HomeMy WebLinkAboutMAY 10 2004 ANNUAL TOWN MEETING MINUTES-JAB May 10, 2004 ANNUAL TOWN MEETING MINUTES
Article 1. Reports of Receipts, Expenditures and Special Committees.
UNANIMOUSLY VOTED to accept the 2003 Annual Town Report as the report of receipts
and expenditures.
Article 2. Consent Articles.
UNANIMOUSLY VOTED to adopt Article 2 as printed in the warrant.
Article 3. Amend General Fund Appropriation for Fiscal Year 2004.
Article 3: Amend General Fund Appropriation for Fiscal Year 2004
UNANIMOUSLY VOTED to Amend Article 12 of the 2003 Annual Town Meeting, General Fund
Appropriation, Fiscal Year 2004, as follows:
Amount
Line Item Being Amended Under Article 12 Voted Revised
Under Changes Total
Article 12
General Government—Personnel Services 2,412,135 90,470 2,502,605
General Government—Expenses 1,199,317 62,200 1,261,517
Finance Committee Reserve Fund 200,000 -169,960 30,040
Salary Reserve 75,000 -75,000 0
Public Safety—Personnel 6,472,389 45,047 6,517,436
Public Safety—Expenses 2,733,061 5,100 2,738,161
Public Works—Personnel 1,106,913 8,838 1,115,751
Public Works—Expenses 2,733,061 196,767 2,929,828
School Salary & Expense 29,923,053 250,000 30,173,053
Fixed Expenses—Debt Service Principal 5,364,825 12,810 5,377,635
Fixed Expenses - Debt Service Long Term 2,495,044 94,147 2,589,191
Interest
Fixed Expenses—Debt Service Short Term 733,564 -175,419 558,145
Interest
Fixed Expenses—Unemployment 400,000 -225,000 175,000
Fixed Expenses—Worker Compensation 245,000 -20,000 225,000
Total 56,093,362 100,000 56,193,362
Article 4. Amend Capital Improvement Appropriation for Fiscal Year 2004.
UNANIMOUSLY VOTED to "Take No Action on Article 4".
Article 5. Amend Water Enterprise Fund Appropriation for Fiscal Year 2004.
UNANIMOUSLY VOTED to amend Article 15 of the May 10, 2003 Annual Town Meeting,
Water Enterprise Appropriation — Fiscal Year 2004, by changing the total appropriated from
$4,765,719 to $4,664,697 by changing the amount of retained earnings to be transferred from
$250,000 to $739,697 and the amount to be raised from water receipts be changed from
$4,515,719 to $3,925,000.
Article 6. Amend Sewer Enterprise Fund Appropriation for Fiscal Year 2004.
UNANIMOUSLY VOTED to amend Article 16 of the May 10, 2003 Annual Town Meeting,
Sewer Enterprise Fund Appropriation — Fiscal Year 2004 by changing the total appropriated
from $3,918,424 to $3,408,290 by changing the amount to be raised from sewer enterprise fund
receipts from $3,818,424 to $3,160,000 and changing the amount of retained earnings to be
transferred from $100,000 to $248,290.
Article 7. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal
Year 2004.
UNANIMOUSLY VOTED to amend Article 17 of the May 10, 2003 Annual Town Meeting,
Stevens Estate Enterprise Fund Appropriation Fiscal Year 2004 by changing the total
appropriated from $743,577 to $487,225, by changing the amount to be raised from Stevens
Estate Enterprise Fund receipts from $678,900 to $420,000 and changing the amount of
retained earnings to be transferred from $64,677 to $67,225.
Article 8. Prior Years Unpaid Bills.
UNANIMOUSLY VOTED to "Take No Action on Article 8".
Article 9. Compensation of Elected Officials.
VOTED BY CLEAR MAJORITY to adopt Article 9 as printed in the warrant.
Article 10. General Fund Appropriation Fiscal Year 2005.
VOTED BY CLEAR MAJORITY to raise and appropriate funds for Fiscal Year 2005 General
Fund as follows:
General Government $2,324,697
Public Safety $7,740,228
School Department $30,358,718
Greater Lawrence Technical School $101,837
School Building Committee $26,941
Public Works $3,982,276
Health and Human Services $707,523
Culture and Recreation $674,349
Debt Service $8,757,410
Employee Benefits $8,525,847
Liability Insurance $308,041
Finance Committee Reserve Fund $100,000
State Assessments $1,311,633
For a total appropriation of $64,919,500
And further to transfer to the General Fund
$747,180 from the Trash Fee Stabilization Fund
$440,000 from the Bond Premium Account
and $1,250,381 from free cash to reduce the tax rate.
Article 11. Capital Improvement Plan Appropriation Fiscal Year 2005. UNANIMOUSLY
VOTED to adopt Article 11 as described in the Finance Committee Report (found on page 16),
as printed in the warrant with the following amendment:
Delete item 18 "Library Stair Repair' in the amount of$46,000, and to meet the appropriation, the
Treasurer, with the approval of the Board of Selectmen, be authorized to borrow $3,815,537 under
chapter 44 of the Massachusetts General Laws, for an adjusted total appropriation of$3,815,537.
FY 2005 CIP Recommendations
Town Manager
Board of Selectmen
Finance Committee
Project Description Fund
Code
1 Relocation Feasibility Study B/N-G 32,000
Community Development Total 32,000
2 Dump Truck B/N-G 108,000
3 Dump Truck B/N-G 108,000
4 One Ton 4 Wheel Drive Truck B/N-G 28,000
5 One Ton Truck B/N-G 40,000
DPW Fleet Maintenance Total 284,000
6 Unaccepted Roadway Improvements B/N-G 217,195
7 Drainage B/N-G 250,000
8 Sidewalk Construction B/N-G 119,400
DPW Street & Sidewalks Total 586,595
9 Hydraulic Rescue Tools B/N-G 84,045
10 Replacement Vehicle for Cars 3 and 6 B/N-G 37,791
Fire Total 121,836
11 Municipal Technology Improvements B/N-G 152,700
12 Financial Management System B/N-G 200,000
MIS Total 352,700
13 Communication Center Upgrade B/N-G 81,000
14 Animal Control Vehicle B/N-G 25,386
Police Total 106,386
15 Repaving Projects B/N-G 174,000
16 Technology Improvements B/N-G 97,020
17 Pick Up Trucks With Plows B/N-G 58,000
School Total 329,020
Town Manager
Board of
Selectmen
Finance Committee
Project Description Fund
Code
18 Library Stair Repair B/N-G 46,000
Library Total 46,000
Grand Total General Fund CIP 1,858,537
19 4 Wheel Drive Vehicle B/N-W 25,000
20 Completion of Pump Drives B/N-W 60,000
21 Water Supply Security System B/N-W 94,000
22 Bear Hill Reservoir Improvements B/N-W 150,000
23 Meter Replacement Program B/N-W 280,000
24 Water Main Rehabilitation B/N-W 600,000
25 Sutton Hill Service Area Improvements B/N-W 323,000
Grand Total Water Enterprise CIP 1,532,000
26 One Ton Truck B/N-S 40,000
27 Sewer Rodder B/N-S 117,000
28 New Bonny Lane Sewer Pump Station B/N-S 314,000
Grand Total Sewer Enterprise CIP 471,000
Funding Recommendation Code
Raise and Appropriate - General Fund 0
Raise and Appropriate - General Override 0
Raise and Appropriate -Water 0
Raise and Appropriate - Sewer 0
Bonds/Notes —General B/N-G 1,858,537
Bonds/Notes -Water B/N-W 1,532,000
Bonds/Notes - Sewer B/N-S 471,000
Stevens Estate Reserve 0
Debt Excluded Bonds/Notes 0
Other Available Funds 0
Total All Capital Projects 3,861,537
Article 12. Water Enterprise Fund Appropriation, Fiscal Year 2005.
UNANIMOUSLY VOTED that the Town appropriate the amount of$4,877,010, in aggregate,
for the purposes listed under the column "Fy05 recommendation: Town Manager, Board of
Selectmen, Finance Committee" without regards to individual line items, and to operate the
water enterprise fund, that $4,877,010 be raised from water receipts and from these receipts
$601,277 be transferred to the general fund for indirect expenses and repayment of a transfer
of funds from the General Fund to the Water Enterprise Fund in Fiscal Year 1999.
Article 13. Sewer Enterprise Fund Appropriation, Fiscal Year 2005.
UNANIMOUSLY VOTED that the Town appropriate the amount of$3,918,537, in aggregate,
for the purposes listed under the column "FY05 Recommendation: Town Manager, Board of
Selectmen, Finance Committee" without regard to individual line items, and to operate the
Sewer Enterprise Fund that $3,551,473 be raised from sewer receipts, that $367,064 be
transferred from sewer enterprise fund retained earnings, and from these sources of funds,
$209,488 be transferred to the general fund for indirect expenses.
Article 14. Stevens Estate at Osgood Hill Enterprise Fund Appropriation, Fiscal Year 2005.
UNANIMOUSLY VOTED that the Town appropriate the amount of $513,059, in aggregate,
for the purposes listed under the column "Fy05 recommendation: Town Manager, Board of
Selectmen, Finance Committee" without regards to individual line items, and to operate the
Stevens Estate at Osgood Hill Enterprise Fund that $475,000 be raised from Stevens Estate
receipts, that $38,059 be transferred from Stevens Estate at Osgood Hill Enterprise Fund
retained earnings, and from these sources of funds, $85,959 be transferred to the general fund
for indirect expenses.
Article 15. Establishment of Revolving funds.
UNANIMOUSLY VOTED to authorize the use of a revolving escrow fund for the Fiscal Year
2005 pursuant to chapter 44 section 53 a (1/2) of Massachusetts General Law for the funds and
purposes presented in the article, and that the total amount of expenditures for each revolving
fund not exceed the amount detailed under the column "FY2005 limit."
