HomeMy WebLinkAbout1995-05-01Town of North Andover
Massachusetts
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Field House
North Andover, MA
Recommendations of the Finance Committee are included
in this booklet. It is your guide to the Town Meeting.
Please bring it with you.
A NOTE TO THE
DISABILITY COMMUNITY
THE TOWN OF NORTH ANDOVER WISHES TO
TAKE THOSE STEPS THAT ARE RE(~UIRED TO
ENSURE THAT NO INDMDUAL
DISABILITY IS
SEGREGATED
DIFFERENTLY
EXCLUDED~ DENIED OR OTHERWISE
THAN OTHER INDIVIDUALS
WITH A
SERVICES,
TREATED
BECAUSE OF THE ABSENCE OF AUXILIARY AIDS
AND/OR SERVICES.
IF YOU NEED ANY OF THE AUXILIARY AIDS OR
SERVICES IDENTIFIED IN THE "AMERICANS
WITH DISABILITIES ACT" IN ORDER TO
PARTICIPATE AT TOWN MEETINGs, PLEASE CALL
THE TOWN MANAGER'S OFFICE AT 688-9510.
FII~CE CO~I~
P. EPORT TO T]tE CITIZEI~S
~ TOWI~ ~4EETING - MAY 1, 1995
In prior years, the Finance Committee has published its position on
warrant articles as a report which appeared in the front of the booklet.
This year you will find our comments for each article immediately following
the Finance Committee recommendations. Our goal is to help you make an
informed decision on each article as it comes up for discussion and a vote.
There are some tough choices to be made this year so we encourage you to
attend Town Meeting and participate. You will find some articles have to do
with moving North Andover forward they represent constructive change:
vision for the coming years.
Tough choices? Growth in income comes from the 2 1/2% limit imposed by
State law and by new growth - that's it! Additionally there are transfers of
unexpended funds from Fiscal 1995, but after allowance for contractual wage
increases, payment of interest on and retirement of borrowing as well as
other mandated expenses, there is limited growth in revenues for operations.
We have finally reached the point where the Town simply will not have
enough cash no do what has to be done. Take a good hard look at Article 8,
the General Appropriation; Article 9, the Supplemental Budget, Article 10,
Establishment of a Major Facilities Reserve Fund and Article 11, the Capital
Improvement Plan. Articles 9, 10 and 11 will require an override.
The override will increase taxes, yes, but it will also build the base
upon which following years taxes will be figured. Take a look at the table
below - it tells you exactly what the effect of passing the override will be.
Our tax rate will still be BELOW Andover and very much in line with other
similar communities.
EFFECT ON 1996 RFOkL ESTA~E TAXES P, ESIILTING FROMAPPRO%rALOFARTICLES 9, 10, 11
RATE
VALUE
S100,000
$150,000
$200,000
$250,000
$300,OOO
$350,000
$400,000
s450,000
s500,000
Incremental Tax Increase by project ($ Der thousand of valuation)
Osgood Hill Article 9 Article 10 Article 11
$0 16
$16 00
$24 00
$32 00
$4O 00
$48.00
$56.00
$64.00
S72.00
$80.00
$0.34 $1.17
Effect of Annual Taxes by Household Valuation
$0.15
$34.00 $117.00 $15.00
$51.00 $175.00 $22.50
$68.00 $234.00 $30.00
$85.00 $292.50 $37.50
$102.00 $351.00 $45.00
$119.00 $409.50 $52.50
$136.00 $468.00 $60.00
$153.00 $526.50 $67.50
$170.00 $585.00 $75.00
The nine members of our committee have invested more than 300 hours
evaluating departmental budget requests and have wezghed them against
perceived needs. Each and every department in town has been thoroughly
analyzed. This evaluation process included a considerable amount of field
work including: time spent in going into the schools to see how instruction
is carried out as well as the condition of the buildings and facilities
themselves; getting a detailed walk through and on site explanation of the
police station; the same for the fire department; a point by point coverage
of the operations of the DPW, including an inspection of DPW equipment; and
in similar fashion for every division of our town.
We have spent substantial amount of our time with department heads and
other town personnel listening to their needs and requests. This was
followed up with questions from the committee until we had a solid
understanding of their financial requirements.
In conclusion, the Finance Committee has worked diligently to bring our
recommendations before you for action. This is but another year of needs far
exceeding available funds. And so, our endorsements may not be easy for
everyone to accept. They have been arrived at with two goals in mind:
first, to comply with state law and present a balanced budget and second, to
fairly allocate the available funds across all town departments.
Now we would like to hear from YOU. Your attendance at Town Meeting
will enable YOU to determine what the Town will do as it approaches its 350th
Anniversary.
The North Andover F~-a-ce
William Knauss, Chairman
Robert Duggan
Michael Garron
Gayle Miller
William Whittaker
Betsy Leeman, Vice Chairman
James Gammie
Yvonne Gilreath
Frank Terranova
2
TOWN MEETING
RILLES OF PAR/=~ARY PROCEDURE
(Simplified Form)
A Glossary of Terms:
Town Meeting
A duly-called meeting in which all registered voters are
eligible 5o participaze. It is ~he Town's legislature,
where fiscal issues, zoning changes, by-law amendments, and
other matters affecting the Town are decided. Each voter
has one vote in the decision making process. A regular
(Annual) Meeting ms held each May 5o decide issues for the
fiscal year starting mn July. A (Special) Town Meeting may
be called at other times, to deal with mssues that cannot
wai5 for the next Annual Meeting; a Special Town Meeting is
called by the selectmen; a petition of two hundred (200)
vo~ers will cause one to be called.
Warrant -
Public notice of business to be considered at Town Meeting.
It is publicly posted throughout the Town, sets a time and
place for the meeting, and contains one or more articles.
The warrant ms opened by the selectmen for article
submission prior to the meeting, and closed well in advance
of the meeting.
Article -
Definition of an issue to be decided at the meeting.
Individual matters are described in articles so that all
voters are warned of potential action to be taken. The
scope of each article sets the bounds of actions that may
be taken. Articles are submitted by Town agencies, or
citizen petitions of ten (10) at annual meetings, or one
hundred (100) at special meetings.
Main Motion
Required under the article (and within its scope) for the
meeting to act. It may be as smmple as "To adopt the
article, as printed in the warrant" or a more complex
action, as long as the article's scope is not exceeded. A
mamn motion should be made and seconded for discussion to
proceed; a favorable recommendation from the Advisory Board
will be taken as a main motion, made and seconded.
Whenever possible, affirmative (rather than negative) mamn
motions are preferred to avoid confusion.
Amendments
May be offered to a mamn motion, debated and accepted or
rejected. Complex amendments should be submitted to the
Moderator mn writing. Individual amendments will be
considered mn turn; amendments to amendments are
discouraged. The resultant (possibly amended) main motion
will ultimately be voted upon.
Voting
Is done by vozce (Aye or No), a show of hands or standing
in place. The Moderator will call for a vote, and announce
the results. For other than a counted vote, seven (7)
voters may doubt the announced vote by rising and standing
in place; such doubt will cause a counted vote to be taken.
Most issues will be decided by a simple majority of those
voting; issues requirin9 a two-thirds (2/3), four-fifths
(4/5), or other majority will be clearly identified to the
meeting.
Reconsideration - Of action taken under an article may be proposed onlYonce.
The option is useful when inter-dependent decisions are to
be made under separate articles; it is dangerous when
introduced after a hard-fought decision has been made, and
there has been a change in the audience. Introducing a
motion to reconsider immediately after a hard-fought
decision, with the expectation of its defeat, will
effectively lock out future reconsideration.
Adjournment
To another date and place certain may be proposed and voted
to recess the meetin9 to a future session.
Dissolution -
Is the final act of a meeting. Ail issues will have
concluded, and future discussion will require another
warrant for another meetin9.
The Players:
The followin9 have legal obligations to Town Meeting:
Voters -
The ultimate decision makers. Voted decisions are binding
on the entire Town, including its elected officials.
Moderator -
Elected, responsible for the conduct of the meeting.
Parliamentary rulings, conducting of the debate, and voting
are vested solely in the Moderator.
Selectmen -
Elected, responsible for calling the meeting and ordering
the warrant. This executive board is often authorized by
the meeting to act in the Town's behalf between Town
Meetings.
Finance Committee Appointed by the Moderator, responsible for recommending on
financial and often other articles. This cross-section of
citizens has the opportunity to investigate articles
proposed to the meeting and make independent
recommendations.
Planning Board -
Town Clerk -
Appointed by the Town Manager, responsible for
administering the Town's Zoning By-law. This board is
required to hold hearings and make recommendations on
articles which effect zoning or environmental issues.
Appointed by the Town Manager, responsible for physical
arrangements of the meeting, and for recording the minutes
of actions taken.
Town Counsel
The Town's Attorney, appointed by the Selectmen. Counsel
will make legal rulings, and advise the meeting, as needed.
Other Players:
The following participants have strong interest in assuring
the meeting's success. They will propose issues and supply
information to the voters:
School Committee, Town Manager, Superintendent of Schools,
Town Accountant, Department Heads, and Town Committees
Supportinq Cast: The following staff supply the necessary support to conduct
a meeting of this size:
Registrars of Voters, Voter Check-in Clerks, Counters,
Public Safety Officer and Facilities Manager of the
building used.
Courtesy Issues:
Please introduce yourself, using name and street address the first time
that you speak at any session of Town Meeting.
If acting as attorney or paid agen~ for another, disclose this fact at
the start of any remarks.
Address the meeting with new information, to persuade undecided voters.
Re-iterating old information as a show of support takes time and does
little ~o affect the outcome of a vote.
* Please refrain from applause or negative jeers during discussion.
Brevity in remarks shows respect for the value of your neighbor's time.
The most persuasive statements at Town Meeting are often the most
succinctly stated, retaining the audience's full attention.
Participation at Town Meeting is an American tradition, one which
differentiates New England towns from other regions and from larger cities.
Decisions made by these meetings are somehow more satisfying than those
delegated to elected boards or paid staff. Help maintain this tradition by
joining with neighbors to discuss the issues. We will respect the value of
your time and participation.
Charles A. Salisbury,
Town Moderator
Town By-Laws Affecting Town Meeting
59-1. Adjournment. When a Town Meeting shall be adjourned to a time
certain that is more than fourteen (14) days from the time of adjournment,
the Town Clerk shall cause notice of the time and place of such adjourned
meeting to be duly posted in three (3) or more public places in each precinct
in the Town two (2) days at least before the time of holding said adjourned
meeting, which notice shall also briefly state the business to come before
such meeting.
59-2. Quorum. No business shall be transacted at any Annual or Special Town
Meeting except by the unanimous vote of those present and voting, unless
there shall be present at least one point five percent (1.5%) of the
registered voters of the Town; provided, however, that a number less than
such quorum may adjourn such meeting from time to time.
59-3. Reconsideration Vote. Unless the Moderator shall otherwise rule, for
reasons which he shall state to the meeting, no second motion for
reconsideration of any action taken by any Town Meeting shall be entertained
during that meeting or any adjourned session thereof.
59-4. Secret Ballots. Upon motion duly made and seconded, at any Annual or
Special Town Meeting, and upon the affirmative vote of at least twenty-five
percent (25%) of the voters present at said Annual or Special Town Meeting,
any article in the warrant for said Annual or Special Town Meeting shall be
voted upon by Australian (Secret) Ballot.
TOWN OF NORTH ANDOVER
ANNUAL TOWN MEETING - MAY 1, 1995
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS.
To either of the Constables of the Town of North Andover:
GREETINGS:
In the name of the Commonwealth of Massachusetts, and in compliance with
Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and
requirements of the Town Charter, you are hereby directed to notify and warn the
inhabitants of the Town of North Andover who are qualified to vote in Town
affairs to meet at the North Andover High School Field House on Monday,
May 1, 1995, at 7:00 PM then and there to act upon the following articles.
ARTICLE 1. ANNUAL TOWN ELECTION. The election of Town Officers appearing
on the ballot have already been acted upon at the Annual Town Election on
March 6, 1995.
~ ~ Board of Selectmen
O
ARTICLE 2. REPORT OF RECEIPTS AND EXPENDITURES. To see if the Town will
vote to accep5 the reports of receipts and expenditures as presented by the
Selectmen in the 1994 Annual Town Report.
O ~ Board of Selectmen
ARTICLE 3. COMPENSATION OF ELECTED OFFICIALS. To see if the Town will vote
to fix the salary and compensation of the elected officers of the Town, as
provided by Section 108 of Chapser 41 of the Massachusetts General Laws as
follows; or to take any other action relative thereto:
Board of Selectmen/Licensing Commissioners,
per annum $ 2,000
Chairman, Board of Selectmen, per annum 300
School Committee, per annum 2,000
Chairman, School Committee, per annum
Moderator: For Annual Town Meeting
For each Special Town Meeting
Board of Selectmen
Board of Selectmen Reco~endation: Favorable Action.
Finance Committee Recommendation: Favorable Action.
300
100
50
Favorable action recognizes the
FINANCE CO~4ITTEE CO~4~T:
considerable personal unreimbursement of expenses the members of
these Boards incur on behalf of their work for the Town. Along wi~h
the salary are full fringe benefits, if the individual chooses to
take them.
ARTICLE 4. REPORT OF SPECIAL COMMITTEES TO TOWN MEETING. To see if the
Town will vote to accept the reports of any special appointed committees or to
take any other action relative thereto.
A. Report of the Strategic Planning Committee.
B. Report of the Osgood Hill Study Committee.
O ~ Board of Selectmen
ARTICLE 5. COMMITTEE TO STUDY ANNUAL REPORT AND USE OF ELECTRONIC BULLETIN
BOARD CS) TO PROVIDE INFORMATION TO CITIZENS OF NORTH ANDOVER. To see if the Town
will vote to extend the time within which the committee shall make its report,
under the provisions of Article 46, as voted at the Annual Town Meeting of May,
1994, until the May, 1996, Annual Town Meeting.
O I~ Robert Ercolini
and
Others
Board of Selectmen Recommendation: Favorable Action.
ARTICLE 6. AUTHORIZATION TO TRANSFER UNEXPENDED FUNDS. To see if the Town
will vote to transfer unexpended balances of various articles to supplement other
previously appropriated articles or accounts.
O/~ Director of Finance & Administration
Board of Selectmen Recommendation: No Action.
Finance Committee Recommendation: No Action.
ARTICLE 7. FISCAL YEAR 1995 BUDGET TRANSFERS. To see what sums the Town
will vote to transfer into various line items of the Fiscal Year 1995 operating
budget from other line items of said budget, as follows:
8
Transfer From:
General Government Total Personnel Services
Interest on Short-Term Debt
$ 80,000
86,000
being the sum of $ 166,000.
Transfer To:
General Government - Total Expenses
Public Safety Total Personnel Services
Division of Public Works Total Expenses
Reserve Fund (ATM 5/94, Article #13)
12,500
67,500
59,000
27,000
being the sum of $ 166,000;
or to take any other action relative thereto. / _
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action.
Finance Co~unittee Recommendation: Favorable Action.
FINANCE COMMITTEE CO~4~ENT: It is difficult to determine in advance
precisely the amount of money that will be spent during the year on
every budget item. Municipal finance laws requires that Town
Meeting must vote to authorize transfers between salaries and
expenses within General Government Operating Divisions. The result
is that, as the end of the year approaches, certain excess funds and
shortfalls can be identified. This article transfers funds to
enable shortfall accounts to end the year in balance with the
budgeted amount.
ARTICLE 8. GENERAL APPROPRIATION ARTICLE FOR FISCAL YEAR 1996. TO see what
action the Town will take, as to the budget recommendations of the Finance
Committee for the fiscal year beginning July 1, 1995, and ending June 30, 1996;
or to take any other action relative thereto.
Board of Selectmen
Total Personnel Services
Total Expenses
Less Offsets
Notes:
FY96 FY96
Board of Finance
Selectmen Committee
Recommends Recommends
Actual Budget
1,332,247.52 1,649,260.00 1,656,891.00 1,656,891.00
645,073.94 698,974.00 656,574.00 656,574.00
(18,254.00) (19,643.OO) (21,935.00) (21,935.00)
Total Personnel Services
Total Expenses
FY94 FY95 FY96 FY96
Board of Finance
Selectmen Committee
Recommends Recommends
Actual Budget
3,672,385.62 3,781,331.00 3,899,689.00 3,899,689.00
317,223.77 352,507.00 343,385.00 343,385.00
Notes:
N. Andover Public Schools
Personnel Services
Expenses
Less PL874
Sub-total
FY94 FY95 I FY96 FY96
Board of Finance
Selectmen Committee
Actual Budget Recommends Recommends
12,256,984.62 13,401,731.00 13,827,026.00 13,827,026.00
3,472,676.70 3,696,197.00 4,268,802.00 4,268,802.00
0.00 0.00 0.00 0.00
15,729,661.32 17,097,928.00 18,095,828.00 18,095,828.00
Regional Vocational School
Other Expenses 107,889.00 105,879.OO 203,879.00 203,879.00
;Notes: North Andover Public Schools
~Departmental Request: (Charter requirement)
JTotal Personnel Services: 14,179,629.00
)Total Expenses: 4,268,802.00
Total - Request ~ ~
10
Total Personnel Services
Total Expenses
Less Offsets
Notes:
FY94 FY95 FY96 FY96
Board of Finance
Selectmen Committee
Recommends Recommends
Actual Budget
1,363, 375.87 1,401,832. O0 1,431,337. O0 1,431,337.00
2,587,598.13 2,726,844.00 2,847,554.00 2,847,554.00
( 101,682.33) (139,O00.00) (139,000.00) (139,000.00)
Retirement
Group insurance
Debt Service-Principal
Interest on Long Term Debt
Interest on Short Term Debt
Bond Issue Expense
Liability Insurance
FY94 FY95 FY96 FY96
Board of Finance
Selectmen Committee
Recommends Recommends
Actuals Budget
1,071,199.00 1,036,256.00 1,121,777.00 1,121,777.O0
1,986, 677.57 2,000,000. O0 2, O00, O00. O0 2,000,000. O0
2,040,000.00 1,495,000.00 1,968,225.00 1,968,225.00
1,327,292.50 1,185,830.00 1,404,265.00 1,404,265.00
141,045.87 487,859.00 959,819.00 959,819.00
0.00 70,000.00 70,000,00 70,000.00
368,985.00 334,000.00 334,000.00 334,000.00
Notes:
Total Personnel Services
Total Expenses
Less offsets
Less PL874
FY94 FY95 FY96 FY9B
Board of Finance
Selectmen Committee
Recommends Recommends
Actual Budget
21,682,870.20 23,270,410.00 23,936,720.00 23,936,720,00
11,007,784.91 11,153,090.00 13,056,503.00 13,056,503.00
(119,936.33) (158,643.00) (160,935.00) (160,935.00)
Notes:
FINANCE CO~ITTEE CO~ENT: Listed below is a brief summary on the
recommended balanced budget for Fiscal Year 1996:
O_Dera ting De_Dartments
School De~artmen$ - Additional $ 997,900 from Fiscal Year '95 in
order to maintain existing staff levels , fund negotiated collective
bargaining agreements, and additional staffing at the Sargent
School. This appropriation is approximately $ 300,000 in excess of
our "Net School Spending" requirement under the Education Reform
Law.
General Government o The budget provides funding for negotiated
collective bargaining agreements, and to provide for additional
staffing and utility costs at the Stevens Library. Salary
reductions from Fiscal Year '95 required eliminating a Jun/or
Accountant, full-time clerical support in the Town Clerk's Office
(both currently vacant), as well as part-time clerical support in
the Town Manager's Office and a part-time position in the Board of
Appeals. Expense budgets in other departments overall remain at
Fiscal Year '95 service levels.
~ - The Fixed Costs portion of the FY '96 budget overall
has increased primarily because of assessments by the Greater
Lawrence Vocational Technical School, Essex County Retirement, and
Debt Service (net of school construction reimbursement for the
Sargent School and the override funding to pay debt service on
Osgood Hill).
The Finance Committee has voted favorable on this recommendation and
strongly urges Town Meeting to adopt a balanced budget for Fiscal
Year 1996.
ARTICLE 9. SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1996. To see if the Town
will vote to raise and appropriate a sum of money to supplement the monies
appropriated under Article 8 of this 1995 Annual Town Meeting (General
Appropriat~e) as follows; School Department - Personnel Services in the
amount ~ 353,00~ General Government - Personnel Services in the amount of
$ 102,500; ~overnment - Other Expenses in the amount of $ 33,075; Public
Safety - Personnel Services in the amount of $ 32,925; Division of Public Works -
Personnel Services in the amount of $ 34,000; Division of Public Works Other
Expenses in the amount of $ 20,000; which sums in the total amount of $ 575,500
shall be contingent upon the approval by the voters of a general override of
Proposition 2 1/2, so-called, or take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action.
Finance Committee Recommendation: Favorable Action.
12
FINANCE CO~ITTEE CO~ENT: Of the $ 575,500, $ 353,000 for the
School Department will provide full funding for staffing and
instructional materials necessitated by the anticipated enrollment
increase in excess of 100 students. It will provide three classroom
teachers and one-half of a remedial reading teacher; staff one day
per week each in Art, Music, and Physical Education; Special
Education Staffing; instructional equipment and materials and
temporary summer help.
Teachers
Staff Art, Music, Phys Ed.
Special Education
Instructional Equipment
Temporary Summer Help
Total
$ 128,500
37,800
123,500
51,898
11.302
$ 353,000
The $ 222,500 would provide to keep the library open an additional
8 1/2 hours per week, as well as replacement coverage for vacation
and sick time -- strong demand has been expressed in the community
for more open hours, staff training and book purchases; part-time
clerical support in the Building Department for office coverage
during vacations and sick leave; 25% of a full-time patrolman's
salary, the balance coming from a federal grant; additional crossing
guards in conjunction with the opening of the Annie Sargent School,
and Police Department Training, vacation and sick fill-ins.
Further, it would provide for a additional summer employees for
parks and grounds maintenance owing to additional fields on Dale
Street, at the Cyr Recycling Center, and at the Sargent School;
Street Maintenance reflecting actual costs from Fiscal Year 1994~
overtime in con]unction with Saturday refuse collection on holiday
weeks; street lighting reflecting last year's actual and funding
towards paying for the 350th Anniversary Celebration next year.
General Government salaries in the amount of $ 72,500 will be
applied to part-time clerical support in the Town Manager's Office,
hiring a Junior Accountant and one clerical position, and
maintaining a part-time staff person in the Board of Appeals.
Funding of these positions will restore staffing to fiscal year 1995
levels.
Library Staffing
Library Staff Training & Books
Building Department - Clerical
Partial Patrolman's Salary
Crossing Guards
Police Training, Vacation, Sick
Town Buildings Custodian
Parks Summer Employees
Street Maintenance
Saturday and Holiday Refuse
Street Lighting
Town Manager - Salaries
Town Accountant Salaries
Treasurer/Collector Salaries
25,000
8,075
5,000
6,275
6,650
20,000
15,000
6,000
4,000
9,000
20,000
11,836
29,500
20,298
13
L¥
Appeals Salaries
350th Anniversary
Total
10,866
25,000
S 222,500
In approving this article, the Town would be adding to its tax base
for next year and subsequent years. The simple fact is that
Proposition 2 1/2 simply does not provide sufficient funds to keep
up with basic needs. We have had considerable new growth in the
past few years. This, along with tightened collection of back taxes
and fees has obscured this fact. Despite State Aid~ with labor
contracts averaging in excess of 2 1/2% per year, labor costs
require an increasing percentage of available revenues steadily
impacting -- reducing -- the amount of funds for other basic
necessary expenses. Further stressing the availability of funds in
the State mandate which requires the Town to appropriate a specific
minimum amount on education in North Andover. The net result is
that the tax base has to be raised just to provide a sufficient
level of funds to operate the Town. The $ 575,500 in this article
would be permanently added to the tax base and hence enable the Town
to raise more funds to meet pressing Town needs than it otherwise
would.
ARTICLE 10. ESTABLISHMENT OF A FACILITIES ACQUISITIONS/DEBT SERVICE RESERVE
FUND. To see if the Town will vote to raise and appropriate the sum of
$ 2,000,000.00 or any other sum, which said sum shall be contingent upon the
approval of the voters of a general override of Proposition 2 1/2, so-called, for
the establishment of a Facilities Acquisitions/Debt Service Reserve Fund. Said
fund is established in order to provide funding, within the tax levy, for debt
service or acquisition costs directly associated with design, renovation, new
construction and equipping from time to time to meet the needs of municipal
facilities, as authorized by Town Meeting; and further, to authorize the Board
of Selectmen to petition the legislature to establish this fund, if necessary,
as a permanent and restricted reserve fund and to provide for annual additions
thereto (appropriations) in the amount of the aforementioned override amount plus
2 1/2 % cumulative annual increments thereon or to take any other action relative
thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action.
Finance Committee Recommendation: Favorable Action.
FINANCE CO~ITTEE CO~ENT: "General" overrides are intended to
allow the voter to decide whether or not the community can increase
its taxing ability in excess of the limits of Proposition 2 1/2 to
provide additional funding for operating budgets. This type of
override is a permanent increase in the tax levy of the Town. For
major facility needs, a "debt exclusion" override is used to permit
the Town to raise by taxation the amount associated with the debt
14
service for the proposed project. The taxes raised for this purpose
end upon retirement of the bonds (typically over 20 years).
This article introduces a different approach in that it proposes a
"general" override to be used strictly to fund major facility
improvements, as authorized from time to time by Town Meeting. Each
year the Town would be required to fund $ 2,000,000, plus the annual
2 1/2% growth factor, into a "Capital Facilities Acquisition/Debt
Service Reserve Fund", without further appropriation. From the
fund, Town Meeting can appropriate funds either to pay for the
annual facility debt service or provide the necessary funds for
facility acquisition.
The Town has developed cash flow models which analyzed existing
needs, and has determined that $ 2,000,000 as a general override is
sufficient to address those needs over the next 10 years. (See
chart in supplemental information section at the back of the
warrant.) It is Town Meeting, however, that will decide which
projects will be authorized. There is also a provision which
provides a tax reduction if the Board of Selectmen and Finance
Committee determine the fund balance is in excess of identified
needs.
Special legislation would be needed to fully implement this plan if
the voters at both Town Meeting and at the election of May 8, 1995,
vote approval. This proposed legislation has been developed through
discussions with Town Counsel, Bond Counsel, and the Massachusetts
Department of Revenue, in order to insure the commitment of the Town
to the Capital Facilities Acquisition/Debt Service Reserve Fund. A
copy of the proposed legislation is enclosed in the supplemental
information section for review.
The immediate effect of passing this article would be to provide the
means of adding to and renovating the Middle School if this Article
is approved. It is strictly limited to capital projects such as the
just mentioned Middle School. Zf, and only if voted by Town
Meeting, this fund could service the cost of building a new fire
station, renovating the high school, renovating the Old Center Fire
Station, or such other capital projects, as Town Meeting would
choose, or not choose, to do each year. It absolutely could not be
used for the Operating Budget.
15
ARTIC~E 11. CAPITAL II~RO'~'/~S PLAN APPROPRIATION FOR FISCAL Y]~R 1996.
To see if the Town will vote to raise and appropriate, transfer from available
funds, or borrow under the provisions of the Massachusetts General Laws Chapter
44, the following sums of money or any other sum for the purposes listed below;
or to take any other action relative thereto.
Department Board of Finance
Project Department Selectmen Committee
Description Request Recommend Recon~nend
C.I,P. OPERATIONS
POLICE DEPART~T:
1. Mobile Computer Terminals
2. Operational Equipment
3. Interactive Firearms Training
4. Portable Radios
Subtotal Police
116,000 0 0
62,623 41,000 41,000
50,400 0 0
38,824 0 0
$ 267,847 $ 41,000 $ 41,000
FIRE DEPART~4ENT:
5. Replace AmbulanCe
6. 4-Wheel Drive Vehicle
Subtotal Fire
100,000 100,000 100,000
23,000 0 0
123,000 $ 100,000 $ 100,000
7. System Hardware/Software-School
8. System Hardware/Software-Municipal
Subtotal Technology
526,473 526,473 526,473
325,000 296,00Q 296.,000
$ 851,473 $ 822,473 $ 822,473
P~]BLIC WORKS:
9. Public Works Equipment
10. Road Improvement Program
11. Sidewalks/ADA Crossways
12. Water Main Rehab
13. Engineering-Subsequent Yr Water Pro
14. GAC Filter Replacement
15. Variable Freq. Pump Drive (WTP)
16. Raw Water Wet Well-Well Access
17. N. Main Street Relief - Sewer
18. Sewer System Ext. Phase 3 GPR
19. Sewer System Improvements I/I
20. Pumping Station Improvements
Subtotal Public Works
PI~%~TNG & ~~ SERVICES:
22. 4 Wheel Drive Vehicle
23'. Open Space Acquisition
Subtotal Planning & Comm. Dev.$
209 000
250 000
200 000
750 000
35 000
90 000
41000
10 000
700 000
1,500 000
500 000
30,000
$ 4,315,000
159,000
0
200,000
750,000
35,000
50,000
41,000
10,000
700,000
0
0
30,000
$ 1,975,000
159,000
0
200 000
750 000
35 000
50 000
41 000
10 000
700 000
0
0
30,000
$ 1,975,000
20,000 0 0
· 20.~.000 10,000 10,000
40,000 $ 10,000 $ 10,000
16
Department
Project
Description
Board of Finance
Department Selectmen Co~muittee
Request Recommend Recommend
ADMINISTRATION & FINANCE:
24. Town Clerk
Voting Machines
34,800 42,000 42,000
$ 34,800 $ 42,000 $ 42,000
Total Operations
$ 5,632,120 $ 2,990,473 $ 2,990,473
C.I.P. FACILITIES
SCHOOL DEPARTMENT:
25.
26
27
28
29
30
31
32
33
ADA Compliance
Replace Windows Franklin School
Lower Ceilings/Replace Lites-Thmsn
Parking Lots - (Ark, Frkln, Thmsn)
Replace Switchboard Breakers HS
Complete Roof Replacement HS
Repair/Refinish HS-Fieldhouse Floor
Replace Lockers-HS (Phase 2)
Corrective Drainage/Repaying @ HS
Subtotal Facilities $
213 100
137 500
14 800
81 000
22 000
202 500
26 000
47 000
37,000
780,900
213,100 213,100
137,500 137,500
14,800 14,800
0 0
22,000 22,000
202,500 202,000
26,000 26,000
47,000 47,000
37,000 37,000
$ 699,900 $ 699,900
PUBLIC WORKS:
, 34.
35.
36.
Building - Cyr Recreation Area
Dog Pound Cyr Recycle Center
Playfields Town-wide
Subtotal-Public Works
100,000 100,000 100,000
10,000 10,000 10,000
91,500 91,500 91,500
201,500 $ 201,500 $ 201,500
TOTAL - FACILITIES:
$ 982,400 $ 901,400 $ 901,400
GP~a/9I) TOTAL - C.I.P.:
PLANNING BOARD RECO~ENDATIONS:
CIP Operations:
$ 6,614,520
Public Works
Road Improvement Program
Sidewalks/Crossways
Water Main Rehab
North Main Street Sewer Relief
Sewer System Ext. Phase 3, GPR
Sewer System Improvements I/I
Pumping Station Improvemenus
$ 3 891,873 $ 3,891,873
Favorable Action.
Favorable Action.
Favorable Action.
Favorable Action.
Unfavorable Action.
Unfavorable Action.
Favorable Action.
Community Development & Services
Open Space Acquisition
Favorable Action.
Board of Selectmen
17
~J~Q~: In order to fund the items listed under the column,
"Finance Committee Recommend" a transfer will be needed to fund the
purposes listed below:
Item #2 Police Equipment
(Radars & Intoxilyzer)
$ 22,000
Item #27 - Lower Ceilings/Replace
Lights - Thomson
14,800
Item #29 - Replace Switchboard Breakers
High School
22,000
in the amount of $ 58,800 to be transferred from:
A TM AR T # / I T EM ~ AMOUNT
5/90 19/24 Kittredge School Roof 19,320.85
5/93 7/4 Town Clerk Computer System 7,929.00
5/91 12/22 Fuel Storage 3,860.70
5/88 Fire Station Study 8,326.80
5/90 9/10 Police Communications 75.00
5/91 12/5 Police Communications 258.52
5/92 8/1 Central Dispatch 2,316.16
5/92 8/4 Police Communications 1,334.35
5/92 8/6 Fire Exhaust 1,435.50
5/92 8/8 Fire Radio 794.74
5/92 8/25 DPW Trucks 16.97
5/93 7/30 DPW Trucks 1,785.00
5/94 9/21 Bldg. Inspector Auto 836.00
5/94 9/20 COA Van 347.00
5/94 8 Public Safety - Other Exp. 10,163.41
Further, t° raise and appropriate the balance needed to fully fund
Item #2, in the amount of $ 19,000, and to fund Items #9, 23, 24,
and 31 subject to an affirmative vote to override Proposition 2 1/2
for Capital Improvements in the amount of $ 256,000; and further, to
fund Item #5, a transfer from the Ambulance Replacement fund; and to
fund Items #7, 8, 11, 25, 26, 30, 32, 33, 34, 35, and 36 that the
Treasurer be authorized to borrow by the Board of Selectmen sUbject
to an affirmative vote of the aforementioned Proposition 2 1/2
override; and further, to raise and appropriate the sum of $ 50,000
for Item #14, and that the Treasurer be author/zed to borrow by the
Board of Selectmen in order to fund items 12, 13, 15, 16, 17, and
20.
ARTICLE 12. AUTHORIZATION TO RECONSTRUCT, REMODEL, AND CONSTRUCT ADDITIONS
TO THE NORTH ANDOVER MIDDLE SCHOOL. To see if the Town will vote to raise and
appropriate, the sum of $ 17,973,000 or any other sum to be expended under the
direction of the School Building Committee for the purpose of reconstructing,
remodeling and constructing additions to the North Andover Middle School,
18
zncluding any necessary designer services related thereto, including the
preparation of plans and specifications, and the purchasing of equipment and
furnishing therefDr; and that the School Building Committee be required to retain
the services of a qualified construction manager to oversee the project; and to
determine whether this appropriation shall be raised by borrowing or otherwise;
to replace and supersede the $ 260,715 borrowing authorization for planning
purposes voted under Article 9 at the 1994 Annual Town Meeting, and the $ 239,285
transfer voted under Article 32 at that meeting; and to authorize the Board of
Selectmen to petition the General Court for an act authorizIng interest on the
borrowing to be capitalized during construction, if necessary; or to take any
action relative thereto.
Board of Selectmen
School Committee
Finance Committee
Board of Selectmen Recommendation: Favorable Action.
Finance Committee Recommendation: Favorable Action.
EXPLANATION: The Middle School is currently at capacity° Within
the next five years an additional 300 students who are now enrolled
in the elementary schools will be moving forward into the Middle
School. When completed, this project will include a new library, a
new physical education/multi-purpose area, as well as new and
renovated technology, fine arts and classroom spaces for 1,200
students. Additionally, renovations and replacements will be made
to all electrical, plumbing, heating and ventilation systems. The
Veteran's Auditorium and the kitchen will be modernized.
Accessibility and life safety codes will be brought up to
compliance.
The enrollment increases that we will experience beginning this
September, necessitate the additional space in order to maintain a
sound educational program for the Middle School students. Detailed
information on the Middle School project can be referred to in the
supplemental information section at the back of the warrant.
BOARD OF SELECTMEN COGENT: The Board of Selectmen's and the
Finance Committee's favorable recommendation on this article is
subject to an agreement reached by the School Committee, the Board
of Selectmen, and the Finance Committee at their joint meeting of
April 5, 1995. This agreement arrived at between the Boards was
that the Finance Committee and the Board of Selectmen would support
an appropriation for the Middle School Project without a 2 1/2
financing contingency with the understanding that the School
Committee and the School Building Committee has agreed not to commit
the expenditure of funds under the Middle School appropriation until
such time, as a source of funding for the project has been
identified. The purpose for moving the article, forward in this
manner is to allow the School Department to apply for School
Building Assistance funding prior to June 1, 1995.
19
FINANCE CO~4~ITTEE CO~O~4qT: We strongly endorse favorable action.
Filing by June I gets us in line for reimbursement at 63% of the
project cost. It is estimated that it will be at least the year
2001 before State funds become available. Both the size of the
project and the anticipated reimbursement make this project very
different from the Sargent School and impossible to finance out of
the yearly operating budget without significantly impacting the
availability of new revenues to fund the rest of Town government.
It does not mean the project will go forward; that can only happen
when the Selectmen certify that funds are available, and they have
to rely on information furnished them by the Finance Director to do
that. Zf Article 10 is approved, the Middle School project can move
ahead promptly. Information relative to this project can be found
in the supplemental information section at the back of the warrant.
ARTICLE 13. RENOVATION/ADDITION OF MIDDLE SCHOOL - APPROPRIATION OF
$ 17,973,000 BY CITIZEN'S PETITION. To see if the Town will vote to raise by
taxation, by transfer of available funds, by borrowing, or by any combination of
the foregoing and appropriate $ 17,973,000 or any other sum, to be expended under
the direction of the School Building Committee for the purpose of reconstructing,
remodeling, and constructing additions to the North Andover Middle School
including; any necessary design services related thereto, including the
preparation of plans and specifications; the purchasing of equipment and
furnishings, therefor; and the retaining the services of a qualified construction
manager to oversee the project, or to take any other action related thereto.
Barbara Hagerty and Others
Board of Selectmen Recommendation: Unfavorable Action.
Finance Committee Reco~mnendation: Unfavorable Action.
F~nance Committee Comment: We strongly recommend unfavorable
action. While the effect of passage of this article would not be
felt until July 1, 1996, the impact beginning then would be
devastating. The chart below clearly illustrates this point.
ALLOCATION OF NEWREVENUES (PROJECTED)
FUNDING MIDDLE SCHOOL PROJECT WITHIN TAX LEVY
(O00'S OMITTED)
ANNUAL REVENUE GROWTH*
3 YEAR AVERAGE
INCREASED APPROPRIATION LEVEL
TAX SUPPORTED DEBT
(Through FY '96 Projects)
$1,516 $1,516 $1,516 $1,516
( 300) ( 300) ( 300)
2O
ADDITIONAL FUNDING REQUIRED
TO DEBT SERVICE(Includes Middle
School Projected Debt)
( 551) (1.414) (1.268) (1,776)
NET AVAILABLE NEW REVENUES
TO FUND OPERATING BUDGETS
S 665 (S 198) ($ 52) ($ 260)
*Exclusive of non-recurring revenue sources or future successful
overrides.
ARTICLE 14. ACQUISITION FOR A YOUTH CENTER FACILITY. 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 sum of
$ 450,000 or any other sum for the purpose of acquiring a building and land
located at 400 Osgood Street to be used as a Youth Center facility; to aut,horize
the Town Manager with the approval of the Board of Selectmen to enter any
contract or to take any other action necessary to carry out the purpose of tkis
project, and to authorize the Town Manager or his designee to apply for and
expend any federal or state grants, accept donations or other assistance for this
project; and to determine whether this appropriation shall be raised by borrowing
or otherwise; and to authorize the Board of Selectmen to petition the General
Court for an act authorizing interest on the borrowlng to be capitalized during
construction, if necessary; or to take any action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action.
Finance Committee Recommendation: Favorable Action.
Planning Board Recommendation: Favorable Action.
FINANCE CO~4ITTEE COA~IENT: $ 450,000 is determined to be the
optimum amount needed to acquire the building and land on Osgood
Street between the Division of Public Works and the High School. It
is anticipated that a considerable amount will come from grants and
fund raising efforts to minimize the borrowing needs for
acquisition. The need for this facility has been strongly attested
to by the Director of Youth Services, as well as numerous other
citizens.
ARTICLE 15. RENOVATION AND CONSTRUCTION FOR A YOUTH CENTER FACILITY. 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 sum of $ 1,500,000.00 or any other sum for the purpose of necessary designer
services, renovations of and reconstruction to an existing building to be used
as a Youth Center facility, including the purchasing of equipment and furnishings
therefore; to authorize the Town Manager with the approval of the Board of
Selectmen to enter any contract or to take any other action necessary to carry
out the purpose of this project, and that the Town Manager be required to retain
21
the services of a qualified construction manager to oversee the project, and to
authorize the Town Manager or his designee to apply for and expend any federal
or state grants, accept donations or other assistance for this project; and to
determine whether this appropriation shall be raised by borrowing or otherwise;
and to authorize the Board of Selectmen to petition the General Court for an act
authorizing interest on the borrowing to be capitalized during construction, if
necessary; provided, however, that no debt shall be incurred under this vote
until the Town votes to exempt from the limitations on total taxes imposed by
Massachusetts General Laws Chapter 59, Section 21C (Proposition 2 1/2) amounts
required to pay the principal of and interest on debt incurred under this vote,
said exemption to apply to those principal and interest payments less any receipt
of any donations, federal and state grants, if any; or to take any action
relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action.
Finance Committee Recommendation: Favorable Action.
FINANCE CO~4ZTTEE COF~4F2~: Servicing the $ 1,500,000 would come
from Article 10, if approved.
ARTICLE 16. CONSTRUCTION OF A FIRE STATION. 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 sum of $ 1,070,000.00
or any other sum to be expended under the direction of the Town Manager with the
approval of the Board of Selectmen for the purpose of constructing and equipping
of a Fire Station, on Osgood Street, to replace the existing Fire Station located
on Main Street, including any necessary designer services related thereto,
including the preparation of plans and specifications; and to authorize the Town
Manager to enter into any contracts or to take any other action necessary to
carry out the purpose of this project, and that the Town Manager be required to
retain the services of a qualified construction manager to oversee the project,
and to authorize the Town Manager or his designee to apply for and expend any
federal or state grants or other assistance for this project, and to determine
whether this appropriation shall be raised by borrowing or otherwise; to replace
and supersede the $ 270,000 borrowing authorization voted under Article 9 at the
1994 Annual Town Meeting; and to authorize the Board of Selectmen to petition the
General Court for an act authorizing interest on the borrowing to be capitalized
during construction, if necessary; provided, however, that no debt shall be
incurred under this vote until the Town votes to exempt from the limitations on
total taxes imposed by Massachusetts General Laws Chapter 59, Section 21C
(Proposition 2 1/2) amounts required to pay the principal of and interest on debt
incurred under this vote, said exemption to apply to those principal and interest
22
payments less any receipt of any federal and state grants and other assistance,
if any, or to take any action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Unfavorable Action.
Finance Committee Recommendation: Favorable Action.
FINANCE COM~ITTEE COF~fENT: We recommend favorable action. While
acknowledging there is no perfect site for relocating the Main
Street Fire Station, we feel compelled to agree with the
recommendation of the Fire Chief and the Town Manager, which
concludes that response times and downtown coverage can be
maintained at a site other than Main Street. From a cost effective,
as well as a service effective point of view, we recommend favorable
action.
ARTICLE 17. AUTHORIZATION TO FUND REPAIRS TO BEAR HILL AND SUTTON HILL
STORAGE TANKS BY A TRANSFER OF FUNDS FROM OTHER AVAILABLE UNEXPENDED FUNDS. To
see if the Town will vote to transfer $ 95,888.00 to Article 8, Item 28 (Bear
Hill Storage Tanks) and to transfer $ 94,065.00 to Article 8, Item 29, (Sutton
Hill Storage Tanks) of the 1992 Annual Town Meeting, from the unexpended balances
of:
1987 Annual Town Meeting, Article 36, Water Mains
1991 Annual Town Meeting, Article 12, Section 27 - Water Mains
1992 Annual Town meeting, Article 8, Section 31,
Phase 2 Sewer Great Pond Road
$ 110,043.52
25,000.00
54,909.48
being a sum total of $ 189,953; or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action.
Finance Committee Recommendation: Favorable Action.
Planning Board Recomm%endation: Favorable Action.
EXPLANATION: The funds requested for transfer will be used to
complete the work at both the Sutton Hill and Bear Hill Reservoirs.
Work which remains to be completed includes installation of a fence
at Sutton Hill and improvements to the site grading, drainage
system, and access road at Bear Hill. Completion of the
improvements on the reservoirs are conditions of approval required
by the Massachusetts Department of Environmental Protection. The
Bear Hill Reservoirs must remain out of service until all conditions
specified in their approval have been satisfied.
23
The reservoir projects were advertised for competitive bids three
times before an acceptable bid was received within the funds
available. That was accomplished by reducing the scope of the
project to lower the cost. A reduced scope contract was awarded to
the iow bidder in August, 1994, and the project is currently nearing
completion. Work accomplished includes improvements to inlet and
outlet structures and installation of new covers at the Sutton Hill
Reservoir; and reconstruction of the earth basins, installations of
new liners and covers, and installation of a pumping system at the
Bear Hill Reservoir.
FINANCE CO~4ITTEE CO~NT: Strong approval is given to this
article. With over $ 1,000,000 already expended on these projects,
only $ 190,000 is required to complete them. Once completed, DEP
certification is expected. This article does not involve the
raising of additional funds. Funds needed will come solely from
transfers of excess funds in completed projects. A cast analysis is
provided in the supplemental information section at the back of the
warrant.
ARTICLE 18. LEASE AGREEMENT FOR USE AND OCCUPANCY OF THE TEXTILE MUSEUM
FOR MUNICIPAL OFFICES. To see if the Town will vote to authorize the Town
Manager, with the approval of the Board of Selectmen, to enter into a lease or
in the alternative, a lease with a purchase option agreement, which option shall
only be exercised with the approval of Town Meeting, for a term in excess of
three years for the purpose of leasing approximately 24,000 square feet of office
space for use, as Town Hall Administrative offices; or take any other action
relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Unfavorable Action.
Finance Committee Recommendation: Favorable Action.
FINANCE CO~4ITTEE CO~: The lease arrangement in the first year
has no budgetar~impact in fiscal year 1996, since the first payment
would be due after July, 1996. To justify the expense involved in
making this the new Town Hall, a long-term lease would be
negotiated. Moving Town Hall to the Old Center would not result in
commercial development around it for the area is classified as part
of the Historical District. Moving here would make available the
current Town Hall for lease as commercial or retail space. The
Planning Department has been meeting with local developers exploring
alternative end uses for the existing Town Hall on Main Street. So
as not to inconvenience residents in the downtown area, a small
satellite office would be provided downtown at a cost not considered
significant.
See Supplemental Information for an outline of proposed lease terms.
24
ARTICLE 19. AMEND APPROPRIATION FOR TOWN HALL RENOVATION FUNDS TO
AUTHORIZE RENOVATION OF THE TEXTILE MUSEUM FOR MUNICIPAL OFFICES. To see if the
Town will vote to amend the vote of Article 9, Item 30, of the May 2, 1994,
Annual Town Meeting in the sum of $ 500,000 for the purpose of an
Addition/Renovation to Town Hall (including design and equipping) by amending the
purpose of the appropriation to be, as follows:
That sum of $ 500,000 be expended under the direction of the Town
Manager, with the approval of the Board of Selectmen, for the
purpose of renovating, equipping, and furnishing the Museum of
American Textile History building on Massachusetts Avenue., in order
to use and occupy said location for Town Hall offices, or to take
any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Unfavorable Action.
Finance Committee Recommendation: Favorable Action.
FINANCE CO~ITTEE COF2~ENT: The 1994 Annual Town Meeting
appropriated $ 500,000 for ADA accessibility to and partial
renovation of the existing Town Hall. This article would shift the
authorization to the proposed Town Hall in the vacated Textile
Museum building. It appears that the work necessary to be done to
give the Town 2 1/2 times, as much space as it has now, can be done
for considerably less than $ 500,000 which would be a cap on what
could be expended, not a mandate that that much be spent.
ARTICLE 20. AMEND SOURCE OF FUNDING ON CAPITAL IMPROVEMENTS PLAN
APPROPRIATION FOR FISCAL YEAR 1995. To see if the Town will vote to amend the
vote of Article 9 of the May 2, 1994, Annual Town Meeting by deleting the
following from the bonding authorization:
Item 8, Public Works Equzpment
Item 20, Council on Aging 12 Passenger Van
$ 216,500
23,000;
and by reducing the authorization to borrow from $ 6,504,815 to $ 6,265,315 and
adding after "Massachusetts General Laws" the following: "and to transfer the
sum of $ 239,500 from the Capital Improvements Reserve Fund to provide for the
funding for Items 8 and 20."
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action.
Finance Committee Recommendation: Favorable Actmon.
FINANCE CO~ITTEE CO~4ENT: Favorable Action simply changes the way
Items 8 and 20 are paid for from long-term bonding to cash. This
eliminates the interest that would have had to be paid to finance
25
these items, freeing up future revenues for other needs. The items
have already been purchased. After this transfer, the Capital
Improvements - Reserve Fund would have a balance of approximately
$ 108,500.
ARTICLE 21. AMEND AUTHORIZATION TO BORROW - VARIOUS ARTICLES. To see if
the Town will vote to reduce authorizations to borrow as originally voted under
various articles and currently unissued, said authorization to borrow under
Massachusetts General Laws Chapter 44, Section 7(3) to be reduced in the amount
of $ 29,600.00 or to take any action relative thereto.
Director of Finance
Board of Selectmen Recommendation= Favorable Action.
Finance Committee Recommendations Favorable Action.
FINANCE COA~4ITTEE CO~4~T: At the May, 1994, Am_nual Town Meeting,
authorization in the amount of $ 29,600 was voted to repair and
retrofit the existing ozone system at the Water Treatment Plant. AS
the Town evaluated the scope of work and after discussions with the
manufacturer, it was determined not to be cost effective to repair
the system but to move forward with the installation of the new
ozone generator, which was also voted at last year's Annual Town
Meeting. This action rescinds the authorization of the $ 29,600
since it is no longer necessary for this purpose.
ARTICLE 22. AUTHORIZATION OF MASSACHUSETTS GENERAL LAWS CHAPTER 90 -
HIGHWAY FUNDS. To see if the Town will vote to appropriate $ 608,648.00 for
Massachusetts General Laws Chapter 90, Road Repairs, and to meet the funding of
the Article, allow the Treasurer, with the approval of the Board of Selectmen,
to borrow $ 608,648.00 of Chapter 90, Highway Funds, in anticipation of State
reimbursement under Massachusetts General Laws Chapter 4, Section 6A.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action.
Finance Co=~ittee Recommendation~ Favorable Action.
Planning Board Recommendation: Favorable Action.
FINANCE CO~4~ITTEE CO~4ENT: Favorable action is necessary to receive
state funds. The $ 608,648 has been committed by the State and is
paid to the Town on a reimbursement method once the work is
completed. The funds are permitted to be expended for maintenance
and construction only on Town accepted roads.
26
ARTICLE 23. RESERVE FUND. To see if the Town will vote to raise and
appropriate $ 75,000 to fund the Reserve Fund; or to take any other action
relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: The Board recommends that $ 50,000 be raised
and appropriated for the purposes of the article.
Finance Committee Recommendation: Favorable Action.
FINANCE COM~ITTEE COb~4ENT: In view of extremely tight budgeting
and with year-end fund balances becoming smaller and smaller,
maintaining a level of $ 75,000 is considered an absolute minimum.
Funds from this Reserve Fund can only be used to meet emergencies or
unforeseen expenditures.
ARTICLE 24. AUTHORIZATION TO APPLY FOR GRANTS FOR STEVENS MEMORIAL
LIBRARY. To see if the Town will vote to authorize the Trustees of the Stevens
Memorial Library to apply for and accept any federal or state grants which may
be available for the Library Addition/Renovation project, or take any other
action relative thereto.
Library Board of Trustees
Board of Selectmen Recommendation: Favorable Action.
Finance Committee Recommendation: Favorable Action.
FINANCE COM~ITTEE COMF~NT: Favorable action is required by Statute
to enable the Library to legally accept any grant funds, which we
are eligible to receive as partial reimbursement of cost attributed
to the library reconstruction and addition. The Library Board of
Trustees has submitted a grant application for this purpose.
ARTICLE 25. EXPENDITURE OF GRANT FUNDS. To see if the Town will vote to
authorize the Town Manager subject to the approval of the Board of Selectmen to
apply for, accept and enter into contracts from time to time for the expenditure
of any funds allotted to North Andover by the Commonwealth of Massachusetts or
the U.S. Government under any State or Federal grant program; or to take any
other action relative thereto.
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Board of Selectmen
Favorable Action.
Favorable Action.
FINANCE COMMITTEE CO~4~ENT: This article authorizes Town Officials
to apply for and to accept Federal or State grants that might become
available during the coming fiscal year. Without Town Meeting
27
authorization, some grants could be lost or jeopardized due to the
delays resulting from the necessity of calling a Special Town
Meeting or waiting for the next Annual Town Meeting for approval.
ARTICLE 26. WETLANDS FILING FEES ACCOUNT. To see if the Town will vote
to appropriate a sum from the Wetlands Filing Fees Account to be used by the
Conservation Commission in the performance of their duties under the Wetlands
Protection Act.
Conservation Commission
Board of Selectmen Recommendation= Favorable Action.
Finance Committee Recommendation: Favorable Action.
FINANCE CO~4NZTTEE CO~4ENT: Funds appropriated from this account
were accumulated from fees paid to the Town under the Wetlands
Protection Act. The Town has applied the use of these fees by
hiring a part-time employee in the Conservation Department to insure
compliance with the Act.
ARTICLE 27. AUTHORIZATION TO E~TER INTO INTERMUNICIPAL AGREEMENTS. To see
if the Town will vote to authorize the Board of Selectmen to enter into one or
more IntermunicipalAgreements pursuant to Massachusetts General Laws Chapter 40,
~ 4A, with other municipalities or districts for their use of the North Andover
Fire Safety Trailer for the provision of Fire Prevention and Safety Education
within such jurisdiction on such terms and conditions, as the Selectmen deem to
be in the best interests of the Town.
William V. Dolan, Fire Chief
Board of Selectmen Recommendation: Favorable Action.
ARTICLE 28. AUTHORIZATION TO ESTA]~LISH A REVOLVING FUND. To see if the
Town will vote to authorize a revolving fund under Massachusetts General Law
Chapter 44, Section 53 1/2, that may be spent by the Fire Chief without further
appropriation during FY 96 to pay salaries, expenses and contractual services
required to run an Intermunicipal Fire Prevention and Safety Program. The
revolving fund is to be credited with all fees received during FY 96 from other
municipalities or districts using the program. The Fire Chief, with the approval
of the Town ~anager, may be authorized to expend from this fund up to $ 10,000.00
for directly related program costs during FY 96.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action.
Finance Committee Recommendation: Favorable Action.
FINANCE CO~4~ITTEE CO~4MENT: This does not impact the budget. Funds
received from leasing out the trailer to other communities would be
28
paid into this fund and would be the only funds available for direct
labor, maintenance and supplies pertaining to the trailer. There
has been substantial interest from other communities.
ARTICLE 29. AUTHORIZATION TO OPERATE OSGOOD HILL CONFERENCE CENTER. To
see if the Town will vote to authorize the use of a revolving fund for fiscal
year 1996, as established under Article 7 of the October 24, 1994, Special Town
Meeting for the purposes of operating the Osgood Hill Conference Center, pursuant
to Massachusetts General Laws, Chapter 44, Section 53E 1/2; and that no funds
were collected or expended from said revolving fund during the period of
October 24, 1994, to December 31, 1994; and further all receipts relating to the
operation of the Conference Center including, but not limited to seminars,
conferences, and functions, will be credited to the revolving fund; and that no
expenditure be made from the revolving fund without the authorization of the Town
Manager, and that the total expenditures charged to the revolving fund will not
exceed $ 215,000 to include all directly related operating expenses, including
salaries, goods and services, capital improvements, and other expenses in fiscal
year 1996 or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action.
Finance Committee Recommendation: Favorable Action.
FINANCE CO~ITTEE COMMENT: This is a continuation of the fund
established at a Special Town Meeting and election last October,
when it was voted to purchase Osgood Hill. It is necessary to
reauthorize it each fiscal year. The restraints detailed in the
article are self-explanatory and should provide proper control over
the revolving fund. By law the amount that can be set aside for the
total of all revolving funds is 1% of the tax levy.
ARTICLE 30. SENIOR CITIZEN AND DISABLED HOMEOWNERS TAX RELIEF PROGRAM.
To see if the Town will vote to raise and appropriate or transfer from available
funds, the sum of $ 10,000 to be added to funds previously appropriated under
Article 8, as General Government Total Expenses for the purpose of providing
senior citizens and disabled homeowners with a real estate tax payment voucher
program pursuant to an agreement to be formulated by the Council on Aging and
approved by the Town Manager or to take any other action related thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action.
Finance Committee Recommendation: Favorable Action.
FINANCE COb~4ITTEE COMMENTS: We recommend approval and that funding
be provided in the operating budget, Article 8. This would enable
Senior Citizens to do Town work for up to $ 500.00 of their Town tax
bills. It would be administered by the Director of the Senior
Center.
29
ARTICLE 31. ACCEPTANCE OF MASSACHUSETTS GENERAL LAWS CHAPTER 30B,
SECTION 12B REC~ARDING THE AWARDING OF CONTRACT EXCEEDING THREE YEARS. To see if
the Town will vote, in accordance with the provisions of Massachusetts General
Laws Chapter 30B, Section 12 B, to authorize the Town Manager in his capacity,
as Chief Procurement Officer, with the approval of the Board of Selectmen, to
solicit and award contracts exceeding three years, including renewal, extension
or option, provided in each instance the longer term is determined to be in the
best interest of the town.
Board of selectmen
Board of Selectmen Recommendation: Favorable Action.
Finance Committee Recommendation: Favorable Action.
FINANCE CO14~ITTEE CO~(ENT: Under Massachusetts General Laws, the
Town cannot enter into any contract or lease in excess of three
years without the approval of Town Meeting. This article will
permit the Board of Selectmen to authorize the Town Manager to sign
agreements in excess of three years, if the Board of Selectmen deem
it is to the advantage of the Town to do so. It is proposed so as
to enhance efficiencies in management decision making.
ARTICLE 32. AMENDMENT OF PERSONNEL BYLAW. To see if the Town will vote
to adopt the following amendments to the Town of North Andover Personnel Bylaw,
as previously adopted at the May, 1992, Annual Town Meeting and further amended
at the May, 1993, and May, 1994, Annual Town Meetings.
A. SECTION 2. DEFINITIONS: * Delete the following definitions:
Permanent Employee: An employee retained on a continuing basis in a
permanent position.
Permanent Employment: Employment for the Town, which has required or
which is likely to require the services of an incumbent without
interruption for a period of more than six calendar months, either on a
full-time or part-time employment basis.
B. SECTION 6. TERMINATION NOTICES: * Delete from Paragraph (A) in the second
sentence the word "permanent" and replace with "full-time", so that the
amended second sentence will read, as follows:
"After the probation period, the employee shall be considered a full-time
employee of the Town."
C. SECTION 10. COMPENSATION PLAN: * Amend Paragraph (D) to read, as follows:
(D) An employee in continuous full-time or part-time employment shall be
eligible to receive a merit increase, as follows:
l)
2)
3)
After completion of six months at the minimum entrance rate.
Thereafter one year from the date of his or her previous
increase.
The increase in rate which this increment represents must be
3O
recommended by the employee's department head and approved by
the Town Manager.
(4) The increase shall be based on performance of the employee
during the preceding six-month or twelve-month period and not
solely on length of service.
* Delete the following paragraphs:
(E) An employee in continuous part-time employment shall be eligible to
receive the increment between his or her present rate and the next
higher step rate at such time as recommended by his or her
department head and approved by the Town Manager, not earlier than
following the completion of six months at his or her entrance rate
and not earlier than following the completion of one year at any
higher rate.
(H) An employee receiving a promotion to a vacant position or to a new
position, as defined in Section 4 (C): "Classification Plan" shall,
upon assignment resulting from such promotion, receive the rate in
the compensation grade of the vacant or new position next above his
or her existing rate. If the resulting adjustment does not equal
$100.00 for a position class assigned to Schedule B-1 or $.05 for a
position class assigned to Schedule D, the adjustment shall be to
the second rate above the existing rate but within the compensatIon
grade of the vacant or new position.
(I)
*
D.
* Delete
SCHEDULE A -
DIVISION/GRADE
General Government Town Manager
Administrative Assistant to the Town Manager
Administrative Secretary to the Town Manager
The employee receiving a promotion and adjustment in rate pursuant
to the provismons of the preceding sub-section shall receive the
next increment of his or her compensation grade effective following
completion of six months at the rate reSulting from the promotion.
Reletter the remaining paragraphs of Section 10 as, "A through E".
SECTION 12. POSITION CLASSES. WAGES. ETC.:
The existing Schedule A and replace with the following amended
schedule.
CLASSIFICATION OF POSITIONS BY DIVISION AND COMPENSATION
GRADE/SCHEDULE
COMPENSATION/OR SCHEDULE
Appt.
S-14
S-7
Administration and Finance Finance Director
Assistant Finance Director/Controller
Assistant Treasurer
Town Assessor
Field Appraiser/Assistant Assessor
Board of Assessors - Chairman
Appt.
S-20
S-14
S-21
S-15
Misc.
31
Board of Assessors - Part-Time
Town Clerk
Registrar of Voters - Town Clerk
Registrar of Voters - Part-Time
Town Accountant
Junior Accountant
Personnel/Permits Manager
Public Safety Fire Chief
Deputy Fire Chief
Police Chief
Police Lieutenant Exec6tive Officer
Community Service Officer
Dispatchers
Dispatch Supervisor
Police Matron
Police Reservists
School Crossing Guards ~ Part-Time
Civil Defense Director - Part-Time
Public Works
Director of Public Works
Assistant Director of Public Works
Operations Supervisor
Staff Engineer
Vehicle Maintenance Dept Head (Combined)
Water Treatment Plant Superintendent
Asst. Water Treatment Plant Superintendent
Municipal Summer Employees (Public Works)
Municipal Summer Employees (Recreation Department)
Bathing Beach Lifeguards
Bathing'Beach Supervisor
Bathing Beach Assistant Supervisor
Water Analyst
Community Development and Services
Director of Community Development & Services
Natural Resource/Land Use Planner
Town Planner
Inspector of Buildings
Assistant Building Inspector
Gas Inspector/Plumbing Inspector - Part-Time
Electrical Inspector - Part-Time
Sealer of Weights and Measures
Animal Inspector - Part-Time
Junior Environmental/Health Inspector
Administrative Assistant to Division Director
Human Services
Public Health Administrator
Food Sanitation Inspector
32
Misc.
S-17
Misc.
Misc.
S-20
S-15
S-17
Appt.
F-DEP
Appt.
S-22
SP
Disp
Disp-Supv
Misc.
Misc.
Misc.
Misc.
Appt.
S-22
S-21
S-20
S-13
S-22
S-20
Misc.
Misc.
Misc.
Misc.
Misc.
S-15
Appt.
S-17
S-19
S-21
S-16
Misc.
Misc.
Misc.
Misc.
S-9
S-14
S-20
S-17
Public Health Physician - Part-Time
Board of Health Part-Time
Sanitary Health Inspector
Health Agen~
Public Health Nurse
Director of Elder Services
Council on Agin~ Outreach Worker
Council on A~in~ Bookkeeper
Youth Service Director
Youth Service Worker
Library Director
Assistant Library Director
Veterans' Grave Officer
SCHEDULE B-1 - COMPENSATION PLAN (As Amended 5/93)
* Delete the Following Schedule:
Compensation
Grade Min
II III IV MAX
S-4 8.74 9.11
S-5 9.01 9.35
S-6 9.40 9.73
S-7 9.81 10.15
S-8 10.18 10.59
S-9 10.64 10.84
S-10 11.10 11.51
S-Ii 11.59 12.00
S-12 12.08 12.51
S-13 12.60 13.06
9.40
9 67
10 09
10 53
10 93
11 41
11 89
12.42
12.96
13.54
* Add the Following Schedule:
Compensation
Grade Min.
Max.
S-4
S-5
S-6
S-7
S-8
S-9
S-10
S-ii
S-12
S-13
8 74
9 01
9 40
9 81
10 18
10 64
11 10
11 59
12.08
12.60
10.78
11.09
11.55
12.03
12.53
13.07
13.64
14.24
14.87
15.54
9.73
10.00
10.40
10.93
11.34
11.80
12.33
12.86
13.43
14.03
Misc.
Misc
S-19
S-17
Misc.
S-21
S-6
Misc.
S-21
S-9
S-21
S-18
Misc.
10.06
10.35
10.78
11.23
11.70
12.20
12.74
13.29
13.88
14.50
33
SCHEDULE B-2 - COMPENSATION PLAN (As Amended 5/93)
* Delete the Following Schedule:
S-14
S-15
S-16
S-17
S-18
S-19
S-20
S-21
S-22
24 787
25 871
27 031
28 492
30 031
31 635
33 354
39,388
45,689
25,723
26,844
28,042
29,573
31,189
32,866
34,668
40,586
47,080
26 657
27 819
29 091
30 662
32 345
34 106
35 983
42 157
48 903
27 599
28 832
30 141
31 772
33 485
35 347
37 291
43 537
50 503
28 566
29 845
31 189
32 866
34 668
36 577
38597
44922
52111
* Add the Following Schedule:
Min. Max.
S-14
S-15
S-16
S-17
S-18
S-19
S-20
S-21
S-22
24 787
25 871
27 031
28 492
30 031
31 635
33 354
39 388
45 689
30,600
31,970
33,410
35,206
37,i36
39,181
41,345
48,121
55,821
SCHEDULE C - POLICE DEPARTMENT (AS Amended 5/93) (Non-Union)
* Delete the Following Schedule:
S-P 9.04 9.28 9.65 10.00
PS-DISP 9.48 9.81 10.17 10.57
PS-DISP. SUPV. 11.69 12.10 12.54 12.99
P.Lt.- EO
10.32
10.85
13.42
46,307.00/yr
* Add the Following Schedule:
S-P 9.04 11.05
PS-DISP 9.48 11.62
PS-DISP. SUPV. 11.69 14.38
SCHEDULE D - FIRE DEPARTMENT (NON-UNION EMPLOYEES)
* Delete the Following Schedule:
Min. II III Max.
Deputy Fire Chief 40,385.33 43,041.29 45,701.23 48,683.38
34
* Add the Following Schedule=
Min. Max.
Deputy Fire Chief 43,261.00
54,000.00
SCHEDULE E MISC. COMPENSATION SCHEDULE FOR PART-TIME POSITIONS
* Delete Present Schedule and Adopt Proposed Compensation Schedule:
CLASS TITLE
PRESENT
PROPOSED
COMPENSATION
Animal Inspector $ 300.00/MONTH $ 300.00/Month
Civil Defense Director 41.99/WEEK 43.67/Week
Gas Inspector/Plumbing Inspector 13.33/HOUR 13.86/Hour
Library Page Min 4.48; Step II 4.76; Step III 5.05/HOUR 4.66-5.25/Hour
Bathing Beach
Bathing Beach
Bathing Beach
Municipal Summer Employees' (PW)
Police Matron
Public Health Physician
Public Health Nurse
Board of Health
Registrar of Voter
Registrar of Voters-Town Clerk
Reserve Patrolman
School Crossing Guard
Sealer of Weights and Measures
Electrical Inspector
Veterans Grave Officer
Board of Assessors Chairman
Board of Assessors
Recreation Director
Bookkeeper Council on Aging
Bathing Beach/Gate Attendants
Lifeguard - 40 Hours 334.71/WEEK
Supervisor - 40 Hours 425.42/WEEK
Assistant Supervisor 374.93/WEEK
W-1 MIN -0.25/HOUR
10.21/HOUR
1,200.00/YEAR
20.00/HOUR
700.00/YEAR
720.08/YEAR
800.12
10.21
7.30
215.63
13.33
400.00
4,000.00/YEAR
3,000.00/YEAR
8,000.00/YEAR
950.00/YEAR
/YEAR
/HOUR
/HOUR
/MONTH
/HOUR
/YEAR
Municipal Summer Employees (Recreation Dept.)
