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HomeMy WebLinkAboutAPRIL 7 2004 WARRANT-WITH CAS AMENDMENTS ACCEPTED-JAB-9PM VERSION DRAFT OE NORTHgti p SSAC H�ISE April 7,2004,JAB Town of North Andover Annual Town Warrant May 10,2004 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 wam the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet at the newly built North Andover High School on Monday May 10, 2004, at 7:00 PM then and there to act upon the following articles: Article 1. Reports of Receipts, Expenditures and Special Committees. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2003 Annual Town Report and to hear the reports of any special appointed committees. Article 2. Consent Articles. To see if the Town will vote the following consent articles or to take any other action related thereto: A. Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Year. In accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts for terms exceeding three years, including any renewal, extension or option, provided in each instance the longer term is determined to be in the best interest of the Town by vote of the Board of Selectmen or the School Committee,as appropriate;or to take any other action relative thereto. B. Authorization to Accept Grants of Easements. To authorize the Board of Selectmen and the School Committee to accept grants of easements for water,drainage, sewer, 1 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the town; or to take any other action relative thereto. C. Authorization to Grant Easements. To authorize the Board of Selectmen and the School Committee to grant easements for water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town;or to take any other action relative thereto. Article 3. Amend 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 2003 Annual Town Meeting; or to take any other action relative thereto. Article 4. Amend Capital Improvement 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 13 of the 2003 Annual Town Meeting and amended under Article 2 of the November 17,2003 Special Town Meeting;or to take any other action relative thereto. Article 5. Amend 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 2003 Annual Town Meeting; or take any other action relative thereto, or take any other action relative thereto. Article 6. Amend 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 2003 Annual Town Meeting; or take any other action relative thereto;or to take any other action relative thereto. Article 7. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation For Fiscal Year 2004. To see if the Town will vote to amend the Steven's Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2004 as voted in Article 17 of the 2003 Annual Town Meeting;or take any other action relative thereto. Article 8. Prior Years Unpaid Bills. To see if the Town will vote to raise and appropriate,transfer from available funds or otherwise provide a sum or sums of money for the purpose of paying unpaid bills of prior years of the Town; or to take any other action relative thereto. 2 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB Article 9. 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: Board of Selectmen/Licensing Commissioners,per person,per annum $2,000 Chairman of Board of Selectmen,per annum,in addition 300 School Committee,per person,per annum 2,000 Chairman, School Committee,per annum,in addition 300 Moderator, For Annual Town Meeting 100 For each Special Town Meeting 50 or to take any other action relative thereto. Article 10. General Fund Appropriation Fiscal Year 2005. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1,2004 and ending June 30,2005; or to take any other action relative thereto. Article 11. Capital Improvement Plan Appropriation Fiscal Year 2005. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary to fund the Town Capital Improvement Program;or to take any other action relative thereto. Article 12. Water Enterprise Fund Appropriation-Fiscal Year 2005. To see if the Town will vote to appropriate from Water Enterprise Fund Revenues,transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Water Enterprise Fund for the Fiscal Year beginning July 1,2004 and ending June 30,2005; or to take any other action relative thereto. Article 13. Sewer Enterprise Fund Appropriation-Fiscal Year 2005. To see if the Town will vote to appropriate from Sewer Enterprise Fund Revenues,transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Sewer Enterprise Fund for the Fiscal Year beginning July 1,2004,and ending June 30,2005;or to take any other action relative thereto Article 14. Stevens Estate at Osgood Hill Enterprise Fund Appropriation-Fiscal Year 2005. To see if the Town will vote to appropriate from Steven's Estate at Osgood Hill Enterprise Fund Revenues,transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Stevens Estate at Osgood Hill Enterprise Fund for the Fiscal Year beginning July 1, 2004 and ending June 30, 2005, or to take any other action relative thereto. 3 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB Article 15. Establishment of Revolving Funds. To see if the town will vote to authorize the following revolving funds for certain Town departments under Massachusetts General Laws,Chapter 44, Section 53E 1/2 for the Fiscal Year beginning July 1,2004. REVOLVING ACCOUNTS Account Revolving Spending FY 2005 Number Fund Authority Use of Funds Revenue Source Limit Participants fees, Grants, Donations,and 022- All programs and related 5423- Youth Director activities,expense, Fundraising 3437 Services CD& S part time help proceeds $ 250,000 Field rental fees, Grants, Donations,and Field maintenance, related Field Director upgrade and related Fundraising New Maintenance DPW expenses proceeds $ 20,000 Participants fees, Grants, Donations,and related 022- Elder Director Senior programs, Fundraising 5590 Services CD& S classes and activities proceeds $ 50,000 Clinic participant fees,Grants, donations, related 022- Health Dept Director clinic supplies and Fundraising 5102 Revolving CD& S other expenses proceeds $ 20,000 Wheelabrator 022- Wheelabrator Director Air quality Host Service 4306 Planning CD& S monitoring Agreement $ 25,000 Director Wheelabrator 022- Wheelabrator CD& S To enforce Trash Host Service 4307 Public Safety Truck regulations Agreement $ 20,000 Wheelabrator Director Protection of health, Wheelabrator 022- —Health CD& S safety,monitoring air Host Service 4308 quality Agreement $ 40,000 4 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB Revolving Accounts (Massachusetts General Law Chapter 44,Section 531/2 Account Number Revolving Fund Balance FY03 FY03 Balance Receipts to Expenditures Balance 7/1/02 Receipts Expenditures 6/30/03 12/31/04 to 12/31/03 12/31/03 022- 5423 Youth Services $ 160,124 $ 231,522 $(183,402) $ 208,244 $ 63,826 $ (137,586) $ 134,484 Field new Maintenance $ - $ - $ - $ - $ - $ - $ - 022- 5590 Elder Services $ 21,496 $ 15,033 $ (32,557) $ 3,972 $ 7,285 $ (2,493) $ 8,764 022- 5102 Health Dept $ 11,332 $ 8,091 $ (4,707) $ 14,716 $ 7,235 $ (3,846) $ 18,105 022- Wheelabrator 4306 Planning $ 81,821 $ 25,000 $ (28,874) $ 77,947 $ 25,000 $ - $ 102,947 022- Wheelabrator 4307 Public Safety $ 50,000 $ 11,800 $ (14,139) $ 47,661 $ 7,500 $ (37,911) $ 17,250 022- Wheelabrator 4308 Health $ 74,812 $ 37,029 $ (18,476) $ 93,365 $ - $ (66,101) $ 27,264 REVOLVING ACCOUNTS A revolving account allows fees and donations to be used for related expenses without a specific appropriation by Town Meeting. For example,activity fees collected from participants in Youth Services programs are used for cost associated with running the programs. State Law requires that the Town Meeting vote annually on this type of revolving account setting a dollar limit and specifying who is authorized to make expenditures. In any fiscal year, the limit on the amount that may be spent can be increased with the approval of both the Board of Selectmen and the Finance Committee. Or to take any other action relative thereto. Article 16. Appropriation of Funds for Securing Veterans and Indigent Lots from Ridgewood Cemetery Associates. To see if the Town will vote to appropriate the sum of $9,000 (Nine Thousand Dollars)to be expended under the direction of the Board of Selectmen for the purpose of securing veterans and indigent lots from the Ridgewood Cemetery Associates;or to take any other action relative thereto. Petition of Robert A. Smith and others 5 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB Article 17. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. To receive the report of the Community Preservation Committee and to see if the Town will vote to raise, borrow and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee;or to take any other action relative thereto. Article 17-List of Proposed Community Preservation Committee Appropriations DESCRIPTION AMOUNT CATEGORY a) Machine Shop Village—Master Plan $22,000 Historic Resources b) Preservation of Historical Town Records $30,000 Historic Resources c) Stevens Library Stairs(Phase 2) $46,000 Historic Resources d) North Parish Church—Steeple and $141,670 Historic Resources Foundation Restoration e) Stevens Estate—Fire Protection System $319,000 Historic resources I) Sharpners Pond Fields-Baseball $25,000 Recreation/Open Space g) Grogan Playground $25,000 Recreation h) Half Mile Hill Summit—Principal/Interest $500,000 Open Space i) Half Mile Hill—Principal and Interest $775,000 Open Space j) Carter Hill—Principal and Interest $525,164 Open Space k) Reserve for Affordable Housing $202,000 Affordable Housing L) Administration $5,000 Administration and Operating Expenses Petition of the Community Preservation Committee Article 18. Acquisition of Land—Community Preservation Committee—Land Located at Half Mile Hill Summit. WAITING FOR ARTICLE DESCRIPTION OF LAND TO BE PURCHASED AND MOTION TO FOLLOW Petition of the Community Preservation Committee 6 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB CHARLIE! I still think townspeople deserve some warning as to whether this is a $2 or $2,000,000 deal. Is there an appraisal(yet)that can be referenced within article? Article 19. Acquisition of Land - Lake Front Property Great Pond Road Adiacent to Water Treatment Plant. Acquisition of Land-Lake Front Property Great Pond Road Adiacent to Water Treatment Plant. To see if the Town will vote to raise and appropriate, transfer from available funds,or borrow under the provisions of MGL,Chapter 44 or any other enabling authority, the sums of money necessary to acquire, for purposes of watershed protection and the possibility of expanding the water treatment plant at the discretion of the Board of Selectmen, by gift, purchase, or eminent domain approximately 2.1 acres of land adjacent to the Water Treatment Plant on Great Pond Road which is a portion of land known as Map 37A, Parcel 2 shown as Parcel "A" on a plan entitled, "Proposed Land Transfer Plan" dated 3/12/04,scale F=80',on file in the office of the Town Clerk,more particularly described as follows: Beginning at a point along the northerly street line of Great Pond Road said point being the easterly property corner of said parcel, thence running North 32° -00'-00" West, 425.00 feet to a point,thence running South 58°-00'-00"West, 200.00 feet to a point, thence running North 32° -00'-00" West, 300 feet +/- to a point, thence running in a westerly direction, 182 feet +/- along the shoreline of Lake Cochichewick to a point, thence running in a southerly direction along a stone wall 423 feet +/- to a point, thence running North 58° -00'-00" East, 298 feet +/- to a point,thence running South 32°-00'-00"East,282 feet+/-to a point,thence running North 50° -00'-00" East, 53 feet +/- to a point, said point being the point of beginning. And that the Board of Selectmen be authorized to acquire said land by gift,purchase or eminent domain and to grant an easement or right of way for travel by foot across said land; or to take any other action relative thereto. Petition of Mark H.Rees and others Article 20. Amend Section 8.8—Adult Use Zone of the Zoning Bylaw. To see if the Town will vote to add to and/or clarify section 8.8 of the existing Zoning Bylaw for the Town of North Andover by inserting the following language at the end of the fast paragraph entitled "Section 8.8 Adult Use Zone". Be it resolved that the Special Permit Granting Authority, in considering an application for Special Permits for Adult Uses,pursuant to Section 8.8 Adult Use Zone of the Zoning Bylaw Town of North Andover requires that the applicant for such a permit to apply for and receive all other necessary permits and approvals,including but not limited to those required from the Building Inspector(s), Planning Board, Conservation Commission, Board of Health, other public safety agencies within the Town and any other agencies or boards that the Special 7 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB Permit Granting Authority deem relevant and appropriate, before making its decision to issue or deny a Special Permit for Adult Uses. Accordingly,the Special Permit Granting Authority may accept,from other issuers of permits and approvals,conditional permits and approvals that are subject solely to the granting by the Special Permit Granting Authority approval of the Special Permit for the Adult Use Zone;or to take any other action relative thereto. Petition of Robert Ercolini and others Article 21. Procedure for Review of Proposed Trash Transfer Facility Agreement. The petitioner, Robert Ercolini, submitted other documents with the following warrant article that are not reproduced here. This other information is available for viewing at the Town Clerk's office or at the town's website:www.townofnorthandover.com. This article states that the Agreement (see Agreement below) signed between the Board of Selectmen and Thomson Brothers Inc. (TBI) and related affiliates must fast go through the proper procedures, as mandated by our town charter, before it is approved. Specifically, this article states that the Agreement must be thoroughly reviewed by the proper boards and then voted on at a subsequent Town Meeting. Be it resolved by the residents of the Town of North Andover that: Whereas,the North Andover Board of Selectmen (hereinafter Board of Selectmen) on a 3 to 2 vote approved an Agreement (hereinafter an "Agreement" with Thomson Brothers Inc. (hereinafter "TBI"), Trustee of L.M.T. Reality, Merrimac Cartage, Northside Carting, Inc. (hereinafter collectively"Affiliates"and Rocket Entertainment as of October 20,2004 and that the Agreement requires the expenditure of funds by the Town of North Andover Whereas,TBI,the Thompson family and their Affiliates seek to construct and operate a transfer station on their property located at Holt Road in the Town;and Whereas, TBI, their Affiliates and Rocket Entertainment and the Board of Selectmen have entered into an Agreement to outline the costs and benefits to the Town arising from construction and operation of such a facility,and Whereas, prior consideration of such a facility resulted in denial of a site assignment for the facility by the Town's Board of Health;and Whereas, this denial was upheld on judicial review at both the Superior and Supreme Judicial Courts;and Whereas, the North Andover Planning Board and Finance Committee did not review the Agreement, prior to the execution by the Chairman of the Board of Selectmen, in accordance with the Town of North Andover's Charter provisions;and 8 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB Whereas, the Agreement provides for the expenditure of monies including but not limited to legal fees incurred by the Thomsons,costs incurred pursuant to the binding arbitration clause in the contract,charges for drop off of some recyclables,any increased costs incurred by the TBI, (without audit or review by the Town), and additional costs pursuant to "White Goods" that need to be appropriated and authorized by Town Meeting, Whereas, the Agreement did not involve public bidding to insure best possible price to the Town and allow for competition to others interested in providing these services, Whereas, the Agreement gives TBI the discretion to terminate the contract at any time and manipulate its(TBI's) obligations there under, Whereas,the Agreement leaves too many ambiguities and unanswered questions,the answers to which may prove costly to the Town, Whereas this Agreement subjects the town to lawsuits from other landowners seeking similar Agreements. Whereas, the terms of the Agreement and the Thomsons have revealed that TBI is using the threat of opening Rockets in an extortionate manner Whereas, no determination has been made that the there are sufficient sums in the Agreement to adequately monitor the facility's operation, Whereas,the Agreement does not provide for specific liquidated damages or automatic penalty clauses for TBI's non performance with respect to sections 1(h) and 1(o)-there is no specific penalty provided for TBI's failure to enforce traffic routes or TBI's failure to adequately enforce bans on prohibited materials, and thus TBI's incentive to perform under these provisions can not be adequately gauged, Whereas the proposed facility is twice the size as the original design that was denied by the 1997 Board of Health, and the Agreement does not provide penalty clauses if TBI brings in more than 650 tons per day of trash and construction and demolition debris. Whereas, TBI is using this Agreement as leverage to get its permits approved by the Department of Environmental Protection and the town's Board of Health, Whereas, the Agreement (signed by the Selectmen) will exert undue pressure on members of the North Andover Board of Health (who are appointed by the Board of Selectmen) in their deliberation on the proposed facility, Whereas,the Agreement has been reviewed by Mintz Levin Cohn Ferris Glovsky&Popeo PC, and their concerns and comments are available. 