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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 warn the inhabitants of the Town of
North Andover who are qualified to vote in Town affairs to meet at the North Andover High
School on Monday May 10, 2004, at 7:00 PM then and there to act upon the following articles:
Article A. 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 B. Authorization of the Town Manager or Superintendent of Schools Regarding
Contracts in Excess of Three Years. To see if the Town will vote in accordance with
the provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the
Town Manager 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 take any other action relative thereto.
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Article C. Authorization to Accept Grants of Easements. To see if the Town will
vote to authorize the Board of Selectmen and the School Committee to accept grants of
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 take any other action relative
thereto.
Article D. Authorization to Grant Easements. To see if the Town will vote 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 take any other action relative thereto.
Article E. Amend Town By-laws Chapter 17- Town Meeting - Add New Section to
Establish Committee to Develop Revenue and Fixed Expense Proiections 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, Town Meeting, 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 1st 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.
Finance Committee
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Article F. 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 take any other action relative thereto.
Article G. 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 take any other action relative thereto.
Article H. 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; or take any other action relative thereto.
Article I. 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 J. 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 take any other action relative thereto.
Article K. 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 L. 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 take any other action relative
thereto.
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Article M. 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 take any other action relative thereto.
Article N. 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 take any other action relative thereto.
Article O. 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 take any other
action relative thereto.
Article P. 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 take any other
action relative thereto
Article Q. 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 take any other action relative
thereto.
Article R. 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 '/z for the Fiscal Year beginning July 1, 2004; or take any other
action relative thereto.
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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.
Account Spending Revenue FY 2005
Number Revolving Fund Authority Use of Funds Source Limit
Participants
fees, Grants,
All programs and Donations, and
Division of Division activities, expense, art related
022-5423- p p Fundrasing
3437 Youth Services Head time help proceeds $ 250,000
Participants
fees, Grants,
All programs and Donations, and
Division of Division activities, expense, art related
022-5423- p p Fundrasing
3437 Youth Services Head time help proceeds $ 250,000
Field rental fees,
Grants,
Field maintenance, Donations, and
relateed
Field Division upgrade and related Fundrasing
new Maintenance Head expenses roceeds $ 20,000
Participants
fees, Grants,
Donations, and
Division of Division Senior programs, related
022-5590- p g Fundrasing
3564 Elder Service Head classes and activities proceeds $ 50,000
Clinic participant
fees, Grants,
Donations, and
Health Dept Division clinic supplies and other related
022-5102- p pp Fundrasing
3424 Revolving Head expenses roceeds $ 20,000
Wheelabrator Division Wheelabrator
022306- Host Service
3008 Planning Head Air quality monitoring Agreement $ 25,000
Division Wheelabrator
022-4307- Wheelabrator Head To enforce Trash Truck Host Service
3083 Public Safety regulations Agreement $ 20,000
Wheelabrator— Division Protection of health, Wheelabrator
022-4308- Health Head safety and monitoring Host Service
3649 the air quality Agreement $ 40,000
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Revolving Accounts (Massachusetts General Law Chapter 44, Section 531/2
Youth
Sevice Field Elder Health Wheelabrator Wheelabrator Wheelabrator
A/C 6423 Maintenance Service Dept Planning Public Safety Health
Balance
7/1/02 $ 160,124 $ 21,496 $11,332 $ 81,821 $ 50,000 $ 74,812
FY03
Receipts $ 231,522 $ 15,033 $ 8,091 $ 25,000 $ 11,800 $ 37,029
FY03
Expenditures $183,402) $ (32,557) $(4,707) $ (28,874) $ (14,139) $ (18,476)
Balance
6/30/03 $ 208,244 $ 3,972 $14,715 $ 77,947 $ 47,661 $ 93,365
Receipts to
12/31/03 $ 63,826 $ 7,285 $ 7,235 $ 25,000 $ 7,500 $ -
Expenditures
to 12/31/03 $137,586) $ (2,493) $(3,846) $ - $ (37,911) $ (66,101)
Balance
12/31/03 $ 134,484 $ 8,763 $18,104 $ 102,947 $ 17,250 $ 27,264
Article S. 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 to
implement the Section 9-3-3 of the Town Charter:
Section 59-7 Presentation of Budget Articles: Pursuant to Section 9-3-3 of the Town
Charter, the Board of Selectmen or their designee, shall present to the Town Meeting the
various budgets of the town including the general fund, capital improvement fund and
enterprise funds and amendments thereto. The presentation shall consist of a report to town
meeting explaining the proposed budgets or budget amendments including a summary of
revenue or other financing sources projections and recommended expenditures followed by a
motion to town meeting to implement the budget recommendations. The Finance Committee
shall be afforded the first opportunity to make an amendment to the Board of Selectmen budget
motions; or take any other action relative thereto.