REVOLVING ACCOUNTS
Account Revolving Spending FY 2005
Number Fund Authority Use of Funds Revenue Source Limit
Participants fees,
Grants,
Donations, and
All programs and related
Youth Director activities, expense, Fundraising
022-5423-3437 Services CD & S part time help proceeds $ 250,000
Field rental fees,
Grants,
Donations, and
Field maintenance, related
Field Director upgrade and related Fundraising
New Maintenance DPW expenses proceeds $ 20,000
Participants fees,
Grants,
Donations, and
related
Elder Director Senior programs, Fundraising
022-5590 Services CD & S classes and activities proceeds $ 50,000
Clinic participant
fees, Grants,
donations,
related
Health Dept Director Clinic supplies and Fundraising
022-5102 Revolving CD & S other expenses proceeds $ 20,000
Wheelabrator
Wheelabrator Director Air quality Host Service
022-4306 Planning CD & S monitoring Agreement $ 25,000
Director Wheelabrator
Wheelabrator CD & S To enforce Trash Host Service
022-4307 Public Safety Truck regulations Agreement $ 20,000
Wheelabrator Director Protection of health, Wheelabrator
-Health CD & S safety,monitoring air Host Service
022-4308 quality Agreement $ 40,000
Revolving Accounts (Massachusetts General Law Chapter 44, Section 531/2
Account Revolving
Number Fund Balance FY03 FY03 Balance Receipts to Expenditures Balance
7/1/02 Receipts Expenditures 6/30/03 12/31/04 to 12/31/03 12/31/03
Youth
022-5423 Services $ 160,124 $ 231,522 $ (183,402) $ 208,244 $ 63,826 $ (137,586) $ 134,484
Field
new Maintenance $ - $ - $ - $ - $ - $ - $ -
022-5590 Elder Services $ 21,496 $ 15,033 $ (32,557) $ 3,972 $ 7,285 $ (2,493) $ 8,764
022-5102 Health Dept $ 11,332 $ 8,091 $ (4,707) $ 14,716 $ 7,235 $ (3,846) $ 18,105
Wheelabrator
022-4306 Planning $ 81,821 $ 25,000 $ (28,874) $ 77,947 $ 25,000 $ - $ 102,947
Wheelabrator
022-4307 Public Safety $ 50,000 $ 11,800 $ (14,139) $ 47,661 $ 7,500 $ (37,911) $ 17,250
Wheelabrator
022-4308 Health $ 74,812 $ 37,029 $ (18,476) $ 93,365 $ - $ (66,101) $ 27,264
ARTICLE 16. APPROPRIATION OF FUNDS FOR SECURING VETERANS AND
INDIGENT LOTS FROM RIDGEWOOD CEMETERY ASSOCIATES.
UNANIMOUSLY VOTED TO "TAKE NO ACTION" ON ARTICLE 16.
ARTICLE 17. REPORT OF THE COMMUNITY PRESERVATION COMMITTEE AND
APPROPRIATION FROM THE COMMUNITY PRESERVATION FUND.
VOTED BY CLEAR MAJORITY to receive the report of the Community Preservation
Committee and that the Town will raise and appropriate from the Community Preservation
Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44b,
$2,615,834 to be spent under the direction of the Community Preservation Committee as
follows:
Article 17 - List of Proposed Community Preservation Committee Appropriations
DESCRIPTION AMOUNT CATEGORY
a) Machine Shop Village—Master Plan $22,000 Historic Resources
b) Preservation of Historical Town Records $30,000 Historic Resources
c) Stevens Library Stairs (Phase 2) $46,000 Historic Resources
d) North Parish Church— Steeple and Foundation $141, 670 Historic Resources
Restoration
e) Stevens Estate—Fire Protection System $319,000 Historic resources
f) Sharpners Pond Fields - Baseball $25,000 Recreation/Open
Space
g) Grogan Playground $25,000 Recreation
h) Half Mile Hill Summit—Principal/Interest $500,000 Open Space
i) Half Mile Hill—Principal and Interest $775,000 Open Space
j) Carter Hill—Principal and Interest $525,164 Open Space
k) Reserve for Affordable Housing $202,000 Affordable Housing
L) Administration $5,000 Administration and
Operating Expenses
Article 18. Acquisition of Land — the Land, Open Fields and Woodland on the Shore of Lake
Cochichewick known as the Kettenbach Property and also "Half Mile Hill Summit".
VOTED BY TWO-THIRD VOTE DECLARED BY THE MODERATOR that the Town
appropriate $2,650,000 for the acquisition by purchase or eminent domain of a parcel of land of
approximately 30 acres of land owned by Michael L. Kettenbach, as described on Assessor's Map
35, parcels 24, 25, 33, and 34, and map 36, parcel 21, to be managed and controlled by the
Conservation Commission of the Town of North Andover in accordance with Chapter 40, Section 8c
for conservation and passive recreation purposes, and to meet said appropriation the treasurer with
the approval of the Board of Selectmen is authorized to borrow $2,650,000 in accordance with
Massachusetts General Laws chapters 44 and/or 44b, the Community Preservation Act, or any other
enabling authority, and to issue any bonds or notes that may be necessary for that purpose, and that
the town manager be authorized to file on behalf of the town of North Andover any and all
applications deemed necessary under the Self-Help Act (Chapter 132a, section 11) or any other
applications for funds in any way connected with the scope of this acquisition, and that the Town
Manager and the Board of Selectmen and the Conservation Commission be authorized to enter into
all agreements and execute any and all instruments, including a permanent deed restriction in
accordance with General Laws Chapter 184 and take any other action as may be necessary on behalf
of the Town of North Andover to effect said purchase.
ARTICLE 19. Acquisition of Land - Lake Front Property Great Pond Road adiacent to
Water Treatment Plant. UNANIMOUSLY VOTED to appropriate from Water Enterprise
Retained Earnings $70,000 to acquire, for the purposes of watershed protection and the possibility of
expanding the water treatment plant at the discretion of the Board of Selectmen, by gift, purchase, or
eminent domain approximately 2.1 acres of land adjacent to the Water Treatment Plant on Great
Pond Road which is a portion of land known as Map 37A, Parcel 2 shown as Parcel "A" on a plan
entitled, "Proposed Land Transfer Plan" dated 3/12/04, scale 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 and take any
other action necessary on behalf of the Town of North Andover to effect said acquisition.
Article 20. Amend Section 8.8—Adult Use Zone of the Zoning Bylaw.
UNANIMOUSLY VOTED TO "Take No Action" on Article 20.
Article 21. Procedure for Review of Proposed Trash Transfer Facility Agreement. VOTED
BY MAJORITY THAT the Town Meeting reject the proposed Host Agreement, between the Town
of North Andover and Thomson Brothers Industries, Inc. (TBI) and affiliates, executed by the
Chairman of the Board of Selectmen in October 2003 and that Town Meeting require that any future
proposed host agreement be developed in full compliance with the provisions set forth in the Town
Charter and in a manner that allows for full public discussion of any and all issues that may result
from such proposed Host Agreement.
VOTED TO TAKE ARTICLE 29 OUT OF ORDER. YES 95 NO 91
Motion to adjourn until Tuesday May 11, 2004 AT 7:OOPM in the North Andover High School
Auditorium
Article 22. Planning Board Study of Land North of Route 125 and Sutton Street.
UNANIMOUSLY VOTED TO adopt Article 22 as printed in the warrant with the
following amendments:
Amendment by Mark J. T. Caggiano: Unanimously Voted to replace in all instances "Planning
Board" with"Zoning Task Force".
Amendment by Robert Ercolini: After paragraph 2 insert the following text:
All reports and relevant supporting computer work files issued by this committee shall be
made available through the Town of North Andover Web Site in a timely manner that does not
interfere with the work of the Committee: YES 98 NO 84
Article 22 to read as follows:
Article 22. Planning Board Study of Land North of Route 125 and Sutton Street.
UNANIMOUSLY VOTED that the Town of North Andover request the Zoning Task Force 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 Zoning Task Force 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 Zoning Task Force shall make its recommendations resulting
from the study available sixty days prior to the May 2005 Annual Town Meeting
All reports and relevant supporting computer work files issued by this committee shall be
made available through the Town of North Andover Web-Site in a timely manner that does not
interfere with the work of the Committee.
Article 23. Tax Increment Financing Plan — 1600 Osgood Street (Former Lucent
Technologies).
VOTED BY MAJORITY VOTE that the Town approve a proposed 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 proposed
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 3E, Chapter 40, Section 59, and Chapter 59, Section 5 and pursuant to 760 CMR 22.00
and 402 CMR 2.00. In return for such tax benefits, in accordance with the proposed TIF Plan, the
owner of the property shall ensure at the above property the location and expansion of
manufacturing, research and development or other like uses which increase job creation, provide
higher property values, and retain and/or expand industry in the Town and the Commonwealth, and
That the Town approve a Tax Increment Financing Plan (TIF) with 1600 Osgood Street, LLC that
has the following components:
1. Term: 20 years
2. Schedule: The following exemption percentages will apply:
Year 1: 90% Year 6: 70% Year 11: 25% Year 16: 1%
Year 2: 90% Year 7: 65% Year 12: 20% Year 17: 1%
Year 3: 85% Year 8: 60% Year 13: 15% Year 18: 1%
Year 4: 80% Year 9: 55% Year 14: 10% Year 19: 1%
Year 5: 75% Year 10: 50% Year 15: 5% Year 20: 1%
3. Acceptable Uses: The TIF will remain in effect as long as at least 70% of the total net
occupied space is occupied by firms engaged in commercial or manufacturing uses.
Warehousing or distribution uses are outside of the town's definition of commercial or
manufacturing uses. The town will consider as a commercial/industrial use those ware-
housing or distribution uses that are appurtenant and essential to a user predominantly
engaged in commercial or industrial uses at the site, defined on a square foot basis.