9 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB Whereas, the failure of Town Meeting to specifically reject this Agreement will cause it to be automatically approved by Town Meeting as part of its approval of the Town's annual budget appropriation for fiscal 2005, Now,therefore,Town Meeting states and declares the following: That the Agreement between TBI, their Affiliates and Rocket Entertainment and the Board of Selectmen is a non-binding recitation of proposed benefits and costs to the Town;and That the Agreement does not constitute a binding host community Agreement and that it requires further review, amendment and approvals by the Finance Committee,Planning Board, Towns employees and Town Meeting before it may constitute a contractual agreement;and That the Town's Board of Health has the ultimate authority to determine whether the site may be assigned for use as a transfer station in a manner that is protective of public health, safety, and the environment without influence from the Board of Selectmen;and That the voters of the Town of North Andover stand opposed to the siting of this facility and the making of any agreement which may purport to give any authority for construction or operation of the facility prior to Town Meeting approval of any agreement, That Town Meeting approval of such an agreement shall only be given after a full review of any proposed agreement by all appropriate Town Boards and professional personnel employed by the Town as to the impacts to public health, safety, economic costs and benefits and the environmental impacts which may arise from the construction and or operation of such a facility;and That no expenditure of funds, including any employee costs, shall be incurred by North Andover on or on behalf of this Agreement until a proposed Agreement is approved by Town Meeting. WITNESSETH WHEREAS, TBI proposes to develop property at 210 Holt Road (the "Site") for a solid waste recycling and transfer facility for up to 650 tons per day(the"Facility"). Reference to"TBI"in this Agreement shall be deemed to include TBI's successors and assigns,and WHEREAS,the Thomsons are owners of property at 210 Holt Road;and reference to "the Thomsons"in this Agreement shall be deemed to include the Thomsons' heirs, successors and assigns;and WHEREAS, TBI acknowledges that execution of this Agreement by the Selectmen does not constitute an endorsement or approval of the proposed Facility but merely sets forth the recycling and waste diversion benefits that TBI will provide to the Town of North Andover (the"Town")should TBI be successful in developing and operating the Facility at the Site,and 10 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB WHEREAS,nothing in this agreement shall be construed to mean that the Board of Selectmen endorse any specific proposal or elements of any specific proposal for a Transfer Station or Recycling Facility at the subject lots (210 Holt Road). The purpose of this Agreement is to agree upon certain terms that will benefit the Town of North Andover should a proposed facility obtain all necessary environmental and other permits,and WHEREAS,this Agreement is in no way a directive to the North Andover Board of Health to issue a permit for the Facility;and WHEREAS, the Selectmen and TBI enter into this Agreement knowing that the Board of Health, and not the Board of Selectmen,has the authority to issue a permit for a solid waste recycling and transfer facility; and if the Board of Health denies the permit application for a solid waste recycling and transfer facility at the Site,then this Agreement shall be null and void. Now,therefore, for good,lawful and valuable consideration, TBI,the Thomsons and the Selectmen agree as follows: 1. For so long that TBI is permitted to operate and is operating the Facility as described herein and the Town zoning by-laws governing the use of the Site remain unchanged, TBI and the Thomsons agree as follows: a. TBI and the Thomsons shall file a deed restriction in the Essex County Registry of Deeds providing that for so long that TBI is permitted to operate and is operating the Facility at the Site,then the Site and any and all adjacent or contiguous parcels of land currently owned or controlled by the Thomsons,TBI or its principals,including but not limited to land conveyed to the Thomsons as described in a deed recorded at Book 1906, Page 94 of the Northern Essex Registry of Deeds shall be used only for the Facility, other permitted solid waste and recycling operations, and/or as currently used, including ancillary parking for the Facility only, related office or maintenance space (of its own vehicles) and Facility storage. The deed restriction, which shall run with land, be binding on all successors for a minimum of ninety-nine years, name the Town as a party to the instrument and state that the restriction is for the Town's benefit, and otherwise be drafted so as to be enforceable by the Town to the maximum extent allowed by law,shall be recorded no later than the first date of the operation of the Facility. b. TBI shall provide to the Town and to the North Andover Schools and to residents of the Town, free of charge, curbside recycling collections of paper, glass, steel (tin), aluminum, plastics and other recyclables currently collected by the Town consistent with the Town's current recyclable collection such that each residence and currently eligible business or multi family units is picked up once every two weeks (excluding all non-eligible commercial, business and multi family entities). TBI agrees that it will augment the recycling program to include additional recyclable materials normally included in other municipal recycling programs in eastern Massachusetts such as cardboard and plastics 1-7 (excluding yard waste and food waste) provided that there is an active market for recycling such material. The Facility shall take recyclables that are at least those taken by a majority of North Andover's 11 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB "comparable" community list. TBI agrees to enter into a mutually satisfactory agreement with the Town for curbside recycling collections containing at a minimum all of the terms and provisions contained in this Agreement for curbside collection for the residents of the Town and such other terms and conditions consistent with this Agreement. The Town shall initially propose a form of curbside recycling contract containing such terms and conditions. TBI shall respond to the Town's proposed form of contract with specific comments and suggested changes. If TBI and the Town are unable to agree on a mutually acceptable curbside recycling contract within sixty days of commencement of negotiations, they agree to submit their disagreement to arbitration in accordance with the commercial arbitration rules of the American Arbitration Association unless the parties agree otherwise. The award rendered by the arbitrator shall be final and binding on all parties, and the parties agree to execute a curbside recycling contract incorporating such decision within ten days of such decision. The arbitration shall be held in the Boston area. TBI agrees that it shall not commence operation of the facility before executing the curbside recycling contract. c. TBI shall submit a response to a request for proposal for all the Town's current recyclable collection trucks and if TBI is the highest bidder, TBI shall purchase said trucks at fair market value,but not less than$20,000.00, or provided the trucks remains in their current condition,ordinary wear,tear and mileage excepted,the outstanding debt service on the trucks, whichever is greater. d. TBI shall provide to the Town and Town residents (excluding all commercial, business entities) and administrate so called "white good" (i.e. large appliances) and chlorofluorocarbon(CFC)item curbside pick up and disposal at a recycling facility at the same rates currently charged by the Town, to be reasonably adjusted for future changes in actual costs. TBI shall accept all post consumer recyclable materials from the Town and Schools free of charge (excluding construction and demolition debris, soil, asphalt, brick and concrete and other non-consumer materials). If TBI desires to change the charges for such services,it shall first request approval from the Selectmen for such change in cost which approval the Selectmen shall not unreasonably delay or withhold. e. TBI shall provide and manage at the Site a drop off center for recyclables free of charge to the Town and to residents of the Town(excluding all commercial,business and non- residential entities). The drop off center at the Site shall provide for drop off of recyclables currently accepted at the DPW facility which includes but is not limited to mixed paper, corrugated cardboard, clear and colored glass, steel (tin), aluminum, 41 through 42 (to be expanded to include 43-7 if a market develops for such plastics) plastics, and oil filters. TBI shall also accept at the current rates and on the same terms currently being provided by the Town tires, cathode ray tubes, florescent bulbs and ballasts, oil and latex paint, auto batteries, button batteries,nickel cadmium batteries,hard and soft cover books, clothing,mercury thermometers and thermostats and propane tanks to the extent permitted by applicable law, regulation and permits. The materials collected curbside and accepted at the drop off center shall be recycled and shall not be processed at the Facility as solid waste. To the extent allowed by applicable 12 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB law, regulation or TBI's permits TBI shall make the Site available for Town scheduled HHW collection events at the Town's expense. TBI shall provide to the Town tonnage and/or quantity reports for materials collected at the drop off center comparable to the reports currently prepared by the Town. f. TBI will offer a preferred rate of 20% discount off published disposal rates for processing and disposal of construction and demolition debris for any projects undertaken by any agency of the Town of North Andover,including schools,public works and other agencies not to exceed ten(10)tons in any one day. g. TBI will provide a place for Town residents (excluding all commercial and business entities)to drop off construction and demolition debris from their own minor home remodeling and repair jobs at a preferred rate of 20% discount off published disposal rates with no minimum charge to the Town residents. h. TBI shall enforce truck routes designated by the North Andover Board of Health or as mandated by other government authorities. TBI shall prohibit a hauler or haulers from using the Facility in the event that the Town reports to TBI that a hauler has violated a truck route after one warning, TBI shall fully comply with North Andover Board of Health truck route regulations and restrictions. Except as modified by the Board of Health, TBI will use the following truck routes: TBI will follow truck routes from their facility to interstate Route 495 by heading north on Route 125 and turning left on the Ward Hill connector. The Trucks will not be on any other streets in North Andover except to pick up materials generated by the residents of North Andover or businesses located within the boundaries of North Andover. i. TBI and the Thomsons shall not subdivide the Site or any adjacent or contiguous parcels of land owned or controlled by the Thomsons and TBI, or its principals, including but not limited to land conveyed to the Thomsons as described in a deed recorded at Book 1906, Page 94 of the Northern Essex Registry of Deeds, j. TBI will provide at no cost to the Town a ground level 40 foot storage container as a drop-off point by Town residents (excluding all commercial and business entities) of reusable furniture at the Site drop-off center. TBI reserves the right to reject any unusable furniture,but TBI shall not act unreasonably in rejecting furniture. k. No burning or combustion of solid waste will take place at the Site. 1. Any fixed equipment at the Site will be powered by electric motors, not diesel or other fossil fuels. m. Diesel powered equipment (loaders, etc.)that will be used at the Site will meet the air emission requirements for new diesel equipment that are in place on the day that operations commence regardless of the age of the equipment to be used. 13 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB n. TBI shall comply with all state and federal statutes and regulations, as amended, governing emissions of dust and other particulate matter from the Facility, including, without limitation, periodic sampling for emissions and installation of dust and particulate matter control devices to maintain emissions within acceptable limits. Upon commencing operations, TBI will arrange for a Certified Industrial Hygienist to conduct a study using OSHA approved methods to quantify ambient levels of dust and other particulate in the building and to determine whether any respiratory protection is required for the workers inside the facility. o. The Facility will not accept any of the following materials and will have in place a program to inform its customers of the ban on these materials as well as a program designed to screen waste loads for these materials and enforce the bans including prohibiting certain customers from continuing to use the facility if they repeatedly violate the bans: • Hazardous Waste as defined by federal and Massachusetts Laws • Asbestos Containing Materials • Biological or Infectious Waste • Except to the extent allowed by TBI's permits, applicable law or regulation, Materials listed as Universal waste such as fluorescent light tubes or mercury containing thermostats • Special wastes as defined in 310 CMR 19.006 • Wastes (excluding recyclables and compostable or other materials expressly included in this Agreement) that are not "solid wastes" according to the definition of solid waste set forth in 310 CMR 19.006 p. TBI will allow agents or employees of the Town of North Andover Board of Selectmen or Board of Health to access the facility during business hours for the purposes of conducting inspections of operations at the facility. Access includes access to all records necessary to evaluate compliance with the environmental,regulatory and permit requirements. Inspections may include occasional measurements of dust and particulate matter at the property boundary using accepted EPA sampling and analytical methods or approved devices for measuring real time,ambient dust conditions. q. TBI will pay the actual expenses up to $20,000 per year (adjusted annually on the anniversary of this agreement by the Brockton, Boston,Nashua CPI-U) for the Town to hire a qualified environmental scientist or engineer to inspect the operations at the Facility,to review the records of operation and to evaluate compliance with state and federal laws and regulations and with the terms and conditions of all environmental permits. The scientist or engineer may take measurements of ambient air at the property line for the purpose of determining compliance with allowable ambient levels to particulate matter known as PM10. The Town will provide TBI with copies of all results and reports of such inspections and measurements within ten(10)days of receipt. 14 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB r. TBI agrees to notify the Board of Selectmen and Board of Health within 24 hours of receipt of any Notice of Violation or Notice of Non-Compliance from either the federal Environmental Protection Agency or the Massachusetts Department of Environmental Protection,or their successors. s. TBI agrees to copy either the North Andover Board of Health or Board of Selectmen on all correspondence with the Massachusetts Department of Environmental Protection, or its successors, including annual reports on materials handled, responses to inquiries for other information,and response to any Notices of Non-Compliance or Notice of Violation. t. The Facility shall comply with the applicable Commonwealth of Massachusetts waste ban,as amended from time to time. u. TBI reserves the right to require proof of North Andover residency or eligibility in the case of businesses from all persons using TBI's services pursuant to this Agreement. The Town shall cooperate with TBI in developing a system of identification (such as stickers) for Town residents using the drop off center. 2. TBI shall incorporate into its design and operational plans for the Facility, at a minimum,the following features and/or policies: a. TBI shall handle only construction and demolition debris and commercial waste and agrees that no residential municipal solid waste not generated within the Town will be handled (except in case of a TBI vehicle breakdown or at the request of the Town). This provision is not intended to interfere with the arrangement between North Andover and the North East Solid Waste Committee, b. A minimum of fifty percent (50%) of incoming material volumes will be diverted from disposal, including, without limitation, diversion for recycling, composting or other beneficial reuse. The percentage minimum shall increase at the following intervals from the date of the first day of operation of the Facility: Two(2)years: 55% Five(5)years: 60% Seven(7)years: 75% c. The Facility shall be"fully enclosed"in accordance with FAA regulations. TBI shall install devices to eliminate bird hazards to the adjacent Lawrence Airport and also to eliminate vermin, d. TBI will sweep Holt Road from the Facility to Route 125 weekly; e. TBI shall implement reasonable measures for odor control at the Facility which measures shall be prescribed by the North Andover Board of Health as part of any approval. 15 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB 3. a. This Agreement may be modified only by an agreement in writing and shall be interpreted as an integrated agreement containing all obligations and understandings of the parties. b. If any provision of this Agreement or portion of such provision, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable,the remainder of this Agreement or the remainder of such provision and the application thereof to other persons or circumstances (other than those as to which it is held invalid or unenforceable) shall not be affected thereby,and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. C. This Agreement and the parties' respective rights hereunder shall be governed by the laws of the Commonwealth of Massachusetts and the parties hereto consent to the jurisdiction of the state courts of the Commonwealth of Massachusetts for the purpose of resolving any disputes relating to this Agreement. This Agreement and each of the terms contained herein may be enforced by an action in law or equity in the Essex County Superior Court. The prevailing party shall be awarded attorneys' fees and costs for such action. d. TBI acknowledges that the Board of Selectmen will not approve this Agreement until after review of the Agreement by the Board at a public meeting at which time public comments will be solicited. 