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DRAFT-OCTOBER 13, 2003(JAB)
TOWN OF NORTHANDOVER
SPECIAL TOWN MEETING NOVEMBER 17, 2003
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
Middle School Auditorium on Monday, November 17, 2003 at 7:00 PM then and there to
act upon the following articles:
ARTICLE A. Amendments To The General Fund Appropriation For Fiscal Year
2004.
To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2004
as voted under Article 12 of the May 12, 2003 Annual Town Meeting; or take any other
action relative thereto.
ARTICLE B. Amendments To The Capital Improvement Plan Appropriation
Article For Fiscal Year 2004.
To see if the Town will vote to amend the Capital Improvement Plan Appropriation as voted
under Article 13 of the May 12, 2003 Annual Town Meeting; or to take any other action
relative thereto.
ARTICLE C. Amendments To The Water Enterprise Fund Appropriation For
Fiscal Year 2004.
To see if the Town will vote to amend the Water Enterprise Fund Appropriation for Fiscal
Year 2004 as voted in Article 15 of the May 13, 2003 Annual Town Meeting; or to take any
other action relative thereto.
ARTICLE D. Amendments To The Sewer Enterprise Fund Appropriation For Fiscal
Year 2004.
To see if the Town will vote to amend the Sewer Enterprise Fund Appropriation for Fiscal
Year 2004 as voted in Article 16 of the May 13,2003 Annual Town Meeting; or to take any
other action relative thereto.
ARTICLE E. Amendments To The Stevens Estate At Osgood Hill Enterprise Fund
Appropriation For Fiscal Year 2004.
To see if the Town will vote to amend the Stevens Estate at Osgood Hill Enterprise Fund
Appropriation for Fiscal Year 2004 as voted in Article 17 of the May 13, 2003 Annual
Town Meeting; or to take any other action relative thereto.
ARTICLE F. Unpaid Bills.
To see if the Town will vote to raise and appropriate, transfer from available funds or
otherwise provide a sum or sums of money for the purpose of paying unpaid bills of prior
years of the Town; or to take any other action relative thereto.
ARTICLE G. Appropriation of Funds-New Fire Engine. To see if the Town will
vote to appropriate or provide through bonding the additional funds necessary in
combination with the insurance settlement from the damage to Engine 1 from the accident
which occurred on August 25, 2003 for the purchase of a new fire engine; or take any other
action relative thereto.
ARTICLE H. Amend Chapter 101-Fees of the General Bylaws of the Town of North
Andover by Addition of a New Section 3—Town Clerk Fees.
To see if the Town will vote to amend Chapter 101 "Fees" of the Bylaws for the Town of
North Andover by adding a new section 3 "Town Clerk Fees"; or to take any other action
relative thereto.
ARTICLE I. Amend Vote on Article 7 of the December 3, 2001 Special Town
Meeting— Transfer of Unexpended Funds. To see if the Town will vote to amend the
vote on Article 7 taken at the December 3, 2001 Special Town Meeting by transferring
any unexpended funds and transferring said funds into the Assessor's Outside
Professional Services Budget; or to take any other action relative thereto.
ARTICLE J. Amend Zoning Bylaw- Section 4.137 — Flood Plain District. To see
if the Town will vote to amend Section 4.137 of the Zoning Bylaw by updating the
Massachusetts State Building Code references from 2102 to Section 3107 in all locations,
updating the NFIP State Coordinator's mailing address, noting that within Zone A of the
Flood Plain District, the Wetlands Protection Act may require the base flood elevation to be
determined by engineering calculations, And adding a New Section 7, Definitions, so that
the entire section will read as follows:
4.137 Flood Plain District
The Flood Plain District is herein established as an overlay district. The underlying
permitted uses are allowed provided that they meet the Massachusetts State Building Code,
Section 3107, "Flood Resistant Construction" and any other applicable local, state or federal
requirements. The Flood Plain District includes all special flood hazard areas designated as
Zone A, AE, AH, AO, and A99 on the North Andover Flood Insurance Rate Maps (FIRM),
and the Flood Boundary and Floodway Maps, dated June 2, 1993 on file with the Town
Clerk, Planning Board, Conservation Commission, and Building Inspector. These maps, as
well as the accompanying North Andover Flood Insurance Study, are incorporated herein by
reference.
1. Purpose: The purposes of the Flood Plain District are:
a. Ensure public safety through reducing the threats to life and personal injury.
b. Eliminate new hazards to emergency response officials.
