HomeMy WebLinkAboutBERNADETTE-FINANCE COMMITTEE DRAFT-APRIL 12, 2007-JAB Of NORTH Hti
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Town of North Andover
Annual Town Meeting Warrant
May 14,2007
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 14, 2007, at 7:00 PM then and there to act upon the
following articles:
Article 1. 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.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Article 2. 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 2006 Annual Town
Report.
B. Authorization of the Town Manager or Superintendent of Schools Regarding
Contracts in Excess of Three Years. In accordance with the provisions of Massachusetts
General Laws Chapter 30B, Section 12(b),to authorize the Town Manager or the Superintendent
of Schools to solicit and award contracts, except personnel contracts, for terms exceeding three
years, including any renewal, extension or option, provided in each instance the longer term is
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
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 access, 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 access,water, drainage, sewer,roadway and utility
purposes on terms and conditions the Board and Committee deem in the best interest of the
Town.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Article 3. 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,or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
FINANCE COMMITTEE EXPLANATION:
The 2006 Annual Town Meeting passed a Citizen's Petition removing health insurance benefits
for elected officials. The purpose of this action was to save the Town the substantial health
insurance costs of current and retired former officials, which at the time were estimated to be
$62,500 in current and future benefits for each year the elected official serves the Town. The
Citizen's Petition was passed by the State Legislature and signed by the Governor on February 8,
2007, and was enacted on March 10, 2007. This will save the Town approximately $49,000 in
health insurance costs for FY 2008.
The Finance Committee believes that elected officials deserve and should be paid for their
services. Therefore, we recommend the following salary and compensation of the elected
officers of the Town:
Board of Selectmen/Licensing Commissioners
Per person,per annum: $5,000
Chairman,per annum,in addition: $500
School Committee,per person,per annum: $5,000
Chairman,per annum,in addition: $500
Moderator,For Annual Town Meeting: $500
For each Special Town Meeting: $250
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Article 4. Amend General Fund Appropriation For Fiscal Year 2007 and Eliminate
Deficits in Town Account Funds. To see if the Town will vote to amend the General Fund
Appropriation for Fiscal Year 2007 as voted under Article 18 of the 2006 Annual Town Meeting
and amended under Article 7 of the July 10, 2006 Special Town Meeting, including transfers
from Free Cash; And further, to appropriate from Free Cash sums to eliminate accumulated
deficits in specific Town Accounts,as follows:
School Lunch Program Fund $312,214.24
Highway Reconstruction Fund(Chapter 90 Reimbursement) $ 191,452.19
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
Seeks to transfer from accounts with surpluses to accounts with deficits for FY2007,an action
taken to move monies to where they are now known to be required and to reduce or eliminate
the need to carry deficits into the FY2008 budget. Additionally, this Article seeks Town
Meeting approval for three transfers proposed by the Board of Selectmen:
Transfer to the School Department Joyce—this 250K
to reduce class sizes $250,000 doesn't appear in
Transfer to the School Department warrant article??
p Chni drl it nnnanr har 7
to fund School Lunch fund
Deficit 312,214
Payback of Ch. 90 deficit from prior
years 191,452
The actual amounts involved will be presented at Town Meeting.
Article 5. Amend Water Enterprise Fund Appropriation for Fiscal Year 2007. To see if
the Town will vote to amend the vote taken on Article 22 Water Enterprise Fund Appropriation-
Fiscal Year 2007 at the 2006 Annual Town Meeting on June 6,2006 as follows:
Delete in its entirety"and to operate the Water Enterprise Fund, that$5,172,001 be raised from
Water Receipts and from these receipts $534,632 be transferred to the General Fund for Indirect
Expenses and that$54,722 be transferred from Water Enterprise Fund Retained Earnings."
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And replace with "and to operate the Water Enterprise Fund, that $5,226,723 be raised from
Water Receipts and from these receipts $534,632 be transferred to the General Fund for Indirect
Expenses."
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
FINANCE COMMITTEE EXPLANATION:Here is where we fine-tune this year's Water
Enterprise budget based on experience to date. The actual amounts involved will be presented
at Town Meeting.
Article 6. Amend Capital Improvement Plan Appropriation for Fiscal Year 2007. To
see if the Town will vote to amend the Capital Improvement Plan Appropriation for Fiscal Year
2007 as voted under Article 24 of the 2006 Annual Town Meeting, or to take any other action
relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Article 7. 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.
Board of Selectmen
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Article 8. 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 listed below; or to take any other action relative
thereto.
Prior Year Invoices
FY07
Vendor Amount Department Comments
MEGA Insurance 7,101.00 Worker's Comp Ins. Balance owed after FY06 audit
2,500.00 Sewer Dept Deductible on ins claim
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MIIA Insurance #M05GL28119
Netway 19.95 Assessors Invoice lost
Dennis K Burke 10,384.00 Public works Credit memo issued twice last year
Nextel 558.16 School Lunch
AT &T 31.42 School Lunch
Staples 89.11 School Lunch Office supplies
Town of North Andover PW 138.36 School Lunch Vehicle fuel
Reid Mechanical Corp 246.97 School Lunch
Lisa&Don Carroll 3,032.50 School Dept Billed late
RCB 2,106.33 School Dept Billed late
Energenix 4,729.99 School Dept Billed late
Xerox 2,886.11 School Dept Missed monthly payment
USI Ultra Services 2,202.49 School Dept Emergency purchase
McGraw Hill 1,850.48 School Dept Emergency purchase
Pro-Ed 523.60 School Dept Never encumbered
$38,400.47
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
FINANCE COMMITTEE EXPLANATION:
Any prior year bills brought forward before Town Meeting will be included in this Article.
Typically, the current year's budget provides the money to pay such past bills. This type of
Article has a special voting requirement of 4/5ths at an Annual Meeting:
MGL Chapter 44: Section 64.Payment of bills incurred in excess of appropriations.
Any town or city having unpaid bills of previous fiscal years ... may,in the case of a town,at
an annual meeting by a four fifths vote,or at a special meeting by a nine tenths vote,of the
voters present and voting at a meeting duly called, ... appropriate money to pay such bills-, ...
Article 9. Approve Collective Bargaining Agreement between the Town of North
Andover and the International Association of Fire Fighters (IAFF), Local 2035. To see if
the Town will vote to approve a collective bargaining agreement between the Town of North
Andover and the International Association of fire Fighters (IAFF), Local 2035, for the period of
July 1, 2005 through June 30,2008 and to raise and appropriate,transfer from available funds or
otherwise provide a sum or sums of money to fund all or part of the collective bargaining
agreement;or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
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FINANCE COMMITTEE EXPLANATIONS: This article allows for the approval of pay
increase and other changes in the collective bargaining agreement for the Firefighters arrived at
through negotiations that would have to be completed prior to Town Meeting in order for the
articles to have any meaning.
Chapter 150E, section 7 of Massachusetts General Laws requires that Collective Bargaining
Agreements arrived at by the town(with the exception of teacher contracts)be brought forth to
Town Meeting for appropriation approval. If Town Meeting rejects such request for
appropriation then the contract shall be returned to the parties for further bargaining. Town
Meeting is not part of the bargaining process and therefore is limited to an up/down vote to fund
the contract and not the individual items contained therein.
Article 10. Approve Collective Bargaining Agreement Between the Town of North
Andover and the New England Police Benevolent Association (NEPBA),Local 2. To see if
the Town will vote to approve a collective bargaining agreement between the Town of North
Andover and the New England Police Benevolent Association(NEPBA) Local 2, for the period
of July 1, 2004 through June 30,2007 and to raise and appropriate,transfer from available funds
or otherwise provide a sum or sums of money to fund all or part of the collective bargaining
agreement;or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATIONS: This article allows for the approval of pay
increase and other changes in the collective bargaining agreement for the Police Officers and
Sergeants arrived at through negotiations that would have to be completed prior to Town
Meeting in order for the articles to have any meaning.
Chapter 150E, section 7 of Massachusetts General Laws requires that Collective Bargaining
Agreements arrived at by the town(with the exception of teacher contracts)be brought forth to
Town Meeting for appropriation approval. If Town Meeting rejects such request for
appropriation then the contract shall be returned to the parties for further bargaining. Town
Meeting is not part of the bargaining process and therefore is limited to an up/down vote to fund
the contract and not the individual items contained therein.
Article 11. General Fund Appropriation Fiscal Year 2008. 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, 2007
and ending June 30,2008;or to take any other action relative thereto.
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FY 2008
Finance
General Fund Expenditures Adjusted Committee/
Actual FY Budget FY Department Town Board of School
2006 2007 Requests Manager Selectmen Committee
General Government
Town Moderator $ 200 $ - $ 150 $ 150 $ 750 $ 750
Selectmen/Town Manager 241,703 231,506 268,949 268,949 281,149 281,149
Asst.Town Manager/HR 88,650 140,000 112,860 112,860 112,860 112,860
Finance&Administration 95,524 95,028 - - - -
Town Accountant 148,079 164,339 241,865 241,865 241,865 241,865
Purchasing - 35,000 35,000 70,000 70,000
Finance Committee - 500 500 500 500 500
Treasurer/Collector 244,896 223,062 284,430 274,430 274,430 274,430
Outside Auditing 47,650 54,500 54,500 54,500 54,500 54,500
Assessing 296,732 296,522 304,583 304,583 304,583 304,583
Legal 210,000 200,000 200,000 200,000 200,000 200,000
Municipal Information Systems 229,287 240,928 320,871 296,871 296,871 296,871
Town Clerk 250,030 293,351 286,509 286,509 286,509 286,509
Community Development 247,125 195,207 241,398 196,052 196,052 196,052
Planning Board 80,968 87,470 99,152 99,152 99,152 99,152
Conservation Commission 82,403 73,569 77,662 77,662 77,662 77,662
Board of Appeals 32,960 34,755 37,340 37,340 37,340 37,340
Subtotal 2,296,207 2,330,737 2,565,769 2,486,423 2,534,223 2,534,223
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FY 2008
Finance
General Fund Expenditures Adjusted Committee/
Actual FY Budget FY Department Town Board of School
2006 2007 Requests Manager Selectmen Committee
Public Safety
Police Department 3,673,355 3,828,672 4,322,730 4,053,693
Fire Department 4,047,659 4,183,645 4,134,327 4,094,327
Inspectional Services 187,294 232,592 246,567 246,567
Emergency Management 15,905 10,000 20,896 20,896
Subtotal 7,924,213 8,254,909 8,724,520 8,415,483 8,550,242 8,550,242
Education
School Department 31,272,201 31,821,272 33,492,234 33,492,234 34,167,376 36,437,381
Special Education 10,551,998 9,793,278 9,793,278 9,793,278 10,114,207
net anticipated Circuit
Breaker (812,842) - - - -
All other School Department 22,082,116 23,698,956 23,698,956 24,374,098 26,323,174
Regional Schools(GLEC) 150,561 236,000 387,040 247,800 247,800 247,800
School Building Committee 13,000 22,000 22,000 22,000 22,000 22,000
Subtotal 31,435,762 32,079,272 33,901,274 33,762,034 34,437,176 36,707,181
Public Works
Administration 267,439 313,366 327,896 327,896 327,896 327,896
Street&Sidewalks 608,643 734,336 761,231 741,231 741,231 741,231
Solid Waste/Recycling 1,219,666 1,470,483 1,567,036 1,467,036 1,421,036 1,421,036
Trash Collection - 558,384 656,887 556,887 556,887 556,887
Trash Disposal 702,032 713,194 713,194 713,194 713,194
Recycling and Hazardous
Waste 210,067 196,955 196,955 150,955 150,955
Structures&Grounds 444,286 465,513 520,269 494,769 494,769 494,769
Fleet Maintenance 253,244 250,640 253,866 253,866 253,866 253,866
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FY 2008
Finance
General Fund Expenditures Adjusted Committee/
Actual FY Budget FY Department Town Board of School
2006 2007 Requests Manager Selectmen Committee
Snow& Ice Removal 788,256 685,530 685,530 685,530 685,530 685,530
Subtotal 3,581,534 3,919,868 4,115,828 3,970,328 3,924,328 3,924,328
Health&Human Services
Health Division 182,800 167,773 178,734 178,734 178,734 178,734
Youth Services 182,962 178,113 168,512 188,445 188,445 188,445
Veterans Service 188,735 187,473 186,220 210,457 210,457 210,457
Elder Services 157,217 163,287 217,580 173,410 193,410 193,410
Subtotal 711,714 696,646 751,046 751,046 771,046 771,046
Culture&Recreation
Recreation 12,346 12,707 - - - -
Historical Commission 424 - - - - -
Stevens Library 697,123 706,227 755,725 745,725 755,725 755,725
Subtotal 709,893 718,934 755,725 745,725 755,725 755,725
Debt Service 9,621,634 9,549,405 8,776,755 8,776,755 8,776,755 8,776,755
Employee Benefits 8,961,956 10,168,518 11,364,171 10,864,377 10,940,127 10,940,127
Liability Insurance 335,345 416,516 499,819 499,819 499,819 499,819
Capital&Reserves 1,478,454 350,000 350,000 350,000 350,000 350,000
State Assessments 1,596,324 2,126,368 2,624,599 2,169,491 2,187,644 2,187,644
Grand Total General Fund 68,653,036 70,611,173 74,429,506 72,791,481 73,727,085 75,997,090
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Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Article 12. Appropriation of Funds to Reinstate Program Manager Position — North
Andover Senior Center. To see if the Town will vote to appropriate the sum of$40,000 from
available funds to be expended under the direction of the Council on Aging for the purpose of
reinstating the Program Manager position at the North Andover Senior Center effective July 1,
2007;or to take any other action relative thereto.
Petition of William P. Callahan,Jr.and others
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION: The Council on Aging has put forth this Article
in order to secure community support in the funding of the reinstatement of a$40,000 salary for
a Program Manager Position for the Senior Center. This position was not funded for FY 2006,
with a resulting adverse impact on the operations of the Senior Center,which is forced to
function with only 3.4 full time employees to service North Andover's elder population,which
numbers over 4700.
The role of Program Manager is currently being filled by the Elder Services Director, Outreach
Worker and Secretary, preventing each from fully meeting the requirements of their actual
positions. This adversely affects the Center's ability to apply for alternative funding grants,
provide outreach for the part of North Andover's senior population who needs its services the
most, and limits the Center's ability to provide a full schedule of activities and support services
for its Senior Citizens
Article 13. Raise and Appropriate Additional Funds for Fiscal Year 2008. To see if the
Town will vote to raise and appropriate the following additional funds for Fiscal Year 2008,
subject to approval by override election vote:
• $3,000,000.00 for the school department
• $500,000.00 for the remaining municipal departments.
Or to take any other action relative thereto.
Petition of Sandra Gleed and others
Board of Selectmen Recommendation: Unfavorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
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INSERT FIN COM FINAL EXPLANATION
Article 14. 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
Board of Selectmen Recommendation: Unfavorable Action
Finance Committee Recommendation: Unfavorable Action
FINANCE COMMITTEE EXPLANATION:
Stabilization funds are established under MGL Ch. 40 §513. A community may establish one or
more stabilization funds for different purposes by a two-thirds vote of its Town Meeting.
Appropriations both into and from the funds require a two-thirds vote of Town Meeting.
North Andover currently has one "general" Stabilization Fund, a "reserve for any lawful
purpose". That fund currently contains $1,117,117, or approximately 1.5% of operating
revenues.
Massachusetts Department of Revenue guidelines recommend that Towns keep in reserve a
minimum of 5% of their operating revenues. In order to meet this standard, the Town would
need reserves of at least$3.6 million. Using these funds to cover budget shortfalls will leave
no "emergency" money available. Having insufficient reserves could adversely affect the
Town's bond rating, which would increase the cost of future borrowing. Additionally, as this
is"one-time"revenue,any amounts appropriated using these funds are in jeopardy of being cut
next year. Therefore,the Finance Committee is unanimous in its position that the Stabilization
Fund not be used to build the operating budget,and the Fund not be raided further.
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Article 15. Water Enterprise Fund Appropriation-Fiscal Year 2008. 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 1,2007 and ending June 30, 2008; or to take any other action
relative thereto.
WATER ENTERPRISE
FY08
Recommendation
Town Manager
FY07 Department Board of Selectmen
Budget Request Finance Committee
Personnel 739,310 753,856 753,85
Expense 1,364,068 1,342,578 1,297,07
Debt Service 2,632,241 2,812,171 2,812,171
Sub-Total Direct Expenditures 4,735,619 4,908,605 4,863,10
Admin/Indirect 534,632 560,000 560,462
Total Water Enterprise 5,270,251 5,468,605 5,423,567
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
FINANCE COMMITTEE EXPLANATION:
The purpose of this article is to fund the Water Enterprise Fund. This fund is supported by
water usage charges.
The water rate is set by the Board of Selectmen and is estab-lished based on the total expenses
of the department,including debt service,direct and indirect expenses,and the consumption of
water by the users. Indirect costs are associ-ated with Division of Public Works supervision,
General Government costs,and fringe benefits that are related to the operation of the enterpri se
and are expensed through the General Fund Appropriation.
Water Enterprise capital improvement funding is included in the Town's Capital Improvement
Plan.
There is a possibility that the recommendations or amounts on this page may change before
Town Meeting as additional information becomes available. If necessary, an update will be
handed out at Town Meeting.
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Article 16. Sewer Enterprise Fund Appropriation-Fiscal Year 2008. 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 1,2007 and ending June 30, 2008; or to take any other action
relative thereto.
SEWER ENTERPRISE
FY08
Recommendation
Town Manager
FY07 Department Board of Selectmen
Budget Request Finance Committee
Personnel 359,606 372,928 372,928
Expense 337,089 256,477 256,477
GLSD Assessment 1,298,000 1,320,613 1,320,613
Settlement 56,000 56,000 56,000
Debt Service 1,899,805 1,871,507 1,871,507
Sub-Total Direct Expenditures 3,950,500 3,877,525 3,877,525
Admin/Indirect 253,989 270,000 299,238
Total Sewer Enterprise 4,204,489 4,147,525 4,176,763
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
FINANCE COMMITTEE EXPLANATION:
The purpose of this article is to fund the Sewer Enterprise Fund. This fund is supported by
sewer usage charges.
The sewer rate is set by the Board of Selectmen and is established based on the total expenses
of the department,including debt service,direct and indirect expenses,and the consumption of
water by the users connected to the municipal sewer system. Indirect costs are associated with
Division of Public Works supervision, General Government costs, and fringe benefits that are
related to the operation of the enterprise and are expensed through the General Fund
Appropriation.
Sewer Enterprise capital improvement funding is included in the Town's Capital Improvement
Plan.
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Article 17. Stevens Estate at Osgood Hill Enterprise Fund Appropriation -Fiscal Year
2008. To see if the Town will vote to appropriate from Stevens Estate at Osgood Hill
Enterprise Fund Revenues,transfer from available funds or otherwise provide a sum or sums of
money for the purpose of funding the Stevens Estate at Osgood Hill Enterprise Fund for the
Fiscal Year beginning July 1,2007 and ending June 30,2008;or to take any other action relative
thereto.
STEVENS ESTATE
AT OSGOOD HILL ENTERPRISE
FY08
Recommendation
Town Manager
FY07 Department Board of Selectmen
Budget Request Finance Committee
Personnel 204,181 186,200 186,200
Expense 256,982 262,409 262,409
Debt Service 0 0 0
Sub-Total Direct Expenditures 461,163 448,609 448,609
Admin/Indirect 83,119 71,391 71,391
Total Stevens Estate Enterprise 544,282 520,000 520,000
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
FINANCE COMMITTEE EXPLANATION:
The primary purpose of the 'Stevens Estate at Osgood Hill Enterprise' is the preservation of the
Town's Osgood Hill property by renting out the historic Stevens Estate as a conference center and
reception hall. User charges collected from the use of the Estate pay all operational charges and
all related Town overhead charges, and also pay for required maintenance and a modest amount
of improvements each year.
All money expended will come from current user charges or from previously accumulated
revenues.
The property has two important and distinct purposes; (1) preservation of open space and
protection of our reservoir, on whose shores the property sits, and (2) preservation of an
outstanding, historic, and useful structure.
Currently, the annual debt service for the property, principal and interest both, are paid from our
General Fund. This is consistent with the original method and purpose of purchasing the property
(using a debt exclusion to purchase property for preservation).
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There is a possibility that the recommendations or amounts on this page may change before Town
Meeting as additional information becomes available. If necessary, an update will be handed out at
Town Meeting
Article 18. 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 1/2 for the Fiscal Year beginning July 1,2007-,or to take any other action
relative thereto.
Revaluing Fund Accounts
Account FY 2008
Number Revolving Fund Authorized to Spend Use of Funds Revenue Source Limit
1. Assistant Town Manager All programs and Participants'fees,
022-5423- Youth Services Revol activities,expense, Grants,Donations,and
3437 part time help related Fundraising $250,000
proceeds
2. Field Maintenance Director-Division of Public Field maintenance, Field rental fees,Grants,
022-4925- Works upgrade and related Donations,and related $ 40,000
3077 expenses Fundraising proceeds
3. Participants'fees,
022-5590- Elder Services Senior programs, Grants,Donations,and $50,000
3564 -COA Revol Assistant Town Manager classes and activities related Fundraising
proceeds
4. Director-Community Clinic supplies and Clinic participant fees,
022-5102- Health Dept Development Division other related Grants,Donations,and
3424 Revolving materials related Fundraising $20,000
proceeds
5. 022-4306- Wheelabrator Director-Community Air quality monitoring Wheelabrator Host
3008 Planning Development Division Community Agreement $25,000
6. 022-4307- Wheelabrator Public Director-Community To enforce Trash Wheelabrator Host
3083 Safety Development Division Truck regulations Community Agreement $20,000
7. 022-4308- Wheelabrator-Health Director-Community Protection of health, Wheelabrator Host
3649 Development Division safety and monitoring Community Agreement $40,000
the air quality
8. 022-4309- Health Dept-Food Director-Community Food Consultant fees Inspection Fees $10,000
3084 Inspections Development Division and expenses related
to program
9. 022-4310- HealthDept-Septic Director-Community Septic Consultant Inspection Fees $ 40,000
3085 Inspections Development fees and expenses
related to program
Total: $495,000
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Revolving Fund Account Receipt '6tid Expenditures
FY06 Receipts Expenditure
Account Revolving Balance FY06 Expenditu Balance thru s thru
Number Fund 7/1/05 Receipts res 06/30/06 2/28/07 2/28/07 Balance
1 Youth Services
022-5423- Revol $256,054 $205,327 $(195,361) $266,020 $ 73,213 $(163,156) $176,077
3437
2 Field
022-4925- Maintenance $ 700 $ 26,050 $ $ 26,750 $ 150 $ (6,600) $20,300
3077
3 Elder Services
022-5590- -COA Revol $8,275 $19,447 $(25,784) $ 1,938 $11,213 $(7,089) $ 6,061
3564
4 Health Dept
022-5102- Revolving $15,489 $ 3,989 $ (8,316) $11,162 $ 22,404 $ (23,788) $9,777
3424
5 Wheelabrator
022-4306- Planning $69,692 $25,000 $(18,016) $76,677 $25,000 $ (24,982) $76,694
3008
6 Wheelabrator
022-4307- Public Safety $72,154 $12,205 $(13,176) $ 71,183 $ 9,300 $ (3,436) $77,047
3083
7 Wheelabrator-
022-4308- Health $ 67,545 $ 2,500 $(21,155) $48,890 $ - $ (26) $48,864
3649
8 Health Dept-
022-4309- Food $ 33,430 $20,970 $(13,903) $40,498 $15,075 $ (395) $55,178
3084 Inspections
9 Health Dept-
22-4314 Septic $ 32,661 $33,246 $(35,827) $30,081 $15,145 $(19,107) $26,119
3085 Inspections
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
FINANCE COMMITTEE EXPLANATION:
This article seeks to reauthorize several existing revolving funds. Under Massachusetts General
Laws (excerpted below), certain revolving funds are required to be annually reauthorized by vote
of Town Meeting. The authorization must include the purpose and programs for which funds may
be spent, which revenues will be credited to the fund, who is authorized to expend fund money,
and a limit on the total expenditures allowed in the year.
Revolving Funds provide an effective means of accounting for expenses that are supported by
fees and donations; in other words, expenses that are"self-funded". In some cases, these Funds
allow for the continuation of services that might otherwise become a casualty of budget cutting by
directing revenues into these specific Funds instead of into the General Fund. It encourages
Department Heads and interested citizens to find alternate means of supporting an initiative.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
The Finance Committee supports the use of Revolving Funds for their intended purposes, as
these are.
MGL Chapter 44: Section 53E 1/2 Revolving funds
... a city or town may annually authorize the use of one or more revolving funds by one or more
municipal agency, board, department or office which shall be accounted for separately from all
other monies in such city or town and to which shall be credited only the departmental receipts
received in connection with the programs supported by such revolving fund. Expenditures may be
made from such revolving fund without further appropriation, subject to the provisions of this
section; provided, however, that expenditures shall not be made or liabilities incurred from any
such revolving fund in excess of the balance of the fund nor in excess of the total authorized
expenditures from such fund, ...
Interest earned on any revolving fund balance shall be treated as general fund revenue of the city
or town. ...
A revolving fund established under the provisions of this section shall be by vote of the annual
town meeting in a town, upon recommendation of the board of selectmen, ... Such authorization
shall be made annually prior to each respective fiscal year; provided, however, that each
authorization for a revolving fund shall specify: (1) the programs and purposes for which the
revolving fund may be expended; (2) the departmental receipts which shall be credited to the
revolving fund; (3)the board, department or officer authorized to expend from such fund; (4)a limit
on the total amount which may be expended from such fund in the ensuing fiscal year; ...
In any fiscal year the limit on the amount that may be spent from a revolving fund may be
increased ... with the approval of the selectmen and finance committee, if any, in a town; ...
The board, department or officer having charge of such revolving fund shall report to the annual
town meeting ... the total amount of receipts and expenditures for each revolving fund under its
control for the prior fiscal year and for the current fiscal year through December thirty-first, or such
later date as the town meeting or city council may, by vote determine, and the amount of any
increases in spending authority granted during the prior and current fiscal years, together with
such other information as the town meeting or city council may by vote require.
At the close of a fiscal year in which a revolving fund is not reauthorized for the following year, or
in which a city or town changes the purposes for which money in a revolving fund may be spent in
the following year, the balance in the fund at the end of the fiscal year shall revert to surplus
revenue unless the annual town meeting ... vote to transfer such balance to another revolving
fund established under this section.
http://www.state.ma.us/legis/laws/mql/44-53e.5.htm
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Article 19. Report of the Community Preservation Committee and Appropriation From
the Community Preservation Fund. To receive the report of the Community Preservation
Committee and to see if the Town will vote to raise, borrow and/or appropriate from the
Community Preservation Fund, in accordance with the provisions of Massachusetts General
Laws Chapter 4413, a sum of money to be spent under the direction of the Community
Preservation Committee;or to take any other action relative thereto.
List of Appropriations— Community Preservation Fund
Description Amount Category
a) The Greenery—Neighborhood of $1,000,000 Affordable Housing
Affordable Housing(NOAH)
proposal to create 42 new affordable
housing units.
b) Town Common—Rehabilitation of $330,000 Historic Preservation
drainage system
c) Restoration of Historic Town Records $40,000 Historic Preservation
—Phase III
d) Stevens Estate Restoration— $100,000 Historic Preservation
Windows
e) Stevens Estate Restoration—Interiors $95,000 Historic Preservation
I) Rehabilitation of Sharpners Pond $39,000 Recreation
Recreation Area
g) Rehabilitation of Middle School and $18,400 Recreation
Grogan's Field
h) Principal and interest expenses:Half $1,658,061 Open Space Protection
Mile Hill Summit and Sunnyridge
(Cullen property)
i) Administrative Costs $5,000 Administration
Total 2007 Appropriations $3,285,461
Community Preservation Committee
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
Report of the Community Preservation Committee and Appropriation from Community
Preservation Fund.
