HomeMy WebLinkAbout2010-03-01 Board of Selectmen Agenda Packet TOWN OF NORTH ANDOVER
BOARD OF SELECTMEN
120 MAIN STREET ,
NORTH ANDOVER, MASSACHUSETTS 01845
yORTM
Tracy M. Watson, Chairman °6 "o
William F. Gordon 0 TEL. (978)688-9510
Daniel P. Lanen * _y FAX (978)688-9556
Richard A.Nardella
Rosemary Connelly Smedile 9SSgcNusEt
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BOARD OF SELECTMEN & PLANNING BOARD
AGENDA
MARCH 1,2010—7:00 PM
TOWN HALL MEETING ROOM
120 MAIN STREET
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I, CALL TO ORDER and PLEDGE OF ALLEGIANCE
I1. COMMUNICATIONS, ANNOUNCEMENTS, AND PUBLIC COMMENT:
A. Appointment to Stevens Estate Board of Trustees: Stephanie Jones
III. PREPARATION FOR ANNUAL TOWN MEETING, REVIEW AND VOTE TO PLACE ON
AGENDA PROPOSED ARTICLES:
A. Zoning Bylaw Clarifications
B. Stevens Estate Zoning Change
C. Wireless Bylaw Update
D. Zoning Changes to become a"Green Community"
E. Alternative Building Stretch Code to Foster Energy Conservation
F. Amend Flood Plain Bylaw
G. Amend Capital Improvement Plan Appropriations from Prior Years
H. FYI 1 Capital Improvement Plan
1. Televising Finance Committee Meetings
IV. ADJOURNMENT
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SECTION 2 DEFINITIONS
2.63.1 Sign, Area of
(a). For a Stun, either free-standimu or attached. the area shall he considered to include all
lettering. wording and accompanying designs and symbols. together with the background.
\Nhether open or enclosed. on which they are displayed but not including MIN supporting
framework and bracing \01ch are incidental to the display itself.
(b). For a sign painted upon or applied to a building. the area shall he considered to include <ill
lettering. \Nordimg. and accompanying clesigns or symbols together \\ith any bricking oCa
different color than the linish material of the building (ace.
(c). Wherc the sign consists of individual letters or symbols attached to or painted on a surface,
building_ wall or window. the area shall he considered to he that of the smallest rcoanulc or
other convex shape Much encompasses all of the letters and sYmhols.
01/11/10 Page 1 of
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SECTION 5 EARTH MATERIALS REMOVAL
5.1 General
1. Excavation, removal, stripping, or mining of any earth material exeept-as-hvreinafler
pefmitted 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.
2. Exclusive jurisdiction to issue Earth Removal Permits shall be with the Board except for
Permits allowed in Paragraph 5.6 and 5.6, 3.
3. The Board or Building Inspector shall have the authority to issue an Operating Hours
Extension Permit, as defined in Subsection 5.2.
4. The Building Inspector shall have the authority to enforce all conditions of any Permit
issued under this Section on the Zoning Bylaw.
5, All earth removal operations in existence in North Andover on the effective date of this
section shall be subject to the requirements stated herein. However, all Earth Removal "!
Permits issued prior to the effective date of this Section shall remain in effect until their
expiration date and/or annual review. At such time, said operation shall be subject to the
provisions of this Section, unless otherwise allowed by the Board, for a period not to
exceed six (6) months.
6. An annual fee of one hundred dollars ($100.00) shall be required for Earth Removal
Pen-nits. Miscellaneous Earth Removal Pen-nits shall require an annual fee of twenty-five
dollars ($25.00).
7. Violation of this Section of the Zoning Bylaw, notwithstanding the provisions of Section
10.13, imposes a penalty of fifty dollars ($50.00) for the first offense, one hundred dollars
($100.00) for the second and each subsequent offense. Each day ofoperation in violation
of this section will be considered a separate offense.
8. Any sanitary landfill operated by the Town of North Andover shall be exempt from the
provisions of this Section.
01/11/10 Page 2 of
SECTION 7 DIMENSIONAL REQUIREMENTS
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. 732 and 73 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,
X7.31 — Projections into Front Yards
Uncovcred porches, Balconies. open lire escapes. chimneys and flues all llia\ project jntu
a required side )and not more than one-third of its \width and nol more Ulan four feet ill
ant- case. licit courses, tins. columns, leaders. sills, pilasters. lintels and ornamental
features may project not snore than one foot, and cornices and Lutters not more than tv,o
leet, over a required front yard.
X7.32 — Projections into Side Yards
t incovered porches, Balconies. ()pelt tiro CSCapeS. Ch111111C\"s t111d flocs all nlav project 11%)
a required side lard not more than one-third ot'its width and not more thi111 Blur sect in
and case. Bell coulraes. 1i11s. CnlunlnS. leaders, ,ills. pilaster,. lintel, and 01-utullC1tal
features may project not more than one foot. and cornices ,old gutter~ not more than Iwo
feet. o\cr a required side Yard.
0.33) — Projections into Rear )'ardt
Uncovered porches, Balconies, open fire escapes, chimneys and 11uCS all play Pro jeel into
a required side yard not more than one-third ol'its width and not more than l'()ur beet in
any case. Belt courses. tins, columns, leaders, sills, pilasters. lintels and orn allental
features may project not more than one foot, and cornices and gutters not more than two
feet, over a required rear yard.
01/11/10 Page 3 of
SECTION 9 NON-CONFORMING USES
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.
Upon such determination, a building permit may be issued where applicable. The
following circumstances shall be deemed not to increase the nonconforming nature of
said structure:
1. Alteration of a structure which complies with all current yard setbacks, building
coverage, and building height requirements but is located on a lot with insufficient
area, where the structure after alteration will comply with all of current Bylaw
requirements except for lot area.
2. Alteration to a structure which complies will all current yard setbacks, building
coverage, and building height requirements but is located on a lot with insufficient
frontage, where the structure after alteration will comply Nvith all ofcurrent Bylaw
requirements except for frontage.
3. Alteration to a structure which encroaches upon one or more required yard setbacks,
where the structure after alteration will comply with all current bylaw requirements
except for yard setbacks (the provisions of this clause shall apply regardless of
whether the lot complies with current area and frontage requirements).
4. Alteration of a structure which encroaches upon one or more required yard setbacks,
where the altered part of the structure will comply with all current yard setbacks, or
the alteration is to the side or face of the structure which encroaches upon a required
yard setback, and the alteration does not further encroach upon the required yard
setback, In either case, the altered structure must comply with current building
coverage and building height requirements (the provisions of this clause shall apply
regardless of whether the lot complies with current area and frontage requirements).
5. Alteration to a nonconforming structure which will not increase the footprint of the
existing structure provided that existing height restrictions shall not be exceeded. In
the event that the Zoning Enforcement Officer (Building Commissioner) determines
that the nonconforming nature of such structure would be increased by the proposed
extension, alteration, or change, the Zoning Board of Appeals may, by special permit,
allow such extension, alteration, or change where it determines that the proposed
modification will not be substantially more detrimental than the existing
nonconforming structure to the neighborhood
01/11/10 Page 4 of
Proposed Zoning Bylaw amendment to allow business use at the Gatehouse
on the Stevens Estate property.
Article 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 businesses uses, not to exceed 7.500 square feet
on municipally owned property with a minimum of 50 acres.
Amend Section 4.121 by adding the underlined language to read as follows:
4.121 Residence 1 District
Residence 2 District
Residence 3 District
21. Professional offices not exceeding 7.500 square feet located on municipally
owned property containing a minimum of fifty (50) acres.
Section 8.9 Wireless Service Facilities
1) Purpose
a) It is the express purpose of this Bylaw to minimize the visual and envirommental
impacts as well as any potential deleterious impact on property value, of wireless
service facilities upon properties located within the Town or adjacent thereto. 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 ice 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.
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
supercede 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
cAo cum ents and settings\bcumn\local settings\temporary intennet files'.content.outlook\ezhs3yir.cI can-tju wireless 2-25-10.doe
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 pointibase 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 that is self-supporting with multiple legs and
cross bracing of structural steel.
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 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.
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
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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 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
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 in accordance with Section 10.3 of this Bylaw.
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
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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 subsections
(iii) and (iv):
1. All parcels within the following zoning districts: Business 2 and 3;
Corridor Development Districts 1, 2 and 3; Industrial 1 and 2.
2. 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)
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)
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Map 104A, Parcel 2 1(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)
Map 104D, Parcel 14 (Manzi)
Map 61, Parcel 20(Water Tower)
Map 27, Parcel 16 (Petco/Walgreens)
Map 25, Parcel 1(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)
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) Notwithstanding the foregoing sections ii(1) and ii(2) no Wireless Service
Facility shall be installed on or within any structure containing single-or
multi-unit residences, or on or within any accessory structure to a residential
use unless:
1. There is a substantial gap in coverage, there is compliance with
Federal Communications Commission regulations concerning
radiofrequency emissions, and there is no alternative available
site; or
2. There is a variance granted by the Zoning Board of Appeals.
v) Subject to the exemption in subsection 8.9.12 herein, prior Town Meeting
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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 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 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 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 j
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
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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
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
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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 Enviromnental 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(SPCA) 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
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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 andPor 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 V = 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,
9
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.
(7) Distances, at grade, from the proposed wireless service facility to each
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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
1
construction or development attendant to the wireless service facility, 1
(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 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) Antemras, 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.
(b) Security barrier. If the security barrier will block views of the
11
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
12
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 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
13
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:
(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
14
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, (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
standalone 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) 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
15
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.
7) Modifications
A modification of a wireless service facility may be considered equivalent to an
application for a new wireless service facility 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.
16
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
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.
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
17
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 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 first class mail to all abutters
within 300 feet of the proposed Facility.
Or to take any other action relative thereto
18
Proposed Zoning Bylaw amendment to allow alternative energy uses in an
Industrial (I-2) Zoning District.
Article . 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.
4.133 Industrial 2 District
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 twenty-five(25)acres; less than twenty-five(25)acres but a
minimum of ten (10)acres by Special Permit.
COMMUNITY DEVELOPMENT DIVISION
Building Conservation Health Planning Zoning
MEMORANDUM
TO Mark Rees, Town Manager
FROM: Cure Bellavance, Director
RE: Massachusetts Green Communities Act Assistance Program
DATE: February 3, 2010
On Monday, February 1 our office held the first meeting as part of the Green Communities
Assistance Grant. The grant was awarded to North Andover by the Department of Energy
Resources (DOER). The grant provides an energy consultant to work with the Town and provide
an action plan for becoming a "Green Community". The consultant assigned to North Andover
is 1CF International.
In order to become a Green Community the Town must commit to the five goals listed below.
If the Town becomes a Green Community then there are additional State funds available to the
Town. The funds have been set aside in an Energy Trust which can only be used for specific
purposes related to energy reduction.
The consultant is required to produce an Action Plan that will assist the Town on reaching the
five goals. This memo briefly describes the five criterion needed to be"adopted"for becoming
a Green Community.
Criterion 1—As of Right Zoning
The Town must demonstrate that an Industrial District (Osgood Landing) zoning specifies
medium and heavy manufacturing related to alternative energy. Our office will work with
DOER on any specific language requirements. ATM must adopt zoning changes
Criterion 2—Expedited Permitting
North Andover has adopted the 43D Expedited Permitting process but will need to adopt
Criterion ##1 within the 43D district (Osgood Landing)to meet DOER requirements.
1600 Osgood Street,North Andover,Mossachusetts 01645
O{,...,,, 070 LOQ 0[91 C.... 070 LOO 01CA9 Wl 1 ,.,. ,. .., i .♦R ,1.,. ,
Criterion 3—Baseline GHG Inventory& Plan to Reduce GHG Emissions
The North Andover Sustainability Committee (NASC) has made significant progress on the
energy-use baseline. The Town has been working with Peregrine, who developed DOER's new
Mass Energy Insight tool. Also,Town vehicle fuel use and mileage are tracked using the Gasboy
software. Some Town buildings were audited in 2009. The consulting group Snyder is
developing a baseline inventory for the schools. The Town would have five years to reduce
their energy consumption by 20% based on the baseline audit.
Criterion 4—Green Vehicle Fleet Purchasing Policy
The Town has a current inventory of its municipal vehicles and would need to commit to
purchasing green vehicles in the future. The process of replacing older vehicles with green
vehicles would need to be outlined in a Green Vehicle Fleet Purchasing Policy and Plan. The
Board of Selectmen and/or Town Manger would need to adopt a vehicle purchasing policy.
Criterion 5-Stretch Code
This is the criterion that may generate the most debate. The Town would need to adopt the
Stretch Code, which is an appendix to the State Building Code (780 CMR)adopted by the Board
of Building Regulations and Standards last year. The Stretch Code is based on the International
Energy Conservation Code(IECC) and is an optional code that exceeds the current energy code
and provides higher construction standards fnr both residential and commercial construction.
ATM must adopt the code. -
I
The following people were present at the meeting.
Curt Bellavance Division of Community Development Director
Bruce Thibodeau Division of Public Works Director
James Mealey Public Schools Business Manager
Jerry Brown Building Department Inspector of Buildings
Stephen Sakakeeny Sustainability Committee Volunteer
Steve Foster Sustainability Committee Volunteer
Susan Almono Sustainability Committee Volunteer
Leiran Biton ICF International Consultant
1600 Osgood Street,North Andover,Massachusetts 01845
U6..H., 07Q 4aQ 0[91 C,... 07a 400 OCA7 W..6
78 o CMR Appendix 12 o AA.
Stretch Energy Code
The Stretch Energy Code is the International Energy Conservation Code(IECC)2009 with
amendments contained herein.
