,714 $ (229,358) $ 152,575
2. 2031210 Field Maintenance $ 16,458 $ 8,000 $ (10,190) $ 14,268 $ 6,900 $ - $ 21,168
3. 2031217 Elder Services $ 627 $ 2,388 $ (605) $ 2,410 $ 9,945 $ (9,097) $ 3,258
-COA Revol
4. 2031211 Health Dept Revolving $ 10,170 $ 25,048 $ (25,495) $ 9,722 $ 27,301 $ (19,189) $ 17,835
5. 2031204 Wheelabrator Planning $ 58,343 $ 25,000 $ (26,035) $ 57,308 $ 25,000 $ (12,438) $ 69,869
6. 2031205 Wheelabrator Public $ 69,799 $ 12,500 $ (23,971) $ 58,328 $ 15,700 $ (5,704) $ 68,324
Safety
7. 2031206 Wheelabrator- Health $ 24,067 $ - $ (3,079) $ 20,988 $ - $ (2,000) $ 18,988
8. 2031207 Health Dept- Food $ 67,490 $ 22,065 $ (14,098) $ 75,457 $ 21,235 $ (9,413) $ 87,279
Inspections
9. 2031208 Health Dept-Septic $ 28,937 $ 11,150 $ (22,338) $ 17,749 $ 7,309 $ (10,383) $ 14,676
Inspections
ReceiptsAnd Expend ituresFY10 in FY11 Revolving Accounts Article.xls 4/2/2010 9:42 AM
List of Appropriations —Community Preservation Fund
Description Amount Category
Town Common: Scenic restoration; $450,000 Historical Preservation
underground utilities
Ridgewood Cemetery: Restoration of $70,150 Historical Preservation
gates, grave marks and landscape (Phase
II)
Stevens Library: Restoration of main $50,000 Historical Preservation
walkway
Main Street Fire House: Refurbishment $22,500 Historical Preservation
of building infrastructure (Phase II)
Hay Scales Building(Town Common); $7,695 Historical Preservation
Building Restoration(Phase II)
Reserve for future expenditures $182,400 Affordable Housing
Principal and Interest expenses: $650,000 Open Space Protection
Windrush Farm
I
Rolling Ridge: Purchase of conservation $600,000 Open Space Protection
restriction,trail access and parking area
Windrush Farm: Parking area and $18,000 Open Space Protection
signage
Administrative Costs $30,000 Administrative and
Operating Expenses
Total Appropriations $2,080,745
NORTH ANDOVER COMMUNITY PRESERVATION COMMITTEE-LONG RANGE PLAN(Base Case)
(all numbers are in thousands of dollars)
Completed Years Plan Years
FY 02 FY 03 FY 04 FY 05 FY 06 FY 07 FY O8 FY 09 FY10 FYI l FY 12 FY13 FY 14 FY15 Total
Beginning Balance $0.0 $700.1 $863.1 $974.2 $538.1 $634.5 $923.3 $865.2 $2,408.6 $3,413.3 $3,181.2 $3,964.9 $5,319.2 $6,714.1 $0.0
Projected Revenue
From CPA Tax Surcharge $793.6 $896.0 $1,021.8 $1,042.4 $1,126.0 $1,159.8 $1,231.7 $1,283.0 $1,321.5 $1,361.1 $1,402.0 $1,444.0 $1,487.3 $15,570.2
From State Matching Funds $0.0 $802.7 $896.0 $1,021.8 $1,051.2 $1,126.0 $1,159.8 $901.4 $489.8 $462.5 $476.4 $490.7 $505.4 $520.6 $9,904.3
Self Help and Other Grants $250.0 $250.0 $750.0 $1,250.0
Private Contributions $151.2 $25.0 $1,000.0 $1,176.2
Other $136.7 $50.0 $75.0 $100.0 $60.0 $421.7
Total Revenue $1,043.6 $2,099.9 $1,917.8 $2,089.2 $2,313.9 $2,335.8 $2,466.5 $2,284.4 $3,621.3 $1,823.7 $1,878.4 $1,934.7 $1,992.8 $520.6 $28,322.4
Projected Expenditures
Affordable Housing $79.4 $169.9 $191.8 $206.4 $213.6 $228.6 $239.1 $286.4 $175.0 $182.4 $187.8 $193.5 $199.3 $52.1 $2,605.2
Open Space Protection $263.1 $1,110.1 $1,091.9 $1,855.2 $1,582.4 $1,614.5 $1,715.4 $218.4 $2,031.6 $1,268.0 $719.0 $193.5 $199.3 $52.1 $13,914.4
Historic Preservation $0.0 $652.0 $518.0 $558.7 $416.5 $290.5 $565.0 $231.2 $380.0 $600.4 $187.8 $193.5 $199.3 $52.1 $4,844.9
Administration $1.0 $5.0 $5.0 $5.0 $5.0 $5.0 $5.0 $5.0 $30.0 $30.0 $96.0
Less:Proj done under budget ($100.0) ($91.6) ($25.0) ($216.6)
Total Expenditures $343.5 $1,937.0 $1,806.7 $2,525.3 $2,217.5 $2,047.0 $2,524.5 $741.0 $2,616.6 $2,055.8 $1,094.7 $580.4 $597.8 $156.2 $21,243.9
Ending Balance $700.1 $863.1 $974.2 $538.1 $634.5 $923.3 $865.2 $2,408.6 $3,413.3 $3,181.2 $3,964.9 $5,319.2 $6,714.1 $7,078.5 $7,078.5
Notes
1 Assumes a 35%State Match from Community Preservation Trust Fund for all future years
2 FYI l revenue projection based on current billing level;projected revenue growth rate is 3%thereafter.
3 Expenditures based on current projects approved by CPC Committee
4 Reserves of 10%of total revenue for years in which there are no specific projects by category
Affordable Housing
Project FY 02 FY 03 FY 04 FY 05 FY 06 FY 07 FY 08 FY 09 FY10 FY11 FY12 FY13 FY14 FY15 Total
Reserve for Future Expenditm $79.4 $169.9 $191.8 $206.4 $0.0 $228.6 $239.1 $0.0 $0.0 $182.4 $187.8 $193.5 $199.3 $52.1 $1,930.2
Affordable Housing Master Plan $40.0 $40.0
First Time Homebuyer's Program $225.0 $225.0
Stevens Comer(create 42 affordable units) $1,350.0 $1,350.0
Bingham Way Roof Replacement $150.0 $150.0
Fountain Drive:Replacement of Walkways $25.0 $25.0
Less:Use of Prior Reserves ($51.4) ($1,063.6) ($1,115.0)
Total Expenditures $79.4 $169.9 $191.8 $206.4 $213.6 $228.6 $239.1 $286.4 $175.0 $182.4 $187.8 $193.5 $199.3 $52.1 $2,605.2
Op Space Protection/Recreation
Project FY 02 FY 03 FY O4 FY 05 FY 06 FY 07 FY 08 FY 09 FY10 FY1I FY12 FY13 FY14 FY15 Total
Land Acquisition-Carter Hill $263.1 $372.0 $385.0 $525.2 $0.0 $0.0 $1,545.3
Land Acquisition-Half-Mile $0.0 $733.1 $574.9 $775.0 $682.4 $0.0 $2,765.4
Land Acquisition-Half Mile Hill Summit $500.0 $900.0 $900.0 $519.6 $2,819.6
Land Acquisition-Cullen Property $400.0 $1,138.4 $1,538.4
Drummond Park-Lights and fields $70.0 $70.0
Sharpners Pond Fields-Soccer $25.0 $25.0
Kiosks $17.0 $17.0
Sharpners Pond Fields-Baseball $25.0 $25.0
Grogan Playground $25.0 $25.0
Aplin Field Playground $28.5 $28,5
Reynolds Field Playground $30.0 $30.0
Stevens Pond $186.0
$186,0
Sharpners Pond Rehabilitation $39.0 $39.0
Middle School and Grogans Field Rehab $18.4 $18.4
Open Space Stewardship $70.0 $70.0
Land Acquisition-Windmsh Farm $2,250.0 $650,0 $719.0 $3,619.0
Less:Use of Prior Reserves ($218.4) ($218.4)
Land Acquisition(Cons.Restriction)-Rolling Ridge $600.0
Windmsh Farm Parking Area $18.0
Other Costs/reserve $0.0 $5.0 $20.0 $5.0 $0.0 $218.4 $193.5 $199.3 $52.1 $693.2
TOTAL $263.1 $1,110.1 $1,091.9 $1,855.2 $1,582.4 $1,614.5 $1,715.4 $218.4 $2,031.6 $1,268.0 $719.0 $193.5 $199.3 $52.1 $13,914.4
Historic Preservation
Project FY 02 FY 03 FY 04 FY 05 FY 06 FY 07 FY 08 FY 09 FY10 FYI] FY12 FY13 FY14 FY15 Total
Reserve for Future Expenditut $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $0.0 $109.7 $0.0 $0.0 $187.8 $193.5 $199.3 $52.1 $742.3
Old Burying Ground $0.0 $67.0 $67.0
Town Hall $0.0 $500.0 $500.0
Osgood Hill Gutters $85.0 $85.0
Town Common $205.0 $205.0
Stevens Library Stairs $50.0 $50.0
Stevens Estate(Water Line and sprinklers) $260.0 $260.0
Scolfield Mill Restoration $3.0 $3.0
Stevens Estate(Sprinklers-Phase 2) $319.0 $319.0
Stevens Library Stairs(Phase 2) $46.0 $46.0
North Parish Church(Steeple and Foundation) $141.7 $141.7
Preservation of Town Records $30.0 $30.0
Machine Shop Village(Master Plan) $22.0 $22.0
Machine Shop Village(Phase 1) $250.0 $250.0
Stevens Estate(Gate House) $96.5 $96.5
Stevens Estate(Plant House) $70.0 $70.0
Main Street Fire Station $140.0 $140.0
Stevens Library-Roof and Windows $95.5 $95.5
Machine Shop Village-Grant Application $5.0 $5.0
Preservation of Town records-Phase 2 $50.0 $50.0
Town Common-Drainage Rehab $330.0 $330.0
Preseration of Town Records-Phase 3 $40.0 $40.0
Stevens Estate Restoration-Windows $100.0 $100.0
Stevens Estate Restoration-Interiors $95.0 $95.0
Old Police Court Refurbishment $91.5 $91.5
Stevens Estate Restoration-Windows(Phase 2) $30.0 $30.0
Stevens Estate(Gate House-Phase 2) $207.2 $207.2
Ridgewood Cemtery,Restoration $107.3 $107.3
Machine Shop Village(Phase 2) $95.0 $95.0
Grogan's Field Building Refurbishment $45,2 $45,2
Preservation of Town Records-Phase 4 $15.0 $15.0
Old Police Court Refurbishment-Phase 2 $15.0 $15.0
Hay Scales Building $5.0 $5.0
Town Common-Underground Utilities $450.0
Ridgewood Cemetery Restoration-Phase 2 $70,2
Stevens Library Walkway Restoration $50.0
Main Street Fire Station-Phase 2 $22,5
Hay Scales Building-Phase 2 $7,7
Less:Use of Prior Reserves ($109.7) ($109.7)
TOTAL $0.0 $652.0 $518.0 $558.7 $416.5 $290.5 $565.0 $231.2 $380.0 $600.4 $187.8 $193.5 $199.3 $52.1 $4,244.5
Amortization Schedule - Open Space Properties
FY'02 FY'03 ; FY104 FY46 FIP06 MM FY'08 FY'09 FY'10 4Y'11 FY'12 Total
Carter HIII
Purchase Price $1,480,000 $1,480,000
Less:Self Help (250,000) ($250,000)
Plus:Fees and Other 4,519 $4,519
Beginning Balance $1,234,519 $1,234,519 $878,000 $514,867 $1,234,519
Plus:interest $13,090 $15,442 $21,867 $10,297 $60,696
Less:Repayment $13,090 $371,961 $385,000 $525,164 $1,295,215
Ending Balance $1,234,519 $878,000 $514 867 $0
Interest Rate 2.0%
Half Mile HIII
Purchase Price $2,650,000 $2,650,000
Less:Private Donations (151,200) ($151,200)
Plus:net fees/prepd.Int. 16,118
Beginning Balance $2,514,918 $1,933,000 $1,406,216 $659,340 $2,514,918
Plus:Interest $0 $48,148 $28,124 $23,077 $99,349
Less:Repayment $581,918 $574,932 $775,000) $682,417 ($2,614,267
Ending Balance $1,933,000 $1406,218 $659,340 $0 $D
Interest Rate 2.0% 3.5%
Half Mile Hill Summit
Purchase Price $2,650,000 $2,650,000
Less:Private Donations 0 $0
Less:Self Help 0 $0
Beginning Balance $2,650,000 $2,167,649 $1,343,517 $497,257 $2,650,000
Plus:interest $17,649 $75,868 $53,741 $22,377 $169,634
Less:Repayment $500,000 $900,000 $900,000 $519,634 $2,819,634
Ending Balance $2,167,649 $1,343;517 $497,257 $0 $0
Interest Rate 2.0% 3.5% 4.0% 4.5%
Cullen Property
Purchase Price $1,460,000 $1,460,000
$30,000 $30,000
Less:Private Donations ($20,000) ($20,000)
Less:Self Help $0 $0
Beginning Balance $1,470,000 $1,089,404 $1,470,000
Plus:lnterest $19,404 $49,023 $68,427
Less:Repayment $400,000 $1,138,427 $1538,427
Ending Balance $1;089,404T $0 $0'
Interest Rate 4.0% 4.5%
Wlndrush Farm
Purchase Price $3,500,000 $3,500,000
Plus:Closing Costs and Legal Fees $38,000 $38,000
Less: Private Donations 1 ($1,000,000) ($1,000,000)
Less: Private Foundation Grant ($250,000
($250,000)
Less: State Grant $500,000 $500,000
Beginning Balance $1,788,000 $1,302,300 $691,369 $1,788,000
Plus: Interest $14,300 $39,069 $27,655 $81,024
Less: Repayment $500,000 $650,000 $719,024 $1 869,024
Ending Balance $1;302',300 $691,369 $0 $0
Interest Rate 2.5% 3.0% 4.0%
Grand Total(Ending) $1,234,519 $2,811,000> . $1,921,083 1 $2,826,990 1 $1,343,517 1 $1;586,661'1 $D
North Andover Community.Preservation Committee
Available Funds for Appropriation ($K)
Base Case
Available 2011 Funding
Affordable housing, open space or
historical preservation
Historical A 4y,purpose Grand Total
Affordable Housn Preservation 006 Space
Available from Prior Years
2010 Affordable Housing Reserve 0
2010 Historical Pres.Reserve $0.0 $0.0
2010 Open Space Reserve $0.0 $0.0
Ending Balance from 2010 $3,413.3 $3,413.3
Total $0:0 $0.0 $0:0 $3,413.3 $3,413.3 i`
Available/(Allocated)from 2011
2011 Revenue $1,823.7 $1,823.7 Includes both town contributions
Multi-year Commitments ($650.0) $650.0) and matching funds
Total '$0.0 $0:0 $1173:7 $1,173.fi
Grand Total Available to Spend $0:0 $0.0 >$0:0' $'4 587.0`. $4,587.0
Notes:
1. Available funding for 2011 is the total amount of money that could be
spent on new projects in 2011.
2. This sum is composed of any existing reserves at the end of 2010 plus
the available and uncommitted fund balances at the end of 2010 as well as
the projected 2011 revenues less any required 2011 commitments for prior
years' projects(e.g.Windrush).
3. We do not typically want to spend all of the available funds in a given
year so that we can retain flexibility regarding future needs.
URBELIS&FIELDSTEEL,LLP
155 FEDERAL STREET
BOSTON,MASSACHUSETTS 02110-1727
THOMAS J.URBELIS Telephone 617-338-2200 Andover
e-mail tjuouf-law.com Telecopier 617-338-0122 Telephone 978-475-4552
April 1,2010
i
Mr. Curt Bellavance
Town of North Andover
1600 Osgood Street
North Andover,MA 01845
RE: PROPOSED ZONING AMENDMENT TO SECTION 4.121
(2010 ANNUAL TOWN MEETING)
Dear Curt:
I
You have asked us to review the above-referenced warrant article for a zoning
amendment and advise as to the legal principles that would be applied if there were a challenge
to the amendment as invalid spot zoning. The proposed amendment to Section 4.121 of the
Zoning Bylaw would allow professional offices in an existing structure located on municipally
owned property within the R-2 District containing a minimum of fifty (50) acres. You have
indicated that this amendment would allow business use at the Gatehouse on the Stevens Estate
property.
M.G.L. Chapter 40A, Section 4 prescribes that all zoning bylaws "shall be uniform
within the district for each class or kind of structures or uses permitted." Bylaws and ordinances
have been nullified as "spot zoning" in cases "where a zoning change is designed solely for the
economic benefit of the owner of the property receiving special treatment and is not in
accordance with a well considered plan for the public welfare." Board of Appeals of Hanover v.
Housing Appeals Committee, 363 Mass. 339, 362 (1973).
w:\wp51\work\n-andove\wrresp\be11avance Itr-mevens due
URBELIS&FIELDSTEEL,LLP
April 1,2010
Page 2
Bylaws have been held to be invalid as spot zoning when a single parcel is given
"different treatment from that accorded to similar surrounding land indistinguishable from it in
character, all for the economic benefit of the owner of that lot," Hanover, supra at 361-362
(emphasis in original)(quoting Whittemore v. Building Inspector of Falmouth, 313 Mass. 248, 49
(1943).