The Community Preservation Act(CPA)addresses community issues such as acquisition and
preservation of open space,creation and support of affordable housing,acquisition and
preservation of historic buildings and landscapes,and creation and support of recreational
opportunities. The CPA was adopted at a Special Town Meeting in January 2001,and by the
voters at the following Town Election in March of the same year. As adopted,it levies a 3%
surcharge on property taxes with two exemptions: $100,000 off of the value of every residential
property,and a complete exemption on property owned and occupied by people who qualify for
low-income housing or low-or moderate-income senior housing.
State matching funds are disbursed each October for the preceding fiscal year. The CPA was
required to remain in effect for at least five years,an obligation that was met from FY'02 to
FY'06. Surtaxes must continue until all debt has been retired. The process for revoking or
reducing the surcharge is the same as that used for adoption(Town Meeting followed by Ballot
Election).
The Community Preservation Committee (CPC) annually recommends how funds should be
spent or set aside for future spending among the allowable categories of a) open space, b)
historic preservation; c)affordable housing;and d)land for recreational use,with a minimum of
10%required in each of the fast three categories. In addition, a maximum of 5%may be spent
on administrative expenses by the CPC. Town Meeting may either approve or reduce the
recommended expenditures,but cannot add to them.
Article 20. Continuation of MGL Chapter 59 Section 5C — Senior Work Program —
Increase Funding to 513,000. To see if the Town will vote to continue the provisions of
Massachusetts General Laws Chapter 59 Section 5C— Senior Work for a total authorization of
$13,000;or to take any other action relative thereto.
Council on Aging
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
FINANCE COMMITTEE EXPLANATION:
The Motion under this Article may be:
MOVE that the Town continue the provisions of Massachusetts General Law, Chapter 59
Section 5K; provided, however, that any rules and regulations promulgated by the Board of
Selectmen to implement this program establish an amount to be allocated under this program
not to exceed$13,000.
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The law referred to provides in substantial part that:
Chapter 59:Section 5K.Property tax liability reduced in exchange for volunteer services;
persons over age 60
Section 5K. In any city or town which accepts the provisions of this section, the board of
selectmen of a town ... may establish a program to allow persons over the age of 60 to
volunteer to provide services to such city or town.In exchange for such volunteer services, the
city or town shall reduce the real property tax obligations of such person over the age of 60 on
his tax bills and any reduction so provided shall be in addition to any exemption or abatement
to which any such person is otherwise entitled and no such person shall receive a rate of or be
credited with, more than the current minimum wage of the commonwealth per hour for
services provided pursuant to such reduction nor shall the reduction of the real property tax
bill exceed$750 in a section. ...
In 2007, with the increase in the Common Wealth minimum wage to $7.50, only sixteen
seniors could be accommodated under the FY 2007 $12,000 limit. This Article would increase
the amount to $750 per person per year for seventeen seniors ($7.50/hour * 100 hours/year=
$750/year* 17 people=$12,750). Participants are selected by lottery if more than 17 apply.
The funds to implement this Article do not come directly from the General Fund. They come
from the Overlay, the money set aside each year from taxes raised to pay for abatements,
exemptions, and tax reductions. However, while the funds do not come directly from the
General Fund, this Article does have the same overall effect as taking this money from the
General Fund since all money left over in the Overlay is eventually returned to the General
Fund as surplus.
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Article 21. Capital Improvement Plan Appropriation Fiscal Year 2008.
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 as detailed below; or to take any other action
relative thereto.
Recommendations
Line# Project Description Requested
1 Town/School Data Network $ 445,000
2 Improvements to Senior Center $ 250,000
3 Library Technology $ 75,000
4 Radio Fire Alarm Box $ 160,000
5 Ambulance Replacement $ 156,539
6 Out-Country Fire Station $ 500,000
7 Replace Roof on Fire Station 2 $ 30,000
s Four Wheel Drive Vehicle $ 39,174
9 Computer Infrastructure Upgrades-Police Department $ 113,037
10 Upgrade Police Radios $ 228,480
11 Underground Storage Tank Monitoring System $ 25,000
12 Roadway(Unaccepted) Improvements $ 574,994
13 Sidewalk Construction $ 114,700
14 Equipment-1 Ton Dump $ 36,000
15 Equipment-Dump Truck w/sander $ 134,000
16 Equipment Cab and Platform Truck $ 114,000
17 Kittredge School Elevator/Handicap Accessibility $ 665,000
18 Carpet Replacement Middle&Sargent Schools $ 110,000
General Fund Total $ 3,770,924
19 Water Main Rehab $ 650,000
20 Meter Replacement Program $ 350,000
21 Equipment Pick up Truck $ 35,000
22 Ozone air compressor $ 54,000
Water Enterprise Fund Total $ 1,089,000
23 Waverly Road Relief Sewer Main $ 3,693,420
24 Equipment Pick up Truck w/crane $ 53,000
Sewer Enterprise Fund Total $ 3,746,420
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
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FINANCE COMMITTEE EXPLANATION:
A capital improvement is a major, non-routine expenditure for new construction, major equipment
purchase, or improvement to existing buildings,facilities, land, or infrastructure, with an estimated
useful life of five years or more, and a cost of$25,000 or more.
Department supervisors submit a list of capital improvement requirements to the Town Manager in
order of priority. The Town Manager applies a criteria formula to all items. The formula combines
and prioritizes requests from all departments. The Town Manager then recommends which items
should be implemented in the current year. The Selectmen then possibly revise and approve the
plan, as does the Finance Committee.
There is a possibility that the recommendations or amounts on this page may change before
Town Meeting as additional information becomes available. If necessary, an update will be
handed out at Town Meeting
Article 22. Appropriation of Funds — Town Owned Buildings into New Police Station.
To see if the Town will vote to appropriate a sum of money for the purpose of rehabilitating a
town owned building into a new police station, and any costs incidental or related thereto, to
determine whether this appropriation shall be raised by a transfer from unexpended bond
proceeds,or otherwise,to see if the Town will vote to amend the vote passed June 5,2006 under
Article 24, Capital Improvement Plan Appropriation Fiscal Year 2007, of the warrant for the
2006 Annual Town Meeting to change the purpose of the appropriation and borrowing
authorized pursuant to Item 5: Building Repairs — Police Station, of said Article 24 to be as
follows: "rehabilitating town owned buildings into a new police station", or to take any other
action relative thereto.
Petition of Mark H.Rees and others
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
Article 23. Accept Resolution Regarding State Funding. To see if the Town will vote to
adopt the following resolution:
Whereas: The Town of North Andover has,in the past three years,reduced many municipal
and educational services including the elimination of numerous positions,
Whereas: North Andover is overly dependent upon property taxes to fund its services and as
a result the property tax burden in North Andover is one of the highest in the state,
Whereas: As a political subdivision of the Commonwealth of Massachusetts, North
Andover is compelled by state law and regulations to adhere to many state mandates including
the prevailing wage law,collective bargaining statutes and educational requirements,particularly
in the area of special education.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
Whereas: In recent years, the Commonwealth has begun to restore local aid allocations to
levels that were in existence prior to FY2003,
Whereas: Even with modest increases in state aid, North Andover still receives one of
lowest amounts of state aid relative to other communities,
Now therefore be it resolved by the North Andover Town Meeting, that we hereby petition our
legislators in the General Court to take what ever steps are necessary to:
1) Address the inequities that currently exist in the state aid distribution formulas,
2) Provide for a consistent revenue sharing plan that allocates a sufficient portion of
the state budget to assist municipal governments,
3) Eliminate laws and regulations that put an undue financial burden on cities and
towns or as an alternative provide full funding to pay for implementation of these
mandates
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Finance Committee Explanation: This Article is a non-binding resolution asking the Town's
legislators to advocate for increased State funding, primarily by addressing a distribution formula
felt to be inequitable to the Town, and by eliminating"unfunded mandates." The Article does not
compel any action by the Legislature; however, it extols action from our elected representatives
and senators.
Article 24. Amend Town Charter—Insert Chapter 12—Web Access to Public Records.
To see if the Town will to Amend Town Charter By inserting Chapter 12 entitled"Web Access
to Public Records"to read as follows:
The Town of North Andover, through its intemet web sites, will make available for public
viewing, on the Town of North Andover Official Web Site and/or the Town of North Andover
School Department Official Web Site,all Substantive Public Records under its control as defined
by Massachusetts General Laws Chapter 4, Section 7, item-Twenty-Six. All records withheld
will be identified along with the reason for the decision not to make them public and the person
designated by the Town or the School Department to make that decision.
The requirements of this Chapter shall be phased in over a ten year period from enactment of
this Chapter by the Voters under the direction of the Selectmen and School Committee with an
emphasis of more current substantive information being made available on a contemporaneous
basis through scanning of substantive documents as they are received and the providing of
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
public viewing access to appropriate sections of the Town and School computer systems within
three years from the date of enactment. This Chapter shall not require the publication through
the aforementioned web sites of meaningless or outdated "Public Records" and shall only
require the publication of Substantive Public Records and all documents requested by citizens of
the Town of North Andover.
It is the intention of this Article to be submitted to the voters of the Town of North Andover at the
next annual town wide elections after and subject to a 213's approval vote at North Andover's
May, 2007 Annual Town Meeting in accordance with Chapter 43B Section 10 of the
Massachusetts General Laws.
Petition of Robert Ercolini and others
Board of Selectmen Recommendation: Unfavorable Action
Finance Committee Recommendation: Unfavorable Action
FINANCE COMMITTEE EXPLANATION:
This proposal has significant costs associated with it in terms of both personnel and equipment.
The Town Clerk/Keeper of Records for the Town estimates it would cost in excess of
$425k/yr. General Bylaw 59-5A requires that"The sponsor of any Article requiring the raising
and/or appropriation of town funds shall provide to the Town Manager and to the Finance
Committee"information on associated costs shortly after the submission of the article.No such
cost information has been provided, and the Finance Committee has again requested it from
the petitioner.
The overall intent of this proposal is to provide greater transparency of the town government
and administration; however, the town would have to hire a staff to review the records to
determine whether they constitute a substantive public record. Records withheld from posting
also require a "reason for the decision not to make them public," further adding to the cost,
along with the need for staff and equipment to receive,file,and scan the records. Finally,there
is a potential for liability if a non-public document is disclosed in error.
Article 25. Amend General Bylaws—Chapter 59—Town Meetings—Add New Section—
Section 8 — Procedures for Disclosure, Initial Funding and Appropriation of Labor
Contracts involving expenditures in excess of 5500,000 in order to be submitted for funding
to be appropriated at Town Meeting and,if applicable,for approval at Town Meeting. To
see if the Town will vote to adopt the following General By-Law:
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
"Procedures for Disclosure, Initial Funding and Appropriation of Labor Contracts involving
expenditures in excess of$500,000 in order to be submitted for funding to be appropriated at
Town Meeting and,if applicable,for approval at Town Meeting.
Section 1: Town and School Department Labor Contracts:
A: Town Labor Contract:
Any Town labor contract to be presented to Town Meeting for initial funding and approval that
provides for total annual cost increases including payroll and payroll related costs (as defined in
Section 3) that are in excess of two and one-half percent(2 1/2%) for any year of the contract
and therefore, by definition herein, are anticipated to require the reduction of Town or School
Department employees and/or services to residents to fund such contract, the Selectmen must
disclose the complete terms of the proposed contract on the Town's web site at least ninety days
prior to the Selectmen's approval of the contract along with their specific proposed reductions in
Town and/or School Department employees and/or services that will be required to fund such a
contract for each year of the proposed contract as well as the annual and cumulative estimated
dollar amount of annual increases that are in excess of two and one-half percent (2 ''/z%) of the
preceding year's payroll and payroll related costs.
B: School Department Labor Contract
Any School Department labor contract to be presented to Town Meeting for funding within the
School Department's budget that provides for total annual cost increases including payroll and
payroll related costs(as defined in Section 3)that are in excess of two and one-half percent(2'/2
%) for any year of the contract and therefore,by definition herein, are anticipated to require the
reduction of Town or School Department employees and/or services to residents to fund such
contract,the School Committee must disclose the complete terms of the proposed contract on the
School Department's Web site at least ninety days prior to the School Committee's approval of
the contract, along with the specific proposed reductions in Town and/or School Department
employees and/or services that will be required to fund such a contract for each year of the
proposed contract as well as the annual and cumulative estimated dollar amount of annual
increases that are in excess of two and one-half percent(2 ''/z%) of the preceding year's payroll
and payroll related costs.
Section 2: Complete Details of Proposed Labor Contracts Required to be disclosed on the
respective Town and School Department Web sites and be available at the Town Clerk's office.
A copy of the proposed contract,including identification of any items changed from the terms of
the prior contract, as well as a detailed compilation of all payroll and payroll related costs for
each employee and/or position included in any contract in Sections IA and 1B by employee
name and/or position, total wages proposed in each contract year and the estimated payroll
related costs,as defined in Section 3,for all benefits to be provided to each employee by position
including maximum estimated current and retirement health insurance costs (regardless of
whether the employee is currently insured under the town's health insurance plan), estimated
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
pension retirement costs,maximum allowances by hours and costs for sick time,personnel time,
bereavement time,holiday time,vacation time and other time not required to be working as well
as minimum actual hours required to work per terms of the proposed contract. The computation
for retirement health and pension benefits shall be computed on an actuarial method based on
each employee's age and expected benefit cost amortized over the employee's expected period
of employment assuming retirement at the earliest age the employee shall be able to receive
maximum benefits provided.
Section 3: Definitions and Procedures
Payroll and payroll related cost increases shall be defined as the total annual payroll cost increase
in a contract for each employee plus estimated annual increases in payroll related costs,
including,but not limited to, all employee benefits such as additional time off, employee 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 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 assignable 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 and/or Schools.
The determination of the percentage increase provided for in any new labor contract shall be
made by the Board of Selectmen or the School Committee who shall make public their
computations in the information required to be presented on the respective web sites and
available at the Town Clerk's office at least ninety days prior to approval of any contract
identified in Section 1 by the Selectmen or School Committee.
The Finance Committee shall issue appropriate rules and/or regulations in order to implement the
requirements of this By-Law and shall make the final determination as to whether the
requirements have been met by The Selectmen and School Committee.
Section 4: Other Provisions
Failure to comply with this By-Law shall prevent Town Meeting from taking any action on the
proposed contracts or budget line items in which they are included,including appropriation and
funding thereof; or to take any other action relative thereto.
Petition of Robert Ercolini and others
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: Unfavorable Action
Article 26. Amend Town Charter — Chapter 2, Section 8- Add New Section 2-8-4 —
Requirements for Disclosure, Initial Funding and Appropriation of Labor Contracts
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
involving Expenditures in excess of 5500,000 in order to be submitted for funding to be
appropriated at Town Meeting and,if applicable,for approval at Town Meeting. To see if
the Town will vote to Amend Town Charter as follows:
Chapter 2,Section 8 By adding Section 2-8-4 entitled "Requirements for Disclosure,Initial
Funding and Appropriation of Labor Contracts involving expenditures in excess of
5500,000 in order to be submitted for funding to be appropriated at Town Meeting and,if
applicable,for approval at Town Meeting":
The Town of North Andover shall adopt a By-Law that provides for public disclosure by fiscal
years of the total estimated increased costs to be incurred by the Town of North Andover for any
proposed labor contract involving annual expenditures in excess of$500,000 that are anticipated
to increase current employee payroll and all payroll related costs by more than two and one-half
percent (2 ''/2%) over the previous year's costs, at least ninety days prior to the execution of the
proposed contract by the Selectmen for Town employee contracts and by the School Committee
for all School Department employee contracts in order for them to be eligible for submission to
Town Meeting for appropriation funding and,if applicable,for approval of the contract.
The By-Law shall also require, to the extent permitted by law, the aforementioned contracts be
submitted to Town Meeting as a separate budget line item and fully detailed in the Town
Meeting warrant.
It is the intention of this Article to he submitted to the voters of the Town of North Andover at
the next annual town wide elections after and subject to a 213's approval vote at North
Andover's May, 2007 Annual Town Meeting in accordance with Chapter 43B Section 10 of
the Massachusetts General Laws.
Petition of Robert Ercolini and others
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: Unfavorable Action
Articles 25 and 26 are proposed town Charter and By-Law revisions that relate to the collective
bargaining agreement(CBA)process in North Andover(union contracts). Under current policy,
CBAs are negotiated in private by the Town Manager, Selectmen and School Committee
respectively. Once a CBA is negotiated,it is executed by the respective group and brought to
Town Meeting for funding. Generally,the details of the contracts are kept secret until after they
are executed. These articles are trying to open up the process. There are several parts of these
articles.
The article would apply to any CBA,over$500k,where the total cost of ownership(salary and
benefits)of the contract would exceed a 2.5% increase over the previous year. This,of course,
relates to the towns limited ability to raise taxes beyond 2.5%each year without an operating
budget override.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
The major part of this article,provides for a"sunshine"period whereby the details of any
contract must be made public for at least 90 days prior to their execution. This will allow
interested parties,in town,to provide feedback to the respective town leaders prior to their
execution. It is felt by the petitioner(and the FINCOM?) that this will allow more consideration
of the affordability of a contract before the town is locked in. This requirement will apply
equally to both municipal and teacher related contracts.
Another important part of this article is the requirement that CBAs be brought forth at town
meeting as discrete warrant articles,where allowed by law(currently it is felt that teacher
contracts cannot be brought forth as separate warrant articles). Currently,CBA's are implicitly
approved within the general budget and not as separate warrant articles. Again,it is felt that this
will allow for a more direct debate at town meeting about the affordability of any particular
CBA.
Because of the relative complexity of this article it is brought forth as both a Charter revision and
a new By-Law. This follows the policy of keeping the town charter language brief,and putting
the details in a new By-Law. Both articles must be passed for these changes to become effective.
If town meeting,approves these articles,they will be sent to the state Attorney General,who will
validate that they are not inconsistent with state law,and then they will be voted on by the entire
town at the next general election.
Article 27. Amend Zoning Bylaw — Add New Section — Section 17 - OSGOOD
SMART GROWTH OVERLAY DISTRICT. To see if the Town will vote to amend the
Zoning Bylaw for the Town of North Andover by adding a new Section-Section 17 — Osgood
Smart Growth Overlay District to read as follows:
SECTION 17.0 OSGOOD SMART GROWTH OVERLAY DISTRICT(OSGOD)
17.1 Purpose
It is the purpose of this Section to establish an Osgood Smart Growth Overlay District and to
encourage smart growth in accordance with the purposes of G. L. Chapter 40R,and to foster a
range of housing opportunities along with a mixed-use development component,to be proposed
in a distinctive and attractive site development program that promotes compact design,
preservation of open space,and a variety of transportation options,including enhanced
pedestrian access to employment and nearby rail access. Other objectives of this Section are to:
1. Promote the public health,safety,and welfare by encouraging diversity of housing
opportunities;
2. Provide for a full range of housing choices for households of all incomes,ages,and sizes
in order to meet the goal of preserving municipal character and diversity,
3. Increase the production of a range of housing units to meet existing and anticipated
housing needs,
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
4. Provide a mechanism by which residential development can contribute directly to
increasing the supply and diversity of housing,
5. Establish requirements, standards,and guidelines,and ensure predictable,fair and cost-
effective development review and permitting,
6. Establish development standards to allow context-sensitive design and creative site
planning,
7. Enable the Town to receive Smart Growth Educational Aid payments for school children
which may reside in residential developments within the OSGOD pursuant to G.L.
Chapter 405,and which are available only for new developments in 40R Smart Growth
Zoning Overlay Districts;and
8. Enable the Town to receive Zoning Incentive Payments and/or Density Bonus Payments
in accordance with G. L. Chapter 40R and 760 CMR 59.06 arising from the development
of housing in the Osgood Smart Growth Overlay District.
17.2 Definitions
For purposes of this Section 17.0,the following definitions shall apply. All capitalized terms
shall be defined in accordance with the definitions established under the Enabling Laws or this
Section 17.2,or as set forth in the rules and regulations of the Permit Approval Authority
('Regulations"). To the extent that there is any conflict between the definitions set forth is this
Section 17.2 or the Regulations and the Enabling Laws,the terms of the Enabling Laws shall
govern.
1. Accessory Building—A detached building,the use of which is customarily
subordinate and incidental to that of the principal building or buildings,whether
or not located on the same lot.
2. Accessory Use—A use of a parcel customarily subordinate and incidental to the
principal use of the lot,or a neighboring lot in the case of a use pursuant to an
easement,or to a structure on the lot,or on a neighboring lot in the case of a
structure erected and maintained pursuant to an easement.
3. Administering Agency—The local housing authority or other qualified housing
entity designated by the PAA,pursuant to Section 17.8.6,to review and implement
the Affordability requirements affecting Affordable Housing in Projects under
Section 17.8.
4. Affordable Homeownership Unit-An Affordable Housing Dwelling Unit
required to be sold to an Eligible Household.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
S. Affordable Housing-housing that is affordable to and occupied by Eligible
Households.
6. Affordable Housing Restriction-A deed restriction of Affordable Housing
meeting statutory requirements in G.L. c. 184, Section 31 and the requirements of
Section 17.8 of this Bylaw.
7. Affordable Rental Unit-an Affordable Housing Dwelling Unit required to be
rented to an Eligible Household.
8. Applicant—A person that files an application for Plan Approval and/or special
permit and/or other approval pursuant to this Section 17. If the Applicant is not
the owner of the real property on which the development is proposed,then the
Applicant,as part of the application or notice shall obtain the owner's written
authorization to file such application or notice. Such written authorization may
take the form of pre-existing agreements or instruments including,without
limitation, signed purchase and sale agreement(s)and signed easement(s)
(whether or not yet recorded),or a written letter of authorization from the owner
of the real property.
9. As-of-Right Project-Means a development of residential or non-residential under
zoning without recourse to a special permit,variance,zoning amendment,or other
form of zoning relief. A proposed development that requires a special permit
pursuant to this Section 17.0 shall not be considered an As-Of-Right Project.
10.Building—A combination of any materials,whether portable or fixed,having a
roof,to form a structure for the shelter of persons,animals,processes or property.
For the purpose of this definition,"roof' shall include an awning or any similar
covering,whether or not permanent in nature. The word"building"shall be
construed,where the context requires,as though followed by the words"or part of
parts thereof"
11.Building Area—The aggregate of the maximum horizontal cross-sectional area of
all buildings on a lot exclusive of cornices,eaves,gutters,chimneys,unenclosed
porches,bay windows,balconied and terraces.
12.Building Height-Measured from the average ground height adjoining at the
exterior walls of a building to highest point on the roof of the building,exclusive
of decorative cupolas,weather vanes,chimneys and vent structures,antennas,
satellite dishes,mechanical penthouses and other structures or enclosures not
intended for human habitation.
13.Design Standards—Means provisions of Section 17.11 made applicable to
developments within the OSGOD that are subject to the Plan Approval process.
14.Development 4919.. r .,.OF01„i P,-„;o,.t i,,,.,,.oa eO Of of 30
APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
rE�rrr 1 1 rr Any type of
construction not defined as a"Project".
-14.15. DHCD—Department of Housing and Community Development of the
Commonwealth of Massachusetts,and any successor agency.
15.1 6. Driveway or Drive Lane—A portion of a lot designed for vehicular
access to off-street parking or loading space or to a garage,whether or not located
on the same development real property. For purposes of this Section 17,a
Driveway or Drive Lane is distinguished from a"Roadway"as defined below.
x;17, Dwelling Unit—One(1)or more living,kitchen and sleeping room(s)
providing complete living facilities for the use or one(1)or more individuals
constituting a single housekeeping unit,with permanent provisions for living,
sleeping,eating,cooking and sanitation,but not including mobile homes or
trailers,however mounted,or commercial accommodations offered for transient
occupancy of less than one month's duration.
f7-.L18. Eligible Household-An individual or household whose annual income
is less than 80 percent of the area-wide median income for the Lawrence MA-NH
HMFA(HUD Metro FMR Area)as determined by the United States Department
of Housing and Urban Development(HUD),adjusted for household size,with
income computed using HUD's rules for attribution of income to assets.
'IX19. Enabling Laws-G.L. Chapter 40R and 760 CMR 59.00.
W.20. Fast Food Establishment—An establishment whose primary business is
the sale of food upon a very short waiting time,served primarily through a drive-
through facility,and which,because of the nature of the operation,causes or is a
major contributor to a large volume or frequent turnover of vehicular traffic.
21, Floor Area,Gross—Gross floor area shall be the floor area within the
perimeter of the outside walls of the building without deduction for hallways,
stairs,closets,thickness of walls,columns or other features.
24-.22, Floor Area Ratio—The ratio of the floor area to the development site
area defined in the Application,as determined by dividing the Gross Floor Area
by the land area of the site which is the subject of the development defined in the
Application.
2-2-.23, Landscaped Buffer—A planted area intended to provide,when mature,
a visual screen between uses. Landscaped buffers may include existing
vegetation,new plantings and/or lawn areas. Fencing may form a part of the
landscaped buffer or screening where appropriate or dictated by topography or
other consideration.
2-A-21, Landscaping—Improvements to land to enhance its attractiveness and
facilitate its use and enjoyment. Landscaping may include walks,terraces and the
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
like, fencing, stone walls or other decorative walls,site furnishings,grading and
reshaping of earth contours,planting,and lawn areas. Landscaping may also
include existing natural areas indicated to remain and/or be renovated.
24.25, Lot Coverage-The gross floor area for principal and accessory
structures permitted on a site.
25;-26, Mixed-Use Development Project—A development containing a mix of
residential uses and non-residential uses,as allowed in Section 17.6,and subject
to all applicable provisions of this Section 17.
2427, Multi-family Residential Use—Apartment or condominium Dwelling
Units m one or more buildings,each of which buildings contains or will contain
more than three(3)such Dwelling Units.
2-7-.28. Open Space-The portion of a site within the OSGOD not occupied by
buildings,parking,garages,roadways,driveways and drive lanes,but which shall
include,among other areas,all landscaped areas,all un-built areas,all sidewalks
and walkways,and all swimming pools,tennis courts and other recreational
facilities primarily open to the sky,whether or not landscaped.
28,29, OSGOD—The Osgood Smart Growth Overlay District established in
accordance with this Section 17.
;-30, PAA Regulations—The rules and regulations of the PAA adopted
pursuant to Section 17. Such rules and regulations shall not take effect until
approved by DHCD and filed with the Town Clerk.
3#31, Plan Approval—A determination made in the form of a written decision
by the PAA that the proposed site plan for the development complies with the
standards and criteria which a site located within the OSGOD must meet under
the procedures established herein and in the Enabling Laws and/or G.L. c. 40A as
more particularly provided herein.
34-.32. Plan ApprovalAuthority(PAA) -For purposes of reviewing
development applications and issuing decisions on development Projects and
Commercial Projects within the OSGOD,the Planning Board(the"PAN')
consistent with G.L. Chapter 40R and 760 CMR 59.00,shall be the Plan Approval
Authority,and consistent with G.L. c. 40A,shall be the special permit granting
authority or other approval authority as provided herein,and the PAA is
authorized to approve a site plan to implement a development.
3-2-.33, Principal Building—A building in which is conducted main or principal
use of the site on which said building is situated. A development is permitted to
have more than one Principal Building.
33-34, Principal Structure—The structure on a development site,which
contains the primary use of the site. A principal use shall not be contained within
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
an accessory structure as defined in the above.A development is permitted to
have more than one Principal Structure.
34;35, Project-a Residential Project and/or Mixed Use Development Project,
undertaken within the OSGOD in accordance with the requirements of this
Section 17.