C. Prevent the occurrence of public emergencies resulting from water quality,
contamination, and pollution due to flooding.
d. Avoid the loss of utility services which if damaged by flooding would
disrupt or shut down the utility network and impact regions of the
community beyond the site of flooding;
e. Eliminate costs associated with the response and cleanup of flooding
conditions;
f. Reduce damage to public and private property resulting from flooding
waters.
2. Base Flood Elevation and Floodway Data
a. Floodway Data. In Zone A, AH, AO, A99, and AE, along watercourses that
have not had a regulatory floodway designated, the best available Federal,
State, local or other floodway data as determined by the Building Inspector,
in consultation with the Division of the Department of Public Works, shall
be used to prohibit encroachments in floodways which would result in any
increase in flood levels within the community during the occurrence of the
base flood discharge.
b. Base Flood Elevation Data. Base flood elevation data is required for
subdivision proposals or other developments greater than 50 lots or 5 acres,
whichever is the lesser, within unnumbered A zones.
C. Areas designated as flood plain on the North Andover Flood Insurance Rate
Maps may be determined to be outside the flood plain district by the
Building Inspector, in consultation with the Division of Public Works, if an
accurate topographic and property line survey of the area conducted by a
registered professional engineer or land surveyor shows that the flood plain
contour elevation does not occur in any area of proposed buildings,
structures, improvements, excavation, filling, paving, or other work activity.
The person requesting the determination shall provide any other information
deemed necessary by the Building Inspector of the Division of Public Works
to make that determination. If the Building Inspector, in consultation with
the Division of Public Works, determines that the Flood Insurance Rate
Maps are in error, the subject area shall not be regulated as occurring within
the Flood Plain District, and any such determination shall be noted on the
Flood Insurance Rate Maps. Nothing in this section shall prohibit the
Conservation Commission, Board of Health, or other Town officials or
Board from making non-zoning determinations of the flood plain or
performing their official duties.
3. Notification of Watercourse Alteration: If a landowner or project proponent
proposes to alter or relocate any watercourse, that person shall notify the following
parties and provide evidence of such notification to every Town Board or official
who has jurisdiction over such alteration or relocation prior to or at the time of
applying for any approval that is required to perform such alteration or relocation:
a. Adjacent Communities;
b. NFIP State Coordinator
Massachusetts Office of Water Resources
251 Causeway Street Suite 600-700
Boston, MA 02114
C. NFIP Program Specialist
FEMA Region I, Rm. 462
J.W. McCormack Post Office& Courthouse
Boston, MA 02109
4. Existing Regulations: All development in the District including structural and non-
structural activities whether permitted by right or by special permit must be in
compliance with the following:
a. Section of the Massachusetts State Building Code which addresses
floodplain and costal high hazard areas (currently 780 CMR 3107, "Flood
Resistant Construction");
b. Wetlands Protection Regulations, Department of Environmental Protection
(DEP) (currently 310 CMR 10.00);
C. Inland Wetlands Restriction, DEP (currently 302 CMR 6.00);
d. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage,
DEP (currently 310 CMR 15, Title 5);
e. Any variances from the provisions and requirements of the above referenced
state regulations may only be granted in accordance with the required
variance procedures of these state regulations.
5. Development Regulations: Notwithstanding the provisions of Section 3.13 of this
By-law, within Zone A of the Flood Plain District, the Wetlands Protection Act may
require the base flood elevation to be determined by engineering calculations.
Additionally, where the base flood elevation is not provided on the FIRM, the
applicant shall obtain any existing base flood elevation data and it shall be reviewed
by the Building Inspector, in conjunction with the Division of Public Works, for its
reasonable utilization toward meeting the elevation or flood-proofing requirements,
as appropriate, of the State Building Code.
In the floodway, designated on the Flood Boundary and Floodway Map, the
following provisions shall apply:
a. All encroachments, including fill, new construction, substantial
improvements to existing structures, and other development are prohibited
unless certification by a registered professional engineer is provided by the
applicant demonstrating that such encroachments shall not result in any
increase in flood levels during the occurrence of the 100 year flood and the
Building Inspector, in conjunction with the Director of the Division of Public
Works, concurs with such certification.
b. Any encroachment meeting the above standard shall comply with the
floodplain requirements of the State Building Code.
All preliminary and definitive subdivision plans filed in accordance with G.L.