CHAPTER 1-ADMINISTRATION
SECTION toy-SCOPE AND GENERAL REQUIREMENTS
Remove sections 101.1, 101.2, and 101.3 and replace with:
lol.1 Title. This code shall be known as the Massachusetts Stretch Energy Code and shall be
cited as such. It is referred to herein as"this code."
1 01.2 Scope.This code applies to residential and commercial buildings. Buildings not
included in this scope shall comply with 780 CMR 13,34, 61,or 93, as applicable.
101.3 Purpose and Intent.
The purpose of 78o CMR 12o.AA is to provide a more energy efficient alternative to the base
energy code applicable to the relevant sections of the building code for both new construction
and existing buildings.A municipality seeking to ensure that construction within its
boundaries is designed and built above the energy efficiency requirements of 78o CMR may
mandate adherence to this appendix.
This appendix may be adopted by any municipality in the commonwealth,by decision of its
governing body.In a city having a Plan D or Plan E charter the governing body shall be the city
manager and the city council, and in any other city the mayor and city council. In towns the
governing body shall be the board of selectmen. In order to be adopted,the appendix must be
considered at an appropriate municipal public hearing, subject to the municipality's existing
public notice provisions.If adopted by a municipality this appendix rather than 78o CMR 13,
34, 61, or 93, as applicable,shall govern.
This appendix shall regulate the design and construction of buildings for the effective use of
energy.This appendix is intended to provide flexibility to permit the use of innovative
approaches and techniques to achieve the effective use of energy.This appendix is not intended
to abridge safety,health or environmental requirements contained in other applicable codes or
ordinances.
Remove section 101.4.3 Exceptions and replace with:
Exceptions
1.Storm windows installed over existing fenestration.
2. Repairs to an existing sash and frame.
3. Existing ceiling,wall or floor cavities,of the building envelope, exposed or accessible during
construction provided that any empty cavities are filled with insulation that meets or exceeds
an R value of R-3.5/inch.
4. Reroofing or residing over uninsulated roofs or walls where the sheathing is not exposed.
5. Replacement of existing doors that separate conditioned space from the exterior shall not
require the installation of a vestibule or revolving door,provided, however,that an existing
vestibule that separates a conditioned space from the exterior shall not be removed,
6.Alterations that replace less than 50 percent of the luminaires in a space,provided that such
alterations do not increase the installed interior lighting power.
7.Alterations that replace only the bulb and ballast within the existing luminaires in a space
provided that the alteration does not increase the installed interior lighting power.
I I P a g e
Remove section 104.1 and replace with:
104.1 General. Construction or work for which a permit is required shall be subject to
inspection by the code official or approved inspection agencies.
Remove section 104.5 and replace with:
104.5 Approved inspection agencies.The code official is authorized to require or accept
reports of approved inspection agencies,provided such agencies satisfy the requirements as to
qualifications and reliability.
Delete sections 1o7, 1o8 and log
CHAPTER 2 ® DEFINITIONS
Insert in section 202:
FENESTRATION PRODUCT, FIELD-FABRICATED is a fenestration product including
an exterior glass door whose frame is made at the construction site of standard dimensional
lumber or other materials that were not previously cut,or otherwise formed with the specific
intention of being used to fabricate a fenestration product or exterior door. Field fabricated
does not include site-built fenestration with a label certificate or products required to have
temporary or permanent labels.
FENESTRATION PRODUCT,SITE-BUILT is fenestration designed to be field-glazed or
field assembled units using specific factory cut or otherwise factory formed framing and glazing
units. Examples of site-built fenestration include storefront systems, curtain walls,and atrium
roof systems.
FURNACE ELECTRICITY RATIO. The ratio of furnace electricity use to total furnace
energy computed as ratio= (3.412*EAE)/(l000*EF+3.412*EAE),where EAE(average annual
auxiliary electrical consumption)and EF(average annual fuel energy consumption)are defined
in Appendix N to subpart B of part 430 of title to of the Code of Federal Regulations and EF is
expressed in millions of Btu's per year.
ON-SITE RENEWABLE ENERGY. Includes solar photovoltaic; active solar thermal that
employs collection panels,heat transfer mechanical components and a defined heat storage
system;wind; small hydro; tidal; wave energy;geothermal(core earth);biomass energy
systems;landfill gas and bio-fuel based electrical production. Onsite energy shall be generated
on or adjacent to the project site and shall not be delivered to the project through the utility
service.
CHAPTER 3 — CLIMATE ZONES
Delete section 3o1 and replace with:
Climate Zone S and moisture regime A(Moist)shall be used in determining the applicable
requirements from Chapters 4 and 5 for locations in Massachusetts.
Delete Chapter 4 and replace with:
CHAPTER 4--ADVANCED RESIDENTIAL ENERGY EFFICIENCY
40x.1 Scope.This chapter applies to residential buildings.
401.2 New construction.New low-rise(three stories or less) residential buildings including
townhouses shall require a HERS (Home Energy Rating System)index rating as verified by a
RESNET(Residential Energy Services Network)certified HERS rater.
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• For units equal to or greater than 3,000 sq ft in conditioned floor space, a HERS rating
of 65 or less is required.
• For units less than 3,000 sq ft,a HERS rating of 70 or less is required.
• In addition, all new construction shall demonstrate compliance with the Energy Star
Qualified Homes Thermal Bypass Inspection Checklist.
401.3 Prescriptive option for residential additions.Additions to an existing building,
building system or portion thereof shall conform to the most recent Energy Star for Homes
Prescriptive Builders Option Package(BOP), except for heating and cooling equipment and
appliances, and shall demonstrate compliance with:
• The Energy Star Qualified Homes Thermal Bypass Inspection Checklist.
• Envelope insulation requirements that meet or exceed IECC 2oog requirements
(Chapter 4, Section 402)for climate zone 5
401.4 Performance option for residential additions.The performance approach and
HERS ratings of 401.2 may be followed in lieu of the prescriptive requirements of 401.3
401.5 Prescriptive option for alterations, renovations or repairs.Alterations,
renovations or repairs that involve accessing the building envelope shall require the affected
portion of the envelope to comply with 401.3. Envelope insulation shall meet or exceed IECC
2oog requirements(Chapter 4, Section 402)for climate zone 5,or fuEy fill existing cavities
with insulating material which meets or exceeds an R value of R 3.5/inch•
401.6 Performance option for alternations, renovations or repairs.In all cases of
alternations, renovations or repairs the performance approach of 401.2 may be followed in lieu
of the prescriptive requirements of 401.5 with the following HERS rating requirements:
• For units equal to or greater than 2,000 sq ft in conditioned floor space,a HERS rating
of 8o or less is required.
• For units less than 2,000 sq ft,a HERS rating of 85 or less is required.
• Compliance with the Energy Star Qualified Homes Thermal Bypass Inspection
Checklist.
Change Chapter 5 title to.
CHAPTER 5 —ADVANCED COMMERCUL ENERGY EFFICIENCY
Remove section 5or.1 and 501.2 and replace with:
501.1 Scope.The requirements contained in this chapter are applicable to new construction
of commercial buildings, or portions of commercial buildings.
Exceptions:
1. Commercial buildings less than 5,000 sq.ft.
2.Commercial buildings from 5,000 to 40,000 sq. ft. in area with these uses:
• Supermarkets
• Warehouses
• Laboratories
http://www.energys tar.gov/ialparmers/bldrs_lenders_raters/do wnloads/thermal_Bypass_Inspec(ion_Cheeklist.pdf
31 Page
® A building of specialized use by variance to this appendix through appeal to the
BBRS.
501.1.1 Buildings greater that ioo,000 sq.ft. Buildings greater than ioo,000 sq. ft.,and
additions to such buildings greater than or equal to 30% of the existing conditioned floor area,
shall be designed to achieve energy use per square foot equal to at least 20%below the energy
requirements of ASHRAE/IESNA Standard go.1-2oo7,Energy Standard for Buildings Except
for Low-Rise Residential Buildings,Appendix G,measured by industry-accepted energy
modeling.
501.1.2 Special energy use buildings. Buildings greater than 40,000 sq.ft. in area, and
additions to such buildings greater than or equal to 30%of the existing conditioned floor area
with these uses:
• Supermarkets
• Warehouses
• Laboratories
shall be designed to comply with the performance requirements of 501.1.1.
501.1.3 Performance option for buildings from 5,000 to ioo,000 sq. ft. Buildings
between 5,000 sq. ft. and ioo,000 sq.ft. shall comply with the performance requirements of
501.1.1,or the prescriptive option 501.1.4.
i
501.1.4 Prescriptive option for Buildings from 5,000 to ioo,000 sq.ft.The
requirements contained in section 501.1.0 and beyond of this chapter are applicable to
buildings from 5,000 to ioo,000 sq.ft. and additions to such buildings greater than or equal to
30% of the existing conditioned floor area where the addition has its own heating system.
501.1.4.1 Application.The commercial building project shall comply with the requirements
in Sections 502 (Building envelope requirements),503 (Building mechanical systems), 504
(Service water heating), 505 (Electrical power and lighting systems), and 507(Advanced
Prescriptive Options) in its entirety.
Compliance with section 507 requires complying with any ONE of the following prescriptive
options:
a.507.2.1 Efficient Mechanical Equipment
b. 507.2.2 Reduced Lighting Power Density
c.507.2.3 On-Site Supply of Renewable Energy
Compliance with section 507 does not remove the requirement to comply with any other
mandatory requirements in this code.
SECTION got BUILDING ENVELOPE REQUIREMENTS
,Delete from section 5o2.1.1, the last sentence:
Buildings with a vertical fenestration area or skylight area that exceeds that allowed in Table
502.3 shall comply with the building envelope provisions of ASHRAE/IESNAgo.1.
Remove Table 502.1.2, Table 5o2.2(1)and Table 502.2(2)and replace with:
TABLE 502.1.2-BUILDING ENVELOPE REQUIREMENTS OPAQUE ELEMENT,
MAXIMUM U-FACTORS
Roofs All Other Group R
Insulation entirely above deck I U-0.0 U- 0.039
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Metal buildings (with R-5
thermal blocks U- 0.049 U-0.049
Attic and other U- 0.02 U- 0.02
Walls Above Grade
Mass, exterior insulation U-0.080 U- 0.071
Mass interior insulation U- 0.08 U-0.08
Metal building U-o.o61 U-o.o61
Metal framed U-o.o6 U-0.0
Wood framed and other U-0.051 U-0.051
Walls Below Grade
Mass exterior insulation C- 0.11 C-0.11
Mass interior insulation C- o.o6 C-o.o6
Floors
Mass U- 0.0 U-o.o6
Metal Joist U-0.033 U-0.0
Wood Joist/Framing U-0.0 U- 0.0
Slab-on-Grade Floors
Unheated slabs F-o.54o F-0.520
Heated slabs F-o. 8o F-o.58o
Opaque Doors
Swinging U-o. U-o.
Roll-up or sliding U-0.50 U-0.50
For SI:i inch=25.4 mm.
ci-Continuous Insulation
a.When heated slabs are placed below grade,below grade walls must meet the F-factor requirements for
perimeter insulation according to the heated slab-on-grade construction.
TABLE 502.2
BUILDING ENVELOPE RE UIREMENTS-OPA UE ASSEMBLIES
Note: IECC 2009
Roofs All Other Group R equivalent
Insulation entirety above R-25 ci R-25 ci Zone 7
deck
Metal buildings(with R-5 R-1 +R-1 R-1 +R-10 Zone
thermal blocks 0) 3 9 9 7
Attic and other R-38 R-38 Zone 2-7
WaIU Above Grade
Mass exterior insulation R-x1. ci R-13.3 ci Zone
Mass interior insulation R-13_ R-x N/A
Metal building c R + R-5.6 ci R-1 +R-5.6 ci Zone -6
Metal framed R-1 + R-7.5 ci R-i +R-7.5 ci Zone -6
Wood framed and other R-1 +R-7,5 R-1 +R-7.5 Zone 6
Walls Below Graded
Mass exterior insulation R-7.5 ci R-7.5 d Zone 5-6
Mass,interior insulation R-1 R-ig N/A
Floors
Mass R-10 ca R-12.5 ci Zone 5
Metal Joist R-3o R-3o Zone -S
Wood Joist/Framing R-3 o R-3o Zone -8
Slab-on-Grade Floors
51 Page
Unheated slabs R-10 for 24 in. R-15 for 24 in. Zone 6
below below
Heated slabs R-15 for 36 in.+ R-15 for 36 in.+ NBI Core Performance
R-5 ci below R- ci below Values
Opaque Doors
Swinging U—0.37 U—0.3
Roll-up or sliding R—4. R—
For SI: i inch=254 mm.
ci—Continuous Insulation
NR—No Requirement
a.Thermal blocks are a minimum R-5 of rigid insulation,which extends i-inch beyond the width of the purlin on
each side,perpendicular to the purlin.
b.The first R-value is for faced fiberglass insulation batts draped over purlins.The second R-value is for unfaced
fiberglass insulation hatts installed parallel to the purlins.A minimum R-3.6 thermal spacer block is placed above
the purlin/batt,and the roof deck is secured to the purlins. Reference:ASHRAE/IESNA go.i Table A2.3 including
Addendum"G"
c.The first R-value is for faced fiberglass insulation batts installed perpendicular and compressed between the
metal wall panels and the steel framing. the second rated R-value of insulation is for insulation installed from the
inside,covering the girls.Reference:ASHRAE/IESNA go.i Table A3.2 Appendix"G"
d.When heated slabs are placed below grade,below grade walls must meet the exterior insulation requirements
for perimeter insulation according to the heated slab-on-grade construction.
Remove section 502.3.2 (including Table 502.3)and replace with:
502.3.2 Maximum U-factor and SHGC. For vertical fenestration,the maximum U-factor
and solar heat gain coefficient (SHGC)shall be as specified in Table 502.3,which is uniformly
set at 0.4o. For skylights,the limit is set at 3% of roof area,but can be expanded to 5%of roof
area in conjunction with automatic daylighting controls.In all cases,the maximum U-factor
and solar heat gain coefficient(SHGC)shall be as specified in Table 502.3.