336, Project,Commercial—a development which is proposed and which
either requires a special permit as provided herein,or is otherwise not a"Project"
as defined above.
3437, Residential Project-a Project that consists solely of residential,
parking,and accessory uses.
3-7-.38, Recreational Uses-Active recreational uses,including but not limited
to ball fields;and passive recreational uses,including but not limited to walking
and bicycle paths. Amusements or motorized uses shall not be considered eligible
recreational uses.
3,94.39, Roadway—a main access corridor as defined under Section 17.11.14. A
Roadway is not a"Driveway"or"Drive Lane"as defined above.
3-940, Structure—A combination of materials for occupancy or use, such as a
building,bridge,trestle,tower,framework,tank,tunnel,tent, stadium,reviewing
stand,platform, shelters,piers,bin,sign,swimming pool or the like;the term
structure shall be construed as if followed by the words"or part thereof'.
40-.11, Subdistrict—A specific and defined area of land within the OSGOD that
is subject to specific requirements for allowable uses and/or dimensional
requirements that may differ from the requirements for allowable uses and/or
dimensional requirements in other specific and defined areas within the OSGOD.
The boundaries and the names of the Subdistricts are referred to in Section 17.3.3
herein.
4442. Underlying Zoning—The zoning otherwise established by the Zoning
Bylaw without regard to this Article.
413, Use—The purpose for which a structure or land is used or intended to be
used.
4344. Use,Substantially Different—A use which by reason of its normal
operation would cause readily observable,material differences in patronage,
service,appearance,noise,employment or similar characteristics from the use to
which it is being compared.
44-.45. Zoning Bylaw-the Zoning Bylaw of the Town of North Andover,as
amended.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
17.3 Overlay District
17.3.1 Establishment
The Osgood Smart Growth Overlay District,hereafter referred to as the OSGOD,is an overlay
district having a land area of approximately one hundred sixty-nine(169)acres in size that is
superimposed over all underlying zoning districts,including without limitation all other overlay
districts,established by the Zoning Bylaw now or hereafter applicable to the properties known as
1600 Osgood Street,and is shown on the Zoning Map as set forth on the map entitled"1600
Osgood Street Smart Growth Overlay District",dated March,2007,prepared by the North
Andover Division of Community Development. This map is hereby made a part of the Zoning
Bylaw and is on file in the Office of the Town Clerk(the"OSGOD Zoning Map"). The OSGOD
contains all of the real property described in a deed from Lucent Technologies,Inc.to 1600
Osgood Street,LLC dated August 21,2003,recorded with the Essex North District Registry of
Deeds in Book 8213,Page 272 as more particularly shown on the OSGOD Zoning Map.
17.3.2 Underlying Zoning
The OSGOD is an overlay district superimposed on all underlying zoning districts. As required
by the Enabling Laws,the regulations for use,dimension,and all other provisions of the Zoning
Bylaw governing the underlying zoning district(s) shall remain in full force,except for those
sites undergoing development pursuant to this Section 17. Within the boundaries of the
OSGOD,a developer may elect to either develop a site in accordance with the requirements of
this Section 17,or to develop a site in accordance with the requirements of the regulations for
use,dimension and all other provisions of the Zoning Bylaw governing the underlying zoning
district(s).
17.3.3 Subdistricts
The OSGOD contains three(3) Subdistricts,all hereby established and all in the locations shown
on the OSGOD Zoning Map,including: (a)the Residential Mixed Use Zone,containing
approximately 31.65 acres; (b)the Mixed-Use Development Zone,containing approximately
10.15 acres;and(c)the Business Opportunity Zone,containing approximately 125.94 acres. For
purposes of the application of this Section 17,and for a proposed development which is located
within a subdistrict identified as the Mixed Use Zone and/or the Business Opportunity Zone,the
uses permitted and the dimensional and other controls applicable in a Subdistrict may be
extended into the adjacent Subdistrict described above to the extent of one-hundred fifty(150)
feet as long as the limit of said extension is reflected on the site plan for a proposed development
for which Plan Approval is required under this Section 17. Moreover,a residential use may be
accessed via a^^mmffeia l zonedcommercially zoned and/or mixed use Subdistrict,and in
turn,a non-residential use may be accessed via a residentially-zoned and/or mixed use
Subdistrict.
17.4 Administration,Enforcement,and Appeals
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
The provisions of this Section 17 shall be administered by the Planning Board,except as
otherwise provided herein. Any appeal arising out of a Plan Approval decision by the PAA with
respect to a Project shall be governed by the applicable provisions of G. L. Chapter 40R,except
with respect to a Commercial Project or other development requiring a special permit or other
approval under G.L. c.40A,in which case,the provisions of M.G.L. c.40A shall govern only the
portion of the development for which a such special permit or other approval is required.
This Section shall be enforced by the Building Inspector,who may require the submission of
plans,specifications and other information,which he deems to be necessary to determine
compliance with its provisions. No building shall be constructed,reconstructed, enlarged,
altered,moved,removed or demolished as part of a development governed by this Section
without obtaining a building permit. The Building Inspector shall withhold such building permit
if such building or such activity included in such a development governed by this Section,would
be in violation of this Section. No actual use and occupancy(as opposed to construction and/or
break-in period testing)of a building,a lot,or a portion of either of them shall be commenced or
changed without the issuance by the Building Inspector of a certificate of compliance. The
Building Inspector shall withhold such certificate of compliance unless the Building Inspector is
satisfied that all work has been completed in accordance with the provisions of the applicable
approved permits and of the applicable provisions of this Section,and that the proposed use will
be in conformity with the applicable provisions of this Section. The Building Inspector shall not
issue a building permit for a development until he is reasonably satisfied that a Plan Approval
has issued for the development. Any building permit issued by the Building Inspector shall
become invalid unless the work authorized by it shall have been commenced within the meaning
of the Enabling Laws within six(6)months after its issuance,which shall be automatically
extended for the duration of any appeal or challenge to such building permit and which may be
further extended,as allowed in writing by the Building Inspector pursuant to the State Building
Code.
17. 5 Applicability of OSGOD
In accordance with the provisions of G.L. Chapter 40R and 760 CMR 59.00,an Applicant for a
development located within the OSGOD may seek Plan Approval in accordance with the
requirements of this Section 17. In such case,then notwithstanding anything to the contrary in
this Zoning Bylaw, such application shall not be subject to any other provisions of this Zoning
Bylaw,including limitations upon the issuance of building permits for residential uses related to
a rate of development or phased growth limitation or to a local moratorium on the issuance of
such permits,or to building permit or dwelling unit limitations,including but not limited to
limitations provided in Section 4.2(`Phased Development Bylaw")of the Zoning Bylaw. The
total number of residential Dwelling Units which can be developed within the OSGOD shall not
exceed 530,and such Dwelling Units may only be developed within the Residential Mixed Use
Zone and/or the Mixed Use Development Zone defined below and in accordance with the
provisions of this Section 17.0.
17.6 Permitted Uses
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
The following uses are permitted,as more specifically described below:
17.6.1 Residential Mixed-Use Zone
17.6.1.1 Purpose
The purpose of the Residential Mixed-Use Zone is to increase the efficiency of land use,promote
a diversity of housing types,emphasize and encourage pedestrian and bicycle circulation,and to
encourage the integration of smaller commercial and retail activities to complement the primary
residential uses.
17.6.1.2 As-Of-Right Uses
The following uses shall be permitted in the Residential Mixed Use Zone As-of-Right upon Plan
Approval pursuant to the provisions of this Section 17:
1. Two-family,three-family,townhouse,and/or Multi-family Residential Use(s),provided
that the minimum allowable as-of-right density requirements for residential use specified
in Section 17.9 shall apply to the residential portion of a mixed-use development,
2. Assisted living units and facilities,
3. Continuing Care Retirement Center,
4. Independent Elderly Housing,
5. Day care center,
6. Eating and drinking establishment not to exceed 2,000 square feet in gross floor area per
user and shall not contain a drive-through facility;
7. Municipal recreation area,
8. Non-profit School,
9. Outdoor recreation area,
10.Personal Services,banking and retail establishments not to exceed 3,000 square feet in
gross floor area per user,
11.Places of worship,
12.Private School,
13.Parking accessory to any of the above permitted uses,including surface,garage-under,
and structured parking(e.g.,parking garages)—,),as well as parking accessory to the uses
described in Subsection 17.6.1.3 below,and,
14. Other accessory uses customarily incidental to any of the above permitted uses as
determined by the Building Inspector.
17.6.1.3 Uses Allowed By Special Permit
The following uses shall be permitted in the Residential Mixed Use Zone by Plan Approval
Special Permit issued by the Plan Approval Authority pursuant to the provisions of Section
17.6.5:
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
I. Eating and drinking establishment in excess of 2,000 square feet of gross floor area per
user,but less than 15,000 square feet of gross floor area per user,provided that such
establishment shall not contain a Fast Food Establishment,
2. Personal Services,banking and retail establishments in excess of 3,000 square feet of
gross floor area per user but less than 15,000 square feet of gross floor area per user,
3. Nursing and Convalescent Homes,
4. Commuter Rail System;and,
5. Other accessory uses customarily incidental to any of the above permitted uses as
determined by the Inspector of Buildings.
17.6.1.4 The total Gross Floor Area devoted to non-residential uses and non-residential
accessory uses located within the Residential Mixed Use Zone shall not exceed 75,000 square
feet.
17.6.2 Mixed-Use Development Zone
17.6.2.1 Purpose
The intent of the Mixed-Use Development Zone is to provide a transition between primarily
residential development and compact,higher density commercial and mixed-use development,to
increase the efficiency of land use on land which is Substantially Developed Area,to allow
Commercial Projects which may include a mixture of complimentary land uses such as housing,
retail,offices,commercial services,and civic uses,to create economic and social vitality and to
encourage the linking of trips.
17.6.2.2 As-Of-Right Uses
The following uses shall be permitted in the Mixed Use Development Zone As-of-Right upon
Plan Approval pursuant to the provisions of this Section 17.6.5 and other applicable provisions
of this Section 17:
gricultural Use,
2. Art Gallery,
3. Businesses,Professional and Other Offices,
4. Day Care Center,
5. Eating and drinking establishment not to exceed 2,000 square feet in gross floor
area per user and which shall not be a Fast Food Establishment,
6. Funeral Parlor,
7. Guest house,
8. Medical Center and/or Medical Offices;
9. Motel/Hotel,
10. Outdoor recreation area,including but not limited to,tennis court,basketball
court,athletic fields,tot lots,and passive recreation,
X0-11. Personal Services Establishments;
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
44-12. Places of Worship,
4-2--.13. Public Building or use,
4--3-.14. Retail,banking,and service establishments not to exceed 20,000 square feet in
gross floor area per user,
44-15. Parking accessory to any of the above permitted uses as well as uses described
in Section 17.6.2.3,including surface,garage-under,and structured parking(e.g.,
parking garages),as well as parking accessory to the uses described in Subsection
17.6.2.3 below;and,
4-5-16. Accessory uses customarily incidental to any of the above permitted uses as
determined by the Inspector of Buildings.
17.6.2.3 Uses Allowed By Special Permit
The following uses shall be permitted in the Mixed Use Development Zone by Plan Approval
Special Permit issued by the Plan Approval Authority,as Special Permit Granting Authority
(SPGA),pursuant to the provisions of this Section 17.6.5:
1. Two-family,three-family,townhouse,and/or Multi-family Residential Use(s),provided
that the minimum allowable as-of-right density requirements for residential use specified
in Section 17.9 shall apply to the residential portion of a mixed-use development,
2. Assisted living units and facilities,
3. Continuing Care Retirement Center,
4. Independent Elderly Housing,
5. Nursing and Convalescent Homes,
6. Retail and Service Establishments in excess of 20,000 square feet of gross floor area per
user but less than 65,000 square of gross floor area per user,
7. Eating and Drinking Establishment provided that such establishment shall not be a Fast-
Food Establishment;and shall not exceed 15,000 square feet of gross floor area per user,
8. Incubator or Business Park,
9. Indoor Place of Amusement or Assembly,including but not limited to,arenas,theatres,
and athletic or recreational facilities,
10. Indoor Ice Skating Facility,
11.Non-profit school,
12.Private School for profit,
13.Research and Development Facilities,and,
14.Retail Plaza not to exceed 150,000 square feet of gross floor area,where any single user
cannot exceed 65,000 square feet of gross floor area.
15.Accessory uses customarily incidental to any of the above permitted uses as determined
by the Inspector of Buildings.
17.6.3 Business Opportunity Zone
17.6.3.1 Purpose
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
The intent of the Business Opportunity Zone is to encourage efficient land use by facilitating
compact,high-density retail,commercial,industrial development and other Commercial
Projects,and to facilitate development(land use,density and design)that supports public transit
if applicable.
17.6.3.2 As-Of-Right Uses
The following uses shall be permitted in the Business Opportunity Zone As-of-Right upon Plan
Approval pursuant to the provisions of this Section 17.6.5 and other applicable provisions of this
Section 17:
1. Agricultural Use,
2.Art Gallery,
2-3.Business,Professional and Other Offices,
3.4.Day Care Center,
4-5.Funeral Parlor,
.6.Medical Center and/or Medical Offices;
-7.Mote1/Hotel,
-7-.8.Places of Worship,
g 9.Public Building or use,
-9-10. Eating and Drinking Establishment,
49-11. Personal Services Establishment,
44-12. Municipal Recreation Area,
42-13. Manufacturing,
43.14. Printing and Reproduction,
4-4-15. Research and Development Facilities,
4-5-16. Retail,banking,and service establishments not to exceed 20,000 square feet in gross
floor area per user,
4-6-17. Parking accessory to any of the above permitted uses,including surface,garage-
under,and structured parking(e.g.,parking garages),as well as parking accessory to the
uses described in Subsection 17.6.3.3 below;and,
X18. Accessory uses customarily incidental to any of the above permitted uses as
determined by the Inspector of Buildings.
17.6.3.3 Uses Allowed By Special Permit
The following uses shall be permitted in the Business Opportunity Zone by Plan Approval
Special Permit issued by the Plan Approval Authority,as Special Permit Granting Authority
(SPGA),pursuant to the provisions of this Section 17.6.5:
1. Commuter Rail System,
2. Incubator or Business Park,
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
3. Indoor Place of Amusement or Assembly,including but not limited to,such uses shall
include arenas,theatres,and athletic or recreational facilities,
4. Indoor Ice Skating or other athletic facility,
5. Non-profit school,
6. Outdoor recreation area,including but not limited to,tennis court,basketball court,
athletic fields,and passive recreation,
7. Private School for profit,and,
8. Parking accessory to any of the above permitted uses,including surface,garage-under,
and structured parking(e.g.,parking garages),
9. Retail and Service Establishments in excess of 20,000 square feet of gross floor area per
user,
10.Retail Plaza,
11.Public Service Corporation;
12. Windmills up to one hundred-fifty(150)feet to the top of the hub at the center of the t--- Formatted:Bullets and Numbering
rotor,and,
412-13. Accessory uses customarily incidental to any of the above --- Formatted:Bullets and Numbering
permitted uses as determined by the Inspector of Buildings.
17.6.4 Prohibited Uses. All pFineipaLuses not expressly allowed are prohibited.
17.6.5 Criteria for Special Permit and Other Applicable Approval by Plan Approval
Authority.
17.6.5.1 Any development component for which a special permit is required to be issued
by the Plan Approval Authority,as Special Permit Granting Authority pursuant to Section 9 of
M.G.L. c.40A,or for a Commercial Project approved under G.L. c. 40A, shall only be issued in
accordance with the requirements of this Subsection 17.6.5.
17.6.5.2 The Plan Approval Authority may grant a Special Permit or other approval within
the framework of this Section 17 only after holding a public hearing which must be held within
sixty-five(65)days after the applicant files for such Special Permit or other approval. The sixty-
five(65)days period shall be deemed to have begun with the filing of the application with the
Plan Approval Authority. The Applicant is responsible for transmitting a copy of the application
for a Special Permit or other approval within twenty-four(24)hours of the filing of the
application with the Planning Board and to the Town Clerk.
17.6.5.3 The Plan Approval Authority shall not approve any such application for a Special
Permit or other approval unless it finds that in its judgment all the following conditions are met:
1. The specific site is an appropriate location for such a use,structure or condition;
2. The use as developed will not adversely affect the neighborhood,
3. There will be no nuisance or serious hazard to vehicles or pedestrians,
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
4. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use,
5. With regard to a Special permit,the Plan Approval Authority shall not grant any Special
Permit unless it makes a specific finding that the use is in harmony with the general
purpose and intent of this Zoning Bylaw;and,
6. The use for which the special permit or other approval is sought complies with the
dimensional and other criteria described in Sections 17.9 through 17.15 unless otherwise
waived as provided therein.
17.6.5.4 In approving a Special Permit,the Plan Approval Authority may attach such conditions
and safeguards only to the portion of the development requiring a special permit as are deemed
necessary to protect the neighborhood such as,but not limited to,the following:
1. Requirements of front, side,or rear yards greater than the minimum required by this
Bylaw.
2. Requirements of screening parking areas or other parts of the premises from adjoining
premises or from the street,by walls,fences,planting,or other devices as specified by the
Plan Approval Authority.
2. Modification of the exterior features or appearances of the structure,
4. Limitation of size,number of occupants,method or time of operation,or extent of
facilities;and,
5. Regulation of number,design and location of access drives or other traffic features.
17.6.5.5 Special Permits or other approvals granted under the provisions contained herein shall
be deemed to have lapsed after a two(2)year period from the date on which the Special Permit
or other approval was granted unless substantial use or construction has commenced. If the
Applicant can show good cause why substantial use or construction has not commenced within
the two(2)year period,the Plan Approval Authority,as its discretion,may extend the Special
Permit or other approval for an additional one(1)year period. Included within the two(2)year
period stated above,is the time required to pursue or wait the determination of an appeal from
the provisions of the Bylaw.
17.6.5.6 The Plan Approval Authority shall also apply the same dimensional,design and other
criteria described in Sections 17.9 through 17.15 as applied to As-of-Right uses unless otherwise
waived as provided therein.
17.6.5.7 Within(90)days following the date of the public hearing,the Plan Approval Authority
shall take final action in the matter in order to issue a Special Permit or other approval provided
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
for in this Section. There shall be at least four(4)of the five(5)members of the Plan Approval
Authority voting in favor of issuing the Special Permit or other approval.
17.6.5.8 A Special Permit or other approval granted under the provisions of this Bylaw shall not
take effect until: the Town Clerk certifies on a copy of the decision that twenty(20)days have
elapsed without filing of an appeal or that any appeal filed has been dismissed or denied,and the
certified decision has been recorded at the owner's expense in the Essex County Registry of
Deeds indexed in the grantor index under the name of the record owner,and noted on the
owner's Certificate of Title,
If the Special Permit or other approval involves registered property,the decision,at the owner's
expense shall also be filed with the Recorder of the Land Court.
17.6.5.9 At the discretion of the PAA,an Applicant seeking approval of a development
including both As-Of-Right uses as well as uses requiring a Special Permit or other approval
may combine such applications into a single application,and the PAA may combine both
hearings and issue a single decision on such a combined development,provided that all
requirements for the As-Of-Right development are complied with in accordance with the
Enabling Laws and this Section 17.0,and with respect to uses allowed by Special Permit or other
approval,are complied with in accordance with M.G.L. c. 40A.
17.7 Project Phasing
The PAA,as a condition of any Plan Approval,may require a Project to be phased to mitigate
any extraordinary adverse Project impacts on nearby properties. For Projects that are approved
and developed in phases,the proportion of Affordable units and the proportion of market rate
units shall be consistent across all phases.
17.8 Housing and Housing Affordability
17.8.1 Marketing Plan
As part of any application for Plan Approval for housing within the OSGOD,an Applicant for
such approval must submit a narrative document and marketing plan that establishes that the
proposed development of housing is appropriate for diverse populations,including households
with children,other households,individuals,households including individuals with disabilities,
and the elderly. These documents in combination,to be submitted with a Plan Approval
application pursuant to Section 17.12 below, shall include details about construction related to
the provision,within the development,of units that are accessible to the disabled.
17.8.2 Number of Affordable Housing Units
For all Projects,not less than twenty percent(20%)of the housing units constructed in the
District shall be Affordable Housing,as required by the Enabling Laws. For purposes of
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
calculating the number of units of Affordable Housing required within the District,any fractional
unit of 0.5 or greater shall be deemed to constitute a whole unit.
17.8.3 Requirements
Affordable Housing shall comply with the following requirements:
1. For an Affordable Rental Unit,the monthly rent payment,including utilities and parking,
shall not exceed 30 percent of the maximum monthly income permissible for an Eligible
Household,assuming 1.5 persons per bedroom,unless other affordable program rent
limits approved by the DHCD shall apply,
2. For an Affordable Homeownership Unit the monthly housing payment,including
mortgage principal and interest,private mortgage insurance,property taxes,
condominium and/or homeowner's association fees,insurance,and parking,shall not
exceed 30 percent of the maximum monthly income permissible for an Eligible
Household,assuming 1.5 persons per bedroom;and,
3. Affordable Housing required to be offered for rent or sale shall be rented or sold to and
occupied only by Eligible Households.
17.8.4 Design and Construction
Units of Affordable Housing shall be finished,but not furnished housing units. Units of
Affordable Housing shall be dispersed throughout the development of which they are part and be
compatible in initial construction quality and exterior design to other housing units in the
development. The total number of bedrooms in the Affordable Housing shall be,insofar as
practicable,proportionate to the total number of bedrooms in all the units in the development of
which the Affordable Housing is part.
17.8.5 Affordable Housing Restriction
Each unit of Affordable Housing shall be subject to an Affordable Housing Restriction approved
by the PAA which is recorded with the appropriate registry of deeds or district registry of the
Land Court and which contains at least the following:
1. Specification of the term of the affordable housing restriction which shall be no less than
thirty years,and in the discretion of the PAA,the Restriction may be in perpetuity,
2. The name and address of an administering agency with a designation of its power to
monitor and enforce the affordable housing restriction,
3. A description-of the Affordable Homeownership Unit,if any,-by address and number of
bedrooms;and a description of the overall quantity and number of bedrooms and number
of bedroom types of Affordable Rental Units in a Project or portion of a Project which
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
are rental. Such restriction shall apply individually to the specifically identified
Affordable Homeownership Unit and shall apply to a percentage of rental units of a rental
Project or the rental portion of a Project without specific unit identification,
4. Reference to a housing marketing and resident selection plan,to which the Affordable
Housing is subject,and which includes an affirmative fair housing marketing program,
including public notice and a fair resident selection process. The housing marketing and
selection plan may provide for preferences in resident selection to the extent consistent
with applicable law-for the Affordable Housing Units;the plan shall designate the
household size appropriate for a unit with respect to bedroom size and provide that the
preference for such Unit shall be given to a household of the appropriate size,
5. A requirement that-buyers or tenants will be selected at the initial sale or initial rental
and upon all subsequent sales and rentals from a list of Eligible Households compiled in
accordance with the housing marketing and selection plan,
6. Reference to the formula pursuant to which rent of a rental unit or the maximum resale
price of a homeownership will be set,
7. Designation of the priority of the Affordable Housing Restriction over other mortgages
and restrictions.
8. A requirement that only an Eligible Household may reside in Affordable Housing and
that notice of any lease or sublease of any unit of Affordable Housing shall be given to
the administering agency,
9. Provision for effective monitoring and enforcement of the terms and provisions of the
affordable housing restriction by the administering agency,
10.Provision that the restriction on an Affordable Homeownership Unit shall run in favor of
the administering agency and the Town and/or a nonprofit organization,in a form
approved by municipal counsel,and PAA,and shall limit initial sale and resale to and
occupancy by an Eligible Household,
11.Provision that the restriction on Affordable Rental Units in a rental Project or rental
portion of a Project shall run with the rental Project or rental portion of a Project and
shall run in favor of the Administering Agency and the Town and/or a non-profit
organization,in a form approved by municipal counsel,and the PAA,and shall limit
rental and occupancy to an Eligible Household,
12.Provision that the owner(s)or manager(s)of Affordable Rental Unit(s)shall file an
annual report to the administering agency,in a form specified by that agency certifying
compliance with the Affordability provisions of this Bylaw and containing such other
information as may be reasonably requested in order to ensure affordability,and,
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
13.A requirement that residents in Affordable Housing provide such information as the
administering agency may reasonably request in order to ensure affordability.
17.8.6 Administering Agency
An administering agency which may be the Local Housing Authority,or other qualified housing
entity(the"Administrating Agency")shall be designated by the PAA as the Administrating
Agency for all Projects in the OSGOD. In a case where the Administering Agency cannot
adequately carry out its administrative duties,upon certification of this fact by the PAA or by
DHCD, such duties shall devolve to and thereafter be administered by a qualified housing entity
designated by the PAA aPA rvasop-+Wy aeeepta44e*^_the— ^4eaP*or,in the absence of such
timely designation,by an entity designated by the DHCD.,hJeh is r°^^°^^ 1 1*^, ! to the
�. The Aapplicant and its successor in title and interest shall pay for the services of the
Administering Agency or other such entity providing the services required herein with such
payment not to exceed a reasonable amount for such services to be a=og er ed uupon by the PAA and
the Applicant. In any event, such Administering Agency shall ensure the following,both prior to
issuance of a Building Permit for a Project within the OSGOD,and on a continuing basis
thereafter,as the case may be:
1. Prices of Affordable Homeownership Units are properly computed;rental amounts of
Affordable Rental Units are properly computed;
2. Income eligibility of households applying for Affordable Housing is properly and reliably
determined;
3. The housing marketing and resident selection plan conform to all requirements and is
properly administered,
4. Sales and rentals are made to Eligible Households chosen in accordance with the housing
marketing and resident selection plan with appropriate unit size for each household being
properly determined and proper preference being given,aPA
5. Affordable Housing Restrictions meeting the requirements of this section are recorded
with the proper registry of deeds-;and,
6. Enforce,by litigation or otherwise,the Affordable Housing Restrictions and the
foregoing requirements
17.8.7 Housing Marketing and Selection Plan
The housing marketing and selection plan may make provision for payment by the Project
applicant of reasonable costs to the administering agency to develop,advertise,and maintain the
list of Eligible Households and to monitor and enforce compliance with affordability
requirements.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
17.8.8 Age Restrictions
The District shall not include the imposition of restrictions on age upon the entire District,but
the development of specific Projects within the District may be exclusively for the elderly,
persons with disabilities,or for assisted living,provided that any such Project shall be in
compliance with all applicable fair housing laws and not less than twenty-five percent(25%)of
the housing units in such a restricted Project shall be restricted as Affordable units. Any Project,
which includes age-restricted residential units,shall comply with applicable federal,state and
local fair housing laws and regulations.
17.8.9 Twenty Percent Requirement
For all Projects where the Affordable Units proposed are Homeownership Units,not less than
twenty percent(20%)of the total housing units constructed in a Project shall be Affordable
Housing. For all Projects where the Affordable Units proposed are Rental Units not less than
twenty five-percent(25%)of total housing units in any building containing rental units shall be
Affordable Housing-,-provided,however,that 20%of such units may be affordable where the
Affordable Units are restricted to households earning less than 50%of area median income. For
purposes of calculating the number of units of Affordable Housing required within a Project,any
fractional unit of 0.5 or greater shall be deemed to constitute a whole unit.
..♦1„_ CPRt;A.. 17 Q t„the,.,,,mot,-., in the event that„ 1;,..,7.10 1.,., „l.,tions
----
.,1 .♦.,.o,�♦ o,�♦/7noT\ () ,F .�.,1 ,..,k� 7..,11 l,o roa�„l,o A ff a.,l.lo u,,,,�;.... ..a♦l.o
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17.8.10 Phasing
For housing that is approved and developed in phases,the proportion of Affordable Housing
Units(and the proportion of Existing Zoned Units to Bonus Units as described in 760 CMR
59.04 1(h))shall be consistent across all phases.