Chapter 41, Section 81 S and 81T, respectively shall be designed so that:
a. such proposals minimize flood damage;
b. all public utilities and facilities are located and constructed to minimize or
eliminate flood damage; and
C. adequate drainage is provided to reduce exposure to flood hazards.
6. Permitted Uses
The following uses on low flood damage potential and causing no obstructions to
flood flows are encouraged provided they are permitted in the underlying district and
they do not require structures, fill, or storage of materials or equipment:
a. Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
b. Forestry and nursery uses.
C. Outdoor recreational uses, including fishing, boating, play areas, etc.
d. Conservation of water, plants, wildlife.
e. Wildlife management areas, foot bicycle and/or horse paths.
f. Temporary non-residential structures used in connection with fishing,
growing, harvesting, storage, or sale of crops raised on the premises.
g. Buildings lawfully existing prior to the adoption of these provisions.
7. Definitions:
The following definitions are taken from the NFIP regulations and the Massachusetts State
Building Code, Section 3107.
AREA OF SPECIAL FLOOD HAZARD is the land in the floodplain within a community
subject to a one percent or greater chance of flooding in any given year. The area may be
designated as Zone A, AO, AH, Al-30, AE, A99, V1-30, VE, or V.
BASE FLOOD means the flood having a one percent chance of being equaled or exceeded
in any given year.
COASTAL HIGH HAZARD AREA means the area subject to high velocity waters,
including but not limited to hurricane wave wash or tsunamis. The area is designated on a
FIRM as Zone V, V1-30, VE.
DEVELOPMENT means any manmade change to improved or unimproved real estate,
including but not limited to building or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations.
DISTRICT means floodplain district.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) administers the National
Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study
program for communities as well as regulatory standards for development in the flood
hazard areas.
FLOOD BOUNDARY AND FLOODWAY MAP means an official map of a community
issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and
500 year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway
designation is included on the FIRM.)
FLOOD HAZARD BOUNDARY MAP (FHBM) means an official map of a community
issued by FEMA where the boundaries of the flood and related erosion areas having special
hazards have been designated as Zone A or E.
FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community on
which FEMA has delineated both the areas of special flood hazard and the risk premium
zones applicable to the community.
FLOOD INSURANCE STUDY means an examination, evaluation, and determination of
flood hazards, and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of flood-related erosion hazards.
FLOODWAY - means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation.
LOWEST FLOOR means the lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles,
building access or storage in an area other than a basement area is not considered a
building's lowest floor, PROVIDED that such enclosure is not built so as to render the
structure in violation of the applicable non-elevation design requirements of NFIP
Regulations 60.3.
MANUFACTURED HOME means a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. For floodplain management purposes
the term "manufactured home" also includes park trailers, travel trailers, and other similar
vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the
term "manufactured home" does not include park trailers, travel trailers, and other similar
vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION means, for floodplain management purposes, structures for which
the "start of construction" commenced on or after the effective date of a floodplain
management regulation adopted by a community. For the purpose of determining insurance
rates, NEW CONSTRUCTION means structures for which the "start of construction"
commenced on or after the effective date of an initial FIRM or after December 31, 1974,
whichever is later.
ONE-HUNDRED-YEAR FLOOD - see BASE FLOOD.
REGULATORY FLOODWAY- see FLOODWAY
SPECIAL FLOOD HAZARD AREA means an area having special flood and/or flood-
related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, Al-30, AE, A99,
AH, V, VI-30, VE.
STRUCTURE means, for floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above ground, as well as a
manufactured home. STRUCTURE, for insurance coverage purposes, means a walled and
roofed building, other than a gas or liquid storage tank, that is principally above ground and
affixed to a permanent site, as well as a manufactured home on foundation. For the latter
purpose, the term includes a building while in the course of construction, alteration, or
repair, but does not include building materials or supplies intended for use in such
construction, alteration, or repair, unless such materials or supplies are within an enclosed
building on the premises.
SUBSTANTIAL IMPROVEMENT means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the structure
either (a) before the improvement or repair is started, or (b) if the structure has been
damaged and is being restored, before the damage occurred. For the purposes of this
definition, "substantial improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure.
ZONE A means the 100-year floodplain area where the base flood elevation (BFE) has not
been determined. To determine the BFE, use the best available federal, state, local, or other
data.
ZONE Al - A30 and ZONE AE means the 100-year floodplain where the base flood
elevation has been determined.
ZONE AH and ZONE AO means the 100-year floodplain with flood depths of 1 to 3 feet.
