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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. To see if the Town will vote amend the Zoning Bylaw by Revising
Section 4.2, Phased Development, of the Zoning Bylaw so that the Section 4.2 will state:
4.2 PHASED DEVELOPMENT BYLAW
Building permits for the construction of dwelling units in a subdivision, special permit, or on
contiguous Form A lots held in common or related ownership on the effective date of these
provisions shall not be granted building permits at a rate greater than as permitted by the
schedule shown below:
No. of Lots Min. Yrs of Max.Lots
Development Developed/Yr
1-6 1 All
7-20 2 50%of total
21-34 3 33%of total
35-50 4 25%of total
51-75 5 20%of total
76-125 6 16.7%of total
126+ 7 14.3&of total
APPLICABILITY,EFFECT AND DEFINITIONS
a) For the purposes of this,the following terms shall have the following meaning:
L "Anniversary date" for each subdivision, special permit, or contiguous Form A lots
under this provision shall be no earlier than the date on which all required approvals
required for a building permit have been obtained (e.g. Planning Board endorsement of
Definitive Plan, Board of Health approval, Conservation Commission approval, etc).
II. "Developer" any individual who either as an individual, a beneficial owner of a real
estate trust, a partner in a partnership, or an officer or owner of a corporation,
requests one or more building permits for the construction of new dwelling units.
III. "Development" shall mean a single parcel or set of contiguous parcels of land held in
common ownership, regardless of form, at any time on or after the date of adoption
of this bylaw, for which one or more building permits will be sought.
IV. "Development Schedule" shall mean a schedule authorized by the Planning Board or
its authorized designee in accordance with this Section, which outlines the maximum
building permit issuance per development.
V. "First Year" shall be the number of lots eligible in the first year of the development,
which shall be prorated (based on 1/12th scenario) from the anniversary date to
December 31. Fractions of.5 or greater shall be rounded up to the nearest number and
fractions less than.5 shall be rounded down.
VI. "Year" shall mean the period beginning January 1 and ending December 31.
b) No building permits for new dwelling units shall be issued until the Development
Schedule has been recorded in the Essex County Registry of Deeds and a certified
copy of the Development Schedule has been filed with both the Planning and
Building Departments.
c) Lots can be sold any time for the construction of dwellings in the designated future
years. However, upon transfer of any lot or unit in the types of development subject
to this section, the deed shall reference the Development Schedule and state the
earliest date on which construction may be commenced in accordance with the
provisions of this bylaw.
d) If there is a proposed subdivision with any lots that are within 500 feet of lots in another
subdivision held in common or affiliated ownership, then both subdivisions shall be
construed to be a single subdivision for the purposes of this Bylaw.
e) Lot lines for Form A lots shall be defined when the Form A lots have been approved by
the Planning Board. Subsequent changes in the shape or ownership of lots shall not
render the provisions of this Bylaw void.
f) Building Permits shall be issued in accordance with the Development Schedule.
However,the Planning Board may, without a public hearing and upon written request
from the applicant, permit up to twice the allowed annual maximum permitted for
that project under the provisions of this Bylaw. Allowed building permits in
succeeding years shall be limited to less than the permitted maximum, if necessary,to
insure that this cap is not exceeded.
g) The Planning Board, in conjunction with the Building Inspector, shall be responsible for
administering this section of the Bylaw. Accordingly, the Planning Board shall adopt
and publish reasonable regulations for carrying out its duties under this section. In
particular,these regulations should address the conditions and processes for authorizing
building permits on an annual basis.
EXEMPTIONS
The following developments are specifically exempt from the Development Scheduling
provisions of this by-law.
An application for a building permit for the enlargement, restoration, or reconstruction of a
dwelling in existence as of the effective date of this by-law, provided that no additional
residential unit is created.
All lots created prior to May 6, 1996 are exempt from the provisions of this Section of the
Zoning Bylaw.
Dwelling units for low and/or moderate income families or individuals, where all of the
following conditions are met:
Occupancy of the units is restricted to households qualifying under Local Initiative
Programs and the New England Fund as administered by the Massachusetts
Department of Housing and Community Development. The affordable units are
subject to a properly executed and recorded deed restriction running with the land
which shall limit the succeeding resale price to an increase of 10 percent, plus any
increase in the consumer price index, plus the cost of any improvements certified by
the Building Inspector.
Dwelling units for senior residents, where occupancy of the units is restricted to senior
persons through a properly executed and recorded deed restriction running with the land.
For purposes of this Section"senior" shall mean persons over the age of 55.
Development projects which voluntarily agree to a minimum 40% permanent reduction in
density, (buildable lots), below the density, (buildable lots), permitted under zoning and
feasible given the environmental conditions of the tract, with the surplus land equal to at
least ten buildable acres and permanently designated as open space and/or farmland. The
land to be preserved shall be protected from development by an Agricultural Preservation
Restriction, Conservation Restriction, dedication to the Town, or other similar
mechanism approved by the Planning Board that will ensure its protection.
Any tract of land existing and not held by a Developer in common ownership with an
adjacent parcel on the effective date of this Section shall receive a one-time exemption
from the Development Scheduling provisions for the purpose of constructing one single
family dwelling unit on the parcel.
ZONING CHANGE PROTECTION
Any protection against zoning changes provided by M.G.L. c. 40A, s.6, shall be extended to
the earliest date on which the final unit in the development could be authorized under this
bylaw.
SEVERABILITY
The provisions of this by-law are hereby declared severable and if any provision shall be held
invalid or unconstitutional, it shall not be construed to affect the validity or constitutionality of
any of the remaining provisions of this by-law.
ARTICLE K. 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 81S 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 equalled 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, V1-
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 L. To see if the Town will vote to amend the definition of Adult Motion Picture
in Section 2.21.3 of the Zoning Bylaw by inserting the word "regularly" 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." so that the definitions will state:
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 on _going business of the sexually
oriented business.
or take any other action relative thereto.
ARTICLE M. 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.
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
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