4. TIF Zone: The TIF Zone will consist of Assessors Map 34, Parcel 17. Any new
buildings on Parcel 17 would receive tax benefits associated with the TIF in the event that the
Town of North Andover Board of Selectmen and the Planning Board, at their sole discretion,
approve this building as contributing net economic benefit to the town without significant
adverse impact. 1600 Osgood Street, LLC would petition these Boards to obtain their
approval. Such approvals would be outside and independent of any other approvals that the
town would consider in its ordinary processes of reviewing and approving real estate
development.
5. TIF Commencement: The TIF would commence in FY2006, pending approval from the
Commonwealth that such a commencement is compatible with TIF regulations.
6. Other Conditions:
a. Until November 1, 2007, at no cost to the town, 1600 Osgood Street, LLC will make
available and maintain the recreational fields currently utilized by the official Town of North
Andover youth leagues, specifically soccer and little league. After this initial period, the use of
the fields will renew on an annual basis so long as the fields remain.
b. 1600 Osgood Street, LLC will encourage future tenants to join the Merrimack Valley
Transportation Management Association.
c. 1600 Osgood Street, LLC, for a period of up to 10 years, shall provide 5,000 square feet of
office space for municipal purposes rent free. In addition office furniture can be made available
for use within the space. The exact location of said office space to be determined upon further
review of the space available at the time of the request. In addition, 1600 Osgood Street, LLC
will allow the Town to use the auditorium.
And that the Board of Selectmen are authorized to enter into any and all agreements and submit
any and all applications to the Commonwealth of Massachusetts necessary to implement this TIF
plan.
Article 24. Petition the General Court to Change the Name of the Town of North Andover.
To see if the Town will vote to authorize the Board of Selectmen to Petition the General Court to
change the official name of the Town of North Andover to "Olde Andover".
Motion to Adopt Article 24 was defeated by Majority Vote.
Article 25. Amend Town By-laws Chapter 17- Finance - Add New Section to Establish
Committee to Develop Revenue and Fixed Expense Proiections for the Town's Annual
Operating Budget. UNANIMOUSLY VOTED to amend the general bylaws (Code of the Town
of North Andover), Chapter 17, Finance, by adding the following new section:
Section 17-9: Revenue/Fixed Costs Review Committee
There is hereby created a committee to advise the town manager on revenue, other financial sources
and fixed costs projections for town operating budgets. The Committee shall consist of two finance
committee, the School Superintendent, the Director of Finance and Administration, and the Town
Accountant. 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.
All reports and relevant supporting computer work files issued by this committee shall be made
available through the Town of North Andover Web Site in a timely manner that does not interfere
with the work of the committee. (Amended by Robert Ercolini—YES 98 —NO — 84)
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.
Article 26. Amend Chapter 59 General Bylaws — Add New Section 7 - Presentation of
Budget Articles. UNANIMOUSLY VOTED that the Town amend the general bylaws (Code of
the Town of North Andover), Chapter 59, Town Meeting, by adding the following new section:
Section 59-7: For any budgetary articles for the general fund, enterprise funds or capital projects
(including amendments to previously approved budget articles) the Finance Committee motions
shall consist only of a reading of the main motion without explanation. Pursuant to Section 9-3-3 of
the Town Charter, the Board of Selectmen or their designee shall then present to the Town Meeting a
report explaining the Selectmen's proposed budgets or budget amendments including a summary of
revenue or other financing sources projections and recommended expenditures. To the extent that
the Board of Selectmen's recommended budget differs from the Finance Committee motion, the
Board of Selectmen shall move to amend the Finance Committee main motion.
Article 27. Petition the General Court - Amend Chapter 2 Section 2 of the Charter for the
Town of North Andover-Warrants. VOTED 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 (SEVENTY-FIVE) days, but at least (40)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.
YES 193 NO 1
Article 28. Petition the General Court - Amend Chapter 2 Section 4 of the Charter for the
Town of North Andover-Warrants. UNANIMOUSLY VOTED to Petition the General Court
to amend Chapter 2 Section 2-4 Warrants of the Charter for the Town of North Andover by deleting
section 2-4 which now reads:
2-2-4 The warrant for each special town meeting town shall be published in a newspaper of
general circulation within the town at least seven days prior to the meeting.
And vote to further amend by adding a new section 2-4 to read: The warrant for each Special
Town Meeting shall have a summary of each article prepared by the Town Clerk, published in a
newspaper of general circulation at least seven days prior to the meeting. Said publication shall
contain where copies of the full warrant text can be obtained, viewed, or requests for mailing be sent.
Article 29. Petition the General Court-Amend Chapter 7 Section 8-1 Board of Health of
the Charter for the Town of North Andover. VOTED to retain the membership of the North
Andover Board of Health to three members one member of which shall be a licensed physician in
the Commonwealth of Massachusetts.
VOTE ON AMENDMENT YES 158 NO 13
Article 30. Accept Provisions of Chapter 137 (Section 1) of the Acts of 2003 —Public
Employees Serving in the Armed Forces of the United States. UNANIMOUSLY VOTED that
the Town accept the provisions of Chapter 137 (Section 1) of the Acts of 2003.
Article 31. Accept the Provisions of Massachusetts General Laws Chapter 41, Section 100B
— Indemnification of Retired Police Officers and Firefighters. UNANIMOUSLY VOTED that
the Town accept the provisions of Massachusetts General Laws Chapter 41, Section 100B.
Article 32. Amend Chapter 115 Section 5 of the Town of North Andover By Laws "Garbage,
Rubbish and Refuse" - Refuse Restricted Activity. MAJORITY 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 and the Town of North Andover directs its contracted waste hauler
or any party responsible for municipal waste pickup not to pick up visible recycling at curbside, and
these items will include the items in the following paragraphs:
To insert the following paragraph at the end of Section 115-5:
Single Resin Narrow necked plastic — All narrow-necked plastic containers of any resin
type. In narrow-necked containers the diameter of the opening is smaller than the diameter
of the base (e.g., a soda bottle is "narrow-necked", but a yogurt container is not).
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)
A vote to reconsider all articles not previously reconsidered was denied.
The meeting adjourned at 10:37 PM until Monday May 17, 2004 at the North Andover
High School Auditorium.
Article 33. Petition the Legislature-Amend Town Charter — New Section 10 — Citizen
Participation Mechanisms (Right of Initiative Petition and Right of Referendum). To see if
the Town will vote to authorize the Board of Selectmen to petition the Massachusetts Legislature to
Amend Chapter 2 of the Charter for the Town of North Andover by adding the following section as
described below, beginning with Section 10 Citizen Petition Mechanisms; or take any other action
relative thereto.
Furthermore, this Amendment will be subsequently subject to approval by a favorable vote of the
inhabitants of the Town of North Andover qualified to vote in elections and town affairs, at the next
annual town election after Legislative approval. The question approving the Amendment shall
appear on the ballot substantially the same as outlined in MGL, Chapter 4313: Section 11.
Section 10 Citizen Participation Mechanisms
2-10-1 Right of Initiative Petition; Initiative Procedures.
Registered voters of the town may, by initiative petition propose to any annual or special town
meeting the passage of a measure and, if such measure not be passed by said town meeting, may
cause such measure to be submitted to the voters of the town for their approval thereof as hereinafter
provided. However, no measure shall be proposed by initiative petition hereunder which: (1) makes
a specific appropriation of money from the treasury of the town 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) proposes 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 be
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. Action under an initiative article
shall be taken by majority, two-thirds or such other vote 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. The Board of
Selectmen shall forthwith send such signatures to the Board of Registrars for certification.
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, and the Board of Registrars
having certified the required number of signatures, the Selectmen shall issue a call for a special
election, which shall be held within thirty five days after the issuing of that call, for the purpose of
presenting to the voters the measure proposed in the initiative petition which has been acted upon
unfavorably by the town meeting, and any alternative measure which may have been adopted by the
town meeting, provided, however, that the election shall not be held during the exclusionary period
from June 30th to September 7th. In the event a special election has been scheduled during this
exclusionary period for other reasons, then the exclusionary period will not apply and the special
election for the initiative petition measure will be held on the same date as the other scheduled
special election. Both the initiative petition measure and 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 town meeting.
If a majority of the voters shall vote in the affirmative, with at least twenty percent of registered
voters voting, on either the initiative article motion or upon the alternative motion, the measure
voted upon in the affirmative by the number of voters thus required, or the measure receiving the
larger number of votes if conflicting measures are approved shall take effect immediately or at such
later time as may be specified in the measure, or if it be a by-law subject to the approval of the
Attorney General, it shall take effect subject to Section 32 of Chapter 40 of the General Laws;
provided, however, that any measure the passage of which shall by law require a two-thirds
affirmative vote in a town meeting shall, if proposed by an initiative petition, or if it be an alternate
measure adopted by the town meeting, shall require the affirmative vote of two-thirds of the voters
voting at the special election called under this section. Any 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 ten 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 or
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 number of 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 per cent 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 at seven o'clock in the morning and shall be closed
not earlier than eight o'clock in the evening, and all votes upon any questions so submitted 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 the town meeting whereby it was voted (brief
description of the substance of the vote and by what vote thereon if such vote was tabulated)?" If
such petition is not filed within the period of ten days, the vote of the town meeting shall become
operative and effective upon the expiration of said period. Absent voter ballots shall be used at such
election in accordance with the provisions of chapter fifty-four.
ARTICLE 33 DEFEATED AS MOVED BY ALBERT F. MOVSESIAN.
Article 34. Amend Chapter 170 (Underground Utilities) of the General Bylaws by
Expanding the Definition of Old Common Area. UNANIMOUSLY VOTED to amend
paragraph D of Section 3 of Chapter 170 — Underground Utilities Bylaw by inserting after "Old
Common" the words "Area: along the former Essex Street from Academy Road to Great Pond
Road;"; or to take any other action relative thereto.
Chapter 170, Section 3, Paragraph D now reads:
D. Old Common: along Osgood Street from Bay State Road to the intersection of
Andover Street. Along Andover Street from Academy Road to the intersection with
Chestnut Street, along Massachusetts Avenue from 200 feet northwest of the
intersection with Osgood Street through the Old Center to Salem Street and Johnson
Street to Milk Street and along Great Pond Road from Academy Road 200 feet to the
east toward Stevens Street. [Added by Article 21 2001 Annual Town Meeting.