TABLE 502.3
BUILDING ENVELOPE REQUIREMENTS: FENESTRATION
All
Framing materials other than metal with or
without metal reinforcement or cladding
U-Factor 0.3
Metal framing with or without thermal break
Curtain Wall/Storefront 0.42
U Factor
Entrance Door U-Factor 0.80
All Other U-Factor a 0.
SHGC-All Frame Types
SHGC 0.40
6 Page
Skylights(3%maximum,or 5%rnaxixnum with
automatic daylighting controls b)
U-Factor o.
SHGC 0.40
a, All other includes operable windows,fixed windows and doors other than entrance doors.
b. Automatic daylighting controls shall meet the requirements of Section 505.2.2.1.3
502.4 Air leakage(Mandatory).
Remove section 502.4.1 and 502.4.2 and replace with:
502.4.o Air Barriers. The building envelope shall be designed and constructed with a
continuous air barrier to control air leakage into,or out of the conditioned space. An air
barrier system shall also be provided for interior separations between conditioned space
and space designed to maintain temperature or humidity levels which differ from those
in the conditioned space by more than 5o%of the difference between the conditioned
space and design ambient conditions.
The air barrier shall have the following characteristics:
1.It must be continuous,with all joints made airtight.
2. Materials used for the air barrier system shall have an air permeability not to exceed
0.004 cfm/ft2 under a pressure differential of 0.3 in. water(1.57psf)(75 Pa)when tested
in accordance with ASTM E 2178. Air barrier materials shall be taped or sealed in
accordance with the manufacturer's instructions.
3.It shall be capable of withstanding positive and negative combined design wind,fan
and stack pressures on the envelope without damage or displacement,and shall transfer
the load to the structure.It shall not displace adjacent materials under full load.
4.Air barrier materials shall be maintainable,or,if inaccessible,shall meet the
durability requirements for the service life of the envelope assembly.
5. The air barrier material of an envelope assembly shall be joined and sealed in a
flexible manner to the air barrier material of adjacent assemblies,allowing for the
relative movement of assemblies due to thermal and moisture variations and creep.
Connections shall be made between:
a.joints around fenestration and door frames
b.junctions between walls and foundations,between walls at building
corners,between walls and structural floors or roofs,and between walls
and roof or wall panels
c. openings at penetrations of utility services through roofs,walls,and
floors
d.site-built fenestration and doors
e.building assemblies used as ducts or plenums
£joints,seams, and penetrations of vapor retarders
g. all other openings in the building envelope
502.4.o.i Air Barrier Penetrations. All penetrations of the air barrier and paths of
air infiltration/eAltration shall be made air tight.
71 Page
502.4.1 Window and door assemblies. The air leakage of window,skylight and
door assemblies that are part of the building envelope shall be determined in accordance
with AAMA/WDMA/CSA 101/I.S.2/A440,or NFRC 40o by an accredited,independent
laboratory,and labeled and certified by the manufacturer.Window and skylight air
leakage shall not exceed 0.2 cfm/ft2 at 1.57 pounds per square foot(psf) (75Pa),or 0.3
cfm/ft2 at 6.24 psf(300 Pa). Door assembly air leakage shall not exceed 0.3 cfm/ft2 for
all other products at 1.57 psf (75Pa)•
Exceptions:
a. Site-constructed windows and doors that are scaled in accordance with Section
502.4.8.
b. Commercial entrance doors covered by section 50 .4
c. Garage doors shall be permitted to use air leakage determined by test at
standard test conditions in accordance with ANSI/DASMA 105.
d. Doors and Access Openings to Shafts, Chutes,Stairwells, and Elevator Lobbies.
These doors and access openings shall either meet the requirements of 502.4.3 or
shall be equipped with weather seals,except weatherseals on elevator lobby doors
are not required when a smoke control system is installed.
502.4.2 Curtain wall, storefront glazing and commercial entrance doors.
Curtain wall,storefront glazing and commercial-glazed swinging entrance doors and
revolving doors shall be tested for air leakage at a pressure of at least 1.57 pounds per
square foot (psf) (75 Pa)in accordance with ASTM E 283.For curtain walls and
storefront glazing,the maximum air leakage rate shall be o.o6 cubic foot per minute per
square foot(cfm/ft2)(1.1 m3/b x m2)of fenestration area. For commercial glazed
swinging entrance doors and revolving doors,the maximum air leakage rate shall be
1.00 cfrn/ft2(18.3 ma/h x m2)of door area when tested in accordance with ASTM E 283.
Remove section 502.4.5 and replace with:
502.4.5 Outdoor air intakes and exhaust openings. Stair and elevator shaft vents
and other outdoor air intakes and exhaust openings integral to the building envelope
shall be equipped with not less than a Class I motorized,leakage-rated damper with a
maximum leakage rate of 4 cfm per square foot(6.8 L/s - C m2)at 1.o inch water gauge
(w.g.) (1250 Pa)when tested in accordance with AMCA 50oD. These air tight,operable
dampers shall be installed when the air barrier is penetrated by:
1. Fixed open louvers such as in elevator shafts and machine rooms.
2. Mechanical system components which allow infiltration or enfltration of air
when the systems are inactive,such as atrium smoke exhaust systems, elevator
shaft smoke relief openings, and other similar elements.
Such dampers shall be set in the closed position and automatically open upon:
1.the activation of any fire alarm initiating device of the building's fire alarm
system;
2.the interruption of power to the damper.
Exception: Gravity(nonmotorized) dampers are permitted to be used in
buildings less than three stories in height above grade.
8IPage
Remove section 502.4.7 and replace with:
502.4.7 Vestibules. Building entrances that separate conditioned space from the
exterior shall be protected with an enclosed vestibule,with all doors opening into and
out of the vestibule equipped with self-closing devices.Vestibules shall be designed so
that in passing through the vestibule it is not necessary for the interior and exterior
doors to open at the same time. Interior and exterior doors shall have a minimum
distance between them of not less than 7 ft when in the closed position.The exterior
envelope of conditioned vestibules shall comply with the requirements for a conditioned
space.The interior and exterior envelope of unconditioned vestibules shall comply with
the requirements for a semi-heated space.
Exceptions:
a,Building entrances with revolving doors.
b.Doors not intended to be used as a building entrance.
c.Doors opening directly from a dwelling unit.
d.Doors that open directly from a space that is less than 3000 ft2 in area and is
separate from the building entrance.
e.Doors used primarily to facilitate vehicular movement or material handling
and adjacent personnel doors.
Add section 502.5 Vapor retarders.
502.5 Vapor retarders. Class I or II vapor retarders are required on the interior side
of walls.
Exceptions:
1. Basement walls.
2.Below grade portion of any wall.
3. Construction where moisture or its freezing will not damage the materials.
502.5.1 Class III Vapor retarders. Class III vapor retarders shall be permitted
where any one of the conditions in Table 502.5.1 are met.
TABLE 502.5.1- CLASS III VAPOR RETARDERS
Climate Zone Class III vapor retarders permitted for:
Vented cladding over OSB
5 Vented cladding over Plywood
Vented cladding over Fiberboard
Vented cladding over Gypsum
Insulated sheathing with R value >=R5 over 2x4 wall
Insulated sheathing with R-value >=R7.5 over 2x6 wall
502.5.2 Material vapor retarder class. The vapor retarder class shall be based on
the manufacturer's certified testing or a tested assembly. The following shall be deemed
to meet the class specified:
Class I: Sheet polyethylene,non-perforated aluminum foil
Class II: Kraft faced fiberglass batts or low perm paint
9 1 P a g e
(paint with o.1 <perm <= 1.o)
Class III: Latex or enamel paint
SECTION 503-BUILDING MECHANICAL SYSTEMS
Insert at end of section 503.1:
NOTE: Compliance path a. (Efficient Mechanical Equipment)in section 507 is
not available for equipment installed according to the minimum performance
values outlined in section 503.2.3.In this case,compliance can be met with one
of the following paths:
b. 507.2.2 Reduced Lighting Power Density
C. 507.2.3 On-Site Supply of Renewable Energy
Replace section 503.2.1 with:
503.2.1 Calculation of heating and cooling loads. Design loads shall be
determined in accordance with the procedures described in the ASHRAE/ACCA
Standard 183.The design loads shall include an accurate representation of the building
envelope,lighting,ventilation and occupancy loads based on the specific design
characteristics of the project. Heating and cooling loads shall be adjusted to account for
load reductions that are achieved when energy recovery systems are utilized in the
HVAC system in accordance with the ASHRAE HVACSystems and Equipment
Handbook.Alternatively, design loads shall be determined by an approved equivalent
computation procedure,using the design parameters specified in IECC 2009 Chapter 3.
Insert at end of section 503.2.5.1,Exceptions:
5. Building spaces where CO, Sensors are inappropriate measures for ventilation
needs because of ventilation needs other than occupant requirements.
6.Building spaces where the primary ventilation needs are for process loads.
Replace sections 503.2.9 —503.2.9.3 with:
503.2.9 Mechanical systems commissioning and completion requirements.
503.2.9.1 System commissioning. Commissioning is a process that verifies and
documents that the selected building systems have been designed,installed,and
function according to the owner's project requirements and construction documents.
Drawing notes shall require commissioning and completion requirements in accordance
with this section. Drawing notes may refer to specifications for further requirements.
Copies of all documentation shall be given to the owner. The building official may
request commissioning documentation for review purposes. At the time of plan
submittal,the building jurisdiction shall be provided,by the submittal authority, a letter
of intent to commission the building in accordance with this code.
503.2.9•x.1 Commissioning plan.A commissioning plan shall include as a
minimum the following items:
1.A detailed explanation of the original owner's project requirements,
101 Page
2.A narrative describing the activities that will be accomplished during each
phase of commissioning,including guidance on who accomplishes the activities
and how they are completed,
3. Equipment and systems to be tested, including the extent of tests,
4. Functions to be tested (for example calibration, economizer control, etc.),
5. Conditions under which the test shall be performed(for example winter and
summer design conditions,full outside air, etc.), and
6. Measurable criteria for acceptable performance.
503.2.9.1.2 Systems adjusting and balancing.All HVAC systems shall be
balanced in accordance with generally accepted engineering standards.Air and water
flow rates shall be measured and adjusted to deliver final flow rates within 10%of
design rates.Test and balance activities shall include as a minimum the following items:
I. Air systems balancing.Each supply air outlet and zone terminal device
shall be equipped with means for air balancing in accordance with the
requirements of Chapter 6 of the International Mechanical Code.Discharge
dampers are prohibited on constant volume fans and variable volume fans with
motors 10 hp (18.6 kW)and larger.Air systems shall be balanced in a manner to
first minimize throttling losses then,for fans with system power of greater than 1
hp,fan speed shall be adjusted to meet design flow conditions.
Exception: Fans with fan motors of 1 hp or less.
2. Hydronic systems balancing:Individual hydronic heating and cooling
coils shall be equipped with means for balancing and pressure test connections.
Hydronic systems shall be proportionately balanced in a manner to first
minimize throttling losses,then the pump impeller shall be trimmed or pump
speed shall be adjusted to meet design flow conditions. Each hydronic system
shall have either the ability to measure pressure across the pump,or test ports at
each side of each pump.
Exceptions:
i. Pumps with pump motors of 5 hp or less.
2.When throttling results in no greater than 5% of the nameplate horsepower
draw above that required if the impeller were trimmed.
503.2.9.1.3 Functional performance testing
503.2.9.1.3.1 Equipment functional performance testing. Equipment functional
performance testing shall demonstrate the correct installation and operation of
components, systems,and system-to-system interfacing relationships in accordance
with approved plans and specifications.This demonstration is to prove the operation,
function,and maintenance serviceability for each of the Commissioned systems. Testing
shall include all modes of operation, including:
1.All modes as described in the Sequence of Operation,
2. Redundant or automatic back-up mode,
III Page
3. Performance of alarms,and
4.Mode of operation upon a loss of power and restored power.
Exception: Unitary or packaged HVAC equipment listed in Tables 503.2.3 (1)
through (3)that do not require supply air economizers.
503.2.9.1.3.2 Controls functional performance testing. HVAC control systems
shall be tested to document that control devices,components, equipment,and systems
are calibrated, adjusted and operate in accordance with approved plans and
specifications. Sequences of operation shall be functionally tested to document they
operate in accordance with approved plans and specifications.
503.2.9.1.4 Preliminary commissioning report.A preliminary report of
commissioning test procedures and results shall be completed and provided to the
Owner.The report shall be identified as"Preliminary Commissioning Report" and shall
identify:
1.Itemization of deficiencies found during testing required by this section which
have not been corrected at the time of report preparation and the anticipated date
of correction.
2. Deferred tests which cannot be performed at the time of report preparation
due to climatic conditions.
3. Climatic conditions required for performance of the deferred tests,and the
anticipated date of each deferred test.
503.2.9.2 Acceptance. Buildings, or portions thereof, required by this code to comply
with this section shall not be issued a certificate of occupancy until such time that the
building official has received a letter of transmittal from the building owner that states
they have received the Preliminary Commissioning Report as required by Section
503.2.9.1.4•At the request of the building official, a copy of the Preliminary
Commissioning Report shall be made available for review.
503.29.3 Completion requirements.The construction documents shall require
that within 90 days after the date of certificate of occupancy,the documents described
in this section be provided to the building owner.
503.2.9.3a Drawings. Construction documents shall include as a minimum the
location and performance data on each piece of equipment.
503.2.9.3.2 Manuals.An operating manual and a maintenance manual shall be in
accordance with industry-accepted standards and shall include, at a minimum,the
following:
1.Submittal data stating equipment size and selected options for each piece of
equipment requiring maintenance.