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Article T . Amend Chapter 59 — Code of North Andover — New Section — Main
Motions By the Finance Committee. To see if the Town will vote to amend the General
Bylaws (Code of the Town of North Andover by adding a new section to confirm the Finance
Committee's responsibility for making main motions, in keeping with existing practice.
Section 59-x: Main Motions by the Finance Committee. In consideration of an article
by Town Meeting, any favorable recommendation by the Finance Committee will be taken as
the main motion, made and seconded. If the Finance Committee's recommendation is
unfavorable or to take no action, then a positive main motion will be sought from another voter.
Town officers, boards or committees will meet any responsibilities to report or present to Town
Meeting by addressing the main motion with supporting or opposing statements, or with
proposed amendment of the main motion; or take any other action relative thereto.
Petition of the Moderator
Article U. 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 V. 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 published in a newspaper of
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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 W. Report of the Community Preservation Committee. To see if the Town will
vote to receive the report of the Community Preservation Committee; or take any other action
relative thereto.
Community Preservation Committee
Article X. Appropriations - Community Preservation Fund. 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 take any other action relative
thereto.
Community Preservation Committee
Article Y. Tax 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
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
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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 Z . 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 first sentence "three
members" and replacing with"five members"; or take any other action relative thereto.
Article AA. 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 BB. 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
10013; or to take any other action relative thereto.
Article CC. 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 Resign 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).
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).
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)
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Department of Public Works
Article DD. Roadway Acquisition- Coachman's Lane (Off Great Pond Road). To see
if the Town will authorize the Board of Selectmen to acquire by gift, purchase, or eminent
domain 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 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 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 Ol°-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 Ol°-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
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run along the street line of Great Pond Road, North 59°-52' East, 44.31 feet to the point
of beginning; or take any other action relative thereto.
Department of Public Works
Article EE. Roadway Acquisition — Concord Street (Off Osgood Street). To see if the
Town will authorize the Board of Selectmen to acquire by gift, purchase, or eminent domain 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 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 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; or take any other action relative thereto.
Department of Public Works
Article FF. Roadway Acquisition — Easy Street (Off Abbott Street). To see if the
Town will authorize the Board of Selectmen to acquire by gift, purchase, or eminent domain 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; or take any other
action relative thereto.
Article GG. Roadway Acquisition — Highland View Avenue (From Chadwick Street
to Furber Avenue). To see if the Town will authorize the Board of Selectmen to acquire by
gift, purchase, or eminent domain 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:
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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 850-26'-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 000-48'-19" East,
1028.96 feet to a point, said point being the point of beginning; or take any other action
relative thereto.
Article HH. Roadway Acquisition —Morningside Lane (Off Winter Street). To see if
the Town will authorize the Board of Selectmen to acquire by gift, purchase, or eminent
domain 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:
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 080-13'-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 080-13'-02" West, 95.00 feet to a point;
thence continuing to run South 080-13'-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; or take any other action relative thereto.