4. TBI shall file an application for a site assignment for the Facility within thirty days of local approval of any other proposed use for the Site, and except as required in order to ensure that such approval does not lapse or expire or as required to defend any challenges to such an approval, TBI and the Thomsons shall not pursue or commence such other proposed use of the Site unless and until TBI is denied a site assignment or any other governmental approval needed to construct and operate the Facility. 5. The terms and conditions of this Agreement are fully transferable to any successor or assignee of TBI to operate a transfer station on the Site. 6. Upon the commencement of operations of the Facility, the lawsuit titled Rocket Entertainment, Inc. v. North Andover Zoning Board of Appeals, Land Court Docket No. 269389 shall be dismissed with prejudice and without costs. The parties respectively represent and warrant that: a. Each is duly organized and existing and in good standing, has the full power, authority and legal right to enter into and perform this Agreement,and the execution, delivery and performance hereof and thereof (i) will not violate any judgment, order, law, bylaw or regulation, and (ii) do no conflict with, or constitute a default under, any agreement or instrument to which either is a party or by which either party may be bound or affected;and b. This Agreement has been duly authorized, executed and delivered; this Agreement constitutes legal,valid and binding obligations of each party, enforceable in accordance with its terms; there is no action, suit or proceeding pending or, to the knowledge of either party, 16 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB threatened against or affecting either wherein an unfavorable decision, ruling or finding would materially adversely affect the performance of any obligations hereunder. c. TBI shall provide to the Board of Selectmen, on an annual basis commencing with the signing of this Agreement, a certificate from the Massachusetts Secretary of State of TBI's good standing. The Terms and conditions of this Agreement shall inure to and be binding upon the parties hereto,and their respective successors and assigns. Any or all of the terms of this Agreement may be incorporated, at the discretion of the North Andover Board of Health, into an approval by the North Andover Board of Health for the Facility at the Site. This Agreement is contingent upon an approval of a permit by the North Andover Board of Health for the Facility. If the Board of Health does not approve TBI's application for an approval of a permit for the Facility,then this Agreement shall be null and void. IN WITNESS WHEREOF,the parties have set their hands and seals this 20th day of October,2003. TOWN OF NORTH ANDOVER SELECTMEN THOMSON BROTHERS INDUSTRIES,INC. [SEAL] By its Chair,duly authorized President,hereunto duly authorized APPROVED AS TO FORM: Town Counsel The Following Signatories are Executing this Agreement only with respect to the provisions expressly set forth below and no other provision of the Agreement. APPROVED AND CONSENTED TO: With Respect to Section 1(a) TRUSTEES OF L.M.T.REALTY TRUST Joyce R. Thomson,Trustee hereunto duly authorized William Thomson, Jr. Trustee hereunto duly authorized 17 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB With Respect to Section 1 (h)Only MERRIMAC CARTAGE,INC. President,hereunto duly authorized With Respect to Section 1 (h)Only NORTHSIDE CARTING,INC. President,hereunto duly authorized With Respect to Section 6 Only ROCKET ENTERTAINMENT,INC. President,hereunto duly authorized Petition of Robert Ercolini and others Article 22. Planning Board Study of Land North of Route 125 and Sutton Street. To see if the town of North Andover will vote to request the Planning Board to study all land and buildings located north of Sutton Street and Route 125 from its intersection with Sutton Street to the Haverhill border for the purposes of making recommendations to Town Meeting for future land uses,zoning and any other recommendation applicable to this property. This study shall include, but not be limited to, proposed roadway and traffic improvements and determining the highest and best use utilization of existing buildings,including but not limited to,the former Lucent property. The Study shall make recommendations for the Town to take any actions necessary to protect the health and safety of the people of North Andover and encourage the highest and best used of this property. The Planning Board will hold public hearings as part of this study and allow citizens,property owners,tenants and other interested parties an opportunity to participate and comment as part of the study. The Planning Board shall make its recommendations resulting from the study available sixty days prior to the May 2005 Annual Town Meeting;or to take any other action relative thereto. Petition of Robert Ercolini and others Are the sp� ilics of the T"IF"known,or yet to-be-determined`Z C'an a town a �rove a T"IF"with the terms to be determined later 7 Article 23. Tag Increment Financing Plan — 1600 Osgood Street (Former Lucent Technologies). To see if the Town will vote to approve the Tax Increment Financing Plan for 1600 Osgood Street (Hereafter known as the TIF Plan) and authorize the Board of Selectmen to reach an Agreement with the owner of the property, for a parcel of land and buildings thereon. The property shall be designated as a Tax Increment Financing Zone, which, as defined in the TIF Plan, presents exceptional opportunities for increased economic development. As outlined in the TIF Plan,the Town shall provide for an exemption of property 18 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB taxes or a percentage thereof based on the incremental increase in property value in assessed valuation of the property for a period of not more than 20 years in accordance with the requirements of Massachusetts General Laws Chapter 23A, Section E-, Chapter 40, Section 49, and Chapter 59, Section 5 and pursuant to 751 CMR 1.04 (1) (b)and 402 CMR 2.18. In return for such tax benefits,in accordance with the TIF Plan,the owner of the property shall ensure at the above property the location and expansion of manufacturing,research and development or other like uses which increase job creation, provide higher property values, and retain and/or expand industry in the Town and the Commonwealth. A copy of the TIF Plan is on file with the Town Clerk-,or take any other action relative thereto. Article 24. Petition the General Court to Change the Name of the Town of North Andover. To see if the Town will vote to authorize the Board of Selectmen to Petition the General Court to change the official name of the Town of North Andover to "Olde Andover", or take other action relative thereto. Petition of Karen M. Kline and others If this stays in Chapter 17,title is"Finance" (although there maybe some benefit in it not being overlooked by_putting_t_n_Chapter_59"Town Meeting") Article 25. Amend Town By-laws Chapter 17-To F"finance-Add New Section to Establish Committee to Develop Revenue and Fixed Expense Projections for the Town's Annual Operating Budget. To see if the Town will vote to amend the general bylaws (Code of the Town of North Andover), Chapter 17, Finance, by adding the following new section: Section 17-9: Revenue/Fixed Costs Review Committee There is hereby created a committee to advise the town manager on revenue, other financial sources and fixed costs projections for town operating budgets. The Committee shall consist of two finance committee members, one member of the Board of Selectmen, the School Superintendent, the Director of Finance and Administration, the Town Accountant, and the Principal Assessor. The Town Manager shall serve as an ex-officio member of the committee. The committee shall meet within thirty days but no later than December I't of the issuance of the Board of Selectmen budget policy statement provided for in Chapter 9, Section 2-3 of the Town Charter and shall report to the Town Manager and the Finance Committee their initial estimates for revenues and other financial sources projections and fixed expense estimates for the following fiscal year's annual operating budget within 45 days of the Committee's first meeting. The committee's report shall identify and describe all revenue and financing sources and anticipated fixed costs and shall provide a written rationale supporting estimates contained therein. The committee may continue to meet after the issuance of the Town Manager's Recommended Budget for the purpose of providing continued advice to the Town Manager, the Board of Selectmen and the Finance Committee regarding revenue and fixed costs projections. 19 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB Petition of the Finance Committee Article 26. Amend Chapter 59 General Bylaws—Add New Section 7-Presentation of Budget Articles. To see if the Town will vote to amend the general bylaws(Code of the Town of North Andover),Chapter 59,Town Meeting,by adding the following new section: Section 59-7: For any budgetary articles for the general fund, enterprise funds or capital projects (including amendments to previously approved budget articles)the Finance Committee motions shall consist only of a reading of the main motion without explanation. Pursuant to Section 9-3-3 of the Town Charter,the Board of Selectmen or their designee shall then present to the Town Meeting a report explaining the Selectmen's proposed budgets or budget amendments including a summary of revenue or other financing sources projections and recommended expenditures. To the extent that the Board of Selectmen's recommended budget differs from the Finance Committee motion,the Board of Selectmen shall move to amend the Finance Committee main motion;or take any other action relative thereto. Article 27. Petition the General Court-Amend Chapter 2 Section 2 of the Charter for the Town of North Andover-Warrants. To see if the Town will vote to authorize the Board of Selectmen to Petition the General Court to amend Chapter 2 Section 2 of the Charter for the Town of North Andover by deleting Section 2-2 in its entirety and now reads: Chapter-2-2 The warrant for each town meeting shall be closed not more than sixty days,but at least forty-five days prior to the date for the meeting,provided that by unanimous vote,the Board of Selectmen may reopen the warrant in cases of emergency. And further vote to add new Section 2-2 to read: The warrant for the Annual Town Meeting shall be closed not more than 75 days,but at least forty days prior to the date for the meeting, provided that by unanimous vote, the Board of Selectmen may reopen the warrant in cases of emergency. The warrant for any Special Town Meeting shall be closed not more than 40 but at least 20 days prior to the date of the meeting;or take any other action relative thereto. Petition of the Town Clerk Article 28. Petition the General Court- Amend Chapter 2 Section 4 of the Charter for the Town of North Andover-Warrants. To see if the town will vote to Petition the General Court to amend Chapter 2 Section 2-4 Warrants of the Charter for the Town of North Andover by deleting section 2-4 which now reads: 2-2-4 The warrant for each special town meeting town shall be published in a newspaper of general circulation within the town at least seven days prior to the meeting. And vote to further amend by adding a new section 2-4 to read: The warrant for each Special Town Meeting shall have a summary of each article,prepared by N)ho(?),published in 20 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB a newspaper of general circulation at least seven days prior to the meeting. Said publication shall contain where copies of the full warrant text can be obtained, viewed, or requests for mailing be sent,or take any other action relative thereto. Petition of the Town Clerk Article 29. Petition the General Court-Amend Chapter 7 Section 8-1 Board of Health of the Charter for the Town of North Andover. To see if the Town will vote to authorize the Board of Selectmen to Petition the General Court to Amend Chapter 7 Section 8.1 of the Charter for the Town of North Andover by deleting in the fast sentence"three members" and replacing with"five members",or take any other action relative thereto. Article 30. Accept Provisions of Chapter 137 (Section 1) of the Acts of 2003 —Public Employees Serving in the Armed Forces of the United States. To see if the Town will vote to accept the provisions of Chapter 137 (Section 1) of the Acts of 2003, or to take any other action relative thereto. Article 31. Accept the Provisions of Massachusetts General Laws Chapter 41, Section 100B—Indemnification of Retired Police Officers and Firefighters. To see if the Town will vote to accept the provisions of Massachusetts General Laws Chapter 41, Section 100B; or to take any other action relative thereto. Article 32. Amend Chapter 115 Section 5 of the Town of North Andover By Laws "Garbage, Rubbish and Refuse" - Refuse Restricted Activity. To see if the Town will vote to amend Chapter 115 of the Code of the Town of North Andover in Section 5 Refuse Restricted Activity as follows: To delete the first paragraph of Section 115-5 and replace it with the following paragraph: To maintain compliance with the State solid waste facility regulation 310 CMR 19.017 the Town of North Andover enacts a mandatory bylaw which states that the following will not be allowed in the garbage,rubbish and refuse/trash: To insert the following paragraph at the end of Section 115-5: Single Resin Narrow necked plastic—All narrow-necked plastic containers of any resin type. In narrow-necked containers the diameter of the opening is smaller than the diameter of the base (e.g., a soda bottle is "narrow-necked", but a yogurt container is not). geometry_of_a container seems l ke_an_risl7ectthat should NOT determine recyclability. (Is Yoplait a narrow-necked yogurt container ?) Is there a better determinant? Recyclable Paper — all paper, cardboard, and paperboard products (e.g office paper, newspaper, unwaxed cardboard and cereal boxes) excluding tissue paper, toweling, paper plates,cups,and other low-grade paper products which become unusable to paper mills as a result of normal intended use. (e.g.used paper towels). 21 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB Cathode Ray Tubes (CRT's) — Any intact, broken, or processed glass tube used to provide the visual display in televisions, computer monitors and certain scientific instruments such as oscilloscopes. (3 10 CMR 19.006) Department of Public Works Article 33. Petition the Legislature-Amend Town Charter— New Section 10 — Citizen Participation Mechanisms (Right of Initiative Petition and Right of Referendum). To see if the Town will vote to authorize the Board of Selectmen to petition the Massachusetts Legislature to Amend Chapter 2 of the Charter for the Town of North Andover by adding the following section as described below, beginning with Section 10 Citizen Petition Mechanisms; or take any other action relative thereto. Furthermore,this Amendment will be subsequently subject to approval by a favorable vote of the inhabitants of the Town of North Andover qualified to vote in elections and town affairs,at the next annual town election after Legislative approval. The question approving the Amendment shall appear on the ballot substantially the same as outlined in MGL,Chapter 4313: Section 11. Section 10 Citizen Participation Mechanisms 2-10-1 Right of Initiative Petition;Initiative Procedures. Registered voters of the town may,by initiative petition propose to any annual or special town meeting the passage of a measure and, if such measure not be passed by said town meeting, may cause such measure to be submitted to the voters of the town for their approval thereof as hereinafter provided. However, no measure shall be proposed by initiative p[petition hereunder which: (1)makes a specific appropriation of money from the treasury of the town or other than an appropriation to pay for the costs of a study, (2)amends the zoning map or zoning by-laws of the town, (3)increases taxes or fees,or(4)proposed the submission to the voters of the town of an amendment to the charter. An initiative petition shall set forth the full text of the measure proposed by the petitioners,and shall be signed by not less than one hundred registered voters of the town each of whom shall sign his or her name and record his or her address on the petition as they appear on the list of registered voters. The initiative petition shall be submitted to the Town Clerk prior to the town meeting deadline for warrant articles. Upon certification of signatures, Town Clerk shall forward the initiative petition to Town Counsel. If Town Counsel certifies that the measure proposed by the initiative petition does not conflict with the constitution or laws of the Commonwealth, and that it includes only subjects not excluded from the initiative by this section, the initiative petition shall then be filed by him with the Board of Selectmen, who shall cause the measure proposed therein to be included in the warrant for the annual or special town meeting as an initiative article, so designated; 22 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB provided,however,that if the Town Counsel shall fail,within ten days following his receipt of an initiative petition, to notify the Board of Selectmen in writing of his reasons for not certifying the petition, that petition shall been deemed to have been certified by him, and the Board of Selectmen shall cause the measure therein proposed to be included in the warrant as an initiative article,so designated. Whenever an initiative article is included in the warrant for an annual or special town meeting, the moderator shall give to the fast named signer of the initiative article, or his designee, the privilege of making the fast motion under the initiative article, which