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Home My WebLink About2006 ANNUAL TOWN MEETING-DRAFT-CLOSE OF WARRANT-MARCH 13, 2006-JAB O�NORT a qti SSACHUSE Town of North Andover Annual Town Meeting Warrant May 8, 2006 COMMONWEALTH OF MASSACHUSETTS ESSEX,SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet at the North Andover High School, 430 Osgood Street on Monday May 8, 2006, at 7:00 PM then and there to act upon the following articles: Article A. Reports of Special Committees. To see if the Town will vote to hear the reports of any appointed special committees;or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Article B. Consent Articles. To see if the Town will vote the following consent articles. A. Reports of Receipts and Expenditures. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2005 Annual Town Report. 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 1 B. Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years. In accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b),to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts for terms exceeding three years, including any renewal, extension or option, provided in each instance the longer term is determined to be in the best interest of the Town by vote of the Board of Selectmen or the School Committee, as appropriate. C. Authorization to Accept Grants of Easements. To authorize the Board of Selectmen and the School Committee to accept grants of easements for water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the town. D. Authorization to Grant Easements. To authorize the Board of Selectmen and the School Committee to grant easements for water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Article C. Compensation of Elected Officials. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the Massachusetts General Laws as follows: Board of Selectmen/Licensing Commissioners,per person,per annum $2,000 Chairman of Board of Selectmen,per annum,in addition 300 School Committee,per person,per annum 2,000 Chairman, School Committee,per annum,in addition 300 Moderator, For Annual Town Meeting 100 For each Special Town Meeting 50 or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 2 Article D. Amend General Fund Appropriation For Fiscal Year 2006. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2006 as voted under Article 8 of the 2005 Annual Town Meeting; or to take any other action relative thereto. Recommendations: Board of Selectmen: Finance Committee: Petition of the Board of Selectmen Article E. Amend Sewer Enterprise Fund Appropriation For Fiscal Year 2006. To see if the Town will vote to amend the Sewer Enterprise Fund Appropriation for Fiscal Year 2006 as voted under Article 12 of the 2005 Annual Town Meeting; or to take any other action relative thereto. Recommendations: Board of Selectmen: Finance Committee: Petition of the Board of Selectmen Article F. Amend Water Enterprise Fund Appropriation For Fiscal Year 2006. To see if the Town will vote to amend the Water Enterprise Fund Appropriation for Fiscal Year 2006 as voted under Article 11 of the 2005 Annual Town Meeting; or to take any other action relative thereto. Recommendations: Board of Selectmen: Finance Committee: Petition of the Board of Selectmen Article G. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation For Fiscal Year 2006. To see if the Town will vote to amend the Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2006 as voted under Article 13 of the 2005 Annual Town Meeting;or to take any other action relative thereto. Recommendations: Board of Selectmen: 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 3 Finance Committee: Petition of the Board of Selectmen Article H. Amend the Capital Improvement Plan Appropriation for Fiscal Year 2006.To see if the Town will vote to amend the Capital Improvement Plan Appropriation for Fiscal Year 2006 as voted under Article 10 of the 2005 Annual Town Meeting; or to take any other action relative thereto. Recommendations: Board of Selectmen: Finance Committee: Petition of the Board of Selectmen Article L Transfer of Unexpended Funds from Special Revenue and Capital Funds. To see if the Town will vote to transfer unexpended balances from Special Revenue and Capital Funds;or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Article J. Prior Years Unpaid Bills. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of paying unpaid bills of prior years of the Town; or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: 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. 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 4 Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Article L. Stabilization Fund(s). To see if the Town will vote to establish any new Stabilization Fund(s), or vote appropriations into or out of any existing Stabilization Fund(s)-,or to take any other action relative thereto. Petition of Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Article M. Sewer Enterprise Fund Appropriation-Fiscal Year 2007. To see if the Town will vote to appropriate from Sewer Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Sewer Enterprise Fund for the Fiscal Year beginning July 1, 2006 and ending June 30,2007;or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Article N. Water Enterprise Fund Appropriation-Fiscal Year 2007. To see if the Town will vote to appropriate from Water Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Water Enterprise Fund for the Fiscal Year beginning July 1,2006 and ending June 30, 2007;or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Article O. Stevens Estate at Osgood Hill Enterprise Fund Appropriation-Fiscal Year 2007. To see if the Town will vote to appropriate from Stevens Estate at Osgood Hill Enterprise Fund Revenues,transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Stevens Estate at Osgood Hill Enterprise 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 5 Fund for the Fiscal Year beginning July 1, 2006 and ending June 30,2007;or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Article P. Capital Improvement Plan Appropriation Fiscal Year 2007. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary to fund the Town Capital Improvement Program; or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Planning Board: Article Q. Funding for Water Storage Tanks. To see if the town will vote to appropriate$5,350,000 for the construction of water tanks;to be determined whether this appropriation shall be raised by a transfer from unexpended bond proceeds, by an appropriation from the tax levy, by borrowing from the Massachusetts Water Pollution Abatement Trust or otherwise;or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Planning Board: Article R. Establishment of Revolving Funds. To see if the town will vote to authorize the following revolving funds for certain Town departments under Massachusetts General Laws, Chapter 44, Section 53E '/2 for the Fiscal Year beginning July 1,2006;or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen: 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 6 Finance Committee: Article S. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. To receive the report of the Community Preservation Committee and to see if the Town will vote to raise, borrow and/or appropriate from the Community Preservation Fund,in accordance with the provisions of Massachusetts General Laws Chapter 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 Recommendations: Board of Selectmen: Finance Committee: Article T. Unified Fee Bylaw. T1. Amend General Bylaws of the Town of North Andover— Chapter 158-5 — Registration Fee. To see if the Town will vote to delete Chapter 158-5—Registration Fee—and insert the following new section in its place; or to take any other action relative thereto. Chapter 158-5. Registration Fee: Each applicant for registration or re-registration shall pay a non-refundable fee to the Town at the time of application. The registration fee shall be established by the Board of Selectmen. A registration fee must be paid for each person who will be engaged in soliciting or canvassing or the supervision of canvassing or soliciting. The fee may be waived at the discretion of the Chief of Police for a non-profit organization with proof of non-profit status. Until a new fee is established by the Board of Selectmen,the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Article T2. Amend General Bylaws of the Town of North Andover—Chapter 127-1 —License Required;Fee;Duration. To see if the Town will vote to delete 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 7 Chapter 127-1 —License Required; Fee;Duration— and insert the following new section in its place;or to take any other action relative thereto. Chapter 127-1. License Required;Fee;Duration: No person shall keep a shop for purchase, sale or barter of junk, old metal or secondhand articles, or shall go from house to house collecting or procuring by purchase or barter any such articles, without a written license from the Board of Selectmen. The Board of Selectmen shall set the fee for such license. Each license shall continue in force until the first day of May ensuing unless sooner revoked by the Selectmen. Until a new fee is established by the Board of Selectmen,the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Article T3. Amend General Bylaws of the Town of North Andover—Chapter 88- 5—License Fees. To see if the Town will vote to delete Chapter 88-5—License Fees — and insert the following new section in its place; or to take any other action relative thereto. Chapter 88-5. License Fees: All dogs six(6)months old or older must be licensed and tagged. The Board of Selectmen shall set the dog license fees as provided for in Massachusetts General Laws c. 140,sec. 139. Until a new fee is established by the Board of Selectmen,the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 8 Article T4. Amend General Bylaws of the Town of North Andover—Chapter 88-2 —Impoundment;Redemption Fee. To see if the Town will vote to delete Paragraph B from Chapter 88-2 — Impoundment; Redemption Fee — and insert the following new section in its place;or to take any other action relative thereto. B. An impounded dog shall be released to its owner or keeper upon payment of an administrative fee and the pound fees,which fees shall be established by the Board of Selectmen, and,if necessary,upon its being properly licensed. Until a new fee is established by the Board of Selectmen,the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Article T5. Amend General Bylaws of the Town of North Andover — Chapter 101—Fees—Revise Chapter 101-1. To see if the Town will vote to amend Chapter 101 of the General By-Laws for the Town of North Andover by deleting Chapter 101-1 —Fees Enumerated, and adding the following new Chapter 101-1 —Establishment of Fees,or to take any other action relative thereto. Chapter 101-1. Establishment of Fees: The following fees shall be established by the Board of Selectmen: A. Fees for automatic amusement device licenses pursuant to Massachusetts General Laws c. 140,sec. 177a. B. Fees for sealing of weights and measures services pursuant to Massachusetts General Laws c. 98,sec. 56. Until a new fee is established by the Board of Selectmen,the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 9 Article T6. Amend General Bylaws of the Town of North Andover—Chapter 77-1 —Building Permit Fees;Exclusive of Mechanical and Utility Fees. To see if the Town will vote to amend Chapter 77-1 of the General Bylaws for the Town of North Andover by deleting Chapter 77-1 Building Permit Fees, Exclusive of Mechanical and Utility Fees, and adding the following new Chapter 77-1; or to take any other action relative thereto. Chapter 77-1. Building Permit Fees,Exclusive of Mechanical and Utility Fees: The following costs and fees shall be established by the Board of Selectmen: A. A per square foot cost factor which shall be used to estimate the cost of new construction. B. Fees for new construction at a rate per thousand dollars of estimated cost of construction or actual contract price,whichever is greater. C. Fees for additions, alterations and remodeling at a rate per thousand dollars based upon the estimated cost of construction. Estimated construction cost of additions, alterations and remodeling shall be the actual contract price. There shall be a minimum fee per permit to be established by the Board of Selectmen. D. Copies of the actual contract price shall be submitted with the Building Permit Application. E. Building permit fees shall be required for municipally owned buildings and structures. Building permit fees for buildings and structures wholly owned by the Town of North Andover may be waived, in whole or in part, only by the Board of Selectmen based on the Board's determination of the benefits accruing to the Town from such a waiver. In all cases,fees will be required for mechanical and utility permits. The Building Inspector shall periodically make a recommendation to the Town Manager relative to the adequacy of the fees, fines and assessments and the schedule relative thereto, as cited above, which may be adjusted by the Board of Selectmen as required. Until a new fee is established by the Board of Selectmen,the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Article T7.Amend General Bylaws of the Town of North Andover—Chapter 69-7.1 —Connection Fees. To see if the Town will vote to delete Chapter 69-7.1 —Connection Fees — and insert the following new section in its place; or to take any other action relative thereto. 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 10 Chapter 69-7.1. Connection Fees: Each alarm user shall on or before October I" of each year remit to the Fire Department a service fee for the coming year for Master Fire Alarm Boxes and Digital Alarms. The fees shall be established by the Board of Selectmen. Locations that have multiple master boxes as required by the Fire Department shall be charged a fee for the initial fire alarm box only. Fire alarm system devices owned by the Town of North Andover shall be exempt from the provisions of Sections 69-7 and 69-7.1. Until a new fee is established by the Board of Selectmen,the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Article T8. Amend General Bylaws of the Town of North Andover—Enforcement of Littering Bylaw. To see if the Town will vote to add the following new paragraph to Chapter 130-2—Violation and Penalties,or to take any other action relative thereto. The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his designee. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Article T9. Amend General Bylaws of the Town of North Andover—Enforcement of Burglar Alarm Bylaw. To see if the Town will vote to add the following new paragraph to Chapter 69-14—Violations;or to take any other action relative thereto. C. The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his designee. Petition of the Board of Selectmen Recommendations: 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 11 Board of Selectmen: Finance Committee: Article T10. Amend General Bylaws of the Town of North Andover—Enforcement of Fire Alarm Bylaw. To see if the Town will vote to add the following new paragraph at the end of Chapter 69-7.2—Violations,or to take any other action relative thereto. L The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his designee,or the Fire Chief or his designee. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Article TH. Amend General Bylaws of the Town of North Andover — Leaf Regulations—Penalties. To see if the Town will vote to add the following new paragraph to Chapter 161-5 — Leaf Regulations —Penalties, or to take any other action relative thereto. The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his designee. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Article T12. Amend General Bylaws of the Town of North Andover—Enforcement of Solicitation Bylaw. To see if the Town will vote to add the following new sentence at the end of Chapter 158-12 — Penalty, or to take any other action relative thereto. The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his designee. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 12 Article U. Mosquito Control Program. To see if the Town will vote to rejoin the Northeast Mosquito Control District to address mosquito control in the Town and appropriate $86,124, or a sum in accordance with the annual calculation set forth by the Massachusetts Department of Revenue, so that surveillance may begin in the spring of 2006;or to take any other action relative thereto. Petition of the Board of Health Recommendations: Board of Selectmen: Finance Committee: Planning Board: Article V. Intermunicipal Joint Purchasing Agreement — Community Software Consortium. To see if the Town of North Andover will vote to authorize the municipality to enter into an intermunicipal joint purchasing agreement pursuant to Massachusetts General Laws Chapter 40 Section 4A for the provision of technology solutions and related consulting and support services with the Community Software Consortium, preserving the rights and privileges established in prior agreement(s). The duration of this agreement, in accordance to statute, shall be for no more than 25 years, with the ability of the community to withdraw from this agreement at any time. The annual obligation of the municipality under this agreement will be paid from the participating departments' expense appropriations. The annual obligation is determined by membership vote pursuant to the consortium's bylaws; or to take any other action relative thereto. Board of Assessors Recommendations: Board of Selectmen: Finance Committee: Article W. Continue Provisions of Massachusetts General Law, Chapter 59 Section 5K. To see if the Town will vote to continue the provisions of Massachusetts General Law, Chapter 59 Section 5K which establishes a program to allow persons over the age of 60 to volunteer 100 hours per year to provide services to the Town to reduce their real estate property tax;or to take any other action relative thereto. (A recent amendment to the local acceptance status increased the maximum abatement a senior may earn each fiscal year under these programs to $750. The previous limit was $500.00 per year.) Board of Selectmen 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 13 Recommendations: Board of Selectmen: Finance Committee: Article X. Petition the General Court-Amend Chapter 7 Section 8-1 Board of Health of the Charter for the Town of North Andover. To see if the Town will vote to authorize the Board of Selectmen to Petition the Legislature to Amend Chapter 7 Section 8.1 of the Charter for the Town of North Andover by deleting in the first sentence "three members" and replacing with "five members", or take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Article: Y. Warrant Article: Section 16 Route 114 Corridor District 1 (RCD1). To see if the Town will vote to amend the North Andover Zoning Bylaw by adding a new section, Section 16, Route 114 Corridor District 1 to establish a new zoning district within the Town of North Andover as follows: 16 Route 114 Corridor District 1 (RCD1) 160116.1 Objectives: -- Formatted:Bullets and Numbering The Route 114 Corridor District 1 is intended: 1. To control and-the design of commercial and residential development along the Route 114 Corridor in such a manner that encourages sound site planning, appropriate land use, the preservation of aesthetic and visual character, and promotes economic development and diversity in the community tax base for the Town; 2. To foster a greater opportunity for creative development by providing control and design guidelines which encourage a mix of uses compatible with existing and neighboring residential properties-' 3. To accommodate a compatible mixture of uses that complement commercial and residential uses typically associated with transportation corridors and large traffic flows. 