HomeMy WebLinkAbout2006 ANNUAL TOWN MEETING WARRANT-DRAFT-FEB 23, 2006-JAB TO BOS pf NORTH 9ti
a�
p
ay1
y�SSACNUSES 5
Town of North Andover
Annual Town Meeting Warrant
May 8,2006
COMMONWEALTH OF MASSACHUSETTS ESSEX,SS.
To either of the Constables of the Town of North Andover:
GREETINGS:
In the name of the Commonwealth of Massachusetts,and in compliance with Chapter 39 of
the General Laws, as amended, and our North Andover Town Bylaws and requirements of the
Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North
Andover who are qualified to vote in Town affairs to meet at the North Andover High School,430
Osgood Street on Monday May 8, 2006, at 7:00 PM then and there to act upon the following
articles:
Article A. Reports of Special Committees. To see if the Town will vote to hear the reports
of any appointed special committees,or to take any other action relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Article B. Consent Articles. To see if the Town will vote the following consent articles.
A. Reports of Receipts and Expenditures. To see if the Town will vote to accept the
reports of receipts and expenditures as presented by the Selectmen in the 2005 Annual Town
Report.
B. Authorization of the Town Manager or Superintendent of Schools Regarding
Contracts in Excess of Three Years. In accordance with the provisions of Massachusetts
General Laws Chapter 30B, Section 12(b), to authorize the Town Manager or the Superintendent
of Schools to solicit and award contracts for terms exceeding three years,including any renewal,
1
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
extension or option, provided in each instance the longer term is determined to be in the best
interest of the Town by vote of the Board of Selectmen or the School Committee,as appropriate.
C. Authorization to Accept Grants of Easements. To authorize the Board of
Selectmen and the School Committee to accept grants of easements for water, drainage, sewer,
roadway and utility purposes on terms and conditions the Board and Committee deem in the best
interest of the town.
D. Authorization to Grant Easements. To authorize the Board of Selectmen and the
School Committee to grant easements for water, drainage, sewer,roadway and utility purposes on
terms and conditions the Board and Committee deem in the best interest of the Town.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Article C. Compensation of Elected Officials. To see if the Town will vote to fix the salary
and compensation of the elected officers of the Town,as provided by Section 108 of Chapter 41 of
the Massachusetts General Laws as follows:
Board of Selectmen/Licensing Commissioners,per person,per annum $2,000
Chairman of Board of Selectmen,per annum,in addition 300
School Committee,per person,per annum 2,000
Chairman, School Committee,per annum,in addition 300
Moderator, For Annual Town Meeting 100
For each Special Town Meeting 50
or to take any other action relative thereto.
Recommendations:
Board of Selectmen:
Finance Committee:
Article D. Amend General Fund Appropriation For Fiscal Year 2006. To see if the Town
will vote to amend the General Fund Appropriation for Fiscal Year 2006 as voted under Article 8
of the 2005 Annual Town Meeting;or to take any other action relative thereto.
Recommendations:
Board of Selectmen:
Finance Committee:
Petition of the Board of Selectmen
2
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
Article E. Amend Sewer Enterprise Fund Appropriation For Fiscal Year 2006. To see if
the Town will vote to amend the Sewer Enterprise Fund Appropriation for Fiscal Year 2006 as
voted under Article 12 of the 2005 Annual Town Meeting; or to take any other action relative
thereto.
Recommendations:
Board of Selectmen:
Finance Committee:
Petition of the Board of Selectmen
Article F. Amend Water Enterprise Fund Appropriation For Fiscal Year 2006. To see if
the Town will vote to amend the Water Enterprise Fund Appropriation for Fiscal Year 2006 as
voted under Article 11 of the 2005 Annual Town Meeting; or to take any other action relative
thereto.
Recommendations:
Board of Selectmen:
Finance Committee:
Petition of the Board of Selectmen
Article G. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation For
Fiscal Year 2006. To see if the Town will vote to amend the Stevens Estate at Osgood Hill
Enterprise Fund Appropriation for Fiscal Year 2006 as voted under Article 13 of the 2005 Annual
Town Meeting;or to take any other action relative thereto.
Recommendations:
Board of Selectmen:
Finance Committee:
Petition of the Board of Selectmen
Article H. Amend the Capital Improvement Plan Appropriation for Fiscal Year 2006. To
see if the Town will vote to amend the Capital Improvement Plan Appropriation for Fiscal Year
2006 as voted under Article 10 of the 2005 Annual Town Meeting, or to take any other action
relative thereto.
Recommendations:
Board of Selectmen:
Finance Committee:
3
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
Petition of the Board of Selectmen
Article 1. Transfer of Unexpended Funds from Special Revenue and Capital Funds. To
see if the Town will vote to transfer unexpended balances from Special Revenue and Capital
Funds;or to take any other action relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article J. Prior Years Unpaid Bills. To see if the Town will vote to raise and appropriate,
transfer from available funds or otherwise provide a sum or sums of money for the purpose of
paying unpaid bills of prior years of the Town;or to take any other action relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article K General Fund Appropriation Fiscal Year 2007. To see if the Town will vote to
raise and appropriate,transfer from available funds or otherwise provide a sum or sums of money
for the purpose of funding the General Fund for the Fiscal Year beginning July 1,2006 and ending
June 30,2007;or to take any other action relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article L. Stabilization Fund(s). To see if the Town will vote to establish any new
Stabilization Fund(s), or vote appropriations into or out of any existing Stabilization Fund(s)-,or to
take any other action relative thereto.
Petition of Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
4
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
Article M. Sewer Enterprise Fund Appropriation-Fiscal Year 2007. To see if the Town will
vote to appropriate from Sewer Enterprise Fund Revenues, transfer from available funds or
otherwise provide a sum or sums of money for the purpose of funding the Sewer Enterprise Fund
for the Fiscal Year beginning July 1, 2006 and ending June 30, 2007; or to take any other action
relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article N. Water Enterprise Fund Appropriation-Fiscal Year 2007. To see if the Town
will vote to appropriate from Water Enterprise Fund Revenues, transfer from available funds or
otherwise provide a sum or sums of money for the purpose of funding the Water Enterprise Fund
for the Fiscal Year beginning July 1, 2006 and ending June 30, 2007; or to take any other action
relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article O. Stevens Estate at Osgood Hill Enterprise Fund Appropriation -Fiscal Year
2007. To see if the Town will vote to appropriate from Stevens Estate at Osgood Hill Enterprise
Fund Revenues,transfer from available funds or otherwise provide a sum or sums of money for the
purpose of funding the Stevens Estate at Osgood Hill Enterprise Fund for the Fiscal Year
beginning July 1,2006 and ending June 30,2007;or to take any other action relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article P. Capital Improvement Plan Appropriation Fiscal Year 2007. To see if the Town
will vote to raise and appropriate,transfer from available funds, or borrow under the provisions of
Massachusetts General Laws, Chapter 44,the sums of money necessary to fund the Town Capital
Improvement Program;or to take any other action relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Planning Board:
5
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
Article Q. Funding for Water Storage Tanks. To see if the town will vote to appropriate
$5,350,000 for the construction of water tanks; to be determined whether this appropriation shall
be raised by a transfer from unexpended bond proceeds,by an appropriation from the tax levy,by
borrowing from the Massachusetts Water Pollution Abatement Trust or otherwise, or to take any
other action relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Planning Board:
Article R. Establishment of Revolving Funds. To see if the town will vote to authorize the
following revolving funds for certain Town departments under Massachusetts General Laws,
Chapter 44, Section 53E '/z for the Fiscal Year beginning July 1, 2006;or to take any other action
relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article S. Report of the Communitv Preservation Committee and Appropriation From the
Community Preservation Fund. To receive the report of the Community Preservation
Committee and to see if the Town will vote to raise, borrow and/or appropriate from the
Community Preservation Fund,in accordance with the provisions of Massachusetts General Laws
Chapter 4413, a sum of money to be spent under the direction of the Community Preservation
Committee;or to take any other action relative thereto.
Petition of the Community Preservation Committee
Recommendations:
Board of Selectmen:
Finance Committee:
Article T. Unified Fee Bylaw.
Tl. Amend General Bylaws of the Town of North Andover—Chapter 158-5—Registration
Fee. To see if the Town will vote to delete Chapter 158-5 —Registration Fee — and insert the
following new section in its place;or to take any other action relative thereto.
Chapter 158-5. Registration Fee:
6
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
Each applicant for registration or re-registration shall pay a non-refundable fee to the Town
at the time of application. The registration fee shall be established by the Board of Selectmen. A
registration fee must be paid for each person who will be engaged in soliciting or canvassing or the
supervision of canvassing or soliciting. The fee may be waived at the discretion of the Chief of
Police for a non-profit organization with proof of non-profit status.
Until a new fee is established by the Board of Selectmen,the Town shall continue to charge
the same fees that were in effect immediately prior to the effective date of this bylaw.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article T2. Amend General Bylaws of the Town of North Andover — Chapter 127-1 —
License Required; Fee; Duration. To see if the Town will vote to delete Chapter 127-1 —
License Required;Fee;Duration—and insert the following new section in its place,or to take any
other action relative thereto.
Chapter 127-1. License Required; Fee;Duration:
No person shall keep a shop for purchase, sale or barter of junk, old metal or secondhand
articles, or shall go from house to house collecting or procuring by purchase or barter any such
articles,without a written license from the Board of Selectmen. The Board of Selectmen shall set
the fee for such license. Each license shall continue in force until the first day of May ensuing
unless sooner revoked by the Selectmen.
Until a new fee is established by the Board of Selectmen,the Town shall continue to charge
the same fees that were in effect immediately prior to the effective date of this bylaw.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article T3. Amend General Bylaws of the Town of North Andover — Chapter 88-5—
License Fees. To see if the Town will vote to delete Chapter 88-5—License Fees—and insert the
following new section in its place;or to take any other action relative thereto.
Chapter 88-5. License Fees:
All dogs six(6)months old or older must be licensed and tagged.
7
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
The Board of Selectmen shall set the dog license fees as provided for in Massachusetts
General Laws c. 140,sec. 139.
Until a new fee is established by the Board of Selectmen,the Town shall continue to charge
the same fees that were in effect immediately prior to the effective date of this bylaw.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article T4. Amend General Bylaws of the Town of North Andover — Chapter 88-2 —
Impoundment; Redemption Fee. To see if the Town will vote to delete Paragraph B from
Chapter 88-2—Impoundment;Redemption Fee—and insert the following new section in its place,
or to take any other action relative thereto.
B. An impounded dog shall be released to its owner or keeper upon payment of an
administrative fee and the pound fees,which fees shall be established by the Board of Selectmen,
and,if necessary,upon its being properly licensed.
Until a new fee is established by the Board of Selectmen,the Town shall continue to charge
the same fees that were in effect immediately prior to the effective date of this bylaw.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article T5. Amend General Bylaws of the Town of North Andover— Chapter 101 —
Fees—Revise Chapter 101-1. To see if the Town will vote to amend Chapter 101 of the General
By-Laws for the Town of North Andover by deleting Chapter 101-1 — Fees Enumerated, and
adding the following new Chapter 101-1 — Establishment of Fees, or to take any other action
relative thereto.
Chapter 101-1. Establishment of Fees:
The following fees shall be established by the Board of Selectmen:
A. Fees for automatic amusement device licenses pursuant to Massachusetts General
Laws c. 140, sec. 177a.
B. Fees for sealing of weights and measures services pursuant to Massachusetts
General Laws c. 98,sec. 56.
8
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
Until a new fee is established by the Board of Selectmen,the Town shall continue to charge
the same fees that were in effect immediately prior to the effective date of this bylaw.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article T6. Amend General Bylaws of the Town of North Andover — Chapter 77-1 —
Building Permit Fees; Exclusive of Mechanical and Utility Fees. To see if the Town will vote
to amend Chapter 77-1 of the General Bylaws for the Town of North Andover by deleting Chapter
77-1 Building Permit Fees, Exclusive of Mechanical and Utility Fees, and adding the following
new Chapter 77-1,or to take any other action relative thereto.
Chanter 77-1. Building Permit Fees,Exclusive of Mechanical and Utilitv Fees:
The following costs and fees shall be established by the Board of Selectmen:
A. A per square foot cost factor which shall be used to estimate the cost of new
construction.
B. Fees for new construction at a rate per thousand dollars of estimated cost of
construction or actual contract price,whichever is greater.