Department of Public Works
Article IL Roadway Acquisition — Russett Lane (Off Dale Street). To see if the
Town will authorize the Board of Selectmen to acquire by gift, purchase, or eminent domain 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 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:
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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 04°-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 08°-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 25°-32"-40" East, 10.81 feet to a point, thence
running South 04°-25' West, 49.74 feet to a point along the northerly street line of Dale
Street, thence running North 87-12'45" West, 6.66 feet along the street line of Dale
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.
Department of Public Works
Article JJ. Street Acceptance — Weyland Circle (Off Foxwood Drive) To see if
the Town will vote to accept as a public way 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 F=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 take any other action relative thereto.
Department of Public Works
Article KK. Amend Zoning Bylaw — Phased Development Section 4.2. 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
4.2 Phased Development By-law
1. Intent and Purpose.
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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
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.
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(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.
(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.
(j) 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
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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 first 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.
(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 first 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.
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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:
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
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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.
f) 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.
Article LL. 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 take any other action relative thereto.
Planning Board
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ARTICLE MM. Amend Zoning Bylaw Sections 4.122.14 . 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:
PURPOSE: To amend the Town of North Andover Zoning Bylaw in order to require
two-family dwellings, or conversion of single-family dwellings to two-family dwellings in
the RESIDENTIAL 4 DISTRICT, to obtain a special permit from the Zoning Board of
Appeals, subject to meeting certain criteria and design criteria.
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.f.. 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 facade 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.
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.
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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.
2. The degree to which the proposed use furthers the Town's interest in providing a range
of housing types, where applicable.
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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 NN. Amend Zoning Bylaw Section 9.3,9.3A and 9.3b Special Permit in R4
District. To see if the Town will vote to amend Section 9 of the North Andover Zoning
Bylaw so as to delete the words two-family from the title of Section 9.3, the title of Section
9.3.a. and the first sentence of Section 9.3.a; the title of Section 9.3.b and the first sentence of
Section 9.3.b.
SECTION 9 NON-CONFORMING USES
9.1 Non-Conforming Uses
Any non-conforming building, structure, or use as defined herein, which lawfully existed at the
time of passage of the applicable provision of this or any prior by Law or any amendment thereto
may be continued subject to the provisions of this Bylaw. Any lawfully non-conforming building
or structure and any lawfully non-conforming use of building or land may be continued in the
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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
be permitted by a Special Permit or otherwise by the North Andover Board of Appeals.
Pre-existing non-conforming structures or uses, however, may be extended or altered, provided
that no such extension or alteration shall be permitted unless there is a finding by the Board of
Appeals that such change, extension, or alteration shall not be substantially more detrimental than
the existing non- conforming use to the neighborhood.
When a pre-existing structure has been made non-conforming due to changes in the lot size
required by this bylaw, such structure may be extended or altered based on a finding by the Zoning
Enforcement Officer that such structure after the change meets all current zoning requirements
except for lot size. (1995/43)
9.2 Alteration or Extension
A use or structure housing a use, which does not conform to the regulations of this Bylaw but
which did conform to all applicable regulations when initially established shall not be changed,
extended or enlarged except in accordance with the following provisions:
1. Such change shall be approved by a Special Permit or otherwise by the Board of Appeals.
2. Such change shall be permitted only upon the same lot occupied by the non-conforming
use on the date that it became non-conforming.
3. Any increase in volume, area, or extent of the non- conforming use shall not exceed an
aggregate of more than twenty five percent(25%) of the original use.
4. No change shall be permitted which tends to lengthen the economic life of the
non-conforming longer than a period reasonable for the amortization of the initial
investment.
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 R1, R2, R3, R4 and R6 Districts,
may be changed, extended or altered, provided that there is a finding by the Zoning
Enforcement Officer (Building Commissioner) that such change, extension, or
alteration shall not render the structure more 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
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,
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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.