Approved by Attorney General September 12, 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]
Article 35. Petition the General Court - Authorization of Utility Easement — Drummond
Playground. UNANIMOUSLY VOTED 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.
Article 36. Petition the General Court - Authorization of Utility Easement — Town Common
Area. UNANIMOUSLY VOTED to authorize the Board of Selectmen to grant a utility easement
to Massachusetts Electric Company and Comcast of Massachusetts on a parcel of land situated on
the northeasterly side of Osgood Street, the southwesterly side of Massachusetts Avenue, and the
northerly side of Andover Street, being shown on Assessor's Map 59 as Lot 19 with the easement
being shown on a plan described as "North Andover OH to UG Commons Project" which is on file
with the Town Clerk's office on such terms as the Selectmen deem to be in the best interest of the
Town of North Andover and authorize a petition to the Massachusetts Legislature for special
legislation to accomplish the foregoing.
Article 37. A Plan for Beaver Control and Associated Bylaw.
UNANIMOUSLY VOTED that the Town amend the General Bylaws of the Town of North
Andover by inserting a new Chapter 73 — Beaver Bylaw — Protection From Damage Due to
Beaver Dams and Blockages to read as follows:
CHAPTER 37
BEAVER BYLAW—PROTECTION FROM DAMAGE DUE TO BEAVER DAMS AND
BLOCKAGES
Section 73.1: Purpose
The Town of North Andover hereby enacts this Bylaw, in strict compliance with Massachusetts
General Laws Chapter 131, Section 80A, as amended ('Section 80A'), and all other applicable
Federal and State laws, rules, and regulations (altogether, the `Rules'), for the efficient protection of
human health and safety and public and private property from damage resulting from beaver or other
animal-related dams and blockages.
Section 73.2: Board of Health Responsible
This bylaw affirms the above Rules and specified processes and directs that the Rules be followed in
their word and their intent in the Town of North Andover. The emphasis shall be on creating an
implementation that, consistent with the Rules, is effective and efficient and minimally burdensome
on the Town and its residents and property owners over both the short and the long term. The North
Andover Board of Health shall take a leadership role and primary responsibility in defining and
managing that implementation.
Section 73.3: Clarify interpretation of Section 80A
The Board of Health will actively work to formally clarify the meaning of any portions of Section
80A about which there is doubt or differing interpretation, consistent with other applicable laws,
rules, regulations, and judicial decisions in Federal and State courts.
Section 73.4: Responsibility of Property Owners
It shall be the duty of each property owner to manage any dams or blockages on their property in
accordance with all applicable laws, rules, and regulations, and so as to minimize or eliminate
damage or threat to human health and safety of others.
Section 73.5: Town as Property Owner
As property owner, the Town is responsible for the management of dams or blockages on Town
property.
Section 73.6: Board of Health to Notify Responsible Parties
In cases where the Board of Health determines, consistent with Section 80A, that there is a threat to
human health or safety due to a dam or blockage on a particular property, the Board will
immediately notify the property owner and direct that the property owner immediately resolve the
problem consistent with Mass. General Laws Chapter 111, Section 123.
Section 73.7: Town Departments as Specialists
The Board of Health and the Conservation Commission will actively assist in the resolution of
difficulties between property owners around these issues, and assist and provide guidance to private
property owners in the management of their own difficulties in this regard.
Section 73.8: Long Term Site Management Plans
The Board of Health, working with the Massachusetts Division of Fisheries and Wildlife (DFW),
will take an active, leadership role in the development and approval of a comprehensive, practical,
long term management plan for each site where there is determined to be an issue within the scope of
Section 80A.
The Town will store all such plans, make available copies for use in other situations where a plan is
being developed, and provide copies at cost whenever requested; preferably also making all such
plans freely available on the Town website for easy reference.
A long term plan shall be for a site, not an individual. As such, a long term plan may run with the
land.
All persons to whose property access is required to implement a long term plan, or whose property is
affected by the problem, may be a part of the preparation of and agreement to such plan.
A long term plan shall be for the foreseeable future, although any plan is modifiable whenever the
need arises. Such plans shall be written and shall be specific about what is to be done, who is
responsible, the geographic area of the site, and what inspections are to be performed to verify that
the plan is being followed.
A long term plan should strive to minimize the number of other permits required to be obtained and
kept in effect.
Section 73.9: Sewer Pumping Stations
In addition to continuing to work together for the protection of our sewer pumping stations and our
water supply, the Division of Public Works and the Water and Sewer Departments (herein
DPW+W+S) shall be knowledgeable about all waterways near or affecting sewer pumping stations.
The DPW+W+S shall proactively address any site where a dam or blockage is likely to impact a
sewer pumping station.
Section 73.10: Fees
The Board of Selectmen is authorized to establish a comprehensive fee schedule under this bylaw.
Said fee schedule, to the extent allowed by law, shall supersede related fee schedules established by
other town departments and/or boards. The intent of this section is to establish one unified fee
structure relating to beaver control.
Section 73.11: Severability
If any provision of this bylaw is determined to be invalid, such determination shall not affect the
validity of the other provisions of this bylaw, which other provisions shall remain in full force and
effect.
Article 38. Amend Zoning Bylaw— Section 4.2 Phased Development. UNANIMOUSLY
VOTED to amend the Zoning Bylaw of the Town of North Andover by deleting Section 4.2 Phased
Development in its entirety and replacing it with the following:
4.2 Phased Development By-law
1. Intent and Purpose.
The purpose of this section is to ensure that development occurs in North Andover in a strategic,
orderly and planned manner that allows for the preparation and maintenance of high quality
municipal services for an ever-expanding residential population, while at the same time allowing
reasonable residential development during such preparation that does not infringe on the quality
of life or municipal services provided for the residents of the Town of North Andover, in order to
provide for high quality and reliable municipal services such as, but not limited to, fire and
police protection, educational facilities and programs and available clean water resources. This
section establishes a strategic development rate consistent with recent historical average
development rates for residential development in order to ensure that development occurs in an
orderly and planned manner as it relates to the Town's ability to provide high quality and
effective services for its citizens and protect its resources necessary for sustaining the present and
future quality of life enjoyed by its citizens.
2. Definitions.
For the purposes of this Bylaw, the following terms shall have the following meaning:
(a) "Anniversary date" for each subdivision, special permit, or contiguous Form A lots under
this provision shall be no earlier than the date on which all required approvals required for a
building permit have been obtained.
(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
substantial common ownership, regardless of form, at any time on or after the date of
adoption of this bylaw, for which one or more building permits are sought.
(d) "Phased Development Schedule" shall mean a schedule authorized by the Planning Board or
its authorized designee in accordance with this Section, which outlines the maximum
building permit issuance per development.
3. Regulations.
(a) Beginning on the effective date of this section, no building permit for a new residential
dwelling unit or units shall be issued unless in accordance with the regulations of this section,
or unless specifically exempted in Section 6 below, or by the provision of MGL, s. 40A, c. 6.
(b) The regulations of this section shall apply to all definitive subdivision plans, subdivisions not
requiring approval, contiguous Form A lots held in common or related ownership on the
effective date of this by-law, site plan review applications, and special permits, which would
result in the creation of a new dwelling unit or units. Dwelling units shall be considered as
part of a single development for purposes of development scheduling if located either on a
single parcel or contiguous parcels of land that have been in the same ownership at any time
on or subsequent to the date of adoption of this section.
(c) For all building lots/dwelling units covered under Subsection 3(b), the Planning Board is
authorized to approve a Phased Development Schedule for that lot/unit in accordance with
Section 4a.
(d) The request for authorization of a Phased Development Schedule shall be made on forms
provided by the Planning Board. Requests will include any and all information necessary to
demonstrate eligibility and compliance with these regulations.
(e) No building permits for new dwelling units shall be issued until the Phased Development
Schedule has been recorded in the Essex County Registry of Deeds and a certified copy of
the Phased Development Schedule has been filed with both the Planning and Building
Departments.
(f) Upon transfer of any lot or unit subject to this section, the deed shall reference the Phased
Development Schedule and state the earliest date on which construction may be commenced
in accordance with the provision of this bylaw.
(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 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 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.
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 sole and
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 in perpetuity 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 in perpetuity 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, and as determined and approved by
the North Andover Planning Board with the surplus land equal to at least ten buildable acres
and permanently designated as open space and/or farmland. The land to be preserved shall
be protected from development by an Agricultural Preservation Restriction, Conservation
Restriction, and dedication to the Town, or other similar mechanism approved by the
Planning Board that will ensure its protection.
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 39. Amend Zoning Bylaw—Delete Section 8.7 Growth Management.
UNANIMOUSLY VOTED to adopt Article 39 as printed in the warrant and delete Section 8.7
Growth Management Bylaw of the North Andover Zoning Bylaw.
Article 40. Amend Zoning Bylaw Sections 4.122 Residence 4 District (Permitted Uses),
Paragraph 14.
VOTED to adopt Article 40 as printed in the warrant with the following amendment: Delete
in 4.122.14 Residential 4 District Section C. 9. "Main entrances to the dwelling units shall be
permitted only in the front of the structure".
4.122.14 Residence 4 District (Permitted Uses)
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.
8.
i.) 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.
ii.) The conversion of a one-family dwelling to a two-family dwelling
must not significantly increase or decrease the pitch of any additional
post-conversion roof area.
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.
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.
VOTED MAY 17, 2004 YES 146 NO 17
Article 41. Amend Zoning Bylaw Section 9.3 Pre-Existing Non-conforming Single and Two
Family Residential Structures and Uses in the Residential 1, Residential 2, Residential 3,
Residential 4 and Residential 6 Districts (NON-CONFORMING USES). VOTED to amend
Section 9.3 of the North Andover Zoning Bylaw by changing the phrase "pre-existing non-
conforming single and two family residential structures" to "pre-existing non-conforming single
family residential structures" in titles and text in five (5) places, thus eliminating pre-existing non-
conforming two family residential structures from the provisions of this section. Amended Section
9.3 to read as follows 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,
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 9.31 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.