2. Manufacturer's operation manuals and maintenance manuals for each piece of
equipment requiring maintenance,except equipment not furnished as part of the
project.Required routine maintenance actions shall be clearly identified.
3.Names and addresses of at least one service agency.
121 Page
4. HVAC controls system maintenance and calibration information,including
wiring diagrams,schematics,and control sequence descriptions. Desired or field-
determined setpoints shall be permanently recorded on control drawings at
control devices or,for digital control systems,in programming comments.
5.A complete narrative of how each system is intended to operate,including
suggested setpoints.
i
503.2.9.3.3 System balancing report.Awritten report describing the activities and
measurements completed in accordance with Section 503.2.9.1.2
503.2.9,3.4 Final Commissioning Report.A complete report of test procedures
and results identified as"Final Commissioning Report"shall include:
i. Results of all Functional Performance Tests.
2. Disposition of all deficiencies found during testing,including details of
corrective measures used or proposed.
3.All Functional Performance Test procedures used during the commissioning
process including measurable criteria for test acceptance,provided herein for
repeatability.
Exception: Deferred tests which cannot be performed at the time of report
preparation due to climatic conditions.
SECTION 505-ELEC'T'RICAL POWER AND LIGHTING SYSTEMS
(Mandatory)
Replace sections 505,2.2,1 and 505.2.2.2 with:
505.2,2.1 Automatic lighting controls.All commercial buildings shall be equipped
with automatic control devices to shut off lighting in compliance with one of the
following automatic control technologies:
i. Section 505.2.2.1.1 Occupancy Sensors
2. Section 505.2.2.1.2 Time Clock Controls
3. Section 505.2.2.1.3 Automatic Daylighting Controls
505.2.2.1.1 Occupancy sensors Occupancy sensors must be installed in all
classrooms,conference/meeting rooms,employee lunch and break rooms,private
offices, restrooms,storage rooms and janitorial closets,and other spaces 300 sf. or less
enclosed by ceiling height partitions.These automatic control devices shall be installed
to automatically turn off lights within 30 minutes of all occupants leaving the space,
except spaces with multi-scene control.
505.2.2.1.2 Time Clock Controls In areas not controlled by occupancy sensors,
automatic time switch control devices shall be used. It shall incorporate an override
switching device that:
i.Is readily accessible.
2.Is located so that a person using the device can see the lights or the area
controlled by that switch, or so that the area being lit is annunciated.
3. Is manually operated.
131 Page
4.Allows the lighting to remain on for no more than 4 hours when an override is
initiated.
5. Controls an area not exceeding 5,000 square feet (465 m2).
Exceptions:
1. In malls and arcades,auditoriums,single-tenant retail spaces, industrial
facilities and arenas,where captive-key override is utilized, override time may
exceed 2 hours.
2. In malls and arcades,auditoriums,single-tenant retail spaces,industrial
facilities and arenas, the area controlled may not exceed 20,000 square feet
(186o m2).
505.2.2.1.3 Automatic daylighting controls.Automatic controls installed in day lit
zones must control lights in the day lit areas separately from the non-day lit areas.
Controls for calibration adjustments to the lighting control device shall be readily
accessible to authorized personnel. Each daylight control zone shall not exceed 2,500
square feet. Automatic daylighting controls must incorporate an automatic shut-off
ability based on time or occupancy in addition to lighting power reduction controls.
Controls will automatically reduce lighting power in response to available daylight by
either one of the following methods:
i. Continuous dimming using dimming ballasts and daylight-sensing
automatic controls that are capable of reducing the power of general lighting in
the day lit zone continuously to less than 35% of rated power at maximum light
output.
2. Stepped Dimming using multi-level switching and daylight-sensing controls
that are capable of reducing lighting power automatically. The system should
provide at least two control channels per zone and be installed in a manner such
that at least one control step shall reduce power of general lighting in the daylit
zone by 3o%to 50% of rated power and another control step that reduces lighting
power by 65%to 100%. Stepped dimming control is not appropriate in
continuously occupied areas with ceiling heights of 14 feet or lower
Exception: Daylight spaces enclosed by walls or ceiling height partitions and
containing 2 or fewer luminaire are not required to have a separate switch for
general area lighting.
Retain section 505.2.2.3 Daylight zone control.
Replace section 505.2.3 with:
505.2.3 Additional Controls for specific uses
a. Display/Accent Lighting—display or accent lighting shall have a separate control
device.
b. Case Lighting—lighting in cases used for display purposes shall have a separate
control device.
141Page
E
c. Hotel and Motel Guest Room Lighting—hotel and motel guest rooms and guest
suites shall have a master control device at the main room entry that controls all
permanently installed luminaires and switched receptacles.
d. Task Lighting—supplemental task lighting,including permanently installed
undershelf or undercabinet lighting, shall have a control device integral to the
luminaires or be controlled by a wall-mounted control device provided the control
device is readily accessible and located so that the occupant can see the controlled
lighting.
e. Nonvisual Lighting—lighting for nonvisual applications,such as plant growth and
food warming, shall have a separate control device.
f. Demonstration Lighting--lighting equipment that is for sale or for demonstrations in
lighting education shall have a separate control device.
Exceptions:a.,b. and d.Where LED lighting is used no additional control is
required.
Insert at end of section 505.5.2
NOTE: Compliance path b. (Reduced Lighting Power Density)in section 507 is not
available for lighting installed according to the values in table 505.5.2.In this case,
compliance can be met with one of the following paths:
a. 507.2.1 Efficient Mechanical Equipment
c. 507.2.3 On-Site Supply of Renewable Energy
Replace, but retain notes and exception, Table 505.5.2 with:
TABLE So .2 -INTERIOR LIGHTING POWER ALLOWANCES
LIGHTING POWER DENSITY
Whole
Building Space by Space
Building Area Typea ft�
Active Storage 0.8
Atrium—First Three Floors o.6
Atrium—Each Additional Floor 0.2
Classroom ecture trainin 1.
Conference/Meeting/Multipurpose 1.
Corridor Transition o.
Dressing/Locker/Fitting Room o.6
Electrical Mechanical 1.
Food Preparation 1.2
Inactive Storage o.
Laboratory 1.
Lobby 1.1
Restroom 0.8
Stairway o.6
Automotive Facility o.
Automotive—Service Repair 0•7
Convention Center 1.2
Exhibit Space 1.
Audience/Seating Area o.
151 Page
Courthouse 1.2
Audience/Seating Area 0.9
Courtroom 1.
Confinement Cells o.
Judges Chambers 1.3
Dining:Bar Loun a 'sure 1.
Lounge/Leisure Dining 1.
Dining:Cafeteria art Food z
Dining:Family 1.6
Dining 1
Kitchen 1.2
Dormitory 110
Living Quarters 1.1
Bedroom o.
Stud y Hall 1.
Exercise Center 1.0
Dressing/Locker/Fitting Room o.6
Audience/Seating Area o.
Exercise Area o.
Exere-iseArea/Gymnasium 1.
Gyumasium 1.1
Dressin Locker Fittin Room o.6
Audience/Seating Area o.
Playing Area 1.
Exercise Area o.
Healthcare Clinic 1.0
Corridors w atient waiting,exam 1.0
Exam/Treatment 1.
Emergency 2.
Public&Staff Lounge 0.8
Hospital/Medical supplies 1.
Hospital-NursM o.6
Nurse station 1.0
Physical therapy o.
Patient Room o.
Pharmacy 1.2
Hospital/Radiology o.
Operating Room 2.2
Recovery 0.8
Active storage o.
Laundry-Washing Laundry-WasMng o.6
Hospital 1.2
Hotel 1.0
Dining Area 1.
Guest quarters 1.1
Reception[Waiting 2.
Lobby 1.1
library 1.
Library-Audio Visual o.
161 Page
Stacks 1.
Card He&Catalo mi 1.1
Rea din Area 1.2
Manufacturing Fa ' 1.
Low bay(<25 ft floor to Ceiling Height) 1.2
IEyji bay(>25 ft Floor to Ceiling Height) 1.
Detailed Manufacturing 2.1
Equipment Room 1.2
Control Room 0.
Motel 1.o
Dining Area 1.2
Guest quarters 1.1
Reception/Waiting 2.1
Motion Picture Theater 1.2
Audience/Seating Area 1.2
Lobby 1.0
Multi-Family o.
Museum 1.1
Active Storage o.8
General exhibition 1.0
Restoration 1.7
Bank Office-banldng activity area 1.
Office o.
Enclosed 1.0
Open Plan. 1.0
Parking Garage o.
Penitentipa 1.0
Performing Arts Theater 1.6
Audience/Seating Area 2.6
Lobby 3.
Dressing/Locker/Fitting Room 1.1
Police Stations 1.0
Fire Stations 0.8
Fire Station Engine Room 0.8
Sleeping uarters o.
Audience/Seating Area 0.8
Police Station Laboratory 1.
Post Office 1.1
Sorting Area 1.2
Lobby 1.0
Religious Buildings 1.3
Lobby 1.
Worship/Pulpit/Choir 2.
Retailb 1.
Department Store Sales Area 1.
Specialty Store Sales Area 1.8
Fine Mercbandise Sales Area 2.
Supermarket Sales Area 1.
Personal Services Sales Area 1.
171 Page
Mass Merchandising Sales Area 1.
Mall Concourse 1.7
School[University 1.2
Classroom 1.
Audience o.
Dining 1.1
Office 1.1
Corridor o.
Storage 0.
Laboratory 1.1
Sports Arena 1.1
Ring Sports Arena 2.
Court Sports Arena 2.
Indoor Playing Field Arena 1.
Town Hall 1.1
Transportation ortation 1.0
Dining Area 2.1
Baggage Area 1.0
Airport-Concourse o.6
Terminal-Ticket Counter 1.
Reception/Waiting o.
Warehouse 0.8
Fine Material 1 1.4
Medium Material 0.9
Workshop 1.
Replace section 5o6 with;
SECTION 5o6 —TOTAL BUILDING PERFORMANCE
As referenced in section 5o1a,buildings establishing compliance with this appendix
through total building performance shall be designed to achieve energy use per square
foot equal to at least 2o%below the energy requirements of ASHRAE/IESNA Standard
go.1-2oo7,Energy Standard for Buildings Except for Low-Rise Residential Buildings,
Appendix G,measured by industry-accepted energy modeling.
Add Section 507:
SECTION 507-ALTERNATIVE PRESCRIPTIVE COMPLIANCE PACKAGES
507A Requirements. Buildings complying with the prescriptive option of section
501.4.1 shall meet the requirements of any one of the following sections:
a.507.2.1 Efficient Mechanical Equipment
b.507.2.2 Reduced Lighting Power Density
C. 507.2.3 On-Site Supply of Renewable Energy
507.2.i Efficient Mechanical Equipment
This mechanical alternative compliance option is intended to allow the builder to meet
the requirements of section 507 by choosing to install efficient mechanical equipment.
18 { Page
This section does not replace the requirements in section 503, but is one of several
optional compliance packages.
Mechanical equipment choices that fulfill requirements for section 507.2.1 shall comply
with the following:
a. Package unitary equipment shall meet the minimum efficiency requirements in
Tables 507.2.1(1) and 507.2.1(2)
b. Package Terminal Air Conditioners and Heat Pumps shall meet the minimum
efficiency requirements in Table 507.2.1(3)
c. Warm air furnaces and combination warm air furnaces/ air conditioning units
shall meet the minimum efficiency requirements in Table 507.2.1(4)
d.Boilers shall meet the minimum efficiency requirements in Table 507.2.1(5)
e. Electric chillers shall meet the energy efficiency requirements in Table
507.2.1(6)
f. Absorption chillers shall meet the minimum efficiency requirements in Table
507.2.1(7)
TABLE 507.2.40
UNITARY AIR CONDITIONERS AND CONDENSING UNITS,
ELECTRICALLY OPERATED EFFICIENCY REQUIREMENTS
Subcategory Or Minimum
Equipment Type Size Category Rating Condition Efficien
Split system 15.0 SEER
< 65,000 Btu/h 12.5 EER
15.0 SEER
Single package 12.o EER
Z 65,000 Btu/h and Split system and 11.5 EERb
Air conditioners, <-135,000 Btu sin le package 11.9 IPLVb
Air cooled z 135,000 Btu/h and Split system and 11.5 EERb
< 24o,coo Btu/h_ single package mg IPLVb
>_240,000 Btu/bi and< Split system and 10.5 EERb
60 000 Btu single package io.9 IPLVb
z 76o,000 Btu/h 9.7 EERb
11.o IPLVb
Air conditioners, Split system and 14.o EER
Water and single package
evaporatively cooled
For SI:1 British thermal unit per hour=0.2931 W.
a.IPLVs are only applicable to equipment with capacity modulation.
b. Deduct 0.2 from the required EERs and IPLVs for units with a heating section other than electric
resistance heat.