17.8.11 Computation
Prior to the granting of any Building Permit for the housing component of a Project,the
Applicant must demonstrate,to the satisfaction of the PAA,that the method by which such
affordable rents or affordable purchase prices are computed shall be consistent with state or
federal guidelines for affordability applicable to the Town of North Andover.
17.8.12 No Waiver
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
Notwithstanding anything to the contrary herein,the Affordability provisions in this Section 17.8
shall not be waived.
17.9 Dimensional and Density Requirement
Notwithstanding anything to the contrary in this Zoning Bylaw,the dimensional requirements
applicable in the OSGOD are as follows:
40R Overlay Subdistricts'
Dimesional Requirements Mixed-Cse R61d6dal bistriet' Afted-Use Uonuperda(District Business Opp;ortunity Zone
Minimum Lot Area NA NA 1 Acre-15 Acres Maximum
Minimum Lot Frontage on a Public Way N/A N/A N/A
Maximum Building Height 55 Feet 55 Feet 55 Feet
Minimum Front Setback' 10 Feet Minimum-25 Feet Maximum 0Feet Minimum-15 Feet Maximum 0Feet Minimum-10 Feet Maximum
Minimum Rear Yard Setback 15 Feet-25 Feet Maximum No required setback No required setback
Minimum Side Yard Setback 5 Feet iflot line is on a street.3 feet
minilnum-10 feet maximum if adj acent
to another lot line. No required setback No required setback
Minimum Open Space 20% 15% 15%
Allowable Dwelling Units/Acre' 20 20 Not Allowed
Minimum Setback between Principal
Buildings 0 Feet Minimum-20 Feet Maximum 0 Feet Minimum-20 Feet Maximum 0 Feet Minimum-20 Feet Maximum
Minimum Setback between either(a)
Accessory Buildings,or(b)Principal
Buildings and Accessory Buildings 0 Feet Minimum-25 Feet Maximum 0 Feet Minimum-5 Feet Maximum 0 Feet Minimum-5 Feet Maximum
Multiple Buildings on One Lot Allowed Allowed Allowed
Floor Area Ratio(FAR) 0.70:1 0.65:1 0.90:1
Lot Coverage 70% 90% 90%
Notes:
1.Refer to Section 17.9.1
2.Allowable Dwelling Units Per Acre shall mean the maximum number of Dwelling Units per acre averaged over the entire Residential
Mixed Use Overlay District.
17.9.1 Interpretation of Table
1. A front yard setback of 50 feet for property within the OSGOD shall apply only to front
yards abutting Route 125 (Osgood Street). There shall be no front yard setback
requirement unless specified in the Subdistrict.
2. Open Space shall be"Useable Open Space"which is defined as the part or parts of land
within the OSGOD,which are reserved for permanent open space or passive recreation
use. This space shall exclude parking areas,but include required setbacks and walkways.
The Usable Open Space shall be open aft-and unobstructed to the sky;?o--:�_^_
Trees,planting,arbors,flagpoles, sculptures,fountains,swimming pools,atfi m°
outdoor open-air,passive/active recreational facilities,such items as streetscape elements
(lights,planters,benches,etc.),outdoor areas devoted to dining,cafe or similar uses,and
decorative surface treatments for sidewalks and other hard surfaces(such as pavers,
cobblestones or concrete surface treatments designed to resemble pavers or
cobblestones),and similar objects shall not be considered obstructions. No more than
25%of the total amount of required Usable Open Space shall be"wetland"as defined by
the requirements of M.G.L. Chapter 131, Section 40,and the Town's Wetland Bylaws.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
17.10 Parlana Requirements
Notwithstanding anything to the contrary in this Zoning Bylaw,the parking requirements
applicable in the OSGOD are as follows:
Residential uses
1 Residential Use(Minimum) 1 space per dwelling unit.
2 Residential Use(Maximum) 2 spaces per dwelling unit.
All other places with including but not limited to)rooming 1 space per sleeping room for accommodations single or double occupancy,
3 houses,hotels,motels,hospitals,nursing homes. 1 per 2 for rooms exceeding Double beds for rooms exceeding double
occupancy
Recreation uses
1 Passive Recreation(i.e.parks,picnic facilities) 5 spaces per acre.
2 jActrve Recreation(i.e.athletic fields) 1 space per 4 persons based on the design capacity of the facility.
Business or Commercial UNes
Auditoriums,theaters,funeral parlors,day care centers,and
1 1 space per 4 persons based on the design capacity of the facility.
other places of assembly
2 Restaurants-sit down restaurants. 1 per 2 seats or 15 per 1000 GFA.(Whichever greater applies)
3 Retail store and service establishement. 5 spaces per 1,000 square feet(6 space per 1,000 s.f.maximum)
4 Offices 1 space per 300 square feet of GFA.
5 Medical Offices and Research facilities 3 Spaces per 1000 square feet GFA plus one space per employee.
6 lWarehousing,wholesaling,distributing 1 space per 500 square feet GFA.
Mixed Use De4elopment Projects Residential requirement plus non-residential requirement.
Industrial Uses
1 space per 2 employees in the minimum working shift or 1 space per 1,000
1 Manufacturing,assembly,Fabrication,etc GFA(Whichever greater applies).
a .tS F, ti,,lt;F Mjj .H pjj ' , ,1 1.4 to 1 P'q4 it hilt thp,table Agwl.ng
thfee fate �;,10..�;.,1 �,-v;., epts ., s to be;fe
17.10.1 Interpretation of Table.
1. Unless otherwise approved by the PAA,a minimum of 1 and a maximum of 2.0 off-
street parking spaces shall be provided for each residential unit,inclusive of parking
spaces within garages. The PAA may allow for additional visitor parking spaces beyond
the 2.0 maximum spaces per unit if deemed appropriate given the design,layout and
density of the proposed residential or other development. The PAA may allow for a
decrease in the required parking as provided in Subsections 4.a through 4.f below.
Notwithstanding anything to the contrary herein,an Applicant may satisfy the parking
requirements herein even though parking may not be located within the same Subdistrict
as the specific use,provided that suitable arrangements to the satisfaction of the PAA are
in place to allow for the use of such parking to satisfy the parking requirement,
2. A parking space shall mean an area of not less than 9'x 18',accessible over unobstructed
driveways not less that 24'wide.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
3. Notwithstanding anything to the contrary herein,the use of shared parking to fulfill
parking demands noted above that occur at different times of day is strongly encouraged.
Minimum parking requirements above may be reduced by the PAA if the applicant can
demonstrate that shared spaces will meet parking demands by using accepted
methodologies(e.g.the Urban Land Institute Shared Parking Report,ITE Shared Parking
Guidelines,or other approved studies),
4. Notwithstanding anything to the contrary herein,any minimum required amount of
parking may be reduced upon a demonstration to the reasonable satisfaction of the PAA
that the lesser amount of parking will not cause excessive congestion, endanger public
safety,or that lesser amount of parking will provide positive environmental or other
benefits,taking into consideration:
a. The availability of surplus off street parking in the vicinity of the use being served
and/or the proximity of a bus or an MBTA transit station,
b. The availability of public or commercial parking facilities in the vicinity of the use
being served,
c. Shared use of off street parking spaces serving other uses having peak user demands
at different times,
d. Age or other occupancy restrictions which are likely to result in a lower level of auto
usage,
e. Impact of the parking requirement on the physical environment of the affected lot or
the adjacent lots including reduction in green space,destruction of significant existing
trees and other vegetation,destruction of existing dwelling units,or loss of pedestrian
amenities along public ways;and,
f. Such other factors as may be considered by the PAA.
17.11 General Design Standards
17.11.1 Intent
In order to ensure high-quality development within the OSGOD and to ensure design that
respects the built and natural character of North Andover,the following design standards are
established. These standards are intended to be flexible,and applied by the Plan Approval
Authority as appropriate to the development as part of the site plan review process to enable the
purpose of this District to be realized. While these guidelines apply to all site improvements and
buildings and structures,it is not the intent of this section to prescribe or proscribe use of
materials or methods of construction regulated by the state building code,but rather to enhance
the appearance of the built environment within an OSGOD. In the case of inconsistency between
applicable federal and state law,including without limitation state building code or life safety
codes and these Design Standards,the applicable federal and state laws,rules and regulations
shall govern.
17.11.2 Building and Structure Placement
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
The placement of buildings and structures in an OSGOD shall:
1. Provide for buffering of buildings and structures to adjoining properties either within the
proposed OSGOD or to adjacent land uses. Such buffering includes,but is not limited to:
landscaping,screening materials,natural barriers,fencing,and related measures,
2. Development should acknowledge Route 125 as its front entry. Rooftop equipment shall
be appropriately screened to avoid visual impacts to residential uses,
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. Provide street trees with tree grates or in planter strips,using appropriate species to
provide summer shade,and winter light. Species should be native,resistant to salt and
drought,and be tolerant of urban conditions,
5. Orient structures to provide pedestrian entrances to the sidewalk,
6. Street design standards shall not be limited to defined rights of way but shall also apply to
driveways and internal ways which function as streets,
7. Trash collection and dumpster locations shall be appropriately located and screened to
avoid adverse impacts on neighbors and neighboring properties. Within a development,
the containment of all solid waste storage and handling within the building(s)of the
development is encouraged,and,
8. Any loading docks or areas associated with the mixed-use development component shall
be located to minimize(visual and operational)impacts on the site and on neighboring
properties.
17.11.3 Open Space
1. Create open space parks within the development,
2. Mature street trees have a high value to the development;minimize departures from
development standards that would impair the health of a mature trees,
3. Use landscape materials that are native, sustainable,requiring minimal irrigation or
fertilizer;and,
4. Encourage alternative and green paving materials to minimize stormwater run-off.
17.11.4 Building Massing/Articulation
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
The massing of buildings shall:
1. Avoid unbroken building facades longer than fifty feet(50'). Buildings shall not be longer
than two hundred ten(210')feet in length,unless waived by the PAA. In approving building
lengths that exceed 210',the PAA must find that pedestrian circulation is enhanced by the
provision of archways,passageways,or other similar throughways;
2. Mixed-use buildings should incorporate the use of dual facades to foster integration of uses
where appropriate,
3. Provide a variety of building heights and varied roofline articulation,and
4. Buildings on comer lots shall be oriented to the comer and public street fronts. Parking and
automobile access shall be located away from the corners,where practical.
17.11.5 Building Appearance and Treatment
To the extent not inconsistent with or pre-empted by the state building code,the following shall
be considered as applicable:
1. 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 by:
a. Similar building scale or mass,
b. Consistent use of facade materials,
C. Similar ground level detailing,color or signage,
2. Preferred exterior building siding materials include brick,stone,wood,cement and
composite materials and other types of exterior siding materials upon a determination by the
PAA that the quality of such siding will not detract from the aesthetics of the proposed
buildings.
3. New Buildings. The design of new buildings shall incorporate architectural features, such
as:
a. Transom or clerestory windows above entrances,display windows and projected bay
windows are encouraged within commercial,retail,and industrial developments.
b. Multiple paned windows that divide large areas of glass into smaller parts shall be
used.
c. Incorporate building entry treatments that are arched or framed and protects people
from the elements.
d. Non-reflective storefront windows and transoms;architectural detailing on the fast
floor,and detailing at the roofline.
4. Ground Floor. Transparent,open facades for commercial uses at street level,
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
5. Middle Floors. Architectural features may include change in materials and color and/or
texture that enhance specific elements of the building;and,
6. Top Floors. Clearly distinguish tops of buildings from the fagade walls by including detail
elements such as steep gables with overhangs,parapets and cornices.
17.11.6 Development Environment
Pedestrian Open Spaces and Entrances.
1. Entries for residential uses on the street(rather than from the rear of the property),
2. Overhead weather protection shall be designed to minimize gaps in coverage,except to
accommodate street trees;
3. Sidewalks shall be surfaced with concrete,brick,or stone materials unless waived by the
SPGA;minimum width shall be five feet unless waived by the SPGA;and,
4. Benches for seating shall be provided near retail entrances and at bus stops. At bus stops,
such benches shall offer protection from the weather.
17.11.7 Landscaping
The landscape design shall strive to provide greenery so that streets and access drives are lined
with shade trees,large paved areas are visually divided and screened and buffers are provided
within and around the development. Said landscape design shall be prepared and stamped by a
registered landscape architect. Landscaping criteria are as follows:
1. Native trees and shrubs shall be planted wherever possible such as lilac,vibumum,day
lilies,ferns,red twig,dogwood,oak,maple,sycamore,linden,hawthome,birch,
shadbush,etc.).
2. Provide hedges or continuous shrubs to screen parking areas from streets,where
practical,
3. All buildings shall have foundation landscaping,where practical,
4. All islands and landscape areas shall be of a minimum width and size to support healthy
plant growth. The minimum width for plantbeds shall be five(5)feet and an eight(8)
foot width for trees;
5. All open areas,exclusive of areas to remain in an existing natural state shall be
landscaped,utilizing both natural and man-made materials such as indigenous grasses,
trees, shrubs,and attractive paving materials and outdoor furniture,
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
6. Deciduous trees shall be placed along new and existing streets and ways. Street Trees
shall be located every thirty feet(30')on center along both sides of the roadway within
the District. The species of street trees selected shall be a minimum of four different
species from the list of recommended street trees below:
a. Plantanus acerifolia(London Planetree);
b. Fraxinus pennsylvanica(Green Ash),
C. Ginkgo biloba(Ginkgo),
d. Gleditsia triacanthos inermis(Honeylocust),
e. Maple,
f. Oak,
g. Tilia cordata(Little leaf Linden),
h. Pyrus calleryana(Chanticleer Callery Pear);and
i. Zelkova serrata(Japanese Zelkova)
The existing roadways,Route 125 and the existing property driveway, shall have larger
trees that typically grow to heights greater than fifty feet. The species of street trees
selected shall be a minimum of four different species from the list of recommended street
trees below:
a. Picea pungens(Colorado Blue Spruce),
b. Picea abies(Norway Spruce),
c. Fagus grandifolia(American Beech),
d. Fraxinus Americana(White Ash),
e. Betula alleghaniensis (Yellow Birch),
f. Acer saccharum(Sugar Maple),
g. Acer rubrum(Red Maple),
h. Quercus rubra(Northern Red Oak),
i. Quercus coccinea(Scarlet Oak);
j. Platanus acerifolia(London Planetree);and
k. Betula papyrifera(Paper Birch)
7. Outdoor lighting shall be considered in the landscaping plan and requires the submission
of a photometric lighting plan. Cutoff shields shall be used to minimize glare and light
spillover onto abutting property. Ornamental streetlights,sixteen feet(16')maximum
height on minor roads and twenty-four feet(24')maximum height on major roads,
8. Preservation of existing vegetation or tree-lined areas shall be maintained;and,
9. Landscaped,required open space and green areas,in addition to serving as visual
amenities,shall be employed to reduce the rate and volume of stormwater runoff
compared to pre-development conditions;for that reason,Department of Environmental
(DEP) Stormwater Best Management Practices and other measures to minimize runoff
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
and improve water quality shall be implemented. It is also generally intended that said
space be designed and located to connect with existing off-site usable open space,and
provide potential for connection with future open space by extending to the perimeter of
the development particularly when a plan exists for the location and networking of such
future open space.
17.11.8 Lighting
1. All artificial lighting used to illuminate residential,commercial,and industrial parking
lot,loading bay or driveway shall have underground wiring and shall be so arranged that
all direct rays from such lighting falls entirely within the parking,loading or driveway
area,and shall be shielded or recessed so as not to shine upon abutting properties or
asses;
2. Lighting in display windows to illuminates the sidewalk is recommended,
3. Architectural lighting to complement the architecture of the structure including
transparent windows allowing views into and out of the structure,
4. Fixtures that produce glare or that spill light to adjoining sites are prohibited,and,
5. Installation of pedestrian light fixtures as part of a development's sidewalk improvements
is strongly encouraged.
17.11.9 Parking Lot Landscaping
Parking areas and lots shall use landscaping and terracing to break up large areas of pavement.
The following minimum screening and landscaping requirements shall apply for all lots with
more than 6 parking spaces:
1. A strip of land at least six(6)feet wide(may be part of required yard setbacks)with trees
or shrubs densely planted,to create at least an impervious screen,at least four(4)feet
high at the time of planting and which are of a type that may be commonly expected to
form a year round impervious screen at least five(5)feet high within three years,
2. If a natural screen as described in item 1 above cannot be attained,a wall or fence of
uniform appearance at least five(5)feet high above finished grade will be allowed. Such
a wall and/or fence may be perforated,provided that not more than 25%of the face is
open-,and
3. All required screening,as described in items 1 and 2 above,shall be maintained in good
condition at all times. Such screening may be interrupted by entrances or exits,and shall
have no signs attached thereto other than those permitted in the district,
For all off-street parking areas of 18 or more spaces the following criteria shall also apply.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
4. On at least three sides of the perimeter of an outdoor parking lot,there shall be planted at
least one tree for every thirty(30)linear feet. In the interior part of an outdoor parking lot
where two rows of parking spaces containing a total of 9 or more parking spaces face
each other,a landscaped open space not less than 6 feet in width shall be provided. The
landscaped strip may be provided either(1)between the rows of parking spaces parallel
to the aisle,or(2)in two or more strips parallel to the spaces and extending from the aisle
serving one row of spaces to the aisle serving the other row of spaces;and,
5. Trees required by this section shall be at least 2.5 inches in diameter at a height four feet
above the ground at time of planting and shall be of a species characterized by suitability
and hardiness for location in parking lot. To the extent practicable,existing trees shall be
retained and used to satisfy this section. Native trees and shrubs shall be planted
wherever possible including species such as lilac,vibumum,day lilies,ferns,red twig,
dogwood,oak,maple, sycamore,linden,hawthome,birch,shadbush,etc.
17.11.10 Pedestrian Amenities and Recreation
Development shall include the following components:
1. Provide long-term,covered,bicycle parking areas,
2. Provide well-lit,transit shelters where necessary,
3. Pedestrian-oriented features such as walkways,pergolas,outdoor
sitting plazas,landscaped open space,drop-off areas,and recreational facilities shall be
emphasized,and bike racks shall be provided in appropriate locations throughout the site,
and,
4. Tree-lined or otherwise appropriately landscaped pedestrian paths
and walkways shall link together areas designated as open space within the site,and
wherever possible,to adjoining public areas.
17.11.11 Utilities—Basic Requirements
1. Installation: All utility lines,and/or other subsurface facilities within the street rights-of-
way shall be installed prior to the placement of the roadway sub-base materials. All
electrical and communications lines shall be installed underground. Communications
lines shall include,but not be limited to,telephone,Internet and cable,
2. Identification: The applicant shall provide and install utility identification tape for all
underground utility installations. The tape shall be placed in the trench a minimum of
twelve inches(12")above the pipe,conduit or cable and not less than twelve inches(12")
below the finished grade,
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
Identification tape for utilities shall be traceable,durable,and either non-biodegradable
plastic or metallic,and shall be approximately six inches (6")wide by four thousandths
(004)inches,or four mil,in thickness,
The following colors shall be used unless otherwise specified in the state building codes:
a. Orange-Gas
b. Yellow-Electric
C. Green-Communications(telephone,cable,fire alarm)
d. Blue-Water
e. Red-Sanitary Sewer
3. Easements: Wherever necessary,the Board shall require perpetual,unobstructed
easements for sewers, storm drains,power lines,water mains and other utilities. Such
easements shall be a minimum width of twenty feet(20'),centered on the utility,and
shall be indicated on the site plan approved pursuant to the Plan Approval decision by
metes and bounds. The width of an easement may be changed if determined to be
acceptable by the PAA or Department of Public Works:
a. Easements for water,sewer,electric,telephone lines and drainage piping or channels
shall be provided at locations determined by the Board and the Department of Public
Works for the provision or extension of utilities within the development or to adjacent
properties,
b. Where the development is traversed by any open watercourse,drainage way,channel
or stream,an easement shall be provided which substantially conforms to the lines of
such features for the purpose of protection against encroachment or alteration,
c. Where such easement or any part thereof crosses or appears on any developed lot in
the development,the deed for said lot shall provide a restriction that shall run with the
lot,which prohibits any encroachment or alteration within such easement,
d. Utility easements into or crossing any open space or protected area shall be prohibited
unless approved by the Board upon the recommendation of the Department of Public
Works,
e. Where easements have been approved entering into or crossing open spaces or
protected areas they shall be restored to reflect as nearly as possible the conditions
existing prior to the easement. Vegetative visual buffering required by the Planning
Board in such easements shall be the responsibility of the developer and shall be
reflected in the development performance guarantee,
f. Easements for access to parks and conservation lands abutting a proposed
development may be required by the Board. These easements shall be at a width
determined by the Board to be sufficient for their purpose but will not normally
exceed twenty(20')feet in width,
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
g. The developer may be required to obtain off-site drainage easements when,in the
Board's opinion,the development will cause an increase or change in the surface
water volumes or velocities,either through open channels or through culverts into or
onto any abutting properties;and,
h. Where the easement is accessible from the street,the side slope shall be no greater
than four feet(T)horizontal to one foot(1')vertical. The fast twenty feet(20')of the
easement from the back of sidewalk,or edge of roadway, shall have a twelve inch
(12")deep base of gravel sub-base material beneath the topsoil to support
maintenance equipment.
17.11.12 Sianaae Associated With The Residential Use Component
The residential component shall be limited to three types of sign: name of site,orientation and
direction,and to identify common building spaces. At each principal entrance to the site,only
one sign identifying the name and address of the development shall be permitted. The sign shall
be limited to identifying the name and address of the development. Signs shall be made of
natural materials,or have a natural appearance,and may not be interiorly illuminated. The PAA
shall require the applicant to submit a signage master plan showing the overall design,location,
size and material for all proposed signs within the development. The P n n i i,,.,,f r
The following signs are prohibited in the OSGOD: roof signs,interior illuminated and ground
signs(except those associated with the development entrance).
17.11.13 Sianaae Associated With the Non-Residential and Mixed-Use Component
The PAA shall approve signage within the non-residential and mixed-use components of the
district(s)as part of the site plan review process. One sign will be permitted at the principal
entrance(s)to the non-residential portion of the property. The sign shall be limited to identifying
the name and address of the development.
1. One sign per non-residential use is permitted. The attached or hanging sign shall not
exceed,in total area,more than ten percent(10%)of the dimensional elevation of the
commercial building as determined by the building frontage multiplied by the floor to
ceiling height of the individual business or as specified in applicable sections of the by-
law,
2. For premises having multiple occupants,a single sign,identifying those occupants is
permitted. The total area of attached signs including this one shall not exceed ten percent
(10%)of wall area,
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
3. Temporary unlighted signs inside windows,occupying not more than twenty percent
(20%)of the area of the window requires no sign permit,
4. No sign shall project more than three(3)feet over any public right-of-way. The sign
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,
5. Building directories shall be located inside of the building,
6. Traffic Control orientation and guidance signs located on private property,up to four
(4)square feet in area,displayed for purposes of direction or convenience,including
signs identifying parking,fire lanes,rest rooms,freight entrances and the like;
7. Design-Standards for Signs:
i. These-standards are not mandatory.
ii. Sign content normally should not occupy more than forty percent(40%)of the sign
background,whether a signboard or a building element.
8. Environmental Relationship
i. Overhanging signs should be used only in such circumstances as on side streets where
overhanging positioning is necessary for visibility from a major street,
ii. Sign brightness should not be excessive in relation to background lighting levels,e.g.,
averaging not in excess of one hundred foot-lamberts and not in excess of twenty
foot-lamberts in unlighted outlying areas.
9. Building Relationship:
i. Signs should be sized and located so as to not interrupt,obscure or hide the continuity
of columns,cornices,roof eaves, sill lines or other elements of building structure
Clutter should be avoided by not using support brackets extending above the sign or
guy wires and tumbuckles.
10. Sign Master Plans. Notwithstanding anything to the contrary to the language contained
in Section 17.11.12 and 17.11.13,an Applicant may,in lieu of seeking compliance with
the sign provisions described,propose a Master Plan for signs to be permitted on the
premises by the PAA. Such sign master plan shall include a listing of each sign type,
square footage,location,height,color,materials,and such other information as may be
requested by the PAA to confirm that the Master Plan,once implemented, shall consist of
a single coordinated and clear plan for signage within said premises which generally
conform to the Guidelines described in Sections 17.11.12 and 17.11.13,as applicable.
17.11.14 Roadways
Private roadways shall be allowed in OSGOD.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
1. While roadway surface widths may be narrower than widths associated with a
traditional subdivision,the durability of private roadway surfaces and sub surfaces within
an OSGOD and should be designed based on standard engineering principals. Waivers of
the following standards may be granted when appropriate. The following criteria apply:
Roadway Criterion Minimum Maximum
Min.ROW Width 50 feet 60 feet
Min.Pavement Width 18 feet 26 feet
Min. Centerline Curve Radius 225 feet 250 feet
Min. Tangent length between 150 feet 150 feet
reverse curves
Min. Intersection Corner Curb 40 feet 40 feet
Radius
Min.Horizontal and Vertical Site 200 feet 250 feet
distance
Centerline Profile Grade—Max. 8% 7%
Centerline Profile Grade—Min. 1% 1%
Vertical Curve—Min. Length 100 feet 100 feet
Vertical Curve:K Value—Crest 30 30
Vertical Curve:K Value—Sag 40 40 40
Pavement Cross Slope—Normal 3% 3%
Crown
Maximum Super elevation 6% 6%
2. The PAA shall encourage narrow pavement widths for traveled ways when
appropriate.Pavement widths for traveled ways (excluding on-street parking spaces)
shall not be less than eighteen feet(18)or more than twenty six(26)feet for two-way
traffic,or less than fourteen(14)feet for one-way traffic. The PAA will have discretion
to waive these standards when considering public safety and circulation issues,but under
no circumstance shall vehicular ways be less than 14 feet wide,
3. Parking and vehicle access:
a. Provide for continuous sidewalks that are minimally broken within a block by
vehicular access.
b. Unstructured surface parking areas facing the main street frontages are discouraged.
c. Parking areas shall be setback from structures,property lines and internal ways by a
minimum of 10 feet.
d. Multi-purpose parking areas paved with unit pavers are encouraged(i.e.,areas that
serve both parking and public open space needs).
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
4. All two-way traveled ways shall provide a pedestrian sidewalk of a minimum six-foot
(6')width on both sides of the roadway. All sidewalks shall be of standard concrete or
brick set in concrete and are encouraged where applicable. Minor ways may provide a
pedestrian sidewalk on a minimum of one side of the roadway. On cul-de-sac
turnarounds and at intersections,vertical granite curbing shall be required. Vertical
granite curb inlets with curb transition sections shall be required at the back of catch
basins,on grades over six(6)percent,and at the intersections with arterial streets,
5. Crosswalks with handicap accessible curb cuts shall be provided at all intersections.
All crosswalks and curb cuts shall comply with the requirements of the Massachusetts
Architectural Access Board(MAAB)and/or Americans with Disabilities Act(ADA)
requirements,and
6. Streetscape elements shall be encouraged,including:
a. Sidewalks and crosswalks as noted above;
b. Ornamental street lights,sixteen feet(16')maximum height on minor roads,twenty-
four feet(24')maximum height on major roads,
c. Brick,concrete or other specialty pavements at building entrances,
d. Ornamental fences of less than thirty inches(30")in height,when appropriate,
e. Ornamental bollards to direct pedestrian traffic and define public space.
17.11.15 Storm Drainage
Storm water drainage systems shall be subject to the most recent Massachusetts laws,
regulations,polices and guidelines including but not limited to the DEP Stormwater
Management Policy,as amended,as well as local bylaws.