VOTED MAY 17, 2004 YES 126 NO 12
Article 42. Amend Zoning Bylaw Add New Section 4.3 Section Residential Adaptive Re-Use
Special Permit. UNANIMOUSLY VOTED 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;
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 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 9.3(5) 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.
Article 43. Amend Zoning Bylaw Section 4.137 Delete and Replace with FEMA Lan2ua2e.
UNANIMOUSLY VOTED 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:
Amended Section 4.137 to read:
4.137 Floodplain District
1. STATEMENT OF PURPOSE
The purpose of the floodplain District is to:
Ensure public safety through reducing the threats to life and personal injury.
Eliminate new hazards to emergency response officials;
Prevent the occurrence of public emergencies resulting from water quality, contamination, and
pollution due to flooding.
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;
Eliminate costs associated with the response and cleanup of flooding conditions;
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
Floodway Data. In Zone A, AH, A99 and AE, along watercourses that have not had a regulatory
floodway designated, the best available Federal, State, local or other floodway data as determined by
the Building Inspector, in consultation with the Director of the Division of Public Works, shall be
used to prohibit encroachments in floodways which would result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
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.
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:
Notify in a riverine situation, the following of any alteration or relocation of a watercourse:
Adjacent Communities
Bordering States
NFIP State Coordinator
Massachusetts Office of Water Resources
251 Causeway Street Suite 600-700
Boston, MA 02114-2104
4. NFIP Program Specialist
FEMA Region I, Rm. 462
J.W. McCormick Post Office & Courthouse
Boston, MA 02109
5. REFERENCE TO EXISTING REGULATIONS
The Floodplain District is established as an overlay district to all other districts. All development in
the district, including structural and non-structural activities, whether 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:
Section of the Massachusetts State Building Code which addresses Floodplain and coastal high
hazard areas (currently 780 CMR 3107.0 "Flood Resistant Construction");
Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310
CMR 10.00);
Inland Wetlands Restriction, DEP (currently 302 CMR 6.00);
Coastal Wetlands Restriction, DEP (currently 302 CMR 4.00);
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR
15, Title 5);
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
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 8 1 T
[or any revisions to the subdivision control law referencing the submission of preliminary or
definitive subdivision plans], respectively shall be designed so that: such proposals minimize flood
damage; all public utilities and facilities are located and constructed to minimize or eliminate flood
damage; and adequate drainage is provided to reduce exposure to flood hazards. Existing contour
intervals of site and elevations of existing structures must be included on plan proposal;
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:
Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
Forestry and nursery uses.
Outdoor recreational uses, including fishing, boating, play areas, etc.
Conservation of water, plants, wildlife.
Wildlife management areas, foot, bicycle, and/or horse paths.
Temporary non-residential structures used in connection with fishing, growing, harvesting, storage,
or sale of crops raised on the premises.
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, V1-
30, and VE.
DEVELOPMENT means any manmade change to improved or unimproved real estate, including but
not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations.
DISTRICT means floodplain district.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) and is completed
before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means
the preparation of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads).
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) means the agency that
administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area
mapping study program for communities as well as regulatory standards for development in the
flood hazard areas.
FLOOD BOUNDARY AND FLOODWAY MAP means an official map of a community issued by
FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods
and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included
on the FIRM.)
FLOOD HAZARD BOUNDARY MAP (FHBM) means an official map of a community issued by
FEMA where the boundaries of the flood and related erosion areas having special hazards have been
designated as Zone A or E.
FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community on which
FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable
to the community.
FLOOD INSURANCE STUDY (FIS) means an examination, evaluation, and determination of flood
hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation
and determination of flood-related erosion hazards.
FLOODWAY means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation.
LOWEST FLOOR means the lowest floor of the lowest enclosed area (including basement or
cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage in an area other than a basement area is not considered a building's lowest floor,
PROVIDED that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of NFIP Regulations 60.3.
MANUFACTURED HOME means a structure, transportable in one or more sections, which is built
on a permanent chassis and is designed for use with or without a permanent foundation when
connected to the required utilities. For floodplain management purposes the term "manufactured
home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for
greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not
include park trailers, travel trailers, and other similar vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION means, for floodplain management purposes, structures for which the
"start of construction" commenced on or after the effective date of a floodplain management
regulation adopted by a community. For the purpose of determining insurance rates, NEW
CONSTRUCTION means structures for which the "start of construction" commenced on or after the
effective date of an initial FIRM or after December 31, 1974, whichever is later.
NEW MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is completed on or after the
effective date of the floodplain management regulations adopted by a community.
ONE-HUNDRED-YEAR FLOOD - see BASE FLOOD.
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.
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.
Article 43. Amend Zoning Bylaw Section 4.137 Delete and Replace with FEMA Lan2ua2e.
UNANIMOUSLY VOTED 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:
Amended Section 4.137 to read:
4.137 Floodplain District
1. STATEMENT OF PURPOSE
The purpose of the floodplain District is to:
Ensure public safety through reducing the threats to life and personal injury.
Eliminate new hazards to emergency response officials;
Prevent the occurrence of public emergencies resulting from water quality, contamination, and
pollution due to flooding.
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;
Eliminate costs associated with the response and cleanup of flooding conditions;
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
Floodway Data. In Zone A, AH, A99 and AE, along watercourses that have not had a regulatory
floodway designated, the best available Federal, State, local or other floodway data as determined by
the Building Inspector, in consultation with the Director of the Division of Public Works, shall be
used to prohibit encroachments in floodways which would result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
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.
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:
Notify in a riverine situation, the following of any alteration or relocation of a watercourse:
Adjacent Communities
Bordering States
NFIP State Coordinator
Massachusetts Office of Water Resources
251 Causeway Street Suite 600-700
Boston, MA 02114-2104
4. NFIP Program Specialist
FEMA Region I, Rm. 462
J.W. McCormick Post Office & Courthouse
Boston, MA 02109
5. REFERENCE TO EXISTING REGULATIONS
The Floodplain District is established as an overlay district to all other districts. All development in
the district, including structural and non-structural activities, whether 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:
Section of the Massachusetts State Building Code which addresses Floodplain and coastal high
hazard areas (currently 780 CMR 3107.0 "Flood Resistant Construction");
Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310
CMR 10.00);
Inland Wetlands Restriction, DEP (currently 302 CMR 6.00);
Coastal Wetlands Restriction, DEP (currently 302 CMR 4.00);
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR
15, Title 5);
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
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 8 1 T
[or any revisions to the subdivision control law referencing the submission of preliminary or
definitive subdivision plans], respectively shall be designed so that: such proposals minimize flood
damage; all public utilities and facilities are located and constructed to minimize or eliminate flood
damage; and adequate drainage is provided to reduce exposure to flood hazards. Existing contour
intervals of site and elevations of existing structures must be included on plan proposal;
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:
Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
Forestry and nursery uses.
Outdoor recreational uses, including fishing, boating, play areas, etc.
Conservation of water, plants, wildlife.
Wildlife management areas, foot, bicycle, and/or horse paths.
Temporary non-residential structures used in connection with fishing, growing, harvesting, storage,
or sale of crops raised on the premises.
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, V1-
30, and VE.
DEVELOPMENT means any manmade change to improved or unimproved real estate, including but
not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations.
DISTRICT means floodplain district.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) and is completed
before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means
the preparation of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads).
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) means the agency that
administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area
mapping study program for communities as well as regulatory standards for development in the
flood hazard areas.
FLOOD BOUNDARY AND FLOODWAY MAP means an official map of a community issued by
FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods
and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included
on the FIRM.)
FLOOD HAZARD BOUNDARY MAP (FHBM) means an official map of a community issued by
FEMA where the boundaries of the flood and related erosion areas having special hazards have been
designated as Zone A or E.
FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community on which
FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable
to the community.
FLOOD INSURANCE STUDY (FIS) means an examination, evaluation, and determination of flood
hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation
and determination of flood-related erosion hazards.
FLOODWAY means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation.
LOWEST FLOOR means the lowest floor of the lowest enclosed area (including basement or
cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage in an area other than a basement area is not considered a building's lowest floor,
PROVIDED that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of NFIP Regulations 60.3.
MANUFACTURED HOME means a structure, transportable in one or more sections, which is built
on a permanent chassis and is designed for use with or without a permanent foundation when
connected to the required utilities. For floodplain management purposes the term "manufactured
home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for
greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not
include park trailers, travel trailers, and other similar vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION means, for floodplain management purposes, structures for which the
"start of construction" commenced on or after the effective date of a floodplain management
regulation adopted by a community. For the purpose of determining insurance rates, NEW
CONSTRUCTION means structures for which the "start of construction" commenced on or after the
effective date of an initial FIRM or after December 31, 1974, whichever is later.
NEW MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is completed on or after the
effective date of the floodplain management regulations adopted by a community.
ONE-HUNDRED-YEAR FLOOD - see BASE FLOOD.
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.
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.
Article 44. 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 below.
UNANIMOUSLY VOTED to `TAKE No Action on Article 44".