C. Fees for additions, alterations and remodeling at a rate per thousand dollars based
upon the estimated cost of construction. Estimated construction cost of additions, alterations and
remodeling shall be the actual contract price. There shall be a minimum fee per permit to be
established by the Board of Selectmen.
D. Copies of the actual contract price shall be submitted with the Building Permit
Application.
E. Building permit fees shall be required for municipally owned buildings and
structures. Building permit fees for buildings and structures wholly owned by the Town of North
Andover may be waived,in whole or in part,only by the Board of Selectmen based on the Board's
determination of the benefits accruing to the Town from such a waiver. In all cases, fees will be
required for mechanical and utility permits.
The Building Inspector shall periodically make a recommendation to the Town Manager
relative to the adequacy of the fees, fines and assessments and the schedule relative thereto, as
cited above,which may be adjusted by the Board of Selectmen as required.
Until a new fee is established by the Board of Selectmen,the Town shall continue to charge
the same fees that were in effect immediately prior to the effective date of this bylaw.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
9
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
Article T7. Amend General Bylaws of the Town of North Andover — Chapter 69-7.1 —
Connection Fees. To see if the Town will vote to delete Chapter 69-7.1 —Connection Fees—
and insert the following new section in its place,or to take any other action relative thereto.
Chapter 69-7.1. Connection Fees:
Each alarm user shall on or before October lgt of each year remit to the Fire Department a
service fee for the coming year for Master Fire Alarm Boxes and Digital Alarms. The fees shall be
established by the Board of Selectmen.
Locations that have multiple master boxes as required by the Fire Department shall be
charged a fee for the initial fire alarm box only.
Fire alarm system devices owned by the Town of North Andover shall be exempt from the
provisions of Sections 69-7 and 69-7.1.
Until a new fee is established by the Board of Selectmen,the Town shall continue to charge
the same fees that were in effect immediately prior to the effective date of this bylaw.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article T8. Amend General Bylaws of the Town of North Andover — Enforcement of
Littering Bylaw. To see if the Town will vote to add the following new paragraph to Chapter
130-2—Violation and Penalties,or to take any other action relative thereto.
The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his
designee.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article T9. Amend General Bylaws of the Town of North Andover — Enforcement of
Burglar Alarm Bylaw. To see if the Town will vote to add the following new paragraph to
Chapter 69-14—Violations,or to take any other action relative thereto.
C. The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his
designee.
Petition of the Board of Selectmen
Recommendations:
10
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
Board of Selectmen:
Finance Committee:
Article T10. Amend General Bylaws of the Town of North Andover—Enforcement of Fire
Alarm Bylaw. To see if the Town will vote to add the following new paragraph at the end of
Chapter 69-7.2—Violations,or to take any other action relative thereto.
L The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his
designee,or the Fire Chief or his designee.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article TH. Amend General Bylaws of the Town of North Andover— Leaf Regulations —
Penalties. To see if the Town will vote to add the following new paragraph to Chapter 161-5—
Leaf Regulations—Penalties,or to take any other action relative thereto.
The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his
designee.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article T12. Amend General Bylaws of the Town of North Andover — Enforcement of
Solicitation Bylaw. To see if the Town will vote to add the following new sentence at the end of
Chapter 158-12—Penalty,or to take any other action relative thereto.
The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his
designee.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article U. Mosquito Control Program. To see if the Town will vote to rejoin the Northeast
Mosquito Control District to address mosquito control in the Town and appropriate $86,124, or a
sum in accordance with the annual calculation set forth by the Massachusetts Department of
Revenue, so that surveillance may begin in the spring of 2006,or to take any other action relative
thereto.
11
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
Petition of the Board of Health
Recommendations:
Board of Selectmen:
Finance Committee:
Planning Board:
Article V. Intermunicipal Joint Purchasing Agreement—Community Software Consortium.
To see if the Town of North Andover will vote to authorize the municipality to enter into an
intermunicipal joint purchasing agreement pursuant to Massachusetts General Laws Chapter 40
Section 4A for the provision of technology solutions and related consulting and support services
with the Community Software Consortium,preserving the rights and privileges established in prior
agreement(s). The duration of this agreement, in accordance to statute, shall be for no more than
25 years, with the ability of the community to withdraw from this agreement at any time. The
annual obligation of the municipality under this agreement will be paid from the participating
departments' expense appropriations. The annual obligation is determined by membership vote
pursuant to the consortium's bylaws.
Board of Assessors
Recommendations:
Board of Selectmen: Favorable Action
Finance Committee: Favorable Action
Article W. Continue Provisions of Massachusetts General Law, Chapter 59 Section 5K
To see if the Town will vote to continue the provisions of Massachusetts General Law,Chapter 59
Section 5K which establishes a program to allow persons over the age of 60 to volunteer 100 hours
per year to provide services to the Town to reduce their real estate property tax, or to take any
other action relative thereto.
(A recent amendment to the local acceptance status increased the maximum abatement a senior
may earn each fiscal year under these programs to $750. The previous limit was $500.00 per
year.)
Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
12
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
Article X. Petition the General Court-Amend Chapter 7 Section 8-1 Board of Health of
the Charter for the Town of North Andover. To see if the Town will vote to authorize the
Board of Selectmen to Petition the Legislature to Amend Chapter 7 Section 8.1 of the Charter for
the Town of North Andover by deleting in the first sentence"three members" and replacing with
"five members-,or take any other action relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article: Y. Warrant Article: Section 16 Route 114 Corridor District 1 (RCD1). To see if
the Town will vote to amend the North Andover Zoning Bylaw by adding a new section, Section
16, Route 114 Corridor District 1 to establish a new zoning district within the Town of North
Andover as follows:
16 Route 114 Corridor District 1 (RCD1)
16A16.1 Objectives: -- Formatted:Bullets and Numbering
The Route 114 Corridor District 1 is intended:
1. To control and the design of commercial and residential development along the Route
114 Corridor in such a manner that encourages sound site planning, appropriate land
use, the preservation of aesthetic and visual character, and promotes economic
development and diversity in the community tax base for the Town,
2. To foster a greater opportunity for creative development by providing control and
design guidelines which encourage a mix of uses compatible with existing and
neighboring residential properties,
3. To accommodate a compatible mixture of uses that complement commercial and
residential uses typically associated with transportation corridors and large traffic
flows.
4. To serve as a transition area between commercial development along Route 114 and the
neighboring residential properties by ensuring that the appearance and effects of
buildings and uses are harmonious with the character of the area,
5. 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,
6. To allow a developer to propose a site development use and plan unique to a particular
location.
16.-2.116.1.1 Permitted Uses + -- Formatted:Bullets and Numbering
13
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
In the Route 114 Corridor District 1, a n4-snsll bet no building or structure shall be ----(Comment[rti]:t s proMbits open space
reconstructed,, erected erected,altered or used for any other purpose than and shall not exceed
3,000 gross square feet of building area:
1. Retail uses excluding auto sales and repair;up to 2,500 , sqtime feet of building
^provided there is no outdoor sales or storage of materials and products.
2. Restaurants where the business primarily serves food to be consumed within
the building excluding fast food establishments and drive-through facilities. A
Fel.,ti ol. immediate sen4e of semi pFepar-ed o pFepmed F ods F t.,lce out o
i4i house consumption in disposable containers and serving walk in and/or drive
I)-. --- Formatted:Bullets and Numbering
Boas and s ,40hout lean ; a fflotoF v ehielo
3. Personal service establishments.
4. Public building or use and public service corporation.
5. Professional offices including, but not limited to banks, real estate offices, insurance
offices, physician offices, dentists, attorneys, architects, engineers or accountants. No
drive through facilities are permitted with these uses. General office buildings not to
6. Art Gallery
7. Cultural Center or Museum.
8. Place of worship.
9. Same-structure/On-site Mixed Use Developments
a. Residential uses shall not be located on the first floor of a structure or building.
b. Apartments and condominiums shall be allowed where such use is not more than
fifty erp cent (50%) per-eefi+of the total fleer- spaee ogr ss square feet for a two (2)
story building and seventy-five percent(75%)of the gross square feet for a three(3)
story the-building.
16.3 Uses Subject to a Special Permit
The following uses may be allowed in the Route 114 Corridor District 1 by granting of a
Special Permit pursuant to Section 8.3 and 10.3 of the Bylaw:
L No A structure or building greater than 2,5003 000 gross square feet may be allowed
without-by the granting of a special permit from the Planning Board and subject to the
following conditions:
a. Submission of a traffic impact and mitigation plan by a professional traffic
engineer/consultant.
b. For those parcels abutting residential zoned properties, sufficient evidence must be
provided to demonstrate that no reasonable alternatives to the site layout, site
design,and parking configuration exist.
c. A determination by the Planning Board that the proposed development will not
create adverse traffic and safety impacts on Route 114 and neighborhood streets and
uses are harmonious with the character of the area.
14
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
d. A determination by the Planning Board that the proposed development provides
sufficient screening and buffering for those parcels abutting residential zoned
properties.
2. For outdoor storage, display, and sales of materials,products and goods in connection
with retail uses and provided:
a. Permissible area of land devoted to the specially permitted outdoor use may not
exceed twenty percent(20%)of the indoor principal use devoted to retail sales.
b. The products, materials or goods displayed, stored or sold outdoors, by special
permit,must not be visible from any residential use.1 comment[R2]:This Wight be difficult to }
- - f
c. The goods, materials, and products permissible for outdoor storage, display and control,how about 3o-so%of i"floor area?
sales hereunder, shall explicitly exclude automobiles,motorcycles,or other wheeled
vehicles and include only goods, materials, and products, which are customarily
stored,displayed,or sold outdoors without the necessity for cover from the weather.
Fertilizers and other toxic,hazardous chemicals are also excluded herein.
d. The amount of area designated for outdoor storage shall be included in the
dimensional requirements for maximum lot coverage.
e. The entire outdoor storage area shall be enclosed by a wall of solid opaque material
such as masonry or solid wood fencing which,in the opinion of the Planning Board,
will not derogate from the surrounding area.
f. Sufficient landscaping shall be provided around the perimeter of the storage area at
the discretion of the Planning Board.
g. Only living plants can be higher than the surrounding vertical structural screening.
16.4 Design Standards
1. Any other performance standards of the town shall also apply to uses conducted under
this Section 16.4 of the North Andover Zoning Bylaws,
2. Architecture should demonstrate the cohesive planning of the development and present
a clearly identifiable design feature throughout. Applicants are encouraged to use
traditional New England architectural elements in the design. It is not intended that
buildings be totally uniform in appearance or that designers and developers be
restricted in their creativity. Rather, cohesion and identity can be demonstrated in
similar building scale or mass-, consistent use of facade materials-, similar ground level
detailing, color or signage-, consistency in functional systems such as roadway or
pedestrian way surfaces, signage, or landscaping-, the framing of outdoor open space
and linkages, or a clear conveyance in the importance of various buildings and features
on the site,
3. Buildings adjacent to usable open space should generally be oriented to that space,with
access to the building opening onto the open space,
4. All new utilities shall be placed underground.
15
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
5. Landscaped space and pedestrian connectivity shall be designed and located to provide
sufficient and safe access throughout the development and/or abutting residential
neighborhoods. An alternative to a sidewalk, such as an asphalt path or trail, which
better serves the purpose of connecting commercial businesses to each other and the
community,may also be used.
6. Commercial uses shall be designed and operated, and hours of operation limited where
appropriate, so that neighboring residents are not exposed to offensive noise,especially
from traffic or late-night activity. No amplified music shall be audible to neighboring
residents,
7. Vehicular access to and from public roads is intended to be consolidated. Vehicular
access to lands from a public roadway shall generally be limited to one(1)access point,
particularly when frontage along said roadway is two hundred(200)feet or less,
8. Driveway consolidation should be undertaken so as to reduce traffic conflicts on feeder
or collector streets:
a. Provision for Interior roadways and common curb cuts
i. To allow for the least disruption in flow of north/south traffic on Routes 114,
and the opportunity for orderly growth within the zoning districts bordering this
state roadway, the town considers the reduction of entrances and exits on the
highway of major concern. For that reason, all site plans shall show reasonable
plans for interior roadways linking neighboring parcels presently developed or
whhc,u be dekiped—or which could be developed as future site
development activityaecurs sto a common access point.
ii. The Planning Board may approve provisions for interior roadways utilizing
joint access and/or egress, recognizing that the final design and permitting of
access to Routes 114 is to be accomplished only through the access permit
process of the Massachusetts Highway Department. The Planning Board shall
have the authority to authorize the following density bonuses for abutting
owners who develop interior roadways or feeder streets utilizing a common
drive and curb cuts thereby eliminating per parcel access/egress point on the
highway:
2-1. an additional five (5%) percent in the amount of lot coverage--- Formatted:Buuets and Numnerfoy
allowed by the requirements of the bylaw for an existing or proposed use,
and,
3�2. an increase of one dwelling unit per acre for an existing or proposed
residential use.