As the Court stated in W.R. Grace & Co.-Conn v. City Council of Cambridge, 56 Mass.
App. Ct. 559, 569-570(2002):
"Spot zoning occurs `where one lot or a small area has been singled out for
treatment less onerous than that imposed upon nearby, indistinguishable
properties.' ... However, the legality of a given zoning amendment turns not on
what parcel has been singled out, or even on the effect on the parcel, but rather on
whether the change can fairly be said to be in furtherance of the purposes of the
Zoning Act.
It is unlawful to invoke the zoning power solely to confer an economic benefit (or
impose an economic detriment) upon the owner of a comparatively small area
within a zoning district when the remaining parcels of that district are treated
differently. ... Where a rezoned area is not `sufficiently differentiated' from other
surrounding land to support a change in the established classification, that
rezoning is a violation. .5hapiro v. Cambridge, 340 Mass. 652, 656 (1960) (parcel
rezoned from heavy industry district to light industry district to prevent use as
building wrecking business and junk yard). The setting off of a parcel from
similar adjacent business lots in order to prevent a proposed business use violates
the principle of uniformity. ... National Amusements, Inc. v. Boston, 29 Mass.
App. Ct. 305, 308, 312-313 (1990) (singling out of specific parcel for disparate
treatment in order to protect residential and local business district from unwanted
large scale commercial development). `The vice is the singling out of a particular
parcel for different treatment from that of the surrounding area, producing,
without rational planning objectives, zoning classifications that fail to treat like
properties in a uniform manner.' Id. at 312.
i
Underlying these principles is the requirement that zoning differentiations be
adopted in the service of some defensible public interest, not merely to benefit or
URBELIS&FIELDSTEEL, LLP
April 1,2010
Page 3
harm a particular parcel. ... Once it is established, as it has been here, that the
amendments have a substantive relationship to the promotion of the public
welfare, the amendments are not, by definition, spot zoning, irrespective of the
subjective purposes of the sponsors."
The determination whether a zoning bylaw is invalid spot zoning is based upon analysis
of the facts of each case. The Attorney General's approval of the bylaw would not be the
definitive word on the issue of spot zoning because the Attorney General usually limits a review
to the bylaw on its face and does not take into account factual issues relating to the property. A
party challenging the validity of a bylaw " `must prove by a preponderance of the evidence that
the zoning regulation is arbitrary and unreasonable, or substantially unrelated to the public
health, safety, morals, or general welfare.' " Andrews v. Town of Amherst, 68 Mass. App. Ct.
365, 369 (2007) (quoting Johnson v. Ed ag rtown, 425 Mass. 117, 121 (1997). Some factors
considered by the courts in evaluating whether a bylaw constitutes spot zoning include:
■ Whether the parcel borders on another zoning district
■ The existing use of the lot
■ Whether the lot is distinguishable from its surrounding area
■ The benefit to the individual owner
■ The benefit to the municipality
The foregoing is a description of the general principles relating to spot zoning, as you
have requested. While it is not possible for me to state with certainty whether the proposed
zoning amendment would sustain a challenge to its validity, it is apparent that the amendment
would only apply to one particular parcel in Town, and to the economic benefit of only the
Town, factors which someone could argue are evidence of spot zoning. However, there is a
presumption in favor of the validity of local bylaws, and a number of factors that have been
URBELIS&FIELDSTEEL,LLP
April 1, 2010
Page 4
present in cases where the courts have upheld such bylaws are also present here, including its
unique qualities,and the financial benefit to the municipality.
I could not find a particular case with factual circumstances similar to those present here.
Therefore, since there are several factors on both sides of the equation here I cannot state with a
substantial certainty that the proposed amendment is not spot zoning.
Very truly yours,
Thomas . Urbelis
I
TJU/kmp
cc: Board of Selectmen
Planning Board
Finance Committee
Mark Rees
I
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DRAFT - JAB
Town of North Andover
Annual Town Meeting Warrant
May 11, 2010
COMMONWEALTH OF MASSACHUSETTS ESSEX, SS.
To either of the Constables of the Town of North Andover:
GREETINGS:
In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of
the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town
Charter, you are hereby directed to notify and warn the inhabitants of the Town of North Andover
who are qualified to vote in Town affairs to meet at the North Andover High School, 430 Osgood
Street Tuesday May 11, 2010, at 7:00 PM then and there to act upon the following articles:
Article A. Reports of Special Committees. To see if the Town will vote to hear the reports of
any appointed special committees;
Or to take any other action relative thereto.
Board of Selectmen
Article B. Reports of Receipts and Expenditures. To see if the Town will vote to accept the
reports of receipts and expenditures as presented by the Selectmen in the 2009 Annual Town Report;
Or to take any other action relative thereto.
Board of Selectmen
Article C. Authorization of the Town Manager or Superintendent of Schools Rel4ardin�
Contracts in Excess of Three Years. To see if the Town will vote in accordance with the
provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the Town
Manager or the Superintendent of Schools to solicit and award contracts, except personnel contracts,
for terms exceeding three years, including any renewal, extension or option, provided in each instance
the longer term is determined to be in the best interest of the Town by vote of the Board of Selectmen
or the School Committee, as appropriate;
Or to take any other action relative thereto.
Board of Selectmen
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DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010
Article D. 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
Article E. 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
Article F. Compensation of Elected Officials. MAJORITY VOTE to fix the salary and
compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the
Massachusetts General Laws as follows:
Board of Selectmen/Licensing Commissioners, per person, per annum $5,000
Chairman of Board of Selectmen,per annum, in addition $500
School Committee, per person, per annum $5,000
Chairman, School Committee, per annum, in addition $500
Moderator, For Annual Town Meeting $500
For each Special Town Meeting $250
Or to take any other action relative thereto.
Board of Selectmen
Article G. Amend General Fund Appropriation For Fiscal Year 2010. To see if the Town will
vote to amend the General Fund Appropriation for Fiscal Year 2010 as voted under Article 13 of the
2009 Annual Town Meeting;
Or to take any other action relative thereto.
Board of Selectmen
Article H. Amend Water Enterprise Fund Appropriation for Fiscal Year 2010. To see if the
Town will vote to amend the vote taken on Article 18 Water Enterprise Fund Appropriation - Fiscal
Year 2010 at the 2009 Annual Town Meeting;
Or to take any other action relative thereto.
Board of Selectmen
Article I. Amend Sewer Enterprise Fund Appropriation for Fiscal Year 2010. To see if the
Town will vote to amend the vote taken on Article 19 Water Enterprise Fund Appropriation - Fiscal
Year 2010 at the 2009 Annual Town Meeting;
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Or to take any other action relative thereto.
Board of Selectmen
Article J. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal
Year 2010. To see if the Town will vote to amend the vote taken on Article 20 Stevens Estate at
Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2010 at the 2009 Annual Town Meeting;
Or to take any other action relative thereto.
I
Board of Selectmen i
i
Article K. Prior Years Unpaid Bills. To see if the Town will vote to raise and appropriate,
transfer from available funds or otherwise provide a sum or sums of money for the purpose of paying
unpaid bills of prior years of the Town listed below;
Or to take any other action relative thereto.
Board of Selectmen
Article L. Amend Capital Improvement Plan Appropriations from Prior Years. To see if the
Town will vote to amend prior Capital Improvement Plan Appropriation for prior Fiscal Years as
voted by:
A. Transfer unexpended bond proceeds from the FY2008 Capital Improvement Plan, May 14,
2007 Annual Town Meeting, Article 21, Line 23, "Waverly Road Relief Sewer Main", an amount
not to exceed $495,000 to fund a new project "Sutton Street Sewer Improvements".
B. Transfer unexpended bond proceeds or other funding sources from May 13, 2008 Annual
Town Meeting, Article 22, "Preschool Facility" an amount not to exceed $164,000 to the
"Appropriation of funds for Modular School Buildings Project", May 12, 2009 Annual Town
Meeting, Article 24.
Or to take any other action relative thereto.
Board of Selectmen
Article M. General Fund Appropriation Fiscal Year 2011. To see if the Town will vote to raise
and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the
purpose of funding the General Fund for the Fiscal Year beginning July 1, 2010 and ending June 30,
2011;
Or to take any other action relative thereto.
Board of Selectmen
Article N. Water Enterprise Fund Appropriation-Fiscal Year 2011. To see if the Town will
vote to appropriate from Water Enterprise Fund Revenues, transfer from available funds or otherwise
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DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010
provide a sum or sums of money for the purpose of funding the Water Enterprise Fund for the Fiscal
Year beginning July 1, 2010 and ending June 30, 2011;
Or to take any other action relative thereto.
Board of Selectmen
Article O. Sewer Enterprise Fund Appropriation-Fiscal Year 2011. To see if the Town will vote
to appropriate from Sewer Enterprise Fund Revenues, transfer from available funds or otherwise
provide a sum or sums of money for the purpose of funding the Sewer Enterprise Fund for the Fiscal
Year beginning July 1, 2010 and ending June 30, 2011;
Or to take any other action relative thereto.
Board of Selectmen
Article P. Stevens Estate at OsIzood Hill Enterprise Fund Appropriation -Fiscal Year 2011.
To see if the Town will vote to appropriate from Stevens Estate at Osgood Hill Enterprise Fund
Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose
of funding the Stevens Estate at Osgood Hill Enterprise Fund for the Fiscal Year beginning July 1,
2010 and ending June 30, 2011;
Or to take any other action relative thereto.
Board of Selectmen
i
Article Q. Capital Improvement Plan Appropriation Fiscal Year 2011.
To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow
under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary to
fund the Town Capital Improvement Program for Fiscal Year 2011 as detailed below, provided
that, pursuant to Massachusetts General Laws and Chapter 59-5 C of the General Bylaws of the
Town of North Andover, for any capital project in excess of$500,000 or any other appropriation,
the Town may, by vote of the Town Meeting, have the following condition added to it: "provided
that this appropriation and debt authorization be contingent upon passage of a Proposition 2 1/2
debt exclusion referendum under General Laws Chapter 59, Section 21C(k)":
FY 11 Capital Improvement Plan
Requested
Line# Project Description Division Amount
i
General Fund
1 Roadway Improvements Public Works $380,000
2 Sidewalk Reconstruction Public Works $50,000
3 Senior Center Roof Replacement Public Works $26,000
4 Facilities Master Plan Town Manager $150,000
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5 Police Station Equipment Police $405,000
School Information Technology Network Information
6 Equipment Technology $1,148,000
Information
7 Revenue Billing Software Technology $90,000
8 Middle School Roof Replacement School $310,000
9 Body Armor Replacement Police $40,000
10 Fire Department Radio Equipment Fire $432,000
11 Dump Truck, 2 Ton with Plow Public Works $55,000
12 Fire Sprinkler System at Kittredge School School $450,000
Water Enterprise Fund
Water Enterprise
13 Meter Replacement Fund $450,000
Or to take any other action relative thereto.
Board of Selectmen
Article R. Establishment of Revolving Funds. To see if the town will vote to authorize the
following revolving funds for certain Town departments under Massachusetts General Laws, Chapter
44, Section 53E '/2 for the Fiscal Year beginning July 1, 2010;
Or to take any other action relative thereto.
Board of Selectmen
Article S. 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 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.
Community Preservation Committee
Article T. Continuation of Massachusetts General Laws Chapter 59 Section 5K— Senior Work
Program — Funding of $18,000. To see if the Town will vote to continue the provisions of
Massachusetts General Law, Chapter 59 Section 5K which establishes a program to allow persons
over the age of 60 to volunteer 100 hours per year to provide services to the Town to reduce their real
estate property tax provided, however, that any rules and regulations promulgated by the Board of
Selectmen to implement this program establish an amount to be allocated under this program in the
amount of$18,000; (DO WE NEED TO STATE WHERE IT COMES FROM??
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Or to take any other action relative thereto.
Council on Aging
i
Article U -1. Amend Zoning Bylaw-Section 2.63.1 — Sign, Area of. To see if the Town will
vote to add a new definition in the Zoning Bylaw as follows:
i
i
2.63.1 Sign,Area of
(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. j
i
(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;
Or to take any other action relative thereto.
Article U-2. Amend Zoning Bylaw Section 5.1.1-Earth Removal. To see if the Town will
vote to amend Section 5.1.1 of the Zoning Bylaw by deleting the stricken words and adding the
underlined words as follows:
'I
5.1 General
1. Excavation, removal, stripping, or mining of any earth material
Pew on any parcel of land, public or private, in North Andover, is prohibited, except as
allowed by Section 5.4 Permits for Earth Removal; Section 5.5 Earth Removal Incidental to
Development Construction or Improvements: and Section 5.6 Miscellaneous Removal of
Earth.
Or to take any other action relative thereto.
Article U -3. Amend Zoning Bylaw-Section 7.3 - Setbacks. To see if the Town will vote to
amend Section 7.3 of the Zoning Bylaw by adding the underlined words in the first paragraph and
adding Sections 7.31, 7.32 and 7.33 as follows:
7.3 Yards (Setbacks)
Minimum front, side and rear setbacks shall be as set forth in Table 2, except for eaves and
uncovered steps, and projections as noted in sections 7.31, 7.32 and 7.33. Buildings on corner
lots shall have the required front setback from both streets, except in Residence 4 (R4) District,
where the setback from the side street shall be twenty (20) feet minimum.
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§7.31 —Projections into Front Yards
Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a
required side yard not more than one-third of its width and not more than four feet in any case.
Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may
project not more than one foot, and cornices and gutters not more than two feet, over a
required front yard.
i
§7.32—Projections into Side Yards
Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a
required side yard not more than one-third of its width and not more than four feet in any case.
Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may
project not more than one foot, and cornices and gutters not more than two feet, over a
required side yard.
§7.33 —Projections into Rear Yards
Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a
required side yard not more than one-third of its width and not more than four feet in any case.
Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may
project not more than one foot, and cornices and gutters not more than two feet, over a
required rear yard.
i
I
Or to take any other action relative thereto.
Article U-4. Amend ZoninLy Bylaw-Section 9.3- Pre-Existing Non-conforming Single Family
Residential Structures and Uses in the Residential 1, Residential 2, Residential 3, Residential 4
and Residential 6 Districts. To see if the Town will vote to amend Section 9.3.a of the Zoning
Bylaw by adding "and two family" as follows:
9.3 Pre-Existing Non-conforming Single Family Residential Structures and Uses
in the Residential 1, Residential 2, Residential 3, Residential 4 and Residential 6 Districts:
a. Pre-existing Non-conforming Single Family Structures: Pre-existing non-conforming
single family and two family residential structures in the R1, R2, R3, R4 and R6 Districts,
may be changed, extended or altered, provided that there is a finding by the Zoning
Enforcement Officer (Building Commissioner) that such change, extension, or alteration shall
not render the structure more nonconforming than the existing structure.
Or to take any other action relative thereto.
Article V. Amend North Andover Zoning Bylaw — Section 4.121 Residence 1, 2 and 3. To see
if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.121 in order to
allow professional offices in an existing structure on municipally owned property within the R-2
District containing a minimum of 50 acres.
Amend Section 4.121 by adding the underlined language to read as follows:
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4.121 Residence 1 District
Residence 2 District
Residence 3 District
21. Professional offices in an existing structure located on municipally owned property within the
R-2 District containing a minimum of fifty 50 acres.
Or to take any other action relative thereto.
Board of Selectmen
Article W. Amend General Bylaws Chanter 127-Add New Section, Section 2, Dealers of
Secondhand Precious Metals Or Gems. To see if the Town will vote to amend Chapter 127 Junk
Dealers of the General Bylaws of the Town of North Andover to read Junk Dealers/Dealers of
Secondhand Precious Metals or Gems as follows: j
127-2 Purchases:
a. All purchases by persons licensed under this provision shall be recorded in a bound book in
which shall be plainly written at the time of purchase, name address, age, date, time and
description of items purchased and signature of persons selling items. Positive photo
identification from everyone selling any item must be shown. There shall be no purchase
from a minor. All purchases of precious metals shall be made on licensed premises only. A
report shall be filed with the Chief of Police on the forms provided by him of all purchases
made that day.
b. There shall be a fifteen-day holding period within the town or a place designated by the Chief
of Police, for all items purchased. All items purchased shall be made available for inspection
by the Police Department, T own Manager or his designee. No item shall be altered during
the fifteen-day holding period. If purchasing from other dealers, the licensee shall maintain
the same records and same book for the same period as previously stated. (State law reference
M.G.L.Ch266,§142)
Or to take any other action relative thereto.
Article X. Amend Chapter 129 of the General Bylaws — Add New Section-Section 2-
Fortunetellers. To see if the Town will vote to amend the Chapter 129 General Bylaws of the
Town of North Andover by adding a new section, Section 2, Fortuneteller to read as follows:
129-2 Fortunetellers
129-2-1 Definition
Any person going under the title of fortuneteller, reader, adviser or seer, medium,
healer or spiritualist, palm reader, card reader or physic shall be deemed a fortuneteller, for the
purpose of this bylaw
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129-2-2 License Required—Qualifications of Applicant
It shall be unlawful for any person to engage in the business of fortuneteller without
first obtaining a license for the Licensing Commission. Application for licenses shall be made
on forms to be provided by the license commission and shall include the applicant's complete
identification, signature and proposed method of operation. A statement shall be submitted
with any application from the Criminal History
Town Clerk
Or to take any other action relative thereto.