Article 45. Amend the North Andover Zoning Bylaw by Adding a New Section - Section 15
Planned Commercial Development District. UNANIMOUSLY VOTED 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 as
recommended in the Town of North Andover Master Plan in accordance the goals and
objectives in the Master Plan;
b. to allow a developer to propose a site development use and plan unique to a particular
location;
c. to provide under the special permit process a mechanism for the Planning Board to evaluate
the potential impacts of a proposed development;
d. to permit a development which is compatible with the character of the Town and which
benefits economic development of the Town;
15.2 PERMITTED USES
a. The following uses are permitted:
i. Walk-In Bank: A free standing building with its own parking lots and
excluding drive-through windows.
ii. Business and other 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 pursuant to this Section 15 of the
Bylaw;
15.2.1. PRINCIPAL USES
i. Hotel or Motel (limited to one in each 2,000 linear feet of street or highway as measured
along the frontage);
ii. Restaurants where the business primarily serves food to be consumed in within the
building excluding "fast food and drive through" establishments; A fast food and drive
through establishment is defined as a restaurant characterized by a large carryout
clientele; long hours of service [some are open for breakfast, all are open for lunch and
dinner, some are open late at night or 24 hours]; and high turnover rates for eat-in
customers.
iii. Retail uses, provided there is no outdoor storage or sale of materials or products;
15.2.2. ACCESSORY USES
ii. Eating and drinking establishments within an office building for use principally by those
employed within the structure;
iii. Private parking garages accessory to allowed principal uses;
iv. Indoor recreational facilities such as tennis and racquetball courts as an accessory to a
hotel or motel for use principally by the guests of the hotel or motel. Public
memberships to the recreational facilities are not allowed.
V. No other uses shall be allowed.
15.3 DIMENSIONAL 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: 150,000 s.f.
ii. Height Maximum: 35 feet (a hotel only may be constructed in height to a maximum of
(60 feet);
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 directly adjacent to a residential use where it is 100
feet with a 50 foot visual buffer)
vi. Rear setback: 50 feet (except when directly 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.
15.4 SPECIAL PERMIT GRANTING AUTHORITY
The Planning Board shall be the Special Permit Granting Authority (SPGA) for the issuance of
Planned Commercial Development District Special Permits. No structures shall be placed,
constructed or modified within the Planned Commercial Development District without first
obtaining a special permit from the Planning Board. This Bylaw is intended to be used in
conjunction with other regulations adopted by the Town, and other zoning and general bylaws
designed to encourage appropriate land use, environmental protection, preservation of the rural
character and the provision of adequate infrastructure development in North Andover
15.4.1 Procedures for Obtaining a Planned Commercial Development District Special Permit
in accordance with Section 15.
A. Pre-Application Conference
Prior to the submission of an application for a Planned Commercial District Special Permit, the
applicant is encouraged to confer with the Town Planner to obtain information and guidance
regarding the development of the parcel. After such initial consultation with the Town Planner, the
applicant may meet before the Planning Board at a public meeting. Such pre-application consultation
shall be informal, non-binding, and directed toward:
• Reviewing the basic concepts of the proposal;
• Reviewing the proposal with regard to the master plan and zoning bylaw;
• Explaining the state and local regulations that may apply to the proposal;
• Preliminary discussion shall not bind the applicant or the Board;
B. Submission of a Planned Commercial Development District Special Permit Application and
Plan:
1. Procedures:
i. The applicant shall file eight (8) copies of the Planned Commercial Development District
Plan, supporting materials, filing and outside engineering review escrow fees, and three
(3) copies of the form titled "Planned Commercial Development District Special Permit
Application" 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 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 hearing process and will receive comments from the public, other Town
Departments, and the applicant.
iii. The applicant must follow the procedures for obtaining a Special Permit as set forth in
Section 10.3 of the Zoning Bylaw.
iv. If applicable, the applicant must follow the procedures for Site Plan Review under
Section 8.3, Site Plan Review.
2. Submission Requirements:
The Planned Commercial Development District plan shall include all of the information required
under Section 8.3 (5) of the Zoning Bylaw in addition to the following:
3. Minimum requirements:
The Plan, at a minimum, shall be subject to the following conditions. The Planning Board 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.
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.
f. The project must meet the requirements of Section 8.10, Lot/Slope Requirements.
15.5 RELATION TO SUBDIVISION CONTROL ACT
Approval of a Planned Commercial Development District 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
Article 45. Amend the North Andover Zoning Bylaw by Adding a New Section - Section 15
Planned Commercial Development District.
UNANIMOUSLY VOTED to adopt Article 45 as printed in the warrant with the following
amendments:
Delete the language of section 15.2 b. Which reads "the following uses are allowed only by
special permit pursuant to this section 15 of the bylaw" and relocate it to a new section 15.2.1.
A.
Include art gallery and funeral parlor as an allowed principal use in section 15.2.1. Art gallery
should be numbered as 15.2.1 (a.) (ii) and funeral parlor should be numbered 15.2.1 (a.) (iii).
Other uses should be renumbered accordingly.
Include the following use under principal uses, under section 15.2.1 (a) (vi) "one multi-family
structure per acre, not exceeding 12 units per structure, may be permitted". Deleted by Floor
Amendment
Under Section 15.4, Special Permit Granting Authority, revise the language of the second
sentence so as to now read "no structures associated with principal and accessory uses shall be
placed, constructed or modified within the Planned Commercial Development District without
first obtaining a Planned Commercial Development Special Permit from the Planning Board.
FLOOR AMENDMENT: Delete from the amended motion "Include the following use under
principal uses, under section 15.2.1 (a) (vi) "one multi-family structure per acre, not exceeding
12 units per structure, may be permitted".
FINAL VOTED TEXT OF ARTICLE 45
SECTION 15—Planned Commercial Development District
15.1 OBJECTIVES
The Planned Commercial Development District is intended:
e. to allow considerable flexibility under a special permit in the development of tracts of land as
recommended in the Town of North Andover Master Plan in accordance the goals and
objectives in the Master Plan;
f. to allow a developer to propose a site development use and plan unique to a particular
location;
g. to provide under the special permit process a mechanism for the Planning Board to evaluate
the potential impacts of a proposed development;
h. to permit a development which is compatible with the character of the Town and which
benefits economic development of the Town;
15.2 PERMITTED USES
C. The following uses are permitted:
iv. Walk-In Bank: A free standing building with its own parking lots and
excluding drive-through windows.
V. Business and other offices;
vi. All uses allowed in the R-4 Zoning District as set forth in Section 4.122 of the
Zoning Bylaw;
Delete the language of section 15.2 b. Which reads "the following uses are allowed only by
special permit pursuant to this section 15 of the bylaw" and relocate it to a new section 15.2.1.
A.
15.2.1. PRINCIPAL USES
15.2.1. (a). The following uses are allowed only by special permit pursuant to this Section 15
of the bylaw:
(i). Hotel or Motel (limited to one in each 2,000 linear feet of street or highway as measured
along the frontage);
(ii). Art gallery
(iii). Funeral Parlor
iv. Restaurants where the business primarily serves food to be consumed in within the
building excluding "fast food and drive through" establishments; A fast food and drive
through establishment is defined as a restaurant characterized by a large carryout
clientele; long hours of service [some are open for breakfast, all are open for lunch and
dinner, some are open late at night or 24 hours]; and high turnover rates for eat-in
customers.
V. Retail uses, provided there is no outdoor storage or sale of materials or products;
15.2.2. ACCESSORY USES
vi. Eating and drinking establishments within an office building for use principally by those
employed within the structure;
vii. Private parking garages accessory to allowed principal uses;
viii. Indoor recreational facilities such as tennis and racquetball courts as an accessory to a
hotel or motel for use principally by the guests of the hotel or motel. Public
memberships to the recreational facilities are not allowed.
ix. No other uses shall be allowed.
15.3 DIMENSIONAL REGULATIONS
a. Residential
Dimensional requirements for the R-4 zone shall be as set forth in Summary of
Dimensional Requirements (Table II)
d. Commercial:
X. Minimum Lot Size: 150,000 s.f.
xi. Height Maximum: 35 feet (a hotel only may be constructed in height to a maximum of
(60 feet);
xii. Street frontage: 300 feet
xiii. Front setback: 100 feet with the first 50 feet as a vegetative
xiv. Side setback: 50 feet (except when directly adjacent to a residential use where it is 100
feet with a 50 foot visual buffer)
xv. Rear setback: 50 feet (except when directly adjacent to a residential use where it is 100
feet with a 50 foot visual buffer)
xvi. Floor Area Ratio: 75:1
xvii. Lot coverage: maximum of 25%
xviii. Contiguous Buildable Area: 75% of minimum lot size.
15.4 SPECIAL PERMIT GRANTING AUTHORITY
The Planning Board shall be the Special Permit Granting Authority (SPGA) for the issuance of
Planned Commercial Development District Special Permits. No structures associated with
principal and accessory uses shall be placed, constructed or modified within the Planned
Commercial Development District without first obtaining a Planned Commercial Development
Special Permit from the Planning Board. This Bylaw is intended to be used in conjunction with
other regulations adopted by the Town, and other zoning and general bylaws designed to encourage
appropriate land use, environmental protection, and preservation of the rural character and the
provision of adequate infrastructure development in North Andover
15.4.1 Procedures for Obtaining a Planned Commercial Development District Special Permit
in accordance with Section 15.
A. Pre-Application Conference
Prior to the submission of an application for a Planned Commercial District Special Permit, the
applicant is encouraged to confer with the Town Planner to obtain information and guidance
regarding the development of the parcel. After such initial consultation with the Town Planner, the
applicant may meet before the Planning Board at a public meeting. Such pre-application consultation
shall be informal, non-binding, and directed toward:
• Reviewing the basic concepts of the proposal;
• Reviewing the proposal with regard to the master plan and zoning bylaw;
• Explaining the state and local regulations that may apply to the proposal;
• Preliminary discussion shall not bind the applicant or the Board;
B. Submission of a Planned Commercial Development District Special Permit
Application and Plan:
1. Procedures:
V. The applicant shall file eight (8) copies of the Planned Commercial Development District
Plan, supporting materials, filing and outside engineering review escrow fees, and three
(3) copies of the form titled "Planned Commercial Development District Special Permit
Application" 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.
vi. The Planning Board, within sixty-five (65) days from receipt of the plan by the Town
Clerk, shall 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 hearing process and will receive comments from the public, other Town
Departments, and the applicant.
vii. The applicant must follow the procedures for obtaining a Special Permit as set forth in
Section 10.3 of the Zoning Bylaw.
viii. If applicable, the applicant must follow the procedures for Site Plan Review under
Section 8.3, Site Plan Review.
