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HomeMy WebLinkAbout2006 ANNUAL TOWN MEETING WARRANT-FINAL BOS TO SIGN-DRAFT-MARCH 22, 2006-NO RECOMMENDATIONS pf NORTH 9ti a� p ay1 y�SSACNus 5 Town of North Andover Annual Town Meeting Warrant May 8,2006 COMMONWEALTH OF MASSACHUSETTS ESSEX,SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts,and in compliance with Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet at the North Andover High School,430 Osgood Street on Monday May 8, 2006, at 7:00 PM then and there to act upon the following articles: Article A. Reports of Special Committees. To see if the Town will vote to hear the reports of any appointed special committees,or to take any other action relative thereto. Petition of the Board of Selectmen Article B. Consent Articles. To see if the Town will vote the following consent articles. A. Reports of Receipts and Expenditures. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2005 Annual Town Report. B. Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years. In accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts for terms exceeding three years,including any renewal, 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, 1 2006 ANNUAL TOWN MEETING WARRANT 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 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 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. Petition of the Board of Selectmen Article G. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation For Fiscal Year 2006. To see if the Town will vote to amend the Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2006 as voted under Article 13 of the 2005 Annual Town Meeting;or to take any other action relative thereto. Petition of the Board of Selectmen 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 Article K General Fund Appropriation Fiscal Year 2007. To see if the Town will vote to raise and appropriate,transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1,2006 and ending June 30,2007;or to take any other action relative thereto. Petition of the Board of Selectmen 2 2006 ANNUAL TOWN MEETING WARRANT 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 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 Article N. Water Enterprise Fund Appropriation-Fiscal Year 2007. To see if the Town will vote to appropriate from Water Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Water Enterprise Fund for the Fiscal Year beginning July 1, 2006 and ending June 30, 2007; or to take any other action relative thereto. Petition of the Board of Selectmen 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 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 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 3 2006 ANNUAL TOWN MEETING WARRANT Article R. Establishment of Revolving Funds. To see if the town will vote to authorize the following revolving funds for certain Town departments under Massachusetts General Laws, Chapter 44, Section 53E '/z for the Fiscal Year beginning July 1, 2006-,or to take any other action relative thereto. REVOLVING ACCOUNTS A/C# Revolving Fund Authorized to Use of Funds Revenue Source 2007 Spend Limit 1 022-5423-3437 Division of Division Head All programs and Participants fees, $ 250,000 Youth Services activities,expense, Grants,Donations,and part time help related Fundraising proceeds 2 0224925-3077 Field Division Head Field maintenance, Field rental fees, $ 40,000 Maintenance upgrade and related Grants,Donations,and expenses related Fundraising proceeds 3 022-5590-3564 Division of Division Head Senior programs, Participants fees, $ 50,000 Elder Service classes and activities Grants,Donations,and related Fundraising proceeds 4 022-5102-3424 Health Dept Division Head Clinic supplies and Clinic participant fees, $ 20,000 Revolving other related Grants,Donations,and materials related Fundraising proceeds 5 022-4306-3008 Wheelabrator Division Head Air quality monitoring Wheelabrator Host $ 25,000 Planning Service Agreement 6 022-4307-3083 Wheelabrator Division Head To enforce Trash Wheelabrator Host $ 20,000 Trash Truck Truck regulations Service Agreement Enforcement 7 022-4308-3649 Wheelabrator- Division Head Protection of health, Wheelabrator Host $ 40,000 Health safety and monitoring Service Agreement the air quality 8 022-4309-3084 Health Dept- Division Head Food Consultant's Inspection fees $ 10,000 Food fees and expenses Inspections related to program 9 022-4310-3085 Health Dept- Division Head Septic Consultant Inspection fees $ 40,000 Septic fees and expenses Inspections related to program Petition of the Board of Selectmen 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 4 2006 ANNUAL TOWN MEETING WARRANT Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee;or to take any other action relative thereto. Petition of the Community Preservation Committee ARTICLE T. Amend General Bylaws—Various Chapters-Unified Fee Bvlaw. To see if the Town will vote to give the Board of Selectmen the authority to set fees and to designate enforcement agent by amending the General Bylaws as follows: Delete Chapter 158-5 Registration Fee,and insert the following: Chapter 158-5. Registration Fee: 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. Delete Chapter 127-1 License Required; Fee;Duration, and insert the following: 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. Delete Chapter 88-5 License Fees, and insert the following: 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 Chapter 140, Section 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. 5 2006 ANNUAL TOWN MEETING WARRANT Delete Paragraph B from Chapter 88-2 Impoundment; Redemption Fee, and insert the following: 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. Delete Chapter 101-1 Establishment of Fees,and insert the following: Chapter 101-1. Establishment of Fees: The following fees shall be established by the Board of Selectmen: A. Fees for automatic amusement device licenses pursuant to Massachusetts General Laws Chapter 140, Section 177a. B. Fees for sealing of weights and measures services pursuant to Massachusetts General Laws Chapter 98, Section 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. Delete Chapter 77-1 Building Permit Fees, Exclusive of Mechanical and Utility Fees, and insert the following: 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. 6 2006 ANNUAL TOWN MEETING WARRANT The Building Inspector shall periodically make a recommendation to the Town Manager relative to the adequacy of the fees, fines and assessments and the schedule relative thereto, as cited above,which may be adjusted by the Board of Selectmen as required. Until a new fee is established by the Board of Selectmen,the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. Delete Chapter 69-7.1 Connection Fees, and insert the following: Chapter 69-7.1. Connection Fees: Each alarm user shall on or before October I't 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. Add the following new paragraph to Chapter 130-2,Littering,Violation and Penalties The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his designee. Add the following new paragraph to Chapter 69-14 Burglar Alarm Bylaw Violations: C. The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his designee. Add the following new paragraph at the end of Chapter 69-7.2 Fire Alarm Bylaw Violations: L The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his designee,or the Fire Chief or his designee. Add the following new paragraph to Chapter 161-5 Leaf Regulations—Penalties: The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his designee. Add the following new sentence at the end of Chapter 158-12 Enforcement of Solicitation Bylaw—Penalty: The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his designee. or to take any other action relative thereto. 