9.4 Building After Catastrophe
Any non-conforming building or structure destroyed or damaged by fire, flood, lightning,
earthquake or wind to the extent of sixty-five percent (65%) or more of its reproduction cost at
the time of such damage shall not be rebuilt, repaired, reconstructed nor altered except for a
purpose permitted in that zoning district in which such building is located, or except as may be
permitted by a Special Permit or otherwise by the Board of Appeals acting under Massachusetts
General Laws Chapter 40A.
9.5 Abandonment
If any lawfully non-conforming building or use of a building or land be at any time
discontinued for a period of two years or more, or if such use or building be changed to one
conforming with the North Andover Zoning Bylaw in the district in which it is located, it shall
thereafter continue to conform; or take any other action relative thereto
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Planning Board
Article 00. 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 R1, 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;
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D) Enterprises whose principal use is the sale of agricultural products, such as
greenhouses, orchards, nurseries, food co-ops, or farm products stores.
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;
I) 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.
I) 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
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Rehabilitating Historic Buildings (Revised 1983) (36CFR67) in terms of the
rehabilitation of the building and its site.
6. Application and Approval Procedure
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 take any other action relative thereto.
Planning Board
Article PP. 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:
Section 4.137 now reads:
4.137 Flood Plain District
The Flood Plain District is herein established as an overlay district. The underlying permitted
uses are allowed provided that they meet the Massachusetts State Building Code, Section 2102,
"Flood Resistant Construction" and any other applicable local, state or federal requirements.
The Flood Plain District includes all special flood hazard areas designated as Zone A, AE, AH,
AO, and A99 on the North Andover Flood Insurance Rate Maps (FIRM), and the Flood
Boundary and Floodway Maps, dated June 2, 1993 on file with the Town Clerk, Planning
Board, Conservation Commission, and Building Inspector. These maps, as well as the
accompanying North Andover Flood Insurance Study, are incorporated herein by reference.
1. Purpose: The purposes of the Flood Plain District are:
a. Ensure public safety through reducing the threats to life and personal injury.
b. Eliminate new hazards to emergency response officials.
C. Prevent the occurrence of public emergencies resulting from water quality,
contamination, and pollution due to flooding.
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d. Avoid the loss of utility services which if damaged by flooding would disrupt or
shut down the utility network and impact regions of the community beyond the
site of flooding;
e. Eliminate costs associated with the response and cleanup of flooding conditions;
f. Reduce damage to public and private property resulting from flooding waters.
2. Base Flood Elevation and Floodway Data
a. Floodway Data. In Zone A, AH, AO, A99, and AE, along watercourses that
have not had a regulatory floodway designated, the best available Federal, State,
local or other floodway data as determined by the Building Inspector, in
consultation with the Division of the Department of Public Works, shall be used
to prohibit encroachments in floodways which would result in any increase in
flood levels within the community during the occurrence of the base flood
discharge.
b. Base Flood Elevation Data. Base flood elevation data is required for
subdivision proposals or other developments greater than 50 lots or 5 acres,
whichever is the lesser, within unnumbered A zones.
C. Areas designated as flood plain on the North Andover Flood Insurance Rate
Maps may be determined to be outside the flood plain district by the Building
Inspector, in consultation with the Division of Public Works, if an accurate
topographic and property line survey of the area conducted by a registered
professional engineer or land surveyor shows that the flood plain contour
elevation does not occur in any area of proposed buildings, structures,
improvements, excavation, filling, paving, or other work activity. The person
requesting the determination shall provide any other information deemed
necessary by the Building Inspector of the Division of Public Works to make
that determination. If the Building Inspector, in consultation with the Division
of Public Works, determines that the Flood Insurance Rate Maps are in error, the
subject area shall not be regulated as occurring within the Flood Plain District,
and any such determination shall be noted on the Flood Insurance Rate Maps.
Nothing in this section shall prohibit the Conservation Commission, Board of
Health, or other Town officials or Board from making non-zoning
determinations of the flood plain or performing their official duties.