2. Submission Requirements:
The Planned Commercial Development District plan shall include all of the information required
under Section 8.3 (5) of the Zoning Bylaw in addition to the following:
3. Minimum requirements:
The Plan, at a minimum, shall be subject to the following conditions. The Planning Board 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.
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.
f. The project must meet the requirements of Section 8.10, Lot/Slope Requirements.
15.5 RELATION TO SUBDIVISION CONTROL ACT
Approval of a Planned Commercial Development District 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 to take any other action relative thereto.
Petition of Alberto Angles and others
New Section 15 will now read:
Article 45. Amend the North Andover Zoning Bylaw by Adding a New Section - Section 15
Planned Commercial Development District. To see if the Town will vote to amend the North
Andover Zoning Bylaw by adding a new section, Section 15 Planned Commercial Development
District, as follows:
SECTION 15—Planned Commercial Development District
15.1 OBJECTIVES
The Planned Commercial Development District is intended:
i. to allow considerable flexibility under a special permit in the development of tracts of land as
recommended in the Town of North Andover Master Plan in accordance the goals and
objectives in the Master Plan;
j. to allow a developer to propose a site development use and plan unique to a particular
location;
k. to provide under the special permit process a mechanism for the Planning Board to evaluate
the potential impacts of a proposed development;
1. to permit a development which is compatible with the character of the Town and which
benefits economic development of the Town;
15.2 PERMITTED USES
e. The following uses are permitted:
vii. Walk-In Bank: A free standing building with its own parking lots and
excluding drive-through windows.
viii. Business and other offices;
ix. 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 pursuant to this Section 15 of the
Bylaw;
15.2.1. PRINCIPAL USES
vi. Hotel or Motel (limited to one in each 2,000 linear feet of street or highway as measured
along the frontage);
vii. Restaurants where the business primarily serves food to be consumed in within the
building excluding "fast food and drive through" establishments; A fast food and drive
through establishment is defined as a restaurant characterized by a large carryout
clientele; long hours of service [some are open for breakfast, all are open for lunch and
dinner, some are open late at night or 24 hours]; and high turnover rates for eat-in
customers.
viii. Retail uses, provided there is no outdoor storage or sale of materials or products;
15.2.2. ACCESSORY USES
X. Eating and drinking establishments within an office building for use principally by those
employed within the structure;
xi. Private parking garages accessory to allowed principal uses;
xii. Indoor recreational facilities such as tennis and racquetball courts as an accessory to a
hotel or motel for use principally by the guests of the hotel or motel. Public
memberships to the recreational facilities are not allowed.
xiii. No other uses shall be allowed.
15.3 DIMENSIONAL REGULATIONS
a. Residential
Dimensional requirements for the R-4 zone shall be as set forth in Summary of
Dimensional Requirements (Table II)
f. Commercial:
xix. Minimum Lot Size: 150,000 s.f.
xx. Height Maximum: 35 feet (a hotel only may be constructed in height to a maximum of
(60 feet);
xxi. Street frontage: 300 feet
xxii. Front setback: 100 feet with the first 50 feet as a vegetative
xxiii. Side setback: 50 feet (except when directly adjacent to a residential use where it is 100
feet with a 50 foot visual buffer)
xxiv. Rear setback: 50 feet (except when directly adjacent to a residential use where it is 100
feet with a 50 foot visual buffer)
xxv. Floor Area Ratio: 75:1
xxvi. Lot coverage: maximum of 25%
xxvii. Contiguous Buildable Area: 75% of minimum lot size.
15.4 SPECIAL PERMIT GRANTING AUTHORITY
The Planning Board shall be the Special Permit Granting Authority (SPGA) for the issuance of
Planned Commercial Development District Special Permits. No structures shall be placed,
constructed or modified within the Planned Commercial Development District without first
obtaining a special permit from the Planning Board. This Bylaw is intended to be used in
conjunction with other regulations adopted by the Town, and other zoning and general bylaws
designed to encourage appropriate land use, environmental protection, preservation of the rural
character and the provision of adequate infrastructure development in North Andover
15.4.1 Procedures for Obtaining a Planned Commercial Development District Special Permit
in accordance with Section 15.
A. Pre-Application Conference
Prior to the submission of an application for a Planned Commercial District Special Permit, the
applicant is encouraged to confer with the Town Planner to obtain information and guidance
regarding the development of the parcel. After such initial consultation with the Town Planner, the
applicant may meet before the Planning Board at a public meeting. Such pre-application consultation
shall be informal, non-binding, and directed toward:
• Reviewing the basic concepts of the proposal;
• Reviewing the proposal with regard to the master plan and zoning bylaw;
• Explaining the state and local regulations that may apply to the proposal;
• Preliminary discussion shall not bind the applicant or the Board;
B. Submission of a Planned Commercial Development District Special Permit
Application and Plan:
1. Procedures:
ix. The applicant shall file eight (8) copies of the Planned Commercial Development District
Plan, supporting materials, filing and outside engineering review escrow fees, and three
(3) copies of the form titled "Planned Commercial Development District Special Permit
Application" 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.
X. The Planning Board, within sixty-five (65) days from receipt of the plan by the Town
Clerk, shall 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 hearing process and will receive comments from the public, other Town
Departments, and the applicant.
xi. The applicant must follow the procedures for obtaining a Special Permit as set forth in
Section 10.3 of the Zoning Bylaw.
xii. If applicable, the applicant must follow the procedures for Site Plan Review under
Section 8.3, Site Plan Review.
2. Submission Requirements:
The Planned Commercial Development District plan shall include all of the information required
under Section 8.3 (5) of the Zoning Bylaw in addition to the following:
3. Minimum requirements:
The Plan, at a minimum, shall be subject to the following conditions. The Planning Board 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.
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.
f. The project must meet the requirements of Section 8.10, Lot/Slope Requirements.
15.5 RELATION TO SUBDIVISION CONTROL ACT
Approval of a Planned Commercial Development District 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.
Article 46. Amend Zoning Bylaw Section 3.1 Establishment of Districts
(Zoning Districts and Boundaries) — Adding Planned Commercial Development District and
Amending Table 1 and Table 2 of the Zoning Bylaw. UNANIMOUSLY VOTED to amend
the North Andover Zoning Bylaw by amending Section 3.1 Establishment of Districts, by adding
the term "Planned Commercial Development District" to the list of Districts; and amending Table
1 and Table 2 of the Bylaw to include the uses and dimensional requirements of the Planned
Commercial Development District as printed in the warrant with the following amendment:
Revise Table 1 so as to include Art Galleries and Funeral Parlors as allowed uses by
Special Permit and existing letters for all these uses should be replaced with SP*. The revised
Tables are:
TABLE 1
Permitted Use Residential Business
R 1,2,3 R4 VR R5 R6 B1 B2 B3 B4 VC GB I1
Agricultural Use* Y Y Y Y Y Y Y Y Y N Y Y
Art Gallery N N N N SP Y Y Y Y Y Y Y
Auto Service Station* N N N N N N Y* Y* N N Y* N
Auto&Vehicle Repair/Body Shop N N N N N N N N N N Y N
Bus Garage N N N N N N N N N N Y N
Business&Other Offices N N N N Y N* Y Y Y Y Y Y
Car Wash N N N N N N N N N Y Y N
Congregate Housing N SP 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
Eating&Drinking Establishment N N N N* SP* N* Y Y N* Y Y N*
Funeral Parlor N N N N SP N Y Y N Y Y N
Golf Course Y Y Y Y Y N N N N N N Y
Guest House N Y Y Y Y N N N N N N N
Independent Edlerly Housing Y 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
Indoor Ice Skating Facility N N N N N N N N N N N SP
Lumber,Fuel Storage or Contractor's Yard N N N N N N N N N Y Y N
Manufacturing* N N N N N N N N N N N Y
Medical Center* N N N N N N Y Y Y Y Y Y
Motel or Hotel N N N SP N N N N Y* N N N
Multi-Family Dwellings&Apts. N N Y** Y* Y Y SP N N N N N
Municipal Recreation Area Y Y Y N Y N N N N N N N
New Car Sales* N N N N N N N Y N N Y N
Non-Profit School 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
One-Family Dwelling Y Y Y Y Y Y N N N N N N
Personal Services N N N N* SP* Y Y Y N* Y Y N*
Places of Worship Y Y Y Y Y Y Y Y Y Y Y Y
* See detailed District Use Regulations
SP-With Special Permit Only
**Refer to Section 8.1(13)and 8.4
Note: This chart is for summary information purposes only and is not a substitute for the detailed district use regu
TABLE 2
TABLE
2
Res. Res. Res. Res. Village Res. Res. Bus. Bus. Bus. Bus. Village General Inc
1 2 3 4 Res. 5 6 1 2 3 4 Comm. Bus. 1
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 80,0
Height
Max(11) 35 35 35 35 35 35 35 35 35 35 60 40 45 55
Street Frontage
Min(11) 175 150 125 100 85 150 150 125 125 300 200 200 125 15,
Front Set Back
Min.(11) 30 30 30 30 25 30 25 30 25 100 50 50 25 5C
Side Set Back
Min.(11) 30 30 20 15 15 25 15 20 25 50 50 25 25 5C
Rear Set back
Min(11) 30 30 30 30 30 30 30 30 30 50 50 25 35 5C
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 0.5C
Lot Coverage
Max. N/A N/A N/A N/A N/A 20% 20% 30% 35% 30% 25% 25% 35% 35°,
Dwelling Unit
Multi-
Density Max/Acre N/A N/A N/A N/A 1/acre Family 9/acre N/A N/A N/A N/A N/A N/A N/i
Townhouse
Open Space 25%
-ies not to exceed 4011.