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 14 5-4To serve as a transition area between commercial development along Route----- Formatted:Bullets and Numbering 114 and the neighboring residential properties by ensuring that the appearance and effects of buildings and uses are harmonious with the character of the area; 5. To allow considerable flexibility under a special permit in the development of tracts of land as recommended in the Town of North Andover Master Plan in accordance the goals and objectives in the Master Plan; 6. To allow a developer to propose a site development use and plan unique to a particular location. -164416.1.1 Permitted Uses Formatted:Bullets and Numbering In the Route 114 Corridor District 1,n nand shhl l ) us no building or ,_- comment[rut:this prohibits open space structure shall be reconstructed,, ^t°a,erected,altered or used for any other purpose than and shall not exceed 3,000 Boss square feet of building area: 1. Retail uses excluding auto sales and repair; up to 2,500 feet „f building provided there is no outdoor sales or storage of materials and products. —2. Restaurants where the business primarily serves food to be consumed within the building excluding fast food establishments and drive-through facilities. ^ f^°t f„^a °°*^hl'^hm°^*is,7°f;.,°a ,,-.,;rProRPh"SiIARIN th t Rffer8 ''e-da ;trPCt.,ote S�,-.,;roro�oof sew disposable, eent-Ainews;an sei:yn ^ly ; and-.1,- dr-ive 94Fo,,g tamer-s ��6" b- n a tl„-,,,,g fae l;ty is a°f; °a foe l;t y that ^11ew 6F----- Formatted:Bullets and Numbering tFa,laa6tiORS Of g „aa a,ia a ;th,,,,t 1°a.; „t,,,-.°hi6l° 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-se-fit of the total f'^^r^^^^° ogr ss square 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 15 feet for a two (2) story building and seventy-five percent (75%) of the gross square feet for a three(3)story in4he-building. 16.3 Uses Subject to a Special Permit The following uses may be allowed in the Route 114 Corridor District 1 by granting of a Special Permit pursuant to Section 8.3 and 10.3 of the Bylaw: 1. A structure or building greater than '' 003 000 gross square feet may be allowed without-by-the granting of a special permit from the Planning Board and subject to the following conditions: a. Submission of a traffic impact and mitigation plan by a professional traffic engineer/consultant. b. For those parcels abutting residential zoned properties, sufficient evidence must be provided to demonstrate that no reasonable alternatives to the site layout,site design,and parking configuration exist. c. A determination by the Planning Board that the proposed development will not create adverse traffic and safety impacts on Route 114 and neighborhood streets and uses are harmonious with the character of the area. 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, control,how about 3o-5o%ofl'"floor area? 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. 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 16 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; 8. Driveway consolidation should be undertaken so as to reduce traffic conflicts on feeder or collector streets: a. Provision for Interior roadways and common curb cuts i. To allow for the least disruption in flow of north/south traffic on Routes 114, and the opportunity for orderly growth within the zoning 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 17 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 o�—which mould be 4evio-44-or which could be developed as future site development aetFuty-oe_urs to a common access point. ii. The Planning Board may approve provisions for interior roadways utilizing joint access and/or egress, recognizing that the final design and permitting of access to Routes 114 is to be accomplished only through the access permit process of the Massachusetts Highway Department. The Planning Board shall have the authority to authorize the following density bonuses for abutting owners who develop interior roadways or feeder streets utilizing a common drive and curb cuts thereby eliminating per parcel access/egress point on the highway: 2-.1. an additional five (5%) percent in the amount of lots---- Formatted:Bullets and Numbering coverage allowed by the requirements of the bylaw for an existing or proposed use;and, 3-2. an increase of one dwelling unit per acre for an existing or proposed residential use. Applicants should notify the Massachusetts Highway Department as soon as possible of their intent to utilize the provisions of this bylaw in order to facilitate an orderly and cooperative permitting process between the Planning Board and the state highway department. 9. The design should preserve and enhance natural features such as topography, waterways,vegetation, and drainage ways; 10. The design should minimize impervious surfaces and incorporate other design features to minimize storm water runoff; and 11.Mixed Use Developments should maximize pedestrian transit-oriented development. Specifically they should use "traffic-calming" techniques liberally; provide networks for pedestrians as good as the networks for motorists; provide pedestrians and bicycles with shortcuts al alternatives to travel along high-volume streets, and emphasize safe and direct pedestrian connections to transit stops and other commercial and/or employment nodes; provide long-term, covered, bicycle parking areas; provide well-lit, transit shelters; incorporate transit-oriented design features; and establish Travel Demand Management programs at employment centers. 16.5 Screening and Landscaping Requirements 1. Front Yard: The_T4ie-ten (10)feet nearest the street or front lot line must be landscaped and such landscaping shall not affect vehicular sight distance. 2. Side Yards: The five (5)feet nearest the side lot line must be landscaped. A waiver to the landscape requirements may be granted if one access driveway services the lot. 3. Rear Yards: The ten(10)feet nearest the rear lot lines must be landscaped. 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 18 4. Side and Rear Yards: Where a lot abuts a residential zoning district, the fifteen (15) feet nearest the side and rear lot lines must be landscaped. In addition, within ten (10)feet of the side and rear lot line, a buffer of at least eight(8)foot high trees or shrubs must be planted and maintained in a healthy condition by the owner of the property in perpetuity. A six(6)foot stockade fence must be erected along the side and rear property lines to physically separate the residential zone from the Route 114 Corridor District 1 areas. The Planning Board may specify the type and species of natural buffering required. 5. Building Foundation: A minimum three (3)foot wide landscaping strip must be mstalled along the entire length of each building foundation wall,except at ,- Comment[R3]:Is it intended for an four side? If -- - -- - - -- - - - ----- - ---- ------- points of entry/exit,lawfully required fire access points,loading/receiving bay not,say so. areas, and any other structural amenities necessary and ordinary to the use of the building. 5-1. The Planning Board shall have final discretion in determining if sufficient----- Formatted:Bullets and Numbering landscape screening and buffering of varying depth and height has been provided. 2. All required screening, as described in items 1 through 6 above, shall be maintained in good condition at all times. 16.6 Lighting and Signs 1. All outdoor lighting shall be designed so as not to adversely impact surrounding uses and residential properties, while also providing a sufficient level of illumination for access and security purposes. Such lighting shall not blink,flash,oscillate or be of unusually high intensity of brightness. 2. Parking areas shall be illuminated to provide appropriate visibility and security during hours of darkness. 3. Any outdoor lighting fixture newly installed or replaced shall be shielded so that it does not produce a strong, direct light beyond the property boundaries, and shall be directed toward the object or area to be illuminated. Light shall be directed away from residences. Where a lot abuts a residential zoning district, additional screening measures may be required at the discretion of the Planning Board. 4. Lighting of the site shall be adequate at ground level for the protection and safety of the public in regard to pedestrian and vehicular circulation. The glare from the installation of outdoor lights and illuminated signs shall be contained on the property and shall be shielded from abutting properties. 6-5. Landscape screening shall consist of planting, including evergreens, the----- Formatted:Bullets and Numbering plantings to be of such height, depth as needed to sufficiently screen from view abutting residential areas any unshielded light source, either inside or outside. All signs shall conform to Section 6.6(D) Business and Industrial Districts. 16.7 Submission of a Special Permit Application and Plan Procedures: 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 19 I. The applicant shall file eight (8) copies of the Planned Commercial Development District Plan, supporting materials, filing and outside engineering review escrow fees, and three(3) copies of the form titled"Route 114 Corridor District Special Permit Application" to the Planning Board. The Town Planner shall certify that the plans and materials submitted have been time stamped by the Town Clerk's Office and meet the submittal requirements. 2. The Planning Board, within sixty-five (65) days from receipt of the plan by the Town Clerk, shall determine whether the proposed project is generally consistent with criteria of the paragraph 16.1 of this Section. The Planning Board will review the plans during a public hearing process and will receive comments from the public,other Town Departments, and the applicant. 3. The applicant must follow the procedures for obtaining a Special Permit as set forth in Section 10.3 of the Zoning Bylaw. 4. If applicable, the applicant must follow the procedures for Site Plan Review under Section 8.3, Site Plan Review. 16.8 Parking Requirements The Planning Board, at its sole discretion, may waive up to 25% of the required Parking spaces if it determines that the permitted use may allow for less than the zoning mandated parking requirement.Further,the Planning Board may consider: 1. The elimination of up to 25%of the required parking spaces to be constructed. 2. The elimination of up to 25% of the required parking spaces to be initially constructed, but require an adequate area for future spaces should they be required at a later date. 3. The elimination of up to 25% of the required parking spaces to be initially constructed, but require an adequate area for future spaces should they be required at a later date due to a change of use. 16.9 Change of Use Subsequent to Granting of Special Permit Special Permits granted under the Route 114 Corridor District 1 shall be subject to a new public hearing for a new Special Permit if,in the opinion of the North Andover Town Planner,a change of use occurs and the initial Special Permit was granted a parking variance under Section 16.8 herein. 16.10 Use of Existing Structure on Existing Lot Upon review, the Planning Board may waive some or all of the dimensional, density, and special permit requirements outlined herein if a proposed change of use from residential to any Route 114 Corridor District 1 permitted use,results 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 20 in no substantial change to an existing structure and is located on the same dimensional lot that existed prior to creation of the Route 114 Corridor District 1. Route 114 Corridor Zone 1 Minimum lot size 1 acre/43560 s.f Minimum frontage 150 feet Maximum lot coverage including buildings,driveways and parking areas 70% Maximum building coverage 50% Maximum height,not to exceed three(3)stories above ground 35 feet Minimum building and structures front setback 15 feet Minimum building and structures rear setback 20 feet Minimum building and structures side 15 feet Minimum building and structures side where lot abuts residential zoning district 20 feet Minimum distance between buildings 10 feet Minimum usable open space requirements 30% Floor Area Ratio 0.75: 1 ,, comment[R41:Allow min disctance between 16.11 Dimension and Density Requirements - ---------- buildings to be min 10 feet. And concurrently, to see if the Town will vote to amend the Zoning Map of the Town of North Andover for the following parcels fronting along Route 114 (also known as Salem Turnpike) from their current zoning designation to the Route 114 Corridor District 1 (RCD1)as follows: Said parcels consisting of twelve(12)parcels with land fronting Turnpike Street: ➢ Said parcels consisting of six(6)parcels fronting Turnpike Street shown on North Andover Assessors Map 25, Parcels 5, 6, 7, 8, 20, 43. The amendment of the Zoning Map for the aforementioned parcels shall be from the current zoning designation of Residential 6 to Route 114 Corridor District 1 (RCD1). ➢ Said parcels consisting of two (2) parcels fronting Turnpike Street shown on North Andover Assessors Map 25, Parcels 44 and 50. The amendment of the Zoning Map for the aforementioned parcels shall be from the current zoning designation of Village Commercial (VC) to Route 114 Corridor District 1 (RCD 1). ➢ Said parcels consisting of four (4) parcels fronting Turnpike Street shown on North Andover Assessors Map 25,Parcels 4 and 53,Map 98D,Parcels 46 and 47. The amendment of the Zoning Map for the aforementioned parcel shall be from the current zoning designation of General Business (GB) to Route 114 Corridor District 1 (RCD 1). or to take other action relative thereto. Said parcels are shown on the attached Figure 1 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 21 Petition of the Planning Board Explanation: The Planning Board's amendment will create a district that will enable property owners to obtain a special permit so as to allow certain uses that will both promote economic development as well as retain the character of the Town. Article Z: Amend Zoning Bylaw—Add New Section-Section 17 Route 114 Corridor District 2(RCD2).To see if the Town will vote to amend the North Andover Zoning Bylaw by adding a new section,Section 17,Route 114 Corridor District 2 to establish a new zoning district within the Town of North Andover as follows: 17 ROUTE 114 CORRIDOR DISTRICT 2(RCD2) 460116.2 Objectives Formatted:Bullets and Numbering The Route 114 Corridor District 2 is intended: 4-7.To control and-the design of commercial and residential development along---- Formatted:Bullets and Numbering the Route 114 Corridor in such a manner that encourages sound site planning, appropriate land use, the preservation of aesthetic and visual character, and promotes economic development and diversity in the community tax base for the Town-, -2-8.To foster a greater opportunity for creative development by providing control and design guidelines which encourage a mix of uses compatible with existing and neighboring residential properties-' 3-9.To accommodate a compatible mixture of uses that complement commercial and residential uses typically associated with transportation corridors and large traffic flows. 4-10. To serve as a transition area between commercial development along Route 114 and the neighboring residential properties by ensuring that the appearance and effects of buildings and uses are harmonious with the character of the area-, 5-11. To allow considerable flexibility under a special permit in the development of tracts of land as recommended in the Town of North Andover Master Plan in accordance the goals and objectives in the Master Plan; 12. To allow a developer to propose a site development use and plan unique to a particular location. 17.2 Permitted Uses In the Route 114 Corridor District 2, '�� r hzrh be amt-no building or _-- Comment[rts]:this prohibits open space structure shall be reconstructed, erected, altered or used for any other purpose than and shall not exceed 3,000 goss square feet of building area: 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 22 I. Retail uses building 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 fast food establishments and drive-through facilities. 3. Personal service establishments. 4. Indoor recreation,fitness,and health care facility. 5. Indoor place of amusement or assembly. 6. Public building or use and public service corporation. 7. Professional offices including, but not limited to banks, real estate offices, insurance offices, physician offices, dentists, attorneys, architects, engineers or accountants.No drive through facilities are permitted with these uses. 8. Art Gallery 9. Cultural Center or Museum. 10.Place of worship. 11. Same-structure/On-site Mixed Use Developments a. Residential uses shall not be located on the first floor of a structure or building. b. Apartments and condominiums shall be allowed where such use is not more than fifty percent(50%) of the org ss square feet for a two U story building and seventy-five percent (75%) of the goss square feet for a three U story building. n p,f4neRts��n > 0 11 ..oa ;A'hPV4:PV' 10-A, ,,.,r,:R o t4afi 44-Y(Gno/)p -60 fit 4 the total 41aor- 12.Farming,Livestock,Animal Care: a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size,- - -}-rte;-the keeping of one(1) additional animal or bird up to a maxilnuln of five (5 animals; but not the keeping of any animals,birds,or pets of persons not resident on such lot.L ,, Comment[R6]:I'm not sure what you're trying --- - ---- _--_-_--- --- c. On any lot of at least five(5) acres,the keeping of any number of animals to accomplish here. Do you want to allow a business such as a boarding stable,but not allow keeping of or birds regardless of ownership and the operation of equestrian riding friends animals9 academies,stables,stud farms,dairy farms, and poultry batteries. d. The sale of products raised as a result of the above uses on the subject land. t63 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: 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 23 4-3. No structure or building greater than 3,000 gross square feet may be----- Formatted:Bullets and Numbering allowed without a special permit from the Planning Board and subject to the following conditions: a. Submission of a traffic impact and mitigation plan by a professional traffic engineer/consultant. b. For those parcels abutting residential zoned properties, sufficient evidence must be provided to demonstrate that no reasonable alternatives to the site layout,site design,and parking configuration exist. c. A determination by the Planning Board that the proposed development will not create adverse traffic and safety impacts on Route 114 and neighborhood streets and uses are harmonious with the character of the area. d. A determination by the Planning Board that the proposed development provides sufficient screening and buffering for those parcels abutting residential zoned properties. 