Applicants should notify the Massachusetts Highway Department as soon as possible of
their intent to utilize the provisions of this bylaw in order to facilitate an orderly and
cooperative permitting process between the Planning Board and the state highway
department.
9. The design should preserve and enhance natural features such as topography,
waterways,vegetation,and drainage ways,
10. The design should minimize impervious surfaces and incorporate other design features
to minimize storm water runoff;and
16
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
11.Mixed Use Developments should maximize pedestrian transit-oriented development.
Specifically they should use "traffic-calming" techniques liberally-, provide networks
for pedestrians as good as the networks for motorists,provide pedestrians and bicycles
with shortcuts al alternatives to travel along high-volume streets, and emphasize safe
and direct pedestrian connections to transit stops and other commercial and/or
employment nodes-,provide long-term,covered,bicycle parking areas-,provide well-lit,
transit shelters-, incorporate transit-oriented design features-, and establish Travel
Demand Management programs at employment centers.
16.5 Screening and Landscaping Requirements
1. Front Yard: The The ten(10)feet nearest the street or front lot line must be landscaped
and such landscaping shall not affect vehicular sight distance.
2. Side Yards: The five (5) feet nearest the side lot line must be landscaped. A waiver to
the landscape requirements may be granted if one access driveway services the lot.
3. Rear Yards: The ten(10)feet nearest the rear lot lines must be landscaped.
4. Side and Rear Yards: Where a lot abuts a residential zoning district, the fifteen (15)
feet nearest the side and rear lot lines must be landscaped. In addition,within ten(10)
feet of the side and rear lot line, a buffer of at least eight(8) foot high trees or shrubs
must be planted and maintained in a healthy condition by the owner of the property in
perpetuity. A six (6) foot stockade fence must be erected along the side and rear
property lines to physically separate the residential zone from the Route 114 Corridor
District 1 areas. The Planning Board may specify the type and species of natural
buffering required.
5. Building Foundation: A minimum three (3) foot wide landscaping strip must be
mstalled along the entire length of each building foundation wall, except at points of _,- comment[a3]:Is it intended for all four side? If
entry/exit, lawfully required fire access points, loading/receiving bay areas, and any nor,gay go.
other structural amenities necessary and ordinary to the use of the building.
1. The Planning Board shall have final discretion in determining if sufficient«---- Formatted:Bullets and Numbering
landscape screening and buffering of varying depth and height has been provided.
2. All required screening, as described in items 1 through 6 above, shall be maintained in
good condition at all times.
16.6 Lighting and Signs
1. All outdoor lighting shall be designed so as not to adversely impact surrounding uses
and residential properties, while also providing a sufficient level of illumination for
access and security purposes. Such lighting shall not blink, flash, oscillate or be of
unusually high intensity of brightness.
2. Parking areas shall be illuminated to provide appropriate visibility and security during
hours of darkness.
3. Any outdoor lighting fixture newly installed or replaced shall be shielded so that it does
not produce a strong,direct light beyond the property boundaries,and shall be directed
toward the object or area to be illuminated. Light shall be directed away from
residences. Where a lot abuts a residential zoning district, additional screening
measures may be required at the discretion of the Planning Board.
4. Lighting of the site shall be adequate at ground level for the protection and safety of the
public in regard to pedestrian and vehicular circulation. The glare from the installation
17
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
of outdoor lights and illuminated signs shall be contained on the property and shall be
shielded from abutting properties.
5. Landscape screening shall consist of planting,including evergreens,the plantings to be
of such height, depth as needed to sufficiently screen from view abutting residential
areas any unshielded light source,either inside or outside.
6. All signs shall conform to Section 6.6(D)Business and Industrial Districts.
16.7 Submission of a Special Permit Application and Plan Procedures:
1. 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 "Route 114 Corridor 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 Clerk's Office and meet the
submittal requirements.
2. 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 16.1 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.
3. The applicant must follow the procedures for obtaining a Special Permit as set forth in
Section 10.3 of the Zoning Bylaw.
4. If applicable, the applicant must follow the procedures for Site Plan Review under
Section 8.3, Site Plan Review.
16.8 Parking Requirements
The Planning Board, at its sole discretion,may waive up to 25% of the required Parking
spaces if it determines that the permitted use may allow for less than the zoning mandated
parking requirement. Further,the Planning Board may consider:
1. The elimination of up to 25%of the required parking spaces to be constructed.
2. The elimination of up to 25%of the required parking spaces to be initially constructed,
but require an adequate area for future spaces should they be required at a later date.
3. The elimination of up to 25%of the required parking spaces to be initially constructed,
but require an adequate area for future spaces should they be required at a later date due
to a change of use.
16.9 Change of Use Subsequent to Granting of Special Permit
Special Permits granted under the Route 114 Corridor District 1 shall be subject to a new
public hearing for a new Special Permit if,in the opinion of the North Andover Town Planner,
a change of use occurs and the initial Special Permit was granted a parking variance under
Section 16.8 herein.
18
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
16.10 Use of Existing Structure on Existing Lot
Upon review, the Planning Board may waive some or all of the dimensional, density, and
special permit requirements outlined herein if a proposed change of use from residential to
any Route 114 Corridor District 1 permitted use, results in no substantial change to an
existing structure and is located on the same dimensional lot that existed prior to creation of
the Route 114 Corridor District 1.
Route'114 Corridor Zone 1
Minimum lot size 1 acre/43560 s.f
Mmimum frontage 150 feet
Maximum lot coverage including buildings,driveways and parking areas 70%
Maximum building coverage 50%
Maximum height not to exceed three(3)stories above ground 35 feet
Mmimum building and structures front setback 15 feet
Mmimum building and structures rear setback 20 feet
Minimum building and structures side 15 feet
Mmimum building and structures side where lot abuts residential zoning district 20 feet
Minimum distance between buildings 10 feet
Minimum usable open space requirements 30%
Floor Area Ratio
16.11 Dimension and Density Requirements ,- comment[Ra]:Allow min disctmce between
buildings to be min 10 feet.
And concurrently,to see if the Town will vote to amend the Zoning Map of the Town of North
Andover for the following parcels fronting along Route 114(also known as Salem Turnpike)from
their current zoning designation to the Route 114 Corridor District 1 (RCD1)as follows:
Said parcels consisting of twelve(12)parcels with land fronting Turnpike Street:
➢ Said parcels consisting of six(6)parcels fronting Turnpike Street shown on North Andover
Assessors Map 25, Parcels 5, 6, 7, 8, 20, 43. The amendment of the Zoning Map for the
aforementioned parcels shall be from the current zoning designation of Residential 6 to
Route 114 Corridor District 1 (RCD1).
➢ Said parcels consisting of two (2) parcels fronting Turnpike Street shown on North
Andover Assessors Map 25,Parcels 44 and 50. The amendment of the Zoning Map for the
aforementioned parcels shall be from the current zoning designation of Village Commercial
(VC)to Route 114 Corridor District 1 (RCD1).
➢ Said parcels consisting of four (4) parcels fronting Turnpike Street shown on North
Andover Assessors Map 25, Parcels 4 and 53, Map 98D, Parcels 46 and 47. The
amendment of the Zoning Map for the aforementioned parcel shall be from the current
zoning designation of General Business(GB)to Route 114 Corridor District 1 (RCD1).
or to take other action relative thereto.
19
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
Said parcels are shown on the attached Figure 1
Petition of the Planning Board
Explanation: The Planning Board's amendment will create a district that will enable property
owners to obtain a special permit so as to allow certain uses that will both promote economic
development as well as retain the character of the Town.
Article Z: Amend Zoning Bylaw—Add New Section-Section 17 Route 114 Corridor
District 2(RCD2). To see if the Town will vote to amend the North Andover Zoning Bylaw by
adding a new section, Section 17,Route 114 Corridor District 2 to establish a new zoning district
within the Town of North Andover as follows:
17 ROUTE 114 CORRIDOR DISTRICT 2(RCD2)
16.116.2 Objectives -- Formatted:Bullets and Numbering
The Route 114 Corridor District 2 is intended:
1�7.To control and the design of commercial and residential development along the Route--- Formatted:Bullets and Numbering
114 Corridor in such a manner that encourages sound site planning, appropriate land
use, the preservation of aesthetic and visual character, and promotes economic
development and diversity in the community tax base for the Town,
2:8.To foster a greater opportunity for creative development by providing control and
design guidelines which encourage a mix of uses compatible with existing and
neighboring residential properties,
3�9.To accommodate a compatible mixture of uses that complement commercial and
residential uses typically associated with transportation corridors and large traffic
flows.
4-10. To serve as a transition area between commercial development along Route 114 and
the neighboring residential properties by ensuring that the appearance and effects of
buildings and uses are harmonious with the character of the area,
11. 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,
12. To allow a developer to propose a site development use and plan unique to a particular
location.
17.2 Permitted Uses
In the Route 114 Corridor District 2, no land shall be used and no building or structure _-- comment[rts]:t s proMb ts open space
shall be reconstructed, erected, altered or used for any other purpose than and shall not
exceed 3,000 gross square feet of building area:
1. Retail uses excluding auto sales and repair,up to 10,000 gros quare feet of building
arm provided there is no outdoor sales or storage of materials and products. However,
auto sales and repair are not allowed.
20
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
2. Restaurants where the business primarily serves food to be consumed within the
building excluding fast food establishments and drive-through facilities.
3. Personal service establishments.
4. Indoor recreation,fitness,and health care facility.
5. Indoor place of amusement or assembly.
6. Public building or use and public service corporation.
7. Professional offices including, but not limited to banks, real estate offices, insurance
offices, physician offices, dentists, attorneys, architects, engineers or accountants. No
drive through facilities are permitted with these uses.
8. Art Gallery
9. Cultural Center or Museum.
10.Place of worship.
11. Same-structure/On-site Mixed Use Developments
a. Residential uses shall not be located on the first floor of a structure or building.
b. Apartments and condominiums shall be allowed where such use is not more than
fifty percent 50%)of the gross square feet for a two(2)story building and seventy-
five percent (75%) of the ogr ssssquare feet for a three (3) story building_
rims
ciffis
ims
Apartments and condominium hall be allowed where such use is not more
fifty 0
12.Farming,Livestock,Animal Care:
a. Farming of field crops and row crops,truck gardens, orchards,plant nurseries, and
greenhouses.
b. On any lot of at least three (3) acres, the keeping of a total of not more than three
(3) of any kind or assortment of animals or birds in addition to the household pets
of a family living on such lot, and for each additional acre of lot size, to five(5)
ae-res—,the keeping of one(1)additional animal or bird up to a maximum of five(5)
animals;but not the keeping of any animals,birds,or pets of persons not resident on
such lotJ Comment[R6]:I'm not sure what you're trying
c. On any lot of at least five (5)acres,the keeping of any number of animals or birds to h as a oa Here. �o you t not allow a business
such as a boarding stable,but not allow keeping of
regardless of ownership and the operation of equestrian riding academies, stables, friends animals?
stud farms,dairy farms,and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject land.
46 ."r17.3 Uses Subject to a Special Permit �--- Formatted:Bullets and Numbering
The following uses may be allowed in the Route 114 Corridor District 2 by granting of a
Special Permit pursuant to Section 8.3 and 10.3 of the Bylaw:
1-3. No structure or building greater than 3,000 gross square feet may be allowed--- Formatted:Bullets and Numbering
without a special permit from the Planning Board and subject to the following
conditions:
a. Submission of a traffic impact and mitigation plan by a professional traffic
engineer/consultant.
b. For those parcels abutting residential zoned properties, sufficient evidence must be
provided to demonstrate that no reasonable alternatives to the site layout, site
design,and parking configuration exist.