ZONE A99 means areas to be protected from the 100-year flood by federal flood protection
system under construction. Base flood elevations have not been determined.
ZONES B, C, AND X are areas identified in the community Flood Insurance Study as areas
of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and revised
maps.
ZONE V means a special flood hazard area along a coast subject to inundation by the 100-
year flood with the additional hazards associated with storm waves. Base flood elevations
have not been determined.
ZONE V1-30 and ZONE VE means a special flood hazard area along a coast subject to
inundation by the 100-year flood with additional hazards due to velocity (wave action).
Base flood elevations have been determined.
ARTICLE K. Amend Zoning Bylaw-Sections 2.21.3 - Definition of Adult Motion
Picture - and Definition of Adult Use— Section 2.21.6. To see if the Town will vote to
amend the definition of Adult Motion Picture in Section 2.21.3 of the Zoning Bylaw for the
Town of North Andover by inserting the word "regularly" after "thereof' and to amend the
definition of Adult Use in Section 2.21.6 of the Zoning Bylaw by adding :
For purposes of interpreting the definitions of"adult use" as defined in this bylaw, "regular
or regularly, shall mean a consistent ongoing and substantial course of conduct, such that the
films, performances, or business activities so described constitute a significant and
substantial portion of the films or performances offered as part of the ongoing business of
the sexually oriented business.
The amended sections will read as follows:
2.21.3 Adult Motion Picture Theater-An enclosed building or any portion thereof
"regularly" used for presenting material (motion picture films, video cassettes, cable
television, slides or any other such visual media) distinguished by an emphasis on
matter depicting, describing, or relating to sexual conduct or sexual excitement as
defined in MGL Ch. 272, Sec. 31.
2.21.6 Adult Use-Adult Bookstores, Adult Cabarets, Adult Motion Picture Theaters, Adult
Paraphernalia Stores, and Adult Video Stores as defined in this Bylaw. For purposes
of interpreting the definitions of"adult use" as defined in this bylaw, "regular or
regularly, shall mean a consistent ongoing and substantial course of conduct, such
that the films, performances, or business activities so described constitute a
significant and substantial portion of the films or performances offered as part of the
ongoing business of the sexually oriented business.
or take any other action relative thereto.
ARTICLE L. Authorization to Lease Stevens Estate at Osgood Hill. To see if the
Town will vote to authorize the Board of Selectmen to lease, pursuant to the provisions of
Massachusetts General Laws, Chapter 30B, for a period in excess of three (3) years, the
buildings and immediately adjacent lands of the estate, subject to the agreement by the
lessee to operate, maintain and improve the facility for use as an event facility, conference
center bed and breakfast, exhibit space for recreational and other public purposes, all to be
on such terms and conditions as shall be delineated and approved by the Board of
Selectmen; or take any other action relative thereto.
ARTICLE M. Street Acceptance— Lyons Way (Off Campbell Road). To see if the
Town will vote to accept as a Public Way, Lyons Way, as shown on a Plan entitled, "Lyons
Way in North Andover, MA prepared for Mesiti Development Corp., 11 Old Boston Rd.
Tewksbury, MA" prepared by Marchionda & Associates, L.P. of Stoneham MA Plan Date
6/24/1998 and recorded as Plan # 13452 at the Essex North District Registry if Deeds; or
take any other action relative thereto.
Petition of Domenic J. Scalise and others
ARTICLE N. Street Acceptance — Leanne Drive (Off Salem Street). To see if the
Town will vote to accept as a public way Leanne Drive as shown on a plan of Land entitled
"Plan of Land Heritage Estates in North Andover, Prepared for Brookview Country Homes,
Inc., P.O. Box 531, North Andover, MA, Marchionda & Associates, L.P., Engineering and
Planning Consultants, 62 Montvale Avenue, Suite 1, Stoneham, MA Dated May 28, 1999
recorded with the Essex North District Registry of Deeds as Plan No. 13687; or take any
other action relative thereto.
Petition of David A. Kindred and others
ARTICLE O. Amend Zoning May —Assessors May 34 Parcel 25 And Parcel 9 (1449-
1451 Osgood Street). To see if the town will vote to amend the zoning designation of
Parcels located at 1449-1451 Osgood Street, and identified as Map 34 Parcel 25 and Map 34
Parcel 9 on the Tax Assessor's Map, From Industrial I (one) to Industrial 11 (two). Said
parcels are more particularly bounded and described as:
Parcel I: The land in North Andover, Essex County, Massachusetts with the buildings
thereon, bounded and described as follows: Beginning at the northwest corner thereof by
land now or formerly of Clinton C. Barker; thence running easterly by land now or formerly
of said Barker to land now or formerly of Jacob Barker; thence southerly by land now or
formerly of Mary E. Mason; thence westerly by land now or formerly of said Mason to
Osgood Street; thence northerly by said street to the point of beginning. Said parcel
containing two and one half acres of land, more or less.
