HomeMy WebLinkAbout2006 ANNUAL TOWN MEETING WARRANT-FINAL BOS TO SIGN-DRAFT-MARCH 22, 2006-CHANGE COPY O�NORT a qti
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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:
Vote Required: Majority Vote
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.
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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, 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:
Planning Board:
Vote Required: Majority Vote
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.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Vote Required: Majority Vote
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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:
Planning Board:
Vote Required:
Petition of the Board of Selectmen
TBW-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
TBW-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
TBW - 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.
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Recommendations:
Board of Selectmen:
Finance Committee:
Petition of the Board of Selectmen
TBW-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:
Petition of the Board of Selectmen
TBW - Article L 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:
Vote Required: Four-fifths(4/5)Vote
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
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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:
Vote Required: Majority Vote or Possible 2/3 Vote—Depending on Motion
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:
Vote Required: Majority Vote
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:
Vote Required: Majority Vote
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.
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Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Vote Required: Majority Vote
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:
Vote Required: Majority Vote
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:
Vote Required: Majority Vote or 2/3 Vote Dependent on Motion
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
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Recommendations:
Board of Selectmen:
Finance Committee:
Planning Board:
Vote Required: Majority Vote-????
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 '/2 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 Community Preservation Committee and Appropriation
From the Community Preservation Fund. To receive the report of the Community
Preservation Committee and to see if the Town will vote to raise, borrow and/or
appropriate from the Community Preservation Fund,in accordance with the provisions of
Massachusetts General Laws Chapter 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.
T1. 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:
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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.
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Chapter 88-5. License Fees:
All dogs six(6)months old or older must be licensed and tagged.
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:
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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.
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.
Chapter 77-1. Building Permit Fees,Exclusive of Mechanical and Utility 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
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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:
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 I" 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.
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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:
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:
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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.
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
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by membership vote pursuant to the consortium's bylaws; or to take any other action
relative thereto.
Board of Assessors
Recommendations:
Board of Selectmen:
Finance Committee:
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:
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:
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16 Route 114 Corridor District 1 (RCD1)
-16416.1 Objectives: a--- Formatted:Bullets and Numbering
The Route 114 Corridor District 1 is intended:
1. To control a*E1--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.
5-4.To serve as a transition area between commercial development along Route---- Formatted:Bullets and Numbering
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 Permitted Uses
In the Route 114 Corridor District 1, building or - Comment[rui:this prohibits open space
- - - - ------------ ----------------
structure shall be reconstructed,_@Feete _erected,altered or used for any other
purpose than and shall not exceed 3,000 Boss square feet of building area:
1. Retail uses excluding auto sales and repair; tT to 2,500 feet 4
building area,provided there are 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.
,flab el ediate Of rod rod foOE S for-take OF
b -- Formatted:Bullets and Numbering
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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.
Genie al „_ff;,.o buildings not to exeeea 5,000 „ ess e�of
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-se-fit of the total Poor-s^^^° 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 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:
1. A structure or building greater than '' 003 000 gross square feet may be
allowed with+Ydt-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.
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.
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b. The products, materials or goods displayed, stored or sold outdoors, by
special permit,must not be visible from any residential use. ,,- Comment[R2]:This might be difficult to
c. The goods, materials, and products permissible for outdoor storage, 0O1trol,how about 30-50%of l°floor area9
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.
16.4 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.
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
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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 oF—whi4-e(uld4e
4evio-44-or which could be developed as future site development
aetFuty-oe_urs to 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----- Formatted:Bullets and Numbering
coverage 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.
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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
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_T4ie—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 ,- Comment[R3]:Is it intended for an four sae? If
-- -- - - - -- - - - ------ - ---- --- --- -
points of entry/exit,lawfully required fire access points,loading/receiving bay not,say so.
areas, and any other structural amenities necessary and ordinary to the use of
the building.
i-6. 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.
7. 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
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I. 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 of outdoor lights and illuminated signs shall be contained
on the property and shall be shielded from abutting properties.
6-5. Landscape screening shall consist of planting, including evergreens, the----- Formatted:Bullets and Numbering
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
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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.
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
Minimum 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
Minimum building and structures front setback 15 feet
Minimum building and structures rear setback 20 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
_.- Comment[R4]:Allow min disetanee between
16.11 Dimension and Density Requirements
- ---------- buildings to be min 10 feet.
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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
(RCD 1).
➢ 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 (RCD 1).
or to take other action relative thereto.
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)
-16417.1 Objectives a--- Formatted:Bullets and Numbering
The Route 114 Corridor District 2 is intended:
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4-1. To control the design of commercial and residential development along----- Formatted:Bullets and Numbering
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.
17.2 Permitted Uses
a .t.,rr
In the Route 114 Corridor Distract 2, nay,— x--b�-s�sec�- -no building or ,-- comment rtsl:this prohibits open space
structure shall be reconstructed, erected, altered or used for any other purpose
than and shall not exceed 3,000 orgss square feet of building are
1. Retail uses eludh�g r n4 �re ^ *� n nnn o o�
building afea, provided there is no outdoor sales or storage of materials and
products. However, auto sales and repair are not allowed.
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.
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b. Apartments and condominiums shall be allowed where such use is not
more than fifty percent(50%) of the org ss square feet for a two U story
building and seventy-five percent (75%) of the goss square feet for a
three (3) story building n ,F# onts ,,,a ,.,,,,a,,,,,;,,;�n > o 11 .,,0 7
;A'hPV4:PV'10-A, ,,.,r,:R o t4afl F;#-,(Gno/)p -60 fit 0 t- o total 41aor-
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,4o five--5-)-a6res,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 lot. ,,- 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 to accomplish here. Do you want to allow a business
such as a boarding stable,but not allow keeping of
or birds regardless of ownership and the operation of equestrian riding friends animals9
academies,stables,stud farms,dairy farms, and poultry batteries.
d. The sale of products raised as a result of the above uses on the subject
land.
t6m3w2l7m3® 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. No structure or building greater than 3,000 gross square feet may be allowed
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.
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. For outdoor storage, display, and sales of materials, products and goods in
connection with retail uses and provided:
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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 might be difficult to control
b. The products, materials or goods displayed, stored or sold outdoors, by as you won't know the area for retail inside the g�11Ct„�e.xowaboutsoiofl=°aoorarea?
special 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.
t6.417.4 Design Standards -- Formatted:Bullets and Numbering
4-12. Any other performance standards of the town shall also apply to uses---- Formatted:Bullets and Numbering
conducted under this Section 17.4 of the North Andover Zoning Bylaws;
-2-13. Architecture should demonstrate the cohesive planning of the development----- Formatted:Bullets and Numbering
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;
3-14. Buildings adjacent to usable open space should generally be oriented to
that space,with access to the building opening onto the open space;
4-15. All new utilities shall be placed underground.
516. Landscaped space and pedestrian connectivity shall be designed and----- Formatted:Bullets and Numbering
located to provide sufficient and safe access throughout the development
and/or abutting residential neighborhoods. An alternative to a sidewalk, such
2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT
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25
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 operations---- Formatted:Bullets and Numbering
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-.18. Vehicular access to and from public roads is intended to be consolidated.---- Formatted:Bullets and Numbering
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;
x-19. Driveway consolidation should be undertaken so as to reduce traffic----- Formatted:Bullets and Numbering
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 orwhi,h—eouk-1—be
4eve4 4-or which could be developed as future site development
aet-ivi�y-eeeanko 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----- Formatted:Bullets and Numbering
coverage 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.
-9-20. The design should preserve and enhance natural features such as----- Formatted:Bullets and Numbering
topography,waterways,vegetation,and drainage ways;
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26
44.21. The design should minimize impervious surfaces and incorporate other
design features to minimize storm water runoff; and
44-22. 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_T4ie—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 ,-- Comment[R8]:Is it intended for an four sae? If
-- -- - - - -- - - - ------ - ---- --- --- -
points of entry/exit,lawfully required fire access points,loading/receiving bay not,say so.
areas, and any other structural amenities necessary and ordinary to the use of
the building.