21
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
c. A determination by the Planning Board that the proposed development will not
create adverse traffic and safety impacts on Route 114 and neighborhood streets and
uses are harmonious with the character of the area.
d. A determination by the Planning Board that the proposed development provides
sufficient screening and buffering for those parcels abutting residential zoned
properties.
2-4. For outdoor storage, display, and sales of materials, products and goods ins--- Formatted:Bnuets and Nnmbering
connection with retail uses and provided:
a. Permissible area of land devoted to the specially permitted outdoor use may not
exceed thirty percent(30%)of the indoor principal use devoted to retail sales. _- comment[R7]:This rnigbt be difficult to control
b. The products, materials or goods displayed, stored or sold outdoors, by special as you w the area for retail inside he
structure..How How a abo bout 50%of I"floor area.
permit,must not be visible from any residential use.
c. The goods, materials, and products permissible for outdoor storage, display and
sales hereunder, shall explicitly exclude automobiles,motorcycles,or other wheeled
vehicles and include only goods, materials, and products, which are customarily
stored,displayed,or sold outdoors without the necessity for cover from the weather.
Fertilizers and other toxic,hazardous chemicals are also excluded herein.
d. The amount of area designated for outdoor storage shall be included in the
dimensional requirements for maximum lot coverage.
e. The entire outdoor storage area shall be enclosed by a wall of solid opaque material
such as masonry or solid wood fencing which,in the opinion of the Planning Board,
will not derogate from the surrounding area.
f. Sufficient landscaping shall be provided around the perimeter of the storage area at
the discretion of the Planning Board.
g. Only living plants can be higher than the surrounding vertical structural screening.
16.-417.4 Design Standards Formatted:Bullets and Numbering
X12. Any other performance standards of the town shall also apply to uses conducted
under this Section 17.4 of the North Andover Zoning Bylaws,
2:13. Architecture should demonstrate the cohesive planning of the development and------ Formatted:Bullets and Numbering
present a clearly identifiable design feature throughout. Applicants are encouraged to
use traditional New England architectural elements in the design. It is not intended that
buildings be totally uniform in appearance or that designers and developers be
restricted in their creativity. Rather, cohesion and identity can be demonstrated in
similar building scale or mass; consistent use of facade materials; similar ground level
detailing, color or signage; consistency in functional systems such as roadway or
pedestrian way surfaces, signage, or landscaping; the framing of outdoor open space
and linkages, or a clear conveyance in the importance of various buildings and features
on the site,
3-14. Buildings adjacent to usable open space should generally be oriented to that space,------ Formatted:Bullets and Numbering
with access to the building opening onto the open space,
4-15. All new utilities shall be placed underground. -- Formatted:Bnuets and Nnmbering
22
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
16. Landscaped space and pedestrian connectivity shall be designed and located tom---- Formatted:Bullets and Numbering
provide sufficient and safe access throughout the development and/or abutting
residential neighborhoods. An alternative to a sidewalk,such as an asphalt path or trail,
which better serves the purpose of connecting commercial businesses to each other and
the community,may also be used.
6-17. Commercial uses shall be designed and operated, and hours of operation limited--- Formatted:Bullets and Numbering
where appropriate, so that neighboring residents are not exposed to offensive noise,
especially from traffic or late-night activity. No amplified music shall be audible to
neighboring residents,
X18. Vehicular access to and from public roads is intended to be consolidated. Vehicular---- Formatted:Bullets and Numbering
access to lands from a public roadway shall generally be limited to one(1)access point,
particularly when frontage along said roadway is two hundred(200)feet or less,
X19. Driveway consolidation should be undertaken so as to reduce traffic conflicts on-
feeder or collector streets:
a. Provision for Interior roadways and common curb cuts
i. To allow for the least disruption in flow of north/south traffic on Routes 114,
and the opportunity for orderly growth within the zoning districts bordering this
state roadway, the town considers the reduction of entrances and exits on the
highway of major concern. For that reason, all site plans shall show reasonable
plans for interior roadways linking neighboring parcels presently developed or
which eE>uld be developed- or which could be developed as future site
development activityaecurs sto a common access point.
ii. The Planning Board may approve provisions for interior roadways utilizing
joint access and/or egress, recognizing that the final design and permitting of
access to Routes 114 is to be accomplished only through the access permit
process of the Massachusetts Highway Department. The Planning Board shall
have the authority to authorize the following density bonuses for abutting
owners who develop interior roadways or feeder streets utilizing a common
drive and curb cuts thereby eliminating per parcel access/egress point on the
highway:
2-.1. an additional five (5%) percent in the amount of lot coverage-
allowed by the requirements of the bylaw for an existing or proposed use,
and,
32. an increase of one dwelling unit per acre for an existing or proposed
residential use.
Applicants should notify the Massachusetts Highway Department as soon as possible of
their intent to utilize the provisions of this bylaw in order to facilitate an orderly and
cooperative permitting process between the Planning Board and the state highway
department.
X20. The design should preserve and enhance natural features such as topography,---- Formatted:Bullets and Numbering
waterways,vegetation,and drainage ways,
23
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
1-9-21. The design should minimize impervious surfaces and incorporate other design
features to minimize storm water runoff,and
L22. Mixed Use Developments should maximize pedestrian transit-oriented
development. Specifically they should use "traffic-calming" techniques liberally,
provide networks for pedestrians as good as the networks for motorists; provide
pedestrians and bicycles with shortcuts al alternatives to travel along high-volume
streets, and emphasize safe and direct pedestrian connections to transit stops and other
commercial and/or employment nodes; provide long-term, covered, bicycle parking
areas;provide well-lit,transit shelters;incorporate transit-oriented design features, and
establish Travel Demand Management programs at employment centers.
17.5 Screening and Landscaping Requirements
1. Front Yard: The_�ten(10)feet nearest the street or front lot line must be landscaped
and such landscaping shall not affect vehicular sight distance.
2. Side Yards: The five (5) feet nearest the side lot line must be landscaped. A waiver to
the landscape requirements may be granted if one access driveway services the lot.
3. Rear Yards: The ten(10)feet nearest the rear lot lines must be landscaped.
4. Side and Rear Yards: Where a lot abuts a residential zoning district, the fifteen (15)
feet nearest the side and rear lot lines must be landscaped. In addition,within ten(10)
feet of the side and rear lot line, a buffer of at least eight(8) foot high trees or shrubs
must be planted and maintained in a healthy condition by the owner of the property in
perpetuity. A six (6) foot stockade fence must be erected along the side and rear
property lines to physically separate the residential zone from the Route 114 Corridor
District 2 areas. The Planning Board may specify the type and species of natural
buffering required.
5. Building Foundation: A minimum three (3) foot wide landscaping strip must be
mstalled along the entire length of each building foundation wall, except at points of _- comment[rts]:is it intended for all four side? If
entry/exit, lawfully required fire access points, loading/receiving bay areas, and any nor,gay go.
other structural amenities necessary and ordinary to the use of the building.
5. The Planning Board shall have final discretion in determining if sufficient landscape
screening and buffering of varying depth and height has been provided.
6. All required screening, as described in items 1 through 6 above, shall be maintained in
good condition at all times.
16,617.6 Lighting and Signs «--- Formatted:Bullets and Numbering
1-7. All outdoor lighting shall be designed so as not to adversely impact surrounding
uses and residential properties, while also providing a sufficient level of illumination
for access and security purposes. Such lighting shall not blink, flash, oscillate or be of
unusually high intensity of brightness.
2:8. Parking areas shall be illuminated to provide appropriate visibility and security
during hours of darkness.
3-9. Any outdoor lighting fixture newly installed or replaced shall be shielded so that it
does not produce a strong, direct light beyond the property boundaries, and shall be
directed toward the object or area to be illuminated. Light shall be directed away from
residences. Where a lot abuts a residential zoning district, additional screening
measures may be required at the discretion of the Planning Board.
24
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
4-10. Lighting of the site shall be adequate at ground level for the protection and safety of
the public in regard to pedestrian and vehicular circulation. The glare from the
installation of outdoor lights and illuminated signs shall be contained on the property
and shall be shielded from abutting properties.
11. Landscape screening shall consist of planting,including evergreens,the plantings to
be of such height, depth as needed to sufficiently screen from view abutting residential
areas any unshielded light source,either inside or outside.
6-12. All signs shall conform to Section 6.6(D)Business and Industrial Districts.
T6.717.7 Submission of a Special Permit Application and Plan -- Formatted:Buuets and Numbering
Procedures:
-.5. The applicant shall file eight(8) copies of the Planned Commercial Development--- Formatted:Buuets and Numberfog
District Plan, supporting materials, filing and outside engineering review escrow fees,
and three (3) copies of the form titled "Route 114 Corridor 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 Clerk's Office and meet the
submittal requirements.
2:6. 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 17.1 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.
3-7. The applicant must follow the procedures for obtaining a Special Permit as set forth
in Section 10.3 of the Zoning Bylaw.
4w8. If applicable, the applicant must follow the procedures for Site Plan Review under
Section 8.3, Site Plan Review.
17.8 Parking Requirements
The Planning Board, at its sole discretion, may waive up to 25% of the required Parking
spaces if it determines that the permitted use may allow for less than the zoning mandated
parking requirement. Further,the Planning Board may consider:
4. The elimination of up to 25%of the required parking spaces to be constructed.
5. The elimination of up to 25%of the required parking spaces to be initially constructed,
but require an adequate area for future spaces should they be required at a later date.
6. The elimination of up to 25%of the required parking spaces to be initially constructed,
but require an adequate area for future spaces should they be required at a later date due
to a change of use.
17.9 Change of Use Subsequent to Granting of Special Permit
Special Permits granted under the Route 114 Corridor District 2 shall be subject to a new
public hearing for a new Special Permit if,in the opinion of the North Andover Town
Planner,a change of use occurs and the initial Special Permit was granted a parking variance
under Section 17.8 herein.
25
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
17.10 Use of Existing Structure on Existing Lot
Upon review, the Planning Board may waive some or all of the dimensional, density, and
special permit requirements outlined herein if a proposed change of use from residential to
any Route 114 Corridor District 2 permitted use, results in no substantial change to an
existing structure and is located on the same dimensional lot that existed prior to creation of
the Route 114 Corridor District 2.
17. 11 Dimension and Density Requirements __- comment[R9]:Allow min disctance between
buildings to be min 10 feet.
Route 1 do
14 Corrir Zone 2
Minimum lot size 2 acres/87120 s.f.
Minimum frontage 250 feet
Maximum lot coverage including buildings,driveways and parking areas 70%
Maximum building coverage 40%
Maximum height not to exceed three(3)stories above ground 35 feet
Minimum building and structures front setback 10 feet
Minimum building and structures rear setback 25 feet
Minimum building and structures side 15 feet
Minimum building and structures side where lot abuts residential zoning district 20 feet
Minimum distance between buildings 10 feet
Minimum usable open space requirements 30%
Floor Area Ratio 0.75: 1
And concurrently,to see if the Town will vote to amend the Zoning Map of the Town of North
Andover for the following parcels fronting along Route 114(also known as Salem Turnpike)from
their current zoning designation to Route 114 Corridor District 2(RCD2)as follows:
Said parcels consisting of fifteen(15)parcels with land fronting Turnpike Street:
➢ Said parcels consisting of five(5)parcels fronting Turnpike Street shown on North
Andover Assessors Map 98C,Parcels 27,28,61 and Map 98D,Parcels 31 and 37. The
amendment of the Zoning Map for the aforementioned parcels shall be from the current
zoning designation of Residential 3 (R3)to Route 114 Corridor District 2(RCD2).
➢ Said parcels consisting of four(4)parcels fronting Turnpike Street shown on North
Andover Assessors Map 98C,Parcels 49 and 60 and Map 98D,Parcels 6 and 7. The
amendment of the Zoning Map for the aforementioned parcels shall be from the current
zoning designation of Business 1 (B1)to Route 114 Corridor District 2(RCD2).
➢ Said parcels consisting of two(2)parcels fronting Turnpike Street shown on North
Andover Assessors Map 98D,Parcels 20 and 21.The amendment of the Zoning Map for
the aforementioned parcels shall be from the current zoning designation of Industrial 1 (I1)
to Route 114 Corridor District 2(RCD2).
➢ Said parcels consisting of four(4)parcels fronting Turnpike Street shown on North
Andover Assessors Map 98D,Parcels 0,40,56 and 57. The amendment of the Zoning Map
for the aforementioned parcels shall be from the current zoning designation of Village
Commercial(VC)to Route 114 Corridor District 2(RCD2).