7 2006 ANNUAL TOWN MEETING WARRANT Petition of the Board of Selectmen 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 Article V. Intermunicipal Joint Purchasing Agreement—Community Software Consortium. To see if the Town of North Andover will vote to authorize the municipality to enter into an intermunicipal joint purchasing agreement pursuant to Massachusetts General Laws Chapter 40 Section 4A for the provision of technology solutions and related consulting and support services with the Community Software Consortium,preserving the rights and privileges established in prior agreement(s). The duration of this agreement, in accordance to statute, shall be for no more than 25 years, with the ability of the community to withdraw from this agreement at any time. The annual obligation of the municipality under this agreement will be paid from the participating departments' expense appropriations. The annual obligation is determined by membership vote pursuant to the consortium's bylaws;or to take any other action relative thereto. Board of Assessors ARTICLE W. Continue Provisions of Massachusetts General Laws,Chapter 59,Section 5K, (as amended). To see if the Town will vote to accept and continue the provisions of Massachusetts General Laws, Chapter 59, Section 5K, as amended, (the amendment increases the maximum tax abatement from $500 to $750 each year) 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 take any other action relative thereto. Petition of the Board of Selectmen Article X. Petition the General Court—Amend Town Charter-Chapter 7-Section 8-1- Board of Health Membership. 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 of the Town of North Andover,by deleting the words"three members"and replacing with the words"five members"so that Section 8.1 would read as follows: "A Board of Health of five members shall be appointed by the Town Manager for three-year overlapping terms, unless the manager shall replace the board with a health agent,with the approval of the Board of Selectmen, in accordance with general law."; or to take any other action relative thereto. Petition of the Board of Selectmen Article: Y. Rezone Turnpike Street—Corridor Development District 1 (CDDl). To see if the Town will vote to amend the Zoning Map of the Town of North Andover,pursuant to Section 3.2 of the Zoning Bylaw,to rezone the below parcels from their current zoning designation to the Corridor Development District 1 as follows: 8 2006 ANNUAL TOWN MEETING WARRANT To rezone twelve (12)parcels with land fronting Turnpike Street from the intersection of Hillside Road and Turnpike Street(next to Chestnut Greet Office Park)starting at 591 Turnpike Street and ending at Map 98D, Lot 46 (0 Turnpike Street, property southeast of Country Side Realty) and consisting of approximately 20.2 acres. These twelve parcels of land are shown on the Town of North Andover Assessors Map as the following map and parcels with corresponding current zoning designations: ➢ To change the current zoning designation of Residential 6 to the Corridor Development District 1 (CDD1): Map 25,Parcel 5 Map 25,Parcel 7 Map 25,Parcel 20 Map 25,Parcel 6 Map 25,Parcel 8 Map 25,Parcel 43 ➢ To change the current zoning designation of Village Commercial (VC) to the Corridor Development District 1 (CDD1): Map 25,Parcel 44 Map 25,Parcel 50 ➢ To change the current zoning designation of General Business (GB) to the Corridor Development District 1 (CDD1): Map 25,Parcel 4 Map 98D,Parcel 46 Map 25,Parcel 53 Map 98D,Parcel 47 or to take other action relative thereto. Petition of the Planning Board Article Z: Section 16 Corridor Development District 1 (CDDl) and Corridor Development District 2(CDD2) To see if the Town will vote to amend the North Andover Zoning Bylaw to create two new Zoning Districts, Corridor Development District 1 (CDD1)and Corridor Development District 2(CDD2), under Section 16 of the North Andover Zoning Bylaw as follows: 16 Corridor Development Districts ,6.,16.1 Objectives .--- Formatted:Bullets and Numbering The Corridor Development Districts are intended: 1. To control and-the design of commercial and residential development along the primary corridors for vehicular travel through North Andover(Route 114,Route 133,and Route 125) 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, 9 2006 ANNUAL TOWN MEETING WARRANT 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 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. 16.1.1 Corridor District 1 16.2.1 Permitted Uses In the Corridor Development District 1,iie lard shall be,,., a ai- no building or structure shall - comment[1113]:this prohibits open space be reconstructed,, -erected erected, altered or used for any other purpose than and shall not exceed 3,000 rog sss square feet of building area: b-1. Retail uses excluding auto sales and repair;iip to 2,500 gross sVaFe feet of bt4k1iFtg---- Formatted:Bullets and Numbering ^provided there is no outdoor sales or storage of materials and products. 2. Restaurants where the business primarily serves food to be consumed within the building excluding quick service restaurants and drive-through facilities. 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. 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-eefiEof the total foor- spaee ogr ss square feet for a two (2) story building and not more than seventy-five-five percent(75%)of the gross square feet for a three(3)story_in-the�-building. 16.2.2 Uses Subject to a Special Permit The following uses may be allowed in the Corridor Development District 1 by granting of a Special Permit pursuant to Section 8.3 and 10.3 of the Bylaw: 10 2006 ANNUAL TOWN MEETING WARRANT I. No-A structure or building greater than X5993 000 gross square feet may be allowed without-by-the granting of a special permit from the Planning Board and subject to the following conditions: a. Submission of a traffic impact and mitigation plan by a professional traffic engineer/consultant. b. For those parcels abutting residential zoned properties, sufficient evidence must be provided to demonstrate that no reasonable alternatives to the site layout, site design,and parking configuration exist. c. A determination by the Planning Board that the proposed development will not create adverse traffic and safety impacts 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. 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, display and control,how about 30-50%of I"floor area9 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. 