shall be in the words of the proposal in the article. The moderator shall not accept any amendments or substitute motions without the express approval of the person offering the first motion under the initiative article. Action under an initiative article shall be taken by majority,two-thirds or such other cote as may be required by the nature of such action under applicable state laws. If such annual or special town meeting shall dissolve without having adopted,enacted,or voted passage of the motion presented under an initiative article, but if at least one-fifth of the total number of town meeting voters voting upon the motion shall have voted in the affirmative,the original petitioners of the initiative article may complete their petition by filing with the Board of Selectmen an additional number of signatures of registered voters of the town which, when combined with the signatures of the original petitioners, will equal in number not less than fifteen percent of the total number of persons registered to vote in the town. Each additional signatory voter shall sign his or her name, and record his or her address upon the petition as they appear on the list of registered voters, and all such additional signatures shall be gathered not earlier than the day after which the town meeting dissolved, and shall be filed with the Board of Selectmen as set forth above not later than sixty days, exclusive of Sundays and legal holidays,following the dissolution. If the annual or special town meeting shall have adopted,enacted or voted passage of any other separate motion as an alternative to the initiative article motion, such other motion to be designated an alternative motion by Town Counsel, the original petitioners of the initiative article may in like manner complete their initiative petition by filing with the Board of Selectmen an additional number of signatures,all as provided in the next paragraph: Within ten days after the filing of the completed initiative petition,the Selectmen shall issue a call for a special election,which shall be held within thirty days after the issuing of that call,for the purpose of presenting to the voters the measure proposed in the initiative petition which has been acted upon unfavorably by the town meeting, and any alternative measure which may have been adopted by the town meeting,provided,however,that the election shall not be held during the exclusionary period from June 30th to September 7th. In the event a special election has been scheduled during this exclusionary period for other reasons, then the exclusionary period will not apply and the special election for the initiative petition measure will be held on the same date as the other scheduled special election. Both the initiative petition measure and 23 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB any alternative measure shall appear upon the ballot to be voted upon by the voters, and shall be stated in the same language and form used in the motions acted upon by the town meeting. If a majority of the voters shall vote in the affirmative, with at least twenty percent of the registered voters voting, on either the initiative article motion or upon the alternative motion, the measure voted upon in the affirmative by the number of voters thus required, or the measure receiving the larger number of votes if conflicting measures are approved shall take effect immediately or at such later time as may be specified in the measure, or if it be a by-law subject to the approval of the Attorney General, it shall take effect subject to Section 32 of Chapter 40 of the General Laws; provided however, that any measure the passage of which shall by law require a two-thirds affirmative vote in a town meeting shall, if proposed by an initiative petition, or if it be an alternative measure proposed by initiative petition, or adopted by affirmative vote of the town meeting, and approved by the voters of the town under this section shall,after a period of 12 months,be subject to amendment,revision or repeal by town meeting, providing that such action does not conflict with the constitution or laws of the Commonwealth. No provision in this section shall negate or in any way limit the right of town or more registered voters to have an article inserted in the annual town meeting warrant at their written request,or the right of one hundred registered voters of the town to have an article inserted in a special town meeting warrant at their written request,all as provided for in Chapter 39, Section 10,of the General Laws. No provision in this section shall negate in any way the Massachusetts General Laws, North Andover Charter and North Andover Bylaws governing the conduct and other requirements of special and annual town meetings. 2-10-2 Right of Referendum;Referendum Procedures A vote passed at any town meeting authorizing the expenditure of fifty thousand dollars or more as a special appropriation, or establishing a new board or office or abolishing an old board or office merging two or more boards or offices, or fixing the term of office of town officers, where such term is optional, or increasing or reducing the members of a board, or adopting a new by-law, or amending an existing by-law, shall not be operative until after the expiration of ten days, exclusive of Sundays and holidays,from the dissolution of the meeting. If,within ten days, a petition, signed by not less than three percent of the registered voters of the town,containing their names and addresses as they appear on the list of registered voters,is filed with the selectmen asking that the question or questions involved in such a vote be submitted to the registered voters of the town at large, then the selectmen, after the expiration of five days, shall forthwith call a special election for the sole purpose of presenting to the registered voters at large the question or questions so involved. The polls shall be opened a seven o'clock in the morning and shall be closed not earlier than eight o'clock in the evening, and all votes upon any question shall be taken by ballot,and the check list shall be used in the several precinct meetings in the same manner as in the election of town officers. The questions so submitted shall be determined by a majority vote of the registered voters of the town voting 24 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB thereon, but no action of the town meeting shall be reversed unless at least twenty per cent of the registered voters shall so vote. Each question so submitted shall be in the form of the following question, which shall be placed upon the official ballot:-- "Shall the town vote to approve the action of town meeting whereby it was voted(brief description of the substance of the vote and by what vote thereon if such vote was tabulated)?" If such petition is not filed within the period of ten days,the vote of the town meeting shall become operative and effective upon the expiration of said period. Absent voter ballots shall be used at such election in accordance with the provisions of chapter fifty-four;or take any other action relative thereto. Petition of Albert F.Movsesian and others Article 34. Amend Chapter 170 (Underground Utilities) of the General Bylaws by expanding the definition of Old Common Area. To see if the Town will vote to amend paragraph D of Section 3 of Chapter 170—Underground Utilities Bylaw by inserting after"Old Common"the words"Area: along the former Essex Street from Academy Road to Great Pond Road;",or to take any other action relative thereto. Chapter 170,Section 3,Paragraph D now reads: D. Old Common: along Osgood Street from Bay State Road to the intersection of Andover Street. Along Andover Street from Academy Road to the intersection with Chestnut Street, along Massachusetts Avenue from 200 feet northwest of the intersection with Osgood Street through the Old Center to Salem Street and Johnson Street to Milk Street and along Great Pond Road from Academy Road 200 feet to the east toward Stevens Street. [Added by Article 21 2001 Annual Town Meeting. Approved by Attorney General September 12,200 1] Amended Section D to read: D. Old Common Area: along the former Essex Street from Academy Road to Great Pond Road; along Osgood Street from Bay State Road to the intersection of Andover Street. Along Andover Street from Academy Road to the intersection with Chestnut Street,along Massachusetts Avenue from 200 feet northwest of the intersection with Osgood Street through the Old Center to Salem Street and Johnson Street to Milk Street and along Great Pond Road from Academy Road 200 feet to the east toward Stevens Street. [Added by Article 21 2001 Annual Town Meeting. Approved by Attorney General September 12, 2001];or to take any other action relative thereto. Petition of Keith A.Mitchell and others Article 35. Petition the General Court-Authorization of Utility Easement—Drummond Playground. To see if the Town of North Andover will vote to authorize the Board of Selectmen to grant a utility easement to Massachusetts Electric Company on a parcel of land situated on the southwesterly side of Johnson Street,being shown on Assessor's Map 96 as Lot 32 with the easement being shown on a plan described as "North Andover OH to UG 25 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB Commons Project" which is on file with the Town Clerk's office on such terms as the Selectmen deem to be in the best interest of the Town of North Andover and authorize a petition to the Massachusetts Legislature for special legislation to accomplish the foregoing; or to take any other action relative thereto. Article 36. Petition the General Court - Authorization of Utility Easement — Town Common Area. To see if the Town of North Andover will vote to authorize the Board of Selectmen to grant a utility easement to Massachusetts Electric Company and Comcast of Massachusetts on a parcel of land situated on the northeasterly side of Osgood Street, the southwesterly side of Massachusetts Avenue, and the northerly side of Andover Street, being shown on Assessor's Map 59 as Lot 19 with the easement being shown on a plan described as "North Andover OH to UG Commons Project"which is on file with the Town Clerk's office on such terms as the Selectmen deem to be in the best interest of the Town of North Andover and authorize a petition to the Massachusetts Legislature for special legislation to accomplish the foregoing;or to take any other action relative thereto. Article 37. A Plan for Beaver Control and Associated Bylaw. To see if the Town of North Andover will vote at Town Meeting to accept a plan as set out in the Beaver Flow Chart. This plan can be added to from time to time as needed. This plan is intended to be a long-term management plan for land owners and the Town to address beaver and flooding problems. The definition of land owner is: Any person or persons owning land in the Town of North Andover. This plan will call for the Town of North Andover to inspect and maintain all brooks and streams within the watershed area of Lake Cochichewick. The Department of Public Works shall maintain all waterways near sewer pumping stations. They shall have the right to remove any and all materials that may impact these pumping stations. In the event that a beaver dam or any other type of dam is constructed in or upon such brook or stream, they will notify the Conservation Commission and the Board of Health. The area below such dams shall be inspected,before removal of dams or obstructions, to prevent flooding of property or homes. A home owner or land owner may enter into a long-term agreement with the Board of Health and Conservation Commission to maintain said owners property. This agreement shall be a written document, signed by the Board of Health and the Conservation Commission. The agreement shall be made by the land owner and any expense incurred thereof shall be paid by the land owner. Should an agreement be made, and a property sold,it can be updated with the Town. This plan is not intended to interfere, reduce, or transfer jurisdiction from one department to another on a long-term basis. State law will apply in all situations. 26 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB If an agreement is applied for by a land owner that may have an impact on another,each owner must sign off on the agreement. The person asking for the agreement must get the sign off. A copy of the agreement shall be kept on file with the Board of Health, the Conservation Commission, and the Department of Public Works. A land owner may, at their own expense,record such agreement at the Registry of Deeds,in compliance with state law. In the event there is a dispute between land owners, the discretion of the division of government having jurisdiction by law will apply. This plan shall be added to the current Code of the Town of North Andover as maintained by the Office of the Town Clerk;or to take any other action relative thereto. Petition of David C.Rand and others Article 38. Amend Zoning Bylaw— Section 4.2 Phased Development. To see if the town will vote to amend the Zoning Bylaw for the Town of North Andover by deleting Section 4.2 Phased Development in its entirety and replacing it with the following: 4.2 Phased Development By-law 1. Intent and Purpose. The purpose of this section is to ensure that development occurs in North Andover in a strategic, orderly and planned manner that allows for the preparation and maintenance of high quality municipal services for an ever-expanding residential population, while at the same time allowing reasonable residential development during such preparation that does not infringe on the quality of life or municipal services provided for the residents of the Town of North Andover,in order to provide for high quality and reliable municipal services such as, but not limited to, fire and police protection, educational facilities and programs and available clean water resources. This section establishes a strategic development rate consistent with recent historical average development rates for residential development in order to ensure that development occurs in an orderly and planned manner as it relates to the Town's ability to provide high quality and effective services for its citizens and protect its resources necessary for sustaining the present and future quality of life enjoyed by its citizens. 2. Definitions. For the purposes of this Bylaw,the following terms shall have the following meaning: (a) "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 including but not limited to Planning 27 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB Board endorsement of Definitive plan, Board of Health approval, and Conservation Commission approval. (b) "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. (c) "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 are sought. (d) "Phased 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. 3. Regulations. (a) Beginning on the effective date of this section,no building permit for a new residential dwelling unit or units shall be issued unless in accordance with the regulations of this section, or unless specifically exempted in Section 6 below, or by the provision of MGL,s. 40A,c. 6. (b) The regulations of this section shall apply to all definitive subdivision plans, subdivisions not requiring approval, contiguous Form A lots held in common or related ownership on the effective date of this by-law, site plan review applications,and special permits, which would result in the creation of a new dwelling unit or units. Dwelling units shall be considered as part of a single development for purposes of development scheduling if located either on a single parcel or contiguous parcels of land that have been in the same ownership at any time on or subsequent to the date of adoption of this section. (c) For all building lots/dwelling units covered under Subsection 3(b),the Planning Board is authorized to approve a Phased Development Schedule for that lot/unit in accordance with Section 4a. (d) The request for authorization of a Phased Development Schedule shall be made on forms provided by the Planning Board. Requests will include any and all information necessary to demonstrate eligibility and compliance with these regulations. (e) No building permits for new dwelling units shall be issued until the Phased Development Schedule has been recorded in the Essex County Registry of Deeds and a certified copy of the Phased Development Schedule has been filed with both the Planning and Building Departments. (f) Upon transfer of any lot or unit subject to this section, the deed shall reference the Phased Development Schedule and state the earliest date on which construction may be commenced in accordance with the provision of this bylaw. 28 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB (g) If a proposed subdivision includes 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. (h) Lot lines for Form A lots shall be defined when the Form A lots have been approved by the Planning Board or an authorized agent. Subsequent changes in the shape or ownership of lots shall not render the provisions of this Bylaw void. (i) Building permits shall be issued in accordance with the Phased 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, provided that building permits issued in succeeding years shall be limited to less than the permitted maximum, if necessary, to insure that the overall number of allowed permits is not exceeded. O 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 shall address the conditions and processes for authorizing building permits on an annual basis. 4. Phased Development Schedule (a) Building permits for new dwelling units shall be authorized only in accordance with the following Phased Development Schedule: Maximum Units for Number of Units in Minimum Years which Building Records Subdivision Development for Development May be Issued Per Year 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 No Phased Development Schedule shall exceed seven years. (b) The number of lots eligible for building permits in the fast year of the development shall be prorated 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. 