5-3. 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.
4. All required screening, as described in items 1 through 6 above, shall be
maintained in good condition at all times.
4&617.6 Lighting and Signs a--- Formatted:Bullets and Numbering
4-7. All outdoor lighting shall be designed so as not to adversely impact---- Formatted:Bullets and Numbering
surrounding uses and residential properties, while also providing a sufficient
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27
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.
4-.Lo. 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.
5-11. 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.
-16r717.7 Submission of a Special Permit Application and Plan --- Formatted:Bullets and Numbering
Procedures:
4-1. The applicant shall file eight (8) copies of the Planned Commercial---- Formatted:Bullets and Numbering
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-.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 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. 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.
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:
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28
4.1. The elimination of up to 25% of the required parking spaces to be---- Formatted:Bullets and Numbering
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.
6-3. 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.
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.
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 Requirements1 Comment[R91:Allow min disctance between
--------- ----------�
Route 114 Corridor Zone 2
buildings to be min 10 feet.
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:
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➢ 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 (B 1)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).
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 Bylaw— 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)
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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 Special 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_sclurire feet.
(7) Construction of any accessary structure ar expansian of any existing
structure by_less_than fifty_(50)_percent of the gross_floor_area of the
existing structure less than 2,500 square Feet and will be calmected
upon calnpletian of the project to lntuucipal 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 pennanent_structure,__or ex of an
existing structure by fift,_(5�ercent or mare 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.
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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 Bylaw — 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
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 4.122.14.1)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 4.122.14.1)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
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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 4.122.14B 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 Bylaw— 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,ar calnrnuluty needs which are served by the proposal;
c. The use as developed will not adversely affect the neighborhood character aid
social structures
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:
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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 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, owner, or tenant, available within the building or on the property on which
the sign is located, or advertises the property as a whole or any part thereof for
sale or rent.
2. Awnings_ Retractable, fabric awnings projecting from the wall of a building for-__- Formatted:Font:Times New Roman,12 pt
the purpose of shielding the doorway or windows from the elements.
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3. Building Frontage`The length in feet of a ground floor level of a building front_ -- Formatted:Font:(Default)Times New
or side facing aatreet or facing a ri ht-of-wa accessible from a street that is occupied - Roman,12 pt,Not sold
by an individual business. Formatted 1
4. Dimensional Sign`A non-accessory sign containing no advertising and giving : J Formatted ...[21
direction to community_(non-commercial) activities, buildings, areas, such as churches, Formatted 130
schools, playgrounds, museums, historical sites, public buildings, etc. Such-signs-shall , Formatted 4
not exceed 12"x30"in dimension. Formatted 150
5. Display Window Signs ` Temporary signs on the surface of or inside display Formatted 6
•---
windows,lighted pnly by the general building-illumination.
6. Erect- Shall mean and include to construct lace,relocate, enlarge, alter, attach, Formatted
•--------------
-----------------p-------------g---------- Formatted
suspend,and/orpost_------ $
--��� ` Formatted g
7. Flagpole -_A pole erected on a roof_, projecting from_a building or_structure,_or �,�
��` Formatted
projecting from the ground. •1100
8. Ground_Sign� Any sign erected on the ground which is freestanding or self- Formatted 11
supported and anchored to the ground, including but not limited to signs built on posts,� Formatted 12
stanchions,pylons or other similar structures. 0 Formatted 7 r1311
9. Illuminated Sign - Any sign illuminated by artificial light including reflective or Formatted 1140
•---------
phosphorescent light and shall include the location of source of illumination, whether ° Formatted ... 15
from inside the sign, such as neon or similar gas based lights, or from an exterior light Formatted
source regardless of type or construction. "' 16
Formatted 7 17
10. Marquee-Any sheltering structure of permanent construction projecting from and
Formatted
totally 18
,upported by the wall and/or roof of a building,but excluding an awning as herein o
defined. - Formatted [19]
11. Non-Accessory i Y-An sign accessory is not an accesso sign. ` ` Formatted 20
•---------------------------------------------------------
-—--- ------------ - -----------------
12. Obscene - shall have the meaning as that term is defined in Massachusetts Formatted ... 21
- -- ------------------
General Laws Chapter 272, Section_ 1_ Massachusetts_General Laws, Chapter_272, o Formatted 1220
Section defines 'obscene" as follows:
Formatted .. 23
1. appeals to the prurient interest of the average person applying the Formatted 1240
contemporary_�tandards of the county-where the offense was Formatted 25
committed- �o Formatted
2.depicts or describes sexual conduct in a potentially offensive way; and "'1260
3.lacks serious literary, artistic,or political or scientific value. Formatted 127]
13. f ermanent Sign-Any sign permitted to be erected and maintained for more than I Formatted 7 28
sixty60 days. Formatte 1291
> •- --
14. f rimary Sign- The principal accessory sign which may be a wall,roof, or ground ` 7 Formatted 30
sign,as allowed in Section 6.6. ` 1 Formatted ... 31
•------------------------------------------------------
15. Projecting Sign - Any sign which is attached or suspended from a building or Formatted ... 32
other structure and any part of which projects more than twelve- inches from the wall ` Formatted 33
------
surface of that portion of the building or structure. 1340
L------- ------------------------------- Formatted
16. Roof Sign - Any sign erected, constructed, and maintained wholly upon, Formatted 3s
connected to, or over Jhe roof or parapet of any building with the entire support on the
---
roof or roof structure. ` Formatted 7 36
17. Secondary Sign - A wall, roof, or ground sign intended for the same use as a Formatted r3711
primary sign but smaller dimensions and lettering,- as allowed in Section 6.6. Formatted 1g-
•
p -------m-------------- -------------------------------I Formatted
... 39
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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,_ Formatted:Font:(Default)Times New
or other figures, together with any material or color forming-an integral part-of the Roman,12 pt
display or used to differentiate the sign from the background against which it is placed. - Formatted:Font:(Default)Times New
Structural members bearing no sign copy shall not be included. -- Roman,12 pt
20. Wall Sin - An sign affixed to, suspended or painted on a wall, window, Formatted:Font:(Default)Times New
Sign y � a sus d f itd llid
p p �\ Roman,12 pt
marquee,or parapet. ................................................ Formatted:Font:(Default)Times New
Roman,12 pt
6.4 Administration and Enforcement Formatted:Font:(Default)Times New
1. Enforcement - The Building Inspector is hereby designated as the_ Sign Officer Roman,12 pt
•------------------------
and is hereby charged with the enforcement of this Bylaw_----------- Formatted:Font:(Default)Times New
a. The Sign Officer and his duly authorized agents shall, at reasonable times and Roman,12 pt,Not Bold
uponpresentation of credentials,have the power to enter upon the premises on w_ Roman,12 pt which any Formatted:Font:(Default)Times New
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 Formatted:Font:(Default)Times New
� Roman,12 pt
the repair or removal of any sign which in his judgment is(i) a prohibited non-accessory � Formatted:Font:(Default)Times New
sign, (ii) is likely to become dangerous, unsafe, or in disrepair, and/or (iii) which is Roman,12 pt
erected or maintained contrary to this Bylaw. The Sign Officer shall serve a written Formatted:Font:(Default)Times New
notice and order upon the owner of record of the premises where the sign is located and, Roman,12 pt
if known, any advertiser, tenant, or other persons known to him having control of or a Formatted:Font:(Default)Times New
substantial interest in said sign, directing the repair or removal of the sign within a time Roman,12 pt
not to exceed thirty (30) days after giving such notice. If such notice and order 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'with by the Building Inspector. Permits shall only be issued for_ _- Formatted:Font:(Default)Times New
signs in conformance with this Bylaw. Permit applications shall be accompanied by two Roman,12 pt
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(2)prints of scale drawings of the sign, supporting structure and location_A copy of any ,- Formatted:Font:(Default)Times New
relevant special permit shall also accompany-the a p-p lication. All d or roo-f signs-
i ns Roman,12 pt
_
shall be registered and identified as [equired by_Section 1407.0 of the State Building - Formatted:Font:(Default)Times New
----------------- Roman,12 pt
Code.