356.00-378.00/Week
468.36/Week
417.02/Week
W-1 MIN LESS .25/Hour
10.62/Hour
1,200.00/Year
20.00/Hour
700.00/Year
720.08/YEAR
800.12/Year
10.62/Hour
7.59/Hour
215.63/Month
13.86/Year
400.00/Year
4,000.00/Year
3,000.00/Year
8,000.00/Year
1,500.00/Year
5.25-5.75/Hour
7.00-8.33/Hour
E. SECTION 13, INITIAL APPLICATION OF THE COMPENSATION PLAN
* Delete the following paragraphs.
(B)
The rate of each employee occupying a position, the compensation of
which is provided for in Schedule B-i, B-2, or C, of Section 10:
"Position Classes", shall be adjusted to the step-rate in the range of
compensation grade to which his or her position has been allocated next
above his or her existing rate.
(C) If the adjustment so determined in the case of a full-time employee is
less than $100 for the ensuing 12 months, the employee's rate shall be
35
moved to the second step above the existing rate but within the salary
range for the position as set forth in Section 10: "Position Classes"
(D)
The rate of each employee occupying a position, the compensation of
which is provided for in Schedule C of Section 10: "Position Classes"
shall be adjusted to the rate for his or her position class as set forth
in this By-Law.
* So that the amended Section 13 reads, as follows:
(A)
Any amendment of this By-Law providing for a change in salary and wage
rates shall take effect, if adopted at the Annual Town Meeting, in the
following July 1, and if adopted at a Special Town Meeting shall take
effect on the first day of the month next following such meeting.
(B)
If an employee's rate at the time of the adoption of this Bylaw is in
excess of the maximum rate set forth in his or her appropriate
compensation grade in Schedule B-i, B-2, C, D, or E, or is in excess of
the rate set forth for his or her position class in Schedule .C of
Section 10: "Position Classes"., this rate shall not be reduced but
shall become a personal rate only to said employee, as defined in
Section 2: "Definitions".
c)
The adjustments provided for in this section shall be subject to the
availability of appropriated funds.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action.
Finance Committee Recommendation: Favorable Action.
FINANCE COF~ITTEE CO~ENT: This article will keep the current
classification wage rates for non-un/on employees the same, as it
currently exists but will eliminate intermediate steps in grade and
establish somewhat higher top limits in salary range. What this
does is to provide management with greater flexibility in rewarding
fine performance and hence encourage better performance.
/ ARTICLE 33. DESIGNATION OF A JOINT ECONOMIC TARGET AREA. To see if the
Town will vote to approve the inclusion of the Town of North Andover in its
entirety, known as U.S. Census Tracts 2531, 2532.01, 2532.02, 2532.03, 2532.04
as part of the City of Lawrence Economic Target Area, to be amended by and
subject to the approval of the North Andover Board of Selectmen, the Lawrence
City Council and the State EconomicfAssistance Coordinating Council.
Kenneth Mahony, Dir., Comm. Dev. & Svcs.
Board of Selectmen Recommendation: Favorable Action~
Planning Board Recommendation: Favorable Action.
36
ARTICLE 34. CONVEYANCE OF LAND ON STEVENS AND PLEASANT STREETS. To see
if the Town will vote to authorize the Board of Selectmen to sell or otherwise
convey to Joseph W. Lawlor and Shirley Lawlor for consideration of One Dollar
($1.00) all the Town's right, title, and interest in and to a certain parcel of
land located at the corner of Stevens Street and Pleasant Street and being more
particularly described as Lot "A: on a plan entitled Plan of Land in North
Andover, Mass., drawn for Joseph & Shirley Lawlor" dated March, 1995, by
Merrimack Engineering Services, 66 Park Street, Andover, Mass, containing
9,850 square feet, more or less, according to said plan, which is on file in the
Town Clerk's Office until such time, as it is recorded in the Essex North
Registry of Deeds; or take any other action in relation thereto.
Joseph W. Lawlor and Others
Board of Selectmen Recommendation: Favorable Action (Subject to the petitioner
paying all cosus associated with the conveyance of the land.)
Planning Board Recommendation: Favorable Action.
ARTICLE 35. AMEND ZONING ORDINANCE, REZONING OF LAND IN THE VICINITY OF
GREAT POND ROAD AND PLEASANT STREET. To see if the Town will vote to amend the
North Andover Zoning Ordinance together with the Zoning Map to change from Ri and
R2 to R3, the premises South of Pleasant Street and North of Great Pond Road, as
further hereinafter described:
The land shown on Registered Land Plan Number 33537C filed with the North
Essex Registry of Deeds and shown on said plan, as lots 4 through 14 inclusive
and an unregistered parcel of land shown on said plan, as belonging to
Daniel J. Murphy, bounded as follows:
Southeasterly
Westerly
Northeasterly
Northeasterly
By the northwesterly line of Great Pond Road, 215.00 feet,
250.25 feet, and 49.65 feet;
By land of various owners, 253.03 feet, 159.97 feet,
64.14 feet, 194.12 feet, 222.41 feet, 136.58 feet,
127.20 feet, 143.98 feet, 23.60 feet, 283.32 feet, 15.50 feet,
135..00 feet, 108.48 feet, and 54.25 feet;
By the Southwesterly line of Pleasant Street, 52.53 feet,
120.80 feet, 98.40 feet, 100.00 feet, 90.02 feet, 71.50 feet,
20.00 feet, 129.14 feet, 37.50 feet, 125.00 feet, 46.50 feet,
78.85 feet, 31.00 feet; and
By the Northwesterly line of the Massachusetts Electric
Company Easement, as it runs from Pleasant Street to Great
Pond Road.
Douglas J. Ely and Others
Board of Selectmen Recommendation: Favorable Action.
Planning Board Recommendation: To be made at Town Meeting.
37
ARTICLE 36. REZONE - 57 TURNPIKE STREET. To see if the Town will vote to
change the zoning of said parcel of land from existing zoning designation from
Residential 4 to Business-4, which lot 13 now abuts. Parcels of land situated
at Turnpike Street, North Andover, bounded and described as set forth in
exhibits.
57 Turnpike Street, as being shown on a plan entitled "Plan of North
Andover, MA," owned by Joseph F. Kelly dated April 20, 1955, Ralph B. Brasseur,
C.E., recorded with Essex County North District Registry of Deeds, as Plan No.
3001 and more particularly bounded and described, as follows:
NORTHEASTERLy
by Salem Turnpike (State Highway) one hundred, twenty -two and
86/100 (122.86) feet;
SOUTHERLY
by land now or formally of Connelly, as shown on said plan,
two hundred, seventy-six and 76/100 (276.76) feet; and
NORTHWESTERLY
by Lot 11, on said plan, two hundred forty-eight (248.00)
feet.
Containing 15,235 square feet of land, more or less, according to said plan.
See map on page 39.
William J. & Elaine M. Paul & Others
EXPLANATION: Due to the recent road expansion of Turnpike Street
(Rt. 114) in our area, residential living has become non-conducive
and virtually impossible to sell the property as residential. We
have had inquiries from commercial realtors about the property, and
they have also suggested that we look into rezoning.
Board of Selectmen Reco~endation: To be made at Town Meeting.
Planning Board Recommendation: To be made at Town Meeting.
ARTICLE 37. REZONE - 47 TURNPIKE STREET. To see if the Town will vote to
change the zoning of said parcel of land from existing zoning designation from
Residential 4 to Business-4, which lot 13 now abuts. Parcels of land situated
at Turnpike Street, North Andover, bounded and described as set forth in
exhibits.
47 Turnpike Street as being shown as lot 11 on a plan entitled "Plan of
North Andover, MA," owned by Joseph F. Kelly dated April 20, 1955, Ralph B.
Brasseur, C.E., recorded with Essex County North District Registry of Deeds , as
Plan No. 3001 and more particularly bounded and described as follows:
NORTHEASTERLY by Salem Turnpike (State Highway) eighty (80) feet;
38
SOUTHEASTERLY by lot 13, on said plan, two hundred and forty-eiHht
(248) feet;
SOUTHERLY by land of owners unknown, forty-slx and 29/100 (46.29)
feet;
SOUTHWESTERLY by part f lot 10 and part of 8, both on said plan sixty-
seven and 05/100 (67.05) feet;
NORTHWESTERLY by lot 9, on said plan, two hundred fifty-eiHht and
44/100 (258.44) feet.
Contains 21,810 square feet of land, accordinH to said plan.
See map on this paHe.
Joseph F. & Jeanne M. Bramanti & Others
EXPLANATION: Due to the recent road expansion of Turnpike Street
(Rt. 114) in our area, residential living has become non-conducive
and virtually impossible to sell the property as residential. We
have had inquiries from commercial realtors about the property, and
they have also suggested that we look into rezoning.
Board of Selectmen Recommendation: To be made at Town Meeting.
Planning Board Recommendation: To be made at Town Meeting.
:
!
39
ARTICLE 38. AMEND ZONING BYLAW SECTION 4.136 WATERSHED PROTECTION
DISTRICT. To see if the Town will vote to amend Section 4.136 Watershed
Protection District of the Zoning Bylaws. The amendment will accomplish the
following:
A. Eliminate underground tanks throughout the Watershed.
To allow restaurants connected to municipal sewer throughout the
Watershed.
To eliminate the discharge of domestic or industrial waste water in the
non-discharge and non-disturbance butter zones.
To add the Watershed Council, as a group that makes recommendations to the
Planning Board on permit applications in the Watershed (Note: The
watershed Council consists of the Planning, Conservation, Health, Public
Works, and Water Treatment Plant Staff.).
To clarify and make consistent the existing language, reorder the existing
paragraphs.
Exact wording of the resulting Bylaw follows with bold lettering showing the
differences from the current version.
4.136 Watershed Protection District
1. Purpose
The Watershed Protection District is herein established as an
overlay district and shall be superimposed on the other districts
established by this Zoning Bylaw. The requirements enumerated
hereafter for this Watershed Protection District shall be in
addition to, rather than in place of, the requirements of such other
districts.
The Watershed Protection District surrounds Lake Cochichewick, the
Town's sole source of public drinking water supply. Regulations
within the District are intended to preserve the purity of the
ground water, the lake, and its tributaries; to maintain the ground
water table; and to maintain the filtration and purification
functions of the land; while conserving the natural environment; and
protecting the public health, safety and welfare.
The Lake Cochichewick Watershed Plan (August 1987), prepared by
I.E.P., Inc., for the Town of North Andover, is a comprehensive
study of the lake and its watershed. The Watershed Protection
District is a portion of the I.E.P. study's recommended management
plan. Copies of the I.E.P. report are available in the Planning
Board Office.
The Special Permit Granting Authority (SPGA) under this Bylaw shall
be the Planning Board.
40
2. Boundaries and Zones
The boundaries of the Watershed Protection District are shown on the
Zoning Map as set forth on a plan entitled "Subdrainage Areas", Lake
Cochichewick Watershed Plan (August 1987), Attachment 1, dated
August 1985, prepared by I.E.P.. Inc. for the Town of North Andover.
This plan is hereby made a part of this Bylaw and is on file in the
Office of the Town Clerk.
The Watershed Protection District shall be divided into four zones.
The uses and building requirements for each zone will vary according
to its proximity to the Lake and wetland resource areas. The Zones
are as follows:
General: There shall exist a General Zone within the
Watershed Protection District which shall consist of all land
located beyond four hundred (400) feet horizontally from the
annual mean high water mark of Lake Cochichewick and all
wetland resource areas (as defined in Massachusetts General
Laws Chapter 131, Section 40, and the Town Wetland Bylaw)
located within the Watershed.
ii.
Non-Discharge: There shall exist a Non-Discharge Buffer Zone
within the Watershed Protection District which shall consist
of all land areas located between two hundred fifty (250) feet
and four hundred (400) feet horizontally from the annual mean
high water mark of Lake Cochichewick and between one hundred
fifty (150) feet and four hundred (400) feet horizontally from
the edge of all wetland resource areas (as defined in
Massachusetts General Laws Chapter 131, Section 40, and the
Town Wetland Bylaw) located within the Watershed.
iii.
Non-Disturbance: There shall exist a Non-Disturbance Buffer
Zone within the Watershed Protection District which shall
consist of all land areas located between one hundred fifty
(150) feet and two hundred fifty (250) feet horizontally from
the annual mean high water mark of Lake Cochichewick, and
between seventy five (75) feet and one hundred fifty (150)
feet horizontally from the edge of all wetland resource'~areas
(as defined in Massachusetts General Laws Chapter 131, Section
40, and the Town Wetland Bylaw) located within the Watershed.
iv.
Conservation: There shall exist a Conservation Zone within
the Watershed Protection District which shall consist of all
land areas located within one hundred fifty (150) feet
horizontally from the annual mean high water mark of Lake
Cochichewick, and within seventy five (75) feet horizontally
from the edge of all wetland resource areas (as defined in
Massachusetts General Laws Chapter 131, Section 40, and the
Town Wetland Bylaw) located within the Watershed.
41
Co
In the event that the SPGA determines, 'on the basis of credible
evidence before it, tb~t there exists a significant doubt or dispute
concerning the proper location of boundaries of the Watershed
Protection District on any individual lot or lots, the SPGA shall,
at the request of the owner of such lot or lots, engage a Registered
Professional Engineer to advise it in determining such boundaries.
The owner making such request 'shall reimburse the SPGA for the cost
of such Engineer. Upon completion of the Engineer's report to the
SPGA, the SPGA shall hold a hearing to make a final determination of
such boundaries. At such hearing, such report shall be deemed
evidence sufficient to establish the location of the boundary unless
rebutted by credible evidence to the contrary.
do
When the Watershed Protection District boundary divides a lot of
record as of June 28, 1978, in one ownership, that portion of the
lot within the Watershed Protection District must comply with this
Bylaw. Where the premises are partially outside of the Watershed
Protection District, potential pollution sources such as on-site
waste disposal systems, shall be located outside of the District to
the extent feasible.
eo
The provisions relating to the Conservation Zone shall not apply to
any activities undertaken by the Division of Public Works.
fo
The provisions relating to the establishment of the Conservation
Zone and the enlargement of the Non-Disturbance Zone and the Non-
Disturbance Zones shall only apply to lots recorded or registered
after the date of the enactment of this amendment (October 4, 994).
(1994/1STM).
Table 1 - Lots created after October 24. 1994
From Annual High Water
Mark of Lake
Cochichewick out to
~on-Disturbance
Non- Discharge
150' 250' 400'
From Edge of Ail Wetland
Resource Areas Within the
Watershed District
out to
75' 150' 400'
Table 2 - Lots created on or prior to October 24. 1994
From Annual High Water
Mark of Lake Cochichewick out to
Non-Disturbance
250'
From Edge of All Wetland Resource
ReSource Areas Within the Watershed
District out to
100'
325'
325'
42
3. Uses and Buildin~ Requirements
a. General Zone
There shall exist a General Zone within the Watershed Protection District
which shall consist of all land located beyond four hundred (400) feet
horizontally from the annual mean high watermark of Lake Cochichewick and
all wetland resource areas (as defined in Massachusetts General Laws
Chapter 131, Section 40, and the Town Wetland Bylaw) located within the
Watershed.
Allowed Uses: The following uses shall be allowed in the
General Zone of the Watershed Protection District as itemized
below:
(1)
Ail permitted uses allowed in Section 4.121 "Permitted
Uses Residence 1, 2, and 3 District" of the Zoning
Bylaw.
(2)
All uses associated with municipal water supply/treat-
ment and public sewer provided by the Town of North
Andover.
(3)
The Division of Public Works may conduct routine
maintenance of any existing use of property, including
the maintenance and improvements of existing roadways
and drainage systems.
(4) Maintenance of fire access lanes by the Fire Department.
(5)
All agricultural uses, providing that such uses exercise
Best Management Practices and be undertaken in such a
manner as to prevent erosion and siltation of adjacent
water bodies and wetlands.
ii.
Uses Allowed by Special Permit: The following uses may be
allowed in the General Zone of the Watershed Protection
District by the granting of a Special Permit issued pursuant
to Section 4 of the Watershed Protection District Bylaw:
(1)
Golf courses, public or private with Best Management
Practices.
(2)
Any other use not provided for elsewhere in this
Section.
(3) A commercial kitchen on public sewer.
iii.
Prohibited Uses: The following uses are specifically
prohibited within the General Zone of the Watershed Protection
District:
43
(1)
Any solid waste facility as defined by Massachusetts
General Laws Chapter 111, Section 150A.
(2)
Municipal sewage treatment facility, not including sewer
lines, pump stations and other accessory sewer system
equipment used to transport sewage to a treatment
facility located outside of the District.
(3) Privately owned waste water treatment plants.
(4) Road salt or other deicing stockpiles.
(5)
Underground tanks or collection pits for storage of fuel
or hazardous materials including any tanks or
collection pits partially below mean ground elevation
but excluding any tanks located completely within a
building otherwise permitted under this Section.
(6) Dumping of snow from outside the District.
(7) Motor vehicle salvage operations and junk yards.
(8) Car washes.
(9) Self-service laundries, unless connected to public
sewer.
(10) Airplanes, boat, or motor vehicle service and repair
establishments (including auto body shops).
(11) Metal plating, finishing or polishing.
(12) Chemical and bacteriological laboratories.
(13) Electronic circuit assembly.
(14) Hotels, or motels, unless connected to public sewer.
(15) Painting, wood preserving and furniture stripping
establishments.
(16) Photographic processing establishments.
(17) Printing establishments.
(18) Dry Cleaning establishments.
(19)
Storage of herbicides, pesticides or fertilizers, other
than in amounts normally associated with household or
existing agricultural use.
(20) Commercial cabinet or furniture making.
44
(21) Commercial storage or sale of petroleum or other refined
petroleum.
(22)
Commercial manufacture, storage, use, transportation or
disposal of any substance of such physical, chemical or
infectious characteristics as to pose a significant,
actual or potential, hazard to water supplies, or other
hazard to human health if such substance or mixture
were discharged onto land or waters of this Town,
including but not limited to organic chemicals,
petroleum products, heavy metals, radioactive or
infectious waste, acids, and alkalis, and all substances
defined as Toxic or Hazardous under Massachusetts
General Laws Chapter 21C and Chapter 21E and the
regulations promulgated thereunder, and also including
pesticides, herbicides, solvents and thinners.
(23) Restaurants unless connected to public sewer.
(24) Commercial kitchens unless connected to public sewer.
iv.
Building Requirements: Ail construction in the Watershed
Protection District shall comply with best management
practices for erosion, siltation, and storm water control in
order to preserve the purity of the ground water and the lake;
to maintain the ground water table; and to maintain the
filtration and purification functions of the land.
b. Non-Discharge Buffer Zone
There shall exist a Non-Discharge Buffer Zone within the Watershed
Protection District which shall consist of all land areas located between
two hundred fifty (250) feet and four hundred (400) feet horizontally from
the annual mean high water mark of Lake Cochichewick and between one
hundred fifty (150) feet and four hundred {400) feet horizontally from the
edge of all wetland resource areas (as defined in Massachusetts General
Laws Chapter 131, Section 40, and the Town Wetland Bylaw) located within
the Watershed.
Allowed Uses: Ail of the Allowed Uses listed in Section
3(a) (i) of this Watershed Protection District Bylaw are
allowed in the Non-Discharge Buffer Zone except as noted
below:
ii.
Uses Allowed by Special Permit: The following activities may
be allowed within the Non-Discharge Buffer Zone only by the
granting of a Special Permit issued pursuant to Section 4 of
this Watershed Protection District Bylaw:
(i)
Any surface or sub-surface discharge, including but not
limited to, storm water runoff; drainage of any roadway
that is maintained by the Division of Public Works or
45
any private association; outlets of all drainage swales;
outlets of all detention ponds. All storm water
management systems shall employ Best Management
Practices.
iii. Prohibited Uses: The following uses are specifically
prohibited within the Non-Discharge Buffer Zone:
iv.
All of the Prohibited Uses listed in Section 3(c) (iii) of this
Watershed Protection District Bylaw are prohibited in the Non-
Discharge Zone.
(1)
The use, or method of application of, any lawn care or
garden product (fertilizer, pesticide, herbicide) that
may contribute to the degradation of the public water
supply.
(2)
The use of lawn care or garden products that are not
organic or slow-release nitrogen.
Building Requirements: All construction in the Watershed
Protection District shall comply with best management
practices for erosion, siltation, and storm water control in
order to preserve the purity of the ground water and the lake;
to maintain the ~round water table; and to maintain the
filtration and purification functions of the land.
c. Non-Disturbance Buffer Zone
There shall exist a Non-Disturbance Buffer Zone within the Watershed
Protection District which shall consist of all land areas located between
one hundred fifty (150) feet and two hundred fifty (250) feet horizontally
from the annual mean high water mark of Lake Cochichewick, and between
seventy five (75) feet and one hundred fifty (150) feet horizontally from
the edge of all wetland resource areas (as defined in Massachusetts
~eneral Laws Chapter 131, Section 40, and the Town Wetland Bylaw) located
within the Watershed.
~: All of the Allowed Uses listed in Section
3(a) (i) of this Watershed Protection District Bylaw are
allowed in the Non-Disturbance Zone except as noted below.
ii.
Use~ Allowed by Special Permit: The following uses shall be
allowed within the Non-Disturbance Buffer Zone only by Special
Permit issued pursuant to Section 4 of this Watershed
Protection District Bylaw:
(i)
Any activities which cause a change in topography or
grade.
46
iii.
iV.
(2}
Vegetation removal or cutting, other than in connection
with agricultural uses or maintenance of a landscape
area.
(3
Construction of a new permanent structure only after a
variance has been granted by the Zoning Board of
Appeals.
(4 Replacement of any permanent structure.
(5
Any surface or sub=surface discharge, including but not
limited to, storm water runoff; drainage of any roadway
that is maintained by the Division of Public Works or
any private association; outlets of all drainage swales;
outlets of all detention ponds.
(6)
Construction of any accessory structure or expansion of
any existing structure by less than twenty five (25)
percent of the gross floor area of the existing
structure. (1994/1STM)
Prohibited Uses: The following uses are specifically
prohibited within the Non-Disturbance Buffer Zone:
(1)
Ail of the Prohibited Uses listed in Section 3(c) (iii)
of this Watershed Protection District Bylaw are
prohibited in the Non-Discharge Zone.
(2) Construction of any septic system.
(3)
ConstructiOn of any new permanent structure, or
expansion of an existing structure by twenty-five (25)
percent or more of the gross floor area of the existing
structure.
(4)
The use, or method of application of, any lawn care or
garden product (fertilizer, pesticide, herbicide) that
may contribute to the degradation of the public water
supply.
(5)
The use of lawn care or garden products that are not
organic or slow-release nitrogen.
Buildina Reouirements: All construction in the Watershed
Protection District shall comply with best management
practices for erosion, siltation, and storm water control in
order to preserve the purity of the ground water and the lake;
to maintain the ground water table; and to maintain the
filtration and purification functions of the land.
47
d. Conservation Zone
There shall exist a Conservation Zone within the Watershed
Protection District which shall consist of all land areas located
within one hundred fifty (150) feet horizontally from the annual
mean high water mark of Lake Cochichewick, and within seventy five
(75) feet horizontally from the edge of all wetland resource areas
(as defined in Massachusetts General Laws Chapter 131, Section 40,
and the Town Wetland Bylaw) located within the Watershed.
~k~: The following uses shall be allowed in the
Conservation Zone of the Watershed Protection District except
as noted below:
(1
Ail uses associated with municipal water supply/treat-
ment and public sewer provided by the Town of North
Andover.
(2
The Division of Public Works may conduct routine
maintenance of any existing use of property, including
the maintenance and improvements of existing roadways
and drainag~ systems.
(3 Maintenance of fire access lanes by the Fire Department.
ii.
iii.
Uses Allowed by Special Permit: No Special Permits will be
granted in the Conservation Zone.
prohibited Uses: The following uses are specifically
prohibited within the Conservation Zone:
(1) All of the Prohibited Uses listed in Section 3(c) (iii)
of this Watershed Protection District Bylaw are
prohibited in the Non-Discharge Zone.
(2) Any activities which cause a change in topography or
grade;
(3) Vegetation removal or cutting, other than in connection
with existing agricultural uses or maintenance of an
existing landscape area;
(4) Construction or placement of any new permanent
structures;
(5)
Any surface or subsurface drainage, including, but not
limited to, storm water runoff;
(6) Animal feedlots or the storage of manure;
(7) Construction of any septic system.
48
(8)
Construction of any accessory structure or expansion of
an existing structure by twenty-five (25) percent or
more of the,gross floor area of the existing structure.
(9)
The use, or method of application of, any lawn care or
garden product (fertilizer, pesticide, herbicide) that
may contribute to the degradation of the public water
supply.
(10) The use of lawn care or garden products that are not
organic or slow-release nitrogen.
The above prohibitions shall not apply to any activities undertaken
by the Division of Public Works within its authority or to work
completed in conjunction with the construction of the municipal
sewer system. (1994/1STM)
Special Permit Requirement~
Nine (9) copies of an application for a Special Permit under this
Section shall be filed with the SPGA. Special Permits shall be
granted if the SPGA determines that the intent of the Bylaw, as well
as its specific criteria, are met. In making such determination the
SPGA shall give consideration to simplicity, reliability, and
feasibility of the control measures proposed and the degree of
threat to water quality which would result if the control measures
failed.
bo
Upon receipt of a Special Permit Application, the SPGA shall
transmit one (1) copy of each to the Division of Public Works, Fire
Chief, Title III Committee, Division of Planning and Community
Development, Conservation Commission, the Board of Health, and the
Watershed Council for their written recommendatIons. Failure to
respond in writing within thirty (30) days shall indicate approval
or no desire to comment by said agency.
An application for a Special Permit under this Section shall include
the following information:
i. Application Form for a Special Permit from the Planning Board.
ii.
Map on a scale of one (1) inch equals forty (40) feet prepared
by a Registered Professional Engineer or Surveyor showing:
(1)
the annual mean high water mark of Lake Cochichewick (if
annual mean high water mark is within four hundred (400)
feet of any proposed activity,
(2)
the edge of all wetland resource areas, as confirmed by
the Conservation Commission (if edge of wetland resource
area is within four hundred (400) feet of any proposed
activity),
49
(3) the conservation zone,
(4) the non-disturbance zone,
(5) the non-discharge zone,
(6) the edge of vegetation clearing (edge of work).
iil .
Written certification by a Registered Professional Engineer,
or other scientist educated in and possessing extensive
experience in the science of hydrology and hydrogeology,
stating that there will not be any significant degradation of
the quality or quantity of water in or entering Lake
Cochichewick.
Proof that there is no reasonable alternative location outside
the Non-Disturbance and/or Non-Discharge Buffer Zones,
whichever is applicable, for any discharge, structure, or
activity, associated with the proposed use to occur. (1994/38)
Evidence of approval by the Massachusetts Department of
Environmental Protection (DEP) of any industrial waste water
treatment or disposal system or any waste water treatment of
system fifteen thousand (15,000) gallons per day capacity.
vi.
Evidence that all on-site operations including, but not
limited to, construction, waste water disposal, fertilizer
applications and septic systems will not create concentrations
of Nitrogen in groundwater, greater than the Federal limit at
the downgradient property boundary.
vii.
Projections of downgradient concentrations of nitrogen,
phosphorus and other relevant chemicals at property boundaries
and other locations deemed pertinent by the SPGA.
do
The SPGA may also require that supporting materials be prepared by
other professionals including, but not limited to, a registered
architect, registered landscape architect', registered land surveyor,
registered sanitarian, biologist, geologist or hydrologist when in
its judgement the complexity of the proposed work warrants the
relevant specified expertise.
Special Permits under this Section shall be granted only if the SPGA
determines, after the time of comment by other Town agencies as
specified above has elapsed, that, as a result of the proposed use
in conjunction with other uses nearby, there will not be any
significant degradation of the quality or quantity of water in or
entering Lake Cochichewick.
Any Special Permit issued under this Section for a new permanent
structure (other than an accessory structure or expansion that is
less than twenty five (25%) of the gross floor area of a structure)
50
or a septic system shall require that such structure or system be
constructed outside the Non'Disturbance Buffer Zone.
Within the Non-Disturbance Zone and Non-Discharge Buffer Zone, any
runoff from impervious surfaces shall, to the extent possible, be
recharged on site and diverted toward areas covered with vegetation
for surface infiltration. Where on site recharge is not feasible
due to soil or other natural conditions, other mitigating measures
such as sedimentation ponds, filter berms, Or restoring wetlands,
shall be used only where other methods are not feasible and after
approval by the Board of Health, Building Inspector and the Division
of Public Works to assure that the methods used for on site
infiltration and/or other measures shall remain effective.
Provisions shall be made to protect against toxic or hazardous
material discharge or loss resulting from corrosion, accidental
damage, spillage or vandalism through measures such as spill control
provisions in the vicinity of chemical or fuel delivery points;
secured storage areas for toxic or hazardous materials, and indoor
storage provisions for corrodible or dissolved materials. For
operations which allow the evaporation of toxic materials into the
interior of any structure a closed vapor system shall be provided
for each structure to prevent discharge or contaminated condensate
into the groundwater.
For any toxic or hazardous waste to be produced in quantities
greater than those associated with normal household use, the
applicant must demonstrate the availability and feasibility of
disposal methods which are in conformance with Massachusetts
General Laws Chapter 21C.
Written Notice of any violation of this Bylaw shall be provided by the
SPGA agent to the owner of the premises specifying the nature of the
violation. The agent of the SPGA shall request of the violator a schedule
of compliance, including cleanup of spilled materials, Such schedule
shall allow for the immediate corrective action to take place. This
compliance schedule must be reasonable in relation to the public health
hazard involved and the difficulty of compliance. In no event shall more
than thirty (30) days be allowed for either compliance or finalization of
a plan for longer term of compliance. Said schedule of compliance shall
be submitted to the SPGA for approval subsequent to the violation. Said
agent of the SPGA shall notify the Building Inspector of any violations of
the Schedule of compliance or of any failure to satisfy the requirements
of this paragraph.
51
6. Severabilit?
In any portion, sentence, clause or phase of this regulation shall be held
invalid for any reason, the remainder of this Bylaw shall continue in full
force.
Richard Nardella, Chairman, Planning Board
Board of Selectmen Reco=~endation: Favorable Action.
Planning Board Recommendation: Favorable Action.
EXPLANATION: The Board of Selectmen asked the Planning Board to
review the Watershed Protection Bylaw. Substantive changes were
subsequently made at the Special Town Meeting held in October of
1994. The changes proposed above were made in an attempt to make
the Bylaw more readable and understandable.
ARTICLE 39. A~END ZONING BYLAW - SECTION 4.136 (8) - WATERSHED PROTECTION
DISTRICT. To see if the Town will vote to amend Section 4.136 (8) Watershed
Protection District of the zoning Bylaw to add non-criminal penalties for
violations of the bylaw, as follows:
Section 4.136 Watershed Protection District
(8) Enforcement, Investigation & Violations
Written Notice of any violation of this Bylaw shall be provided by the
Director of Community Development and Services or his or her agent to the owner
of the premises specifying the nature of the violation. The Director of
Community Development and Services shall request of the owner a .schedule of
compliance. Such schedule shall allow for the immediate corrective action to
take place. Upon approval by the Department of Community Development and
Services, the compliance schedule should reflect the nature of the public health
hazard, the degree of degradation to the natural resource area in question and
the degree of difficulty in receiving compliance. In no event shall more than
thirty (30) days be allowed for either compliance or finalization of a plan for
longer term of compliance. Said schedule of compliance shall be submitted to the
Director of Community Development and Services or his or her agent for approval
subsequent to the violation. Said agents shall notify the Director of Community
Development and Services of any violations of the schedule of compliance or any
failure to satisfy the requirements of this paragraph. Failure to respond or
comply to the violation within thirty (30) days may subject the owner to a
penalty as defined below.
In accordance with the provisions of Massachusetts General Laws Chapter 40
Sections 21 D and 31, Section 1-6 of the Code of the Town of North Andover, as
well as every other authority and power that may have been or may hereafter be
conferred upon it, the Town may enforce the provision of this Section, restrain
violations thereof and seek injunctions and judgments to secure compliance with
its provisions and any special permits that may have been issued. Without
limiting the generality of the foregoing;
52
Any person who violates any provision of this Section or of any condition
or a permit issue pursuant to it may be punished by a penalty pursuant to
Massachusetts General Laws, Chapter 40, Section 21 D, or Section 1-6 of
the Code of the Town of North Andover, each day or portion thereof during
which violation continues shall constitute a separate offense. This Bylaw
may be enforced pursuant to Massachusetts General Laws Chapter 40,
Section 21D, by a Town police officer, other persons having police powers,
the Director of Community Development and Services or his/her designee.
In accordance with Massachusetts General Laws Chapter 40 Section 21D and
Section 1-6 of the Code of the Town of North Andover, violators may, at
the discretion of the enforcement authorities, be charged a penalty. The
penalties for violations or this Bylaw shall be assessed as follows:
Watershed Protection District:
Activity
Conservation
Non- Non-
Disturbance Discharge
Zone Zone
Alteration of any wetland
resource area.
Alteration of any stream or waterbody.
Violation penalties are covered
the Wetlands Protection Bylaw;
maxzmum penalty is $ 300
Depositing any refuse, debris, yard
waste or construction material in a
wetland or waterbody.
Use, method or application of any
lawn care or garden product pesticide
herbicide, or fertilizer) that may
contribute to the degradation of the
public water supply.
Use of lawn care products that are
not organic or slow-release nitrogen.
Construction of any Septic System.
$ 300 $ 250 $ 250
$ 300 $ 250 $ 200
Penalties covered under the
Board of Health regulations
Unauthorized construction of any
of any accessory structure or
expansion of any existing structure
by less than 25 percent of the gross
floor area of the existing structure.
Animal feedlots or the
storage of manure.
$ 300 $ 250 Allowed
$ 300
Allowed Allowed
53
Expansion of an existing structure
by 25% or more of the gross floor
area of the existing structure.
$ 300 $ 250 Allowed
Change in grade or topography.
$ 300 $ 250 Allowed
Vegetation removal of cutting not
associated with agricultural uses
or maintenance of landscape area.
$ 300 $ 250 Allowed
Unauthorized construction of a new
permanent structure.
$ 300 $ 250 Allowed
Replacement of any permanent structure. $ 300
$ 250 Allowed
Any surface of subsurface discharge
including but not limited to storm-
water runoff; drainage of any road-
way that is maintained by the Div. of
Public Works or private association,
outlets of all drainage swales, outlets
of all detention ponds.
$ 300 $ 250 $ 200
Note: Some of the identified activities require a special permit.
Special permit requirements are explained within this bylaw,
Section 4.136.
In the event of a violation of this Section or of any permit issued
thereunder, the Director of Community Development and Services or his or
her agent may issue a stop work order to the owner, the applicant or agent
by certified mail, return receipt requested, or by posting the same in a
conspicuous location on said site. Any person who shall violate the
provisions of a stop work order shall be deemed in violation of the
Section; but the failure of the Board to issue a stop work order for any
reason shall not prevent the Town from pursuing any other legal remedy at
law or in equity to restrain violations of this Section and to secure
compliance with its orders.
Co
The Town shall be the beneficiary of all fines imposed on account of the
violation of this Section in order to defray the expense of enforcing the
same.
Do
Upon request of the Director of Community Development and Services, the
Board of Selectmen and Town Counsel shall take such action as may be
necessary to enforce this Bylaw and permits issued pursuant to it.
george Perna, Director,
Division of Public Works
BOard of Selectmen Recommendation: Unfavorable Action.
Planning Board Reco---endation: Unfa¥orable Action.
54
ARTICLE 40. AMEND TOWN CODE - SECTION 1-6. NONCRIMINAL DISPOSITION OF
VIOLATIONS. To see if the Town will vote to amend Section 1-6 Noncriminal
disposition of violations of the Town Code to specify the following noncriminal
penalties for violations of the Watershed Protection District, Section 4.136 in
the Zoning Bylaw and the Wetlands Protection Bylaw, Chapter 178 of the Code of
the Town of North Andover.
Section 1-6. Noncriminal disposition of violations:
Violations of any provisions of these bylaws or rules and regulations of
any town department or board may be handled, as a noncriminal offense in
accordance with the provisions of Massachusetts General Laws Chapter 40,
Section 21D. The following is a table of non-criminal penalties for violations
of the Watershed Protection District, Section 4.136 (8), of the Zoning Bylaw and
the Wetlands Protection Bylaw Chapter 178 of the Code of the Town of North
Andover:
(Written notice of any violation of these Bylaws shall be provided by the
Director of Community Development and Services or his or her agent to the owner
of the premises specifying the nature of the violation. Failure to respond or
comply to the violation within 30 days may subject the owner to a penalty.)
Watershed Protection District:
Activity
Conservation
Non- Non-
Disturbance Discharge
Zone Zone
Alteration of any wetland
resource area.
Alteration of any stream or
waterbody.
Violation penalties are covered
under or waterbody the Wetlands
Protection Bylaw; maximum
penalty is $ 300.
Depositing any refuse, debris, yard
waste or construction material in a
wetland or waterbody.
Use, method or appliclication of any
lawn care or garden product (pesticide,
herbicide, or fertilizer) that may
contribute to the degradation of the
public water supply.
Use of lawn care products that are not
organic or slow-release nitrogen.
Construction of any septic system.
$ 300 $ 250 $ 200
30o $ 25o $ 200
Penalties covered under the
Board of Health regulations.
55
Watershed Protection District=
Activity
Non- Non-
Conservation Disturbance Discharge
Zone Zone
Unauthorized construction of any
accessory structure or expansion
of any existing structure by less than
25% of the gross floor area of the
existing structure
$ 300 $ 25d Allowed
Animal feedlots or the storage of
manure
$ 300 Allowed Allowed
Expansion of an existing structure by
25% or more of the gross floor area of
the existing structure.
$ 300 $ 250 Allowed
Change in grade or topography.
$ 300 $ 250 Allowed
Vegetation removal of cutting not
associated with agricultural uses
or maintenance of landscape area.
$ 300 $ 250 Allowed
Unauthorized construction of a new
permanent structure.
$ 300 $ 250 Allowed
Replacement of any permanent
structure.
$ 300 $ 250 Allowed
Any surface or sub-surface discharge,
including but not limited to, storm
storm water runoff; drainage of any
roadway that is maintained by the Div.
of public works or private association
outlets of all drainage swales,
outlets of all detention ponds.
$ 300 $ 250 $ 200
Note: Some of the identified activities require a special permit. Special
permit requirements are explained within this bylaw, Section 4.136.
Wetland Protection Bylaw
Penalty
* Alteration of 1-1000 square footage wetland
$ 5O
* Alteration of 1001-2000 square footage of wetland
$ 100
* Alteration of 2001-3000 square footage of wetland
$ 200
* Alteration of greater than 3000 square footage
of wetland
$ 3O0
56
Depositing any refuse, debris, yard waste or
construction material in a wetland or water body.
Alteration of any stream or water body.
Any violation of any section of this Bylaw that
occurs in the Lake Cochichewick Watershed
* Without a valid Order of Conditions
Conservation Commission.
Board of Selectmen Recommendation:
Planning Board Recommendation:
$ 300
$ 300
$ 300
from the North Andover
George Perna, Director
Division of Public Works
Unfavorable Action.
Unfavorable Action.
ARTICLE 41. AMEND ZONING BYLAW - SECTION 7 - DIMENSIONAL REQUIREMENTS. To
see if the Town will vote to amend Section 7 Dimensional Requirements as set
forth below to correct typographical errors, clarify and make consistent the
existing language; to include the Town wetland bylaw in the definition of
contiguous buildable area; to redefine lot width from fifty (50) feet to one
hundred (100) feet; to redefine the calculation of lot area, contiguous
buildable area, and street frontage; to list the criteria for receiving a special
permit for access other than over the street frontage; and to allow frontage
exception lots by special permit only:
SECTION 7 DIMENSIONAL REQUIREMENTS
7.1 Lot Area
Minimum lot areas for such uses in each district shall be as set forth in
Table 2, Summary of Dimensional Requirements, which is hereby made part of this
Bylaw.
7.1.1 Contiguous Buildable Area (CBA)
As of April 28, 1986, the area of any new lot created, exclusive of area in a
street or recorded way open to public use, at least seventy five (75) percent of
the minimum lot area required for zoning shall be contiguous land other than land
'located within a line identified as wetland resource areas in accordance with the
Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and
the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of
North Andover. The proposed structure must be constructed on said designated
contiguous land area.
7.1.2 Lot Width
For any lot created after May 1, 1995, the minimum width of the lot shall be a
distance of one hundred (100) feet between the street frontage and the front
57
building line The width shall be measured in a line parallel to the street.
This requirement shall apply in all zones except Residence 4 (R4); for zone R4
the distance shall be eighty (80) feet.
7.1.3 Restrictions
When a fifty (50) foot straight line is drawn to divide a lot in two, and
the perimeter of the smaller piece is greater than two hundred (200) feet,
then such smaller piece shall not be included in the calculations when
determining:
lot area;
contiguous buildable area (CBA); or
street frontage
as required by the Summary_ of Dimensional Requirements (Table 2) of this
bylaw. This restriction applies only to lots created after May 1, 1995.
Any lot created after May 1, 1995, shall have a lot depth of thirty (30)
feet or more for at least eighty (80) percent of the minimum length of its
frontage as required by the Summary of Dimensional Requirements (Table 2)
of this bylaw. The lot depth shall be measured as a line drawn
perpendicular to the street.
No lot, upon which is then located any buildings or with respect to which
a permit has been issued and is then outstanding for the erection of any
building, shall be subdivided or reduced in area in any manner unless said
lot shall thereafter fulfill the lot area, street frontage and yard space
requirements of this Bylaw except as may be permitted otherwise by the
provisions of a variance granted by the Board of Appeals. If land be
subdivided, conveyed, devised or otherwise transferred in violation
hereof, no building permit or other permit shall be issued with reference
to any of the land so transferred or to the lot(s) retained until all of
such land and lots meet the requirements of this Zoning Bylaw. Any land
taken by eminent domain or conveyed for a public purpose for which the
land could have been taken shall not be deemed to be transferred in
violation of the provisions hereof.
7.2 Street Frontage
Minimum street frontage shall be as set forth in Summary of Dimensional
~ (Table 2) and the lot line meeting these requirements shall
constitute the "street frontage" for the lot. In no case shall actual street
frontage at the street line be less than seventy five (75) feet;, except as
allowed by Section 7.2.2. Corner lots shall be required to have the required
frontage only on one street.
In determining the fulfillment of the minimum area and minimum street frontage
of a lot required in any zoning district, there shall not be included any land
within the limits of a street upon which such lot abuts, even if the fee to such
street is in the owner of the lot; except that if a corner lot at its street
corner is bounded in part by a segment of curved line not more than seventy five
58
(75) feet in length connecting other lines bounding such lot which if extended
would intersect, the area and frontage required in such lot shall be computed as
if such potentially intersecting lines were so extended; but if a curved line
more than seventy five (75) feet in length is the whole of any one boundary line
of a lot, the minimum area and minimum frontage required shall be determined
entirely within the lines bounding such lot, including such curved line.
7.2.1. Access across street frontage
Access to each lot, except for corner lots, must be provided across the street
frontage. If access to a lot is not across the street frontage as of the date
of the adoption of this Section 7.2.1, the lot will not be considered non-
conforming as to use or as to an existing structure on that lot. (1994/39)
Exceptions to this requirement may be granted by the issuance of a Special Permit
from the Planning Board. A street frontage access Special permit may be granted
for a lot in any residential district provided that:
a)
The specific site is an appropriate location for access to the lot given
the current and projected traffic on the roadway, and the site distance to
adjacent driveways and roadways, and/or
b)
Special environmental conditions exist such as wetlands and/or steep
slopes such that access across the street frontage would require wetland
filling or extreme cutting and/or filling of slopes or would be otherwise
detrimental to the environment,
c) The access will not adversely affect the neighborhood;
d) There will be no nuisance or serious hazard to vehicles or pedestrians;
e)
The access is in harmony with the general purpose and intent of this
Bylaw.
7.2.2
Frontage exception
Exceptions for meeting the frontage and lot width requirements required by
Sections 7.1.2 and 7.2 may be granted upon the approval of a Special Permit. The
permit granting authority shall be the Planning Board.
A street frontage and lot width exception Special Permit may be granted for a lot
in any residential district provided that:
a) The area of the lot exceeds by three (3) times the minimum lot area
required for that district;
b) The lot has a minimum continuous street frontage of not less that fifty
(50) feet and a width of not less than {50) feet at any point between the
street and the site of the dwelling;
c)
There is not more than one other such lot with frontage contiguous to it:
and
59
d) It is so located as not to block the possible future extension of a dead
end street.
e) The creation of the frontage exception lot will not adversely affect the
neighborhood;
f) The creation of the frontage exception lot is in harmony with the general
purpose and intent of this Bylaw;
f) No such lot as described above on which a dwelling is located, shall be
hereafter reduced in area below the minimum area required in Section 7.1
(1985/16)
7.3 Yards (Setbacks)
Minimum front, side and rear setbacks shall be as set forth in Table 2, except
for eaves and uncovered steps. 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.
7.4 Building Heights
Maximum heights of buildings and structures shall be as set forth in Table 2.
The foregoing limitations of height in feet in the designated zoning districts
shall not apply to:
1. Farm buildings on farms of not less than ten (10) acres.
2. Nor shall they apply to chimneys, ventilators, skylights, tanks,
bulkheads, penthouses, processing towers, and other accessory structural
features usually erected at a height greater than the main roofs of any
buildings.
3. Nor to domes, bell towers, or spires of churches or other buildings,
provided all features are in no way used for living purposes.
4. And further provided that no such structural feature of any non-
manufacturing building shall exceed a height of sixty five (65) feet from
the ground.
5. Nor of a manufacturing building a height of eighty five (85) feet from the
ground.
7.5 Lot Coverage
Maximum lot coverage by buildings shall be as forth in Table 2. Lot coverage
shall mean the percent of the lot covered byprincipal and accessory structures.
7.6 Floor Area Ratio
Maximum floor area ratio (FAR) shall be as set forth in Table 2. FAR is the
ratio between the total amount of building floor area on all usable floors and
60
the area of the lot on which it is located.
7.7 Dwelling Unit Density
Maximum dwelling unit density (dwelling units per acre) shall be as set forth in
Table 2
7.8 Exceptions
The residential lot areas and frontages above required and listed in
Table 2 shall not apply mn any residence district to any lot of less area
or less frontage than above required if such lot be not adjoined by other
land of the same owner, available for combination with or use in
connection with such lot, provided that the applicant for a building
permit on any such lot shall show by citations from the Essex County
Registry of Deeds incorporated in or attached to such application that
such lot was lawfully laid out and duly recorded by plan or deed prior to
January 9, 1957, and provided that on such a lot there shall be kept open
and not built upon a front yard and a rear yard each not less than 20 feet
deep, and two side yards, each not less than 12 feet wide; and further
provided that such lot shall have a minimum street frontage of 50 feet and
a minimum lot area of 5,000 square feet.
In Residence 4 (R4) Districts only, two or more vacant lots, mutually
adjoining, may with a Special Permit from the Board of Appeals be
permitted to be combined into a new lot or lots of not less than 10,000
square feen area each, and with not less than 100 feet street frontage,
provided it be shown to the Board of Appeals that each such lot was
lawfully laid oun and duly recorded by plan or deed prior to
January 9, 1957 and the Building Inspector shall permit the construction
of one single-family dwelling on each such 10,000 square foot lot.
As described in Massachusetts General Laws Chapter 40A, no amendment to
this Zoning Bylaw shall apply to land shown on an approved definitive
subdivision plan as defined by the Subdivision Control Law, for the length
of time described in Massachusetts General Laws Chapter 40A.
As described in Massachusetts General Laws Chapter 40A, no amendment to
this Zoning Bylaw shall affect the use of land shown on an endorsed
Approval Not Required Plan, as defined by the Subdivision Control Law, for
the length of time described in Massachusetts General Laws Chapter 40A.
Mary E. Nardella and Others and
Richard Nardella, Chairman, Planning Board
Board of Selectmen Recommendation: Favorable Action.
Planning Board Recommendation: Favorable Action.
ARTICLE 42. AMEND TOWN CODE SECTION 1-6 - NONCRIMINAL DISPOSITION OF
VIOLATIONS. To see if the Town will vote to amend Section 1-6 of the Town of
61
North Andover Code concerning "Noncriminal disposition of violations" by adding
the following paragraphs to the end of that section:
Without intending to limit the generality of the foregoing, the following
Board of Health Regulations and penalties therefor may be enforced as a non-
criminal offense in accordance with Massachusetts General Laws Chapter 40,
Section 21D. The penalties set forth herein shall apply to each separate offense
or violation of the regulations. Each day on which any violation exists shall
be deemed to be a separate offense. The Board of Health shall determine the
disposition of all complaints or requests for enforcement made pursuant to this
By-law. The Board of Health or its specific designee may enforce a decision of
the Board regarding the non-criminal disposition of a complaint or request for
enforcement.
APPLICABLE BOARD OF WRALTR REGUL%TIQNS
Article X, Minimum Sanitation Standards for
Food Service Establishments
Up to
$300.00
Tobacco Control Regulations
Individual
Vendor or Food Establishment, first offense
, 2nd offense
, 3rd offense
$ 25.00
$ 50.00
$100.00
$250.00
Dumpster regulations
$ 50.00
Regulations for Sewer Tie-in
$200.00
Rules and Regulations Governing the Practice
of Massage and the Conduct of Establishments
for the Giving of Massage, Vapor, Pool, Shower,
or other Baths in the Town of North Andover
$100.00
North Andover Board of Health Regulations
for Watershed Pumping
$200.00
Regulations for Suntanning Establishments
$300.00
Gayton Osgood, Board of Health
Board of Selectmen Recommendation: Unfavorable Action.
ARTICLE 43. AMEND ZONING BYLAW - SECTION 9 - NON-CONFORMING USES. To see
if the Town will vote to add the following language to the end of paragraph 9.1,
SECTION 9 - NON-CONFORMING USES.
"When a pre-existing structure has been made non-conforming due to
changes in the lot size required by this bylaw, such structure may
be extended or altered based on a finding by the Zoning Enforcement
62
officer that such structure after the change meets all current
zoning requirements except for lot size."
Richard Rowen & Others
Board of Selectmen Recommendation: Favorable Action.
Planning Board Recommendation: Favorable Action.
ARTICLE 44. ZONING BYLAW AMENDMENT SECTION 6 SIGN BYLAW. To see if
the Town will vote to amend Section 6 of the Zoning Bylaw by replacing the
existing sign bylaw with the following sign bylaw or take any other action
relative thereto:
SECTION 6 SIGNS AND SIGN LIGHTING REGULATIONS
6.1 Authority and Interpretation
This Bylaw is adopted, as a General Bylaw pursuant t Chapter 93, Section 29-33,
inclusive, as amended, and a Zoning Bylaw pursuant to Chapter 40-A, as amended
of the General Laws of the Commonwealth of Massachusetts. This Bylaw is hereby
declared to be remedial and protective, and is to be so construed and interpreted
as to secure the beneficial interests and purposes defined in Section 6.2 of this
Bylaw.
6.2
1.
Purposes
The regulation and restriction of signs within the Town of North Andover
in order to protect and enhance the visual environment of the Town for
purposes of safety, convenience, information, and welfare of its
residents.
2 o
The restricting of signs and lights which overload the public's capacity
to receive information, which violate privacy, or which increase the
probability of accidents by distracting attention or obstructing vision.
To encourage signage and lighting which aid communication, orientation,
identify activities, express local history and character, serve
educational purposes for the public good.
The reduction of visual and informational conflict among private signs and
lighting and between the private and public information systems.
6.3 Definitions
Accessory Sign - A sign that advertises activities, goods, products, or a
specific use, owner, or tenant, available within the building or on the
property on which the sign is located, or advertises the property as a
whole or any part thereof for sale or rent.
Building Frontage The length in feet of a ground floor level of a
63
3 0
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10.
11.
12.
13.
14.
Building Frontage - The length in feet of a ground floor level of a
building front or side facing a street (or facing a right-of-way
accessible from a street) that is occupied by an.individual business.
Dimensional Sign - A non-accessory sign containing no advertising and
giving direction to community (non-commercial) activities, buildings,
areas, such as~churches, schools, playgrounds, museums, historical sites,
public buildings, etc. Sign not to exceed 12"x30".
Display Window Signs - Temporary signs on the surface of or inside display
windows, lighted only by the general building illumination.
Erect - Shall mean and include to construct, place, relocate, enlarge,
alter, attach, suspend, and post.
Flagpole - A pole erected on a roof, or projecting from a building or
structure or on the ground.
Freestanding Sign Shall mean and include any sign not attached to a
building or the ground.
Ground Sign - Any sign erected on the ground which is self-supported and
anchored to the ground.
Illuminated Sign Illuminated sign shall mean any sign illuminated by
electricity, gas, or other artificial light including reflective or
phosphorescent light and shall include location of source of illumination.
Marquee Any sheltering structure of permanent Construction projecting
from and totally supported by the wall and/or roof of a building.
Non-Accessory Sign - Any sign that is not an accessory sign.
Obscene shall have the meaning as that term is defined in Massachusetts
General Laws Chapter 272, SeCtion 1. Massachusetts General Laws,
Chapter 272, Section defines "obscene" as follows:
appeals to the prurient interest of the average person applying the
contemporary standards of the county where the offense was
committed;
depicts or describes sexual conduct in a potentially offensive way;
and
3. lacks serious literary, artistic, or political or scientific value.
Permanent Sign - Any sign permitted to be erected and maintained for more
than sixty (60) days.
Primary Sign - The principal accessory~sign which may be a wall, roof, or
ground sign, as allowed in Section 6.6.
64
15.
16.
17.
18.
19.
20.
6.4
Projecting Sign - Any sign which is attached or suspended from a building
or other structure and any part of which projects more than twelve (12)
inches from the wall surface of that portion of the building or structure.
Roof Sign - Any sign erected, constructed, and maintained wholly upon,
connected to, or over the roof or parapet of any building with the entire
support on the roof or roof structure.
Secondary Sign - Is a wall, roof, or ground sign intended for the same use
as a primary sign but smaller dimensions and lettering, as allowed in
Section 6.6.
Sign - A sign is any structure, mechanically or electrically driven, still
or moving device, light, letter, figure, word, model, banner, pennant,
trade flag, or representation that is designed to be seen from outside the
lot on which it is erected. It advertises activities, goods, places,
persons, objects, institutions, organizations, associations, businesses or
events, products, services, or facilities available either on the property
where the sign appears or in some other location. The definition includes
electric signs in windows or doors, but does not include window displays
or merchandise. A sign may be permanent or temporary.
Sign Size (Area) The surface area of any sign is the entire area within
a single continuous perimeter enclosing the extreme limits of lettering,
representation, emblems, or other figures, together with any material or
color forming an integral part of the display or used to differentiate the
sign from the background against which it is placed. Structural members
bearing no sign copy shall not be included.
Wall Sign Any sign affixed to, suspended from or painted on a wall,
window, marquee, or parapet.
Administration and Enforcement
Enforcement - The Building Inspector is hereby designated as the Sign
Officer and is hereby charged with the enforcement of this Bylaw.
The Sign Officer and his duly authorized agents shall, at reasonable
times and upon presentation of credentials, have the power to enter
upon the premises on which any sign is erected or maintained in
order to inspect said sign.
The Sign Officer is further authorized, upon notice as herein
provided, to order the repair or removal of any sign which in his
judgement is a prohibited non-accessory sign, or is likely to become
dangerous, unsafe, or in disrepair, or which is erected or
maintained contrary to this Bylaw. The Sign Officer shall serve a
written notice and order upon the owner of record of the premises
where the sign is located and any advertiser, tenant, or other
persons known to him having control of or a substantial interest in
said sign, directing the repair or removal of the sign within a time
not to exceed thirty (30) days after giving such notice. If such
65
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6.5
1.
notice and order is not obeyed within such period of time, the Sign
Officer and his duly authorized agents shall, at reasonable times
and upon presentation of credentials, have the power to enter upon
the premises on which said sign is erected or maintained and repair
or remove, or cause to be repaired or removed, said sign.
Ail expenses incurred by the Sign Officer and his duly authorized
agents in repairing or removing any sign shall be assessable against
any person who failed to obey said notice and order and shall be
recoverable in any court of competent jurisdiction if not paid
within thirty (30) days after written notice of assessment is given
by the Sign Officer at any such person.
Permits:
No permanent sign shall be erected, enlarged, or structurally
altered without a sign permit issued by the Building Inspector.
Permits shall only be issued for signs in conformance with this
Bylaw. Permit applications shall be accompanied by two (2) prints
of scale drawings of the sign, supporting structure and location.
A copy of any relevant special permit shall also accompany the
application. All freestanding or roof signs shall be registered and
identified as required by Section 1407.0 of the State Building Code.
bo
Notwithstanding anything to the contrary in this Bylaw, any
permanent sign authorized under this Bylaw may contain any otherwise
lawful, non-commercial message which does not direct attention to a
business or to a service or commodity for sale in lieu of any
message or content described in the applicable regulation.
Non-conformance of Accessory Signs:
Any non-conforming sign legally erected prior to the adoption of this
provision, may be continued and maintained. Any sign rendered non-
conforming through change or termination of activities on the premises
shall be removed within thirty (30) days of order by the Building
Inspector. No existing sign shall be enlarged, reworded, redesigned, or
altered in any way unless it conforms to the provisions contained herein.
Any sign which has been destroyed or damaged to the extent that the cost
of repair or restoration will exceed one-third (1/3) of the replacement
value as of the date of destruction shall not be repaired, rebuilt,
restored or altered unless in conformity of this Bylaw.
Street Banners or Signs - Street banners or signs advertising a public or
charitable entertainment or event, by Special Permit from the Board of
Selectmen. Such a sign shall be removed within seven (7) days after the
event.
Prohibitions:
No sign shall be lighted, except by steady, stationary light, shielded and
directed solely at or internal to the sign.
66
No illumination shall be permitted which casts glare onto any residential
premises or onto any portion of a way so as to create a traffic hazard.
No sign shall be illuminated in any residential district between the hours
of 12:00 midnight and 6:00 a.m. unless indicating time or temperature or
an establishment open to the public during those hours.
No sign having red or green lights shall be erected within sight of a
traffic signal unless approved as non-hazardous by the Chief of Police.
No animated, revolving, flashing, or exterior neon sign shall be
permitted.
No pennants, streamers, advertising flags, spinners or similar devices
shall be permitted, except as allowed by the board of Selectmen.
7. Corner visibility shall not be obstructed.
8 0
No sign shall be erected, displayed, or maintained upon any rock, tree,
fence, or utility pole.
No sign shall be erected, displayed, or maintained if it contains any
obscene matter.
10.
Flags and insignia of any Government when displayed in connection with
commercial promotion.
11. No sign shall obstruct any means of egress from a building.
12. Projecting signs are prohibited.
13.
Non-accessory signs are prohibited except for directional signs as allowed
· n Section 6.6, B.
6.6 Permitted Signs (Fee Required)
Residence District - Accessory Signs - The following signs are allowed in
a residence district as well as all other districts.
One (1) sign, either attached or freestanding, indicating only the name of
the owner or occupant, street number and permitted uses or occupations
engaged in thereon, not to exceed two (2) square feet in area. Such sign
may include identification of any accessory professional office, home
occupation, or other accessory uses permitted ~n a residence district.
One (1) sign oriented to each street on which the premises has access,
either attached or freestanding, pertaining to an apartment development or
a permitted non-residential principal use of the premises, such sign not
to exceed ten (10) square feet in area. [
One (1) unlighted contractor's sign, not exceeding twenty-five (25) square
feet in area, maintained on the premises whil~ construction is in process
67
and containing information relevant to the project. Such sign shall be
removed promptly after completion of the construction.
One (1) unlighted identification sign at each public entrance to a
subdivision not exceeding twelve (12) square feet in area; to be removed
when the subdivision roadway is accepted by the Town.
Off-premises Signs: Only signs pertaining exclUsively to the premises on
which they are located or to products, accommodations, services or
activities on the premises shall be allowed, except that an off-premises
directional sign, designating the route to an establishment not on the
street to which the sign is oriented, may be erected and maintained within
the public right-of-way at any intersection if authorized by the Board of
Selectmen or on private property if granted a special permit by the Board
if Appeals~ Such sign shall be authorized only upon the authorizing
agency's determination that such sign will promote the public interest,
will not endanger the public safety and will be of such size, location and
design as will not be detrimental to the neighborhood. At locations where
directions to more than one (1) establishment are to be provided, all such
directional information shall be incorporated into a single structure.
All such directional signs shall be unlighted, and each shall be not over
four (4) square feet in area.
Temporary Signs: Temporary signs shall be allowed as provided below, and
provided that they comply with the following:
(a)
Unless otherwise specified in the Bylaw, temporary signs must comply
with all applicable requirements for permanent signs, including
issuance of a sign permit.
Temporary signs, for not more than twelve (12) square feet in area,
erected for a charitable or religious cause; requires no sign permit and
is to be removed within thirty (30) days of erection. The Building
Inspector shall maintain placement controls.
One (1) temporary unlighted real estate sign advertising the sale, rental
or lease of the premises or subdivision on which it is erected to be not
larger than six (6) square feet; requires no sign permit if the erecting
agent has obtained a one year permit for erecting such sign. (Such sign)
to be removed fourteen (14) days after sale, rental or lease.
One (1) temporary unlighted sign not larger than twenty-five (25) square
feet indicating the name and address of the parties involved in
construction on the premises.
Temporary signs not meeting requirements for permanent signs may advertise
sales, special events, or changes in the nature of an operation, but shall
not otherwise be used to advertise a continuing or regularly recurring
business operation and shall be removed promptly when the information they
display is out of date or no longer relevant.
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Dm
Temporary signs pertaining to a candidate or ballot question appearing on
the ballot of an election duly called in the Town of North Andover shall
require no sign permit and shall be allowed in all zoning districts. Such
signs permitted by this Bylaw:
(a)
(b)
(c)
(d)
(e)
shall only be permitted on private property;
shall not exceed six (6) square feet in area per sign and shall not
exceed in aggregate twenty-four (24) square feet in area per lot;
shall not be higher than three (3) feet above ground level;
shall be stationary and shall not be illuminated;
shall be erected no sooner than thirty (30) days prior to the date
of the election and shall be removed within three (3) days after the
election.
Unless otherwise specified in this Bylaw, temporary signs pertaining to
other non-commercial issues shall require no sign permit and shall be
allowed in all zoning districts. Such signs shall be subject to the
limitations set forth in subsection (5) (a)-(e) above.
Identification Signs or entrance markers for a church, or synagogue shall
not exceed a combined total of thirty (30) square feet and provided that
there shall be no more than two (2) signs allowed on the premises.
Notwithstanding any other provisions of this Bylaw, signs may be erected
for posting land; example, no hunting, no trespassing, etc.
Residence Districts: Non-accessory Signs - Directional signs by Special
Permit from the Board of Selectmen, limited as follows:
1. Two (2) signs for each activity, not exceeding 6"x30" in size.
2. Ground signs not exceeding eight (8) feet in height.
Business and Industrial Districts: Accessory
Ail signs permitted in residence districts as provided in Section 6.6(A)
and 6.6(B), except that temporary real estate signs may be as large as
twenty-five (25) square feet.
Each owner, lessee, or tenant shall be allowed a primary and a secondary
sign. Said sign may be used as ground, wall, or roof signs. No lot shall
be allowed to have more than one (1) ground sign structure.
One (1) temporary freestanding sign of not more than twenty-five (25)
square feet in area and extending not more than eight (8) feet above
ground level. Larger or taller signs may be allowed by Special Permit of
the Board of Appeals, if said Board determines that the particular sign
will nou be incongruous with the district in which it is to be located nor
injurious to traffic and safety conditions therein.
For premises having multiple occupants, a single sign, either attached or
freestanding, identifying those occupants. The total area of attached
69
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signs including this one', shall not exceed ten percent (10%) of wall area,
and the area of any freestanding si~n allowed under this paragraph shall
not exceed twenty-five (25) square feet.
Temporary unlighted signs inside windows, occupying not more than twenty
percent (20%) of the area of the window requires no sign permit.
No sign shall project more than one (1) foot over any public right-of-way
shall be covered by appropriate liability insurance as determined by the
Building Inspector and verified by a certificate of insurance filed with
the Town Clerk.
Service stations or garages may divide the allowed wall sign area into
separate, smaller wall signs indicating separate operations or
departments. A freestanding identification sign of fifty (50) square feet
with price sign incorporated is allowed.
Building directories (if located outside) may be affixed to the exterior
wall of a building at each public entrance. Such directory shall not
exceed an area determined on the basis of one (1) square foot for each
establishment occupying the building.
Traffic Control orientational and guidance signs located on private
property, up to four (4) square feet in area, displayed for purposes of
direction or convenience, including signs identifying parking, fire lanes,
rest rooms, freight entrances and the like.
Shopping Centers
Signs are permitted in residence districts, except that temporary real
estate signs maybe as large as ten (10) square feet.
Signs attached to a building or its canopy, parallel with the facade and
not projection above the roof-line, advertising the name of a firm or
goods or services available on the premises, provided that the total area
of all signs erected on any wall by any occupant may not exceed twenty
percent (20%) of the portion of the wall area assigned to that occupant.
In no case shall any occupant's sign total more than two hundred (200)
square feet facing any single street.
For any retailing complex comprising three (3) or more enterprises on a
single lot and fifty thousand (50,000) square feet floor area or more, one
(1) freestanding sign for each street on which the development fronts,
containing the name or other identification of the area occupied by the
complex. Each sign shall be no larger than one hundred (100) square feet.
Such sign shall not be located within ten (10) feet of any property line
or the line of any way, and no part of the sign shall be more than twenty
(20) feet above the ground level.
Temporary, unlighted signs, inside windows, occupying not more than fifty
percent (50%) of the area of the window requires no sign permit.
7O
Fo
3 o
Ho
Office Parks
Signs as permitted in residence districts, except that temporary real
estate signs may be as large as ten (10) square feet.
One (1) sign for each street upon which the premises has frontage,
identifying a subdivision of lots for office development. This sign shall
be no greater than eight (8) feet in height and no larger than twenty (20)
square feet in area except where the property fronts on a high-speed,
limited access highway, in which case a special exception may be granted
for a larger sign if required for legibility.
Signs for individual properties or tenants shall be limited to a single
sign no larger than three (3) square feet per tenant. Individual tenants
must have Letter of Permission from property owner. The Board of Appeals
may grant a Special Permit for an exception for a larger area where this
will not impair legibility of other signs or be incongruous with the
surroundings, based upon consideration of the number of occupants and
signs per building, size of building and integration of sign and building
design.
Industrial Districts
Signs as permitted in residence districts, except that temporary real
estate signs may be as large as twenty-five (25) square feet.
Signs attached flat against the wall or canopy of a building, or
projecting not more than six (6) feet above such wall, advertising the
name of the firm or goods or services available or produced on the
premises; provided that the total area of all such sighs does not exceed
twenty percent (20%) of the area of the side of the building to which they
are attached or two hundred (200) square feet, whichever is less.
One (1) freestanding sign, containing the name or other
identification of the use on the property, for each street on which the
property fronts, each sign is limited to an area of one hundred (100)
square feet. Such sign shall not be located closer than forty (40) feet
to any property line or twenty (20) feet above ground level.
Guidelines
The following are further means by which the objectives for signs can be
served. These guidelines are not mandatory, but degree of compliance with
them shall be considered by the Special Permit Granting Authority in
acting upon special permits authorized under this section, as shall
consistency with the basic sign objectives cited above.
Efficient Con~nunication:
Signs should not display brand names, symbols or slogans of nationally
distributed products except in cases where the majority of the floor or
lot on the premises is devoted t manufacture or sale or other processing
71
of that specific product.
Premises chiefly identified by a product name (such as a gasoline or auto
brand) should devote some part of their permitted sign area to also
displaying the identity of the local outlet.
Signs should not contain selling slogans or other advertising which is not
an integral part of the name or other identification of the enterprise.
Sign content normally should not occupy more than forty percent (40% of
the sign background, whether a signboard or a building element.
Signs should be simple, neat and avoid distracting elements, so that
contents can be quickly and easily read.
Environmental Relationship
Sign design should take into consideration the scale of the street to
which the sign is oriented and the size, brightness, style, height and
colors of other signs in the vicinity.