29 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB (c) If as a result of an applicant seeking approval of a second plan of development on a parcel of land for which authorizations have been previously granted, a second plan is approved, a new Phased Development Schedule shall be established. The second schedule shall supersede the fast Phased Development Schedule at the time a building permit is issued based on the second plan for any lot lying wholly or partially within the parcel subject to the new development schedule. (d) The Planning Board, in approving the second plan, shall determine the number of authorizations from the first plan that would be abated based on the second plan's approval. This number shall be used by the Building Inspector in revising the authorization schedules due to abatements. 5. Requirements. (a) All definitive subdivisions, Form A approvals, special permits, and site plan review applications shall include a proposed Phased Development Schedule by the applicant. (b) Phased Development Schedules. i. Phased Development Schedules shall be determined by the Planning Board at the time of approval of any such application. Such schedules shall be included as a condition of approval of the application. ii. The Building Inspector shall be authorized to issue revised Phased Development Schedules based solely on approvals granted by the Planning Board. iii. All Phased Development Schedules with approved authorization shall be recorded with the application approval decision with the Town Clerk. No building permits shall be issued pursuant to the schedule until the applicant records the approval decision with the Phased Development Schedule at the Registry of Deeds. 6. Exemptions. The following developments are specifically exempt from the provisions of this bylaw. a) 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. b) Definitive subdivision approvals, special permits, Form A lots and site plan approvals, and development schedules made and approved prior to the date of adoption of this by- law shall be exempt from the provisions of this by-law. The Planning Board shall have exclusive authority to render all decisions on exemption requests. c) Dwelling units for low and/or moderate income families or individuals,where all of the following conditions are met: 30 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB i. 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. ii. The affordable units are subject to a properly executed and recorded deed restriction running with the land that 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. d) 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. e) Development projects which voluntarily agree to a minimum 40%permanent reduction in density, (buildable lots), below the density, (building 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, and dedication to the Town, or other similar mechanism approved by the Planning Board that will ensure its protection. I) 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. 7. 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. 8. 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. 9. Expiration The provisions of this Section 4.2 shall expire on July 1,2009;however,by a vote of Town Meeting, before said date, the provisions of this Section 4.2 may be extended from an additional four (4) years in order to continue municipal comprehensive planning studies necessary to promote orderly growth. In the event said action is taken by Town Meeting prior to July 1, 2009,these provisions shall be construed to have lapsed on such date, or to take any other action relative thereto. 31 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB Article 39. Amend Zoning Bylaw—Delete Section 8.7 Growth Management. To see if the Town will vote to amend the Zoning Bylaw by deleting Section 8.7,Growth Management Bylaw-,or to take any other action relative thereto. Planning Board Article 40. Amend Zoning Bylaw Sections 4.122 Residence 4 District (Permitted Uses), Paragraph 14. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw by deleting the existing section 4.122.14 and replacing it with the following: Delete or move to end �rrr�rsG��. r 4r.„ m ,.a r�ra..,ah ,a�i Zitr>rrit��l;- law—" efire a—alasa z.s�-.. f� faY➢�.E'n&e-ar��—a- r� xaa—r.resew �r.� o4a ily dwelling sq or conversion of single-family dwellings to two4amily dwellings in the RESIDENTIAL 4 DISTRICT,to obtain a special permit from the ZArning-Board of 14. a. One Family Dwelling. b. Two family dwellings, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.1 of this Bylaw. c. The conversion of an existing one-family to a two-family dwelling, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.1 of this Bylaw,provided that conversion from a one-family to a two-family dwelling meets the following additional requirements: 1. If a conversion involves increasing the size of an existing structure,the expansion area shall not exceed 50% of the original building's gross floor area up to a maximum of 1500 s.£. The size of the second dwelling unit can never exceed 1500 s.f. 2. There must be two parking spaces for each dwelling unit. 3. No parking/driveway shall be permitted within 10 feet of any lot line. 4. No garage or carport shall face the street unless it is located at least 10 feet behind the front fagade of the principal structure and in accordance with the dimensional setbacks outlined in Table 2 of this Bylaw. 5. The converted structure shall meet all of the dimensional requirements of the R-4 District identified in Table 2 of this Bylaw. 6. Stairways leading to the second or any higher floor shall be enclosed. 32 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB 7. The principal building in a conversion to a two-family dwelling shall share a connected common wall(or floor)for at least 75%of the wall's (or floor's) surface. No unheated structure, no structure without foundation, and no structure that is entirely or partially a garage shall be considered as meeting the 75%requirement. 8. 1. The conversion of a one-family dwelling to a two-family dwelling must not result in any portion of the post-conversion roofline height exceeding the pre-conversion roofline height by more than five(5)feet. 2. The conversion of a one-family dwelling to a two-family dwelling must not increase or decrease the degree of pitch or any portion of the pre-conversion roof by more than five (5) degrees. iii.) The conversion of a one-family dwelling to a two family- dwelling must not increase or decrease the degree of pitch of any additional, post conversion roof area by more than five (5) degrees. 9. Main entrances to the dwelling units shall be permitted only in the front of the structure. d. The conversion of an existing dwelling to accommodate not more than five (5) residential units, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.1 of this Bylaw. The conversion of a single family dwelling to a two-family dwelling must comply with the provisions of Sections 10.3, 4.122.14.c.,and 4.122.14.1. 14.1 Special Permit Granting Criteria for Two-Family Dwelling and One-Family to Two- Family or Multi-Family Conversions. a. The Zoning Board of Appeals may approve a special permit for a proposed use of a building, dwelling or structure provided by Section 4.122.14.b., 14.c or 14.d upon finding that the application complies with the purposes of this Bylaw,and is consistent with the use of the site for the purpose permitted within the Residential 4 District. In making its decision,the Zoning Board shall consider the following criteria in addition to those listed in Section 10.31: 1. Consistency with the North Andover Master Plan. 33 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB 2. The degree to which the proposed use furthers the Town's interest in providing a range of housing types,where applicable. 3. The degree to which the application addresses the following design standards: i) Achieve compatibility with the established pattern of uses in the district. The Residential 4 District consists primarily of single-family dwellings near the Stevens Memorial Library Area and off of Massachusetts Avenue, and more compact neighborhoods with a mix of residential uses toward Waverly Road. New construction or substantial alteration of buildings must compliment and reinforce the design features of these neighborhoods. ii) Achieve design compatibility with architectural features and exterior materials of surrounding structures. iii) Preserve existing structures of historic value. Buildings, dwellings or structures listed on the National Register of Historic Places or the State Register, and are more than 50 years old as of the date of application for a special permit,may be converted, constructed, reconstructed, restored or altered only in a manner that maintains or promotes their status as listed or eligible historic resources. For purposes of zoning compliance, additions or alterations that adhere to the U.S. Secretary of the Interior's Standards for the Treatment of Historic Properties will generally be presumed to maintain or promote such status. iv) Preserve established,mature vegetation. b. The right to apply for a special permit to convert an existing dwelling shall extend to any dwelling to be converted for use as a dwelling of not more than five (5) residential units, and meeting all requirements of the State and Town Statutes and Bylaws, including the Health Codes,Building Codes,Zoning Laws and Zoning Bylaws. Proof of ownership must be supplied with the application. Article 41. Amend Zoning Bylaw Section 9.3 Pre-Existing Non-contormin min I e� T"wo F"amity Residential Structures and Uses in the Residential 1, Residential 2, Residential CONFORMING USES)�3A-awl 9I i et. To see if the Town will vote to amend Section 9.3 of the North Andover Zoning Bylaw by changing the phrase "pre-existing non- conforming single anel two family resielential structures" to "pre-existing non-conforming single family resielential structures" in titles and text in five (5�places, thus eliminating pre- gmstm 3 non-conforming two family residential structures from the provisions of this section. Amended Sect on 9.3_to rend as followsse e--()f �`u=taosr�:3—tn2—trrrE.-E$` `t3eSsr°.✓z8—c"'8P1£�-- •.r4�4e�3tf'P1EirE,-E$�ie.utresr°.�-e'8�de'trrrE.-E$` E-3f3 Q -[ 3 b)TSYd the d i"I -f$v E drLLdrCr_L Oa�IL"'GTEOdr-T.J.CY SECTION 3 NON-CONFORMING EKES 34 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB �I l�lon-�'«nfot �€in ing build t c c#zacd her hhih tstwf Fist tirr E>' E>f tl 1 vim 4 t 1-717Y I r rid rat tl E> e-eE-}ntirr- . "'t-tE "`3i'Ervis- . �-1123"4-1=�isry°�ssrp'iary°-` 2E3rk �}-13E1-r1d2n-g or structure and any lawfully non-conforming use of building or land may be€ontinued in the same kind and manner and to the same extent as at the time it became lawfully non-conforming, but such building or use shall not at any time be changed,extended or enlarged except for a purpose-permitted in the zoning district in which such building or use is situated,or Except as may rn d-t c ial 1' E�tl�er y the rver l7 " E> eels l re°&X °ef'" r12in� tat c':s-c r-cr`sf=s-,sa rvv e ver,-arcs"'a`y' b c..iteiaC7 1 c r-salter d that rif Ire�tuda°seen E>� alters r� Fier ind } b 13 f . . "'12-trl2ar2� erl4iSia-�t.Si-z'rit�'.ri'atdir sis hs'ril r2Ht-13 . .'-tikr- E3it-ElE'- rlts`k "r2 wn'-urn'-hs.",-v�-,v�,aa aaasa�;.�, a ou n required by this bylaw,s Lich structure may be extended or altered based on a finding by the Zoning- Embreement Officer that such structure after the change meets all current toning requirements 9-.2---Mteration-or-Extefmon f4 us„-or-4,mctuFe­-hou;ing a use whirlydE�es r cY ifErrm-to the k ulatien Erl this ,ylaw data ' "�� nala7-�aptli�a n7v rcg ,. hon ini'�i�ally est€ablis .hs"^all nr'�he �;h€ > L Such change shall be approved by a Special Permit or otherwise by the Board of Appeahi Such change shall be permitted only upon the same lot occupied by the non-conforming u4eon the date that it became non-conforming: 77 t 1 -cirsssorassaas�-es`.sf=`ssasiaa-ssi>c c".Lti-i:c is-c"'an �" 17-�b �rir�itte hicl�-ter . t,E7r- 7 r1- '-�li�f7e-E>f-tl�e -ciisaairrssnasg-th) Ihan-s"i'-period--rest"sit-daa,ble-Ear-tY$e-s"tr �,a t-tt27:'-i$2i-. irr nt- 9.3 Pre-Existing Non-conforming Single Family Residential Structures and Uses in the Residential 1, Residential 2, Residential 3, Residential 4 and Residential 6 Districts: a. Pre-existing Non-conforming Single Family Structures: Pre-existing non- conforming single family residential structures in the RI, R2,R3, R4 and R6 Districts, may be changed, extended or altered, provided that there is a finding by the Zoning Enforcement Officer (Building Commissioner) that such change, extension, or alteration shall not render the structure more non-conforming than the existing structure. Upon such determination, a building permit may be issued where applicable. The following circumstances shall be deemed not to increase the nonconforming nature of said structure: 1.Alteration of a structure which complies with all current yard setbacks, building coverage, and building height requirements but is located on a lot with 35 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB insufficient area, where the structure after alteration will comply with all of current Bylaw requirements except for lot area. 2.Alteration to a structure which complies will all current yard setbacks, building coverage, and building height requirements but is located on a lot with insufficient frontage, where the structure after alteration will comply with all of current Bylaw requirements except for frontage. 3.Alteration to a structure which encroaches upon one or more required yard setbacks,where the structure after alteration will comply with all current bylaw requirements except for yard setbacks (the provisions of this clause shall apply regardless of whether the lot complies with current area and frontage requirements). 4.Alteration of a structure which encroaches upon one or more required yard setbacks,where the altered part of the structure will comply with all current yard setbacks,or the alteration is to the side or face of the structure which encroaches upon a required yard setback, and the alteration does not further encroach upon the required yard setback. In either case,the altered structure must comply with current building coverage and building height requirements (the provisions of this clause shall apply regardless of whether the lot complies with current area and frontage requirements). 5.Alteration to a nonconforming structure which will not increase the footprint of the existing structure provided that existing height restrictions shall not be exceeded. In the event that the Zoning Enforcement Officer (Building Commissioner) determines that the nonconforming nature of such structure would be increased by the proposed extension, alteration, or change, the Zoning Board of Appeals may, by special permit, allow such extension, alteration, or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. b. Pre-existing Nonconforming Single Family Structures: No portion of this Section 9.3, Pre-Existing Non-Conforming Single Family Structures and Uses in the Residential 1, Residential 2, Residential 3, Residential 4 and Residential 6 Zoning Districts shall be construed to allow for any uses other than those expressly allowed as defined in each above listed zoning district of the Zoning Bylaw. �n4Bu" fte r G.> Wadinguetu stroll err rastge 1i H >1 the time of such damage shall not be rebuilt, repaired, reefynstrueted nor altered except for-a purpose permitted in that zoning distriet in which such building is located,or except as may be permitted by a Special Permit or otherwise by the Board of Appeals acting Linder Massa€,husietts General Laws Chapter 40A � 5 Alram nt 36 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB 1a=s°a Ertl - lding �ldirrg �.cl— ;—�°8t—s°an�tirr dI�s46f3tHrac.ii-ic�s7r_-`�7 iii cv°o=y'e- f.3-c r-lr2 <UEr n-�{-iIrk11-n�}-wYttt-tY2f'-Nvmr�rriilc}b`&''��f3ni3k�}-I}.r�likl%t3-i-12-tTTC-tti`4tI=1E��H3-k%VTTYGY2-i�i rsiiiuz"'aii=`cl�i�412ck11 tl ctta �s- or to take any other action relative thereto Planning Board Article 42. Amend Zoning Bylaw Add New Section 4.3 Section Residential Adaptive Re- Use Special Permit. To see if the Town will vote to adopt a new Section, Section 4.3 Residential Adaptive Re-Use Special Permit within the Town of North Andover Zoning Bylaw, as listed below: Section 4.3,Residential Adaptive Re-Use Special Permit 1. Intent The Residential Adaptive Re-Use Special Permit is hereby established as a Special Permit in the RI, R2,R3 and R4 residential districts on lots that are directly contiguous to lots in non-residentially zoned districts established by this Bylaw. 2. Purpose The purpose of this special permit is to encourage the creative re-use and conversion of existing residential structures adjacent to commercial and industrial parcels to a commercial use or mixed use in order to preserve historical structures, provide for additional tax revenue for the Town, provide flexibility to landowners, and to create a transition between residential and business areas. 3. Applicability/Eligibility A lot is eligible to receive a Residential Adaptive Re-Use Special Permit based on the provisions of Section 4.3(6)of this Bylaw,only if at the time of application(and based on the Zoning Map in effect at that time)the subject lot is: A)within the R1,R2,R3 and R4 districts,AND B)is directly contiguous (i.e. directly touching and not separated by a roadway or another parcel)to a parcel in a non-residential district(B1-B4,VC,GB,I1-3 and IS). 4. Permitted uses by Special Permit include: A) Existing residential uses, B) Multi-family dwelling, C) Uses which involve historic materials or relate to the attraction provided by an historic atmosphere, such as museums, local arts and crafts shops, antique shops, woodworking,furniture repair,or restaurants, D) Enterprises whose principal use is the sale of agricultural products, such as greenhouses,orchards,nurseries,food co-ops,or farm products stores. 37 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB E) Enterprises whose principal use is the sale of products produced in North Andover, such as local agricultural products or crafts, F) Personal service office, G) Professional offices; H) Business offices, 1) Medical offices, J) Community resources such as banks,churches,schools,or libraries; K) Interior storage uses such as for boats or furniture,and L) Any appropriate combination as determined by the ZBA of the uses stated above. 