b. No temporary sign be erected without a sign permit issued b the Formatted:Font:(Default)Times New
ora
p ry � may r� p y Roman,12 pt
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 ,- Formatted:Font:(Default)Times New
change of use or termination of activities on the premises shall be removed within Roman,12 pt
thirty (30) days of order by the Building Inspector. No existing sign shall be_,,- Formatted:Font:(Default)Times New
enlarged, reworded, redesigned, or altered in any way unless it conforms to the Roman,lz pt
provisions contained herein. Any sign which has been destroyed or damaged to_ - Formatted:Font:(Default)Times New
the extent that the cost of repair or restoration will exceed one-third (1/3) of the Roman, pt
replacement value as of the date of destruction shall not be repaired, rebuilt, Formatted:Font:(Default)Times New
p ---------------------------------- p Roman,12 pt
restored or altered unless in conformity of this Bylaw(except as may be provided
•------ Formatted:Font:(Default)Times New
in Section 6.7). Roman,12 pt
4. Street Banners or Signs - Street banners or signs advertising a public or Formatted:Font:(Default)Times New
charitable entertainment or event, shall be permitted by Special Permit from the Board of Roman,12 pt
Selectmen. Such a sign shall be removed within seven(7)days after the event. - Formatted:Font:(Default)Times New
Roman,12 pt
6.5 Prohibitions:
• ,- Formatted:Font:(Default)Times New
1. No sign shall be lighted, except by steady, stationary light, shielded and directed Roman,12 pt
solely at the isign. Internally lit signs are not allowed. ,- Formatted:Font:(Default)Times New
2. No illumination shall be permitted which casts glare onto any residential premises Roman,lz pt
or onto any portion of a way so as to create a traffic hazard. -------------------- -- Formatted:Font:(Default)Times New
3. No sign shall be illuminated in any residential district between the hours of 12.00 Roman,12 pt
midnight and 6_00 a.m. unless indicating time or temperature or an establishment open to___- Formatted:Font:(Default)Times New
the public during those hours.-- _
Roman,12 pt
4. No sign having red or green lights shall be erected within sight of a traffic signal - Formatted:Font:(Default)Times New
unless approved as non-hazardous by the Chief of Police. Roman,12 pt
---------------------------------- Formatted:Font:(Default)Times New
5. No animated,revolving, flashing, or exterior neon sign shall be permitted. Neon Roman,12 pt
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
2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT
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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. -- Formatted:Font:(Default)Times New
10. Flags and insignia of any Government when displayed in connection with Roman,12 pt
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. ----------------------- -- Formatted:Font:(Default)Times New
15. No sign may be located on or over any public sidewalk or right of way except a Roman,lz pt
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.
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. -- Formatted:Font:(Default)Times New
1. Primary wall and roof signs attached to or part of the architectural design of a Roman,12 pt
building shall not exceed,in total area,more than ten percent(10%)of the area of -- Formatted:Font:(Default)Times New
the dimensional elevation of the building as determined by the building frontage Roman,12 pt
multiplied by the floor to ceiling height of the individual business or as specified - Formatted:Font:(Default)Times New
`---------------- Roman,12 pt
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 Formatted:Font:(Default)Times New
g py g g g Roman,lz pt
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
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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 Formatted:Font:(Default)Times New
attached or ground,pertaining to an apartment development or a permitted non Roman,12 pt
residential principal use of the premises, such sign not to exceed ten (10) square_ __ Formatted:Font:(Default)Times New
feet in area. Roman,12 pt
4. One (1)unlighted contractor's sign, not exceeding twenty-five (25) square feet in Formatted:Font:(Default)Times New
area, maintained on the premises while construction is in process and containing Roman,12 pt
•----- ------------- -----
-
information relevant to the project. Such sign shall be removed promptly after ,- Formatted:Font:(Default)Times New
completion of the construction. Roman,12 pt
5. One (1) unlighted identification sign at each public entrance to a subdivision not Formatted:Font:(Default)Times New
Roman,12 pt
exceeding twelve 0 2) square feet in area; to be removed when the subdivision Formatted:Font:(Default)Times New
roadway is accepted by the Town.______ Roman,12 pt
6. Ground signs shall be set back a minimum of ten(10)feet from all property lines Formatted:Font:(Default)Times New
and a minimum of forty_(40)feet from all residential districts or structures(except ,- Roman,12 pt
as provided in Section 6.7). Formatted:Font:(Default)Times New
7. Off-premises Signs: Only signs pertaining exclusively to the premises on which Roman,12 pt
they are located or to products, accommodations, services or activities on the ,�- Formatted:Font:(Default)Times New
Roman,lz pt
p remises shall be allowed, except that an off-p remises directional sign,__
--
designating the route to an establishment not on the street to which the sign is Formatted:Font:(Default)Times New
A-------- Roman,12 pt
oriented, may be erected and maintained within the public right-of-way at any Formatted:Font:(Default)Times New
intersection if authorized by the Board of Selectmen or on private property if Roman,12 pt
A----------
granted a special permit by the Board if Appeals. Such sign shall be authorized �' Formatted:Font:(Default)Times New
only upon the authorizing agency's determination that such sign will promote the Roman,12 pt
public interest, will not endanger the public safety and_will be of such size, Formatted:Font:(Default)Times New
location and design as will not be detrimental to the neighborhood. At locations� Roman,12 pt
where directions to more than one (1) establishment are to be provided, all such Formatted:Font:(Default)Times New
directional information shall be incorporated into a single structure. All such Roman,12 pt
-
directional signs shall be unlighted, and each shall be not over four(4)square feet_ Formatted:Font:(Default)Times New
----------------
m area. Roman,12 pt
B. Temporary Signs: Temporary signs (which shall not be maintained for more Formatted:Font:(Default)Times New
� Roman,12 pt
than 60 days) shall be allowed as provided below, and provided that they comply Formatted:Font:(Default)Times New
with the following: Roman,12 pt
Formatted:Font:(Default)Times New
Roman,12 pt
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(a) Unless otherwise specified in the Bylaw, temporary signs must comply with all
applicable requirements for permanent signs, including issuance of a sign permit---- Formatted:Font:(Default)Times New
by the Board of Selectmen. Roman,12 pt
1. Temporary signs, of not more than twelve (12) square feet in area, erected for a - Formatted:Font:(Default)Times New
charitable or religious cause;require no-sign permit and are to be removed within
--- -- ------------------- Roman,12 pt
--- Formatted:Font:(Default)Times New
thirty(30)days of erection. Roman,12 pt
2. The Building Inspector shall maintain placement controls for all temporary signs,
subject to the original sign permit granted.
One(1)temporary unlighted real estate sign advertising the sale,rental or lease of -- Formatted:Font:(Default)Times New
the premises or subdivision on which it is erected to be not larger than six 6 Roman,12 pt
square feet;requires no sign permit and is to be removed fourteen(14) days after - Formatted:Font:(Default)Times New
sale,rental or lease. Roman,12 pt
4----One (1) temporary-unlighted sign-not-larger than twenty-five-(25) square feet -- Formatted:Font:(Default)Times New
indicating the name and- - - - -
address of the parties-involved in construction on the Roman,12 pt
•-- ----- - -- ------------- - ---
premises. - Formatted:Font:(Default)Times New
5•.---- pry
Tem ora signs s not meeting requirements for permanent signs s ma advertise Roman,12 pt
-- -- --------- -q--------- -------- --- -----------
sales, special events, or changes in the nature of an operation, but shall not ` Ro antt dPtFont:(Default)Times New
otherwise be used to advertise a Formatted:Font:(Default)Times New
continuing or regularly recurring business operation and shall be removed Roman,12 pt
promptly when the Formatted:Font:(Default)Times New
information they display is out of date. The sign(s)must be removed within thirty Roman,12 pt
(30)days of
erection.