16.3 Corridor Development District 2 16.3.1 Permitted Uses In the Corridor Development District 2,�&land shall b° us ^^a no building or structure comment[R3]:this prohibits open space shall be reconstructed, erected, altered or used for any other purpose than and shall not exceed 3,000 gross square feet of building area: 1. Retail uses exe! inn atAo sales and ro p t„ 10,000 , e feet„F building ing area—,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 quick service restaurants and drive-through facilities. 3. Personal service establishments. 11 2006 ANNUAL TOWN MEETING WARRANT 4. Indoor recreation,fitness,and health care facility. 5. Indoor place of amusement or assembly. 6. Public building or use and Public Service Corporation. 7. Professional offices including, but not limited to banks, real estate offices, insurance offices, physician offices, dentists, attorneys, architects, engineers or accountants. No drive-through facilities are permitted with these uses. 8. Art Gallery 9. Cultural Center or Museum. 10.Place of worship. 11. Same-structure/On-site Mixed Use Developments a. Residential uses shall not be located on the first floor of a structure or building. b. Apartments and condominiums shall be allowed where such use is not more than fifty percent(50%)of the gross square feet for a two(2)story building and seventy- five percent (75%) of the ogr ssssquare feet for a three (3) story building_ fifty 0 2500 scruare f et 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_4e-frve- aeFOTthe 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[R4]:I'm not sure what you're trying c. On any lot of at least five (5)acres,the keeping of any number of animals or birds to accomplish here. Do you want to allow a business such as a boarding stable,but not allow keeping of regardless of ownership and the operation of equestrian riding academies, stables, friends animals9 stud farms,dairy farms,and poultry batteries. d. The sale of products raised as a result of the above uses on the subject land. 1 6.3.216.3.2 Uses Subject to a Special Permit .--- Formatted:Bullets and Numbering The following uses may be allowed in the Corridor Development 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 the corridors 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. 12 2006 ANNUAL TOWN MEETING WARRANT 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 thirty percent(30%)of the indoor principal use devoted to retail sales.] ,- comment[RS]:This nrigbt be difficult to control b. The products, materials or goods displayed, stored or sold outdoors, by special as you W.How°W the area for floor area?me structure.How about 50%of 1s°floor area. permit,must not be visible from any residential use. c. The goods, materials, and products permissible for outdoor storage, display and sales hereunder, shall explicitly exclude automobiles,motorcycles,or other wheeled vehicles and include only goods, materials, and products, which are customarily stored,displayed,or sold outdoors without the necessity for cover from the weather. Fertilizers and other toxic,hazardous chemicals are also excluded herein. d. The amount of area designated for outdoor storage shall be included in the dimensional requirements for maximum lot coverage. e. The entire outdoor storage area shall be enclosed by a wall of solid opaque material such as masonry or solid wood fencing which,in the opinion of the Planning Board, will not derogate from the surrounding area. f. Sufficient landscaping shall be provided around the perimeter of the storage area at the discretion of the Planning Board. g. Only living plants can be higher than the surrounding vertical structural screening. 16.4 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 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, 13 2006 ANNUAL TOWN MEETING WARRANT 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 the primary corridors, 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 ^r 1,vhiph ^^la'a be deNvloped or which could be developed as future site development activity occurs 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 the primary corridors 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 coverages--- Formatted:Bullets and Numbering allowed by the requirements of the bylaw for an existing or proposed use, and, 32. an increase of one dwelling unit per acre for an existing or proposed residential use. Applicants should notify the Massachusetts Highway Department as soon as possible of their intent to utilize the provisions of this bylaw in order to facilitate an orderly and cooperative permitting process between the Planning Board and the state highway department, 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 The ten(10)feet nearest the street or front lot line must be landscaped and such landscaping shall not affect vehicular sight distance. 2. Side Yards: The five (5) feet nearest the side lot line must be landscaped. A waiver to the landscape requirements may be granted if one access driveway services the lot. 3. Rear Yards: The ten(10)feet nearest the rear lot lines must be landscaped. 4. Side and Rear Yards: Where a lot abuts a residential zoning district, the fifteen (15) feet nearest the side and rear lot lines must be landscaped. In addition,within ten(10) 14 2006 ANNUAL TOWN MEETING WARRANT 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 Corridor Development Districts 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 lnstalled along the entire length of each building foundation wall, except at points-of—,- comment[R6]:Is it intended for all four side? If entry/exit, lawfully required fire access points, loading/receiving bay areas, and any nor,gay go. other structural amenities necessary and ordinary to the use of the building. 6. The Planning Board shall have final discretion in determining if sufficient 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 and in perpetuity. 16.6 Lighting and Signs 1. All outdoor lighting shall be designed so as not to adversely impact surrounding uses and residential properties, while also providing a sufficient level of illumination for access and security purposes. Such lighting shall not blink, flash, oscillate or be of unusually high intensity of brightness. 2. Parking areas shall be illuminated to provide appropriate visibility and security during hours of darkness. 3. Any outdoor lighting fixture newly installed or replaced shall be shielded so that it does not produce a strong,direct light beyond the property boundaries,and shall be directed toward the object or area to be illuminated. Light shall be directed away from residences. Where a lot abuts a residential zoning district, additional screening measures may be required at the discretion of the Planning Board. 4. Lighting of the site shall be adequate at ground level for the protection and safety of the public in regard to pedestrian and vehicular circulation. The glare from the installation of outdoor lights and illuminated signs shall be contained on the property and shall be shielded from abutting properties. 5. Landscape screening shall consist of planting,including evergreens,the plantings to be of such height, depth as needed to sufficiently screen from view abutting residential areas any unshielded light source,either inside or outside. 6. All signs shall conform to Section 6.6(D)Business and Industrial Districts. 