3. Notification of Watercourse Alteration: If a landowner or project proponent proposes to
alter or relocate any watercourse, that person shall notify the following parties and
provide evidence of such notification to every Town Board or official who has
jurisdiction over such alteration or relocation prior to or at the time of applying for any
approval that is required to perform such alteration or relocation:
a. Adjacent Communities;
b. NFIP State Coordinator
Massachusetts Office of Water Resources
100 Cambridge Street
Boston, MA 02202
C. NFIP Program Specialist
FEMA Region I, Rm. 462
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J.W. McCormack Post Office & Courthouse
Boston, MA 02109
4. Existing Regulations: All development in the District including structural and non-
structural activities whether permitted by right or by special permit must be in
compliance with the following:
a. Section of the Massachusetts State Building Code which addresses floodplain
and costal high hazard areas (currently 780 CMR 2102.0, "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. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP
(currently 310 CMR 15, Title 5);
e. Any variances from the provisions and requirements of the above referenced
state regulations may only be granted in accordance with the required variance
procedures of these state regulations.
5. Development Regulations: Notwithstanding the provisions of Section 3.13 of this By-
law, within Zone A of the Flood Plain District, where base flood elevation is not
provided on the FIRM, the applicant shall obtain any existing base flood elevation data
and it shall be reviewed by the Building Inspector, in conjunction with the Division of
Public Works, for its reasonable utilization toward meeting the elevation or flood-
proofing requirements, as appropriate, of the State Building Code. In the floodway,
designated on the Flood Boundary and Floodway Map, the following provisions shall
apply:
a. All encroachments, including fill, new construction, substantial improvements to
existing structures, and other development are prohibited unless certification by
a registered professional engineer is provided by the applicant demonstrating
that such encroachments shall not result in any increase in flood levels during
the occurrence of the 100 year flood and the Building Inspector, in conjunction
with the Director of the Division of Public Works, concurs with such
certification.
b. Any encroachment meeting the above standard shall comply with the floodplain
requirements of the State Building Code.
All preliminary and definitive subdivision plans filed in accordance with G.L. Chapter
41, Section 81S and 81T, respectively shall be designed so that:
a. such proposals minimize flood damage;
b. all public utilities and facilities are located and constructed to minimize or
eliminate flood damage; and
C. adequate drainage is provided to reduce exposure to flood hazards.
6. Permitted Uses
The following uses on low flood damage potential and causing no obstructions to flood
flows are encouraged provided they are permitted in the underlying district and they do
not require structures, fill, or storage of materials or equipment:
a. Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
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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.
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
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floodway data as determined by the Building Inspector, in consultation with the
Director of the Division of Public Works, shall be used to prohibit encroachments in
floodways which would result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
b. Base Flood Elevation Date. Base flood elevation data is required for subdivision
proposals or other developments greater than 50 lots or 5 acres, whichever is the lesser,
within unnumbered A zones.
c. Areas designated as flood plain on the North Andover Flood Insurance Rate Maps may
be determined to be outside the flood plain district by the Building Inspector, in
consultation with the Director of the Division of Public Works, if an accurate
topographic and property line survey of the area conducted by a registered professional
engineer or land surveyor shows that the flood plain contour elevation does not occur in
any area of proposed buildings, structures, improvements, excavation, filling, paving, or
other work activity. The person requesting the determination shall provide any other
information deemed necessary by the Building Inspector, in consultation with the
Director of Division of Public Works to make that determination. If the Building
Inspector, in consultation with the Director of the Division of Public Works, determines
that the Flood Insurance Rate Maps are in error, the subject area shall not be regulated
as occurring within the Flood Plain District, and any such determination shall be noted
on the Flood Insurance Rate Maps. Nothing in this section shall prohibit the
Conservation Commission, Board of Health, or other Town officials or Board from
making non-zoning determinations of the flood plain or performing their official duties.