191 Page
TABLE 507.2.1(2)
UNITARY AND APPLIED HEAT PUMPS, ELECTRICALLY
OPERATED EFFICIENCY REQUIREMENTS
Equiipment Size Category Subcategory Or A inimum
T�Te Ratin Condition Efficiencya
Split system 15.0 SEER
< 65,000 Btu/h 12.5 EER
Single package 15.0 SEER
-12.o ERR
Air cooled z 65,000 Btu/h and Split system and 11.5 EERb
(Cooling mode) < 135,000 BtUZ4 single package n.9 IPLVb
a135,000 Btu/h and Split system and 11.5 EERb
<240,00o Btu h single package 11.9 IPLVb
z 240,000 Btu/h Split system and 1o.5 EERb
sin le package io.9 IPLVb
Water source
(Cooling mode) <135,000 Btu/h 85°F entering water 14.0 EER
<65,000 Btu/h Split system 8.5 HSPF
(Cooling capacity) Single package 8.o HSPF
z 65,000 Btu/h and 47"F db/43°F wb 3.4 COP
Air cooled < 135,000 Btu/h(Cooling autdoor�air
(Heating mode) capacity) 77°F db/15 F wb 2.4 COP
outdoor air
47"F db/43 1F wb 3.1 COP
z 135,000 Btu/h outdoor air
(Cooling capacity) 77°F db/15"F wb 2.1 COP
outdoor air
Water source <135,000 Btu/h 7o'g entering water 4.6 COP
(Heating mode) (Cooling cap city)
For SI: °C=[(°F)-321/1.8,1 British thermal unit per hour=0.2931 W.
db=dry-bulb temperature,°F;wb=wet-bulb temperature,°F
a.IPLVs and Part load rating conditions are only applicable to equipment with capacity modulation.
b. Deduct o.2 from the required EERs and IPLVs for units with a heating section other than electric
resistance heat.
TABLE 507.2.1(3)
PACKAGED TERMINAL AIR CONDITIONERS AND
PACKAGED TERMINALHEAT PUMPS
Minimum
Equipment Type Size Category Efficiency
Air conditioners <7 000 Btu h 11.9 EER
&Heat Pumps 7,00 o Btu h and < to 000 Btu h 11.3 EER
(Cooling Mode) 10,00 Btu h and< 1 000 Btu h lo.7 EER
>1 ,000 Btu h 9.5 EER
a. Replacement units must be factory labeled as follows: "MANUFACTURED FOR REPLACEMENT
APPLICATIONS ONLY: NOT TO BE INSTALLED IN NEW CONSTRUCITON PROJECTS."Replacement
efficiencies apply only to units with existing sleeves less than 16 inches (406 mm) high and less than 42
inches(1o67 mm)wide.
201 Page
TABLE 507.2.1(4)
WARM AIR.FURNACES AND COMBINATION WARM AIR FURNACES/AIR-
CONDITIONING UNTIES,WARM AIR.DUCT FURNACES AND UNIT
HEATERS, EFFICIENCY R.E UIREMENTS
Subcategory
Size Category Or Rating Minimum
ui ment nTe (In nt) Condition Efficiency Test Procedure
90%AFUE DOE io CFR Part
Warm air furnaces, < 225,000 Btu/h - or 9o%Et 430 ANSI
Z2121.
gas fired Maximum
>_ 225,000 Btu/h 9096 Ec, ANSI Z21.47
capacity note i.
85%AFUE DOE io CFR Part
Warm air furnaces, < 225,000 Btu/h - or 85%Et 430
oil fired or UL 27
Maximum 85 %Et,
a 225,000 Btu/h capacity note 1. UL 7�7
Warm air duct All capacities Maximum 90%Ee ANSI Z83.8
fu rnaces, as fired ca aci
Warm air unit Maximum
heaters, All capacities capacity 90%Ec ANSI 283.8
as fired
Warm air unit Maximum
heaters, All capacities capacity go%Ec UL 731
oil fired
For SI:1 British thermal unit per hour=0.2931 W.
i.Units must also include an I1D(intermittent ignition device),have jackets not exceeding 0.75 percent of
the input rating,and have either power venting or a flue damper.A vent damper is an acceptable
alternative to a flue damper for those furnaces where combustion air is drawn from the conditioned space.
Where there are two ratings,units not covered by the National Appliance Energy Conservation Act of 1987
(NAECA)(3-phase power or cooling capacity greater than or equal to 65,000 Btu/h fig kW]shall comply
with either rating
Et=Thermal efficiency
Ec=Combustion efficiency(l00%less flue losses)
Efficient furnace fan: All fossil fuel furnaces in zones 3 to 8 sball have a furnace electricity ratio not
greater than 2%and shall include a manufacturer's designation of the furnace electricity ratio.
TABLE 507.2.1(5)
BOILER EFFICIENCY REQUIREMENTS
Equipmentl)rpe Size Category Minimum Efficiency
< 3oo,000 Btu o%Et
Gas Hot Water > 3oo,000 Btu/h and < 89%Et
2.5 mBtu
Gas Steam < 30o,000 Btu 89%Et
>3oo,000 Btu 89%Et
Oil < 3oo,000 Btu o%Et
> oo,000 Btu 89%Et
Et=thermal efficiency
211 Page
TABLE 507.2.1(5)
CHI -EFFICIENCY RE UIREMENTS
Optional Compliance Path
Required Efficiency- -Required Efficiency-
Chillers Chillers With VSD
Equipment Size Full Load IPLV Full Load IPLV
Type Category (KW/Ton) (KW/Ton) (KW/Ton) (KW/Ton)
Air Cooled w/ All 1.2 1.0 N/A N/A
Condenser
Air Cooled
W/o All 1.08 1.08 N/A N/A
Condenser
Water Cooled, All Reciprocating 0.840 0.630 N/A N/A
< go tons o. o o.600 NIA N/A
Water Cooled, 90 tons and 0.730 0.550 N/A N/A
Rotary Screw < 150 tons
and Scroll 15o tons and o.610 0.510 N/A N/A
<300 tons
>300 tons o.600 0.490 N/A N/A
<1 o tons o.610 o.62o o.6 3o 0.400
150 tons and 0.590 0.56o o.600 0400
Water Cooled, <300 tons
i
Centrifugal 300 tons and 0.570 0.510 0.580 0.400
< boo tons
> 600 tons 0.550 0-510 0.550 0.400
a,Compliance with full load efficiency numbers and IPLV numbers are both required.
b. Only Chillers with Variable Speed Drives(VSD) may use the optional compliance path here for chiller
efficiency.
TABLE 507.2.1(6)
ABSORPTION CHILLERS -EFFICIENCY REQUIREMENTS
Required Efficiency Full Load COP
Equipment a (IPLV)
Air Cooled,Single Effect o.6o,but only allowed in
heat recovery applications
Water Cooled,Single Effect 0.70,but only allowed in
heat recovery applications
Double Effect-Direct Fired 1.0(1.0
Double Effect-Indirect Fired 1.20
507.2.2 Reduced Lighting Power Density.
Whole Building Lighting Power Density (Watts/ft2) must be reduced by at least 1o%
from the values in table 505.5.2,or as shown in table 507.2.2.
221 Pa be
507.2.2.i Automatic Daylighting Controls.
Automatic daylighting controls shall be installed in the daylight zone and shall meet the
requirements of 505.2.2.1-3.
TABLE 507.2.2
REDUCED INTERIOR LIGHTING POWER ALLOWANCES
LIGHTING POWER DENSITY
Building Area eft Reduced whole buildin f t2
Automotive Faeflity 0.8
Convention Center 1.1
Court House 1.1
Dining:Bar Lounge/leisure 1.2
Dining:Cafeteria Fast Food 1.
Dining:Family1.
Dormitory o.
Exercise Center o.
Fire Station 0.
Gymnasium 1.0
Healthcare-Clinic o.
Hospital 1.1
Hotel o.
Library 1.2
Manufacturing Facility 1.2
Motel o.
Motion Picture Theater 1.1
Multi-Family o.6
Museum 1.0
Office 0.8
Parking Garage o.3
Penitentiary o.
Performing Arts Theater 1.
Police o.
Post Office 1.0
Religious Building 1.2
Retailb 1.2
School/University 1.1
Sports Arena 1.0
Town Hall 1.0
Transportation 0.
Warehouse o.
Workshop1.
See IE,CC 2009 Table 505.2 for notes and exception.
507.2.3 On-site Supply of Renewable Energy
The building or surrounding property shall incorporate an on-site renewable energy
system that supplies 3% or more of total building electrical loads. On-site power
generation using nonrenewable resources does not meet this requirement.
231 Page
The jurisdiction shall be provided with an energy analysis that documents the renewable
energy contribution to the building or a calculation demonstrating that the on-site
supply of renewable energy:
a) Is capable of providing at least g percent of the total energy load of the building,
or
b) Has an installed maximum generating capacity equal to or greater than 0.50
watts per square foot of usable floor space.
Insert IECC 2009 Chapter 6—Referenced Standards
II
24JPage
North Andover
NN A SS CC
Sustainability Committee
TO: Mark Rees, Town Manager
CC: Bruce Thibodeau, Director of Public Works
Curt Bellavance, Director of Community Development
FROM: Tina Klein, Chair, North Andover Sustainability Committee
SUBJ: STRETCH ENERGY CODE
DATE: FEBRUARY 24, 2010
The North Andover Sustainability Committee (NASC),with the full support of Board of Selectmen,
expanded its scope last year to include energy conservation and energy efficiency and we have had our
hands full. NASC are evaluating the energy use in all municipal and school buildings in order to identify
poor performers; we identified the opportunity to apply for an Energy Efficiency Community Block Grant
and participated in evaluating municipal roof space identifying the high school as a prime location for the
installation of solar panels. We were very excited to learn last week that North Andover has been awarded
$103,000 for that project. The town already has a strong reputation for recycling and has an opportunity
to improve further by becoming a"green community".
In order for North Andover to become a green community,it must meet all five requirements specified by
the Massachusetts Green Communities Act of 2oo8. The five are:
1. As-of-Right Siting
2. Expedited Permitting
3. Energy Use Baseline Inventory and Reduction Plan
4. Policy to Purchase Only Fuel-Efficient Vehicles
5. Minimize Life-Cycle Costs in Energy Construction (also known as the Stretch Code)
Doing so would qualify North Andover to bid for a share of the $10 million, per annum,in state funding
set aside for green projects. loo cities and towns applied for consulting assistance to help reach these
goals,but only a few have reached all of them as of this writing. North Andover is extremely close. If
residents vote to take a few more steps,North Andover could become one of the first towns in the state to
earn that official designation.
The Sustainability Committee would like to make a presentation at the upcoming joint meeting of the
Board of Selectmen and Planning Board scheduled for Monday, March ist, about the becoming a green
community and the importance of including a warrant article on the May 2010 Town Meeting warrant
regarding the stretch energy code. An outline of our presentation is attached.
The proposed new construction regulations are called a"stretch code"because they effectively stretch
existing state building codes into stricter energy-efficiency regulations within a town. Normally,
Massachusetts towns cannot adopt their own building codes and must adhere to state regulations,but the
Green Communities Act allows towns to adopt local bylaws imposing tighter restrictions regarding
insulation,air sealing, doors and windows and heating and cooling systems.
The stretch code would not retroactively apply to existing buildings. If adopted, it would only apply to
new construction and renovations that currently fall under state regulations and would not apply to
historic buildings or commercial buildings of certain sizes. For renovations,the stretch code would only
apply to the parts of the building being updated.
Green engineering consultants say new building codes are the best way to reduce energy consumption in
buildings, as forty percent of energy expenditure in the U.S.comes from buildings.Applying the stretch
code regulations when building a typical $400,000 three-bedroom home would cost about $8,000 more
to construct,and would be estimated to save $1,36o per year in energy costs. Adopting the stretch code
would allow homebuyers to make an educated investment,knowing the new house would be energy
efficient.
For more information on the stretch code and the Green Communities program, please feel free to visit
the following web links:
www.mass.gov/energy/greencommunities
http://www.mass.gov/Eoeea/docs/doer/gca/MA%20stretch%20code%2OWed 19%20webinar.pdf
North Andover
NNA SS(C
Sustainability Committee
Outline for Green Communities Presentation to
Board of Selectmen and Planning Board
March 1, 2010
1. What is meant by Green Community?
a. Green Communities Act 2008
b. Purpose
c. Benefits of designation
i. Grant funding, annually.
ii. Long-term operation cost benefits
iii. Environmental benefits
2. How does a municipality earn "Green Community" designation?
a. List each of the five criteria and provide a status for each
3. Stretch Code
a. Background
b. Significant Features
c. Impacts
i. Homeowners and Commercial
ii. Cost Analysis
1. Payback for homeowner
2. ROI for commercial
d. NASC next steps
i. Info sessions with Planning Board, if necessary beyond 3/1 meeting; Finance
Committee, School Committee, School Building Committee, ZBA, Community
Preservation, Capital Building Committee?, others?
4. Cost of Inaction
a. Lost opportunity -- one, and possibly two grant cycles
b. Grant funding will only get more competitive
c. State-wide building codes on target for including all stretch code requirements in the
IECC 2012 revision
Stretch Energy Code
Board of Selectmen/Planning Board Joint Public Meeting
Frequently Asked Questions
In Massachusetts, cities and towns are required to follow a single state building and energy code.
However, as concerns mount about rising energy costs, national dependence on foreign energy sources,
and climate change, many municipalities have asked the state for the right to adopt a code with a
stronger energy efficiency component. As part of the Green Communities Act of 20081, Massachusetts
has developed a second tier building code that gives cities and towns the ability to choose stronger
energy performance in buildings.
This optional energy code is known as the 'stretch code'. This 'stretch code' increases the energy efficiency
code requirements in municipalities that adopt it.
1. Does the stretch code affect an existing house or a house that is for sale?
No. The stretch code has no effect on a house that is for sale. It has no effect on an existing house
unless the owner undertakes a renovation that would normally trigger building code requirements.
2. What construction projects would be impacted?
• New construction of residential buildings three stories or less
• Substantial residential renovations that would normally trigger building code requirements. Code
triggers are essentially the same in base and stretch code communities.
• Code requirements only apply to systems being altered in renovations/repairs. For
example, if you are changing your windows you need code-compliant new window but
if you are changing your heating system you can keep your old windows. Replacing
broken windows or storm windows does not trigger building code compliance
requirements.