24. 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[R7]:This might be difficult to control b. The products, materials or goods displayed, stored or sold outdoors, by st you Won't is the area f°r retail inside he ructure.How abboo the 50%of 1 s4 floor area. special permit,must not be visible from any residential use. c. The goods, materials, and products permissible for outdoor storage, display and sales hereunder, shall explicitly exclude automobiles, motorcycles, or other wheeled vehicles and include only goods, materials, and products, which are customarily stored, displayed, or sold outdoors without the necessity for cover from the weather. Fertilizers and other toxic,hazardous chemicals are also excluded herein. d. The amount of area designated for outdoor storage shall be included in the dimensional requirements for maximum lot coverage. e. The entire outdoor storage area shall be enclosed by a wall of solid opaque material such as masonry or solid wood fencing which, in the opinion of the Planning Board,will not derogate from the surrounding area. f. Sufficient landscaping shall be provided around the perimeter of the storage area at the discretion of the Planning Board. g. Only living plants can be higher than the surrounding vertical structural screening. 1704 Design Standards --- Formatted:Bullets and Numbering 4-12. Any other performance standards of the town shall also apply to uses conducted under this Section 17.4 of the North Andover Zoning Bylaws-, 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 24 -2-13. Architecture should demonstrate the cohesive planning of the development----- Formatted:Bullets and Numbering and present a clearly identifiable design feature throughout. Applicants are encouraged to use traditional New England architectural elements in the design. It is not intended that buildings be totally uniform in appearance or that designers and developers be restricted in their creativity. Rather,cohesion and identity can be demonstrated in similar building scale or mass; consistent use of facade materials; similar ground level detailing, color or signage; consistency in functional systems such as roadway or pedestrian way surfaces, signage, or landscaping;the framing of outdoor open space and linkages, or a clear conveyance in the importance of various buildings and features on the site; 3-14. Buildings adjacent to usable open space should generally be oriented to that space,with access to the building opening onto the open space; 4-15. All new utilities shall be placed underground. 5 16. Landscaped space and pedestrian connectivity shall be designed and----- Formatted:Bullets and Numbering located to provide sufficient and safe access throughout the development and/or abutting residential neighborhoods. An alternative to a sidewalk, such 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---- Formatted:Bullets and Numbering limited where appropriate, so that neighboring residents are not exposed to offensive noise, especially from traffic or late-night activity. No amplified music shall be audible to neighboring residents; -718. Vehicular access to and from public roads is intended to be consolidated.----- Formatted:Bullets and Numbering Vehicular access to lands from a public roadway shall generally be limited to one (1) access point, particularly when frontage along said roadway is two hundred(200)feet or less; 8 19. Driveway consolidation should be undertaken so as to reduce traffic----- Formatted:Bullets and Numbering conflicts on feeder or collector streets: a. Provision for Interior roadways and common curb cuts i. To allow for the least disruption in flow of north/south traffic on Routes 114, and the opportunity for orderly growth within the zoning districts bordering this state roadway,the town considers the reduction of entrances and exits on the highway of major concern. For that reason, all site plans shall show reasonable plans for interior roadways linking neighboring parcels presently developedaY 46-velepvd—or which could be developed as future site development *e4v+ Ito 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 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 25 and permitting of access to Routes 114 is to be accomplished only through the access permit process of the Massachusetts Highway Department. The Planning Board shall have the authority to authorize the following density bonuses for abutting owners who develop interior roadways or feeder streets utilizing a common drive and curb cuts thereby eliminating per parcel access/egress point on the highway: -2-1. an additional five (5%) percent in the amount of lot----- Formatted:Bullets and Numbering coverage allowed by the requirements of the bylaw for an existing or proposed use;and, 3-2. an increase of one dwelling unit per acre for an existing or proposed residential use. Applicants should notify the Massachusetts Highway Department as soon as possible of their intent to utilize the provisions of this bylaw in order to facilitate an orderly and cooperative permitting process between the Planning Board and the state highway department. -9-20. The design should preserve and enhance natural features such as----- Formatted:Bullets and Numbering topography,waterways,vegetation,and drainage ways; 44.21. The design should minimize impervious surfaces and incorporate other design features to minimize storm water runoff; and 44-22. Mixed Use Developments should maximize pedestrian transit-oriented development. Specifically they should use "traffic-calming" techniques liberally; provide networks for pedestrians as good as the networks for motorists; provide pedestrians and bicycles with shortcuts al alternatives to travel along high-volume streets, and emphasize safe and direct pedestrian connections to transit stops and other commercial and/or employment nodes; provide long-term, covered, bicycle parking areas; provide well-lit, transit shelters; incorporate transit-oriented design features; and establish Travel Demand Management programs at employment centers. 17.5 Screening and Landscaping Requirements 1. Front Yard: The-T-4@-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 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 26 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 installed along the entire length of each building foundation wall,except at --- Comment[R8]:Is it intended for an four side? If points of entry/exit,lawfully required fire access points,loading/receiving bay not,say so. areas, and any other structural amenities necessary and ordinary to the use of the building. 5. 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. 16061706 Lighting and Signs -- Formatted:Bullets and Numbering 4-6. 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. 3-8. 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. 4-9. 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. 5-10. 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. X11. All signs shall conform to Section 6.6(D)Business and Industrial Districts. -16r717m7 Submission of a Special Permit Application and Plan --- Formatted:Bullets and Numbering Procedures: 4-5. The applicant shall file eight (8) copies of the Planned Commercials---- Formatted:Bullets and Numbering Development District Plan, supporting materials, filing and outside engineering review escrow fees, and three(3) copies of the form titled"Route 114 Corridor District Special Permit Application" to the Planning Board. The Town Planner shall certify that the plans and materials submitted have been 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 27 time stamped by the Town Clerk's Office and meet the submittal requirements. -2-6. The Planning Board, within sixty-five (65) days from receipt of the plan by the Town Clerk, shall determine whether the proposed project is generally consistent with criteria of the paragraph 17.1 of this Section. The Planning Board will review the plans during a public hearing process and will receive comments from the public,other Town Departments, and the applicant. 3-7. The applicant must follow the procedures for obtaining a Special Permit as set forth in Section 10.3 of the Zoning Bylaw. 4A. If applicable, the applicant must follow the procedures for Site Plan Review under Section 8.3, Site Plan Review. 17.8 Parking Requirements The Planning Board, at its sole discretion, may waive up to 25% of the required Parking spaces if it determines that the permitted use may allow for less than the zoning mandated parking requirement.Further,the Planning Board may consider: 4. The elimination of up to 25%of the required parking spaces to be constructed. 5. The elimination of up to 25% of the required parking spaces to be initially constructed, but require an adequate area for future spaces should they be required at a later date. 6. The elimination of up to 25% of the required parking spaces to be initially constructed, but require an adequate area for future spaces should they be required at a later date due to a change of use. 17.9 Change of Use Subsequent to Granting of Special Permit Special Permits granted under the Route 114 Corridor District 2 shall be subject to a new public hearing for a new Special Permit if,in the opinion of the North Andover Town Planner,a change of use occurs and the initial Special Permit was granted a parking variance under Section 17.8 herein. 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. 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 28 17. 11 Dimension and Density Requirements Comment[R9]:Allow min disctance between --------- _-------- Route 1t4 Corridor Zone 2 buildings to be min 10 feet. Minimum lot size 2 acres/87120 s.f. Minimum frontage 250 feet Maximum lot coverage including buildings,driveways and parking areas 70% Maximum building coverage 40% Maximum height,not to exceed three(3)stories above ground 35 feet Minimum building and structures front setback 10 feet Minimum building and structures rear setback 25 feet Minimum building and structures side 15 feet Minimum building and structures side where lot abuts residential zoning district 20 feet Minimum distance between buildings 10 feet Minimum usable open space requirements 30% Floor Area Ratio 0.75: 1 And concurrently,to see if the Town will vote to amend the Zoning Map of the Town of North Andover for the following parcels fronting along Route 114(also known as Salem Turnpike)from their current zoning designation to Route 114 Corridor District 2(RCD2) as follows: Said parcels consisting of fifteen(15)parcels with land fronting Turnpike Street: ➢ Said parcels consisting of five(5)parcels fronting Turnpike Street shown on North Andover Assessors Map 98C,Parcels 27,28,61 and Map 98D,Parcels 31 and 37. The amendment of the Zoning Map for the aforementioned parcels shall be from the current zoning designation of Residential 3 (R3)to Route 114 Corridor District 2(RCD2). ➢ Said parcels consisting of four(4)parcels fronting Turnpike Street shown on North Andover Assessors Map 98C,Parcels 49 and 60 and Map 98D,Parcels 6 and 7. The amendment of the Zoning Map for the aforementioned parcels shall be from the current zoning designation of Business 1 (B 1)to Route 114 Corridor District 2(RCD2). ➢ Said parcels consisting of two(2)parcels fronting Turnpike Street shown on North Andover Assessors Map 98D,Parcels 20 and 21. The amendment of the Zoning Map for the aforementioned parcels shall be from the current zoning designation of Industrial 1 (I1)to Route 114 Corridor District 2(RCD2). ➢ Said parcels consisting of four(4)parcels fronting Turnpike Street shown on North Andover Assessors Map 98D,Parcels 0,40,56 and 57. The amendment of the Zoning Map for the aforementioned parcels shall be from the current zoning designation of Village Commercial(VC)to Route 114 Corridor District 2 (RCD2). Or to take any other action relative thereto. Petition of the Planning Board 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 29 Explanation: The Planning Board's amendment will create a district that will enable property owners to obtain a special permit so as to allow certain uses that will both promote economic development as well as retain the character of the Town. Article AA. Amend North Andover Zoning Bylaw— Sections 4.136(3)(c)(ii) and iii -Watershed Protection District. To see if the Town will vote to amend Sections 4.136(3)(c)(ii) and (iii) to further clarify the maximum allowable square footage for the construction of an accessory structure or expansion to the existing structure based on gross floor area of the existing structure within the Watershed Protection District, Non- Disturbance Buffer Zone by making the following changes. Amending Sections 4.136(3)(c)(ii) and (iii) - by adding the underlined language to read as follows: North Andover Bylaw,Section 4.136 Watershed Protection District c. Non-Disturbance Buffer Zone There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection District which shall consist of all land areas located between one hundred fifty (150) feet and two hundred fifty (250) feet horizontally from the annual mean high water mark of Lake Cochichewick, and between seventy five (75) feet and one hundred fifty (150)feet horizontally from the edge of all wetland resource areas (as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed. i. Allowed Uses: All of the Allowed Uses listed in Section 3 (a)(i) of this Watershed Protection District Bylaw are allowed in the Non-Disturbance Zone except as noted. ii. Uses allowed by pecial Permit: The following uses shall be allowed within the Non-Disturbance Buffer Zone only by Special Permit issued pursuant to Section 4 of this Watershed Protection district Bylaw: (1) Any activities which cause a change in topography or grade. (2) Vegetation removal or cutting, other than in connection with agricultural uses or maintenance of a landscape area. (3) Construction of a new permanent structure only after a variance has been granted by the Zoning Board of Appeals. (4) Replacement of any permanent structure. (5) Any surface or sub-surface discharge, including but not limited to, stormwater runoff; drainage of any roadway that is maintained by the Division of Public Works or any private association; outlets of all drainage swales;outlets of all detention ponds. (6) Construction of any accessory structure or expansion of any existing structure by less than twenty five (25)percent of the gross floor area if the existing structure exceeds 2,500 square feet. 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 30 (7) Construction of any accessary structure ar expansian of any existing structure by_less_than fifty_(50)_percent of the gross_floor_area of the existing structure less than 2,500 square Feet and will be calmected upon calnpletian of the project to lntuucipal sewer. iii. Prohibited Uses: The following uses are specifically prohibited within the Non-Disturbance Buffer Zone: (1) All of the Prohibited Uses listed in Section 3(c)(iii) of this Watershed Protection District bylaw are prohibited in the Non-Discharge Zone. (2) Construction of any septic system. (3) Construction of any new permanent structure, or expansion of an existing structure by twenty five (25) percent or more of the gross floor area of the existing structure exceeding 2,500 square feet. (4) Construction of_any_new pen anent_structure,_or ex of an existing structure by fift,_(5�ercent or mare of the loss floor area of the existing structure less tlian 2,500 square feet. (5) The use, or method of application of, any lawn care or garden product (fertilizer, pesticide, herbicide) that may contribute to the degradation of the public water supply. (6) The use of lawn care or garden products that are not organic or slow- release nitrogen. iv. Building Requirements: all construction in the Watershed Protection District shall comply with best management practices for erosion, siltation, and stormwater control in order to preserve the purity of the ground water and the lake; to maintain the ground water table; and to maintain the filtration and purification functions of the land. Or to take any other action relative thereto. Petition of the Planning Board Recommendations: Board of Selectmen: Finance Committee: Article BB. Amend North Andover Zoning Bylaw — Sections 4.122(14)(B)(b) - Residential 4 District. To see if the Town will vote to amend Sections 4.122(14)(B)(b) to clarify the ambiguity in the language of the zoning bylaw and dimensional requirements involving the demolition of residential homes within the Residential 4 (R4) and the construction of new multi-family residence,by making the following changes: Amending Section 4.122(14)(B)(b)-by adding the underlined language to read as follows: 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 31 4.122.14 Residence 4 District 14. Residential Dwellings A. Dwelling Types a. One Family Dwelling. b. Two family dwellings,by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.1)of this Bylaw. B. Conversions- The conversion of an existing one-family to a two-family dwelling, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.1)of this Bylaw,provided that conversion from a one-family to a two-family dwelling meets the following additional requirements: a. If a conversion involves increasing the size of an existing structure, the expansion area shall not exceed 50%of the original building's gross floor area up to a maximum of 1500 s.f. The size of the second dwelling unit can never exceed 1500 s.f. b. If a conversion involves razing an existing structure,the gross floor area of the new residential structure shall not exceed 150% of the gross floor area of the original building,nor shall the new structure be more than 1,000 square feet of gross floor area larger than the original structure, whichever is less. The size of the second dwelling unit may never exceed 1,500 square feet. If an existing lot is subdivided to form two or more new lots, and the existing structure lies within more than one of the new lots, and if the existing structure is to be razed in connection with the conversion, then new buildings on any lot formerly covered by the existing structure must comply with all the provisions of 4.122.1413 of the Bylaw. Newly created lots not formerly covered by the existing structure must meet the requirements of 4.122.14D of the Bylaw. Or to take any other action relative thereto. Petition of the Planning Board Recommendations: Board of Selectmen: Finance Committee: Article CC. Amend North Andover Zoning Bylaw— Section 10.31(1)—Conditions for Approval of Special Permit. To see if the Town will vote to amend Section 10.31(1) to modify existing and to incorporate additional conditions for approval of a special permit by making the following changes. Amending Sections Section 10.31(1) by adding the underlined language to read as follows: 10.31 Conditions for Approval of Special Permit 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 32 I. The Special Permit Granting Authority shall not approve any such application for a Special permit unless it finds that in its judgment all the following conditions are met: a. The specific site is an appropriate location for such a use,structure or condition; b. Social economic,ar calnrnuluty needs which are served by the proposal; c. The use as developed will not adversely affect the neighborhood character aid social structures d. There will be no nuisance or serious hazard to vehicles or pedestrians; e. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; f. The Special Permit Granting Authority shall not grant any Special Permit unless they make a specific finding that the use is in harmony with the general purpose and intent of this Bylaw. Or to take any other action relative thereto. Petition of the Planning Board Recommendations: Board of Selectmen: Finance Committee: Article DD. Amend Zoning Bylaw- Section 6 — Signs and Outdoor Lighting Regulations. To see if the Town will vote to amend Section 6—Signs and Sign Lighting Regulations as follows: SECTION 6 SIGNS AND SIGN LIGHTING REGULATIONS 6.1 Authority and Interpretation This Bylaw is adopted, as a General Bylaw pursuant to Chapter 93, Section 29-33, inclusive, as amended, and a Zoning Bylaw pursuant to Chapter 40-A, as amended of the General Laws of the Commonwealth of Massachusetts. This Bylaw is hereby declared to be remedial and protective, and is to be so construed and interpreted as to secure the beneficial interests and purposes defined in Section 6.2 of this Bylaw. 6.2 Purposes 1. The regulation and restriction of signs within the Town of North Andover in order to protect and enhance the visual environment of the Town for purposes of safety, convenience,information, and welfare of its residents. 2. The restricting of signs and lights which overload the public's capacity to receive information,which violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision. 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 33 3. To encourage signage and lighting which aid communication,orientation,identify Formatted:Font:Times New Roman,12 pt activities, express local history and character, serve educational purposes for the Formatted:Font:(Default)Times New public good. Roman,12 pt,Not Bold 4. The reduction of visual and informational conflict among private signs and Formatted:Font:(Default)Times New lighting and between the private and public information systems. Roman,12 pt i Formatted:Font:(Default)Times New Roman,12 pt 6.3 Definitions Roman, Font:(Default)Times New 'I'j' Roman,12 pt Introduction. The definitions provided in this Section 6.3 shall apply to any matters ;' pertaining to signs, sign lighting or related matters. To the extent of any conflict between Formatted:Font:(Default)Times New Roman,12 pt,Not Bold these definitions and any definitions in the Bylaw as a whole, the definitions in this Formatted:Font:(Default)Times New Section shall apply but only as specifically applied to signs, sign lighting or related Roman,12 pt matters. ;ff�f Formatted:Font:(Default)Times New ��r� Roman,12 pt ui 1. Accessory Sign - A sign that advertises activities, goods, products, or a specific Formatted:Font:(Default)Times New�'� Roman,12 pt use, owner, or tenant, available within the building or on the property on which '�'�'�', " ' Formatted:Font:(Default)Times New the sign is located, or advertises the property as a whole or any part thereof for ��I Roman,12 pt,Not Bold sale or rent. 6`11 i�`i Formatted:Font:(Default)Times New 2. Awnings_ Retractable, fabric awnings projecting from the wall of a building for ,,�, Roman,12 pt the purpose of shielding the doorway or windows from the elements. �;'� Formatted:Font:(Default)Times New 3. wilding Frontage-The length - feet of a ground floor level of a building front ;'1; ; ; Roman,12 pt or side facing a street(or facing a right-of-way accessible fr_o_m_a st_re_e_t)that is-o_c_c_upi_ed ;'�; Formatted:Font:(Default)Times New -'�r'r't ' t by an individual business. '1 Roman,12� , p,Not Bold 4. Dimensional Si - A non-accessor y sign g giving containing no advertising and ivin Formatted:Font:(Default)Times New ----------- ----------- -- ------ --------- ---- -- _ Roman,12 pt direction to community-(non-commercial) activities,_buildings, areas, such as churches,��, ------- Formatted:Font:(Default)Times New schools, playgrounds,museums, historical sites, public buildings, etc.-----_ig----- , Roman,12 pt not exceed 12"x30"in dimension. ; 5. Display Window Signs s - Temporary signs on the surface of or inside dis la Formatted:Font:(Default)Times New '--------------— I--- -----—-----------------------p_yJ;;� � Roman,12 pt,Not Bold windows,lighted pnly by the general building illumination. I% ' Formatted:Font:(Default)Times New 6. Erect- Shall mean and include to construct,place,relocate, alter, attach,J; Roman,12 pt A--------------- - suspend,and/or�post. / ' Formatted:Font:(Default)Times New 7. Flagpole— A pole erected on a roof, projecting from a building or structure, or b% Roman,12 pt,Not Bold A--- -- projecting from the ground. Formatted:Font:(Default)Times New 8. Ground Signer Any sign erected on the ground which is freestanding or self- ,' ' Roman,12 pt A Formatted:Font:(Default)Times New supported and anchored to the ground, including but not limited to signs built on posts, Roman,12 pt,Not Bold stanchions,pylons or other similar structures. ' 9. Illuminated Si - Any r_ sin um y illuminated b artificial light oman,12 pt _ht including reflective or Formatted:Font:(Default)Times New '-------------- ---- -- - - - --�,' R phosphorescent light and shall include the location of source of illumination, whether Formatted:Font:(Default)Times New from inside the sign, such as neon or similar gas based lights, or from an exterior light Roman,12 pt,Not Bold source regardless of type or construction. Formatted:Font:(Default)Times New 10. Marquee-Any sheltering structure of permanent construction projecting from and ;' Roman,12 pt •--- totally supported by the wall and/or roof of a building,but excluding an awning as-herein- ,- Formatted:Font:(Default)Times New defined. ------------- -- Roman,12 pt 11. Non-Accessory Sign Any sign that is not an accessory sign. Formatted 1 Formatted 2 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 34 12. Obscene - shall have the meaning as that term is defined in Massachusetts ,- Formatted:Font:(Default)Times New �- - -- ------------------ Roman,12 pt,Not Bold General Laws Chapter 272, Section_ 1_ Massachusetts_General Laws, Chapter 272, Section defines "obscene" as follows: Formatted:Font:(Default)Times New 1. appeals to the prurient interest of the average person applying the Roman,12 pt contemporary s tandards of the count_-where the offense was Formatted:Font:(Default)Times New •----- --------------y ----------- Roman,12 pt committed-' Formatted:Font:(Default)Times New 2.depicts or describes sexual conduct in a potentially offensive way; and Roman,12 pt 3.lacks serious literary, artistic,or political or scientific value. Formatted:Font:(Default)Times New 13. Pennanent_Sign-Any sign permitted to be erected and maintained for more than Roman,12 pt ---------------------- ---- sixty(60)days. Formatted:Font:(Default)Times New 14. Primary Sign- The principal accessory sign which may be a wall,roof, or ground Roman,12 pt,Not Bold ---- -- sign,as allowed in Section 6_6. 1 Formatted:Font:(Default)Times New 15. Projecting Sign - Any sign which is attached or suspended from a building or Roman,12 pt other structure and any part of which projects more than twelve (12)inches from the w__all Formatted:Font:(Default)Times New ` surface of that portion of the building or structure. Roman,12 pt L------- -------------- -----� ` Formatted:Font:(Default)Times New 16. Roof Sign - Any sign erected, constructed, and maintained wholly upon, Roman,12 pt,Not Bold connected to, or over Jhe roof or parapet of any building with the ent_ir_e_support_on the Formatted:Font:(Default)Times New roof or roof structure. �, `�, Roman,12 pt 17. Secondary Sign - A wall, roof, or ground sign intended for the same use as a Formatted:Font:(Default)Times New primary sign but smaller dimensions and lettering,as allowed in Section 6.6. Roman,12 pt 18. Sign - A sign is any structure, device, light, letter, figure, word, model, banner, Formatted:Font:(Default)Times New pennant, trade flag, or representation that is designed to be seen from outside of Roman,12 pt the lot on or the building or structure in which it is erected. It may be stationary Formatted:Font:(Default)Times New Roman,12 pt or moving, whether mechanical, electrical or wind-drive. It advertises activities, Dods, laces, persons, objects, institutions, organizations, associations, Formatted:Font:(Default)Times New g 1� 1� J g J Roman,lz pt businesses or events, products, services, or facilities available either on the Formatted:Font:(Default)Times New property where the sign appears or at some other location. The definition includes Roman,12 pt electric signs in windows or doors,but does not include interior window displays Formatted:Font:(Default)Times New of merchandise.A sign may be permanent or temporary. Roman,12 pt 19. Sign Size (Area) - The surface area of any sign is the entire area within a single Formatted:Font:(Default)Times New continuous perimeter enclosing the extreme limits of lettering,representation, emblems, ,' Roman,12 pt or other figures, together with any material or color forming an integral part-of the Formatted:Font:(Default)Times New display or used to differentiate the sign_from the background against which it is placed. - Roman,12 pt Structural members bearing no sign Dopy shall not be included. _, Formatted:Font:(Default)Times New 20. Wall Sign - Any sign affixed to, suspended from or painted on a wall, window, Roman,12 pt Or, mar uee ara et. Formatted:Font:(Default)Times New fl li--p------------------------------------------------- Roman,12 pt 6.4 Administration and Enforcement Formatted:Font:(Default)Times New - Roman,12 pt,Not Bold 1. Enforcement - The Building Inspector is hereby designated as the Sign Officer _ Formatted:Font:(Default)Times New •------------------------ and is hereby barged with the enforcement of this Bylaw----------------------- Roman,12 pt a. The Sign Officer and his duly authorized agents shall, at reasonable times and Formatted:Font:(Default)Times New uponpresentation of credentials,have the power to enter upon the premises on which any Roman,12 pt sign is erected Or maintained in Order to inspect said sign. Formatted:Font:(Default)Times New Roman,12 pt Formatted F r311 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 35 b. The Sign Officer is further authorized, upon notice as herein provided, to order the repair or removal of any sign which in his judgment is(i) a prohibited non-accessory ,- Formatted:Font:(Default)Times New sign, (ii) is likely to become dan erous, unsafe, or in disre air, and/or n1 which is Roman,lz pt g O y g p (...) erected or maintained contrary to this Bylaw. The Sign Officer shall serve a written notice and order upon the owner of record of the premises where the sign is located and, if known, any advertiser, tenant, or other persons known to him having control of or a substantial interest in said sign, directing the repair or removal of the sign within a time not to exceed thirty (30) days after giving such notice. If such notice and order is not obeyed within such period of time,the Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which said sign is erected or maintained and repair or remove, or cause to be repaired or removed, said sign. All expenses incurred by the Sign Officer and his duly authorized agents in repairing or removing any sign shall be assessable against any person who failed to obey said notice and order and shall be recoverable in any court of competent jurisdiction if not paid within thirty (30) days after written notice of assessment is given by the Sign Officer at any such person. 2.Permits: a. No permanent sign shall be erected, enlarged, or structurally altered without a sign permit'with by the Building Inspector. Permits shall only be issued for_,,- Formatted:Font:(Default)Times New signs in conformance with this Bylaw. Permit applications shall be accompanied by two Roman,12 pt (2)prints of scale drawings of the sign, supporting structure and location. A copy of any _- Formatted:Font:(Default)Times New relevant special permit shall also accom -any- n-the- - lication. All-ground-or roof-signs Roman,12 pt p p •----P--y pp -�-- - g shall be registered and identified as required by_Section 1407.0 of the State Building - Formatted:Font:(Default)Times New ----------------- Code. Roman,12 pt b. No temporary sign be erected without a sign permit issued b the Formatted:Font:(Default)Times New ora p ry � may r� p y Roman,12 pt Board of Selectmen. Permits shall only be issued for signs in conformance with this Bylaw. Permit applications shall be accompanied by two (2) prints of scale drawings of the sign, supporting structure and location. Such prints need not be prepared by a professional provided they accurately and clearly depict the sign to be erected. C. Notwithstanding anything to the contrary in this Bylaw, any permanent sign authorized under this Bylaw may contain any otherwise lawful, non- commercial message which does not direct attention to a business or to a service or commodity for sale in lieu of any message or content described in the applicable regulation. 3. Non-conformance of Accessory Signs: Any non-conforming sign legally erected prior to the adoption of this provision, may be continued and maintained. Any sign rendered non-conforming through_, Formatted:Font:(Default)Times New Roman,12 pt change of use or termination of activities on the premises shall be removed within thin s o order e Building e s _- shall Formatted:Font:(Default)Times New y (30) days of b y y th Bildi g Inspector. No existing p gi _ r� ll be_, Roman,12 pt enlarged, reworded, redesigned, or altered in any way unless it conforms to the _ Formatted:Font:(Default)Times New provisions contained herein. Any sign which has been destroyed or damaged to Roman,12 pt the extent that the cost of repair or restoration will exceed one-third (1/3) of the Formatted:Font:(Default)Times New Roman,12 pt 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 36 replacement value as of the date of destruction shall not be repaired, rebuilt,__,- Formatted:Font:(Default)Times New �---------------------------------- restored or altered unless in conformity of this Bylaw(except as may be provided Roman,12 pt in Section 6.7). - Formatted:Font:(Default)Times New 4. Street Banners or Signs - Street banners or signs advertising a public or Roman,12 pt charitable entertainment or event, shall be permitted by Special Permit from the Board of ,- Formatted:Font:(Default)Times New Selectmen. Such a sign shall be removed within seven(7)days after the event. Roman,12 pt 6.5 Prohibitions: • ,- Formatted:Font:(Default)Times New 1. No sign shall be lighted, except by steady, stationary light, shielded and directed Roman,12 pt solely at the sign. Internally lit signs are not allowed.------------------------- -- Formatted:Font:(Default)Times New 2. No illumination shall be permitted which casts glare onto any residential premises Roman,12 pt or onto any portion of a way so as to create a traffic hazard. -------------------- -- Formatted:Font:(Default)Times New 3. No sign shall be illuminated in any residential district between the hours of 12.00 Roman,12 pt midnight and X6_00 a.m. unless indicating time or temperature or an establishment open to_ ,- Formatted:Font:(Default)Times New the public during Roman,12 pt those hours.-- 4. No sign having red or green lights shall be erected within sight of a traffic signal - Formatted:Font:(Default)Times New unless approved as non-hazardous b the Chief of Police. Roman,12 pt pp `------------� - ---------------------------------- Formatted:Font:(Default)Times New 5. No animated,revolving, flashing, or exterior neon sign shall be permitted. Neon Roman,12 pt signs,or signs of similar make or design,that are visible from the street but which are located within the interior of a building(e.g. "Open" signs, alcoholic beverage signs) shall be no more than 12"by 24" in dimension and shall not be animated, revolving,or flashing for any reason unless a Special Permit for such large size or function is by Special Permit from the Board of Selectmen, to be renewed annually. 6. No pennants, streamers, advertising flags (including"Open"flags), spinners, "A" frame signs or similar devices shall be permitted, except as allowed by the Board of Selectmen. 7. Corner visibility shall not be obstructed. 8. No sign shall be erected, displayed, or maintained upon any rock, tree, fence, or utility pole. 9. No sign shall be erected, displayed, or maintained if it contains any obscene pnatter_ ,- Formatted:Font:(Default)Times New 10. Flags and insignia of any Government when displayed in connection with Roman,12 pt commercial promotion;provided that one American flag not larger than 3' x 5'in dimension may be displayed without a sign permit, but otherwise consistent with the requirements of the Bylaw. 11. No sign shall obstruct any means of egress from a building. 12. Projecting signs are prohibited except as provided in Section 6.7. 13. Non-accessory signs are prohibited except for directional signs as allowed in Section 6.6,B. 14. No signs shall be attached to motor vehicles, trailers or other movable objects regularly orrecurr_en_t_ly located fo_r_f_ix_e_d_d_isplay. _- Formatted:Font:(Default)Times New Roman,12 pt 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 37 15. No sign may be located on or over any public sidewalk or right of way except a temporary sign as may be allowed by the Board of Selectmen. No sign shall for any reason obstruct the passage of pedestrians or vehicles, or hinder access to a fire hydrant or similar public structure,because of its location on or over a public sidewalk or right of way. No sign may be affixed to a utility pole or located on the ground in any designated loading zone. 16. Signs which are the sole or primary structure on a lot, such as billboards, shall require a Special Permit from both the Planning Board and the Board of Selectmen. Such signs may only be erected in an Industrial district not and shall not abut a Residential district. 