The design,construction and maintenance of stormwater systems shall be consistent with the
following:
1. Detention/Retention Basin Side Slopes. Basin area side slopes shall be kept as close as
possible to natural land contours,i.e.ten percent(10%)or less wherever possible. A
maximum 3:1 side slope shall be constructed for the interior of the basin areas. For
security purposes fencing may be required by the PAA. Drainage basins shall be
designed to facilitate access for maintenance vehicles and personnel,
2. Drainage Easements. If it is necessary to carry drainage across lots within the
development, storm drainage easements shall be provided,of such width and construction
as will be adequate to accommodate the volume and velocity of the run-off. However,no
such easement shall be less than thirty feet(30')in width,
If a proposed drainage system would carry water across land outside the development
boundaries to an approved outfall,appropriate drainage rights shall be secured by the
applicant at the applicant's expense,and shall be referenced on the 40R Plan,
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
3. Discharging runoff directly into rivers, streams,watercourses,or enlarging the volume,
rate or further degrading the quality of existing discharges/runoff is prohibited. Runoff
shall be routed through vegetated swales,using native species and other structural and
nonstructural systems designed to increase time of concentration,decrease velocity,
increase infiltration,allow suspended solids to settle and remove pollutants. Such
systems will utilize overland flow and re-infiltration as priority techniques for the
treatment of run-off,
4. Retention and detention ponds,and methods of overland flow may be used to retain,
detain and treat the increased and accelerated runoff which the development generates,
5. There shall be a minimum of two(2')feet of naturally occurring soils between the
detention basin bottom and the maximum annual ground water table,
6. Water shall be released from detention ponds at a rate and in a manner approximating the
natural conditions which would have occurred before development,
7. Intermittent water courses such as swales shall be vegetated,
8. The fast one(1")inch of runoff from impervious surfaces,such as rooftops and paved
surfaces, shall be treated in the site of the development,
9. Runoff from parking lots and streets shall be treated to remove oil and sediments. Catch
basins shall be provided with hoods;in the alternative,drainage outfalls shall discharge to
low velocity"vegetated treatment" swales,
10. The use of drainage facilities and vegetated buffer zones as open space and conservation
areas shall be encouraged;and,
11.Neighboring properties shall not be affected by flooding from excessive runoff.
17.11.16 Water Facilities
1. Installation. The applicant shall be responsible for installing water facilities,including,
but not limited to water supply,pipes,hydrants,hydrant markers,gates,valves,and all
other related appurtenances,in accordance with the Regulations and Master Plan of the
Water Department. Any extension of an existing pipe and construction of new pipes
requires approval from the Water Department.Building service pipes and appurtenances
from the system piping to the exterior line of the street right-of-way shall be constructed
for each lot unless the Board of Health has approved individual wells. Said water
facilities shall be shown on the 40R plan,
2. Fire Hydrants. Fire hydrants shall be required throughout the entire development.Fire
hydrants,with hydrant markers,shall be located not more than five hundred feet(500')
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
apart; shall be approved,in writing,as to location by the Fire Chief and the DPW,and
shall be shown on the 40R Plan,
3. Extensions. Reasonable provisions shall be made for extension of the water system and
pipes to adjoining property,including installation of water gates. Appropriate easements
may be required,
17.11.17 Sewer
1. Installation. In the event that the Town sanitary sewer system is located within an
existing public way within four hundred feet(400')measured along the existing public
way or proposed roadway of the development,the applicant shall be responsible for
connecting all lots to the sewerage system unless there are legal,design or;operational ew
e-considerations,in which case,alternative arrangements for sewage disposal
such as through the existing on-site sewage treatment plant or other methods permitted by
law may be utilized. If applicable,connection to the system shall require an approval
from the DPW,and any other required approvals,including,but not limited to approvals
issued by the Greater Lawrence Sanitary District,and a permit for extension/connection
of the sewer system issued by the Massachusetts Department of Environmental
Protection's Division of Water Pollution Control.
17.11.18 Electric and Communication Lines
1. Installation. All electrical and communications lines shall be installed underground.
Communications lines shall include,but not be limited to,telephone and community
antenna television cable,
2. Electric Lines. The electrical power distribution shall be installed in accordance with the
specifications of the Rules and Regulations of the Department of Public Works of the
Town of North Andover in effect at the time of application.
17.11.19 Street Signs
Street signs shall be installed at all intersections in conformity with the specifications of the
Department of Public Works. The signposts at the intersection of each street with any other
street, shall have affixed thereto a sign designating such street as a private way.
17.11.20 Monuments
Monuments shall be four feet long,6 inch square concrete or granite,and shall be installed at all
roadway intersections,at all points of change in direction or at curvature of roadways,at two(2)
property corners of all new lots and at any other points where,in the opinion of the Board,
permanent monuments are necessary.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
1. Monument Spacing. Monuments located in the street right-of-way shall be spaced so as
to be within sight of each other,the sight lines being contained wholly within the street
right-of-way limits. The maximum interval shall be one thousand feet(1000');
2. Monument Materials. Monuments shall be standard granite markers of not less than four
feet(T)in length and not less than five inches(5") square,and shall have a drill hole in
the center. If subsoil conditions prohibit installation of four(T)foot monuments,with
advance approval by the Board,monuments meeting alternative specifications shall be
installed. Monuments shall be set flush with the finished grade;and
3. Monument Certification. No permanent monuments shall be installed until all
construction,which would destroy or disturb the monuments is completed. Placement
and location of bounds are to be certified by a registered professional land surveyor after
installation of the street,and shall be shown on the "as-built" or record plans.
17.11.21 Subzone Design Standards
1. Residential Mixed-Use Zone
Location:As shown on the OSGOD Map.
a. Building Type: The dwelling units in Residential Mixed-Use Zone may be situated in
a single structure or in multiple structures.
b. Nonresidential Uses: If a building containing residential uses also includes permitted
retail,restaurant,and professional services or other uses in the Residential Mixed-Use
Zone,the nonresidential uses shall be centrally located on the ground floor of the
building in which it is contained. Notwithstanding the foregoing,non-residential uses
are preferred,but not required,to be located in buildings containing residential uses,
and non-residential uses may be located in buildings which are separate from
buildings containing residential uses as long as the non-residential use and building
are designed to complement the primary residential use.
2. Mixed-Use Development Zone
Location:As shown on the OSGOD Map.
a. Building Type:For buildings which include a mix of residential and non-residential
uses,the dwelling units in such buildings shall be situated over the allowed non
residential space. Buildings may also be constructed which contain either solely
residential uses or solely non-residential uses.
b. Nonresidential Uses: Non-residential uses are not required to be located in buildings
containing residential uses,and non-residential uses may be located in buildings
which include no residential uses.
3. Business Opportunity Development Subzone
a. Permitted uses in the Business Opportunity Development Subzone shall not exceed
150,000 square feet per development unless waived by the PAA.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
17.12 Application for Plan Approval
17.12.1 Preapplication
Prior to the submittal of a site plan,a"Concept Plan"may be submitted to help guide the
development of the definitive site plan for site buildout and individual elements thereof. Such
Concept Plan should reflect the following:
1. Overall building envelope areas;
2.Approximate building massing,showing heights;
3. Open space and natural resource areas;and,
4. General site improvements,groupings of buildings,and proposed land uses.
The Concept Plan is intended to be used as a tool for both the applicant and the PAA to ensure
that the proposed development design will be consistent with the design standards and other
requirements of the OSGOD.
17.12.2 Application Submission.
An application for Plan Approval shall be submitted to the PAA on the form provided by the
PAA,along with application fees which shall be as set forth in the Regulations.
17.12.3 Required Submittals
The application for Plan Approval shall be accompanied by such plans and documents as may be
required and set forth in the PAA's Regulations. All site plans shall be prepared by a certified
architect,landscape architect,and/or a civil engineer registered in the Commonwealth of
Massachusetts. All landscape plans shall be prepared by a certified landscape architect
registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by
a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed
and stamped,and drawings prepared at a scale of one inch equals forty feet(1"=40')or larger,or
at a scale as approved in advance by the PAA.
17.13 Procedures
17.13.1 Filing
An applicant for Plan Approval shall file the required number of copies of the application form
and the other required submittals as set forth in the Regulations with the Town Clerk,and a copy
of the application including the date of filing certified by the Town Clerk shall be filed forthwith
with the PAA. -An Applicant is encouraged to review the final application with the PAA or its
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
Agent to confirm application completeness prior to filing the final application with the Town
Clerk and PAA.
17.13.2 Circulation to Other Boards
Upon receipt of the Application,the PAA shall immediately provide a copy of the application
materials to the Board of Selectmen,Board of Appeals,Board of Health,Conservation
Commission,Fire Department,Police Department,Building Commissioner,Department of
Public Works,and other municipal officers,agencies or boards for comment,and any such
board,agency or officer shall provide any written comments within 60 days of its receipt of a
copy of the plan and application for approval.
17.13.3 Hearing
The PAA shall hold a public hearing for which notice has been given as provided in Section 11
of G.L. Chapter 40A. The decision of the PAA shall be made,and a written notice of the
decision filed with the Town Clerk,within 120 days of the receipt of the application by the Town
Clerk. The required time limits for such action may be extended by written agreement between
the applicant and the PAA,with a copy of such agreement being filed in the office of the Town
Clerk. Failure of the PAA to take action within said 120 days or extended time,if applicable,
shall be deemed to be an approval of the application and site plan.
17.13.4 Peer Review
The applicant shall be required to pay for reasonable consulting fees to provide peer review of
the Plan Approval application,pursuant to G.L. c. 40R. Such fees shall be held by the Town in a
separate account and used only for expenses associated with the review of the application by
outside consultants,including,but not limited to,attorneys onelu ing ToT ^r'otmse) town
counsel,engineers,urban designers,housing consultants,planners,and others. Any surplus
remaining after the completion of such review,including any interest accrued;shall be returned
to the applicant.
17.14 Decision
17.14.1 Waivers
Upon the request of the Applicant,but subject to Section 17.8.12 as to Affordability,the Plan
Approval Authority may waive dimensional and any other requirements of Section 17.0,
including but not limited to,the design standards of Section 17.10,in the interests of design
flexibility and overall development quality,and upon a finding of consistency of such variation
with the overall purpose and objectives of the OSGOD,or if it finds that such waiver will allow
the development to achieve the density,Affordability,mix of uses,and/or physical character
allowable under this Sectionl7.0.
17.14.2 Plan Review
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
An Application for Plan Approval shall be reviewed for consistency with the purpose and intent
of this Section,and such Plan Review and shall be construed as an as-of-right review and
approval process as required by and in accordance with the Enabling Laws.
17.14.3 Plan Approval
Plan Approval shall be granted where the PAA finds that:
1. The applicant has submitted the required fees and information as set forth in the
Regulations;
2. The development and site plan meet the requirements and standards set forth this Section
17.0,or a waiver has been granted there from;and,
3. Any extraordinary adverse potential impacts of the development on nearby properties
have been adequately mitigated.
17.14.4 Plan Disapproval
A site plan may be disapproved only where the PAA finds that:
1. The applicant has not submitted the required fees and information as set forth in the
Regulations;or
2. The development and site plan do not meet the requirements and standards set forth this
Section 17.0,or a waiver has been granted there from;or
3. It is not possible to adequately mitigate significant adverse potential impacts on nearby
properties by means of suitable conditions.
17.14.5 Form of Decision
The PAA shall issue to the applicant a copy of its decision containing the name and address of
the owner,identifying the land affected,and the plans that were the subject of the decision,and
certifying that a copy of the decision has been filed with the Town Clerk and that all plans
referred to in the decision are on file with the PAA. If twenty(20)days have elapsed after the
decision has been filed in the office of the Town Clerk without an appeal having been filed or if
such appeal,having been filed,is dismissed or denied,the Town Clerk shall so certify on a copy
of the decision. If a plan is approved by reason of the failure of the PAA to timely act,the Town
Clerk shall make such certification on a copy of the application or notice. A copy of the decision
or application bearing such certification shall be recorded in the registry of deeds for the county
and district in which the land is located and indexed in the grantor index under the name of the
owner of record or recorded and noted on the owner's certificate of title. The fee for recording or
registering shall be paid by the applicant.17.14.6 Freeze During Progess; Effeetiveness—and-
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
Validity of Final l Plan A ppr- yal Art,...P-r-o ess
own appheation to the PAA Am Plan ITym,al shall be govemed by the applieable pFovisions of
dos Miele in Met at the time Of the s4mission of the appheation or-notiee,�Miiie the plan OF
notiee is being Aw"ing the pendeney of any appeal and An three 0)yw�H*44 F
of the,lonia ept as the Appl;,.a t may„tl.ei ;se,.1.�
A Plan Ap1moNit!and any and all minor ehanges thereto songht by an Appheam,shall remain
valid and shall Fun with the land indeAnitely,and a development shall be
appheable PFOvisions of this Seetion in effeet at the time of the s4mission of the original
eommeneed within the meaning ofthe Enabling Laws within t-wo(2)yeaFs afteF the deeiSiO
iSSned,Whiek time Shall Jae e4efided by the time FeEfdifed to ad�dieate any appeal if Om Sneh
appr-ONit!and whieh,time shall also be e*tended if the deN-elopment
eOMMenee eOF1StFUetiE%, OF as may be A1:FtheF extended as fro,vided in a Plan
multi phase Sook eomineneement ofeensIfnetion ofthe fist phase ofa
shall eonstitute the timely eommeneement of eonstfuetion of all phases ofthe efltiFe development
pleeeding semenees Of this paFagr-aph,any amendment to this Seetion shall apply to building
this seer;„r in F tin
PFON-iSiORS ofthis Artiele shall Fe,--4e a Awthn Plan ApplOval OF deemed 121an ApPFO:val. FEW
the stfutetutfal paAs or-height of-, or-number of stories or-size of.,a Janildifig OF OtheF StRienife,
pemot a Snbstamially PiffeFefll 1,4e Of Snell building OF OtheF stfuetutFe;and"Extension"means
any,ti..,toFia inneamse ..1.- ,..,1 ., SUbSta ti ly TIFF Fe t —1Se
17.15 Change in Plans after Approval by PAA
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFTOC&JAB
17.15.1 Minor Change
After Plan Approval,an applicant may be apply to make minor changes involving minor utility
or building orientation adjustments,or minor adjustments to parking or other site details that do
not affect the overall buildout or building envelope of the site,or provision of open space,
number of housing units,or housing need or affordability features. Such minor changes must be
submitted to the PAA on redlined prints of the approved plan,reflecting the proposed change,
and on application forms provided by the PAA. The PAA may authorize such changes at any
regularly scheduled meeting,without need upholding a public hearing. The PAA shall set forth
any decision to approve or deny such minor change by motion and written decision,and provide
a copy to the applicant for filing with the Town Clerk.
17.15.2 Maior Change
Those changes deemed by the PAA to constitute a major change because of the nature of the
change in relation to the prior approved plan,or because such change cannot be appropriately
characterized as a minor change as described above,shall be processed by the PAA as a new
application for Plan Approval pursuant to this Section 17.0.
17.16 Severability and Authority.
This Section 17.0 is promulgated pursuant to the authority of G.L. c. 40R and G.L. C. 40A,as
applicable. If any provision of this Section 17 is found to be invalid by a court of competent
jurisdiction,the remainder of Section 17 shall not be affected but shall remain in full force and
effect. The invalidity of any provisions of this Section 17 shall not affect the validity of the
remainder of this Section.
fA++he t\In+es con+inn heln�ni r+ele+er evis+inn+evt and+insert the fnlln.nilog+ev+sinne+he x+erisU
p9ly gpply+n+he 1 2 nnin fli sri n+ onrJ nn++n+he nnD (lierlov
TABLE 1: Summary of Use Regulations
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
Residential
Underlying Mixed-Use Mixed-Use Business t ppgrtunl"ty';
E'ermitted Use Industrial 2 zone 40R Subdistrict 40R Subdistrict 40R Subdistrict
Agricultural Use* Y Y Y Y
Art Gallery Y N Y Y
Auto Service Station* N N N N
Auto&Vehicle Repair/Body Shop N N N N
Bus Garage N N N N
Business&Other Offices Y N Y Y
Car Wash N N N N
Commuter Rail System Y N N Y
Congregate Housing N Y Y N
Continuing Care Retirement Center N Y Y N
Day Care Center SP Y Y N
Eating&Drinking Establishment N* Y Y Y
Funeral Parlor N N Y Y
Golf Course Y N N Y
Guest House N N Y N
Incubator or Business Park N N Y Y
Independent Elderly Housing N Y Y N
Indoor Place of Amusement or Assembly N N SP SP
Indoor Ice Skating Facility SP N SP SP
Lumber,Fuel Storage or Contractor's Yard Y N N N
Manufacturing* Y N N Y
Medical Center* Y N Y Y
Motel or Hotel N N Y Y
Multi-Family Dwellings&Apts. N Y Y N
Municipal Recreation Area N N N N
New Car Sales* N N N N
Non-Profit School Y Y SP SP
Nursing&Convalescent Homes* N N Y N
One-Family Dwelling N N N N
Personal Services N* Y Y Y
Places of Worship Y Y Y Y
Printing&Reproduction Y N N Y
Private School for Profit Y Y SP SP
Professional Offices* Y N Y Y
Public Building or Use Y N Y Y
Public Garages&Accessory Buildings N N SP SP
Public Service Corporation N N N N
Public Sanitary Disposal Site N N N N
Public Storage of Equipment N N N N
Outdoor Recreation Area SP Y Y Y
Research&Development Facilities Y N SP Y
Retail Establishment N* Y Y Y
Retail Plaza N N SP Y
Rooming House N N N N
Taxis Depot N N N N
Town House N N N N
Two Family Dwelling N N N N
Veterinary Hospital&Kennel N N N N
Warehousing&Wholesaling Y N N N
Windmills N N N SP
NOTES:
*-See detailed District Use Regulations for uses allowed in the Industrial 2(I-2)Zoning District as defined in
Section 4 of the Zoning Bylaw.
SP-Allowable with a Special Permit only.
Yl-Refer to Sections 17.6.1 and 17.6.2 for gross floor area restrictions.
Yz-Multi-Family Dwellings&Apartments only allowed in conjuction with mixed-use development projects.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
i
TOWN OF NORTH ANDOVER
PLANNING BOARD
CHAPTER 40R RULES AND REGULATIONS
GOVERNING APPLICATIONS FOR PLAN APPROVAL
Pursuant to MGL Chapter 40R,760 CMR 59.00,
and Section 17.00 Of The Town of North Andover Zoning Bylaw
entitled"Osgood Smart Growth Overlay District'
DATED MAY 14, 2007,
AS APPROVED BY THE MASSACHUSETTS DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT
TABLE OF CONTENTS
1.0 Preamble and Explanatory Note
2.0 Application Contents and Requirements
3.0 Procedures
4.0 Application Form
5.0 Project Review Fees
1 .0 PREAMBLE AND EXPLANATORY NOTES
Pursuant to authority granted under G.L. Chapter 40R, implementing regulations at 760
CMR 59.00, and Section 17.0(Osgood Smart Growth Overlay District)of the Town of North
Andover Zoning Bylaw(collectively, the"Enabling Requirements"), these Town of North
Andover Planning Board Chapter 40R Rules and Regulations(the"Regulations")are intended
to supplement those rules and procedures set forth in the Enabling Requirements in order to
further guide the Town and applicants under the process and procedures set forth on Section
17.0. These Regulations shall be administered by the Planning Board, as Plan Approval
Authority, set forth in Section 17.0 of the Zoning Bylaw.
To the extent that there is any conflict between the Regulations and Section 17.0,the
provisions of Section 17.0 shall govern. Moreover, to the extent there is any conflict between
these Regulations and/or Section 17.0, and the Enabling Laws, the terms of the Enabling Laws
shall govern. These Regulations shall not become effective until such time as the
Massachusetts Department of Housing and Community Development(DHCD) has issued a
"Letter of Approval"which is a letter issued by the DHCD to the Town of North Andover after the
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
adoption of its Smart Growth Zoning for a District, confirming final approval of the Town's
OSGOD District under the Enabling Laws in accordance with the procedures outlined in 760
CMR 59.05(4). Moreover,terms not defined herein shall be governed by the definitions set forth
in the Enabling Requirements.
2.0 APPLICATION CONTENTS AND REQUIREMENTS
2.1 Application Contents - The following information shall be submitted as part of an
Application for Plan Approval for commercial and residential development unless otherwise
waived by the Plan Approval Authority if it finds that such information is not needed for a
thorough review of the Project:
(1) Plan Application in a form provided by the PAA, along with application fees as
required in 5. 0 Project Review Fees Drawings prepared at a scale of one inch
equals forty feet(1"=40') or larger, or at a scale as approved in advance by the
Town Planner.
(2) All site plans shall be prepared by a certified architect, landscape architect,
and/or a civil engineer registered in the Commonwealth of Massachusetts. All
landscape plans shall be prepared by a certified landscape architect registered in
the Commonwealth of Massachusetts. All building elevations shall be prepared
by a certified architect registered in the Commonwealth of Massachusetts. All
plans shall be signed and stamped, and drawings prepared at a scale of one inch
equals forty feet(1"=40') or larger, or at a scale as approved in advance by the
Town Planner,
(3) The following information must be submitted along with the application:
(a) NORTH ARROW/LOCATION MAP: A north arrow and a location map showing
surrounding roadways and land uses adjacent to the site (1"=1500'). Location Map
should show at least one intersection of two existing Town roadways.
(b) SURVEY OF LOT/PARCEL: A boundary survey conforming to the requirements of
the Essex County Registry of Deeds Office. The survey shall be dated and include any
revision made to the survey or site plan. Any change in the survey shall be recorded
before site plan approval may be granted.
(c) NAME/DESCRIPTION OF PROJECT: The name of the development and the names,
addresses and telephone numbers of the project listing tenants,land uses, development
phases, or other pertinent information necessary to evaluate the proposed development
plan.
(d) EASEMENTS/LEGAL CONDITIONS: Identification of easement(s) or legal
encumbrances(s)that are related to the sites physical development, and a listing of any
condition(s)placed upon the site by any public body or agency, with the authority to
place conditions on the site's development.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
(e) TOPOGRAPHY: The present and proposed topography of the site, utilizing two foot
(2')contour intervals. The contours shall extend at least fifty(50')feet beyond the site
boundaries by estimation of the professional submitting the plan.
(f) ZONING INFORMATION: All applicable Zoning Bylaw information shall be
provided regarding the site's development. This information shall be placed in a table
and list all parking, setbacks, percent of lot coverage, floor area ratio, number of
dwelling units, total amount of square feet, size of signs and any other applicable
zoning information necessary for the proper review of the site plan by the Town
Planner and Plan Approval Authority.
(g) STORMWATER DRAINAGE: All storm water drainage control facilities utilized by
the site shall be shown on the site plan. Storm water drainage calculations which
support the design of the control facilities shown the plan shall be submitted to the
Department of Public Works for review and approval. Calculations shall show a
mitigation of runoff to zero of the 2,10,and 100 year storm event.
(h) BUILDING LOCATION: Identification of all existing and proposed structure(s)
located on the site. The number of stories,overall height in feet and gross floor area in
square feet of all structure shall be indicated.
(i) BUILDING ELEVATION: A drawing of the exterior of the building, as viewed from
the front(street view)must be submitted. The PAA may request side and rear views if
relevant to the PAA's review. This drawing must be at least 8"x 11"in size.
(j) LOCATION OF PARKING/WALKWAYS: Identification of the location of all
existing and proposed parking and walkways areas, including curb cuts that will be
used to access the site from adjacent roadways,or access points.
(k) LOCATION OF WETLANDS/NOTICE OF INTENT:All resource areas as defined in
M.G.L. Chapter 131, Section 40 and the Town's Wetland Bylaw, shall be shown on the
site plan as approved by the North Andover Conservation Commission either through
the issuance of the Commission by an Order or Determination.
(1) LOCATION OF WALLS/SIGNS:Identification of the location,height and materials to
be used for all retaining walls and signs located on the site.
(m)LOCATION OF ROADWAYS/DRIVES: Identification of all right of ways and
driveways including the type of curb and gutter to be used, and their dimensions.
Distances to all the nearest roadways and/or curb cuts shall be shown for both sides of
any streets which is adjacent to the site.
(n) OUTDOOR STORAGE/DISPLAY AREAS: Identification of the location and type of
outdoor storage and display areas on the site.
(o) LANDSCAPING PLAN: Identification of the location and landscape schedule of all
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
perimeter and interior landscaping, including but not limited to proposed paving
materials for walkways, fences, stonewalls and all planting materials to be placed on
the site. In addition, all existing trees over 12 inches DBH, to be saved or removed
shall be shown on the site plan. Any landscaping shall be indicated on the site plan in
tabular form showing the amount required and the amount provided.
(p) REFUSE AREAS: Identification of the location of each outdoor refuse storage area,
including the method of storage and screening. All refuse areas must be fully enclosed.
(q) LIGHTING FACILITIES: Identification of the proposed illumination, indicating the
direction and the degree of illumination offered by the proposed lighting facilities,
including an example of the light fixture to be used.
(r) DRAINAGE BASIN STUDY:A detailed hydrology study for the site. Included in this
study is the proposed storm water runoff rates into the existing drainage system and its
potential down-stream impact on the existing drainage system.
(s) TRAFFIC IMPACT STUDY: Identification of existing traffic levels, along with the
expected traffic impacts to occur based upon the proposed project. For projects which
access state highways, a traffic impact study shall be filed with MEPA(if applicable).
A copy of any MEPA filing shall also be filed with the PAA.
(t) COMMONWEALTH REVIEW: Any information required and submitted to any
agency of the Commonwealth, shall be filed with the PAA upon the initial submission
of the project for Board review.
(u) UTILITIES: All utilities, including water line locations, sewer line locations and
profiles,and storm drainage systems.
(v) FISCAL IMPACT: Projections of costs rising from increased demand for public
services and infrastructure; provisions of benefits from increased tax revenues,
employment and infrastructure improvements;and impacts on adjacent property values.
COMMUNITY IMPACT: Analysis of the project's impact on the surrounding neighborhood in
terms of architectural consistency, pedestrian movement and overall character; impacts on
nearby historic structures or site; and an evaluation of the proposed project's consistency
ad compatibility with existing local and regional plan.
3.0 PROCEDURES
3.1 An application for Plan Approval shall be filed by the applicant with the town clerk and a
copy of the application including the date of filing certified by the town clerk shall be filed
forthwith with the Plan Approval Authority. The PAA shall hold a public hearing for which
notice has been given as provided in section 11 of chapter 40A.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
3.2 The decision of the PAA shall be made, and a written notice of the decision filed with the
town clerk,within 120 days of the receipt of the application by the town clerk. The required
time limits for such action may be extended by written agreement between the applicant and
the PAA, with a copy of such agreement being filed in the office of the town clerk. Failure
of the PAA to take action within said 120 days or extended time, if applicable, shall be
deemed to be an approval of the Project. The applicant who seeks approval of a Project by
reason of the failure of the PAA to act within such time prescribed, shall notify the town
clerk, in writing within 14 days from the expiration of said 120 days or extended time, if
applicable, of such approval and that notice has been sent by the applicant to parties in
interest. The applicant shall send such notice to parties in interest by mail and each such
notice shall specify that appeals, if any, shall be made pursuant to this section and shall be
filed within 20 days after the date the town clerk received such written notice from the
applicant that the PAA failed to act within the time prescribed.
3.3 The PAA shall issue to the applicant a copy of its decision containing the name and address
of the owner, identifying the land affected, and the plans that were the subject of the
decision,and certifying that a copy of the decision has been filed with the town clerk and that
all plans referred to in the decision are on file with the PAA. If 20 days have elapsed after
the decision has been filed in the office of the town clerk without an appeal having been filed
or if such appeal,having been filed, is dismissed or denied,the town clerk shall so certify on
a copy of the decision. If the plan is approved by reason of the failure of the approving
authority to timely act,the clerk shall make such certification on a copy of the application.