Article Y. Amend Zoning Bylaw Section 8.9 Wireless Service Facilities. To see if the Town
will vote to amend Section 8.9 of the Zoning Bylaw for the Town of North Andover by deleting
Section 8.9 in its entirety and replacing it with the following which includes a Wireless
Telecommunications Overlay District:
Section 8.9 Wireless Service Facilities
1) Purpose
a) It is the express purpose of this Bylaw to minimize the visual and environmental
impacts as well as any potential deleterious impact on property value, of wireless
service facilities upon properties located within the Town. The Planning Board shall
be the Special Permit Granting Authority for the issuance of a special permit to allow
the placement, construction and modification of wireless service facilities within the
town. This bylaw is intended to be used in conjunction with other regulations adopted
by the Town, and other zoning and general bylaws designed to encourage appropriate
land use, environmental protection, preservation of the rural character and the
provision of adequate infrastructure development in North Andover.
b) The regulation of wireless service facilities is consistent with the purpose of the North
Andover Zoning Bylaw and planning efforts at the local government level to further
the conservation and preservation of developed, natural and undeveloped areas,
wildlife, flora and habitats for endangered species; protection of the natural resources
of North Andover, enhancement of open space areas and respect for North Andover's
rural character.
c) This Bylaw is intended to be consistent with the Telecommunications Act of 1996 in
that:
1. it does not prohibit or have the effect of prohibiting the provision of Wireless
Services;
2. it is not intended to be used to unreasonably discriminate among providers of
functionally equivalent Wireless Services;
3. it does not regulate Wireless Services on the basis of the environmental effects of
radio frequency emissions beyond requiring compliance with the Federal
Communication Commission's regulations concerning such emissions.
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d) If the application of any of the provisions of this Bylaw results in a violation of the
Federal Telecommunications Act of 1996, then the Federal Act shall supersede that
particular provision of this Bylaw.
2) Definitions for Purposes of this Section 8.9:
a) Above Ground Level (AGL). A measurement of height from the natural grade of a
site to the highest point of the structure.
b) Above Mean Sea Level (AMSL). A uniform point from which height above sea level
(or zero elevation) can be measured.
c) Antenna. The surface from which wireless radio signals are sent and received by a
wireless service facility.
d) Camouflaged. A wireless service facility that is disguised, hidden, part of an existing
or proposed structure or placed within a preexistent or proposed structure is considered
to be "camouflaged."
e) Carrier. A company that provides wireless services.
f) Co-location. The use of a single mount or monopole wireless service facility
(monopole) by more than one carrier (vertical co-location) and/or the locating of more
than one carrier's wireless service facility in or on a preexistent building or structure.
g) Cross-polarized (or dual-polarized) antenna. A low mount that has three panels
flush mounted or attached very close to the shaft.
h) Distributed Antenna System (DAS). A multiple antenna system including antennas
and control boxes typically installed on utility poles interconnected via cable or fibers
belonging to the access point/base station dispersed across a coverage area. The
system shall be capable of co-locating multiple Wireless Service providers
simultaneously.
i) Elevation. The measurement of height above mean sea level.
j) Environmental Assessment (EA). An EA is the document required by the Federal
Communications Commission (FCC) and the National Environmental Policy Act
(NEPA) when a wireless service facility is placed in certain designated areas.
k) Equipment Shelter. An enclosed, structure, cabinet, shed or box at the base of the
mount within which are housed batteries and electrical equipment.
1) Functionally Equivalent Services. Cellular, Personal Communication Services (PCS),
Enhanced Specialized Mobile Radio, Specialized Mobile Radio and Paging.
m) GPS. Ground Positioning System by satellite location of antennas.
n) Guyed Tower. A lattice tower that is tied to the ground or other surface by diagonal
cables.
o) Lattice Tower. A type of mount made with cross bracing of structural steel. It may be
either self supporting or guyed.
p) Licensed Carrier. A Company authorized by the FCC to construct and operate a
commercial mobile radio service system.
q) Monopole. The type of mount that is self-supporting with a single shaft of wood steel
or concrete or other material and a platform (or racks) for panel antennas arrayed at the
top.
r) Mount. The structure or surface upon or in which antennas are mounted, including but
not limited to the following four types of mounts and each mount shall be low profile
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mounted:
(1) Roof Mounted: Mounted on the roof of a building.
(2) Side-mounted: Mounted on the side of a building
(3) Ground-mounted: Mounted on the ground.
(4) Structure-mounted: Mounted in or on a pre-existent building or structure.
s) Omnidirectional (whip) antenna. A thin rod that beams and receives a signal in all
directions.
t) Panel Antenna. A flat surface antenna usually developed in multiples.
u) Preexisting Structure: A preexisting wireless service facility or a preexisting
building or structure. As used in Section 8.9 of this bylaw the term "structure" shall
include buildings. I
v) Radiofrequency (RF) Engineer. An engineer specializing in electric or microwave
engineering, especially the study of radio frequencies.
w) Radiofrequency Radiation (RFR). The emissions from wireless service facilities as
defined in the FCC Guidelines for Evaluating the 65 Environmental Effects of
Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines
and regulations.
x) Security Barrier. A locked impenetrable wall, fence or berm that completely seals an j
area from unauthorized entry or trespass.
y) Separation. The distances between one array of antennas and another array.
z) Stealth Antenna. An antenna, dish or other facility--not including ground based
support facilities—which is fully concealed inside a pre-existing structure such that no
part of the stealth antenna is visible from street level. This definition shall only apply
to antennae, monopoles and antenna-like devices and not to any equipment necessary
for the operation of the antennae-like devices, which equipment may be located
outside the pre-existing structure.
aa)Utility. A system of wires or conductors and supporting structures that functions in the
transmission of electrical energy or communication services (both audio and video)
between generating stations, sub-stations, and transmission lines or other utility
services.
bb)Wireless Service Facility. Facilities used for the principle purpose of commercial or
public wireless communications uses, such as cellular telephone services, enhanced
specialized mobile radio services, microwave communications, wireless
communications services,paging services and the like, as defined in Section 704 of the
Federal Telecommunications Act of 1996, as amended. Such facilities shall include
towers, monopoles, antennae, antennae support structures, panels, dishes and
accessory structures.
cc) Wireless Services. The three types of services regulated by this Bylaw: commercial
mobile radio services, unlicensed wireless services, and common carrier wireless
exchange access services as defined in the Telecommunications Act of 1996, as
amended.
3) General Regulations
a) Use Regulations: A wireless service facility shall require a building permit in all cases
and may be permitted as follows:
i) The carrier must demonstrate that the facility is necessary in order to provide
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adequate service to the public.
ii) A wireless service facility may locate on any existing guyed tower, lattice tower,
monopole or electric utility transmission tower for which a special permit issued
under this Section 8.9 is in effect, provided that the new facility shall obtain a
special permit from the Planning Board and, provided further that any new facility
shall not exceed the terms and conditions of the special permit in effect for the
existing facility on which it is to be located.
iii) No wireless service facility shall be located in the Town except upon issuance of a
special permit. Small scale wireless facilities which satisfy the conditions in order
for the Federal Communications Commission's Over-the-Air Reception Devices
("OTARD") rules to apply and which are consistent with the OTARD rules are
exempt from this bylaw..
iv) As required by the federal Telecommunications Act of 1996, there may be no
regulation of a wireless service facility on the basis of the environmental effects
of radio frequency emissions, other than as required by the Federal
Communications Commission.
v) The installation, construction, or other placement of new lattice towers or guyed
towers (as distinguished from those existing at the time of the inception of this
Bylaw) shall not be permitted.
b) Location:
i) The Wireless Telecommunications Overlay District (WTOD) is intended to
protect the resources of the Town, while allowing adequate Wireless
Telecommunications to be developed. The WTOD is an overlay district
mapped over other districts. It modifies and where there is inconsistency,
supersedes the regulations of such other districts. Except as so modified or
superseded, the regulations of the underlying districts remain in effect. Any use
of lands within the WTOD for purposes of placement, construction, modification
or removal of Wireless Service Facilities shall be subject to the requirements of
Section 8.9 of this Bylaw. The District includes the properties listed below.
These properties are included by reason of their potential to provide technically
feasible and accessible locations for the siting of facilities which can provide
adequate wireless telecommunications services to the Town. Properties not
currently in the WTOD can only be added to the WTOD by vote of Town
Meeting.
ii) Upon issuance of a Special Permit by the Planning Board, a Wireless Service
Facility (including DAS and those with a monopole) may only be installed in the
following districts and properties except as also provided in subsection (iii):
1. All parcels within the following zoning districts as of March 1, 2010: Business
2 and 3; Corridor Development Districts 1, 2 and 3; Industrial 1 and 2.
2. The following parcels on the Town Assessor's Map as of March 1, 2010:
Map 108A, Parcel 3 (Commonwealth of Massachusetts)
Map 90B, Parcel 11 (Commonwealth of Massachusetts)
Map 106C, Parcel 17 (Commonwealth of Massachusetts)
Map 106C, Parcel 16 (Commonwealth of Massachusetts)
Map 106C, Parcel 7 (Commonwealth of Massachusetts)
Map 106C, Parcel 43 (Commonwealth of Massachusetts)
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Map 106D, Parcel 5 (Commonwealth of Massachusetts)
Map 106B, Parcel 215 (Commonwealth of Massachusetts)
Map 106B, Parcel 214 (Commonwealth of Massachusetts)
Map 106C, Parcel 30 (Commonwealth of Massachusetts)
Map 106C, Parcel 32 (Commonwealth of Massachusetts)
Map 1061), Parcel 4 (Commonwealth of Massachusetts)
Map 1061), Parcel 14 (Commonwealth of Massachusetts)
Map 1061), Parcel 13 (Commonwealth of Massachusetts)
Map 106C, Parcel 3 (Commonwealth of Massachusetts)
Map 106C, Parcel 8 (Commonwealth of Massachusetts)
Map 106C, Parcel 9(Commonwealth of Massachusetts)
Map 1061), Parcel 10 (Commonwealth of Massachusetts)
Map 106B, Parcel 217 (Commonwealth of Massachusetts)
Map 106B, Parcel 24 (Commonwealth of Massachusetts)
Map 104A, Parcel 21(Commonwealth of Massachusetts)
Map 108C, Parcel 43 (Commonwealth of Massachusetts)
Map 109, Parcel 33 (Commonwealth of Massachusetts)
Map 106C, Parcel 11 (Commonwealth of Massachusetts)
Map 106C, Parcel 12(Commonwealth of Massachusetts)
Map 108C, Parcel 40 (Commonwealth of Massachusetts)
Map 108C, Parcel 45(Commonwealth of Massachusetts)
Map 108C, Parcel 41 (Commonwealth of Massachusetts)
Map 107B, Parcel 26 (Commonwealth of Massachusetts)
Map 107B, Parcel 24 (Commonwealth of Massachusetts)
Map 1061), Parcel 16(Commonwealth of Massachusetts)
Map 106B, Parcel 216 (Commonwealth of Massachusetts)
Map 106B, Parcel 217 (Commonwealth of Massachusetts)
Map 34, Parcel 21 (Commonwealth of Massachusetts)
Map 108C, Parcel 42 (Commonwealth of Massachusetts)
Map 104D, Parcel 47 (Manzi)
Map 1041), Parcel 14 (Manzi)
Map 61, Parcel 20(Water Tower)
Map 27, Parcel 16 (Petco/Walgreens)
Map 25, Parcel l(Blockbuster)
Map 24, Parcel 16 (Eaglewood)
Map 25, Parcel 13 (Merrimack College)
Map 105C, Parcel 12 (New England Power)
Map 105C, Parcel 39 (New England Power)
Map 104B, Parcel 28(New England Power)
Map 64, Parcel 20 (Town of North Andover-Town Forest)
Map 35, Parcel 23 (Stevens Estate)
Map 38, Parcel 29 (0 Johnson Street)
Map 107C, Parcel 11 (0 Turnpike Street)
Map 42, Parcel 02 (70 Elm Street)
Map 24, Parcel 33 (401 Andover Street)
Map 98C, Parcel 02 (0 Chestnut Street)
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Map 45B, Parcel 18 (586 Massachusetts Avenue)
Map 24, Parcel 28 (451 Andover Street)
iii) In all zoning districts, a stealth antenna which is completely concealed within a
preexisting structure which has no residences contained within it, may be
installed, with necessary equipment located inside or outside the preexisting
structure, upon issuance of a special permit by the Planning Board, if the
applicant proves (1)there is a substantial gap in coverage, and (2)there is
compliance with Federal Communications Commission regulations concerning
radiofrequency emissions and (3)there is no alternative available site. The
Planning Board may hire, at the applicant's expense, an independent engineer or
other expert to review and report upon the application and related documents.
iv) Subject to the exemption in subsection 8.9.12 for municipal emergency wireless
facilities, prior Town Meeting authorization is required before the Board of
Selectmen or School Committee enters into an agreement or lease for a wireless
service facility on Town property.
c) Dimensional Requirements: Wireless service facilities shall comply with the following
requirements:
i) Height, The maximum allowed height of a wireless service facility shall not
exceed 100 feet unless the applicant demonstrates that a greater height is required
to allow for provision of the wireless communications services and the Planning
Board finds that a height over 100 feet is desirable based on a balanced review of
aesthetics, safety and wireless coverage for the area. Wireless service facilities
may locate on a building that is legally nonconforming with respect to height,
provided that the facilities do not project above the existing building height.
ii) Height, Stealth Antennae. Any stealth antenna that is located inside a pre-
existing structure such that it is not visible from street level is exempt from the
general height requirement in 3 (c) (i) above and the setback requirements in
3(c)(v)(1) and must conform to the setback requirement in 3 (c) (v) (2).
iii) Height, Side-and Roof-Mounted Facilities Side-and roof-mounted wireless
service facilities shall not project more than ten (10) feet above the height of an
existing building or structure nor project more than ten (10) feet above the height
limit of the zoning district within which the facility is located. Wireless service
facilities may locate on a building that is legally nonconforming with the respect
to height, provided that the facilities do not project above the existing building
height.
iv) Height, Preexisting Structures (Utility) New antennas located on any of the
following structures existing on the effective date of this bylaw shall be exempt
from the height restrictions of this bylaw provided that there is no increase in
height of the existing structure as a result of the installation of a wireless service
facility: Water towers, guyed towers, lattice towers, fire towers and monopoles.
v) Setbacks All wireless service facilities and their equipment shelters shall comply
with the building setback provisions of the zoning district in which the facility is
located. In addition, the following setbacks shall be observed.
(1) In order to ensure public safety, the minimum distance from the base of any
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ground-mounted wireless service facility (except a stealth antenna) to any
property line, shall be 2x the height of the facility, including any antennas or
other appurtenances. This set back is considered the "fall zone".
(2) In the event that a preexisting structure is proposed as a mount for a wireless
service facility, the setback provisions of the zoning district shall apply. In
the case of the preexisting non-conforming structures, wireless service
facilities and their equipment shelters shall not increase any non-conformity
4) Design Standards
a) Visibility/Camouflage Wireless service facilities shall be camouflaged as follows i)
Camouflage by Existing Buildings or Structures
(1) When a wireless service facility extends above the roof height of a building
on which it is mounted, every effort shall be made to conceal the facility
within or behind preexisting architectural features to limit its visibility from
public ways. Facilities mounted on a roof shall be stepped back from the
front facade in order to limit their impact on the building's silhouette.
(2) Wireless service facilities which are side-mounted shall blend with the
preexisting building's architecture and, if over 5 square feet, shall be
shielded with material which is consistent with the design .features and
materials of the building.
ii) Camouflage by Vegetation. If wireless service facilities are not camouflaged
from public viewing areas by existing buildings or structures, they shall be
surrounded by buffers of dense tree growth and vegetation in all directions to
create an effective year-round visual buffer. Ground-mounted wireless service
facilities in excess of 50 feet shall provide year-round vertical evergreen
vegetated buffer of 50 feet, or 75% of the overall height of the structure
whichever is greater, in all directions. Trees and vegetation may be existing on the
subject property or installed as part of the proposed facility or a combination of
both. Vegetation should be natural in appearance and consistent with
surroundings.
iii) Color
(1) Wireless service facilities, which are side-mounted on buildings, shall be
painted or constructed of materials to match the color of the building material
directly behind them.
(2) To the extent that any wireless service facilities extend above the height of
the vegetation immediately surrounding it, they must be painted in a light
gray or light blue hue which blends with sky and clouds
iv) Equipment Shelters. Equipment shelters for wireless service facilities shall be
designed consistent with one of the following design standards:
(1) Equipment shelters must be located in underground vaults; or
(2) designed consistent with traditional materials, color and design of the area, or
(3) camouflaged behind an effective year-round landscape buffer, equal to the
height of the proposed building, and /or wooden fence acceptable to the
permitting authority
b) Lighting and signage
i) Wireless service facilities shall be lit only if required by the Federal Aviation
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Administration (FAA). Lighting of equipment structures and any other facilities
on site shall be shielded from abutting properties. There shall be total cutoff of all
light at the property lines of the parcel to be developed, and foot-candle
measurements at the property line shall be 0.0 initial foot-candles when measured
at grade.
ii) Signs shall be limited to those needed to identify the property and the owner and
warn of any danger. No tower or other facility shall contain any signs or other
devices for the purpose of advertisement. All signs shall comply with the
requirements of Signs and Outdoor Lighting Regulations of this bylaw.
iii) All ground mounted wireless, service facilities shall be surrounded by a security
barrier and shall be protected against unauthorized climbing or other access by the
public.
c) Historic Buildings
i) Any wireless service facilities located on or within a historic structure shall not
alter the character-defining features, distinctive construction methods, or original
historic materials of the building.
ii) Any alteration made to a historic structure to accommodate a wireless service
facility shall be fully reversible.
iii) Wireless service facilities within an historic district shall be concealed within or
behind existing architectural features, or shall be located so that they are not
visible from public roads and viewing areas within the district.
iv) The Historic District Commission must review all applications for wireless
service facilities to be located within a local historic district.
d) Environmental Standards
i) Applicants must comply with all Conservation Commission regulations and
procedures.
ii) Applicant must comply with all federal, state and local regulations governing
hazardous materials.
iii) Storm water run-off as a result of the wireless facility shall be contained on-site
and comply with the DEP Storm Water Management regulations as applicable.
iv) Ground-mounted equipment for wireless service facilities shall not generate
acoustic noise in excess of 50 dB at the security barrier.
v) Roof-mounted or side-mounted equipment for wireless service facilities shall not
generate noise in excess of 50 dB at ground level at the base of the building
closest to the antenna.
e) Safety Standards
i) Radiofrequency Radiation (RFR) Standards. All equipment proposed for a
wireless service facility shall be authorized per the FCC Guidelines for
Evaluating the Environmental Effects of Radiofrequency Radiation (FCC
Guidelines) or any other applicable FCC guidelines and regulations.
ii) Structural Integrity. As part of the application for special permit for a monopole
or stealth antenna the applicant shall provide certification by a structural engineer
that the wireless service facility is structurally sound for the proposed facility.
5) Application Procedures
a) Special Permit Granting Authority (SPGA). The Special Permit Granting Authority
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(SPGA) for wireless service facilities shall be the Planning Board.
b) Pre-Application Conference. Prior to the submission of an application for a Special
Permit under this regulation, the applicant is strongly encouraged to meet with either
the SPGA at a public meeting or with the town planner, to discuss the proposed
wireless service facility in general terms and to clarify the filing requirements.
c) Pre-Application Conference Filing Requirements. The purpose of the conference is
to inform the SPGA as to the preliminary nature of the proposed wireless service
facility. As such, no formal filings are required for the pre-application conference.
However, the applicant is encouraged to prepare sufficient preliminary architectural
and/'or engineering drawings to inform the SPGA of the location of the proposed
facility, as well as its scale and overall design.
d) Application Filing Requirements. The following shall be included with an
application for a Special Permit for all wireless service facilities:
i) General Filing Requirements
(1) Name, address and telephone number of applicant and any co-applicants as
well as any agents for the applicant or co-applicants. A 24-hour emergency
telephone contact number shall be included for use during construction as
well as operation of the wireless communication facility.
(2) Co-applicants may include the landowner of the subject property, licensed
carriers and tenants for the wireless service facility
(3) Every application for a wireless service facility Special Permit shall include at
least one licensed carrier and the owner of the land as an applicant or a co-
applicant.
(4) Original signatures are required for the applicant and all co-applicants
applying for the Special Permit. If an agent represents the applicant or co-
applicant, an original signature authorizing the agent to represent the
applicant and/or co-applicant is required. Photo reproductions of signatures
will not be accepted. All other filing requirements in the Zoning Bylaw and
the Rules and Regulations as applicable must be complied with.
(5) The applicant shall submit documentation of the legal right to install and use
the proposed facility at the time of application for a Special Permit under
this bylaw and also at the time of application for a building permit.
ii) Location Filing Requirements:
(1) Identify the subject property by including the name of the nearest road or
roads, street address, and Assessors Map and Parcel number of subject
property
(2) Identify the Zoning District designation for the subject parcel. Submit a copy
of Town zoning map with parcel identified.
(3) A locus map at a scale of 1" = 1500' showing the subject property.
(4) A map showing the other preexisting and approved wireless service facilities
in North Andover and outside North Andover within one mile of its
boundary.
(5) GPS all equivalent systems locating by latitude and longitude wireless
service facilities.
(6) A report by a qualified Radio Frequency Engineer relating to (1) a claimed
substantial gap in coverage and (2) the proposed facility's compliance with
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applicable Federal Communications Commission, Massachusetts Aeronautics
Commission and Federal Aviation Commission requirements, and (3)
coverage maps that include all of the applicant's existing and planned towers,
antennas, micro-cells, and repeaters in the coverage area and abutting
municipalities.
(7) Evidence that there is no alternative site that is available and technically
feasible in North Andover or an abutting municipality. Such evidence shall
include an analysis by a qualified Radio Frequency Engineer of the gaps in
coverage if other sites were to be used. If there is an alternative site which
would provide a location to close the purported substantial gap in coverage,
then the applicant must document all efforts, and results thereof, to evaluate,
and obtain rights to use, the alternative site.
(8) Evidence that the applicant has analyzed the feasibility of using DAS,
"repeaters", micro-cells, or other available technology to provide coverage to
the intended service area.
(9) A description of the capacity of the Facility, including, in the case of a
monopole, the number and types of antennas that it can accommodate and the
basis for calculation of capacity. Description of the proposed equipment
should include data as to noise, certified by an acoustical engineer, and the
beam widths at ground level for the energy outputs from each Antenna sector
and degree of down-tilt of each Antenna.
(10)A listing of the state and/or federal permits, licenses or approvals acquired or
needing to be acquired for the proposed installation.
(11)A description of the terms of any co-location agreements between the
Applicant and any Personal Wireless Service provider.
(12)A copy of the most recently recorded plan and deed for the property on
which the Facility will be placed and specific documentation which shows
that the applicant has the legal authority by way of ownership, purchase and
sale agreement, lease or otherwise, to use the subject property for the
intended purpose.
iii) Siting Filing Requirements: A one-inch-equals-40 feet plan prepared by a
Registered Professional Engineer or Registered Land Surveyor in the
Commonwealth of Massachusetts showing the following:
(1) Property lines for the subject property and property lines of all properties
within 300 feet of the proposed location.
(2) Tree cover on the subject property and all properties directly abutting the
subject property, by dominant species and average height.
(3) Outline of all existing buildings, including purpose (e.g. residential buildings,
garages, Accessory structures, etc.) on subject property and all properties
adjacent to the subject property.
(4) Location of all roads, public and private, on the subject property and on all
adjacent properties within 300 feet including driveways proposed to serve the
wireless service facility.
(5) Proposed location of antenna, mount and equipment shelter(s).
(6) Proposed security barrier, indicating type and extent as well as point of
controlled entry.
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(7) Distances, at grade, from the proposed wireless service facility to each
building on the vicinity plan.
(8) Contours at each 2 feet AMSL for the subject property and adjacent
properties within 300 feet.
(9) All proposed changes to the preexisting property, including grading,
vegetation removal and temporary or permanent roads and driveways.
(10) Representations, dimensioned and to scale, of the proposed mount, antennas,
equipment shelters, cable runs, parking areas and any other construction or
development attendant to the wireless service facility.
(11) Lines representing the sight line showing viewpoint (point from which view
is taken) and visible point (point being viewed) from 'Sight Lines" subsection
below.
(12) Location of all wetlands on the subject property and within 100' of the
proposed facility as approved by the Conservation Commission, only if a
filing with the Conservation Commission is required.
(13)Antennas and related equipment shall be camouflaged, that is, disguised,
shielded, hidden or made to appear as an architectural component of the
structure, provided however, antennas installed on utility poles, signs or flag
poles as part of a DAS shall not be required to be camouflaged.
iv) Sight lines and photographs:
(1) Sight line representation. A sight line representation shall be drawn from any
public road within 300 feet and the closest facade of each residential building
(viewpoint) within 300 feet to the highest point (visible point) of the wireless
service facility. Each sight line shall be depicted in profile, drawn at one-inch
equals 40 feet scale. The profiles shall show all intervening trees and
buildings. In the event there is only one (or more) residential building within j
300 feet there shall be at least two sight lines from the closest habitable
structures or public roads, if any.
(2) Preexisting (before condition) photographs. Each sight line shall be
illustrated by one four-inch by six-inch color photograph of what can
currently be seen from any public road and any residential building within
300 feet.
(3) Proposed (after condition) photographs. Each of the preexisting condition
photographs shall have the proposed wireless service facility superimposed
on it to show what will be seen from public roads and residential buildings if
the proposed wireless service facility is built.
(4) Siting elevations or views at-grade from the north, south, east and west for a
50-foot radius around the proposed wireless service facility plus from all
preexisting public and private roads that serve the subject property.
Elevations shall be at either one-quarter inch equals one foot or one-eight
inch equals one foot scale and show the following:
(a) Antennas, mounts and equipment shelter(s), with total elevation
dimensions and average ground level (AGL) of the highest point. All
future proposed antennas, mounts and equipment shelters if any must
be shown in order to be included in the Special Permit.
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(b) Security barrier. If the security barrier will block views of the wireless
service facility, the barrier drawing shall be cut away to show the view
behind the barrier.
(c) Any and all structures on the subject property.
(d) Preexisting trees and shrubs at current height and proposed trees and
shrubs at proposed height at time of installation, with approximate
elevations dimensioned.
(e) Grade changes, or cuts and fills, to be shown as original grade and new
grade line, with two-foot contours ANISL.
v) Design Filing Requirements for Co-Location:
(1) Equipment brochures for the proposed wireless service facility such as
manufacturer's specifications or trade journal reprints shall be provided for
the antennas, mounts, equipment shelters, cables as well as cable runs, and
security barrier, if any.
(2) Materials of the proposed wireless service facility specified by generic type
and specific treatment (e.g. anodized aluminum stained wood, painted
fiberglass, alloys, etc.). These shall be provided for the antennas, mounts,
equipment shelters, cables as well as cable runs, and security barrier, if any.
(3) Colors of the proposed wireless service facility represented by a color board
showing actual colors proposed. Colors shall be provided for the antenna
mounts, equipment shelters, cables as well as cable runs, and security barrier,
if any.
(4) Dimensions of the wireless service facility specified for all three directions:
height, width and breadth. These shall be provided for the antennas, mounts,
equipment shelters and security barrier, if any.
(5) Appearance shown by at least two photographic superimpositions of the
wireless service facility within the subject property. The photographic
superimpositions shall be provided for the antennas, mounts, equipment
shelters, cables as well as cable runs, and security barrier, if any, for the total
height, width and breadth.
vi) Design Filing Requirements for Monopole Facilities:
(1) Equipment brochures for the proposed wireless service facility such as
manufacturer's specifications or trade journal reprints shall be provided for
the antennas, mounts, equipment shelters, cables as well as cable runs, and
security barrier, if any.
(2) Materials of the proposed wireless service facility specified by generic type
and specific treatment (e.g. anodized aluminum stained wood, painted
fiberglass, alloys, etc.). These shall be provided for the antennas, mounts,
equipment shelters, cables as well as cable runs, and security barrier, if any.
(3) Colors of the proposed wireless service facility represented by a color board
showing actual colors proposed. Colors shall be provided for the antenna
mounts, equipment shelters, cables as well as cable runs, and security barrier,
if any.
(4) Dimensions of the wireless service facility specified for all three directions:
height, width and breadth. These shall be provided for the antennas, mounts,
equipment shelters and security barrier, if any.
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(5) Appearance shown by at least two photographic superimpositions of the
wireless service facility within the subject property. The photographic
superimpositions shall be provided for the antennas, mounts, equipment
shelters, cables as well as cable runs, and security barrier, if any, for the total
height, width and breadth.
(6) Landscape plan including preexistent trees and shrubs and those proposed to
be added, identified by size of specimen at installation and species.
(7) During the public hearing process the applicant shall schedule with the j
Planning Board a balloon or crane test at the proposed site, at the expense of
the applicant, to illustrate the height of the proposed facility. Upon notice
that such a test will be required, the Applicant is responsible for making
arrangements with the Board's staff so that notice of the test may be included
in a newspaper of local circulation, which notice shall be paid by the
applicant. Photographs of the actual test from a suitable number of locations
so as to depict the visual impact of the proposed facility on the Town shall be
submitted to the Board at the public hearing.
(8) If lighting on the site is required by the FAA, the applicant shall submit a
manufacturer's computer generated point-to-point printout, indicating the
horizontal foot-candle levels at grade, within the property to be developed
and twenty-five (25) feet beyond property lines. The printout shall indicate
the locations and types of luminaries proposed.
(9) No commercial signage or advertising may be affixed to any monopole or
other wireless service facility.
(10)The applicant shall provide design details for the foundation of a proposed
monopole, the connection of the proposed monopole to the foundation and
the break away points of the proposed monopole.
(11)The Town may retain a technical expert or experts to review, and report
upon, the application. The cost for such technical experts will be paid at the
expense of the applicant.
vii) Structural Integrity Filing Requirements
(1) At the time of application for a special permit for a monopole or stealth
antenna the applicant shall provide certification by a structural engineer that
the wireless service facility is structurally sound for the proposed facility.
(2) Monopoles must at all times be maintained in good and safe condition. The
Personal Wireless Service provider shall arrange for a professional structural
engineer licensed in Massachusetts to inspect and review a monopole and all
accessory buildings upon completion of construction to certify these
structures are in sound condition. A report of the engineer's findings shall be
filed with the Town Building Commissioner at the completion of
construction of the monopole. The SPGA may require such an engineer's
report to be filed after the fifth year of operation of the monopole facility and
every five years thereafter. All costs for the inspection shall be borne by the
carrier. Should the engineer or the Town Building Commissioner deem the
monopole not to be sound, the owner of the monopole shall submit to the
Town, within ten (10) business days, a plan to remedy the structural
defect(s). Upon approval of the plan by the Building Commissioner, the
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DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010
remediation plan shall be completed as soon as is reasonably possible.
viii)Noise Filing Requirements
(1) The applicant shall provide a statement listing the preexisting and maximum
future projected measurements of noise from the proposed wireless service
facilities, measured in decibels Ldn (common logarithmic scale, accounting
for greater sensitivity at night), for the following:
(a) Preexisting or ambient: the measures of preexisting noise
(b) Preexisting plus proposed wireless service facilities: maximum estimate
of noise from the proposed wireless service facility plus the preexistent
noise environment.
(c) Such statement shall be certified and signed by an acoustical engineer,
stating that noise measurements are accurate and meet Department of
Environmental Protection requirements and Section 8.9(4)(d).
ix) Radiofrequency Radiation (RFR) Filing Requirements
(1) All telecommunications facilities shall be operated only at Federal
Communications Commission (FCC) designated frequencies, power levels
and standards, including FCC Radio Frequency Emissions standards. The
applicant shall provide certification demonstrating that the maximum
allowable frequencies and power levels will not be exceeded. Certifications
shall include technical specifications, a written explanation of those
specifications, and, if necessary, field verification.
(2) In order to determine compliance with applicable FCC regulations, the
applicant shall provide a statement listing the preexistent and future projected
measurements of RFR from the proposed wireless service facility, including
all co-locators, for the following situations:
(a) Preexisting or ambient: the measurement of preexistent RFR.
(b) Preexisting plus proposed wireless service facilities: estimate of RFR
from the proposed wireless service facility plus the preexisting RFR
environment.
(c) Certification, signed by a engineer, stating that RFR measurements are
accurate and meet FCC Regulations and Guidelines and the
Radiofrequency Radiation Standards subsection of this Bylaw.
x) Federal Environmental Filing Requirements
(1) At the time of application filing, an Environmental Assessment (EA)that
meets FCC requirements shall be submitted to the Town for each wireless
service facility site that requires such an EA to be submitted to the FCC
(2) The applicant shall list location, type and amount (including radiation trace
elements) of any materials proposed for use within the wireless service
facility that are considered hazardous by the federal, state or local
government.
xi) Waiver. The SPGA may waive one or more of the application filing requirements
of this section if it finds that such information is not needed for a thorough review
of a proposed wireless service facility.
6) Co-location
a) If feasible, wireless service facilities shall be located on or in preexisting_structures,
22
DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010
(whether or not they have existing wireless facilities) including but not limited to
buildings or structures, preexisting telecommunications facilities, utility poles and
towers, and related facilities, provided that such installation preserves the character
and integrity of those structures. In particular, applicants are urged to consider use of
preexisting telephone and electric utility structures as sites for one or more wireless
service facilities. The applicant shall have the burden of proving that there are no
feasible preexisting structures upon which to locate. If the applicant demonstrates to
the satisfaction of the Planning Board that it is not feasible to locate on a preexisting
structure, wireless service facilities shall be camouflaged to the greatest extent
possible, including but not limited to: use of compatible building materials and colors,
screening, landscaping, with natural and/or artificial plantings, and placement within
trees.
b) Licensed carriers shall share wireless service facilities and sites where feasible and
appropriate, thereby reducing the number of wireless service facilities that are stand-
alone facilities. Applicants are encouraged to locate within a preexisting structure
having wireless facilities when feasible and when such a co-location does not interfere
with structural integrity and does not result in a major change to the appearance of the
structure. Applicants for a Special Permit for a wireless service facility shall
demonstrate a good faith effort to co-locate with other carriers. Such good faith effort
includes:
i
i) A survey of all preexisting structures that may be feasible sites for co-locating
wireless service facilities;
ii) Contact, with all other licensed carriers for commercial mobile radio services
operating in the Commonwealth of Massachusetts; and
iii) Sharing information necessary to determine if co-location is feasible under the
design configuration most accommodating to co-location.
c) The Planning Board may retain a technical expert in the field of RF engineering and/or
a structural engineer to verify if co-location at the site is not feasible or is feasible
given the design configuration most accommodating to co-location. The cost for such
a technical expert will be at the expense of the applicant. The Planning Board may
deny a Special Permit to an applicant who has not demonstrated a good faith effort to
provide for co-location,
d) If the applicant does intend to co-locate or to permit co-location, the Planning Board
shall request drawings and studies that show the final appearance and operation of the
drawing service facility at full build-out.
e) If the Planning Board approves a co-location for a wireless service facility site, the
Wireless Facilities Special Permit shall indicate how many facilities and of what type
shall be permitted on that site. Facilities specified in the original Special Permit
approval shall not require another Wireless Facility Special Permit, however, the
addition of any facilities not specified in the original approved Special Permit shall
require a new Special Permit. This allows a carrier to "pre-permit" a site for additional
facilities so that the original carrier will not have to apply for an additional Special
Permit.
f) In order to determine compliance with all applicable FCC Regulations, estimates of
RFR emissions will be required for all facilities, including proposed and future
facilities both for the applicant and all co-locators.
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DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010
7) Modifications
A modification of a wireless service facility may be considered equivalent to an
application for a new wireless service facility (but the Planning Board may waive certain
filing requirements when the Board deems it appropriate to do so) and will require a
Special Permit when the following events apply:
i) The applicant and/or co-applicant want to add any equipment or additional height not
specified in the original design filing.
ii) The applicant and/or co-applicant want to alter the terms of the Special Permit by
changing the wireless service facility in one or more of the following ways:
(1) Change in the number of facilities permitted on the site;
(2) Change in technology used for the wireless service facility.
8) Monitoring and Maintenance
a) After the facility is in operation, the applicant shall submit to the SPGA, within 90
days of beginning operations, preexisting and current RFR measurements. Such
measurements shall be signed and certified by an RF engineer, stating that RFR
measurements are accurate and are in compliance, or why the measurements fail to
comply with,, all applicable FCC Guidelines and Regulations. The measurements shall
be submitted for both the applicant and all co-locators.
b) After the wireless service facility is in operation the applicant shall submit to the
SPGA, within 90 days of the beginning of operation, preexisting and current
measurements of acoustic noise from the wireless service facility. Such measurements
shall be certified and signed by an acoustical engineer, stating that noise measurements
are accurate and meet the Noise Standards sub-section8.9.4.d of this Bylaw.
c) The applicant and co-applicant or their successor in interest shall maintain the wireless
service facility in good condition. Such maintenance shall include, but shall not be
limited to, painting, structural integrity of the mount and security barrier and
maintenance of the buffer and landscaping.
9) Abandonment or Discontinuation of Use
a) At such time that a licensed carrier plans to abandon or discontinue operation of a
wireless service facility, such carrier will notify the Planning Board by certified US
mail of the proposed date of abandonment or discontinuation of operations. Such
notice shall be given no less than 30 days prior to abandonment or discontinuation of
operations. In the event that a licensed carrier fails to give such notice, the wireless
service facility shall be considered abandoned upon discontinuation of operations.
b) Upon abandonment or discontinuation of use, the carrier shall physically remove the
wireless service facility within 90 days from the date of abandonment or
discontinuation of use. "Physically remove" shall include, but not be limited to:
i) Removal of antennas, mount, equipment shelters and security barriers from the
subject property.
ii) Proper disposal of the waste materials from the site in accordance with local and
state solid waste disposal regulations.
iii) Restoring the location of the wireless service facility to its natural condition,
except that any landscaping and grading shall remain the after-condition.
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DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010
c) As a condition of any special permit for the placement, construction or modification of
a wireless service facility, the SPGA may require a carrier to place into escrow a sum
of money to cover the costs of removing the facility from the subject property. Said
amount shall be certified by an engineer, architect or other qualified professional
registered to practice in the Commonwealth of Massachusetts. Said funds shall be held
by an independent escrow agent to be appointed by the carrier and the SPGA. The
carrier shall authorize and, as necessary, shall obtain the authorization of the owner of
the property to allow the escrow agent to enter upon the subject property to remove the
facility when the facility has been abandoned or discontinued. In the event the posted
amount does not cover the cost of demolition and/or removal the Town may place a
lien upon the property covering the difference in cost.
d) A facility shall be deemed to be abandoned or discontinued if it has not been used for
the purpose for which it was originally constructed for a period of six (6) months or
more. Once abandonment or discontinuance has occurred, the carrier shall remove the
facility from the subject property within ninety days. In the event that the carrier fails
to remove the facility, the town shall give notice to the carrier and the independent
escrow agent that the facility shall be, removed by the escrow agent forthwith and the
escrow agent, after affording written notice seven days in advance to the carrier, shall
remove the facility.
10)Reconstruction or Replacement of Existing Towers and Monopoles
Guyed towers, lattice towers, utility towers and monopoles in existence at the time of
adoption of Section 8.9 of this Bylaw may be reconstructed, altered, extended or replaced
on the same site by Special Permit, provided that the SPGA finds that such reconstruction,
alteration, extension or replacement will not be substantially more detrimental to the
neighborhood and/or the Town than the preexistent non-conforming structure. In making
such a determination, the SPGA shall consider whether the proposed reconstruction,
alteration, extension or replacement will create public benefits such as opportunities for
co-location, improvements in public safety, and/or reduction in visual and environmental
impacts.
I
11)Performance Guarantees
a) The SPGA may require insurance in a reasonable amount determined and approved by
the SPGA, after consultation at the expense of the applicant with one (1) or more
insurance companies, to be in force to cover damage from the structure, or damage
from transmissions and other site liabilities and may require annual proof of said
insurance to be filed with the SPGA.
b) Annual certification, if required by the standards of the Federal Communications
Commission, or Federal Aviation Administration or the American National Standards
Institute, shall also be filed with the SPGA by the Special Permit holder.
12)Exempt Facilities: Municipal Emergency Wireless Service Facility
Wireless service facilities necessary to provide and ensure adequate town-wide
coverage for public safety communications to include Police, Fire, Ambulance,
Emergency Medical Services, and Emergency Management shall be exempt from the
provisions of this bylaw. Commercial or private wireless service facilities, unless they
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DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010
are under contract with the Town of North Andover to provide public safety
communication, shall not co-locate on or utilize a municipal emergency wireless
service facility and shall not be exempt under this section. Further, if said municipal
emergency wireless service facility is to be located on private property, the Town must
obtain the permission of the landowner.
13)Public discussion of litigation settlement
At least ten (10) days prior to each public hearing of the Planning Board where a public
discussion is to occur regarding any proposed settlement of litigation commenced by an
applicant under this section, the Planning Board shall send notice at the applicant's
expense of such public discussion by certified mail to all abutters within 300 feet of the
proposed Facility.
I
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Or to take any other action relative thereto
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Or to take any other action relative thereto
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Article Z. Amend North Andover Zoning Bylaw — Section 4.133 Industrial 2 District. To
see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.133 in order
to allow alternative energy uses as-of-right.
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4.133 Industrial 2 District
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11. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly,
packing or treatment of articles or merchandise provided such uses are conducted solely within a
building and further provided that such uses are not offensive, noxious, detrimental, or dangerous
to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or
other adverse environmental effect.
Amend Section 4.133 by adding the underlined language to read as follows:
4.133 Industrial 2 District
11. a. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly,
packing or treatment of articles or merchandise provided such uses are conducted solely within a
building and further provided that such uses are not offensive, noxious, detrimental, or dangerous
to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or
other adverse environmental effect.
b. Renewable or alternative energy research and development facilities, renewable or alternative
energy manufacturing such as wind, solar, biomass, and tidal on any lot with a minimum of
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DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010
twenty-five (25) acres; less than twenty-five (25) acres but a minimum of ten (10) acres by
Special Permit.
Or to take any other action relative thereto.
Board of Selectmen
Article AA. 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
correct flood maps and Building Code reference.
Amend Section 4.137 by adding the underlined language and deleting the [bolded/bracketed]
language to read as follows:
4.137 Floodplain District
2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD EVALUATION AND
FLOODWAY DATA
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The Floodplain District is herein established as an overlay district. The underlying permitted
uses are allowed provided that they meet the Massachusetts State Building Code, 780 CMR
120.G [Section 3107] "Flood Resistant Construction" and any other applicable local, state or
federal requirements. The District includes all special flood hazard areas designated on the
North Andover Flood Insurance Rate Map (FIRM) issued by the Federal Emergency
Management Agency (FEMA) for the administration of the NEIP dated June 2, 1993 as Zone
A, AE, AH, AO, A99, [and the FEMA Flood Boundary & Floodway Map dated June 2,
1993, both maps] which indicate the 100 year regulatory floodplain. The exact boundaries of
the District may be defined by the 100-year base flood evaluations shown on the FIRM and
further defined by the Flood Insurance study booklet dated June 2, 1993. The FIRM [,
Floodway Maps] and Flood Insurance Study booklet are incorporated herein by reference and
are on file with the Town Clerk, Planning Board, Building
and Conservation Commission.
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:
a. Section of the Massachusetts State Building Code which addresses Floodplain and coastal
high hazard areas (currently 780 CMR 120.G [3107.0] "Flood Resistant Construction");
Or to take any other action relative thereto.
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Article BB. Amend Chapter 45 of the General Bylaws- Public Safety, Chiefs of Police and
Fire Departments. To see if the Town will vote to amend Chapter 45 of the General Bylaws as
follows:
Add the following sentence at the end of Section 45=3
Appointment Process: "In the event that a Fire Chief or Police Chief chosen pursuant to this
section shall retire, resign, or otherwise terminate employment as the Chief within three years after
appointment, the Board of Selectmen may use the results of the assessment center selection process
that was used in selecting the Chief in selecting a replacement Chief, provided all candidates who
apply to replace the Chief participated in that assessment center selection process."
Or to take any other action relative thereto.
Board of Selectmen
Article CC. Fire Department Contract Award. DO WE NEED THIS ARTICLE
Or to take any other action relative thereto
Article DD. Acceptance of Massachusetts General Laws- Chapter 3213,Section 20. An Act
ProvidinIZ For The Establishment Of Other Post Employment Benefits Liability Trust Funds In
Municipalities And Certain Other Governmental Units. To see if the Town will vote to accept
the provisions of Massachusetts General Law Chapter 32B, Section 20;
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Or to take any other action relative thereto.
Board of Selectmen
Article EE. Amend Chapter 28 Section 5C of the General Bylaws. To see if the Town will vote
to amend Chapter 28 Section 5C the General Bylaws of the Town of North Andover, Chapter 28,
Section SC is to be amended by removing the text shown as stricken:
CHAPTER 28 -HOUSING TRUST FUND
§ 28-5. Powers of Trustees
C. With the approval of the Board of Selectmen and Town Meetin , to sell, lease,
exchange, transfer or convey any real property at public auction or by private contract
for such consideration and on such terms as to credit or otherwise, and to make such
contracts and enter into such undertakings relative to trust real property as the Trustees
deem advisable notwithstanding the length of any such lease or contract;
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DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010
Or to take any other action relative thereto.
Board of Selectmen
Article FF. Petition the Legislature- Change the Structure of Essex Regional Retirement
Board. To see if the Town will agree to endorse a state legislative petition to make certain reforms
to the Essex Regional Retirement Board, including a bar on the same person serving as chairman of
the board and chief executive officer, and including such other reforms as the legislature deems
necessary to restore sound and prudent management of the board;
Or to take any other action relative thereto
Board of Selectmen
Article GG. Amend General Bylaws Chapter 44-Public Meetings- Section 1- Televising of
Land Use Board Meetings. To see if the Town will vote to amend Chapter 44 — Public Meetings
Section 1 — Televising Land Use Board Meetings to be amended by removing the text shown as
stricken, and adding the text shown as underlined.
§ 44-1 Televising of Lanese Board Meetings
All meetings of the Planning Board, Zoning Board of Appeals, Board of Health, ar &Conservation
Commission, and Finance Committee shall be broadcast live over the local cable television network unless
emergency or operational or technical conditions suspend the requirements hereof, as determined by the Town
Manager or the Manager's designee. All such meetings shall occur in the Town Hall second floor meeting
room. All such meetings shall have posted agendas of discussion items and application names in the Town
Hall and on the Town website or on the cable television network twenty-four hours prior to the meeting time.
If there is a scheduling conflict with the use of the meeting room, the Town Manager or the Manager's
designee, shall have the discretion to determine which Board shall have use of the room. Nothing contained in
this bylaw shall be so construed as to conflict with the requirements of the Open Meeting law, M.G.L. Chapter
39, Section 23B. A violation of this bylaw or a failure to comply with this bylaw shall not be grounds for
challenging or invalidating any actions taken at any meeting of the Planning Board, Zoning Board of Appeals,
Board of Health or Conservation Commission.
Or to take any other action relative thereto.
Board of Selectmen
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Article HH. Amend Zoning Bylaw—Section 3.1 Establishment of Districts. To see if the Town
will vote to add to the Zoning Bylaw, Section 3.1, Establishment of Districts, the following:
"Wireless Telecommunications Overlay District"
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DRAFT 2010 ATM WARRANT—JAB-MARCH 18,2010
Or to take any other action relative thereto.
Board of Selectmen
MUST BE ADDED AFTER WIRELESS ARTICLE
Article II. Petition the General Court — Age Exemption — Christopher M. Dufresne —
Firefighter. To see if the Town will vote to Petition the General Court to enact Legislation so that
Christopher M. Dufresne shall be eligible to have his name certified for original appointment to the
position of firefighter for the Town of North Andover, not withstanding his having reached the age of
32 before taking any civil service examination in connection with that appointment. Christopher M.
Dufresne shall be eligible for appointment to the position of firefighter in the Town of North Andover
if he otherwise qualifies and is selected for employment under Chapter 31 of the General Laws any
regulations of the civil service commission and any lawful hiring practices for the Town of North
Andover;
Or to take any other action relative thereto.
Petition of Christopher M. Dufresne and others
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Article JJ. Amend Section 16.2 of the Town of North Andover Zoning Bylaws. To see if the
Town will vote to amend the Zoning Bylaws by inserting the following language:
"Drive—thru restaurants shall be permitted within the CDD1 zone provided they are located
more than 250 feet from the R6 zoned district."
The purpose of this article is to promote the Town's stated public policy goal of increasing North
Andover's commercial tax base along Route I I4by encouraging the highest and best use of those
properties pursuant to Massachusetts General Law.
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This commercial revenue will benefit the schools, police, fire, and public works departments of the
Town without increasing residential property taxes.
This article also restores a business use to the impacted properties on Route 114 that was previously
approved at town meeting by the citizens of North Andover.
Or to take any other action relative thereto.
Petition of Scott Hajjar and others
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Article KK. Instuctional Motion to the North Andover FINCOM and Board of electmen. To
see if the Town will vote to instruct the North Andover FINCOM and Board of Selectmen to add a
warrant article to every annual town meeting which will enable town meeting to approve or
disapprove the funding of collective bargaining as required and specified under Massachusetts
General Laws Chapter 150E, Section 7 (b);
Or to take any other action relative thereto.
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Petition of Peter Besen and others
Article LL. Change Annual Town Meeting Day. To see if the Town will vote to change Annual
Town Meeting from being held held on a weekday evening(s) schedule to an all day Saturday
schedule.
The purpose of this article is to encourage increased town-wide citizen participation among registered
voters who wish to exercise their civic duty to the town and its future.
A Saturday schedule will allow for better child care options for parents who wish to attend more
flexibility of attendance , provide safer daylight driving conditions for seniors, allow less conflict
with voter work schedules, limit the meeting to only one day (start to finish) and provide new
opportunities for community fundraising, educational events and community celebration to occur
simultaneously;
Or to take any other action relative thereto.
Petition of Steven Tryder and others
Artilce MM. Election of Planning Board Members. To see if the Town will vote to amend
Chapter 6 of the Town Charter, more specifically Section 1 of the General provisions of that chapter,
(6-1-1)so as to include the Planning Board to the list of officers and boards to be elected by vote of
the town.
The Planning Board shall consist of five members and shall be elected at large for three-year
overlapping terms.
The purpose of this article is to allow the Planning Board to be elected by vote of the town , thereby
promoting greater citizen participation and transparency in decision making processes that are
important to the town's future growth and development.
An elected Planning Board is consistent with the majority of towns within the Commonwealth that
have the same town meeting form of government as North Andover where 70% of such communities
elect their planning boards according to Massachusetts Municipal Association.
Electing the Planning Board shall ensure the interests of the town and its citizens are fairly and
objectively represented and in keeping with government by its citizens and for its citizens;
Or to take any other action relative thereto.