26
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
Or to take any other action relative thereto.
Petition of the Planning Board
Explanation: The Planning Board's amendment will create a district that will enable property
owners to obtain a special permit so as to allow certain uses that will both promote economic
development as well as retain the character of the Town.
Article AA. Amend North Andover Zoning Bvlaw — Sections 4.136(3)(c)(ii) and (iii) -
Watershed Protection District. To see if the Town will vote to amend Sections 4.136(3)(c)(ii)
and (iii) to further clarify the maximum allowable square footage for the construction of an
accessory structure or expansion to the existing structure based on gross floor area of the existing
structure within the Watershed Protection District, Non-Disturbance Buffer Zone by making the
following changes.
Amending Sections 4.136(3)(c)(ii)and(iii)-by adding the underlined language to read as follows:
North Andover Bylaw,Section 4.136 Watershed Protection District
c. Non-Disturbance Buffer Zone
There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection District
which shall consist of all land areas located between one hundred fifty (150) feet and two
hundred fifty (250) feet horizontally from the annual mean high water mark of Lake
Cochichewick,and between seventy five(75)feet and one hundred fifty(150)feet horizontally
from the edge of all wetland resource areas(as defined in M.G.L. Chapter 131, Section 40,and
the Town Wetland Bylaw)located within the Watershed.
i. Allowed Uses: All of the Allowed Uses listed in Section 3 (a)(i)of this Watershed
Protection District Bylaw are allowed in the Non-Disturbance Zone except as noted.
ii. Uses allowed by pecial Permit: The following uses shall be allowed within the
Non-Disturbance Buffer Zone only by Special Permit issued pursuant to Section 4
of this Watershed Protection district Bylaw:
(1)Any activities which cause a change in topography or grade.
(2) Vegetation removal or cutting,other than in connection with agricultural uses or
maintenance of a landscape area.
(3) Construction of a new permanent structure only after a variance has been
granted by the Zoning Board of Appeals.
(4)Replacement of any permanent structure.
(5)Any surface or sub-surface discharge, including but not limited to, stormwater
runoff; drainage of any roadway that is maintained by the Division of Public
Works or any private association; outlets of all drainage swales; outlets of all
detention ponds.
(6) Construction of any accessory structure or expansion of any existing structure
by less than twenty five (25) percent of the gross floor area if the existing
structure exceeds 2,500 square feet.
27
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
(7) Construction of any accessory structure or expansion of any existing structure
by less than fifty (5(?)�ercent of the gross floor area of the existing structure
less than 2,500 square feet and will he connected upon completion of the_prc>ject
to municipal sewer._
iii. Prohibited Uses: The following uses are specifically prohibited within the Non-
Disturbance Buffer Zone:
(1)All of the Prohibited Uses listed in Section 3(c)(iii)of this Watershed Protection
District bylaw are prohibited in the Non-Discharge Zone.
(2) Construction of any septic system.
(3) Construction of any new permanent structure, or expansion of an existing
structure by twenty five (25) percent or more of the gross floor area of the
existing structure_exceeding 2,500 square feet._
(4) Construction of any new permanent structure, or expansion of an existing
structure by fifty (5(?�percent or more of the gross floor area of the existing
structure_less_than 2,500 square feet._
(5) The use, or method of application of, any lawn care or garden product
(fertilizer, pesticide, herbicide) that may contribute to the degradation of the
public water supply.
(6) The use of lawn care or garden products that are not organic or slow-release
nitrogen.
iv. Building Requirements: all construction in the Watershed Protection District shall
comply with best management practices for erosion, siltation, and stormwater
control in order to preserve the purity of the ground water and the lake;to maintain
the ground water table; and to maintain the filtration and purification functions of
the land.
Or to take any other action relative thereto.
Petition of the Planning Board
Recommendations:
Board of Selectmen:
Finance Committee:
Article BB. Amend North Andover Zoning Bvlaw—Sections 4.122(14)(B)(b)-Residential 4
District. To see if the Town will vote to amend Sections 4.122(14)(B)(b)to clarify the ambiguity
in the language of the zoning bylaw and dimensional requirements involving the demolition of
residential homes within the Residential 4 (R4) and the construction of new multi-family
residence,by making the following changes:
Amending Section 4.122(14)(B)(b)-by adding the underlined language to read as follows:
4.122.14 Residence 4 District
14. Residential Dwellings
28
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
A. Dwelling Types
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.D of this Bylaw.
B. Conversions - 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.D of this Bylaw, provided that conversion from a one-family to a two-family
dwelling meets the following additional requirements:
a. 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.
b. If a conversion involves razing an existing structure, the gross floor area of the new
residential structure shall not exceed 150% of the gross floor area of the original
building,nor shall the new structure be more than 1,000 square feet of gross floor area
larger than the original structure,whichever is less. The size of the second dwelling unit
may never exceed 1,500 square feet. If an existing lot is subdivided to form two or
more new lots,and the existing structure lies within more than one of the new lots,and
if the existing structure is to be razed in connection with the conversion, then new
buildings on any lot formerly covered by the existing structure must comply with all the
provisions of 4.122.1413 of the Bylaw. Newly created lots not formerly covered by the
existing structure must meet the requirements of 4.122.14D of the Bylaw.
Or to take any other action relative thereto.
Petition of the Planning Board
Recommendations:
Board of Selectmen:
Finance Committee:
Article CC. Amend North Andover Zoning Bvlaw — Section 10.31(1) — Conditions for
Approval of Special Permit. To see if the Town will vote to amend Section 10.31(1)to modify
existing and to incorporate additional conditions for approval of a special permit by making the
following changes.
Amending Sections Section 10.31(1)by adding the underlined language to read as follows:
10.31 Conditions for Approval of Special Permit
1. The Special Permit Granting Authority shall not approve any such application for a Special
permit unless it finds that in its judgment all the following conditions are met:
a. The specific site is an appropriate location for such a use,structure or condition,
b. Social economic,or community needs which are served by the proposal;
c. The use as developed will not adversely affect the neighborhood character and social
structures-,
29
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
d. There will be no nuisance or serious hazard to vehicles or pedestrians,
e. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use,
f The Special Permit Granting Authority shall not grant any Special Permit unless they make
a specific finding that the use is in harmony with the general purpose and intent of this
Bylaw.
Or to take any other action relative thereto.
Petition of the Planning Board
Recommendations:
Board of Selectmen:
Finance Committee:
Article DD. Amend Zoning Bylaw- Section 6— Signs and Outdoor Lighting Regulations.
To see if the Town will vote to amend Section 6—Signs and Sign Lighting Regulations as follows:
SECTION 6 SIGNS AND SIGN LIGHTING REGULATIONS
6.1 Authority and Interpretation
This Bylaw is adopted, as a General Bylaw pursuant to Chapter 93, Section 29-33, inclusive, as
amended,
and a Zoning Bylaw pursuant to Chapter 40-A, as amended of the General Laws of the
Commonwealth of Massachusetts. This Bylaw is hereby declared to be remedial and protective,
and is to be so construed and interpreted as to secure the beneficial interests and purposes defined
in Section 6.2 of this Bylaw.
6.2 Purposes
1. The regulation and restriction of signs within the Town of North Andover in order to
protect and enhance the visual environment of the Town for purposes of safety,
convenience,information,and welfare of its residents.
2. The restricting of signs and lights which overload the public's capacity to receive
information, which violate privacy, or which increase the probability of accidents by
distracting attention or obstructing vision.
3. To encourage signage and lighting which aid communication, orientation, identify
activities, express local history and character, serve educational purposes for the public
good.
4. The reduction of visual and informational conflict among private signs and lighting and
between the private and public information systems.
6.3 Definitions
Introduction. The definitions provided in this Section 6.3 shall apply to any matters pertaining to
signs, sign lighting or related matters. To the extent of any conflict between these definitions and
30
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
any definitions in the Bylaw as a whole, the definitions in this Section shall apply but only as
specifically applied to signs, sign lighting or related matters.
1. Accessory Sign - A sign that advertises activities, goods, products, or a specific use, Formatted Font Times New Roman 12 pt
owner, or tenant, available within the building or on the property on which the sign is Formatted:Font:(Default)Times New
located,or advertises the property as a whole or any part thereof for sale or rent. Roman 1z pt Not Bold -
2. ,Awnings. Retractable, fabric awnings projecting from the wall of a building for the Formatted Font (Defanit)TimesNew
g g 1� � g g i Roman 12 pt
3. purpose ui d n Fronta e shielding The length in feet of as ground level of a building front or side ' Formatt ed Font (Default)Tim
Building Frontage New
gt $ $ y' Roman 12 pt Not Bold
facing a Formatt ed:Font:(Default)Times New
street(or facing a right-of-way accessible from a street)that is occupied by an individual Roman,12 pt
business. Formatted Font (Default)Times New
4. Dimensional Sign-A non-accessory sign containing no advertising and giving direction to ; Roman 12 pt Not Bold
community (non-commercial) activities, buildings, areas, such as churches, schools, Formatted:Font:(Default)Times New
playgrounds, ' Roman 12 pt
museums, historical sites, public buildings, etc. Such signs shall not exceed 12"x30" in Formatted Font (Default)Times New
/, Roman 12 pt Not Bold
dimension.
% Formatted Font (Default)Times New
5. pisplay Window Signs;- Temporary signs on the surface of or inside display windows, 0 Roman 12 pt
lighted Y g g �� dpt Note Idault Tim
Formatter ( ) es New
only b the general building illumination. Roman 1z
6. Trect�-- Shall mean and include to construct,place,relocate, enlarge, alter, attach, suspend, 1' Formatted Font (Default)Times New
and/or /'Roman 12 pt
post. Formatted Font (Default)Times New
7. Flagpole A pole erected on a roof, projecting from a building or structure, or projecting ��' ,' ..Roman 12 pt Not Bold
from the ground. f Formatted Font (Default)Times New
8. AGrond Sign;Any sign erected on the ground which is freestanding or self-supported and o' Formatted:
g g g h hY Roman,12 pt,Not Bo
anchored to the round, includm but not limited to s1 ns built on osts, stanchions, ions or Font:(Default)Times New
Id
other similar structures. `"
Formatted Font (Default)Times New
9. Jlluminated Sign ;- Any sign illuminated by artificial light including reflective or Roman 12 pt
-�
phosphorescent light and shall include the location of source of illumination,whether from inside Formatted Font (Default)Times New
the sign, such as neon or similar gas based lights, or from an exterior light source regardless of Roman 12 pt Not Bold
type Or construction. Formatted Font (Default)Times New
- Roman 12 pt 10. ar uee-An sheltering structure of permanent construction projecting from and totally
,
supported by the wall and/or roof of a building,but excluding an awning as herein defined. , Formatted Font (Default)Times New
Yon-Accessory Roman 12 pt Not Bold
11. tei Sign;-Any Sign that is not an accessory Sign. Formatted Font (Default)Times New
12. p ,Ob c ne- shall have the meaning as that term is defined in Massachusetts General Laws Roman 12 pt
Formatted:Font:(Default)Times New
272, Section 1. Massachusetts General Laws, Chapter 272, Section defines "obscene" as Roman,12 pt,Not Bold
follows: Formatted Font (Default)Times New
1. appeals to the prurient interest of the average person applying the contemporary Roman 12 pt
standards of the county where the offense was committed, Formatted Font (Default)Times New
2. depicts or describes sexual conduct in a potentially offensive way,and 'Roman 12 pt Not Bold
3.lacks serious literary,artistic,or political or scientific value. Formatted Font (Default)Times New
13. Permanent Sign;Any sign permitted to be erected and maintained for more than sixty(60) .-R.o p
man 12- t -
Formatted Font (Default)Times New
days. Roman 12 pt Not Bold
14. JPrimary Sign-The principal accessory sign which may be a wall,roof,or ground sign,as - Font (Default)Times New
�RomaO 12 pt
31
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
allowed in Section 6.6.
15. Projecting Sign - Any sign which is attached or suspended from a building or other
structure and
any part of which projects more than twelve (12) inches from the wall surface of that
portion of
the building or structure.
16. Roof Sign -Any sign erected, constructed, and maintained wholly upon, connected to, or
over
the roof or parapet of any building with the entire support on the roof or roof structure.
17. Secondary Sign-A wall,roof, or ground sign intended for the same use as a primary sign
but
smaller dimensions and lettering,as allowed in Section 6.6.