6.6 Permitted Signs(Fee Required) A. Residence District - Accessory Signs - The following signs are allowed in a residence district as well as all other districts. _- Formatted:Font:(Default)Times New 1. Primary wall and roof signs attached to or part of the architectural design of a Roman,12 pt building shall not exceed,in total area,more than ten percent(10%)of the area of ,,- Formatted:Font:(Default)Times New `---- the dimensional elevation--of the building as determined by the building frontage Roman,12 pt multiplied by the floor to ceiling height of the individual business or as specified - Formatted:Font:(Default)Times New `---------------- Roman,12 pt in applicable sections of the by-law. For example, a business with 30 feet of frontage occupying the first floor of a building,to a height of 10 feet total,would Formatted:Font:(Default)Times New g py g g g Roman,12 pt have a dimensional elevation of 300 square feet and therefore could have a sign of up to 30 square feet in total area. If such business occupied 2 stories,for a total of 20 feet in height,the sign could be up to 60 square feet in area. Such primary sign may be located on either the front or side of the business, but not both, at the discretion of the applicant. 2. One (1) sign, either wall or ground,but not roof,indicating only the name of the owner or occupant, street number and permitted uses or occupations engaged in thereon, not to exceed two (2) square feet in area. Such sign may include identification of any accessory professional office,home occupation,or other accessory uses permitted in a residence district. Ground signs shall be set back a minimum of ten(10)feet from all property lines and a minimum of forty (40)feet from all residential districts or structures. 3. One (1) sign oriented to each street on which the premises has access, either attached or ground,pertaining to an apartment development or a permitted non ,- Formatted:Font:(Default)Times New residential principal use of the remises, such sign not to exceed ten 10 square Roman,12 pt --- - --- $ ------- )- q feet in area. -- Formatted:Font:(Default)Times New 4. One 1 unlighted contractor's sign, exceeding twenty-five 25 square feet in Roman,12 pt ( ) g r�� g ty- ( ) q area, maintained on the premises while construction is in process and containing ,- Formatted:Font:(Default)Times New I----- Roman,12 pt information relevant to the project. Such sign shall be removed promptly after_ completion of the construction. - Formatted:Font:(Default)Times New Roman,12 pt 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 38 5. One (1) unlighted identification sign at each public entrance to a subdivision not exceeding twelve (12) square feet in area; to be removed when the_su_b_d_iv_isi_on -- Formatted:Font:(Default)Times New roadway s accepted b the Town. - Roman,12 pt y p y •-------------------------------------- 6. Ground signs shall be set back a minimum of ten(10)feet from all property lines - Formatted:Font:(Default)Times New and a minimum Of for (40) p -feet from all residential districts or structures(except Roman,12 pt --- -- - - ---------------------------`--- - Formatted:Font:(Default)Times New as provided in Section 6.7). Roman,12 pt 7. Off-premises Signs: Only signs pertaining exclusively to the premises on which A-hey are located Or t0 prOC1UCtS, accommodations, services Or activities On the Formatted:Font:(Default)Times New remises shall be allowed, except that an off-premises directional -sign,- Roman,12 pt designating the route to an establishment not on the street to which the sign is tted:Font:(Default)Times New oriented, may be erected and maintained within the public right-of-way at any For a,lz pt Forma intersection if authorized by the Board of Selectmen or on private property_if Romantt dPtFont:(Default)Times New granted a special permit by the Board if Appeals. Such sign-shall-be-authorized Formatted:Font:(Default)Times New only upon the authorizing agency's determination that such sign will promote the Roman,12 pt public interest, will not endanger the public safety and will be of such size,' Formatted:Font:(Default)Times New location and design as will not be detrimental to the neighborhood. At locations Roman,12 pt where directions to more than one (1) establishment are to be provided, all such Formatted:Font:(Default)Times New directional information shall be incorporated into a single structure. All such Roman,12 pt directional signs Shall be unlighted, and each shall be not over four(4)square feet� Formatted:Font:(Default)Times New ---------------- -�� ` Roman,12pt in area. B. Temporary Signs: Temporary signs (which shall not be maintained for more Formatted:Font:(Default)Times New Roman,12 pt than 60 days) shall be allowed as provided below, and provided that they comply Formatted:Font:(Default)Times New with the following: A Roman,12 pt (a) Unless otherwise specified in the Bylaw, temporary signs must comply with all Formatted:Font:(Default)Times New applicable requirements for permanent signs, including issuance of a sign permit Roman,12 pt by the Board Of Selectmen` \ Formatted:Font:(Default)Times New 1. Temporary signs, of not more than twelve (12) square feet in area, erected for a Roman,12 pt charitable or religious cause=require no sign permit and are to be removed within Formatted:Font:(Default)Times New --- --------------� ` Roman,12pt thirty(30)days of erection. 2. The Building Inspector shall maintain placement controls for all temporary signs, Formatted:Font:(Default)Times New \ Roman,12 pt subject t0 the Original sign permit granted. Formatted:Font:(Default)Times New 3� _One(1)temporary unlighted real estate sign advertising the sale,rental or lease of Roman,12 pt the premises or subdivision on which it is erected to be not larger than six (6) \' Formatted:Font:(Default)Times New square feet;requires no sign permit and is to be removed fourteen(14) days after Roman,12 pt Sale,rental Or lease. Formatted:Font:(Default)Times New 4.----One (1) temporary sign not larger than twenty-five (25) square feet Roman,12pt indicating the name and address of the parties involved in construction on the Formatted:Font:(Default)Times New •-------------- --------------------- premises. Roman,12 pt 5. Temporary signs not meeting requirements for permanent signs may advertise Formatted:Font:(Default)Times New •---- -- -- g q p --------- - --------- -------- y --- ------ Roman,12 pt sales, special events, or changes in the nature of an operation_, but shall not otherwise be Used t0 advertise a Formatted:Font:(Default)Times New Roman,12 pt continuing or regularly recurring business operation and shall be removed Formatted:Font:(Default)Times New promptly when the Roman,12 pt Formatted:Font:(Default)Times New Roman,12 pt 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 39 information they display is out of date. The sign(s)must be removed within thirty (30)days of erection. 5. Temporary signs pertaining to a candidate or ballot question appearing on the ballot of an election duly called in the Town of North Andover shall require no sign permit and shall be allowed in all zoning districts. Such signs permitted by this Bylaw: (a) shall only be permitted on private property and shall not be located in any right of way,median strip,park or municipal site,provided that signs may be located on the green strip in front of a residence with the permission of the owner of the applicable fronting property; (b) shall not exceed six(6) square feet in area per sign and shall not exceed in aggregate twenty-four(24)square feet in area per lot=--------------- -- Formatted:Font:(Default)Times New (c) shall not be higher than three(3)feet above ground level-, Roman,lz pt (d) shall be stationary and shall not be illuminated; Formatted:Font:(Default)Times New (e) should not be erected for more than 30 days before an election; Roman,12 pt (f) shall be removed within 7 days after the election in question;and (g) shall include the name and mailing address for the responsible party for the sign for enforcement purposes. 6. Unless otherwise specified in this Bylaw,temporary signs pertaining to other non- commercial issues shall require no sign permit and shall be allowed in all zoning _- Formatted:Font:(Default)Times New districts. Such signs shall be,ubject to the limitations set forth in subsection (5)_ Roman,12 pt (a)-(g)above. - Formatted:Font:(Default)Times New 7. Identification Signs or entrance markers for a church, or synagogue shall not Roman,12 pt exceed a combined total of thirty(30) square feet and provided that there shall be ,- Formatted:Font:(Default)Times New •----- Roman,12 pt no more than two (2) signs allowed on the premises without a sign permit from the Board of Selectmen for each additional sign or signs. --- Formatted:Font:(Default)Times New 8. Notwithstanding any other provisions of this Bylaw, signs may be erected for Roman,12 pt posting land•(for example,no hunting,no trespassing,no soliciting,etc.)_ -- Formatted:Font:(Default)Times New Roman,12 pt C. Residence Districts: Non-accessory Signs -Directional signs shall be permitted by Special Permit from the Board of Selectmen,limited as follows: 1. Two(2)signs for each activity,not exceeding 6"x30"in size. 2. Ground signs not exceeding eight(8)feet in height. D.Business Districts In Business Districts (excepting Shopping Centers and Office Parks as indicated below): 1. All signs permitted in residence districts as provided in Section 6.6(A) and 6.6(B) shall also be permitted, except that temporary real estate signs may be as large as twenty-five (25) square feet. Each owner, lessee, or tenant shall be allowed a 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 40 primary and a secondary sign. Said sign may be used as ground, wall, or roof signs. No lot shall be allowed to have more than one (1) ground sign structure, excepting directional signs. 2. Primary wall and roof signs attached to or part of the architectural design of a building shall not exceed,in total area,more than ten percent(10%)of the area of ,,- Formatted:Font:(Default)Times New the dimensional elevation of the building- uildin as determined by the building frontage Roman,12 pt multiplied by the floor to ceiling height of the Individual business or as specified - Formatted:Font:(Default)Times New Roman,12 pt in applicable sections of the by-law. For example, a business with 30 feet of frontage occupying the first floor of a building,to a height of 10 feet total,would Formatted:Font:(Default)Times New g py g g g Roman,12 pt have a dimensional elevation of 300 square feet and therefore could have a sign of up to 30 square feet in total area. If such business occupied 2 stories,for a total of 20 feet in height,the sign could be up to 60 square feet in area. Such primary sign may be located on either the front or side of the business, but not both, at the discretion of the applicant. 3. One (1)permanent ground sign of not more than twenty-five (25) square feet in area and extending not more than eight (8) feet above ground level. Larger or ,- Formatted:Font:(Default)Times New •------ taller signs may be allowed by Special Permit of the Board of Appeals, if said Roman,12 pt_ Board determines that the particular sign will not be incongruous with the district Formatted:Font:(Default)Times New Roman,12 pt in which it is to be located nor injurious to traffic and safety Ponditions therein (199831). � Formatted:Font:(Default)Times New Roman,12 pt 4. For premises having multiple occupants, each occupant shall be permitted one Formatted:Font:(Default)Times New wall or roof sign and the building shall be permitted one ground sign identifying Roman,12 pt multiple occupants listed on such sign.. The total area of wall signs shall not exceed ten percent (10%) of wall area, and the area of any ground sign allowed under this paragraph shall not exceed twenty-five(25)square feet. 5. Temporary unlighted signs inside windows, occupying not more than twenty percent(20%)of the area of the window require no sign permit. ------------ -- Formatted:Font:(Default)Times New 6. A sign projecting more than one(1)foot over any public sidewalk or right-of-way Roman,12 pt shall be covered by appropriate liability insurance as determined by the Building Inspector and verified by a certificate of insurance filed with the Town Clerk annually to coincide with annual municipal license renewals,as may be amended. 7. Service stations or garages may divide the allowed wall sign area into separate, smaller wall signs �ndlcatmg separate operations or departments. A ground ,- Formatted:Font:(Default)Times New identification sign of fifty(50)square feet in area with a price sign incorporated is Roman,12 pt permitted,provided the height does not exceed 16 feet. Larger or taller signs may be allowed by Special Permit of the Board of Appeals, if said Board determines that the particular sign will not be incongruous with the district in which it is to be located nor injurious to traffic and safety conditions therein. 8. For active fuel dispensing Service Stations,with multiple tenants, on the same lot: One single free standing ground identification sign of 50 square feet in area is allowed, which is to include within the 50 square feet, the identification of the ,- Formatted:Font:(Default)Times New ------------ � multiple tenants on thi�--same same lot. The Service Station identification and price Roman,12 pt information shall be no less than 60% of the total ground sign. Pricing -- Formatted:Font:(Default)Times New Roman,12 pt 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 41 information, if advertised, is also to be within the allotted square footage for service stations. The maximum height(including pylons) of this ground sign shall be 16 feet from ground level. Larger or taller signs may be allowed by Special Permit of the Board of Appeals,if said Board determines that the particular sign will not be incongruous with the district in which it is to be located nor injurious to traffic and safety conditions therein. 9. Building directories (if located outside) may be affixed to the exterior wall of a building at each public entrance_ Such directory shall not exceed an area -- Formatted:Font:(Default)Times New determined on the basis of one (1),quare foot for each establishment occupying- Roman,12 pt the building. - Formatted:Font:(Default)Times New 10. Traffic control, orientation and guidance signs located on private property, shall Roman,12 pt be up to four(4) square feet in area, and shall be solely displayed for purposes of direction or convenience, including signs identifying parking, fire lanes, rest rooms,freight entrances and the like. E. Shopping Centers 1. For any retailing complex comprising three(3)or more enterprises on a single lot and fifty thousand (50,000) square feet floor area or-more-(a-"Shopping Center), -- Formatted:Font:(Default)Times New one (1) ground sign shall be permitted for each street on which the development Roman,12 pt fronts, containing the name or other identification of the area occupied by the complex. Each sign shall be no larger than one hundred (100) square feet. Such sign shall not be located within ten(10)feet of any property line or the line of any right of way, and no part of the sign shall be more than twenty(20)feet above the ground level. Signs are also permitted as in residence districts, except that temporary real estate signs may be as large as ten(10)square feet. 2. Signs attached to a building,parallel with the facade and not projection above the roof-line, shall be permitted advertising the name of a firm or goods or services --- Formatted:Font:(Default)Times New available on the premises,provided that the total area of all signs erected on any Roman,12 pt wall by any occupant may not exceed twenty percent(20%) of the portion of the front wall area assigned to that occupant. For example, an occupant of 50% of a building may have a sign covering no more than 20%of such 50%wall area. 3. In no event shall the overall coverage of any one wall exceed 20%regardless of the aggregate number of tenants or occupants. In no event shall any occupant's sign total more than two hundred(200)square feet facing any single street. 4. Temporary, unlighted signs, inside windows, occupying not more than fifty percent(50%)of the area of the window requires no sign permit.------------ -- Formatted:Font:(Default)Times New ---------------- Roman,12 pt F. Office Parks 1. For any primarily office related project or complex of one or more buildings, one (1) sign for each street upon which the premises has frontage is permitted, identifying a subdivision of lots for office development. This sign shall be no greater than eight(8)feet in height and no larger than twenty (20) square feet in 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 42 area except where the property fronts on a high-speed,limited access highway,in which case a special exception may be granted for a larger sign if required for legibility. 