16.7 Submission of a Special Permit Application and Plan Procedures: 1. The applicant shall file eight (8) copies of Corridor Development District Plan, supporting materials, filing and outside engineering review escrow fees, and three (3) copies of the form titled"Corridor Development District Special Permit Application"to the Planning Board. The Town Planner shall certify that the plans and materials submitted have been time stamped by the Town 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 15 2006 ANNUAL TOWN MEETING WARRANT a public hearing process and will receive comments from the public, other Town Departments,and the applicant. 3. The applicant must follow the procedures for obtaining a Special Permit as set forth in Section 10.3 of the Zoning Bylaw. 4. If applicable, the applicant must follow the procedures for Site Plan Review under Section 8.3, Site Plan Review. 16.8 Parking Requirements The Planning Board, at its sole discretion, may waive up to 25% of the required parking spaces if it determines that the permitted use may allow for less than the zoning mandated parking requirement. Further,the Planning Board may consider: 1. The elimination of up to 25%of the required parking spaces to be constructed. 2. The elimination of up to 25%of the required parking spaces to be initially constructed, but require an adequate area for future spaces should they be required at a later date. 3. The elimination of up to 25%of the required parking spaces to be initially constructed, but require an adequate area for future spaces should they be required at a later date due to a change of use. 16.9 Change of Use Subsequent to Granting of Special Permit Special Permits granted under the Corridor Development Districts 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 Corridor Development Districts 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 Corridor Development Districts. 16.11 Dimension and Density Requirements -- comment[R7]:Allow min distance between 16.11.1 Corridor Development District 1 building to be nun to feet. 16 2006 ANNUAL TOWN MEETING WARRANT Corridor Ilevelopment District 1 Minimum lot size 1 acre/43560 s.f. Mmimum frontage 150 feet Maximum lot coverage including buildings,driveways and parking areas 70% Maximum building coverage 50% Maximum height not to exceed three(3)stories above ground 35 feet Mmimum building and structures front setback 10 feet Mmimum building and structures rear setback 20 feet Minimum building and structures side 15 feet Mmimum building and structures side where lot abuts residential zoning district 20 feet Minimum distance between buildings 10 feet Minimum usable open space requirements 30% Floor Area Ratio 0.75: 1 16.11.2 Corridor Development District 2 Route 114 Corridor Zone 2 Minimum lot size 2 acres/87120 s.f. Minimum frontage 250 feet Maximum lot coverage including buildings,driveways and parking areas 70% Maximum building coverage 40% Maximum height not to exceed three(3)stories above ground 35 feet Minimum building and structures front setback 10 feet Minimum building and structures rear setback 25 feet Minimum building and structures side 15 feet Minimum building and structures side where lot abuts residential zoning district 20 feet Minimum distance between buildings 10 feet Minimum usable open space requirements 30% Floor Area Ratio 0.75: 1 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 Bvlaw — Add New Section - Section 17 Route 114 Corridor District 2 (RCD2). To see if the Town will vote to amend the North Andover Zoning Bylaw by adding a new section, Section 17,Route 114 Corridor District 2 to establish a new zoning district within the Town of North Andover as follows: 17 ROUTE 114 CORRIDOR DISTRICT 2(RCD2) 16.417.1 Objectives t--- Formatted:Bullets and Numbering The Route 114 Corridor District 2 is intended: 4A. To control and-the design of commercial and residential development along the Route---- Formatted:Bullets and Numbering 114 Corridor in such a manner that encourages sound site planning, appropriate land use, 17 2006 ANNUAL TOWN MEETING WARRANT 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 In the Route 114 Corridor District 2, � 1,.ra shall b ,,..,,,1 ai- no building or structure --- comment[1118]:dug prohibits open space shall be reconstructed, erected, altered or used for any other purpose than and shall not exceed 3,000 gross square feet of building area: 4-.13. Retail uses excluding „t ales and repair, to 10,000 gros square feet .eft--- Formatted:Bullets and Numbering provided there is no outdoor sales or storage of materials and products. However,auto sales and repair are not allowed. 2-.14. Restaurants where the business primarily serves food to be consumed within the building excluding fast food establishments and drive-through facilities. 3-.15. Personal service establishments. 4.16. Indoor recreation,fitness,and health care facility. 5-.17. Indoor place of amusement or assembly. 6-18. Public building or use and public service corporation. 7--.19. 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-.20. Art Gallery 921. Cultural Center or Museum. 4&22. Place of worship. 1-L-23. Same-structure/On-site Mixed Use Developments a. Residential uses shall not be located on the first floor of a structure or building. b. Apartments and condominiums shall be allowed where such use is not more than fifty percent(50%)of the org ss square feet for a two(2)story building and sevent - five percent (75%) of the gross square feet for a three (3) story building_ fifty (500/) p ent of ti.° total &OF SpaeO ifl the buildifig up to ., fflaxinlun+--of 2500 square f°t 42,24. Farming,Livestock,Animal Care: .--- Formatted:Bullets and Numbering a. Farming of field crops and row crops,truck gardens, orchards,plant nurseries, and greenhouses. 18 2006 ANNUAL TOWN MEETING WARRANT 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* � aer-es,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[1119]:I'm not sure what you're trying c. On any lot of at least five (5)acres,the keeping of any number of animals or birds to h as a oa Here. �o you t not allow a business such as a boarding stable,but not allow keeping of regardless of ownership and the operation of equestrian riding academies, stables, friends animals? stud farms,dairy farms,and poultry batteries. d. The sale of products raised as a result of the above uses on the subject land. 16.3.217.3_ Uses Subject to a Special Permit ---- Formatted:Bullets and Numbering The following uses may be allowed in the Route 114 Corridor District 2 by granting of a Special Permit pursuant to Section 8.3 and 10.3 of the Bylaw: 4-3. No structure or building greater than 3,000 gross square feet may be allowed---- Formatted:Bullets and Numbering without a special permit from the Planning Board and subject to the following conditions: a. Submission of a traffic impact and mitigation plan by a professional traffic engineer/consultant. b. For those parcels abutting residential zoned properties, sufficient evidence must be provided to demonstrate that no reasonable alternatives to the site layout, site design,and parking configuration exist. c. A determination by the Planning Board that the proposed development will not create adverse traffic and safety impacts on Route 114 and neighborhood streets and uses are harmonious with the character of the area. d. A determination by the Planning Board that the proposed development provides sufficient screening and buffering for those parcels abutting residential zoned properties. 