• If an addition is built, then the new code only applies to the addition
• New commercial construction over 5,000 square feet floor area
3. How much more efficient would a building be if it was built to satisfy the stretch code?
Increased energy efficiency'
New Residential 20%-35% more efficient
New Commercial 20% more efficient
1 http://www.mass.gov/legis/laws/seslaw08/sIO80169.htm
z http://www,mass.gov/Eoeea/docs/doer/gca/Stretch%20Energy%2OCode%20FAQ%2010-30-09.pdf
1
4. Would existing buildings or historic buildings have to be upgraded to comply with the
stretch code?
No. The stretch code appendix does not change the sections of the state base building code that apply to
existing buildings and historic buildings. Specifically historic buildings listed in state or national registers, or
designated as a historic property under local or state designation law or survey, or with an opinion or
certification that the property is eligible to be listed, are exempt from both the base energy code and the
stretch appendix to the energy code.
5. How would 1 comply with the stretch code?
The stretch code defines two methods to satisfy its requirements: the 'performance' track which
measures the energy efficiency of the building and the 'prescriptive' track which requires installing
specific energy efficiency measure.
• New Residential. The stretch code is roughly equivalent to meeting the Energy Star for Homes
(Tier 2) standard for new buildings. In 2008, approximately 15% of all MA new residential
construction satisfied this criterion. Under the stretch code, a new home must undergo third
party testing to determine its energy efficiency rating (see HERS section below for details).
• Existing Residential Renovations.The stretch code is roughly equivalent to meeting the Energy
Star base standard for building renovations. Building renovation projects may be evaluated
with the 'prescriptive' track if the owner chooses. Typical projects to meet this requirement
involve adding insulation and air sealing.The stretch code does not require the replacement of
existing boilers and furnaces. (See Residential Section below for more detail).
• New Commercial. Most commercial buildings can either meet performance or prescriptive
criteria. For the performance track, a commercial building must be designed to achieve
energy use per square foot equal to at least 20% below the energy requirements of
ASHRAE/IESNA Standard 90.1-2007, Energy Standard for Buildings Except for Low-Rise
Residential Buildings, Appendix G. For the prescriptive track, the building would require a set
of specific energy efficiency improvements. (See Commercial Section below from more detail).
6. Will it save me money to comply with the stretch code?
Yes. For example, the additional initial cost for a typical 3 bedroom single family home of 2,700 square
feet to comply with the stretch code would be approximately $8,100. This home would save
approximately $1,360 in annual energy costs. If this home was financed with a 30-year mortgage, the
extra annual cost in the mortgage is approximately$530.
This results in an annual savings for the homeowner of approximately $830 dollars per year. The entire
upfront investment could be paid off in approximately 6 years if the energy costs were not financed, and
10 years if the energy costs were financed with a typical 30-year mortgage.
Case studies of commercial buildings following the energy efficiency recommendations on which the
commercial code changes are based have shown paybacks of 1 to 2 years,when standard incentives from
electric utilities are included on the benefits side.
2
Type Initial Cost Positive Cash Flow Pays for
(estimated) (if financed with a itself
mortgage) (estimated)
Typical Single Family $8,100 immediate 6 years
Home (new)
Commercial Buildings 1%-3% 1—2 years
(new) with rebates
included
7. Are there other cost savings?
The electric and gas utilities in the state provide financial incentives that further reduce the upfront costs of
high performance buildings, and allow for even faster returns on the investment in energy saving
measures.
Energy efficient mortgages are available that allow for additional borrowing, taking into account the net
savings incorporated into a more energy efficient home.
8. If adopted,when would the Stretch code take effect?
Optional Mandatory
(property owner's choice)
July 1, 2010 January 1, 2011
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9. Why is North Andover considering adopting the stretch code?
In recent years, energy costs have risen significantly for residents and commercial property owners.
Higher building code standards can be an effective means of spurring the implementation of energy
efficiency measures, reducing costs for current and future owners and renters, and mitigating energy
costs for residents and the costs of doing business.
Many of the code changes have been endorsed by the federal Department of Energy and are likely to be
incorporated into the next International Energy Efficiency Code (IECC) in 2012, which would be
adopted by the state one year later.
The Sustainability Committee recommends that North Andover become a Green Community. Adopting
the stretch code is one of the requirements for becoming a Green Community. Green Communities will
be eligible for state grants that will provide up to $10 million annually to fund programs such as
efficiency initiatives, renewable energy projects and innovative programs. There are only a few Green
Communities in Massachusetts now, minimizing the competition for grant money.
10. What Massachusetts cities and towns have adopted the stretch code?
Cambridge. Newton, East Longmeadow, Over 100 Massachusetts cities and towns have committed to
adopting the stretch code.
11. What are some of the expected benefits of a more stringent energy code?
Besides being eligible for grants, adopting the stretch code would mean that new construction and
significant remodeling projects in North Andover would be more energy efficient. This will save money
3
for individual homeowners and businesses.
Adoption of the stretch code will also reduce North Andover's production of greenhouse gases:
• Buildings represent approximately 40%of US carbon emissions
• Buildings last a long time.
• Building codes are an ideal way to address building energy consumption
12. If installing energy efficiency measures is such an obvious benefit, why do we need the
stretch code,why can't the market just take care of the problem?
The market is far from a perfect communicator of the benefits of energy efficiency. For example:
• The home builder and the home buyer are generally not one in the same,(home builders are often
more concerned with reducing construction costs and home buyers are concerned with
construction costs and operating costs). It is much more difficult and expensive to install energy
efficiency measures after a structure is built.
• Disseminating information is not costless; and estimation of the benefits is difficult. Many are
not aware of the availability of energy efficient mortgages, nor tax incentives, nor utility
rebate and incentive programs. Additionally there are hassle (time and effort) costs associated
with incorporating energy efficient measures into a home or business.
13. How is the stretch code different from the existing energy code?
The stretch code is more stringent than the state's base building code. For commercial buildings, it is
similar to the latest International Energy Conservation Code (IECC 2009),with enhancements that require
about 20% greater building energy efficiency. For residential buildings it is roughly equivalent to
meeting the Massachusetts requirements of the National Energy Star for Homes (Tier 2) standard for
new buildings and the Energy Star base standard for building renovations, and includes provisions for
third party testing and rating of building energy performance.
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Home Energy Rating System (HERS)
14. What is a HERS rating?
Under the stretch code new homes must undergo third party testing to determine their energy efficiency
rating, a HERS scoring. HERS is the acronym for Home Energy Rating System. It is a scoring system
established by the Residential Energy Services Network (RESNET), a national non-profit organization
recognized as a national standard by such organizations as the Federal IRS,EPA,and the mortgage industry.
The scoring index is a scale from 0 up to around 200, with 100 representing the score for a 2006 code
standard (the IECC 2004 with 2005 amendments) new home of the same size and type compared to the
new home being evaluated. A score of zero would represent a home that uses zero net energy (e.g., a
zero net energy home). Each 1 point decrease in the HERS index corresponds approximately to a 1%
reduction in energy consumption. For example,a home that achieves a HERS rating of 85 would be 15%more
energy efficient than the standard new code built home in 2006. Older, unimproved homes typically have
ratings well over 100.The lower the score,the more efficient it is.The score is determined by energy modeling
of the building's structure and systems by a certified HERS rater.
The HERS index has been in use for many years by programs such as Energy Star Homes,LEED for Homes,and
by the Federal IRS for tax credits and energy efficient mortgages.
15. How is a HERS rating determined?
A home energy rating involves an analysis of a home's construction plans and onsite inspections. Based on
the home's plans, the Home Energy Rater uses an energy efficiency software package to perform an energy
analysis of the home's design. This analysis yields a projected, pre-construction HERS Index. Upon
completion of the plan review, the rater will work with the builder to identify the energy efficiency
improvements needed to ensure the house will meet ENERGY STAR performance guidelines.The rater then
conducts onsite inspections,typically including a blower door test (to test the air-leakage in the house) and
a duct test (to test the leakage of the ducts). Results of these tests, along with inputs derived from the plan
review,are used to generate the HERS Index score for the home.
16. What training do HERS raters undergo?
HERS raters are typically experienced building design professionals who undergo an intensive one to two
week training course and must rate 5 homes under the supervision of an existing certified HERS rater to be
certified by RESNET. They must also be part of a HERS rating agency or organization that provides quality
assurance, liability insurance and ensures that raters meet ongoing continuing education requirements.
17. How do I find a HERS rater?
Our local utility companies can assist contractors and owners in finding a HERS rater.
They are also listed at http://www.natresnet.org/directory/raters.aspx.4
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Residential Construction
18. What residential construction projects will be affected?
New construction and renovations of residential buildings three stories or less would be subject to the
residential portion of the stretch code. New construction projects would be required to use the Home
Energy Rating System (HERS)and achieve an index level of 65 if the building is over 3,000 square feet or
70 if the building is smaller. A HERS index of 65 means that the home is estimated to use 65% as much
energy as the same home built to the base energy code, or a 35% annual energy savings.
19. How would the construction of a new house be impacted by the stretch code?
The new construction would need to satisfy the current requirements for an 'energy star' home. In
2008, 15%of all MA new residential construction satisfied this criterion.
20. What is the anticipated cost to the property owner of complying with the code for new
construction?
I
The answers to FAQ 6 and FAQ 7 provide specifics. Home buyers who qualify for an energy efficient
mortgage generally qualify for a higher mortgage payment because the lender recognizes the
operational savings that result from a more energy efficient home. Much more on energy efficient
mortgages can be found here:
http://www.energystar.gov/index.cfm?c=bldrs lenders raters.energy efficient mortgage
21. What is the anticipated cost to the property owner of complying with the code for additions and
renovations?
In the case of building additions and renovations there are more design constraints, but lower standards
to meet. Typical projects involve adding insulation and air sealing and will see relatively rapid paybacks. If
major equipment upgrades are selected, then the payback could be longer. However, for renovations,
equipment such as boilers and furnaces would not be required to be replaced, although the owner may
have other reasons to do so.
22. How will the stretch code impact residential remodeling/ renovation projects?
Applicability of the stretch code to remodeling projects is limited to the extent of the work. Remodeling
projects (e.g., renovations) have two options to meet the stretch code:
i. The same "performance" approach as new construction but requiring a HERS index of 80 or
less for significant changes to homes over 2,000 square feet, or 85 or less for homes below
2,000 square feet.
ii. A"prescriptive" approach,where specific efficiency measures are required rather than a HERS
index number. This utilizes the Energy Star for Homes program prescriptive requirements,
and insulation at least equal to International Energy Conservation Code(IECC) 2009.
For example,for the prescriptive approach (no HERS rating), if windows are being replaced,the windows
must meet the code's prescriptive standards and any exposed wall cavity must be filled with insulation
to the required level. But the remainder of the building would not be required to be upgraded.
Similarly, if a ceiling or wall cavity is opened, then the required level of insulation must be installed,
6
but the remainder of the building's ceiling and wall cavities are not required to be upgraded with
insulation. If you are replacing your boiler, you would be required to install one that meets the stretch
code standard, but you would not be required to upgrade the building's insulation. Also, certain work is
exempt, including re-roofing, installation of storm windows, and alterations involving less than 50% of
light fixtures in a space.
23.What are the prescriptive measures that can satisfy the stretch code?
For residential projects, the prescriptive measures consist of the Energy Star Builders Option Package
(BOP),which includes the Energy Star Thermal Bypass Checklist. The BOP describes the insulation and
air sealing for an efficient building envelope; efficiency standards for cooling and heating equipment;
allowable leakage rates for ductwork; standards for windows, water heaters, lighting appliances, and
thermostats; and Energy Star rated equipment, appliances, windows, and lighting that meet the
standards. The thermal bypass checklist involves visual inspection of areas in the building where air
leakage could take place to ensure that sealing is effective. Copies of the Energy Star for Homes BOP
and Thermal Bypass Checklist can be found at
http://www.energystar.gov/ia/partners/bldrs lenders raters/downloads/Nat BOP Final.pdf
http://www.energvstar.gov/index.cfm?c=bldrs lenders raters.thermal bypass checklist
24.Would existing buildings or historic buildings have to be upgraded to comply with the stretch code
appendix?
No. The stretch code does not change the sections of the state base building code that apply to existing
buildings and historic buildings. These sections also have remained unchanged in the base code
between the 7th edition and the proposed 8th edition of the Massachusetts energy code. Specifically,
historic buildings listed in state or national registers, or designated as a historic property under local or
state designation law or survey, or with an opinion or certification that the property is eligible to be
listed,are exempt from both the base and the stretch appendix to the energy code.
25. What low-cost interventions can I do to meet the stretch code?
For renovation projects, most projects will be able to meet the stretch code by adding insulation and
performing air sealing, measures such as applying caulk and adding storm windows. For new
construction, the stretch code would require incremental improvements in measures and equipment
installed-the cost of which will be quickly paid back in energy savings.
26. Will implementing the stretch code save me money on utilities?
Yes, The stretch code is designed to tighten the building envelope and utilize efficient lighting,
appliances,and equipment, As a result,the cost of heating, cooling, and lighting will decrease.
27. Where can I find more about the utility incentives for energy efficient measures?
For Bay State Gas, North Andover's gas utility;
• http://www.baystategas.com/en/save-energy-money.aspx
For National Grid, North Andover's electric utility:
7
® Residential programs: '...
https://www,nationaIgridus.com/masselectric/home/`energveff/energveff.asp
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® Business programs:
https://www.nationalgridus.com/masselectric/business/energyeff/energveff.asp
28.Are Tax credits and deductions available for energy efficiency measures?
Yes, on Federal taxes. A good summary can be found at:
http://www,dsireusa.org/incentives/index.cfm?state=us&re=0&EE=1
8
Commercial Construction
29. How will this impact new Commercial Construction?
I
The stretch code applies a performance-based code to commercial buildings, with the option of a
prescriptive code for small and medium-sized commercial buildings.