Parcel 11: A certain parcel of land with the buildings thereon, if any there be, situated in
North Andover Essex County, Massachusetts on the east side of the road leading from North
Andover to Haverhill, and bounded as follows: Beginning at the Southwest Corner of said
road and by land of Mary Barker and running by the fence by land of said Mary Barker
south seventy degrees east, twelve rods: thence by fence and stone wall south sixty-seven
degrees east, twenty nine rods to a corner of the wall; thence turning and running northeast
as the wall stands still by land of Mary Barker five rods and twenty-one links to a stake by
the wall; thence turning and running Northwest in a straight line by land of Haseltine and
Day to a stake by the above-named Haverhill road standing five rods and twenty-one links
north from point of commencement; thence south by the east side of said road to a point of
beginning, Containing one and one-half acres, more or less.
Excluded from the above-described parcels is that portion taken from the above-described
parcels is that portion of the premises taken for the layout of Osgood Street in Book 933,
Page 170. (Note: There is no recorded plan—thus the legal description).
Petition of Peter Breen and others
ARTICLE P. Acceptance of Restrictions, Easements and Option to Purchase
Sharpners Pond Road. To see if the Town will vote to authorize the Board of
Selectmen to enter into agreements to impose restrictions, grant or receive easements, and
grant the Town an option to purchase land as they deem to be in the best interest of the
Town in connection with the disposition of that certain parcel of land on Sharpners Pond
Road described as follows.
A parcel of land located on the north side of Sharpners Pond Road, beginning at a
point located 438.03' east of the intersection of Sharpners Road and Route 114, at a point
on the north side of Sharpners Pond Road running:
Northwesterly 322.14' along two courses to a point at other land of
the Town of North Andover, thence
Easterly 554.82' along land of the Town of North Andover to
a point thence
Southeasterly 205.82' along land of the Town of North Andover to
a point thence
Easterly 121.61' along land of the Town of North Andover to
a point thence
Southeasterly 106.24' along land of the Town of North Andover to
a point thence
R=30.00' L47.35' along land of the Town of North Andover,
along a curve to the right to a point on the
North side of Sharpners Pond Road, thence
R=1984.86' L=695.33' along a curve to the left along Sharpners
Pond Road to a point, thence
Southwesterly 137.86' along the sideline of Sharpners Pond Road
to a Point, said point being the point of
beginning,
Said parcel contains 5.03 acres of land and is shown as Lot A on a "Plan of Land
proposed for rezoning in North Andover, MA prepared for North Andover Youth Hockey
Association, March 29, 2003, Merrimack Engineering Services, 66 Park Street, Andover,
MA 01810" and on file in the office of the Town Clerk; or take any action relative
thereto.
ARTICLE Q. Amend Zoning Map — Assessors Map 27 Parcels
16,17,18,19,20,21,23,24,25,and 26 - Turnpike Street from Corner of Waverlev Road
opposite Boston Market (768,782,792,802, and 814 Waverlev Road) and Route 114
(21,29,35,41, and 47 Turnpike Street) from Residential 4 (R4) to General Business
(GB). To see if the Town will vote to amend the Zoning Map of the Town of North
Andover to rezone the parcels contained in Assessors Map 27 Parcels
16,17,18,19,20,21,23,24,25, and 26 from Residential 4 (R4) to General Business (GB); or
take any other action relative thereto.
Petition of Hector L. Rivera and others
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 fourteen(14)days before the time of said meeting.
Hereof, fail not, and make due return of the Warrant with the doings thereon to the Town at the
time and place of said meeting. Given under our hands this Twentieth Day of October in the
Year Two Thousand Three.
NORTH ANDOVER BOARD OF SELECTMEN
Wendy D. Wakeman, Chairman
Mark J.T. Caggiano
Rosemary Connelly Smedile
Donald B. Stewart
James M. Xenakis
North Andover, Massachusetts
Joyce A. Bradshaw, Town Clerk
Attest: A True Copy
Constable -Date