3.4. A copy of the decision or application bearing such certification shall be recorded in the
registry of deeds for the county and district in which the land is located and indexed in the
grantor index under the name of the owner of record or recorded and noted on the owner's
certificate of title. The fee for recording or registering shall be paid by the applicant.
3.5 Any court authorized to hear appeals under section 17 of chapter 40A shall be authorized to
hear an appeal from a decision under this section by a party who is aggrieved by such
decision. Such appeal may be brought within 20 days after the decision has been filed in the
office of the town clerk.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
4.0 APPLICATION FORM
Town of North Andover Plan Approval Authority
(Planning Board)
Application Check List for 0560b Plan Review
Procedure and Requirements
for Filing an Application
for OSGOD Plan Review
The following information must be submitted thirty(30)days prior to the first public hearing(if necessary).
. The information herein is an abstract of more specific requirements listed in the Zoning Bylaw Section
17.0 Osgood Smart Growth Overlay District and is not meant to supersede them.
• Step 1: Pick up application package:
The petitioner picks up complete application package and Zoning Bylaw to reference
specific requirements.
• Step 2:OSGOD Application Form:
Petitioner completes(3)copies of the application form. All information as required shall be
completed.
• Step 3:Plan Preparation:
Petitioner submits all of the required plan information as cited in Section 17.0 in the North Andover
Zoning Bylaw and/or theses Rules& Regulations.
• Step 4:Submit Application:
Petitioner submits(3)typewritten applications time stamped by the Town Clerk,ten(10)copies of the
plan 1"=40'prepared by a Registered Professional Engineer or Land Surveyor,abutters list certified
by the assessors office and filing fee's.
The petitioner is responsible for recording certification of the decision and any accompanying plans at
the Essex North Registry of Deeds, Lawrence Massachusetts,and shall complete the Certification of
recording form and forward it to the Planning Department.
Important Phone Numbers
978-688-9535 Planning Department
978-688-9542 Planning Department's Fax
978-688-9501 Town Clerk's Office
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
See Section 17.0 of the North Andover Zoning Bylaw for more detailed information
Town of North Andover Planning Board
Application fur,OSGOD Permit
Please type or print clearly:
1. Petitioner:
Address:
Telephone Number:
2. Owners of the Land:
Address:
Telephone Number:
Number of years ownership:
If applicant is not the owner, please state interest in property:
3. Request for an OSGOD Permit under Section 17.0 of the North Andover
Zoning Bylaw to
4. Location of Property:
Zoning District:
Assessors: Map: Lot#
Registry of Deeds: Book#: Page#
5. Existing Lot:
Lot Area(Sq. Ft): Building Height:
Street Frontage; Side Setbacks:
Font Setback: Rear Setback:
Floor Area Ration: Lot Coverage:
6. Proposed Lot(if applicable):
Lot Area(Sq.Ft.): Building Height:
Street Frontage: Side Setback:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
7. Required Lot(as required by Zoning Bylaw);
Lot Area(Sq.Ft.): Building Height:
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
Street Frontage: Side Setback:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
8. Existing Building (if applicable):
Ground Floor(Sq.Ft.) #of Floors
Total Sq. Ft.; Height:
Use: Type of
Construction:
9. Proposed Building:
Ground Floor(Sq.Ft.) #of Floors
Total Sq. Ft.; Height:
Use: Type of
Construction:
10. Has there been a previous OSGOD Application/Permit from the Planning Board
on these premises? If so,when and for what type of
construction?
11. Petitioner and Landowner signature(s):
Every application for an OSGOD Permit shall be made on this form,which is the
official form of the Planning Board. Every application shall be filed with the Town
Clerk's Office. It shall be the responsibility of the petitioner to furnish all
supporting documentation with this application. The dated copy of this
application received by the Town Clerk or Planning Office does not absolve the
applicant from this responsibility. The petitioner shall be responsible for all
expenses for filing and legal notification.
Petitioner's Signature:
Print or type name here:
Owner's Signature:
Print or type name here:
5.0 PROJECT REVIEW FEES
The following review fees are to cover administrative costs and professional municipal staff
review. Additional peer review may be required as outlined in Section 17.13.4.
Development Application shall require the following review fees:
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
General Fee is$3,500+$0.25/sf
Example: 5,000 SF development would be calculated as:
$3,500 fee+$1,250 (5,000 SF x$0.25)=TOTAL$4,250
Protect Application shall require the following review fees:
General Fee is$9300+$50/unit above 200 units
Example: 200 Unit project would be calculated as:
$9,300 fee=TOTAL$9,300
Example: 250 Unit project would be calculated as:
$9,300 fee+$2,500 (50 additional units x$50 each)=TOTAL$12,100
Community Development Division
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
This article seeks to add a new section 17 to the North Andover Zoning By-law which will create
a zoning overlay district for the former Lucent property now known as Osgood Landing. The
overlay district is consistent with the requirements of CH. 40R which was adopted into law in
June of 2004.The Commonwealth through 40 R is offering Incentives to encourage
communities to create additional moderate income housing by offering a carrot in the form of
cash payments from a trust fund established as Ch.10, Sec. 35AA. Funding to support the trust
fund are derived from the sale of surplus Commonwealth properties.
Ch 40 R requires that housing densities must be at least 20 units per acre for multi-family
housing, 8 units per acre for single family homes, and 12 units per acre for 2-3 family buildings
on the developable area. At least 25%of the housing built must be classified as affordable.
Within the overlay district high density retail, commercial and industrial development will also be
allowed. Certain uses such as places of amusement and assembly will be allowed with a
Special Permit. All uses allowed within the underlying zoning(Industrial 2)will continue to be
allowed uses.
The creation of the Osgood Smart Growth Overlay District will have as large if not larger impact
on all aspects of life in North Andover as did the original construction of Western Electric
(Lucent).
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
Article 28. Amend North Andover Zoning Mau - Establish OSGOOD SMART
GROWTH OVERLAY DISTRICT — Mau 34 Parcel 17-1600 OSGOOD STREET-
FORMER LUCENT TECHNOLOGIES SITE. To see if the Town will vote to amend the
Zoning Map of North Andover,pursuant to Section 3.2 of the Zoning Bylaw,to add as a zoning
overlay, the OSGOOD SMART GROWTH OVERLAY DISTRICT; shown as Map 34, Parcel
17 and identified as 1600 Osgood Street,North Andover, Former Lucent Technologies Site. A
map of the district is on file in the Office of the Town Clerk 120 Main Street;or to take any other
action relative thereto.
Poi �
°
f�olr
/ ii / Jriy
ee
1600 Osgood Street
s Smart Growth Overlay District
Community Development Division
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
ESTABLISH OSGOOD SMART GROWTH OVERLAY DISTRICT,Map 34 Parcel 17-1600,
OSGOOD STREET FORMER LUCENT TECHNOLOGIES SITE
This article seeks to amend the zoning map to establish the Osgood Smart Growth Overlay
District at the former Lucent Technology Site, 1600 Osgood Street,North Andover.
Article 29. Accept Provisions of Massachusetts General Laws Chapter 43D — As
Amended by Section 11 of Chapter 205 of the Acts of 2006 To see if the Town will vote to
accept the provisions of Chapter 43D of the Massachusetts General Laws,as amended,pursuant
to Section 11 of Chapter 205 of the Acts of 2006, and to approve the filing of a formal proposal
with the Interagency Permitting Board for the designation as an overlay for land at a portion of
1600 Osgood Street(Map 34,Parcel 17);or to take any other action in relation thereto.
r
P`b G' ors
� 16041 Osond Stl eet
(Map 34,Parcar117)
i
e
fifi .•may
Legend
pppppp[=4u uveriy i)iicu ����� .,,•"
43D F,ircej U gniti-
// Community Development Division
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: Favorable Action
Planning Board Recommendation: To Be Made at Town Meeting
81
APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
Article 30. Amend Zoning Mau—200 and 220 Sutton Street,Assessors Mau 39,Lot 24
and Assessors Mau 28, Lot 1, from Industrial S (I-S) to Business 2 (B-2). To see if the
Town will vote to amend the Zoning Map of the Town of North Andover to rezone two parcels
of land,known and numbered at 200 Sutton Street and 220 Sutton Street shown on the attached
plan entitled "Rezoning Plan Of Land, Map 28, Parcel 1, and Map 39, Parcel 24, in North
Andover, Mass.," dated February 26, 2007, prepared For LBM Realty Trust & Charles T.
Matses, by Andover Consultants, Inc. on file with Town Clerk, located on the north side of
Sutton Street at the corner of Sutton Street and Charles Street, from Industrial-S (I-S)to Business
2(B-2). Said parcels are further described below:
The fast parcel known as 200 Sutton Street consists of 5.46 acres of land,shown as Lot
1 on Map 28 of the Town of North Andover Assessors Map,and is more particularly described
as follows:
Beginning at a point on the northerly line of Sutton Street, 166.00'westerly of a
Stone Bound at the corner of Charles Street
Thence running along said Sutton Street S 84-45-55 W a distance of 145.62'
Thence running still along said Sutton Street N 89-29-11 W a distance of
146.97'to a P.K.Nail at land now or formerly of In-Laws Realty Trust.
Thence turning and running by said land of In-Laws Realty Trust N 11-31-05 W
a distance of 150.03'to a P.K.Nail
Thence turning and running S 78-28-55 W a distance of 218.17' to Cochichewick
Brook
Thence running by said brook 75' +/-to land now or formerly of Boston&Maine
Railroad
Thence running N 51-14-47 E a distance of 130.87'
Thence running N 44-58-47 E a distance of 102.00'
Thence running N 38-36-19 E a distance of 61.32'
Thence on a curve with a radius of 2,414.40'a distance of 533.45' the last four
courses along said land of Boston&Maine Railroad,
Thence running S 55-26-12 E a distance of 18.98' to Charles Street
Thence along said Charles Street on a curve with a radius of 65.00' a
distance of 71.50'
Thence along said Charles Street on a curve with a radius of 29.95' a
distance of 25.21'
Thence along said Charles Street running S 05-16-20 E a distance of
370.25' to Parcel 24 as shown of said plan
Thence running by said Parcel 24 S 84-45-55 W a distance of 166.00'
Thence running S 05-16-20 E a distance of 300.00' to the point of
beginning.
Containing 5.46 acres+/-according to said plan.
The second parcel numbered as 220 Sutton Street is shown as Lot 24
on Assessors Map 39 of the Town of North Andover Assessors Map,
and is more particularly described as follows:
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
Beginning at a stone bound at the corner of Charles Street& Sutton Street
Thence running along said Sutton Street S 84-45-55 W a distance of
166.00' to Parcel 1 as shown on said plan
Thence running by Parcel 1 N 05-16-20 W a distance of 300.00'
Thence running N 84-45-55 E a distance of 166.00'to Charles Street
Thence running along Charles Street S 05-16-20 E a distance of 300.00'to
the point of beginning
Containing 49,800 sq. ft. +/-according to said plan.
For deed reference to Lot 1 (200 Sutton Street), see Deed to LBM Realty
Trust recorded with the Essex North District Registry of Deeds in Book
3342, Page 328. For deed reference to Lot 24, see Deed to Charles T.
Matses recorded with said Deeds in Book 958,Page 22,
Or to take any other action related thereto.
_. n. r "
p Rezone 200-220
Sutton Street
d` Map 28 Parcel 9
a" m""'"any apt Industrial S(IS)To
2)
o Business r
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Rezone 200-220
Uo goo Sutton Street V
Map 39 Parcel 24 uI
a w" Industrial S(IS)To
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Petition of John T. Smolak and others
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: Favorable Action
Planning Board Recommendation: To Be Made at Town Meeting
83
APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
This article seeks to rezone two parcels of land from Industrial S to Business 2.
The Industrial S zone allows for many uses that are not allowed within any of the other industrial
districts, such as contractors yard,lumber yard,other building materials storage and sales,fuel
storage,warehousing,wholesaling,manufacturing,fabrication, finishing,assembly and other
uses. An automobile service or filling station,diner,restaurant or retail food store are allowed
by Special Permit. No other retail uses are allowed.
The Business 2 district allows for retail establishments,business and professional offices,banks,
medical center,funeral parlor,and other similar uses. Multi-family housing is allowed by
Special Permit.
Article 31. Amend Zoning Bylaw — Section 4.133 Industrial 2 District — Add New
Subsection - Subsection 24—Allowed Uses in I-2 District. To see if the Town will vote to
amend the allowed uses found in section 4.133 (Industrial 2 District) of the North Andover
Zoning Bylaw by adding a new subsection 24. as follows:
"24. The following uses shall be permitted by Special Permit issued by the Planning Board, and
shall be subject exclusively to the design and dimensional requirements of the Route 114
Corridor Development District 2 (CDD2) provisions described in Subsections 16.5 through
16.10,as well as 16.12.2 of the Zoning Bylaw. The Planning Board may waive such design and
dimensional requirements if it is deemed to be in the public interest to do so, and the Applicant
may elect to include other uses allowed within the Industrial District under Section 4.133 as part
of a proposed project to be governed by the provisions under this Subsection 24.
a. Retail uses excluding auto sales,provided there is no outdoor sales or storage of materials
and products,
b. Restaurants,excluding drive through facilities,
C. Personal Service Establishments,
d. Professional offices including, but not limited to, banks, real estate offices, insurance
offices,physicians offices,dentists,attorneys,architects,engineers or accountants;and,
e. Accessory drive-through facilities,limited to banks and pharmacies only."
And in connection therewith,to amend Table 1 (Summary of Use Regulations) under the list of
Permitted Uses for "Eating and Drinking Establishment," ..Personal Services," "Retail
Establishment"by replacing under the I-2 District column the note"Y'with the note"SP" and
take any other action related thereto.
Petition of John T. Smolak and others
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
This article seeks to change the allowed uses within the Industrial 2 District by adding a new
section 24. Industrial 2 presently limits retail and food service as an accessory to the principal
use only, and further, limits the area to no more than 10%of the principal use. Section 24 will
allow for additional retail, personal service and business uses and requires a Special Permit
issued by the Planning Board, consistent with the applicable sections of the Corridor
Development District(CDD2)
Article 32. Amend Zoning Mau—Assessors Mau 108-C Parcel 9—Route 114—Turnpike
Street and Berry Street—Rezone from Residential 2 (R2)to CDD2. To see if the Town will
vote to rezone the following described parcel of land (the "Property") from "Residential 2
District" to "Corridor Development District 2." The Property is located along Route 114
(Turnpike Road),North Andover,Massachusetts and shown on Assessor's Map 108-C as Lot 09.
The Property has a total area of 133,238 square feet(3.059 acres) of land and 693.86 lineal feet
of frontage along Turnpike Road and is further defined on a Plan of Land filed with the Land
Court Division of the Essex North District Registry of Deeds as Plan Number 15467. The
Property is on the north side of Route 114 opposite Harold Parker Road and is located 150.88
feet southeast of Berry Street directly in front of the Town's soccer fields and adjacent to other
property owned by the Town that lies on the corner of Berry Street and Route 114. The Property
abuts the southwest side of 2170 Turnpike Road;or to take any other action relative thereto.
5 Rezone Assessor
Map 108C Parcel 9
Residential 2(R2)to
Corridor Development
District 2(CDD2)
Op
.e,
Board of Selectmen
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
Article 33. Amend Zoning Mau—Assessors Mau 108-C Parcel 9—Route 114—Turnpike
Street and Berry Street—Rezone from Residential 2(R2)to Industrial 1 (1l). To see if the
Town to amend the official Zoning Map of the Town of North Andover,dated May 12, 1972,in
order to rezone the Property from "Residential 2 District" to "Industrial 3 District." The
Property consists of 133,238 square feet (3.059 acres) of land and lies within the Residential 2
District. The rear boundary line of the Property demarcates the Residential 2 District and the
Industrial 3 District. The Property is on the north side of Route 114 opposite Harold Parker
Road and is located southwest of Berry Street directly in front of the Town's soccer fields and
southeast of other property owned by the Town that lies on the corner of Berry Street and Route
114. The purpose of this petition is to rezone the Property to Industrial 3 District;or to take any
other action relative thereto.
Rezone Assessor Map
5 108C
Parcel 9 Route 114
Turnpike Street
From Residential 2(R2)
--sa to Industrial 1(11)
By Citizen Petition
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
FINANCE COMMITTEE EXPLANATION: This article seeks to rezone from Residential 2
(R2)to Industrial 1,a site containing 3.059 acres. The present R 2 zone allows one house per
acre,with 150' of road frontage. The Industrial 1 District requires a minimum of 80,000 sq.ft,
with 150' of road frontage and allows for numerous types of industrial applications.
Article 34. Petition the General Court -Enact General Bylaw— Machine Shop Village
Neighborhood Conservation District Bylaw — Chapter 134 — Neighborhood Conservation
District-Machine Shop Village. To see if the Town will vote to petition the General Court to
enact a bylaw defined as the "Machine Shop Village Neighborhood Conservation District
Bylaw"to be inserted into the General Bylaws for the Town of North Andover as Chapter 134.
PREAMBLE:
The Massachusetts Historical Commission has defined a Neighborhood Conservation District as
a group of buildings and their settings that are architecturally and/or historically distinctive and
worthy of protection based on their contribution to the architectural,cultural,political, economic
or social history of the community. A Neighborhood Conservation District bylaw protects the
overall character of the neighborhood by regulating the demolition of significant buildings and
making sure new construction respects the scale, massing, setback and materials of the historic
structures.
A Neighborhood Conservation District is different from a Local Historic District such as the Old
Center Local Historic District. A Local Historic District is a group of buildings and their settings
that are worthy of protection at the local level, and are generally more historically intact than
buildings in a Neighborhood Conservation District. Local Historic District regulations are
generally more restrictive than Neighborhood Conservation District regulations.
The Machine Shop Village Study Committee (MSVSC) was established by the North Andover
Board of Selectmen in February 2006. The MSVSC reviewed Machine Shop Village history,
reviewed requirements for Local Historic Districts and for Neighborhood Conservation Districts
and solicited input from neighborhood residents through numerous public meetings. A
Neighborhood Conservation District will benefit the Town by preserving the fabric of historic
Machine Shop Village without overly encumbering the residents with restrictions. It is expected
that a Neighborhood Conservation District will be able to preserve structures, eliminate
demolition and require that significant structural changes suit the character of the neighborhood,
without limiting the ability of routine maintenance and minor alterations to be made in a cost-
effective manner.
The proposed Bylaw is as follows:
Machine Shop Village Neighborhood Conservation District— Chapter 134
The Town of North Andover hereby establishes a Neighborhood Conservation District, to be
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
administered by a Neighborhood Conservation District Commission. This Bylaw shall be known
and may be cited as the North Andover Machine Shop Village Neighborhood Conservation
District Bylaw and is adopted pursuant to Chapter 40C of the General Laws of the
Commonwealth of Massachusetts,as amended.
PURPOSE
This by-law is enacted for the purpose of preserving and protecting groups of buildings and their
settings that are architecturally and historically distinctive which constitute or reflect distinctive
features of the architectural, cultural, economic, political or social history of the town and to
limit the detrimental effect of alterations, additions, demolitions and new construction on the
character of the town. Through this bylaw, alterations, additions, demolition and new
construction may be reviewed for compatibility with the existing buildings, setting and
neighborhood character. This bylaw seeks to encourage the protection of the built environment
through a combination of binding and non-binding regulatory review. This bylaw promotes the
public welfare by making the town a more attractive and desirable place in which to live and
work.
DEFINITIONS
As used in this Bylaw the following terms shall have the following meaning:
ADDITION
A change to a building that includes additional stories,height or floor area.
ADVISORY REVIEW
An application review procedure that provides non-binding recommendations to the applicant.
ALTERATION,TO ALTER
A change to a building or part thereof such as removal, construction,reconstruction,restoration,
replication,rehabilitation, demolition and other similar activities. A change to a building that
includes additions and other similar activities. A change to a site that includes constructing,
placing,erecting,installing,enlarging and moving a building or other similar activities.
APPLICATION
The complete document(s)and supporting material(s)to be submitted by an applicant desiring to
obtain a Certificate to Alter. A complete application shall include information reasonably
deemed necessary by the commission to enable it to make a determination.
BUILDING
A combination of materials forming a shelter for persons,animals or property.
CERTIFICATE TO ALTER
A document granted by the Neighborhood Conservation District Commission in order to obtain a
building(or demolition)permit.
COMMISSION
The Machine Shop Village Neighborhood Conservation District Commission
COMPATIBLE
A project that meets the design guidelines of the neighborhood conservation district commission.
DESIGN GUIDELINES
The document used by the Neighborhood Conservation District Commission to determine
whether a proposed project is compatible. The design guidelines are appended to this bylaw.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
DISTRICT
The Neighborhood Conservation District as established in this bylaw.
PERSON AGGRIEVED
An applicant,an abutter or an owner of property within the district.
SUBSTITUTE DOORS
Doors consisting of materials that no longer represent the original fabric but do maintain the
original architectural integrity with respect to form,fit and function.
SUBSTITUTE SIDING
Exterior covering of building consisting of materials that no longer represent the original fabric
or intent.
SUBSTITUTE WINDOWS
Windows consisting of materials that no longer represent the original fabric but do maintain the
original architectural integrity with respect to form,fit and function.
DISTRICT
The Neighborhood Conservation District shall encompass the area shown on the map titled,
Machine Shop Village Plan of Proposed Neighborhood Conservation District,Figure 1,which is
appended to this bylaw.
NEIGHBORHOOD CONSERVATION DISTRICT COMMISSION
The Neighborhood Conservation District shall be overseen by a Commission consisting of five
or seven members,to be appointed by the Board of Selectmen,two or three members initially to
be appointed for one year, two or three for two years, and one for three years, and each
successive appointment to be made for three years.
The Board of Selectmen may appoint up to five alternate members to the Neighborhood
Conservation District. Said alternate members shall initially be appointed for terms of one,two
and three years, and for three year terms thereafter. In the case of absence, inability to act, or
recusal from action due to a conflict of interest, his or her place shall be taken by an alternate
member designated by the Chairperson, if available, otherwise by the Vice-Chairperson if
available, otherwise by a majority vote of the members and alternate members of the
Commission present.
The Commission shall include, if possible, a minimum of three residents of the district, a
member of the local historical commission; a Realtor; an architect and a building contractor
familiar with historic rehabilitation. If possible,the Chairperson of the Commission should be a
resident of the district elected by a majority of the Commission. Members and alternates of a
neighborhood conservation district shall by reason of experience or education have demonstrable
knowledge and concern for improvement,conservation and enhancement of the district.
Each member and alternate member shall continue to serve in office after the expiration date of
his or her term until a successor is duly appointed.
Meetings of the Commission shall be held at the call of the Chairperson, at the request of two
members and in such other manner as the Commission shall determine in its Rules and
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
Regulations. Three members of the Commission shall constitute a quorum.
NEIGHBORHOOD CONSERVATION DISTRICT COMMISSION POWERS AND
DUTIES
The Commission shall exercise its powers in administering and regulating the alteration of
buildings within the neighborhood conservation district as set forth under the procedures and
criteria established in this bylaw.
The Commission,after a public hearing duly posted and advertised at least 14 days in advance in
a conspicuous place in Town Hall, may adopt and from time to time amend, reasonable Rules
and Regulations not inconsistent with the provisions of this bylaw or setting forth such forms and
procedures as it deems desirable and necessary for the regulation of its affairs and the conduct of
its business, including requirements for the contents and form of applications for certificates,
fees hearing procedures and other matters. Amendments to the Rules and Regulations shall be
made by a majority vote of the Commission. The Commission shall file a copy of any such
Rules and Regulations with the office of the Town Clerk.
The Commission,after a public hearing duly posted and advertised at least 14 days in advance in
a conspicuous place in Town Hall may from time to time amend the design guidelines which set
forth the designs for certain alterations which are, in general, suitable for the issuance of a
Certificate to Alter. Amendments to the design guidelines shall be made by a majority vote of
the Commission. No such design guidelines shall limit the right of an applicant for a Certificate
to Alter to present other designs to the Commission for approval.
The Commission shall at the beginning of each year hold an organizational meeting and elect a
Chairperson,a Vice Chairperson and Secretary,and file notice of such election with the office of
the Town Clerk. The Commission shall keep a permanent record of its regulations,transactions,
decisions and determinations and of the vote of each member participating therein. The
Commission shall undertake educational efforts to explain to the public and property owners the
merits and functions of a neighborhood conservation district.
ALTERATION PROHIBITED WITHOUT A CERTIFICATE
Except as this Bylaw provides,no building or part thereof within a Neighborhood Conservation
District shall be altered unless the commission shall fast have issued a Certificate to Alter.
Except as this Bylaw provides,no building(or demolition)permit shall be issued by the town or
any department thereof until a Certificate to Alter has been issued by the Commission.
ALTERATIONS EXCLUDED FROM COMMISSION REVIEW
It shall be the responsibility of the Commission, or its delegate thereof to determine whether an
alteration is exempt from review. The Commission or its delegate thereof shall have seven days
to make this determination.
The following projects are excluded from Commission review.
• Projects not requiring a building(or demolition)permit.
• Structures when not defined as buildings or parts of buildings
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
• Temporary buildings subject to time limits by the Neighborhood Conservation District
Commission.
• Interior Alterations
• Storm windows and doors, screen windows and doors.
• Removal,replacement or installation of gutters and downspouts.
• Removal,replacement or installation of window and door shutters.
• Accessory buildings of less than 100 square feet of floor area.
• Removal of substitute siding.
• Alterations not visible from a public way.
• Ordinary maintenance and repair of architectural features that match the existing
conditions including materials,design and dimensions.
• Replacement of existing substitute doors, substitute siding or substitute windows with
new materials that are substantially similar to the existing condition.
• Replacement of original fabric windows or doors with substitute windows or doors that
maintain the architectural integrity with respect to form, fit and function of the original
windows or doors.
• Reconstruction, substantially similar in exterior design, of a building, damaged or
destroyed by fire, storm or other disaster, provided such reconstruction is begun within
one year thereafter and carried forward with due diligence.
PROCEDURES FOR THE REVIEW OF MAJOR ALTERATIONS
The following major alterations require the submittal of an application for a regulatory review by
the Commission. The decision of the Commission shall be binding on the applicant.
• Demolition of a building or part of a building.
• New construction including buildings and additions.
• Accessibility Improvements including ramps,rails,walkways and mechanical equipment
associated with exterior architectural barriers.
• Replacement of original fabric with substitute siding
• Removal of architectural trim
• Replacement of windows and doors that alters the form, fit or function of the existing
opening.
Within forty five days of the submittal of an application for a major alteration, the Commission
shall hold a public hearing on the application. At least seven days before said public hearing,
public notice shall be given by posting in a conspicuous place in Town Hall. Such notice shall
identify the time,place and purpose of the public hearing. At least seven days before said public
hearing, a copy of said public notice shall be mailed to the applicant, to the owners of all
adjoining properties and of other properties deemed by the Commission to be materially affected
thereby all as they appear on the most recent applicable tax list.
Following the public hearing,the Commission shall determine whether the proposed alteration is
compatible with the design guidelines and the purpose of this bylaw. Determinations shall be
made by majority vote of the Commission.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
If the Commission determines that the alteration is compatible, the Commission shall issue a
Certificate to Alter. The concurring vote of a majority of the members shall be required to issue
a Certificate to Alter.
If the Commission cannot determine that the alteration is compatible, the Commission shall
decline to issue the Certificate to Alter. The Commission shall provide the applicant with the
reasoning for their disapproval including how the alteration does not meet the design guidelines
or the purpose of this bylaw.