Sign brightness should not be excessive in relation to background lighting
levels, e.g., averaging not in excess of one hundred (100) footlamberts in
the downtown or similarly bright areas and not in excess of twenty (20)
footlamberts in unlighted outlying areas.
Building Relationship
signs should be sized and located so as to not interrupt obscure or hide
the continuity of columns, cornices, roof eaves, sill lines or other
elements of building structure and where possible, should reflect and
emphasize building structural form.
Sign material, colors and lettering should be reflective of the character
of the building to which the sign relates, just as sign size should be
related to building size.
Clutter should be avoided by not using support brackets extending above the
sign or guy wires and turn buckles.
Landscaping, Buffering, Lighting
In Shopping Centers and Office Parks, landscaping shall be provided and
maintained in accordance with planting approved by the Planning Board and
incorporated as part of the plans on which the Special Permit of the Board
of Appeals is based.
In all industrial districts, landscaping shall be provided and maintained
in front yards and in side yards abutting public ways for aesthetic reasons
to break up lines of buildings and for screening accessory facilities under
the requirements discussed below. Specifically, in all Industrial and
Business Districts, landscape screening shall be provided adjacent to:
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a. Abutting existing residential properties; and
Abutting limited access highways in addition to the landscaping
front and side yards mentioned above.
Landscape screening shall consist of planting, including evergreens,
the plantings to be of such height depth as is needed to screen
adequately from view from abutting area any unshielded light source,
either inside or outside.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action.
Planning Board Recommendation: Favorable Action.
ARTICLE 45. ACQUISITION OF EASEMENT - RALEIGH TAVEP~! LANE. To see if the
Town will vote to raise and appropriate the sum of $ 100.00 to be expended under
the direction of the Board of Selectmen for the purpose of acquiring by purchase,
eminent domain, gift, grant or otherwise, an easement for drainage over and under
a parcel of land now owned by William Crafton and Mary Lou Crafton, see deed
recorded with the North Essex Registry of Deeds in Book 1725, at Page 231 and any
other persons with an established right in the following described premises:
A strip of land twenty feet in width over a portion of Lot No. 14 on a plan
entitled, "Definitive Plan 'Raleigh Tavern Estates', North Andover,
Massachusetts, Owner, Old North Andover Realty Trust,. Engineer, Hayes
Engmneering, Inc." dated May 1~, 1968, and recorded mn the North Essex Registry
of Deeds, as Plan No. 5913. Said strip commencing at a point on the
Southeasterly line of Raleigh Tavern lane at Station 9 + 04.34; thence travelling
N 48 degrees 02' 00" East for a distance of 140.00 feet; thence travelling S 41
degrees 58' 00" East for a distance of 20.00 feet; thence travelling S 48 degrees
02' 00" West for a distance of 140.00 feet; to another point on the Southeasterly
line of Raleigh Tavern Lane at Station 9 + 24.34; thence travelling N 41 degrees
58' 00" West along the Southeasterly boundary of Raleigh Tavern Lane for a
distance of 20.00 feet to the point of beginning.
Including without limiting any and all rights necessary to provide drainage
over and under said strip, the perpetual rights and easements to construct,
inspect, repair, remove, replace, operate and forever maintain (a) pipes,
conduits, and their appurtenances for the conveyance of water, (2) a covered
surface and ground water drain or drains with any manholes, pipes, conduits and
their appurtenances, and (3) rights of flowage over the surface for surface and
ground water drainage including the right to alter the surface contours to
contain, direct, and control the flow of said water and to do all other acts
incidental to the foregoing, including the right to pass along and over the land
for the aforesaid purposes, over, in, through and under the whole of said twenty
(20) foot strip of land.
George Perna and Others
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Board of Selectmen Recommendation: Favorable Action.
Planning Board Recommendation: To be made at Town Meeting.
ARTICLE 46. ACQUISITION OF EASEMENT - RALEIGH TAVERN LANE (Scarborough
Property). To see if the Town will vote to raise and appropriate the sum of
$ 100.00 to be expended under the direction of the Board of Selectmen for the
purpose of acquiring by purchase, eminent domain, gift, grant or otherwise, an
easement for drainage over and under a parcel of land now owned by Richard H.
Scarborough and Patricia M. Scarborough, see deed recorded with the North Essex
Registry of Deeds in Book 1142, at Page 90 and any other persons with an
established right in the following described premises:
A strip of land twenty feet in width over a portion of Lot No. 30 on a plan
entitled, "Definitive Plan 'Raleigh Tavern Estates', North Andover,
Massachusetts, Owner, Old North Andover Realty Trust, Engineer, Hayes
Engineering, Inc." dated May 15, 1968, and recorded in North Essex Registry of
Deeds, as Plan No. 5913. Said strip commencing at a point on the Northwesterly
line of Raleigh Tavern Lane at Station 9 + 01.02; thence travelling S 75 degrees
52' 00" West for a distance of 120.00 feet; thence travelling S 14 degrees 08'
00" East for a distance of 20.00 feet; thence travelling N 75 degrees 52' 00"
East for a distance of 130.58 feet to anOther point on the Northwesterly line of
Raleigh Tavern Lane at Station 9 + 23.64; thence travelling N 41 degrees 58'00"
West along the northwesterly boundary of Raleigh Tavern Lane for a distance of
22.62 feet to the point of begirhning.
Including without limiting any and all rights necessary to provide drainage
over and under said strip, the perpetual rights and easements to construct,
inspect, repair, remove, replace, operate and forever maintain (a) pipes,
conduits, and their appurtenances for the conveyance of water, (2) a covered
surface and ground water drain or drains with any manholes, pipes, conduits, and
their appurtenances, and (3) rights of flowage over the surface for surface and
ground water drainage including the right to alter the surface contours to
contain, direct, and control the flow of said water and to do all other acts
incidental to the foregoing, including the right to pass along and over the land
for the aforesaid purposes, over, in, through and under the whole of said twenty
(20) foot strip of land.
George Perna and Others
Board of Selectmen Recommendation: Favorable Action.
Planning Board Recommendation: To be made at Town Meeting.
ARTICLE 47. ACQUIRE BY EMINENT DOMAIN A PORTION OF REA STREET. To see if
the Town will vote to acquire by eminent domain that portion of Rea Street from
Summer Street to North Cross Road, as shown on "Subdivision Plan of Land on
Francis Estates in North Andover, Mass., drawn for E.C.S., Inc., PO Box 177,
Pinehurst, MA, Scale 1"=40', Dec., 1984, Rev. June, 1985, Merrimack Engineering
Services, 66 Park Street, Andover, MA 01810 which plan is recorded in the Essex
74
North Registry of Deeds, as Plan No. 10015, and at the discretion of the
Department of Public Works to expend as much as necessary of the subdivision
performance bond funds released upon demand of the Town, and now held by the
Town, to complete the final paving of that portion of Rea Street.
Gina Armano and Others
Board of Selectmen Recommendation: Favorable Action.
Planning Board Recommendation: Favorable Action.
ARTICLE 48. ACCEPTANCE OF STATE HIGHWAY - PORTIONS OF OSGOOD AND ANDOVER
STREETS. To see if the Town will vote to authorize the Board of Selectmen to
execute an agreement between the Town of North Andover and the Commonwealth of
Massachusetts Highway Department to allow the Commonwealth to discontinue certain
sections of Andover Street and Osgood Street, which are currently designated as
State Highways, and thereafter said ways so discontinued shall become Town ways
in accordance with Massachusetts General Laws Chapter 81, Section 12, and further
to authorize the Board of Selectmen to accept from the Commonwealth of
Massachusetts the above roadways "As is" and Grant Funds in the amount of
$ 995,000.00, more or less, to be expended by the Division of Public Works, with
the approval of the Town Manager, for the purpose of improving said roadways to
Town standards.
Board of Selectmen Recommendation: Favorable Action.
Planning Board Recommendation: Favorable Action.
ARTICLE 49. ROADWAY ACCEPTANCE - ANNE ROAD. To see if the Town will vote
to accept the roadway, as public way, namely "Anne Road" from Station # 0+26.67
to Station ~4+52.75, as shown on the plan entitled "Definitive Subdivision Plan
of Land Sideri Place, North Andover, Massachusetts," prepared by
"Richard F. Kaminski & Associates, 200 Sutton Street, North Andover,
Massachusetts 01845", dated May 29, 1985, "Sheet 2 of 4, and recorded at Essex
North Registry of Deeds, as Plan # 10158, received and recorded January 17, 1986
at 2:25 PM, B 2116, P 1, Registry of Deeds."
Ercole L. Sideri and Others
Board of Selectmen Recommendation: Favorable Action, subject to the Town
receiving all property interests necessary to secure the rights of the public
to pass and repass over said way.
Planning Board Recommendation: Favorable action, subject to final review of all
easement documenEs.
ARTICLE 50. ROADWAY ACCEPTANCE - PORTION OF BOOTH STREET. To see if the
Town will vote to accept as a public way that portion of Booth Street as is
located between Wesley and Wallace Streets and shown on a plan entitled
75
"Definitive Subdivision Plan, being a subdivision of Lot 292 Shown on Land Court
Plan 3263F located in North Andover, MA", Applicant: S & S Builders,
Christiansen and Sergi, Professional Engineers Land Surveyors and recorded with
the Land Court as Plan 3263G all as further set out in the legal description
filed herewith as Exhibit A and filed with the North Andover Board of Selectmen
and the Community Development Department.
To accept as a public way that portion of Booth Street as is located
between Wesley and Wallace Streets and shown on a plan entitled "Definitive
Subdivision Plan, being a Subdivision of Lot 292 shown on Land Court Plan 3263F
located in North Andover, MA", Applicant: S & S Builders, Christiansen and
Sergi, Professional Engineers Land Surveyors and recorded with the Land Court as
Plan #3263G all as further set out in the legal description filed herewith as
Exhibit A and filed with the North Andover Board of Selectmen and the Community
Development Department.
The Land together with the improvements thereon shown as Booth Street, as
laid out on a plan entitled "Definitive Subdivision Plan being a Subdivision of
Lot 292 shown on Land Court Plan #3263F" located in North Andover, Massachusetts,
Applicant: S & S Builders, Inc., dated: January 1, 1993, revised May 28, 1993,
Christiansen & Sergi, professional engineers, and being further bounded as
follows:
Northerly:
Easterly:
Southerly:
Westerly:
by the intersection with Wesley Street as shown on said plan;
by the frontage of lots 293, 294, and 295, as shown on said plan;
by the intersection with Wallace Street as shown on said plan; and
by land now or formerly of Balsamo and now or formerly of Bottigi.
Meaning and intending to convey all fee interest as underlies Booth Street,
as shown on said plan together with any other fee interest with Wallace and
Wesley Streets, as may be necessary to effect the utilization of Booth Street.
Reserved in this grant is the fee interest underlying the right of way, as shown
on Lot 295 but conveying by separate instrument, the right to pass and repass
over that portion of lot 295, as it shown as a right of way easement.
Carmen R. Corsaro and Others
Board of Selectmen Recommendation: Favorable Action, subject to the Petitioner
complying with the requirements of the Division of Public Works, and further
subject to the Town receiving all property interests necessary to secure the
rights of the public to pass and repass over said way .
Planning Board Recommendation: To be made at Town Meeting.
ARTICLE 51. ROADWAY ACCEPTANCES - CASTLEMERE AND CARRIAGE CHASE. To see
if the Town will vote to accept as public ways, the roadways known as Castlemere
and Carriage Chase, as shown on a plan of land entitled "Definitive Subdivision
Plan of 'Marble Ridge' in North Andover, Mass." Owner and Applicant:
Marbleridge Development, Corp., 754 Forest Street, North Andover, MA,
76
Christiansen Engineering, Inc., dated October 19, 1984, as revised, said plan
recorded in the North Essex Registry of Deeds as plan #979l all as further set
out in the legal description filed herewith, as Exhibit A (incorporated by
reference) and filed with the North Andover Board of Selectmen and Community
Development Department.
EXHIBIT A
This is a legal description appended to a warrant'article filed by the
Marbleridge Development Corporation, Michael Kasabuski, President and Treasurer
and is intended to further identify Castlemere and Carriage Chase, so called, the
roadways shown on a plan of land entitled "Definitive S~bdivision Plan of 'Marble
Ridge' in North Andover, Mass." said plan recorded in the North Essex Registry
of Deeds, as Plan #9791. The roadways petitioned for acceptance, as public ways
are further bounded and described, as follows:
Beginning at a point in the easterly line of Great Pond Road, at the
corner of Lot IA, 98.28 feet southwesterly of a drill hole set as
shown on said plan; and thence running by an arc with a radius of
25 feet, a length of 31.42 feet to a point; and thence continuing to
run by the westerly frontage of Lots iA, Lot 21, 20, 19, 18, and 17,
as said lots abut Castlemere to a point; and thence continuing to
run by an arc with a radius of 25 feet a length of 39.77 feet to a
point; and thence by the southerly line of Lot 17, as it abuts
Carriage Chase to a point in the corner of the stone wall, as shown
on said Plan; thence continuIng to run westerly by the stone wall
27.63 feet to a point; thence turning and running south 14 56' 10"
east 59.14 feet to a point in the southerly line of Carriage Chase,
as it abuts Lot 16 and thence running westerly by the frontage of
Lots 16, 15, and 14 as said lots abut Carriage Chase to a point;
thence turning and running by an arc with a radius of 25 feet for a
length of 38.76 feet; thence turning and running in a southerly and
westerly direction by the frontages of Lots 14, 13, 12, 11 and other
land shown on said Plan now or formerly of Marbleridge Development
Corp, as said lots and land abut Castlemere to a point; thence
turning and running by an arc with a radius of 20 feet a length of
31.42 feet to a point in the easterly line of Marbleridge Road;
thence turning and running by the easterly line of Marbleridge Road
90 feet to a point; thence turning and running by an arc with a
radius of 20 feet a length of 31.42 feet to a point in the northerly
line of Castlemere; thence running by the northerly line of
Castlemere by other land shown on said plan of Marbleridge
Development Corp. and the frontages of Lots 25, 24, 23, 22, and
still other land of the said Marbleridge Development Corp., as said
lots and lands abut Castlemere to a point; thence turning and
running by and arc with a radius of 25 feet for a length of 31.42
feet to a point in the easterly line in Great Pond road; thence
turning and running northerly by the Easterly line of Great Pond
Road; thence turning and running northerly by the Easterly line of
77
Great Pond Road 90 feet to the point of beginning, meaning and
intending to describe the ways shown as "Castlemere" and "Carriage
Chase" on said plan, however the same may be bounded and described.
Michael Kasabuski and Others
Board of Selectmen Recommendation: Favorable Action, subject to the Town
receiving all property interests necessary to secure the rights of the public
to pass and repass over said way.
Planning Board Recommendation: Favorable Action subject to final review of all
easement documents.
ARTICLE 52. ROADWAY ACCEPTANCE - HIDDEN COURT. To see if the town will
vote to accept the roadway, as a public way, namely Hidden Court (Stations are
not set forth on said Plan) on a plan of land entitled: "SUBDIVISION PLAN OF
LAND IN NORTH AN-DOVER, Donohoe and Parkhurst, Inc., Surveyors," Dated:
September 25, 1989, Sheets 1-6, and recorded at North Essex District Registry of
Deeds, Registered Land Section, as Plan No. 369093U.
Paul St. Hilaire, Trustee of Summer Trust, u/d/t dated October 9, 1984, and
recorded in Essex North District Registry of Deeds in Book 1879, page 298 of
North Andover, Essex County, Massachusetts being unmarried, for consideration
paid and in full consideration of less than One Hundred ($100.00) Dollars grant
to the inhabitants of the Town of North Andover, Massachusetts.
The fee in the roadway known as Hidden Court, North Andover, Massachusetts.
For a more particular description of Hidden Court, North Andover, Massachusetts,
see Exhibit "A" attached hereto and made a part of hereof.
Hidden Court is set forth on a Definitive Subdivision Plan entitled
"Coventry Estates Phase II, Owner and Developer, Coventry Development
Corporation, Lindberg Avenue, Methuen, Mass., Beta International Corporation,
197 Portland Street, Consulting Engineers, Boston, Mass., July 1986, revised
April, 1987." Said plan is recorded at North Essex Registry of Deeds, Registered
Land Section, as Plan No. 36903U. Reference may be had to said plan for a more
particular description.
For Grantor's title to Hidden Court, see Document No. 52902, Certificate
of Title No. 1169, Book 82, Page 273.
LEGAL DESCRIPTION OF HIDDEN COURT
Beginning at a point where the easterly line of Blue Ridge Road
intersects the northerly line of Hidden Court;
Thence in a sOutheasterly and easterly direction along a curved line
of Radius = 25.00', a distance of 36.65' to a point;
Thence in an easterly direction on a curved line of radius
= 375.00', a distance of 199.11' to a point;
Thence in an easterly but more northeasterly direction on a curved
line of radius=775.00',~a distance of 200.00' to a point;
78
Thence in a northerly direction along a curved line of radius
= 25.00', a distance of 24.68' to a point;
Thence a northerly, northeasterly, easterly, southeasterly,
southerly, southwesterly and westerly direction along a curved line
of radius=60.00' a distance of 301.45' to a point;
Thence is a westerly and southwesterly direction along a curved line
of radius = 25.00' a distance of 22.52' to a point;
Thence in a southwesterly direction along a curved line of radius
= 825.00', a distance of 217.35' to a point;
Thence is a westerly direction along a curved line of radius
= 425.00', a distance of 234.88' to a point; - ~
Thence in a westerly and southwesterly direction on a curved line of
radius=25.00', a distance of 32.32' to a point in the easterly line
of Blue Ridge Road;
Thence in a northerly direction on a curved line of
Radius = 225.00', a distance of 90.95 ' to the point of beginning.
Paul St. Hilaire and Others
Board of Selectmen Recommendation: Favorable Action, subject to the Town
receiving all property interests necessary to secure the rights of the public
to pass and repass over said way.
Planning Board Recommendation: Favorable Action subject to final review of all
easement documents.
ARTICLE 53. ROADWAY ACCEPTANCE - MEADOWOOD ROAD. To see if the town will
vote to accept the roadway, as a public way, namely Meadowood Road, as shown on
a plan entitled "Special Permit and Definitive Plan Meadowood North Andover,
Mass"' prepared by Merrimack Engineering Services, Inc., 66 Park Street, Andover,
Massachusetts, 01810, prepared for Meadows Realty Trust, PO Box 6700 Suite 209,
North Andover, Mass, dated September 15, 1992, sheet 1 through 7 and recorded at
Essex North Registry of Deeds, as Plan ~12178.
Thomas Laudani and Others
Board of Selectmen Recommendation: Favorable Action, subject tO the petitioner
complying with the requirements of the Division of Public Works, and further
subject to the Town receiving all property interests necessary to secure the
rights of the public to pass and repass over said way.
Planning Board Recommendation: To be made at Town Meeting.
ARTICLE 54. ROADWAY ACCEPTANCE SCOTT CIRCLE. To see if the Town will
vote to accept the roadway as a public way, namely Scott Circle from Station 0+00
to Station 5+50.36 as shown on a plan entitled "Whippoorwill Park" prepared by
Neve Associates, 447 Old Boston Road, Topsfield, MA 01983, prepared for David and
Cheryl Dickerson, One Scott Circle, North Andover, MA 01845, dated
79
February 15, 1991, Revised August 3, 1993 by Scott Giles, 50 Deer Meadow Road,
North Andover, MA 01845, sheet 1 of 3 and recorded at Essex North Registry of
Deeds as Plan ~12273.
Cheryl Dickerson and Others
Board of Selectmen Recommendation: Favorable Action, subject to the Town
receiving all property interests necessary to secure the rights of the public
to pass and repass over said way.
Planning Board Recommendation: Favorable Action.
ARTICLE 55. ROADWAY ACCEPTANCE SPRING HILL ROAD. To see if the Town
will vote to accept the roadway, as a public way, namely Spring hill road, as
shown on a Plan of Land entitled "Spring Hill" , Thomas E. Neve, Associates,
Engineer, dated October 17, 1994, Joseph Fitzgibbons, Trustee, Owner. Said Plan
is recorded at Essex North District Registry of Deeds, as Plan 9779. Stations
on said plan are shown as 0+0, to 14+00.
Paul St. Hilaire, Trustee of Summer Trust, u/d/t dated October 9, 1984 and
recorded in Essex North Registry of Deeds in Book 1879, Page. 298 of North
Andover, Essex County, Massachusetts being unmarried, for consideration paid, and
in full consideration of less than One Hundred ($100.00) dollars grant to the
inhabitants of the Town of North Andover, Massachusetts.
The fee in the roadway known as Spring Hill Road, North Andover,
Massachusetts. For a more particular description of Spring Hill road, North
Andover, Massachusetts, see Exhibit "A: attached hereto and made a part hereof.
For Grantor's title to the fee in the road, see deed recorded at Essex North
District Registry of Deeds in Book 1827, pages 324 and 328.
Spring Hill Road is fully set out on a plan of land entitled "Spring Hill",
Thomas E. Neve, Associates, Engineer, Dated October 17, 1994, Joseph Fitzgibbons,
Trustee, Owner. Said plan is recorded at North Essex Registry of Deeds, as Plan
9779.
Reference to said Plan may be had for a complete description.
Beginning at a point where the easterly line of Summer Street
intersects the northerly line of Spring Hill Road;
Thence in a southerly and southeasterly direction on a curved line
of radius = 20.00' a distance of 33.82' to a point;
Thence at a bearing of S62-32-38E, a distance of 109.00' feet to a
point;
Thence in an easterly direction on a curved line of radius = 233.27'
a distance of 109.92' to a point;
Thence at a bearing of S35-32-38E, a distance of 140.57' to a point;
Thence in an easterly direction on a curved line of radius = 545.10,
a distance of 133.19' to a point;
80
Thence at a bearing of S49-32-38E, a distance of 400.00' to a point;
Thence in a southeasterly, southerly, and southwesterly direction on
a curved line of radius = 132.29', a distance of 247.06' to a point;
Thence at a bearing of S57-27-22W, a distance of 210.00' to a point;
Thence in a southwesterly and southerly direction on a curved line
of radius = 20.00', a distance of 19.47' to a point;
Thence in a southerly, southwesterly, westerly, northwesterly,
northerly and northeasterly direction on a curved line of radius
= 60.00'; a distance of 305.30' to a point;
Thence is a northeasterly direction on a curved line of radius
= 20.00', a distance of 19.47 to a point;
Thence at a bearing of N57-27-22E, a distance of 210.00' to a point;
Thence in a northeasterly, northerly, and northwesterly direction on
a curved line of radius = 82.29' a distance of 153.68' to a point;
Thence at a bearing of N49-32-38W, a distance of 400.00 to a point;
Thence in a northwesterly direction on a curved line of radius
= 595.10, a distance of 145.41' to a point;
Thence at a bearing of N35-32-38W, a distance of 140.57' to a point;
Thence in a northwesterly direction on a curved line of radius
= 183.27', a distance of 86.36' to a point;
Thence at a bearing of N62-32-38W, a distance of 91.81; to a point;
Thence in a Westerly and southwesterly direction on a curved line of
radius = 25.00', a distance of 45.14' to a point on the easterly
line of Summer Street;
Thence at a bearing of N14-00-06E, along the easterly line of Summer
Street , a distance of 38.55' to a point;
Thence in a northeasterly direction on a curved line of radius
= 186.21', a distance of 66.19' to the point of beginning.
Paul St. Hilaire and Others
Board of Selectmen Recommendation: Favorable Action, subject to the Town
recelving all property interests necessary to secure the rights of the public
to pass and repass over said way.
Planning Board Recon~nendation: Favorable Action, subject to final review of all
easement documents.
ARTICLE 56. ROADWAY ACCEPTANCE - VILLAGE WAY. To see if the Town will
vote to accept the roadway known as "Village Way", as a public way, namely
"Village Way" from Station 0+00 to Station 3+77.05 as shown on a plan entitled,
"Definitive Subdivision of Village Woods, North Andover, Mass., owner and
Applicant Anthony J. Foresta, prepared by Frank Gelinas and Associates, Inc.,
North Andover, Mass., Scale 1'=40', dated March 17, 1981, revised 2/5/82" and
recorded in the Essex North District Registry of Deeds as Plan No. 9582, and
supplemented by a plan entitled, "Supplemental Plan for the Definitive
Subdivision of Village Woods, North Andover, Mass., by Richard F. Kaminski and
Associates, Inc., North Andover MA, dated March 11, 1985", and recorded in said
Registry, as Plan No. 9853.
Steven Knott and Others
81
Board of Select'hen Recommendation: Favorable Action, subject to the Town
receiving all property interests necessary to secure the rights of the public
to pass and repass over said way.
Planning Board Recommendation= Favorable Action.
ARTICLE 57. AMEND TOWN CODE - PROHIBIT GASOLINE OR DIESEL POWER BOATS ON
LAKE COCHICHEWICK. To see if the Town will vote to amend the Code of North
Andover by adding in Part 2, General Legislation, Chapter 146 - Recreational Boat
Use, the creation of a Bylaw which prohibits the use of all gasoline or diesel
powered boats on Lake Cochichewick, and its tributaries, unless otherwise
authorized by the Department of Public Works for the lake monitoring procedures
and/or emergencies.
George Reich and Others
Board of Selectmen Recommendation: Unfavorable Action.
Planning Board Recommendation: Favorable Action.
ARTICLE 58. AMEND TOWN CODE - PROHIBIT THE SALE OF PRODUCT KNOWN AS "SILLY
STRING". TO see if the Town of North Andover will vote the amend the Town Code
to insert the following section:
"No person, during any parade, festival, concert, sporting event or
other public event shall sell or distribute on any street, sidewalk,
or public way of the Town or upon any property owned by the Town, a
product known as "Silly String" or any similar product sold or used
for amusement that ejects a soft rubbery substance; any aerosol can
that ejects paint, shaving cream, foam or makes loud noises or any
explosive device."
Daniel Long and Others
Board of Selectmen Recommendation: Favorable Action.
82
And you are directed to serve this Warrant by posting true and attested
copies thereof at the Town Office building and one public place in each voting
precinct in the Town, said copies to be posted not less than seven (7) days
before the time of said meeting.
Hereof, fail not, and make due return of this Warrant with your doings
thereon to the Town at the time and place of said meeting. Given under our hands
this 13th Day of April, Nineteen Hundred and Ninety-Five.
NORTH ANDOVER BOARD OF SELECTMEN
c ....
Donald B. !Stewar~ .
Attes
Joyc~B~adshaw, Town Clerk
ATTEST: A True Copy.
83
Town of North Andover
1995
Annual Town Meeting
FY 96
Supplemental Information
84
4/13/95
SOURCE OF FUNDS:
SUPPLEMENTAL INFORMATION
ARTICLE #8
SOURCE & APPLICATION OF FUNDS
FY '94 ACTUAL, FY '95 RECAP, FY '96 BUDGET (T MCR, REC.)
(O00'S OMITTED)
FY '94 FY '95
ACTUAL BUDGET
FY '95 RECAP
Tax Levy
2 !/2 Limit
New Growth
Total Tax Levy
FY '96
BUDGET
TOWN MGR. RECOMD.
Local Receipts
State Aid
Enter pr]se Revenue
Other Sources Trans, - Overlay
Trans,- prior FY
Trans.- Other Articles
Other-B1 Cr refund/Medicare
Debt Exclusion Overr'ide - Osgood Hill
SFMS Reimbursement
Enterprise Betterments
Total Sources of Funds
$20,527 $21,513 $22,606
$513 $538 $565
$473 $555 $550
$21,513 $22,606 $23,721
APPLICATION OF FUNDS:
Operating Budgets
Education
N. A. Schools
Gr. Law. Voc. Tech.
School Building Committee
$4,070 $4,345 $4,390
$2,990 $3,259 $3,330
$5,032 $5,262 $5,375
$0 $150 $0
$110 $148 $20
$o $o $59
$0 $304 $40
$0 $0 $268
$o $o $608
$o $o $58.
$33,715 $36,074 $37,869
$15,730 $17,098 $18,096
$108 $106 $204
$3 $8 $8
General Government
Debt (P & I)
Enterprise-Expense
Enterprise-Debt (P & I)
General Insurance
Health Insurance
Retirement Benefits
Legal and Audit
$15,841 $17,212 $18,308
Sub-total
Other Articles and Charges:
Enterprise - C.l,P.(R&A)
Cap. Imp. Res, Fd. & C.I,P,(R&A)
Articles - Wentworth Ave Drain.
Cherry Sheet
Overlay
Reserve Fund
School Choice Program
Prior Yr. Deficits Raised
Total Application of Funds
$8,035 $8,394 $8,520
$1,078 $918 $1,920
$1,596 $1,895 $2,008
$2,430 $2,321 $2,483
$369 $334 $334
$1,987 $2,000 $2,000
$1,071 $1,036 $1,121
$163 $155 $138
$32,570 $34,265
$36,832
Net Surplus/(Deficit)
$50 $50 $50
$63 $143 $59
$15 $0 $0
$498 $516 $516
$349 $391 $350
$75 $75 $50
$21 $12 $12
$182 $634 $0
$33,823 $36,086 $37,869
85
($108) ($12)
$0
SUPPLEMENTAL INFORMATION
ARTICLE #8
Town Moderator
Personnel Services
Town Manager/Selectmen
FY94 FY95
Actual
250.00
Personnel Services
Other Expenses
IRnance Committee
Other Expenses
Town Accountant
Personnel Services
Other Expenses
Itssessors
~ersonnel Services
)ther Expenses
Treasurer/Collector
Personnel Services
Other Expenses
Professional Services
Audit
Legal
Town Clerk
Personnel Services
Other Expenses
Conservation
Personnel Services
Other Expenses
Budgct
200.00
139,889.26 148,296.00
50,448.39 50,800.00
8,102.39 8,500.00
73,498.94 110,189.00
5,892.74 6, t50.00
129,438.87 137,156.00
14,802.13 57,100.00
177,005.84 220,016.00
124,319.16 138,298.00
30,000.00 30,000.00
132,777.32 125,000.00
52,767.12 56,974.00
45,022.91 42,990.00
Community Development
Personnel Services
Other Expenses
Board of Appeals
Personnel Services
Other Expenses
Building inspector
Personnel Serwces
Other Expenses
Sealer of Wts& Measures
Personnel Services
Other Expenses
Animal Inspector
Personnel Services
School Building Committee
Personnel Services
Other Expenses
Health Department
Personnel Services
Other Expenses
Council on Aging
Personnel Services
Other Expenses
Youth Services
Personnel Services
Other Expenses
55,759.10 57,448.00
3,264.36 3,550.00
107,689.09 121,721.00
9,645.43 4,246.00
0.00 0.00
1,055.45 1,225.00
141,090.88 148,722.00
11,738.03 4,656.00
2,587.56 2,590.00
246.O0 300.00
2,969.58 3,600.00
0.00 0.00
3,745.22 8,441.00
66,991.01 81,362.00
11,604.73 16,325.00
88,872.74 107,543.00
12,108.00 12,108.00
62,786.~2 66,185.00
12,984.30 13,115.00
FY96
Selectmen
Recommends
I FY96
FiRance
Committee
Recommends
200.00
200.00
133,839.00
56,400.00
133,839.00
56,400.00
8,500.00
8,500.00
82,436.00
4,250.00
82,436.00
4,250.00
129,512.00
16,800.00
129,512.00
16,800.00
179,065.00
138,298.00
179,065.00
138,298.00
20,000.00
117,900.00
20,000.00
117,900.00
56,077.00
42,990.00
56,077.00
42,990:OO
51,380.00
3,550.00
51,380.00
3,550.00
159,459.00
4,246.00
159,459.00
4,246.00
0.00
1,225.00
0.00
1,225.00
159,095.00
4,656.00
159,095.00
4,656.00
2,590.00
300.00
2,590.00
300.00
3,600.00
3,600.00
0.00
8,441.00
0.00
8,441.00
82,647.00
13,825.00
82,647.00
13,825.00
108,978.00
12,666.00
108,978.00
12,666.00
67,458.00
13,115.00
67,458.00
13,115.00
86
SUPPLEMENTAL INFORMATION
ARTICLE #8
Veterans Benefits
Other Expenses
Stevens Ubran/
Personnel Services
Other Expenses
Less Offsets
Recreation
Personnel Services
Other Expenses
Personnel Department
Other Expenses
Industrial Develop Comm.
Other Expenses
Rental of Veterans Quarters
Other Expenses
Historical Commission
Other Expenses
Patriotic Celebrations
Other Expenses
Compensation Fund
FY94 FY95 FY96 I FY96
Board of Finance
Selectmen Committee
Actual Budget Recommends Recommends
23,000.00 23,000.00
288,175.00 288,175.00
141,812.00 141,812.00
(21,935.00) (21,935.00)
17,380.00 17,380.00
9,000.00 9,000.00
9,100.00 9,100.00
2,500.00 2,500.00
1,200.00 1,200.00
1,600.00 1,600.00
1,200.00 1,200.00
23.300.44 26,000.00
216,118.91 273,258.00
108,470.00 126,470.00
(18,254.00) (19,643.00)
14,532.00 17,000.00
16,000.00 9,000.00
16,154.81 9,100.00
592.13 2,500.00
1,200.00 1,200.00
800.00 1,100.00
800.00 800.00
Personnel Services 0.00 97,000.00 135,000.00 135,000.00
Fire Department
Personnel Services
Other Expenses
Police Department
Personnel Services
Other Expenses
Civil Defense
Personnel Services
Other Expenses
FY94 FY95
Actual Budget
1,957,214.04 2,063,034.00
109,611.00 114,211.00
1,711,329.30 1,714,013.00
204,795.70 235,471.00
3,842.28 4,284.00
2,817.07 2,825.00
FY96 I FY96
Board of Finance
Selectmen Committee
Recommends Recommends
2,103,926.00 2,103,926.00
107,810.00 107,810.00
1,7g 1,474.00 1,791,474.00
230,471.00 230,471.00
4,289.00 4,289.00
5,104.00 5,104.00
No. Andover Public Schools
Personnel Services
Other Expenses
Less PL874
Sub-total
Regional Vocational School
Other Expenses
FY94 FY95
Actual Budget
12,256,984.62
3,472,676.70
FY96 I FY96
Board of Rnance
Selectmen Committee
Recommends Recommends
13,401,731.00
3,696,197.00
15,729,661.32 17,097,928.00
107. 889.00 105,879.00
13,827,026.00
4,268,802.00
13,827,026.00
4,268,802.00
18,095,828.00 18,095,828.00
203,879.00 203,879.00
87
SUPPLEMENTAL INFORMATION
ARTICLE #8
Pubiic Property & Buildings
Personnel Services
Other Expenses
Admin. & Engineering
Personnel Services
Other Expenses
Less Offsets
Street Maintenance
Personnel Services
Other Expenses
Snow Removal
Personnel Services
Other Expenses
Refuse Disposal
Personnel Services
Other Expenses
Vehicle Maintenance
Personnel Services
Other Expenses
Parks & School Grounds
Personnel Services
Other Expenses
Less Offsets
Graves Registration
Personnel Services
Other Expenses
Water Department
Personnel Services
Other Expenses
Sewer & Water Sys. Maint
Personnel Services
Other Expenses
GLSD
Other Expenses
Plus: Transfer Article 6
FY94 FY95
Actual Budget
24,346.06 24, 951.00
100,864.84 88,950.00
198,858.25 238,807.00
11,236.33 11,550.00
(82,751.33) (110,000.00)
156,199.31 162,165.00
199,489.59 194,100.00
92,691.86 30,800.00
202,883.48 94,200.00
209,044.50 225,785.00
777,951.86 766,540.00
93,396.95 60,845.00
134,370.04 131,350.00
134,197.59 174,786.00
17,337.87 26,818.00
(18,931.00) (29,000.00)
400.00 400.00
1,700.00 1,700.00
308,991.31 291,630.OO
398,141.57 432,400.00
145,250.04 191,663.00
100,121.39 92,700.00
643,501.16 738,536.00
148,000.00
FY96 I FY96
Board of Finance
Selectmen Committee
Recommends Recommends
24,959.00 24,959.00
97,400.00 97,400.00
244,503.00 244,503.00
11,550.00 11,550.00
(110,000.00) (110,000.00)
165,165.00 165,165.00
191,100.00 191,100.00
30,800.00 30,800.00
94,200.00 94,200.00
203,263.00 203,263.00
786,550.00 786,550.00
86,135.00 86,135.00
131,350.00 131,350.00
174,973.00 174,973.00
26,818.00 26,818.00
(29,000.00) (29,000.00)
400.00 400.00
1,700.00 1,700.00
308,776.00 308,776.00
432,400.00 432,400.00
192,363.00 192,363.00
92,700.00 92,700.00
981,786.00 981,786.00
Retirement
Group Insurance
Debt Service-Principal
Interest on Long Term Debt
Interest on Short Term Debt
Bond Issue Expense
Liability Insurance
Actual Budget
1,071,199.00 1,036,256.00
1,986,677.57 2,000,000.00
2,040,000. O0 1,495,000. O0
1,327,292.50 1,185,830.00
141,045.87 487,859.00
0.00 70,000.00
368,985.00 334,000.00
Board of Finance
Selectmen Committee
Recommends Recommends
1,121,777.00 1,121,777.00
2,000,000.00 2,000,000.00
1,968,225.00 1,968,225.00
1,404,265.00 1,404,265.00
959,819.00 959,819.00
70,000.00 70,000.00
334,000.00 334,000.O0
88
SUPPLEMENTAL INFORMATION
ARTICLE #10
FACILITIES ACQUISITION/DEBT SERVICE FUND
PROPOSED SPECIAL LEGISLATION
PRELIMINARY DRAFT
Notwithstanding any general or special law to the contrary, the Town of
North Andover is authorized to establish a Capital Facilities
Acquisition/Debt Service Reserve Fund (hereinafter referred to as the
"Fund"), as specified herein. Said fund is established in order to provide
funding, within the tax levy, for costs, including debt service, directly
associated with acquisition, design, renovation, construction and equipping
of municipal facilities to meet the needs of the Town, as authorized by Town
Meeting from time to time.
The Fund shall be established as a permanent reserve fund available only
for the limited purpose of supporting municipal capital projects. Said Fund
may not be used for operating expenses.
The Fund shall be financed by an initial appropriation of $2,000,000, as
voted by Town Meeting on May , 1995, contingent upon approval by the voters
of a general override, pursuant to G.L.c.59, 2tC(g), Proposition 2 1/2 so-
called. Upon approval of said general override by the Citizens of North
Andover, the $2,000,000 increase to the Town's levy limit, including the
cumulative 2 1/2% increases thereon, shall annually and automatically,
without further appropriation, be placed into the Fund.
At least once every 5 years, the Board of Selectmen shall assess the
capital needs of the Town in relation to the amount of funds available in the
Fund. If the Board of Selectmen finds that the level of the Fund is far in
excess of the Town's identified capital needs for the next five years, the
Board shall place an article on the warrant for Town Meeting to appropriate a
sum of money from the Fund to reduce the tax rate. Town Meeting may vote in
favor of said appropriation only by warrant article proposed by the Board of
Selectmen and only upon the favorable recommendation of the Finance
Committee.
$9
Article # 1 0
General Override/Capital Improvement
Cash Flow Analysis
Millions $
8
(:3
4
2
4-
0
1996 1997 1998 1999 2000 2001 2002 2008 2004 2005 2006 2007 2008
Fiscal Year
FY1996-2008
~ Debt Service
(Projected Facility Needs)
Fund Balance
SUPPLEMENTAL INFORMATION - ARTICLE #12
THE NORTH ANDOVER MIDDLE SCHOOL
RENOVATION/ADDITION PROJECT 1995
On May 1. 1995. at Town Meeting the citizens of North Andover will be asked to approve this project.
The following information gives a detailed account of the need, the project, the financial impact, as well as all the facts and
information needed to make a sound and wise choice.
This project will address the problems of:
- Overcrowding and increasing student enrollments in the Middle School.
- Inadequate and outdated technology throughout the School.
- Deteriorating/Outdated auditorium and school building.
- Compliance with Americans' with Disabilities Act.
- Inadequate and outdated school library.
- State mandates for life safety codes.
- Inadequate and outdated science labs and nmsic rooms.
THE NEED:
Enrollment data. changing technologies and community use of the Middle School all point to the need for:
* The Middle School is currently at capacity. Enrollment for 1995-96 will be 860, with 300 additional students within the next
five years. These numbers are not based on projected new residents. These students are here, currently in our elementary
schools. Additional classroom space is needed to accormnodate our rapidly expanding student population.
* Upgrade computers, labs and technology throughout the School to ensure that all our children will be prepared to compete in
the continuously changing technology based economy.
* Additional and updated teaching space for science, technology, physical education, media and fine arts.
* Upgrade and renovate the current undersized library to handle the increased enrollment and technology advancements.
* Modernize and improve the auditorium and parking facilities to accommodate the growing community use.
* Upgrade and renovate the Middle School to comply with safety requirements and with the Americas with
Disabilities Act,
THE COMPLETED PROJECT WILL INCLUDE:
* Completely renovating the existing facility and a new constructed 42,000 square foot addition, a 40% increase in space. All of
space will comply with current state and town safety codes (fire and electrical), and with Americans' with Disabilities Act
requirements.
* New and updated computers, labs and technology throughout the building. Cabling and networking capabilities to communicate
within and outside the School.
* New and significantly increased library, updated to handle the growing enrollment and it will be furnished with today's
technology.
* New and updatedscience labs and music rooms.
* New heating/ventilation system, new plumbing, and removal of all asbestos.
* New kitchen and renovated cafeterias.
* New floor, wall and ceiling finishes.
91
THE PROJECT WILL INCLUDE: (continued)
* New large multi purpose room designed to accommodate additional physical education classes, drama and thc
growing needs of civic groups.
* Renovated and modernized auditorium and parking facilities.
* A building that would be built to accommodate the needs for today and tomorrow.
FINANCIAL IMPACT:
Total cost for renovations and new addition is:
$17,973.000.00
The cost to North Andover ff the project is approved at May's Town Meeting is:
The reason for the difference is, current state reimbursement for a project as this is 63%.
The Middle School was built in 1953. Ongoing nmintenance needs and cOmpliance with State
mandates and regulations will need to be addressed, with or without State reimbursement.
The following is a list of those items and their costs.
$6,650.000.00
* Window replacement to increase energy efficiency.
* Replace gym divider.
* Replace kitchen equipment and related renovations for code compliance.
* Asbestos abatement.
* Replace plumbing.
* Replace heating and ventilation system (includes, removal of underground storage
tanks, new boilers, fans, piping and unit ventilators).
* Replace Electrical (includes, panelboards, wiring fire alarm switching outlets
lights, etc.).
* Accessibility compliance (includes, elevator, door hardware, toilet rooms, etc.)
* Modernize auditorium (includes, new seats, finishes, stage curtains etc.)
$1, ! 63,950.00
98,950.00
380,550.00
182,655.00
578,450.00
1,972,770.00
1,643.975.00
761.000.00
418.605.00
( Cost as quoted by architect) Subtotal $7,200.915.00
Assuming that something less than $7.2 million (modernization) and $1.5 million (computers, software, wiring and furnishing &
equipment) would be spent by the Town without State aid over a period of 5 to 10 years, a cost in excess of $6,000.000 is not
inconceivable. This does not, however increase the Middle School capacity and is the amount, coincidentally, of the Town's share of
the entire Middle School renovation/addition.
INFORMATIONAL FACTS:
* Fact, Currently, the State Department of Education, through the olYlces of School Facilities Service Bureau (SFSB), will
reimburse North Andover 63% of the total cost for this project.
* Fact, This 63% reimbursement opportunity may not be available after June 1, 1995 when SFSB legislation will be rewritten.
Revisions in the law could lower reimbursement rates for towns like ours throughout the Conunonwealth.
* Fact, State reimbursement will significantly help pay for upgrades to meet building code requirements and renovations of
inefficient systems and structure. These costly projects would otherwise be paid for by North Andover taxpayers alone.
Fact, Currently there are ninety school projects in other communities competing with North Andovcr and an additional fifty-one
projects already on the SFSB list. The sooner North Andover gets on the State funding list the sooner North Andover begins to
receive its reimbursement.
* Fact, The new Annie L, Sargent School project under the supervision of the North Andover School Building Committee is and
will be on time and within budget.
92
SUPPLEMENTAL INFORMATION
ARTICLE #19
TERM SHEET
for a
Proposed Lease
between
the Town of North Andover
and the North Andover Historical Society
April10,1995
The following is intended to be a non-binding summary of the terms of a proposed
"triple net" lease to be negotiated between the Town of North Andover (the "Town") and
the North Andover Historical Society (the "Society").
· Premises: The building, consisting of approximately 24,000 square feet of interior
floor space, located at 800 Massachusetts Avenue, North Andover, and the land
surrounding this building, as shown on the attached Site Plan. The Society would have
the use of the section of driveway leading to its garage, and would have two parking
spaces as designated in the Site Plan, as well as the space directly in front of its garage.
· Term: Fifteen years (the "Initial Term") commencing on [October 1, 1995] (the
"Commencement Date"), with options to renew for five (5) successive terms of five years
each (the "Renewal Terms"), exercisable in each case on one year's notice to the Society.
· Rent: During the first five years of the Initial Term, the rent, determined as $3.00
per square foot per annum, will be $72,000 per annum (the "Base Rent"), payable in
advance in equal installments of $6,000 each month, beginning on the Commencement
Date, except that the rent for the [2nd through 9th months] of the first year will be
deferred and paid in equal installments over the [twenty-four months] commencing in the
10th month of the Initial Term. In addition, the Town will pay all costs for renovations,
repairs, maintenance, insurance, taxes (if any), and compliance with laws. The rent for the
second and third five-year periods of the Initial Term and for each Renewal Term will be
the Base Rent increased by a percentage equal to 100% of the increase in the Consumer
Price Index during the prior five-year period.
· Purchase Option: The Town will have the option of purchasing the building at
the end of the Initial Term and at the end of each Renewal Term, it being understood that
the Society may retain ownership of the land in some manner, rather than subdivide the
existing single parcel of land on which its other buildings are located. The purchase price
will be [determined by good-faith negotiation of the parties, which must take place within
90 days after the beginning of the final year of the lease term. ffthe parties are unable to
reach agreement within that time, the purchase price will be determined by appraisal.]
93
SUPPLEMENTAL INFORMATION
ARTICLE #19
Use: The premises will be used solely as the Town administrative offices, and for
storage of Town records and other archival or library purposes, except that the Town
may, at its option, lease back to the Society a portion of the space at a rent and on terms
to be negotiated if the Society desires to lease back such space.
· Modifications: The Town may make alterations to the interior of the building to
accommodate the intended use, [provided that: (i) the Society will be allowed to review
and approve in advance the plans for proposed modifications; and (ii) apart from
improvements, the interior will be returned to its current configuration at the end of the
lease to the extent required by the Society.]
· Parking and Landscape Modification: The Society will have the responsibility
for the modifications of the driveway and parking areas and the landscape work specified
in the Site Plan, and the Town will either carry out the specified construction and
landscape work with the Society's approval or will pay the Society the costs to have such
work completed. The Town will deposit in escrow [before January 15, 1996] the sum of
$ which the Society can draw upon for this purpose. To the extent that such
funds are insufficient to perform the specified work, the Town will promptly reimburse the
Society for any shortfall.
· Maintenance: The Town will ensure that the Premises are maintained in excellent
condition at aH times, including without limitation aH capital repairs such as roof and
equipment for heating and air conditioning, that the lawn, shrubs, and trees are well cared
for, and that all laws are properly complied with. The Society will reserve the right, after
due notice to the Town, to undertake any needed exterior repair or landscape maintenance
work that has been neglected, and the Town will promptly reimburse the Society for the
cost of such work.
94
SUPPLEI~ENTAL INFORMATION
ARTICLE #19
95
Spring
NORTH ANDOVER TRAILS COMMITTEE NEWSLETTER
1995
Introduction
welcome to the Spring 1995 edition of the NOrth
Andover Trails Committee Newsletter. The NOrth
Andover Trails Committee is a committee of the North
Andover Conservation Commission comprised of
volunteers. Our two main objectives are:
· TO promote the development and maintenance of
non-motorized trails within the Town of NOrth
Andover; and,
· TO represent the Town in traiFrelated activities
throughout the Merrimack Valley.
On-going Activities and Projects
The Committee is working on the following projects:
A North Andover Trails Map showing all existing and
proposed public trails in North Andover. This map
will include:
· Trails on Town-owned land
Bay Circuit Trail (through the cyr Recreation
Center)
Mazurenko Farm and Rea's Pond Conservation
Areas
TOWn Forest/Town Farm
Osgood Hill (including possible new trails to
improve recreation access)
· Public trails on other lands
- Weir Hill Reservation
- ward Reservation (Holt Hill)
Harold Parker State Forest
Boxford State Forest/Bald Hill Reservation
· Trails in planning phase
Merrimack River Trail (project of MRWO
Greenway/Recreation path along the old BOStOn
& Maine Right of Way
Publishing a North Andover Open Space Guide,
showing the location of protected open spaces
which are accessible to the Public. The Guide is now
in draft form and we are seeking sponsors to defray
printing costs.
· Developing plans and obtaining landowners'
permissions for formalizing segments of the
proposed Greenway/recreation path along the old
Boston & Maine Right-of-Way. One such segment !s
the informal path that currently exists between Elm
Street and Pleasant Street which provides an
important link between downtown, the High School,
Stevens Pond and Weir Hill.
Identifying on-road bicycle routes through Town
with the assistance of local bicycle groups. The
information could then be used by the DPVV in
targeting road improvements to enhance bicycling.
Planning of both trails and bikeways with adjacent
towns, as for example the proposed Merrimack River
Trail/Bikeway.
Setting up and conducting projects with Scouts and
Youth Services such as building new trails and
maintaining existing trails; trash pick up on Town
property; and construction of foot bridges.
· Planning a trail along the Shawsheen River and a
downtown park along Cochichewick Brook.
Upcoming Events
APRIL 22, 1995, Saturday, Earth Day Activities.
MAY 18, 1995, Thursday, 7:00 p.m. NOrth Andover Trails
Committee Meeting, Library/Conference ROOm, North
Andover TOWn Hall.
JUNE 4, 1995, Sunday, National Trails Day, A hike on
North Andover trails will be announced in the local
newspapers.
If you are interested in any of these events and would
like more information, please call Michael Gorianslo/at
(508) ~6-2218.
Message from the North Andover Conservation
Commission (M. Howar~
What is a Wetland?
All of us are familiar with ponds and swamps either
through our own observation or readings. The term
"wetland', however, may be relatively new to many
people. Many wetlands form in distinct depressions or
basins that can be readily observed. However, the
wetland/upland boundary is not always that easy to
identify. Some occur on slopes where they are
associated with groundwater seeps. In these
situations, only a skilled wetland ecologist or botanist
can identify a wetland boundary with precision.
96
wetlands were historically defined by scientists
working in specialized fields, such as botany or
hydrology. A botanical definition would focus on the
plants adapted to flooding and/or saturated soil
conditions, while a hydrologist's definition would
emphasize the position of the water table relative to
the ground surface over time. Previous wetland
Qefinitions grew out of different needs for defining
wetlands among various disciplines, e.g. wetland
regulators, waterfowl managers, hydrologists, flood
control engineers and water quality experts. A
comprehensive definition was drafted by the U.S. FiSh
and Wildlife Service and is still accepted today:(1)
a wetland ma~/ be defined as lands transitional
between terrestrial and aquatic systems where the
water table is at or near the surface or the land is
covered by shallow water. Three physical
parameters are taken into account when making the
determination as to whether a plot of land is
"wetland" or "upland" and these include wetland
vegetation (h¥,drophytes), wetland soils (hydric soils)
and the presence of water at some time during the
growing season (hydrology).
I." Wetlands of the U.S.: Current Status and Trends": U.S. Dept. of
the Interior, March 1984.
Nature Notes (C. Bowe)
Fiddleheads
Fiddleheads are the young leaves of ferns which when
cooked taste like spinach. Spring time, before the
leaves have grown on the trees, is the best time to
find them. One of the most common fiddleheadS is
the Ostrich Fern. This is a large fern with a vase-like
shape whose leaves are often five feet long.
There are ~wo large common ferns found in North
Andover. the Cinnamon and Ostrich ferns. They are
easily told apart by looking at the outline of their
leaves. The broad Ostrich leaf narrows at it's base, and
the lowest pinnacles are only a fraction of the size of
those in the middle of the leaf. In addition, the
Cinnamon fern is usually found in wetland areas and is
covered with tufts of cinnamon-brown wool in the
spring. It is best to search for fiddleheads with an
experienced picker.
North Andover Trails Committee
Michael Gorianskv ....................... Chair
SVIVie Rice ............................. Editor
Tom Powers ................ Trail Project Leader
Chris Bowe .......................... Naturalist
Mike Howard .. Natural Resources/Land use Planner
George Perna ..... DPVV Director, Advisory Member
we want More Members!
we are looking for volunteers to watch over sections
of trails and to routinely check for litter, obstructions,
etc. Volunteers are also needed for trail work days
(construction and maintenance, and trail blazing),
wildlife habitat improvement, and leading walks and
hikes.
Financial assistance in the form of materials for
bridges, signs and various trail improvements is
needed. The NOrth Andover Conservation Commission
can accept donations for such trail work in our name.
For more information, please contact the North
Andover Conservation Commission at (508) 688-9530 or
Mike Goriansky (508) 686-2218.
If you would like to receive future copies of our
Quarterly newsletter, please fill out the form below
and send it to:
North Andover Trails Committee
cio North Andover Conservation Office
TOWn Hall
120 Main Street
North Andover, MA 01845
we solicit your financial support in the form of a $5.00
check (made out to the Town Of North Andover) to
help cover the costs of producing and mailing the
Newsletter during the next 12 months.
Name:
Address:
Telephone:
I would like to participate in:
Trail Work
Trail Planning
identification/preservation of open space in North
Andover
Publication of Open Space Guide
Plans for parks
Plans for recreation pathway/bicycle routes
Other
Please put me on your mailing list
97
Wetlands were historically defined by scientists
working in specialized fields, such as botany or
hydrology. A botanical definition would focus on the
plants adapted to flooding and/or saturated soil
conditions, while a hydrologist's definition would
emphasize the position of the water table relative to
the ground surface over time. Previous wetland
definitions grew out of different needs for defining
wetlands among various disciplines, e.g. wetland
regulators, waterfowl managers, hydrologists, flood
control engineers and water quality experts. A
comprehensive definition was drafted by the U.S. FiSh
and Wildlife Service and is still accepted today:H)
a wetland may be defined as lands transitional
between terrestrial and aquatic systems where the
wafer table is at or near the surface or the land is
covered by Shallow water. Three physical
parameters are taken in to account when making the
determination as to whether a plot of land is
"wetland" or "upland" and these include wetland
vegetation (hydrophytes), wetland soils (hydric soils)
and the presence of water at some time during the
growing season (hydrology).
1.~ Wetlands of the U.S.: Current Status and Trends": U.S. Dept. of
the Interior, March 1984.
Nature NOteS (C. BOWe)
Fiddleheads
Fiddleheads are the young leaves of ferns which when
cooked taste like spinach. Spring time, before the
leaves have grown on the trees, is the best time to
find them. One of the most common fiddleheads is
the Ostrich Fern. This is a large fern with a vase-like
shape whose leaves are often five feet long.
There are two large common ferns found in North
Andover, the Cinnamon and Ostrich ferns. TheV are
easily told apart by looking at the outline of their
leaves. The broad Ostrich leaf narrows at it's base, and
the lowest pinnacles are onlv a fraction of the size of
those in the middle of the leaf. In addition, the
Cinnamon fern is usuallv found in wetland areas and is
covered with tufts of cinnamon-brown wool in the
spring. It is best to search for fiddleheads with an
experienced picker.
North Andover Trails committee
Michael Gorianskv ....................... Chair
Svivie Rice ............................. Editor
Tom Powers ................ Trail Project Leader
Chris BOWe .......................... Naturalist
Mike Howard .. Natural Resources/Land use Planner
George Perna ..... DPVV Director, Advisorv Member
we want More Membersl
we are looking for volunteers to watch over sections
of trails and to routinelv check for litter, obstructions,
etc. Volunteers are also needed for trail work days
(construction and maintenance, and trail blazing),
wildlife habitat improvement, and leading walks and
hikes.
Financial assistance in the form of materials for
bridges, signs and various trail improvements is
needed. The North Andover Conservation Commission
can accept donations for such trail work in our name.
For more information, please contact the North
Andover conservation Commission at (508) 688-9530 or
Mike Gorianskv (508) 686-2218.
If you would like to receive future copies of our
quarterlv newsletter, please fill out the form below
and send it to:
NOrth Andover Trails Committee
c/o North Andover Conservation Office
Town Hall
120 Main Street
North Andover, MA 01845
we solicit your financial support in the form of a $5.00
check (made out to the TOWn of North Andover) to
help cover the costs of producing and mailing the
Newsletter during the next 12 months.
Name:
Address:
Telephone:
I would like to participate in:
Trail WOrk
Trail Planning
identification/preservation of open space in NOrth
Andover
Publication of Open Space Guide
Plans for parks
Plans for recreation pathwaV/bicVcle routes
Other
Please put me on your mailing list
97
SUPPLEMENTAL tNFORHATION - ARTICLE # 17
Analysis - Bear Hill and Sutton Hill Reservoirs
SOurce of Funds:
Original Town Meeting Authorization
Litigation Settlement
May, 1994 Annual Town Mtg. Transfer
TOTAL - SOURCES (see footnote)
Bear Hill Sutton Hill
Reservoir Reservoir TOTAL
$460,000 $ 30,000 $590,000
$85,000 $0 $85,000
$155,672 $0 $155,672
$700,672 $130,000 $830,672
,Application of Funds:
Contract Awarded - Engineering Contract
- Construction Contract
$91,640 $25,985 $117,625
$587,000 $168,000 $755,000
SUB-TOTAL $678,640 $193,985 $872,625
Estimate to Complete
- Engineering Contract $2,340 $660 $3,000
- Construction Contract $89.000 $27,000 $116,000
- Contingency $26,580 $2,420 $29~000
suB-TOTAL $117,920 $30,080 $148,000
TOTAL - APPLICATIONS
$796,560 $224,065 $1,020,625
Proiacted Deficit
($95,888) ($94,065)
($189'953)I:
FOOTNOTE: Encumbered funds of $50,000 have been committed from the operating budget of the Water department
in order to certify funds are available to execute the contract.
Construction Contract: I
Sutton Hill Fence
Bear Hill Access Rd.
Bear. Hill Drainpipe & manholes
Bear Hill Site Drainage ,System
$0 $27,000 $27,000
$38,000 $0 $38,000
$31,000 $0 $31,000
$20,000 $0 $20,000
Estimate to Complete - Construction contract
$89,000 $27,000 $116,000
Contingencies:
Genera) Construction
Termination claim (Pump Building)
$8,580 $2,420 $11,000
$18~000 $0 $18,000
FOTAL - Contingencies
$26,580 $2,420 $29,000
98
*l~n mlgM'c
NORTH ANOOVER RECYCLING SUMMARY 1995
CURBSIDE RECYCLING WITH RED BIN ONLY
HOW WHERE & WHEN
- Rlnl4 clean
* Llb¢ll OK
NO
· NO OTHER g2 pLASTIC
CONTAINERS
-NO OTHER SYMBOLS
OR NUMBERS ON
BOTTO&4
-NO PLASTIC BAGS
-NO AEROSOL CANS
· NO OTHER METAL
OBJECT~
· NO OTHER GLAS~
IT rt.,MS
· NO BROKEN GLASS
eNO OTHER PAPER
eNO BOTTLE OR JAR
UOS
· NO PIE PLATES OR
FOIL
OTHER, Recyclln9 ,.
eNO DOORS OH
REFRIGERATORS -
YOU MUST REMOVE
STUMPS (reler~ to
munlc~pel end
maldan~l only)
,* RInae clean
remove lids end
It~tl~n
· ~le OK
· piece In paper
bege M lie In bundlee
lr'x 18- x 6' high
eRlns4 clean
Curbside Pickup
on your cecycling
week. Please see
calendar which
Is dlstrlbuled wllh
red bin
· Call DPW to
erringe lot pick-
· Piece ONE Item
with I~gulu
¢~*bal~ pickup
~81dmd t I~m
Picked up curb.llda
al lime Ill up with
PW
Place Item on curb
with your regular
Weekly Pickup
Fell Pickup-watch lot
Ck lake lo Sherpner'l
Pond Road Recycling
)ermlts ars requlr.~.
any yard_ maim, Iai
I~
.~ ~ StOker
~.~o~ IM p~kup Ap,i ~S' · 0ac. 11. TuBs
s~o.~ I~ 6
~ump t~
JUST A REMINDER, NEWSPAPERS ARE NOT PICKED UP CURBSIOE UNLESS THEY
ARE PUT oUT wITH THE REO RECYCLING BIN. Bins .can be purchased at the Public
Works office Monday thru Friday 8:30 AM - 4:30 PM,
JULY
SUN MON TUES W~D THUR FRJ SAT
OCTOBER
8UN MON TUE8 ~ THUR FRI ~AT
JANUARY
AUGUST
SUN MON TUES WEO THUR FRI SAT
1 2 314 5
13 14 15 16 17 18 19
20
27 28 29 30 31
NOVEMBER I
~UN MON TUEB WED THUR FRJ &AT
FEBRUARY
28 29
BLUr wE~ ~
SEPTEMBER
1 2
10 11 12 13 14 15 16
24 25 26 27 28 29 30
DECEMBER
SUN MON TUEB WED THUR FP4
NORTH ANDOVER
MASSACHUSETTS
BULK RATE
U.S. POSTAGE
PAID
NO. ANDOVER, MA
PERMIT NO. 191
ANNUAL TOWN MEETING
MONDAY, MAY 1, 1995, 7:00 P.M.
AT
NORTH ANDOVER HIGH SCHOOL
FIELD HOUSE
NORTH ANDOVER, MA
Please bring this booklet with you.
ACADEMY ROAD'
ADAMS AVENUE
ADRIAN STREET
ALCOTT WAY
ALLEN STREET
ANDOVER BY-PASS
ANDOVER STREET
ANOOVER STREET
ANOREW CIRCLE
ANNE ROAD
ANNIS STREET
APPbEDORE LANE
APPLETON STREET
ARDMORE COURT
ASH STREET
ASHLAND STREET
AUTRAN AVENUE
BACON AVENUE
BALDWIN STREET
BANNAN DRIVE
BARCO LANE
BARKER STREET
BAY STATE ROAD
BAY STATE ROAD
BEACON Hfbb BOULEVARD
BEACON HXLb BOULEVARD
BEAR HILL RD
BEECH AVENUE
BELFAST STREET
BELMONT STREET
BERKELEY ROAD
BERRY STREET
BEVERLY STREET
BEVXN ROAD
BXNGHA~ WAY
BIXBY AVENUE
BLUE RIDGE ROAD
BLUEBERRY HILL
BONNY LANE
BOOTH STREET
BORTON BROOK DRIVE
BOSTON HILL ROAD
BOSTON STREET
BOXFORD ST
BOXFDRD STREET
BRADFORD STREET
ORADSTREE~ ROAD
B~ECKENRIDGE ROAD
BRENTWODD AVENUE
BRENTWOOD CIRCLE
BRE~STER STREET
BRIAR~QQD COURT
~RIDGES LANE
BRIDLE PATH {
BRIGHTWOOD AVENUE
BROOKS SCHOOL
ABBS 5
'ACAR 4
ACUS 3
ADAA
ADRS 5
ALCW 4
AbbS 2
ANDB 5
ANDS
ANDS
ANDC
ANNR 6
AWNS 2
APPL 5
APPS 6
ARDC
ASHS 5
ASHb 1
AUTA 3
~ACA 3
BAhS 1
~AND 6
BARb 6
~ARS 1
BAYS 2
BAYS 4
BEAH 2
BEAH
BEAR 6
~EEA 2
BEbF 3
BELS 1
BERR 4
BERS 5
REVS 2
BEVR 4
BINW 1
BIXA 2
BLUR 6
BLUH 5
BO~b 1
BOOS
BOSB 5
BOSH 5
~OXS 5
bOXS' 6
~RAS-
BRAR 2
BRER 5
BREA 1
BREC 6
BRaS 3
~RiC 3
~R~L 6
'~RIP
BRIA 1
BROS I
725 SALEM STREET TO 380 JOHNSON STREET
155 OSGOOD STREET TO 1 GREAT POND ROAD
PETERS STREET TO COTUIT STREET
553 MASSACHUSETTS AVENUE TO END
85 WESLEY'STREET TO INNIS STREET
ANDOVER BY-PASS TP ANDOVER BY-PASS
45 RUSSELL TO 2 PARK STREET
455 TURNPIKE STREET TO ANOOVER LINE
CHESTNUT ST, TO ANDOVER LINE (169-485)
I JOHNSON ST, TO CHESTNUT ST,
ANDOVER STREET TO ANDOVER STREET
OFF SALE~ STREET
46 UNION ST, TO 245 ~IDDbESEX ST,
SANDRA bANE TO END
330 SALE~ ST, TO 973 SOUT~ BRADFORD ST,
FROM ~O.ODRIDGE TO WOOD-RIDGE
CAMPBELL ROlO TO BERRY STREET
108 SUTTON ST, TO ~0 NORTH aAIN ST,
591 ~ASSACHUSETTS AVENUE TO EHD
499 ~ASSACHUSETTS AVE. TU 57 MARTIN AVE,
BELMONT STREET TO UNION STREET
OFF, SALEM STREET
STONECLEAVE TO END
i288 OSGOOD STREET TO BRADFORD STREET
518 MASSACMUSETTS AVE. TU END (~21-137}
2i60SGOOD ST. TO CHICKERING RD,
.~ASSACHUSETTS AVE, TO ENO (134-~5§)
9'38 OSGOOD ST, TO CHICKERING RD,
DALE ST TO DALE ST
19 PARKER ST, TO 422 MASSACHUSETTS AVE,
MARGATE STREET TO MARENGU STREET
19 HODGES STREET TO 14 ~ARBbEHEAD STREET
TURNPIKE STREET TO ROCK ROAD
17~0 TURNPIKE ST, TO 209~ TURNPIKE
DANA STREET TO END
TURNPIKE STREET TO END
FIRST STREET TO FIRST STREET
165 WATER STREET TO 64 PLEASANT STREET
BEAR HIbb ROAD TO END
C~ESTNUT STREET TO END
GREAT POND ROAD TO END
48 wESLEY STREET TO 664 TURNPIKE STREET
OFF PARTRIDGE DRIVE
39 BOSTON STREET.TO 217 STILES STREET
1395 TURNPIKE ST, TO ANDOVER LINE CSb9)
19-79 ODD ONLY
1050 SALEM ST, TO 8OXFORD
1769 OSGOUD ST~ TO 1417 GREAT POND .ROAD
60 GREENE STREET TO 25 TAVERN ROAD
GRAY ST, TO END
WRIGHT AVENUE TO METHUEN AVENUE
715 GREAT POND ROAD TO GREAT POND ROAD
11 PETERS STREET TO 72 CUTUIT STREET
FROM ,OODRIDGE TO WOOD-RIDGE
FOSTER STREET TO VEST WAY
GREAT POND ROAD TO END
22 FURBER AVENUE TO 23 CHADWICK STREET
li60 GREAT POND ROAD
· STREET
BROW~s~COUgT ,
BRUIN HILL RO~D
BUCKINGHAM ROAD
BUNKERHILL STREET
CABOT ROAD
CAMDEN STREET
CAMPBELL ROAD
CAMPION HAEb
CAMPION ROAD
CANDLESTICK ROAD
CARLTON LANE
CARRIAGE CHASE
CARTY CIRCLE
CASTLE~ERE
CEDAR LANE
CHADWICK STREET
CHAPIN ROAD
CHARLES STREET
CHESTNUT COURT
CHESTNUT STREET
CHESTNUT STREET
CHICK{RING ROAD
CHICK{RING ROAD
CHICK{RING ROAD
CHICK{RING ROAD
CHRISTIAN WAY
CHURCH STREET
CLARENDON STREET
CLARK STREET
CLEVELAND STREET
COACHMANfS LANE
COBBLESTONE CROSSING
COCHZCHEWICK DRIVE
COLBY COURT
COLGATE DRIVE
COLONIAL AVE
COLUMBIA ROAD
COMMONWEALTH AVENUE
CONCORD STREET
COTUIT STREET
COUPLEY CIRCLE
COURT STREET
COVENTRY bANE
CRANBERRY LANE
CRICKET LANE
CROSSBOW LANE
DAbE STREET
DANA STREET
DARTMOUTH STREET
DAVIS STREET
DEER ~EADON ROAD
DEVON COURT
DEWEY STREET
DONNA DRIVE
DOUGLAS ROAD
DRYAD STREET ~
DUDbEX STREET
DUFTON COURT
BROC 2
BRUR 6
BUCR 2
BUNS 1
CABR 2
CAMS 1
CAMR 5
CASH 1
CA~P
CANR 6
CARL 5
CARC 6
CART 4
CAST 6
CEDL 6
CHAD !