2. Signs for individual properties or tenants shall be limited to a single sign no larger than three (3) �quare feet per tenant. Individual tenants must have Letter of ,- Formatted:Font:(Default)Times New Permission from property owner. Roman,12 pt The Board of Appeals may grant a Special Permit for an exception for a larger area where this will not impair legibility of other signs or be incongruous with the ,- Formatted:Font:(Default)Times New •----- Roman,12 pt surroundings,based uponponsideration of the number of occupants and signs per- --- ---- ------- --_ building, size of building and integration of sign and building design. Formatted:Font:(Default)Times New g g r ----------g---g----------- Roman,12 pt G. Industrial Districts Formatted:Font:(Default)Times New Roman,12 pt For Industrial Districts: 1. Signs as permitted in residence districts are permitted, except that temporary real estate signs may be as large as twenty-five(25)square feet. 2. Wall signs attached flat against the wall of a building, or projecting not more than six (6)feet above such wall, are permitted-advertising the name of the firm or _- Formatted:Font:(Default)Times New goods or services available or produced on the premises; provided that the total Roman,12 pt area of all such signs does not exceed twenty percent•(20%)of the area of the side ,- Formatted:Font:(Default)Times New of the building to which they are attached or two hundred (200) ,quare feet_,- Roman,12 pt whichever is less. - Formatted:Font:(Default)Times New 3. One(1)ground sign,containing the name or other identification of the use on the Roman,12 pt property,for each street on which the property fronts is permitted,provided that each sign is limited to an area of one hundred(100)square feet. Such sign shall not be located closer than forty(40)feet to any property line or twenty(20)feet -- ,- Formatted:Font:(Default)Times New above ound level. Roman,12 pt Formatted:Font:(Default)Times New H. Guidelines The following are further means by which the objectives for signs Roman,12 pt can be served. These guidelines are not mandatory,but degree of compliance with them shall be considered by the Board of Selectmen,Planning Board,Zoning Board of Appeals in acting upon special permits authorized by the Zoning Bylaws and by the Building Inspector in issuing a sign permit authorized under this Section of the Zoning Bylaw. Efficient Communication: • -- Formatted:Font:(Default)Times New 1. Signs should not display brand names, symbols or slogans of nationally Roman,12 pt distributed products except in cases where the majority of the floor or lot on the_,-- Formatted:Font:(Default)Times New remises is devoted to manufacture or sale or other processing of that s ecific Roman,12 pt product. - Formatted:Font:(Default)Times New Roman,12 pt 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 43 2. Premises chiefly identified by a product name (such as a gasoline or auto brand) should devote some part of their permitted sign area to also displaying the identity_--- Formatted:Font:(Default)Times New •---- -- of the local outlet. Roman,12 pt 3. Signs should not contain selling slogans or other advertising which is not an integral part of the name or other identification of the enterprise.------------- -- Formatted:Font:(Default)Times New 4. Sign content normally should not occupy more than forty percent (40%) of the Roman,12 pt sign background,whether a signboard or a building element. ------------------ Formatted:Font:(Default)Times New 5. Signs should be simple,neat and avoid distracting elements, so that contents can Roman,12 pt be quickly and easily read.` ,- Formatted:Font:(Default)Times New Roman,12 pt Environmental Relationship Formatted:Font:(Default)Times New Roman,12 pt ------------------------------------------------------------ Formatted:Font:(Default)Times New 1. Sign design should take into consideration the scale of the street to which the sign Roman,12 pt is oriented and the size,brightness,style,height and colors of other signs in the -- - Formatted:Font:(Default)Times New •----------------- -- vlclmty. Roman,12 pt 2. Sign brightness should not be excessive in relation to background lighting levels, e.g., averagingnot in excess of one hundred(100)foot lamberts in the downtown Formatted:Font:(Default)Times New or similarly bright areas and not in excess of twenty (20) foot lamberts in Roman,12 pt unlighted outlying areas. - Formatted:Font:(Default)Times New Roman,12 pt Building Relationship 1. Signs should be sized and located so as to not interrupt obscure or hide the ontinuity of columns, cornices,roof eaves, sill lines or other elements of building --- Formatted:Font:(Default)Times New structure and where possible, should reflect and emphasize building structural Roman,12 pt form. - Formatted:Font:(Default)Times New 2. Sign material, colors and lettering should be reflective of the character of the Roman,12 pt building to which the sign relates,just as sign-size should be related to building_ Font:(Default)Times New •----- ---------------- Size. Roman,12 pt 3. Clutter should be avoided by not using support brackets extending above the sign or guy wires and turn buckles_ -- Formatted:Font:(Default)Times New Roman,12 pt Landscaping,Buffering,Lighting 1. In Shopping Centers and Office Parks, landscaping shall be provided and maintained in accordance with planting approved by the Planning Board and -- Formatted:Font:(Default)Times New •----------- Roman,12 pt incorporated as part of the plans pn which the_Special Permit_of the_Board of Appeals is based. - Formatted:Font:(Default)Times New 2. In all industrial districts, landscaping shall be provided and maintained in front Roman,12 pt yards and in side bards abutting public ways for aesthetic reasons to break up - Formatted:Font:(Default)Times New lines of buildings and for screening accessory facilities_under the -requirements- 12 pt discussed below. Specifically, in all Industrial and Business Districts, landscape_ - Formatted:Font:(Default)Times New ' -- screening shall be provided adjacent to: ----------------- Roman,12 pt a. Abutting existing residential properties-,and Formatted:Font:(Default)Times New g g p p Roman,12 pt b. Abutting limited access highways in addition to the landscaping in front and side yards mentioned-above--------------------------------------- Formatted:Font:(Default)Times New Roman,12 pt 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 44 Landscape screening shall consist of planting,including evergreens,the plantings to be of such height depth_as_is needed to screen adequately from view from abutting area any - Formatted:Font:(Default)Times New unshielded light source,either�inside or outside Roman,lz pt Formatted:Font:(Default)Times New (Section 6 amended May 6, 1996 Annual Town Meeting,Article 21) Roman,lz pt 6.7 Exceptions to Sign Requirements ,- Formatted:Font:(Default)Times New •------- ------------------------------------' Roman,12 pt,Not Bold A. The following exceptions are intended to encourage economic development in the - Formatted:Font:(Default)Times New Town while maintaining and encouraging the aesthetic and historic character of the Roman,lz pt Town. 1. Downtown District. The owners of real property located on Main Street, from Sutton Street to Second Street(and the length of which may be amended by vote of the Board of Selectmen) shall be authorized to form a neighborhood district association for the purpose of developing aesthetical and design standards for buildings that front on Main Street and to develop such standards in a democratic fashion. An initial design standard shall be prepared by the Town Planner, after consultation with the property owners within the district. These design standards shall not be in any way be mandatory, but may be used to create exceptions for applicants who are applying for signage relief or as a basis for accessing grants from or through the Town for street or building improvements. Limited and special relief from certain signage matters may be granted provided the applicant agrees to conform otherwise to the Bylaw and provided such applicant complies with the standards created by the association. The association may create standards as to building and trim colors, signage colors and materials, and the design and character of privately owned "street furniture" (e.g. benches, waste receptacles, etc.). The Town shall endeavor to harmonize its street improvement efforts with those of the association. 2. Non-conforming signs. In the event the application of Section 6.4(3) would Formatted:Font:(Default)Times New prevent the relocation of a non-conforming sign anywhere on the subject property, the Roman,lz pt sign may be rebuilt on the location in question, subject to the remaining provisions contained in said section and as further provided in this section. In the alternative, the Board of Appeals may with the consent of the applicant,permit the sign to be relocated to a new location on the property that would otherwise be non-conforming but which overall would be less non-conforming than the original location. In either instance, the applicant shall only be permitted to rebuild such sign if the applicant agrees (a) to reconstruct the sign in conformance with all other provisions of the Bylaw and (b) if applicable, to use materials, colors or design features consistent with any Town-wide or Downtown neighborhood district requirements, if any, that have been adopted by said association or Town Meeting for the district in question. 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 45 Projecting Signs. While projecting signs are generally prohibited, an applicant located within the area comprising the Downtown neighborhood district association may petition the Board of Appeals to allow the installation of projecting signs or awnings, provided that such projecting signs or awnings shall be constructed consistent with the then current standards adopted by such association. A building with multiple occupants shall be required to maintain consistency of colors, materials and design features for any projecting signs or awnings. For example, an awning may not be installed that is of different colors or colored lettering than a neighboring store in the same building. Notwithstanding anything in this Bylaw to the contrary, all such projecting signs and awnings shall be maintained in good order,condition and repair at all times and shall not (a) interfere with the safe passage of pedestrians or vehicles, (b) constitute a danger to members of the public, (c) permit the unsafe accumulation of water, ice or snow, or (c) otherwise constitute a nuisance. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Article EE. Amend Chapter 178 of the General Bylaws —Wetlands Protection. (COMMITTEE) Recommendations: Board of Selectmen: Finance Committee: Article FF. Amend Town Code — Chapter 170 — Underground Utility Bylaw — Add School Street. To see if the Town will vote to amend the Town Code, Chapter 170 —Underground Utility Bylaw by modifying Section 3, subsection C to read"Downtown Area: Main Street from Sutton Street to Merrimac Street, including 200 feet from Main Street for the following side streets —Waverly Road, First Street, and Second Street, all of School Street, and on Water Street from Main Street to High Street; or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen: 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 46 Finance Committee: Planning Board: Article GG. Acquisition and Acceptance of Granville Lane, Grosvenor Avenue, Inglewood Street,Surrey Drive and Wildwood Circle as Public Ways. To see if the Town will vote to accept Granville Lane, Grosvenor Avenue, Inglewood Street, Surrey Drive, and Wildwood Circle as public ways and to authorize the Board of Selectmen to acquire by eminent domain, gift, purchase or otherwise any fee, easement or other interest in the following streets: The land known as Granville Lane, as shown on a plan of land entitled: "Layout Plan of Granville Lane," dated March 1, 2006 drawn by Christiansen & Sergi, 160 Summer Street,Haverhill,MA 01830,and on file in the office of the Town Clerk; The land known as Grosvenor Avenue, as shown on a plan of land entitled: "Layout Plan of Grosvenor Avenue," dated March 1, 2006, drawn by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830, and on file in the office of the Town Clerk; The land known as Inglewood Street,as shown on a plan of land entitled: "Layout Plan of Inglewood Street," dated March 1, 2006, drawn by Christiansen & Sergi, 160 Summer Street,Haverhill,MA 01830,and on file in the office of the Town Clerk; The land known as Surrey Drive, as shown on a plan of land entitled: "Layout Plan of Surrey Drive," dated March 1, 2006, drawn by Christiansen & Sergi, 160 Summer Street,Haverhill,MA 01830,and on file in the office of the Town Clerk; The land known as Wildwood Circle,as shown on a plan of land entitled: "Layout Plan of Wildwood Circle," dated March 1, 2006, drawn by Christiansen & Sergi, 160 Summer Street,Haverhill,MA 01830,and on file in the office of the Town Clerk; and to award no damages for said taking or payment for said acquisition, or take any action related thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Planning Board: Article HH(CP). Intermunicipal Agreement Between North Andover/Middleton Water and Sewer Tie-ins. To see if the Town will vote to authorize, but not require, the Board of Selectmen pursuant to the provisions of Massachusetts General Laws, 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 47 Chapter 40, Section 4A, to negotiate and approve an Intermunicipal Agreement, for a term not exceeding 25 years, between the Towns of North Andover and Middleton to authorize water and sewer tie-ins for a mixed-use industrial/recreational development on property in North Andover shown on North Andover Assessor's Tax Map 108.A as Lots 6, 7 and 19 and in Middleton on Middleton Assessor's Map 9 as Lots 24 and 26 all owned by Nomid Trust, Joseph DiGrazia and Eric DiGrazia, Trustees,located at or near 2350 Turnpike Street and 15 Sharpners Pond Road (Missile Site Road), North Andover; all on such terms as the Selectmen deem to be in the best interest of the Town, and make such other agreements as may be required by the Greater Lawrence Sanitary District before permission is granted for said sewer connection, and to take any other action related thereto. Petition of Frank Terranova and others Recommendations: Board of Selectmen: Finance Committee: Planning Board: ARTICLE II. Fund Collective Bargaining Agreement between the Town of North Andover and the International Brotherhood of Police Officers (IBPO), Local 496. To see if the Town will vote to approve a collective bargaining agreement between the Town of North Andover and the International Brotherhood of Police Officers (IBPO), Local 496, for the period of July 1, 2004 through June 30, 2007; or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Planning Board: ARTICLE JJ . Fund Collective Bargaining Agreement between the Town of North Andover and the International Brotherhood of Police Officers (IBPO),Local 454. To see if the Town will vote to approve a collective bargaining agreement between the Town of North Andover and the International Brotherhood of Police Officers(IBPO), Local 496, for the period of July 1, 2004 through June 30, 2007; or to take any other action relative thereto. 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 48 Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: Planning Board: Article KK. Acceptance of Massachusetts General Laws Chapter 44 Section 55C Establishing a Municipal Affordable Housing Trust Fund. Comment Only: (On request of the North Andover Housing Partnership Committee) To see if the Town will vote to establish an Affordable Housing Trust, pursuant to Massachusetts General Laws, Chapter 44, Section 55C,which shall contain the following terms and conditions: ARTICLE FIRST: Name of the Trust The trust shall be called the"Town of North Andover Affordable Housing Trust Fund". ARTICLE SECOND: Purpose The purpose of the Trust shall be to provide for the preservation and creation of affordable housing in the Town of North Andover for the benefit of low and moderate- income households. In furtherance of this purpose,the Trustees are hereby authorized, in accordance with the procedures set forth herein,to acquire by gift,purchase or otherwise real estate and personal property, both tangible and intangible, of every sort and description;to use such property, both real and personal, in such manner as the Trustees shall deem most appropriate to carry out such purpose, provided however, that all property held by the Trust and the net earnings thereof shall be used exclusively for the preservation and creation in the Town of North Andover of affordable housing for the purposes for which this Trust was formed. ARTICLE THIRD: Tenure of Trustees There shall be a Board of Trustees consisting of not less than five nor more than seven Trustees who shall be appointed by the Board of Selectmen. One of the Trustees shall be the Town Manager. Only persons who are residents of the Town of North Andover shall be eligible to hold the office of Trustee. Trustees shall serve for a term of two years, except that two of the initial trustee appointments shall be for a term of one year, and may be re-appointed at the discretion of the Board of Selectmen. Any Trustee who ceases to be a resident of the Town of North Andover shall cease to be a Trustee hereunder and shall promptly provide a written notification of the change in residence to the Board and to the Town Clerk. Any Trustee may resign by written instrument signed and 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 49 acknowledged by such Trustee and duly filed with the Town Clerk. If a Trustee shall die, resign, or for any other reason cease to be a Trustee hereunder before his/her term of office expires, a successor shall be appointed by the Board of Selectmen to fill such vacancy provided that in each case the said appointment and acceptance in writing by the Trustee so appointed is filed with the Town Clerk. No such appointment shall be required so long as there are five Trustees in office. Upon the appointment of any succeeding Trustee and the filing of such appointment, the title to the Trust estate shall thereupon and without the necessity of any conveyance be vested in such succeeding Trustee jointly with the remaining Trustees. Reference to the Trustee shall mean the Trustee or Trustees for the time being hereunder. ARTICLE FOURTH: Meetings of the Trust The Trust shall meet at least quarterly at such time and at such place as the Trustees shall determine. Notice of all meetings of the Trust shall be given in accordance with the provisions of the Open Meeting Law, G.L. Chapter 39, Sections 23A, 23B and 23C. A quorum at any meeting shall be a majority of the Trustees qualified and present in person. ARTICLE FIFTH: Powers of Trustees The Board of Trustees shall have the following powers which shall be carried out in accordance with and in furtherance of the provisions of G.L. Chapter 44,Section 55C: with the approval of the Board of Selectmen,to accept and receive property,whether real or personal,by gift, grant, devise, or transfer from any person, firm, corporation or other public or private entity, including without limitation, grants of funds or other property tendered to the trust in connection with provisions of any zoning by-law or any other by- law; with the approval of the Board of Selectmen, to purchase and retain real or personal property, including without restriction investments that yield a high rate of income or no income; with the approval of the Board of Selectmen and Town Meeting,to sell,lease, exchange, transfer or convey any real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise,and to make such contracts and enter into such undertakings relative to trust real property as the Trustees deem advisable notwithstanding the length of any such lease or contract; with the approval of the Board of Selectmen,to sell, lease, exchange,transfer, or convey any personal property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relative to trust personal property notwithstanding the length of any such lease or contract; 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 50 to execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants,contracts,promissory notes,releases and other instruments sealed or unsealed, necessary, proper