**Refer to Sections 8.1(13)and 8.4(6)
Please refer to footnotes for additional information
Article 47. Amend the North Andover Zoning Map — Parcels on Waverley Road and
Turnpike Street. UNANIMOUSLY VOTED to amend the Zoning Map of the Town of North
Andover for the following parcels fronting along Waverley Road and Route 114 (also known as
Salem Turnpike) and totaling approximately 5.3 acres. Said parcels consisting of ten residential
parcels; five fronting on Route 114, with street addresses of 21, 29, 35, 41 and 47; and five fronting
on Waverley Road with street addresses of 768, 782, 792, 802 and 814, all parcels as shown on the
North Andover Assessors Map 27; as parcels 16, 17, 18, 19, 20, 21, 23, 24, 25, 26. The amendment
of the Zoning Map for the aforementioned parcels shall be from the current zoning designation of
Residential 4 to be placed by the Zoning district Planned Commercial Development. Said parcels are
shown below.
Petition of Alberto Angles and others
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Article 47 Rezone R4 to PCD
Assessors Map 27 Parcels
16 17 18 19 20 21 23 24 25 26
VOTED MAY 17, 2004
Article 48. Amend Zoning May — Office Building 1060 Osgood Street Intersection of Route
125 and 133 — Assessors May 35 Parcel 29 from 12 (Industrial 2) to Business 2 (112).
UNANIMOUSLY VOTED 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).
Petition of Martin S. Cohen and others
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VOTED MAY 17, 2004
Article 49. Roadway Acquisitions: — Coachman's Lane, Concord Street, Easy Street,
Highland View Avenue, Morningside Lane and Russett Lane
To see if the Town will authorize the Board of Selectmen to acquire by gift, purchase, or eminent
domain the following ways:
Coachman's Lane (Off Great Pond Road). A way known as Coachman's Lane as shown on a
Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Coachman's
Lane, scale F=50', dated 9/1/03; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill,
MA 01830 on file with the Town of North Andover DPW; and to award no damages for said
eminent domain taking; or to take any other action relative thereto. The roadway is further described
as follows:
Beginning at a point at the southerly street line of Great Pond Road, thence running along a
curve to the left with a radius of 19.25 feet, 30.28 feet to a point of reverse curvature, thence
running along a curve to the right with a radius of 263.39 feet, 119.45 feet to a point of
tangency, thence running South 04°-02'-00" East, 100.00 feet to a point of curvature, thence
running along a curve to the right with a radius of 816.50 feet, 113.29 feet to a point of
reverse curvature, thence running along a curve to the left with a radius of 334.60 feet,
101.57 feet to a point of reverse curvature, thence running along a curve to the right with a
radius of 551.98 feet, 114.80 feet to a point of tangency, thence running South O1°-33'-30"
East, 162.00 feet to a point of curvature, thence running along a curve to the right with a
radius of 451.54, 305.39 feet to a point of reverse curvature, thence running along a curve to
the left with a radius of 151.53 feet, 256.89 feet to a point of tangency, thence running South
59°-56'-30" East, 210.00 feet to a point of curvature, thence running along a curve to the left
with a radius of 303.92 feet, 581.14 feet to a point of compound curvature, thence running
along a curve to the left with a radius of 100.00 feet, 12.22 feet to a point of reverse
curvature, thence running along a curve to the right with a radius of 60.00 feet, 282.57 feet to
a point of reverse curvature, thence running along a curve to the left with a radius of 25.00
feet, 31.84 feet to a point of reverse curvature, thence running along a curve to the right with
a radius of 353.92 feet, 615.89 feet to a point of tangency, thence running North 59°-56'-30"
West, 210.00 feet to a point of curvature, thence running along a curve to the right with a
radius of 201.53 feet, 341.65 feet to a point of reverse curvature, thence running along a
curve to the left with a radius of 401.54 feet, 271.57 feet to a point of tangency, thence
running North O1°-33'-30" West, 162.00 feet to a point of curvature, thence running along a
curve to the left with a radius of 501.98 feet, 104.40 feet to a point of reverse curvature,
thence running along a curve to the right with a radius of 384.60 feet, 116.74 to a point of
reverse curvature, thence running along a curve to the left with a radius of 766.50 feet,
106.35 feet to a point of tangency, thence running North 04°-02'-00" West, 100.00 feet to a
point of curvature, thence running along a curve to the left with a radius of 213.39 feet, 96.77
feet to a point of compound curvature, thence running along a curve to the left with a radius
of 20.19 feet, 31.24 feet to a point along the southerly street line of Great Pond Road, thence
running North 61°-19'-00" East, 44.73 feet along the street line of Great Pond Road, thence
continuing to run along the street line of Great Pond Road, North 59°-52' East, 44.31 feet to
the point of beginning.
Concord Street (Off Osgood Street) A way known as Concord Street as shown on a
Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for
Concord Street, scale 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.
Easy Street (Off Abbott Street) A way known as Easy Street as shown on a Plan of Land
entitled, "Definitive Subdivision Plan of Land, Abbott Meadows, North Andover, MA; prepared for
S.B. Homes Inc., 345 Stevens Street North Andover, MA; prepared by Frank C. Gelinas &
Associates Inc, 451 Andover Street North Andover, MA , scale 1"=40', dated January 23, 1981,
revised June 11, 1981. Said plan recorded with the Essex North District Registry of Deeds as Plan
No. 8690.
Highland View Avenue (From Chadwick Street to Furber Avenue) A way known as
Highland View Avenue as shown on a Plan of Land entitled, "Street Acceptance Plan located in
North Andover; prepared for Highland View Avenue, scale 1"=40', dated 9/l/03; prepared by
Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North
Andover DPW; and to award no damages for said eminent domain taking, or take any other action
relative thereto. The roadway is further described as follows:
Beginning at a point at the northerly street line of Furber Avenue, said point being 180.00
feet westerly of Wentworth Avenue, thence running North 85°-26'-58" West, 50.22 feet
along the street line of Furber Avenue to a point, thence running North 00°-48'-19" West,
1020.18 feet to a point, said point being located along the southerly street line of Chadwick
Street, thence running North 84°-31'-00" East, 50.17 feet along the street line of Chadwick
Street to a point, thence running South 00°-48'-19" East, 1028.96 feet to a point, said point
being the point of beginning.
Morninoide Lane (Off Winter Street) A way known as Morningside Lane as shown on a Plan
of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Morningside Lane
and Russett Lane, scale 1"=60', dated 9/l/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
08°-13'-02" East, 775.00 feet to a point of curvature, thence running along a curve to the left
with a radius of 25.00 feet, 39.27 feet to a point of tangency, thence running North 08°-13'-
02" East, 45.00 feet to a point of curvature, thence running along a curve to the left with a
radius of 25.00 feet, 39.27 feet to a point of tangency, thence running North 08°-13'-02"
East, 353.86 feet to a point, thence running South 81°-46'-58" East, 45.00 feet to a point,
thence turning and running South 08°-13'-02" West, 95.00 feet to a point; thence continuing
to run South 08°-13'-02" West, 1,164.96 feet to a point of curvature; thence running along a
curve to the left with a radius 25.00 feet, 30.27 feet to a point along the street line of Winter
Street; thence running North 61°-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 59°-36'-30"
West, 12.98 feet to the point of beginning.
Russett Lane (Off Dale Street). A way known as Russett Lane as shown on a Plan of Land
entitled, "Street Acceptance Plan located in North Andover; prepared for Morningside Lane and
Russett Lane, scale 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 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.
Petition of Department of Public Works
VOTED MAY 17, 2004
Article 50. Roadway Acceptances: — Foxwood Drive (Off Salem Street) and Weyland
Circle (Off Foxwood Drive). VOTED BY MAJORITY VOTE to accept as a public ways
Foxwood Drive and Weyland Circle as shown on a Plan of Land entitled, "Definitive and Special
Permit Plan Foxwood in North Andover, Mass." Owned and Developed by Summer Street Realty
Trust 733 Turnpike Street-Suite 209, North Andover, MA 01845, scale 1"=40', May 1993, Revised
12-9-93, prepared by Merrimack Engineering Services, 66 Park Street, Andover, Massachusetts
0 18 10. Said plan recorded with the Essex North District Registry of Deeds as Plan No. 12371.
Petition of Department of Public Works
VOTED MAY 17, 2004
Article 51. Roadway Acceptance — Avery Park Drive (formerly Donna Drive).
UNANIMOUSLY VOTED 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.
Petition of Domenic J. Scalise and others
VOTED MAY 17, 2004
Article 52. Roadway Acceptance Stonewedge Circle (Off Webster Woods Lane.
UNANIMOUSLY VOTED 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.
(Stonewedge Circle is off Webster Woods Lane and was originally part of the Campbell Forest
Subdivision)
Petition of Domenic J. Scalise and others
VOTED MAY 17, 2004
Article 53. Roadway Acceptance Webster Woods Lane (formerly Joanne Drive).
UNANIMOUSLY VOTED 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.
Petition of Domenic J. Scalise and others
VOTED MAY 17, 2004
Article 54. Acceptance of Fee Title and Deeds in Connection with Layout of Public Ways of
Webster Woods Lane, Avery Park Drive and Stonewedge Circle. UNANIMOUSLY VOTED
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.
Petition of Brian G. Vaughan and others
VOTED MAY 17, 2004
Article 55. Roadway Acceptance Country Club Circle (off Great Pond Road) as a Public Way.
UNANIMOUSLY VOTED to accept as a Public Way: Country Club Circle as shown on a
Plan entitled, "Definitive Subdivision Plan of Country Club Estates", designed for Marie W.
Loughlin of 465 Great Pond Road North Andover, Ma 01845, prepared by Thomas E. Neve
Associates, Inc of Topsfield, Ma and recorded with the Essex North District Registry of Deeds as
Plan No. 13365.
Petition of John Grasso and others
VOTED MAY 17, 2004
Article 56. Roadway Acceptance — Delucia Way — off Waverley Road. To see if the Town
will vote to accept Delucia Way (off Waverley Road) as a public way.
Petition of Stephen Smolak and others
UNANIMOUSLY VOTED to "Take No Action" on Article 56.
Upon Motion Made by Rosemary Connelly Smedile seconded by Keith A. Mitchell a
Unanimous Vote to Dissolve the 2004 Annual Town Meeting was taken on May 17, 2004 at
10:07PM.