CHAR 2
CHAS
CHEC 4
CHES 4
CHES 5
CHIR
CHIR 2
CHIR 3
CHaR 4
CHRW 6
CHUS 2'
CLAR 2
CLAS 4
CLES 1
coal 6
COBB 4
COCO
CObC 3
COLD 1
C06A 5
COLA 1
COMA 3
CONS
COTS 3
COUP 4
COOS 4
COVb 6
CRAb 4
CRIL 5
CROE 6
DAbS 6
DANS 2
OARS 3
DAVS 2
DEEM 6
DEVC 3
DEWS 2
~OND 5
DOUR 2
DRYS 3
DUDS 2
DUFC 4
59 wATER STREET TO END (20)
WINTER STREET TO END
180 MIDDLESEX STREET TO b6 LYMAN ROAD
198 PLEASANT STREET.TO~64 WAYNE STREET
15 NORMAN-ROAD TO 16 SALTONSTALL ROAD
232 PLEASANT STREET TO 32 WAYNE STREET
SALEM STREET TO ASH STREET
15!8 GREAT POND ROAD
GREAT POND TO END
BOXFORD STREET TO END
OFF RALEIGH TAVERN.LANE
CASTLEMERE TO END
ANDOVER STREET TO ANDOVER STREET
MARBLERIDGE ROAD TU GREAT POND ROAD
OFF FOREST STREET
R!9 HIGH STREET TO 842 OSGOOD STREET
!60 MIDDLESEX ST, TO 36 BUCKINGHAM ROAD
SUTTON STREET TO END
CHESTNUT STREET TO CHESTNUT STREET
ANDOVER ST, TO HILLSIDE
NA~KER RD, TO OSGOOD 61g-864 [EVENS)
MASS,AVE, TO WALKER RD, ~61-638 {EVENS]
ANDOVER STe TO MASS,AVE, ~4-2~? (EVENS)
ANDOYER ST, TO OSGOOD 14-864 (ODDS)
OFF BRIDGES ~ANE
.~56 MAIN STREET TO ?5 WATER STREET
~ EAST.~ATER STREET TO 80 PLEASANT ST,
5~6 SUTTON STREET TO END
96 MAIN STREET TO 59 SAUNDERS STREET
GREAT POND ROAD TO END
OFF ~ASS, AVE,
GREAT POND ROAD TO CAMPION HALL
FR~M WOODRIDGE TO WOOD.RIDGE
CHICKERZNG ROAD TO CHADWICK STREET
OFF TURNPIKE ST
33! SUTTON STREET TO 2] PERLEY ROAD
]l MASSACHUSETTS AVENUE TO END
356 OSGOOD STREET TO END
ANDOVER STREET TO TURNPIKE STREET
OFF COBBLESTONE CIRCLE
305 OSGDOD STREET TO 24 ACADEMY ROAD
DALE ST, TO SO, BRADFORD
OFF OSGODD STREET
SUMMER-ST TO END
INGALLS STREET TO LACONIA CI.~CLE
240 SALEM STREET TO BOXFURD LINE C1019}
213 WAVERLEY ROAD TO 166 BEVERLY STREET
TURNPIKE STREET TU COTUIT STREET
358 MAiN STREET TO EAST WATER STREET
HAY MEADOW ROAD TO END
FROM WOODRIDGE TO WOOD-RIDGE
235 WAVERLEY ROAD TO !96 MARBLEHEAD ST,
CAMPBELL ROAD TO dO ANNE DRIVE
GREENE STREET TO MIFFLIN DRIVE
BELFAST STREET TO WAVERLEY ROAD
89 ~APLE AVENUE TO 156 M~DbESEX STREET
267 ANDUYER STREET TO CMZCKERING ROAD
DU C,A RIVE ,
EAST WATER STREET
EASY STREET
EDGELAWN AVENUE
EDGEWOOD DRIVE
EDMANDS ROAD
ELLIS CSURT
ELLIS STREET
ELM COURT
ELM STREET
ELMCREST ROAD
ELMWOOD STREET
EMERSON COURT
ENFIELD STREET
ENGLISH CIRCLE
EQUESTRIAN DRIVE
ESSEX STREET
ESSEX STREET
EVERGREEN DRIVE
FARNUM STREET
FARRWOOD AVENUE
FAULKNER ROAD
FERNCROFT CIRCLE
FERNVIEW AVENUE
FERNWOOD STREET
FERRY STREET
FIELDSTONE COURT
FIRST STREET
FOREST ST
FOREST STREET
FOSS ROAD
FOSTER STREET
FOULDS TERRACE
FOUNTAIN DRIVE
FOXNILL ROAD
FRANCIS STREET
FRANKLIN STREET
FRENCH FARM ROAD
FRONTAGE ROAD
FULLER MEADOW ROAD
FULLER ROAD
FURBER AVENUE
GARDEN STREET
GIBSON COURT
GILBERT STREET
GILMAN LANE
GLENNCREST DRIVE
GLENWOOD STREET
GRAFTON STREET
GRANVILLE LANE
GRAY STREET
GREAT POND ROAD/' /
GREAT POND ROAD
GREAT POND ROAD
GREEN HILL AVENUE - ' ' GREH
REENE STREET GRES
GREENE STREET GRES
DUND 6
EASW 2
EASS 5
EDGA 3
EDGD 4
EDMR 2
ELLC
Ebbs 1
ELMC 2
ELMS 2
ELMR 2
ELNW 3
EMEC 3
ENFS 3
ENGC 5
~QUO 6
ESSS 1
£SSS
EVED 5
FARS 5
FARA 3
FAUR 2
FERC 6
FERA 3
FERN
FERS
FIEC
FIRS
FORS 5
FORS 6
FOSR 4
FOSS 6
FOUT -1'
FOUD 2
FOXR 4
FRAM !
FRAS 2
FREF
FROR 3
FU~M
FOUR 6
FURA !
GARS 2
GILS 1
GILL 5
SLED 6
GLES- 3
GAAS 3
ORAL
GRAY 5
OREO 3
GREP
GREP 4
2
3
BOXFORD STREET TO END
I CLARENDON STREET TO 610 CHICKERING RD.
ABBOTT STREET TO END
HERITAGE GREEN APARTMENTS
OFF CORNER OSGOOD & STEVENS STREET
97 HERRICK ROAD TO 86 LYMAN ROAD
52 MAIN STREET TO END
SUTTON STREET TO DEAD END (AIRPORT)
OFF WATER STREET ~O END
304 MAIN STREET TU 97 WATER STREET
DAVIS STREET TO ELM STREET
131 MASS, AVE. TO t00 SHA~SHEEN AVE,
rkOM WOODRIDGE TO WOODmR~DGE
OFF COTUIT TOWARD TURNPIKE ST.
OFF SALEM STREET
LACONIA CIRCLE TO ENO
GREAT POND RD, TO BOXFORD LINE (EVENS)
GREAT POND RD. TO BOXFORD LINE (ODDS)
OFF CHESTNUT ~TREET TO END
861 jOHNSON TO INT. OF CAMPBELL RD & ASH
HERITAGE GREEN APARTMENTS
114 PARKER STREET TO 110 GREENE STREET
SOUTH BRADFORD STREET TO END
HERITAGE GREEN APARTMENTS
~49 MAS&. AVE. TO 89 SHAWSHEEN AVE,
30 NORTH MAIN STREET TO END
.~ROM wOUDRIDGE TO WOOD-RIDGE
9,5 MAIN'STREET TO 88 ~AVERLEY ROAD
1-S55 ODD ONLY
I BOXFORD STREET TO BOXFORD LINE
BERKELEY ROAD TO BERKELEY ROAD
1036 SALEM STREET TO BOXFORD LINE (753)
800' OSGOOD STREET TO COLGATE DRIVE
EAST WATER STREET TO DAVIS STREET
PLEASANT STREET TO GREAT POND ROAD
BALDWIN STREET TO PATRIUT STREET
CHICKERING RD TO ALLEN ST
OLD FARM ROAD TO END
332 MIDDLESEX STREET TO 23 PERRY STREET
FULLER ROAD TO END
SALEM STREET TO END
!39 HIGH STREET TO 58 MOODY STREET
240 ~AIN STREET TO 3! MERRIMACK STREET
FROM WOODRIDGE TO WOOD-RIDGE
BALDWIN STREET'TO PATRIOT STREET
FARNUM STREET TO END
WINTER STREET (WEST) TO DALE STREET
~87 MASS. AVE.--TO 7~ SHAwSHEEN AVE.
IPSWICH STREET TO END
SALEM STREET TO SALEM STREET
2~0 BOSTON TO ANDOVER LINE
LINDEN AVENUE TO wOOD LINE
ESSEX TO OSGOOD ~U0~-~939 (BOTH SIDES)
JOHNSON TO ESSEX l-iD00 (EVENS ONLY)
JOHNSON ST; ~ ESSEX/--~-!OOO (ODDS ONLY)
LINDEN AVENUE TO ,(M~DSTOCK STREET
3~9 MAIN TO MASSACHUSETTS AVE. (!-209)
MASS. AVE. TO SHAWSHEEN RIVER (22b-Sb6)
STR~T NAM~ CODE PCT# BUUNUAMI~
GREENWOOD .EAST ,
GROSV~NOR STREET
HALIFAX STREET
HAMILTON ROAD
HARKAWA¥ ROAD
HAROLD STREET
HAR~ICH STREET
HARWOOD STREET
HAWKINS LANE
HAY MEADOW ROAD
HEATH CIRCLE
HEATH ROAD
HEMLOCK STREET
HERRICK ROAD
HEWITT AVE
HICKORY HILL ROAD
HIDDEN COURT
HIGH PLAINS RD
HIGH STREET
HIGH WOOD WAY
HIGHLAND ROAD
HIGHLAND TERRACE
HIGHLAND VIEW AVE
HILLSIDE ROAD
HILLSIDE ROAD
HITCHING POST ROAD
HODGES ST
HOLBROOK ROAD
HOLLOW TREE LANE
HOLLY RIDGE ROAD
HOLT ROAD
INGALLS ST
INGLEWOOD STREET
INNIS STREET
IPSWICH STREET
IRONWOOD ROAD
IRVING ROAD
JAY ROAD
JEFFERSON STREET
JERAD PLACE ROAD
JETWODD STREET
JO ANNE DRIVE
JOHNNY CAAE STREET
JOHNSON CIRCLE
JOHNSON STREET
JOHNSON STREET
KARA DRIVE
KA~HLEEN DRIVE
KIERAN ROAD
KINGSTON STREET
KXTTREDGE ROAD
LACONIA CIRCLE
LACY STREET
LANCASTER ROAD
LAURA WOODSIDg WATKINS~AY
LEXINGTON STREET
LEYDEN STREET
GHEE 5
GROS 1
HALS 3
HAHR 2
mARR 1
HARD 2
HAHS 3
HA,~ 5
HAYM 6
HEAC 4
HEAR 4
HEMS 2
HERR 2
HEwA 4
~ICK 1
HIOC 6
HIGP 6
HIGS 1
HXG~ 6
HIGH 5
HIGT 4
HIGV 1
HILR
HILR 5
H~TP 6
~ODS 1
HOLE 2
HOLT 6
HOLL 5
HOLR 4
XNGA 5
XNGA
INGS 3
INNS 5
IPSS 3
IROR 6
IRVR
JAYR 5
JEFS 3
JERR 6
JETS 3
JO k 5
JOHN 5
JO~C 5
JOHS 4
dOHS 5
KARO 5
KATD 4
KIER 5
KINS 3
KITR
LACC 6
LACS
bANR 6
bAU~ 6
LEIS 1
bEYS 3
CHESTNUT STREET TO END
OFF SUTTON STREET (NORTHERLY)
BELFAST STREET TO WAVERLEY ROAD
271 MASSACHUSETTS AVE.~TU PUTNAM ROAD
409 OSG00D STREET TO 161 STEVENS STREET
195 WAVERLEY ROAD TO 150 BEVERLEY STREET
OFF IPSWICH ST,
185 MASSACHUSETTS AVENUE ~0 END
PATTEN LANE TO END
WINTER STREET TO ~]NTER STREET
HEATH ROAD TO END
SUTTON HILL TO MILK STREET
454 MASSACHUSETTS AVE.' TO PARKER STREET
248 MASS, AVE, TO 136 MIDDLESEX STREET
57 CHESTNUT STREET TO I ROSEDALE ~TREET
BARKER'ST TO END
OFF BLUE RIDGE ROAD TO END
BEAR HILL TO APPLETON ST
96 WATER STREET TO 315 SUTTON STREET
MEADOWVIEW ROAD TO END
NORTH ANDOVER TO ANDOVER LINE
426 ANDOVER STREET TO 18 WILSON ROAD
38 FURBER AVENUE TO 43 CHADWICK STREET
CHESTNUT TO ANDOVER LINE CODD SIDE ONLY)
CHESTNUT TO ANDOVER LINE[EVEN SIDE ONLY)
OFF APPLETON STREET
-18 MAY STREET TO 9 SARGENT STREET
908 MASSACHUSETTS TO PUTNAM ROAD
WINTER STREET TO END
OFF JOHNSON STREET
OSGOOD STREET TO CLARK STREET
60'186 EVEN ONLY
17~2 SALE STREET TO 559 FOREST STREET
21! MASS, AVE. TO 31SHAWSHEEN AVE,
10 BOOTH STREET TO END C88)
COTUXT STREET TO KINGSTON STREET
OFF DALE ST. TO END
25 TROY ROAD TO 39 PERLEY ROAD
REA STREET TO END
VILLAGE GREEN APARTMENT~
FORET STREET TO CANDLESTICK ROAD
MASSACHUSETTS AVE. TO SttAWSHEEN AVE,
CAMPBELL ROAD TO DONNA DRIVE
CARLTON ~ANE TO CARLTON bANE
OFF JOHNSON STREET
ANDOVER ST, TO SUTTON HILL C6-164)
SUTTON HILL TO TURNPIKE C165-1085)
LISA LANE TO LISA LANE
OFF HILLSIDE RD.(4-6-8 N.A.I 2-~0 AND,)
OFF LISA 6AWE
VILLAGE GREEN APARTMENTS
BEAR HILL ROAD TO END
OLYMPIC LANE TO FOREST STREET
FOREST STREET TO 8OXFORD LINE
SOUTH BRADFORD TO END
OFF SHARPNERS POND RD
220 PLEASANT ST, TO 52 wAYNE STREET
VILLAGE GREEN APARTMENTS
LIBERTY 'STREET ,
LINCOLN STREET
LINDEN AVENUE
LISA LANE
LITTLE ROAD
LONG PASTURE ROAD
LONGWUCD AVENUE
bORRAINE AVENUE
LYMAN ROAD
LYONS WAY
NABb[N AVENUE
MAGNOLIA DRIVE
MAIN STREET
MAIN STREET
MAIN STREET
MAPLE AVENUE
MAPbE AVENUE
MAPLEWOUD AVENUE
MARBLEHEAD STREET
MARBLEHEAD STREET.
MAEBLERIDGE ROAD
MARBLERIDGE ROAD
MARENGO STREET
MARGATE STREET
MARIAN DRIVE
MARK ROAD
MARTIN AVENUE
MASSACHUSETTS AVENUE
MASSACHUSETTS AVENUE
MASSACHUSETTS AVENUE
MAY STREET
MCCABE COURT
MEADOW LANE
MEADOWOOD ROAD
MEADOWVIEW CROSSING
MEADOWVIEW RD
MERRIMACK COLLEGE
MERRIMACK S~REET
METHUEN AVENUE
MIDDLESEX STREET
MIDDLETON STREET
MIFFLIN DRIVE
~IbK STREET
MILL ROAD
MILLPOND
MILTON STREET
MINUTE AVENUE
NOBLY TOWN ROAD
MONTEIRO WAY
MOODY STREET
NORKESK! MEADOW
MORNINGSfDE bANE
MORRIS STREET
MORTON STREET
MOUNT VERNON STREET
NORMAN ROAD {
NORTH CROSS ROAD
NORTH MAIN STREET
bIBS b
'bINS 2
LIMA 3
bITR 2
bONA 6
bONA 4
bORA 4
LYMR 2
bYOW 5
MABA 3
~AGD 2
MAIS 2
MAIS 4
MAPA
MAPA 2
MAPL 4
~ARB
MARB 2
MARR 5
MARR 6
MARE 3
MARS 3
MARD 5
MARK
MARA 3
MASA 3
MAYS 1
MCCC
MEAL
MEA~ 5
~EAC 5
~EAR 6
MERC 4
MERS 2
META
MZDS 2
MIDD 5
~ZFD 2
MI~K 4
1
~IbS
MINA 4
MOLT- 5
MONW 4
MOOS 1
MORM 3
MORb 6
~O~R 2
MORS 1
~OUV !
'NORR 2
NDRC
NORM
SHARPENERS POND RD, TO MIDDbETON LINE
167 PLEASANT STREET TO 20 OXFORD STREET
234 GREENE STREET TO 32 wOODSTOCK STREET
OFF JOHNSON STREET,
31HERRICK ROAD'TO 32 bYMAN ROAD
FOREST STREET TU END
83 CHESTNUT TO 86 ROSEOAbE AVENUE
186 ANDUVER STREET TO END
258 MASS, AVE, TO 88 MIDDLESEX STREET
CAMPBELL ROAD TO END
BEECHWOOD STREET TO TRINITY COURT
MAIN STREET TU ELMCREST ROAD
159 SUTTON ST TU SECON'D S2 (11 TO
SECOND ST, TO CH[CKERZNG ROAD
CHICKERING RD TO 248 OSGOUO ST
WAVERLEY ~O SECOND ST ! TO 36
SECOND ST, TO'THIRD ST,
LONGWOOD AVENUE TO ROSEDALE AVENUE
SUTTON TO UNION ST (17-79)
UNION ST~ TO MASS AVE (91-226)
SALEM ST, TO dOHNSON ST 240-440
GREAT POND RD-SALEM ST, 1-23S
BELFAST STREET TO WAVERLEY ROAD
467 WAVERLEY RD, TO 14 BELFAST STREET
835 CHESTNUT STREET TO END
JOHNSON STREET TO gNO
.MASSACHUSETTS AVENUE ~ESTERL¥
LAWRENCE LINE TO CHICKERING ~-59§ EVENS
LAWRENCE LINE TO CHICKERING !-595 ODDS
CHICKERZNG RD TO N,A, CENTER (b~5-730)
33 MAIN STREET TO END
OFF MAg ST AND BELMONT ST
MASSACHUSETTS AVENUE TO WOOD LANE
OFF WILLOW
OFF ABBOTT STREET
SOUTH BRADFORU ST, TO MORNINGSZDE LANE
JUNCTION OF ANDOVER & TURNPKE ST-RTE.I14
216 MAIN STREET TO 43 WATER STREET
SUTTON STREET NORTHERLY
GREEN S~ TO FRONTAGE (1'332}
AT ANDOVER LINE
MIDDLESEX ST, TO MASSACHUSETTS AVE,
B3 jOHNSON STREET TO 62 CHESTNUT STREET
720 CHESTNUT'STBEET TO 8~! JOHNSON ST,
orr HARKAwAY ROAD
44 THIR0 STREET TO 55 MIDDLE~'Ex STREET
44 HENITT AVENUE TO 37 MAPLEWOOD AVENUE
SUMMER STREET-TO END
OUA~L RUN TO END
PRESCOTT STREET TO CHADWICK STREET
CORNER WAVERLEY ROAD AND GREENE STREET
WINTER STREET TO END
SECOND STREET TO ~DDLESEX STREET
1 WAVERLEY ROAD TO 12 HODGES STHEET
46 PRESCOTT STREET TO ENO
190 WAVERLEY ROAD TO BUCRINGHAM ROAD
OFF ABBOTT STREET
170 SUTTON ST, TO MERRIMACK RIVER
aUr~,EG bA~E ,
O'tCONNOR HEIGHTS
OAK AVENUE
OAKES DRIVE
OLD CARTWA¥
OLD FARM ROAD
OLD V~[,~AGE LANE
OLYMPIC LANE
OSGOOD STREET
OSGOOD STREET
OXBON CIRCLE
OXFORD STREET
PADDOCK LANE
PARK STREET
PARK WAY
PARKER STREET
PARTRIDGE DRIVE
PARTRIDGE HILL. LANE
PATRIOT STREET
PATTON LANE
PEARSON LANE
PEMBROOK ROAD
PENNI LANE
PERIWINKLE
PERhE¥ ROAD
PERRY STREET
PETERS STREET
PETERS STREET
PHILLIPS 8ROOKS ROAD
PdlLLIPS COaMON
PHILLIPS COURT
PILGRIM STREET
PINE RIDGE ROAD
PLEASANT ST
PHEASANT STREET
PLEASANT STREET
POND STREET
POOR STREET
POPLAR STREET
PRESCOTT STREET
PRESCOTT STREET
PRINCETON STREET
PROSPECT STREET
PURITAN AVENUE
PUTNAM ROAD
OUAIL RUN
RALEZGH TAVERN LANE
REA STREET
RICHARDSON AVENUE
RXDGEWAY
RIVER¥~EN STREET
ROBINSON COURT
ROCK ROAD
ROCKY BROOK ROAD
ROSEDALE AVENUE
ROSEMONT CIRCLE
ROSEMONT DRIVE
ROSEWOOD DRIVE
NUTL 5
OCOH 1
OAKA 4
OAKD 5
OLDC 5
OEDF t
OLDV 4
OLYL 6
OSGS 1
OSGS 4
OXBC 5
OXFS 2
PADb 5
PARK 4
PARW 2
PARS 2
PARD 5
PARH 5
PATS 1
PATh 5
PEAL 5
PEMR 2
PENL 5
PERW 5
PERR
PERS 2
PETS 3
PETS 4
PHIB 2
PHIL 4
PH~C 1
PILS 2
PINR 6
PLES
PLES 2
PLES 4
PONS 4
POOS 1
POPS 2
PRES 1
PRES 4
PRIS
PROS
PURA 5
PUTR 2
QUAR 4
RALT 5
REAS 5
RICA 2
RIDW 5
RIVS 1
ROBC 2
ROCR 4
ROCB 6
ROSA 4
ROSC 5
ROSE 5
ROSD 5
~UUNUA~I~D
OFF THISTLE ROAD
OFF SECOND STREET
74 ANDOVER STREET TO END (20)
OFF JOHNSON STREET TO END
OFF BOSTON STREET
BARKER STREET TO FRENCH FARM ROAD
OSGOOD STREET TO END
SALEM ST. TO SALEM ST,
PLEASANT ST TO HAVERHILL LINE
ANDOYER ST TO PLEASANT ST
OFF COLONIAL
LINCOLN STREET TO RUSSELL STREET
BOSTON STREET.TO END
472 MAIN STREET TO 310 OSGOOD STREET
38t MAIN STREET TO 28 BRADSTREET ROAD
142 GREENE STREET TO 529 MAIN STREET
OFF SALEM STREET
OFF SALEM STREET
99 WAVERLEY ROAD TO 54 BELMONT STREET
GRANVILLE LANE TO END
OFF SALEM STREET
LYMAN ROAD TO GREENE STREET
GRAY STREET TO END
OFF NUTMEG LANE
168 HIGH STREET TO END C58)
111 BEVERLY STREET TO FRONTAGE ROAD
-ANDOVER ST TO TURNPIKE ST (ODDS ONLY)
~'NDOVER'*'ST TO TURNPIKE ST (EVENS ONLY)
OSGOOD STREET TO ~ASSACHUSETTS AVENUE
OF MASS~ AVE,
333 OSGOOD ST. TO 329 PLEASANT STREET
275 MAIN STREET TO 77 MIDDLESEX STREET
APPLETON STREET TO APPLETON STREET
CH]CKERING RD TO PHILLIPS CT
§5 EL~ STy TO CHICKERING RO~ (~-~83)
CHICKERING RD TO GAT POND RD
1390 GREAT POND ROAD TO BOXFORD LINE
OFF SUTTON STREET NORTHERLY
GREENE STREET TO MASSACHUSETTS AVENUE
79 HIGH STREET TO CHICK~RING RD {14-159}
CHICKER/NG - 714 OSGOOD ST, ¢160-190)
242 PLEASANT STREET TO END
72 FURBER AVE, TO 8g CHADWZCK ST,
OFF COLONIAL
bYMAN ROAD TO GREENE STREET
.,
CHESTNUT ST TO CHESTNUT ST ....
FARNUM STEET TO END
564 CHESTNUT STREET TO 125 SUMMER STREET
24 THIRD TO PILGRIM STREET
OFt ROSEMONT
43 NORTH MAIN STREET TO END (73)
322 MIDDLESEX STREET TO END
ANDOVER STREET TO BERKELEY ROAD
TANGbENOOD bANE TO END
76 HE,ITT AVENUE TO LONGWOOD AVENUE
OFF CHESTNUT CIRCLE
OOF CHESTNUT STREET
OFF CHESTNUT STREET
ROYAL'CRE~T DR[V£
RUSSETT LANE
SALEM STREET
SALEM STREET
SALEM STREET
SALTON&TALL ROAD
SAMUEL PHILLIPS DRIVE
~ANDRA LANE
SARGENT STREET
SAUNDERS STREET
SAVILLE STREET
SAW MILL ROAD
SAWYER ROAD
SCHOOL STREET
SCOTT CIRCLE
SECOND STREET
SECOND STREET
SHANNON LANE
SHARPNERS POND ROAD
SHAWSHEEN AVENUE
SHORT STREET
SILSBEE ROAD
SKY¥IEN TERRACE
SOUTH BRADFORD STREET
SOUTH CROSS ROAD
SPRINGHILL ROAD
SPRUCE STREET
STAC¥ DRIVE
STAGE COACH ROAD
STEVENS STREET
STEVENS STREET
STEVENS STREET
STILES STREET
STONECLEAVE ROAD
STONXNGTON STREET
SUGARCANE LANE
SULLIVAN STREET
SUMMER STREET
SUMHIT STREET
SURREY DRIVE
SUTTON HILL ROAD
SUTTON HILL ROAD
SUTTON PLACE
SUTTON STREET
SYLVAN TERRACE
TANGLEWOOD LANE
TAVERN ROAD
THIRD STREET
THISTLE ROAD
THORNDIKE ROAD
TIFFINY LANE
TIMBER LANE
TOLLAND ROAD
TRINITY COURT
TROY ROAD ~
TUCKER FARM ROAD
TURNPIKE STREET
RO¥C 4
'RU~S 2
RUSL 6
SALS 5
SALS 6
SALR 2
SAMP 4
SANE 5
SAR$
SAUS 1
SAYS 4
~AWH 6
SAWR 2
SCHS
SCOC 6
SECS !
SEC$ 2
SHAL 5
SHAP
SHAA 3
SHOS 5
SILR 2
SKYT 5
$OUB 6
SPRR 5
SPRS 2
STAD !
STAC 6
STES 1
STES 4
STE$ 6
STXS 5
STOR 6
STOS 2
SUGL 6
SUL$ 5
SUMS 1
SURD 1
SUTH 4
SUTH 5
SUTP 4
~YLT 3
TANL 6
TAYR 2
THZ$ 2
THIR 5
THOR
TXFF 6
TIML 6
TOLR 4
TRIC
TROR 1
TUCF 5
TUR$ 3
ROYAL CREST ESTATES
418 MAIN STREET TO 183 PLEASANT STREET
DALE STREET TO HORNINGSIDE LANE
JOHNSON ST, TO NXDDLETON LINE (ODD)
JOHNSON ST, TO MXDDLETON(EVEN 1044-1634)
JOHNSON ST, TO ~IDDLETON LINE(EVEN )
220 WAVERLEY ROAD TO 38 HERRIC~ ROAD
OFF MASSACHUSETTS AVE,
LiSA LANE TO SUTTON HILL ROAD
39 HODGES TO END (43)
40 HAIN STREET TO ENO
698 TURNPIKE ST, TO ]2 ~ESLEY STREET
MINTER STREET TO HAY ~EADON ROAD
PEMBROOK ROAD TO HIDDLESEX STREET
127 MAIN STREET TO END
OFF OF FOREST ST,
MAIN ST, TO NAVERLEY RD, (ODDS ONLY)
MAIN STREET TO NAVERL¥ RD, (EVENS ONLY]
FARNUH STREET TO END
TURNPIKE ST TO FOREST ST & LIBERTY ST
ELMkOOD STREET TO GREENE $TREET
GREAT POND ROAD TO END
HERRICK ROAD TO 102 LYMAN ROAD
OFF RIDGE~AY
GREAT POND ROAD TO 824 SALEM STREET
OFF REA
.{UMMER STREET TO END
~ASSACHUSETTS AVENUE TO PARKER STREET
PRESCOTT ~TREET TO END
APPLETON STREET TO APPLETON STREET
i8 TO 226 ALL
227-400 ALL 447-481 ODDS ONLY
GR~AT POND-SALER ST 447-48! (EVENS ONLY)
2&l GRAY STREET TO ANDOVE~ LINE (327)
BOXFORD STREET TO END
69 MAPLE AVE, TO ~83 MIDDLESEX STREET
CANDLESTICK ROAD TO END
OFF BOSTON STREET
777 SALEM STREET TO 74 FARNUM STREET
PRESCOTT STREET TO END
SUTTON STREET TO CHADWICK STREET
JOHNSON ST, TO CHESTNUT ~To (ODDS ONLY)
JOHNSON ST, TO CHESTNUT ST, (EVENS ONLY)
OFF SUTTON HILL ROAD TO END
LAWRENCE LINE TO 954 OSGOOD STREET
LINDEN AVENUE TO MASSACHUSETTS AVENUE
OFF FOSTER ST, AND ~INTERGREEN DR,
439 RAIN STREET TO FAUEKNER ROAD
225 MAIN STREET TO ~33 ~IDDLESEX STREET
OFF ABBOTT STREET
257 SUTTON STREET TO 49 PERLEY ROAD
BRIDGES STREET TO END
OFF BRENTWOOD CIRCLE
280 TURNPIKE STREET TO PINEDALE TERRACE
265 GREENE STREET TO 287 MASS, AVE,
18 THORNDIKE ROAD TO ~7 COLUMBIA ROAD
MILL ROAD TO END
~AVERLY RD, TO P~T~RS ST,
~U*RN[~K~ STREET
?URN[~IKE 'STREET'
TURTLE LANE
TYLER ROAD
UNION STREET
UNION STREET
UNITY AVENUE
UPLAND STREET
VEST WAY
VILLAGE GREEN DRIVE
VILLAGE WAY
WALKER ROAD
WALNUT AVENUE
WATER STREET
WATER STREET
WAVERLEY ROAD
WAVERLEY ROAD
WAVERLEY ROAD
WAYNE STREET
WENTWORTH AVENUE
WESLEY STREET
WEST BRADSTREET ROAD
WEST WOODBRIDGE ROAD
WHITE BIRCH LANE
WXLDROSE DRIVE
WILDWOOD CIRCLE
WILEY COURT
WILLXAM STREET
WILLOW RIDGE ROAD
WILLD~ STREET
WILSON ROAD
WINDSOR LANE
,WINTER STREET
WINTERGREEN DRIVE
WINTHROP AVENUE
WOOD AVENUE
WOOD LANE
WOOD bANE
WOODBERR¥ LANE
WOODBRIDGE ROAD
WOODCHUCK bANE
WOODCREST DRXVE
WOODSTOCK STREET
WRIGHT AVENUE
YOUNG ROAD
TURS
TURS
~URL
TYLR
UNIS
UNIS
UNIA
UPLS
VESW
VILG
VILW
WALR
WALA
WATS
WATS
WAVR
WAVR
NAVR
WAYS
WENA
WESB
WESW
WHIL
WILD
WILC
WILE
will
wILL
WXLS
wXLR
will
WINS
WXND
wINA
WOOA
WOOD
WOOD
wOOB
WOOR
WOOL
WOOC
wOOS
NRIA
YOUR
PETERS 3T, TO HILLSIDE C187-576}
HILLSIDE TO MIDDLETON LINE (591-2357)
SALEM STREET TO END
PEM~ROOK ROAD TD WOODBRIDGE ROAD
NAVERLY ROAD TO'END (ODDS ONLY.)
NAVERLY RO, TO END CEVENS ONLY)
ADMAS AVENUE TO AUTRAN AVENUE
26 PRESCOTT TO END C52)
FOSTER STREET TO BRIDGES LANE
VILLAGE GREEN APARTMENT&
DALE ST, TO END
MEADOWVI'EN APARTMENTS
39 PARKER TO 442 MASSACHUSETTS AVENUE
HAIN ST, TO ELM STe 6-75 CEVENS ONb¥~
WAIN TO ~LARENDON t25-180 & 6-75 ODD&
~AIN ST, TO SECOND ST, (1-143)
SECOND S?-NASS,AV~ C~44-293)
MASS, AVE TO END (330-82b)
OSGOOD STREET WESTERLY
62 FURBER AVENUE TO 69 CHADWICK STREET
456 CHESTNUT TO 75 INNIS STREET
GREENE STREET TO ~IFFLZN DRIVE
GREENE STREET TO RXFFLIN DRIVE
BRADFORD ST TO END
OFF ROSEMONT AND ~ObLY RXDGE
FOREST STREET TO END
.~ATER STREET TO PLEASANT STREET
~AVERLE¥ ROAD TO ~ARBLEHEAO STREET
BOSTON STREET TO &ND
845 TURNPIKE ST, TO 318 HILLSIDE ROAD
260 TURNPXKE ST, TO 61FARNHAM ROAD
OFF ASH STREET
76~ GREAT POND ROAD TO 545 FOSTER STREET
OFF OF FOSTER ST
WAVERLEY ROAD TO LAWRENCE LINE
376 SUTTON STREET TO BRENTWOOD AVENUE
AUTRAN AVE TO 378 WAVERLEY RD (340-497)
175 ANDUVER ST TO AUTRAN AVE (4-15)
MARBLERIDGE ROAD TO END
80 GREENE $~REET TO 47 TAVERN ROAD
RALEIGH TAVERN LANE TO END
MEADOWVIEW ROAD TO END
MASSACHUSETTS AVENUE ZO WOOD LANE
SUTTON STREET NORTHERLY
51HERRX,CK ROAD TO 52 bYMAN ROAD
RNPIKE
TURTLE bANE'
?YLER ROAD
ONION STREET
UNION STREET
UNITY AVENUE
UPLAND STREET
VEST WAY
VILLAGE GREEN DRIVE
VILLAGE WAY
WALKER ROAD
WALNUT AVENUE
WATER STREET
WATER STREET
WAVERLEY ROAD
WAVERLEY ROAD
WAVERLEY ROAD
WAYNE STREET
WENTWORTH AVENUE
WESLEY STREET
WEST BRADSTREET ROAD
'WEST WOODBRIDGE ROAD
WHITE BIRCH LANE
~iLDROSE DRIVE
~ILDWOOD CIRCLE
t~ILEY COURT
i~ILLIAM STREET
~ILLOW RIDGE ROAD
WILLOW STREET
WIb$ON ROAD
~INDSOR LANE
.WXNTER STREET
YZNTERGREEN DRZVE
? RoP AVENUE
~OO!~ ~VENUE
NO~'D bANE
WO~D LANE
W~DDBERR¥ ~ANE
!<OSDBRIDGE ROAD
~O~DCHUCK ~ANE
WOOD,REST DRIVE
~OODSTOCK STREET
b~IGMT AVENUE
YOUNG ROAD
TURS
TURS
YURL
TYbR
UNiS
UNIS
UNIA
UPLS
VESW
VILG
WALR
WALA
WA~S
WATS
WAVR
WAVR
NAVR
WAYS
WENA
WESS
WESB
WESW
WHIL
wiLD
WILC
WILE
MILI
WILL
WILS
wlLR
WINb
WIND
MINA
WOOA
WOOD
WOOD
wOOB
WOOR
WOOL
WOOC
NRIA
YOUR
?JTERS ST, TO HILLSIDE (187-576)
HILLSIDE TO MIDDLETON LINE (591-2357)
SALEM STREET TO END
PEMBROOK ROAD TD WOODBRIDGE ROAD
~AVERLY ROAD TO'END (ODDS ONLY)
WAVERLY RD, TO END (~VEHS ONLY)
ADMAS AVENUE TO AUTRAN AVENUE
26 PRESCOTT TO ENO (52)
FOSTER STREET TO BRIDGES LANE
VILLAGE GREEN APARTMENT~
DALE ST, TO END
~EADDWVIEW APARTMENTS
~9 PARKER TO ,442 ~ASSACHUSETTS AVENUE
MAIN ,ST, TO ELM ST, 6'?5 (EVENS ONLY}
MAIN TO CLARENPON 125'180 & 6-75 OPDS
~AIN ST, TO SECOND
SECOND ST-MASS,AVE (144-293)
MASS, AVE TO END (330-825)
OSGOOD STREET WESTERLY
62 FURBER AVENUE TO 69 CHADWICK STREET
456 CHESTNUT TO ?5 ZNWIS STREET
GREENE STREET TO MIFFLIN DRIVE
GREENE STREET TO MIFFLIN DRIVE
BRADFORD ST TO END
OFF ROSEMONT AND HObbY RIDGE
FOREST STREET TO END
.WATER S~REET TO PLEASANT STREET
~AVERbE¥ ROAD TO ~ARBbEHEAD STREET
BOSTON STREET TO ~ND
845 TURNPIKE ST, TO 318 HILLSIDE ROAD
260 TURNPXKE ST, ~0 61FARNHAM ROAD
OFF ASH STREET
76! GREAT POND ROAD TO 545 FOSTER STREET
OFF OF FOSTER ST
WAVERLEY ROAD TO LAWRENCE LINE
3?6 SUTTON STREET TO BRENTWOOD AVENUE
AUTRAN AVE TO 3?8 WAVERLEY RD [340-497}
175 ANDOVER ST TO AUTRAN AVE (~-15)
MARBbERIDGE ROAD ~0 END
80 GREENE STREET TO 4? TAVERN ROAD
RALEIGH TAVERN LANE TO END
~EADOWVIEW ROAD TO END
MASSACHUSETTS AVEWUE TD MOOD LANE
SUTTON STREET NORTHERLY
51HERRIC~ [ ' '.. LYMAN ROAD
TOWN OF NORTH ANDOVER, MASSACHUSETTS
REQUEST FOR INSERTION OF ARTICLE IN THE WARRANT FOR THE 19
ANNUAL TOWN MEETING
Board of Selectmen
Town Office Building
North An.dover, Massachusetts
Dat~: March 15
., 19 95. //
Gentlemen:
It is hereby requested that the following Article be inserted in the Warrant for the 19 North
Andover Annual Town Meetin$.:
(APPROPRIATION Article *: To see if the Town will vote to raise and appropriate the sum
ARTICLE) of $. ., to be expended under the direction of the
for the purpose of ~
OR:
(OTHER) Article *: To see if theTownwillvoteto accept the roadway known as
"ViLlage Way" as a public way, namely !'Viilage Way" from Station 0+00 to Station 3+77.05
as shown on a plan entitled, "Definitive Subdivision of Village Woods, North Andover,
Mass., owner and Applicant Anthony J. Foresta, prepared by Frank Gelinas and Associates,
Inc., North A~]dover Mass., Scale 1'=40', dated March 17, 1981, revised 2/5/82," and
recorded in the Essex North District Registry of Deeds as Plan No. 9582~ and supplemented
by a plan entitled, "Supplemental Pan for the Definitive Subdivsion of Village Woods,
North Andover Mass., by Richard F. gaminski and Associates, Inc., North Andover MA, dated
March 11, 1985,"and recorded in said Regisrty as Plan No. 9853.
(If Petitioner is a Town
Agency)
OR:
(If the insertion of the
proposed Article is at:
the request of "ten or,
more registered voters i
of the town" under G.
L. c. 39, s. 10)
*Leave blank; the Ar-
ticle number will be
later determined
**Insert the name of
the first signer of the
Request.
Petition of the
By:
Petition of .~t~v~n K'natt; 5 V~ l ] mgm Way, .. N. Andavmr ** and others
DName Street Address
Phone ( ,.) --
· Area Code Number Extension
TELEPHO"~ ' I
IwILL CALL AGAIN
WANTS TO SEE YOU
J~,JRNED YOUR CAU. I I
Message~ _t__, ! ~- ~ --
AMPAD
EFFICIENCYe
REQUEST F0~t¢I.~!SERTION OF ARTICLE IN TIlE WAItltANI' l'Olt
NORTH AN DOVER
Board of Selectmen
Town Office Building
North/m~lover, Massachusetts
Gentlemen:
It is hereby requested that the lollowing Article be inserted in the Warrant for the 19
Andover Annual Town Meetin~g.:
Articl-
(AP.PROPRIATION
ARTICLI~.) of $ ....
!
North
*: To see il the Town will vote to raise and appropriate the sum
, to be expended under the direction of the
"for the purpose of
Article ~mendment to Zoning Bylaw--Section 4.136 (8) Watershed Protection
District. To see if the Town will vote to amen~ Section 4.136 (8) Watershed
.Protection District of the Zoning Bylaw to add noncriminal penalties for
violations of the bylaw as follows.
OR:
(OTHER)
(If Petitioner is aTown
Agency)
OR:
Petition of the
By:
Petition of
Name
(If the insertion of the
proposed Article is et
the request of "ten or
more registered voters
of the town" under G.
L. c. 39, s. 10)
*Leave blank; the Ar-
ticle number will be
later determined
**Insert the name of
Article
the first signer of the -
*: T.o see if rite Town will vote to
George Perna, Jr.
Director, Public Works
** and otlmrs
Street Addres-~
ARTICLE ~MENDMENT TO ZONING BYLAW - SECTION 4.136 (8)
PROTECTION DISTRICT. To see if the Town will vote to amend
4.136 (8) Watershed Protection District of the Zoning Bylaw
noncriminal penalties for violations of the bylaw as follow
Section 4.136 Watershed Protection District
Enforcement, Investigation & Violations
Written Notice of any violation of this Bylaw shall be provJ
the Director of Planning and Community Development or his
agent to the owner of the premises specifying the nature
violation. The Director of Planning and Community Deve]
shall request of the owner a schedule of compliance. Such sc
shall allow for the immediate corrective action to take place
approval by the Department of Planning and Community Devel¢
the compliance 'schedule should reflect the nature of the
health hazard, the degree of degradation to the natural rE
area in question and the degree of difficulty in re¢
compliance. In no event shall more than thirty (30) days be
for either compliance or finalization of a plan for longer
compliance. Said schedule of compliance shall be submitted
Director of Planning and Community Development or his or hel
for approval subsequent to the violation. Said agents shall
the Director of Planning and Community Devolopment
violations of the schedule of compliance or any failure to
the requirements of this paragraph. Failure of one to res
comply to the violation within thirty (30) days may be sub
a penalty as defined below.
In accord with the proVisions of M.G.L. Chapter 40 Sectio
and 31, Section 1-6 of the Code of the Town of North Ando'
well as every other authority and power that may have been
hereafter be conferred upon it, the Town may enforce the pr
of this Section, restrain violations thereof and seek inju
and judgments to secure compliance with its provisions ~
special permits that may have 'been issued. Without limit
generality of the foregoing;
A. Any person who violates any provision of this Sectio
any condition or a permit issue pursuant to it
punished bya penalty pursuant to Massachusetts Gener~
Chapter 40, Section 21 D, or Section 1-6 of the Code
Town of North Andover, each day or portion thereof d~
which a violation continues shall constitute a separ~
offense.-This Bylaw may be enforced pursuant to
Massachusetts General Laws Chapter 40, Section 21D,
Town police officer, other persons having police powE
Director of Planning and Community Development or
designee'.
In accordance with Ch..40 s..21D and Section 1-6 of the
the Town of North Andover, violators may, at the dis(
of the enforcement authorities, be charged a penal
penalties for violations or this Bylaw shall be assE
follows:
.~RSHED
~.ction
add
ded by
or her
of the
opment
~hedule
~. Upon
,pment,
public
~source
:eiving
.llowed
:erm of
to the
~ agent
notify
)f any
~atisfy
)ond or
ect to
s 21 D
;er, as
or may
~vision
~ctions
Lnd any
lng the
~ or of
may be
~1 Laws,
of the
ring
.te
by a
~rs, the
his/her
Code of
:retion
ty. The
~ssed as
Activity
Conservation
Zone
Alt. of any wetland
resource area
Alt. of any stream or *
or waterbody *
Depositing any refuse, *
debris, yard waste or *
constr, material in a *
wetland or waterbody *
Use, method or applic. $300
of any lawn care or
garden product(pesticide,
herbicide, or fertilizer)
that may contribute to the
degradation of the public
water supply
Use of lawn care prod.
that are not organic or
slow-release nitrogen
Non-Dist.
Zone
Violation penalties are cover~
the Wetlands Protection B
maximum penalty is $300
$250 $2O
$300 $250 $20
Non--Disch.
Z~ )ne
~ under
,law ;
Construction of any
septic system
Unauthorized construc-
tion of any accessory
structure or expansion
of any existing structure
by less than 25 percent
of the gross floor area
of the existing structure
Animal feedlots or the
storage of manure
* penalties covered under the Board of
Health regulations
$300 $250
$300 Allowed
Allowed
Ail ~wed
Activity
Conservation
Zone
Expansion of an existing $300
structure by 25% or more
of the gross floor area
of the existing structure.
Non-Dist. Non-
Zone Z(
$250 Ail(
Change in grade or
topography
$300 $250 Ail(
Vegetation removal of
cutting not associat-
ed with agric, uses
or maintenance of
landscape area
$300 $250 All.
Unauthorized construc-
tion of a new permanent
structure
$300 $250 Allc
Replacement of any
permanent structure
$300 $250 All
Any surface of sub-
surface discharge,
including but not
limited to, storm-
water runoff; drainage
of any roadway that
is maintained by the
DPW or private assoc.,
outlets of all drainage
swales, outlets of all
detention ponds
$300 $250 $20~
^^Note: Some of the identified activities require a special
Special permit requirements are explained within t
bylaw, Section 4.136.
Disch.
)ne
)wed
)wed
~wed
wed
)wed
,ermit.
his
Bo
Co
In the event of a violation of this Section or of an]
issued thereunder, the Director of Planning and Comml
Development or his or her agent may issue a stop work
the owner, the applicant or agent by certified mail
receipt requested, or by posting the same in a con
location on said site. Any person who shall viol
provisions of a stop work order shall be deemed in w
of the Section; but the failure of the Board to issu
work order for any reason shall not prevent the T¢
pursuing any other legal remedy at law or in eq
restrain violations of this Section and to secure col
with its orders.
The Town shall be the beneficiary of all fines impos~
account of the violation of this Section in order to
the expense of enforcing the same.
Upon request of the Director of Planning and C,
Development, the Board of Selectmen and Town Couns~
take such action as may be necessary to enforce this B
permits issued pursuant to it.
permit
[nity
)rder to
return
~picuous
mte the
.olation
a stop
wn from
~ity to
~liance
~.d on
defray
mmunity
shall
~law and
'REQ~JEsT 'FOR !!~IBE~,T~flON OF ARTICLE IN TIlE WARRAN'I' l, Utt ii,h, 19
20YCE ~A~$~i~NU~ TOWN ~ETINO
[[~ ~ (~,j~ ~ ~%~'~ J4 Da~: February 23 ,
Board o! Selectmen
Town Office Building
North An~lover, Massachusetts
Gentlemen:
It is hereby requested that the following Article be inserted in the Warrant for the 19
Andover Annual Town Meeting:
(AP.PROPRIATION Articl.' *: To see i/the Town will vote to raise and appro
ARTICLI~.) of $ , to be expended under the direction of. the
"for the purpose o!
Article Amendment to Zoning Bylaw-Section 4.136 Watershed Protectiofi Disi
To see if the Town will vote to amend Section 4.136 Watershed Protection
District of the Zoning Bylaw as follows to clarify and make consistent ti
existing language, re-order the existing paragraphs, eliminate undergrou]
throughout the Watershed, to allow restaurants connected to municipal se~
throughout the Watershed, to eliminate the ability to discharge domestic
dustrial wastewater by special permit in the non-discharge ~nd non-distu]
buffer zones, and to add the Watershed Council as a group that makes
recommendations to the Planning Board on permit applications in the Wate]
OR:
(OTHER)
Article.
*: TO see if theTown will vote to
(If Petitioner is a Town
Agency)
OR:
(If the insertion of the
proposed Article is et
the request o! "ten or
more registered voten
of the town" under G.
L. c. 39, s. 10)
*Leave blank; the Ar-
ticle number will be
later determined
**Insert the name of
the first signer of the
Petition of the
By:
Petition of -
Naroe
Planning Board
Richard Nardella' ~Or%~
Chairman
Street Address
f
North
,date the sum
:rict.
le
~d tanks
~er ·
or in-
,Dance '
'shed.
others
ARTI~.~ AMEND~ TO ZONING BYLAW - SECTION 4.136
PROTECTION DISTRICT. To see if the Town will vote
Section 4.136 Watershed Protection District of the
as follows to clarify and make consistent the existing
re-order the existing paragraphs, eliminate undergrou
throughout the Watershed, to allow restaurants conn
municipal sewer throughout the Watershed, to elimi
WATERSHED
to amend
Lng Bylaw
language,
nd tanks
ected to
~ate the
ability to discharge domestic or industrial wastewater
permit in the non-discharge and non-disturbance buffer
to add the Watershed Council as a group th~
recommendations to the Planning Board on permit applic
the Watershed:
4. 136
Watershed Protection District
1. Purpose
a o
The Watershed Protection District is herein es
as an overlay district and shall be superimpos
other districts established by this Zoning By
requirements enumerated hereafter for this
Protection District shall be in addition t
than in place of, the requirements of s~
districts.
b o
The Watershed Protection District surrou
Cochichewick, the Town's sole source of public
water supply. Regulations within the Dis'
intended to preserve the purity of the grou
the lake, and its tributaries; to maintain t
water table; and to maintain the filtrs
purification functions of the land; while
the natural environment; and protecting
health, safety and welfare.
C °
The Lake Cochichewick Watershed Plan (Augu
prepared by I.E.P., Inc., for the Town
Andover, is a comprehensive study of the la~
watershed. The Watershed Protection Dist~
portion of the I.E.P. study's recommended
plan. Copies of the I.E.P. report are availa]
Planning Board Office.
do
The Special Permit Granting Authority (SPGA)
Bylaw shall be the Planning Board.
2. Boundaries and Zones
The boundaries of the Watershed Protection Di
shown on the Zoning Map as set forth on a pla
"Subdrainage Areas", Lake Cochichewick Wate~
(August 1987), Attachment 1, dated Aug'
1
ky special
zones, and
.t makes
ations in
:ablished
ed on the
Law. The
~atershed
p, rather
[ch other
rids Lake
drinking
=rict are
nd water,
he ground
tion and
,onserving
~e public
~t 1987),
of North
.e and its
'ict is a
~anagement
~le in the
[nder this
~trict are
entitled
zshed Plan
~st 1985,
bo
prepared by I.E.P.. Inc. for the Town of North Andover.
This plan is hereby made a part of this Bylaw
file in the Office of the Town Clerk.
The Watershed Protection District shall be div
four zones. The uses and building require~
each zone will vary according to its proximit
Lake and wetland resource areas. The Zone:
follows:
General: There shall exist a General Zo]
the Watershed Protection District whi~
consist of all land located beyond fou~
(400) feet horizontally from the annual ~
water mark of Lake Cochichewick and ali
resource areas (as defined in M.G.L. Ch~
Section 40, and the Town Wetland Bylaw)
within the Watershed.
ii.
Non-Discharqe: There shall exist a Non-
Buffer Zone within the Watershed P
District which shall consist of all 1~
located between two hundred fifty (250)
four hundred (400) feet horizontally
annual mean high water mark of Lake Coc
and between one hundred fifty (150) feet
hundred (400) feet horizontally from the
all wetland resource areas (as defined ~
Chapter 131, Section 40, and the Town
Bylaw) located within the Watershed.
iii. Non-Disturbance: There shall exist
Disturbance Buffer Zone within the
Protection District which shall consis
land areas located between one hundred fi
feet and two hundred fifty (250) feet hot
from the annual mean high water mark
Cochichewick, and between seventy five
and one hundred fifty (150) feet horizont
the edge of all wetland resource areas (a
in M.G.L. Chapter 131, Section 40, and
Wetland Bylaw) located within the Watersi
iv.
Conservation: There shall exist a Con
Zone within the Watershed Protection
which shall consist of all land area~
wit.hin one hundred fifty (150) feet hoz
from the annual mean high water mark
Cochichewick, and within seventy five
horizontally from the edge of all wetland
areas (as defined in M.G.L. Chapter 131
40, and the Town Wetland Bylaw) located ~
~nd is on
[ded into
ents for
to the
are as
e within
:h shall
hundred
~ean high
wetland
)ter 131,
located
)ischarge
~otection
.nd areas
feet and
from the
.~ichewick
and four
edge of
.n M.G.L.
Wetland
a Non-
~atershed
of all
~ty (150)
zontally
of Lake
75) feet
~lly from
$ defined
the Town
~ed.
servation
District
located
izontally
of Lake
75) feet
resource
Section
~thin the
Watershed.
C o
do
e o
In the even5 that the SPGA determines, on the basis of
credible evidence before it, that there
significant doubt or dispute concerning tl
location of boundaries of the Watershed ~
District on any individual lot or lots, the S~
at the request of the owner of such lot or lot
a Registered Professional Engineer to advi
determining such boundaries. The owner ma]
request shall reimburse the SPGA for the cos
Engineer. Upon completion of the Engineer's
the SPGA, the SPGA shall hold a hearing to mak
determination of such boundaries. At such
such report shall be deemed evidence suffJ
establish the location of the boundary unless
by credible evidence to the contrary.
When the Watershed Protection District boundaz
a lot of record as of June 28, 1978, in one c
that portion of the lot within the Watershed ~
District must comply with this Bylaw. ~
premises are partially outside of the
Protection District, potential pollution sou
as on-site waste disposal systems, shall b
outside of the District to the extent feasible
The provisions relating to the Conservation
not apply to any activities undertaken by th
of Public Works.
The provisions relating to the establishmer
Conservation Zone and the enlargement of
Disturbance Zone and the Non-Disturbance Zc
only apply to lots recorded or registered
date of the enactment of this amendment (Oc
1994). (1994/1STM) .
Table 1 - Lots created after October 24, 1994
From Annual High
Water Mark of
Lake Cochichewick
out to
From Edge of Ail
Wetland Resource
Non- Non-
Disturbance Disch~
Conservation
150' 250' 400'
exists a
.e proper
rotection
GA shall,
s, engage
~e it in
ling such
of such
report to
e a final
hearing,
.cient to
rebutted
y divides
wnership,
rotection
~ere the
Watershed
~ces such
e located
one shall
Division
of the
the Non-
yes shall
after the
tober 24,
Lrqe
Areas Within the
Watershed District
OUE to
75' 150' 400'
Table 2 - Lots created on or prior to October 24, 1994
Non- Non-
Disturbance Discharqe
From Annual High
Water Mark of
Lake Cochichewick
out to
250' 325'
From Edge of Ail
Wetland Resource
Areas Within the
Watershed District
out to
100' 325'
o
Uses and Building Requirements
a. General Zone
There shall exist a General Zone within the
Protection District which shall consist of all la~
beyond four hundred (400) feet horizontally from t
mean high water mark of Lake Cochichewick and ali
resource areas (as defined in M.G.L. Chapter 131
40, and the Town Wetland Bylaw) located wi'
Watershed.
Allowed Uses: The following uses shall b
in the General Zone of the Watershed P
District as itemized below:
All permitted uses allowed in Sect~
"Permitted Uses Residence 1, 2
District" of the Zoning Bylaw.
(2)
Ail uses associated with municip
supply/treatment and public sewer pr
the Town of North Andover.
~atershed
located
· e annual
wetland
Section
zhin the
allowed
rotection
on 4.121
and 3
water
~vided by
4
(3
The Division of Public Works
routine maintenance of any existi~
property, including the mainten
improvements of existing road%
drainage systems.
(4
Maintenance of fire access lanes by
Department.
(5
Ail agricultural uses, providing
usesexercise' Best Management Prac
be undertaken in such a manner as
erosion and siltation of adjace
bodies and wetlands.
ii.
Uses Allowed by Special Permit: The
uses may be allowed in the General ZoI
Watershed Protection District by the gran
Special Permit issued pursuant to Sectiom
Watershed Protection District Bylaw:
(i)
Golf courses, public or private
Management Practices.
(2)
Any other use not provided for ell
this Section.
(3) A commercial kitchen on public sewez
iii. Prohibited Uses: The following l
specifically prohibited within the Genera
the Watershed Protection District:
(i)
Any solid waste facility as defined
Chapter 111, Section 150A.
(2
Municipal sewage treatment facil
including sewer lines, pump stat
other accessory sewer system equip'
to transport sewage to a treatment
located outside of the District.
(3 Privately owned waste water treatme~
Road salt or other deicing stockpile
(5
Underground tanks or collection
storage of fuel or hazardous
including any tanks or collect
partially below mean ground elew
excluding any tanks located complete
5
conduct
use of
ance and
Tays and
the Fire
hat such
zices and
o prevent
nt water
following
Le of the
ting of a
4 of the
'ith Best
~where in
[ses are
1 Zone of
by M.G.L.
ity, not
ions and
nent used
facility
t plants.
S.
pits for
materials
ion pits
Ltion but
ly within
(6
(8
building otherwise permitted under this
a
Section.
Dumping of snow from outside the District.
Motor vehicle salvage operations and junk
yards.
Car washes.
Self-service laundries, unless conr.ected to
public sewer.
?vice and
~to body
10 Airplanes, boat, or motor vehicle se~
repair establishments (including
shops ) .
11) Metal plating, finishing or polishinc
12) Chemical and bacteriological laborat
(13) Electronic circuit assembly.
(14) Hotels, or motels, unless connected
sewer.
(15) Painting, wood preserving and
stripping establishments.
(16) Photographic processing establishmen
17) Printing establishments.
18) Dry Cleaning establishments.
19) Storage of herbicides, pestic
fertilizers, other than in amounts
associated with household or
agricultural use.
20) Commercial cabinet or furniture maki]
rles.
public
!urniture
ides or
normally
~xisting
21) Commercial storage or sale of petroleum or
other refined petroleum.
22) Commercial manufacture, storag,
transportation or disposal of any
of such physical, chemical or i
characteristics as to pose a sigr
actual or potential, hazard
supplies, or other hazard to human he
such substance or mixture were dj
use,
ubstance
.fectious
ificant,
water
:alth if
scharged
but not limited to organic c
petroleum products, heavy metals, rs
or infectious waste, acids, and alk
all substances defined as Toxic or
under M.G.L. Chapter 21C and Chapte
the regulations promulgated thereu]
also including pesticides, he]
solvents and thinners.
onto land or waters of this Town, including
hemicals,
dioactive
alia, and
Hazardous
r 21E and
lder, and
'bicides,
(23) Restaurants unless connected to publ
iv.
(24) Commercial kitchens
public sewer.
unless corm
Building Requirements: All constructic
Watershed Protection District shall cOl
best management practices for erosion, s
and stormwater control in order to pre:
purity of the ground water and the
maintain the ground water table; and to
the filtration and purification functio~
land.
b. Non-Discharge Buffer Zone
There shall exist a Non-Discharge Buffer Zone wl
Watershed Protection District which shall consis
land areas located between two hundred fifty (250)
four hundred (400) feet horizontally from the an~
high water mark of Lake Cochichewick and between on
fifty (150) feet and four hundred (400) feet hoz
from the edge of all wetland resource areas (as d
M.G.L. Chapter 131, Section 40, and the Town Wetla
located within the Watershed.
Allowed Uses: All of the Allowed Uses
Section 3(a)(i) of this Watershed ~
District Bylaw are allowed in the Non-
Buffer Zone except as noted below:
Uses Allowed by Special Permit: The
activities may be allowed within the Non-
Buffer Zone only by the granting of
Permit issued pursuant to Section 4
Watershed Protection District Bylaw:
Any surface or sub-surface d
including but not limited to, st(
runoff; drainage of any roadway
maintained by the Division of Public
any private association; outlets
7
ii.
(i)
lc sewer.
acted to
n in the
~ly with
iltation,
serve the
lake; to
maintain
Ls of the
Lthin the
t of all
feet and
~ual mean
e hundred
izontally
mfined in
nd Bylaw)
listed in
rotection
Discharge
following
Discharge
Special
of this
scharge,
)tm water
that is
Works or
of all
drainage swales; outlets of all
ponds. Ail storm water management
shall employ Best Management Practic
iii. Prohibited Uses: The following u
specifically prohibited within the Non-
Buffer Zone:
(i)
All of the Prohibited Uses listed i
3(c) (iii) of this Watershed P
District Bylaw are prohibited in
Discharge Zone.
(2)
The use, or method of application
lawn care or garden product (fe
pesticide, herbicide) that may cont
the degradation of the public water
(3)
The use of lawn care or garden prod
are not organic or slow-release nitr
iv.
Building Requirements: All constructic
Watershed Protection District shall co~
best management practices for erosion, s
and stormwater control in order to pre~
purity of the ground water and the
maintain the ground water table; and to
the filtration and purification functiol
land.
c. Non-Disturbance Buffer Zone
There shall exist a Non-Disturbance Buffer Zone w
Watershed Protection District which shall consis
land areas located between one hundred fifty (150)
two hundred fifty (250) feet horizontally from t
mean high water mark of Lake Cochichewick, an(
seventy five (75) feet and one hundred fifty (i
horizontally from the edge of all wetland resource
defined in M.G.L. Chapter 131, Section 40, and
Wetland Bylaw) located within the Watershed.
Allowed Uses: All of the Allowed Uses
Section 3(a)(i) of this Watershed ~
District Bylaw are allowed in the Non-DJ
Zone except as noted below.
ii.
Uses Allowed by Special Permit: The
uses shall be allowed within the Non-DJ
Buffer Zone only by Special Permit issue(
to Section 4 of this Watershed Protectiol
Bylaw:
Jetention
· systems
sea are
Discharge
· Section
rotection
the Non-
of, any
rtilizer,
ribute to
supply.
ucts that
ogen.
n in the
ply with
iltation,
~erve the
lake; to
maintain
is of the
ithin the
t of all
feet and
he annual
between
.50) feet
areas (as
the Town
listed in
rotection
sturbance
following
sturbance
pursuant
District
(i)
Any activities which
topography or grade.
cause a
(2
Vegetation removal or cutting, oth~
connection with agricultural
maintenance of a landscape area.
(3
Construction of a new permanent
only after a variance has been grant
Zoning Board of Appeals.
(4 Replacement of any permanent structt
(5
Any surface or sub-surface d
including but not limited to, ~
runoff; drainage of any roadway
maintained by the Division of Public
any private association; outlets
drainage swales; outlets of all
ponds.
(6)
Construction of any accessory str
expansion of any existing structur
than twenty five (25) percent of
floor area of the existing
(1994/1STM)
iii. Prohibited Uses: The following
specifically prohibited within the Non-£
Buffer Zone:
Ail of the Prohibited Uses listed
3(c) (iii) of this Watershed
District Bylaw are prohibited in
Discharge Zone.
(2 Construction of any septic system.
COnstruction of any new permanent
or expansion of an existing st~
twenty-five (25) percent or more of
floor area of the existing structur~
(4)
The use, or method of applicatio]
lawn care or garden product (f.
pesticide, herbicide) that may conl
the degradation of the public water
(5)
The use of lawn care or garden pro,
are not organic or slow-release nitl
9
hange in
r than in
uses or
structure
.ed by the
.re.
Lscharge,
tormwater
that is
Works or
of all
detention
lcture or
e by less
the gross
tructure.
lses are
.sturbance
Ln Section
,rotection
the Non-
~tructure,
~cture by
the gross
of, any
~rtilizer,
:ribute to
supply.
tucts that
rogen.
do
iv. Building Requirements: All constructi~ in the
Watershed Protection District shall co~
best management practices for erosion, ~
and stormwater control in order to pre
purity of the ground water and the
maintain the ground water table; and to
the filtration and purification functio]
land.
Conservation Zone
There shall exist a Conservation Zone w~
Watershed Protection District which shall cl
all land areas located within one hundred fi
feet horizontally from the annual mean high w
of Lake Cochichewick, and within seventy five
horizontally from the edge of all wetland
areas (as defined in M.G.L. Chapter 131, Se
and the Town Wetland Bylaw) located wi
Watershed.
Allowed Uses: The following uses shall k
in the Conservation Zone of the
Protection District except as noted belo~
1)
Ail uses associated with municiu
supply/treatment and public sewer pz
the Town of North Andover.
~ply with
iltation,
serve the
lake; to
maintain
Is of the
~hin the
)nsist of
fty (150)
ater mark
(75) feet
resource
2tion 40,
thin the
e allowed
Watershed
:
al water
ovided by
2)
The Division of Public Works may conduct
routine maintenance of any existing use of
property, including the maintenance and
improvements of existing roadWays and
drainage systems.
3)
Maintenance of fire access lanes by the Fire
Department.
ii.
Uses Allowed by Special Permit: No
Permits will be granted in the Conservati
iii. Prohibited Uses: The following ~
specifically prohibited within the Con
Zone:
(1)
All of the Prohibited Uses listed i
3(c)(iii) of this Watershed P~
District Bylaw are prohibited in
Discharge Zone.
(2)
Any activities which
topography or grade;
cause a c
10
Special
Dn Zone.
ses are
servation
~ Section
~otection
the Non-
lange in
(3
Vegetation removal or cutting, oth~
connection with existing agricultur~
maintenance of an existing landscap~
(4
Construction or placement
permanent structures;
of
(5
Any surface or subsurface
including, but not limited to,
runo f f;
(6 Animal feedlots or the storage of m
(7) Construction of any septic system.
(8)
Construction of any accessory str
expansmon of an existing structure
twenty-five (25) percent or more of
floor area of the existing structur~
(9)
The use, or method of applicatior
lawn care or garden product (f~
pesticide, herbicide) that may cont
the degradation of the public water
(10) The use of lawn care or garden proc
are not organic or slow-release nit:
The above prohibitions shall not appl5
activities undertaken by the Division of Put
within its authority or to work comp
conjunction with the construction of the
sewer system. (1994/1STM)
Special Permit Requirements
a o
Nine (9) copies of an application for a Spec~
under this Section shall be filed with
Special Permits shall be granted if the SPGA
that the intent of the Bylaw, as well as it
criteria, are met. In making such determir
SPGA shall give consideration to si
reliability, and feasibility of the control
proposed and the degree of threat to ware
which would result if the control measures fa
b o
Upon receipt of a Special Permit Application
shall transmit one (1) copy of each to the Di
Public Works, Fire Chief, Title III Committee
of Planning and Community Development, Co~
Commission, the Board of Health, and the
11
than in
uses or
area;
any new
rainage,
:tormwater
Lnure;
lcture or
~y
the gross
of, any
rtilizer,
ribute to
supply.
[ucts that
?ogen.
to any
lic Works
leted in
municipal
Lal Permit
Zhe SPGA.
~etermines
specific
ation the
nplicity,
measures
r quality
[led.
the SPGA
Lvision of
, Division
~servation
Watershed
Council for their written recommendations. ~
respond zn writing within thirty (30) d
indicate approval or no desire to comment
agency.