5. Performance Standards,Restrictions&Additional Requirements A) Permitted uses shall be limited to the existing structures on the lot. However, in addition to ZBA special permit approval for the proposed use, an applicant may apply to the ZBA for a special permit to expand the size of the existing structures by up to 25% of the footprint of the structure as it existed on the date of enactment of the Residential Adaptive Re-Use Special Permit. B) The use permitted by this Special Permit shall not be considered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, disturbance, or in any other way objectionable to or detrimental to any residential use within the neighborhood C) There will be no display of goods or wares visible from the street,with the exception of locally produced agricultural goods. D) There shall be no exterior alterations that are not customary or harmonious with the residential character of the building. E) Any additions to the structure above must comply with the setbacks and dimensional requirements of the corresponding residential district and non-conforming uses must comply with the requirements outline in Section 9 of this Bylaw. F) No more than 25%of the existing structure may be demolished. G) A minimum of 30% of the remaining lot area must remain permeable material such as,but not limited to,vegetation,mulch, and trees,unless specifically waived by the Planning Board during site plan review. H) Any new parking must meet the current parking requirements as designated in Section 8.1, Off Street Parking, shall be located to the rear or side of the building, and shall be screened from the road and abutting properties to be compatible with the character of the neighborhood. Screening shall consist of one or more of the following: fencing,vegetation,flora,deciduous shrubs and/or trees. 1) The ZBA and Planning Board may grant special permits for prospective uses and site plans in order that owners may renovate for approval for specific businesses or tenants. Evidence shall be provided that the project is in accordance with the current North Andover Master Plan and if applicable, with the guidelines set forth in The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised 1983) (36CFR67) in terms of the rehabilitation of the building and its site. 6. Application and Approval Procedure 38 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB A) In order to obtain a Residential Adaptive Re-Use Special Permit, an applicant must receive a special permit from the North Andover ZBA approving the intended use and any proposed expansion in accordance with Section 4.3(5A)of this By-Law. B) After such approval has been obtained from the ZBA, the applicant must obtain a Site Plan Special Permit from the Planning Board as referenced in Section 8.3 of the Town of North Andover Zoning Bylaw. Or to take any other action relative thereto. Petition of the Planning Board Article 43. Amend Zoning Bylaw Section 4.137 Delete and Replace with FEMA Language. To see if the Town will vote to amend Section 4.137 of the Zoning Bylaw of the Town of North Andover to incorporate revisions suggested by FEMA, incorporating their model 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 addition of a new Section 7,Definitions. Section 4.137 should be deleted in its entirety and replaced with the following language: The record on the current verbiage of Section 4.137 is muddled,and replete with obvious o raphical errors,both in the ZBL,and the Attorney�ieneral's approval of the original aeloption. I'e1 suggest NOT including the current text within this article,but leaving it clear(as the article does)that whatever it was,it's being re laced. S`e-U=aoir-4:1✓-7-"dlow feffds- 4 7—r4oFx '" n-F3ifttrteI 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 2-1()2, "Flood Resistant Construction" and any other applicable-local, state or federal requirements-.- 'I he Flood Plain District includes all special flood hazard areas designated as Zone A,AL,All, Flo€- .?ZSYdI FS'ENkt y—ikl-tFk-- e .--Hf'—�r°�3—iiir�itC—F�tttn—� F� � �l'cgi-H-21-ng '" l I'U khnl}—nit r" as well as the �iE}itrC-t-�E}nse-"rdar"roir—cc`-H-Ynlnn�4�t}ir�£'8idi -I- I E3:i. r�d�sc. stec�rr�n rg-No�dt h�rdrilavcr I'loE rnsti�-�d=;a°St ,,tpE 1-1 17 Purpose. The purposes of the-FloodPtainDistrict are: st. Ens re safety-through reducing the threats to life and personal injury. b7 Eliminate new hazards to emergency response officials. c. Prevent the occurrence of public emergencies resulting- from water quality, tarn " , ,gin-due-to-floE}dinf}- 39 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB €. -Reduce damage to public and private property Fes Lilting-from flooding watcrs. 2. Base FIE>o I levation and Floodway Data st. F1c>odway Data. In Zone A, Alf, AO,A99,and AE;along-watercourses that have not had a-reg=ulatory flc>odway designated,the Best available Federal, State, T-Y- airi-sl-a-oi-E}tl2e: 3EiiY " caz-sa-s'a:s-csc. 'aces-cr`y'-crx�a�a$- P$g-4 > .�Eisrscraresrr 2t 3a's' � t-i$` 1-au v onc�.s��.saai'rrr-ric�-crsc`�ca tE iii"r+c-c"satiros"'ac-1 rc3-asra7a%.)i-rE-FFa ;- hici=v°ocaii rc':s-crlt-i-$ 2 resr-e-fri rEi- ls-w a1- 21tta Ekaaa2g- tt & ' f-tl2i=ciscs2-aFioc`rE� t EiaS' ti. 1.7e4se-4ttcio£i °_r sc" %s+cscna 4ristal=3ir.�r scioi7s—i,-'7`�v%n"scria—�`iistf's—s,.r—s r�c�—fErr subdivision proposals or other developments greater than 50-lots or 5 acres, whichever is the-lesser,within unnumbered A tones. Ef�z-rc scs-cs�s2ggP-" . E3E3E "2- 2i: onar- }b`E'I=1� 3E 4 . -rairuc.�:.accc. �I" ov--�`-7sc=trrarraare.El-tE3-x t,3.€::-tia�aF4HE3E1-131a 2Sti` EHIEkP2g Iftspe,t E3r--2-$3-tr s"Iee- tEr €}g " araEEl i f tl ea- e ,st fed lE ,.,. g aa —cn—lc` ai ,. z v�p' ws t tl�aFavoi7 tr` Nor improvements,excavation tilling,paving-or other work activity: The Berson requesting the determination shall provide any other information deemed necessary by the Building Inspector of the Division of public Works to awake tl" terr err�a il'x2-i��a2 �}-IP24'�7�.u=for=n2-' . ta'staiSsr v°atla- a�afsaE}n Wx r 7 i<'t mat ails I lHE3fl� "te- s-are arrerr Er au av-or-ac�.s�ic..�rarraarc.�z a",rr ,.+ b.<, a:a tic 11E3E3El 1'la2n 43 of the, sltl3t._'__ ----- a`p' :suuaa'r-file 2-ns"$tiosr=.shs's7r-file P- lE�E3E . aT---- I� .�`s- 2mg�-St-",taoff Health, or other Fawn officials or Board from making- non-zoning determinations o4 th,&floodplam or performing-the r official duties. 3, 1?4otittesition of W ttere<rurse AItersttaon.' If a landowner of pro}eet proponent proposes to alter or relocate any watercourse,that person shall notify the following-parties-anti �33r,.rva file e`v"rescr"atic.-o t :suuri-xista-fac�ata even= $3-4�rE}aa{-{-E3:C=Er`. "1-w 2ii4 jtFr . Ervea=�r az"'aaz�.rslrai)sr-oi--atiai)u-c"'ata err-sc or-s`n-eaac. aarri� v �a-a-2�}-fEr�s`$$2-y Ervei-Ytt1$'a'�"rrre E' "'fie�` & . `l2-ei-lt�'.z'atai)sr-iii--rE'1 E7n: a " 'eat-t✓€>ananua > lr. NFIP State- oordmator Massachusetts Office of dater Resources 100 Cambridge Street Boston,MA 0220 RFI FI?I'-rog list 1. si)ir-sue Barr:v€Ti 40 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB n sesisr-avrz fttiuetm". Ary"rta atl3-t � :FIEV�i�� a. gcutic»a Ejt tlac-IIFchula�tsEttttc I3uiEtng-E c>Elc which addresses fEjESEtcln and costal high hazard-areas (currently 780 CMIZ 2102:0, °=Fl)od Resistant Construction°) b7 Wetlands Protection RCgUlatn)ns, Department 'of Environmental protection (7f--)H3 fl-y4a n rc r c rt�l� I}-}; v - c frll trrEEl Teti , _ 141(c rrera t rAA} El. nnurn-Requir ts-c �e—' to age-I3F I' \"tkrren sc�-crvrs:� e. rrry�arnrn�c:,-frE>na-t-t��rrF ,. ,aa,., ssn�x r r�.aavnts �,�a"n. s�c,ae r��r re#H" procedures of these state regulations. 5. I)evck)pment Regulations: Notwithstanding the provisions of Section 313 Ejf this By- , wsaaaas _vsre. os"'x`sc.-aat3ire`-3E1-�'a ersr-a:s-sriic '�1�."1 t7 t7 t b."77 b.t"' �3reSvas e.u-iSsr-un:r'rac va, a.a2e-s"t rFf$$Pse�saas'rrr-orn-erir �. �. 3E E3r1- aari s s ss c:r�`vacv°C-i'-rcr`p'-rrx�i�-a-rl �}-1- E3r�i-1- Ekr2et1E§r2- - rbY-"rff [a-b�7' %%T 7 ' 't a-ea r"ru av`esi-acs-a.`esi—a 3=se`.'.scs`essi'rcr -t$ ha ix-asre`.'.i� as�}-eaaav—i=a e�vsxrr 3Ek- PFo apply: st. All encroachments,including fill,new eE>nstruetion,sett 4amial improvements to existing-structures, and other development are prohibited unless certification by a-r rE>` ..'K� r$grr . I3 Fov tEle 2L-'-` Efii$$ lair r�s'c'aa"'xi"rirg tl" . "`Il-E`"_r_a_:r�_eI r2t�-f3 2iit rc:suii-n f3tn`____�r E#.ia-I`c'vi=l�s-ElEkrii-2g w "'tcrrE>t=tyre,—t�rvbs ' e �dorlcs, eo��ertrs—weal .' eeftrfreimofi- b7 Any encroachment meeting the€bove standard shall comply-with the tIoodpl€tin requirements of th,&State Building Code. All preliminary and def=initive subdivision plans filed in accordance with G.L.Chapter 41,Section 911 and 8IT,respectively shall be designed so that: Irr k �E rnage �alrE=tk eft—aarii ts'sEfr 4—itre-IE3GzktE'EI-s`$rszauirrs uc-teEi—acs ssnasar23- __ el.�rrinate flc:f� "r�tg , tnxeclu�ete-clrain�tge-is-IzrovtElecl-tE7-r�l+ - - Ensure-to-floE�EI-I�rgtrcls- €i. Permitted U es The following uses on low flood damage}potential and causing no obstructions to flood flows are Encouraged provided they are permitted in the underlying district and they do not require structures,fill,or storage of m aerials cr equipment: ir' c ' as-fffnmrl- rl' , e- --- Formatted:Bullets and Numbering tai=i-utElEX-3r-rear ,.ras"'ct-cr�.s�:�"s ai.«IuiirFr�}-fr"r ���3E-}ittrr2�� "rE%a4�t 41 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB E$ �EidY3"c`i'a-VSSYY 1'—w YSYY$CR�GPP" � WilElli� Tager t-arrea4;foEr�sic�llEa-�traElklaE>rs ,.. �I'�arapErrr��aE,�-rte tia ,. tu ,. ,. El-in-e; itl ,. rEV�irrl� }4 uiklin}s lawfully existing prior to the ack)3tion of these provisions. --- Formatted:Bullets and Numbering g g Y �� I;-p 1 1 Amended Section 4.137 to read: 4.137 Floodplain District 1. STATEMENT OF PURPOSE The purpose of the floodplain District is to: a. Ensure public safety through reducing the threats to life and personal injury. b. Eliminate new hazards to emergency response officials, c. Prevent the occurrence of public emergencies resulting from water quality, contamination,and pollution due to flooding. d. Avoid the loss of utility services which if damaged by flooding would disrupt or shut 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. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD EVALUATION AND FLOODWAY DATA The Floodplain District is herein established as an overlay district. The underlying permitted uses are allowed provided that they meet the Massachusetts State Building Code, Section 3107, "Flood Resistant Construction" and any other applicable local, state or federal requirements. The District includes all special flood hazard areas designated on the North Andover Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the NEIP dated June 2, 1993 as Zone A,AE,AH,AO, A99, and the FEMA Flood Boundary& Floodway Map dated June 2, 1993, both maps which indicate the 100 year regulatory floodplain. The exact boundaries of the District may be defined by the 100-year base flood evaluations shown on the FIRM and further defined by the Flood Insurance study booklet dated June 2, 1993. The FIRM, Floodway Maps and Flood Insurance Study booklet are incorporated herein by reference and are on file with the Town Clerk, Planning Board,Building Official,and Conservation Commission. 3. BASE FLOOD ELEVATION AND FLOODWAY DATA a. Floodway Data. In Zone A, AH, A99 and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local or other floodway data as determined by the Building Inspector, in consultation with the Director of the Division of Public Works, shall be used to prohibit encroachments in 42 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. b. Base Flood Elevation Date. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or 5 acres,whichever is the lesser, within unnumbered A zones. c. Areas designated as flood plain on the North Andover Flood Insurance Rate Maps may be determined to be outside the flood plain district by the Building Inspector, in consultation with the Director of the Division of Public Works, if an accurate topographic and property line survey of the area conducted by a registered professional engineer or land surveyor shows that the flood plain contour elevation does not occur in any area of proposed buildings, structures,improvements,excavation,filling,paving,or other work activity. The person requesting the determination shall provide any other information deemed necessary by the Building Inspector, in consultation with the Director of Division of Public Works to make that determination. If the Building Inspector,in consultation with the Director of the Division of Public Works,determines that the Flood Insurance Rate Maps are in error, the subject area shall not be regulated as occurring within the Flood Plain District, and any such determination shall be noted on the Flood Insurance Rate Maps. Nothing in this section shall prohibit the Conservation Commission, Board of Health, or other Town officials or Board from making non-zoning determinations of the flood plain or performing their official duties. 4. NOTIFICATION OF WATERCOURSE ALTERATION If a landowner or project proponent proposes to alter or relocate any watercourse,that person shall notify the following parties and provide evidence of such notification to every town board or official who has jurisdiction over such alteration or relocation prior to or at the time of applying for any approval that is required to perform such alteration of relocation: a. Notify in a riverine situation,the following of any alteration or relocation of a watercourse: 1. Adjacent Communities 2. Bordering States 3. NFIP State Coordinator Massachusetts Office of Water Resources 251 Causeway Street Suite 600-700 Boston,MA 02114-2104 4. NFIP Program Specialist FEMA Region I,Rm. 462 J.W.McCormick Post Office&Courthouse Boston,MA 02109 5. REFERENCE TO EXISTING REGULATIONS The Floodplain District is established as an overlay district to all other districts. All development in the district,including structural and non-structural activities,whether 43 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following: a. Section of the Massachusetts State Building Code which addresses Floodplain and coastal high hazard areas(currently 780 CMR 3107.0"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. Coastal Wetlands Restriction,DEP(currently 302 CMR 4.00), e. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage,DEP (currently 310 CMR 15,Title 5), f Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations. 6. OTHER USE/DEVELOPMENT REGULATIONS a. Within zones AH and AO on the FIRM,adequate drainage paths are required around structures on slopes,to guide floodwaters around and away from proposed structures. b. Within Zones Al-30 and AE,along watercourses that have a regulatory floodway designated on the North Andover FIRM of Flood Boundary& Floodway Map dated June 2, 1993,encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. However, a registered professional engineer may provide proof and certification to the Building Commissioner,in conjunction with the Director of the Division of Public Works,demonstrating that such encroachments shall not increase flood levels during the occurrence of the 100 year flood,and if both the Building Commissioner,in conjunction with the Director of the Division Public Works approve this certification,such encroachments shall not be deemed to be prohibited. c. All subdivision proposals filed in accordance with M.G.L.Chapter 41, Section 81 S and 81 T [or any revisions to the subdivision control law referencing the submission of preliminary or definitive subdivision plans],respectively shall be designed so that: 1. such proposals minimize flood damage; 2. all public utilities and facilities are located and constructed to minimize or eliminate flood damage;and 3. adequate drainage is provided to reduce exposure to flood hazards. 4. Existing contour intervals of site and elevations of existing structures must be included on plan proposal, 5. The applicant shall circulate or transmit one copy of the development plan to the Conservation Commission,Planning Board,Board of Health,Town 44 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB Engineer,and Building Commissioner for comments which will be considered by the appropriate permitting board prior to issuing applicable permits. 7. PERMITTED USES The following uses of low flood damage potential and causing no obstruction 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. 8. DEFINITIONS. The following definitions are taken from the NFIP regulations and the Massachusetts State Building Code, Section 3107. AREA OF SPECIAL FLOOD HAZZARD 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,AIL Al-30,AE,A99 V1-30,VE,or V. BASE FLOOD means the flood having 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,and 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. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including at a minimum,the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) and is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets,and either final site grading or the pouring of concrete pads). 45 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) means the agency that 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 (FIS)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. NEW MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including, at a minimum,the installation of utilities,the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by a community. ONE-HUNDRED-YEAR FLOOD-see BASE FLOOD. 46 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB 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, AIL V, V1-30,VE. START OF CONSTRUCTION includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavations, of the placement of a manufactured home on a foundation. For a substantial improvement,the actual start of construction means the first alteration of any wall, ceiling, or floor or other structural part of the building,whether or not that alteration affects the external dimensions of the building. 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 DAMAGE means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT means reconstruction, rehabilitation, addition or other improvement of a structure,the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage", regardless of the actual repair work performed. 