2-4. For outdoor storage, display, and sales of materials, products and goods in---- Formatted:Bullets and Numbering connection with retail uses and provided: a. Permissible area of land devoted to the specially permitted outdoor use may not exceed thirty percent(30%)of the indoor principal use devoted to retail sales. -- Comment[trio]:This might be difficult to b. The products, materials or goods displayed, stored or sold outdoors, by special control ct you ow about 5 me area for ar retail?side the structure.How about 50%of 1s4 floor area. permit,must not be visible from any residential use. c. The goods, materials, and products permissible for outdoor storage, display and sales hereunder, shall explicitly exclude automobiles,motorcycles,or other wheeled vehicles and include only goods, materials, and products, which are customarily stored,displayed,or sold outdoors without the necessity for cover from the weather. Fertilizers and other toxic,hazardous chemicals are also excluded herein. d. The amount of area designated for outdoor storage shall be included in the dimensional requirements for maximum lot coverage. e. The entire outdoor storage area shall be enclosed by a wall of solid opaque material such as masonry or solid wood fencing which,in the opinion of the Planning Board, will not derogate from the surrounding area. 19 2006 ANNUAL TOWN MEETING WARRANT 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. U4. 17.4 17.4 Design Standards t--- Formatted:Bullets and Numbering 4-.12. Any other performance standards of the town shall also apply to uses conducted---- Formatted:Bullets and Numbering under this Section 17.4 of the North Andover Zoning Bylaws, 2-.13. Architecture should demonstrate the cohesive planning of the development and---- Formatted:Bullets and Numbering present a clearly identifiable design feature throughout. Applicants are encouraged to use traditional New England architectural elements in the design. It is not intended that buildings be totally uniform in appearance or that designers and developers be restricted in their creativity. Rather, cohesion and identity can be demonstrated in similar building scale or mass; consistent use of facade materials; similar ground level detailing, color or signage; consistency in functional systems such as roadway or pedestrian way surfaces, signage, or landscaping; the framing of outdoor open space and linkages, or a clear conveyance in the importance of various buildings and features on the site, X14. 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. X16. Landscaped space and pedestrian connectivity shall be designed and located to---- Formatted:Bullets and Numbering provide sufficient and safe access throughout the development and/or abutting residential neighborhoods. An alternative to a sidewalk,such as an asphalt path or trail, which better serves the purpose of connecting commercial businesses to each other and the community,may also be used. 6-.17. Commercial uses shall be designed and operated, and hours of operation limited---- Formatted:Bullets and Numbering where appropriate, so that neighboring residents are not exposed to offensive noise, especially from traffic or late-night activity. No amplified music shall be audible to neighboring residents, 7--.18. Vehicular access to and from public roads is intended to be consolidated. Vehicular---- Formatted:Bullets and Numbering access to lands from a public roadway shall generally be limited to one(1)access point, particularly when frontage along said roadway is two hundred(200)feet or less, 8-19. Driveway consolidation should be undertaken so as to reduce traffic conflicts on---- Formatted:Bullets and Numbering 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 er which could be developed or which could be developed as future site development aetivity-eersto a common access point. 20 2006 ANNUAL TOWN MEETING WARRANT ii. The Planning Board may approve provisions for interior roadways utilizing joint access and/or egress, recognizing that the final design and permitting of access to Routes 114 is to be accomplished only through the access permit process of the Massachusetts Highway Department. The Planning Board shall have the authority to authorize the following density bonuses for abutting owners who develop interior roadways or feeder streets utilizing a common drive and curb cuts thereby eliminating per parcel access/egress point on the highway: 2--.1. an additional five (5%) percent in the amount of lot coverage---- Formatted:Bullets and Numbering 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. 4-.20. The design should preserve and enhance natural features such as topography,---- Formatted:Bullets and Numbering waterways,vegetation,and drainage ways, 40-.21. The design should minimize impervious surfaces and incorporate other design features to minimize storm water runoff,and 1-L-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 The ten(10)feet nearest the street or front lot line must be landscaped and such landscaping shall not affect vehicular sight distance. 2. Side Yards: The five (5) feet nearest the side lot line must be landscaped. A waiver to the landscape requirements may be granted if one access driveway services the lot. 3. Rear Yards: The ten(10)feet nearest the rear lot lines must be landscaped. 4. Side and Rear Yards: Where a lot abuts a residential zoning district, the fifteen (15) feet nearest the side and rear lot lines must be landscaped. In addition,within ten(10) feet of the side and rear lot line, a buffer of at least eight(8) foot high trees or shrubs must be planted and maintained in a healthy condition by the owner of the property in perpetuity. A six (6) foot stockade fence must be erected along the side and rear property lines to physically separate the residential zone from the Route 114 Corridor District 2 areas. The Planning Board may specify the type and species of natural buffering required. 5. Building Foundation: A minimum three (3) foot wide landscaping strip must be mstalled along the entire length of each building foundation wall, except at points-of-,,- comment[11111]:Is it intended for all four sae? If not,say so. 21 2006 ANNUAL TOWN MEETING WARRANT entry/exit, lawfully required fire access points, loading/receiving bay areas, and any other structural amenities necessary and ordinary to the use of the building. 5. The Planning Board shall have final discretion in determining if sufficient landscape screening and buffering of varying depth and height has been provided. 6. All required screening, as described in items 1 through 6 above, shall be maintained in good condition at all times. 47617.6 Lighting and Signs ---- Formatted:Bullets and Numbering 4-.7. All outdoor lighting shall be designed so as not to adversely impact surrounding---- Formatted:Bullets and Numbering uses and residential properties, while also providing a sufficient level of illumination for access and security purposes. Such lighting shall not blink, flash, oscillate or be of unusually high intensity of brightness. 