An application for a Special Permit under th]
shall include the following information:
Application Form for a Special Permit
Planning Board.
ii.
Map on a scale of one (1) inch equals
feet prepared by a Registered Pre
Engineer or Surveyor showing:
(1)
the annual mean high water mark
Cochichewick (if annual mean high ~
is within four hundred (400) fee
proposed activity,
(2)
the edge of all wetland resource
confirmed by the Conservation Commi
edge of wetland resource area is wi
hundred (400) feet of any proposed
(3) the conservation zone,
(4) the non-disturbance zone,
(5) the non-discharge zone,
(6)
the edge of vegetation clearing
work) .
iii. Written certification by a Registered Pr
Engineer, or other scientist educate(
possessing extensive experience in the ~
hydrology and hydrogeology, stating t
will not be any significant degradati(
quality or quantity of water in or ent(
Cochichewick.
iv.
Proof that there is no reasonable al
location outside the Non-Disturbance ar
Discharge Buffer Zones, whichever is a
for any discharge, structure, or
associated with the proposed use
(1994/38)
Evidence of approval by the Mass.
Environmental Protection (DEP) of any
waste water treatment or disposal syst
12
'ailure to
Lys shall
by said
s Section
from the
orty (40)
,fessional
of Lake
ater mark
t of any
areas, as
ssion {if
thin four
.ctivity) ,
(edge of
,fessional
in and
~ience of
Nat there
)n of the
~ring Lake
_ternative
d/or Non-
)plicable,
activity,
:o occur.
Dept. of
industrial
~m or any
do
f o
g°
waste water treatment of system fifteer
(15,000) gallons per day capacity.
vi.
Evidence that all on-site operations
but not limited to, construction, wa
disposal, fertilizer applications
systems will not create concentrations
in groundwater, greater than the Federa[
the downgradient property boundary.
vii. Projections of downgradient concentr~
nitrogen, phosphorus and other relevant
at property boundaries and other locati¢
pertinent by the SPGA.
The SPGA may also require that supporting ma~
prepared by other professionals including,
limited to, a registered architect, r
landscape architect, registered land
registered sanitarian, biologist, geol
hydrologist when in its judgement the complex~
proposed work warrants the relevant
expertise.
Special Permits under this Section shall
thousand
.ncluding,
~te water
septic
Nitrogen
limit at
tions of
chemicals
~ns deemed
~erials be
but not
egistered
surveyor,
Dgist or
.ty of the
specified
e granted
only if the SPGA determines, after the time ~f comment
by other Town agencies as specified above ha~ elapsed,
that, as a result of the proposed use in cQnjunction
with other uses nearby, there will no~ be any
significant degradation of the quality or q~antity of
water in or entering Lake Cochichewick.
Any Special Permit issued under this Section
permanent structure (other than an accessory
or expansion that is less than twenty five (2
gross floor area of a structure) or a sept
shall require that such structure or
constructed outside the Non-Disturbance Buffe
Within the Non-Disturbance Zone and Non
Buffer Zone, any runoff from impervious surfa
to the extent possible, be recharged on
diverted toward areas covered with veget
surface infiltration. Where on site recha~
feasible due to soil or other natural conditi
mitigating measures such as sedimentation pon
berms, or restoring wetlands, shall be used
other methods are not feasible and after a]
the Board of Health, Building Inspector
Division of Public Works to assure that ti
used for on site infiltration and/or othe]
shall remain effective.
13
for a new
structure
5%) of the
~lc system
3ystem be
r Zone.
]Discharge
~es shall,
site and
~tion for
ge is not
0ns, other
~s, filter
Dnly where
)proval by
and the
le methods
measures
o
o
ho
dissolved materials. For operations which
evaporation of toxic materials into the interi
structure a closed vapor system shall be pro
each structure to prevent discharge or con
condensate into the groundwater.
Provisions shall be made to protect against toxic or
hazardous material discharge or loss resulting from
corrosion, accidennal damage, spillage or yandalism
through measures such as spill control provisions in
the vicinity of chemical or fuel deliver~ points;
secured storage areas for toxic or hazardous m~terials,
and indoor storage provisions for corrodible or
Lllow the
Dr of any
tided for
5aminated
For any toxic or hazardous waste to be pre
quantities greater than those associated wit
household use, the applicant must demonst
availability and feasibility of disposal meth,
are in conformance with M.G.L. Chapter 21C.
Violations
Written Notice of any violation of this Bylaw
provided by the SPGA agent to the owner of the
specifying the nature of the violation. The age]
SPGA shall request of the violator a schedule of co'
including cleanup of spilled materials, Such sched
allow for the immediate corrective action to ta~
This compliance schedule must be reasonable in re[
the public health hazard involved and the diffJ
compliance. In no event shall more than thirty (30
allowed for either compliance or finalization of a
longer term of compliance. Said schedule of c
shall be submitted to the SPGA for approval subs~
the violation. Said agent of the SPGA shall nc
Building Inspector of any violations of the Scl
compliance or of any failure to satisfy the requir,
this paragraph.
Severability
In any portion, sentence, clause or phase of this r
shall be held invalid for any reason, the remainde
Bylaw shall continue in full force.
~duced in
h normal
~ate the
)ds which
shall be
premises
.t of the
npliance,
~le shall
~e place.
_ation to
culty of
) days be
plan for
pmpliance
~quent to
~tify the
.edule of
~ments of
~gulation
of this
Watershed.120.2
14
ARTICLE AMENDMENT TO ZONING BYLAW - SECTION 4.136 WATERSHED PRO'E
DISTRICT. To see if the Town will vote to amend Section 4.136 Watershed Protection District of th~
Bylaw as follows:
a. eliminate underground tanks throughout the Watershed,
b. to allow restaurants connected to the municipal sewer throughout the Watershed,
Co
to eliminate the discharge of domestic or industrial in the non-discharge and non-disturbant
zones,
to add the Watershed Council as a group that makes recommendations to the Planning Board c
applications in the Watershed (Note: the Watershed Council consists of the Planning, Cons
Health, Public Works, and Watertreatment Plant Staff)
e. to clarify and make consistent the existing language, re-order the existing paragraphs,
4.136 Watershed Protection District
1. Purpose
The Watershed Protection District is herein established as an overlay district and
superimposed on the other districts established by this Zoning Bylaw. The requ
enumerated hereafter for this Watershed Protection District shall be in addition to, ral
in place of, the requirements of such other districts.
bo
The Watershed Protection District surrounds Lake Cochichewick, the Town's sole
public drinking water supply. Regulations within the District are intended to pre
purity of the ground water, the lake, and its tributaries; to maintain the ground wa
and to maintain the filtration and purification functions of the land; while conse
natural environment; and protecting the public health, safety and welfare.
Co
The Lake Cochichewick Watershed Plan (August 1987), prepared by I.E.P., Inc., for
of North Andover, is a comprehensive study of the lake and its watershed. The ¢
Protection District is a portion of the I.E.P. study's recommended management plan
of the I.E.P. report are available in the Planning Board Office.
d. The Special Permit Granting Authority (SPGA) under this Bylaw shall be the Planni~
2. Boundaries and Zones
ao
The boundaries of the Watershed Protection District are shown on the Zoning Map as
on a plan entitled "Subdrainage Areas", Lake Cochichewick Watershed Plan (Augt
Attachment 1, dated August 1985, prepared by I.E.P.. Inc. for the Town of North
This plan is hereby made a part of this Bylaw and is on file in the Office of the To,
The Watershed Protection District shall be divided into four zones. The uses and
requirements for each zone will vary according to its proximity to the Lake ani
resource areas. The Zones are as follows:
General: There shall exist a General Zone within the Watershed ProtectioJ
which shall consist of ali land located beyond four hundred (400) feet ho]
from the annual mean high water mark of Lake Cochichewick and all
CTION
Zoning
buffer
n permit
:rvation,
shall be
[rements
her than
ource of
erve the
ret table;
Mng the
:he Town
'atershed
Copies
g Board.
set forth
st 1987),
Andover.
vn Clerk.
building
wetland
District
izontally
wetland
Co
resource areas (as defined in M.G.L. Chapter 131, Section 40, and the Town
Bylaw) located within the Watershed.
ii.
Non-Discharge: There shall exist a Non-Discharge Buffer Zone within the W
Protection District which shall consist of all land areas located between two
fifty (250) feet and four hundred (400) feet horizontally from the annual m
water mark of Lake Cochichewick and between one hundred fifty (150) feet
hundred (400) feet horizontally from the edge of all wetland resource areas (a;
in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) located w
Watershed.
iii.
iv.
Non-Disturbance: There shall exist a Non-Disturbance Buffer Zone w
Watershed Protection District which shall consist of all land areas located be!
hundred fifty (150) feet and two hundred fifty (250) feet horizontally from tl
mean high water mark of Lake Cochichewick, and between seventy five (75)
one hundred fifty (150) feet horizontally from the edge of all wetland resou
(as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Byla~
within the Watershed.
Conservation: There shall exist a Conservation Zone within the Watershed P
District which shall consist of all land areas located within one hundred fifty 1
horizontally from the annual mean high water mark of Lake Cochichewick, a
seventy five (75) feet horizontally from the edge of all wetland resource
defined in M.G.L. Chapter 131, Section .40, and the Town Wetland Bylaw
within the Watershed.
In the event that the SPGA determines, on the basis of credible evidence before it, t
exists a significant doubt or dispute concerning the proper location of boundari~
Wetland
atershed
hundred
:an high
and four
; defined
ithin the
thin the
ween one
~e annual
feet and
roe areas
located
tectlon
150) feet
ad within
treas (as
located
tat there
:s of the
:quest of
Watershed Protection District on any individual lot or lots, the SPGA shall, at the r
the owner of such lot or lots, engage a Registered Professional Engineer to ad'__~ise it in
determining such boundaries. The owner making such request shall reimburse the ~PGA
for
the cost of such Engineer. Upon completion of the Engineer's report to the SPGA, t~e SPGA
shall hold a hearing to make a final determination of such boundaries. At such hea~ing, such
report shall be deemed evidence sufficient to establish the location of the bounda~ unless
rebutted by credible evidence to the contrary.
When the Watershed Protection District boundary divides a lot of record as of June
in one ownership, that portion of the lot within the Watershed Protection Dist
comply with this Bylaw. Where the premises are partially outside of the Watershed l
District, potential pollution sources such as on-site waste disposal systems, shall
outside of the District to the extent feasible.
The provisions relating to the Conservation Zone shall not apply to any activities
by the Division of Public Works.
The provisions relating to the establishment of the Conservation Zone and the enlar1
the Non-Disturbance Zone and the Non-Disturbance Zones shall only apply to lots
or registered after the date of the enactment of this amendment (October
(1994/1STM).
Table 1 - Lots created after October 24~ 1994
28, 1978,
~ict must
'rotection
e located
~dertaken
;ement of
recorded
,4, 1994).
From AnnualHigh
WaterMark of
Lake Cochichewick
out to 150'
From Edge of AH
Wetland Resource
Areas Within the
Watershed District
out to
Conservation Non-
250' 400'
75' 150'
Disturbance
Non -
Discharge
Table 2. Lots created on or prior to October 24, 1994
Non-
Disturbance
From AnnualHigh
WaterMark of
Lake Cochichewick
out to
250' 325'
From Edge of All
Wetland Resource
Areas Within the
Watershed District
out to
100' 325'
Non-
,Discharge
Uses and Building Requirements
a. General Zone
There shall exist a General Zone within the Watershed Protection District which shall con
land located beyond four hundred (400) feet horizontally from the annual mean high wate~
Lake Cochichewick and all wetland resource areas (as defined in M.G.L. Chapter 131, Sectic
the Town Wetland Bylaw) located within the Watershed.
Allowed Uses: The following uses shall be allowed in the General Zo
Watershed Protection District as itemized below:
(1)
All permitted uses allowed in Section 4.121 "Permitted Uses Resid
and 3 District" of the Zoning Bylaw.
[st of all
' mark of
n 40, and
~e of the
ence 1, 2,
ii.
iii.
(2)
(3)
All uses associated with municipal water supply/treatment and pul?lie sewer
provided by the Town of North Andover.
The Division of Public Works may conduct routine maintenanqe of any
existing use of property, including the maintenance and improvements of
existing roadways and drainage systems.
(4) Maintenance of fire access lanes by the Fire Department.
(5) All agricultural uses, providing that such uses exercise Best Mm
Practices and be undertaken in such a manner as to prevent err
siltation of adjacent water bodies and wetlands.
.Uses Allowed by Special Permit: The following uses may be allowed in the
Zone of the Watershed Protection District by the granting of a Special Pen
pursuant to Section 4 of the Watershed Protection District Bylaw.'
(1) Golf courses, public or private with Best Management Practices.
(2) Any other use not provided for elsewhere in this Section.
(3) A commercial kitchen on public sewer.
Prohibited Uses: The following uses are specifically prohibited within th
Zone of the Watershed Protection District:
O)
(3)
(4)
(5)
Any solid waste facility as defined by M.G.L. Chapter 111, Section
Municipal sewage treatment facility, not including sewer lines, pure
and other accessory sewer system equipment used to transport se'
treatment facility located outside of the District.
Privately owned waste water treatment plants.
Road salt or other deicing stockpiles.
Underground tanks or collection pits for storage of fuel or
materials including any tanks or collection pits partially below me
elevation but excluding any tanks located completely within
otherwise permitted under this Section.
Dumping of snow from outside the District.
Motor vehicle salvage operations and junk yards.
Car washes.
Self-service laundries, unless connected to public sewer.
Airplanes, boat, or motor vehicle service and repair establishments
auto body shops).
(6)
(7)
(8)
(9)
(10)
tagement
sion and
General
tit issued
General
150A.
D stations
~,age to a
tazardous
m ground
building
iinduding
i
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(19)
(20)
(21)
(22)
all substances defined as Toxic or Hazardous under M.G.L. Chapte
Chapter 21E and the regulations promulgated thereunder, and also
pesticides, herbicides, solvents and thinners.
Metal plating, finishing or polishing.
Chemical and bacteriological laboratories.
Electronic circuit assembly.
Hotels, or motels, unless connected to public sewer.
Painting, wood preserving and furniture stripping establishments.
Photographic processing establishments.
Printing establishments.
Dry Cleaning establishments.
Storage of herbicides, pesticides or fertilizers, other than in amounts normally
assodated with household or existing agricultural use.
Commercial cabinet or furniture making.
Commercial storage or sale of petroleum or other refined petroleum.
!
Commercial manufacture, storage, use, transportation or disposal of any
substance of such physical, chemical or infectious characteristics as[to pose a
significant, actual or potential, hazard to water supplies, or other.~azard to
human health if such substance or mixture were discharged ont ~ land or
waters of this Town, including but not limited to organic chemicals, I~etroleum
products, heavy metals, radioactive or infectious waste, acids, and al kalis, and
: 21C and
including
iv.
(23) Restaurants unless connected to public sewer.
(24) Commercial kitchens unless connected to public sewer.
Building Reo_uirements: All construction in the Watershed Protection Dis~
comply with best management practices for erosion, siltation, and stormwat
in order to preserve the purity of the ground water and the lake; to mai
ground water table; and to maintain the filtration and purification functi~
land.
b. Non-Discharge Buffer Zone
There shall exist a Non-Discharge Buffer Zone within the Watershed Protection District wi
consist of all land areas located between two hundred fifty (250) feet and four hundred
horizontally from the annual mean high water mark of Lake Cochichewick and between on,
fifty (150) feet and four hundred (400) feet horizontally from the edge of all wetland resource
defined in M.G.L. Chapter 13I, Section 40, and the Town Wetland Bylaw) located
Watershed.
rict shall
control
ntain the
~ns of the
dch shall
1400) feet
hundred
areas (as
~ithin the
i. Allowed Uses: All of the Allowed Uses listed in Section 3(a)(i) of this Watershed
Protection District Bylaw are allowed in the Non-Discharge Buffer Zone 9xcept as
noted below: 1
ii. ,Uses Allowed by Special Permit: The following activities may be allowed vfithin the
Non-Discharge Buffer Zone only by the granting of a Special Permit issued ~ursuant
to Section 4 of this Watershed Protection District Bylaw:
(1) Any surface or sub-surface discharge, including but not limited to, stcm water
runoff; drainage of any roadway that is maintained by the Division of Public
Works or any private association; outlets of all drainage swales; out .ets of all
detention ponds. All storm water management systems shall em ~loy Best
Management Practices.
iii. Prohibited Uses: The following uses are specifically prohibited within he Non-
Discharge Buffer Zone:
(1) Ail of the Prohibited Uses listed in Section 3(c)(iii) of this Vratershed
Protection District Bylaw are prohibited in the Non-Discharge Zo ac.
(2) The use, or method of application of, any lawn care or garde~t product
(fertilizer, pesticide, herbicide) that may contribute to the degradat .on of the
public water supply.
(3) The use of lawn care or garden products that are not organic or sic ~v-release
nitrogen.
iv. Building Requirements: All construction in the Watershed Protection Dis~ rict shall
complywith best management practices for erosion, siltation, and stormwat, ~'r control
in order to preserve the purity of the ground water and the lake; to mai ntain the
ground water table; and to maintain the filtration and purification functi~,ns of the
land.
c. Non-Disturbance Buffer Zone
There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection District w] rich shall
consist of all land areas located between one hundred fifty (150) feet and two hundred fifty ~50) feet
horizontally from the annual mean high water mark of Lake Cochichewick, and between se enty five
(75) feet and one hundred filly (150) feet horizontally from the edge of all wetland resource areas (as
defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) located ~ithin the
Watershed.
i. Allowed Uses: All of the Allowed Uses listed in Section 3(a)(i) of this Tatershed
Protection District Bylaw are allowed in the Non-Disturbance Zone exce as noted
below.
ii. Uses Allowed by Special Permit: The following uses shall be allowed withi~ the Non-
Disturbance Buffer Zone only by Special Permit issued pursuant to Sectio~ 4 of this
Watershed Protection District Bylaw:
(1) Any activities which cause a change in topography or grade.
6
do
(2)
Vegetation removal or cutting, other than in connection with agricul~
or maintenance of a landscape area.
(3)
Construction of a new permanent structure only after a variance
granted by the Zoning Board of Appeals.
(4) Replacement of any permanent structure.
(5)
Any surface or sub-surface discharge, including but not limited to, st~
runoff; drainage of any roadway that is maintained by the Division
Works or any private association; outlets of all drainage swales; out
detention ponds.
(6)
Construction of any accessory structure or expansion of any existing
by less than twenty five (25) percent of the gross floor area of th~
structure. (1994/1STM)
iii.
Prohibited U~es: The following uses are specifically prohibited within
Disturbance Buffer Zone:
(1)
All of the Prohibited Uses listed in Section 3(c)(iii) of this V
Protection District Bylaw are prohibited in the Non.Discharge Zo
(2) Construction of any septic system.
(3)
Construction of any new permanent structure, or expansion of a
structure by twenty.five (25) percent or more of the gross floor m
existing structure.
(4)
The use, or method of application of, any lawn care or gardet
(fertilizer, pesticide, herbicide) that may contribute to the degrada!
public water supply.
(5)
The use of lawn care or garden products that are not organic or sh
nitrogen.
iv.
Buildimt Requirements: All construction in the Watershed Protection Dis~
comply with best management practices for erosion, siltation, and stormwat
in order to preserve the purity of the ground water and the lake; to mai
ground water table; and to maintain the filtration and purification funcfil
land.
Conservation Zone
There shall exist a Conservation Zone within the Watershed Protection District ~
consist of all land areas located within one hundred fifty (150) feet horizontally from
mean high water mark of Lake Cochichewick, and within seventy five (75) feet hz
from the edge of all wetland resource areas (as defined in M.G.L. Chapter 131, Secti~
the Town Wetland Bylaw) located within the Watershed.
Allowed Uses: The following uses shall be allowed in the Conservation Z,
Watershed Protection District except as noted below:
uraluses
has been
~rmwater
of Public
lets of all
structure
existing
ae Non-
~atershed
existing
:a of the
product
on of the
w~release
:rict shall
control
ntain the
~ns of the
hich shall
he annual
,rizontally
~n 40, and
~ne of the
e
O)
(2)
(3)
ii. .Uses AlloWed. by Special. Permit:
Conservation Zone.
All uses associated with municipal water supply/treatment and pul?lic sewer
provided by the Town of North Andover.
The Division of Public Works may conduct routine maintenance of any
existing use of property, including the maintenance and improvements of
existing roadways and drainage systems.
Maintenance of fire access lanes by the Fire Department.
No Special Permits will be grante in the
iii. ,Prohibited Uses: The following uses are specifically prohibited w
Conservation Zone:
(2)
(3)
thin the
Sl~ecial Permit Requirements
The above prohibitions shall not apply to any activities undertaken by the Division
Works within its authority or to work completed in conjunction with the construct
municipal sewer system. (1994/1STM)
(lO)
(6)
(7)
(8)
(9)
Nine (9) copies of an application for a Special Permit under this Section shall be file
SPGA. Special Permits shall be granted if the SPGA determines that the intent of~
as well as its specific criteria, are met.
(4)
(5)
All of the Prohibited Uses listed in Section 3(c)(iii) of this ¥ratershed
Protection District Bylaw are prohibited in the Non-Discharge Zo ac.
Any activities which cause a change in topography or grade;
Vegetation removal or cutting, other than in connection wifl existing
agricultural uses or maintenance of an existing landscape area;
Construction or placement of any new permanent structures;
Any surface or subsurface drainage, including, but not limited to, st ~rmwater
runoff;
Animal feedlots or the storage of manure;
Construction of any septic system.
Construction of any accessory structure or expansion of an existing structure
by twenty4ive (25) percent or more of the gross floor area of the
existing structure, en
The use, or method of application of, any lawn care or gard product
(fertilizer, pesticide, herbicide) that may contribute to the degradation of the
public water supply.
The use of lawn care or garden products that are not organic or sk,w-release
nitrogen.
of Public
ton of the
d with the
he Bylaw,
In making such determination the SPGA shall give
bo
Co
consideration to simplicity, reliability, and feasibility of the control measures propose.
degree of threat to water quality which would result if the control measures failed.
Upon receipt of a Special Permit Application, the SPGA shall transmit one (1) cop
to the Division of Public Works, Fire Chief, Title III Committee, Division of Plan
Community Development, Conservation Commission, the Board of Health, and the ~
Council for their written recommendations. Failure to respond in writing within thirt
shall indicate approval or no desire to comment by said agency.
An application for a Special Permit under this Section shall include the following in
i. Application Form for a Special Permit from the Planning Board.
ii. Map on a scale of one (1) inch equals forty (40) feet prepared by a 1~
Professional Engineer or Surveyor showing:
(1) the annual mean high water mark of Lake Cochichewick (if annual t
water mark is within four hundred (400) feet of any proposed acfi
(2) the edge of all wetland resource areas, as confirmed by the Cot
Commission (if edge of wetland resource area is within four hund
feet of any proposed activity),
(3) the conservation zone,
(4) the non-disturbance zone,
(5) the non-discharge zone,
(6) the edge of vegetation clearing (edge of work).
iii. Written certification by a Registered Professional Engineer, or other scientisl
in and possessing extensive experience in the science of hydrology and hyd~
stating that there will not be any significant degradation of the quality or
water in or entering Lake Cochichewick.
iv. Proof that there is no reasonable alternative location outside the Non-E
and/or Non-Discharge Buffer Zones, whichever is applicable, for any
structure, or activity, associated with the proposed use to occur. (1994/38)
v. Evidence of approval by the Mass. Dept. of Environmental Protection (DI:
industrial waste water treatment or disposal system or any waste water tre
system fifteen thousand (15,000) gallons per day capacity.
vi. Evidence that all on-site operations including, but not limited to, construct
water disposal, fertilizer applications and septic systems will not create conc
of Nitrogen in groundwater, greater than the Federal limit at the do,
property boundary.
vii. Projections of downgradient concentrations of nitrogen, phosphorus and oth~
chemicals at property boundaries and other locations deemed pertinent by t
and the
of each
~ing and
'atershed
(30) days
)rmation:
.egistered
~ean high
~ity,
.servation
red (400)
educated
'ogeology,
uantity of
sturbance
~lischarge,
,P) of any
ttment of
on, waste
:ntrations
'ngradient
,r relevant
ae SPGA.
go
The SPGA may also require that supporting materials be prepared by other prol
including, but not limited to, a registered architect, registered landscape architect, ~
land surveyor, registered sanitarian, biologist, geologist or hydrologist when in its judge
complexity of the proposed work warrants the relevant specified expertise.
Special Permits under this Section shall be granted only if the SPGA determines, afte~
of comment by other Town agencies as specified above has elapsed, that, as a res
proposed use in conjunction with other uses nearby, there will not be any
degradation of the quality or quantity of water in or entering Lake Cochichewick.
Any Special Permit issued under this Section for a new permanent structure (othe
accessory structure or expansion that is less than twenty five (25%) of the gross ilo{
a structure) or a septic system shall require that such structure or system be construct~
the Non-Disturbance Buffer Zone.
go
Within the Non-Disturbance Zone and Non-Discharge Buffer Zone, any runoff from it
surfaces shall, to the extent possible, be recharged on site and diverted toward area
with vegetation for surface infiltration. Where on site recharge is not feasible due
other natural conditions, other mitigating measures such as sedimentation ponds, flit
or restoring wetlands, shall be used only where other methods are not feasible
approval by the Board of Health, Building Inspector and the Division of Public Works
that the methods used for on site infiltration and/or other measures shall remain
ho
Provisions shall be made to protect against toxic or hazardous material discha~
resulting from corrosion, accidental damage, spillage or vandalism through measm
spill control provisions in the vicinity of chemical or fuel delivery points; secured sto:
for toxic or hazardous materials, and indoor storage provisions for corrodible or
materials. For operations which allow the evaporation of toxic materials into the inte:
structure a dosed vapor system shall be provided for each structure to prevent
contaminated condensate into the groundwater.
For any toxic or hazardous waste to be produced in quantities greater than those
with normal household use, the applicant must demonstrate the availability and fe~
disposal methods which are in conformance with M.G.L. Chapter 21C.
Violations
Written Notice of any violation of this Bylaw shall be provided by the SPGA agent to the ov
premises specifying the nature of the violation. The agent of the SPGA shall request of thc
schedule of compliance, including cleanup of spilled materials, Such schedule shah alk
immediate corrective action to take place. This compliance schedule must be reasonable in
the public health hazard involved and the difficulty of compliance. In no event shah more
(30) days be allowed for either compliance or finalization of a plan for longer term of compli
schedule of compliance shall be submitted to the SPGA for approval subsequent to the viol,
agent of the SPGA shall notify the Building Inspector of any violations of the Schedule of
or of any failure to satisfy the requirements of this paragraph.
Severability
In any portion, sentence, clause or phase of this regulation shall be held invalid for any
remainder of this Bylaw shall continue in full force.
10
'essionals
egistered
ment the
the time
dt of the
ignificant
r than an
~r area of
d outside
apervious
s covered
to soil or
er berms,
and after
to assure
t'ective.
;e or loss
:s such as
· age areas
dissolved
· ior of any
charge or
~ssociated
~sibility of
her of the
violator a
,w for the
relation to
Ihan thirty
race. Said
tion. Said
ompliance
eason, the
Explanation:
ao
do
The Board of Selectmen asked the Planning Board to review the Watershed Protecti4 n Bylaw.
Substantive changes were subsequently made at the Special Town Meeting held in 13 ctober of
1994. The changes proposed above were made in an attempt to make the Bylaw more readable
and understandable. The only substantive changes proposed are as follows:
eliminate underground tanks throughout the Watershed,
to allow restaurants connected to the municipal sewer throughout the Watershed,
to eliminate the discharge of domestic or industrial in the non-discharge and non-db ~urbance
buffer zones,
to add the Watershed Council as a group that makes recommendations to the Planni ag Board
on permit applications in the Watershed (Note: the Watershed Council consists of the ?lanning,
Conservation, Health, Public Works, and Watertreatment Plant Staff)
watershe
11
~REQUEST FO~ERTION OF ARTICLE IN THE WAItRAN'i~ l"Oit lJ.{t, 1
d0YC ~ ~ ~:~ ~: !~NU~ TOWN ~ETING
Board of Selectmen
Town OtRce Building
North An~lover, Massachuset~ ,,<
Gentlemen: ! ! 'i,
It is hereby requested that the tollowing Article be inserted in the Warrant for
Andover Annual Town Meetin,~.:
(AP.PROPRIATION Article ' *: To see il the Town will vote ~ raise and
ARTICI~) of $, , ~o be expended under tile direction o! the
"for tile purpose o!
Article Amendment to Town Code-Section 1-6. Noncriminal Disposition
Violations. To see if the Town will vote to amend Section 1-6 Noncri]
disposition'of violations of the Town Code to specify the following
criminal penalties for violations of the Watershed Protection Distric'
Section 4.136 in the Zoning Bylaw and the Wetlands Protection Bylaw,
Chapter 178 of the Code of North Andover.
OR:
(OTHER)
Article
*: To see if the Town will vote to
(If Petitioner is a Town
Agency)
OR:
(Il the insertion of the
proposed Article is et
the request of "ten or
more registered voters
of the town" under G.
L. c. 39, s. 10)
*Leave blank; the Ar-
ticle number will be
later determined
**Insert the name of
%he first signer o! the
Petition of the ~ ~.~'~ ' ~7~,,~.,¥.~o (~ ~)
By: George Perna .. Jr.
Petition of
Director, Public Works
Name
Street Address
?
North
~e Bum
~inal
)n-
id others
ARTICLE AMENDMENT TO TOWN CODE - SECTION 1-6, NONCRIMINAL
DISPOSITION OF VIOLATIONS. To see if the Town will vote to amend
Section 1-6 Noncriminal disposition of violations of the Town Code
to specify the following noncriminal penalties for violations of
the Watershed Protection District, Section 4.136 in the Zoning
Bylaw and the Wetlands Protection Bylaw, Chapter 178 of the Code of
North Andover.
Section 1-6. Noncriminal disposition of violations
Violations of any provisions of these bylaws or rules and
regulations of any town department or board may be handled as a
noncriminal offense in accordance with the provisions of MGL C. 40,
Section 21D. The following is a table of non-criminal penalties for
violations of the Watershed Protection District, Section 4.136 (8),
of the Zoning Bylaw and the Wetlands Protection Bylaw Chapter 178
of the Code of the Town of North Andover:
Watershed Protection District:
Activity
Conservation Non-Dist. Non-Disch.
Zone Zone Zone
Alt. of any wetland
resource area
Alt. of any stream or *
or waterbody ,
Depositing any refuse, *
debris, yard waste or *
constr, material in a *
wetland or waterbody ,
Violation penalties are covered under
the Wetlands Protection Bylaw ;
maximum penalty is $300
Use, method or applic. $300
of any lawn care or
garden product(pesticide,
herbicide, or fertilizer)
that may contribute to the
degradation of the public
water supply
$250 $200
Use of lawn care prod.
that are not organic or
slow-release nitrogen
$300 $250 $200
Construction of any
septic system
* Penalties covered under the Board of
Health regulations
Unauthorized construc-
tion of any accessory
structure or expansion
of any existing structure
by less than 25 percent
of the gross floor area
of the existing structure
$300 $250 Allowed
Animal feedlots or the
storage of manure
$300 Allowed Allowed
Expansion of an existing $300
structure by 25% or more
of the gross floor area
of the existing structure.
$250 Allowed
Change in grade or
topography
$300
$250 Allowed
Vegetation removal of
cutting not associat-
ed with agric, uses
or maintenance of
landscape area
$300
$250 Allowed
Unauthorized construc-
tion of a new permanent
structure
$300
$250 Allowed
Replacement of any
permanent structure
$300
$250 Allowed
Any surface of sub-
surface discharge,
including but not
limited to, storm-
water runoff; drainage
of any roadway that
is maintained by the
DPW or private assoc.,
outlets of all drainage
swales, outlets of all
detention ponds
$300 $250 $200
Wetland Protection Bylaw
* Alteration of 1-1000 s.f. wetland
* Alteration of 1001-2000 s.f. of wetland
* Alteration of 2001-3000 s.f. of wetland
Penalty
$ 50
$ 100
$ 200
300
300
* Alteration of greater than 3000 s.f. of wetland $
Depositing any refuse, debris, yard waste or $
construction material in a wetland or water body
Alteration of any stream or water body $
Any violation of any section of this Bylaw that
occurs in the Lake Cochichewick Watershed $
300
300
* Without a valid Order of Conditions from the North Andover
Conservation Commission
JO¥OE BF;A£~] ..iAW
TOWN
NORTH ANDOVEI~
DRAFT
MARCH 17. 1995
TOWN OF NORTH ANDOVER
ANNUAL TOWN MEETING - MAY 1, 1995
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS.
To either of the Constables of the Town of North Andover:
GREETINGS:
In the name of the Commonwealth of Massachusetts, and in compliance with
Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and
requirements of the Town Charter, you are hereby directed to notify and warn the
inhabitants of the Town of North Andover who are qualified to vote in Town
affairs to meet at the North Andover High School Field House on Monday,
May 1, 1995, at 7:00 PM then and there to act upon the following articles.
ARTICLE 1. ANNUAL TOWN ELECTION. The election of Town Officers appearing on
the ballot have already been acted upon at the Annual Town Election on
March 6, 1995.
Board of Selectmen
Board of Selectmen Recommendation:
ARTICLE 2. REPORT OF RECEIPTS AND EXPENDITURES. To see if the Town will vote
to accept the reports of receipts and expenditures as presented by the Selectmen
in the 1994 Annual Town Report.
Board of Selectmen
Board of Selectmen Recommendation:
ARTICLE 3. COMPENSATION OF ELECTED OFFICIALS. To see if the Town will vote
to fix the salary and compensation of the elected officers of the Town, as
provided by Section 108 of Chapter 41 of the Massachusetts General Laws as
follows; or to take any other action relative thereto:
Board of Selectmen/Licensing Commissioners,
per annum $ 2,000
Chairman, Board of Selectmen, per annum 300
School Committee, per annum 2,000
Chairman, School Committee, per annum 300
Moderator: For Annual Town Meeting 100
For each Special Town Meeting 50
JOYOE ~R~$HAW
TOWN CLERK
NORTH ANBOVER
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
ARTICLE 4. REPORT OF SPECIAL COMMITTEES TO TOWN MEETING. To see if the Town
will vote to accept the reports of any special appointed committees or to take
any other action relative thereto.
A. Report of the Strategic Planning Committee.
B. Report of the Osgood Hill Study Committee.
C. Report of the Committee to Study Annual Town Report and Use of
Electronic Bulletin Boards.
Board of Selectmen
ARTICLE 5. AUTHORIZATION TO TRANSFER UNEXPENDED FUNDS. To see if the Town
will vote to transfer unexpended balances of various articles to supplement other
previously appropriated articles or accounts.
Director of Finance
Board of Selectmen Recon~nendation:
Finance Committee Recommendation:
ARTICLE 6. FISCAL YEAR 1995 BUDGET TRANSFERS. To see what sums the Town will
vote to transfer into various line items of the Fiscal Year 1995 operating budget
from other line items of said budget, as follows:
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
JOY~ ~W
APPROPRIATION ARTICLE FOR FISCAL YEAR 1996. To see what
action the take, as to the budget recommendations of the Finance
Comm%~ four ~i~al year beginning July 1, 1995, and ending June 30, 1996;
or t~ t~e an~%~e~]~ction relative thereto.
Board of Selectmen
Department
Project
Description
C. I.P. OPERATIONS
Department
Request
Board of
Selectmen
Finance
Committee
POLICE DEPARTMENT:
Mobile Computer Terminals
Operational Equipment
Interactive Firearms Training
Portable Radios
Subtotal Police
116,000 0 0
62,623 41,000 41,000
50,400 0 0
38,824 0 0
267,847 $ 41,000 $ 41,000
FIRE DEPART~NT:
Replace Ambulance
4-Wheel Drive Vehicle
Subtotal Fire
100,000
23,000
$ 123,000
100,000 100,000
0 0
$ 100,000 $ 100,000
Technology
System Hardware/Software-School
System Hardware/Software-Municipal
Subtotal Technology
526,473
325,000
$ 851,473
526,473
296,000
$ 822,473
526,473
296,000
$ 822,473
Public Works
Public Works Equipment
Road Improvement Program
Sidewalks/ADA Crossways
Water Main Rehab
Engineering-Subsequent Yr Water Pro
GAC Filter Replacement
Variable Freq. Pump Drive (WTP)
Raw Water Wet Well-Well Access
N. Main Street Relief - Sewer
Sewer System Ext. Phase 3 GPR
Sewer System Improvements I/I
Pumping Station Improvements
Subtotal Public Works
209,000
250 000
200 000
750 000
35 000
90 000
41 000
10 000
700 000
1,500,000
500,000
30,000
$ 4,315,000
159,000
0
200,000
750 000
35 000
50 000
41 000
10 000
700 000
0
0
30,000
$ 1,975,000
159,000
0
200,000
750 000
35 000
50 000
41 000
10 000
700 000
0
0
30,000
$ 1,975,000
PLANNING & ¢O~I~NITY SIlICaS:
4 Wheel Drive Vehicle
Open Space Acquisition
Subtotal Planning & Comm. Dev.
20,000 0 0
20,000 10,000 10,000
$ 40,000 $ lO,OOO $ lO,O0O
Administration & Finance
Town Clerk - Voting Machines
34,800 42,000 42,000
$ 34,800 $ 42,000 $ 42,000
Total Operations
Department
Project
Description
C.I.P. FACILITIES
School Department:
ADA Compliance
Replace Windows Franklin School
Lower Ceilings/Replace Lites-Thmsn
Parking Lots - (Ark, Frkln, Thmsn)
Replace Switchboard Breakers HS
Complete Roof Replacement HS
Repair/Refinish HS-Fieldhouse Floor
Replace Lockers-HS (Phase 2)
Corrective Drainage/Repaying @ HS
Subtotal Facilities $
213,100
137,500
14,800
81,000
22,000
202,500
26,000
47,000
37,000
780,900
Public Works:
Building Cyr Recreation Area
Dog Pound - Cyr Recycle Center
Playfields Town-wide
Subtotal-Public Works
100,000
10,000
91,500
$ 201,s00
Total Facilities
$ 982,400
Grand Total C.I.P.
$ 6,614,520
Board of
Selectmen
Recom~n4
Fi-~nce
Co-~-~ttee
213,100
137,500
14,800
0
22,000
202,500
26,000
47,000
37,000
699,900
213,100
137,500
14,800
0
22,000
202,000
26,000
47,000
37,000
699,900
100,000
10,000
91,500
$ 201,500
$ 901,400
$ 3,891,873
100,000
10,000
91,500
201,500
901,400
3,891,873
ARTICLE AMEND SOURCE OF FUNDING ON CAPITAL IMPROVEMENTS PLAN APPROPRIATION
FOR FISCAL YEAR 1995. TO see if the Town will vote to amend the vote of
Article 9 of the May 2, 1994, Annual Town Meeting by deleting the item numbers
"8" and "20", by deleting the amount "$ 6,504,815" and inserting in its place the
amount of "$ 6,265,315", and adding after "Massachusetts General Laws" the
following: "and to transfer the sum of $ 239,500 from the Capital Improvements
Reserve Fund to provide the necessary appropriation for items 8 and 20."
Board of Selectmen
Board of Selectmen Recommendation=
Finance Committee Recommendation:
THE FOLLOWING FROM THE BONDING AUTHORIZATION:
ITEM 8, PUBLIC WORKS EQUIPMENT
ITEM 20, COUNCIL ON AGING 12 PASSENGER VAN
BY REDUCING THE AUTHORIZATION TO BORROW FROM
$ 216,500 AiqD
23,000;
$6,504,815 TO
$ 6,265,315
ARTICLE AMEND AUTHORIZATION TO BORROW - VARIOUS ARTICLES. To see if the
Town will vote to reduce authorizations to borrow as originally voted under
various articles and currently unissued, said authorization to borrow under
Massachusetts General Laws Chapter 44, Section 7(3) to be reduced in the amount
of $ or to take any action relative thereto.
Director of Finance
Board of Selectmen Recommendation:
Finance Committee Recommendation:
specifics?
ARTICLE AUTHORIZATION OF MASSACHUSETTS GENERAL LAWS CHAPTER 90 HIGHWAY
FUNDS. TO see if the Town will vote to appropriate $ for
MassachusetEs General Laws Chapter 90, Road Repairs, and to meet the funding of
the Article, allow the Treasurer, with the approval of the Board of Selectmen,
to borrow $ of Chapter 90, Highway Funds, in anticipation of State
reimbursement under Massachusetts General Laws Chapter 4, Section 6A.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
ARTICLE RESERVE FUND. To see if the Town will vote to raise and
appropriate $ 75,000 to fund the Reserve Fund; or to take any other action
relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
ARTICLE SUPPLEMENTAL BUDGET ARTICLE FOR FISCAL YEAR 1996. To see if the
To~rn will vote to raise and appropriate a sum of money to supplement the monies
appropriated under Article of this 1995 Annual Town Meeting (General
Appropriation Article); which sums shall be contingent upon the approval by the
voters of a general override of Proposition 2 1/2, so-called, or take any other
action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation=
Finance Committee Recommendation:
10
ARTICLE AUTHORIZATION TO APPLY FOR GRANTS FOR STEVENS MEMORIAL LIBRARY.
To see if the Town will vote to authorize the Trustees of the Stevens Memorial
Library to apply for and accept any federal or state grants which may be
available for the Library Addition/Renovation project, or take any other action
relative thereto.
Library Trustees
Board of Selectmen Recommendation:
Finance Committee Recommendation:
11
JOYc£ ~RAO~AW
ARTICLE~ ~EUDMENT OF PERSONNEL BYLAW. To see if the Town will vote to
adopt the ~'~l~in~~s to the To~ of North ~dover Personnel Bylaw, as
previously adopted at the May, 1992, ~nual To~ Meetin~ and further amended at
the May, 1993, and May, 1994, ~nual To~ Meetings.
A. SECTION 2. D~FINITION~: * Delete the followin9 definitions:
Permanent Employee: ~ employee retained on a continuin9 basis in a
permanent position.
Permanent Emplo~ent: Emplo~ent for the To~, which has required or which
is likely to re~ire the services of an incu~ent without interruption for a
period of more than six calendar months, either on a full-time or part-time
emplo~ent basis.
B. SECTION 6. TE~INATION NOTIC~: Delete from Paragraph (A) in the second
sentence the word "permanent" and replace with "full-time", so that the
amended second sentence will read, as follows:
"After the probation period, the employee shall be considered a full-time
employee of the To~."
C. SECTION 10. CO~P~NSATION PL~: Amend Paragraph (D) to read, as follows:
(D) ~ employee in continuous full-time or part-time emplo~ent shall be
eligible to receive a merit ~ncrease, as follows:
(1) After completion of six months at the minimum entrance
rate.
(2) Thereafter one year from the date of his or her previous increase.
(3)
The increase in rate which this increment represents must be
recommended by the employee's department head and approved by the
Town Manager.
(4) The increase shall be based on performance of the employee durin9
the precedin9 six-month or twelve-month period and not solely on
length of servzce.
* Delete the followin9 paragraphs:
(E) An employee in continuous part-time employment shall be eligible to
receive the increment between his or her present rate and the next
higher step rate at such time as recommended by his or her department
head and approved by the Town Manager, not earlier than followin9 the
completion of six months at his or her entrance rate and not earlier
than followin9 the completion of one year at any higher rate.
(H) An employee receivin9 a promotion to a vacant position or to a new
position, as defined in Section 4 (C): "Classification Plan" shall, upon
assignment resultin9 from such promotion, receive the rate in the
compensation 9rade of the vacant or new position next above his or her
existin9 rate. If the resultin9 adjustment does not equal $100.00 for
a position class assigned to Schedule B-1 or $.05 for a position class
assigned to Schedule D, the adjustment shall be to the second rate above
12
posz~z~.'
~it Th~ ~~ receiving a promotion and adjustment in rate pursuant to
the provisions of the preceding sub-section shall receive the next
increment of his or her compensation grade effective following
completion of six months at the rate resulting from the promotion.
* Reletter the remaining paragraph as, "A through E".
D. SECTION 12. POSITION CLASSES. WAGES. ETC.:
* Delete The existing Schedule A and replace with the following amended
schedule.
SCHEDULE A - CLASSIFICATION OF POSITIONS BY DIVISION AND COMPENSATION
GRADE/SCHEDULE
DIVISION/GRADE COMPENSATION/OR SCHEDULE
General Government
Town Manager Appt.
Administrative Assistant to the Town Manager S-14
Administrative Secretary to the Town Manager S-7
Administration and Finance Finance Director
Assistant Finance Director/Controller
Assistant Treasurer
Town Assessor
Field Appraiser/Assistant Assessor
Board of Assessors Chairman
Board of Assessors Part-Time
Town Clerk
Registrar of Voters - Town Clerk
Registrar of Voters - Part-Time
Town Accountant
Junior Accountant
Personnel/Permits Manager
Appt.
S-20
S-14
S-21
S-15
Misc.
Misc.
S-17
Misc.
Misc.
S-20
S-15
S-17
Public Safety Fire Chief
Deputy Fire Chief
Police Chief
Police Lieutenant
Community Service Officer
Dispatchers
Dispatch Supervisor
Police Matron
Police Reservists
School Crossing Guards
Civil Defense Director
Executive Officer
Part-Time
Part-Time
Appt.
F-DEP
Appt.
S-22
SP
Disp
Disp-Supv
Misc.
Misc.
Misc.
Misc.
Public Works
13
~r of Public Works
Ass Director of Public Works
~O ~r~dt%~s Supervisor
- S~ E~ineer
Vehicle Maintenance Dept Head (Combined)
Water Treatment Plant Superintendent
Asst. Water Treatment Plant Superintendent
Municipal Summer Employees
Bathing Beach Lifeguards
Bathing Beach Supervisor
Bathing Beach Assistant Supervisor
Water Analyst
Community Development and Services
Director of Community Development & Services
Natural Resource/Land Use Planner
Town Planner
Inspector of Buildings
Assistant Building Inspector
Gas Inspector/Plumbing Inspector Part-Time
Electrical Inspector - Part-Time
Sealer of Weights and Measures
Animal Inspector Part-Time
Junior Environmental Health Inspector
Administrative Assistant to Division Director
Human Services
Public Health Administrator
Food Sanitation Inspector
Public Health Physician Part-Time
Board of Health Part-Time
Sanitary Health Inspector
Health Agent
Public Health Nurse
Director of Elder Services
Council on Aging Outreach Worker
Council on Aging Bookkeeper
Youth Service Director
Youth Service Worker
Library Director
Assistant Library Director
Veterans' Grave Officer
Appt.
S-22
S-21
S-20
S-13
S-22
S-20
Misc.
Misc.
Misc.
Misc.
S-15
Appt.
S-17
S-19
S-21
S-16
Misc.
Misc.
Misc.
Misc.
S-9
S-14
S-20
S-17
Misc.
Misc
S-19
S-17
Misc.
S-21
S-6
Misc.
S-21
S-9
S-21
S-18
Misc.
14
SCHEDULE B-1
* Delete:
Compensation
Grade
S-4
S-5
S-6
S-7
S-8
S-9
S-10
S-ii
S-12
S-13
* Add:
Compensation
Grade
S-4
S-5
S-6
S-7
S-8
S-9
S-10
S-ii
S-12
S-13
SCHEDULE B-2
* Delete:
S-14
S-15
S-16
S-17
S-18
S-19
S-20
S-21
S-22
M'in
(As Amended 5/93)
II III IV MAX
8.74 9.11 9.40
9.01 9.35 9.67
9.40 9.73 10.09
9.81 10.15 10.53
10.18 10.59 10.93
10.64 10.84 11.41
11.10 11.51 11.89
11.59 12.00 12.42
12.08 12.51 12.96
12.60 13.06 13.54
Min.
8.74
9.01
9.40
9.81
10.18
10.64
11.10
11.59
12.08
12.60
COMPENSATION PLAN
Max.
10.78
11.09
11.55
12.03
12.53
13.07
13.64
14.24
14.87
15.54
(As Amended 5/93)
24,787 25,723 26,657
25,871 26,844 27,819
27,031 28,042 29,091
28,492 29,573 30,662
30,031 31,189 32,345
31,635 32,866 34,106
33,354 34,668 35,983
39,388 40,586 42,157
45,689 47,080 48,903
9 73
10 00
10 40
10 93
11 34
11 80
12 33
12 86
13 43
14 03
27 599
28 832
30 141
31 772
33 485
35 347
37 291
43 537
50,503
10.06
10.35
10.78
11.23
11.70
12.20
12.74
13.29
13.88
14.50
28 566
29 845
31 189
32.866
34 668
36 577
38 597
44 922
52 111
15
* Add:
Min.
S-14 24,787
S-15 25,871
S-16 27,031
S-17 28,492
S-18 30,031
S-19 31,635
S-20 33,354
S-21 39,388
S-22 45,689
Max.
30 600
31 970
33 410
35 206
37 136
39 181
41 345
48 121
55,821
JO¥OE ~RADSHAW
TOWN OLERK
NORTH ANDOVER
SCHEDULE C - POLICE DEPARTMENT (As Amended 5/93) (Non-Union)
* Delete
S-P 9.04 9.28 9.65 10.00
PS~DISP 9.48 9.81 10.17 10.57
PS-DISP. SUPV. 11.69 12.10 12.54 12.99
P.Lt.- EO
10.32
10.85
13.42
46,307.00/yr
* Add
S-P 9.04 11.05
PS~DISP 9.48 11.62
PS-DISP. SUPV. 11.69 14.38
SCHEDULE D - FIRE DEPARTMENT (NON-UNION EMPLOYEES)
* Delete
Min. I I I I I Max.
Deputy Fire Chief 40,385.33 43,041.29 45,701.23 48,683.38
* Add
SCHEDULE E - MISC. COMPENSATION SCHEDULE FOR PART-TIME POSITIONS
CLASS TITLE
PRESENT
COMPENSATION
PROPOSED
CQMPENSATION
Animal Inspector
Civil Defense Director
Gas Inspector/Plumbing Inspector
Library Page Min 4.48; Step II 4.76;
Bathing Beach Lifeguard/Attendant
Bathing Beach Supervisor
Bathing Beach Assistant Supervisor
Municipal Summer Employees
Police Matron
Public Health Physician
$ 300.00/MONTH $ 300.00/Month
41.99/WEEK 43.67
13.33/HOUR 13.86
Step III 5.05/HOUR 4.66 5.25
334.71/WEEK 356.00 378.00
425.42/WEEK 468.36
374.93/WEEK 417.02
W-1 MIN LESS 0.25/HOUR W-1 MIN LESS
10.21/HOUR 10.62
1,200.00/YEAR 1,200.00/YEAR
.25
16
JOY
Public Health Nurse
Board of Health
Registrar of Voter
Registrar of Voters-Town Clerk
Reserve Patrolman
School Crossing Guard
Sealer of Weights and Measures
Electrical Inspector
Veterans Grave Officer
Board of Assessors Chairman
Board of Assessors
Recreation Director
Bookkeeper Council on Aging
Bathing Beach/Gate Attendants
Municipal Summer Employees (Recreation Dept.)
PRESENT
COMPENSATION
PROPOSED
COMPENSATION
20.00/HOUR
700.00/YEAR
720.08/YEAR
800.12/YEAR
10.21/HOLIR
7.30/HOLIR
215.63/MONTH
13.33/HOUR
400.00/YEAR
4,000.00/YEAR
3,000.00/YEAR
8,000.00/YEAR
950.00/YEAR
5.25-5.75/HOUR
20 00/HOUR
700 00/YEAR
720 08/YEA-R
800 12/YEAR
10 62/HOI/R
7 591HOUR
215 63IMONTH
13 86/YEA]~
400 00~YEAR
4,000 00/YEAR
3,000 00/YEAR
8,000 00/YEAR
1,500 00/YEAR
7.00-8.66~HOUR
E. SECTION 13. INITIAL APPLICATION OF THE COMPENSATION PLAN
* Delete the following paragraphs.
(B)
The rate of each employee occupying a position, the compensation of
which is provided for in Schedule B-i, B-2, or C, of Section 10:
"Position Classes", shall be adjusted to the step-rate in the range of
compensation grade to which his or her position has been allocated next
above his or her existing rate.
(c)
If the adjustment so determined in the case of a full-time employee is
less than $100 for the ensuing 12 months, the employee's rate shall be
moved to the second step above the existing rate but within the salary
range for the position as set forth in Section 10: "Position Classes"
(D)
The rate of each employee occupying a position, the compensation of
which is provided for in Schedule C of Section 10: "Position Classes"
shall be adjusted to the rate for his or her position class as set forth
in this By-Law.
* So that the amended Section 13 reads, as follows:
(A)
Any amendment of this By-Law providing for a change in salary and wage
rates shall take effect, if adopted at the Annual Town Meeting, in the
following July 1, and if adopted at a Special Town Meeting shall take
effect on the first day of the month next following such meeting.
(B)
If an employee's rate at the time of the adoption of this Bylaw is in
excess of the maximum rate set forth in his or her appropriate
compensation grade in Schedule B-I, B-2, C, D, or E, or is in excess of
the rate set forth for his or her position class in Schedule C of
Section 10: "Position Classes", this rate shall not be reduced but
17
shall become a personal rate only to said employee, as defined in
Section 2: "Definitions"
C) The adjustments provided for in this section shall be subject to the
availability of appropriated funds.
Board of Selectmen
Board of Selectmen Reconunendation:
Finance Committee Reco=~endation:
18
ARTICLE EXPENDITURE OF GRANT FUNDS. To see if the Town will vote to
authorize the Town Manager subject to the approval of the Board of Selectmen to
apply for, accept and enter into contracts from time to time for the expenditure
of any funds allotted to North Andover by the Commonwealth of Massachusetts or
the U.S. Governmen5 under any State or Federal grant program; or to take any
other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
EXPLANATION: This article authorizes Town Officials to apply for
and to accept Federal or State grants that might become available
during the coming fiscal year. Without Town Meeting authorization,
some grants could be lost or jeopardized due to the delays resulting
from the necessity of calling a Special Town Meeting or waiting for
the next Annual Town Meeting for approval.
-
19
ARTICLE . AUTHORIZATION TO EXPEND CONTRIBUTIONS TO MITIGATE SEWER SYSTEM
INFILTRATION. To see if the Town will vote to authorize the Town Manager,
subject to the approval of the Board of Selectmen, to expend grants,
contributions, or specific impact fees for the purpose of mitigating sewer system
inflow infiltration.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
EXPLANATION: A Sewer System Evaluation Survey was completed in
1993. The final report of the survey recommends the rehabilitation
of over 67,000 feet of sanitary sewer and related manholes and the
removal of over 800 sources of private groundwater inflow. The
program will remove over 5 million gallons per day of groundwater
infiltration and inflow from the sewers at a cost of approximately
$ 2 million dollars. The report also recommends development of a
prioritized Capital Improvement Program to replace undersized pipe
identified in the study. Funds from grants, contributions, and
impact fees from approved developments would be used to augment sums
appropriated by the Town for the purpose of cost effective removal
of infiltration/inflow and capital improvement of the sewer system.
20
ARTICLE 54. WETLANDS FILING FEES ACCOUNT. To see if the Town will vote
to appropriate a sum from the Wetlands Filing Fees Account to be used by the
Conservation Commission in the performance of their duties under the Wetlands
Protection Act.
Board of Selectmen Recon~nendation:
Finance Conunittee Recommendation:
Conservation Commission
Favorable Action.
Favorable Action.
21
ARTICLE AUTHORIZATION TO COMBINE REPAIRS TO BEAR HILL AND SUTTON HiLL
STORAGE TANKS AS A SINGLE APPROPRIATION AND TO TRANSFER FUNDS FROM OTHER
AVAILABLE UNEXPENDED FUNDS. TO see if the Town will vote to transfer the
authorized unexpended funds of Article 8, Item 29, of the 1992 Annual Town
Meeting - Sutton Hill Storage Tank Reconstruction in the amount of $ uo
Article 8, Item 28, of the 1992 Annual Town Meeting - Bear Hill Storage Tanks;
the purpose of which to combine authorizations for both the Bear Hill and Sutton
Hill Storage Tanks repairs; and further to transfer $ to Article 8,
Item 28, of the 1992 Annual Town Meeting Bear Hill Storage Tanks, from the
unexpended balances of:
1987 Annual Town Meeting, Article 36 - Water Mains
1991 Annual Town Meeting, Article 12, Section 27
1992 Annual Town Meeting, Article 8, Section 31,
Phase 2 Sewer Great Pond Road
$
Water Mains
being the grand total of $ transferred to Article 8, Item 28,
consolidated appropriation for repairs/improvements to the Bear Hill/Sutton Hill
Storage Tanks, or to take any other action relative thereto.
Board of Selectmen
22
ARTICLE AUTHORIZATION TO ENTER INTO INTERMUNICIPAL AGREEMENTS FOR THE
TEMPORARY USE OF FIRE SAFETY TRAILER. TO see if the Town will vote to authorize
the Board of Selectmen to enter into one or more Intermunicipal Agreements
pursuant to Massachusetts General Laws Chapter 40, § 4A, with other
municipalities or districts for their use of the North Andover Fire Safety
Trailer for the provision of Fire Prevention and Safety Education within such
jurisdiction on such terms and conditions, as the Selectmen deem to be in the
best interests of the Town.
William V. Dolan, Fire Chief
'23
ARTICLE AUTHORIZATION TO ESTABLISH A REVOLVING FUND FOR INTERMUNICIPAL
AGREEMENTS FOR THE TEMPORARY USE OF THE FIRE SAFETY TRAILER. TO see if the Town
will vote to authorize the Fire Chief to enter into Intermunicipal agreements for
the temporary use of the Fire Safety Trailer owned by the Town of North Andover
for the purposes of providing an education program in fire prevention and safety
issues for primarily school-aged children in other neighboring jurisdictions; and
further, that the Board of Selectmen be authorized to establish a revolving fund
pursuant to Massachusetts General Laws Chapter 44, Section 53E 1/2 and that
revenue received in accordance with said Intermunicipal agreements shall be
credited to this revolving fund, that the Fire Chief, with the approval of the
Town Manager, will be authorized to expend from this fund up to $ 10,000 for
Fiscal Year 1996.
Board of Selectmen
24
TOWN OF NORTIt ANDOVER, MASSACttUSETTS
REQUEST FOR NSERTION t~i~'_~:".~Alllq THE WARRANT FOR THE 19
ANNI.~[~. ~----'~' MEETING
.u~t M ANDOVER
Board of Selectmen
Town Office Building
North An.dover, Massachusetts
Gentlemen:
It is hereby requested that the following Article be inserted in the Warrant for the 19 North
Andover Annual Town Meeting:
(APPROPRIATION Article *: To see if the Town will vote to raise and appropriate the sum
ARTICLE) of $ , to be expended under the direction of the
for the purpose of
OR:
(OTHER) Article *: To see if the Town w~ vote to
Article Amendment to Zoning Bylaw-Section 7 Dimensional Requirements'. To see
if the Town will vote to amend Section 7 Dimensional Requirements as set forth
below to correct typographical errors, clarify and make consistent thc existing
language; to include the Town wetland bylaw in the definition of contiguous
buildable area; to redefine lot width from fifty (50) feet to one hundred (100)
feet; to redefine the calculation of lot area, contiguous buildable a~ea and
street frontage; to list the criteria for receiving a special permit lor access
other than over the street frontage; and to allow frontage exception lots by
Petition of the
By:
special permit only.
(If Petitioner is a Town
Agency)
(If the insertion of the
proposed Article is et
the request of "ten or
more registered voters
of the town" under G.
L. ¢. 39, s. 10)
*Leave blank; the Ar-
ticle number will be
later determined
**Insert the name of
the first signer of the
Request.
OR:
Petition of
** and others
Street Address/~.~ I~ D'W.~.'c~ .,..,., f,~
ARTICLE . AMENDMENT TO ZONING BYLAW - SECTION 7 DIMENSIONAL
REQUIREMENTS. To see if the Town will vote to amend Section 7 Dimensional
Requirements as set forth below to correct typographical errors, clarify and make
consistent the existing language; to include the Town wetland bylaw in the
definition of contiguous buiidable area; to redefine lot width from fifty (50) feet to
one hundred (100) feet; to redefine the calculation of lot area, contiguous buildable
area, and street frontage; to list the criteria for receiving a special permit for access
other than over the street frontage; and to allow frontage exception lots by special
permit only:
SECTION 7 DIMENSIONAL REQUIREMENTS
7.1 Lot Area
Minimum lot areas for such uses in each district shall be as set forth in Table 2, Summary
of Dimensional Requirements, which is hereby made part of this Bylaw.
7.1.1 Contiguous Buiidable Area (CBA)
As of April 28, 1986, the area of any new lot created, exclusive of area in a street or
recorded way open to public use, at least seventy five (75) percent of the minimum lot
area required for zoning shall be contiguous land other than land located within a line
identified as wetland resource areas in accordance with the Wetlands Protection Act,
Massachusetts General Laws, Chapter 131, Section 40 and the Town of North Andover
Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. The proposed
structure must be constructed on said designated contiguous land area.
7.1.2 Lot Width
For any lot created after May 1, 1995, the minimum width of the lot shall be a distance
of one hundred (100) feet between the street fro. ntage and the front building line The
width shall be measured in a line parallel to the street. This requirement shall apply in all
zones except Residence 4 (R4); for zone R4 the distance shall be eighty (80) feet.
7.1.3 Restrictions
When a fifty (50) foot straight line is drawn to divide a lot in two, and the perimeter
of the smaller piece is greater than two hundred (200) feet, then such smaller piece
shall not be included in the calculations when determining:
lot area
contiguous buildable area (CBA), or
street frontage
as required by the Summary_ of Dimensional Requirements (Table 2) of this bylaw.
This restriction applies only to lots created after May 1, 1995.
Any lot created after May 1, 1995 shall have a lot depth of thirty (30) feet or more
for at least eighty (80) percent of the minimum length of its frontage as required
by the Summary of Dimensional Requirements (Table 2) of this bylaw. The lot
depth shall be measured as a line drawn perpendicular to the street.
No lot, upon which is then located any buildings or with respect to which a permit
has been issued and is then outstanding for the erection of any building, shall be
subdivided or .reduced in area in any manner unless said lot shall thereafter fulfill
the lot area, street frontage and yard space requirements of this Bylaw except as
may be permitted otherwise by the provisions of a variance granted by the Board
of Appeals. If land be subdivided, conveyed, devised or otherwise transferred in
violation hereof, no building permit or other permit shall be issued with reference
to any of the land so transferred or to the lot(s) retained until all of such land and
lots meet the requirements of this Zoning Bylaw. Any land taken by eminent
domain or conveyed for a public purpose for which the land could have been
taken shall not be deemed to be transferred in violation of the provisions hereof.
7.2 Street Frontage
Minimum street frontage shall be as set forth in Summary_ of Dimensional Requirements
0-able 2) and the lot line meeting these requirements shall constitute the "street frontage"
for the lot. In no case shall actual street frontage at the street line be less than seventy
five (75) feet; except as allowed by Section 7.2.2. Corner lots shall be required to have
.the required frontage only on one street.
In determining the fulfillment of the minimum area and. minimum street frontage of a lot
required in any zoning district, there shall not be included any land within the limits of a
street upon which such lot abuts, even if the fee to such street is in the owner of the lot;
except that if a corner lot at its street corner is bounded in part by a segment of curved
line not more than seventy five (75) feet in length connecting other lines bounding such
lot which if extended would intersect, the area and frontage required in such lot shall be
computed as if such potentially intersecting lines were so extended; but if a curved line
more than seventy five (75) feet in length is the whole of any one boundary line of a lot,
the minimum area and minimum frontage required shall be determined entirely within the
lines bounding such lot, including such curved line.
7.2.1. Access across street frontage
Access to each lot, except for corner lots, must be provided across the street frontage.
If access to a lot is not across the street frontage as of the date of the adoption of this
Section 7.2.1, the lot will not be considered non-conforming as to use or as to an existing
structure on that lot. (1994/39)
Exceptions to this requirement may be granted by the issuance of a Special Permit from
the Planning Board. A street frontage access Special permit may be granted for a lot in
any residential district provided that:
a)
The specific site is an appropriate location for access to the lot given the current
and projected traffic on the roadway, and the site distance to adjacent driveways
and roadways, and/or
b)
Special environmental conditions exit such as wetlands and/or steep slopes such
that access across the street frontage would require wetland filling or extreme
cutting and/or filling of slopes or' would be otherwise detrimental to the
environment,
c) The access will not adversely affect the neighborhood;
d) There will be no nuisance or serious hazard to vehicles or pedestrians;
e) The access is in harmony with the general purpose and intent of this Bylaw.
7.2.2 Frontage exception
Exceptions for meeting the frontage and lot width requirements required by sections 7.1.2
and 7.2 may be granted upon the approval of a Special Permit. The permit granting
authority shall be the Planning Board.
A street frontage and lot width exception Special Permit may be granted for a lot in any
residential district provided that:
a)
The area of the lot exceeds by three (3) times the minimum lot area required for
that district;
b)
The lot has a minimum continuous street frontage of not less that fifty (50) feet and
a width of not less than (50) feet at any point between the street and the site of the
dwelling;
c) There is not more than one other such lot with frontage contiguous to it: and
d) It is so located as not to block the possible future extension of a dead end street.
e) The creation of the frontage exception lot will not adversely affect the
neighborhood;
The creation of the frontage exception lot is in harmony with the general purpose
and intent of this Bylaw;
f) No such lot as described above on which a dwelling is located, shall be hereafter
reduced in area below the minimum area required in Section 7'.1 (1985/16)
7.3 Yards (Setbacks)
Minimum front, side and rear setbacks shall be as set forth in Table 2, except for eaves
and uncovered steps. 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.
7.4 Building Heights
Maximum heights of buildings and structures shall be as set forth in Table 2. The
foregoing limitations of height in feet in the designated zoning districts shall not apply to:
1. Farm buildings on farms of not less than ten (10) acres.
2. Nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads,
penthouses, processing towers, and other accessory structural features usually
erected at a height greater than the main roofs of any buildings.
3. Nor to domes, bell towers, or spires of churches or other buildings, provided all
features are in no way used for living purposes.
4. And further provided that no such structural feature of any non-manufacturing
building shall exceed a height of sixty five (65) feet from the ground.
5. Nor of a manufacturing building a height of eighty five (85) feet from the ground.
7.5 Lot Coverage
Maximum lot coverage by buildings shall be as forth in Table 2. Lot coverage shall mean
the percent of the lot covered by principal and accessory structures.
7.6 Floor Area Ratio
Maximum floor area ratio (FAR) shall be as set forth in Table 2. FAR is the ratio between
the total amount of building floor area on all Usable floors and the area of the lot on which
it is located.
7.7 Dwelling Unit Density
Maximum dwelling unit density (dwelling units per acre) shall be as set forth in Table 2
7.8 Exceptions
1. The residential lot areas and frontages above required and listed in Table 2 shall
not apply in any residence district to any lot of less area or less frontage than
above required if such lot be not adjoined by other land of the same owner,
available for combination with or use in connection with such lot, provided that the
applicant for a building permit on any such lot shall show by citations from the
Essex County Registry of Deeds incorporated in or attached to such application
that such lot was lawfully laid out and duly recorded by plan or deed prior to
January 9, 1957 and provided that on such a lot there shall be kept open and not
built upon a front yard and a rear yard each not less than 20 feet deep, and two
side yards, each not less than 12 feet wide; and further provided that such lot shall
have a minimum street frontage of 50 feet and a minimum lot area of 5,000 square
feet.
o
In Residence 4 (R4) Districts only, two or more vacant lots, mutually adjoining, may
with a Special Permit from the Board of Appeals be permitted to be combined into
a new lot or lots of not less than 10,000 square feet area each, and with not less
than 100 feet street frontage, provided it be shown to the Board of Appeals that
each such lot was lawfully laid out and duly recorded by plan or deed prior to
January 9, 1957 and the Building Inspector shall permit the construction of one
single family dwelling on each such 10,000 square foot lot.