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 (for new and revised maps) 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 (for new and revised maps) means a special flood hazard area along a coast subject to inundation by the 100-year flood with additional hazards due to 47 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB velocity (wave action). Base flood elevations have been determined; or take any other action relative thereto. Petition of the Planning Board Question; Should Section 15,5,2 have the same title as 15,5,3 77 Article 44. Amend Zoning Mau Parcels fronting Waverley Road and Route 114 — Assessors Mau 27 Parcels 16,17,18,19,20,21,23,24,25,and 26. To see if the Town will vote to amend the Zoning Map of the Town of North Andover for the following parcels fronting along Waverley Road and Route 114 (also known as Salem Turnpike)and totaling approximately 5.3 acres. Said parcels consisting of ten residential parcels; five fronting on Route 114,with street addresses of 21,29,35,41,and 47;and five fronting on Waverly Road with street addresses of 768,782,792, 802 and 814, all parcels as shown on the North Andover Assessors Map 27; as parcels 16, 17, 18, 19,20, 21, 23, 24, 25, 26. The amendment of the Zoning Map for the aforementioned parcels shall be from the current zoning designation of Residential 4 to be replaced by the zoning district General Business GB. Said parcels as shown below; or to take any other action relative thereto. SEE PLAT NO. 23 23 p .. 2 G . +' 25 f� Article 44 Rezone R4 to GBH Assessor's Map 27 Parcels 16,17,18,19,20,21,23,24,25,26 Petition of Hector L.Rivera and others 48 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB Article 45. Amend the North Andover Zoning Bylaw by Adding a New Section - Section 15 Planned Commercial Development District. To see if the Town will vote to amend the North Andover Zoning Bylaw by adding a new section, Section 15 Planned Commercial Development District,as follows: SECTION 15—Planned Commercial Development District 15.1 OBJECTIVES The Planned Commercial Development District is intended: a. to allow considerable flexibility under a special permit in the development of tracts of land by requiring few predetermined standards, b. to promote more efficient use of land while protecting natural resources, such as water resources wet lands,floodplains and wildlife, c. to permit a developer to propose, and for the Planning Board to review a site development use and plan unique to a particular location, d. to provide under the special permit process a vehicle for the Planning Board to evaluate the potential impacts of a proposed development and to enable the Planning Board to require adherence to the proposed plans for site development;and e. to permit a development which is compatible with the character of the Town and which benefits economic development of the Town. 15.2 DEFINITIONS 15.2.1. Fast-food,take-out and drive-through;Any establishment primarily for dispensing or serving of prepared food or beverages intended for large volume or fast service with consumption on or off the premises which,because of the nature of the operation,causes a large volume or frequent turnover of vehicular traffic. 15.2.2 Hotel: A building intended and designed primarily for transient or overnight occupancy divided into separate units within the same building or buildings. 15.2.3 Hotel Suite: A group of rooms occupied as a unit. 15.2.4 Other terms used in this Section shall be defined as found in Section 2 of the Zoning Bylaw. 15.3 PERMITTED USES a. The following uses are permitted: i. Banks and financial services,excluding drive through service, ii. Business and professional offices, iii. All uses allowed in the R-4 Zoning District as set forth in Section 4.122 of the Zoning Bylaw, 49 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB b. The following uses are allowed only by special permit: 1.PRINCIPAL USES i. Hotel or hotel suite(limited to one in each 2,000 linear feet of street or highway as measured along the centerline); ii. Restaurants serving food and beverages to be consumed within the building excluding"fast food,take out and drive through"establishments; iii. Retail uses,provided there is no outdoor storage or sale of materials or products, iv. Multi-family residential structures,not exceeding eighteen(18)dwelling units per structure, 2.ACCESSORY USES ii. Cafeteria within an office building for use principally by the employees of that concern, iii. Private parking garages accessory to allowed principal uses, iv. Indoor recreational facilities such as tennis and racquetball courts as an accessory to a hotel, C. No other uses shall be allowed. 15.4 AREA REGULATIONS a. Residential Dimensional requirements for the R-4 zone shall be as set forth in Summary of Dimensional Requirements (Table II) b. Commercial: i. Minimum Lot Size: 175,000 s.f. ii. Height Maximum: 35 feet(under the special permit review,a hotel may be stepped up in height to a maximum of(60 feet) Note: For this section of the Zoning Bylaw building height is defined as the vertical distance from the existing grade at the center line of the street to the top of the highest roof beams of a flat roof,or to the mean level of the highest gable or slope of a hip roof. When a building faces on more than one(1) street,the height shall be measures from the average of the grades at the center of each street front. iii. Street frontage: 300 feet iv. Front setback: 100 feet with the first 50 feet as a vegetative V. Side setback: 50 feet(except when adjacent to a residential use where it is 100 feet with a 50 foot visual buffer) vi. Rear setback: 50 feet(except when adjacent to a residential use where it is 100 feet with a 50 foot visual buffer) vii. Floor Area Ratio:75:1 50 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB viii. Lot coverage: maximum of 25% ix. Contiguous Buildable Area:75%of minimum lot size. Note: Under the special permit process,the above Area Regulations may be waived by the Planning Board if the waivers are consistent with the criteria found in paragraph 15.1 of this Section of the Zoning Bylaw. In addition,the parking requirements set forth in Section 8.1 of the Zoning Bylaw may also be waived by the Planning Board based on a recommendation from the Building Inspector.However,if waivers are requested,the applicant must provide an analysis itemizing benefits gained by the Town through the granting of waivers. 15.5 SPECIAL PERMIT GRANTING AUTHORITY The Planning Board shall be the Special Permit Granting Authority for this section. 15.5.1 Procedures for Obtaining a Special Permit A.Pre-Application Conference Prior to the submission of an application for a Special Permit,the applicant must confer with the Planning Board to obtain information and guidance regarding the development of the parcel. This pre-application conference allows the applicant to meet with the Planning Board before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys,and other data. B.Preliminary Site Development Plan 1.Purposes: The purposes of a preliminary site development plan is: i. for the developer to demonstrate an understanding of the characteristics of the tract and adjoining land and to present a proposal consistent with those characteristics, ii. for the Planning Board to make a general determination of the feasibility of the development,and, iii. for the Planning Board and other applicable town departments to make an evaluation of the off-site impacts of the development and the ability of public services to accommodate it, 2.Procedures: i. The applicant shall file eight(8)copies of the Preliminary Site Development Plan, supporting materials,and three(3)copies of the form titled"Submission of Preliminary Plan,Planned Commercial Development'to the Planning Board. The Town Planner shall certify that the plans and materials submitted have been time stamped by the Town Clerks Office and meet the submittal requirements. ii. The Planning Board, within sixty —five (65) days from receipt of the plan by the Town Clerk, shall review and determine whether the proposed project is generally consistent with criteria of the paragraph 15.1 of this Section. The Planning Board 51 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB will review the plans during a public meeting and will receive comments from the public,other Town Departments,and applicant. iii. The Planning Board may suggest modifications and changes to the preliminary site development plan that should be made prior to filing for the special permit. Once the sixty-five (65) day review period has passed or the preliminary review has been completed,the applicant may file for the Special Permit. 3. Submission Requirements A preliminary site development plan shall at a minimum include: i. A site analysis map(or series of maps)showing: (1) existing contours at two-foot intervals (2) steep slopes(15%or more) (3) significant soil types (4) significant rock outcroppings (5) water systems (including standing water, brooks or streams, the direction of drainage,wetland resource areas,and the 100 year flood elevation) (6) significant vegetation (including mature trees, unique specimens of vegetation and vegetation that indicates wetness), (7) historically or architecturally significant structures and sites on or adjacent to the site. ii. A locus-context map of all land within 500 feet of any part of the tract showing: (1) all dwellings and principal buildings (2) the land use of each lot (3) lot and right-of-way lines (4) existing contours at two-foot intervals (5) principal natural features (6) zoning district boundaries (7) recorded easements affecting the tract,and (8) public facilities such as conservation land,footpaths,bicycle or paths iii. A preliminary site construction plan showing in a general manner: (1) the location of buildings (2) existing and proposed contours (3) the location and dimensions of drives and parking areas (4) the location and characteristics of any common open space or usable open space (5) the proposed drainage system (6) proposed landscaping (7) the anticipated division of the property into parcels in private ownership (8) the yard setback in feet for buildings and parking lots from lot lines and where applicable,a zoning district boundary,a brook,or a pond (9) the boundaries of any common open space or usable open space (10)the maximum height of buildings (11)the distance,in feet,between buildings 52 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB iv. A table showing: (1) total land area (2) developable site area (3) common or usable open space (4) site coverage of buildings (5) area covered with impervious surface ratio (6) impervious surface ratio (7) gross floor area (8) floor area ratio (9) number or parking spaces (1 O)maximum building heights V. Uses to be permitted in the building(this may be narrative in form). vi. A visual representation, such as sketches or photographs, of the general scale massing of buildings vii. Special conditions, if any applicable to the proposed development which may include grants of benefits of the Town such as land for public purposes,construction of improvements (or financial contributions therefore) on behalf of the Town, or other development limitations such as creation or preservation of aesthetics features. viii. Such other and further information as the Planning Board may reasonably request from the applicant C. Submission of Definitive Site Development Plan and Application for a Special Permit: 1. Procedures: a. The applicant shall file eight(8) copies of the Definitive Site Development Plan, supporting materials, and the original time stamped application or a Special Permit, plus two copies to the Planning Office. The Town Planner shall certify that the plans and materials are time stamped and meet submittal requirements. b. The applicant will then follow the procedures for obtaining a special permit set forth in Section 10.3 of the Zoning Bylaw. 2. Submission Requirements: The Definitive Site Development plan shall include all of the materials and information contained in the Preliminary Site Development plans with the following modifications and additions: i. a site analysis map based on a field survey, ii. A utilities plan showing location, size, materials and connections to the Town's utilities, iii. Stormwater drainage calculations which support the design of the drainage system shown on the plan must be submitted for review and approval. Calculations must show a mitigation of run-off to zero for the 2, 10,and 100 year storm events. 53 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB iv. A property rights plan based on an instrument survey identifying parcels to be conveyed to the Town whether by deeds or easement, V. A site construction plan showing proposed changes in contours and identifying landscaping by materials, species of plants and sizes, and specific plans for any common open space, vi. A traffic analysis including proposed mitigating measures, if any, to maintain an acceptable traffic level of service, vii. Detailed plans and elevations of proposed buildings, viii. Preliminary drafts of any deed, easement, offer or agreement to carry out any special condition; ix. Such other and further information as the Planning Board may reasonably request from the applicant, 3. Minimum requirements: The Plan shall be subject to the following conditions. The SPGA shall make a determination that the project meets all of the following criteria: a. The project is consistent with the objectives set forth in Paragraph 15.1 and consistent in the opinion of the SPGA with the plans proposed and modified during the pre-application conference and with the approved preliminary site development plans. b. The proposed project shall not generate traffic flows that,in the opinion of the Planning Board, are excessive for the project location; further, ingress and egress for traffic flow and traffic circulation within the project are designed properly so that there will be no serious hazard to vehicles or pedestrians. C. Adequate parking facilities are provided for each use and structure in the development. d. Major facilities or functions are designed to be visually compatible with natural,historical and neighborhood characteristics of the site. e. The project does not adversely affect the natural environment to the detriment of community character. 15.5.2 RELATION TO SUBDIVISION CONTROL ACT Where the parcel to be developed is divided by a Municipal Boundary, the two communities may review and approve the project jointly. Differences will occur between cooperation municipalities "area and setback regulations" from community to community. The intent of this Bylaw is to allow the Planning Board to act at its discretion in coordinating this Planned Commercial Development with abutting zoning district in the neighboring municipality. In no instance can the compromise be more restrict than the standard set by either municipality. Any agreement reached between the communities must meet the minimum requirements of the less restrictive standard. 54 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB 15.5.3 RELATION TO SUBDIVISION CONTROL ACT Approval of a Special Permit hereunder shall not substitute for compliance with the Subdivision Control Act,nor obligate the Planning board to approve any related definitive plan for subdivision, nor reduce any time period for Board consideration under that law. However in order to facilitate processing, the Planning Board may insofar as practicable under existing law, adopt regulations establishing procedures for submissions of a combined plan and application which shall satisfy this section and the board's regulations under the Subdivision Control Act; or take any other action relative thereto. Petition of Alberto Angles and others Article 46. Amend Zoning Bylaw Section 3.1 Establishment of Districts (Zoning Districts and Boundaries) —adding Planned Commercial Development District and Amending Table 1 and Table 2 of the Zoning Bylaw. To see if the Town will vote to amend the North Andover Zoning Bylaw by amending Section 3.lEstablishment of Districts,by adding the term "Planned Commercial Development District"to the list of Districts, and amending Table 1 and Table 2 of the Bylaw to include the uses and dimensional requirements of the Planned Commercial Development District. See tables. Qgestion: Is it worth introducing a parenthesized abbreviation e. . (PCDD) to the new line of the list like other non-overlay districts ? 