5. Temporary signs pertaining to a candidate or ballot question appearing on the
ballot of an election
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-, -- Formatted:Font:(Default)Times New
(c) shall not be higher than three(3)feet above ground level-, Roman,lz pt
(d) shall be stationary and shall not be illuminated; Formatted:Font:(Default)Times New
(e) should not be erected for more than 30 days before an election; Roman,12 pt
(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 -- Formatted:Font:(Default)Times New
districts. Such signs shall be,ubject to the limitations set forth in subsection (5)- Roman,12 pt
(a)-(g)above. - Formatted:Font:(Default)Times New
Roman,12 pt
2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT
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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 ,- Formatted:Font:(Default)Times New
•----- Roman,12 pt
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. --- Formatted:Font:(Default)Times New
8. Notwithstanding any other provisions of this Bylaw, signs may be erected for Roman,lz pt
posting land•(for example,no hunting,no trespassing,no soliciting,etc.)_ -- Formatted:Font:(Default)Times New
Roman,12 pt
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 exceed,in total area,more than ten percent(10%)of the area of ,- Formatted:Font:(Default)Times New
the dimensional elevat
�-----
ion-of the building as determined by the building frontage Roman,12 pt
multiplied by the floor to ceiling height of the jndividual_business or as specified - Formatted:Font:(Default)Times New
Roman,12 pt
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 Formatted:Font:(Default)Times New
g py g g g Roman,12 pt
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_ ,- Formatted:Font:(Default)Times New
•------ --- ----- -
taller signs may be allowed by Special Permit of the Board of Appeals, if said Roman,12 pt
Board determines that the particular sign will not be incongruous with the district - Formatted:Font:(Default)Times New
in which it is to be located nor injurious to traffic and safety conditions therein Roman,12 pt
(1998/31). Formatted:Font:(Default)Times New
� Roman,12 pt
4. For premises having multiple occupants, each occupant shall be permitted one Formatted:Font:(Default)Times New
wall or roof sign and the building shall be permitted one ground sign identifying Roman,12 pt
multiple occupants listed on such sign.. The total area of wall signs shall not
2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT
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41
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. ,- Formatted:Font:(Default)Times New
�--------------- Roman,12 pt
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 ,- Formatted:Font:(Default)Times New
identification sign of fifty(50)square feet in area with a price sign incorporated is Roman,lz pt
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 _- Formatted:Font:(Default)Times New
multiple tenants on this same lot. The Service Station identification and price Roman,12 pt
----------------------
information shall be no less than 60% of the total ground sign. Pricing - Formatted:Font:(Default)Times New
information, if advertised, is also to be within the allotted square footage for Roman,12 pt
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 ,- Formatted:Font:(Default)Times New
determined on the basis of one (1) square foot for each establishment occupying- Roman,lz pt
the building. - Formatted:Font:(Default)Times New
10. Traffic control, orientation and guidance signs located on private property, shall Roman,12 pt
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 "Shopping Center), ,- Formatted:Font:(Default)Times New
------- Roman,12 pt
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
2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT
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42
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 ,- Formatted:Font:(Default)Times New
available on the premises,provided that the total area of all signs erected on any Roman,12 pt
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.------------- -- Formatted:Font:(Default)Times New
•---------------
Roman,12 pt
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.
2. Signs for individual properties or tenants shall be limited to a single sign no larger
than three (3) �quare feet per tenant. Individual tenants must have Letter-of Formatted:Font:(Default)Times New
-------------------------- --'
Permission from property owner. Roman,12 pt
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 ,- Formatted:Font:(Default)Times New
p
surroundings,based upon consideration of the number of occupants ants and si g ns-1?er-
Roman,12 pt
•-------------------------
- -
building, size of building and integration of sign and building design.---------- Formatted:Font:(Default)Times New
Roman,12 pt
G. Industrial Districts Formatted:Font:(Default)Times New
Roman,12 pt
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 ,- Formatted:Font:(Default)Times New
`--------------- - Roman,12 pt
goods o'- 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 ,- Formatted:Font:(Default)Times New
of the building to which they are attached or two hundred -(2-0-0-)-s quare feet_,_ Roman,12 pt
whichever is less. - Formatted:Font:(Default)Times New
Roman,12 pt
2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT
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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 -- Formatted:Font:(Default)Times New
aboveground level. ------
Roman,12 pt
Formatted:Font:(Default)Times New
H. Guidelines The following are further means by which the objectives for signs Roman,12 pt
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. Signs should not display brand names, symbols or slogans of nationally Roman,12 pt
distributed products except in cases where the majority of the floor or lot on the_ -- Formatted:Font:(Default)Times New
remises is devoted to manufacture ars ale or other processing_ of that specific Roman,12 pt
product. - Formatted:Font:(Default)Times New
2. Premises chiefly identified by a product name (such as a gasoline or auto brand) Roman,12 pt
should devote Some part of their permitted sign area to also displaying the identity --- Formatted:Font:(Default)Times New
of the local outlet. Roman,12 pt
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. ---- -- Formatted:Font:(Default)Times New
•----
---------
4. Sign content normally should not occupy more than forty percent (40%) of the Roman,12 pt
sign background,whether a signboard or a building element. ------------------ Formatted:Font:(Default)Times New
5. Signs should be simple,neat and avoid distracting elements, so that contents can Roman,12 pt
be quickly and easily read.` -- Formatted:Font:(Default)Times New
Roman,12 pt
Environmental Relationship Formatted:Font:(Default)Times New
Roman,12 pt
•------------------------------------------------------------ Formatted:Font:(Default)Times New
1. Sign design should take into consideration the scale of the street to which the sign Roman,12 pt
is priented and the size,brightness,style,height and colors of other signs in the--- __ Formatted:Font:(Default)Times New
vicinity. Roman,12 pt
2. Sign brightness should not be excessive in relation to background lighting levels,
e.g., averaging pot in excess of one hundred(100)foot lamberts in the downtow_n_- Formatted:Font:(Default)Times New
or similarly bright areas and not in excess of twenty (20) foot lamberts in Roman,12 pt
unlighted outlying areas. - Formatted:Font:(Default)Times New
Roman,12 pt
Building Relationship
1. Signs should be sized and located so as to not interrupt obscure or hide the
ontinuity of columns, cornices,roof eaves, sill lines or other elements of building --- Formatted:Font:(Default)Times New
L---------------------------------------- Roman,12 pt
structure and where possible, should reflect and emphasize building structural
form. - Formatted:Font:(Default)Times New
Roman,12 pt
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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 - Formatted:Font:(Default)Times New
size.
---------------- Roman,12 pt
3. Clutter should be avoided by not using support brackets extending above the sign
or guy wires and turn buckles_ -- Formatted:Font:(Default)Times New
Roman,12 pt
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 Formatted:Font:(Default)Times New
incorporated as part of the plans on which the Special Permit of the Board of Roman,12 pt
Appeals is based. - Formatted:Font:(Default)Times New
2. In all industrial districts, landscaping shall be provided and maintained in front Roman,12 pt
yards and in side bards abutting public ways for aesthetic reasons to break up_- Formatted:Font:(Default)Times New
lines of buildings and for screening accessory facilities under the requirements Roman,12 pt
discussed below. Specifically, in all Industrial and JBusiness Districts, landscape - Formatted:Font:(Default)Times New
screening shall be provided adjacent to: For a,lz pt
a. Abutting existing residential properties-,and Formatted:Font:(Default)Times New
g g p p Roman,12 pt
b. Abutting limited access highways in addition to the landscaping in front
and side yards pientloned_above. - Formatted:Font:(Default)Times New
Landscape screening shall consist of planting,including evergreens,the plantings to be of Roman,12 pt
such height•depth as is needed to screen adequately from view from abutting area any_--- Formatted:Font:(Default)Times New
unshielded light source,either inside or outside. Roman,12 pt
Formatted:Font:(Default)Times New
(Section 6 amended May 6, 1996 Annual Town Meeting,Article 21) Roman,12 pt
6.7 Exceptions-to-Sign Requirements ________ -- Formatted:Font:(Default)Times New
Roman,12 pt,Not Bold
A. The following exceptions are intended to encourage economic development in the - Formatted:Font:(Default)Times New
Town while maintaining and encouraging the aesthetic and historic character of the Roman,12 pt
Town.