As described in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall apply
to land shown on an approved definitive subdivision plan as defined by the
Subdivision Control Law, for the length of time described in M.G.L. Ch 40A.
As described in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall affect
the use of land shown on an endorsed Approval Not Required Plan, as defined by
the Subdivision Control Law, for the length of time described in M.G.L. Ch 40A.
ARTICLE AUTHORIZATION TO OPERATE OS~OOD HILL CONFERENCE CENTER. To see
if the Town will vote to authorize the use of a revolving fund for fiscal year
1996, as established under Article 7 of the October 24, 1994, Special Town
Meeting for the purposes of operating the Osgood Hill Conference Center, pursuant
to Massachusetts General Laws, Chapter 44, Section 53E 1/2; and that no funds
were collected or expended from said revolving fund during the period of
October 24, 1994, to December 31, 1994; and further all receipts relating to the
operation of the Conference Center including, but not limited to seminars,
conferences, and functions, will be credited to the revolving fund; and that no
expenditure be made from the revolving fund without the authorization of the Town
Manager, and that the total expenditures charged to the revolving fund will not
exceed $ 251,000 in fiscal year 1996 or to take any other action relative
thereto.
Board of Selectmen
54
ARTICLE AMEND AUTHORIZATION OF FUNDS APPROPRIATED FOR THE
ADDITION/RENOVATION OF TOWN HALL TO RENOVATE THE TEXTILE MUSEUM TO BE USED FOR
TOWN HALL. TO see if the Town will vote to amend the vote of Article 9, Item 30,
of the May 2, 1994, Annual Town Meeting in the sum of $ 500,000 for the purpose
of an Addition/Renovation to Town Hall (including design and equipping) by
amending the purpose of the appropriation to be, as follows:
That sum of $ 500,000 be expended under the direction of the Town
Manager (with the approval of the Board of Selectmen) for the
purpose of renovating, equipping, and furnishing the Museum of
American Textile History building on Massachusetts Avenue., in order
to use and occupy said location for Town Hall offices, or to take
any other action relative thereto.
Board of Selectmen
55
ARTICLE LEASE AGREEMENT FOR USE AND OCCUPANCY OF THE TEXTILE MUSEUM FOR
TOWN HALL OFFICE BUILDING. TO see if the Town will vote to authorize the Town
Manager, with the approval of the Board of Selectmen, to enter into a lease (or
lease/purchase contract) for a term in excess of three years for the purpose of
leasing approximately 24,000 square feet of office space for use, as Town Hall
Administrative offices; and further to raise and appropriate a sum of $
or any other sum, for first year lease payments, use and occupancy expenses; or
take any other action relative thereto.
Board of Selectmen
ARTICLE ESTABLISHMENT OF A FACILITIES ACQUISITIONS/DEBT SERVICE RESERVE
FUND. To see if the Town will vote to raise and appropriate the sum of $
or any other sum, of which said sum shall be contingent upon the approval of the
voters of a general override of Proposition 2 1/2, so-called, for the
establishment of a Facilities Acquisitions/Debt Service Reserve Fund. Said fund
is established in order to provide the necessary funding within the tax levy for
debt service or acquisition costs directly associated with design, renovation and
new construction to meet the needs of municipal facilities, as authorized by Town
Meeting; or to take any other action relative thereto.
Board of Selectmen
57
ARTICLE SENIOR CITIZEN TAX RELIEF PROGRAM. To see if the Town will
vote to raise and appropriate or transfer from available funds, the sum of
$ for the purpose of providing senior citizens and disabled
homeowners with a real estate tax payment voucher program pursuant to an
agreement to be formulated by the Council On Aging and approved by the Town
Manager or to take any other action related thereto.
Board of Selectmen
58
ARTICLE DESIGNATION OF A JOINT ECONOMIC OPPORTUNITY AREA. To see if the
Town will vote to designate, as a Joint Economic Opportunity Area with the City
of Lawrence, a portion of Census Tracts 2531, 2532.01, 2532.02, 2532.03, 2532.04
more particularly described and shown on the map which is on file with the Town
Clerk. Further, the Town authorizes the Board of Selectmen to offer, subject to
Town Meeting approval, the granting of special assessments or tax increment
financing packages for qualified economic development projects undertaken within
said economic opportunity area. ~
Kenneth Mahony, Dir., Plann. & Com~.
59
I~AREN H.P. NELSON
Director
BUILDING
CONSERVATION
HEALTH
PLANNING
Town of
NORTH ANDOVER
DIVISION OF
PLANNING & COMMUNITY DEVELO
March 10, 1995
MEMORANDUM
TO:
FROM:
Kevin Mahon~/~i~g Town Manager
Kenneth M~, D±reztor
That the Town of North Andover Designate, as a Joint Economic
Opportunity Area with the City of Lawrence, a portion of Census
Tracts 2531, 2532.01, 2532.02, 2532.03, 2532.04 more particularly
described and shown on the map which is on file with the Town
Clerk. Further, the Town authorizes the Board of Selectmen to
offer, subject to Town Meeting approval, the granting of special
assessments or tax increment financing packages for qualified
economic development projects undertaken within said economic
opportunity area.
/dmd
3-10.DIR
ARTICLE AMEND TOWN OF NORTH ANDOVER CODE - SECTION 1-6 NONCRIMINAL
DISPOSITION OF VIOLATIONS. To see if the Town will vote to amend Section 1-6 of
the Town of North Andover Code concerning "Noncriminal disposition of violations"
by adding the following paragraphs to the end of that section:
Without intending to limit the generality of the foregoing, the following
Board of Health Regulations and penalties therefor may be enforced as a non-
criminal offense in accordance with Massachusetts General Laws Chapter 40,
Section 21D. The penalties set forth herein shall apply to each separate offense
or violation of the regulations. Each day on which any violation exists shall
be deemed to be a separate offense. The Board of Health shall determine the
disposition of all complaints or requests for enforcement made pursuant to this
By-law. The Board of Health or its specific designee may enforce a decision of
the Board regarding the non-criminal disposition of a complaint or request for
enforcement.
APPLICABLE BOARD OF HEALTH REGULATIONS
Article X, Minimum Sanitation Standards for
Food Service Establishments
Up to
$3O0.OO
Tobacco Control Regulations
Individual
Vendor or Food Establishment, first offense
, 2nd offense
, 3rd +
$ 25.00
$ 50.00
$100.00
$250.00
Dumpster regulations
$ 50.00
Regulations for Sewer Tie-in
$200.00
Rules and Regulations Governing the Practice
of Massage and the Conduct of Establishments
for the Giving of Massage, Vapor, Pool, Shower,
or other Baths in the Town of North Andover
$100.00
North Andover Board of Health Regulations
~ Watershed Pumping
$200.00
for Suntanning Establishments
$300.00
Gayton Osgood, Board of Health
6O
WARRANT ARTICLE
To see if the Town will vote to amend Section 1-6 of the Town
of North Andover Code concerning "Noncriminal disposition of
violations" by adding the following paragraphs to the end of that
section:
Without intending to limit the generality of the foregoing,
the following Board of Health Regulations and penalties therefor
may be enforced as a non-criminal offense in accordance with G.L.
c. 40, S. 21D. The penalties set forth herein shall apply to each
separate offense or violation of the regulations. Each day on
which any violation exists shall be deemed to be a separate
offense. The Board of Health shall determine the disposition of
all complaints or requests for enforcement made pursuant to this
By-law. The Board of Health or its specific designee may enforce
a decision of the Board regarding the non-criminal disposition of
a complaint or request for enforcement.
APPLICABLE BOARD OF HEALTH REGULATIONS
Article X, Minimum Sanitation Standards
for Food Service Establishments
Tobacco Control Regulations Individual
Vendor or Food Establishment, first offense
, 2nd offense
, 3rd +
Up to
$ 300.00
$ 25.00
$ 50.00
$ loo.oo
$ 250.00
Dumpster regulations
Regulations for Sewer Tie-in
50.00
200.00
Rules and Regulations Governing the
Practice of Massage and the Conduct
of Establishments for the Giving
of Massage, Vapor, Pool, Shower,
or other Baths in the Town of
North Andover
North Andover Board of Health Regulations
for Watershed Pumping
Regulations for Suntanning Establishments
$ 100.00
$ 200.00
$ 300.00
TOWN OF NORTH ANDOVER, MASSACHUSETTS
REQUE~ F~R INSERTION OF ARTICLE IN THE WARRANT FOR THE 19
ANNUAL TOWN MEETING
Date: March
,19 95
Board of Selectmen
Town Office Building
North An.dover, Massachusetts
Gentlemen:
It is hereby requested that the following Article be inserted in the Warrant for the 199 § North
Andover Annual Town Meeting:
(APPROPRIATION Article *: To see if the Town will vote to raise and appropriate the sum
ARTICLE) of $ , to be expended under the direction of the
for the purpose of
OR:
(OTHER)
Article.. *: To s~ if theTownwillvo~te amend Section 1-6 of
the Town of North Andover Code concerning "Noncriminal
disposition of violations" by adding the following
paragraphs to the end of the section:
SEE ATTACHED SHEET
(If PetitionerisaTown
Agency)
OR:
(If the insertion of the
proposed Article is at
the request of "ten or
more registered voters
of the town" under G.
L. c. 39, s. 10)
*Leave blank; the Ar-
ticle number will be
later determined
**Insert the name of
the first signer of the
Request.
Petition Of By:the~~
Petition of ** and others
Name Street Address
ARTICLE ACQUISITION AND RENOVATION FOR A YOUTH CENTER FACILITY. 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 sum
of $ 1,950,000.00 or any other sum for the purpose of acquisition, necessary
designer services, renovations of and reconstruction to an existing building to
be used as a Youth Center facility, including the purchasing of equipment and
furnishings therefore; to authorize the Town Manager to enter any contract or to
take any other action necessary to carry out the purpose of this project, and
that the Town Manager be required to retain the services of a qualified
construction manager to oversee the project, and to authorize the Town Manager
or his designee to apply for and expend any federal or state grants, accept
donations or other assistance for this project; and to determine whether this
appropriation shall be raised by borrowing or otherwise; and to authorize the
Board of Selectmen to petition the General Court for an act authorizing interest
on the borrowing to be capitalized during construction, if necessary; provided,
however, that no debt shall be incurred under this vote until the Town votes to
exempt from the limitatIons on total taxes imposed by Massachusetts General Laws
Chapter 59, Section 21C (Proposition 2 1/2) amounts required to pay the principal
of and interest on debt incurred under this vote, said exemption to apply to
those principal and interest payments less any receipt of any donations, federal
and state grants, if any; or to take any action relative thereto.
Board of Selectmen
Board of Selectmen Reco=~endation:
Finance Committee Recommendation=
61
ARTICLE CONSTRUCTION OF A FIRE STATION. 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 sum of $ 1,070,000.00
or any other sum to be expended under the direction of the Town Manager for the
purpose of constructing and equipping of a Fire Station, including any necessary
designer services related thereto, including the preparation of plans and
specifications; and to authorize the Town Manager to enter into any contracts or
to take any other action necessary to carry out the purpose of this project, and
that the Town Manager be required to retain the services of a qualified
construction manager to oversee the pro]ect, and to authorize the Town Manager
or his designee to apply for and expend any federal or state grants or other
assistance for this project, and to determine whether this appropriation shall
be raised by borrowing or otherwise; and to authorize the Board of Selectmen to
petition the General Court for an act authorizing interest on the borrowing to
be capitalized during construction, if necessary; provided, however, that no debt
shall be incurred under this vote until the Town votes to exempt from the
limitations on total taxes imposed by Massachusetts General Laws Chapter 59,
Section 21C (Proposition 2 1/2) amounts required to pay the principal of and
interest on debt incurred under this vote, said exemption to apply to those
principal and interest payments less any receipt of any federal and state grants
and other assistance, if any, or to take any action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
62
tTOWN OF NORTH ANDOVER, MASSACHUSETTS
REQb~EST FOR I~.~0N OF ARTICLE IN THE WARRANT FOR THE 19
.~c~WUAL TOWN MEETING
Board of Selectmen
Town Office Building
North An.dover, Massachusetts
Gentlemen:
It is hereby requested that the following Article be inserted in the Warrant for the 19 North
Andover Annual Town Meeting:
(APPROPRIATION Article~ *: To see if the Town will vote to raise and appropriate the sum
ARTICLE) of $ , to be expended under the direction of the
for the purpose of
OR:
(OTHER) Article ,*: To see if the Town will vote to
(If Petitioner is a Town
Agency)
Petition of the
By:
OR:
(If the insertion of the J Petition of
proposed Article is at J Name
more registered vo~ [
of the to~" under G. ~~~~~~~
*Leave blank; the Ar-
ticle number will be
later determined
**Insert the name of
the first signer of the
Request.
** and others
Street Address
Ms. Ann Marie Tucciarone
Office of Permits, Manager
120 Main St.
No. Andover, Mass. 01845
March 6, 1995
Ms. Tucciarone,
Please allow me to submit the following to be included in
the next Town Meeting to see if the Town will vote to
accept the roadway as a public way, namely "ANNE ROAD"
from Station # 0+26.67 to Station # 4+52.75 as shown on
the Plan entitled "Definitive Subdivision Plan of Land
Sideri Place No. Andover, Mass.", prepared by "Richard F.
Kasminski and Assoc., 200 Sutton St., No. Andover, Mass.
01845", dated "May 29, 1985", Sheet 2 of 4, and recorded
at Essex North Registry of Deeds as Plan # 10158, Received
and recorded January 17, 1986 at 2:25 PM., B 2116 P 1
attest Register of Deeds.
Respectful IX,/} ,
~S~s; se
Paisano Realty Trust
TOWN OF NORTH ANDOVER, MASSACHUSETTS
REQ~FO~!NSERTION OF ARTICLE IN THE WARRANT FOR THE 19
JO¥CE B,~ADS~AW ANNUAL TOWN MEETING
TOV~N CLERI~
NORTH A, NDOVER
95
Board of Selectmen
Town Office Building
North An.dover, Massachusetts
Gentlemen:
It is hereby requested that the following Article be inserted in the Warrant for the 19 North
Andover Annual Town Meetin,t[.:
Article *: To see if the Town will vote to raise and appropriate the sum
(APPROPRIATION
ARTICLE) of $ , to be expended under the direction of the
for the purpose of
OR:
Road acceptance (Scott Circle)
(OTHER)
Article *: To see if the Town v~lvoteto accept the roadway as a
public way, namely Scott Circle from Station 0+00 to station 5+50.36
as shown on a plan entitled "Whippoorwill Park" prepared by
Neve Associates, 447 Old Boston Road, Topsfield, 1~01983, prepared
for David and Cheryl Dickerson, One Scott Circle, North Andover,
MA 01845, dated February 15, 1991, Revised August 3, 1993 by
Scott Giles, 50 Deer Headow Road, North Andover, ~ 01845,
sheet 1 of 3 and recorded at Essex North Re§istry of Deeds as
Plan t12273.
(If PetitionerisaTown
Agency)
OR:
(If the insertion of the
proposed Article is at
the request of "ten or
more registered voters
of the town" under G.
L. c. 39, s. 10)
Petition of the
By:
Petition of Cheryl Dickerson
** and others
Street Address
*Leave blank; the Ar-
ticle number will be
later determined
**Insert the name of
the first signer of the
Request.
ARTICLE AUTHORIZATION TO RECONSTRUCT, REMODEL, AND CONSTRUCT ADDITIONS
TO THE NORTH ANDOVER MIDDLE SCHOOL. TO see if the Town will vote to raise and
appropriate, the sum of or any other sum to be expended under the
direction of the School Building Committee for the purpose of reconstructing,
remodeling and constructing additions to the North Andover Middle School,
including any necessary designer services related thereto, including the
preparation of plans and specifications, and the purchasing of equipment and
furnishing therefor; and that the School Building Committee be required to
retain the services of a qualified construction manager to oversee the
project; and to determine whether this appropriation shall be raised by
borrowing or otherwise; and to authorize the Board of Selectmen to petition
the General Court for an act authorizing interest on the borrowing to be
capitalized during construction, if necessary; provided, however, that no debt
shall be incurred under this vote until the Town votes to exempt from the
limitations on total taxes imgosed by Massachusetts General Laws Chapter 59,
Section 21C (Proposition 2 1/2) amounts required to pay the principal of and
interest on debt incurred under this vote, said exemption to apply to those
principal and interest payments less any receipt of any state construction
grant, if any, under Massachusetts General Laws Chapter 645 of the Acts of
1948, as amended; or to take any action relative thereto.
Board of Selectmen
65
/OWN CLt~R~ _
NO&'rCtt~O'i£~ONZN~ ~Yn~ x~z~mm~rr - ~o~zo~ o~ sze~ ~Y~w - ssc~zo~ 6.
To~ see~ if the To~ will vote to amend Section 6 of the Zoning Bylaw by
re~Zn~ ~h~~n~ si~n bylaw with the followin~ si~n bylaw or take any
other action relative thereto:
SECTION 6 SIGNS AND SIGN LIGHTING REGULATIONS
6.1
Authority and Interpretation
This Bylaw is adopted, as a General Bylaw pursuant t Chapter 93, Section
29-33, inclusive, as amended, and a Zoning Bylaw pursuant to Chapter 40-A, as
amended of the General Laws of the Commonwealth of Massachusetts. This Bylaw
is hereby declared to be remedial and protective, and is to be so construed
and interpreted as to secure the beneficial interests and purposes defined in
Section 6.2 of this Bylaw.
6.2 Purposes
The regulation and restriction of signs within the Town of North
Andover in order to protect and enhance the visual environment of the
Town for purposes of safety, convenience, information, and welfare of
its residents.
The restricting of signs and lights which overload the public's
capacity to receive information, which violate privacy, or which
increase the probability of accidents by distracting attention or
obstructing vision.
To encourage signage and lighting which aid communication, orientation,
identify activities, express local history and character, serve
educational purposes for the public good.
The reduction of visual and informational conflict among private signs
and lighting and between the private and public information systems.
6.3
Definitions
Accessory Sign - A sign that advertises activities, goods, products, or
a specific use, owner, or tenant, available within the building or on
the property on which the sign is located, or advertises the property
as a whole or any part thereof for sale or rent.
Building Frontage The length in feet of a ground floor level of a
building front or side facing a street (or facing a right-of-way
accessible from a street) that is occupied by an individual business.
Dimensional Sign A non-accessory sign containing no advertising and
giving direction to community (non-commercial) activities, buildings,
areas, such as churches, schools, playgrounds, museums, historical
sites, public buildings, etc. Sign not to exceed 12"x30".
4. Display Window Signs Temporary signs on the surface of or inside
66
8 o
10.
11.
12.
13.
14.
15.
16.
17.
~ I_,, ~t,£~r~ construct, ,
alter',
attacgY, UuSnd, and post.
Flagpole - A pole erected on a roof, or projecting from a building or
structure or on the ground.
Freestanding Sign Shall mean and include any sign not attached to a
building or the ground.
Ground Sign Any sign erected on the ground which is self-supported
and anchored to the ground.
Illuminated Sign - Illuminated szgn shall mean any sign illuminated by
electricity, gas, or other artificial light including reflective or
phosphorescent light and shall include location of source of
illumination.
Marquee Any sheltering structure of permanent construction projecting
from and totally supported by the wall and/or roof of a building.
Non-Accessory Sign - Any sign that is not an accessory sign.
Obscene shall have the meaning as that term is defined in
Massachusetts General Laws Chapter 272, Section 1. Massachusetts
General Laws, Chapter 272, Section defines "obscene" as follows:
appeals to the prurient interest of the average person applying
the contemporary standards of the county where the offense was
committed;
depicts or describes sexual conduct in a potentially offensive
way; and
lacks serious literary, artistic, or political or scientific
value.
Permanent Sign - Any sign permitted to be erected and maintained for
more than sixty (60) days.
Primary Sign - The principal accessory sign which may be a wall, roof,
or ground sign, as allowed in Section 6.6.
Projecting Sign kny sign which is attached or suspended from a
building or other structure and any part of which projects more than
twelve (12) inches from the wall surface of that portion of the
building or structure.
Roof Sign - Any sign erected, constructed, and maintained wholly upon,
connected to, or over the roof or parapet of any building with the
entire support on the roof or roof structure.
Secondary Sign - Is a wall, roof, or ground sign intended for the same
67
u?c w
N0~TH ~=~a~. p ' ~ ~i9~ but smaller dimensions and lettering,
· n ~4~on 6.6.
as allowed
still or moving device, light, letter, figure, word, model, banner,
pennant, trade flag, or representation that is designed to be seen from
outside the lot on which it is erected. It advertises activities,
goods, places, persons, objects, institutions, organizations,
associations, businesses or events, products, services, or facilities
available either on the property where the sign appears or mn some
other location. The definition includes electric signs in windows or
doors, but does not include window displays or merchandise. A sign may
be permanent or temporary.
19.
Sign Size (Area) The surface area of any sign is the entire area
within a single continuous perimeter enclosing the extreme limits of
lettering, representation, emblems, or other figures, together with any
material or color forming an integral part of the display or used to
differentiate the sign from the background against which it is placed.
Structural members bearing no sign copy shall not be included.
20.
Wall Sign - Any sign affixed to, suspended from or painted on a wall,
window, marquee, or parapet.
6.4
1.
Administration and Enforcement
Enforcement The Building Inspector ms hereby designated as the Sign
Officer and is hereby charged with the enforcement of this Bylaw.
so
The Sign Officer and his duly authorized agents shall, at
reasonable times and upon presentation of credentials, have the
power to enter upon the premises on which any sign is erected or
maintained in order to inspect said sign.
The Sign Officer is further authorized, upon notice as herein
provided, to order the repair or removal of any sign which in his
judgement is a prohibited non-accessory smgn, or is likely to
become dangerous, unsafe, or in disrepair, or which is erected or
maintained contrary to this Bylaw. The Sign Officer shall serve
a written notice and order upon the owner of record of the
premises where the sign is located and any advertiser, tenant, or
other persons known to him having control of or a substantial
interest mn said sign, directing the repair or removal of the
sign within a time not to exceed thirty (30) days after giving
such notice. If such notice and order is not obeyed within such
period of time, the Sign Officer and his duly authorized agents
shall, at reasonable times and upon presentation of credentials,
have the power to enter upon the premises on which said sign is
erected or maintained and repair or remove, or cause to be
repaired or removed, said sign.
68
JOY(
17
2 o
expenses incurred by the Sign Officer and his duly authorized
agents in repairing or removzng any sign shall be assessable
t~ ~st any person who failed to obey said notice and order and
Jha~/ be recoverable in any court of competent jurisdiction if
not paid within thirty (30) days after written notice of
assessment is given by the Sign Officer at any such person.
Permits:
No permanent sign shall be erected, enlarged, or structurally
altered without a sign permit issued by the Building Inspector.
Permits shall only be issued for signs in conformance with this
Bylaw. Permit applications shall be accompanied by two (2)
prints of scale drawings of the sign, supporting structure and
location. A copy of any relevant special permit shall also
accompany the application. All freestanding or roof signs shall
be registered and identified as required by Section 1407.0 of the
State Building Code.
Notwithstanding anything to the contrary in this Bylaw, any
permanent sign authorized under this Bylaw may contain any
otherwise lawful, non-commercial message which does not direct
attention to a business or to a service or commodity for sale in
lieu of any message or content described in the applicable
regulation.
Non-conformance of Accessory Signs:
Any non-conforming sign legally erected prior to the adoption of this
provision, may be continued and maintained. Any sign rendered non-
conforming through change or termination of activities on the premises
shall be removed within thirty (30) days of order by the Building
Inspector. No existing sign shall be enlarged, reworded, redesigned,
or altered in any way unless it conforms to the provisions contained
herein. Any sign which has been destroyed or damaged to the extent
that the cost of repair or restoration will exceed one-third (1/3) of
the replacement value as of the date of destruction shall not be
repaired, rebuilt, restored or altered unless in conformity of this
Bylaw.
Street Banners or Signs - Street banners or signs advertising a public
or charitable entertainment or event, by Special Permit from the Board
of Selectmen. Such a sign shall be removed within seven (7) days after
the event.
6.5
Prohibitions:
No sign shall be lighted, except by steady, stationary light, shielded
and directed solely at or internal to the sign.
69
5o
10.
11.
12.
13.
6.6
~Rr~'A~~on shall be permitted which casts glare onto any
resident[~f~remises or onto any portion of a way so as to create a
No sign shall be illuminated in any residential district between the
hours of 12:00 midnight and 6:00 a.m. unless indicating time or
temperature or an establishment open to the public during those hours.
No sign having red or green lights shall be erected within sight of a
traffic signal unless approved as non-hazardous by the Chief of Police.
No animated, revolving, flashing, or exterior neon sign shall be
permitted.
No pennants, streamers, advertising flags, spinners or similar devices
shall be permitted, except as allowed by the board of Selectmen.
Corner visibility shall not be obstructed.
No sign shall be erected, displayed, or maintained upon any rock, tree,
fence, or utility pole.
No sign shall be erected, displayed, or maintained if it contains any
obscene matter.
Flags and insignia of any Government when displayed in connection with
commercial promotion.
No sign shall obstruct any means of egress from a building.
Projecting signs are prohibited.
Non-accessory signs are prohibited except for directional signs as
allowed in Section 6.6, B.
Permitted Signs (Fee Required)
Residence District - Accessory Signs - The following signs are allowed
in a residence district as well as all other districts.
One (1) sign, either attached or freestanding, indicating only the name
of the owner or occupant, street number and permitted uses or
occupations engaged in thereon, not to exceed two (2) square feet in
area. Such sign may include identification of any accessory
professional office, home occupation, or other accessory uses permitted
in a residence district.
One (1) sign oriented to each street on which the premises has access,
either attached or freestanding, pertaining to an apartment development
or a permitted non-residential principal use of the premises, such sign
not to exceed ten (10) square feet in area.
70
NORT~ A~ ~]~'~'~hted s
One %z/ ~ contractor' s~n, not exceedin~ twenty-five (25)
~ar~ feet in area, maintained on the premises while construction is
· n pro~~containing information relevant to the project. Such
sign shall be removed promptly after completion of the construction.
4 o
One (1) unlighted identification sign at each public entrance to a
subdivision not exceeding twelve (12) square feet in area; to be
removed when the subdivision roadway is accepted by the Town.
5 o
Off-premises Signs: Only signs pertaining exclusively to the premises
on which they are located or to products, accommodations, services or
activities on the premises shall be allowed, except that an off-
premises directional sign, designating the route to an establishment
not on the street to which the sign is oriented, may be erected and
maintained within the public right-of-way at any intersection if
authorized by the Board of Selectmen or on private property if granted
a special permit by the Board if Appeals. Such sign shall be
authorized only upon the authorizing agency's determination that such
sign will promote the public interest, will not endanger the public
safety and will be of such size, location and design as will not be
detrimental to the neighborhood. At locations where directions to more
than one (1) establishment are to be provided, all such directional
information shall be incorporated into a single structure. All such
directional signs shall be unlighted, and each shall be not over four
(4) square feet in area.
Bo
Temporary Signs: Temporary signs shall be allowed as provided below,
and provided that they comply with the following:
(a)
Unless otherwise specified in the Bylaw, temporary signs must
comply with all applicable requirements for permanent signs,
including issuance of a sign permit.
Temporary signs, for not more than twelve (12) square feet in area,
erected for a charitable or religious cause; requires no sign permit
and is to be removed within thirty (30) days of erection. The Building
Inspector shall maintain placement controls.
One (1) temporary unlighted real estate sign advertising the sale,
rental or lease of the premises or subdivision on which it is erected
to be not larger than six (6) square feet; requires no sign permit if
the erecting agent has obtained a one year permit for erecting such
sign. (Such sign) to be removed fourteen (14) days after sale, rental
or lease.
One (1) temporary unlighted sign not larger than twenty-five (25)
square feet indicating the name and address of the parties involved in
construction on the premises.
Temporary signs not meeting requirements for permanent signs may
advertise sales, special events, or changes in the nature of an
operation, but shall not otherwise be used to advertise a continuing or
71
larly recurring business operation and shall be removed promptly
when the information they display is out of date or no longer relevant.
Temporary signs pertaining to a candidate or ballot question appearing
on the ballot of an election duly called in the Town of North Andover
shall require no sign permit and shall be allowed in all zoning
districts. Such signs permitted by this Bylaw:
(a)
(b)
(c)
(d)
(e)
shall only be permitted on private property;
shall not exceed six (6) square feet in area per sign and shall
not exceed in aggregate twenty-four (24) square feet in area per
lot;
shall not be higher than three (3) feet above ground level;
shall be stationary and shall noE be illuminated;
shall be erected no sooner than thirty (30) days prior to the
date of the election and shall be removed within three (3) days
after the election.
Unless otherwise specified in this Bylaw, temporary signs pertaining to
other non-commercial issues shall require no sign permit and shall be
allowed in all zoning districts. Such signs shall be subject to the
limitations set forth in subsection (5) (a)-(e) above.
Identification Signs or entrance markers for a church, or synagogue
shall not exceed a combined total of thirty (30) square feet and
provided that there shall be no more than two (2) signs allowed on the
premises.
Notwithstanding any other provisions of this Bylaw, signs may be
erected for posting land; example, no hunting, no trespassing, etc.
Do
Residence Districts: Non-accessory Signs Directional signs by
Special Permit from the Board of Selectmen, limited as follows:
1. Two (2) signs for each activity, not exceeding 6"x30" in size.
Ground szgns not exceeding eight (8) feet in height.
Business and Industrial Districts: Accessory
Ail signs permitted in residence districts as provided in Section
6.6(A) and 6.6(B), except that temporary real estate signs may be as
large as twenty-five (25) square feet.
Each owner, lessee, or tenant shall be allowed a primary and a
secondary sign. Said sign may be used as ground, wall, or roof signs.
No lot shall be allowed to have more than one (1) ground sign
structure.
One (1) temporary freestanding sign of not more than twenty-five (25)
square feet in area and extending not more than eight (8) feet above
72
of Appeals, if said Board determines that the particular
,, -- zw~Jr'Tsi~'i~ ~ be incongruous with the district in which it is to be
loc~'~or~3~njurious to traffic and safety conditions therein.
For premises having multiple occupants, a single sign, either attached
or freestanding, identifying those occupants. The total area of
attached signs including this one, shall not exceed ten percent (10%)
of wall area, and the area of any freestanding sign allowed under this
paragraph shall not exceed twenty-five (25) square feet.
Temporary unlighted signs inside windows, occupying not more than
twenty percent (20%) of the area of the window requires no sign permit.
No sign shall project more than one (1) foot over any public right-of-
way shall be covered by appropriate liability insurance as determined
by the Building Inspector and verified by a certificate of insurance
filed with the Town Clerk.
Service stations or garages may divide the allowed wall sign area into
separate, smaller wall signs indicating separate operations or
departments. A freestanding identification sign of fifty (50) square
feet with price sign incorporated is allowed.
Building directories (if located outside) may be affixed to the
exterior wall of a building at each public entrance. Such directory
shall not exceed an area determined on the basis of one (1) square foot
for each establishment occupying the building.
Traffic Control orientational and guidance signs located on private
property, up to four (4) square feet in area, displayed for purposes of
direction or convenience, including signs identifying parking, fire
lanes, rest rooms, freight entrances and the like.
E. Shopping Centers
Signs are permitted in residence districts, except that temporary real
estate signs may be as large as ten (10) square feet.
Signs attached to a building or its canopy, parallel with the facade
and not projection above the roof-line, advertising the name of a firm
or goods or services available on the premises, provided that the total
area of all signs erected on any wall by any occupant may not exceed
twenty percent (20%) of the portion of the wall area assigned to that
occupant. In no case shall any occupant's sign total more than two
hundred (200) square feet facing any single street.
For any retailing complex comprising three (3) or more enterprises on
a single lot and fifty thousand (50,000) square feet floor area or
more, one (1) freestanding sign for each street on which the
development fronts, containing the name or other identification of the
area occupied by the complex. Each sign shall be no larger than one
73
3 o
(100) square feet. Such sign shall not be located within ten
(~)~et of any property line or the line of any way, and no part of
~ 1~ s~ign shall be more than twenty (20) feet above the ground level.
Temporary, unlighted signs, inside windows, occupying not more than
fifty percent (50%) of the area of the window requires no sign permit.
Office Parks
Signs as permitted in residence districts, except that temporary real
estate signs may be as large as ten (10) square feet.
One (1) sign for each street upon which the premises has frontage,
identifying a subdivision of lots for office development. This sign
shall be no greater than eight (8) feet in height and no larger than
twenty (20) square feet in area except where the property fronts on a
high-speed, limited access highway, in which case a special exception
may be granted for a larger sign if required for legibility.
Signs for individual properties or tenants shall be limited to a single
sign no larger than three (3) square feet per tenant. Individual
tenants must have Letter of Permission from property owner. The Board
of Appeals may grant a Special Permit for an exception for a larger
area where this will not impair legibility of other signs or be
incongruous with the surroundings, based upon consideration of the
number of occupants and signs per building, size of building and
integration of sign and building design.
Ho
Industrial Districts
Signs as permitted in residence districts, except that temporary real
estate signs may be as large as twenty-five (25) square'feet.
Signs attached flat against the wall or canopy of a building, or
projecting not more than six (6) feet above such wall, advertising the
name of the firm or goods or services available or produced on the
premises; provided that the total area of all such sighs does not
exceed twenty percent (20%) of the area of the side of the building to
which they are attached or two hundred (200) square feet, whichever is
less.
One (1) freestanding sign, containing the name or other
identification of the use on the property, for each street on which the
property fronts, each sign is limited to an area of one hundred (100)
square feet. Such sign shall not be located closer than forty (40)
feet to any property line or twenty (20) feet above ground level.
Guidelines
The following are further means by which the objectives for signs can
be served. These guidelines are not mandatory, but degree of
74
-~~~~lwlth them shall be considered by the Special Permit Granting
N0 Aut n acting upon special permits authorized under this section,
~ i Tas ~~$~istency, with the basic sign objectives cited above.
Efficient Communication:
Signs should not display brand names, symbols or slogans of nationally
distributed products except in cases where the majority of the floor or
lot on the premises is devoted t manufacture or sale or other
processing of that specific product.
2 o
Premises chiefly identified by a product name (such as a gasoline or
auto brand) should devote some part of their permitted sign area to
also displaying the identity of the local outlet.
Signs should not contain selling slogans or other advertising which is
not an integral part of the name or other identification of the
enterprise.
Sign content normally should not occupy more than forty percent (40%)
of the sign background, whether a signboard or a building element.
Signs should be simple, neat and avoid distracting elements, so that
contents can be quickly and easily read.
Environmental Relationship
Sign design should take into consideration the scale of the street to
which the sign is oriented and the size, brightness, style, height and
colors of other signs in the vicinity.
Sign brightness should not be excessive in relation to background lighting
levels, e.g., averaging not in excess of one hundred (100) footlamberts in
the downtown or similarly bright areas and not in excess of twenty (20)
footlamberts in unlighted outlying areas.
Building Relationship
Signs should be sized and located so as to not interrupt obscure or hide
the continuity of columns, cornices, roof eaves, sill lines or other
elements of building structure and where possible, should reflect and
emphasize building structural form.
Sign material, colors and lettering should be reflective of the character
of the building to which the sign relates, just as sign size should be
related to building size.
Clutter should be avoided by not using support brackets extending above the
sign or guy wires and turn buckles.
Landscaping, Buffering, Lighting
75
~, ~0~p ~ Centers and Office Parks, landscapin~ shall be provided and
maintained in accordance with plantin~ approved by the Plannin~ Board and
~ ~ ~ ~o~~ted~pe~s isaSbased.part of the plans on which the Special Pe~it of the Board
2 o
In all industrial districts, landscaping shall be provided and maintained
in front yards and in side yards abutting public ways for aesthetic reasons
to break up lines of buildings and for screening accessory facilities under
the requirements discussed below. Specifically, in all Industrial and
Business Districts, landscape screening shall be provided adjacent to:
a. Abutting existing residential properties; and
Abutting limited access highways in addition to the landscaping in
front and side yards mentioned above.
Landscape screening shall consist of planting, including evergreens,
the plantings to be of such height depth as is needed to screen
adequately from view from abutting area any unshielded light source,
either inside or outside.
Board of Selectmen
Board of Selectmen Recommendation:
Planning Board Recommendation:
76
ARTICLE ADOPTION OF PROVISIONS OF CHAPTER 30B, SECTION 12. To see if
the Town will vote, in accordance with the provisions of Massachusetts General
Laws Chapter 30B, Section 12 B, to authorize the Town Manager in his capacity,
as Chief Procurement Officer, with the approval of the Board of Selectmen, to
solicit and award contracts exceeding three years, including and renewal,
extension or~', provided iu each instance the longer term is determined to be
in the best in~~,~
rest of the town.
Board of Selectmen
77
TOWN OF NORTH AN-DOVER
120 Main Street
North Andover, MA 01845
Facsimile Transmittal Form
Date:
Addressee:
Name:
Firm:
Street:
City, St., Zip:
Facsimile Phone Number:
From:
James P. Gordon, Town Manager
Town of North Andover
Town Manager/Board of Selectmen Office
120 Main Street
North Andover, MA 01845
Telephone: (508) 688-9510
Fax Number: (508) 682-2996
Total Number of Pages, Including This Form:
Additional Comments: .~~ ~
Suggested by jOhn Leeman
ARTICLE . ADOPTION OF PROVISIONS OF CHAPTER 30B, SECTION 12. To see if
the Town will vote, in accordance with the provisions of Massachusetts General
Laws Chapter 30B, Section 12 B, to authorize the Town Manager in his capacity,
as Chief Procurement Officer, with the approval of the Board of Selectmen, to
solicit and award contracts exceeding three years, including and renewal,
extension o~_..~_provided in each instance the longer term is determined to be
in the best interest of the town.
Board of Selectmen
77
suggested by John Leeman
ARTICLE ADOPTION OF PROVISIONS OF CHAPTER 30B, SECTION 12. To see if
the Town will vote, in accordance with the provisions of Massachusetts General
Laws Chapter 30B, Section 12 B, to authorize the Town Manager in his capacity,
as Chief Procurement Officer, with the approval of the Board of Selectmen, to
solicit and award contracts exceeding three years, including and renewal,
extension ~provided in each instance the longer term is determined to be
in the best interest of the town.
Board of Selectmen
77
/o
REQUEST FOR INSERTION OF ARTICLE IN TIlE WAItRANT l,t~l~ I HE 19 /
ANNUAL TOWN IVlEETING /
/
Date: March 14 ID 95
Board o! Selectmen
Town Office Building
North Anilover, Massachusetts
Gentlemen:
It is hereby requested that the following A_*tide be inserted in the Warrant for the 19 14d~th
Andover Annual Town Meeting: ~
Artid. *: To see il the Town will vot~ to raise end appropriate the sum
(AP.PROPEIATION
ARTICI,I~.) of $ , to be expended under the direction of the
"for tim putpos~ of
OR:
~OTtt~R)
Article __ *: 'i.o see if tile i'own wm vote to acquire by ~minent dcxrain
that portion of Rea Street from Sun, er Street to North Cross Road as shown
on "Subdivision Plan of Land of Francis Estates in North Andover, Mass., drawn
for E.C.S., Inc., PO Box 177, Pinehurst, Mass., Scale 1"=40', Dec. 1984, Rev.
June 1985, Merrimack Engineerin9 Services, 66 Park Street, Andover, Mass.
01810", which plan is recorded in the Essex North Registry of Deeds as Plan
No. 10015, and at the discretion of the Department of Public Works to expend
as much as necessary of the subdivision performance bond funds released upon
demand of the Town, and now held by the Town, to complete the final pavin9
of that portion of Rea Street.
ill Petitioner is aTown
Agency)
OR:
(1[ tim insertion of the
proposed Article is et
the request of '*ten or
more registered vote~8
of the town" tinder 0.
L e. 39, s. 10)
Petition of the
By:
Petition of
GINA ARMANO
** and otl~ers
Street Address
*Leave blankg tile Ar-
ticle number will be
later detennined
**Insert the name of
the first signer of the
TOWN OF NORTH ANDOVER, MASSACHUSETTS
~: REQ~ST FOR INSERTION OF ARTICLE IN THE WARRANT FOR THE 19
.... ~ ~ =~ ANNUAL TOWN MEETING
To~ O~u~
Gentlemen:
It is hereby requested that the following Article be inserted in the Warrant for the 19 North
Andover Annual Town Meeting.:
(J, PPROPRIATION Article. *: To see if the Town will vote to raise and appropriate the sum
ARTICLE) of $ ., to be expended under the direction of the
for the purpose of
OR:
(OTHER)
Article *: To see if the Town will vote to
add the following language to the end of Paragraph 9.1, SECTION 9 - NON- CONFO1LM1NG
USES.
'%Vhen a pre existing structure has been made non-conforming due to changes in the lot size
required by this bylaw, such structure may be extended or altered based on a finding by the
Zoning Enforcement Officer that such structure after the change meets all current zoning
requirements except for lot size."
(If Petitioner is a Town
Agency)
OR:
(If the insertion of the
proposed Article is at i
the request of "ten or i
more registered voters i
of the town" ,ruder G.
L. c. 39, s. 10)
*Leave blank; the Ar-
ticle number will be
later determined
**Insert the name of
the first signer of the
Request.
Petition of the
By:
Petition of ~--~
Name
** and others
Street Address
TOWN OF NORTH ANDOVER, MASSACHUSETTS
REQUEST FOR INSERTION OF ARTICLE IN THE WARRANT FOR THE 19
ANNUAL TOWN MEETING
Board of Selectmen
Town Office Building
North An.dover, Massachusetts
Date: ,19
Gentlemen:
It is hereby requested that the following Article be inserted in the Warrant for the 19 North
Andover Annual Town Meeting:
(APPROPRIATION Article. *: To see if the Town will vote to raise and appropriate the sum
ARTICLE) of $ , to be expended under the directiOn of the
for the purpose of
OR:
(OTHER)
TITLE OF ARTICLE: Prohibition of Power Boats on Lake Cochichewick
Ar~cle *: To see if theTownwillvoteto amend the Code of North
Andover by the creation of a Bylaw which prohibits the use
of all gasoline or diesel powered boats on Lake Cochichewick
and its tirbutaries, unless otherwise authorized by the
Department of Public Works for lake monitoring procedures and/or
emergencies.
(If PetitionerisaTown
Agency)
OR:
(If the insertion of the
proposed Article is at
the request of "ten or
more registered voters
of the town" under G.
L. c. 39, s. 10)
*Leave blank; the Ar-
ticle number will be
later determined
**Insert the name of
the first signer of the
Request.
Petition of the
By:
Petition of George Reich of 284 Salem Street
** and others
Name
Street Address
!
TOWN OF NORTH ANDOVER, MASSACHUSETTS
REQUEST FOR INSERTION OF ARTICLE IN THE WARRANT rO~~':19
ANNUAL TOWN
~DO~E~
Board of Selectmen
Town Office Building
North An.dover, Massachusetts
Gentlemen:
It is hereby requested that the following Article be inserted in the Warrant for the 19 North
Andover Annual Town Meeting:
.~RTICLE *: To see if the Town will vote to amend the
North Andover Zoning Ordinance together with the Zoning Map to
change from R1 and R2 to R3, the premises South of Pleasant Street
and North of Great Pond Road as further hereinafter described:
The land shown on Registered Land Plan Number 33537C filed
with the North Essex Registry of Deeds and shown on said plan as
Lots 4 thru 14 inclusive and an unregistered parcel of land shown
on said plan as belonging to Daniel J. Murphy, bounded as follows:
Southeasterly
Westerly
Northeasterly
Northeasterly
By the Northwesterly line of Great Pond Road, 215.00
feet, 250.25 feet, and 49.65 feet;
By land of various owners, 253.03 feet, 159.97 feet,
64.14 feet, 194.12 feet, 222.41 feet, 136.58 feet,
127.20 feet, 143.98 feet, 23.60 feet, 283.32 feet,
15.50 feet, 135.00 feet, 108.48 feet, and 54.25
feet;
By the Southwesterly line of Pleasant Street, 52.53
feet, 120.80 feet, 98.40 feet, 100.00 feet, 90.02
feet, 71.50 feet, 20.00 feet, 129.14 feet, 37.50
feet, 125.00 feet, 46.50 feet, 78.85 feet, 31.00
feet; and
By tho Northwesterly line of the Massachusetts
Electric Company Easement as it runs from Pleasant
Street to Great Pond Road.
(If PetitionerisaTown
Agency)
OR:
(If the insertion of the
proposed Article is at
the request of "ten or
more registered voters
of the town" under G.
L. c. 39, s.
*Leave blank; the Ar-
ticle number will be
later determined
**Insert the name of
the first signer of the
Request.
Petition of the
By:
Petition of DO(J(.~-L-/~ ~'-, ,E/.- ~/
** and others
Street Address
,,
TOWN OF NORTH ANDOVER, MASSACHUSETTS
REQUEST FOR INSERTION OF ARTICLE IN THE WARRANT ANNUAL TOWN MEETING
Board of Selectmen
Town Office Building
North An.dover, Massachusetts
Gentlemen:
It is hereby requested that the following Article be inserted in the Warrant for the 19 North
Andover Annual Town Meeting:
ARTICLE *: To see if the T,~wn will vote to amend the
North Andover Zoning Ordinance together with the Zoning Map to
change from R1 and R2 to R3, the premises South of Pleasant Street
and North of Great Pond Road as further hereinafter described:
The land shown on Registered Land Plan Number 33537C filed
with the North Essex Registry of Deeds and shown on said plan as
Lots 4 thru 14 inclusive and an unregistered parcel of land shown
on said plan as belonging to Daniel J. Murphy, bounded as follows:
Southeasterly
Westerly
Northeasterly
Northcasterly
By the Northwesterly line of Great Pond Road, 215.00
feet, 250.25 feet, and 49.65 feet;
By land of various owners, 253.03 feet, 159.97 feet,
64.14 feet, 194.12 feet, 222.41 feet, 136.58 feet,
127.20 feet, 143.98 feet, 23.60 feet, 283.32 feet,
15.50 feet, 135.00 feet, 108.48 feet, and 54.25
feet;
By the Southwesterly line of Pleasant Street, 52.53
feet, 120.80 feet, 98.40 feet, 100.00 feet, 90.02
feet, 71.50 feet, 20.00 feet, 129.14 feet, 37.50
feet, 125.00 feet, 46.50 feet, 78.85 feet, 31.00
feet; and
By the Northwesterly line of the Massachusetts
Electric Company Easement as it runs from Pleasant
Street to Great Pond Road.
(If PetitionerisaTown
Agency)
OR:
(If the insertion of the
proposed Article is at
the request of "ten or
more registered voters
of the town" ,ruder G.
L. c. 39, s. 10)
*Leave blank; the Ar-
ticle number will be
later determined
**Insert the name of
the first signer of the
Request.
Petition of the
By:
Petition of
Name
** and others
Street Address
TOWN OF NORTH ANDOVER, MASSACHUSETTS
REQUEST FOR INSERTION OF ARTICLE IN THE WARRANT FOR
ANNUAL TOWN MEETING
Board of Selectmen
Town Office Building
North An.dover, Massachusetts
Gentlemen:
It is hereby requested that the following Article be inserted in the Warrant for the 19 North
Andover Annual Town Meetin$.: _
Article __. To see if the Town will vote to raise and
appropriate the sum of $100.00 to be expended under the direction
of the Board of Selectmen for the purpose of acquiring by purchase,
eminent domain, gift, grant or otherwise, an easement for drainage
over and under a parcel of land now owned by William Crafton and
Mary Lou Crafton see deed recorded with the North Essex Registry of
Deeds in Book 1725, at Page 231 and any other persons with an
established right in the following describedpremises:
A strip of land twenty feet in width over a portion of Lot No.
14 on a plan entitled, "Definitive Plan 'Raleigh Tavern Estates'
North Andover, Massachusetts, Owner, Old North Andover Realty
Trust, Engineer, Hayes Engineering, Inc." dated May 15, 1968 and
recorded in North Essex Registry of Deeds as Plan No. 5913. Said
strip commencing at a point on the Southeasterly line of Raleigh
Tavern Lane at station 9 + 04.34; thence travelling N 48° 02' 00"
East for a distance of 140.00 feet; thence travelling S 41° 58' 00"
East for a distance of 20.00 feet; thence travelling S 48° 02' 00"
West for a distance of 140.00 feet; to another point on the
Southeasterly line of Raleigh Tavern Lane at Station 9 + 24.34;
thence travelling N 41° 58' 00" West along the Southeasterly
boundary of Raleigh Tavern Lane for a distance of 20.00 feet to the
point of beginning.
Including without limiting any and all rights necessary to
provide drainage over and under said strip, the perpetual rights
and easements to construct, inspect, repair, remove, replace,
operate and forever maintain (a) pipes, conduits, and their
appurtenances for the conveyance of water, (2) a covered surface
and ground water drain or drains with any manholes, pipes, conduits
and their appurtenances, and (3) rights of flowage over the surface
for surface and ground water drainage including the right to alter
the surface contours to contain, direct, and control the flow of
said water and to do all other acts incidental to the foregoing,
including the right to pass along and over the land for the
aforesaid purposes, over, in, through and under the whole of said
twenty(20) footlstrip of land.
the inserti~ o~ the
proposed Article is at ~ . f ~me ~ Stm~ Addm~ ~
/
more registe~d voteml ~~ ~ ~. ~-) ~~ ~ . :,~ ~ ~a ~ ~
°fthet°~"~mderL. c. 39, s. 10) G.l~~/ ~ ~ ~~: ~ ~~~~~~
fide number ~ be . , ~,
laterdete~ed , ~ ,/~ ~~ ~
- ./
the fi~t sider of the ~ '' ~ ~ -
-t ~ / ' %/~ - , ~
TOWN OF NORTH ANDOVER,, MASSACHUSETTS,
REQUEST FOR INSERTION OF ARTICLE IN THE WARRANT FOR THE 19~
ANNUAL TOWN MEETING
Board of Selectmen
Town Office Building
North An~lover, Massachusetts
Gentlemen:
It is hereby requested that the Iollowh~g Article be. h~serted hn the Warrant lot tho lg
Andover Annual Town Meetk~:
North
Article . To see if 'the Town will .Qote to raise and
appropriate the sum of $100.00 to be expended under the direction
of the Board of Selectmen for the purpose of acquiring by purchase,
eminent domain, gift, grant or otherwise, an easement for drainage
over and under a parcel of land now owned by William Crafton and
Mary Lou Crafton see deed recorded with the North Essex Registry of
Deeds in Book 1725, at Page 231 and any other persons with an
established right in the following described premises:
A strip of land twenty feet in width over a portion of Lot No.
14 on a plan ehtitled, ,'Definitive Plan 'Raleigh Tavern Estates',
North Andover, Massachusetts, Owner, Old North Andover Realty
Trust, Engineer, Hayes Engineering, Inc." dated May 15, 1968 and
recorded in North Essex Registry of Deeds as Plan No. 5913. Said
strip commencing at a point on the Southeasterly line of Raleigh
Tavern Lane at station 9 + 04.34; thence travelling N 48° 02' 00"
East for a distance of 140.00 feet; thence travelling S 41° 58' 00"
East for a distance of 20.00 feet; thence travelling S 48° 02' 00"
West for a distance of 140.00 feet; to another point on the
Southeasterly line of Raleigh Tavern Lane at Station 9 + 24.34;
thence travelling N 41° 58' 00" West along the Southeasterly
boundary of Raleigh Tavern Lane for a distance of 20.00 feet to the
point of beginning.
Including without limiting any and all rights necessary to
provide drainage over and under said strip, the perpetual rights
and easements to construct, inspect, repair, remove, replace,
operate and forever maintain (a) pipes, conduits, and their
appurtenances for the conveyance of water, (2) a covered surface
and ground water drain or drains with any manholes, pipes, conduits
and their appurtenances, and (3) rights of flowage over the surface
for surface and ground water drainage including the right to alter
the surface contours to contain, direct, and control the flow of
said water and to do all other acts incidental to the foregoing,
including the right to pass along and over the land for the
aforesaid purposes, over, in, through and under the whole of said
~enty (20) foot strip of land.
(If the insertion of the
proposed Article is at
the request of "ten or
more registered voters
of the town" ~mder G.
L~ c, 39, s. 10)
*Leave blank; the Ar-
ticle number will be
later determined
**Insert the name of
the first signer o! the
Request.
Name f~, ~ Street Ad~
TOWN OF NORTH ANDOVER, MASSACHUSETTS
REQUEST FOR INSERTION OF ARTICLE IN THE WARRANT FOR THE 19
ANNUAL TOWN MEETING
Board of Selectmen
Town Office Building
North An.dover, Massachusetts
Da~:
Gentlemen:
It is hereby requested that the following Article be inserted in the Warrant for the 19 North
Andover Annual Town Meeting,:
Article *: To see if the Town will vote to raise and appropriate the sum
(APPROPRIATION
ARTICLE) of $. , to be expended under the direction of the
for the purpose of
Rezoning our residential property at 57 Turnpike St. (Rt. 114), to commercial
(business). Due to the recent road expansion of Turnpike St. (Rt. 114) in our
area, residential living has become non-conducive and virtually impossible
to sell the property as residential. We have had inquiries from commercial
realtors about the property, and they have also suggested that we look into
rezoning.
OR:
(OTHER)
Article __
*: To see if the Town will vote to
(If Petitioner is a Town
Agency)
OR:
(If the insertion of the
proposed Article is at
the request of "ten or
more registered voters
of the town" under G.
L. c. 39, s. 10)
*Leave blank; the Ar-
ticle number will be
later determined
**Insert the name of
the first signer of the
Request.
Petition of the
By:
Petitionof~)l///'t~f)~ ~. ~ ~/al~C) fi"~-~-~O-Ct/._ .** and others
~ame ~ Street Address
TOWN OF NORTH ANDOVER, MASSACHUSETTS
REQUEST FOR INSERTION OF ARTICLE IN THE WARRANT FOR THE 19~1~
~er-~ f~,~c,_~ ANNUAL TOWN MEETING
Date:
Board of Selectmen
Town Office Building ~
North An.dover, Massachusetts
Gentlemen:
It is hereby requested that the following Article be inserted in the Warrant for the 19~ No~
Andover Annual Town Meeting.:
Article *: To see if the Town will vote to raise and appropriate the sum
(APPROPRIATION
ARTICLE) of $ , to be expended under the direction of the
OR:
(OTHER)
for the purpose of
l{ezoning our residential property at 47 Turnpike St. (Rt. 114), to commercial
(business). Due to the recent road expansion of Turnpike St. (Rt. 114) in our
area, residential living has become non-conducive and virtually impossible
to sell the property as residential. We have had inquiries from commercial
realtors about the property, and they have also suggested that we look into
rezoning.
Article __
*: To see if the Town will vote to
(If Petitioner is a Town
Agency)
OR:
(If the insertion of the
Petition of the
By:
Petition of ~a~ ~- 4 ~~ ~-1o ~~ ** and others
proposed Article is at Name Street Address
the request of "ten or [ k/ ~_ .: ._../___~ ,~..
more registered voters
elL. thee. 39,town"s. 10)under G. i ~~_'~~
*Leave blank; the Ar-
ticle number will be
later determined /c,-~~C~
**Insert the name ofl~_.~A~ ,1~.~
the fimt sider of the~./ /~~~
R~uest. ~~ ~
zoning deSignation from z-zz?.a.:nt:.al to business-4 which lot 13 now a~u~s~ ~ of land
situated at Turnpike Street, North Andover, bounded and ql~ed ~ ~ t~o~n exhibits.
Exhibit A
57 Turnpike Street as being shown as lot 13 on a plan entitled "Plan of North Andover, Ma., owned by
Joseph F. Kelly dated April 20, 1955, Ralph B. Brasseur, C.E., recorded with Essex County North District
Registry of Deeds as plan No. 3001 and more particularly bounded and described as follows.
NORTHEASTERLY by Salem Turnpike (State Highway) one
hundred, twenty-two and 86/100 (122.86) feet;
SOUTHERLY
by land now or formally of Connelly, as
shown on said plan, two hundred, seventy-six
and 76/100 (276.76) feet; and
NORTHWESTERLY by Lot 11, on said plan, two hundred,
forty-eight (248.00) feet.
Containing 15,235 square feet of land, more or less, according to said plan.
47 Turnpike Street as being shown as lot 11 on a plan entitled "Plan of North Andover, Ma., owned by
Joseph F. Kelly dated April 20, 1955, Ralph B. Brasseur, C.E., recorded with Essex County North District
Registry of Deeds as plan No. 3001 and more particularly bounded and described as follows.
NORTHEASTERLY by Salem Turnpike (State Highway) eighty (80) feet;
SOUTHEASTERLY by lot 13, on said plan, two hundred and forty-
eight (248) feet;
SOUTHERLYby land of owners unknown, forty-six and 29/100
(46.29) feet;
SOUTHWESTERLYby part of lot 10 and part orS, both on said plan
sixty-seven and 05/100 (67.05) feet;
NORTHWESTERLY by lot 9, on said plan, two hundred fifty-eight
and 44/100 (258,44) feet.
Contains 21,810 square feet of land, according to said plan.
LoT
¢
-,/~,~bA'l'lc~P.J' IF d,~
__":t A,'~. _
I/
TO THE H~'/',.~A¢I~t6 ~A~Jv... Am .s T,T'E INsuRERs
~ H[,~T CERTIFY T.~T ~ )WE ~,HED THE ..EraSES M) A,, EASE.~.T$.
~) ~.....~S ~.E LOCATED O. THE ~OU.D AS S.O~..
i fU#TItI~# CI~.RTIF¥ THAT THE BUll. DIN6 SHOWN CONFORMED TO TM ZONING LAWS AND
MISNDMENTS, Le, II~ONT, ~DS AND REAB YARD SET~J¢.KS ONLYI OF I~. Ai~7¢~:~.. WHi~ CONSTRUCTED
! FURTH[.q CEkTIFY THAT TIeS PNOFEflTY tS ~O'I' LOCATED IN TH[ ESTABLISHED
· FLOOD HAZARD AREA.
NOTE: THIS ~.RTIFI~ATION IS WED ON THE LOCATION OF SURVEY MARKERS OF OTHERS. AND
DOES NOT REPRESENT A PNOPERTY SURVEY.
EXAIdiNATiON OF THE RECORDS iS MA~ ONLY SUBSEQUENT TO TH~ RECQ~DED DATE OF
TH[ LATEST DEED ~ DO~S NOT INCLUD~= V~RIFVlHG TH[ ACCURACY OF THE D~D D~SCflIPTION
PIIE~4OUS TO ITS DATE OF RECORD.
THIS C(XAPANY~ IS NOT RE~.IIGNSIS/E FUR ANY INDeNTUReS MADE: SUBSEQUENT TO THE
RECMI~.O DATE QF THE LATEST DEED OF RE¢ORO.
WHENEVER SUP. DINGS A~ ~HOWN LESS THAN ,ONE FOOT FROM THE PROPERTY LINE I1' IS
iDVkIED THAT A MORE PRECISE SURVEY BE MADE TO MEARUREMENTS,
BRADFORD ENGINEERING CO.
P.O. DOX 1~)44
HAVERIIIL / , MASS.
vEnq!
Jame.% ~,¥. BOLI(;I()tIK AS Il I,S
MORTGAGE INSPECTION PLAN
LOCATEO IN
M~$S~CHUSETTS
BOOK l'J~l~ PAGE Ir~~)
PLAN NO. ~OOI el(
PG.
CERT. NO.
SCALE: I" · ~ O'
·
N/F CONNELLY
LOT
122.86
13
0
0
LOT
J.P.
STUMP
SET
11
SALEM'.' TURNPI.KE
PLAN
NORTH
LOT 1 3
SHOWING
OF LAND
ANDOVER, MA.
SALEM TURNPIKE
42"' TREE STUMP
OWNED BY
DONALD G. &
ELAINE M. MACLEAN
SCALE: 1"
~ 30'
R D E N ,G"t~:'E
~ WASHINGTON
HAVERHILL MA.
R.L.S.
ERING
S Q. ~y/s~
01 8..~1
DATE
CO.
TOWN OF NORTH ANDOVER, MASSACHUSETTS
REQUEST FOR INSERTION OF ARTICLE IN THE WARRANT FOR THE 19~
ANNUAL TOWN MEETING ~.[ ;: ;' i ~ ? '
~ ~~~ THANDOVER .
Da~:
Board of Selectmen
Town Office Building
North An~lover, Massachusetts
Gentlemen:
It is hereby requested that the following Article be inserted in the Warrant for the 19 l~0rth
Andover Annual Town Meeting,:
Article . To see if the Town will vote to raise and
appropriate the sum of $100.00 to be expended under the direction
of the Board of Selectmen for the purpose of acquiring by purchase,
eminent domain, gift, grant or otherwise, an easement for drainage
over and under a parcel of land now owned by Richard H. Scarborough
and Patricia M. Scarborough see deed recorded with the North Essex
Registry of Deeds in Book 1142, at Page 90 and any other persons
with an established right in the following described premises:
A strip of land twenty feet in width over a portion of Lot No.
30 on a plan entitled, "DefinitiYe Plan 'Raleigh Tavern Estates',
North Andover, Massachusetts, Owner, Old North Andover Realty
Trust, Engineer, Hayes Engineering, Inc." dated May 15, 1968 and
recorded in North Essex Registry of Deeds as Plan No. 5913. Said
strip commencing at a point on the Northwesterly line of Raleigh
Tavern Lane at station 9 + 01.02; thence travelling S 75° 52' 00"
West for a distance of 120.00 feet; thence travelling S 14° 08' 00"
East for a distance of 20.00 feet; thence travelling N 75° 52' 00"
East for a distance of 130.58 feet to another point on the
Northwesterly line of Raleigh Tavern Lane at Station 9 + 23.64;
thence travelling N 41° 58' 00" West along the Northwesterly
boundary of Raleigh Tavern Lane for a distance of 22.62 feet to the
point of beginning.
Including without limiting any and all rights necessary to
provide drainage over and under said strip, the perpetual rights
and easements to construct, inspect, repair, remove, replace,
operate and forever maintain (a) pipes, conduits, and their
appurtenances for the conveyance of water, (2) a covered surface
and ground water drain or drains with any manholes, pipes, conduits
and their appurtenances, and (3) rights of flowage over the surface
for surface and ground water drainage including the right to alter
the surface contours to contain, direct, and control the flow of
said water and to do all other acts incidental to~ the foregoing,
including the '~ight to pass along and over the land for the
aforesaid purposes, over, in, through and under the whole of said
twenty (20) foot strip of land.
(If the' insertion of the
proposed Article is at
the request of "ten or!
more registered voters i
of the town" under G.
L. c. 39, s. 1O)
/ Nam~ ~ Street Addr~s
*Leave blank; the Ar-
later dete~ed
**insert the name
the fimt sider of
.... TOWN OF NORTH ANDOVgR, MASSACHUSETTS
BEQUEST FOR INSERTION OF ARTICLE IN THE WARRANT FOR THE 19 ~'
ANNUAL TOWN MEETING
Date: , _, 19
Board of ,qelecLmen
Town Ollico Building
North An~lover, MassachuSetts
Gentlemen:
It is hereby requested that the following Article be hmerted h~ the Warrant for the 19 North
Andover Annual Town Meeting.:
Article To see if the Town will vote to raise and
appropriate the su~ of $100.00 to be expended under the direction
of the Board of Selectmen for the purpose of acquiring by purchase,
eminent domain, gift, grant or otherwise, an easement for drainage
over and under a parcel of land now owned by Richard H. Scarborough
and Patricia M. Scarborough see deed recorded with the North Essex
Registry of Deeds in Book 1142, at Page 90 and any other persons
with an established right in the following described premises:
A strip of land twenty feet in width over a portion of Lot No.
30 on a plan entitled, ,,Definitive Plan 'Raleigh Tavern Estates',
North Andover, Massachusetts, Owner, Old North Andover Realty
Trust, Engineer, Hayes Engineering, Inc." dated May 15, 1968 and
recorded in North Essex Registry of Deeds as Plan No. 5913. said
strip commencing at a point on the Northwesterly line of Raleigh
Tavern Lane at station 9 + 01.02; thence travelling S 75° 52' 00"
West for a distance of 120.00 feet; thence travelling S 14° 08' 00"
East for a distance of 20.00 feet; thence travelling N 75° 52' 00"
East for a distance of 130.58 feet to another point on the
Northwesterly line of Raleigh Tavern Lane at Station 9 + 23.64;
thence travelling N 41° 58' 00" West. along the Northwesterly
boundary of Raleigh Tavern Lane for a distance of 22.62 feet to the
point of beginning.
Including without limiting any and all rights necessary to
provide drainage over and under said strip, the perpetual rights
and easements to construct, inspect, repair, remove, replace,
operate and forever maintain (a) pipes, conduits, and their
appurtenances for the conveyance of water, (2) aco. vered[surfa, ce
and ground water drain or drains with any manholes, pipes, dondults
and their appurtenances, and (3) rights of flowage over the surface
for surface and ground water drainage including the right to alter
the surface contours to contain, direct, and control the flow of
said water and::~o do all other acts incidental to the foregoing,
including the right to pass along and over the land for the
aforesaid purposes, over, in, through and under the whole of said
twenty (20) foot strip of land.
(If the insertion of the Street Address
proposed Article is at Name
the request of "ten or ' ~- ~ (] 5-~- ' ' ~ /
more registered voters
of f, he town" under G.
L. c. 39, s. 10) ~~
*Leave blank; the Ar-
ticle number wiH be
later determined
**Insert the name o!
the first signer of the
Request.
TOWN OF NORTH ANDOVER, MASSACHUSETTS
REQUEST JI~01~R~I[~N OF ARTICLE IN THE WARRANT FOR THE 19
T0~N ~;L~:i~!K ANNUAL TOWN MEETING
NORTH AN~OVER
/
Board of Selectmen
Town Office Building
North An,dover, Massachusetts
Gentlemen:
It is hereby requested that the following Article be inserted in the Warrant for the 19 North
Andover Annual Town Meefin,g,:
Article *' To see if the Town will vote to raise and appropriate the sum
(APPROPRIATION
ARTICLE) of $ , to be expended under the direction of the
for the purpose of
OR:
(OTHER) Article.. *: To see if the Town will vote to
AMEND THE GENERAL BYLAWS OF THE TOWN TO INCLUDE THE FOLLOWING SECTION:
NO PERSON, DURING ANY PARADE,FESTIVAL,CONCERT,SPORTING EVENT OR OTHER
PUBLIC EVENT SHALL SELL OR DISTRIBUTE ON ANY STREET, SIDEWALK, OR PUBLIC
WAY OF THE TOWN OR UPON ANY PROPERTY OWNED BY THE TOWN, A PRODUCT
KNOWN'AS ~SILLY STRING" OR ANY SIMILAR PRODUCT SOLD OR USED FOR
AMUSEMENT THAT EJECTS A SOFT RUBBERY SUBSTANCE; ANY AEROSOL CAN THAT
EJECTS PAINT, SHAVING CREAM,FOAM OR MAKES LOUD NOISES OR ANY EXPLOSIVE
DEVICE.
(If Petitioner is a Town
Agency)
OR:
Petition of the
By:
Petition of~--'~_~ ~, ~_ /
** and others
(If the insertion of the
proposed Article is at ~Name ~ ~ 'Street Address
the request of "ten or ~ / . // //~./ff ,._ ,. f f~
more regist,e,m_d votem~/~~ ~ ~ ~ r~ ~ ~ ~ ~ .~ <
of theto~ ,ruder G.~/ Z'~ _' ~ > / ~ - /~ ~ '~~~
Town of Reading
16 Lowell Street
Reading, MA 01867-2685
Town Clerk
(617) 942-9050
FAX: (617) 942..9070
ADJOURNED ANNUAI~ TOWN MEETING
April 14, 1994
ARTICLE 24 On motion of Sally M. Hoyt, it was voted to amend Section 5.2 of the
General Bylaws of the Town by adding the following as Section 5.2.:
"5.2.9. No person, during any parade, festival, concert, sporting event or other public event,
shall sell or distribute on any street, sidewalk or public way of the Town or upon any property
owned by the Town, a product known as "Silly String" or any similar product sold or used for
amusement that ejects a soft, rubbery substance; any aerosol can that ejects paint, shaving
cream, foam or makes loud noises or any explosive device."