18. Sign - A sign is any structure, device, light, letter, figure, word, model, banner, pennant,
trade flag, or representation that is designed to be seen from outside of the lot on or the
building or structure in which it is erected. It may be stationary or moving, whether
mechanical, electrical or wind-drive. It advertises activities, goods, places, persons,
objects,institutions,organizations,associations,businesses or events,products,services,or
facilities available either on the property where the sign appears or at some other location.
The definition includes electric signs in windows or doors, but does not include interior
window displays of merchandise. A sign may be permanent or temporary.
19. Sign Size(Area)-The surface area of any sign is the entire area within a single continuous
perimeter enclosing the extreme limits of lettering, representation, emblems, or other
figures,
together with any material or color forming an integral part of the display or used to
differentiate
the sign from the background against which it is placed. Structural members bearing no
sign
copy shall not be included.
20. Wall Sign -Any sign affixed to, suspended from or painted on a wall, window, marquee,
or
parapet.
,6.4 Administration and Enforcement Formatted Font (Default)Times New
,1. Enforcement-The Building Inspector is hereby designated as the Sign Officer and is Roman iz pt Not Bold
hereby Formatted Font (Default)Times New
charged with the enforcement of this Bylaw. Roman iz pt a
a. The Sign Officer and his duly authorized agents shall,at reasonable times and upon
presentation of credentials,have the power to enter upon the premises on which any sign is
erected or maintained in order to inspect said sign.
b. The Sign Officer is further authorized,upon notice as herein provided,to order the repair or
removal of any sign which in his judgment is(i)a prohibited non-accessory sign,(ii)is likely to
become dangerous,unsafe,or in disrepair,and/or(iii)which is erected or maintained contrary to
this Bylaw. The Sign Officer shall serve a written notice and order upon the owner of record of the
premises where the sign is located and,if known,any advertiser,tenant,or other persons known to
him having control of or a substantial interest in said sign,directing the repair or removal of the
sign within a time not to exceed thirty(30)days after giving such notice. If such notice and order
32
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
is not obeyed within such period of time,the Sign Officer and his duly authorized agents shall,at
reasonable times and upon presentation of credentials,have the power to enter upon the premises
on which said sign is erected or maintained and repair or remove,or cause to be repaired or
removed,said sign.All expenses incurred by the Sign Officer and his duly authorized agents in
repairing or removing any sign shall be assessable against any person who failed to obey said
notice and order and shall be recoverable in any court of competent jurisdiction if not paid within
thirty(30)days after written notice of assessment is given by the Sign Officer at any such person.
2.Permits:
a. No permanent sign shall be erected, enlarged, or structurally altered without a sign
permit
issued by the Building Inspector. Permits shall only be issued for signs in
conformance with this Bylaw. Permit applications shall be accompanied by two(2)
prints of scale drawings of
the sign, supporting structure and location. A copy of any relevant special permit
shall also
accompany the application. All ground or roof signs shall be registered and
identified as
required by Section 1407.0 of the State Building Code.
b. No temporary sign may be erected without a sign permit issued by the Board of
Selectmen. Permits shall only be issued for signs in conformance with this Bylaw.
Permit applications shall be accompanied by two(2)prints of scale drawings of the
sign, supporting structure and location. Such prints need not be prepared by a
professional provided they accurately and clearly depict the sign to be erected.
C. Notwithstanding anything to the contrary in this Bylaw, any permanent sign
authorized under this Bylaw may contain any otherwise lawful, non-commercial
message which does not direct attention to a business or to a service or commodity
for sale in lieu of any message or content described in the applicable regulation.
3. Non-conformance of Accessory Signs:
Any non-conforming sign legally erected prior to the adoption of this provision,may be
continued and maintained. Any sign rendered non-conforming through change of use or
termination of activities on the premises shall be removed within thirty(30) days of order
by the Building
Inspector. No existing sign shall be enlarged, reworded,redesigned, or altered in any way
unless
it conforms to the provisions contained herein. Any sign which has been destroyed or
damaged
to the extent that the cost of repair or restoration will exceed one-third (1/3) of the
replacement
value as of the date of destruction shall not be repaired,rebuilt,restored or altered unless in
conformity of this Bylaw(except as may be provided in Section 6.7).
4. Street Banners or Signs - Street banners or signs advertising a public or charitable
entertainment
or event, shall be permitted by Special Permit from the Board of Selectmen. Such a sign
shall be removed within seven(7)days after the event.
33
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
6.5 Prohibitions:
rFormatted:Font (Default)Times New
�1. No sign shall be lighted, except by steady, stationary light, shielded and directed solely at Roman iz pt
the
sign. Internally lit signs are not allowed.
2. No illumination shall be permitted which casts glare onto any residential premises or onto
any
portion of a way so as to create a traffic hazard.
3. No sign shall be illuminated in any residential district between the hours of 12:00 midnight
and
6:00 a.m. unless indicating time or temperature or an establishment open to the public
during
those hours.
4. No sign having red or green lights shall be erected within sight of a traffic signal unless
approved
as non-hazardous by the Chief of Police.
5. No animated,revolving, flashing, or exterior neon sign shall be permitted. Neon signs, or
signs of similar make or design,that are visible from the street but which are located within
the interior of a building (e.g. "Open" signs, alcoholic beverage signs) shall be no more
than 12" by 24" in dimension and shall not be animated, revolving, or flashing for any
reason unless a Special Permit for such large size or function is by Special Permit from the
Board of Selectmen,to be renewed annually.
6. No pennants, streamers, advertising flags (including "Open" flags), spinners, "A" frame
signs or similar devices shall be permitted,except as allowed by the Board of Selectmen.
7. Corner visibility shall not be obstructed.
8. No sign shall be erected, displayed, or maintained upon any rock, tree, fence, or utility
pole.
9. No sign shall be erected,displayed,or maintained if it contains any obscene matter.
10. Flags and insignia of any Government when displayed in connection with commercial
promotion, provided that one American flag not larger than 3' x 5'in dimension may be
displayed without a sign permit, but otherwise consistent with the requirements of the
Bylaw.
11. No sign shall obstruct any means of egress from a building.
12. Projecting signs are prohibited except as provided in Section 6.7.
13. Non-accessory signs are prohibited except for directional signs as allowed in Section 6.6,
B.
14. No signs shall be attached to motor vehicles,trailers or other movable objects regularly or
recurrently located for fixed display.
15. No sign may be located on or over any public sidewalk or right of way except a temporary
sign as may be allowed by the Board of Selectmen. No sign shall for any reason obstruct
the passage of pedestrians or vehicles, or hinder access to a fire hydrant or similar public
structure,because of its location on or over a public sidewalk or right of way. No sign may
be affixed to a utility pole or located on the ground in any designated loading zone.
16. Signs which are the sole or primary structure on a lot, such as billboards, shall require a
Special Permit from both the Planning Board and the Board of Selectmen. Such signs may
only be erected in an Industrial district not and shall not abut a Residential district.
34
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
6.6 Permitted Signs(Fee Required)
A. Residence District - Accessory Signs - The following signs are allowed in a residence
district as
well as all other districts.
1. Primary wall and roof signs attached to or part of the architectural design of a building
shall not
exceed,in total area, more than ten percent(10%)of the area of the dimensional elevation
of the
building as determined by the building frontage multiplied by the floor to ceiling height of
the
individual business or as specified in applicable sections of the by-law. For example, a
business with 30 feet of frontage occupying the first floor of a building, to a height of 10
feet total,would have a dimensional elevation of 300 square feet and therefore could have a
sign of up to 30 square feet in total area. If such business occupied 2 stories, for a total of
20 feet in height,the sign could be up to 60 square feet in area. Such primary sign may be
located on either the front or side of the business, but not both, at the discretion of the
applicant.
2. One(1) sign, either wall or ground,but not roof,indicating only the name of the owner or
occupant, street number and permitted uses or occupations engaged in thereon, not to
exceed two (2) square feet in area. Such sign may include identification of any accessory
professional office,home
occupation, or other accessory uses permitted in a residence district. Ground signs shall be
set
back a minimum of ten(10) feet from all property lines and a minimum of forty(40) feet
from all
residential districts or structures.
3. One (1) sign oriented to each street on which the premises has access, either attached or
ground,
pertaining to an apartment development or a permitted non-residential principal use of the
premises, such sign not to exceed ten(10)square feet in area.
4. One (1) unlighted contractor's sign, not exceeding twenty-five (25) square feet in area,
maintained
on the premises while construction is in process and containing information relevant to the
project. Such sign shall be removed promptly after completion of the construction.
5. One(1)unlighted identification sign at each public entrance to a subdivision not exceeding
twelve(12)square feet in area,to be removed when the subdivision roadway is accepted by
the
Town.
6. Ground signs shall be set back a minimum of ten (10) feet from all property lines and a
minimum
of forty (40) feet from all residential districts or structures (except as provided in Section
6.7).
7. Off-premises Signs: Only signs pertaining exclusively to the premises on which they are
located
35
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
or to products, accommodations, services or activities on the premises shall be allowed,
except
that an off-premises directional sign, designating the route to an establishment not on the
street to
which the sign is oriented,may be erected and maintained within the public right-of-way at
any
intersection if authorized by the Board of Selectmen or on private property if granted a
special
permit by the Board if Appeals. Such sign shall be authorized only upon the authorizing
agency's
determination that such sign will promote the public interest, will not endanger the public
safety
and will be of such size,location and design as will not be detrimental to the neighborhood.
At
locations where directions to more than one(1)establishment are to be provided,all such
directional information shall be incorporated into a single structure. All such directional
signs
shall be unlighted,and each shall be not over four(4)square feet in area.
B. Temporary Signs: Temporary signs(which shall not be maintained for more than 60 days)
shall be allowed as provided below,and provided that they comply with the following:
(a) Unless otherwise specified in the Bylaw,temporary signs must comply with all applicable
requirements for permanent signs,including issuance of a sign permit by the Board of
Selectmen.
1. Temporary signs, of not more than twelve(12) square feet in area, erected for a charitable
or
religious cause; require no sign permit and are to be removed within thirty (30) days of
erection.
2. The Building Inspector shall maintain placement controls for all temporary signs, subject to
the original sign permit granted.
2. One (1) temporary unlighted real estate sign advertising the sale, rental or lease of the
premises or
subdivision on which it is erected to be not larger than six(6) square feet;requires no sign
permit and is to be removed fourteen(14)days after sale,rental or lease.
3. One(1)temporary unlighted sign not larger than twenty-five(25)square feet indicating the
name
and address of the parties involved in construction on the premises.
4. Temporary signs not meeting requirements for permanent signs may advertise sales,special
events,or changes in the nature of an operation,but shall not otherwise be used to advertise
a
continuing or regularly recurring business operation and shall be removed promptly when
the
information they display is out of date. The sign(s)must be removed within thirty(30)days
of
erection.
5. Temporary signs pertaining to a candidate or ballot question appearing on the ballot of an
election
36
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
duly called in the Town of North Andover shall require no sign permit and shall be allowed
in all
zoning districts. Such signs permitted by this Bylaw:
(a) shall only be permitted on private property and shall not be located in any right of
way,median strip,park or municipal site,provided that signs may be located on the
green strip in front of a residence with the permission of the owner of the applicable
fronting property,
(b) shall not exceed six (6) square feet in area per sign and shall not exceed in
aggregate
twenty-four(24)square feet in area per lot,
(c) shall not be higher than three(3)feet above ground level,
(d) shall be stationary and shall not be illuminated,
(e) should not be erected for more than 30 days before an election,
(f) shall be removed within 7 days after the election in question;and
(g) shall include the name and mailing address for the responsible party for the sign for
enforcement purposes.
6. Unless otherwise specified in this Bylaw, temporary signs pertaining to other non-
commercial
issues shall require no sign permit and shall be allowed in all zoning districts. Such signs
shall be
subject to the limitations set forth in subsection(5)(a)-(g)above.
7. Identification Signs or entrance markers for a church, or synagogue shall not exceed a
combined
total of thirty(30) square feet and provided that there shall be no more than two(2) signs
allowed
on the premises without a sign permit from the Board of Selectmen for each additional sign
or signs.
8. Notwithstanding any other provisions of this Bylaw,signs may be erected for posting land
(for example,no hunting,no trespassing,no soliciting,etc.).