or incident to any transaction in which the board engages for the accomplishment of the purposes of the trust; to employ advisors and agents, such as accountants, appraisers and lawyers as the trustees deem necessary; to pay reasonable compensation and expenses to all advisors and agents and to apportion such compensation between income and principal as the trustees deem advisable; to apportion receipts and charges between income and principal as the trustees deem advisable, to amortize premiums and establish sinking funds for such purpose, and to create reserves for depreciation depletion or otherwise; with the approval of the Board of Selectmen, to participate in any reorganization, recapitalization,merger or similar transactions; and to give proxies or powers of attorney with or without power of substitution,to vote any securities or certificates of interest, and to consent to any contract, lease, mortgage,purchase or sale of property, by or between any corporation and any other corporation or person; with the approval of the Board of Selectmen, to deposit any security with any protective reorganization committee, and to delegate to such committee such powers and authority with relation thereto as the trustees may deem proper and to pay, out of trust property, such portion of expenses and compensation of such committee as the board, with the approval of the Board of Selectmen,may deem necessary and appropriate; to carry property for accounting purposes other than acquisition date values; with the approval the Board of Selectmen and the approval of Town Meeting by a two- thirds majority vote, to incur debt, to borrow money on such terms and conditions and from such sources as the trustees deem advisable, and to mortgage and pledge trust assets as collateral; with the approval of the Board of Selectmen, to disburse trust funds for the purpose of making loans or grants in furtherance of the creation or preservation of affordable housing in North Andover upon such terms as the Trustees shall deem most appropriate to carry out such purposes; to make distributions or divisions of principal in kind; to comprise, attribute, defend, enforce,release, settle or otherwise adjust claims in favor or against the trust, including claims for taxes, and to accept any property, either in total or partial satisfaction of any indebtedness or other obligation, and subject to the 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 51 provisions of G.L. Chapter 44, Section 55C,to continue to hold the same for such period of time as the board may deem appropriate; to manage or improve real property and,with the approval of the Board of Selectmen and Town Meeting, to abandon any property which the trustees determine not to be worth retaining; to hold all or part of the trust property uninvested for such purposes and for such time as the trustees may deem appropriate;and to extend the time for payment of any obligation to the trust. ARTICLE SIXTH:Funds Paid to the Trust Notwithstanding any general or special law to the contrary,all moneys paid to the trust in accordance with any zoning by-law, exaction fee, or private contribution shall be paid directly into the trust and need not be appropriated or accepted and approved into the trust. General revenues appropriated into the trust become trust property and these funds need not be further appropriated to be expended. All moneys remaining in the trust at the end of any fiscal year,whether or not expended by the board within one year of the date they were appropriated into the trust,remain trust property. ARTICLE SEVENTH:Acts of Trustees A majority of Trustees may exercise any or all of the powers of the Trustees hereunder and may execute on behalf of the Trustees any and all instruments with the same effect as though executed by all the Trustees. No Trustee shall be required to give bond. No license of court shall be required to confirm the validity of any transaction entered into by the Trustees with respect to the Trust Estate. ARTICLE EIGHTH: Liability Neither the Trustees nor any agent or officer of the Trust shall have the authority to bind the Town, except in the manner specifically authorized herein. The Trust is a public employer and the Trustees are public employees for the purposes of G.L. Chapter 268A. The Trust shall be deemed a municipal agency and the Trustees special municipal employees for the purposes of G.L. Chapter 268A. ARTICLE NINTH: Taxes The Trust is exempt from G.L. Chapter 59 and 62, and from any other provisions concerning payment of taxes based upon or measured by property or income imposed by the Commonwealth or any subdivision thereto. ARTICLE TENTH: Custodian of Funds The Town Treasurer shall be the custodian of the funds of the Trust. The books and records of the Trust shall be audited annually by an independent auditor in accordance with accepted accounting practices for municipalities. 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 52 ARTICLE ELEVENTH: Governmental Body The Trust is a governmental body for purposes of Sections 23A, 23B and 23C of G.L. Chapter 39. ARTICLE TWELFTH: Board of the Town The Trust is a board of the Town for purposes of G.L. Chapter 30B and Section 15A of G.L. Chapter 40; but agreements and conveyances between the trust and agencies, boards, commissions, authorities, departments and public instrumentalities of the town shall be exempt from said Chapter 30B. ARTICLE THIRTEENTH: Duration of the Trust This Trust shall be of indefinite duration, until terminated in accordance with applicable law. Upon termination of the Trust, subject to the payment of or making provisions for the payment of all obligations and liabilities of the Trust and the Trustees, the net assets of the Trust shall be transferred to the Town and held by the Board of Selectmen for affordable housing purposes. In making any such distribution,the Trustees may, subject to the approval of the Board of Selectmen, sell all or any portion of the Trust property and distribute the net proceeds thereof or they may distribute any of the assets in kind. The powers of the Trustees shall continue until the affairs of the Trust are concluded. ARTICLE FOURTEENTH The Board of Selectmen may authorize the Trustees to execute, deliver, and record with the Registry of Deeds any documents required for any conveyance authorized hereunder. ARTICLE FIFTEENTH: Titles The titles to the various Articles herein are for convenience only and are not to be considered part of said Articles nor shall they affect the meaning or the language of any such Article. Article LL. (CP) Petition the General Court—Health Insurance Benefits—Town of North Andover Elected Officials. To see if the Town will vote to Petition the General Court to pass a Special Act as follows: "Notwithstanding Massachusetts General Laws Chapter 32B or other laws to the contrary,health insurance benefits for elected officials shall not be provided in the Town of North Andover;or to take any other action relative thereto. Petition of Keith A. Mitchell and others 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 53 Article MM (CP) Supplemental Revolving Funds. To see if the Town will vote to authorize the establishment of supplementary revolving funds under Massachusetts General Law Chapter 44 Section 53E1/2 or similar applicable sections to allow certain Town departments to raise and expend funds to make good certain budget cuts or deficiencies in Fiscal Year 2007;or to take any other action relative thereto. Petition of Paul P.Stewart and others Article NN (CP) Change Community Preservation Act Surcharge. To see if the town will vote to change the Community Preservation Act surcharge on real property from 3 (three)percent of the real estate tax levy against real property to 1 (one)percent; or to take any other action relative thereto. Petition of Edwin P.TrippjII and others Article OO(CP) Stabilization Fund. To see if the town will vote to transfer or appropriate funds from any Stabilization Fund(s) to the operating budgets/general fund; or to take any other action relative thereto. Petition of Diane Huster and others Article PP (CP) Senior Citizen Recognition Day. To see if the Town will vote to declare the second Wednesday in the month of May, starting in the year 2007, as the "Senior Citizen Recognition Day". The month of May is designated as"Older American Month" so it is appropriate to celebrate each year the importance of the Senior Center to the citizens of our Town;or to take any other action relative thereto. Petition of Albert S.Movsesian and others Article QQ(CP) Town Meeting Requirements and Procedures for Initial Funding and Approval of Collective Bargaining Agreements. To see if the Town will vote to amend the General Bylaws of the Town of North Andover by inserting a new section— Section To adopt the following new General By Law entitled"Approval Requirements for Labor Contract to be approved(by Appropriation of Funds)at Town Meeting" Chapter Town Meeting Requirements and Procedures for initial Funding and Approval of Collective Bargaining Agreements. Section 1: 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 54 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 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 55 Article RR(CP) Amend General Bylaws—Public Notice—Chapter.To see if the Town will vote to adopt a By Law entitled"Public Notice", Chapter to provide that: Any and all information currently required to be printed in a newspapers or otherwise published or posted by the Town, School Department or residents doing business with the Town will be made available on a separate web site established by the Town of North Andover entitled Public Notices for Town and School Departments and to request that the Board of Selectmen and School Committee prepare and file a"Home Rule Petition to the General Court of the Commonwealth of Massachusetts"for the purpose of requesting appropriate authority to publish certain notices and documents on this web site in lieu of publishing these"Public Notices"in newspapers that the Board of Selectmen and School Committee deem appropriate in their sole discretion for the purposes of reducing costs incurred by the town and its residents and for the purpose of making such "Public Notices" more available to the residents of the Town and others; or to take any other action relative thereto. Petition of Robert Ercolini and others Article SS. Amend General Bylaws — New Chapter Chapter - Public Notice Information. To see if the Town will vote to amend the General Bylaws of the Town of North Andover by adding a new Chapter entitled "Public Notice Information" Chapter to provide that: The Town of North Andover through its computer systems will contemporaneously publish,when a document is issued or otherwise made available on any Town or School Departments computer systems, on either the Town of North Andover Official Web Site and/or the Town of North Andover School Department Official Web Site, all information 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 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 56 Committee, all standardized school test results, all correspondence to and from the to the Department of Education,Bureau of Accounts and other governmental agencies. The Town and School Department Official web sites shall also establish as soon as possible Bulletin Boards on their sites for use by residents of the Town to identify and discuss all Town and school related issues in a forum where residents are required to identify themselves in order to participate in a discussion or forum,but need not identify themselves to review the information on the bulletin boards. These Town and School web sites shall maintain information for at least a five year period. The implementation period of this By Law which shall be two years from the date of enactment and the Town and School Departments shall first provides residents of the Town with current information as to the Town and School department's activities and then add historical data;or to take any other action relative thereto. Petition of Robert Ercolini and others Article TT. Amend General Bylaws Chapter 178—Wetlands Protection. To see if Town Meeting will vote to eliminate or modify and make less restrictive Chapter 178 of the General Bylaws "WETLANDS PROTECTION", (set forth below and commonly referred to as the local wetland bylaw), administered by the Town's Conservation Commission. Chapter 178 WETLANDS PROTECTION [HISTORY: Adopted by the Town of North Andover December 10,1987 Special Town Meeting, Article 19. Amended in its entirety Annual Town Meeting May 7, 1991. Amendments noted where applicable.] [Amended in its entirety Annual Town Meeting May 12,1998,Article 39—Approved by Attorney General October 20,1998 with the exception of Section 178.111 §178.1 Purpose §178.2 Jurisdiction §178.3 Exemptions §178.4 Applications to perform work and information required §178.5 Hearings §178.6 Orders And Decisions §178.7 Certificates Of Compliance §178.8 Responsibility For Compliance §178.9 Rules And Regulations §179.10 Enforcement,Investigations&Violations §178.11 Consultant Services Account. §178.12 Captions And Severability. §178.1 Purpose. 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 57 The purpose of this Bylaw is to preserve and protect the wetland resource areas(as specified in Section 178.2) of the Town of North Andover by regulation of, and control of, activities (as specified in Section 178.2) deemed by the North Andover Conservation Commission (the "Commission")to have significant or cumulatively detrimental effect upon the following interests and values,including:public or private water supply;groundwater;the prevention and control of flooding,erosion,sedimentation,storm damage,and/or pollution,protection of fisheries,wildlife, wildlife habitat and recreation. §178.2 Jurisdiction. Except as permitted in writing by the Commission, or as provided in this Bylaw, no person shall engage in the following activities ("activities"): removal, filling, dredging, discharging into, building upon, or otherwise altering or degrading the wetland resource areas described in the following sentence. The Town's wetland resource areas consist of 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 58 1)any isolated vegetated wetland, 2)any ephemeral pool 3)any vegetated wetland bordering on any creek,river,stream,pond or lake, 4)any bank,beach,marsh,wet meadow,bog,or swamp, 5)any land under any creek,river,stream,pond or lake, 6)any 100-foot buffer zone of wetland areas 1-5 listed above, 7) any land subject to storm flowage, or flooding by groundwater or surface water, 8)and the 200-foot riverfront area. The following waterbodies and contiguous 200-foot zones on either side of the waterbody in North Andover have been identified by the Commission as riverfront areas: Mosquito Brook, Rocky Brook, Boston Brook, Cochichewick Brook, Merrimack River and Shawsheen River(See Figure 1-3 —North Andover Riverfront Area Maps). The wetland resource areas listed in 1-8 above are protected in addition to the wetland resource areas protected under the Massachusetts Wetlands Protection Act M.G.L. Chapter 131, Section 40 ("the Acf') and its accompanying regulations 310 CMR 10.00. The Commission shall not grant such permission without receiving written notice of the intention to conduct such activity,and without issuing written permission to do so all in compliance with the provisions of this Bylaw. §178.3 Exemptions. This Bylaw shall not apply to the following activities: 1.Emergency projects as defined in the Commission's regulations(Section 11);or 2. Maintenance,repair or replacement,without substantial change or enlargement, of existing and lawfully located structures or facilities used in the service of the public and used-to provide electric, gas, water, telephone, or other telecommunication services to the public,or 3. Normal maintenance of land in agricultural use, as defined in the Commission's regulations(Section 1);or 4.Maintenance and repair of existing public ways. 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 59 §178.4 Applications to perform work and information required. All applications to perform activities in the Town's resource areas shall be either in the form of a Request for Determination or a Notice of Intent,or both. Such applications shall contain data and plans as specified in the Commission's regulations, and shall be submitted in complete written form to the Commission as required by this Bylaw,regulations,and application checklist (Appendix A of Regulations).The date which serves to commence the Commission's deliberation period is the date of receipt of the application at its offices,during regular office hours. The Town Conservation Administrator shall be granted the power to make determinations of completeness for applications submitted to the Commission and reject, within two (2) business days, those applications that do not meet the minimum submittal requirements of this Bylaw,regulations,and application checklist In order to provide sufficient review time the Commission may continue a public hearing or public meeting if new information is submitted by the applicant,or applicant's agent,less than seven(7)business days before the scheduled public hearing or public meeting. The applicable forms may be obtained from the Commission and must be signed by the applicant or applicant's agent where required. The Commission may require further information by Regulation,guideline,or as otherwise deemed necessary by the Commission. In order to comply with the provisions of this Bylaw, each application must be complete as filed, and must comply with the rules set forth herein and Commission regulations.No such application shall be accepted as complete before all permits,variances,and approvals required by the Bylaws of the Town with respect to the proposed activity, at the time of such Notice, have been applied for or obtained. Such Application shall also include any information submitted in connection with such permits, variances, and approvals that is necessary to describe the effect of the proposed activity on the resource areas. §178.5 Hearings. A)Combination with State Law Hearing: The said Commission,in its discretion,may hear any oral presentation under this Bylaw at the same public hearing required to be held under the provisions of chapter 131, section 40, of the Massachusetts General Laws.Notice of the time and place of such hearing(s)shall be given as required below. B)Notice:Notice of the time and place of the hearing shall be given at the applicant's expense, not less than seven (7) calendar days prior to the public hearing, by publication in a newspaper of general circulation in North Andover,and by mailing a copy of such notice to all land owners within 300 feet of the land on which the work is proposed. All publications and notices shall contain the name of the applicant, a description of the area where the activity is proposed by street-address,if any,or other adequate identification of 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 60 the location of the area or premises which is the subject of the notice,the date,time and place of the public hearing,the subject matter of the hearing,and the nature of the action or relief requested, if any. Public notice requirements for continued public hearings under this Bylaw shall be the same as the notification requirements set forth in 310 CMR 10.05(5)(b)3. B)Proof: The applicant shall have the burden of proving by a preponderance of credible evidence that the activity proposed in the Notice of Intent will not cause adverse impacts to any of the interests and values sought to be protected by this Bylaw. Failure to provide to the Commission adequate evidence for it to determine that the proposed activity does not cause adverse impacts shall be sufficient cause for the Commission to deny permission or to grant such permission with such conditions as it deems reasonable,necessary or desirable to carry out the purposes of this Bylaw; or to postpone or continue the hearing to another date certain to enable the applicant and others to present additional evidence, upon such terms and conditions as seem to the Commission to be reasonable. Due consideration shall be given to possible effects of the proposal on all interests and values to be protected under this Bylaw and to any demonstrated hardship on the petitioner by reason of a denial, as brought forth at the public hearing. D)Continuances: The Commission may continue a public hearing or public meeting in the following situations: 1. With the consent of the applicant, to an agreed-upon date which shall be announced at the hearing,or 2. Without the consent of the applicant, to a specific date for the reasons stated at the hearing, including but not limited to receipt of additional information from the applicant or others. F)Investigations: The Commission, its agents, officers and employees, may enter upon privately owned land for the purpose of carrying out its duties under this Bylaw and may make or cause to be made such examination or survey as deemed necessary. §178.6 Orders And Decisions. 