A true copy. Attest:
Catherine A. Quimby ~.._
Town Clerk
REGT~ST FOR INSERTION OF AHTI~
DATE:
Board of Selectmen
Town Office Building
North Andover, Massachusetts
Gentlemen:
MASSACHUSETTS
IN THE~%RRANTFORTH~1994
March , 19 95
It is hereby requested that the following Article be inserted in the Warrant
for the 19 95 North Andover Annual Town Meeting:
'(APPROPRIATION Article *- To see if the Town will vote to raise and
ARTICLE) appropriate the sum of $ , to be expended under the
direction of the
for the purposes of:
oR (OTm~)
Article *. To see if the Town will vote tO accept
the roadway as a public way, namely Meadowood Road
as shown on a plan entitiled "Special Permit and
Definitive Plan Meadowood North Andover, Mass"'
prepared by Merrimack Engineering Services, Inc,
66 Park Street, Andover, Massachusetts, 01810,
prepared for Meadows Realty Trust, P.O. Box 6700
Suite 209,. North Andover, Mass., Dated September
15, 1992, Sheet 1 through 7 and recorded at Essex
North Registry of Deeds as plan ~12178.
(If Petitioner is a
Town Agency)
Petition of the
By:
OR: Petition of ~--~//~ ~, L/~u~/~,' ** and others
(If the insertion Name Street Address
of the proposed
Article is at the
request of "ten or
more registered
under G.L.C. 39
determined.
**Insert the name
of the first signer
of the request.
TOWN OF NORTH ANDOVER, MASSACHUSETTS
REQUES,~F ;_~'~SE~T~ION OF ARTICLE IN THE WARRANT FOR THE 19
TOWN 02E~;K ANNUAL TOWN MEETING
~N:OR~'~ k,i~ DOVE.t:{
Da e: d /¢
Board of Selectmen
Town Ofl~ce Building
North An.dover, Massachusetts
Gentlemen:
It is hereby requested that the following Article be inserted in the Warrant for the 19¢5"North
Andover Annual Town Meetin$,:
Article. *: To see if the Town will vote to raise and appropriate the sum
(APPROPRIATION
ARTICLE) of $ , to be expended under the direction of the
for the purpose of
OR:
(OTHER) Artide *: To seeiftheTownwillvoteto accept the roadway as
a public way, namely Spring Hill Road as shown on a Plan of Land
entitled "Spring Hill", Thomas E. Neve, Associates, Engineer, Dated
October 17, 1994, Joseph Fitzgibbons, Trustee, Owner. Said Plan
is recorded at Essex North District Registry of Deeds as Plan 9779.
Stations on said plan are shown as 0+0 to 14+00.
(If Petitioner is a Town
Agency)
OR:
(If the insertion of the
proposed Article is at
Petition of the
By:
Petition of~'~,,~,~w~,~"7"/~o~) /)~,q~//Sl- /2~,~',f ~'~
/~fV~'~d others
Summer Trust, ~a~l' ~t.'Hilair~, Trustee
Name Street Address
the request of "ten or
more reg~tered votem ~'
of the to~" under G. ~~~ ~
L. c. 39, s. 10)
*~ave blank; the
fide number ~ be
later dete~ed
**Insert the name of
the first signer of the
Request.
EXHIBIT "A"
BEGINNING A T A POINT WHERE THE EASTERLY LINE OF SUMMER STREET INTERSECTS
THE NORTHERLY LINE OF SPRING HILL ROAD;
THENCE IN A SOUTHERLY AND SOUTHEASTERLY DIRECTION ON A CURVED LINE OF
RADIUS = 20.00', A DISTANCE OF 33.82' TO A POINT;
THENCE AT A BEARING OF S62-32-38E, A DISTANCE OF 109.00' TO A POINT;
THENCE IN AN EASTERLY DIRECTION ON A CURVED LINE OF RADIUS =233.27', A
DISTANCE OF 109.92' TO A POINT;
THENCE AT A BEARING OF S35-32-38E, A DISTANCE OF 140.57' TO A POINT;
THENCE IN AN EASTERLY DIRECTION ON A CURVED LINE OF RADIUS=545.10, A
DISTANCE OF 133.19' TO A POINT;
THENCE A T A BEARING OF S49-32-38E, A DISTANCE OF 400.00' TO A POINT;
THENCE IN A SOUTHEASTERL Y, SOUTHERLY AND SOUTHWESTERLY DIRECTION ON A
CURVED LINE OF RADIUS=132.29', A DISTANCE OF 247.06' TO A POINT;
THENCE AT A BEARING OF S57-27-22W, A DISTANCEOF 210.00' TO A POINT;-
THENCE IN A SOUTHWESTERLY AND SOUTHERLY DIRECTION ON A CURVED LINE OF
RADIUS= 20.00', A DISTANCE OF 19.47' TO A POINT;
THENCE IN A SOUTHERL Y, SOUTHWESTERL Y, WESTERL Y, NORTHWESTERL Y,
NORTHERLY AND NORTHEASTERLY DIRECTION ON A CURVED LINE OF RADIUS=
A DISTANCE QF 305.30' TQ A POINT;
THENCE IN A NORTHEASTERLY DIRECTION QN A CURVED LINE OF RADIUS=20. O0', A
DISTANCE OF 19.47' TO A POINT;
THENCE AT A BEARING QF N57-27-22E, A DISTANCE QF 210.00' TO A POINT;
THENCE IN A NORTHEASTERL Y, NORTHERL Y, AND NORTHWESTERLY DIRECTION ON A
CURVED LINE OF RADIUS=82.29', A DISTANCE OF 153.68' TO A POINT;
THENCE A T A BEARING OF N49-32-38W, A DISTANCE OF 4OO. OO' TO A POINT; I'
THENCE IN A NORTHWESTERLY DIRECTION ON A CURVED LINE OF RA. DIUS= 595.I O, A
DISTANCE OF 145.41' TO A POINT;
THENCE AT A BEARING QF N35-32-38W, A DISTANCE OF 140.57' TQ A POINT;
THENCE IN A NORTHWESTERLY DIRECTION ON A CURVED LINE OF RADIUS=183.27',
A DISTANCE OF 86.36' TO A POINT;
THENCE A T A BEARING OF N62-32-38W, A DISTANCE OF 91.81' TO A POINT; .
THENCE IN A WESTERLY AND SOUTHWESTERLY DIRECTION ON A CURVED LINE OF
RADIUS=25.00', A DISTANCE OF 45.14' TQ A POINT ON THE EASTERLY LINE OF SUMMER
STREET;
THENCE A T A BEARING OF N¢4-OO-O6E, ALONG THE EASTERLY LINE OF SUMMER
STREET, A DISTANCE QF 38.55' TO A POINT;
THENCE IN A NORTHEASTERLY DIRECTION ON A CURVED LINE OF RADIUS=¢86.21', A
DISTANCE OF 66.19' TO THE POINT OF BEGINNING.
FEB. 21,1994
LEGAL DESCRIPTION, SPRING HILL ROAD, NO. ANDOVER
BEGINNING AT A POINT WHERE THE EASTERLY LINE OF SUMMER STREET INTERSECTS
THE NORTHERLY LINE OF SPRING HILL ROAD;
THENCE IN A SOUTHERLY AND SOUTHEASTERLY DIRECTION ON A CURVED LINE OF
RADIUS = 20.00', A DISTANCE OF 33.82' TO A POINT;
THENCE AT A BEARING OF S62-32-38E, A DISTANCE OF 109.00' TO A POINT;
THENCE IN AN EASTERLY DIRECTION ON A CURVED LINE OF RADIUS =233127', A
DISTANCE OF 109.92' TO A POINT;
THENCE AT A BEARING OF S35-32-38E, A DISTANCE OF 140.57' TO A POINT;
THENCE IN AN EASTERLY DIRECTION ON A CURVED LINE OF RADIUS=545.10, A
DISTANCE OF 133.19' TO A POINT;
THENCE AT A BEARING OF S49-32-38E, A DISTANCE OF 400.00' TO A POINT;
THENCE IN A SOUTHEASTERLY, SOUTHERL Y AND SOUTHWESTERLY DIRECTION ON A
CURVED LINE OF RADIUS=132.29', A DISTANCE OF 247.06' TO A POINT;
THENCE AT A BEARING OF S57-27-22W, A DISTANCE OF 210.00' TO A POINT;
~,'~'HENCE IN A S~,OUTHWESTERL Y AND SOUTHERLY DIRECTION ON A CURVED LINE OF
~ADIUS= 20.00, A DISTANCE OF 19.47' TO A POINT;
~HENCE IN A SOUTHERL Y, SOUTHWESTERL Y, WESTERL Y, NORTHWESTERL Y,
~"~VORTHERL Y AND NORTHEASTERLY DIRECTION ON A CURVED LINE OF RADIUS= 60.00',
~A DISTANCE OF 305.30' TO A POINT;
~HENCE IN A NORTHEASTERLY DIRECTION ON A CURVED LINE OF RADIUS=20. O0'~ A
'DISTANCE OF 19.47' TO A POINT;
:.~T~WIENCE AT A BEARING OF N57-27-22E, A DISTANCE OF 210.00' TO A POINT;
T~ENCE IN A NORTHEASTERLY, NORTHERLY, AND NORTHWESTERLY DIRECTION ON A
.~RVED LINE OF RADIUS=82.29', A DISTANCE OF 153.68' TO A POINT;
THENCE AT A BEARING OF N49-32-38W, A DISTANCE OF 400.00' TO A POINT;
THENCE IN A NORTHWESTERLY DIRECTION ON A CURVED LINE OF RADIUS= 595.10, A
DISTANCE OF 145.41' TO A POINT;
THENCE AT A BEARING OF N35-32-38W, A DISTANCE OF 140.57' TO A POINT;
THENCE IN A NORTHWESTERLY DIRECTION ON A CURVED LINE OF RADIUS=183.27',
A DISTANCE OF 86.36' TO A POINT;
THENCE AT A BEARING OF N62-32-38W~ A DISTANCE OF 91.81' TO A POINT;
THENCE IN A WESTERLY AND SOUTHWESTERLY DIRECTION ON A CURVED LINE OF
RADIUS=25.00', A DISTANCE OF 45.14' TO A POINT ON THE EASTERLY LINE OF SUMMER
STREET;
THENCE AT A BEARING OF N14-OO-O6E, ALONG THE EASTERLY LINE OF SUMMER
STREET, A DISTANCE OF 38.55' TO A POINT;
THENCE IN A NORTHEASTERLY DIRECTION ON A CURVED LINE OF RADIUS=186.21', A
DISTANCE OF 66.19' TO THE POINT OF BEGINNING.
SCOTT L. GILES R.P.L.S.
MASSACHUSETTS QUITCLAIM DEED INDIVIDUAL (LONG FORM) 882
Paul St. Hilaire, Trustee of Summer Trust, u/d/t dated October 9, 1984 and recorded
i~n Essex North District Registry of Deeds in Book 1879 , Page 298
of North Andover, Essex Count, Massachusetts
being unmarried, for consideration paid, and in full consideration of Less Than One Hundred ($100.00) Dollars
grant to The Inhabitants of the Town of North Andover, Massachusetts ·
[Description and encumbrances, if any]
with qullrlatm rovenanls
The fee in the roadway known as Spring Hill Road, North Andover,
Massachusetts.
For a more particular description of Spring Hill Road, North
Andover, Massachusetts, see Exhibit "A" attached hereto and made a part
hereof.
For Grantor's title to the Fee in the Road, see deed recorded
at Essex North District Registry of Deeds in Book 1827, Pages 324 and
328.
Spring Hill Road is fully set out on a plan of land entitled
"Spring Hill", Thomas E. Neve, Associates, Engineer, Dated October 17,
1994, Joseph Fitzgibbons, Trustee, Owner. Said Plan is recorded at North
Essex Registry of Deeds as Plan 9779. Reference to said Plan may be had
for a more complete description
(*Individual-- Joint Tenants -- Tenants in Common.)
The Town of North Andov~r, e municipal corporation sttuated tn the
County of Essex, Commonwealth of Massachusetts, acting by its duly
organized Planning Board, holder of a Performance Bond or Surety
dated · , 19 , and/or a Covenant dated
ty/)own o f._Aa~r~ae
, County, Massachusetts recorded with
the North Eesex District Deeds., Book
Page ~:2 , or registered~Registry Distric, t as l~ m~en(
No. and noted on Derti fi cate of Title No. in
P, eqis"tration Book , Page , acknowledge~ satisfaction
of the terms thereo'~-ir"~-~-d--hereby ~s its right, title and in-
terest in the lots designated on .said plan as follows:
~XECUTEO as a sealed instrument this ~.daY of ,
Majority of the
Planning Board
of the Town of
North Andover
Recorded Jane30,1986 at.3:lPM #2352"
COMMONWEALTH OF MASSACHUSETTS
~- ' ' ' [/ /) /~ ~ //'= '~/ , one of th'e
Then personally appeared ~ L/.- ~ .....
above named members of th~Ta'nni~ Bogrd of'the~own 6f Nortn annoyer,
Hass~chusetts and acknowle~ed the foregoin~ instrument to be the free
act and deed of said Planning Board, before me,
. . ~ .
· . ~: . ', ~..~..~..,~ ~
~ · E .% c ~-'~.2~.F '.
· ,. ..,.. ~,~.~.~ .... ~ ·
,.0kf J
REtEASE FORM
The undersiqned, being a majority of'the Planning Board of the Town
of North An~iover, Massachusetts, hereby certify that:
the requirements for the construction of ways and municipal services
called for the the Performance Bond or Surety and dated
_N/A , 19 and/or by the Covenant dated
_.~, 19 ~,_~ and reco~'ded in District
..___.A.am.~'~ ?q
Deeds, Book .JJ. Jkk.~' Page q2 .; or registered in
Land Registry District as Document liD.
and noted on Certificate of Title No. ~ in Regis-
tration Book , Page , has beent-completed/partially
completed, to the satisfactq-~-~--¥~-"the Plannin.q Board t.o adequately
serve the enumerated lots shown on Plan entitled
Plan of 'Spring Hill' Section[s)__, Sheets I ,-hru 6 ":
Plan dated ~L~0._~,.~e.~-2/~6YK.5_--~ recorded by the
.)~p~CL~ ....... Registry of Deeds, Plan No. 9779
or registered in s~id Land Registry District, Plan Book
Plan and said lots are hereby released from the re-
stric~qons as to s-ale and building specified thereon.
Lots designated on said Plan as follows: (Lot number(s) and street(s))
L_..~ through 21 incluslve, S~in~ Hill Road~ North Ando-_v~r, MA
(?o be attested to by a Registered Land Survey'or)
~ '- ,, ~*= :' , ceri'ify that lot ~'umber(s)
on
Street(s)
do conform to l~yout as show;; on Definltiv[' Pqen entitled "__
Section Sheets
Registeyed Land Surveyor
(Page X of 2)
- ~ TOWN OF NORTH ANDOVER, MASSACHUSETTS
R~QUEST FOR t~¥~I0~,~ OF ARTICLE IN THE WARRANT FOR THE 19
~v~'~- ~ ;~NN4at~L TOWN MEETING
,19 ~J/
Board of Selectmen
Town Office Building
North An,dover, Massachusetts
Gentlemen:
It is hereby requested that the following Article be inserted in the Warrant for the 19~qorth
Andover Annual Town Meeting:
Article. *: To see if the Town will vote to raise and appropriate the sum
(APPROPRIATION
ARTICLE) of $. ., to be expended under the direction of the
for the purpose of
OR:
(OTHER)
Article *: To see if the Town wi~ vote to
accept the roadway as a public way, namely Hidden~Court
(Stations are not set forth on said Plan) on a-'Plan-
of land entitled: "SUBDIVISION PLAN OF LAND IN NORTH
ANDOVER, Donohoe and Parkhurst, Inc., Surveyors,"
Dated: September 25, 1989, Sheets 1-6, and recorded at
North Essex District Registry of Deeds, Registered Land
Section, as Plan No. 369093U.~
(If Petitioner is a Town
Agency)
OR:
(If the insertion of the
proposed Article is at
the request of "ten or
more registered voters
of the town" under G.
L. c. 39, s. 10)
Petition of the
By:
Petition of :~,,~ ,,,,-/,?,;,',, 7",'~,~ ! / f)~)~/ C7, /~ 4,,~' 'Y~,~nd others
Summer Trust, ~aul ~t. H~laire, Trustee
Name Street Address
*Leave blank; the Ar-
tide number will be
later determined
**Insert the name of
the first signer of the
Request.
MASSACHUSETTS QUITCLAIM DEED INDIVIDUAL (LONG FORM) 8B2.
'~aul '~t.~Hilaire, Trustee of Sunmer Trust, u/d/t dated October 9, 1984 and recorded
in Essex North District Regis~- of l~ed8 in Book 1879, Page 298
o~ North Andover, Essex Count, Massachusetts
being unmarried, for consideration paid, and in full consideration of Less than One Hundred ($100.00) Dollars
grant t0 The Inhabitants of the Town of North Andover, Massachusetts
[Description snd encumbrances, if any]
with quttdatm ~ovenanls
The fee in the roadway known as Hidden Court, North Andover, Massachusetts.
For a more particular description of Hidden Court, North Andover, Massachusetts,
see Exhibit "A" attached hereto and made a part hereof.
Hidden Court is set forth on a Definitive Subdivision Plan entitled "Coventry
Estates - Phase II, Owner and Developer, Coventry Development Corporation, Lindberg
Avenue, Methuen, Mass., Beta International Corporation, 197 Portland S~reet, Consulting
Engineers, Boston, Mass., July 1986, Revised April, 1987." Said Plan is recorded at
North Essex Registry of Deeds, Registered Land Section, as Plan No. 36903U. Reference
may be had to said plan for a more particular description.
For Grantor"s title to Hidden Court, see Document No. 52902, Certificate of
Title No. 1169, Book 82, Page 273.
('qndividual -- Joint Tenants -- Tenants in Common. )
.roy ......... hand and seal this ............................ day of .... M...~..g.lq ...................... ,1~..5. ....
SUMMER TRUST
Paul St. Hilaire, Trustee
· he ~ommouweal~h of ~assarlmse~s
Essex s&
Then personally appeared the above named
M~rch 19 9 5
Paul St. Hilaire, Trustee of ~r Trust
and acknowledged the foregoing instrument {:o be his
free acl: and deed, before me
Notary Public--Justice of the Peace
My commission expires ...................... 19
CHAPTER 183 SEC. 6 AS AMENDED BY CHAFFER 497 OF 1969
Every deed presented for record shall contain or have endorsed upon it the full name, residence and post office address of the grantee
and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor, if not delivered
for a specific monetary sum. The full consideration shall mean the total price for the conveyance without deduction for any liens or
encumbrances assumed by the grantee or remaining thereon. All such emlorsements and recitals shall be recorded as part of the deed.
Failure to comply with this section shall not affect the validity of any deed. No register of deeds shall accept a deed for recording unless
it is in compliance with the requirements of this section.
[-
(edXI :o ~u!ad oSWald)
LEGAL DESCRIPTION, HIDDEN COURT, NO. ANDOVER
2/21/95
BEGNNING AT A POINT WHERE THE EASTERLY LINE OF BLUE RIDGE ROAD INTERSECTS
THE NORTHERLY LINE OF HIDDEN COURT;
THENCE IN A SOUTHEASTERLY AND EASTERLY DIRECT/ON ALONG A CURVED LINE OF
RADIUS=25.00', A D/STANCE OF 36.65' TO A POINT;
THENCE IN AN EASTERLY DIRECTION ON A CURVED LINE OF RADIUS=375.00', A
D/STANCE OF 199.11' TO A POINT;
THENCE IN AN EASTERLY BUT MORE NORTHEASTERLY DIRECTION ON A CURVED LINE
OF RADIUS=775.00', A D/STANCE OF 200.00' TO A POINT;
THENCE IN A NORTHERLY DIRECT/ON ALONG A CURVED LINE OF RADIUS=25.00', A
D/STANCE OF 24.68' TO A POINT;
THENCE IN A NORTHERL Y, NORTHEASTERL Y, EASTERL Y, SOUTHEASTERLY,
SOUTHERLY, SOUTHWESTERLY AND WESTERLY DIRECTION ALONG A CURVED LINE OF
RADIUS=60. O0', A D/STANCE OF 301.45' TO A POINT;
THENCE IN A WESTERLY AND SOUTHWESTERLY DIRECT/ON ALONG A CURVED LINE OF
RADIUS=25.00', A D/STANCE OF 22.52' TO A POINT;
THENCE IN A SOUTHWESTERLY DIRECT/ON ALONG A CURVED LINE OF RADIUS=825.00;
A D/STANCE OF 217.35' TO A POINT;
THENCE IN A WESTERLY DIRECTION ALONG A CURVED LINE OF RADIUS =425.00', A
D/STANCE OF 234. 88' TO A POINT-
THENCE IN A WESTERLY AND SOUTHWESTERLY DIRECTION ON A CURVED LINE OF
RADIUS=25.00', A D/STANCE OF 32.32' TO A POINT IN THE EASTERLY LINE 0 FBLUE
RIDGE ROAD;
THENCE IN A NORTHERLY DIRECT/ON ON A CURVED LINE OF RADIUS=225.00', A
D/STANCE OF 90.95' TO THE POINT OF BEGINNING.
SCOTT L. GILES R.P.L.S.
FORM d
RELEASE FORM
The undersigned, being a majority of the Planning Board of the Town
of North Andover, Massachusetts, hereby certify that'
the requfrements for the construction of ways and municipal
services called for the Performance Bond or Surety and dated
, 19
and/or by the Oovenant dated
· October 7 , 19 87
and recorded in District
Deeds, Book
, Page
; or registered in ~ssex
North Land Registry District as Document No. 45659
/o~ 5
and noted on Certificate of Title No. ~ in Regis-
~o
tration Book '4~ , Page __~~, has been completed/partially
completed,.to the satisfaction of the Planning Board to adequately
serve the enumerated lots shown on Plan entitled " CoventzsL
Estates Section(s) Phase II , _she_ets
North
P I an d a t ed _5__u_~y _l?_8_6u__Re_v. July, 1987
recorded by the
Essex
Registry of Deeds, as plan no. 10883
or registered in said Land Registry District, Plan Book
Plan 36093U and said lots are hereby released fro:: the re-
strictions as to sal'e and building specified thereon.
Lots designated on said Plan as follows'(Lot number(s) and street(s)
'~: 4_JlotD_20__on/~nnd C_o~l:_P_lan A3_6$O3ULon_Elue_Ridg~_ _Road_ ....
b. (To be attested to by a Registered Land Surveyor)
I he~.by certify that the property lines for lot number(s)
Blud Ridge Road
are the same as those shown on Definitive Plan entitled
~'~.:~ =.,_Cov_e_n_t_z~__Estates
The T.9~n of North Andover, a municipal corporation situated in
the County of Essex, Commonwealth of Massachusetts, acting by
its duly organized Planning Board, holder of a Performance Bond
or Surety dated , 19 .... ,-and/or Covenant
dated , 19 from
of the City/Town of- ,
,.County, Massachusetts recorded with the
District Deeds, Book
Page , or registered in Land Registry District as Document
No. and noted on Certificate of Title No. in
Registration Book , Page , acknowledges satin, faction
of the terms thereof and hereby releases its right, ti%le and
interest in the lots designated on said plan as follows:
EXECUTED as a sealed instrument this
of the Town
North Andover
COMMONWEALTH OF MASSACHUSETTS
Then personally appeared ~O~ ~. ~,~. ., one of the above
members of the Planning Board of the Town of North Andover,
Massachusetts and acknowledged the foregoing instrument to be the free
act and deed of said Planning Board, before me.
Notary Public
My Commission Expires:
'7',
Page 2 of 2
EXHIBIT "A"
BEGNNING A T A POINT WHERE THE EASTERLY LINE OF BLUE RIDGE ROAD INTERSECTS
THE NORTHERLY LINE OF HIDDEN COURT;
THENCE IN A SOUTHEASTERLY AND EASTERLY DIRECTION ALONG A CURVED LINE QF
RADIUS=25.00', A DISTANCE QF 36.65' TO A POINT;
THENCE IN AN EASTERLY DIRECTION ON A CURVED LINE OF RADIUS=375.00', A
DISTANCE OF 199.1 ~1' TO A POINT;
THENCE IN AN EASTERLY BUT MORE NORTHEASTERLY DIRECTION ON A CURVED LINE
OF RADIUS=775.00', A DISTANCE OF 200.00' TO A POINT;
THENCE IN A NORTHERLY DIRECTION ALONG A CURVED LINE OF RADIUS=25.00', A
DISTANCE OF 24.68' TO A POINT;
THENCE IN A NORTHERL Y, NORTHEASTERLY, EASTERL Y, SOUTHEASTERL Y,
SOUTHERLY, SOUTHWESTERLY AND WESTERLY DIRECTION ALONG A CURVED LINE OF
RADIUS=60. O0', A DISTANCE OF 301.45' TO A POINT;
THENCE IN A WESTERLY AND SOUTHWESTERLY DIRECTION ALONG A CURVED LINE OF
RADIUS=25.00', A DISTANCE OF 22.52' TO A POINT;
THENCE IN A SOUTHWESTERLY DIRECTION ALONG A CURVED LINE OF RADIUS=825.00',
A DISTANCE OF 217.35' TO A POINT;
THENCE IN A WESTERLY DIRECTION ALONG A CURVED LINE OF RADIUS =425.00', A
DISTANCE OF 234.88' TO A POINT;
THENCE IN A WESTERLY AND SOUTHWESTERLY DIRECTION ON A CURVED LINE OF
RADIUS=25.00', A DISTANCE OF 32.32' TO A POINT IN THE EASTERLY LINE 0 FBLUE
RIDGE ROAD;
THENCE IN A NORTHERLY DIRECTION ON A CURVED LINE OF RADIUS=225.00', ,4
DISTANCE OF 90.95' TO THE POINT OF BEGINNING.
~£tU RUSSELL A. BODNAR
,1~};¥ C, E ~ ~-~ ;~ [/i~ ~ ~ i~j ATTO~EY AT LAW
C~STNUT G~EN - SUITE 65
565 TU~PI~ ST~ET
NORTH ANDO~R, MASS~U~TTS~I~
TELEPHONE (508) 688-1500
FAX (508) 688-1582
March 17, 1995
HAND DELIVER
Town Selectmen
Town of North Andover
Main Street
North Andover, MA 01845
Re: Two Articles for Town Warrant
Gentlemen:
Enclosed please find two separate requests for insertions of
Articles in the Town Warrant. Both are for proposed Public
Acceptance of a roadway and are as follows:
1. Acceptance of Spring Hill Road;
2. Acceptance of Hidden Court.
I am also enclosed herewith the support documentation which
your office requested, namely legal descriptions of both roads,
proposed deeds the developer will execute upon acceptance of the
roadways, and Form J Releases. Should you need any further
documentation, you may contact me at the above telephone number
and I will promptly provide you with same.
Kindly notify my office once this has been scheduled for any
public hearing and I in turn will notify my client, Paul St.
Hilaire.
RAB:na
enclosures
cc: Paul St. Hilaire
TOWN OF NORTH ANDOVER, MASSACHUSETTS
REQUEST FOR INSERTIOI~I)~llE A~IN THE WARRANT FOR THE 19 95
ANI~ .~C
NO~(~ A~%~ MEETING
Da~:
,19 95
Board of Selectmen
Town Office Building
North An.dover, Massachusetts
Gentlemen:
It is hereby requested that the following Article be inserted in the Warrant for the 19 North
Andover Annual Town Meetin$.:
Article *' To see if the Town will vote to raise and appropriate the sum
(APPROPRIATION
ARTICLE) of $. ., to be expended under the direction of the
for the purpose of
OR: APPROPRIATION ARTICLE
(OTHER)
Arfide *: To see if theTownwillvoteto raise by taxation, by transfer
of available funds, by borrowing&or by any combination of the foregoing
and appropriate $/~q~3/~.~Srany other sum, to be expended under
the direction of the'School Building Committee for the purpose of
reconstructing, remodeling, and constructing additions to the North
Andover Middle School including: any necessary design services related
thereto, including the preparation of plans and specifications; the
purchasing of equipment and furnishings, therefor; and retaining the
services of a qualified construction manager to oversee the project,
or to take any other action related thereto.
(If Petitioner is a Town
Agency)
OR:
(If the insertion of the
proposed Article is at
the request of "ten or
more registered voters
of the town" under G.
L. c. 39, s. 10)
*Leave blank; the Ar-
~cle number will be
later determined
**Insert the name of
the first of the
signer
est.
Petition of the
By:
Petition of ~ h~ ~- ~7~ ~'f~ '* and others
Name -- Street Address
To see if the town will vote to appropriate the sum~[f$'~l~,975,000, or any other sum,
to be expended under the dire~ion of the 8¢hool Building Committee, for the purpose of
reconstructing, remodeling and c. onstru¢fing additions to the North Andover Middle School,
including any necessan/designer services related thereto, including the preparation of plans
and specifications, and the purchasing of equipment and furnishings therefor; and to
determine whether this appropriation shall be raised by bon'owing or othe~,,~ise, or to take any
a~ion relative thereto.
Submitted by the
North Andover School Committee
North Andover School Building Committee
TOWN OF NORTH ANDOVER, MASSACHUSETTS
··' ~REQUEST, JOYs~'FO~qSERTION?h;~:~,~,~~NNUAL~A~ OF ARTICLETowN INMEETiNGTHE WARRANT FOR THE 19 ]~
!
Board of Selectmen ,
Town Office Building
North An.dover, Massachusetts
Gentlemen:
It is hereby requested that the following Article be inserted in the Warrant for the 1995 North
Andover Annual Town Meetin$.:
(APPROPRIATION Article *' To see if the Town will vote to raise and appropriate the sum
ARTICLE) of $ , to be expended under the direction of the
for the purpose of
OR:
(OTHER) Article *: To see iftheTownw~voteto
accept as public ways the roadways known as Castlemere and Carriage
Chase as shown on a plan of land entitled "Definitive Subdivision
Plan of 'Marble Ridge' in North Andover, Mass." Owner and Applicant:
Marbleridge Development, Corp., 754 Forest St., North Andover, MA,
Christiansen Engineering, Inc., dated October 19, 1984 as revised,
said plan recorded in the North Essex Registry of Deeds as Plan
#9791 ali as further set out in the legal description filed herewith
as Exhibit A (incorporated by reference) and filed with the North
Andover Board of Selectmen and Community Development Department.
(If PetitionerisaTown
Agency)
OR:
(If the insertion of the
proposed Article is at
the request of "ten or
more registered voters
of the town" under G.
L. c. 39, s. 10)
Petition of the
By:
Marbleridge Development Corp.
Petition of
Michael Kasabuski, President & Treasurer
/ Name ~ ~ Street Address
** and others
./
ticle number will be
later determined , ..'~ .
the first signer of I?L -
thc
Request. '~"~'~ ~ /O
Exhibit A
This is a legal description appended to a Warrant Article fi
the Marbleridge Development Corporation, Michael Kasab,
President and Treasurer and is intended to further iden~_
Castlemere and Carriage Chase, so-called, the roadways shown on a
plan of land entitled "Definitive Subdivision Plan of 'Marble Ridge'
in North Andover, Mass." said plan recorded in the North Essex
Registry of Deeds as Plan #9791. The roadways petitioned for
acceptance as public ways are further bounded and described as
follows:
Beginning at a point in the easterly line of Great Pond Road,
at the corner of Lot lA, 98.28 feet southwesterly of a drill
hole set as shown on said Plan; and thence running by an arc
with a radius of 25 feet, a length of 31.42 feet to a point;
and thence continuing to run by the westerly frontage of Lots
lA, Lot 21, 20, 19, 18 and 17 as said lots abut Castlemere to a
point; and thence continuing to run by an arc with a radius of
25 feet a length of 39.77 feet to a point; and thence by the
southerly line of Lot 17 as it abuts Carriage Chase to a point
in the corner of the stone wall as shown on said Plan; thence
continuing to run westerly by the stone wall 27.63 feet to a
point; thence turning and running south 14 56' 10" east 59.14
feet to a point in the southerly line of Carriage Chase as it
abuts Lot 16 and thence running westerly by the frontage of
Lots ~6, ~5, and 14 as said lots abut Carriage Chase to a
point; thence turning and running by an arc with a radius of 25
feet for a length of 38.76 feet; thence turning and running in
a southerly and westerly direction by the frontages of Lots 14,
~3, 12, 11 and other land shown on said Plan now or formerly of
Marbleridge Development Corp. as said lots and land abut
Castlemere to a point; thence turning and running by an arc
with a radius of 20 feet a length of 31.42 feet to a point in
the easterly line of Marbleridge Road; thence turning and
running by the easterly line of Marbleridge Road 90 feet to a
point; thence turning and running by an arc with a radius of 20
feet a length of 3~.42 feet to a point in the northerly line of
Castlemere; thence running by the northerly line of Castlemere
by other land shown on said plan of Marbleridge Development
Corp. and the frontages of Lots 25, 24, 23, 22 and still other
land of the said Marbleridge Development Corp. as said lots and
lands abut Castlemere to a point; thence turning and running by
an arc with a radius of 25 feet for a length of 31.42 feet to a
point in the easterly line in Great Pond Road; thence turning
and running northerly by the Easterly line of Great Pond Road
90 feet to the point of beginning, meaning and intending to
descibe the ways shown as "Castelemere" and "Carriage Chase" on
said plan, however the same may be bounded and described.
TUWN NOm'. M^SS^CHUS 'Frs
REQUEST FOR INSERTION OF ARTIC~(tN?~.~RANT FOR TH~ 19
" ANNUAL T~ ~~
NOE~H ANDOVE~
Board of Selectmen
Town Office Building
North Anitover, Massachusetts
Gentlemen:
It is hereby requested that the following Article be inserted in the Warrant for the 1995 North
Andover Annual Town Meeting.:
(APPROPRIATION ArticJA *: To see i~ the Town will vote to-' '~ and appropriate the sum
ARTICLE) o! $ _, to be expended under the direction o! the
for the purpose of
OR:
(OTHER) Article__*: To seeiftheTownw~vote te
To ~ccept as a public Way that portion of Booth Street
between Wesley and Wallace Streets and shown on a
"Definitive Subdivision Plan, Being a Subdivision of
on Land Court Plan,3263F located in North Andover, MA",
as is located
plan entitled
Lot 292 Shown
Applicant: S
& S Builders,
Surveyors and
further set out
and filed with the
Community Development
(If Petitioner is a Town
Agency)
OR:
Christiansen and Sergi, Profess.ional Engineers Land
recorded ~ith the Land Court as Plan #3263G all as
in the legal description filed herewith as Exhibit A
North Andover Board of Selectmen and the
Department.
(If the insertion of the
proposed Article is at
the request of "ten or
more registered voters
of the town" ~mder G.
L. c. 39, s. 10)
*Leave blank; the Ar-
ticle number will be
later determined
**Insert the name of
the first signer of the
Request.
Petition of the
By:
** and others
EXHIBIT A
To accept as a public way that portion of Booth Street as is located
between Wesley and Wallace Streets and shown on a plan entitled
"Definitive Subdivision Plan, Being a Subdivision of Lot 292 Shown
on Land Court Plan 3263F located in North Andover, MA", Applicant: S
& S Builders, Christiansen and Sergi, Professional Engineers Land
Surveyors and recorded with the Land Court as Plan #3263G all as
further set out in the legal description filed herewith as Exhibit A
and filed with the North Andover Board of Selectmen and the
Community Development Department.
The land together with the improvements thereon shown as Booth
Street as laid out on a plan entitled "Definitive Subdivision Plan
Being a Subdivision of Lot 292 shown on Land Court Plan #3263F"
located in North Andover, Massachusetts, Applicant: S & S Builders,
Inc., dated: Jan. ~. ~993, revised May 28, ~993, Christiansen &
Sergi, professional engineers, and being further bounded as
follows:
Northerly
Easterly
Southerly
Westerly
by the intersection with Wesley Street as shown
on said plan;
by the frontage of lots 293, 294 and 295, as
shown on said plan;
by the intersection with Wallace Street as shown
on said plan; and
by land now or formerly of Balsamo and now or
formerly of Bottigi.
Meaning and intending to convey all fee intereset as underlies
Booth Street as shown on said plan together with any other fee
interest with Wallace and Wesley Streets as may be necessary to
effect the utilization of Booth Street. Reserved in this grant is
the fee interest underlying the right of way as shown on Lot 295 but
conveying by separate instrument, the right to pass and repass over
that portion of Lot 295 as is shown as a right of way easement.
I',I~R 17 '95 10:48RH ,5~ HILK ST BOSTOH HR 02109
P. 2/2
To~n Office
~ent~emen~
~t ~ hereb~
~or the l~ ~ort~ ~er ~a[ ~ Heet~n~f
~rticle~': To see LE the Town will vote to raise and
al~ropriate ebe sum oE $ .. , ko be e~pended under the
dSrectLon oE the .... .. - ----
for the purpoeee
Kr~$cle -: To aec if zhe ?c~n ~1[
to authorize the Board of Selectman to sell or otherwise convey to ,loseph W. Lawlor and
Shirley Lawlor for consideration of One ($I.00) Dollar all of the town's right, title and interest
in and to a certain parcel of land located at the corner of Stevens Street and Pleasant Street
and being more particularly described as Lot aA" on a plan entitled Plan of Land in North
Andover, Mass. Drawn for Joseph & ShiHey Lawlor" dated March, 199~ by Merrimack
Engineering Services, 66 ]'ark Street, Andover, Mass, containing 9,850 square feet, more or
le~s, according to said plan; or take any other action in relation thereto.
{If Petitioner ~e a
?O~n
OR:
(IE the £nee~tion
oE the propoeed
Artlcle is ab the
re~ues~ of "ten
~ore regi~
voke~ O~ the
under G.L. C. 3~
o£ u~e req~esc.
}~tition Oi the
By: ,.
Name
W. Lawlor _ ~* and others
Street A~drees
't
1995 ANNUAL TOWN MEETING WARRANT
INDEX
Article Title & Sponsor
Annual Town Election
Board of Selectmen 1.
Report of Receipts and Expenditures 1.
Board of Selectmen
Compensation of Elected Officials 1
Board of Selectmen
Report of Special Committees to Town Meeting 2
Board of Selectmen
Authorization to Transfer Unexpended Funds 2
Board of Selectmen
Fiscal Year 1995 Budget Transfers 2
Board of Selectmen
General Appropriation Article for Fiscal Year 1996 3
Board of Selectmen
Capital Improvements Plan FY 1996 4
Board of Selectmen
Amend Source of Funding on Capital Improvements Plan 6
Appropriation for Fiscal Year 1995
Board of Selectmen
Amend Authorization to Borrow - Various Articles 7.
Board of Selectmen
Authorization of MGL Chapter 90 - Highway Funds 8.
Board of Selectmen
Reserve Fund 9.
Board of Selectmen
Supplemental Budget Article for Fiscal Year 1996. 10.
Board of Selectmen
Authorization to Apply for Grants for Stevens Library. 11.
Library Board of Trustees
Amendment to Personnel Bylaw 12.
Board of Selectmen
Expenditure of Grant Funds 19.
Board of Selectmen
Page #.
5o
18.
Article Title and Sponsor
Authorization to Expend Contributions
Sewer System Infiltration
Board of Selectmen
Page #
to Mitigate 20.
Wetlands Filing Fees Account
Conservation Commission
21.
Authorization to Combine Repairs to Bear Hill and 22.
Sutton Hill Storage Tanks as Single Appropriation to
Transfer Funds from Other Available Unexpended Funds.
Board of Selectmen
Authorization to Enter into Intermunicipal Agreements 23.
for Temporary Use of Fire Safety Trailer
Chief Dolan
Authorization to Establish a Revolving Fund for 24.
Intermuniclpal Agreements for Temporary Use Of Fire
Safety Trailer
Board of Selectmen
Amendment to Zoning Bylaw-Section 4.136
Protection District
Planning Board
Watershed 25.
Amendment to Zoning Bylaw Section 4.136(8) Water- 38.
shed Protection District (Add Noncriminal Penalties
for violations of bylaw).
George Perna, Director, Division of Public Works
Amendment to Town Code-Section 1-6. Noncriminal 41.
Disposition of Violations of Zoning Bylaw-
Section 4.136
GeOrge Perna, Director, Division of Public Works
Amendment to Zoning Bylaw
Requirements
Planning Board
Amendment to Zoning Bylaw
Requirements
Mary Nardella and Others
Section 7.
Section 7.
Dimensional 44.
Dimensional 49.
Authorization to Operate Conference Center
Board of Selectmen
54.
Amend Authorization of Funds Appropriated for the 55.
Addition/Renovation of Town Hall to Renovate Textile
Museum to be Used for Town Hall.
Board of Selectmen
Title mad Sponsor of Article.
Page
Amend Authorization of Funds Appropriated for 55.
Addition/Renovation of Town Hall to Renovate Textile
Museum to Be Used for Town Hall.
Lease Agreement for Use and Occupancy of Textile 56.
Museum for Town Hall Office Building
Board of Selectmen
Establishment of Facilities Acquisitions/Debt Service 57.
Reserve Fund.
Board of Selectmen
58.
Senior Citizen Tax Relief Program
Board of Selectmen
Designation of a Joint Economic Opportunity Area.
Kenneth Mahony, Dir. Planning & Community Svcs.
59.
Amend Town Code Section 1.6-Noncriminal Disposition 60.
of Violations.
Gayton Osgood, Board of Health
Acquisition and Renovation for a Youth Center Facility 61.
Board of Selectmen
Construction of Fire Station
Board of Selectmen
62.
Roadway Acceptance - Anne Road
Ercole Sideri and Others
63.
Roadway Acceptance - Scott Circle
Cheryl Dickerson and Others
64.
Authorization to Reconstruct, Remodel, and Construct 65.
Additions to the North Andover Middle School
Board of Selectmen
Amendment to Zoning Byalw - Sign Bylaw
Board of Selectmen
66.
Adoption of Provisions of Chapter 30B, Section 12.
Board of Selectmen
77.
Acquisiiton of Portion of Rea Street.
Gina Armano and Others
78.
Amendment to Seciton 9, Non-Conforming Uses.
Richard Rowen and Others
79.
Amendment ot Town Code Prohibition of Power Boats
George Reigh and Others
80.
Title and Sponsor
Roadway Acceptance - Village Way
Steven Knott and Others
Amend Zoning Ordinance Pleasant Street
Douglas Ely and Others
Acquisition of Easement Raleigh Tavern Lane
George Perna and Others
Acquisition of Easement
Scarborough
George Perna and Others
Page #.
81.
82.
83.
Raleigh Tavern Lane- 84.
Amend Town Code Prohibit the Sale of Silly String
Daniel Long and Others
Rezone - 57 Turnpike Street
Bramanti and Others
Rezone 47 Turnpike Street
Bramanti and Others
Roadway Acceptance - Meadowood Road
Thomas Laudani and Others
Roadway Acceptance - Spring Hill Road
Paul St. Hilaire and Others
Roadway Acceptance - Hidden Court
Paul St. Hilaire and Others
Renovation/Additon - Middle School
Barbara Hagerty and Others
Renovation/Addition - Middle School
School Committee
Roadway Acceptance - Castlemere and Carriage Chase
Michael Kasabuski
85.
86
87
88
89
90
91
92
93
Title and Sponsor
Roadway Acceptance - Booth Street
Carmen Corsaro
Conveyance of Land on Stevens Street
Joseph Lawlor and Others
Page #.
94.
95.
ARTICLE CONVEYANCE OF LAND OF STEVENS AND PLEASANT STREETS. To see if
the Town will vote to authorize the Board of Selectmen to sell or otherwise
convey to Joseph W. Lawlor and Shirley Lawlor for consideration of One Dollar
($1.00) all the Town's right, title, and interest in and to a certain parcel of
land located at the corner of Stevens Street and Pleasant Street and being more
particularly described as Lot "A: on a plan entitled Plan of Land in North
Andover, Mass., drawn for Joseph & Shirley Lawlor" dated March, 1995, by
Merrimack Engineering Services, 66 Park Street, Andover, Mass, containing 9,850
square feet, more or less, according to said plan; or take any other action in
relation thereto.
Joseph W. Lawlor and Others
98
ARTICLE AMP/TD~ TO ZONING BYLAW - SECTION 4.136 WATERSHED PROTECTION
DISTRICT. To see if the Town will vote to amend Section 4.136 Watershed
Protection District of the Zoning Bylaws as follows:
A. Eliminate underground tanks throughout the Watershed.
B. To allow restaurants connected to municipal sewer throughout the Watershed.
C. To eliminate the discharge of domestic or industrial in the non-discharge and
non-disturbance butter zones.
D. To add the Watershed Council, as a group that makes reocmmendations to the
Planning Board on permit applications int he Watershed (Note: The watershed
Council concists of the Planning, Conservaiton, health, Public Works, and
Water Treatment Plant Staff.).
E. To clarify and make consistent the existing languate, reorder the existing
paragraphs.
4.136 Watershed Protection District
1. Purpose
The Watershed Protection District is herein established as an overlay
district and shall be superImposed on the other districts established by
this Zoning Bylaw. The requirements enumerated hereafter for this
~ershed Protection District shall be in addition to, rather than in
~ace of, the requirements of such other districts.
~e Watershed Protection District surrounds Lake Cochichewick, the
~wn's sole source of public drinking water supply. Regulations within
the District are intended to preserve the purity of the ground water,
~he lake, and its tributaries; to maintain the ground water table; and
~ malntazn the filtration and purification functions of the land; while
~nserving the natural environment; and protecting the public health,
safety and welfare.
The Lake Cochichewick Watershed Plan (August 1987), prepared by I.E.P.,
Inc., for the Town of North Andover, is a comprehensive study of the
lake and its watershed. The Watershed Protection District is a portion
of the I.E.P. study's recommended management plan. Copies of the I.E.P.
report are available in the Planning Board Office.
do
The Special Permit Granting Authority (SPGA) under this Bylaw shall be
the Planning Board.
2. Boundaries and Zones
The boundaries of the Watershed Protection District are shown on the
Zoning Map as set forth on a plan entitled "Subdrainage Areas", Lake
Cochichewick Watershed Plan (August 1987), Attachment 1, dated August
1985, prepared by I.E.P.. Inc. for the Town of North Andover. This plan
25
To n
I/ .... ,
uses and buildin~ remitments for each zone will vary accordin~ to its
proximity to the Lake and wetland resource areas. The Zones are as
follows:
General: There shall exist a General Zone within the Watershed
Protection District which shall consist of all land located beyond
four hundred (400) feet horizontally from the annual mean .high
water mark of Lake Cochichewick and all wetland resource areas (as
defined in Massachusetts General Laws Chapter 131, Section 40, and
the Town Wetland Bylaw) located within the Watershed.
ii.
Non-Discharge: There shall exist a Non-Discharge Buffer Zone
within the Watershed Protection District which shall consist of all
land areas located between two hundred fifty (250) feet and four
hundred (400) feet horizontally from the annual mean high water
mark of Lake Cochichewick and between one hundred fifty (150) feet
and four hundred (400) feet horizontally from the edge of all
wetland resource areas (as defined in Massachusetts General Laws
Chapter 131, Section 40, and the Town Wetland Bylaw) located within
the Watershed.
iii. Non-Disturbance: There shall exist a Non-Disturbance Buffer Zone
within the Watershed Protection District which shall consist of all
land areas located between one hundred fifty (150) feet and two
hundred fifty (250) feet horizontally from the annual mean high
water mark of Lake Cochichewick, and between seventy five (75) feet
and one hundred fifty (150) feet horizontally from the edge of all
wetland resource areas (as defined in Massachusetts General Laws
Chapter 131, Section 40, and the Town Wetland Bylaw) located within
the Watershed.
iv. Conservation: There shall exist a Conservation Zone within the
Watershed Protection District which shall consist of all land areas
located within one hundred fifty (150) feet horizontally from the
annual mean high water mark of Lake Cochichewick, and within
seventy five (75) feet horizontally from the edge of all wetland
resource areas (as defined in Massachusetts General Laws Chapter
131, Section 40, and the Town Wetland Bylaw) located within the
Watershed.
In the event that the SPGA determines, on the basis of credible evidence
before it, that there exists a significant doubt or dispute concerning
the proper location of boundaries of the Watershed Protection District
on any individual lot or lots, the SPGA shall, at the request of the
owner of such lot or lots, engage a Registered Professional Engineer to
advise it in determining such boundaries. The owner making such request
shall reimburse the SPGA for the cost of such Engineer. Upon completion
26
ineer's report to the SPGA, the SPGA shall hold a hearing to
make a ~inal determination of such boundaries. At such hearing, such
~r~s~l be deemed evidence sufficient to establish the location of
the boundary unless rebutted by credible evidence to the contrary.
When the Watershed Protection District boundary divides a lot of record
as of June 28, 1978, in one ownership, that portion of the lot within
the Watershed Protection District must comply with this Bylaw. Where
the premises are partially outside of the Watershed Protection District,
potential pollution sources such as on-site waste disposal systems,
shall be located outside of the District to the extent feasible.
The provisions relating to the Conservation Zone shall not apply to any
activities undertaken by the Division of Public Works.
The provisions relating to the establishment of the Conservation Zone
and the enlargement of the Non-Disturbance Zone and the Non-Disturbance
Zones shall only apply to lots recorded or registered after the date of
the enactment of this amendment (October 4, 994). (1994/1STM).
Table 1 - Lots created after October 24. 1994
From Annual High Water
Mark of Lake
Cochichewick out to
Conservation
Non-Disturbance
Non- Discharge
150' 250' 400'
From Edge of Ail Wetland
Resource Areas Within the
Watershed District
out to
75' 150' 400'
Table 2 - Lots created on or prior tO October 24. 1994
Non-Disturbance Non- Discharge
From Annual High Water
Mark of Lake Cochichewick out to
250' 325'
From Edge of Ail Wetland Resource
Resource Areas Within the Watershed
District out to
100' 325'
3. Uses and Building Requirements
a. General Zone
There shall exist a General Zone within the Watershed Protection District
which shall consist of all land located beyond four hundred
27
horizontally from the annual mean high water mark of Lake
C~ochichewick and all wetland resource areas (as defined in Massachusetts
I~ene~a~ s hapter 131, Section 40 and the Town Wetland Bylaw) located
within the Watershed.
Allowed Uses: The following uses shall be allowed in the General
Zone of the Watershed Protection District as itemized below:
(1) All permitted uses allowed in Section 4.121 "Permitted Uses
Residence 1, 2, and 3 District" of the Zoning Bylaw.
(2) Ail uses associated with municipal water supply/treatment and
public sewer provided by the Town of North Andover.
(3)
The Division of Public Works may conduct routine maintenance
of any existing use of property, including the maintenance and
improvements of existing roadways and drainage systems.
(4) Maintenance of fire access lanes by the Fire Department.
(5)
Ail agricultural uses, providing that such uses exercise Best
Management Practices and be undertaken in such a manner as to
prevent erosion and siltation of adjacent water bodies and
wetlands.
ii.
Uses Allowed by Special Permit: The following uses may be allowed
in the General Zone of the Watershed Protection District by the
granting of a Special Permit issued pursuant to Section 4 of the
Watershed Protection District Bylaw:
(1) Golf courses, public or private with Best Management
Practices.
(2) Any other use not provided for elsewhere in this Section.
(3) A commercial kitchen on public sewer.
iii. Prohibited Uses: The following uses are specifically prohibited
within the General Zone of the Watershed Protection District:
(1) Any solid waste facility as defined by Massachusetts General
Laws Chapter 111, Section 150A.
(2)
Municipal sewage treatment facility, not including sewer
lines, pump stations and other accessory sewer system
equipment used to transport sewage to a treatment facility
located outside of the District.
(3) Privately owned waste water treatment plants.
28
Road salt or other deicing stockpiles.
.~0%5)-~['U~dergr°und tanks or collection pits for storage of fuel or
;c~8~rdous materials including any tanks or collection pits
partially below mean ground elevation but excluding any tanks
located completely within a building otherwise permitted under
this Section.
(6) Dumping of snow from outside the District.
(7) Motor vehicle salvage operations and junk yards.
(8) Car washes.
(9) Self-service laundries, unless connected to public sewer.
(10) Airplanes, boat, or motor vehicle service and repair
establishments (including auto body shops).
(11) Metal plating, finishing or polishing.
(12) Chemical and bacteriological laboratories.
(13) Electronic circuit assembly.
(14) Hotels, or motels, unless connected to public sewer.
(15) Painting, wood preserving and furniture stripping
establishments.
(16) Photographic processing establishments.
(17) Printing establishments.
(18) Dry Cleaning establishments.
(19) Storage of herbicides, pesticides or fertilizers, other than
in amounts normally associated with household or existing
agricultural use.
(20) Commercial cabinet or furniture making.
(21) Commercial storage or sale of petroleum or other refined
petroleum.
29
~0R~~ercial manufacture, storage, use, transportation or
disposal of any substance of such physical, chemical or
]~e~ous characteristics as to pose a significant, actual or
potential, hazard to water supplies, or other hazard to human
health if such substance or mixture were discharged onto land
or wauers of this Town, including but not limited to organic
chemicals, petroleum products, heavy metals, radioactive or
infectious waste, acids, and alkalis, and all substances
defined as Toxic or Hazardous under Massachusetts General Laws
Chapter 21C and Chapter 21E and the regulations promulgated
thereunder, and also including pesticides, herbicides,
solvents and thinners.
(23) Restaurants unless connected to public sewer.
(24) Commercial kitchens unless connected to public sewer.
iv.
Building Requirements: All construction in the Watershed
Protection District shall comply with best management practices for
erosion, siltation, and stormwater control in order to preserve the
purity of the ground water and the lake; to maintain the ground
water table; and to maintain the filtration and purification
functions of the land.
b. Non-Discharge Buffer Zone
There shall exist a Non-Discharge Buffer Zone within the Watershed Protection
District which shall consist of all land areas located between two hundred
fifty (250) feet and four hundred (400) feet horizontally from the annual
mean high water mark of Lake Cochichewick and between one hundred fifty (150)
feet and four hundred (400) feet horizontally from the edge of all wetland
resource areas (as defined in Massachusetts General Laws Chapter 131,
Section 40, and the Town Wetland Bylaw) located within the Watershed.
Allowed Uses: All of the Allowed Uses listed in Section 3(a) (i) of
this Watershed Protection District Bylaw are allowed in the Non-
Discharge Buffer Zone except as noted below:
ii.
Uses Allowed by Special Permit: The following activities may be
allowed within the Non-Discharge Buffer Zone only by the granting
of a Special Permit issued pursuant to Section 4 of this Watershed
Protection District Bylaw:
(i)
Any surface or sub-surface discharge, including but not
limited to, storm water runoff; drainage of any roadway that
is maintained by the Division of Public Works or any private
association; outlets of all drainage swales; outlets of all
detention ponds. Ail storm water management systems shall
employ Best Management Practices.
30
within the Non-Discharge Buffer Zone:
Watershed Protection District Bylaw are prohibited in the Non-
Discharge Zone.
(i)
The use, or method of application of, any lawn care or garden
product (fertilizer, pesticide, herbicide) that may contribute
to the degradation of the public water supply.
(2) The use of lawn care or garden products that are not organic
Dr slow-release nitrogen.
Building Requirements: All construction in the Watershed
Protection District shall comply with bestmanagement practices for
erosion, siltation, and stormwater control in order to preserve the
purity of the ground water and the lake; to maintain the ground
water table; and to maintain the filtration and purification
functions of the land.
c. Non-Disturbance Buffer Zone
There shall exist a Non-Disturbance Buffer Zone within the Watershed
Protection District which shall consist of all land areas located between one
hundred fifty (150) feet and two hundred fifty (250) feet horizontally from
the annual mean high water mark of Lake Cochichewick, and between seventy
five (75) feet and one hundred fifty (150) feet horizontally from the edge of
all wetland resource areas (as defined in Massachusetts General Laws
Chapter 131, Section 40, and the Town Wetland Bylaw) located within the
Watershed.
Allowed U~es: All of the Allowed Uses listed in Section 3(a) (i) of
this Watershed Protection District Bylaw are allowed in the Non-
Disturbance Zone except as noted below.
ii.
Uses Allowed by Special Permit: The following uses shall be
allowed within the Non-Disturbance Buffer Zone only by Special
Permit issued pursuant to Section 4 of this Watershed Protection
District Bylaw:
(1) Any activities which cause a change in topography or grade.
(2) Vegetation removal or cutting, other than in connection with
agricultural uses or maintenance of a landscape area.
(3) Construction of a new permanent structure only after a
variance has been granted by the Zoning Board of Appeals.
(4) Replacement of any permanent structure.
31
~OVE~
'T'±m±ted to, stormwater ru~of£; dra±nage of any roadway that ±s
ma±nra±ned by the ~i~ision of ~ubli¢ Works or any pr±~ate
association; outlets of all drainage swales; outlets of all
detention ponds.
(6)
Construction of any accessory structure or expansion of any
existing structure by less than twenty five (25) percent of
the gross floor area of the existing structure. (1994/1STM)
iii. Prohibited Uses: The following uses are specifically prohibited
within the Non-Disturbance Buffer Zone:
(i)
All of the Prohibited Uses listed in Section 3(c) (iii) of this
Watershed Protection District Bylaw are prohibited in the Non-
Discharge Zone.
(2) Construction of any septic system.
(3)
Construction of any new permanent structure, or expansion of
an existing structure by twenty-five (25) percent or more of
the gross floor area of the existing structure.
(4)
The use, or method of application of, any lawn care or garden
product (fertilizer, pesticide, herbicide) that may contribute
to the degradation of the public water supply.
(5) The use of lawn care or garden products that are not organic
or slow-release nitrogen.
iv.
Building Requirements: Ail construction in the Watershed
Protection District shall comply with best management practices for
erosion, siltation, and stormwater control in order to preserve the
purity of the ground water and the lake; to maintain the ground
water table; and to maintain the filtration and purification
functions of the land.
Conservation Zone
There shall exist a Conservation Zone within the Watershed Protection
District which shall consist of all land areas located within one
hundred fifty (150) feet horizontally from the annual mean high water
mark of Lake Cochichewick, and within seventy five (75) feet
horizontally from the edge of all wetland resource areas (as defined in
Massachusetts General Laws Chapter 131, Section 40, and the Town Wetland
Bylaw) located within the Watershed.
32
t'0
· ,^-~?~ :~lowed Uses: The following uses shall be allowed in the
NuNf~-A~O~ervation Zone of the Watershed Protection District except as
(1) All uses associated with m~icipal water supply/treatment and
public sewer provided by the To~ of North ~dover.
(2)
The Division of Public Works may conduct routine maintenance
of any existing use of property, including the maintenance and
improvements of existing roadways and drainage systems.
(3) Maintenance of fire access lanes by the Fire Department.
ii. Uses Allowed by Special Permit: No Special Permits will be granted
in the Conservation Zone.
iii. Prohibited Uses: The following uses are specifically prohibited
within the Conservation Zone:
(i)
All of the Prohibited Uses listed in Section 3(c) (iii) of this
Watershed Protection District Bylaw are prohibited in the Non-
Discharge Zone.
(2) Any activities which cause a change in topography or grade;
(3)
Vegetation removal or cutting, other than in connection with
existing agricultural uses or maintenance of an existing
landscape area;
(4) Construction or placement of any new permanent structures;
(5) Any surface or subsurface drainage, including, but not limited
to, stormwater runoff;
(6) Animal feedlots or the storage of manure;
(7) Construction of any septic system.
(8)
Construction of any accessory structure or expansion of an
existing structure by twenty-five (25) percent or more of the
gross floor area of the existing structure.
(9)
The use, or method of application of, any lawn care or garden
product (fertilizer, pesticide, herbicide) that may contribute
to the degradation of the public water supply.
33
~ ~.%~0) The use of lawn care or garden products that are not organic
.~!~ ~:~ ~'~ ~ r_,. or slow-release nitrogen.
T~el~e~ohibitions shall not apply to any activities undertaken by
the Division of Public Works within its authority or to work completed
in conjunction with the construction of the municipal sewer system.
(1994/1STM)
4. Special Permit Requirements
Nine (9) copies of an application for a Special Permit under this
Section shall be filed with the SPGA. Special Permits shall be granted
if the SPGA determines that the intent of the Bylaw, as well as its
specific criteria, are met. In making such determination the SPGA shall
give consideration to simplicity, reliability, and feasibility of the
control measures proposed and the degree of threat to water quality
which would result if the control measures failed.
bo
Upon receipt of a Special Permit Application, the SPGA shall transmit
one (1) copy of each to the Division of Public Works, Fire Chief, Title
III Committee, Division of Planning and Community Development,
Conservation Commission, the Board of Health, and the Watershed Council
for their writteh recommendations. Failure to respond in writing within
thirty (30) days shall indicate approval or no desire to comment by said
agency.
An application for a Special Permit under this Section shall include the
following information:
i. Application Form for a Special Permit from the Planning Board.
ii. Map on a scale of one (1) inch equals forty (40) feet prepared by
a Registered Professional Engineer or Surveyor showing:
(i)
the annual mean high water mark of Lake Cochichewick (if
annual mean high water mark is within four hundred (400) feet
of any proposed activity,
(2)
the edge of all wetland resource areas, as confirmed by the
Conservation Commission (if edge of wetland resource area is
within four hundred (400) feet of any proposed activity),
(3) the conservation zone,
(4) the non-disturbance zone,
(5) the non-discharge zone,
(6) the edge of vegetation clearing (edge of work).
34
JO¥C:E f~,~
TOWN
J~O~TJ'J ~ certification by a Registered Professional Engineer, or
scientist educated in and possessing extensive experience in
: ~science of hydrology and hydrogeology, stating that there will
~ ~ il , ~o~be any significant degradation of the quality or ~antity of
water in or entering Lake Cochichewick.
iv.
Proof that there is no reasonable alternative location outside the
Non-Disturbance and/or Non-Discharge Buffer Zones, whichever is
applicable, for any discharge, structure, or activity, associated
with the proposed use to occur. (1994/38)
Evidence of approval by the Massachusetts Department of
Environmental Protection (DEP) of any industrial waste water
treatment or disposal system or any waste water treatment of system
fifteen thousand (15,000) gallons per day capacity.
vi.
Evidence that all on-site operations including, but not limited to,
construction, waste water disposal, fertilizer applications and
septic systems will not create concentrations of Nitrogen in
groundwater, greater than the Federal limit at the downgradient
property boundary.
vii. Projections of downgradient concentrations of nitrogen, phosphorus
and other relevant chemicals at property boundaries and other
locations deemed pertinent by the SPGA.
The SPGA may also require that supporting materials be prepared by other
professionals including, but not limited to, a registered architect,
registered landscape architect, registered land surveyor, registered
sanitarian, biologist, geologist or hydrologist when in its judgement
the complexity of the proposed work warrants the relevant specified
expertise.
Special Permits under this Section shall be granted only if the SPGA
determines, after the time of comment by other Town agencies as
specified above has elapsed, that, as a result of the proposed use in
conjunction with other uses nearby, there will not be any significant
degradation of the quality or quantity of water in or entering Lake
Cochichewick.
fo
Any Special Permit issued under this Section for a new permanent
structure (other than an accessory structure or expansion that is less
than twenty five (25%) of the gross floor area of a structure) or a
septic system shall require that such structure or system be constructed
outside the Non-Disturbance Buffer Zone.
Within the Non-Disturbance Zone and Non-Discharge Buffer Zone, any
runoff from impervious surfaces shall, to the extent possible, be
recharged on site and diverted toward areas covered with vegetation for
surface infiltration. Where on site recharge is not feasible due to
35
JOY{
other natural conditions, other mitigating measures such as
sE on ponds, filter berms, or restoring wetlands, shall be used
rulv~,~e other methods are not feasible and after approval by the
o~rof~ealth, Building Inspector and the Division of Public Works to
assure that the methods used for on site infiltration and/or other
measures shall remain effective.
ho
Provisions shall be made to protect against toxic or hazardous material
discharge or loss resulting from corrosion, accidental damage, spillage
or vandalism through measures such as spill control provisions in the
vicinity of chemical or fuel delivery points; secured storage areas for
toxic or hazardous materials, and indoor storage provisions for
corrodible or dissolved materials. For operations which allow the
evaporation of toxic materials into the interior of any structure a
closed vapor system shall be provided for each structure to prevent
discharge or contaminated condensate into the groundwater.
For any toxic or hazardous waste to be produced in quantities greater
than those associated with normal household use, the applicant must
demonstrate the availability and feasibility of disposal methods which
are in conformance with Massachusetts General Laws Chapter 21C.
5. Violations
Written Notice of any violation of this Bylaw shall be provided by the SPGA
agent to the owner of the premises specifying the nature of the violation.
The agent of the SPGA shall request of the violator a schedule of compliance,
including cleanup of spilled materials, Such schedule shall allow for the
immediate corrective action to take place. This compliance schedule must be
reasonable in relation to the public health hazard involved and the
difficulty of compliance. In no event shall more than thirty (30) days be
allowed for either compliance or finalization of a plan for longer term of
compliance. Said schedule of compliance shall be submitted to the SPGA for
approval subsequent to the violation. Said agent of the SPGA shall notify
the Building Inspector of any violations of the Schedule of compliance or of
any failure to satisfy the requirements of this paragraph.
6. Severability
In any portion, sentence, clause or phase of this regulation shall be held
invalid for any reason, the remainder of this Bylaw shall continue in full
force.
Richard Nardella, Planning Board
EXPLANATION: The Board of Selectmen asked the Planning Board to review the
Watershed Protection Bylaw. Substantive changes were subsequently
made at the Special Town Meeting held in October of 1994.
36
The changes proposed above were made in an attempt to make the
Bylaw more readable and understandable. The only substantive
changes proposed are as follows:
Co
do
eliminate underground tanks throughout the Watershed,
to allow restaurants connected to the municipal sewer
throughout the Watershed,
to eliminate the discharge of domestic or industrial inthe
non-discharge and non-disturbance buffer zones,
to add the Watershed Council as a group that makes
reocmmendations to the Planning Board on permit applications
in the Watershed (Note: the Watershed Council consists of
the Planning, Conservation, Health, Pubic Works, and Water
Treatment Plant Staff)
37
A~LE AMENDMENT TO ZONING BYLAW ~ SECTION 4.136 (8) WATERSHED PROTECTION
DISTRICT.. To see if the Town will vote to amend Section 4 136 (8) Watershed
Ptr~e~l~ District of the zoning Bylaw to add non-criminal penalties for
violations of the bylaw, as follows:
Section 4.136 Watershed Protection District
Enforcement, Investigation & Violations
Written Notice of any violation of this Bylaw shall be provided by the
Director of Planning and Community Development or his or her agent to the owner
of the premises specifying the nature of the violation. The Director of Planning
and COmmunity Development shall request of the owner a schedule of compliance.
Such schedule shall allow for the immediate corrective action to take place.
Upon approval by the Department of Planning and Community Development, the
compliance schedule should reflect the nature of the public health hazard, the
degree of degradation to the natural resource area in question and the degree of
difficulty in receiving compliance. In no event shall more than thirty (30) days
be allowed for either compliance or finalization of a plan for longer term of
compliance. Said schedule of compliance shall be submitted to the Director of
Planning and Community Development or his or her agent for approval subsequent
to the violation. Said agents shall notify the Director of Planning and
Community Development of any violations of the schedule of compliance or any
failure to satisfy the requirements of this paragraph. Failure of one to respond
or comply to the violation within thirty (30) days may be subject to a penalty
as defined below.
In accordance with the provisions of Massachusetts General Laws Chapter 40
Sections 21 D and 31, Section 1-6 of the Code of the Town of North Andover, as
well as every other authority and power that may have been or may hereafter be
conferred upon it, the Town may enforce the provision of this Section, restrain
violations thereof and seek injunctions and judgments to secure compliance with
its provisions and any special permits that may have been issued. Without
limiting the generality of the foregoing;
A. Any person who violates any provision of this Section or of any condition or
a permit issue pursuant to it may be punished by a penalty pursuant to
Massachusetts General Laws, Chapter 40, Section 21 D, or Section 1-6 of the
Code of the Town of North Andover, each day or portion thereof during which
violation continues shall constitute a separate offense. This Bylaw may be
enforced pursuant to Massachusetts General Laws Chapter 40, Section 21D, by
a Town police officer, other persons having police powers, the Director of
Planning and Community Development or his/her designee.