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
2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT
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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 ,- Formatted:Font:(Default)Times New
prevent the relocation of a non-conforming sign anywhere on the subject property, the Roman,12 pt
sign may be rebuilt on 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.
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 EE. Amend Chapter 178 of the General Bylaws —Wetlands Protection.
(COMMITTEE)
Recommendations:
2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT
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Board of Selectmen:
Finance Committee:
Article FF. 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 GG. Acquisition and Acceptance of Granville Lane, Grosvenor Avenue,
Inglewood Street,Surrey Drive and Wildwood Circle as Public Ways. To see if the
Town will vote to accept Granville Lane, Grosvenor Avenue, Inglewood Street, Surrey
Drive, and Wildwood Circle as public ways and to authorize the Board of Selectmen to
acquire by eminent domain, gift, purchase or otherwise any fee, easement or other
interest in the following streets:
The land known as Granville Lane, as shown on a plan of land entitled: "Layout
Plan of Granville Lane," dated March 1, 2006 drawn by Christiansen & Sergi, 160
Summer Street,Haverhill,MA 01830,and on file in the office of the Town Clerk;
The land known as Grosvenor Avenue, as shown on a plan of land entitled:
"Layout Plan of Grosvenor Avenue," dated March 1, 2006, drawn by Christiansen &
Sergi, 160 Summer Street, Haverhill, MA 01830, and on file in the office of the Town
Clerk;
The land known as Inglewood Street,as shown on a plan of land entitled: "Layout
Plan of Inglewood Street," dated March 1, 2006, drawn by Christiansen & Sergi, 160
Summer Street,Haverhill,MA 01830,and on file in the office of the Town Clerk;
The land known as Surrey Drive, as shown on a plan of land entitled: "Layout
Plan of Surrey Drive," dated March 1, 2006, drawn by Christiansen & Sergi, 160
Summer Street,Haverhill,MA 01830,and on file in the office of the Town Clerk;
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The land known as Wildwood Circle,as shown on a plan of land entitled: "Layout
Plan of Wildwood Circle," dated March 1, 2006, drawn by Christiansen & Sergi, 160
Summer Street,Haverhill,MA 01830,and on file in the office of the Town Clerk;
and to award no damages for said taking or payment for said acquisition, or take any
action related thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Planning Board:
Article HH(CP). Intermunicipal Agreement Between North Andover/Middleton
Water and Sewer Tie-ins. To see if the Town will vote to authorize, but not require,
the Board of Selectmen pursuant to the provisions of Massachusetts General Laws,
Chapter 40, Section 4A, to negotiate and approve an Intermunicipal Agreement, for a
term not exceeding 25 years, between the Towns of North Andover and Middleton to
authorize water and sewer tie-ins for a mixed-use industrial/recreational development on
property in North Andover shown on North Andover Assessor's Tax Map 108.A as Lots
6, 7 and 19 and in Middleton on Middleton Assessor's Map 9 as Lots 24 and 26 all
owned by Nomid Trust, Joseph DiGrazia and Eric DiGrazia, Trustees,located at or near
2350 Turnpike Street and 15 Sharpners Pond Road (Missile Site Road), North Andover;
all on such terms as the Selectmen deem to be in the best interest of the Town, and make
such other agreements as may be required by the Greater Lawrence Sanitary District
before permission is granted for said sewer connection, and to take any other action
related thereto.
Petition of Frank Terranova and others
Recommendations:
Board of Selectmen:
Finance Committee:
Planning Board:
ARTICLE II. Fund 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),
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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 JJ . Fund 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:
Board of Selectmen:
Finance Committee:
Planning Board:
Article KK. 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-
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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.
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
2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT
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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 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,
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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
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
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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
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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.
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.
Article LL. (CP) Petition the General Court—Health Insurance Benefits—Town of
North Andover Elected Officials. To see if the Town will vote to Petition the General
Court to pass a Special Act as follows:
"Notwithstanding Massachusetts General Laws Chapter 32B or other laws to the
contrary,health insurance benefits for elected officials shall not be provided in the Town
of North Andover;or to take any other action relative thereto.
Petition of Keith A.Mitchell and others
Article MM (CP) Supplemental Revolving Funds. To see if the Town will vote to
authorize the establishment of supplementary revolving funds under Massachusetts
General Law Chapter 44 Section 53E1/2 or similar applicable sections to allow certain
Town departments to raise and expend funds to make good certain budget cuts or
deficiencies in Fiscal Year 2007;or to take any other action relative thereto.
Petition of Paul P.Stewart and others
Article NN (CP) Change Community Preservation Act Surcharge. To see if the
town will vote to change the Community Preservation Act surcharge on real property
from 3 (three)percent of the real estate tax levy against real property to 1 (one)percent;
or to take any other action relative thereto.
Petition of Edwin P.TrippjII and others
Article OO(CP) Stabilization Fund. To see if the town will vote to transfer or
appropriate funds from any Stabilization Fund(s) to the operating budgets/general fund;
or to take any other action relative thereto.
Petition of Diane Huster and others
Article PP (CP) Senior Citizen Recognition Day. To see if the Town will vote to
declare the second Wednesday in the month of May, starting in the year 2007, as the
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"Senior Citizen Recognition Day". The month of May is designated as"Older American
Month" so it is appropriate to celebrate each year the importance of the Senior Center to
the citizens of our Town;or to take any other action relative thereto.
Petition of Albert S.Movsesian and others
Article QQ(CP) Town Meeting Requirements and Procedures for Initial Funding
and Approval of Collective Bargaining Agreements. To see if the Town will vote to
amend the General Bylaws of the Town of North Andover by inserting a new section—
Section
To adopt the following new General By Law entitled"Approval Requirements for Labor
Contract to be approved(by Appropriation of Funds)at Town Meeting" Chapter
Town Meeting Requirements and Procedures for initial Funding and Approval of
Collective Bargaining Agreements.
Section 1:
Town Meeting shall not make any appropriation for any line item of any budget or any
expenditure for a new labor contract which will require the reduction of personnel to fund
such contract.
Section 2:
Town Meeting shall not approve any appropriation for any line item of any budget or any
expenditure which shall fund any new labor contract where the total payroll and related
payroll costs increase in the contract is in excess of two and one-half per-cent(2.5%)per
year over the preceding year's respective payroll and payroll related costs for the term of
the contract,unless it complies with Section 1 and the total payroll and estimated payroll
related costs increase over the current year's cost for the term of the contract do not
exceed 2 ''/z%times each year of the contract term.
Section 3 Definitions and Procedures:
Payroll and payroll related cost increases shall be defined as the total annual payroll cost
increase in a contract plus estimated annual increases in payroll related costs, including,
but not limited to, all employee benefits such as additional time off, health insurance and
pensions costs, whether paid by the Town or deducted and/or charged by the
Commonwealth of Massachusetts in computing local aid to the Town, and payroll tax
increases. Payroll cost and payroll related costs shall include all amounts paid to or on
behalf of former employees and retired employees previously covered by the contract for
post retirement health insurance and pension benefits. All costs used to determine the
percentage increase shall be done on a pro rata basis but need not require an individual
allocation of costs. Cost increases not specifically identifiable to a particular employee or
a current or former group of employees shall be allocated on a pro rata basis to all
employees of the Town.
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The percentage increase provided for in any new labor contract shall be made by the
Board of Selectmen or the School Committee that approve the terms of said contract for
consideration of funding and approval by way of appropriation by Town Meeting and
such computations including the percentage increase shall be reviewed by the Finance
Committee, which shall present the computations and contract to Town Meeting in a
separate warrant article for consideration. In the case of the School Department budget,
the finance committee shall present an article with the contracts included and a separate
article without the contract included.
Any portion of this By Law deemed not acceptable by the Attorney General shall
not affect others provisions of this By Law; or to take any other action relative thereto.