4. NOTIFICATION OF WATERCOURSE ALTERATION
If a landowner or project proponent proposes to alter or relocate any watercourse, that
person shall notify the following parties and provide evidence of such notification to
every town board or official who has jurisdiction over such alteration or relocation prior
to or at the time of applying for any approval that is required to perform such alteration
of relocation:
a. Notify in a riverine situation, the following of any alteration or relocation of a
watercourse:
1. Adjacent Communities
2. Bordering States
3. NFIP State Coordinator
Massachusetts Office of Water Resources
251 Causeway Street Suite 600-700
Boston, MA 02114-2104
4. NFIP Program Specialist
FEMA Region I, Rm. 462
J.W. McCormick Post Office & Courthouse
Boston, MA 02109
5. REFERENCE TO EXISTING REGULATIONS
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The Floodplain District is established as an overlay district to all other districts. All
development in the district, including structural and non-structural activities, whether
permitted by right or by special permit must be in compliance with Chapter 131,
Section 40 of the Massachusetts General Laws and with the following:
a. Section of the Massachusetts State Building Code which addresses Floodplain
and coastal high hazard areas (currently 780 CMR 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
81S and 81T [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.
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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
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, AH, 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, VI-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.
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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).
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
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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.
REGULATORY FLOODWAY - see FLOODWAY
SPECIAL FLOOD HAZARD AREA means an area having special flood and/or flood-related
erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, Al-30, AE, A99, AH, V,
V1-30, VE.
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.
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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
velocity (wave action). Base flood elevations have been determined; or take any other action
relative thereto.
Planning Board
Article QQ . Acquisition of Land—Community Preservation Committee—Land
Located at Half Mile Hill Summit.
DESCRIPTION OF LAND TO BE PURCHASED AND MOTION TO FOLLOW
Community Preservation Committee
Article RR. Petition the General Court - Authorization Massachusetts Electric 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 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 SS. Petition the General Court - Authorization Massachusetts Electric and
Comcast of Massachusetts 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
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Legislature for special legislation to accomplish the foregoing; or to take any other action
relative thereto.
Article TT. Roadway Acceptance—Foxwood Drive (Off Salem Street). To see if
the Town will vote to accept as a public way Foxwood Drive 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 1"=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 take any other action relative thereto.
Department of Public Works
Article UU. 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 take any
other action relative thereto.
Petition of Domenic J. Scalise and others
Article VV. 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
Article WW. 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.
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Petition of Domenic J. Scalise and others
ARTICLE XX. 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 take any
other action relative thereto.
Petition of Brian G. Vaughan and others
ARTICLE YY. 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 take any other action relative thereto.
Petition of John Grasso and others
ARTICLE ZZ . 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 take any
other action relative thereto.
Petition of Stephen Smolak and others
Article AAA. 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
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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
1"=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 take any
other action relative thereto.
Petition of Mark H. Rees and others
ARTICLE BBB. 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;
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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;
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
i. Cafeteria within an office building for use principally by the employees of that
concern;
ii. Private parking garages accessory to allowed principal uses;
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iii. 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
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
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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
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
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(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
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
(IO)maximum building heights
V. Uses to be permitted in the building (this may be narrative in form).
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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.
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;
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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.
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.
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Petition of Alberto Angles and others
Article CCC. Amend Zoning Bylaw Section 3 — Zoning District and Boundaries — By
Adding Planned Commercial Development District and Boundaries 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, Zoning District and Boundaries, by adding the
term Planned Commercial Development District; 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.
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Res. Res. Res. Res. Village Res. Res. Bus. Bus. Bus. Bus. Village General Ind. Ind. Ind. Ind. PCDD
1 2 3 4 Res. 5 6 1 2 3 4 Comm. Bus. 1 2 3 S
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 50,000 175,00
Height
Max(11) 35 35 35 35 35 35 35 35 35 35 60 40 45 55 55 55 55 35
Street
Frontage
Min(11) 175 150 125 100 85 150 150 125 125 300 200 200 125 150 150 150 150 300
Front Set Back
Min.(11) 30 30 30 30 25 30 25 30 25 100 50 50 25 50 50 100 30 100
Side Set Back
Min.(11) 30 30 20 15 15 25 15 20 25 50 50 25 25 50 50 200 20 50
Rear Setback
Min(11) 30 30 30 30 30 30 30 30 30 50 50 25 35 50 50 200 30 50
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 0.50:1 0.75:1
Lot Coverage
Max. N/A N/A N/A N/A N/A 20% 20% 30% 35% 30% 25% 25% 35% 35% 35% 35% 35% 25%
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/A N/A
Townhouse
Open Space 25%
'Two stories not to exceed 40ft.