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 61 A)All Orders and Decisions: If the Commission determines that the proposed activity does not require the imposition of conditions to preserve and protect the interests of this Bylaw, the applicant shall be so notified in writing. If, after the hearing, the Commission determines that the proposed activity is significant to one or more interests and values of this Bylaw, the Commission may vote to issue written Orders of Conditions within 21 days of the close of the public hearing. The Commission may impose such conditions, safeguards and limitations on time and use upon such activity as it deems necessary to protect those interests. The Commission may prohibit such activity altogether,in the event that it finds that the interests and values of this Bylaw can not be preserved and protected by the imposition of such conditions,safeguards or limitations. B)Security to Assure Performance: The Commission may,as a part of its Order of Conditions,require,in addition to any security required by any other Town or State Board,Commission,agency or officer, that the performance and observance of the conditions, safeguards and limitations imposed under this Bylaw on the applicant and owner be secured by one,or both,of the methods described in the following clauses: 1.Deposit: By the deposit of money, sufficient to complete the work as proposed, to secure performance of the conditions and observance of the safeguards of such Order of Conditions. Such security, if filed or deposited, shall be approved as to form and manner of execution by Town Counsel or the Town Treasurer. 2.Land Restrictions(s): By a conservation restriction, easement, or other covenant running with the land,executed and properly recorded(or registered,in the case of registered land). C)Duration of Orders: 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 62 All Orders of Conditions shall expire three(3)years after the date of issuance. An Order of Conditions may be extended for one year upon the request of the applicant The request for an extension of an Order of Conditions shall be made to the Commission at least 30 days prior to expiration of the Order of Conditions. The Commission may grant only two (2) extensions for an individual Order of Conditions. No activity governed by an Order of Conditions shall be performed unless and until all permits, approvals and variances required by the Bylaws of the Town shall have been obtained, such Order of Conditions or notification shall have been recorded or registered at the Essex North District Registry of Deeds or in the North Essex District of the Land Court Department,and all applicable appeal periods have expired. The Commission shall have the right to record or register its Order of Conditions with said Registry or Registry District. In the event that an Order of Conditions issued pursuant to this Bylaw is identical to a final Order of Conditions issued pursuant to the provisions of MGL Chapter 131,Section 40, only one such order need be recorded or registered. D)Modifications,Amendments,Revocations: The Commission shall have the power(on its own motion or upon the petition of the applicant,or any person interested)to modify,amend, or revoke an Order of Conditions. In revoking an Order of Conditions the Commission shall officially notify the interested parties through certified mail and hold a public hearing within 21 days of the notification date. hi the case of an amendment to an Order of Conditions, the Commission shall have the discretion to decide if a public hearing is warranted. This decision shall be based on the potential impact of proposed work and its effect on the ability of the identified wetland resource areas to provide those interests as defined under the Act and Bylaw. No public hearing is required for a modification to an Order of Conditions. Written notification to the applicant by certified mail is required in all cases where the Commission initiates a modification, amendment or revocation of an Order Of Conditions. §178.7 Certificates Of Compliance. 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 63 The Commission shall, upon receiving a written request and weather permitting, inspect the resource areas where the activity governed by an Order of Conditions was carried out and issue a Certificate of Compliance (or Partial Certificate of Compliance)to the owner of the property,applicant,or applicant's representative,in a form suitable for recording or registering,if it shall determine that all of the activity or activities,or portions thereof,limited thereby have been completed in accord with said order. §178.8 Responsibility For Compliance. After the recording of a Notice of Violation or Order , any person who purchases, inherits or otherwise acquires real estate upon which work has been done in violation of the provisions of this Bylaw or in violation of any order issued under the Bylaw shall forthwith comply with any such Order or restore such land to its condition prior to any such violation; provided, however, that no action, civil or criminal, shall be brought against such person unless such action is commenced within three years following the recording of the deed or the date of the death by which such real estate was acquired by such person. §178.9 Rules And Regulations. The Commission shall be empowered to establish Rules and Regulations to govern its affairs, including but not limited to fees, definitions, use of consultants, security to assure performance, performance standards for work in wetland resource areas, and such other information which it deems necessary to discharge its responsibilities. After due notice and public hearing,the Commission may promulgate such rules and regulations to effectuate the purposes of this Bylaw, by a majority vote of the duly appointed members. Failure by the Commission to promulgate such rules and regulations; or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this Bylaw. §179.10 Enforcement,Investigations&Violations In accord with the provisions of M.G.L. Chapter 40, Sections 21D and 31 as well as every other authority and power that may have been or may hereafter be conferred upon it,the Town may enforce the provisions of this Bylaw,restrain violations thereof and seek injunctions and judgments to secure compliance with its Orders of Conditions.Without limiting the generality of the foregoing: A) Any person who violates any provision of this Bylaw or of any condition or a permit issue pursuant to it may be punished by a fine pursuant to 2006 ANNUAL TOWN MEETING-CLOSE OF WARRANT MARCH 7,2006-JAB 64 Massachusetts General Laws,Chapter 40,section 21.Each day or portion thereof during which a violation continues shall constitute a separate offense; if more than one, each condition violated shall constitute a separate offense. This Bylaw may be enforced pursuant to Massachusetts General Laws Chapter 40, section 21D, by a Town police officer, other persons having police powers, Conservation Commissioners or the Conservation Administrator. In accordance with Ch. 40 S. 21D, violators shall, at the discretion of the enforcement authorities,be charged a penalty. The penalties for violations of this Bylaw or regulations promulgated hereunder may be assessed as follows: Violation Violation/Day Alteration of any wetland resource area$ 100 identified in Section 178.2 of this Bylaw: Violation of any Order of Conditions:$ 100 Depositing any refuse,debris,yard waste or$ 100 construction material in a wetland or water body: Alteration of any stream or water body:$ 100 Any violation of any section of this Bylaw that occurs in the Lake Cochichewick Watershed:$ 100 B)In the event of a violation of this Bylaw or of any order issued thereunder,the Commission or its agents may issue a stop work order to the owner,the applicant or applicant's agent by certified mail,return receipt requested,or by posting the same in a conspicuous location on said site.Any person who shall violate the provisions of a stop work order shall be deemed in violation of the Bylaw;but the failure of the Commission to issue a stop work order for any reason shall not prevent the Town from pursuing any other legal remedy at law or in equity to restrain violations of this Bylaw or promulgated regulations and to secure compliance with its Orders. C) The Town shall be the beneficiary of all fines imposed on account of the violation of this Bylaw or promulgated regulations in order to defray the expense of enforcing the same. D)Upon request of the Commission,the Board of Selectmen and Town Counsel shall take such legal action as may be necessary to enforce this Bylaw or promulgated regulations and permits issued pursuant to it. E) Upon recommendation of the Commission, the Board of Selectmen may employ Special Counsel to assist the Commission in carrying out the legal aspects,duties and requirements of this Bylaw and promulgated regulations. §178.11 Consultant Services Account. [Section 178.11 Disapproved by Attorney General October 20,19981 All remaining provisions were approved. §178.12 Captions And Severability. The captions used herein are for convenience only and are expressly intended to have no legal or binding significance. The invalidity of any section or provision of this Bylaw shall not invalidate any other section or provision thereof,nor shall it invalidate. Or to take any other action relative thereto. Petition of Robert Ercolini and others 65 2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB Article UU(CP). Roadway Acceptances—Willow Street,Willow Street(South)Extension,Bayfield Drive and Flagship Drive. To see if the Town will vote to accept the following roadways as public ways: Willow Street,Willow Street(South)Extension, Bayfield Drive and Flagship Drive,all shown on a Street Layout Plan entitled "Street Layout Plan of Willow Street(South) Extension and Bayfield Drive `North Andover Business Park' "; prepared for Bayfield Development Company, Inc. 355 Middlesex Avenue, Wilmington MA 01887; prepared by the Neve-Morin Group, Inc., 447 Old Boston Road, Topsfield, MA 01983; scale 1" —40', dated December 21, 2004 on file with the North Andover Department of Public Works;or to take any other action relative thereto. Petition of Domenic Scalise and others Article VV(CP). Roadway Acceptance—Chatham Circle and Nantucket Drive. To see if the Town will vote to accept and name as public ways Chatham Circle and Nantucket Drive as shown on a plan of land entitled"Definitive Subdivision Plan Chatham Crossing,North Andover,Massachusetts"prepared by Andover Consultants, Inc. dated January 31, 2000, revised May 1, 2000 and June 14, 2000 and recorded with Essex North District Registry of Deeds as Plan No. 13801;or to take any other action relative thereto. Petition of Donna M.Adam and others Article WW(CP). Roadway Acceptance—Glenore Circle. To see if the Town will vote to accept as a public way Glenore Circle as shown on a plan entitle "Street Layout Plan, Located in North Andover, MA, prepared for Berrington Place, Glenore Circle, Scale 1" — 40', Date, March 2005, Christiansen & Sergi",which is on file with the Town Clerk of North Andover;or to take any other action relative thereto. Petition of Barbara D.Caruso and others Article YY(CP). Roadway Acceptance—Berrington Place. To see if the Town will vote to accept as a public way Berrington Place as shown on a plan entitle"Street Layout Plan, Located in North Andover, MA, prepared for Berrington Place, Glenore Circle, Scale 1" — 40', Date, March 2005, Christiansen & Sergi",which is on file with the Town Clerk of North Andover;or to take any other action relative thereto. Petition of Barbara D.Caruso and others Article ZZ (CP). Maintain Current Zoning Classification—651 Turnpike Street. To see if the Town will vote to maintain the current General Business(GB)classification on the property located at 651 Turnpike Street. This property was rezoned General Business(GB)at last year's May 2005 Annual Town Meeting. The property consists of 45,000 square feet, or 1.03 acres of land. A description of the property can be found on Map 25 Block 53 of the town of North Andover Assessor's Map. The property is further described in Book 03794 Page 0278 at the Essex County Registry of Deeds. The current General Business (GB) classification is consistent with the public policy considerations of Chapter 40(A)of the Massachusetts General Laws. The General Business Classification permits the most appropriate use of the land and promoted the health,safety,and welfare of the Town's residents. 66 2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB Petition of George S.Hajjar and others Article ZZ. Amend Zoning Map — 160 Pleasant Street — Assessors Map 70 — Parcel 18 From General Business(GB)to Residential 4(R4). To see if the Town will vote to amend the Zoning Map of the Town of North Andover to rezone a parcel of land located at Davis Street, with an address if 160 Pleasant Street,North Andover,MA from General Business(GB)to Residence 4(R4). Said parcel of land being a portion of North Andover Assessor's Map 70,Parcel 18 and located on the Southerly side of Davis Street approximately 86.15 feet Easterly if the intersection of Davis Street with Pleasant Street. Said parcel is more particularly bounded and described as follows: NORTHERLY by Davis Street,86.15 feet; EASTERLY by land now or formerly of Learning Center Asscoiates 96.50 feet; SOUTHERLY by other land of KSJ Realty Trust,85.16 feet;and WESTERLY by land formerly of Michael J. and Judy M. Pollizzotti, now of Scott Steinberg and Jennifer L. Steinberg, 111.50 feet Containing 8,850 square feet of land,more or less. Meaning and intending to rezone a portion of land owned by Joseph G. levis,Trustee of KSJ Realty Trust. For further reference see deed dated January 19,2005 and recorded in the North Essex Registry of Deeds,at Book 9310,Page 218;or to take any other action relative thereto. Petition of Joseph G.Levis and others Article AAA. Organization of Town Bylaw, Chapter 59, Town Meetings. To see if the Town will vote to reorganize some section numbers and section titles within Chapter 59 of the Code of the Town of North Andover(Town Meetings),without any change of existing text within the bylaw. The following changes are to correct transcription errors and numbering ambiguities in previously adopted bylaws: 1. Change title of Section 59-5, from"Reconsideration of Articles",to"Information required for consideration of articles",which was the title used when the bylaw was adopted under Article 44 of the 1988 Annual Town Meeting. 2. Establish that Section 59-6 is titled"Annual Town Meeting",as first adopted under Article 17 of the 1994 Annual Town Meeting,and contains the following two paragraphs,as voted under Article 35 of the 2000 Annual Town Meeting: "Annual Town Meeting shall be held on the first Monday in May at 7:00 p.m. In accordance with MGL Chapter 39, Section 9, which permits the Board of Selectmen to postpone by vote, an Annual Town Meeting, any such postponement 67 2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB shall be held on any weekday evening Monday through Thursday at 7:00 p.m. until all articles in the warrant have been acted upon." 3. Establish that newly-numbered Section 59-7 is titled "Votes to be Declared by the Moderator", and contains the following text, mistakenly voted to be Section 59-6, under Article 37 of the 1997 Annual Town Meeting: "The Moderator may take all votes requiring a two-thirds majority in the same manner in which he or she conducts the taking of a vote when a majority vote is required." or to take any other action relative thereto. 68 2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB And you are directed to serve this Warrant by posting true and attested copies thereof at the Town Office Building and one public place in each voting precinct in the Town, said copies to be posted not less than seven(7) days before the time of said meeting. Given under our hands this DATE NEEDED WHEN SIGNED Hereof, fail not, and make due return of the Warrant with the doings thereon to the Town at the time and place of said meeting. NORTH ANDOVER BOARD OF SELECTMEN Rosemary Connelly Smedile Chairman Mark J.T. Caggiano Thomas Licciardello Donald B. Stewart James M.Xenakis 69 2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB NORTH ANDOVER,MASSACHUSETTS Joyce A.Bradshaw,Town Clerk Attest: A True Copy: 70 2006 DRAFT ANNUAL TOWN MEETING WARRANT-2-21-2006-JAB Page 34: [1] Formatted jbradsha 2/27/2006 4:19:00 PM Font: (Default) Times New Roman, 12 pt, Not Bold Page 34: [2] Formatted jbradsha 2/27/2006 4:19:00 PM Font: (Default) Times New Roman, 12 pt Page 35: [3] Formatted jbradsha 2/27/2006 4:19:00 PM Font: (Default) Times New Roman, 12 pt