C. Residence Districts: Non-accessory Signs - Directional signs shall be permitted by
Special Permit from the Board of Selectmen,limited as follows:
1. Two(2)signs for each activity,not exceeding 6"x30"in size.
2. Ground signs not exceeding eight(8)feet in height.
D. Business Districts
In Business Districts(excepting Shopping Centers and Office Parks as indicated below):
1. All signs permitted in residence districts as provided in Section 6.6(A)and 6.6(B)shall also
be permitted, except that temporary real estate signs may be as large as twenty-five (25)
square feet. Each owner,lessee, or tenant shall be allowed a primary and a secondary sign.
Said sign may be used as ground,wall,or roof signs.No lot shall be allowed to have more
than one(1)ground sign structure,excepting directional signs.
2. Primary wall and roof signs attached to or part of the architectural design of a building
shall not
37
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
exceed,in total area, more than ten percent(10%)of the area of the dimensional elevation
of the
building as determined by the building frontage multiplied by the floor to ceiling height of
the
individual business or as specified in applicable sections of the by-law. For example, a
business with 30 feet of frontage occupying the first floor of a building, to a height of 10
feet total,would have a dimensional elevation of 300 square feet and therefore could have a
sign of up to 30 square feet in total area. If such business occupied 2 stories, for a total of
20 feet in height,the sign could be up to 60 square feet in area. Such primary sign may be
located on either the front or side of the business, but not both, at the discretion of the
applicant.
3. One(1)permanent ground sign of not more than twenty-five(25)square feet in area and
extending not more than eight(8) feet above ground level. Larger or taller signs may be
allowed
by Special Permit of the Board of Appeals,if said Board determines that the particular sign
Will
not be incongruous with the district in which it is to be located nor injurious to traffic and
safety
conditions therein(1998/31).
4. For premises having multiple occupants,each occupant shall be permitted one wall or roof
sign and the building shall be permitted one ground sign identifying multiple occupants
listed on such sign.. The total area of wall signs shall not exceed ten percent(10%)of wall
area,and the area of any ground sign allowed under this paragraph shall not exceed twenty-
five(25)square feet.
5. Temporary unlighted signs inside windows,occupying not more than twenty percent(20%)
of the
area of the window require no sign permit.
6. A sign projecting more than one(1)foot over any public sidewalk or right-of-way shall be
covered by appropriate liability insurance as determined by the Building Inspector and
verified by a certificate of insurance filed with the Town Clerk annually to coincide with
annual municipal license renewals,as may be amended.
7. Service stations or garages may divide the allowed wall sign area into separate, smaller
wall signs
indicating separate operations or departments. A ground identification sign of fifty (50)
square feet in area with a price sign incorporated is permitted,provided the height does not
exceed 16 feet. Larger or taller signs may be allowed by Special Permit of the Board of
Appeals,if said Board determines that the particular sign will not be incongruous with the
district in which it is to be located nor injurious to traffic and safety conditions therein.
8. For active fuel dispensing Service Stations,with multiple tenants,on the same lot:
One single free standing ground identification sign of 50 square feet in area is allowed,
which is to
include within the 50 square feet,the identification of the multiple tenants on this same lot.
The
Service Station identification and price information shall be no less than 60% of the total
ground sign. Pricing information, if advertised, is also to be within the allotted square
38
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
footage for service stations. The maximum height (including pylons) of this ground sign
shall be 16 feet from ground level. Larger or taller signs may be allowed by Special Permit
of the Board of Appeals, if said Board determines that the particular sign will not be
incongruous with the district in which it is to be located nor injurious to traffic and safety
conditions therein.
9. Building directories(if located outside)may be affixed to the exterior wall of a building at
each
public entrance. Such directory shall not exceed an area determined on the basis of one(1)
square foot for each establishment occupying the building.
10. Traffic control, orientation and guidance signs located on private property, shall be up to
four (4) square feet in area, and shall be solely displayed for purposes of direction or
convenience, including signs identifying parking, fire lanes, rest rooms, freight entrances
and the like.
E. Shopping Centers
1. For any retailing complex comprising three(3)or more enterprises on a single lot and fifty
thousand(50,000)square feet floor area or more(a"Shopping Center),one(1)ground sign
shall be permitted for each street on which the development fronts, containing the name or
other identification of the area occupied by the complex. Each sign shall be no larger than
one hundred (100) square feet. Such sign shall not be located within ten (10) feet of any
property line or the line of any right of way, and no part of the sign shall be more than
twenty(20) feet above the ground level. Signs are also permitted as in residence districts,
except that temporary real estate signs may be as large as ten(10)square feet.
2. Signs attached to a building, parallel with the facade and not projection above the roof-
line, shall be permitted advertising the name of a firm or goods or services available on the
premises,provided that the total area of all signs erected on any wall by any occupant may
not exceed twenty percent (20%) of the portion of the front wall area assigned to that
occupant. For example, an occupant of 50% of a building may have a sign covering no
more than 20%of such 50%wall area.
3. In no event shall the overall coverage of any one wall exceed 20% regardless of the
aggregate number of tenants or occupants. In no event shall any occupant's sign total more
than two hundred(200)square feet facing any single street.
4. Temporary,unlighted signs,inside windows, occupying not more than fifty percent(50%)
of the
area of the window requires no sign permit.
F. Office Parks
1. For any primarily office related project or complex of one or more buildings, one (1) sign
for each street upon which the premises has frontage is permitted,identifying a subdivision
of lots for office development. This sign shall be no greater than eight(8)feet in height and
no larger than twenty(20) square feet in area except where the property fronts on a high-
speed, limited access highway, in which case a special exception may be granted for a
larger sign if required for legibility.
39
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
2. Signs for individual properties or tenants shall be limited to a single sign no larger than
three(3)
square feet per tenant. Individual tenants must have Letter of Permission from property
owner.
The Board of Appeals may grant a Special Permit for an exception for a larger area where
this
will not impair legibility of other signs or be incongruous with the surroundings, based
upon
consideration of the number of occupants and signs per building, size of building and
integration
of sign and building design.
G. Industrial Districts
For Industrial Districts:
1. Signs as permitted in residence districts are permitted, except that temporary real estate
signs may be as large as twenty-five(25)square feet.
2. Wall signs attached flat against the wall of a building,or projecting not more than six(6)
feet above such wall, are permitted advertising the name of the firm or goods or services
available or produced on the premises; provided that the total area of all such signs does
not exceed twenty percent
(20%) of the area of the side of the building to which they are attached or two hundred
(200)
square feet,whichever is less.
3. One(1)ground sign,containing the name or other identification of the use on the
property, for each street on which the property fronts is permitted,provided that each sign
is limited to an area of one hundred(100)square feet. Such sign shall not be located closer
than forty (40) feet to any property line or twenty (20) feet above ground level. Formatted Font (Default)Times New
Roman 12 pt
H. Guidelines The following are further means by which the objectives for signs can be
served. These guidelines are not mandatory, but degree of compliance with them shall be
considered by the Board of Selectmen,Planning Board,Zoning Board of Appeals in acting
upon special permits authorized by the Zoning Bylaws and by the Building Inspector in
issuing a sign permit authorized under this Section of the Zoning Bylaw.
Efficient Communication:
Formatted Font (Default)Times New
1. SSigns should not display brand names, symbols or slogans of nationally distributed Roman 12 pt
products
except in cases where the majority of the floor or lot on the premises is devoted to
manufacture or
sale or other processing of that specific product.
2. Premises chiefly identified by a product name (such as a gasoline or auto brand) should
devote
some part of their permitted sign area to also displaying the identity of the local outlet.
40
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
3. Signs should not contain selling slogans or other advertising which is not an integral part of
the
name or other identification of the enterprise.
4. Sign content normally should not occupy more than forty percent (40%) of the sign
background,
whether a signboard or a building element.
5. Signs should be simple,neat and avoid distracting elements, so that contents can be quickly
and
easily read. Formatted Font (Default)Times New
Roman 12 pt
Environmental Relationship
Formatted Font (Default)Times New
1. Sign design should take into consideration the scale of the street to which the sign is Roman 12 pt
oriented and the size,brightness, style,height and colors of other signs in the
vicinity.
2. Sign brightness should not be excessive in relation to background lighting levels, e.g.,
averaging
not in excess of one hundred(100) foot lamberts in the downtown or similarly bright areas
and
not in excess of twenty(20)foot lamberts in unlighted outlying areas.
Building Relationship
1. Signs should be sized and located so as to not interrupt obscure or hide the continuity of
columns,
cornices, roof eaves, sill lines or other elements of building structure and where possible,
should
reflect and emphasize building structural form.
2. Sign material, colors and lettering should be reflective of the character of the building to
which
the sign relates,just as sign size should be related to building size.
3. Clutter should be avoided by not using support brackets extending above the sign or guy
wires
and turn buckles.
Landscaping,Buffering,Lighting
1. In Shopping Centers and Office Parks,landscaping shall be provided and maintained in
accordance with planting approved by the Planning Board and incorporated as part of the
plans
on which the Special Permit of the Board of Appeals is based.
2. In all industrial districts,landscaping shall be provided and maintained in front yards and in
side
yards abutting public ways for aesthetic reasons to break up lines of buildings and for
screening
accessory facilities under the requirements discussed below. Specifically, in all Industrial
and
41
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
Business Districts,landscape screening shall be provided adjacent to:
a. Abutting existing residential properties;and
b. Abutting limited access highways in addition to the landscaping in front and side
yards
mentioned above.
Landscape screening shall consist of planting, including evergreens, the plantings to be of such
height
depth as is needed to screen adequately from view from abutting area any unshielded light source,
either
inside or outside.
(Section 6 amended May 6, 1996 Annual Town Meeting,Article 21)
,6.7 Exceptions to Sign Requirements Formatted Font (Default)Times New
Roman 12 pt Not Bold
--- -- .-.-..J
A. The following exceptions are intended to encourage economic development in the Town Formatted Font (Default)Times New
while maintaining and encouraging the aesthetic and historic character of the Town. Roman 12 pt
1. Downtown District. The owners of real property located on Main Street, from
Sutton Street to Second Street(and the length of which may be amended by vote of the Board of
Selectmen) shall be authorized to form a neighborhood district association for the purpose of
developing aesthetical and design standards for buildings that front on Main Street and to develop
such standards in a democratic fashion. An initial design standard shall be prepared by the Town
Planner, after consultation with the property owners within the district. These design standards
shall not be in any way be mandatory,but may be used to create exceptions for applicants who are
applying for signage relief or as a basis for accessing grants from or through the Town for street or
building improvements. Limited and special relief from certain signage matters may be granted
provided the applicant agrees to conform otherwise to the Bylaw and provided such applicant
complies with the standards created by the association. The association may create standards as to
building and trim colors, signage colors and materials, and the design and character of privately
owned "street furniture" (e.g. benches, waste receptacles, etc.). The Town shall endeavor to
harmonize its street improvement efforts with those of the association.
2. Non-conforming signs. In the event the application of Section 6.4(3) would prevent the - rFormattea Font (Default)Times New
relocation of a non-conforming sign anywhere on the subject property,the sign may be rebuilt on Roman 12 pt
the location in question, subject to the remaining provisions contained in said section and as
further provided in this section. In the alternative,the Board of Appeals may with the consent of
the applicant, permit the sign to be relocated to a new location on the property that would
otherwise be non-conforming but which overall would be less non-conforming than the original
location. In either instance, the applicant shall only be permitted to rebuild such sign if the
applicant agrees(a)to reconstruct the sign in conformance with all other provisions of the Bylaw
and(b)if applicable,to use materials, colors or design features consistent with any Town-wide or
Downtown neighborhood district requirements,if any,that have been adopted by said association
or Town Meeting for the district in question.
42
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
Projecting Signs. While projecting signs are generally prohibited, an applicant located within the
area comprising the Downtown neighborhood district association may petition the Board of
Appeals to allow the installation of projecting signs or awnings, provided that such projecting
signs or awnings shall be constructed consistent with the then current standards adopted by such
association. A building with multiple occupants shall be required to maintain consistency of
colors,materials and design features for any projecting signs or awnings. For example, an awning
may not be installed that is of different colors or colored lettering than a neighboring store in the
same building. Notwithstanding anything in this Bylaw to the contrary, all such projecting signs
and awnings shall be maintained in good order, condition and repair at all times and shall not(a)
interfere with the safe passage of pedestrians or vehicles,(b)constitute a danger to members of the
public, (c) permit the unsafe accumulation of water, ice or snow, or (c) otherwise constitute a
nuisance.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article FF. Amend Chapter 178 of the General Bylaws — Wetlands Protection.