Petition of Alan Swahn and others
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DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010
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{Formatted:Left: 1",Right: 1"
Article V. Amend Zoning Bylaw Section 8.9 Wireless Service Facilities. To see if the
Town will vote to amend Section 8.9 of the Zoning Bylaw for the Town of North Andover by
deleting Section 8.9 in its entirety and replacing it with the following which includes a Wireless
Telecommunications Overly District:
Section 8.9 Wireless Service Facilities
�I) Yurpose j Formatted:Font:Bold
tea) It is the express purpose of this Bylaw to minimize the visual and environmental Formatted:Font:Bold
--- J
impacts as well as any potential deleterious impact on property value,of wireless Formatted:Font:Bold
service facilities upon properties located within the Town.The Planning Board i"Formatted:Left,Indent:Hanging: ,
shall be the Special Permit Granting Authority for the issuance of a special permit r',Widow/Orphan control
to allow the placement,construction and modification of wireless service facilities Deleted:
within the own.This bylaw is intended to be used in conjunction with other
l y _._ _ J { Deleted: Intl s,
regulations adopted by the Town, and other zoning and general bylaws designed
to encourage appropriate land use,environmental protection,preservation of the District(N I01))
rural character and the provision of adequate infrastructure development in North I Formatted:Font color:Red
I Deleted:The Zoning Board of Appeals
Andover. is the authority to grant variances for an
b) The regulation of wireless service facilities is consistent with the purpose of the application to allow the placement,
North Andover Zoning Bylaw and planning efforts at the local government level construction and modification of wireless
service facilities that are not in the
to further the conservation and preservation of developed, natural and WTOD.¶
undeveloped areas, wildlife, flora and habitats for endangered species; protection
of the natural resources of North Andover, enhancement of open space areas and
respect for North Andover's rural character.
c) This Bylaw is intended to be consistent with the Telecommunications Act of 1996
in that:
1. it does not prohibit or have the effect of prohibiting the provision of Wireless i
Services;
2. it is not intended to be used to unreasonably discriminate among providers of
functionally equivalent Wireless Services;
3. it does not regulate Wireless Services on the basis of the environmental
effects of radio frequency emissions beyond requiring compliance with the
Federal Communication Commission's regulations concerning such
emissions. _
d) If the application of any of the provisions of this Bylaw results in a violation of 1 Formatted:Indent:Left: 0",Line j
the Federal Telecommunications Act of 1996, then the Federal Act shall spacing: single JI
supersede that particular provision of this Bylaw. In determining whether the
Federal Act supersedes a provision of this Bylaw, such that the Planning Board
may disregard that provision, the Planning Board shall consider whether the
applicant has proved that: (1)there is a substantial :rap in coverat?e, and (2) there
is compliance with Federal Communications Commission relations concerning
radiofrequencv emissions and (3) there is no alternative available site. The
Planning Board may hire, at the applicant's expense, an independent engineer or
other expert to review and report upon the application and related documents.
1
2) Definitions for Purposes of this Section 8.9:
a) Above Ground Level(AGL). A measurement of height from the natural grade of
a site to the highest point of the structure.
b) Above Mean Sea Level (AMSL). A uniform point from which height above sea
level (or zero elevation)can be measured.
c) Antenna. The surface from which wireless radio signals are sent and received by
a wireless service facility.
d) Camouflaged. A wireless service facility that is disguised, hidden, part of an
existing or proposed structure or placed within a preexistent or proposed structure
is considered to be "camouflaged,"
e) Carrier. A company that provides wireless services.
I) Co-location. The use of a single mount or monopole wireless service facility
(monopole) by more than one carrier(vertical co-location) and/or the locating of
more than one carrier's wireless service facility in or on a preexistent building or
structure,
g) Cross-polarized (or dual-polarized)antenna. A low mount that has three panels
flush mounted or attached very close to the shaft, ji Deleted:T l
-- -- ----- ------
ji) Elevation.The measurement of height above mean sea level.
�) Environmental Assessment (EA). An EA is the document required by the Deleted:h) Distributed Antenna j
— — - - — - - --------- - ---
System(DAS).A multiple antenna
Federal Communications Commission (FCC) and the National Environmental system including antennas and control
Policy Act(NEPA)when a wireless service facility is placed in certain designated boxes typically installed on utility poles
interconnected via cable or fibers
areas. belonging to the access point base station
J, Equipment Shelter. An enclosed, structure, cabi- net, shed or box at the base of dispersed across a coverage area.The
- --- - - -- - --- - ------- -- --- -- - system shall be capable of co-locating
the mount within which are housed batteries and electrical equipment. multiple`.wireless service providers
Functionally Equivalent Services. Cellular, Personal Communication Services simultaneously.
(PCS), Enhanced Specialized Mobile Radio, Specialized Mobile Radio and Deleted:i
Paging [Delete-
d:
GPS. Ground Positioning System by satellite location of antennas. Deleted:k
n Guyed Tower. A lattice tower that is tied to the ground or other surface by 1 Deleted:)
diagonal cables.
f Deleted:at
►� Lattice Tower. A type of mount made with cross bracing of structural steel. It
) Deleted:n
may be either self supporting or guyed.
Licensed Carrier. A Company authorized by the FCC to construct and operate a 1,Deleted:u
1 Deleted:P
commercial mobile radio service system.
p)_ Monopole.The type of mount that is self-supporting with a single shaft of wood i Deleted:y _
steel or concrete or other material and a platform (or racks) for panel antennas
arrayed at the top.
q) Mount. The structure or surface upon or in which antennas are mounted 1 Deleted:r !
----- --------------------------- -- ------- ------- --- ---- - —
including but not limited to the following four types of mounts and each mount
shall be low profile mounted:
(1)Roof Mounted: Mounted on the roof of a building.
(2)Side-mounted: Mounted on the side of a building
(3)Ground-mounted: Mounted on the ground.
(4) Structure-mounted: Mounted in or on a pre-existent building or structure.
iJ Omnidirectional (whip) antenna. A thin rod that beams and receives a signal in Deleted:s
2
all directions.
Panel Antenna. A flat surface antenna usually developed in multiples. Deleted:t
Preexisting Structure: A preexisting wireless service facility, j Deleted:u
�r Radiofre uenc Rn Engineer, engineer specializing in electric or ,
..- -, q Y F(_, ) Ei An en g .... .- g h g - - -- � Deleted: or a preexisting building or
microwave engineering, especially the study of radio frequencies. `, structure As used in Section 8.9 ofthis
Radiofrequency Radiation (RFR). The emissions from wireless service bylaw the tenn"structure"shall include
buildings.
facilities as defined in the FCC Guidelines for Evaluating the 65 Environmental j- _
, j Deleted:, �
Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable Deleted:w
FCC guidelines and regulations.
w Security Barrier. A locked impenetrable wall, fence or berm that completely (Deleted:x
-- ---- -----
seals an area from unauthorized entry or trespass.
Separation.The distances between one array of antennas and another array. ! Deleted:y
Stealth Antenna. An antenna, dish or other facility--not including ground based l Deleted:Z
support facilities—which is fully concealed inside a,building such that no part of {Deleted:pre-existing structure
the stealth antenna is visible from street level. This definition shall only apply a 1 to
antennae, monopoles and antenna-like devices and not to any equipment
necessary for the operation of the antennae-like devices, which equipment may be
located outside the pre-existing structure.
Utility. A system of wires or conductors and supporting structures that functions {Deleted:as
in the transmission of electrical energy or communication services (both audio
and video) between generating stations, sub-stations, and transmission lines or
other utility services.
ao Wireless Service Facility. Facilities used for the principle purpose of commercial Deleted:bb
– - -or public wireless communications uses, such as cellular telephone services,
enhanced specialized mobile radio services, microwave communications,wireless
communications services, paging services and the like, as defined in Section 704
of the Federal Telecommunications Act of 1996,as amended. Such facilities shall
include towers, monopoles, antennae, antennae support structures, panels, dishes
and accessory structures.
bb Wireless Services. The three types of services regulated by this Bylaw: j Deleted:cc
commercial mobile radio services, unlicensed wireless services, and common
carrier wireless exchange access services as defined in the Telecommunications
Act of 1996, as amended.
3) General Regulations
a) Use Regulations: A wireless service facility shall require a building permit in all
cases and may be permitted as follows:
i) The carrier must demonstrate that the facility is necessary in order to provide
adequate service to the public.
ii) A wireless service facility may locate on any existing guyed tower, lattice
tower, monopole or electric utility transmission tower for which a special
permit issued under this Section 8.9 is in effect,provided that the new facility
shall obtain a special permit from the Planning Board and, provided further {Deleted:
that any new facility shall not exceed the terms and conditions of the special
Deleted: If the new facility exceeds
permit in effect for the existing facility on which it is to be located, 1 the tenns and conditions of our wireless
-iii) No wireless service facility shall be located in the Town except upon bylaw,the new facility is required to go
before the Zoning Board of Appeals for a
variance.¶
3
issuance of a special permi(, Small scale wireless facilities which satisfy the r Deleted: or variance
conditions in order for the Federal Communications Commission's Over-the-
Air Reception Devices ("OTARD") rules to apply and which are consistent
with the OTARD rules are exempt from this bylaw, (Deleted:.
iv) As required by the federal Telecommunications Act of 1996,there may be no
regulation of a wireless service facility on the basis of the environmental
effects of radio frequency emissions, other than as required by the Federal
Communications Commission.
v) The installation, construction, or other placement of new lattice towers or
guyed towers (as distinguished from those existing at the time of the
inception of this Bylaw)shall not be permitted.
b) Location:
i) The Wireless Telecommunications Overlay District (WTOD) is intended to
protect the resources of the Town, while allowing adequate Wireless
Telecommunications to be developed, The WTOD is an overlay district
mapped over other districts. It modifies and where there is inconsistency,
supersedes the regulations of such other districts. Except as so modified or
superseded, the regulations of the underlying districts remain in effect. Any
use of lands within the WTOD for purposes of placement, construction,
modification or removal of Wireless Service Facilities shall be subject to the
requirements of Section 8.9 of this Bylaw. The District includes the
properties listed below. These properties are included by reason of their
potential to provide technically feasible and accessible locations for the siting
of facilities which can provide adequate wireless telecommunications
services to the Town. Properties not currently in the WTOD can only be
added to the WTOD by vote of Town Meeting.
ii) Upon issuance of a Special Permit by the Planning Board,a Wireless Service
Facility,may only be installed in the following districts and properties except Deleted:(meluding DAs and those
--------------------------------------- -
as also provided in subsection(iy): with a monopole)
1. All parcels within the following zoning districts as of March 1,2010:
{Deleted:ii
Business 2 and 3; Corridor Development Districts 1,2 and 3; Industrial 1
and 2.
2. The following parcels on the Town Assessor's Map as of March 1,2010: - (Formatted:Indent: Left: 1"
Map 108A,Parcel 3 (Commonwealth of Massachusetts)
Map 90B,Parcel 11 (Commonwealth of Massachusetts)
Map 106C,Parcel 17(Commonwealth of Massachusetts)
Map 106C,Parcel 16(Commonwealth of Massachusetts)
Map 106C, Parcel 7(Commonwealth of Massachusetts)
Map 106C, Parcel 43 (Commonwealth of Massachusetts)
Map 106D,Parcel 5(Commonwealth of Massachusetts)
Map 106B,Parcel 215 (Commonwealth of Massachusetts)
Map 106B,Parcel 214(Commonwealth of Massachusetts)
Map 106C,Parcel 30(Commonwealth of Massachusetts)
Map 106C,Parcel 32(Commonwealth of Massachusetts)
Map 106D,Parcel 4(Commonwealth of Massachusetts)
Map 106D,Parcel 14(Commonwealth of Massachusetts)
4
Map 106D, Parcel 13 (Commonwealth of Massachusetts)
Map 106C, Parcel 3 (Commonwealth of Massachusetts)
Map 106C, Parcel 8 (Commonwealth of Massachusetts)
Map 106C, Parcel 9(Commonwealth of Massachusetts)
Map 106D, Parcel 10(Commonwealth of Massachusetts)
Map 106B, Parcel 217(Commonwealth of Massachusetts)
Map 106B, Parcel 24(Commonwealth of Massachusetts)
Map 104A, Parcel 21(Commonwealth of Massachusetts)
Map 108C, Parcel 43 (Commonwealth of Massachusetts)
Map 109,Parcel 33 (Commonwealth of Massachusetts)
Map 106C, Parcel 11 (Commonwealth of Massachusetts)
Map 106C, Parcel 12(Commonwealth of Massachusetts)
Map 108C,Parcel 40(Commonwealth of Massachusetts)
Map 108C, Parcel 45(Commonwealth of Massachusetts)
Map 108C, Parcel 41 (Commonwealth of Massachusetts)
Map 107B, Parcel 26(Commonwealth of Massachusetts)
Map 107B, Parcel 24(Commonwealth of Massachusetts)
Map 106D, Parcel 16(Commonwealth of Massachusetts)
Map 106B, Parcel 216(Commonwealth of Massachusetts)
Map 106B, Parcel 217(Commonwealth of Massachusetts)
Map 34, Parcel 21 (Commonwealth of Massachusetts)
Map 108C, Parcel 42(Commonwealth of Massachusetts)
Map 104D, Parcel 47( Manzi) Deleted: Map 61,Parcel zo(water ,I
Map 104D,Parcel 14(Manzi) Toever)¶
.Map 27,Parcel 16(PetcoAValgreens)¶
Map 25,Parcel 13 (Merrimack College) Map 2s,Parcel l(nlocxbuster)¶
Map 24,Parcel 16(Eaglewood)¶
Map lOSC, Parcel 12(New England Power) i __ i
Map 105C, Parcel 39(New England Power) i Deleted:iii).In all zoning districts,a
- stealth antenna which is completely
Map 104B, Parcel 28(New England Power) concealed within a preexisting structure
Map 64,Parcel 20(Town of North Andover-Town Forest) which has no residences contained
Map 35 Parcel 23 (Stevens Estate) equip ie,maybe installed,with necessary
o egwpment located inside or outside the
Map 38, Parcel 29(0 Johnson Street) preexisting structure,upon issuance of a
Map 107C,Parcel I 1 (0 Turnpike Street) special per nit by the Planning Board,it
the applicant proves(i)there is a
Map 42, Parcel 02(70 Elm Street) substantial gap in coverage,and(2)there
Ma 24,Parcel 33 401 Andover Street is compliance with Federal
p ( ) Communications Commission regulations
Map 98C,Parcel 02(0 Chestnut Street) concerning radiofrequency emissions and
Ma 4$B Parcel 18 586 Massachusetts Avenue (3)mere is no alternative available site.
P e ( ) The Planning Board may hire,at the
Map 24,Parcel 28(451 Andover Street) applicant's expense,an independent
engineer or other expert to review and
. ____..-_-- -........ ......_--.... . -_.-- ._.__. _.. ...-- --._ _-. _ __. I report upon the application and related
j Subject to the exem tion in subsection 8.9.12 for munici al emer enc �. documents.toallowtheplacement,
-- ------------ -- p - --- -- --------------------.- :_--__-.-p___.-__-- �_ y- construction and modification ofwireless
wireless facilities, prior Town Meeting authorization is required before the service faciliucs that are not in me
Board of Selectmen or School Committee enters into an agreement or lease i WTOO.�
for a wireless service facility on Town property Deleted: �j
-iy) A Wireless Service 1 acility may be located on a parcel which is not within � Formatted:Indent:Left: 1",Line
the WTOD. without need for a variance, if the a� lieant )roves to the spacing: single
Ip I '
Planning Board that (1) there is a substantial yap in coverage, and (2 there is Deleted:v �I
compliance_ Nvith Federal Communications Commis ic�il-_regulations i Deleted:. �
Deleted:¶ - _ ,
5
concerning radiofrequency emissions and (3) there is no alternative
available site The Planning Board inay hire. at the applicant's exl)ense, all
independent cncineer or other expert to review and report upon the
application and related documents.
° Formatted:Indent: Left: 0.5'
Deleted.¶
c) Dimensional Requirements: Wireless service facilities shall comply with the
following requirements:
i) Height,The maximum allowed height of a wireless service facility shall not
exceed 100 feet unless the applicant demonstrates that a greater height is
required to allow for provision of the wireless communications services and
the Planning Board finds that a height over 100 feet is desirable based on a
balanced review of aesthetics, safety and wireless coverage for the area.
Wireless service facilities may locate on a building that is legally non-
conforming with respect to height, provided that the facilities do not project
above the existing building height.
ii) Height, Stealth Antennae. Any stealth antenna that is located inside a pre-
existing structure such that it is not visible from street level is exempt from
the general height requirement in 3 (c) (i) above, must conform to the j Deleted:and the setback requirements
. 3(c)(v)(1)
setback requirement In 3 (c)(v), Lin- ----- ---- ------ ---
iii) Height, Side-and Roof-Mounted Facilities Side-and roof-mounted wireless Deleted:(2)
service facilities shall not project more than ten (10) feet above the height of
an existing building or structure nor project more than ten (10) feet above the
height limit of the zoning district within which the facility is located.
Wireless service facilities may locate on a building that is legally
nonconforming with the respect to height, provided that the facilities do not
project above the existing building height.
iv) Height,Preexisting Structures(Utility)New antennas located on any of the
following structures existing on the effective date of this bylaw shall be
exempt from the height restrictions of this bylaw provided that there is no
increase in height of the existing structure as a result of the installation of a
wireless service facility: ,F guyed towers, lattice towers, fire towers and {Deleted:Water towers
monopoles.