PROCEDURES FOR ISSUANCE AND FILING OF CERTIFICATES
Each Certificate issued by the Commission shall be dated and signed by its chairperson or such
other person designated by the Commission to sign such Certificates on its behalf. The
Commission shall send a copy of its Certificates and disapprovals to the applicant and shall file a
copy of its Certificates and disapprovals with the office of the Town Clerk and the Building
Commissioner. The date of issuance of a Certificate or disapproval shall be the date of the filing
of a copy of such Certificate or disapproval with the office of the Town Clerk.
If the Commission should fail to make a determination within sixty days of the filing of the
application for a Certificate, or within such further time as the applicant may allow in writing,
the Commission shall thereupon issue a Certificate to Alter due to failure to act.
ENFORCEMENT AND PENALTIES
The neighborhood conservation district is specifically authorized to institute any and all actions,
proceedings in law and in equity, as they deem necessary and appropriate to obtain compliance
with the requirements of this bylaw or to prevent a threatened violation thereof.
The Commission may designate the Building Commissioner to act on its behalf and to enforce
this Bylaw under the direction of the Commission.
Any owner of a building subject to this bylaw that altered a building without first obtaining a
Certificate to Alter in accordance with the provisions of this bylaw shall be subject to a fine of
not more than Three Hundred Dollars. Each day the violation exists shall constitute a separate
offense until the alteration is corrected, the addition is removed or a faithful restoration of the
demolished building is completed or unless otherwise agreed to by the Commission. If a
violation of this bylaw remains outstanding, no building permit on the premises shall be issued
until the violation is corrected or unless otherwise agreed to by the Commission.
APPEAL PROCEDURE
Any applicant or person aggrieved by a determination of a neighborhood conservation district
commission may appeal to a court of competent jurisdiction.
VALIDITY AND SEPARABILITY
The provisions of this Bylaw shall be deemed to be separable. If any of its provisions, sections,
subsections, sentences or clauses shall be held to be invalid or unconstitutional by any court of
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
competent jurisdiction,the remainder of this Bylaw shall continue to be in full force and effect.
APPENDICES
A. The location and boundaries of the Machine Shop Village Neighborhood
Conservation District are defined and shown on the Machine Shop Village
Neighborhood Conservation District Map of the Town of North Andover,
Figure 1 which is a part of this Bylaw.
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B. Design Guidelines
Appendix B Machine Shop Village
Neighborhood Conservation District -Design Guidelines
No building permit for construction of a building or structure or for alteration of an
exterior architectural feature within the Machine Shop Village Neighborhood
Conservation District and no demolition permit for demolition or removal of a
building or structure within the Machine Shop Village Neighborhood Conservation
District shall be issued by any town department until a Certificate to Alter has been
issued by the Commission.
GENERAL
There are many elements that contribute to the character of both a building and a neighborhood
that are considered by the Commission in its deliberations. These include architectural style,
individual architecturally significant elements, and the degree of visibility for work under
construction. The design strategy used in the context of the Neighborhood Conservation District
recommends that changes made are consistent with the materials, scale, proportions, detailing,
character,and stylistic features of the building.
In passing upon matters before it the commission shall consider, among other things,the historic
and architectural value and significance of the site, building or structure, the general design,
arrangement, texture, and material of the features of buildings and structures in the surrounding
area. In the case of new construction or additions to existing buildings or structures the
commission shall consider the appropriateness of the size and shape of the building or structure
both in relation to the land area upon which the building or structure is situated and to buildings
and structures in the vicinity, and the commission may in appropriate cases impose dimensional
and set-back requirements in addition to those required by applicable ordinance or by-law. The
commission shall not make any recommendation or requirement except for the purpose of
preventing developments incongruous to the historic aspects or the architectural characteristics
of the surrounding and of the Machine Shop Village Neighborhood Conservation District.
The Commission recommends the following general guidelines:
1. Original materials and features should be kept and not removed or altered; if a
replacement is necessary it should match the original in material and design.
2. New openings on visible facades are discouraged,except to restore original or pre-
existing conditions.
3. Restoration of missing design features should be documented by photographic,
physical or historical evidence.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
4. Deteriorated architectural features should be repaired rather than replaced,
whenever possible.
5. Wherever possible,new additions or alterations to structures shall be done in such
a manner that if such additions or alterations were to be removed at a later date,the
essential form and integrity of the structure would be unimpaired.
6. The use of new materials not originally found on the building is discouraged.
7. The commission generally encourages the retention of existing original windows.
NEW CONSTRUCTION AND ADDITIONS
New construction requires much careful planning. The Commission reviews proposals on a case
by case basis.
1. Additions should, if possible, be on the least visible fagade. The Commission
prefers the least disruption to the external appearance of the building and the
streetscape.
2. Typically additions should blend or harmonize with the existing character of the
building,taking into account size, scale,massing,material, location and detail. It
is also desirable that the original portion of the building continues to be
recognizable, apart from the addition, by means of massing, articulation, trim or
other devices.
3. New construction should be compatible and harmonious with the existing historic
streetscape. The historic relationship of buildings to the street,including setbacks
and open spaces, shall be maintained. Attention will be given to construction
materials,scale,massing,and architectural details.
WINDOWS
Windows are one of the most important design features of any structure. The material, design
and placement of the windows reflect the architectural and cultural character of the building's
period or style. There are several aspects to consider—including the original casing, size, and
number of panes,rhythm,patterns,placement,and type of window.
1. Typically the number and arrangement of panes in new windows should be
compatible with similar sized and proportioned windows in the building, e.g. "two
over one',"six over six",etc.
2. It is desirable to repair and retain existing elements, such as sash, casings and
muntins (or mullions), whenever possible. If replacement is necessary, it should
be an exact replication of the original—e.g. with the same number and size of
panes and dimensions of components.
3. New window openings and changes in existing window opening dimensions are
generally discouraged,especially on principal facades.
4. Where double glazing intended to look like traditional wood sash is used, for
instance on new construction, the commission generally prefers sash with a single
sheet of double glazing and externally and internally adhered wood muntins
combined with appropriately colored internal glazing bars between the layers of
glass.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
5. Removable storm windows are preferred to replacement of original wood sash.We
encourage storm windows that have a baked enamel finish that blends in with the
paint scheme of the building or has a paintable surface.
6. Stained glass or decorative windows should be retained.
MASONRY
1. The painting of masonry,which has never been painted,is strongly discouraged.
2. Tuck pointing (laying new mortar in old mortar joints of an existing brick wall)
can change the appearance and character of a brick or stone walls. Repointing
should be discussed with the Commission in advance.
3. Retain the original mortar whenever possible. If it is necessary to repoint,
duplicate the old mortar as nearly as possible in type, color, size, texture and joint
profile.
4. New bricks should match the old brick as closely as possible in size, color, and
bond.
5. The use of sealers for bricks is strongly discouraged,as it tends to trap moisture.
6. If brick needs cleaning, sandblasting is not permitted. It will destroy the brick's
hard outer crust and accelerate its deterioration.
CLAPBOARD,SHINGLES,TRIM AND DETAILS
1. The covering of clapboard and shingles with any artificial siding or any other
material is discouraged, except in accordance with the bylaw. The replacement of
the original historic material is encouraged.
2. Existing trim should be retained and repaired wherever possible.
3. Removal of any architecturally or historically important trim is strongly
discouraged. Such trim should be restored or replaced with an exact duplication.
4. The covering of trim with any artificial siding or any other material is discouraged.
ROOFS-CHIMNEYS-DORMERS
1. All distinctive roof features-patterned shingles, iron cresting, chimneys, and
weathervanes should be retained.
2. The retention of original rooflines is strongly encouraged.
3. Skylights and dormers are reviewed on an individual basis. It is recommended
that these elements be placed on the rear or least visible fagade whenever possible.
4. Original dormers and trim should not be removed.
DOORS-ENTRANCES-PORCHES
1. Historic door openings should be retained.
2. Existing doors and door elements should be retained,including,but not limited to,
transoms and sidelights.
3. Efforts should be made to replicate existing door hardware.
4. Plywood,metal,or other non-wood doors are not acceptable,except in accordance
with the bylaw.
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
5. The replacement of original elements or features appropriate to the style and age of
a building is normally encouraged, when those features have been replaced with
clearly unsuitable substitutes.
6. Removable storm doors, like removable storm windows, are permitted as
"reversible changes". However, their installation should not destroy the integrity
of original doorway.
7. Entrance porticos and porches shall be maintained,wherever possible
8. Enclosing porches and steps so as to destroy their intended appearance is strongly
discouraged.
SIGNS
Signage within the Machine Shop Village Neighborhood Conservation District should contribute
to and be in keeping with the historic character of the area. Traditional wood or wood like
carved or painted signs are encouraged. Spot lighting is permitted. All new signs are subject to
review by the commission. Signs made of the following types and/or materials will not be
approved:
1. Plastic signs illuminated from the inside are not permitted.
2. No neon signs.
3. Existing neon signs can remain in place for a period of three years from the date
that these guidelines come into effect.
4. Permanent vinyl banners will not be permitted.
5. Temporary vinyl banners or signs will be permitted for a period of time not to
exceed 60 days.
SEVERABILITY
The provisions of these design guidelines shall be deemed to be severable if any of its provisions
shall be held to be invalid or unconstitutional by any court of competent jurisdiction the
remaining provisions shall continue in full force and effect.
Or to take other action relative thereto.
Petition of Lizzetta M.Fennessy and others
Board of Selectmen Recommendation: Favorable Action
Article 35. Amend North Andover Zoning Bylaw— Sections 8.9(3)(c)(v), 8.9(5)(d)(vii)(3),
and 8.9(8)—Wireless Service Facilities— Setback and Monitoring Requirements. To see if
the Town will vote to amend the Zoning Bylaw, Section 8.9 Wireless Service Facilities,
subsection: 3)(c)(v) and 5)(d)(vii)(3) to modify the setback requirements and application
submission requirements for wireless service facilities.
Sub-section 8.9(3)(c)(v) is to he amended by removing the text shown as stricken, and adding
the text shown as underlined
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APRIL 12,2007 FINANCE COMMITTEE REPORT DRAFT-BC&JAB
3) District Regulations
C) Dimensional Requirements
v) Setbacks All wireless service facilities and their equipment shelters shall comply with the
building setback provisions of the zoning district in which the facility is located. In addition,the
following setbacks shall be observed.
(1) In order to ensure public safety, for any new groundmounted wireless service facility the
minimum distance from the base of any groundmounted wireless service facility to any
property line, shall be two (2) times 2-2-*the height of the facility/mount, including any
antennas or other appurtenances. This set back is considered the"fall zone".
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(2) Any non-concealed wireless service facility shall be set back at least two (2) times the
height of the wireless service facility, as measured from the ground level,to each lot line
of the site on which the wireless service facility is located. However,in the event that the
wireless service facility is being mounted or—, attached or co-located to a pre-existing
tower or pre-existing structure whose setback is already approved, either by light, by
special permit or by variance, and, if 0he CDr n a°t ;�° t_h_F4 '>,° ^aa,',^^ A4'hR°
ffl l �i;�r °• z�ffl roP°1 then no
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new independent setback requirement shall be eFe required by the addition or co-
location of the wireless service facility.
(3) In the event that a wireless service facility is located, co-located, or concealed within a
an enclosed building,
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then no new independent setback requirement shall be
efealed-required for that facility.
(4) In non-residential districts or on Town of North Andover owned land, the SPGA may
grant a special permit to allow a lesser setback if it makes a finding that such lesser
setback provides adequate safely, promotes co-location or improves design, or improves
public safety communication, and will not negatively impact the appearance and
character of the neighborhood.
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Sub-section 8.9(5)(d)(vii)(3)is to be deleted by removing the text shown as stricken.
5) Application Procedures
d) Application Filing Requirements
vii) Radiofrequency Radiation(RFR)Filing Requirements
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Planning Board
Board of Selectmen Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: Favorable Action
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Article 36. Amend Zoning Bylaw—Add New Section— Section 7.4 (5) —Dimensional
Requirements—Building Heights. To see if the Town will vote to amend the North Andover
Zoning Bylaw by adding a new section, Section 7.4(5);or take any other action relative thereto.
Section 7.4 (5)to read as follows:
SECTION 7 DIMENSIONAL REQUIREMENTS
7.4 Building Heights
5. Nor of a manufacturing building a height of eighty-five (85) feet from the ground, or
pharmaceutical manufacturing silo having a height of one hundred-fifteen(115)feet from
the ground.
Community Development Division
Board of Selectmen Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
Article 37. Amend North Andover Zoning Bylaw— Section 8.5.6(F)Usable Open Space.
To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section
8.5.6(F) in order to further clarify the definition of Usable Open Space and the method for
calculation of usable open space within a Planned Residential Development.
Section 8.5.6(F)Usable Open Space now reads:
F. Usable Open Space: Usable Open Space shall be defined as the part or parts of land within
the PRD, which are reserved for permanent open space. This space shall exclude parking
areas, but include required setbacks and walkways. The usable open space shall be open an
unobstructed to the sky; however, trees, planting, arbors, flagpoles, sculptures, fountains,
swimming pools, atriums, outdoor recreational facilities and similar objects shall not be
considered obstructions.
1. For subdivision PRD's the minimum usable open space requirements shall be 35%of the
total parcel area;and no more than 25%of the total amount of required usable open space
shall be wetland.
2. For site planned PRD's,the minimum usable open space requirements shall be 50%of the
total parcel area, and no more that 25% of the total required usable open space shall be
wetland.
All resource area shall be determined by the requirements of M.G.L. Chapter 131, Section 40,
and the
Town's Wetland Bylaws under this subsection.
For all PRD's the Usable Open Space shall be owned in common by and readily accessible to the
owners of all the units in the PRD by any of the following groups:
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I. A non-profit organization or trust whose members are all the owners and occupants of the
units,
2. Private organization including but not limited to the Trustees of Reservations or Essex
County Greenbelt Association whose primary function is preservation of open space,
3. The Town of North Andover,
4. Any group as indicated by the Planning Board which exists or is created for the purpose
of preserving open space for the owners of the units located in a PRD Project.
Further, a perpetual restriction of the type described in M.G.L. Chapter 184, Section 31,
(including future amendments thereto and corresponding provisions to future laws)running to or
enforceable by the Town shall be recorded in respect to such land. Such restriction shall provide
that the Usable Open Space shall be retained in perpetuity for one or more of the following uses:
conservation,agriculture,or recreation.
Such restriction shall be in such form and substance as the Planning Board shall prescribe and
may contain such additional restrictions on development and use of the Usable Open Space as
the Planning Board may deem appropriate.
Section 8.5.6(F) Usable Open Space as amended by replacing the current language to read as
follows:
F. Usable Open Space:
Usable Open Space shall be defined as the part or parts of land within the PRD, which are
reserved for permanent open space or passive recreation use. The usable open space shall be
open and unobstructed to the sky. Trees, planting, arbors, flagpoles, sculptures, fountains,
outdoor open-air, passive/active recreational facilities and similar objects shall not be
considered"obstructions".
1. Usable Open Space Ratio:
a. For subdivision PRD's the minimum usable open space requirements shall be 35%of
the total parcel area, and no more than 25% of the total amount of required usable
open space shall be wetland as defined pursuant to Wetlands Protection Act,
M.G.L.a.131, s.40 and the Town of North Andover Wetland Protection Bylaw,
Chapter 178 of the Code of North Andover.
b. For site planned PRD's, the minimum usable open space requirements shall be 50%
of the total parcel area,and no more that 25%of the total required usable open space
shall be wetland as defined pursuant to Wetlands Protection Act, M.G.L.c.131, s.40
and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code
of North Andover.
2. Usable Open Space Calculation:
a. Parking areas and roadways may not be included in the calculation of open space
area,but the calculation may include required setbacks,waterways,and walkways. If
the Planning Board requires additional parking to facilitate use of the open space,
then that added parking area may be included in the calculation of the open space.
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b. For the purpose of creating townhouses, condominiums,_—ef—multi-family, or
similar€a housing within a Site Plan Special Permit PRD and Subdivision PRD,
that area of land extending a minimum of twenty-five feet (25') from the foundation
of the residential structure, eave, door, steps or stairway, patio area, deck, balcony,
chimney or any other structure or improvement shall be excluded from the calculation
of useable open space. If a residential structure or dwelling is more than one story
tall, the minimum twenty-five foot (25') area must be measured from the furthest
point from the structure or improvement.
c. The usable open space shall be contiguous. Usable open space may still be
considered contiguous if it is separated by a roadway or an accessory amenity. The
Planning Board may waive this requirement for all or part of the required open space
where it is determined that allowing noncontiguous open space will promote the goals
of this bylaw.
d. Wastewater/Stormwater Structures:At the discretion of the Planning Board,
subsurface wastewater and stormwater management systems serving the PRD may be
located within the open space, with the approval of the Planning Board. Surface
systems, such as retention and detention ponds, shall not qualify towards the
minimum open space required.
e. Accessory Structures: The Planning Board may permit up to five percent(5%) of the
open space to be paved (pervious "paving" materials are encouraged) or built upon
for structures accessory to the dedicated use or uses of such open space (for example,
pedestrian walks and bike paths).Parking areas and areas used for vehicular access or
egress shall not constitute open space.
f. At the sole discretion of the Planning Board, the Planning Board may waive the
conditions in Section 8.5.6(F)(2)Useable Open Space Calculations if it finds that the
project satisfies the purpose and intent of the Section 8.5 and improves the overall
PRD design.
3. Ownership and Accessibility:
a. For all PRD's the Usable Open Space shall be owned in common by and readily
accessible to the owners of all the units in the PRD by any of the following groups:
i. A non-profit organization or trust whose members are all the owners and
occupants of the units;
ii. Private organization including but not limited to the Trustees of Reservations or
Essex County Greenbelt Association whose primary function is preservation of
open space,
iii. The Town of North Andover; and Any group as indicated by the Planning
Board, which exists or is created for the purpose of preserving open space for
the owners of the units located in a PRD Project.
b. The usable open space shall be to greatest extent practicable accessible to the general
public(unless restricted)and not for the exclusive use of a homeowner,homeowners'
association or non-profit organization. For open space maintained strictly for active
agricultural purposes, public access may be limited or completely excluded. This
agricultural and access restriction shall be included as a deed restriction running with
the land.
4. Restrictions:
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a. A perpetual restriction of the type described in M.G.L. Chapter 184, Section 31,
(including future amendments thereto and corresponding provisions to future laws)
running to or enforceable by the Town shall be recorded in respect to such land. Such
restriction shall provide that the Usable Open Space shall be retained in perpetuity for
one or more of the following uses: conservation,agriculture,or recreation.
b. Such restriction(s) shall be in such form and substance as the Planning Board shall
prescribe and may contain such additional restrictions on development and use of the
Usable Open Space as the Planning Board may deem appropriate.
Planning Board
Board of Selectmen Recommendation: Favorable Action
Planning Board Recommendation: Favorable Action
Article 38. Amend General Bylaws-Insert New Chapter — Chapter 82 — Demolition
Delay. To see if the Town will vote to enact the following Chapter 82 of the General Bylaws
to delay demolition of historic buildings. Chapter 82 to read as follows:
CHAPTER 82-DEMOLITION DELAY
§82-1. Intent and Purpose.
This by-law is enacted for the purpose of preserving and protecting significant buildings within
the Town,which constitute or reflect distinctive features of the architectural,cultural, economic,
political or social history of the town and to limit the detrimental effect of demolition on the
character of the town. Through this bylaw, owners of preferably preserved buildings are
encouraged to seek out alternative options that will preserve, rehabilitate or restore such
buildings and residents of the town are alerted to impending demolitions of significant buildings.
By preserving and protecting significant buildings, streetscapes and neighborhoods, this bylaw
promotes the public welfare by making the town a more attractive and desirable place in which
to live and work. To achieve these purposes the Historical Commission is authorized to advise
the Building Inspector with respect to demolition permit applications. The issuance of demolition
permits is regulated as provided by this by-law.
§82-2.Definitions.
APPLICANT-Any person or entity that files an application for a demolition permit. If the
applicant is not the owner of the premises upon which the building is situated, the owner must
indicate on or with the application his/her assent to the filing of the application.
APPLICATION-An application for the demolition of a building.
BUILDING-Any combination of materials forming a shelter for persons,animals,or property.
BUILDING COMMISSIONER or INSPECTOR- The person occupying the office of Building
Commissioner or otherwise authorized to issue demolition permits.
COMMISSION-The North Andover Historical Commission or its designee.
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DEMOLITION-Any act of pulling down,destroying,removing, dismantling or razing a building
or commencing the work of total or substantial destruction with the intent of completing the
same.
DEMOLITION PERMIT-The building permit issued by the Building Inspector for a demolition
of a building, excluding a building permit issued solely for the demolition of the interior of a
building.
PREFERABLY PRESERVED - Any significant building, which the Commission determines,
following a public hearing that it is in the public interest to be preserved rather than demolished.
A preferably preserved building is subject to the fifteen-month demolition delay period of this
bylaw.
SIGNIFICANT BUILDING-Any building within the town which is in whole or in part seventy-
five years or more old and which has been determined by the Commission or its designee to be
significant based on any of the following criteria:
a. The Building is listed on, or is within an area listed on, the National Register of
Historic Places;or
b. The Building has been found eligible for the National Register of Historic Places;or
C. The Building is importantly associated with one or more historic persons or events,
or with the broad architectural, cultural,political, economic or social history of the
Town or the Commonwealth;or
d. The Building is historically or architecturally important (in terms of period, style,
method of building construction or association with a recognized architect or
builder)either by itself or in the context of a group of buildings.
§82-3.Procedures.
No demolition permit for a building which is in whole or in part seventy five years or more old
shall be issued without following the provisions of this bylaw. If a building is of unknown age,it
shall be assumed that the building is over seventy-five years old for the purposes of this bylaw.
An applicant proposing to demolish a building subject to this bylaw shall file with the Building
Commissioner an application containing the following information:
a. The address of the building to be demolished.
b. The owner's name,address and telephone number.
c. A description of the building.
d. The reason for requesting a demolition permit.
e. A brief description of the proposed reuse,reconstruction or replacement.
f. A photograph or photograph(s)of the building.
The Building Commissioner shall within seven days forward a copy of the application to the
Commission. The Commission shall within thirty days after receipt of the application, make a
written determination of whether the building is significant.
Upon determination by the Commission that the building is not significant,the Commission shall
so notify the Building Commissioner and applicant in writing. The Building Commissioner may
then issue the demolition permit.
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Upon determination by the Commission that the building is significant,the Commission shall so
notify the Building Commissioner and the applicant in writing. No demolition permit may be
issued at this time. If the Commission does not notify the Building Commissioner within thirty
days of receipt of the application, the Building Commissioner may proceed to issue the
demolition permit.
If the Commission finds that the building is significant, it shall hold a public hearing within
thirty days of the written notification to the Building Commissioner. Public notice of the time,
place and purpose of the hearing shall be posted in a conspicuous place in town hall for a period
of not less than seven days prior to the date of said hearing and the applicant and the building
inspector shall be notified in writing of the meeting time and place.
The Commission shall decide at the public hearing or within fourteen days after the public
hearing whether the building should be preferably preserved. If agreed to in writing by the
applicant,the determination of the Commission may be postponed.
If the Commission determines that the building is not preferably preserved,the Commission shall
so notify the Building Commissioner and applicant in writing. The Building Commissioner may
then issue the demolition permit.
If the Commission determines that the building is preferably preserved, the Commission shall
notify the Building Commissioner and applicant in writing. No demolition permit may then be
issued for a period of fifteen months from the date of the determination unless otherwise agreed
to by the Commission. If the Commission does not so notify the Building Commissioner in
writing within twenty-one days of the public hearing,the Building Commissioner may issue the
demolition permit.
Upon a determination by the Commission that any building that is the subject of an application is
a preferably preserved building, no building permit for new construction or alterations on the
premises shall be issued for a period of fifteen months from the date of the determination unless
otherwise agreed to by the Commission.
No permit for demolition of a building determined to be a preferably preserved building shall be
granted until all plans for future use and development of the site have been filed with the
Building Commissioner and have been found to comply with all laws pertaining to the issuance
of a building permit or if for a parking lot, a certificate of occupancy for that site. All approvals
necessary for the issuance of such building permit or certificate of occupancy including without
limitation any necessary zoning variances or special permits, must be granted and all appeals
from the granting of such approvals must be concluded, prior to the issuance of a demolition
permit under this section.
The Building Commissioner may issue a demolition permit or a building permit for a preferably
preserved building within the fifteen months if the Commission notifies the Building
Commissioner in writing that the Commission finds that the intent and purpose of this bylaw is
served even with the issuance of the demolition permit or the building permit.
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Following the fifteen-month delay period,the Building Commissioner may issue the demolition
permit.
§82-4.Administration
The Commission may adopt such rules and regulations as are necessary to administer the terms
of this bylaw. The Commission is authorized to adopt a schedule of reasonable fees to cover the
costs associated with the administration of this bylaw. The Commission may delegate authority
to make initial determinations of significance to one or more members of the Commission or to a
municipal employee. The Commission may pro-actively develop a list of significant buildings
that will be subject to this bylaw. Buildings proposed for the significant building list shall be
added following a public hearing.
An Emergency Demolition shall be allowed, if after an inspection, the Building Commissioner
finds that a building subject to this bylaw is found to pose an immediate threat to public health or
safety due to its deteriorated condition and that there is no reasonable alternative to the
immediate demolition of the building or structure,then the Building Commissioner may issue an
emergency demolition permit to the owner of the building or structure. The Building
Commissioner shall then prepare a report explaining the condition of the building and the basis
for his decision,which shall be forwarded to the Commission.
§83-5.Enforcement and Remedies.
The Commission and/or the Building Commissioner are each specifically authorized to institute
any and all actions and proceedings, in law or equity, as they may deem necessary and
appropriate to obtain compliance with the requirements of this by-law or to prevent a threatened
violation thereof.
Any owner of a building subject to this bylaw that demolished the building without first
obtaining a demolition permit in accordance with the provisions of this bylaw shall be subject to
a fine of not more than Three Hundred Dollars. Each day the violation exists shall constitute a
separate offense until a faithful restoration of the demolished building is completed or unless
otherwise agreed to by the Commission.
If a building subject to this bylaw is demolished without fast obtaining a demolition permit, no
building permit shall be issued for a period of two years from the date of the demolition on the
subject parcel of land or any adjoining parcels of land under common ownership and control
unless the building permit is for the faithful restoration referred to above or unless otherwise
agreed to by the Commission.
§84-5.Historic District Act.
Following a determination that the building is significant and preferably preserved, the
Commission may recommend to town meeting that the building be protected through the
provisions of Massachusetts General Law, Chapter 40C, the Historic Districts Act. The steps
required under M.G.L. Chapter 40C shall be followed prior to the establishment of a local
historic district. Nothing in this by-law shall be deemed to conflict with the provisions of the
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Historic District Act,Massachusetts General Laws Chapter 40C. If any of the provisions of this
by-law do so conflict,that act shall prevail.
§85-6. Severability.
In case any section, paragraph or part of this by-law be for any reason declared invalid or
unconstitutional by any court, every other section,paragraph,and part shall continue in full force
and effect.
Or to take any other action relative thereto.
Petition of Kathleen T. Szyska and others
Board of Selectmen Recommendation: Unfavorable Action
Planning Board Recommendation: To Be Made at Town Meeting
Article 39. Amend Chapter 28 of the General Bylaws—Affordable Housing Trust Fund.