2-.8. Parking areas shall be illuminated to provide appropriate visibility and security during hours of darkness. 3-.9. Any outdoor lighting fixture newly installed or replaced shall be shielded so that it does not produce a strong, direct light beyond the property boundaries, and shall be directed toward the object or area to be illuminated. Light shall be directed away from residences. Where a lot abuts a residential zoning district, additional screening measures may be required at the discretion of the Planning Board. 4.10. Lighting of the site shall be adequate at ground level for the protection and safety of the public in regard to pedestrian and vehicular circulation. The glare from the installation of outdoor lights and illuminated signs shall be contained on the property and shall be shielded from abutting properties. 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. 17717.7 Submission of a Special Permit Application and Plan ---- Formatted:Bullets and Numbering Procedures: 41. The applicant shall file eight (8) copies of the Planned Commercial Development---- Formatted:Bullets and Numbering 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. 22 2006 ANNUAL TOWN MEETING WARRANT 17.8 Parking Requirements The Planning Board, at its sole discretion, may waive up to 25% of the required Parking spaces if it determines that the permitted use may allow for less than the zoning mandated parking requirement. Further,the Planning Board may consider: 4.. The elimination of up to 25%of the required parking spaces to be constructed. - Formatted Bullets and Numbering 5 The elimination of up to 25% of the required parking spaces to be initially constructed,but require an adequate area for future spaces should they be required at a later date. 6 ,_____The elimination of up to 25% of the required parking spaces to be initially constructed,but require an adequate area for future spaces should they be required at a later date due to a change of use. 17.9 Change of Use Subsequent to Granting of Special Permit Special Permits granted under the Route 114 Corridor District 2 shall be subject to a new public hearing for a new Special Permit if,in the opinion of the North Andover Town Planner,a change of use occurs and the initial Special Permit was granted a parking variance under Section 17.8 herein. 17.10 Use of Existing Structure on Existing Lot Upon review, the Planning Board may waive some or all of the dimensional, density, and special permit requirements outlined herein if a proposed change of use from residential to any Route 114 Corridor District 2 permitted use, results in no substantial change to an existing structure and is located on the same dimensional lot that existed prior to creation of the Route 114 Corridor District 2. 17. 11 Dimension and Density Requirements -- Comment[rtiz]:Allow min disctmce between buildings to be min 10 feet. Route 1 or 14 Corrid Zone 2 Minimum lot size 2 acres/87120 s.f. Minimum frontage 250 feet An Maximum lot coverage including buildings,driveways and parking areas 70% d Maximum building coverage 40% con Maximum height not to exceed three(3)stories above ground 35 feet cur Minimum building and structures front setback 10 feet ren Minimum building and structures rear setback 25 feet tly, Minimum building and structures side 15 feet to Minimum building and structures side where lot abuts residential zoning district 20 feet see Minimum distance between buildings 10 feet if Minimum usable open space requirements 30% the Floor Area Ratio 0.75: 1 To wn 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: 23 2006 ANNUAL TOWN MEETING WARRANT ➢ Said parcels consisting of five(5)parcels fronting Turnpike Street shown on North Andover Assessors Map 98C,Parcels 27,28,61 and Map 98D,Parcels 31 and 37. The amendment of the Zoning Map for the aforementioned parcels shall be from the current zoning designation of Residential 3 (R3)to Route 114 Corridor District 2(RCD2). ➢ Said parcels consisting of four(4)parcels fronting Turnpike Street shown on North Andover Assessors Map 98C,Parcels 49 and 60 and Map 98D,Parcels 6 and 7. The amendment of the Zoning Map for the aforementioned parcels shall be from the current zoning designation of Business 1 (B1)to Route 114 Corridor District 2(RCD2). ➢ Said parcels consisting of two(2)parcels fronting Turnpike Street shown on North Andover Assessors Map 98D,Parcels 20 and 21.The amendment of the Zoning Map for the aforementioned parcels shall be from the current zoning designation of Industrial 1 (I1) to Route 114 Corridor District 2(RCD2). ➢ Said parcels consisting of four(4)parcels fronting Turnpike Street shown on North Andover Assessors Map 98D,Parcels 0,40,56 and 57. The amendment of the Zoning Map for the aforementioned parcels shall be from the current zoning designation of Village Commercial(VC)to Route 114 Corridor District 2(RCD2). Or to take any other action relative thereto. 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. Petition of the Planning Board Article AA. Amend North Andover Zoning Bvlaw—Watershed Protection District—Sections 4.136(3)(c)(ii) and (iii). To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Sections 4.136(3)(c)(ii)and 4.136(3)(c)(iii)to modify certain uses within the Non- Disturbance Zone of the North Andover Watershed Protection District by inserting language specifying the maximum allowable square footage for the construction of an accessory structure or expansion to the existing primary structure. Sections 4.136(3)(c)(ii)and 4.136(3)(c)(iii)now reads: Non-Disturbance Buffer Zone c. There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection District which shall consist of all land areas located between one hundred fifty(150)feet and two hundred fifty(250)feet horizontally from the annual mean high water mark of Lake Cochichewick,and between seventy five(75)feet and one hundred fifty(150)feet horizontally from the edge of all wetland resource areas(as defined in M.G.L. Chapter 131, Section 40,and the Town Wetland Bylaw)located within the Watershed. i. Allowed Uses_ All of the Allowed Uses listed in Section 3 (a)(i)of this Watershed Protection District Bylaw are allowed in the Non-Disturbance Zone except as noted. 24 2006 ANNUAL TOWN MEETING WARRANT 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 of the existing structure. 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. (4)(3 _Construction of any new permanent structure,or expansion of an existing .--- Formatted:Bullets and Numbering structure by twenty-five 25)percent or more of the gross floor area of the existing structure. Sections 4.136(3)(c)(ii)and 4.136(3)(c)(iii)as amended to read: North Andover Bylaw,Section 4.136 Watershed Protection District c. Non-Disturbance Buffer Zone There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection District which shall consist of all land areas located between one hundred fifty(150)feet and two hundred fifty(250)feet horizontally from the annual mean high water mark of Lake Cochichewick,and between seventy five(75)feet and one hundred fifty(150)feet horizontally from the edge of all wetland resource areas(as defined in M.G.L. Chapter 131, Section 40,and the Town Wetland Bylaw)located within the Watershed. i. Allowed Uses_ All of the Allowed Uses listed in Section 3 (a)(i)of this Watershed Protection District Bylaw are allowed in the Non-Disturbance Zone except as noted. ii. Uses allowed by 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. 