_v) Setbacks, ° - I Formatted:Indent: Hanging:
-
0 In any z� oningo district, including the \\ITOD, a minimum setback of 60(7 { Deleted:All wireless service
feet from the nearest residential building shall be required for all
- -ss -
wireless devices, antenna and their mountinsstructures, not currently
installed at the time of the adoption of this bylaw. If the_applicant-can
prove that (1) there is a substantial gap in coverage, and (2) there is
compliance with Federal Communications Commission rCUulations
concerning__radiofrecuenc _.emissions and (3�_there is no alternative
available site within the WTO[> with a 600 fool setback, then the
setback provision shall be reduced to 400 feet. If the applicant can
prove that (1) there is a substantial gap in coverage. and (2) there is
compliance with Federal Communications Commission reUulations
concerning. radiofreCILlency emissions and there is no alternative
6
I
available site within the WTOD with a 400 foot sethack, then the
setback provision shall be reduced to 200 feet Vgtwithstandill , e
fore oiine, in order to ensure public safety, the minimum distance from
the base of anv l;round-mounted wireless service facility (except a
stealth antenna) to any properly line, shall be 2x the heiL7ht of the
facility. including any antennas or other appurtenances. This set back is
considered the"fall zone".
Deleted:11
(2) In the event that a preexlstinQ structure is proposed as a mount for w Formatted:Indent:Hanging: 0.38"l
wireless service facility. the setback provisions of the zoning district
shall apply. hl the case of the preexisting non-conforming- structures.
wireless service facilities and their-equipn Bent shelters shall not increase
ally no)-Coll for nlity {Deleted:�
j Formatted.Font:Bold
Deleted:facilities and their equipment
4) Design Standards shelters shall comply with the building
setback provisions of the zoning district
a) Visibility/Camouflage Wireless service facilities shall be camouflaged as follows in which the facility is located.In
i) Camouflage by Existing Buildings or Structures addition,the following setbacks shall be
(1) When a wireless service facility extends above the roof height of a nbse(ij.T
building n which it is mounted, ever effort shall be made to conceal
g y Deleted:In order to ensure puUlic
the facility within or behind preexisting architectural features to limit safety,the minimum distance from,
its visibility rom public Facilities f shall be base of any ground-mounted wireless
y p c wa y s. es mounted on a roof service facility(except a stealth antenna)
stepped back from the front facade in order to limit their impact on the ! to any prop",line,shall be 2x the �
height of the facility,including any i
buildings silhouette. antennas or other appurtenances.This set
(2) Wireless service facilities which are side-mounted shall blend with the backisconsideredthe"fall zone"..
preexisting building's architecture and, if over 5 square feet, shall be Deleted: (2) .
shielded with material which is consistent with the design .features and Deleted:In the event that a preexisting
materials of the building. structure is proposed as a mount for a
'. wireless service facility,the setback
ii) Camouflage by Vegetation. If wireless service facilities are not
provisions o the zoning district shall
camouflaged from public viewing areas by existing buildings or structures, apply.In the case of the preexisting non- ;
confom,ing structures,wireless service
they shall be surrounded by buffers of dense tree growth and vegetation in all
facilities and mein equipment shelters
directions to create an effective year-round visual buffer. Ground-mounted shall not increase any non-conformity
wireless service facilities in excess of 50 feet shall provide year-round Deleted:(3).within me wTOO mere
vertical evergreen vegetated buffer of 50 feet, or 75%of the overall height of shall s a 600 foot facility t setback from a
wireless service facility to the nearest i
the structure whichever is greater, in all directions. Trees and vegetation may residential building. )
be existing on the subject property or installed as part of the proposed facility
or a combination of both. Vegetation should be natural in appearance and
consistent with surroundings.
iii) Color
(1) Wireless service facilities,which are side-mounted on buildings,shall be
painted or constructed of materials to match the color of the building
material directly behind them.
(2) To the extent that any wireless service facilities extend above the height
of the vegetation immediately surrounding it, they must be painted in a
light gray or light blue hue which blends with sky and clouds
iv) Equipment Shelters_ Equipment shelters for wireless service facilities shall
7
be designed consistent with one of the following design standards:
(1) Equipment shelters must be located in underground vaults;or
(2) designed consistent with traditional materials, color and design of the
area,or
(3) camouflaged behind an effective year-round landscape buffer, equal to
the height of the proposed building, and /or wooden fence acceptable to
the permitting authority
b) Lighting and signage
i) Wireless service facilities shall be lit only if required by the Federal Aviation
Administration (FAA). Lighting of equipment structures and any other
facilities on site shall be shielded from abutting properties. There shall be
total cutoff of all light at the property lines of the parcel to be developed, and
foot-candle measurements at the property line shall be 0.0 initial foot-candles
when measured at grade.
ii) Signs shall be limited to those needed to identify the property and the owner
and warn of any danger. No tower or other facility shall contain any signs or
other devices for the purpose of advertisement. All signs shall comply with
the requirements of Signs and Outdoor Lighting Regulations of this bylaw.
iii) All ground mounted wireless, service facilities shall be surrounded by a
security barrier and shall be protected against unauthorized climbing or other
access by the public.
c) Historic Buildings
i) Any wireless service facilities located on or within a historic structure shall
not alter the character-defining features, distinctive construction methods, or
original historic materials of the building.
ii) Any alteration made to a historic structure to accommodate a wireless service
facility shall be fully reversible.
iii) Wireless service facilities within an historic district shall be concealed within
or behind existing architectural features, or shall be located so that they are
not visible from public roads and viewing areas within the district.
iv) The Historic District Commission must review all applications for wireless
service facilities to be located within a local historic district.
d) Environmental Standards
i) Applicants must comply with all Conservation Commission regulations and
procedures.
ii) Applicant must comply with all federal, state and local regulations governing
hazardous materials.
iii) Storm water run-off as a result of the wireless facility shall be contained on-
site and comply with the DEP Storm Water Management regulations as
applicable.
iv) Ground-mounted equipment for wireless service facilities shall not generate
acoustic noise in excess of 50 dB at the security barrier.
v) Roof-mounted or side-mounted equipment for wireless service facilities shall
not generate noise in excess of 50 dB at ground level at the base of the
building closest to the antenna.
e) Safety Standards
8
i) Radiofrequency Radiation (RFR) Standards. All equipment proposed for
a-wireless service facility shall be authorized per the FCC Guidelines for
Evaluating the Efwiromuental Effects of Radiofrequency Radiation (FCC
Guidelines)or any other applicable FCC guidelines and regulations.
ii) Structural Integrity. As part of the application for special permit for a
monopole or stealth antenna the applicant shall provide certification by a
structural engineer that the wireless service facility is structurally sound for
the proposed facility.
5) Application Procedures
�) Special Permit Granting Authority(SPGA).The Special Permit Granting Deleted: .
Authority(SPCA)for wireless service facilitics shall be the Planning Boards Formatted:Left,Indent:Hanging: I
b) Pre-Application Conference. Prior to the submission of an application for a 1",Widow/Orphan control
Special Permit�mder this regulation, the applicant is strongly encouraged to meet { Deleted: wtminmewTOD )
-- -n(he
with either the SPGA t a ublic meeting with the town tanner to discuss the Deleted: The Zoning Board or
t A p --- - -g, - p—
proposed wireless service facility in general terms and to clarify the filing Appeals s the authority to grant
variances for an application to allow the
requirements. I placement,construction and modification
c) Pre-Application Conference Filing Requirements. The purpose of the of wireless service facilities that are not
p m the NTOD¶
P ro 1
conference is to inform the.SPGA as to the preliminary nature of the proposed Deleted.orvanance
wireless service facility. As such, no formal filings are required for the pre-
application conference. However,the applicant is encouraged to prepare sufficient Deleted:planning Board
preliminary architectural and/'or engineering drawings to inform theiSPGA of the Uele,led:nra,ezon;ngBoaraor
location of the proposed facility, as well as its scale and overall design. pp
Formatted:Font color:Red
d) Application Filing Requirements. The following shall be included with an
application for a Special Permitrfor all wireless service facilities: Formatted:Font color:Red
General Filing Requirements _ PP Y PP (BBo rd ofAppealsngBoaraorzomng
1 Name, address and telephone number of applicant and an co-applicants Formatted.Font color.Red
as well as any agents for the applicant or co-applicants. A 24-how
--
emergency telephone contact number shall be included for use during Deleted:pBorzBA
construction as well as operation of the wireless communication facility. J Formatted:Font color:Red ,
(2) Co-applicants may include the landowner of the subject property, Deleted: orvanance
licensed carriers and tenants for the wireless service facility l Formatted:Font:Not sold
(3) Every application for a wireless service facility Special Permit shall FDeleted:orvariance 1
include at least one licensed carrier and the owner of the land as an
applicant or a co-applicant.
(4) Original signatures are required for the applicant and all co-applicants
applying for the Special Permi v If agent represents the or ( Deleted: orvariance
_J
co-applicant, an original signature authorizing the agent to represent the
applicant and/or co-applicant is required. Photo reproductions of
signatures will not be accepted. All other filing requirements in the
Zoning Bylaw and the Rules and Regulations as applicable must be
complied with.
(5) The applicant shall submit documentation of the legal right to install and
use the proposed facility at the time of application for a Special Permit
under this bylaw and also at the time of application for a building i Deleted:or variance
permit.
9
ii) Location Filing Requirements:
(1) Identify the subject property by including the name of the nearest road
or roads, street address, and Assessors Map and Parcel number of
subject property
(2) Identify the Zoning District designation for the subject parcel. Submit a
copy of Town zoning map with parcel identified.
(3) A locus map at a scale of I"= 1500'showing the subject property.
(4) A map showing the other preexisting and approved wireless service
facilities in North Andover and outside North Andover within one mile
of its boundary.
(5) GPS all equivalent systems locating by latitude and longitude wireless
service facilities.
(6) A report by a qualified Radio Frequency Engineer relating to (1) a
claimed substantial gap in coverage and (2) the proposed facility's
compliance with applicable Federal Communications Commission,
Massachusetts Aeronautics Commission and Federal Aviation
Commission requirements, and (3)coverage maps that include all of the
applicant's existing and planned towers, antennas, micro-cells, and
repeaters in the coverage area and abutting municipalities.
(7) Evidence that there is no alternative site that is available and technically
feasible in North Andover or an abutting municipality. Such evidence
shall include an analysis by a qualified Radio Frequency Engineer of the
gaps in coverage if other sites were to be used. If there is an alternative
site which would provide a location to close the purported substantial
gap in coverage,then the applicant must document all efforts,and results
thereof,to evaluate,and obtain rights to use,the alternative site.
(8) Evidence that the applicant has analyzed, as an alternative,the feasibility
of using,a"repeateQo provide coverage to the intended service_area. {Deleted:DAs,
(9) A description of the capacity of the Facility, including, in the case of a Deleted:s
monopole, the number and types of antennas that it can accommodate Deleted:,
and the basis for calculation of capacity. Description of the proposed (Deleted: micro-cells,orotheravailablc
equipment should include data as to noise, certified by an acoustical technology
engineer, and the beam widths at ground level for the energy outputs
from each Antenna sector and degree of down-tilt of each Antenna.
(10)A listing of the state and/or federal permits, licenses or approvals
acquired or needing to be acquired for the proposed installation.
(11)A description of the terms of any co-location agreements between the
Applicant and any Personal Wireless Service provider.
(12)A copy of the most recently recorded plan and deed for the property on
which the Facility will be placed and specific documentation which
shows that the applicant has the legal authority by way of ownership,
purchase and sale agreement, lease or otherwise, to use the subject
property for the intended purpose.
iii) Siting Filing Requirements: A one-inch-equals-40 feet plan prepared by a
Registered Professional Engineer or Registered Land Surveyor in the
Commonwealth of Massachusetts showing the following:
10
(1) Property lines for the subject property and property lines of all properties
within 600 feet of the proposed location. ! Deleted:300
•_-- ------ --------
(2) Tree cover on the subject property and all properties directly abutting the
subject property, by dominant species and average height.
(3) Outline of all existing buildings, including purpose (e.g. residential
buildings, garages,Accessory structures, etc.)on subject property and all
properties adjacent to the subject property.
(4) Location of all roads, public and private, on the subject property and on
all adjacent properties within 600 feet including driveways proposed to Deleted:300 j
serve the wireless service facility.
(5) Proposed location of antenna,mount and equipment shelter(s),
(6) Proposed security barrier, indicating type and extent as well as point of
controlled entry.
(7) Distances, at grade, from the proposed wireless service facility to each
building on the vicinity plan.
(8) Contours at each 2 feet AMSL for the subject property and adjacent
properties within 600 feet. {Deleted:300
(9) All proposed changes to the preexisting property, including grading,
vegetation removal and temporary or permanent roads and driveways.
(10) Representations, dimensioned and to scale, of the proposed mount,
antennas, equipment shelters, cable runs, parking areas and any other
construction or development attendant to the wireless service facility.
(11) Lines representing the sight line showing viewpoint (point from which
view is taken) and visible point (point being viewed) from 'Sight Lines"
subsection below.
(12) Location of all wetlands on the subject property and within 100' of the
proposed facility as approved by the Conservation Commission,only if a
filing with the Conservation Commission is required.
(13)Antennas and related equipment shall be camouflaged,that is, disguised,
shielded, hidden or made to appear as an architectural component of the
structure, provided however, antennas installed on utility poles, signs or
flag poles as part of a DAS shall not be required to be camouflaged.
iv) Sight lines and photographs:
(l) Sight line representation. A sight line representation shall be drawn from
any public road within 300 feet and the closest facade of each residential
building (viewpoint) within 300 feet to the highest point (visible point)
of the wireless service facility. Each sight line shall be depicted in
profile, drawn at one-inch equals 40 feet scale. The profiles shall show
all intervening trees and buildings,, ! Deleted: In the event there is only one
(2) Preexisting (before condition) photographs. Each sight line shall be (or more)residential building within 300
600(should this be eliminated?There
illustrated by one four-inch by six-inch color photograph of what can should be no residential building within
600ft due to the set back)feet there shall
currently e seen from an public road and an residential building Y Y P Y g be at least hvo sight lines from the closest
within,600feet, habitable structures or public roads,if
(3) Proposed (after condition) photographs. Each of the preexisting any —
condition photographs shall have the proposed wireless service facility l Deleted:300
r Deleted:(see above?)¶
11
superimposed on it to show what will be seen from public roads and
residential buildings if the proposed wireless service facility is built.
(4) Siting elevations or views at-grade from the north, south, east and west
for a 50-foot radius around the proposed wireless service facility plus
from all preexisting public and private roads that serve the subject
property. Elevations shall be at either one-quarter inch equals one foot or
one-eight inch equals one foot scale and show the following:
(a) Antennas, mounts and equipment shelter(s), with total elevation
dimensions and average ground level (AGL) of the highest point.
All future proposed antennas, mounts and equipment shelters if
any must be shown in order to be included in the Special Permit {Deleted: or variance
(b) Security barrier. If the security barrier will block views of the
wireless service facility, the barrier drawing shall be cut away to
show the view behind the barrier.
(c) Any and all structures on the subject property.
(d) Preexisting trees and shrubs at current height and proposed trees
and shrubs at proposed height at time of installation, with
approximate elevations dimensioned.
(e) Grade changes, or cuts and fills, to be shown as original grade and
new grade line,with two-foot contours ANISL.
v) Design Filing Requirements for Co-Location:
(1) Equipment brochures for the proposed wireless service facility such as
manufacturer's specifications or trade journal reprints shall be provided
for the antennas, mounts, equipment shelters, cables as well as cable
runs,and security barrier, if any.
(2) Materials of the proposed wireless service facility specified by generic
type and specific treatment (e.g. anodized aluminum stained wood,
painted fiberglass, alloys,etc.). These shall be provided for the antennas,
mounts, equipment shelters, cables as well as cable runs, and security
barrier, if any.
(3) Colors of the proposed wireless service facility represented by a color
board showing actual colors proposed. Colors shall be provided for the
antenna mounts, equipment shelters, cables as well as cable runs, and
security barrier, if any.
(4) Dimensions of the wireless service facility specified for all three
directions: height, width and breadth. These shall be provided for the
antennas, mounts,equipment shelters and security barrier, if any.
(5) Appearance shown by at least two photographic superimpositions of the
wireless service facility within the subject property. The photographic
superimpositions shall be provided for the antennas, mounts, equipment
shelters, cables as well as cable runs, and security barrier, if any, for the
total height, width and breadth.
vi) Design Filing Requirements for Monopole Facilities:
(1) Equipment brochures for the proposed wireless service facility such as
manufacturer's specifications or trade journal reprints shall be provided
for the antennas, mounts, equipment shelters, cables as well as cable
12
runs, and security barrier, if any.
(2) Materials of the proposed wireless service facility specified by generic
type and specific treatment (e.g. anodized aluminum stained wood,
painted fiberglass, alloys, etc.). These shall be provided for the antennas,
mounts, equipment shelters, cables as well as cable runs, and security
barrier, if any.
(3) Colors of the proposed wireless service facility represented by a color
board showing actual colors proposed. Colors shall be provided for the
antenna mounts, equipment shelters, cables as well as cable runs, and
security barrier, if any.