To see if the Town will vote to amend Chapter 28 of the General By-Laws, the Affordable
Housing Trust Fund, as follows, in accordance with the provision of Massachusetts General
Laws Chapter 44, Section 55C,as amended by Chapter 109 of the Acts of 2006:
Delete existing Section 28-2,Purpose,and replace with the following:
§28-2. Purpose
The purpose of the Trust shall be to provide for the preservation and creation of
affordable housing in the Town of North Andover for the benefit of low and moderate income
households. In furtherance of this purpose, the Trustees are hereby authorized, in accordance
with the procedures set forth herein, to acquire by gift,purchase or otherwise real and personal
property or money, both tangible and intangible, of every sort and description; to use such
property, both real and personal, and money, in such manner as the Trustees shall deem
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 the Trust was formed.
Amend §28-3, Tenure of Trustees, by adding the following sentence to the end of said
section:
Nothing in this section shall prevent a board of selectmen from appointing the town
manager as a member or chair of the board,with or without the power to vote.
Delete existing Paragraph A from Section 28-5,Powers of Trustees, and replace with the
following:
A. With the approval of the Board of Selectmen,to accept and receive real property,
personal property or money,by gift,grant,contribution,devise or transfer from any person,firm,
corporation, or other public or private entity,including but not limited to money,grants of funds
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or other property tendered to the trust in connection with any ordinance or by-law or any general
or special law or any other source,including money from General Laws Chapter 44B.
Delete existing Section 28-8,Liability,and replace with the following:
§28-8. Liability
Neither the Trustees nor any agent or officer of the Trust shall have the authority to bind
the Town, except in the manner specifically authorized herein. The Trust is a public employer
and the Trustees are public employees for the purpose of G.L. Chapter 258. The Trust shall be
deemed a municipal agency and the Trustees special municipal employees for the purposes of
Massachusetts General Laws Chapter 268A.
Delete existing Section 28-14,Recordings,and replace with the following:
§28-14. Recordings
The Board of Selectmen may authorize the Trustees to execute, deliver and record with
the Registry of Deeds any documents required for any conveyance authorized hereunder or to
carry out the purposes and powers of the trust.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
SUMMARY OF AMENDMENTS TO
AFFORDABLE HOUSING TRUST FUND BYLAW
The warrant article amending Chapter 28, the Affordable Housing Trust Fund Bylaw, is
for the purpose of bringing the bylaw into compliance with Chapter 109 of the Acts of 2006,
which was remedial legislation intended to clarify certain provisions of M.G.L. Chapter 44,
Section 55C,the Affordable Housing Trust Fund enabling statute.
The amendment to Section 28-2 clarifies that the Trust is authorized to acquire
money,as well as real and personal property.
The sentence added to Section 28-3 adopts the same language as Chapter 109 of
the Acts of 2006, which clarifies that the Board of Selectmen may appoint the
Town Manager as a Member or Chair of the Board.
The amendment to Section 28-5 further clarifies that the Trust is authorized to
receive money, including money from General Laws Chapter 44B, the
Community Preservation Fund.
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The amendment to Section 28-8 clarifies that the Trust is a public employer and
the Trustees are public employees for purposes of Chapter 258, the Tort Claims
Act.
The amendment to Section 28-14 provides that the Board of Selectmen may
authorize the Trustee to execute and deliver all documents required to carry out
the purposes of the Trust.
Article 40. Acquisition of 75 Park Street — Assessors Mau 85, Parcel 13 - Former
Greenery Property. To see if the Town will vote to raise, borrow and/or appropriate a sum of
money for the acquisition by purchase or eminent domain a parcel of land of approximately 2.55
acres on which are situated two structures; one a three story brick building formerly used as a
nursing home (aka the Greenery) and the other a two family dwelling, owned by I1RPT
Properties Trust, or its successor in ownership,located at 75 Park Street as further described on
Assessors Map 85, Parcel 13 and to meet said appropriation with funds transferred and/or
borrowed in accordance with MGL Chapters 44 and/or 44B,the Community Preservation Act,or
any other enabling authority and to authorize the Treasurer, with the approval of the Board of
Selectmen,to issue any bonds or notes that may be necessary for that purpose,and that the Town
Manager be authorized to file on behalf of the Town of North Andover any and all applications
for funds in anyway connected with the scope of this acquisition, and that the Town Manager
and/or the Board of Selectmen be authorized to enter into all agreements and execute any and all
instruments as may be necessary on behalf of the Town of North Andover to effect said purchase
or eminent domain acquisition;or to take any action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATIONS: This article is seeking to acquire the Property
known as the Greenery using funding raised through the Community Preservation Act, in
accordance with MGLK Chapters 44 and/or 44B, or any other enabling authority. The parcel of
land includes 2.55 acres of land and two structures; the former nursing home and a two family
home. Approval of this article will empower the Board of Selectmen to authorize the issue of
any bonds or notes needed to purchase the parcel and enter into any agreements on behalf of the
Town of North Andover. In addition,approval will empower the Town Manger to file on behalf
of the Town any and all applications and agreements
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Article 41. Petition the General Court—Exempt Positions of Police Chief and Fire Chief
from Civil Service. To see if the Town will vote to authorize the Board of Selectmen to
petition the Great and General Court of the Commonwealth to enact a Home Rule Petition
exempting the positions of Police Chief and Fire Chief from Massachusetts General Law,
Chapter 31, Civil Service, and upon approval of said Home Rule Petition, the following shall
become a bylaw of the Town of North Andover:
Chapter 45
Public Safety,Chiefs of Police and Fire Departments
§ 45-1 Exemption from Civil Service
Notwithstanding the provisions of any general or special law to the contrary,the provisions of
chapter 31 of the General Laws shall not apply to the positions of Police Chief and Fire Chief in
the Town of North Andover.
§ 45-2 Incumbent Status
Section 1 shall not impair the civil service status of any person holding the position of Police
Chief or Fire Chief on the effective date of this bylaw.
§ 45-3 Appointment Process
The filling of vacancies in the positions of Police Chief and Fire Chief in the Town of North
Andover shall include a competitive examination process,which shall provide for an assessment
center selection process. At a minimum,the assessment center selection process shall consist of
the following components:
• A tactical operations exercise(incident simulation),
• An exercise to evaluate written problem-solving skills,
• Labor relations/negotiation exercise,
• Program development/budget preparation exercise;and
• Structured oral interview.
The Town Manager shall choose an individual or firm qualified by experience and knowledge to
conduct the assessment center and shall also appoint the interviewing panel which shall, at a
minimum, have two chiefs from the appropriate police or fire discipline to serve on the panel.
The recommendations of the interviewing panel shall be forwarded to the Board of Selectmen for
their consideration in making the appointment.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
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Article 42 —Petition the General Court — An Act Conferring on the Town Manager the
Powers of Appointment and Removal Over Police Officers in the Town of North Andover.
To see if the Town will vote to Petition the Legislature to adopt the following Act:
An Act Conferring on the Town Manager the Powers of Appointment and Removal over
Police Officers in the Town of North Andover as follows:
SECTION 1. Notwithstanding the provisions of any general or special law to the contrary,
except as may otherwise be provided by Massachusetts General Laws Chapter 31, the Town
Manager shall have the power, on the basis of merit and fitness alone, to appoint, suspend or
remove all police officers below the rank of Chief in the Town of North Andover, subject to the
approval of the Board of Selectmen.
SECTION 2. Section 1 shall not be interpreted to impair the civil service status of any person
holding the position of police officer below the rank of Chief on the effective date of this act.
SECTION 3. This act shall take effect upon its passage.
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Article 43. Petition the General Court—Age Exemption—Kevin Farragher—Firefighter.
To see if the Town will vote to Petition the General Court to enact Legislation so that Kevin P.
Farragher shall be eligible to have his name certified for original appointment to the position of
firefighter for the Town of North Andover, not withstanding his having reached the age of 32
before taking any civil service examination in connection with that appointment. Kevin P.
Farragher shall be eligible for appointment to the position of firefighter in the Town of North
Andover if he otherwise qualifies and is selected for employment under Chapter 31 of the
General Laws any regulations of the civil service commission and any lawful hiring practices for
the Town of North Andover;or to take any other action relative thereto.
Petition of Kevin Farragher and others
Board of Selectmen Recommendation: Favorable Action
Article 44. Petition the General Court to Amend Chapter 3, Section 6.1 — Expand
Number of Constables. To see if the Town will vote to authorize the Board of Selectmen to
Petition the Legislature to amend the Town Charter for the Town of North Andover by, deleting
in item(h)"three". Section 6-1 currently reads:
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Section 6 Powers of Appointment(Board of Selectmen)
3-6-1 The board shall have the power to appoint: (a)a Town Manager as provided in
Chapter 4: (b)town counsel,(c)a town accountant for a term of three years in accordance with Sect. 55
of M.G.L.Chap.41,(d)a police chief;(e)a fire chief;(f)three members of a board of registrars of voters
for overlapping three-year terms, (g) election officers; (h) three constables; and (1) five members and
three associate members of a zoning board of appeals for overlapping three-year terms.
Or to take any other action relative thereto.
Petition of James M.Xenakis and others
Board of Selectmen Recommendation: Favorable Action
Article 45. Adopt Resolution Supporting Establishment of Regional Operations Center
for Essex County. To see if the Town will vote to support a feasibility study regarding the
establishment of a Regional Emergency Dispatch Operations Center for Essex County; and
further to authorize the Town Manager to appoint an individual to serve as the Town's
representative to a committee of similar representatives from other municipalities in Essex
County who support studying the feasibility of establishing a Regional Emergency Dispatch
Operations Center for Essex County and to raise and appropriate, transfer from available funds
or otherwise provide a sum or sums of money to fund the town's portion of the expense for the
feasibility study;or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Article 46. Accept the Provisions of Chapter 39 Section 23 D — Voting Provisions for
Town Boards. To see if the Town will vote to accept General Laws Chapter 39, Section 23D
for all Town Boards, Committees and Commissions which conduct adjudicatory hearings,
including but not limited to,the Board of Selectmen,Zoning Board of Appeals,Planning Board,
Conservation Commission, Board of Health and Board of Assessors; or to take any other action
relative thereto.
Petition of Town Counsel
Board of Selectmen Recommendation: Favorable Action
Under Court decisions a member of a Town Board,which is holding hearings in its consideration
of a person's application for relief or approval, is precluded from voting if the member did not
attend all of the hearings at which evidence was presented. Various circumstances beyond that
member's control(such as illness or illness of a family member)very often disqualify a member
from voting. If there are multiple hearing dates, several members might be disqualified. This
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recent legislation will allow a member to vote if a member misses one meeting if the member
certifies in writing that he or she examined all the evidence received at the missed session.
Article 47. Amend General Bylaws-Chapter 88 Section 8—Dogs—Nuisances. To see if
the Town will vote to amend Chapter 88 DOGS of the General Bylaws by changing Section 88-8
Nuisances,as follows:
Chapter 88, Section 88-8 is to be amended by removing the text shown as stricken, and adding
the text shown as underlined.
§ 88-8 Nuisances and Fines
No owner shall fail to exercise proper care and control of his or her dog to prevent said dog from
becoming a public nuisance as defined below with the accompanying fine schedule:
Barking frequently or for continued duration or making sounds which create a noise disturbance
across a residential real property boundary:
First Offense: $25.00, Second Offense: $50.00,3rd and subsequent offenses: $100.00
Molesting people or chasing vehicles:
First Offense: $25.00, Second Offense: $50.00,3rd and subsequent offenses: $100.00
14ab Attacking people,including biting,or eta domestic animals:
First Offense: $100.00, Second Offense: $200.00, 3rd and subsequent offenses: $300.00
Trespassing upon school grounds or other public land where dogs are banned, or trespassing
upon private property in „a ri o S W da ,,.o f)fft Shall i O aoomoa
The penalty for violations shall be$25 for the fast offense and$50 for each additional offense.
First Offense: $25.00 Second Offense: $50.00,3rd and subsequent offenses: $100.00
Violation of Section 88-1 Leash Required:
First Offense: $25.00 Second Offense: $50.00,3rd and subsequent offenses: $100.00
Violation of Section 88-3 Restraint Order:
First Offense: $100.00, Second Offense$200.00 3rd and subsequent offenses: $300.00
Violations of this bylaw shff4 may be handled as a non-criminal offense in accordance with the
provisions of Massachusetts General Laws Chapter 40, Section 21 D with the North Andover
Police Department including the Community Service Officer being the enforcing officer for
violations of this by law. However, nothing in this section shall be construed as limiting the
authority of the Board of Selectmen as provided by Massachusetts General Laws, Chapter 140,
Section 157.
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Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Article 48. Amend Chapter 69 of the General Bylaws—Fire Alarms. To see if the
Town will vote to amend the General Bylaws for the Town of North Andover, Chapter 69,
Article I (Fire Detection and Alarm Systems), Sections 69-1 through 69-8.1) by replacing the
existing text in its entirety. This bylaw is being updated to recognize new alarm technology,and
for other purposes.
Chapter 69, Sections 69-1 through 69-8.1 are to he amended by removing the text shown as
stricken,and adding the text shown as underlined
ARTICLE I
Fire Detection and Alarm Systems
§69-1 Purpose and Scope
This by-law shall apply to the installation, operation and maintenance of fire and medical aid
alarm systems. Fire, carbon monoxide and medical aid alarm systems shall include systems
connected to the North Andover Fire Department by municipal fire alarm circuit, direct wire,
wireless or on a telephone dial up basis and systems which use exterior audible signals at the
alarm location as a function of the connected system.
By definition, "Alarm Systems" are those installed for the purpose of notification to the proper
response authority of an emergency situation at a property where the component devices of the
system are installed.
§69-2 Alarm Installation and Permit Requirements
a. As of the effective date of this by-law, no alarm system or equipment designed to
summon the Fire Department shall be installed without a permit signed by the Fire Chief
or his designee.
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the j_e42Ro4:4_At;,,41 „f this b laW TrrhPu_f4c°c -fR---cx iSS; lam"ffl i3eFfflit Sh-All i.P.PUP d1.,,-�
($1 nn\ T-JAR�L ,„ n11 . a.n1_u1s1 -hk,-oR1r1roc�zt„- l l iRfl .ftcr t.o.
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issuance of permits shall be in compliance with Massachusetts General Law Chapter 148
Section 10 A.
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Changes in the permit or inspection fees may be made with sixty (60) days notice to the
general public and with the approval of the Board of Selectmen.
b. Any current or future alarm user may contract with an alarm company of their choice for
the purchase,lease,installation and servicing of an alarm system on their premises.
C. Actual connection to the Fire Department's alarm receiving system will be made only by
an installer approved by the Fire Chief for this service through the issuance of a permit as
per Massachusetts General Law Chapter 148 Section 10A.
D. As of July 1, 2007 connection to the Fire Department's alarm receiving system will be
performed only through approved radio master fire alarm boxes.
E. As of July 1, 2007 all buildings and structures connected to the Fire Department's alarm
receiving system will be advised that as of July 1, 2012 master fire alarm boxes
connected through the hard wired municipal circuit system must be replaced with a radio
master box compatible with the Fire Department's alarm receiving equipment. The
master boxes on the buildings remain the property of the property owner but must be
removed from their location to avoid perceptions that they are connected to the Fire
Department. These wireless devices shall be installed and maintained in accordance with
the appropriate sections of the then current editions of the following NFPA Standards:
NFPA 72 National Fire Alarm Code- NFPA 1221 Standard for the Installation,
Maintenance and Use of Emergency Services Communication Systems— NFPA 70
National Electrical Code and all reference documents contained within these codes and
the related rules and regulations of the North Andover Fire Department.
F- F. The alarm system owner or user, or the alarm company contracting for the servicing of
the alarm users system, shall be responsible for
eEraipmenA,the care and maintenance of the wireless master fire alarm box transmitting
device.
G. The Fire Department will make every effort to insure the proper operation of its the alarm
receiving equipment, but accepts no liability for conditions, which prevent proper
reception of signals from the user's premises. The mounting locations for radio boxes
shall require pre-approval of the North Andover Fire Department.
§69-3 Alarm Disconnection and Alteration Notice
Whenever an alarm system or equipment is to be disconnected, removed or altered, the
owner or user thereof shall notify the Fire Department in NNq4ting This notice shall be ao„°
in accordance with M.G.L. Chapter
148 Section 10A Section 27A,and Section 28.
§69-4 Automatic Shut Off Requirement
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All alarm systems installed after the effective date of this bylaw which use an exterior
audible alarm device(s), shall be equipped with a timing unit, which silences the exterior
audible device no less than five minutes and no more than ten minutes after the activation of
the alarm system.
All existing alaFms using an P_*Ktem�or- Mid-ible, A-Han dmn.�ee, should h-03, 0_-,EfdiPP0C1 With sl
This section shall not apply to audible automatic fire sprinkler alarm bells either mechanical
or electrical,which are used to indicate water flow.
§69-5 Alarm System Regulations and Maintenance
A. Each alarm user shall submit to the Fire Chief, the names, addresses and telephone
numbers of at least two (2) persons who can be reached at any time, day or night, aPA
who are authorized to gain access to the protected premises for the purpose of silencing
and resetting the alarm system. It shall be the alarm users responsibility to keep this
information up to date and current. In addition, each control panel shall have located
inside the door, the above mentioned information, as well as the name, address and
twenty-four (24) hour telephone number of the company or individual who currently
services the system.
B. Written instructions for re-setting the alarm system shall be clearly visible on,or adjacent
to, the system control panel. Once activated, the system shall not be reset prior to the
arrival of the Fire Department. Any attempt to reset a system connected directly to the
Fire Department shall be considered a violation of Massachusetts General Law Chapter
268 Section 32 Of thR Ghapt ff 269(tampering with a fire alarm signal).
If after three (3) attempts by the fire department, a zone of system will not reset, the
zone, or system, shall be left in an un-restored condition. The Fire Department will
attempt to notify the responsible parties identified in Section 69-5 (a) of this by-law.
The Town assumes no liability for inability to contact listed persons or companies. The
Fire Chief or his designee may assign a paid detail to monitor the premises until such
responsible parties have arrivea� at the protected location. The cost of that detail and any
equipment associated with it shall be born by the owner, purchaser, lessee or renter of
the system.
C. All premises shall have their legal street number op sted clearly visible as per �g
�Massachusetts General Law Chapter 148 Section 59 prior to connection of
any alarm to the Fire Department.
D. All premises requiring a secured key access box as per Town by-law Section 681 69-
8.1 shall have the device installed prior to issuance of a fire alarm permit.
§69-6 Alarm Tests
No alarm system designed to transmit emergency messages or signals directly to the Fire
Department or through the dispatch center for the fire department shall be worked on, tested or
demonstrated without fast obtaining permission from the Fire Chief or his designee in
accordance with Massachusetts General Law Chapter 148 Section 27A. An alarm transmitted
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when such work is being performed without permission will constitute a false alarm and subject
to the fee assessment as shown in Section 7.0.
§69-7 False Alarm Assessment
A. Alarm systems which generate false alarms in any oAvlye (»`m^^*L� shall be
subject to the following assessment initially
Fire Alarm,Carbon Monoxide Alarm&Emergency Medical Systems
FALSE ALARM ASSESSMENT
1THROUGH3 NONE
4 THROUGH 5 $200 EAG $300 EACH
6 OR MORE $500 EAG The current costs for all the
personnel and equipment that
respond to each call.
The Fire Chief shall have the authority to waive the assessment if in his judgment
extenuating circumstances justify such a waiver.
After a third false alarm A+ iiieiiths, the Fire Chief shall notify the
responsible party in writing that the next false alarm incident.,4-hin Rho, emiTe^* twp-^°
(»` m^^*h ^°^^a fFom Rho, date, off*h° fir°* fi l°° A-- will result in an assessment
charge.
Alarm users who present a valid service contract or similar agreement for the protected
property will receive a twenty-five dollar($25.00) 414 credit against any assessment fef
*r P' F,.,#IR f 1..,, RIR+ lT, It is the intent of this section to have the system maintained
on a regular basis.
B. False alarms caused by faulty telephone service, municipal equipment or electrical
storms will be excluded from assessment.
C. False alarms received during the first thirty (30) days following installation shall be
dseounted not be counted for the purposes of false alarm assessment, provided no
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malicious intent has occurred and every attempt has been made to rectify new
installation defects.
D. Determination that a false alarm has been transmitted will be the judgment of the Fire
Chief or his duly appointed duty officer.
E. Any person(s) who maliciously and/or intentionally activates a fire alarm device
which automatically transmits an alarm to the Fire Department,when there is no fire
or emergency situation, shall be fined. ^^°*�^��°^^a a011aFS($1000.00)
§69-7.1 Connection Fees
Each alarm user shall on or before October lgt of each year remit to the Fire Department a
service fee for the coming year for Master Fire Alarm Boxes and Digital Alarms. The fees shall
be established by the Board of Selectmen.
ehffged a fee f Rh e,;n;.;,,i fire,„I_Fi m i ox„:11 .
Those properties that convert to a radio control Master Box that is compatible with the
North Andover Fire Department receiver shall no longer be billed the fee once the radio box is
properly installed and functioning as approved by the North Andover Fire Department.
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.
§69-7.2 Violations
The following acts shall constitute a violation of these regulations and the responsible
person or persons shall be punished by a fine of not less that$50.00 nor more than$200.00 per
offense. (Each day in which a violation occurs will be considered a separate offense.)
a. Failure to follow an order issued by the Fire Chief to disconnect a fire alarm system
automatic notification device.
b. Using a telephone-dialing device arranged to dial a Fire Department number without
authorization under this by-law.
c. Failure to pay any fee assessed under either or both Sections 69-7 or 69-7.1 of these
regulations within sixty(60)days from the assessment.
d. Failure to comply with the requirements set forth in these regulations.
e. Continued transmission of false alarms caused by the user's negligence or system
malfunctions on the premises under the user's control where no effective effort is
made to correct the condition.
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f. Knowingly failing to maintain any alarm system, covered by this by-law, in proper
working order.
g. Causing, through negligence, a condition, which interferes with the operation of or
causes damage to the municipal fire alarm system.
h. Maliciously and/or intentionally activating a fire alarm device which automatically
transmits an alarm to the Fire Department, when there is no fire or emery
situation.
§69-8 Forcible Entry of Unoccupied Premises
When the Fire Department responds to an alarm of fire, transmitted by a fire detection
and alarm system,where the premises are unoccupied;the Department is unable to gain access to
the structure; and is unable to contact any of the individuals listed,for access;the Fire Officer in
command, may, if he has reasonable concern or suspicion that a fire exists within the structure,
make a forcible entry to determine whether or not fire conditions exists. If this action becomes
necessary,the Fire Officer shall:
A. Notify the Police Department of this action.
B. Secure the premises insofar as feasible.
C. Continue efforts to contact the individuals listed as responsible for the structure.
D. Enter the action taken in the Fire Department log.
§69-8.1 Secured Key Access
Any building other than a residential building of fewer than six(6)units which has a fire
alarm system or other fire protection systems shall provide a secure key box installed in a
location accessible to the Fire Department in case of emergency. This key box shall contain keys
to fire alarm control panels and other keys necessary to operate or service fire protection
systems. The key box shall be a type approved by the Chief of the North Andover Fire
Department and shall be located and installed as approved by the Chief, Any building owner
violating this Article after receiving due notice by the Fire Department shall be subject to the
provisions of the Non-Criminal Disposition Violations Chapter 40 §21D.
Fire Chief
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
This article works in conjunction with the Radio Alarm System Capital Improvement Plan(CIP)
proposal to purchase a radio controlled central alarm system. The changes to the bylaw seek to
update language to accommodate fully replacing North Andover's wired alarm system with a
radio controlled alarm system. This article sets a deadline for conversion from the old system of
July 1, 2012. Each radio unit costs approximately $3,500 excluding installation. This will
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necessitate the town replacing all 25 of its existing alarm boxes over the next five years at a cost
of approximately $86,000, not including installation costs. If passed, this amount will be
proposed in future capital improvement plans. There are approximately 175 wired alarms in
private buildings throughout the town.
The article also includes language to allow the Fire Chief or designate to create quality control
rules and procedures regarding the installation and maintenance of the new alarms. These rules
include penalties for false alarms. The more sophisticated radio system reduces ongoing
maintenance of the copper based system.
The new system provides Town buildings and alarmed businesses with more precision in
reporting the details of the alarm condition enhancing the Fire Department's ability to respond to
the alarm.
Article 49. Repeal General Bylaw,Chapter 101 Section 2—Fees,Residuals Management
Facility-Fee in Lieu of Taxes. To see if the Town will vote to amend the General Bylaws of
the Town of North Andover by deleting Chapter 101 Section 2, "Fees; Residuals Management
Facility — Fee in Lieu of Taxes" in its entirety. This section was previously adopted under
Article 17 of the 1998 Annual Town Meeting, or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Article 50. Omnibus Street Acceptance. To see if the Town will vote to accept the
following three streets as public ways, as laid out by the Selectmen in accordance with
Massachusetts General Law,Chapter
Flagship Drive(extension) Approximately 530 feet of roadway,60 feet wide, extending
from the terminus of Flagship Drive as accepted under Article 22 of the 1991 Annual
Town Meeting to a cul-de-sac.
Willow Street [South??] [Extension??] Approximately 3500 feet of roadway, 50 to 60
feet wide, extending from the terminus of Willow Street as accepted under Article_of
the Town Meeting,to the extension of Flagship Drive described above.
Bayfield Drive Approximately 550 feet of roadway, 60 to 80 feet wide, extending from
the extension of Willow Street described above, to Andover Bypass, but without access
to Andover Bypass.
All as 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,
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prepared by the Neve-Morin Group, Inc., 447 Old Boston Road, Topsfield, MA 01983,
scale 1"=40',dated 12/21/04 on file in the Office of the Town Clerk.
In response to a petition from Domenic J. Scalise and others to accept Long Pasture Road (off
Forest Street), the Selectmen have not voted to lay out this way, and it is not proposed for
acceptance at this meeting,
Or to take any other action relative thereto.
Planning Board
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
Warrant Articles 46 through 50 provide for the `acceptance' by the Town of certain roadways.
Warrant Article 46 also provides for the`acquisition'by the Town of certain roadways.
In general, new roads are frequently created by a developer building a subdivision. Those
private roads that meet Town standards can be `accepted' by the Town from the developer. At
that point, the road moves from private ownership to Town ownership. The process of road
acceptance includes numerous physical and legal requirements and inspections. Once all those
requirements are met, Town Meeting may vote to accept the road for the Town under MGLA,
Ch. 82,sec. 23.No appropriation of Town funds is required for the`acceptance' articles.
While `acceptance' articles apply to those roadways still under the control of a developer,
`acquisition' articles apply to those roadways where the original developer is long gone. For
these roadways, the current owner is generally a shell corporation — with no forwarding
address. The roadway acquisition articles represent the finishing process of the Unaccepted
Roadways Improvement Program (`DRIP"). The URIP prioritizes `private' roadways, then
reconstructs,repaves,installs drainage, etc. in order to meet Town standards. The Town funds
the URIP through the Capital Improvements Program.
The only practical way, according to Town Counsel, to `acquire' roadways is through an
eminent domain taking. The chances of the original developer-corporation demanding
compensation are remote (the developer-corporation is currently liable legally for the
roadway). As such, no additional appropriation of Town funds is required for `acquisition'
articles.
Once `accepted' or `acquired', the roadway becomes `public' (i.e., Town-owned), and State
funds (MGLA, Ch. 90)may be used for paving,repairs,etc. Since State `Chapter 90 Highway
Grants' are based on the number of miles of town roads, each road `accepted' or `acquired'
adds to the Town's share of State aid received.
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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.
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. Given under our hands this Thirteenth Day of April,in the Year
Two Thousand Seven.
NORTH ANDOVER BOARD OF SELECTMEN
Thomas Licciardello,Chairman
Mark J.T. Caggiano
Daniel P.Lanen
Rosemary C. Smedile
James M.Xenakis
North Andover,Massachusetts
Joyce A.Bradshaw,Town Clerk
Attest: A True Copy
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