Petition of Robert Ercolini and others
Article RR(CP) Amend General Bylaws—Public Notice—Chapter.To see if the
Town will vote to adopt a By Law entitled"Public Notice", Chapter to provide
that:
Any and all information currently required to be printed in a newspapers or otherwise
published or posted by the Town, School Department or residents doing business with the
Town will be made available on a separate web site established by the Town of North
Andover entitled Public Notices for Town and School Departments and to request that
the Board of Selectmen and School Committee prepare and file a"Home Rule Petition to
the General Court of the Commonwealth of Massachusetts"for the purpose of requesting
appropriate authority to publish certain notices and documents on this web site in lieu of
publishing these"Public Notices"in newspapers that the Board of Selectmen and School
Committee deem appropriate in their sole discretion for the purposes of reducing costs
incurred by the town and its residents and for the purpose of making such "Public
Notices" more available to the residents of the Town and others; or to take any other
action relative thereto.
Petition of Robert Ercolini and others
Article SS. Amend General Bylaws — New Chapter Chapter - Public Notice
Information. To see if the Town will vote to amend the General Bylaws of the Town of
North Andover by adding a new Chapter entitled "Public Notice Information" Chapter
to provide that:
The Town of North Andover through its computer systems will contemporaneously
publish,when a document is issued or otherwise made available on any Town or School
Departments computer systems, on either the Town of North Andover Official Web Site
and/or the Town of North Andover School Department Official Web Site, all information
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subject to the Massachusetts Public Information Law and that any information or
documents withheld will be identified in detail along with the reason for the decision not
to publish them and the person designated by the Town or the School Department to
make that decision.
This information published on these web sites shall include, but not be limited to, all
information required to be published in the Town's Annual Report, monthly and yearly
financial statements, reports issued by committees, budgets, general ledgers, detailed
listing of cash receipt and disbursement journals, labor and all other contracts including
contracts proposed for appropriation at Town Meeting , detailed listing of all property
assessments by property class and related tax assessments, minutes of all meetings and
related attachments presented to board or meeting members,correspondence of the Town
and School departments, all submissions to and decisions or correspondence issued by
the all departments of the Town, including but not limited to the Planning Board,
Conservation Commission, Zoning Board of Appeals, Board of Health, and Finance
Committee, all standardized school test results, all correspondence to and from the to the
Department of Education,Bureau of Accounts and other governmental agencies.
The Town and School Department Official web sites shall also establish as soon as
possible Bulletin Boards on their sites for use by residents of the Town to identify and
discuss all Town and school related issues in a forum where residents are required to
identify themselves in order to participate in a discussion or forum,but need not identify
themselves to review the information on the bulletin boards.
These Town and School web sites shall maintain information for at least a five year
period. The implementation period of this By Law which shall be two years from the date
of enactment and the Town and School Departments shall first provides residents of the
Town with current information as to the Town and School department's activities and
then add historical data;or to take any other action relative thereto.
Petition of Robert Ercolini and others
Article TT. Amend General Bylaws Chapter 178—Wetlands Protection. To see if
Town Meeting will vote to eliminate or modify and make less restrictive Chapter 178 of
the General Bylaws "WETLANDS PROTECTION", (set forth below and commonly
referred to as the local wetland bylaw), administered by the Town's Conservation
Commission.
Chapter 178
WETLANDS PROTECTION
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[HISTORY: Adopted by the Town of North Andover December 10,1987 Special Town Meeting,
Article 19. Amended in its entirety Annual Town Meeting May 7, 1991. Amendments noted where
applicable.] [Amended in its entirety Annual Town Meeting May 12,1998,Article 39—Approved by
Attorney General October 20,1998 with the exception of Section 178.111
§178.1 Purpose
§178.2 Jurisdiction
§178.3 Exemptions
§178.4 Applications to perform work and information required
§178.5 Hearings
§178.6 Orders And Decisions
§178.7 Certificates Of Compliance
§178.8 Responsibility For Compliance
§178.9 Rules And Regulations
§179.10 Enforcement,Investigations&Violations
§178.11 Consultant Services Account.
§178.12 Captions And Severability.
§178.1 Purpose.
The purpose of this Bylaw is to preserve and protect the wetland resource areas(as specified in
Section 178.2) of the Town of North Andover by regulation of, and control of, activities (as
specified in Section 178.2) deemed by the North Andover Conservation Commission (the
"Commission")to have significant or cumulatively detrimental effect upon the following interests
and values,including:public or private water supply;groundwater;the prevention and control of
flooding,erosion,sedimentation,storm damage,and/or pollution,protection of fisheries,wildlife,
wildlife habitat and recreation.
§178.2 Jurisdiction.
Except as permitted in writing by the Commission, or as provided in this Bylaw, no
person shall engage in the following activities ("activities"): removal, filling, dredging,
discharging into, building upon, or otherwise altering or degrading the wetland resource areas
described in the following sentence. The Town's wetland resource areas consist of
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1)any isolated vegetated wetland,
2)any ephemeral pool
3)any vegetated wetland bordering on any creek,river,stream,pond or lake,
4)any bank,beach,marsh,wet meadow,bog,or swamp,
5)any land under any creek,river,stream,pond or lake,
6)any 100-foot buffer zone of wetland areas 1-5 listed above,
7) any land subject to storm flowage, or flooding by groundwater or surface
water,
8)and the 200-foot riverfront area.
The following waterbodies and contiguous 200-foot zones on either side of the
waterbody in North Andover have been identified by the Commission as riverfront
areas: Mosquito Brook, Rocky Brook, Boston Brook, Cochichewick Brook,
Merrimack River and Shawsheen River(See Figure 1-3 —North Andover Riverfront
Area Maps).
The wetland resource areas listed in 1-8 above are protected in addition to the wetland
resource areas protected under the Massachusetts Wetlands Protection Act M.G.L.
Chapter 131, Section 40 ("the Acf') and its accompanying regulations 310 CMR
10.00.
The Commission shall not grant such permission without receiving written notice of
the intention to conduct such activity,and without issuing written permission to do so
all in compliance with the provisions of this Bylaw.
§178.3 Exemptions.
This Bylaw shall not apply to the following activities:
1.Emergency projects as defined in the Commission's regulations(Section 11);or
2. Maintenance,repair or replacement,without substantial change or enlargement, of
existing and lawfully located structures or facilities used in the service of the public
and used-to provide electric, gas, water, telephone, or other telecommunication
services to the public,or
3. Normal maintenance of land in agricultural use, as defined in the Commission's
regulations(Section 1);or
4.Maintenance and repair of existing public ways.
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§178.4 Applications to perform work and information required.
All applications to perform activities in the Town's resource areas shall be either in the
form of a Request for Determination or a Notice of Intent,or both. Such applications shall contain
data and plans as specified in the Commission's regulations, and shall be submitted in complete
written form to the Commission as required by this Bylaw,regulations,and application checklist
(Appendix A of Regulations).The date which serves to commence the Commission's deliberation
period is the date of receipt of the application at its offices,during regular office hours. The Town
Conservation Administrator shall be granted the power to make determinations of completeness
for applications submitted to the Commission and reject, within two (2) business days, those
applications that do not meet the minimum submittal requirements of this Bylaw,regulations,and
application checklist In order to provide sufficient review time the Commission may continue a
public hearing or public meeting if new information is submitted by the applicant,or applicant's
agent,less than seven(7)business days before the scheduled public hearing or public meeting.
The applicable forms may be obtained from the Commission and must be signed by
the applicant or applicant's agent where required. The Commission may require
further information by Regulation,guideline,or as otherwise deemed necessary by the
Commission. In order to comply with the provisions of this Bylaw, each application
must be complete as filed, and must comply with the rules set forth herein and
Commission regulations.No such application shall be accepted as complete before all
permits,variances,and approvals required by the Bylaws of the Town with respect to
the proposed activity, at the time of such Notice, have been applied for or obtained.
Such Application shall also include any information submitted in connection with
such permits, variances, and approvals that is necessary to describe the effect of the
proposed activity on the resource areas.
§178.5 Hearings.