(4) Dimensions of the wireless service facility specified for all three
directions: height, width and breadth. These shall be provided for the
antennas, mounts,equipment shelters and security barrier,if any.
(5) Appearance shown by at least two photographic superimpositions of the
wireless service facility within the subject property. The photographic
superimpositions shall be provided for the antennas, mounts, equipment
shelters, cables as well as cable runs, and security barrier, if any, for the
total height,width and breadth.
(6) Landscape plan including preexistent trees and shrubs and those
proposed to be added, identified by size of specimen at installation and
species.
(7) During the public hearing process the applicant shall schedule with the
Planning Boar a balloon or crane test at the proposed site at the Deleted: or the Zoning Board of I
expense of the applicant, to illustrate the height of the proposed facility. Appeals
Upon notice that such a test will be required, the Applicant is
responsible for making arrangements with the Board's staff so that
notice of the test may be included in a newspaper of local circulation,
which notice shall be paid by the applicant. Photographs of the actual
test from a suitable number of locations so as to depict the visual impact
of the proposed facility on the Town shall be submitted to the Board at
the public hearing.
(8) If lighting on the site is required by the FAA, the applicant shall submit
a manufacturer's computer generated point-to-point printout, indicating
the horizontal foot-candle levels at grade, within the property to be
developed and twenty-five (25) feet beyond property lines. The printout
shall indicate the locations and types of luminaries proposed.
(9) No commercial signage or advertising may be affixed to any monopole
or other wireless service facility.
(10)The applicant shall provide design details for the foundation of a
proposed monopole, the connection of the proposed monopole to the
foundation and the break away points of the proposed monopole.
(11)The Town may retain a technical expert or experts to review, and report
upon,the application. The cost for such technical experts will be paid at
the expense of the applicant.
vii) Structural Integrity Filing Requirements
(1) At the time of application for a special permit for a monopole or stealth (Deleted:or variance
13
antenna the applicant shall provide certification by a structural engineer
that the wireless service facility is structurally sound for the proposed
facility.
(2) Monopoles must at all times be maintained in good and safe condition.
The Personal Wireless Service provider shall arrange for a professional
structural engineer licensed in Massachusetts to inspect and review a
monopole and all accessory buildings upon completion of construction
to certify these structures are in sound condition. A report of the
engineer's findings shall be filed with the Town Building Commissioner
at the completion of construction of the monopole. The SPGA )Ila\ i,Formatted:Font color:Red
require such an engineer's report to be filed after the fifth year of Deleted:Planning Boaord or zoning
operation of the monopole facility and every five years thereafter. Board Appeals
Failure to provide such a report may result in enl'orcement action by I Formatted:Font color:Red
Buildim_ Commissioner in accordance with Section 10 l of this Zonin(, Deleted:will
Bvlaw. All costs for the inspection shall be borne by the carrier. Should
the engineer or the Town Building Commissioner deem the monopole
not to be sound, the owner of the monopole shall submit to the Town,
within ten (10) business days, a plan to remedy the structural defect(s).
Upon approval of the plan by the Building Commissioner, the
remediation plan shall be completed as soon as is reasonably possible.
viii)Noise Filing Requirements
(1) The applicant shall provide a statement listing the preexisting and
maximum future projected measurements of noise from the proposed
wireless service facilities, measured in decibels Ldn (common
logarithmic scale, accounting for greater sensitivity at night), for the
following:
(a) Preexisting or ambient: the measures of preexisting noise
(b) Preexisting plus proposed wireless service facilities: maximum
estimate of noise from the proposed wireless service facility plus
the preexistent noise environment.
(c) Such statement shall be certified and signed by an acoustical
engineer, stating that noise measurements are accurate and meet
Department of Environmental Protection requirements and Section
8.9(4)(d).
ix) Radiofrequency Radiation (RFR)Filing Requirements
(1) All telecommunications facilities shall be operated only at Federal
Communications Commission (FCC) designated frequencies, power
levels and standards, including FCC Radio Frequency Emissions
standards. The applicant shall provide certification demonstrating that
the maximum allowable frequencies and power levels will not be
exceeded. Certifications shall include technical specifications, a written
explanation of those specifications,and,if necessary, field verification.
(2) In order to determine compliance with applicable FCC regulations, the
applicant shall provide a statement listing the preexistent and future
projected measurements of RFR from the proposed wireless service
facility, including all co-locators,for the following situations:
14
(a) Preexisting or ambient: the measurement of preexistent RFR.
(b) Preexisting plus proposed wireless service facilities: estimate of
RFR from the proposed wireless service facility plus the
preexisting RFR environment.
(c) Certification, signed by a engineer, stating that RFR measurements
are accurate and meet FCC Regulations and Guidelines and the
Radiofrequency Radiation Standards subsection of this Bylaw.
x) Federal Environmental Filing Requirements
(1) At the time of application filing, an Environmental Assessment (EA)
that meets FCC requirements shall be submitted to the Town for each
wireless service facility site that requires such an EA to be submitted to
the FCC
(2) The applicant shall list location, type and amount (including radiation
trace elements) of any materials proposed for use within the wireless
service facility that are considered hazardous by the federal, state or
local government.
i) Waiver. The SPCA, may waive one or more of the application filing f Formatted:Font color:Red
requirements of this section if it finds that such information is not needed for j Formatted:Font color:Red
a thorough review of a proposed wireless service facility. Formatted:No underline,Font
color:Red
6) Co-location Formatted:Font color:Red
a) If feasible, wireless service facilities shall be located on preexisting_structures, Formatted:Font color:Red
provided that such installation reserves the character and integrity of those
P P g Y Deleted-:-or-in---
eleted:or m
structures. The applicant shall have the burden of proving that there are no -
._.---.PP -.-._------------------.--.—.... -.P ......g-- ----.__ I Deleted:,(whether or not they have
feasible preexisting structures upon which to locate. If the applicant demonstrates existing wireless facilities)including but
to the satisfaction of the Planning Board,that it is not feasible to locate on a not limited to buildings or structures,
preexisting telecommunications facilities,
preexisting structure, wireless service facilities shall be camouflaged to the utility poles and towers,and related
greatest extent possible, including but not limited to: use of compatible building facilities,
materials and colors, screening, landscaping, with natural and/or artificial Deleted:In particular,applicants are
urged to consider use of preexisting
plantings, and placement within trees. telephone and electric utility structures as
b) Licensed carriers shall share wireless service facilities and sites where feasible sites for one or more wireless service
facilities.
and appropriate,thereby reducing the number of wireless service facilities that are = -
standalone facilities. Applicants are encouraged to locate within a preexisting Deleted: or the Zoning Board of Appeals
structure having wireless facilities when feasible and when such a co-location
does not interfere with structural integrity and does not result in a major change to
the appearance of the structure. Applicants for a Special Permit for a wireless i Deleted: or variance
service facility shall demonstrate a good faith effort to co-locate with other
carriers. Such good faith effort includes:
i) A survey of all preexisting structures that may be feasible sites for co-
locating wireless service facilities;
ii) Contact,with all other licensed carriers for commercial mobile radio services
operating in the Commonwealth of Massachusetts;and
iii) Sharing information necessary to determine if co-location is feasible under
the design configuration most accommodating to co-location.
c) The Planning Board may retain a technical expert in the field of RF engineering i Deleted:or tire Zoning Board of
and/or a structural engineer to verify if co-location at the site is not feasible or is Appeals
15
feasible given the design configuration most accommodating to co-location. The
cost for such a technical expert will be at the expense of the applicant. The
Planning Board, may deny a Special Permit-o an applicant who has not t Deleted: or Zoning Board of Appeals
demonstrated a good faith effort to provide for co-location, (Deleted:or variance !
d) If the applicant does intend to co-locate or to permit co-location, the Planning
Board shall request drawings and studies that show the final appearance and {Deleted:or Zoning Board of Appeals
operation of the drawing service facility at full build-out.
ni --
e) If the Planning Board approves a co-location for a wireless service facility site, Deleted:or the zoning Board or j
the Wireless Facilities Special Permit✓shall indicate how many facilities and of Appeals
what type shall be permitted on that site. Facilities specified in the original Deleted:or variance
Special Permit; approval shall not require another Wireless Facility Special (Deleted: or variance j
J
Permit however, the addition of any facilities not specified in the original ' Deleted: or variance I
to "pre-permit"aa Pt forsadditionailrfacilities Special
o thatthe original carry er will carrier
ot { Deleted: or variance
have to apply for an additional Special Permit, ----------- (Deleted: or variance
f) In order to determine compliance with all applicable FCC Regulations, estimates
of RFR emissions will be required for all facilities, including proposed and future
facilities both for the applicant and all co-locators.
7) Modifications
A modification of a wireless service facility may be considered equivalent to an
application for a new wireless service facility(but the Planning Board,may waive Deleted:or the Zoning Board of
certain filing requirements when the Board deems it appropriate to do so)and will Appeals
require a Special Permit,vhen the following events apply: Deleted:or variance 1
i) The applicant and/or co-applicant want to add any equipment or additional height
not specified in the original design filing.
ii) The applicant and/or co-applicant want to alter the terms of the Special Permitpy Deleted:or variance
changing the wireless service facility in one or more of the following ways:
(1)Change in the number of facilities permitted on the site;
(2)Change in technology used for the wireless service facility.
I
8) Monitoring and Maintenance
a) After the facility is in operation, the applicant shall submit to the, Community {Deletea:SPGA 1 j
Development Offiget within 90 days of beginning operations, preexisting and f Deleted:,
current RFR measurements. Such measurements shall be signed and certified by
an RF engineer, stating that RFR measurements are accurate and are in
compliance, or why the measurements fail to comply with, all applicable FCC
Guidelines and Regulations. The measurements shall be submitted for both the
applicant and all co-locators.
b After the wireless service facility is n i operation the applicant shall submit to the Deleted:sPGA
P PP
Community Development Office}within 90 days_ of the beginning of operation, Deleted:
preexisting and current measurements of acoustic noise from the wireless service
facility. Such measurements shall be certified and signed by an acoustical
engineer, stating that noise measurements are accurate and meet the Noise
Standards sub-section8.9.4.d of this Bylaw.
c) The applicant and co-applicant or their successor in interest shall maintain the
16
wireless service facility in good condition. Such maintenance shall include, but
shall not be limited to, painting, structural integrity of the mount and security
barrier and maintenance of the buffer and landscaping.
9) Abandonment or Discontinuation of Use
a) At such time that a licensed carrier plans to abandon or discontinue operation of a
wireless service facility, such carrier will notify the Community Development
Went
Office y certified US mail of the proposed date of abandonment or { Deleted:Planning Board I
- - - --- -- - -- - - -
discontinuation of operations. Such notice shall be given no less than 30 days
prior to abandonment or discontinuation of operations. In the event that a licensed
carrier fails to give such notice, the wireless service facility shall be considered
abandoned upon discontinuation of operations.
b) Upon abandonment or discontinuation of use, the carrier shall physically remove
the wireless service facility within 90 days from the date of abandonment or
discontinuation of use. "Physically remove"shall include,but not be limited to:
i) Removal of antennas, mount, equipment shelters and security barriers from
the-subject property.
ii) Proper disposal of the waste materials from the site in accordance with local
and state solid waste disposal regulations.
iii) Restoring the location of the wireless service facility to its natural condition,
except that any landscaping and grading shall remain the after-condition.
c) As a condition of any special permit for the placement, construction or Deleted:or vanance
M of a wireless service facility, the SPGA lnay require a carrier to j Deleted:Planning Board or the"Coning
- -
place into escrow a sum of money to cover the costs of removing the facility from Board of Appeals
the subject property. Said amount shall be certified by an engineer, architect or Formatted:Font color:Rea
other qualified professional registered to practice in the Commonwealth of
Massachusetts, Said funds shall be held by an independent escrow agent to be
appointed by the carrier and the SPG.� The carrier shall authorize and, as { Formatted:Font color:Red
. .- - -
g P J property property 1 Board of Appeals -
necessary, shall obtain the authorization of the owner of the to allow the Deleted: Planning Board or the Zoning
escrow agent to enter upon the subject to remove the facility when the
facility has been abandoned or discontinued. In the event the posted amount does
not cover the cost of demolition and/or removal the Town may place a lien upon
the property covering the difference in cost.
d) A facility shall be deemed to be abandoned or discontinued if it has not been used
for the purpose for which it was originally constructed for a period of six (6)
months or more. Once abandonment or discontinuance has occurred, the carrier
shall remove the facility from the subject property within ninety days. In the event
that the carrier fails to remove the facility,the town shall give notice to the carrier
arid the independent escrow agent that the facility shall be, removed by the
escrow agent forthwith and the escrow agent, after affording written notice seven j Deleted:c) Failure to follow the
Provisions of this subsection 8.9(9)shall
days in advance to the carrier,shall remove the facility. result in a fine of not more than$300 for
each offense. Each day that such
■-- -- ------- -- --------- ----_ ----.--- .-----.._. .__-.-- -------- ----------.-- -- violation— I s shall constitute a
10)Reconstruction or Replacement of Existing Towers and Monopoles separate offense.T
-=-- _-
Guyed towers, lattice towers, utility towers and monopoles in existence at the time of Formatted:Indent: Left: 0",First 1
adoption of Section 8.9 of this Bylaw may be reconstructed, altered, extended J line, 0"
replaced on the same site by Special Permit, provided that the,Planninto Boa finds Formatted:Font:Not Bold j
t Deleted:SPGA
17
that such reconstruction, alteration, extension or replacement will not be substantially
more detrimental to the neighborhood and/or the Town than the preexistent non-
conforming structure. In making such a determination, the , Planning Board shall (Deleted:SPGA
consider whether the proposed reconstruction, alteration, extension or replacement
will create public benefits such as opportunities for co-location, improvements in
public safety,and/or reduction in visual and environmental impacts.
11)Performance Guarantees
a) The,Planning Board may require insurance in a reasonable amount determined {Deleted:SPGA j
and approved by the, Planning Board, after consultation at the expense of the Deleted: or the Zoning Board of j
applicant with one (1) or more insurance companies, to be in force to cover Appeals
damage from the structure, or damage from transmissions and other site liabilities {Deleted:SPGA J
and may require annual proof of said insurance to be filed with the F. Planning Deleted: or the Zoning Board of —\
Boar Appeals
b) Annual certification, if required by the standards of the Federal Communications 1 Deleted:SPGA
Commission, or Federal Aviation Administration or the American National 1 Deleted: or the zoning Board or
Standards Institute, shall also be filed with the,ComnlLinity Development Office Appeals
- ------- -_ _ tDeleted:S
by the Special Permitholder. - PGA
Deleted: or Variance
12)Exempt Facilities: Municipal Emergency Wireless Service Facility
Wireless service facilities necessary to provide and ensure adequate town-wide
coverage for public safety communications to include Police, Fire, Ambulance,
Emergency Medical Services, and Emergency Management shall be exempt from
the provisions of this bylaw. Commercial or private wireless service facilities,
unless they are under contract with the Town of North Andover to provide public
safety communication, shall not co-locate on or utilize a municipal emergency
wireless service facility and shall not be exempt under this section. Further, if said
municipal emergency wireless service facility is to be located on private property,
the Town must obtain the permission of the landowner.
13)Public discussion of litigation settlement
At least ten (10) days prior to each public hearing of the Planning Board where a
public discussion is to occur regarding any proposed settlement of litigation
commenced by an applicant under this section, the Planning Board shall send notice
at the applicant's expense of such public discussion by certified mail to all abutters
within 300 feet of the proposed Facility.
Or to take any other action relative thereto
18
From: Tymon, Judy [mailto:jtymon @townofnorthandover.com]
Sent: Friday, April 02, 2010 1:44 PM
To: Thomas J. Urbelis
Subject: RE: Wireless Bylaw
Den Rock Mobil is already part of Business 2—map 26, lot 7. 1 just have to eliminate the Industrial 1 district, and
all the "additional wireless parcels" except for the Manzi properties and Merrimack college.
From: Thomas J. Urbelis [mailto:tju @uf-law.com]
Sent: Friday, April 02, 2010 12:16 PM
To: Tymon, Judy
Subject: RE: Wireless Bylaw
Judy.....thanks. Were you able to get the Map and Parcel numbers for the last two proposed additions? Tom
From: Tymon, Judy [mailto:jtymon @townofnorthandover.com]
Sent: Friday, April 02, 2010 11:37 AM
To: Thomas J. Urbelis; Rees, Mark
Cc: Bellavance, Curt
Subject: RE: Wireless Bylaw
Tom, Mark,
I can make the following changes that were requested by Selectman Gordon:
Elimination of the water tower, Petco/Walgreen, Blockbuster and Eaglewood.
I can add Den Rock Mobil.
I have no idea what he means by'Winthrop Ave. past Market Basket'.
I cannot add the entire New England Power Line. This request requires more definition and the parcels need to
be identified using a combination of Pictometry and GIS, which would need to be done by a person more skilled
than I in GIS/Pictometry and the town does not employ a GIS specialist. The parcels that contain the high
voltage power lines are not all owned by New England Power so these parcels cannot be selected by looking at
the assessor's database. Since we do not have a GIS person in the town.
I hope to have this new map (without the New England Power Lines parcels )completed by the end of the day
today.
Judy
4/2/2010
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