In accordance with Massachusetts General Laws Chapter 40 Section 21D and
Section 1-6 of the Code of the Town of North Andover, violators may, at the
discretion of the enforcement authorities, be charged a penalty. The
penalties for violations or this Bylaw shall be assessed as follows:
38
~~%%'~. ~ tection District:
Alteration of any wetland
resource area.
Alteration of any stream or waterbody.
Depositing any refuse, debris, yard
waste or construction material in a
wetland or waterbody.
Use, method or application of any
lawn care or garden product pesticide
herbicide, or fertilizer) that may
contribute to the degradation of the
public water supply.
Use of lawn care products that are
not organic or slow-release nitrogen.
Construction of any Septic System.
Conservation
Zone
Non- Non-
Disturbance Discharge
Zone
Violation penalties are covered
the Wetlands Protection Bylaw;
maximum penalty is $ 300
$ 300 $ 250 $ 250
$ 300 $ 250 $ 200
Penalties covered under the
Board of Health regulations
Unauthorized construction of any $ 300 $ 250
of any accessory structure or
expansion of any existing structure
by less than 25 percent of the gross
floor area of the existing structure.
Animal feedlots or the $ 300
suorage of manure.
Expansion of an existing structure $ 300 $ 250
by 25% or more of the gross floor
area of the existing structure.
Change in grade or topography. $ 300 $ 250
Vegetation removal of cutting not $ 300 $ 250
associated with agricultural uses
or maintenance of landscape area.
Unauthorized construction of a new $ 300 $ 250
permanent structure.
Replacement of any permanent structure. $ 300 $ 250
Allowed
Allowed Allowed
Allowed
Allowed
Allowed
Allowed
Allowed
39
Watershed Protection District:
Activity
Any surface of subsurface discharge
including but not limited to storm-
water runoff; drainage of any road-
way that is maintained by the Div. of
Public Works or private association,
outlets of all drainage swales, outlets
of all detention ponds.
Non- Non-
Conservation Disturbance Discharge
Zone Zone
$ 300 $ 250 $ 200
Note:
Some of the identified activities require a special permit.
Special permit requirements are explained within this bylaw,
Section 4.136.
B. In the event of a violation of this Section or of any permit issued
thereunder, the Director of Planning and Community Development or his or her
agent may issue a stop work order to the owner, the applicant or agent by
certified mail, return receipt requested, or by posting the same in a
conspicuous location on said site. Any person who shall violate the
provisions of a stop work order shall be deemed in violation of the Section;
but the failure of the Board to issue a stop work order for any reason shall
not prevent the Town from pursuing any other legal remedy at law or in equity
to restrain violations of this Section and to secure compliance with its
orders.
C. The Town shall be the beneficiary of all fines imposed on account of the
violation of this Section in order to defray the expense of enforcing the
same.
D. Upon request of the Director of Planning and Community Development, the Board
of Selectmen and Town Counsel shall take such action as may be necessary to
~ enf~e this Bylaw and permits issued pursuant to it.
~ o._ Richard Nardella, Planning Board
.-4
40
RECE~V£~
JOYOE BRAD~HAW
TOWN OLERK
NORTH ANDOVER
ARTICLE AMENDMENT TO TOWN CODE SECTION 1-6. NONCRI"INAL DISPOSITION OF
~0~TI~.92 p~ee if the Town will vote to amend Section 1-6 Noncriminal
dispositio~ b~v4~lations of the Town Code to specify the following noncriminal
penalties for violations of the Watershed Protection District, Section 4.136 in
the Zoning Bylaw and the Wetlands Protection Bylaw, Chapter 178 of the Code of
the Town of North Andover.
Section 1-6. Noncriminal disposition of violations:
Violations of any provisions of these bylaws or rules and regulations of any
town department or board may be handled, as a noncriminal offense in accordance
with the provisions of Massachusetts General Laws Chapter 40, Section 21D. The
following is a table of non-criminal penalties for violations of the Watershed
Protection District, Section 4.136 (8), of the Zoning Bylaw and the Wetlands
Protection Bylaw Chapter 178 of the Code of the Town of North Andover:
Watershed Protection District:
Activity
Non- Non-
Conservation Disturbance Discharge
Zone Zone
Alteration of any wetland
resource area.
Alteration of any stream or
waterbody.
Depositing any refuse, debris, yard
waste or construction material in a
wetland or waterbody.
Violation penalties are covered
under or waterbody the Wetlands
Protection Bylaw; maximum penalty is
$ 300.
Use, method or appliclication of any
lawn care or garden product (pesticide,
herbicide, or fertilizer) that may
contribute to the degradation of the
public water supply.
$ 300 $ 250 $ 200
Use of lawn care products that are not
organic or slow-release nitrogen.
Construction of any septic system.
$ 300 $ 250 $ 200
Penalties covered under the
Board of Health regulations.
41
JO'fOE 0
Conservation
Non- Non-
Disturbance Discharge
Zone Zone
Unauthorized construction of any
accessory structure or expansion
of any existing structure by less than
25% of the gross floor area of the
existing structure
Animal feedlots or the storage of
manure
$ 300 $ 250 Allowed
$ 300 Allowed Allowed
Expansion of an existing structure by
25% or more of the gross floor area of
the existing structure.
$ 300 $ 250 Allowed
Change in grade or topography.
$ 300 $ 250 Allowed
Vegetation removal of cutting not
associated with agricultural uses
or maintenance of landscape area.
$ 300 $ 250 Allowed
Unauthorized construction of a new
permanent structure.
$ 300 $ 250 Allowed
Replacement of any permanent
structure.
$ 300 $ 250 Allowed
Any surface or sub-surface discharge,
including but not limited to, storm
storm water runoff; drainage of any
roadway that is maintained by the Div.
of public works or private association
outlets of all drainage swales,
outlets of all detention ponds.
$ 300 $ 250 $ 200
Note:
Some of the identified activities require a special permit.
Special permit requirements are explained within this
bylaw, Section 4.136.
Wetland Protection Bylaw Penalty
* Alteration of 1-1000 square footage wetland $ 50
* Alteration of 1001-2000 square footage of wetland $ 100
* Alteration of 2001-3000 square footage of wetland $ 200
42
* Alteration of greater than 3000 square footage
of wetland
Depositing any refuse, debris, yard waste or
construction material in a wetland or water body.
Alteration of any stream or water body.
Any violation of any section of this Bylaw that
occurs in the Lake Cochichewick Watershed
$ 300
$ 30o
$ 300
$ 300
Without a valid Order
Conservation Commission.
of Conditions from the North Andover
George Perna, Dir., Div. of Public Works
43
TOWN
forth below to~orrect~ typographical errors, clarify and make consistent the
existing language; to include the Town wetland bylaw mn the definition of
contiguous buildable area; to redefine lot width from fifty (50) feet to one
hundred (100) feet; to redefine the calculation of lot area, contiguous
buildable area, and street frontage; to list the criteria for receiving a special
permit for access other than over the street frontage; and to allow frontage
exception lots by special permit only:
SECTION 7 DIMENSIONAL REQUIREMENTS
7.1 Lot Area
Minimum lot areas for such uses in each district shall be as set forth in
Table 2, Summary of Dimensional Requirements, which is hereby made part of this
Bylaw.
7.1.1 Contiguous Buildable Area (CBA)
As of April 28, 1986, the area of any new lot created, exclusive of area in a
street or recorded way open to public use, at least seventy five {75) percent of'
the minimum lot area required for zoning shall be contiguous land other than land
located within a line identified as wetland resource areas in accordance with the
Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and
the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of
North Andover. The proposed structure must be constructed on said designated
contiguous land area.
7.1.2 Lot Width
For any lot created after May 1, 1995, the minimum width of the lot shall be a
distance of one hundred (100) feet between the street frontage and the front
building line The width shall be measured in a line parallel to the street.
This requirement shall apply in all zones except Residence 4 (R4); for zone R4
the distance shall be eighty (80) feet.
7.1.3 Restrictions
1, When a fifty (50) foot straight line ms drawn to divide a lot in two, and the
perimeter of the smaller piece is greater than two hundred (200) feet, then
such smaller piece shall not be included in the calculations when
determining:
lot area;
contiguous buildable area (CBA); or
street frontage
as required by the Summary of Dimensional Requirements (Table 2) of this
bylaw. This restriction applies only to lots created after May 1, 1995.
44
JO¥CE BRADSHAW
N0~;'"~W~'~[t [~[ created after May 1, 1995, shall have a lot depth of thirty (30) feet
or m~ for aE least eighty (80) percent of the minimum length of its
fr t t _ _
~4o~3~ ~S required by the Summary of Dimensional Reauireme~s (Table 2) of
~ f? thi~b~laW: The lot depth shall be measured as a line drawn perpendicular to
the street.
3. No lot, upon which is then located any buildings or with respect to which a
permit has been issued and is then outstanding for the erection of any
building, shall be subdivided or reduced ~n area in any manner unless said
lot shall thereafter fulfill the lot area, street frontage and yard space
requirements of this Bylaw except as may be permitted otherwise by the
provisions of a variance granted by the Board of Appeals. If land be
subdivided, conveyed, devised or otherwise transferred in violation hereof,
no building permit or other permit shall be issued with reference to any of
the land so transferred or to the lot(s) retained until all of such land and
lots meet the requirements of this Zoning Bylaw. Any land taken by eminent
domain or conveyed for a public purpose for which the land could have been
taken shall not be deemed to be transferred in violation of the provisions
hereof.
7.2
Street Frontage
Minimum street frontage shall be as set forth in Summary of Dimensional
Requzrements (Table 2) and the lot line meeting these requirements shall
constitute the "street frontage" for the lot. In no case shall actual street
frontage at the street line be less than seventy five (75) feet; except as
allowed by Section 7.2.2. Corner lots shall be required to have the required
frontage only on one street.
In determining the fulfillment of the minimum area and minimum street frontage
of a lot required in any zoning district, there shall not be included any land
within the limits of a street upon which such lot abuts, even if the fee to such
street ~s in the owner of the lot; except that if a corner lot at its street
corner is bounded in part by a segment of curved line not more than seventy five
(75) feet in length connecting other lines bounding such lot which if extended
would intersect, the area and frontage required in such lot shall be computed as
if such potentially intersecting lines were so extended; but if a curved line
more than seventy five (75) feet in length is the whole of any one boundary line
of a lot, the m~nimum area and minimum frontage required shall be determined
entirely within the lines bounding such lot, including such curved line.
7.2.1. Access across street frontage
Access to each lot, except for corner lots, must be provided across the street
frontage. If access to a lot is not across the street frontage as of the date
of the adoption of this Section 7.2.1, the lot will not be considered non-
conforming as to use or as to an existing structure on that lot. (1994/39)
Exceptions to this requirement may be granted by the issuance of a Special Permit
from the Planning Board. A street frontage access Special permit may be granted
for a lot in any residential district provided that:
45
~A~$c site is an appropriate location for access to the lot given the
curren~'~Hd projected traffic on the roadway, and the site distance to
~ ~?ad~~sveways and roadways, and/or
b) Special environmental conditions exist such as wetlands and/or steep slopes
such that access across the street frontage would require wetland filling or
extreme cutting and/or filling of slopes or would be otherwise detrimental to
the environment,
c) The access will not adversely affect the neighborhood;
d) There will be no nuisance or serious hazard to vehicles or pedestrians;
e) The access is in harmony with the general purpose and intent of this Bylaw.
7.2.2 Frontage exception
Exceptions for meeting the frontage and lot width requirements required by
Sections 7.1.2 and 7.2 may be granted upon the approval of a Special Permit. The
permit granting authority shall be the Planning Board.
A street frontage and lot width exception Special Permit may be granted for a lot
in any residential district provided that:
a) The area of the lot exceeds by three (3) times the minimum lot area required
for that district;
b) The lot has a minimum continuous street frontage of not less that fifty (50)
feet and a width of not less than (50) feet at any point between the street
and the site of the dwelling;
c) There is not more than one other such lot with frontage contiguous to it: and
d) It is so located as not to block the possible future extension of a dead end
street.
e) The creation of the frontage exception lot will not adversely affect the
neighborhood;
f) The creation of the frontage exception lot is in harmony with the general
purpose and intent of this Bylaw;
f) No such lot as described above on which a dwelling is located, shall be
hereafter reduced in area below the minimum area required in Section 7.1
(1985/16)
7.3
Yards (Setbacks)
Minimum front, side and rear setbacks shall be as set forth in Table 2, except
for eaves and uncovered steps. 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.
46
Ma~n~:.__~h~iq~ts.o~.~buildings and structures shall be as set forth in Table 2.
£f i %tions of height feet in the designated zoning districts
shall not apply to:
1. Farm buildings on farms of not less than ten (10) acres.
2. Nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads,
penthouses, processing towers, and other accessory structural features
usually erected at a height greater than the main roofs of any buildings.
3. Nor to domes, bell towers, or spires of churches or other buildings, provided
all features are in no way used for living purposes.
4. And further provided that no such structural feature of any non-manufacturing
building shall exceed a height of sixty five (65) feet from the ground.
5. Nor of a manufacturing building a height of eighty five (85) feet from the
ground.
7.5 Lot Coverage
Maximum lot coverage by buildings shall be as forth in Table 2. Lot coverage
shall mean the percent of the lot covered by principal and accessory structures.
7.6 Floor Area Ratio
Maximum floor area ratio (FAR) shall be as set forth in Table 2. FAR is the
ratio between the total amount of building floor area on all usable floors and
the area of the lot on which it is located.
7.7 Dwelling Unit Density
Maximum dwelling unit density (dwelling units per acre) shall be as set forth in
Table 2
7.8 Exceptions
The residential lot areas and frontages above required and listed in
Table 2 shall not apply ~n any residence district to any lot of less area
or less frontage than above required if such lot be not adjoined by other
land of the same owner, available for combination with or use in
connection with such lot, provided that the applicant for a building
permit on any such lot shall show by citations from the Essex County
Registry of Deeds incorporated in or attached to such application that
such lot was lawfully laid out and duly recorded by plan or deed prior to
January 9, 1957, and provided that on such a lot there shall be kept open
and not built upon a front yard and a rear yard each not less than 20 feet
deep, and two side yards, each not less than 12 feet wide; and further
provided that such lot shall have a m~nimum street frontage of 50 feet and
a minimum lot area of 5,000 square feet.
47
In Residence 4 (R4) Districts only, two or more vacant lots, mutually
adjoining, may with a Special Permit from the Board of Appeals be
permitted to be combined into a new lot or lots of not less than 10,000
square feet area each, and with not less than 100 feet street frontage,
provided it be shown to the Board of Appeals that each such lot was
lawfully laid out and duly recorded by plan or deed prior to
January 9, 1957 and the Building Inspector shall permit the construction
of one single-family dwelling on each such 10,000 square foot lot.
As described in Massachusetts General Laws Chapter 40A, no amendment to
this Zoning Bylaw shall apply to land shown on an approved definitive
subdivision plan as defined by the Subdivision Control Law, for the length
of time described in Massachusetts General Laws Chapter 40A.
As described in Massachusetts General Laws Chapter 40A, no amendment to
this Zoning Bylaw shall affect the use of land shown on an endorsed
Approval Not Required Plan, as defined by the Subdivision Control Law, for
the length of time described in Massachusetts General Laws Chapter 40A.
Richard Nardella, Planning Board
48
~[O~'~Ti~ A[~,~.^.O~'~ICLE AMENDMENT TO ZONINe BYLAW SECTION 7 DIMENSIONAL
Require~en~,s~ .~ ,.as set forth below to correct typographical errors, clarify and make
cor~s~.~t~he existing language; to include the Town wetland bylaw in the
definition of contiguous buildable area; to redefine lot width from fifty (50)
feet to one hundred (100) feet; to redefine the calculation of lot area,
contiguous buildable area, and street frontage; to list the criteria for
receiving a special permit for access other than over the street frontage; and
to allow frontage exception lots by special permit only:
SECTION 7 DIMENSIONAL REQUIREMENTS
7.1 Lot Area
Minimum lot areas for such uses in each district shall be as set forth in
Table 2, Summary of Dimensional Requirements, which is hereby made part of this
Bylaw.
7.1.1 Contiguous Buildable Area (CBA)
As of April 28, 1986, the area of any new lot created, exclusive of area in a
street or recorded way open to public use, at least seventy five (75) percent of
the minimum lot area required for zoning shall be contiguous land other than land
located within a line identified as wetland resource areas in accordance with the
Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and
the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of
North Andover. The proposed structure must be constructed on said designated
contiguous land area.
7.1.2 Lot Width
For any lot created after May 1, 1995, the minimum width of the lot shall be a
distance of one hundred (100) feet between the street frontage and the front
building line The width shall be measured in a line parallel to the street.
This requirement shall apply in all zones except Residence 4 (R4); for zone R4
the distance shall be eighty (80) feet.
7.1.3 Restrictions
When a fifty (50) foot straight line is drawn to divide a lot in two, and
the perimeter of the smaller piece is greater than two hundred (200) feet,
then such smaller piece shall not be included in the calculations when
determining:
lot area;
contiguous buildable area (CBA); or
street frontage
as required by the Summary of Dimensional Requirements (Table 2) of this
bylaw. This restriction applies only to lots created after May 1, 1995.
2. Any lot created after May 1, 1995, shall have a lot depth of thirty (30)
49
. HAW
u at least eighty (80) percent of the minimum length of its
f~nta~e,~___,~,,,~n~as rec~ired by the Summary of Dimensional Requirements (Table 2)
th~sl3b~f~ The lot depth shall be measured as a line drawn
perpendicular to the street.
No lot, upon which is then located any buildings or with respect to which
a permit has been issued and is then outstanding for the erection of any
building, shall be subdivided or reduced in area in any manner unless said
lot shall thereafter fulfill the lot area, street frontage and yard space
requirements of this Bylaw except as may be permitted otherwise by the
provisions of a variance granted by the Board of Appeals. If land be
subdivided, conveyed, devised or otherwise transferred in violation
hereof, no building permit or other permit shall be issued with reference
to any of the land so transferred or to the lot(s) retained until all of
such land and lots meet the requirements of this Zoning Bylaw. Any land
taken by eminent domain or conveyed for a public purpose for which the
land could have been taken shall not be deemed to be transferred in
violation of the provisions hereof.
7.2 Street Frontage
Minimum street frontage shall be as set forth in Summary of Dimensional
Requirements (Table 2) and the lot line meeting these requirements shall
constitute the "street frontage" for the lot. In no case shall actual street
frontage at the street line be less than seventy five (75) feet; except as
allowed by Section 7.2.2. Corner lots shall be required to have the required
frontage only on one street.
In determining the fulfillment of the minimum area and minimum street frontage
of a lot required in any zoning district, there shall not be included any land
within the limits of a street upon which such lot abuts, even if the fee to such
street is in the owner of the lot; except that if a corner lot at its street
corner is bounded in part by a segment of curved line not more than seventy five
(75) feet in length connecting other lines bounding such lot which if extended
would intersect, the area and frontage required zn such lot shall be computed as
if such potentially intersecting lines were so extended; but if a curved line
more than seventy five (75) feet in length is the whole of any one boundary line
of a lot, the minimum area and minimum frontage required shall be determined
entirely within the lines bounding such lot, including such curved line.
~.2.1. Access across street frontage
Access to each lot, except for corner lots, must be provided across the street
frontage. If access to a lot is not across the street frontage as of the date
of the adoption of this Section 7.2.1, the lot will not be considered non-
conforming as to use or as to an existing structure on that lot. (1994/39)
Exceptions to this requirement may be granted by the issuance of a Special Permit
from the Planning Board. A street frontage access Special permit may be granted
for a lot in any residential district provided that:
a) The specific site is an appropriate location for access to the lot given
50
~~~t and projected traffic on the roadway, and the site distance to
adjacent ~veways and roadways, and/or
b) Special environmental conditions exist such as wetlands and/or steep
slopes such that access across the street frontage would require wetland
filling or extreme cutting and/or filling of slopes or would be otherwise
detrimental to the environment,
c) The access will not adversely affect the neighborhood;
d) There will be no nuisance or serious hazard to vehicles or pedestrians;
e)
The access is in harmony with the general purpose and intent of this
Bylaw.
7.2.2
Frontage exception
Exceptions for meeting the frontage and lot width requirements required by
Sections 7.1.2 and 7.2 may be granted upon the approval of a Special Permit. The
permit granting authority shall be the Planning Board.
A street frontage and lot width exception Special Permit may be granted for a lot
in any residential district provided that:
a)
The area of the lot exceeds by three (3) times the minimum lot area
required for that district;
b)
The lot has a minimum continuous street frontage of not less that fifty
(50) feet and a width of not less than (50) feet at any point between the
street and the site of the dwelling;
c)
and
There is not more than one other such lot with frontage contiguous to it:
d)
end
It is so located as not to block the possible future extension of a dead
street.
e)
The creation of the frontage exception lot will not adversely affect the
neighborhood;
f)
The creation of the frontage exception lot is in harmony with the general
purpose and intent of this Bylaw;
f)
No such lot as described above on which a dwelling is located, shall be
hereafter reduced in area below the minimum area required in Section 7.1
(1985/16)
7.3 Yards (Setbacks)
Minimum front, side and rear setbacks shall be as set forth in Table 2, except
for eaves and uncovered steps. Buildings on corner lots shall have the required
front setback from both streets, except in Residence 4 (R4) District, where the
51
Maximum heights of buildings and structures shall be as set forth in Table 2.
The foregoing limitations of height in feet in the designated zoning districts
shall not apply to:
1. Farm buildings on farms of not less than ten (10) acres.
Nor shall they apply to chimneys, ventilators, skylights, tanks,
bulkheads, penthouses, processing towers, and other accessory structural
features usually erected at a height greater than the main roofs of any
buildings.
Nor to domes, bell towers, or spires of churches or other buildings,
provided all features are in no way used for living purposes.
And further provided that no such structural feature of any non-
manufacturing building shall exceed a height of sixty five (65) feet from
the ground.
Nor of a manufacturing building a height of eighty five (85) feet from the
ground.
7.5 Lot Coverage
Maximum lot coverage by buildings shall be as forth in Table 2. Lot coverage
shall mean the percent of the lot covered by principal and accessory structures.
7.6 Floor Area Ratio
Maximum floor area ratio (FAR) shall be as set forth in Table 2. FAR is the
ratio between the total amount of building floor area on all usable floors and
the area of the lot on which it is located.
7.7 Dwelling Unit Density
Maximum dwelling unit density (dwelling units per acre) shall be as set forth in
Table 2
7.8 Exceptions
The residential lot areas and frontages above required and listed in
Table 2 shall not apply in any residence district to any lot of less area
or less frontage than above required if such lot be not adjoined by other
land of the same owner, available for combination with or use in
connection with such lot, provided that the applicant for a building
permit on any such lot shall show by citations from the Essex County
Registry of Deeds incorporated in or attached to such application that
such lot was lawfully laid out and duly recorded by plan or deed prior to
January 9, 1957, and provided that on such a lot there shall be kept open
52
N~R~~;.~uilt upon a front yard and a rear yard each not less than 20 feet
'" ~U~ ,
s,ooo
In Residence 4 (R4) Districts only, two or more vacant lots, mutually
adjoining, may with a Special Permit from the Board of Appeals be
permitted to be combined into a new lot or lots of not less than 10,000
square feet area each, and with not less than 100 feet street frontage,
provided it be shown to the Board of Appeals that each such lot was
lawfully laid out and duly recorded by plan or deed prior to
January 9, 1957 and the Building Inspector shall permit the construction
of one single-family dwelling on each such 10,000 square foot lot.
As described in Massachusetts General Laws Chapter 40A, no amendment to
this Zoning Bylaw shall apply 'to land shown on an approved definitive
subdivision plan as defined by the Subdivision Control Law, for the length
of time described in Massachusetts General Laws Chapter 40A.
As described in Massachusetts General Laws Chapter 40A, no amendment to
this Zoning Bylaw shall affect the use of land shown on an endorsed
Approval Not Required Plan, as defined by the Subdivision Control Law, for
the length of time described in Massachusetts General Laws Chapter 40A.
Mary E. Nardella and Others
53
ARTICLE ROADWAY ACCEPTANCE ANNE ROAD. To see if the Town will vote
to accept the roadway, as public way, namely "Anne Road" from Station # 0+26.67
to Station #4+52.75, as shown on the plan entitled "Definitive Subdivision Plan
of Land Sideri Place, North Andover, Massachusetts," prepared by
"Richard F. Kaminski & Associates, 200 Sutton Street, North Andover,
Massachusetts 01845", dated May 29, 1985, "Sheet 2 of 4, and recorded at Essex
North Registry of Deeds, as Plan ~ 10158, received and recorded January 17, 1986
at 2:25 PM, B 2116, P 1, Registry of Deeds."
Ercole L. Sideri and Others
Board of Selectmen Recommendation:
Planning Board Recommendation:
63
ARTICLE ROADWAY ACCEPTANCE SCOTT CIRCLE. To see if the Town will
vote to accept the roadway as a public way, namely Scott Circle from Station 0+00
to Station 5+50.36 as shown on a plan entitled "Whippoorwill Park" prepared by
Neve Associates, 447 Old Boston Road, Topsfield, MA 01983, prepared for David and
Cheryl Dickerson, One Scott Circle, North Andover, MA 01845, dated
February 15, 1991, Revised August 3, 1993 by Scott Giles, 50 Deer Meadow Road,
North Andover, MA 01845, sheet 1 of 3 and recorded at Essex North Registry of
Deeds as Plan ~12273.
Cheryl Dickerson and Others
Board of Selectmen Recommendation:
Planning Board Recoaunendation:
64
ARTICLE ACQUIRE BY EMINENT DOMAIN A PORTION OF REA STREET. To see if
the Town will vote to acquire by eminent domain that portion of Rea Street from
Summer Street to North Cross Road, as shown on "Subdivision Plan of Land on
Francis Estates in North Andover, Mass., drawn for E.C.S., Inc., PO Box 177,
Pinehurst, MA, Scale 1"+40', Dec., 1984, Rev. June, 1985, Merrimack Engineering
Services, 66 Park Street, Andover, MA No. 10015, and at the discretion of the
Department of Public Works to expend as much as necessary of the subdivision
performance bond funds released upon demand of the Town, and now held by the
Town, to complete the final paving of that portion of Rea Street.
Gina Armano and Others
78
ZONING BYLAW AMENDMENT - SECTION 9 NON-CONFORMING USES. To see if the
Town will vote to add the following language to the end of paragraph 9.1,
SECTION 9 - NON-CONFORMING USES.
"When a pre-existing structure has been made non-conforming due to changes
in the lot size required by this bylaw, such structure may be extended or
altered based on a finding by the Zoning Enforcement officer that such
structure after the change meets all current zoning requirements except for
lot size."
Richard Rowen & Others
79
ARTICLE AMEND TOWN CODE TO PROHIBIT GASOLINE OR DIESEL POWER BOATS ON
LAKE COCHICHEWICK. To see if the Town will vote to amend the Code of North
Andover by the creation of a Bylaw which prohibits the use of all gasoline or
diesel powered boats on Lake Cochichewick, and its tributaries, unless otherwise
authorized by the Department of Public Works for the lake monitoring procedures
and/or emergencies.
George Reich and Others
8O
ARTICLE ROADWAY ACCEPTANCE - VILLAGE WAY. To see if the Town will vote
to accept the roadway known as "Village Way, as a public way, namely "Village
Way" from Station 0+00 to Station 3+77.05 as shown on a plan entitled,
"Definitive Subdivision of Village Woods, North Andover, Mass., owner and
Applicant Anthony J. Foresta, prepared by Frank Gelinas and Associates, Inc.,
North Andover, Mass., Scale 1'+40', dated March 17, 1981, revised 2/5/82" and
recorded in the Essex North District Registry of Deeds as Plan No. 9582, and
supplemented by a plan entitled, "Supplemental Plan for the Definitive
Subdivision of Village Woods, North Andover, Mass., by Richard F. Kaminski and
Associates, Inc., North Andover MA, dated March 11, 1985, and recorded in said
Registry, as Plan No. 9853.
Steven Knott and Others
81
ARTICLE AMEND ZONING ORDINANCE. To see if the Town will vote to amend
the North Andover Zoning Ordinance together with the Zoning Map to change from
Ri and R2 to R3, the premises South of Pleasant Street and North of Great Pond
Road, as further hereinafter described:
The land shown on Registered Land Plan Number 33537C filed with the North
Essex Registry of Deeds and shown on said plan, as lots 4 through 14 inclusive
and an unregistered parcel of land shown on said plan, as belonging to
Daniel J. Murphy, bounded as follows:
Southeasterly
Westerly
Northeasterly
Northeasterly
By the northwesterly line of Great Pond Road, 215.00 feet,
250.25 feet, and 49.65 feet;
By land of various owners, 253.03 feet, 159.97 feet,
64.14 feet, 194.12 feet, 222.41 feet, 136.58 feet,
127.20 feet, 143.98 feet, 23.60 feet, 283.32 feet, 15.50 feet,
135.00 feet, 108.48 feet, and 54.25 feet;
By the Southwesterly line of Pleasant Street, 52.53 feet,
120.80 feet, 98.40 feet, 100.00 feet, 90.02 feet, 71.50 feet,
20.00 feet, 129.14 feet, 37.50 feet, 125.00 feet, 46.50 feet,
78.85 feet, 31.00 feet; and
By the Northwesterly line of the Massachusetts Electric
Company Easement, as it runs from Pleasant Street to Great
Pond Road.
Douglas J. Ely and Others
82
ARTICLE ACQUISITION OF EASEMENT - RALEIGH TAVERN LANE. To see if the
Town will vote to raise and appropriate the sum of $ 100.00 to be expended under
the direction of the Board of Selectmen for the purpose of acquiring by purchase,
eminent domain, gift, grant or otherwise, an easement for drainage over and under
a parcel of land now owned by William Crafton and Mary Lou Crafton, see deed
recorded with the North Essex Registry of Deeds in Book 1725, at Page 231 and any
other persons with an established right in the following described premises:
A strip of land twenty feet in width over a portion of Lot No. 14 on a plan
entitled, "Definitive Plan 'Raleigh Tavern Estates', North Andover,
Massachusetts, Owner, Old North Andover Realty Trust, Engineer, hayes
Engineering, Inc." dated May 15, 1968, and recorded in the North Essex Registry
of Deeds, as Plan No. 5913. Said strip commencing at a point on the
Southeasterly line of Raleigh Tavern lane at Station 9 + 04.34; thence travelling
N 48 degrees 02' 00" East for a distance of 140.00 feet; thence travelling S 41
degrees 58 00" East for a distance of 20.00 feet; thence travelling S 48 degrees
02' 00" West for a distance of 140.00 feet; to another point on the Southeasterly
line of Raleigh Tavern Lane at Station 9 + 24.34; thence travelling N 41 degrees
58' 00" West along the Southeasterly boundary of Raleigh Tavern Lane for a
distance of 20.00 feet to the point of begInning.
Including without limiting any and all rights necessary to provide drainage over
and under said strip, the perpetual rights and easements to construct, inspect,
repair, remove, replace, operate and forever maintain {a} pipes, conduits, and
their appurtenances for the conveyance of water, (2) a covered surface and ground
water drain or drains with any manholes, pipes, conduits and their appurtenances,
and (3) rights f flowage over the surface for surface and ground water drainage
including the right to alter the surface contours to contain, direct, and control
the flow of said water and to do all other acts incidental to the foregoing,
including the right to pass along and over the land for the aforesaid purposes,
over, in, through and under the whole of said twenty (20) foot strip of land.
George Perna and Others
83
ARTICLE ACQUISITION OF EASEMENT RALEIGH TAVERN LANE (Scarborough
Property). To see if the Town will voue to raise and appropriate the sum of
$ 100.00 to be expended under the direction of the Board of Selectmen for the
purpose of acquiring by purchase, eminent domain, gift, grant or otherwise, an
easement for drainage over and under a parcel of land now owned by Richard H.
Scarborough and Patricia M. Scarborough, see deed recorded with the North Essex
Registry of Deeds in Book 1142, at Page 90 and any other persons with an
established right in the following described premises:
As strip of land twenty feet in width over a portion of Lot No. 30 on a plan
entitled, "Definitive Plan 'Raleigh Tavern Estates', North Andover,
Massachusetts, Owner, Old North Andover Realty Trust, Engineer, Hayes
Engineering, Inc." dated May 15, 1968, and recorded in North Essex Registry of
Deeds, as Plan No. 5913. Said strip commencing at a point on the Northwesterly
line of Raleigh Tavern Lane at Station 9 + 01.02; thence travelling S 75 degrees
52' 00" west for a distance of 120.00 feet; thence travelling S 14 degrees 08'
00" East for a distance of 20.00 feet; thence travelling N 75 degrees 52' 00"
East for a distance of 130.58 feet to another point on the Northwesterly line of
Raleigh Tavern Lane for a distance of 22.62 feet to the point of beginning.
Including without limiting any and all rights necessary to provide drainage over
and under said strip, the perpetual rights and easements to construct, inspect,
repair, remove, replace, operate and forever maintain (a) pipes, conduits, and
their appurtenances for the conveyance of water, (2) a convered surface and
ground water drain or drains with any manholes, pipes, conduits, and their
appurtenances, and (3) rights of flowage over the surface for surface and ground
water drainage including the right to alter the surface contours to contain,
direct, and control the flow of said water and to do all other acts incidental
to the foregoing, including the right to pass along and over the land for the
aforesaid purposes, over, in, through and under the whole of said twenty (20)
foot strip of land.
George Perna and Others
84
ARTICLE AMEND THE CODE OF THE TOWN OF NORTH ANDOVER - PROHIBIT THE
SALE OF PRODUCT KNOWN AS "SILLY STRING". To see if the Town of North Andover
will vote the amend the Town Code to insert the following section:
"No person, during any parade, festival, concert, sporting event or
other public event shall sell or distribute on any street, sidewalk,
or pubic way of the Town or upon an~ property owned by the Town, a
product known as "Silly String" or any similar product sold or used
for amusement that ejects a soft rubbery substance; any aerosol can
that ejects paint, shaving cream, foam or makes loud noises or any
explosive device."
Daniel Long and Others
85
ARTICLE REZONE - 57 TURNPIKE STREET. To see if the Town will vote to
change the zoning of said parcel of land from existing zoning designation from
Residential to Business-4, which lot 13 now abuts. Parcels of land situated at
Turnpike Street, North Andvoer, bounded and described as set forth in exhibits.
EXHIBIT A
57 Turnpike Street, as being shown on a plan entitled "Plan of North
Andover, MA, owned by Joseph F. Kelly dated April 20, 1955, Ralph B. Brasseur,
C.E., recorded with Essex County North District Registry of Deeds, as Plan No.
3001 and more particularly bounded and described, as follows:
NORTHEASTERLY
by Salem Turnpiek (State Highway) one hundred, twenty -two and
86/100 (122.86) feet;
SOUTHERLY
by land now or formally of Connelly, as shown on said plan,
two hundred, seventy-six and 76/100 (276.76) feet; and
NORTHWESTERLY
by Lot 11, on siad plan, two hundred forty-eight (248.00)
feet.
Contianing 15,235 square feet of land, more or less, according to said plan.
Joseph F. & Jeanne M. Bramanti and Others
see map
Explanation: Due to the recent road expansion of Turnpike Street (Rt. 114) in
our area, residential living has become non-conducive and virtually impossible
to sell the property as residential. We have had inquiries from commercial
realtors about the property, and they have also suggested that we look into
rezoning.
86
ARTICLE REZONE - 47 TURNPIKE STREET. To see if the Town will vote to
change the zoning of said parcel of land from existing zoning designation from
Residential to Business-4, which lot 13 now abuts. Parcels of land situated at
Turnpike Street, North Andvoer, bounded and described as set forth in exhibits.
EXHIBIT A
47 Turnepike Street as being shown as lot 11 on a plan entitled "Plan of
North Andover, MA, owned by Joseph F. Kelly dated April 20, 1955, Ralph B.
brasseur, C.E., recorded with Essex County North District Registry of Deeds , as
Plan No. 3001 and more particularly bounded and described as follows:
NORTHEASTERLY by SalemTurnpike (State Highway) eighty (80) feet;
SOUTHEASTERLY
by lot 13, on said plan, two hundred and forty-eight
(248) feet;
SOUTHERLY
by land of owners unknown, forty-six and 29/100 (46.29)
feet;
SOUTHWESTERLY
by part f lot 10 and part of 8, both on said plan sixty-
seven and 05/100 (67.05) feet;
NORTHWESTERLY
by lot 9, on said plan, two hundred fifty-eight and
44/100 (258.44) feet.
Contains 21,810 square feet of land, according to said plan.
William J. & Elaine M. Paul and Others
Explanation: Due to the recent road expansion of Turnpike Street (Rt. 114) in
our area, residential living has become non-conducive and virtually impossible
to sell the property as residential. We have had inquiries from commercial
realtors about the property, and they have also suggested that we look into
rezoning.
see map
87
ARTICLE ROADWAY ACCEPTANCE - F~ADOWOOD ROAD. To see if the town will
vote to accept the roadway, as a public way, namely Meadowood Road, as shown on
a plan entitled "Special Permit and Definitive Plan Meadowood North Andover,
Mass"' prepared by Merrimack Engineering Serices, Inc., 66 park Street, Andover,
Massachusetts, 01810, prepared for Meadows Realty Trust, PO Box 6700 Suite 209,
North Andover, Mass, dated September 15, 1992, sheet 1 thorugh 7 and recorded at
Essex North Registry of Deeds, as Plan #12178.
Thomas Laudani and Others
88
ARTICLE ROADWAY ACCEPTANCE SPRING HILL ROAD. To see if the Town will
vote to accept the roadway, as a public way, namely Spring hill road, as shown
on a Plan of Land entitled "Spring Hill" , Thomas E. Neve, Associates, Engineer,
dated October 17, 1994, Joseph Fitzgibbons, Trustee, Owner. Said Plan is
recorded at Essex North District Registry of Deeds, as Plan 9779. Stations on
said plan are shown as 0+0, to 14+00.
Paul St. Hilaire and Others
89
ARTICLE ROADWAY ACCEPTANCE - HIDDEN COURT. To see if the town will
vote to accept the roadway, as a public way, namely Hidden Court (Stations are
not set forth on said Plan) on a plan of land entitled: "SUBDIVISION PLAN OF
LAND IN NORTH ANDOVER, Donohoe and Parkhurst, Inc., Surveyors," Dated:
September 25, 1989, Sheets 1-6, and recorded at North Essex District Registry of
Deeds, Registered land Section, as Plan No. 369093U.
Paul St. Hilaire and Others
9O
ARTICLE RENOVATION/ADDITION OF MIDDLE SCHOOL APPROPRIATION OF
$ 17,973,000 BY CITIZEN'S PETITION. To see if the Town will vote to raise by
taxation, by transfer of available funds, by borrowing, or by any combination of
the foregoing and appropriate $ 17,973,000 or any other sum, to be expended under
the direction of the School Building Committee for the purpose of reconstructing,
remodeling, and constructing additions to the North Andover Middle School
including: any necessary design services related thereto, including the.
preparation of plans and specifications; the purchasing of equipment and
furnishings, therefor; and the retaining the services of a qualified construction
manager to oversee the project, or to take any other action related thereto.
Barbara Hagerty and Others
91
ROADWAY ACCEPTANCES - CASTLEMERE AND CARRIAGE CHASE. To see if the Town
will vote to accept as public ways, the roadways known as Castlemere and Carriage
Chase, as shown on a plan of land entitled "definitive Subdivision Plan of
'Marble Ridge' in North AndOver, Mass." Owner and Applicant: Marbleridge
Development, Corp., 754 Forest Street, North Andover, MA, Christiansen
Engineering, Inc., dated October 19, 1984, as revised, said plan recorded in the
North Essex Registry of Deeds as plan #9791 all as further set out in the legal
description filed herewith, as Exhibit A (incorporated by reference) and filed
with the North Andover Board of Selectmen and Community Development Department.
Michael Kasabuski and Others
93
~I~EQUEST FOR INSERTION OF ARTICI.P. INeTHE~,,]i~A/h'iJkNT FOR TH{/ Il)
Board oI ~electmsu
Town Ot~c~ Building
North An~var, Y.u~chu~ta
HORTH AHii'OVER
It bs hereby mqueated tht the foUowin8 Article bo immrted in tho Wan~nt fat t~ 11195 North
Andover Annual Town Meetin&:
(,~PPROPRIATION Artiei,. e: 'lo see if tim Town will voto-t~-"~isa and fjppropria~ tho mia
for ~e purpo~ of
OR:
(OTHER) A~ticla__*: To seeiftheTownwfllvo~
To accept as a public Way that portion of Booth Street as is located
between Wesley and Wallace Streets and shown on a plan entitled
"Definitive Subdivision Plan, Being a Subdivision of Lot 292 Shown
on Land Court Plan 3263F located in North Andover, MA', Applicant: S
& S Builders, Christiansen and Sergi, Profes&ional Engineers Land
Surveyors and recorded {ith the Land Court as Plan 13263G all as
further set out in the legal description filed herewith as Exhibit A
and filed with the North Andover
Community Devql~pment Department.
(If PetigonerhaTown: Petition d the
OR:
(If the insartion of the
proposed Article is at
the mque~t of "ten or
more registered voters
of the town" ~mder O.
I~ c. 39, e. 10)
Board of Selectmen and the
By:
PetiUonof ~/~/~/~z'/z/ /~ C'~ ~ f /a fe o ** ,nd oUam
/
?
Boa~d o£
To~uOffice Bu~ldin~
~t Is he~eb~ requested
the ~9~ ~o=th~er ~ual ~o~ ~et~ng,
d~rec~on o~ the ......
the golio~ing A~icle be ~nse~ted in the ~ar~snc
~he TOrn wL~l vote to
, ~o be expeudedunder the
for the purposes
OR (OTIIK~) AFticle -: TO see if ~he To~n wall voLa
to authorize the ,Board of Selectman to sell or otherwise convey to Joseph W. Lawlor and
Shirley Lawlor for consideration of One ($1.00) Dollar all of the tOwn's right, title and laterest
in and to a certain parcel of land located at the corner of Stevens Street and Pleasant Street
and being more particularly described as Lot "A' on a plan entitled Plan of Land in North
Andover, Mass. Drawn for Joseph & Shirley Lawlor" dated Marcb, 1995 by Merrimack
Engineering Services, 66 Park Street, Andover, Mass. containing 9,850 square feet, more or
less, according to said plan; or take any other action In relation thereto.
(XE Petitioner is a
Town Agency)
Tezition of the ....... .~
By: ............. "
OR, Petition o~ ,.JOs_.eph W. ,Lawlo_r ,,--- ** and others
o~ . ~he proposed ~
More regi~tur~ /~/~ ...... ·
voeez~ O~ the T~' / ~ / · ~f ~ · ~ /' ~ ~ ~ /' ~
~) ~.~. c. 3, ~ ~~-~~ ~ ~ !-,~: !/. /u./'/,__
.
~a~e blan~ ~h . · _ ' ' '' "
b'e' ~ a t ~ ~ // -
REQUEST FOR
~ INSP~I~0~,~ ARTICLE IN THE WARRAN'I
j0,(~r..~ ~AL TOWN MEETING
~:~3/-; ,3 '~0 Date:
February 23 95
, 19 .
Board of Selectmen
Town Office Building
North An~iover, Massachusetts
Gentlemen:
It is hereby requested that the foUowing Article be inserted
Andover Annual Town Meefin~g.:
(AP.PROPRIATION Articl.' *: To see il the
ARTICLe) of $,, , to be ex'
·
t lot the 19
North
vote to raise and appropriate the sum
the direction o! the
"for the purpose o!
Article Amendment to Zo g 'law-Section 7 Dimensional~.Requirements'. To see
if the Town will vote to Section 7 Dimensional Requirements as set forth
below to correct typogr~ al errors, clarify and make consistent the existing
language; to include Town wetland bylaw in the definition of contiguous
buildable area; to ~fine lot width from fifty (50) feet to one hundred (100)
feet; to redefine calculation of lot area, contiguous buildable area and
street frontage; list the criteria for receiving a special permit for access
other than ow street frontage; and to allow frontage exception lots by
special permi'
OR:
(OTHER)
Article
*: To see if the Town will vote to
(If Petitioner is a Town
Agency)
OR:
(If the insertion of the
proposed Article is at
the reque, st of "ten or
more registered voters
o! the town" ~mder O.
L. c. 39, s. 10)
*Leave blank; the Ar-
ticle number will be
later determined
**Insert the name of
the first signer o! the
Petition of the
By: .
Petition of
Name
Planning Board
Richard Nardella
Chairman
** and others
Street Address
ARTICLE . AMENDMENT TO ZONING BYLAW - SECTION 7 DIMENSIONAL
REQUIREMENTS. To see if the Town will vote to amend Section 7 Dimensional
Requirements as set forth below to correct typographical errors, clarify and make
consistent the existing language; to include the Town wetland bylaw in the
definition of contiguous buildable area; to redefine lot width from fifty (50) feet to
one hundred (100) feet; to redefine the calculation of lot area, contiguous buildable
area, and street frontage; to list the criteria for receiving a special permit for access
other than over the street frontage; and to allow frontage exception lots by special
permit only:
SECTION 7 DIMENSIONAL REQUIREMENTS
7.1 Lot Area
Minimum lot areas for such uses in each district shall be as set forth in Table 2, Summary
of Dimensional Requirements, which is hereby made part of this Bylaw.
7.1.1 Contiguous Buildable Area (CBA)
As of April 28, 1986, the area of any new lot created, exclusive of area in a street or
recorded way open to public use, at least seventy five (75) percent of the minimum lot
area required for zoning shall be contiguous land other than land located within a line
identified as wetland resource areas in accordance with the Wetlands Protection Act,
Massachusetts General Laws, Chapter 131, Section 40 and the Town of North Andover
Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. The proposed
structure must be constructed on said designated contiguous land area.
7.1.2 Lot Width
For any lot created after May 1, 1995, the minimum width of the lot shall be a distance
of one hundred (100) feet between the street frontage and the front building line The
width shall be measured in a line parallel to the street. This requirement shall apply in all
zones except Residence 4 (R4); for zone R4 the distance shall be eighty (80) feet.
7.1.3 Restrictions
When a fifty (50) foot straight line is drawn to divide a lot in two, and the perimeter
of the smaller piece is greater than two hundred (200) feet, then such smaller piece
shall not be included in the calculations when determining:
lot area
contiguous buildable area (CBA), or
street frontage
as required by the Summary of Dimensional Requirements (Table 2) of this bylaw.
This restriction applies only to lots created after May 1, 1995.
Any lot created after May 1, 1995 shall have a lot depth of thirty (30) feet or more
for at least eighty (80) percent of the minimum length of its frontage as required
by the Summary of Dimensional Requirement~ (Table 2) of this bylaw. The lot
depth shall be measured as a line drawn perpendicular to the street.
o
No lot, upon which is then located any buildings or with respect to which a permit
has been issued and is then outstanding for the erection of any building, shall be
subdivided or reduced in area in any manner unless said lot shall thereafter fulfill
the lot area, street frontage and yard space requirements of this Bylaw except as
may be permitted otherwise by the provisions of a variance granted by the Board
of AppealS. If land be subdivided, conveyed, devised or otherwise transferred in
violation hereof, no building permit or other permit .shall be issued with reference
to any of the land so transferred or to the lot(s) retained until all of such land and
lots meet the requirements of this Zoning Bylaw. Any land taken by eminent
domain or conveyed for a public purpose for which the land could have been
taken shall not be deemed to be transferred in violation of the provisions hereof.
7.2 Street Frontage
Minimum street frontage shall be as set forth in Summary .of Dimensional Requirements
(Table 2) and the lot line meeting these requirements shall constitute the "street frontage"
for the lot. In no case shall actual street frontage at the street line be less than seventy
five (75) feet; except as allowed by Section 7.2.2. Corner lots shall be required to have
the required frontage only on one street.
In determining the fulfillment of the minimum area and minimum street frontage of a lot
required in any zoning district, there shall not be included any land within the limits of a
street upon which such lot abuts, even if the fee to such street is in the owner of the lot;
except that if a corner lot at its street corner is bounded in part by a segment of curved
line not more than seventy five (75) feet in length connecting other lines bounding such
lot which if extended would intersect, the area and frontage required in such lot shall be
computed as if such potentially intersecting lines were so extended; but if a curved line
more than seventy five (75) feet in length is the whole of any one boundary line of a lot,
the minimum area and minimum fr.ontage required shall be determined entirely within the
lines bounding such lot, including such curved line.
7.2.1. Access across street frontage
Access to each lot, except for corner lots, must be provided across the street frontage.
If access to a lot is not across the street frontage as of the date of the adoption of this
Section 7.2.1, the lot will not be considered non-conforming as to use or as to an existing
structure on that lot. (1994/39)
Exceptions to this requirement may be granted by the issuance of a Special Permit from
the Planning Board. A street frontage access Special permit may be granted for a lot in
any residential district provided that:
a)
The specific site is an appropriate location for access to the lot given the current
and projected traffic on the roadway, and the site distance to adjacent driveways
and roadways, and/or
b)
Special environmental conditions exit such as wetlands and/or steep slopes such
that access across the street frontage would require wetland filling or extreme
cutting and/or filling of slopes or would be otherwise detrimental to the
environment,
c) The access will not adversely affect the neighborhood;
d) There will be no nuisance or serious hazard to vehicles or pedestrians;
e) The access is in harmony with the general purpose and intent of this Bylaw.
7.2.2 Frontage exception
Exceptions for meeting the frontage and lot width requirements required by sections 7.1.2
and 7.2 may be granted upon the approval of a Special Permit. The permit granting
authority shall be the Planning Board.
A street frontage and lot width exception Special Permit may be granted for a lot in any
residential district provided that:
a)
The area of the lot exceeds by three (3) times the minimum lot area required for
that district;
b)
The lot has a minimum continuous street frontage of not less that fifty (50) feet and
a width of not less than (50) feet at any point between the street and the site of the
dwelling;
c) There is not more than one other such lot with frontage contiguous to it: and
d) It is so located as not to block the possible future extension of a dead end street.
e) The creation of the frontage exception lot will not adversely affect the
neighborhood;
f)
The creation of the frontage exception lot is in harmony with the general purpose
and intent of this Bylaw;
f) No such lot as described above on which a dwelling is located, shall be hereafter
reduced in area below the minimum area required in Section 7.1 (1985/16)
7.3 Yards (Setbacks)
Minimum front, side and rear setbacks shall be as set forth in Table 2, except for eaves
and uncovered steps. 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.
7,4
Building Heights
Maximum heights of buildings and structures shall be as set forth in Table 2. The
foregoing limitations of height in feet in the designated zoning districts shall not apply to:
Farm buildings on farms of not less than ten (10) acres.
Nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads,
penthouses, processing towers, and other accessory structural features usually
erected at a height greater than the main roofs of any buildings.
Nor to domes, bell towers, or spires of churches or other buildings, provided all
features are in no way used for living purposes.
And further provided that no such structural feature of any non-manufacturing
building shall exceed a height of sixty five (65) feet from the ground.
5. Nor of a manufacturing building a height of eighty five (85) feet from the ground.
7.5 Lot Coverage
Maximum lot coverage by buildings shall be as forth in Table 2. Lot coverage shall mean
the percent of the lot covered by principal and accessory structures.
7.6 Floor Area Ratio
Maximum floor area ratio (FAR) shall be as set forth in Table 2. FAR is the ratio between
the total amount of building floor area on all usable floors and the area of the lot on which
it is located.
7.7 Dwelling Unit Density
Maximum dwelling unit density (dwelling units per acre) shall be as set forth in Table 2
7.8 Exceptions
1. The residential lot areas and frontages above required and listed in Table 2 shall
not apply in any residence district to any lot of less area or less frontage than
above required if such lot be not adjoined by other land of the same owner,
available for combination with or use in connection with such lot, provided that the
applicant for a building permit on any such lot shall show by citations from the
Essex County Registry of Deeds incorporated in or attached to such application
that such lOt was lawfully laid out and duly recorded by plan or deed prior to
January 9, 1957 and provided that on such a lot there shall be kept open and not
built upon a front yard and a rear yard each not less than 20 feet deep, and two
side yards, each not less than 12 feet wide; and further provided that such lot shall
have a minimum street frontage of 50 feet and a minimum lot area of 5,000 square
feet.
In Residence 4 (R4) Districts only, two or more vacant lots, mutually adjoining, may
with a Special Permit from the Board of Appeals be permitted to be combined into
a new lot or lots of not less than 10,000 square feet area each, and with not less
than 100 feet street frontage, provided it be shown to the Board of Appeals that
each such lot was lawfully laid out and duly recorded by plan or deed prior to
January 9, 1957 and the Building Inspector shall permit the construction of one
single family dwelling on each such 10,000 square foot lot.
As described in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall apply
to land shown on an approved definitive subdivision plan as defined by the
Subdivision Control Law, for the length of time described in M.G.L. Ch 40A.
As described in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall affect
the use of land shown on an endorsed Approval Not Required Plan, as defined by
the Subdivision Control Law, for the length of time described in M.G.L. Ch 40A.
STEVE~_...~
SUE ELLEN
March 7, 1995
Mr. James P. Gordon, Town Manager
Town Building
North Andover, MA 01845
Dear Jim:
As you know, the library has applied for reimbursement monies
for construction through a state grant overseen by the Board
of Library Commissioners. In order to be able to apply for
and accept state grants, we need to have town meeting approval.
I would like to place the following article on the warrant for
May's Town Meeting:
"That the Trustees of the Stevens Memorial Library
shall be authorized to apply for and accept any
federal or state grants which may be available for
the project, or take any other action in relation
thereto."
I am enclosing a copy of the sample articles as suggested by the
Board of Library Commissioners. The article I have selected was
voted on by the Trustees.
Sincerely,
STEVENS MEMORIAL LIBRARY
SEH:P
Eno.
Commonv~,,eaith o~' Massach~use ~,~ ~,:~;
Board ¢ff~ ', , -,,- ~ ·
_.,.~bra~ 3' Com~mss~oners
648 Eeacon St:'cc~ · Bo:,ton, Massachus4ctt,3 02215
T'OWF, I MEETING ARTICLES
Tl>.e following are sample Town 5'iee:.ing articles that have been used for public library.
construction projects arot~nd th,:'. Comro, onwealth. These are m~J~les and the
development ef articles for individual construction .p_.r_qjects should be. based on Town Bv-
Laws.~_Lh_e_z?.tly_;.:2e_. of the Moderator' and general/bond counsel= the Finance Comrnitme
and the Selec,~me.n.
FIRST, SO1'~2, KEY PHRASES:
1. Approval of the ?r{~ject:
To see if the Town will vote to accept the preliminary desigh Jar the
Building ......
2. Authorization to Apply ~br Grants:
.... to aufltor:ze sam Libra:y Building Committee and/ar the Board of
Se!ect~?~en to aFpb) for an3' State and/or Federal fimds which might be
availabh, w def~cO' al! or part oft.he cost of said desigt~, construction and
original equiF, ping and .~.o authorize the Librar3., Buiiding Committee to
accept amd expend any such funds when received without further
a~]uopriation.
'~... the Trustees of the Libra ' shaR be authorized to avotv for and
accept any federal or state grants which rna), be available .for the
project,
or take any other action in relation thereto, t
The Board of Selectmen and Tntsrees of zhe Library are hereby
authorired to apply for and accept ar~ State or Federal Grants that may be
available .for the project.
617 267-94(X} · 800 052-?403; in-,,,tate only ) - F;t×: 6 t 7 a? 1-9833
A WORD OF ADVICE:
Several libraries have reported achieving the required number of votes for a Debt
Exclusion or an Override, but the vote has been declared improper and null and void
because THE VOTES MUST BE ACTUALLY COUNTED, not accepted as a voice vote.
Don't let this or some other technicality rob you of a successful outcome. Read up on
parliamentmy procedure and be prepared.
SOME ACTUAL ARTICLES:
NEW BUILDLNG FUNDED WITH BONDS
That the Town authorize the design, construction and original equipping of a new library
facility at the site of and appurtenant town owned properties, and to authorize
the Library Building Committee to contract for and in the name of the Town and do all
other things necessary for the accomplishment of the foregoing purpose; and to raise
and appropriate the sum of $ to defray the cost of design, construction and
original equipping of such new library facility, and to meet that appropriation, to authorize
the Town Treasurer, with approval of the Board. of Selectman, to borrow $ as
bonds or notes under the provisions of Chapter 44, Section 7, Clause 3 of the General
Laws, as amended, and further to authorize said Library Building Committee and/or
the Board of Selectmen to apply for any State and/or Federal funds which might
be available to defray all or part of the cost of said design, construction and
original equipping and to authorize the Library Building Committee to accept and
expend any such funds when received without further appropr.~ation .
ADDITION AND RENOVATION WITH MIXED FUNDING
To determine if the Town will vote to raise and appropriate the sum of $ , this
amount to be reduced by approximately $ of Library Trust Funds and Federal and
State grants, for the purpose of constructing an addition to the Library where
such an addition will increase the floor space of that building including the cost of
furnishing and equipping the same, as well as architectural/engineering and other
expenses incidental thereto,' and determine whether such appropriation shall be raised
by transfer of available funds, by borrowing or otherwise, and further that the Trustees
of the Library shall be authorized to apply for and accept any federal or
state grants which may be available for the project, or take any other action in
relation thereto.
This article was amended to read:
I move that the sum of $ be hereby appropriated for the purpose of constructing
an addition to tile --'~5~-~lic Library where such an addition will increase the floor
space of that building, including the cost of equipping and furrdshing the same, as well
as architectural/engineering and other expenses incidental thereto; ttmt to meet such
appropriation, the stun of $~ shall be expended from the Library' Expendable Trust
Funds; $ ..... shall be appropriated from Federal Revenue Sharing Funds; and that the
Treasurer, with approval of the Selectmen, is hereby authorized to borrow the sum of $
~ under and pursuant to Chapter 44, Section 7 (3) of the General Laws or any other
enabling authority and to issue bonds or notes therefor; provided that the authorized
amount of such bonds or notes shall be reduced by the amount of any State or Federal
grams received for the project prior to their issuance; and that the Board of Selectmen
and Trustees ~f the ~Library are hereby authorized to apply for and accept
any State or Federal Grants that may be available for the project.
ADDITION AND RENOVATION FUNDED WITH BONDS
To see if the Town wiltvote to appropriate a sum of money for constructing an addition
to the Library building, remodeling, reconstructing or making extraordinary repairs to the
present Libra~5~ building, to determine whether such appropriation shall be raised by
borrowing or otherwise; to authorize the Selectmen to apply for, accept and expend
any federal or other grants that may be available for the project; or to take any
~ t
action relative tnere.o.
It was then voted:
That the sum of $ ___ be appropriated for constructing an addition to the public library
and for remodeling, reconstructing or making extraordinary repairs to the present library
building; and that to meet such appropriation the Town Treasure with the approval of the
Selectmen is authorized to borrow the sum of $ under and pursuant to Chapter
44, Section 7, of the General Laws as amended and supplemented, or any other enabling
authority, and to issue bonds or notes therefor; and that the Selectmen are hereby
authorized to apply for, accept and expend any federal or other grants that may be
available for the project; provided that the amount authorized to be borrowed
hereunder shall be reduced by the amount of an)' such grants received before the sale
of such bonds or notes; and provided, further, that no such bonds or notes shall be
issued unless the Town votes at an election to exempt the total amounts required to pay
fl~em from the limitations imposed by Proposition 2 1/2.
ADDITION AND RENOVATION FUNDED WITHBONDS
That the sum of $ be appropriated for the purpose of preparing bid aocuments,
constructing, equipping and furmshing an addition to the Main Library. Building, and for
remodeling space within the existing building to provide additional spa~e and improve
f)cilities to meet the library needs of Lb, e Town; that to meet this appropriation the
Treasurer with the approval of the Selectmen be authorized to b{.~rrow $ under
G.L.c.44, sec.7 as amended and to issue bonds and notes of the Town therefbr payable
in accordance with said c.44; and that the Board of Library Trustees be authorized to
expend the monies so appropriated for the foregoing purposes, to contract for and
expend any State or Federal aid available for the project, and to take all action necessary
to carry out this project.
RENOVATION OF EXISTING TOWN O$~ ~NED PROPERTY
To see if the Town willvote to accept the preliminary design l~br the building for
its conversion 1br use as the town library and authorize the Librarv Building Committee
to contract for and in the name of the town and to do all other things necessary for the
accomplishment of the foregoing purpose; and to raise and appropriate the sum of
$~_ to defray the cost of the design, construction and original equipping of said library
facility, and that to meet said appropriation, the Town Treasurer, with the approval of the
Board of Selectmen, be and hereby is authorized to borrow said sum of $ and to
issue bonds or notes of the town under the provisions of Massachusetts General Laws,
Chapter 44, Section 7, Clause 3A, as amended, and further authorize said Librat3'
Building Committee and/or the Board of Selectmen to apply for any state and/or
federal funds which may now be or may become available to defray all or part of
the cost of said design, construction and equipping and authorize the Library
Building Committee to expend any such funds, or any other funds which may be
received for this purpose, without appropriation.
EXEMPTION FROM PROPOSITION 2 1/2
"Shall the Town of 'be allowed to exempt the amounts required to pay for the
bond issued in order to renovate the existing facility and construct an addition to the
Public Library?
and provided, further, that said question shall be deemed approved ifa majority of the
persons voting thereon shall vote "yes".
of money for architectural, engineering and related services in cormection with the
proposed renovation of the School for a central librau faCiliry-~ said fund~ to be
expended un{lc: the direction of the Trustees of the Public Library, or act
anyfifing therco~,
LAN3) TR_,MNSFE R
T~,,~ Town votes to authorize the School Committee and the Board of Selectmen to
transfer control of a parcel of land on the south side of Street being described
as follows:
DESCRIFTiON
meaning and intended to describe a parcel of land 2.024 sc:res in area as
shown on Plan of Land in , Massachusetts, belonging to the Town
of dated frown the Office of the Board of Selecm~en. Said
parcel of Ia~.d to remain under *2~e exclusive control of the ~mstees of the
Public Librau for the purpose of cop. stmcting and maintaining a public
libra~, fhcilit3'. There is also trav_~fc~ed all rights of easement to construct
and install such utilities including sewage as may be required and approved
by the Regulatory agencies of the Town and Commonwealth of
Massachusetts provided that there be no direct expense to the Schools or
School Deparm~ent to effect such installation and to maintain that portion
of the utilities installed. Further it is understood that in the event that a
library hcilit3, is not constructed or a period of two years elapses without
construction having started, the control of the above described land will
revert to the control of the School Committee unless there be a
reaffirmation of this transfer agreement.
BUILDENG TRANS~R
To see if the Town will vote pursuant to General Laws, Chapter 40, Section 15A, to
transfer the care and custody of a portion of the land, with the school building situated
thereon known as the __ School, as shown on a sketch plan on file with the Town
Clerk, from the School Department to the Trustees of the Public Library, said
land and buildings to be used as a central library facility, or act anything thereon.
file:twnmtg212/!/94
FROM: ~O.ANC, OVER SUF'ERINTENDEN
508 794 0231
Mar-09-95 Tt-~ I 1:56
To see if the Town will vote to appropriate the sum of
$15,000,000, or al~¥ other sum, to be expended under the direction
of the School Building Committee, for the purpose of
reconstructing, remodeling and constructing additions to the
North Andovar Middle School, including any necessary designer
services rela%ed thereto, including ~he preparation of plans and
spe~ifioation~, and the purchasing ~f equipment and furnishings
therefor~ .~d to determine whether this appropriation shall be
raissd by borg'owing or otherwise, ~r to take any action relative
t~ereto.
FEOM~ '~o. ANOOdER sUPERIf4TENDEN
M@r.-09-95 Thu 1i:55
PAGE: 81
~~N th Ando bi'
verPu ~c Schools
0 r
North Andover, Massachu~tts 01845
TO:
FAX ~JMBER:
~o. '~/,~; s,-4 ~
THE FAX NUMBER FOR THE NORTH ANDOVER PUBLIC SCHOOLS IS (SOB) 794-0231.
MESSAGE:
WE ARE SENDI~Q THIS COVER SItEET AND ~ PACE(S). IF YOU DO NOT
RECEIVE THE CORRECT NUMBER OF PAGES, OR IF YOU HAVE ~%N%' QUESTIONS, KINDLY
CALl. (508) 79~-1503,
6'75 Chickering Road, North Andovcr, Ma~sachusott.~ 01845 (508} 794-1503
FAX (508) 794-0231
FROH: "~40. ~HDi:i!..,IE~. SUPERINTENDEN FA;,,'.: 508 794 0251 Her.-09-95 Thu 11: 55 PAGE: 02
THERESA M DOWQY
JEANNE S HC, KI',iIGHT
JUDITH C. CUTLER
RICHARD BOW~N
CH[RYL ANN ~ANK~
~AN~RA CHA~TON
I~ANA ~ QUIRK
,BRIAN W ~iL[Y
~ARY L. GIORGIO
PETE~ J FEUE~BA~H
March 7, 1995
Dr. George Blaisdell
Superintendent of Schools
675 ChJckering Road
North Andover, MA 01845
Re .'
Warrant Article
~orth _A._n d 9v__gjL_Mu~~S c~l
bear Dr. Blaisdell:
As requested, I enclose a warrant article for the funding of
an addition and renovations to the North Andover Middle School.
I recommend that the article be transmitted to bond counsel for
review once the final language has been es~ablished.
If you have any further questions on Chis matter, please do
not hesitate to contact me.
Very truly yours,
? t ,("} /
David 3'. Doneski
D3D/ig
~nc.
cc: Board of Selectmen
Town Manager
Board of selectmen
Town Office Building
North Andover, Massachusetts
Gentlemen:
DATE: February 24 , 19 95
It is hereby requested that the following Article be inserted in the Warrant
for the 19 95 North Andover Annual Town Meeting:
(APPROPRIATION Article *: To see if the Town will vote to raise and
ARTICLE) appropriate the sum of $ , to be expended under the
direction of the
for the purposes of:
o~z (oTrm~z)
Article *: To see if the Town will vote to authorize the
Board of Selectmen to enter into one or more Intermunicipal
Agreements pursuant to G.L.c.40, S4A with other
municipalities or districts for their use of the North
Andover Fire Safety Trailer f6r the provision of fire
prevention and safety education within such jurisdiction
on such terms and conditions as the Selectmen deem to be
in the best interests of the Town.
(If Petitioner is a
Town Agency)
OR:
(If the insertion
of the proposed
Article is at the
request of "ten or
more registered
voters of the Town"
under G.L. C. 39
§ .lO)
Petition of the
By:
Fire Chief
petition of
Name
** and others
Street Address
* Leave blank; the
Article Number will
b e 1 a t e r
determined.
**Insert the name
of the first signer
of the request.
.2..23 95
13:19
951
KOPELMAN AND PAIGF.., P.
ATTO~NF_.Y~ AT LAW
~OSTOt~ :3 F t:'tC F_.
FAX ~elT~ ~e~ ~.,~?~,
NORTHAM F~T.'~N
February 23, 1995
Mr. william R. Dolan
Fire Chief
North ~dover Town Hall
120 Main Street
North Andover, MA 01845
Re: '~eu,~qr_ar~ .Use .o~?ir~__~afeC? Trailer
Dear Chief Dc!an:
You have notified me that you must subm=t any articles for
the Town Meeting warrant by Monday, F~.bruary 27. Enr!o~ed,
therefore~ is a warrant article which will provide~the necessary
'Town Neeting authorization for the !nt~rmunicipal Agreement that
will allow o%her municimalitie-~ to ~emporarily use the fire
s-~fety %r~J.!er. We will transmit the Intermunicipal Agreement
itself on M~nday.
Please call me if you have
any questions,
very truly yours,
sandra M. Charton
S~4C/cal
Enc.
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