"Refer to Sections 8.1 (13)and 8.4(6)
Please refer to footnotes for additional information
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Permitted Use
Residential Business Industria
RI-3 R4 VR R5 R6 B1 B2 B3 B4 VC GB Il I2
Agricultural Use* Y Y Y Y Y Y Y Y Y N Y Y Y
Art Gallery N N N N SP Y Y Y Y Y Y Y Y
Auto Service Station* N N N N N N Y* Y* N N Y N Y*
Auto&Vehicle Repair/Body Shop N N N N N N N N N N Y N Y
Banks and Financial Services N N N N SP* N N N N Y Y N N
Bus Garage N N N N N N N N N N Y N Y
Business&Other Offices N N N N Y N* Y Y Y Y Y Y Y
Car Wash N N N N N N N N N Y Y N Y
Congregate Housing N SP N N N N N N N N N N N
Continuing Care Retirement Center Y* N N N N N N N N N N N N
Eating&Drinking Establishment N N N N* SP* N* Y Y N* Y Y N* N*
Funeral Parlor N N N N SP N Y Y N Y Y N N
Golf Course Y Y Y Y Y N N N N N N Y Y
Guest House N Y Y Y Y N N N N N N N N
Hotel and Hotel Suite N N N SP N N N N Y* N N N N
Independent Elderly Housing Y N N N N N N N N N N N N
Indoor Place of Amusement or Assembly N N N N N N Y Y N Y Y N N
Indoor Ice Skating Facility N N N N N N N N N N N SP N
Lumber,Fuel Storage or Contractor's Yard N N N N N N N N N Y Y N Y
Manufacturing* N N N N N N N N N N N Y Y
Medical Center* N N N N N N Y Y Y Y Y Y Y
Motel or Hotel N N N SP N N N N Y* N N N N
Multi-Family Dwellings&Apts. N N Y** Y* Y Y SP N N N N N N
Municipal Recreation Area Y Y Y N Y N N N N N N N N
New Car Sales* N N N N N N N Y N N Y N N
Non-Profit School 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
One-Family Dwelling Y Y Y Y Y Y N N N N N N N
Personal Services N N N N* SP* Y Y Y N* Y Y N* N*
Places of Worship 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
ARTICLE DDD. Amend the North Andover Zoning MAP— Parcels on Waverly
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
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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 on the attached Figure 1; or to take any other
action relative thereto.
Petition of Alberto Angles and others
MAP
ARTICLE EEE. Amend Zoning Map Parcels fronting Waverley Road and
Route 114 - Assessors Map 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 on the
attached Figure 1.; or to take any other action relative thereto.
MAP-FIGURE 1
Petition of Hector L. Rivera and others
ARTICLE FFF. Amend Zoning May - Office Building 1060 Osgood Street
Intersection of Route 125 and 133 - Assessors May 25 Parcel 29 from I2
(Industrial 2) to Business 2 (112). 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 take any other
action relative thereto.
Petition of Martin S. Cohen and others
ARTICLE GGG. Amend Chapter 170 of the General Bylaws of the Town of
North Andover - Paragraph D - Section 3. To see if the Town will vote to amend
paragraph D of Section 3 of Chapter 170 - Underground Utilities Bylaw by inserting
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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, 2001]
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]
Petition of Keith A. Mitchell and others
ARTICLE HHH . Accept a Plan for the Town of North Andover — David C.
Rand and Others. 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.
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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.