55 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB Res. Res. Res. Res. Village Res. Res. Bus. Bus. Bus. Bus. Village General Ind. Ind. Ind. I1 1 2 3 4 Res. 5 6 1 2 3 4 Comm. Bus. 1 2 3 Lot Area Min. S.F. 87,120 43,560 25,000 12,500 43,560 43,560 130,680 25,000 25,000 120,000 80,000 90,000 25,000 80,000 80,000 435,600 50 Height Max(11) 35 35 35 35 35 35 35 35 35 35 60 40 45 55 55 55 Street Frontage Min(11) 175 150 125 100 85 150 150 125 125 300 200 200 125 150 150 150 1 Front Set Back Min. (11) 30 30 30 30 25 30 25 30 25 100 50 50 25 50 50 100 Side Set Back Min. (11) 30 30 20 15 15 25 15 20 25 50 50 25 25 50 50 200 Rear Set back Min(11) 30 30 30 30 30 30 30 30 30 50 50 25 35 50 50 200 Floor Area Ratio Mix N/A N/A N/A N/A N/A 0.75:1 0.25:1 0.30:1 0.75:1 0.40:1 1.50:1 N/A N/A 0.50:1 0.50:1 0.50:1 0.. Lot Coverage Max. N/A N/A N/A N/A N/A 20% 20% 30% 35% 30% 25% 25% 35% 35% 35% 35% 3. Dwelling Unit Density Max/Acre N/A N/A N/A N/A 1/acre Multi-Family 9/acre N/A N/A N/A N/A N/A N/A N/A N/A N/A N 56 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB Townhouse Open Space 25% *Two stories not to exceed 4011. **Refer to Sections 8.1 (13)and 8.4(6) Please refer to footnotes for additional information 57 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 7,2004 -JAB Permitted Use Residential Business Industrial RI-3 R4 VR R5 R6 B1 B2 B3 B4 VC GB I1 I2 I3 I Agricultural Use* Y Y Y Y Y Y Y Y Y N Y Y Y Y Art Gallery N N N N SP Y Y Y Y Y Y Y Y Y T Auto Service Station* N N N N N N Y* Y* N N Y N Y* N Auto&Vehicle Repair/Body Shop N N N N N N N N N N Y N Y N I Banks and Financial Services N N N N SP* N N N N Y Y N N N I Bus Garage N N N N N N N N N N Y N Y N Business&Other Offices N N N N Y N* Y Y Y Y Y Y Y Y Car Wash N N N N N N N N N Y Y N Y N I Congregate Housing N SP N N N N N N N N N N N N I Continuing Care Retirement Center Y* N N N N N N N N N N N N N I Eating&Drinking Establishment N N N N* SP* N* Y Y N* Y Y N* N* N* Funeral Parlor N N N N SP N Y Y N Y Y N N N I Golf Course Y Y Y Y Y N N N N N N Y Y Y Guest House N Y Y Y Y N N N N N N N N N I Hotel and Hotel Suite N N N SP N N N N Y* N N N N N I Independent Elderly Housing Y N N N N N N N N N N N N N I Indoor Place of Amusement or Assembly N N N N N N Y Y N Y Y N N N I Indoor Ice Skating Facility N N N N N N N N N N N SP N SP I Lumber,Fuel Storage or Contractor's Yard N N N N N N N N N Y Y N Y N Manufacturing* N N N N N N N N N N N Y Y Y Medical Center* N N N N N N Y Y Y Y Y Y Y Y I Motel or Hotel N N N SP N N N N Y* N N N N N I Multi-Family Dwellings&Apts. N N Y** Y* Y Y SP N N N N N N N I Municipal Recreation Area Y Y Y N Y N N N N N N N N N I New Car Sales* N N N N N N N Y N N Y N N N I Non-Profit School Y Y Y Y Y Y Y Y Y Y Y Y Y Y Nursing&Convalescent Homes* SP SP SP SP SP N N N Y N N N N N I One-Family Dwelling Y Y Y Y Y Y N N N N N N N N I Personal Services N N N N* SP* Y Y Y N* Y Y N* N* N* I Places of Worship Y Y Y Y Y Y Y Y Y Y Y Y Y Y SP: Allowable with a Special Permit only. Note: This Chart is for summary information purposes only and is not a substitute for the detailed District Use Regulations in Section 4 of this Bylaw. ** See detailed District Use Regulations in Section 4 of this Bylaw. ** Only with the provision of publicly owned and maintained sewers or Town approved and accepted private sewers. (see Footnote 12 of Table 2)and with no more than 5 dwelling units per structure Or to take any other action relative thereto. Petition of Alberto Angles and others 58 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 5,2004 -JAB Article 47. Amend the North Andover Zoning Map—Parcels on Waverley Road and Turnpike Street. To see if the Town will vote to amend the Zoning Map of the Town of North Andover for the following parcels fronting along Waverley Road and Route 114 (also known as Salem Turnpike) and totaling approximately 5.3 acres. Said parcels consisting of ten residential parcels; five fronting on Route 114, with street addresses of 21, 29, 35, 41 and 47; and five fronting on Waverley Road with street addresses of 768, 782, 792, 802 and 814, all parcels as shown on the North Andover Assessors Map 27; as parcels 16, 17, 18, 19,20,21,23,24,25, 26. The amendment of the Zoning Map for the aforementioned parcels shall be from the current zoning designation of Residential 4 to be placed by the Zoning district Planned Commercial Development. Said parcels are shown below; or to take any other action relative thereto. Petition of Alberto Angles and others SEE PLAT NO., 0 ° ^ " r " ,... � M7w. ° 19 i w ^ s m W. i a r c ° tap �� t I`' p.,7uA g' �� '^�7�.Ya d Article 47 Rezone R4 to PCD 1 Assessor's 6,17,18,19,O,21,23,24,25,26 59 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 5,2004 -JAB Article 48. Amend Zoning Map — Office Building 1060 Osgood Street Intersection of Route 125 and 133 — Assessors Map 35 Parcel 29 from I2 (Industrial 2)to Business 2 (B2). To see if the Town will vote to amend the Zoning Map of the Town of North Andover to rezone the two-story office building located at 1060 Osgood Street at the intersection of Routes 125 and 133 North Andover Assessor's Map 35 Parcel 29 from I2 (Industrial 2) to B2 (Business 2); or to take any other action relative thereto. Petition of Martin S.Cohen and others i r wR 'µe r r p I! � 4 f �r w � Article 48 Rezone Assessor's Map 35 Parcel 29 1060 Osgood Street { 12 (Indust. 2)to 132(Bus.2) X 01 lo,F NO "a Article 49. Roadway Acquisitions: — Coachman's Lane, Concord Street, Easy Street,Highland View Avenue,Morninaside Lane and Russett Lane To see if the Town will authorize the Board of Selectmen to acquire by gift,purchase, or eminent domain the following ways: Coachman's Lane (Off Great Pond Road). A way known as Coachman's Lane as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Coachman's Lane, scale F=50',dated 9/1/03;prepared by Christiansen& Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North 60 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 5,2004 -JAB Andover DPW; and to award no damages for said eminent domain taking; or to take any other action relative thereto. The roadway is further described as follows: Beginning at a point at the southerly street line of Great Pond Road, thence running along a curve to the left with a radius of 19.25 feet,30.28 feet to a point of reverse curvature, thence running along a curve to the right with a radius of 263.39 feet, 119.45 feet to a point of tangency, thence running South 04°-02'- 00"East, 100.00 feet to a point of curvature,thence running along a curve to the right with a radius of 816.50 feet, 113.29 feet to a point of reverse curvature, thence running along a curve to the left with a radius of 334.60 feet, 101.57 feet to a point of reverse curvature,thence running along a curve to the right with a radius of 551.98 feet, 114.80 feet to a point of tangency, thence running South O1°-33'-30" East, 162.00 feet to a point of curvature, thence running along a curve to the right with a radius of 451.54, 305.39 feet to a point of reverse curvature,thence running along a curve to the left with a radius of 151.53 feet, 256.89 feet to a point of tangency, thence running South 59°-56'-30" East, 210.00 feet to a point of curvature,thence running along a curve to the left with a radius of 303.92 feet, 581.14 feet to a point of compound curvature, thence running along a curve to the left with a radius of 100.00 feet, 12.22 feet to a point of reverse curvature, thence running along a curve to the right with a radius of 60.00 feet, 282.57 feet to a point of reverse curvature, thence running along a curve to the left with a radius of 25.00 feet, 31.84 feet to a point of reverse curvature, thence running along a curve to the right with a radius of 353.92 feet, 615.89 feet to a point of tangency, thence running North 59°-56'- 30" West, 210.00 feet to a point of curvature, thence running along a curve to the right with a radius of 201.53 feet,341.65 feet to a point of reverse curvature, thence running along a curve to the left with a radius of 401.54 feet,271.57 feet to a point of tangency,thence running North O1°-33'-30" West, 162.00 feet to a point of curvature, thence running along a curve to the left with a radius of 501.98 feet, 104.40 feet to a point of reverse curvature, thence running along a curve to the right with a radius of 384.60 feet, 116.74 to a point of reverse curvature,thence running along a curve to the left with a radius of 766.50 feet, 106.35 feet to a point of tangency, thence running North 04°-02'-00" West, 100.00 feet to a point of curvature,thence running along a curve to the left with a radius of 213.39 feet, 96.77 feet to a point of compound curvature, thence running along a curve to the left with a radius of 20.19 feet,31.24 feet to a point along the southerly street line of Great Pond Road, thence running North 61°- 19'-00" East, 44.73 feet along the street line of Great Pond Road, thence continuing to run along the street line of Great Pond Road, North 59°-52' East, 44.31 feet to the point of beginning. Concord Street(Off Osgood Street) A way known as Concord Street as shown on a Plan of Land entitled,"Street Acceptance Plan located in North Andover;prepared for Concord Street, scale F=40', dated 9/1/03; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover DPW; 61 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 5,2004 -JAB and to award no damages for said eminent domain taking, or take any other action relative thereto. The roadway is further described as follows: Beginning at a point at the northerly street line of Osgood Street, said point being 140.47 feet easterly of a Massachusetts Highway Bound with drill hole, thence running North 27-47'47" West,776.05 feet to a point, said point being the southwesterly intersection with Bunker Hill Street, thence running North 62°-12'-13" East, 40.00 feet to a point, thence running South 27-47'47" East, 779.02 feet to a point at the northerly street line of Osgood Street, thence running South 64°-38'-49" West, 26.84 feet to a point of tangency, thence running South 70°-06'-23"West, 13.31 feet to the point of beginning. Easy Street (Off Abbott Street) A way known as Easy Street as shown on a Plan of Land entitled, "Definitive Subdivision Plan of Land, Abbott Meadows, North Andover, MA; prepared for S.B. Homes Inc., 345 Stevens Street North Andover, MA; prepared by Frank C. Gelinas & Associates Inc, 451 Andover Street North Andover, MA, scale 1"=40', dated January 23, 1981,revised June 11, 1981. Said plan recorded with the Essex North District Registry of Deeds as Plan No. 8690. Highland View Avenue (From Chadwick Street to Furber Avenue) A way known as Highland View Avenue as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Highland View Avenue, scale 1"=40',dated 9/1/03;prepared by Christiansen& Sergi, 160 Summer Street,Haverhill, MA 01830 on file with the Town of North Andover DPW; and to award no damages for said eminent domain taking, or take any other action relative thereto. The roadway is further described as follows: Beginning at a point at the northerly street line of Furber Avenue, said point being 180.00 feet westerly of Wentworth Avenue, thence running North 85°- 26'-58" West, 50.22 feet along the street line of Furber Avenue to a point, thence running North 00°-48'-19"West, 1020.18 feet to a point,said point being located along the southerly street line of Chadwick Street,thence running North 84°-31'-00" East, 50.17 feet along the street line of Chadwick Street to a point, thence running South 00°-48'-19"East, 1028.96 feet to a point, said point being the point of beginning. Morningside Lane (Off Winter Street) A way known as Morningside Lane as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Morningside Lane and Russett Lane, scale 1"=60', dated 9/1/03;prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover DPW; and to award no damages for said eminent domain taking, or take any other action relative thereto. The roadway is further described as follows: 62 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 5,2004 -JAB Beginning at a point at the northerly street line of Winter Street,thence running along a curve to the left with a radius of 25.00 feet, 48.95 feet to a point of tangency, thence running North 08°-13'-02" East, 775.00 feet to a point of curvature, thence running along a curve to the left with a radius of 25.00 feet, 39.27 feet to a point of tangency, thence running North 08°-13'-02"East, 45.00 feet to a point of curvature,thence running along a curve to the left with a radius of 25.00 feet, 39.27 feet to a point of tangency, thence running North 08°-13'- 02" East, 353.86 feet to a point, thence running South 81°-46'-58" East, 45.00 feet to a point, thence turning and running South 08°-13'-02" West, 95.00 feet to a point; thence continuing to run South 08°-13'-02" West, 1,164.96 feet to a point of curvature; thence running along a curve to the left with a radius 25.00 feet, 30.27 feet to a point along the street line of Winter Street; thence running North 610-09'-30"West, 89.33 feet along the street line of Winter Street,thence continuing to run along the street line of Winter Street,North 590-36'-30"West, 12.98 feet to the point of beginning. Russett Lane(Off Dale Street). A way known as Russett Lane as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Morningside Lane and Russett Lane, scale F=60', dated 9/1/03; prepared by Christiansen& Sergi, 160 Summer Street, Haverhill,MA 01830 on file with the Town of North Andover DPW-' and to award no damages for said eminent domain taking-' or take any other action relative thereto. The roadway is further described as follows: Beginning at a point at the northerly street line of Dale Street, at a point of curvature, thence running along a curve to the left with a radius of 25.00 feet, 28.00 feet to a point of tangency, thence running North 040-55'-30"East, 65.00 feet to a point of curvature,thence running along a curve to the left with a radius of 760.00 feet,460.38 feet to a point of tangency,thence running North 29°-46'- 58" West, 500.91 feet to a point of curvature, thence running along a curve to the left with a radius of 540.00 feet, 490.09 feet to a point of compound curvature, thence running along a curve to the left with a radius of 25.00 feet, 39.27 feet to a point of tangency with the street line of Morningside Lane, thence turning and running North 080-13'-02" East, 95.00 feet along the common street line of Morningside Lane to a point of curvature,thence running along a curve to the left with a radius of 25.00 feet, 39.27 feet to a point of reverse curvature, thence running along a curve to the right with a radius of 585.00 feet, 530.93 feet to a point of tangency, thence running South 29°-46'- 58"East,500.91 feet to a point of curvature;thence running along a curve to the right with a radius of 805.00 feet, 487.64 feet to a point of tangency, thence running South 250-32"-40" East, 10.81 feet to a point, thence running South 040-25' West,49.74 feet to a point along the northerly street line of Dale Street, thence running North 870-12'-45" West, 6.66 feet along the street line of Dale 63 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 5,2004 -JAB Street to a point, thence continuing to run along the street line of Dale Street South 69°-06'-10"West,64.86 feet to the point of beginning; Or to take any other action relative thereto. Petition of Department of Public Works Article 50. Roadway Acceptances:—Foxwood Drive (Off Salem Street) and Weyland Circle (Off Foxwood Drive). To see if the Town will vote to accept as a public ways Foxwood Drive and Weyland Circle as shown on a Plan of Land entitled, "Definitive and Special Permit Plan Foxwood in North Andover, Mass." Owned and Developed by Summer Street Realty Trust 733 Turnpike Street-Suite 209, North Andover, MA 01845, scale V=40', May 1993, Revised 12-9-93, prepared by Merrimack Engineering Services,66 Park Street,Andover,Massachusetts 01810. Said plan recorded with the Essex North District Registry of Deeds as Plan No. 12371; or to take any other action relative thereto. Petition of Department of Public Works Article 51. Roadway Acceptance — Avery Park Drive (formerly Donna Drive). To see if the Town will vote to accept as a Public Way: Avery Park Drive (formerly Donna Drive)as shown on a plan entitled,Definitive Subdivision Plan of Land in North Andover, MA., prepared for TDJ Development Corp. 40 Lowell Road, Salem, NH 03079, prepared by Andover Consultants, Inc. of Methuen, MA, Plan approved 5/26/92, endorsed 2/6/96 and recorded as Plan #12784 at the Essex North District Registry of Deeds on 3/6/96;or to take any other action relative thereto. Petition of Domenic J.Scalise and others Article 52. Roadway Acceptance Stonewedge Circle(Off Webster Woods Lane. To see if the Town will vote to accept as a Public Way: Stonewedge Circle as shown on a plan entitled, Stonewedge Circle North Andover , MA., prepared for Campbell Forest, LLC, 231 Sutton St. Suite 2F North Andover, MA 01845, prepared by Engineering Alliance, Inc. of Saugus , MA. Plan dated 9/28/99 and recorded as Plan #13712 at the Essex North District Registry of Deeds on 4/13/00; or to take any other action relative thereto. (Stonewedge Circle is off Webster Woods Lane and was originally part of the Campbell Forest Subdivision) Petition of Domenic J.Scalise and others 64 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 5,2004 -JAB Article 53. Roadway Acceptance Webster Woods Lane (formerly Joanne Drive). To see if the Town will vote to accept as a Public Way: Webster Woods Lane (formerly Joanne Drive) as shown on a plan entitled, Definitive Subdivision Plan of Land in North Andover, MA., prepared for TDJ Development Corp., 40 Lowell Road Salem NH 03079, prepared by Andover Consultants, Inc. of Methuen, MA. Plan approved 5/26/92, endorsed 2/6/96 and recorded as Plan #12784 at the Essex North District Registry of Deeds on 3/6/96; or to take any other action relative thereto. Petition of Domenic J.Scalise and others Article 54. Acceptance of Fee Title and Deeds in Connection with Layout of Public Ways of Webster Woods Lane,Avery Park Drive and Stonewedge Circle. To see if the Town will vote to authorize the Board of Selectmen to accept fee title and confirm the acceptance of deeds to certain lands identified as "Parcel A", "Parcel B" and"Right of Way A",each as shown on a plan entitled,Definitive Subdivision Plan of Land in North Andover, Massachusetts, Scale F=200', dated December 4, 1991, Revised March 12, 1992, Owner and Applicant: T.D.J. Development Corp., 40 Lowell Road, Salem, New Hampshire 03079, Engineer and Surveyor: Andover Consultants, Inc., 1 East River Place, Methuen, Massachusetts 01844," which plan is recorded with Essex North District Registry of Deeds as Plan No. 12784,the conveyance of said lands being made in connection with the layout as public ways of Webster Woods Lane, Avery Park Drive and Stonewedge Circle, and as contemplated by the subdivision approval and plans concerning said roadways; or to take any other action relative thereto. Petition of Brian G.Vaughan and others Article 55. Roadway Acceptance Country Club Circle (off Great Pond Road) as a Public Way. To see if the Town will vote to accept Country Club Circle as a Public Way;or to take any other action relative thereto. Petition of John Grasso and others Article 56. Roadway Acceptance—Delucia Way—off Waverley Road. To see if the Town will vote to accept Delucia Way(off Waverley Road)as a public way; or to take any other action relative thereto. Petition of Stephen Smolak and others 65 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 5,2004 -JAB 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 the Warrant with the doings thereon to the Town at the time and place of said meeting. NORTH ANDOVER BOARD OF SELECTMEN Wendy D.Wakeman Chairman Mark J.T. Caggiano RosemaryConnelly Smedile Donald B.Stewart James M.Xenakis NORTH ANDOVER,MASSACHUSETTS Joyce A.Bradshaw,Town Clerk Attest: A True Copy Constable-Date 66 2004 DRAFT ANNUAL TOWN MEETING WARRANT- APRIL 5,2004 -JAB