A)Combination with State Law Hearing:
The said Commission,in its discretion,may hear any oral presentation under this
Bylaw at the same public hearing required to be held under the provisions of chapter
131, section 40, of the Massachusetts General Laws.Notice of the time and place of
such hearing(s)shall be given as required below.
B)Notice:Notice of the time and place of the hearing shall be given at the applicant's
expense, not less than seven (7) calendar days prior to the public hearing, by
publication in a newspaper of general circulation in North Andover,and by mailing a
copy of such notice to all land owners within 300 feet of the land on which the work is
proposed. All publications and notices shall contain the name of the applicant, a
description of the area where the activity is proposed by street-address,if any,or other
adequate identification of
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the location of the area or premises which is the subject of the notice,the date,time
and place of the public hearing,the subject matter of the hearing,and the nature of the
action or relief requested, if any. Public notice requirements for continued public
hearings under this Bylaw shall be the same as the notification requirements set forth
in 310 CMR 10.05(5)(b)3.
B)Proof: The applicant shall have the burden of proving by a preponderance of
credible evidence that the activity proposed in the Notice of Intent will not cause
adverse impacts to any of the interests and values sought to be protected by this
Bylaw. Failure to provide to the Commission adequate evidence for it to
determine that the proposed activity does not cause adverse impacts shall be
sufficient cause for the Commission to deny permission or to grant such
permission with such conditions as it deems reasonable,necessary or desirable to
carry out the purposes of this Bylaw; or to postpone or continue the hearing to
another date certain to enable the applicant and others to present additional
evidence, upon such terms and conditions as seem to the Commission to be
reasonable.
Due consideration shall be given to possible effects of the proposal on all
interests and values to be protected under this Bylaw and to any demonstrated
hardship on the petitioner by reason of a denial, as brought forth at the public
hearing.
D)Continuances:
The Commission may continue a public hearing or public meeting in the
following situations:
1. With the consent of the applicant, to an agreed-upon date which shall be
announced at the hearing,or
2. Without the consent of the applicant, to a specific date for the reasons
stated at the hearing, including but not limited to receipt of additional
information from the applicant or others.
F)Investigations:
The Commission, its agents, officers and employees, may enter upon privately
owned land for the purpose of carrying out its duties under this Bylaw and may
make or cause to be made such examination or survey as deemed necessary.
§178.6 Orders And Decisions.
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A)All Orders and Decisions:
If the Commission determines that the proposed activity does not require the
imposition of conditions to preserve and protect the interests of this Bylaw, the
applicant shall be so notified in writing.
If, after the hearing, the Commission determines that the proposed activity is
significant to one or more interests and values of this Bylaw, the Commission
may vote to issue written Orders of Conditions within 21 days of the close of the
public hearing. The Commission may impose such conditions, safeguards and
limitations on time and use upon such activity as it deems necessary to protect
those interests.
The Commission may prohibit such activity altogether,in the event that it finds
that the interests and values of this Bylaw can not be preserved and protected by
the imposition of such conditions,safeguards or limitations.
B)Security to Assure Performance:
The Commission may,as a part of its Order of Conditions,require,in addition to
any security required by any other Town or State Board,Commission,agency or
officer, that the performance and observance of the conditions, safeguards and
limitations imposed under this Bylaw on the applicant and owner be secured by
one,or both,of the methods described in the following clauses:
1.Deposit:
By the deposit of money, sufficient to complete the work as proposed, to
secure performance of the conditions and observance of the safeguards of
such Order of Conditions. Such security, if filed or deposited, shall be
approved as to form and manner of execution by Town Counsel or the Town
Treasurer.
2.Land Restrictions(s):
By a conservation restriction, easement, or other covenant running with the
land,executed and properly recorded(or registered,in the case of registered
land).
C)Duration of Orders:
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All Orders of Conditions shall expire three(3)years after the date of issuance.
An Order of Conditions may be extended for one year upon the request of the
applicant The request for an extension of an Order of Conditions shall be made
to the Commission at least 30 days prior to expiration of the Order of Conditions.
The Commission may grant only two (2) extensions for an individual Order of
Conditions.
No activity governed by an Order of Conditions shall be performed unless and
until all permits, approvals and variances required by the Bylaws of the Town
shall have been obtained, such Order of Conditions or notification shall have
been recorded or registered at the Essex North District Registry of Deeds or in
the North Essex District of the Land Court Department,and all applicable appeal
periods have expired. The Commission shall have the right to record or register
its Order of Conditions with said Registry or Registry District. In the event that
an Order of Conditions issued pursuant to this Bylaw is identical to a final Order
of Conditions issued pursuant to the provisions of MGL Chapter 131,Section 40,
only one such order need be recorded or registered.
D)Modifications,Amendments,Revocations:
The Commission shall have the power(on its own motion or upon the petition of
the applicant,or any person interested)to modify,amend, or revoke an Order of
Conditions. In revoking an Order of Conditions the Commission shall officially
notify the interested parties through certified mail and hold a public hearing
within 21 days of the notification date. hi the case of an amendment to an Order
of Conditions, the Commission shall have the discretion to decide if a public
hearing is warranted. This decision shall be based on the potential impact of
proposed work and its effect on the ability of the identified wetland resource
areas to provide those interests as defined under the Act and Bylaw. No public
hearing is required for a modification to an Order of Conditions. Written
notification to the applicant by certified mail is required in all cases where the
Commission initiates a modification, amendment or revocation of an Order Of
Conditions.
§178.7 Certificates Of Compliance.
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The Commission shall, upon receiving a written request and weather permitting,
inspect the resource areas where the activity governed by an Order of Conditions was
carried out and issue a Certificate of Compliance (or Partial Certificate of
Compliance)to the owner of the property,applicant,or applicant's representative,in a
form suitable for recording or registering,if it shall determine that all of the activity or
activities,or portions thereof,limited thereby have been completed in accord with said
order.
§178.8 Responsibility For Compliance.
After the recording of a Notice of Violation or Order , any person who purchases,
inherits or otherwise acquires real estate upon which work has been done in violation
of the provisions of this Bylaw or in violation of any order issued under the Bylaw
shall forthwith comply with any such Order or restore such land to its condition prior
to any such violation; provided, however, that no action, civil or criminal, shall be
brought against such person unless such action is commenced within three years
following the recording of the deed or the date of the death by which such real estate
was acquired by such person.
§178.9 Rules And Regulations.
The Commission shall be empowered to establish Rules and Regulations to govern its
affairs, including but not limited to fees, definitions, use of consultants, security to
assure performance, performance standards for work in wetland resource areas, and
such other information which it deems necessary to discharge its responsibilities.
After due notice and public hearing,the Commission may promulgate such rules and
regulations to effectuate the purposes of this Bylaw, by a majority vote of the duly
appointed members.
Failure by the Commission to promulgate such rules and regulations; or a legal
declaration of their invalidity by a court of law shall not act to suspend or invalidate
the effect of this Bylaw.
§179.10 Enforcement,Investigations&Violations
In accord with the provisions of M.G.L. Chapter 40, Sections 21D and 31 as well as
every other authority and power that may have been or may hereafter be conferred
upon it,the Town may enforce the provisions of this Bylaw,restrain violations thereof
and seek injunctions and judgments to secure compliance with its Orders of
Conditions.Without limiting the generality of the foregoing:
A) Any person who violates any provision of this Bylaw or of any condition or a
permit issue pursuant to it may be punished by a fine pursuant to
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Massachusetts General Laws,Chapter 40,section 21.Each day or portion thereof during which a
violation continues shall constitute a separate offense; if more than one, each condition
violated shall constitute a separate offense. This Bylaw may be enforced pursuant to
Massachusetts General Laws Chapter 40, section 21D, by a Town police officer, other
persons having police powers, Conservation Commissioners or the Conservation
Administrator.