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 Official Version of the General Bylaws for the
Town of North Andover.
Petition of David C. Rand and others
ARTICLE III. 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 take any other action relative thereto.
Petition of Robert A. Smith and others
ARTICLE JJJ. Petition the Legislature-Amend Chapter 2 of the Charter for the
Town of North Andover — New Section 10 — Citizen Participation Mechanisms.
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
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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; 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 first named signer of the initiative article, or his
designee, the privilege of making the first 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.
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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
th to September 7th
30 . 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 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,
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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 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
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accordance with the provisions of chapter fifty-four; or take any other action relative
thereto.
Petition of Albert F. Movsesian and others
ARTICLE KKK. 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 take any other action relative
thereto.
Petition of Robert Ercolini and others
ARTICLE LLL. 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 first 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 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.
Petition of Robert Ercolini and others
ARTICLE MMM. Proposed Trash Transfer Facility Agreement.
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This article states that the Agreement (see Agreement below) signed between the Board
of Selectmen and Thomson Brothers Inc. (TBI) and related affiliates must first 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. (See relevant attached
sections of town charter at end).
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
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;
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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 attached to this Article following the
copy of the Agreement;
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
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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.
CHAPTER 2
Abstract of Town Charter;
TOWN MEETING
Section 9 Articles Having Environmental Implications
2-9-1 Articles involving planning, zoning, subdivision control, land
acquisition, conservation, extension of sewer or water lines, the acceptance of streets
and ways, and all other similar matters relating to the environment shall not be voted
on by the town unless the planning board shall have considered them previously and
issued recommendations thereon. The chairman of the planning board, or a
designated representative, shall be present at the meeting to provide verbal
explanations of the board's recommendations.
CHAPTER 3
BOARD OF SELECTMEN
Section 3 General Powers, Duties, and Responsibilities
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3-3-1 The Board of Selectmen shall have the power to enact rules and
regulations establishing town policies, not otherwise governed by general law, this
charter, or by-law, provided, however, that whenever an appropriation shall be
necessary to implement such action, the vote of the board shall be effective only if such
appropriation has been authorized by the town meeting.
CHAPTER 10
PLANNING AND THE ENVIRONMENT
Section 1 Powers and Duties of the Planning Board
10-1-3 The board shall make recommendations to the Town Manager
and to the Director of the Division of Planning and Community Development on all
matters concerning the physical, economic, and environmental development of the
town.
AGREEMENT
This Agreement, dated as of October 2003, between the Selectmen of the
Town of North Andover, Massachusetts ("Selectmen") with offices at 120 Main Street,
North Andover, MA 01845 and Thomson Brothers Industries, Inc., a Massachusetts
corporation ("TBI") with offices at 210 Holt Road, North Andover, Massachusetts
01845 and Joyce R. Thomson and William Thomson, Jr., Trustees of the L.M.T. Realty
Trust under declaration of Trust dated December 19, 1984, recorded at Book 1906, Page
84 of the Northern Essex Registry of Deeds (the "Thomsons")
WITNES SETH
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
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Town of North Andover (the "Town") should TBI be successful in developing and
operating the Facility at the Site; and
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
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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 "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).
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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, #1 through #2 (to
be expanded to include #3-7 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 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
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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.
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
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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.
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:
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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.
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.
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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, 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 WIIEREOF, the parties have set their hands and seals this day of
2003.
TOWN OF NORTH
ANDOVER SELECTMEN THOMSON BROTHERS
INDUSTRIES, INC.
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[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
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
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With Respect to Section 6 Only
ROCKET ENTERTAINMENT, INC.
President, hereunto duly authorized
Petition of Robert Ercolini and others
ARTICLE NNN. 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
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
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2004 DRAFT ANNUAL TOWN MEETING WARRANT-
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Joyce A. Bradshaw, Town Clerk
Attest: A True Copy
Constable - Date
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2004 DRAFT ANNUAL TOWN MEETING WARRANT-
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