Large buildings of any type over 100,000 square feet, and "specialty" buildings over 40,000 square
feet are required to meet a performance standard set at 20% below the energy usage of the commonly
used ASHRAE 90.1-2007, demonstrated through modeling by methods and software approved by the
Board of Building Regulations and Standards (BBRS).
Medium-sized commercial buildings, which include residential buildings of 4 stories or more, but that are
less than 100,000 square feet, have the option of meeting the same 20% better than ASHRAE 90.1-
2007 performance standard, or using a simplified, prescriptive energy code.
The prescriptive code is based on the IECC 2009 energy code, and adds incremental efficiency
improvements primarily through:
a. Building envelope elements (walls, roofs, windows, insulation, etc.)
b. Commissioning requirements to ensure that buildings energy systems operate as
designed.
c. More efficient lighting power densities and improved lighting controls.
d. A choice of one of three compliance paths: high efficiency HVAC equipment, further lighting
energy reductions, or on-site renewable energy.
This prescriptive option for commercial buildings between 5,000 and 100,000 sq.ft. is based on the new base
energy code for commercial buildings (International Energy Conservation Code 2009), supplemented by
cost-effective energy saving enhancements taken from the Core Performance program of the New
Buildings Institute. This program has been developed and used for utility incentive programs in
Massachusetts.
30. How will this impact existing local businesses?
Buildings smaller than 5,000 square feet are exempt, as are building renovations and "specialty
buildings — supermarkets, laboratories, and warehouses — below 40,000 square feet in size due to
their widely differing energy needs. These exempt buildings remain subject to the "base"
Massachusetts energy code (IECC 2009 and ASHRAE 90.1--2007).
31. How much will this cost for new commercial construction?
Initial adoption of a higher performance standard for buildings is likely to result in slightly higher first
costs for construction, estimated to be approximately in the 1%to 3% range for commercial buildings.
However, after energy cost savings on heating and electricity are included, these higher performance
standards save money. In addition, the electric and gas utilities in the state provide financial incentives
that further reduce the upfront costs of high performance buildings, and allow for faster returns on the
investment in energy saving measures. Case studies of commercial buildings following the energy
efficiency recommendations on which the commercial code changes are based have shown paybacks of
1 to 2 years, when standard incentives from electric utilities are included on the benefits side.
9
32. How do the benefits and costs from the commercial stretch code standards compare to the
baseline code?
Case studies of specific buildings by Massachusetts utility companies National Grid and NSTAR show
that the savings in reduced energy costs far exceed the greater initial construction costs. If the costs are
included in a mortgage, then owners would see immediate cash-flow savings. Moreover, the utilities
offer generous incentives that make the efficiency improvements even more profitable. For example, on
one mid-sized office building in Warwick, Rhode Island,the additional cost was $91,000,while the annual
energy savings were $29,500, for a three year payback. But NGRID provided a rebate of $63,100,
reducing the initial cost to$28,000, which is covered by the first year's energy savings. More generally,
DOER anticipates that any additional upfront costs incurred in construction should be recovered from
energy savings with a payback after rebates of less than three years.
33. What kinds of technical and financial help are available to property owners and contractors?
In addition to the trainings that will be offered by the state, owners and contractors will have access to the
energy efficiency services, including financial incentives and loan programs.
For Bay State Gas, North Andover's gas utility:
• http://www.baystategas.com/en/save-energy-money.aspx
For National Grid, North Andover's electric utility:
• Residential programs:
https://www.nationa]gridus.com/masselectric/home/energyeff/energveff.asp
® Business programs:
https://www.nationaIgridus,com/masselectric/business/energyeff/`energyeff.asp
34. What building types does the stretch code apply to?
The commercial parts of the stretch code apply only to new construction. Renovations of existing
commercial buildings do not trigger the application of the stretch code.
35. What is required for large new commercial buildings above 100,000 square feet?
The stretch code would apply to the construction of new commercial buildings over 5,000 square feet
in size, including multi-family residential buildings over 3 stories. Specialized facilities with unusual
energy usage requirements such as supermarkets, laboratories, and warehouses up to 40,000 square feet
are excluded; they are covered by the base code. Specialized facilities over 40,000 square feet are
covered by the stretch code unless a waiver is obtained from the BBRS. Other building types with
unusual energy usage profiles can also apply for a waiver from the stretch code from the BBRS.
The designed energy use in large commercial buildings is required to be at least 20% below the use
expected based on the building code energy modeling standards contained in ASHRAE 90.1-2007 which is
the latest version of the national model code for commercial buildings. This would be determined by
computer modeling of the building, taking into account factors such as air sealing, insulation, and
efficiency of the cooling and heating systems, ventilation, and lighting design. Builders have the
flexibility to choose the set of energy efficiency measures they prefer as long as modeling shows that
10
overall the efficiency measures yield the 20%reduction relative to the base ASHRAE 90.1-2007 requirements
for the same building.
36. What is required for new commercial buildings between 5,000 and 100,000 square feet?
Builders of such buildings have two choices. First, they can use the same modeling as for buildings above
100,000 square feet, and meet the same standard of 20% below ASHRAE 90.1-2007. Alternatively,they can
choose a set of "prescriptive" requirements for particular efficiency measures, based on the new base
energy code for commercial buildings (International Energy Conservation Code 2009), supplemented
by cost-effective energy saving enhancements taken from the Core Performance program developed by
the New Buildings Institute, The Core Performance program and the newly updated Core Energy Code are
nationally-recognized standards already in use by Massachusetts gas and electric utility companies as the
basis for providing financial incentives to commercial building developers.
For more information please see the New Buildings Institute press release available here:
http://www.newbuildings.org/news/nbis-core-performance-adopted-part-massach usetts-stretch-
code
37. What would be required of small new commercial buildings,below 5,000 square feet?
Such buildings would be exempt from the Stretch Code requirements.
38. How are new commercial buildings with special energy needs handled?
Supermarkets, laboratories, and warehouses above 40,000 square feet in size must meet the
performance modeling requirements of the stretch code that apply to regular commercial buildings
greater than 100,000 square feet. Because these buildings often have large and unusual energy loads they
are likely to have their energy usage modeled, so meeting the standard of 20% below ASHRAE 90.1-2007
via energy modeling should be a relatively straightforward compliance approach.
Supermarkets, laboratories, and warehouses below 40,000 square feet are exempt from the stretch
code requirements, but must still meet the base energy code. Other specialty buildings could apply for
waivers based on evidence that they have unusual energy loads, and that they are not typically built
using energy modeling.
39. How do the benefits and costs from the commercial stretch code standards compare to the
baseline code?
Case studies of specific buildings by Massachusetts utility companies National Grid (NGRID) and NSTAR
show that the savings in reduced energy costs far exceed the greater initial construction costs. If the costs
are included in a mortgage,then owners would see immediate cash-flow savings. Moreover, the utilities
offer generous incentives that make the efficiency improvements even more profitable. For example,
on one mid-sized office building in Warwick, Rhode Island, the additional cost was $91,000, while the
annual energy savings were $29,500, for a three year payback. But NGRID provided a rebate of$63,100,
reducing the initial cost to $28,000, which is covered by the first year's energy savings. More generally,
DOER anticipates that any additional upfront costs incurred in construction should be recovered from
energy savings with a payback after rebates of less than three years.
40. What categories do multi-family residential buildings fall into?
Residential multi-family buildings that are above 100,000 square feet and at least four stories tall have
I1
to follow the same performance path (20% better than the ASHRAE standard 90.1-2007) as other
commercial buildings larger than 100,000 square feet. Residential buildings between 5,000 and 100,000
square feet and at least four stories tall would be classified with commercial buildings between 5,000
and 100,000 square feet. Multi-family buildings with one to three stories of any size fall under the
residential stretch code standards. In the rare case of a multi-family building of three stories or less that is
larger than 100,000 square feet, the developer may elect to be treated either as a residential or as a
commercial building.
41. What training and materials are available on these standards?
In addition to the websites referenced in the answer to the final question in this FAQ, the state will
provide training on the IECC 2009 base energy code and an introduction to the stretch code appendix to
all municipal code officials (at no cost), as well as to interested building professionals (at a cost). In
addition, the major Massachusetts electric and gas utilities offer training on New Building Institute (NBI)
Core Performance for commercial buildings.
42. Does the stretch code apply to major renovation projects as well as new construction?
It does not apply to renovation projects in commercial buildings. Due to the wide variety in types and
conditions of commercial buildings there are no widely-accepted standards for renovating such buildings,
so only new commercial buildings are covered by the stretch code requirements.
43. Does the stretch code apply to minor additions to existing buildings?
Additions to existing buildings that are large enough to require code compliance are treated in the
same way as new construction for commercial buildings. Addition projects can elect to follow the
performance approach to code compliance or a simplified prescriptive path.
44. What happens to buildings not covered by the 'stretch' energy code?
Building types that do not fall under the stretch code scope, such as small commercial buildings less
than 5,000 sq ft, or specialized use buildings like small laboratories, will follow the existing base code
requirements,which are also changing to the 8th edition of the MA building code in 2010.
12
Other Questions
45. How would the stretch code be implemented and enforced?
Once the stretch code is adopted by a town or city, it supplants the base energy code language and
becomes the binding energy code language for building projects in that municipality. Implementation
and enforcement of the code is similar to existing code, where the developer is responsible for
submitting documentation of compliance to the Inspectional Services Department for review, and the
building inspector conducts a site review.
46. If the state is making the statewide energy code more stringent,why should North Andover
adopt the stretch code?
The state's base code is a minimum standard. Technology is readily available to achieve significantly
greater levels of efficiency. The stretch code would be about 20% more efficient than the state's base
code. So it would save more energy and further reduce greenhouse gas emissions,
Codes also "even the playing field" for property owners and developers. Some builders and developers
choose to take advantage of short term savings by avoiding initial costs or passing on building operating
costs to renters and lessees. If codes set a low standard, owners and developers who implement energy
efficiency measures (that have initially higher costs but later pay off with operating savings) are put at a
disadvantage compared to other developers.
More Detailed Information about the Stretch Code
The stretch code is Appendix 120.AA of the 7th Edition of the Massachusetts State Building Code. The
stretch code is based on the International Energy Conservation Code (IECC) 2009 energy code. The stretch
code requires approximately 20%greater building efficiency than the base code, The Energy Stretch Code in
its entirety can be found here:
http://www.mass.gov/Eeops/docs/dps/inf/appendix 120 as iu109 09 final.pdf
The full Massachusetts Building Code can be found here:
http://www.mass.govl?pagelD=eopster i na I&L=4&LO=Home&LI=Consu me r+P rote ction+%26+Busi ness+Li censi ng
&L2=License+TVpe+by+Business+Area&L3=Construction+Supervisor+License&sid=Eeops&b=termina]content
&f=dp s bbrs building code&csid=Eeops
A stretch code overview, a webinar answering many questions, a summary table of the stretch code, and
other useful information can be found here:
http://www.mass.gov/?pagel D=eoeeaterminal&L=3&LO=Home&L1=Energy%2C+Utilities+%26+Clean+Tech
nologies&L2=Green+Communities&sid=Eoeea&b=terminalcontent&f=doer green communities gc-grant
program&csid=Eoeea
13
Updated 2/18/10
COMMUNITIES Stretch Code Adoption
GRANTPROGRAM
DEPARTMENT OF ENERGY RESOURCES GUIDANCE 1 Criteria
Stretch Code Adoption Process for a Town
INTRODUCTION
Towns interested in adopting 780 CMR 120.AA,the "Stretch Code" are directed to do so in the manner prescribed by
law—see 101.3 Purpose and Intent section of the Stretch Code:
101.3 Purpose and Intent. The purpose of 780 CMR 120.AA is to provide a more energy efficient alternative to
the base energy code for new and existing buildings.A municipality seeking to ensure that construction within
its boundaries is designed and built above the energy efficiency requirements of 780 CMR may mandate
adherence to this appendix.
780 CMR 120 AA may be adopted or rescinded by any municipality in the commonwealth in the manner
prescribed by law.
If adopted by a municipality this appendix, rather than 780 CMR 13, 34, 61, or 93, as applicable, shall govern.
This appendix shall regulate the design and construction of buildings to provide flexibility, and, permit the use
of innovative approaches and techniques to achieve effective energy use.
ADOPTION BY A TOWN
Towns are advised to seek adoption of the Stretch Code as a general bylaw through a vote of Town Meeting. There
can be no amendments to the bylaw language in order for the bylaw/Stretch Code to be in eff ect. The following
sample article and sample bylaw are provided as examples:
ARTICLE: To see if the Town will vote to enact Chapter—of the Town of General Bylaws,entitled
"Stretch Energy Code"for the purpose of regulating the design and construction of buildings for the effective use of
energy, pursuant to Appendix 120 AA of the Massachusetts Building Code, 780 CMR,the "Stretch Energy Code",
including amendments or modifications thereto, a copy of which is on file with the Town Clerk, or take any other
action relative thereto.
Updated 2/18/10
Chapter
STRETCH ENERGY CODE
[Adopted 0-0-2010 ATM/STM by Art. ]
§ -1 Definitions
§ -2 Purpose
§ -3 Applicability
§ -4 Authority
§ -5 Stretch Code
§ -1 Definitions
International Energy Conservation Code (IECC) 2009 - The International Energy Conservation Code (IECC) is a
building code created by the International Code Council. It is a model code adopted by many state and municipal
governments in the United States for the establishment of minimum design and construction requirements for
energy efficiency. Commencing July 1, 2010,the baseline energy conservation requirements of the MA State Building
Code will default to IECC 2009 and MA amendments.
Stretch Energy Code - Codified by the Board of Building Regulations and Standards as 780 CMR Appendix 120 AA,
the Stretch Energy Code is the International Energy Conservation Code (IECC) 2009 with amendments contained
herein.