In accordance with Ch. 40 S. 21D, violators shall, at the discretion of the enforcement
authorities,be charged a penalty. The penalties for violations of this Bylaw or regulations
promulgated hereunder may be assessed as follows:
Violation Violation/Day
Alteration of any wetland resource area$ 100 identified in Section 178.2 of this Bylaw:
Violation of any Order of Conditions:$ 100
Depositing any refuse,debris,yard waste or$ 100
construction material in a wetland or water body:
Alteration of any stream or water body:$ 100
Any violation of any section of this Bylaw that
occurs in the Lake Cochichewick Watershed:$ 100
B)In the event of a violation of this Bylaw or of any order issued thereunder,the Commission
or its agents may issue a stop work order to the owner,the applicant or applicant's agent by
certified mail,return receipt requested,or by posting the same in a conspicuous location on
said site.Any person who shall violate the provisions of a stop work order shall be deemed
in violation of the Bylaw;but the failure of the Commission to issue a stop work order for
any reason shall not prevent the Town from pursuing any other legal remedy at law or in
equity to restrain violations of this Bylaw or promulgated regulations and to secure
compliance with its Orders.
C) The Town shall be the beneficiary of all fines imposed on account of the violation of this
Bylaw or promulgated regulations in order to defray the expense of enforcing the same.
D)Upon request of the Commission,the Board of Selectmen and Town Counsel shall take such
legal action as may be necessary to enforce this Bylaw or promulgated regulations and
permits issued pursuant to it.
E) Upon recommendation of the Commission, the Board of Selectmen may employ Special
Counsel to assist the Commission in carrying out the legal aspects,duties and requirements
of this Bylaw and promulgated regulations.
§178.11 Consultant Services Account. [Section 178.11 Disapproved by Attorney General October 20,19981
All remaining provisions were approved.
§178.12 Captions And Severability.
The captions used herein are for convenience only and are expressly intended to have no legal or binding
significance. The invalidity of any section or provision of this Bylaw shall not invalidate any other section
or provision thereof,nor shall it invalidate.
Or to take any other action relative thereto.
Petition of Robert Ercolini and others
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2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
Article UU(CP). Roadway Acceptances—Willow Street,Willow Street(South)Extension,Bayfield
Drive and Flagship Drive. To see if the Town will vote to accept the following roadways as public ways:
Willow Street,Willow Street(South)Extension,Bayfield Drive and Flagship Drive,all shown on a Street
Layout Plan entitled "Street Layout Plan of Willow Street(South) Extension and Bayfield Drive `North
Andover Business Park' "; prepared for Bayfield Development Company, Inc. 355 Middlesex Avenue,
Wilmington MA 01887; prepared by the Neve-Morin Group, Inc., 447 Old Boston Road, Topsfield, MA
01983; scale 1" —40', dated December 21, 2004 on file with the North Andover Department of Public
Works;or to take any other action relative thereto.
Petition of Domenic Scalise and others
Article VV(CP). Roadway Acceptance—Chatham Circle and Nantucket Drive. To see if the Town
will vote to accept and name as public ways Chatham Circle and Nantucket Drive as shown on a plan of
land entitled"Definitive Subdivision Plan Chatham Crossing,North Andover,Massachusetts"prepared by
Andover Consultants, Inc. dated January 31, 2000, revised May 1, 2000 and June 14, 2000 and recorded
with Essex North District Registry of Deeds as Plan No. 13801;or to take any other action relative thereto.
Petition of Donna M.Adam and others
Article WW(CP). Roadway Acceptance—Glenore Circle. To see if the Town will vote to accept as
a public way Glenore Circle as shown on a plan entitle "Street Layout Plan, Located in North Andover,
MA, prepared for Berrington Place, Glenore Circle, Scale 1" — 40', Date, March 2005, Christiansen &
Sergi",which is on file with the Town Clerk of North Andover;or to take any other action relative thereto.
Petition of Barbara D.Caruso and others
Article YY(CP). Roadway Acceptance—Berrington Place. To see if the Town will vote to accept as
a public way Berrington Place as shown on a plan entitle"Street Layout Plan, Located in North Andover,
MA, prepared for Berrington Place, Glenore Circle, Scale 1" — 40', Date, March 2005, Christiansen &
Sergi",which is on file with the Town Clerk of North Andover;or to take any other action relative thereto.
Petition of Barbara D.Caruso and others
Article ZZ (CP). Maintain Current Zoning Classification—651 Turnpike Street. To see if the
Town will vote to maintain the current General Business(GB)classification on the property located at 651
Turnpike Street.
This property was rezoned General Business(GB)at last year's May 2005 Annual Town Meeting.
The property consists of 45,000 square feet, or 1.03 acres of land. A description of the property can be
found on Map 25 Block 53 of the town of North Andover Assessor's Map. The property is further
described in Book 03794 Page 0278 at the Essex County Registry of Deeds.
The current General Business (GB) classification is consistent with the public policy considerations of
Chapter 40(A)of the Massachusetts General Laws. The General Business Classification permits the most
appropriate use of the land and promoted the health,safety,and welfare of the Town's residents.
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2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
Petition of George S.Hajjar and others
Article ZZ. Amend Zoning Map — 160 Pleasant Street — Assessors Map 70 — Parcel 18 From
General Business(GB)to Residential 4(R4). To see if the Town will vote to amend the Zoning Map of
the Town of North Andover to rezone a parcel of land located at Davis Street, with an address if 160
Pleasant Street,North Andover,MA from General Business(GB)to Residence 4(R4).
Said parcel of land being a portion of North Andover Assessor's Map 70,Parcel 18 and located on
the Southerly side of Davis Street approximately 86.15 feet Easterly if the intersection of Davis Street with
Pleasant Street.
Said parcel is more particularly bounded and described as follows:
NORTHERLY by Davis Street,86.15 feet;
EASTERLY by land now or formerly of Learning Center Asscoiates 96.50 feet;
SOUTHERLY by other land of KSJ Realty Trust,85.16 feet;and
WESTERLY by land formerly of Michael J. and Judy M. Pollizzotti, now of
Scott Steinberg and Jennifer L. Steinberg, 111.50 feet
Containing 8,850 square feet of land,more or less.
Meaning and intending to rezone a portion of land owned by Joseph G. levis,Trustee of KSJ Realty Trust.
For further reference see deed dated January 19,2005 and recorded in the North Essex Registry of Deeds,at
Book 9310,Page 218;or to take any other action relative thereto.
Petition of Joseph G.Levis and others
Article AAA. Organization of Town Bylaw, Chapter 59, Town Meetings. To see if the
Town will vote to reorganize some section numbers and section titles within Chapter 59 of the
Code of the Town of North Andover(Town Meetings),without any change of existing text within
the bylaw. The following changes are to correct transcription errors and numbering ambiguities in
previously adopted bylaws:
1. Change title of Section 59-5, from"Reconsideration of Articles",to"Information required
for consideration of articles",which was the title used when the bylaw was adopted under
Article 44 of the 1988 Annual Town Meeting.
2. Establish that Section 59-6 is titled"Annual Town Meeting",as first adopted under Article
17 of the 1994 Annual Town Meeting,and contains the following two paragraphs,as voted
under Article 35 of the 2000 Annual Town Meeting:
"Annual Town Meeting shall be held on the first Monday in May at 7:00 p.m.
In accordance with MGL Chapter 39, Section 9, which permits the Board of
Selectmen to postpone by vote, an Annual Town Meeting, any such postponement
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2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
shall be held on any weekday evening Monday through Thursday at 7:00 p.m. until
all articles in the warrant have been acted upon."
3. Establish that newly-numbered Section 59-7 is titled "Votes to be Declared by the
Moderator", and contains the following text, mistakenly voted to be Section 59-6, under
Article 37 of the 1997 Annual Town Meeting:
"The Moderator may take all votes requiring a two-thirds majority in the same
manner in which he or she conducts the taking of a vote when a majority vote is
required."
or to take any other action relative thereto.
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2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
And you are directed to serve this Warrant by posting true and attested copies thereof at the Town
Office Building and one public place in each voting precinct in the Town, said copies to be posted
not less than seven(7) days before the time of said meeting. 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
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2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
NORTH ANDOVER,MASSACHUSETTS
Joyce A.Bradshaw,Town Clerk
Attest: A True Copy:
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2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB
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