25 2006 ANNUAL TOWN MEETING WARRANT (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 of structure if the existing structure_exceeds_2,500 square feet._ (7)Construction of any accessory_structure or expansion of any_existing_structure by less than Fifty�50)�ercent of the gross floor area of the existing primary structure is less than 2,500 square feet and the primary structure will be connected to municipal seAver_upon completion of the project. 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 bv*w° e(25)per °^*or more of he Rrosszfloor area of t—he except as allowed by Special permit perecti3.ii a Or to take any other action relative thereto. Petition of the Planning Board Article BB. Amend North Andover Zoning Bvlaw–Section 4.122(14)(B)(b). To see if the Town will vote to amend the Town of North Andover Bylaw, Section 4.122(14)(B)(b) to clarify the ambiguity in the language of the zoning bylaw 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.D of this Bylaw. B. Conversions - The conversion of an existing one-family to a two-family dwelling, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.D of this Bylaw, provided that conversion from a one-family to a two-family dwelling meets the following additional requirements: a. If a conversion involves increasing the size of an existing structure,the expansion area shall not exceed 50% of the original building's gross floor area up to a maximum of 1500 s.f. The size of the second dwelling unit can never exceed 1500 s.f. b. If a conversion involves razing an existing structure, the gross floor area of the new residential structure shall not exceed 150% of the gross floor area of the original 26 2006 ANNUAL TOWN MEETING WARRANT 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. This condition shall apply to existing lots and to If an existing lot is subdivided to form two or more new lots and the existing structure lies within more than one of the new lots, and if the existing structure is to be razed in connection with the conversion, then new buildings on any lot formerly covered by the existing structure must comply with all the provisions of 4.122.1413 of the Bylaw. Newly created lots not formerly covered by 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 Article CC. Amend North Andover Zoning Bvlaw — Section 10.31(1) — Conditions for Approval of Special Permit. To see if the Town will vote to amend Section 10.31(1)to modify existing and to incorporate additional conditions for approval of a special permit by making the following changes. Amending Sections Section 10.31(1)by adding the underlined language to read as follows: 10.31 Conditions for Approval of Special Permit 1. The Special Permit Granting Authority shall not approve any such application for a Special permit unless it finds that in its judgment all the following conditions are met: a. The specific site is an appropriate location for such a use,structure or condition, b. Social,_economic,or community needs wh ch_are_served by the proposal, c. The use as developed will not adversely affect the neighborhood character and 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 Article CC1 (NEW) Article CC1 —Amend Zoning Bylaw - Section 2 Definitions. To see if the Town will vote to amend Section 2, Definitions of the Zoning Bylaw of the Town of North Andover by adding Section 2.30.A Drive-Through Facility and Section 2.62.1 Quick Service Restaurant. Amending Section 2-by adding the language to read as follows: 2.30.A Drive-through facility 27 2006 ANNUAL TOWN MEETING WARRANT A facility that allows for transactions of goods and services without leaving a motor vehicle. 2.62.1 Quick Service Restaurant(QSR) A food service business that offers immediate and minimal service of semi-prepared or prepared foods for take-out or in-house consumption in disposable containers and serving walk-in and/or drive through customers. This type of food service business is characterized by speed of service that defines and limits its menu, large carryout clientele,long hours of service,and high-turnover rates for eat-in customers. Or to take any other action relative thereto. Petition of the Planning Board Article DD. Amend Zoning Bylaw-Section 6—Signs and Outdoor Lighting Regulations. — To Be Deleted Article EE. Amend General Bylaws — Chapter 178, Section 9 - Wetlands Protection — Rules and Regulations. To see if the Town will vote to amend Chapter 178 Section 9 Rules and Regulations, of the North Andover Wetlands Protection Bylaw to insert the words "procedures governing small projects," between the words in "...in wetland resource areas," and "and such other information..."so that Chapter 178 Section 9 Rules and Regulations,would read as follows: Chapter 178 Section 9: 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, procedures governing small projects, 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 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 By-law;or to take any other action relative thereto. Petition of the Board of Selectmen Article FF. Amend General Bylaws — Chapter 170 - Underground Utilities — Section 3 — Subsection C—"Downtown Area"—Add School Street. To see if the Town will vote to amend the General Bylaws,Chapter 170—Underground Utilities 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. 28 2006 ANNUAL TOWN MEETING WARRANT Petition of the Board of Selectmen 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 and any easements related thereto and shown on the following plans: 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, 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 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 29 2006 ANNUAL TOWN MEETING WARRANT ARTICLE IL Fund Collective Bargaining Agreement between the Town of North Andover and the Police Lieutenants' Collective Bargaining Unit. To see if the Town will vote to raise and appropriate, or appropriate from any available funds, a sum of money for the purpose of funding the arbitration award in Case No. JLMC-05-55PS for police lieutenants in the International Brotherhood of Police Officers (IBPO), Local 454 for the period of July 1, 2004 through June 30,2007;or take any other action relative thereto. Petition of the Board of Selectmen ARTICLE JJ. Fund Collective Bargaining Agreement between the Town of North Andover and the Sergeants and Patrol Officers' Bargaining Unit or Units. To see if the Town will vote to raise and appropriate, or appropriate from available funds, a sum of money for the purpose of funding a collective bargaining agreement or agreements between the Town of North Andover and the duly certified collective bargaining representative or representatives,or any successor collective bargaining organizations,representing police officers and/or sergeants, 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 Article KK: To see if the Town will vote to accept the provisions of Massachusetts General Laws Chapter 44 Section 55C, to delete Chapter 28- Housing Trust Fund - from the North Andover General Bylaws, and replace it with the following Chapter 28 - Town of North Andover Affordable Housing Trust Fund;or to take any other action relative thereto. Chapter 28 North Andover Affordable Housing Trust Fund § 28-1. Name of the Trust The trust shall be called the"Town of North Andover Affordable Housing Trust Fund". § 28-2. Purpose The purpose of the Trust shall be to provide for the preservation and creation of affordable housing in the Town of North Andover for the benefit of low and moderate-income households. In furtherance of this purpose,the Trustees are hereby authorized,in accordance with the procedures set forth herein, to acquire by gift, purchase or otherwise real estate and personal property, both tangible and intangible,of every sort and description;to use such property,both real and personal, in such manner as the Trustees shall deem most appropriate to carry out such purpose, provided however,that all property held by the Trust and the net earnings thereof shall be used exclusively for the preservation and creation in the Town of North Andover of affordable housing for the purposes for which this Trust was formed. § 28-3. 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 30 2006 ANNUAL TOWN MEETING WARRANT 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. § 28-4. 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,Massachusetts General Laws Chapter 39, Sections 23A, 23B and 23C. A quorum at any meeting shall be a majority of the Trustees qualified and present in person. § 28-5. 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 Massachusetts General Laws Chapter 44, Section 55C: A. With the approval of the Board of Selectmen, to accept and receive property, whether real or personal,by gift,grant,devise, or transfer from any person, firm,corporation or other public or private entity, including without limitation, grants of funds or other property tendered to the trust in connection with provisions of any zoning by-law or any other by-law, B. 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, C. 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, D. 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 31 2006 ANNUAL TOWN MEETING WARRANT and enter into such undertakings relative to trust personal property notwithstanding the length of any such lease or contract, E. 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, F. To employ advisors and agents, such as accountants, appraisers and lawyers as the trustees deem necessary, G. 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, H. 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, L 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, J. With the approval of the Board of Selectmen, to deposit any security with any protective reorganization committee, and to delegate to such committee such powers and authority with relation thereto as the trustees may deem proper and to pay, out of trust property, such portion of expenses and compensation of such committee as the board, with the approval of the Board of Selectmen, may deem necessary and appropriate, K. To carry property for accounting purposes other than acquisition date values, L. 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, M. 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; N. To make distributions or divisions of principal in kind, O. 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 32 2006 ANNUAL TOWN MEETING WARRANT 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, P. 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, Q. To hold all or part of the trust property uninvested for such purposes and for such time as the trustees may deem appropriate,and R. To extend the time for payment of any obligation to the trust. § 28-6. 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. § 28-7. 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 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. § 28-8. 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 Massachusetts General Laws Chapter 268A. § 28-9. Taxes The Trust is exempt from Massachusetts General Laws 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. § 28-10. Custodian of Funds 33 2006 ANNUAL TOWN MEETING WARRANT 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. § 28-11. Governmental Body The Trust is a governmental body for purposes of Sections 23A, 23B and 23C of Massachusetts General Laws Chapter 39. § 28-12. Board of the Town The Trust is a board of the Town for purposes of Massachusetts General Laws Chapter 30B and Section 15A of Massachusetts General Laws 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. § 28-13. 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. § 28-14. Recordings 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. § 28-15. 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. Or take any other action relative thereto. Petition of the Housing Partnership Committee 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: 34 2006 ANNUAL TOWN MEETING WARRANT "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. Tripp,III 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 "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) Amend General Bylaws — Chapter 59 — Town Meetings 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 Chapter 59 — Town Meetings of the Town of North Andover by inserting a new section — Section 7 ""Approval Requirements for Labor Contract to be approved(by Appropriation of Funds)at Town Meeting" Town Meeting Requirements and Procedures for initial Funding and Approval of Collective Bargaining Agreements. Section 1: 35 2006 ANNUAL TOWN MEETING WARRANT 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. 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 143. To see if the Town will vote to adopt By Law entitled"Public Notice",Chapter 143 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 36 2006 ANNUAL TOWN MEETING WARRANT 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 144 - 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 144 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 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 37 2006 ANNUAL TOWN MEETING WARRANT 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. Or to take any other action relative thereto. Petition of Robert Ercolini and others 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. 13 80 1;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. 38 2006 ANNUAL TOWN MEETING WARRANT 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. 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 39 2006 ANNUAL TOWN MEETING WARRANT 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 27t`Day of March in the Year Two-thousand six. 40 2006 ANNUAL TOWN MEETING WARRANT 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 NORTH ANDOVER,MASSACHUSETTS Joyce A. Bradshaw,Town Clerk Attest: A True Copy: CONSTABLE'S RETURN OF SERVICE Pursuant to the foregoing warrant,I have warned and notified the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to be at the time and place for the purpose mentioned within by posting true and attested copies thereof at the town office building and one public place in each voting precinct in the Town at least seven days before the date of said meeting. CONSTABLE DATE 41 2006 ANNUAL TOWN MEETING WARRANT