§ -2 Purpose
The purpose of 780 CMR 120.AA is to provide a more energy efficient alternative to the base energy code applicable
to the relevant sections of the building code for both new construction and existing buildings,
§ -3 Applicability
This code applies to residential and commercial buildings. Buildings not included in this scope shall comply with 780
CMR 13, 34, 61,or 93, as applicable.
§ -4 Authority
A municipality seeking to ensure that construction within its boundaries is designed and built above the energy
efficiency requirements of 780 CMR may mandate adherence to this appendix.
780 CMR 120 AA may be adopted or rescinded by any municipality in the commonwealth in the manner prescribed
by law.
Updated 2/18/10
§ -5 Stretch Code
The Stretch Code, as codified by the Board of Building Regulations and Standards as 780 CMR Appendix 120 AA,
including any amendments or modifications, is herein incorporated by reference into the Town of
General Bylaws, Chapter
The Stretch Code is enforceable by the building inspector/municipal code official.
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FOR MORE INFORMATION
Contact your Regional Coordinator at:
http://www.mass.gov/Eoeea/"`docs/doerZgreen communities/pubs reports/regional coordinators pdf
Or
Check out the Green Communities Grant Program Toolkit on our website at:
http://www mass gov/?pagelD=eoeeaterminal&L=3&LO=Home&L1=Energy%2c+Utilities+%26+Clean+Technologies&L2=Gr
een+Communities&sid=Eoeea&b=terminalcontent&f=doer green communities gc-grant-program&csid=Eoeea
Rees, Mark
From: Tom Zahoruiko [tzeke @comcast.net)
Sent: Monday, February 22, 2010 1:19 PM
To: Santilli, Ray; Rees, Mark
Subject: Stretch Energy Code
Hi Mark, Ray and Board of Selectmen,
I just wanted to weigh-in on the considered adoption of the so-called"Stretch Energy Code".
Although I understand the desire to become more"green"and energy efficient in our community, there
should be a clear understanding of the potential impact of these increased costs on the consumer,
homeowner, and business community. (Helpful to read Ralph Wilbur's editorial in the Tribune this morning
on "measures that fall far down on the list of better ways" to improve the quality of our lives, in this
regard).
i
We are currently required to install fire sprinkler systems in all of our new homes in Town, a good thing in
many ways (which I've supported) but also quite costly ($4000-$7000. per home) and a competitive
disadvantage relative to neighbor communities who do not have these same local requirements; I have
yet to find a homebuyer willing to spend even that amount(on a discretionary basis) for something that
could one day save the lives of his family.
For comparison, the cost of the energy efficiency dictated in the"Stretch Energy Code"will likely top
$20,000. per home, not the$5000. or even $10,000. that some claim as impact. I had an insulation
installation of the type typically required by the"Stretch"code quoted last year for a 2400 sf home, and it
was close to $20,000. EXTRA for that component alone. This in a home where the total heat/hot
water/cooking annual gas bill was$1,508. in 2007. Even if the energy savings amounted to half
(debatable at best!), the payback for the insulation alone would be in excess of what we legally consider
to be a "lifetime".
This is no time to burden our Town (homeowners, businesses, builders and contractors)with more
competitive disadvantages, or selectively drive up the cost of new homes, many home improvement
projects, and commercial improvements as well,just to make a few people who are not shouldering that
burden feel good about someone else saving energy for thier ideals.
Maybe this kind of initiative can start with its' proponents pro-actively upgrading thier homes and business
facilities first, and gathering a few years of proving data to present to the rest of us. Then we could
rationally evaluate the cost/benefit and determine how and when to push ahead for the benefit of the
entire community.
I'm sorry I can't be at the meeting tonight, but I thought it was important to be on record to balance any
discussion on this topic. As always, I'm happy to discuss this anytime.
Sincerely,
Tom Zahoruiko
115 Carter Field Road
2/26/2010
4.137 Floodplain District
1. STATEMENT OF PURPOSE
The purpose of the floodpiain District is to:
a. Ensure public safety through reducing the threats to life and personal injury.
b. Eliminate new hazards to emergency response officials;
C. Prevent the occurrence of public emergencies resulting from water quality,
contamination,and pollution due to flooding.
d. Avoid the loss of utility services which if damaged by flooding would disrupt or shut
dowri the utility network and impact regions of the community beyond the site of
flooding;
e. Eliminate costs associated with the response and cleanup of flooding conditions;
f. Reduce damage to public and private property resulting from flooding waters.
2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD EVALUATION
AND FLOODWAY DATA
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 (AIR 120.(1,"Flood Resistant Construction"and any other applicable local, Deleted:Svet,on rim.
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,yvhich indicate the 100 year regulatory Deleted:tod theFEt,1A Flood
flood lain.The exact boundaries of the District may be defined b the 100- ear base 1993,bush mars
flood evaluations shown on the FIRM and further defined by the Flood Insurance study
booklet dated June 2, 1993. The FIRM,and Flood Insurance Study booklet are Deleted: rlvod,�a,+laps
incorporated herein by reference and are on file with the Town Clerk, Planning Board,
Building
Ottirial and Conservation Commission. Deleted:oiGc,al,
3. BASE FLOOD ELEVATION AND FLOODWAY DATA
a. Floodway Data. In Zone A,AN, A99 and AE,along watercourses that have not had
a regulatory floodway designated,the best available Federal,State, local or other
floodway data as determined by the Building Inspector, in consultation with the
Director of the Division of Public Works,shall be used to prohibit encroachments in
floodways which would result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
b. Base Flood Elevation Date.Base flood elevation data is required for subdivision
proposals or other developments greater than 50 lots or 5 acres, whichever is the
lesser, within unnumbered A zones.
c. Areas designated as flood plain on the North Andover Flood Insurance Rate Maps
may be determined to be outside the flood plain district by the Building Inspector, in
consultation with the Director of the Division of Public Works, if an accurate
topographic and property line survey of the area conducted by a registered
professional engineer or land surveyor shows that the flood plain contour elevation
does not occur in any area of proposed buildings, structures, improvements,
excavation, filling,paving,or other work activity.The person requesting the
determination shall provide any other information deemed necessary by the Building
Inspector, in consultation with the Director of Division of Public Works to make that
determination, If the Building Inspector,in consultation with the Director of the
Division of Public Works,determines that the Flood Insurance Rate Maps are in
error,the subject area shall not be regulated as occurring within the Flood Plain
District,and any such determination shall be noted on the Flood Insurance Rate
Maps.Nothing in this section shall prohibit the Conservation Commission,Board of
Health,or other Town officials or Board from making non-zoning determinations of
the flood plain or performing their official duties.
4, NOTIFICATION OF WATERCOURSE ALTERATION
If a landowner or project proponent proposes to alter or relocate any watercourse,that
person shall notify the following parties and provide evidence of such notification to
every town board or official who has jurisdiction over such alteration or relocation prior
to or at the time of applying for any approval that is required to perform such alteration of
relocation:
a. Notify in a riverine situation, the following of any alteration or relocation of a
watercourse:
1. Adjacent Communities
2. Bordering States
3, NFIP State Coordinator
Massachusetts Office of Water Resources
251 Causeway Street Suite 600-700
Boston,MA 02114-2104
4. NFIP Program Specialist
FEMA Region 1, Rm.462
J.W.McCormick Post Office& Courthouse
Boston,MA 02109
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.(j"Flood Resistant Deleted:3)070
Construction");
b. Wetlands Protection Regulations,Department of Environmental Protection(DEP)
(currently 310 CMR 10.00);
c. Inland Wetlands Restriction, DEP(currently 302 CMR 6.00);
d. Coastal Wetlands Restriction,DEP(currently 302 CNIR 4.00)l-
e. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP
(currently 310 CMR 15,Title 5);
f. Any variances from the provisions and requirements of the above referenced state
regulations may only be granted in accordance with the required variance procedures
of these state regulations.
Article L. Amend Capital Improvement Plan Appropriations from Prior Years:
To see if the Town will vote to amend prior Capital Plan Appropriations for prior fiscal years as voted by:
A. Transfer unexpended bond proceeds from the FY2007 Capital Improvement Plan, May 14, 2007 Annual
Town Meeting, Article 21, Line 23, "Waverly Road Relief Sewer Main", an amount not exceed $495,000 to 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.
i
or take any other action relative thereto.
Article Q: 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 Chapter 59-5 C of the
General Bylaws of the Town of North Andover, for any capital project in excess of$500,000 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 21 C(k)":
FY 11 Capital Improvement Plan
Line# Project Description Division Requested Amount
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
5 Police Station Equipment Police $405,000
6 School Information Technology Network Equipment Information Technology $1,148,000
7 Revenue Billing Software Information 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 Kittridge School School $450,000
13 Phone systems at Elementary Schools School $180,000
Water Enterprise Fund
14 Meter Replacement Water Enterprise Fund $450,000
or take any other action relative thereto.
Rees, Mark
From: Hottel, Christopher
Sent: Wednesday, February 24, 2010 12:52 PM
To: Rees, Mark
Cc: Mealey, James; Zagarri, Beverly; Hutchinson, Kevin
Subject: FW: Fin Com agenda
Mark—
Here are the draft articles to add to the list for the Selectman's meeting on Monday night, March 1.
Please notice that we discussed two of these yesterday: (1)the amendment to the prior authorization
for funds from the Preschool Project and (2)the addition of the sprinkler project at Kittredge. In
addition, the School Committee would also like to add third project listed below.
• Request that the Town Meeting vote to amend Capital Improvement Plan Appropriations for
prior Fiscal Years as voted by transferring unexpended funds from the completed Preschool
Project an amount not to exceed $164,000 to the Modular Classrooms for Town's Community
School Programs Project.
• Request that the Town Manager's Recommended Capital Improvement Plan be amended to
include $450,000 in FY11 for the installation of fire sprinklers in the Kittredge Elementary
School
• Request that the Town's Recommended Capital Improvement Plan be amended to include
$180,000 in FY11 for the repair of phone systems at the elementary schools.
The School Committee will be voting on these items tonight.
Please let me know if these are worded properly and meet the requirements to be included for Monday
night.
Thanks.
Chris
Christopher Hottel
Superintendent of Schools
North Andover Public Schools
1600 Osgood Street Suite 20/3-59
North Andover, MA 01845-1050
Voice 978.794.1503 ext 280
Fax 978.682.1931
From: Limpert, Stan
Sent: Wednesday, February 24, 2010 10:17 AM
To: Mark Rodgers
Cc: Allen, Chris; Hottel, Christopher; Mealey, James; Zagarri, Beverly
Subject: RE: Fin Com agenda
Mark,
2/25/2010
Thanks for the agenda. It does raise a few questions, though, about your process. For example:
• Will the FinCom be spending time needlessly to discuss the Middle School roof CIP item if we're removing it from the list?
• Will the FinCom be discussing the Kittredge sprinkler project at some point instead of the Middle School roof?
We also want to ask Mark Rees about the possibility of adding one more CIP item: replacing the phones in several of our
schools, which fail on a regular basis. We also will ask Mark R. to draft a warrant article to transfer the funds remaining in the
Preschool project to the Kittredge modulars project.
Several of us will be at your meeting tomorrow night, so maybe we can discuss some or all of the above then.
Stan
I
From: Mark Rodgers [trinityct @comcast.net]
Sent: Wednesday, February 24, 2010 7:06 AM
To: Ramsey Bahrawy; Pete Besen; Jean Sullivan; Ben Osgood; Alan Lebovidge; Herb Cunha; Carlos Bielicki; Bonnie Wilkinson;
Thom Dugan; Rees, Mark
Cc: Tracy Watson; Limpert, Stan; Hottel, Christopher; Thibodeau, Bruce
Subject: Fin Com agenda
Hi all,
Attached is our agenda for tomorrow's meeting.
Regards,
Mark.
1
2/25/2010
OE NORTH
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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(&townofnorthandover.com
This is to certify that the following vote was taken on Article 45 at the
Dissolved 2009 Annual Town Meeting held May 12,2009 and May 13,2009:
Article 45. Amend North Andover General Bylaw, Chapter 59-5 Information
II
Required for the Consideration of Town Meeting Articles. VOTED to amend
Section 59-5 of the General Bylaws of the Town of North Andover by adding paragraph
C which would state:
59-5 C. All CIP (Capital Improvement Plan) articles which seek to raise in excess of
$500,000, shall in addition to any other method of funding, include the appropriate
language to allow, but not necessarily require, for funding through a Massachusetts
General Laws Chapter 59, Section 21C Debt Exclusion Override;
YES 46 NO 39—ARTICLE 45 PASSES
VOTED MAY 13, 2009
i
Waverly Road Relief Sewer Main
Art 21, Sec 23,ATM May 14, 2007
Original Appropriation $ 3,693,420.00
Expended todate $ (183,829.42)
Encumbrances to date $ (1,483,731.22)
Balance as of 2/25/10 $ 2,025,859.36
Preschool Facility
Art 22, ATM May 13,2008
Original Appropriation $ 4,000,000.00
Expended todate $ (3,801,008.10)
Encumbrances to date $ (10,928.06)
Balance as of 2/25/10 $ 188,063.84
i
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E,fORTp
O . p
SSACINUSES
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)688-9556
E-mail iradshaw(a)townofnorthandover.com
This is to certify that the following vote on Article 21 was taken at the
Dissolved Annual Town Meeting for the Town of North Andover held May 10,2005:
ARTICLE 21. Amend General Bylaws -New Chapter 44 - Public Meetings -
Televising of Land Use Board Meetings.
VOTED BY MAJORITY VOTE to amend the General Bylaws of the Town of North
Andover by inserting a new Chapter-Chapter 44-Public Meetings to read as follows:
Chapter 44-Public Meetings
§ 44-1 Televising of Land Use Board Meetings
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All meetings of the Pla ing Board, Zoning Board of Appeals, Board of Health,
end Conservation Commissio" 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
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