(COMMITTEE)
Recommendations:
Board of Selectmen:
Finance Committee:
Article GG. Amend Town Code—Chapter 170—Underground Utility Bylaw—Add School
Street. To see if the Town will vote to amend the Town Code,Chapter 170—Underground Utility
Bylaw by modifying Section 3, subsection C to read"Downtown Area: Main Street from Sutton
Street to Merrimac Street, including 200 feet from Main Street for the following side streets —
Waverly Road, First Street, and Second Street, all of School Street, and on Water Street from
Main Street to High Street;or to take any other action relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Planning Board:
Article HH. Street Acceptances.
43
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
DPW — Surrey Drive,Inglewood Street, Grosvenor Avenue, Granville Lane,
and Wildwood Circle.
Planning Board: Sherwood Drive,Chatham Circle,Nantucket Drive
Recommendations:
Board of Selectmen:
Finance Committee:
Planning Board:
Article 11(CP). Intermunicipal Agreement Between North Andover/Middleton Water
and Sewer Tie-ins.
Petition of Frank Terranova and others
Recommendations:
Board of Selectmen:
Finance Committee:
Planning Board:
ARTICLE JJ. Approve Collective Bargaining Agreement between the Town of North
Andover and the International Brotherhood of Police Officers (IBPO), Local 496. To see if
the Town will vote to approve a collective bargaining agreement between the Town of North
Andover and the International Brotherhood of Police Officers(IBPO),Local 496,for the period of
July 1,2004 through June 30,2007,or to take any other action relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Planning Board:
ARTICLE KK Approve Collective Bargaining Agreement between the Town of North
Andover and the International Brotherhood of Police Officers (IBPO), Local 454. To see if
the Town will vote to approve a collective bargaining agreement between the Town of North
Andover and the International Brotherhood of Police Officers(IBPO),Local 496,for the period of
July 1,2004 through June 30,2007,or to take any other action relative thereto.
Petition of the Board of Selectmen
Recommendations:
44
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
Board of Selectmen:
Finance Committee:
Planning Board:
Article LL. Acceptance of Massachusetts General Laws Chapter 44 Section 55C
Establishing a Municipal Affordable Housing Trust Fund.
Comment Only: (On request of the North Andover Housing Partnership Committee)
To see if the Town will vote to establish an Affordable Housing Trust,pursuant to Massachusetts
General Laws,Chapter 44, Section 55C,which shall contain the following terms and conditions:
ARTICLE FIRST: Name of the Trust
The trust shall be called the"Town of North Andover Affordable Housing Trust Fund".
ARTICLE SECOND: Purpose
The purpose of the Trust shall be to provide for the preservation and creation of affordable housing
in the Town of North Andover for the benefit of low and moderate-income households. In
furtherance of this purpose,the Trustees are hereby authorized,in accordance with the procedures
set forth herein, to acquire by gift, purchase or otherwise real estate and personal property, both
tangible and intangible,of every sort and description;to use such property,both real and personal,
in such manner as the Trustees shall deem most appropriate to carry out such purpose, provided
however,that all property held by the Trust and the net earnings thereof shall be used exclusively
for the preservation and creation in the Town of North Andover of affordable housing for the
purposes for which this Trust was formed.
ARTICLE THIRD: Tenure of Trustees
There shall be a Board of Trustees consisting of not less than five nor more than seven Trustees
who shall be appointed by the Board of Selectmen. One of the Trustees shall be the Town
Manager. Only persons who are residents of the Town of North Andover shall be eligible to hold
the office of Trustee. Trustees shall serve for a term of two years, except that two of the initial
trustee appointments shall be for a term of one year, and may be re-appointed at the discretion of
the Board of Selectmen. Any Trustee who ceases to be a resident of the Town of North Andover
shall cease to be a Trustee hereunder and shall promptly provide a written notification of the
change in residence to the Board and to the Town Clerk. Any Trustee may resign by written
instrument signed and acknowledged by such Trustee and duly filed with the Town Clerk. If a
Trustee shall die, resign, or for any other reason cease to be a Trustee hereunder before his/her
term of office expires, a successor shall be appointed by the Board of Selectmen to fill such
vacancy provided that in each case the said appointment and acceptance in writing by the Trustee
so appointed is filed with the Town Clerk. No such appointment shall be required so long as there
are five Trustees in office. Upon the appointment of any succeeding Trustee and the filing of such
appointment, the title to the Trust estate shall thereupon and without the necessity of any
conveyance be vested in such succeeding Trustee jointly with the remaining Trustees. Reference
to the Trustee shall mean the Trustee or Trustees for the time being hereunder.
45
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
ARTICLE FOURTH: Meetings of the Trust
The Trust shall meet at least quarterly at such time and at such place as the Trustees shall
determine. Notice of all meetings of the Trust shall be given in accordance with the provisions of
the Open Meeting Law, G.L. Chapter 39, Sections 23A, 23B and 23C. A quorum at any meeting
shall be a majority of the Trustees qualified and present in person.
ARTICLE FIFTH: Powers of Trustees
The Board of Trustees shall have the following powers which shall be carried out in accordance
with and in furtherance of the provisions of G.L. Chapter 44, Section 55C:
with the approval of the Board of Selectmen, to accept and receive property, whether real or
personal, by gift, grant, devise, or transfer from any person, firm, corporation or other public or
private entity, including without limitation, grants of funds or other property tendered to the trust
in connection with provisions of any zoning by-law or any other by-law,
with the approval of the Board of Selectmen, to purchase and retain real or personal property,
including without restriction investments that yield a high rate of income or no income,
with the approval of the Board of Selectmen and Town Meeting, to sell, lease, exchange, transfer
or convey any real property at public auction or by private contract for such consideration and on
such terms as to credit or otherwise, and to make such contracts and enter into such undertakings
relative to trust real property as the Trustees deem advisable notwithstanding the length of any
such lease or contract,
with the approval of the Board of Selectmen, to sell, lease, exchange, transfer, or convey any
personal property at public auction or by private contract for such consideration and on such terms
as to credit or otherwise, and to make such contracts and enter into such undertakings relative to
trust personal property notwithstanding the length of any such lease or contract,
to execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants,
contracts,promissory notes,releases and other instruments sealed or unsealed,necessary,proper or
incident to any transaction in which the board engages for the accomplishment of the purposes of
the trust,
to employ advisors and agents, such as accountants, appraisers and lawyers as the trustees deem
necessary,
to pay reasonable compensation and expenses to all advisors and agents and to apportion such
compensation between income and principal as the trustees deem advisable,
to apportion receipts and charges between income and principal as the trustees deem advisable,to
amortize premiums and establish sinking funds for such purpose, and to create reserves for
depreciation depletion or otherwise;
with the approval of the Board of Selectmen,to participate in any reorganization,recapitalization,
merger or similar transactions;and to give proxies or powers of attorney with or without power of
46
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
substitution,to vote any securities or certificates of interest, and to consent to any contract, lease,
mortgage, purchase or sale of property, by or between any corporation and any other corporation
or person,
with the approval of the Board of Selectmen, to deposit any security with any protective
reorganization committee, and to delegate to such committee such powers and authority with
relation thereto as the trustees may deem proper and to pay, out of trust property, such portion of
expenses and compensation of such committee as the board, with the approval of the Board of
Selectmen,may deem necessary and appropriate,
to carry property for accounting purposes other than acquisition date values,
with the approval the Board of Selectmen and the approval of Town Meeting by a two-thirds
majority vote,to incur debt,to borrow money on such terms and conditions and from such sources
as the trustees deem advisable,and to mortgage and pledge trust assets as collateral,
with the approval of the Board of Selectmen, to disburse trust funds for the purpose of making
loans or grants in furtherance of the creation or preservation of affordable housing in North
Andover upon such terms as the Trustees shall deem most appropriate to carry out such purposes,
to make distributions or divisions of principal in kind,
to comprise,attribute,defend,enforce,release, settle or otherwise adjust claims in favor or against
the trust,including claims for taxes,and to accept any property,either in total or partial satisfaction
of any indebtedness or other obligation, and subject to the provisions of G.L. Chapter 44, Section
55C,to continue to hold the same for such period of time as the board may deem appropriate,
to manage or improve real property and, with the approval of the Board of Selectmen and Town
Meeting,to abandon any property which the trustees determine not to be worth retaining,
to hold all or part of the trust property uninvested for such purposes and for such time as the
trustees may deem appropriate;and
to extend the time for payment of any obligation to the trust.
ARTICLE SIXTH:Funds Paid to the Trust
Notwithstanding any general or special law to the contrary, all moneys paid to the trust in
accordance with any zoning by-law,exaction fee, or private contribution shall be paid directly into
the trust and need not be appropriated or accepted and approved into the trust. General revenues
appropriated into the trust become trust property and these funds need not be further appropriated
to be expended. All moneys remaining in the trust at the end of any fiscal year, whether or not
expended by the board within one year of the date they were appropriated into the trust, remain
trust property.
ARTICLE SEVENTH:Acts of Trustees
47
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
A majority of Trustees may exercise any or all of the powers of the Trustees hereunder and may
execute on behalf of the Trustees any and all instruments with the same effect as though executed
by all the Trustees. No Trustee shall be required to give bond. No license of court shall be
required to confirm the validity of any transaction entered into by the Trustees with respect to the
Trust Estate.
ARTICLE EIGHTH: Liability
Neither the Trustees nor any agent or officer of the Trust shall have the authority to bind the Town,
except in the manner specifically authorized herein. The Trust is a public employer and the
Trustees are public employees for the purposes of G.L. Chapter 268A. The Trust shall be deemed
a municipal agency and the Trustees special municipal employees for the purposes of G.L. Chapter
268A.
ARTICLE NINTH: Taxes
The Trust is exempt from G.L. Chapter 59 and 62, and from any other provisions concerning
payment of taxes based upon or measured by property or income imposed by the Commonwealth
or any subdivision thereto.
ARTICLE TENTH: Custodian of Funds
The Town Treasurer shall be the custodian of the funds of the Trust. The books and records of the
Trust shall be audited annually by an independent auditor in accordance with accepted accounting
practices for municipalities.
ARTICLE ELEVENTH: Governmental Body
The Trust is a governmental body for purposes of Sections 23A,23B and 23C of G.L. Chapter 39.
ARTICLE TWELFTH: Board of the Town
The Trust is a board of the Town for purposes of G.L. Chapter 30B and Section 15A of G.L.
Chapter 40;but agreements and conveyances between the trust and agencies,boards,commissions,
authorities, departments and public instrumentalities of the town shall be exempt from said
Chapter 30B.
ARTICLE THIRTEENTH: Duration of the Trust
This Trust shall be of indefinite duration,until terminated in accordance with applicable law.
Upon termination of the Trust, subject to the payment of or making provisions for the payment of
all obligations and liabilities of the Trust and the Trustees, the net assets of the Trust shall be
transferred to the Town and held by the Board of Selectmen for affordable housing purposes. In
making any such distribution,the Trustees may, subject to the approval of the Board of Selectmen,
sell all or any portion of the Trust property and distribute the net proceeds thereof or they may
distribute any of the assets in kind. The powers of the Trustees shall continue until the affairs of
the Trust are concluded.
ARTICLE FOURTEENTH
The Board of Selectmen may authorize the Trustees to execute, deliver, and record with the
Registry of Deeds any documents required for any conveyance authorized hereunder.
48
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
ARTICLE FIFTEENTH: Titles
The titles to the various Articles herein are for convenience only and are not to be considered part
of said Articles nor shall they affect the meaning or the language of any such Article.
And you are directed to serve this Warrant by posting true and attested copies thereof at the Town
Office Building and one public place in each voting precinct in the Town, said copies to be posted
not less than seven(7) days before the time of said meeting. Given under our hands this DATE
NEEDED WHEN SIGNED
Hereof, fail not, and make due return of the Warrant with the doings thereon to the Town at the
time and place of said meeting.
NORTH ANDOVER BOARD OF SELECTMEN
Rosemary Connelly Smedile
Chairman
Mark J.T. Caggiano
Thomas Licciardello
Donald B. Stewart
James M. Xenakis
49
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
NORTH ANDOVER,MASSACHUSETTS
Joyce A. Bradshaw,Town Clerk
Attest: A True Copy:
50
2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB