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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 A. Reports of Special Committees. To see if the Town will vote to hear the reports
of any appointed special committees,or to take any other action relative thereto.
Petition of the Board of Selectmen
Article B. Consent Articles. To see if the Town will vote the following consent articles.
A. Reports of Receipts and Expenditures. To see if the Town will vote to accept
the reports of receipts and expenditures as presented by the Selectmen in the 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 for terms exceeding three years,including any renewal,
extension or option, provided in each instance the longer term is determined to be in the best
interest of the Town by vote of the Board of Selectmen or the School Committee,as appropriate.
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C. Authorization to Accept Grants of Easements. To authorize the Board of
Selectmen and the School Committee to accept grants of easements for water, drainage, sewer,
roadway and utility purposes on terms and conditions the Board and Committee deem in the best
interest of the town.
D. Authorization to Grant Easements. To authorize the Board of Selectmen and
the School Committee to grant easements for water, drainage, sewer, roadway and utility
purposes on terms and conditions the Board and Committee deem in the best interest of the
Town.
Petition of the Board of Selectmen
Article C. Compensation of Elected Officials. To see if the Town will vote to fix the
salary and compensation of the elected officers of the Town, as provided by Section 108 of
Chapter 41 of the Massachusetts General Laws:
or to take any other action relative thereto.
Petition of the Board of Selectmen
Article D. Amend General Fund Appropriation For Fiscal Year 2007 and Cha t1 er 90
Fund.To see if the Town will vote to amend,including transfers from free cash,the General
Fund Appropriation for Fiscal Year 2007 as voted under Article 18 of the 2006 Annual Town
Meeting and Article 7 of the July 10,2006 Special Town Meeting and Chapter 90 Fund;or to
take any other action relative thereto.
Petition of the Board of Selectmen
DELETED - Article E. Amend General Fund Appropriation for Fiscal Year 2007 —
Transfer from Free Cash to School Department Budget. To see if the Town will vote to
transfer funds from free cash to the School Department Fiscal Year 2007 Budget; or to take any
other action relative thereto.
Petition of the Board of Selectmen
Article F. Amend Water Enterprise Fund Appropriation for Fiscal Year 2007. To
see if the Town will vote to amend the Water Enterprise Fund Appropriation for Fiscal Year
2007 as voted under Article 22 of the 2006 Annual Town Meeting; or to take any other action
relative thereto.
Petition of the Board of Selectmen
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Article G. Amend Sewer Enterprise Fund Appropriation for Fiscal Year 2007. To
see if the Town will vote to amend the Sewer Enterprise Fund Appropriation for Fiscal Year
2007 as voted under Article 21 of the 2006 Annual Town Meeting; or to take any other action
relative thereto.
Petition of the Board of Selectmen
Article H. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for
Fiscal Year 2007. To see if the Town will vote to amend the Stevens Estate at Osgood Hill
Enterprise Fund Appropriation for Fiscal Year 2007 as voted under Article 23 of the 2006
Annual Town Meeting;or to take any other action relative thereto.
Petition of the Board of Selectmen
Article L 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.
Petition of the Board of Selectmen
Article J. Transfer of Unexpended Funds from Special Revenue and Capital Funds. To
see if the Town will vote to transfer unexpended balances from Special Revenue and Capital
Funds;or to take any other action relative thereto.
Petition of the Board of Selectmen
Article K Prior Years Unpaid Bills. To see if the Town will vote to raise and appropriate,
transfer from available funds or otherwise provide a sum or sums of money for the purpose of
paying unpaid bills of prior years of the Town;or to take any other action relative thereto.
Petition of the Board of Selectmen
Article L. 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.
Petition of the Board of Selectmen
Article M. 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;or to take any other action relative thereto.
Petition of the Board of Selectmen
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DELETED -Article N. Stabilization Fund(s). To see if the Town will vote to establish
any new Stabilization Fund(s), or vote appropriations into or out of any existing Stabilization
Fund(s);or to take any other action relative thereto.
Petition of the Board of Selectmen
Article O. 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.
Petition of the Board of Selectmen
Article P. 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.
Petition of the Board of Selectmen
Article Q. 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.
Petition of the Board of Selectmen
Article R. Establishment of Revolving Funds. To see if the town will vote to authorize
the following revolving funds for certain Town departments under Massachusetts General Laws,
Chapter 44, Section 53E 1/2 for the Fiscal Year beginning July 1,2007;or to take any other action
relative thereto.
Petition of the Board of Selectmen
Article S. Report of the Community Preservation Committee and Appropriation From
the Community Preservation Fund. To receive the report of the Community Preservation
Committee and to see if the Town will vote to raise, borrow and/or appropriate from the
Community Preservation Fund, in accordance with the provisions of Massachusetts General
Laws Chapter 4413, a sum of money to be spent under the direction of the Community
Preservation Committee;or to take any other action relative thereto.
Petition of the Community Preservation Committee
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Article T. 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 appropriation of
$13,000;or to take any other action relative thereto.
Petition of the Council on Aging
Article U. 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 action
relative thereto.
Explanation:
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
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.
Petition of the Board of Selectmen
Article V. 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.
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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
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.
Petition of the Board of Selectmen
Article W. Omnibus Street Acceptance. To see if the Town will vote to accept the
following streets as public ways:
Long Pasture Road—Stephen Crowley,Developer
Abbott Village—Ben Osgood, Sr.Developer
North Andover Business Park, Steve Webster,Developer
or to take any other action elative thereto.
Petition of the Board of Selectmen
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Article X. Acceptance of Sherwood Drive as a Public Way. To see if the Town will vote
to accept Sherwood Drive,as a public way and to authorize the Board of Selectmen to acquire by
eminent domain, gift,purchase or otherwise any fee, easement or other interest in the following
streets and any easements related thereto as shown on the following plans:
The land known as Sherwood Drive, as shown on a plan of land entitled: "Layout Plan of
Sherwood Drive," on file in the office of the Town Clerk,
and to award no damages for said taking or payment for said acquisition; or to take any other
action relative thereto.
Petition of the Board of Selectmen
Article Y. Amend Chapter 69 of the General Bylaws —Fire Alarms. To see if the
Town will vote to amend Chapter 69 of the General Bylaws as follows:
NOTE: Article will have old and new text.
Black print—existing language
Green bold italicized print—new language being added
Red underlined print—old language being deleted
Amendment to
Section 69 of the Town Code
Section 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.
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. Existing fire alarm systems must obtain a permit within three(3)
months of the effective date of this by-law. The Fire Chief shall prescribe an
application form for the implementation of this by-law. The fee for this alarm permit
shall be ten dollars ($10.00). The Fire Department shall be called to inspect the
installation after its completion, for which inspection there will be a fee of fifteen
dollars ($15.00). The issuance of permits shall be in compliance with Mass. General
Law Chapter 148 Section 10 A.
Changes in the permit or inspection fees may be made with sixty 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.
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c. Telephone dialers using voice-type tape recorders must be compatible with the alarm
receiving devices at the Fire Department. Equipment as described shall use the
emergency Fire Department telephone number designated for that purpose.
(releter the next paragraphs c,d,e,f,and g)
d. 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 M.G.L. Chapter 148 Section 10A.
e. 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.
f 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.
g. The alarm system owner or user, or the alarm company contracting for the servicing of
the alarm users system, shall be responsible for obtaining any necessary leased lines or
municipal cable between the protected location and the Fire Department alarm
receiving equipment. ...the care and maintenance of the wireless master fire alarm box
transmitting device.
h. The Fire Department will make every effort to insure the proper operation of it's 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.
Section 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 writing. This notice shall be in
accordance with Mass. Building Code Section 1200.3 Maintenance and M.G.L. Chapter 148
Section 27A,and Section 28 and Section 10A.
Section 69-4 AUTOMATIC SHUT OFF REQUIREMENT
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.
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All existing alarms using an exterior audible alarm device should be equipped with such
device within twelve(12)months after the effective date of this by-law.
This section shall not apply to audible automatic fire sprinkler alarm bells either mechanical
or electrical,which are used to indicate water flow.
SECTION 69 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, and
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 M.G. L. Section 32 of the Chapter
268(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 arrived 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 posted clearly visible as per existing
town by-law M.G.L. 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 68-1.1 shall
have the device installed prior to issuance of a fire alarm permit.
SECTION 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 MGL Chapter 148 Section 27A. An alarm transmitted 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.
A. Alarm systems which generate false alarms in any twelve (12)month period shall be
subject to the following assessment initially established:
Fire Alarm,Carbon Monoxide Alarm&Emergency Medical Systems
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FALSE ALARM ASSESSMENT
1THROUGH3 NONE
4 THROUGH 5 $200 EACH $300 EACH
6 OR MORE $500 EACH 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 within twelve months, the Fire Chief shall notify the
responsible party in writing that the next false alarm incident within the current twelve
(12) month period, from the date of the fast false alarm, 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 ($25.00) full credit against any assessment for the
fourth false alarm only. It is the intent of this section to have the system maintained on a
regular basis.
b. B. False alarms caused by faulty telephone service,municipal equipment or electrical
storms will be excluded from assessment.
c. C. False alarms received during the first thirty (30)days following installation shall be
discounted not be counted for the purposes of false alarm assessment, provided no
malicious intent has occurred and every attempt has been made to rectify new installation
defects.
d. D. Determination that a false alarm has been transmitted will be the judgment of the
Fire Chief or his duly appointed duty officer.
e. 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. one thousand dollars($1000.00)
SECTION 69-7.1 CONNECTION FEES
Each alarm user shall on or before October 1st of each year remit to the Fire Department the
service fee for the coming year, for each master fire alarm box,initially established as follows:
MASTER FIRE ALARM BOXES $200.00/alarm box $300.00
DIGITAL ALARMS $ 10.00/signal
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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.
EXEMPTIONS: Fire alarm system devices owned by the Town of North Andover shall be
exempted form from the provisions of 69-7 and 69-7.1.
SECTION 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.
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.
Petition of the Fire Chief
Article Z. Amend Zoning Bylaw—Add New Section—Section 8.1 (5)—Supplementary
Regulations — Off Street Parking Fund. To see if the Town will vote to amend the North
Andover Zoning Bylaw by adding a new section, Section 8.1 (5); or to take any other action
relative thereto.
Section 8.1 (5)to read as follows:
SECTION 8 SUPPLEMENTARY REGULATIONS
8.1 Off Street Parking
(5) Off-Street Parking Fund
Land uses within the downtown commercial district shall provide off-street parking spaces
according to the ratios established under Section 4. In the alternative, as a Special Permit, a
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payment may be made to an Off-Street Parking Fund to be established in a manner determined
by the Board of Selectmen separate from the General Fund. Land uses within the downtown
commercial district may make such a payment in lieu of 12 or fewer parking spaces as an
allowed procedure. A payment for more than 12 spaces may be made as a Special Permit
through the Planning Board.
A payment to this fund shall be reasonably proportionate to the ratios referenced in Section 8.1
(2), as well as the estimated cost of land and improvements necessary to support the parking
demands of the subject use. This payment shall be in accordance with a schedule adopted by the
Board of Selectmen.
Expenditures from this fund are to occur only with the approval of Town Meeting, or the
approval of an agency so authorized. Eligible parking related uses for these funds include land
acquisition, facility construction, and the preparation of the plans and specifications therefore.
Expenditures shall directly benefit the aforementioned land use. Funds shall not be expended for
routine maintenance, or for facilities located outside of the identified downtown commercial
district.
The downtown commercial district is identified as any commercially zoned property located on,
abutting, or within 500 feet of the following roadways: Main, First, School, Second, May,
Saunders and Water.
Or to take any other action relative thereto:
Petition of the Planning Board
Article AA. 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 in relation
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 building g aving a height of one hundred-fifteen(115)feet
from the rg ound.
6. Nor to accessory renewable energy structures and uses such as solar panels or windmills
located in an Industrial district having a height of one hundred(100)feet from the natural
grade for solar structures and one hundred-fifty (150) feet from the natural grade to the
top of the hub where the center of the rotor attaches for windmill structures. Windmill
structures and uses shall be subject to Section 8.3 of the bylaw.
Petition of the Planning Board
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Article BB. Amend Zoning Bylaw – Add New Section – Section 17 - OSGOOD
SMART GROWTH OVERLAY DISTRICT. To see if the Town will vote to amend the North
Andover Zoning Bylaw by adding a new section, Section 17 OSGOOD SMART GROWTH
OVERLAY DISTRICT, And in connection therewith to amend the North Andover Zoning
Bylaw Section 3.1 "Establishment of Districts" by adding the name OSGOOD SMART
GROWTH OVERLAY DISTRICT(OSGOD);or to take any other action relative thereto.
Section 17 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,
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;and
7. 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
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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 Administering Agency — the local housing authority or other qualified housing {Formatted:Bullets and Numbering
entity designated by the PAA,pursuant to Section 17.8.6,to review and implement
the Affordability requirements affecting Projects under Sectionl7.8.
2. 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.
3. 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.
4. Affordable Homeownership Unit - an Affordable Housing unit required to be
sold to an Eligible Household.
S. Affordable Housing - housing that is affordable to and occupied by Eligible
Households. Affordable Housing units created within the OSGOD meeting the
standards set out in 760 CMR. 45.03 shall count on the Subsidized Housing
Inventory, subject to the approval of the Massachusetts Department of Housing
and Community Development(DHCD).
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 unit required to be rented to an
Eligible Household.
lm Applicant—A person that files an apphcatlon for Plan Approval oval pursuant to this Formatted:Bullets and Numbering
Section 17. If the Applicant is not the owner of the lot in question, 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 form_of_prc-cx st nl agreements or instrumentsincluding, w thout
limitation,, signed purchase and sale_alrecmcnt(s)_and signed casccnt(s)
(whether or not yet recorded).
...As-of-right Project or Project - means a development of housing under zoning (Formatted:Bullets and Numbering
without recourse to a special permit, variance, zoning amendment, or other form
of zoning relief. A Project that requires approval pursuant to this Section 17.0
shall be considered an as-of-right Project.
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DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
h't.Building—A combination of any materials, whether portable or fixed, having a Formatted:Bullets and Numbering )
roof to form a structure for the shelter of persons, animals,processes or property
For the purpose of this eleflnition, "roof' shall include an awning,or any similar
covering whether or not permanent in nature. The worel "buileling" shall be
construeel where the context requires,as though followed by the worels"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
Projects within the SGOD that are subject to the Plan Approval process.
DHCD — Department of Housing and Community Development of the and Numbering
i tm Commonwealth of Massachusetts,and any successor agency.
p Formatted:Bullets a
p ( and Numbering
.Drie swap or Drive —A ortion of a lot elesl necl for vehicular access to off- Formatted:Bullets a
street parking or loading space or to a_garage,_whether_or not located on the slime
lot.
16.Dwe ng Unit—One (1) or more living kitchen and sleep 3 room shprovieling
complete living-facilities for the use or one__1- or more individuals const tut nga
single housekeeping_unit,_with permanent_provisions for_living,_sleeping,_cat ng,
cooking and sanitation, but_not including mobile homes or trailers, however
mounted, commercial accommodations offered for transient occupancy of less
than one month's duration.
17.Eligible Household - an individual or household whose annual income is less
than 80 percent of the area-wide median income 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.
18.Enabling Laws-G.L. Chapter 40R and 760 CMR 59.00.
I.m
:t Floor Area Ratio—The ratio between the total amount of building floor area on Formatted:Bullets and Numbering
all usable floors and the area of the lot on which it is located.
2ti.Landsea ed B ffc —AL lanted area intended to proviele, when mature, a visual Formatted:Bullets and Numbering
screen between uses. Landscaped buffers may include_existing vegetation, new
plantings and/or lawn areas Fencing may forma part of the landsc,apal buffer or
screening where appropriate or elictated by topography or other consideration.
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DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
21.Landscap �—Improvements to land to enhance its attractiveness and facilitate
its use and enjoyment. Landscapes may ma clude walks terraces and the like,
fencing, stone walls or other decorative�walls walls, site furnishin,,sgra"& and
re.sh�axn, of�carth con�tourslantin&-Aad-hnyn areas. Lanflscapi may also
include existing natural areas indicated to remain and/or be renovated.
22.Lot Coverage - The gross floor area for principal and accessory structure Formatted:Bullets and Numbering
permitted on a site.
23.Mixed-Use Development Project—a Project Cont<�inmg a m1x,of residential uses Formatted:Bullets and Numbering
and non-residential uses as_wallowed in 'Section 17.6, and subject to all applicable
provisions of this Section 17.
24. e
or more buildings, each of which buildings contains or will contain more than
three such units.
"J Open Space - The portion of a Project lot within the OSGOD not occupied by Formatted:Bullets and Numbering
buildings, parking, garages, driveways and driveways, 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 hardscaped.
26. OSGOD—the Osgood Smart Growth Overlay District established in accordance
with this Section 17.
27.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.
28.Plan Approval-- standards and e4efia-�cri ter ia, which a Project in the
OSGOD must meet under the procedures established herein and in the Enabling
Laws.
29.Plan Approval Authority LE±Aj -For purposes of reviewing Project applications
and issuing decisions on development Projects within the OSGOD, the Planning
Board, consistent with G.L. Chapter 40R and 760 CX4R 59.00, shall be the Plan
Approval Authority (the "PAA"), and is authorized to approve a site plan to
implement a Project.
30.Principal Building—A building in which is conducted main or principal use of
the lot on which said building is situated.
im Principal Structure—The structure on a lot of record,which contains the primary Formatted:Bullets and Numbering
use of the lot. A principal use shall not be contained within an accessory structure
as defined in the above.
a Residential Project or Mixed use Development Project undertaken Formatted:Bullets and Numbering
within the OSGOD in accordance with the reduirements of this Section 17,
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33.Residential Proiect - a Project that consists solely of residential, parking, and
accE:SSOry uSE:S.
3„4.Recreational Uses - Active recreational uses, including but not limited to ball --- Formatted:Bullets and Numbering
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.
35. Vtructure—A combination of materials for occupancy or use, such as a buileling, Formatted:Bullets and Numbering
bride, trestle, tower, framework, retaining wall, tank tunnel, tent, staelium,
reviewing stand,platform, shelters,piers, bin, fence, sign, swimming pool or the
like the term structure shall be construed as if followeel by the worels "or part
thereof'.
?t5. m Zoning—The zoning otherwise established by the Zoning Bylaw for { Formatted:Bullets and Numbering �
the SGA without regard to this Article.
Use—The ur ose for which a structure or land is used or intended to be used. and Numbering
(Formatted:Bullets a
3b°, Usen S'zebstcr�etiallifere�et — A use which by reason of its normal o erp anon
would cause readily observable, al_differences in patronage, service,
appearance,noise, employment or similar charactcrrstics from the use to which it
Ls being compared.
Zoning Bylaw-the Zoning Bylaw of the Town of North Andover.
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 December 2006, prepared by the North
Andover Division of Community Development. This map is hereby made a part of the Zoning
By-law and is on file in the Office of the Town Clerk(the"OSGOD Zoning Map").
The OSGOD contains approximately 21 acres of land which are Environmentally Constrained
Land, being land within wetlands,within the 100 foot wetlands no-disturb buffer established by
this Article, and/or within so-called Zone A floodplains (also known as 100-year floodplains),
and other Non Developable Land,being land the use of which is or will be limited to a principal
driveway or drive lane (148 acres), or limited to emergency, town access and secondary access
drives and areas (approximately acre). The OSGOD thus contains approximately
acres of Developable Land, subject to reduction by up to acres of OSGOD Future Open
Space.
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The OSGOD contains three(3) subdistricts,all hereby established and all in the locations shown
on the OSGOD Zoning Map: (a)the Residential Mixed-Use,containing approximately 25 acres,
(b) the Mixed-Use Development Subdistrict, containing approximately 30 acres-, and (c) the
Business Opportunity Subdistrict,containing approximately 113 acres.
The SGA contains all or portions of two separate legal lots as shown on the Plan of Land 415396
recorded with the Northern Essex County Registry of Deeds.
17.3.2 Underlying Zoning
�. O`tG�ylr is- 1
t. ,I'sav ssn F ,. .
�--ire--
r_� ..r_�rD
The OSGOD is an overlay district superimposed on all underlying zoning elistricts. The
regulations for use, dimension, and all other provisions_provis of the b_Zon n g B law governing_the
- - - Bylaw
underl zf c>ning districts) shall remain in full t�>rce, except t�>r those F'roiects underog_in,
development pursuant to this Section 17.
17.3.3 Subdistricts
The OSGOD contains the following subdistricts: Residential Mixed-Use Subdistrict,Mixed-Use
Development Subdistrict,and the Business Opportunity Zone Subdistrict.
4-7-4-
�5
17.4 A(1 nstraton,Enforce €nt,an(1 A eels -- Formatted:Bullets and Numbering
a. The provisions of this Section 17 Shall be aelmlmstered by the Plannm Board, eXCept asp--- Formatted:Bullets and Numbering
otherwise provided herein. Any 1e Sal appeal arising out of a Plan Approval elecision by the PAA
under_Sections_t7,.11 through_1-7.1-4_shall_be governed by__the_applicable_provisions of G. I .-
Chapter 40R Any other request for enforcement or appeal arising under this Section 17 shall be
governeel by the applicable provisions of G.L. Chapter 40A.
17,45 Applicability of OSGOD
In accordance with the provisions of G.L. Chapter 40R and 760 CMR 59.00, an Applicant for a
Project located within the OSGOD may seek Plan Approval in-accordance with the requirements
of this Section 17.0- In such case, then--notwith4an4ingthcri notwithstandin 3 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.
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17.5--6 Permitted Uses
The following uses are permitted as-of-right.
17.6.-1 Residential Mixed-Use Zone
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 smaller complimentary commercial and retail activities in residential
areas. All non-residential uses shall be located on the fast floor of a building or project. A
Residential Mixed-Use Project within the OS�sOD may include:
1. 2and 3 family, and/>r_Multi-family Residential Uses), Provided that_the
minimum allowable as-of-right density requirements for resielential uses ep ified
in Section 179 shall aMly to the residential portion of a mixed-use development
ro l ect:
a. Apartments.
b. Congregate Housing.
c. Continuing Care Retirement Center.
d. Independent Elderly Housing.
2. Day care center,
3. Eating and drinking establishment not to exceed 2,000 square feet in gross floor
area and shall not contain a drive-through facility. The gross floor area can
increase to maximum of 4,000 square feet upon the issuance of a Special Permit
by the PAA,
4. Non-profit School,
5. Outdoor recreation area,
6. Personal Services and retail establishments not to exceed 3,000 square feet in
gross floor area. The gross floor area can increase to maximum of 4,000 square
feet upon the issuance of a Special Permit by the PAA,
7. Places of worship,
8. Private School;and
9. Accessory uses customarily incielental to any of the above permitteel uses.
17.6.2 Mixed-Use Development Zone
The intent of the Mixed-use Development Subzone 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, to allow a mixture of
complimentary land uses that [may] include[s] housing, retail, offices, commercial
services,and civic uses,to create economic social vitality and to encourage the linking of
trips. All non-residential uses shall be located on the fast floor of a building or project. A
Mixed-use Development Project within the OSGOD may include:
1. Multi-family_Residential__Use(s),prov sled that_the_minimum_allowable as of-right
elensity requirements for resielential use Specified in Section 17.9 shall apply to
the residential portion of a mixed-use development project:
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DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
a. Apartments.
b. Congregate Housing.
c. Continuing Care Retirement Center.
d. Guest House.
e. Independent Elderly Housing.
f. Nursing&Convalescent Homes.
2. Art Gallery,
3. Business&Other Offices,
4. Day Care Center,
5. Eating and Drinking Establishment provided that such establishment shall not be
a fast-food or drive-through restaurant,and shall not exceed 15,000 square feet of
gross floor area,
6. Funeral Parlor,
7. Incubator or Business Park,
8. Medical Center or Offices,
9. Motel/Hotel,
10.Personal Services,
11.Places of Worship,
12.Professional Offices,
13.Public Building or use,
14. Outdoor Recreation Area. Such uses shall include,but not limited to tennis court,
basketball court,athletic fields,tot-lots,and passive recreation,
15.Retail Establishment not to exceed 50,000 square feet in gross floor area. The
gross floor area can increase to maximum of 65,000 square feet upon the issuance
of a Special Permit by the PAA,
16.Parking accessory to any of the above permitted uses, including surface, garage:
jow1cr—and structured parkinge.g.,parkin 3 Sarages};and
17.Accessory uses customarily incidental to any of the_above permitted uses.
17.6.2.1 Uses Allowed by Special Permit. The following uses may be allowed in the
Mixed-Use Development Zone by the granting of a Special Permit Issued by
the SPGA.
1. Indoor Place of Amusement or Assembly. Such uses shall include arenas,
theatres,and athletic or recreational facilities,
2. Indoor Ice Skating Facility,
3. Non-profit school,
4. Private School for profit,
5. Parking_accessory to any of the above permitted uses,_including surface, garage-
under,and structured parkinge.g.,parkin 3 SaM ics�,
6. Research and Development Facilities,and
7.—Retail Plaza not to exceed 3 buildings.
17.6.3 Business Opportunity Zone
The intent of the Business Opportunity Zone is to encourage the efficient land use by facilitating
compact,high-density retail,commercial,and industrial development,and facilitate development
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DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
(land use, density and design) that supports public transit, where applicable. A Business
Development Project_within the OSGOD ma may include:
1. Art Gallery,
2. Business and Other Offices,
3. Commuter Rail System,
4. Eating and Drinking Establishment-,
5. Funeral Parlor,
6. Golf Course,
7. Incubator or Business Park,
8. Manufacturing,
9. Medical Center,
10.Motel and Hotel,
11. Outdoor Recreational Area,
12.Personal Services,
13.Places of Worship,
14.Printing and Reproduction,
15.Professional Offices,
16.Public Building and Use,
17.Public Service Corporation-,
18.Research and Development Facilities-,
19.Retail Establishment,
20.Retail Plaza-,and
21.Accessory_uses_customarily incidental to any of the_above_permitted uses,.
17.6.3.1 Uses Allowed by Special Permit. The following uses may be allowed in the
Business Opportunity Zone by the granting of a Special Permit Issued by the
SPGA.
1. Indoor Place of Amusement or Assembly. Such uses shall include arenas,
theatres,and athletic or recreational facilities,
2. Indoor Ice Skating Facility,
3. Non-profit school,
4. Private School for profit-,and
5. Parking accessory to any of the above permitted uses, including surface, garage:
jow1cr—and structured parkingi(Lg.,parkin 3 Sarages).
17.6.4 Prohibited Uses. All principal uses not expressly allowed are prohibited.
��ttlti�zi-1�3ii�7cc`siix`.'.'r"reii'ri-cri£;-3"•1rc �n--ccic""rv"c"c"1 ,cc-rrt;+-nz"'ri-£D�--�3-5�-��23tEi-i+'tFi�i12-�hi'.�-r�Cf:flll
3. Izcring> : ulu l r b ., rfaugrtr tg �r a< *gyred t zeng (c g—prtrking
sn<1 R r,a ,n€14 ter
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DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
ny(44 h,o-F mitt o, Y
�rittc�i-
17.67 Protect Phasing
The PAA, as a condition of any Plan Approval, may require a Project to be phased for the
purpose of coordinating development with the construction of Planned Infrastructure upgrades
that are identified in the Board of Selectmen's Application for Preliminary Determination of
Eligibility described under 760 CMR 59.03(1),or that are required 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.
17.78 Housing and Housing Affordability
17.78.1 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. No less than ten(10)percent of the residential units within the District shall be
three-bedroom units and notwithstanding anything to the contrary in this Section 4.138, this
requirement shall not be reduced. These documents in combination, to be submitted with a Site
Plan application pursuant to Section X17.9-12 below, shall include details about construction
related to the provision,within the development,of units that are accessible to the disabled.
17.78.2 Number of Affordable Housing Units
Not less than twenty percent (20%) of housing units constructed in the District shall be
Affordable Housing. For purposes of 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.
17.87.3 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 a family size equal to the number of bedrooms in the unit plus one,
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
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DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
Household,assuming a family size equal to the number of bedrooms in the unit plus one,
and
3. Affordable Housing required to be offered for rent or sale shall be rented or sold to and
occupied only by Eligible Households.
17.78.4 Design and Construction
Units of Affordable Housing shall be finished housing units. Units of Affordable Housing shall
be dispersed throughout the development of which they are part and have exteriors that are
equivalent in design and materials to the exteriors of 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, provided that at least twenty (20%) percent of the three bedroom
units within the District shall be Affordable Housing.
17.78.5 Affordable Housing Restriction
Each unit of Affordable Housing shall be subject to an Affordable Housing Restriction which is
recorded with the appropriate registry of deeds or district registry of the Land Court and which
contains the following:
1. Specification of the term of the affordable housing restriction which shall be no less than
thirty years,
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
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,
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DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
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, provided that a fast mortgage of a Homeownership Housing Unit to a
commercial lender in an amount less than maximum resale price may have priority over
the Affordable Housing Restriction if required by then current practice of commercial
mortgage lender,
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, in a form approved by municipal counsel, 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, in a form approved by
municipal counsel,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
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 47-7-A—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 or, in the absence of such timely designation,by an entity designated by
the DHCD. In any event, such Administering Agency shall ensure the following, both prior to
issuance of a Building Permit for a Project within the FSGOD, and on a continuing basis
thereafter,as the case may be:
1. prioesPrices of Affordable Homeownership Units are properly computed, rental amounts
of Affordable Rental Units are properly computed,
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DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
2. iw6eflieIncomc eligibility of households applying for Affordable Housing is properly and
reliably determined,
3. theThe housing marketing and resident selection plan eoa4)frasconform to all
requirements and is properly administered,
4. s&lesSales 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-,and
5. Affordable Housing Restrictions meeting the requirements of this section are recorded
with the proper registry of deeds.
17.78.7 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. Such payment shall not exceed one-half(1/2%)percent of the amount of rents of
Affordable Rental Units (payable annually) or one (1%) percent of the sale or resale prices of
Affordable Homeownership Units(payable upon each such sale or resale),as applicable.
17.78.8 Age Restrictions
The District shall not include the imposition 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€roj'�,
ieh is ,; u , n' ritsF'ro
which includes a c restricted residential
units shall comply with applicable federal,state and local fair housing laws and regulations.
17.78.9 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
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.
17.78.10 Phasing
For housing that is approved and developed in phases due to infrastructure necessities, 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.
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17.78.11 Computation
Prior to the granting of any Plan Approval for the housing component of a Project,the applicant
for such Plan Approval 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 North Andover.
17.78.12 No Waiver
Notwithstanding anything to the contrary herein,the Affordability provisions in this Section 17.7
shall not be waived.
17n.89 Dimensional and Density Requirement
Notwithstanding anything to the contrary in this Zoning Bylaw, the dimensional requirements
applicable in the OSGOD are as follows:
OR Overlay Su allstricts'
DimesignalRequirements Mixed-Use Residential District Mixed-Use Commercial District Businessoppprtnn4yzone
Minimum Lot Area NA NA 1 Acre-15 Acres Maximum
Minimum Lot Frontage on a Public Way 250' N/A N/A
Maximum Building Height 55 Feet 55 Feet 55 Feet
Minimum Front Setback' 10 Feet Minimum-25 Feet Maximum 0 Feet Minimum-15 Feet Maximum 0 Feet 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 fine is on a street.3 feet
minimum-10 feet maximum if adj acent
to another lot fine. 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 do 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)-Residential 0.70:1 0.25:1 Not Allowed
Floor Area Ratio(FAR)-Non-Residential 0.10:1 0.65:1 0.90:1
Lotco-rage 70% 90% 90%
(Notes: 17.89.1 Interpretation of Table
1.Refer to Section 17.9.1
1. A front yard setback of 50 feet for property within the OSGOD shall apply only to front
yards abutting Route 125 pursuant to G.L. c. 41 or c. 82 as of the date on which such
property is placed in an OSGOD. There shall be no front yard setback requirement
unless specified in the subzone district.
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. 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,
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
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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.
17.910 Parking 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.
3 Multi family residence 2 spaces per dwelling unit.1 space per dwelling unit for a unit designed and
occupied by the elderly as defined under government assisted programs.
4 Congregate Housing 0.75 per dwelling unit.
All other places with including(but not limited to)rooming 1 space per sleeping room for accommodations single or double occupancy,
5 houses,hotels,motels,hospitals,nursing homes. 1 per 2 for rooms exceeding Double beds for rooms exceeding double
occupancy
Recreation Uses,
1 IPassive Recreation i.e.parks,picnic facilities 5 spaces per acre.
2 lActive Recreation i.e.athletic fields 1 space per 4 persons based on the design capacity of the facilit .
Business or Commercial Uses,
1 Auditoriums,theaters,funeral parlors,day care centers,and 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 Warehousing,wholesaling,distributing 1 space per 500 square feet GFA.
Mixed Use Developarent Projects lResidential 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).
17.910.1 Interpretation of Table.
1. Unless otherwise approved by the PAA, a minimum of 1.5 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 3.a through 3.e below,
2. A parking space shall mean an area of not less than 9'x 18', accessible over unobstructed
driveways not less that 24'wide.
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
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DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
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-The availability of surplus F ,: n°°toff street parking in the vicinity of the use
being served and/or the proximity of a bus or an MBTA transit station,
b. the-The availability of public or commercial parking facilities in the vicinity of the use
being served,
c. s aF&dShared use of off street parking spaces serving other uses having peak user
demands at different times,
d. ag€Age or other occupancy restrictions which are likely to result in a lower level of
auto usage,
e. impaAlmpact 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
E 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 Project 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.
17.11.2 Building and Structure Placement
The placement of buildings and structures in an OSGOD shall:
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DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
I. 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, winter light, and year-round visual interest. 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 the mixed-use
development component of the project, 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)on the site and on neighboring properties.
17.11.3 Open Space
1. Create open space parks as focal points within the Project,
2. Create 1 street side garden between buildings and streets,
3. Mature street trees have a high value to the Project, minimize departures from
development standards that would impair the health of a mature trees,
4. Use landscape materials that are native, sustainable, requiring minimal irrigation or
fertilizer;and
5. Encourage alternative and green paving materials to minimize stormwater run-off.
17.11.4 Building Massing/Articulation
The massing/articulation of buildings shall:
1. Avoid unbroken building facades longer than fifty feet (50'). Buildings shall not be
longer than 150' in length,unless waived by the PAA. In approving building lengths that
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DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
exceed 150', the PAA must find that pedestrian circulation is enhanced by the provision
of archways,passageways,or other similar throughways;
2. Developments shall be sited and designed to provide a sensitive transition to nearby,less-
intensive zones.
a. Break up building mass by incorporating different facade treatments at an
appropriate interval,where practical.
b. Consider existing views and incorporate site and building design features that
may help to preserve those views from public rights-of-way.
c. Color schemes shall help reduce apparent size and bulk of buildings and provide
visual interest.
3. Mixed-use buildings should incorporate the use of dual facades to foster integration of
uses where appropriate,
4. Provide a variety of building heights and varied roofline articulation,
5. Buildings on comer lots shall be oriented to the corner and public street fronts. Parking
and automobile access shall be located away from the corners,where practical;and
6. Incorporate residential entries and special landscaping into corner lots by setting the
structure back from the property lines unless waived by the PAA.
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. No vinyl building siding shall be allowed,
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 projects.
b. Multiple paned windows that divide large areas of glass into smaller parts shall be
used to add human scale.
c. Incorporate building entry treatments that are arched or framed and protects people
from the elements.
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DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
d. Non-reflective storefront windows and transoms; architectural detailing on the first
floor,and detailing at the roof line.
4. Ground Floor. Transparent,open facades for commercial uses at street level,
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 Protect Environment
Pedestrian Open Spaces and Entrances.
1. Entryways shall be provided that link the building to the surrounding landscape;
2. Open spaces at street level shall link to the open space of the sidewalk,
3. Entries for residential uses on the street(rather than from the rear of the property),
4. Overhead weather protection shall be designed to minimize gaps in coverage, except to
accommodate street trees;
5. Sidewalks shall be surfaced with concrete, brick, or stone; minimum width shall be five
feet unless waived by the SPGA;and
6. 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 substantial 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,in order to capture the"spirit
of the locale" through indigenous species (such as lilac, viburnum, day lilies, ferns, red
twig,dogwood,oak,maple, sycamore,linden,hawthome,birch,shadbush,etc.).
2. Incorporate street trees in commercial and residential environments to create overhanging
canopies of trees,
3. Provide hedges or continuous shrubs to screen pavements, especially parking areas from
streets,where practical,
4. All buildings shall have foundation landscaping,where practical,
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DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
5. 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;
6. 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,
7. 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
E Oak
g. Tilia cordata(Little leaf Linden)
h. Pyrus calleryana(Chanticleer Callery Pear)
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)
E 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)
k. Betula papyrifera(Paper Birch)
8. 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,
9. Intensive landscaping or preservation of existing vegetation shall be provided within the
OSGOD where it abuts streets and along internal drives,
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10.Preservation of existing vegetation or tree-lined areas shall be maintained,and
11.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
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 Project 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 Parkin�,Lot Lancls€°�► ing
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
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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.
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,
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, in order to capture the "spirit of the locale" through indigenous
species (such as lilac, viburnum, 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 Recrulreents
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
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DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
twelve inches (12")above the pipe, conduit or cable and not less than twelve inches (12")
below the finished grade,
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 thirty feet(30'), centered on the utility, and shall
be indicated on the 40R Plan 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
developmentmay 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 30 feet in width,
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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 first 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 subbase material beneath the topsoil to support maintenance
equipment.
17,11,12 Si�na��e Ass�eiated With The Residential Use C� 1 n�nt
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 project 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 project.
The following signs are prohibited in the OSGOD: roof signs, interior illuminated and ground
signs(except those associated with the project entrance).
17,11,13 Si e Ass�eiated With the Non-Residential and Mixed-Use CompLment Formatted:Bullets and Numbering
The_PAA shrill Approve_s gnage_within the non-residential and mixed-use components of the
chstrict(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,
3. Temporary unlighted signs inside windows, occupying not more than twenty percent
(20%)of the area of the window requires no sign permit,
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DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
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, 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 Special
Permit issued by the Planning Board. Such sign master plan application shall include a
listing of each sign type, square footage,location,height,color,materials,and such other
information as may be requested by the SPGA 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 Section 17.11.13.
17.11.14 Roadways
Private roadways shall be allowed in C)SGOD._
1. NVhile roaelway surface wielths maybe narrower than wielths associated with a traditional--- Formatted:Bullets and Numbering
subdivision the durability of roadway surlrtces and sub surlrtces within an
OSC1OD and should be designed based on_stanchard engineering_principals. Waivers of
the following standards may be granted when appropriate. The following criteria at?ply:
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DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
Min.ROW Width 50 feet 60 feet
Min.Pavement Width 26 feet 30 feet
Min. Centerline Curve Radius 225 feet 250 feet
Min. Tangent length between 150 feet 150 feet
reverse curves
Min. Intersection Comer Curt) 40 feet 40 feet
Radius
Min. Horizontal and Vert. Site 200 feet 250 feet
distance
Centerline Profile Grade-Max. 8°l0 7°l0
Centerline Profile Grade-Min. I(Yo I(Yo
Vertical Curve-Min. Length 100 feet 100 feet
Vertical Curve:K Value-Crest 30 30
Vertical Curve:K Value 40 40 40
Pavement_Cross Slope Normal 3°l0
Crown
Maximum Super elevation 6(Yo 6(Yo
2 The PAA shall encourage narrow pavement widths for traveled ways when
appropriate. Pavement widths for traveled way excluding on-street parking Spaces)
shall not l)c-lc.,s than eighteen feet 8 or more than twenty six (26) cLct for two-way
,s _I_- -1
traffic, or less than fourteen (14) feet for one7way traffic. 'the PAA will have discretion
to waive these standards when considering_Ap�blic safety �circulatronissucs issues, u�ncicr
no circumstance shall vehicular ways be less than 14 feet wide,
2 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).
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,
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,
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DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
„Streetscape elements shall be encouraged,including:
b. Sidewalks and crosswalks as noted above-,
c. Ornamental street lights, sixteen feet(16')maximum height on minor roads,twenty-
four feet(24')maximum height on major roads,
d. Brick,concrete or other specialty pavements at building entrances,
e. Ornamental fences of less than thirty inches(30")in height,when appropriate,
E Ornamental bollards to direct pedestrian traffic and define public space.
17.11.1-417.11.15 Storm Drainal€', Formatted:Bullets and Numbering
Storm water drainage systems shall be subject to the most recent Massachusetts laws
regulations,polices and guielelines including but not limited to Stormwater Manaoeg,meat.
The design, construction and maintenance of stormwater systems shall be consistent with the
following:
1. Detention/Retention Basin Siele Slopes. Basin area siele slopes shall be kept as close asp--- Formatted:Bullets and Numbering
possible to natural land contours, i.e. ten percent 10°l0} or less wherever possible. A
maximum 3:1 side shall_beconstructed for the interior of the basin areas. For
,security_purposes-fencing may he-rcclulred 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 elrainage across lots within the*---- Formatted:Bullets and Numbering
elevelopment, storm elrainage easements shall be provielecl,of such width and construction
as will be_adecluate to accommodate_the volume_and velocity_of_the_run-off._However,_no
such easement shall be less than thirty feet 30'}in wielth;
If_a pr(pc>secl_drainage_systcmwould curry__water_across_land outside the development
boundaries to an rtpproved outfall, appropriate drainage rights shall be secured by the
applicant at the applicant's expense,and shall be referenced on the 40R T'lan;
3._Discharging_runoff directly into_rivers, streams,_watercourses, or_enlarging_the_volume,- -- Formatted:Bullets and Numbering
rate or further de rig the duality of exi5tin dischargeslrunoff 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 veloc ty,
increase infiltration,allow suspended solids to settle and remove pollutants. Such 5 sty ems
will utilize overland flow and re-infiltration as priority technidues for the treatment of
run-off,
4. Retention and detention ponds, and methoels of overland flow may be used to retain,--- Formatted:Bullets and Numbering
detain and treat the increased and accelerated runoff which the elevelopment generates
5. There shall be a minimum of two (2') feet of naturally occurring soils between theme--- Formatted:Bullets and Numbering
detention basin bottom and the maximum annual ground water table
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6. Water shall be released from detention ponds at a rate and in a manner approximating the- Formatted:Bullets and Numbering
natural conditions which would have occurred before development,
7. Intermittent water courses such as swale sshall be vc3ctatcd- Formatted:Bullets and Numbering
8. The first Formatted:Bullets and Numbering
surfaces shall be treated in the site of the development;
9. Runoff from parkin lots and streets shall be treated to remove oil and sediments. Catch- Formatted:Bullets and Numbering
basins shall
low veloeny"vegetated treatment" swalcs,
10. The use of drainage facilities and vegetated buffer zones as open space and conservation- Formatted:Bullets and Numbering
areas shall be encouraged- and
-LL Nei&3ht)orin properties shall not be affected by flooding from excessive runoff. Formatted:Bullets and Numbering
17.11.16 Water Facilities
1. Installation. Formatted:Bullets and Numbering
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 I cnt. Building service pipes and appurtenances
s
from the sytcm piping 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 4OR plan,
I Fire Hyelrants. Fire hydrants shall be required throughout the entire development. Fire--- Formatted:Bullets and Numbering
h s.w th_hyclrant markers, shall be located not more than five hundred feet (500')
apart, shall be u d, 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 Ustcm and- -- Formatted:Bullets and Numbering
pipes to a I ornin 3 ments
may be mrcc u1irccl,
4. Additional Alternative S -- Formatted:Bullets and Numbering
super is available, but the minimum required flow is not available, in addition to
extending the municipal water systern,the applicant shall propose an alternative syAcm
for providing water supply for fire protection,and
5. Municipal water must serve the OSGOD district Formatted:Bullets and Numbering
17.11.17 Sewer
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DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
I. Installation. In the event that the Town sanitary system is located within an- Formatted:Bullets and Numbering
existing public way within four hundred feet 400') measured along the existing Pubuc
way or proposed roadway of the development, the applicant shall be responsible for
connecting all lots to the
approval from the DPW,and any other required approvals,including,but not-limited to a
permit for extension of the sewer syAcm issued by the Massachusetts Division of Water
Pollution Control.
17.11.18 Electric and Communication Lines
1. Installation. All electrical and communications lines shall be installccl under groUnd.- Formatted:Bullets and Numbering
6-
Communications lines shall include, but not be limited to, telephone and community
antenna television cable,
2. Electric Lines. The elect Formatted:Bullets and Numbering
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 Suns
Street signs shall be installeel 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 Ion 6 3 0 inch square concrete or rg anite,and shall be installed at all street intersections, at all points of change in direction or at curvature of streets, at two (2)
opinion property corners of all new Tots and at any other points where, in the of the Board,
permanent monuments are necessary
1. Monument Spacing. Monuments located in the street ri&7��shall be spaced so as- Formatted:Bullets and Numbering
to be within sight of each other, the sight Tines being contained wholly within the street
right-of-way limits. The maximum interval shall be one thousand feet I�OO(Y
2. Monument Materials. Monuments shall be standard granite markers of not less than four- Formatted:Bullets and Numbering
Roct LV)in Icn th hand not�Icss than five inches (5')c Liarc and mshall have a drill hole_m
the center. If subsoil conditions prohibit installation of four (4') foot monuments, with
advance approval by the Boarel, monuments meeting alternative specifications shall be
installed. Monuments shall be set flush with the finished-gladc,
2 Monument Certification. No permanent monuments shall be installed until all
construction, which would elestroy or elisturb the monuments is completed. Placement
and location of bounds are to be certified by a re oistere professional land surveyor after
3 1 st�cl
installation of the street and shall be shown on the "as-built" or record plans.
17.11.21 Subzone Design Standards
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These Subzone Design Standards encourage linking the subzones with pedestrian and vehicular
travel ways, consistent landscaping along streetscapes, and minimal building setbacks which
encourage an active public realm. Careful attention, however, shall also be paid to shielding
residential uses from incompatible functions associated with commercial uses.
1. Residential Mixed-Use Subzone
Location:As shown on the OSGOD Map.
a. Building Type: The dwelling units in Residential Mixed-Use Subzone may be
situated in a single structure or in multiple structures. Where multiple structures are
proposed,all dwellings shall contain not less than 20 dwelling units.
b. Nonresidential Uses: The permitted retail, restaurant, and professional services uses
in the Residential Mixed-Use Subzone shall be centrally located on the ground floor
of the building in which it is contained.
c. Upon the approval of the SPGA, projects abutting the Mixed-Use Development
Subzone within 200 feet shall be allowed to apply the dimensional and design
standards and permitted uses of the Mixed-Use Development Subzone.
2. Mixed-Use Development Subzone
Location:As shown on the OSGOD Map.
a. Building Type: The dwelling units in Mixed-Use Development Subzone shall be
situated over the allowed non-residential space. If nonresidential space is developed
in this Subzone, a minimum of 50%of the proposed retail or commercial space must
have residential above. No certificate of occupancy or use for nonresidential space
shall be issued unless residential space has been developed and permitted for
occupancy above.
b. Nonresidential Uses: The total gross floor area of all nonresidential uses in Mixed-
Use Development Subzone shall not exceed 100,000 square feet per project.
3. Business Opportunity Development Subzone
a. Permitted uses in the Business Opportunity Development Subzone shall not exceed
150,000 square feet per project unless waived by the PAA. (Nan
17.4-142 Application for Plan Approval
17.121.1 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 Project buildout and individual elements thereof.
Such Concept Plan should reflect the following:
1. Overall building envelope areas;
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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 Project design will be consistent with the design standards and other
requirements of the OSGOD.
17.112.2 Full Buildout Required
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. An application
shall show the proposed buildout of the entire OSGOD, whether the Project will be phased or
not.
17.112.3 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.
17.132 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 PAA and also file
forthwith a copy of the application form including the date of filing with the Town Clerk.
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.
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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. 44, s. 53G. Such fees shall be held by the
Town in a separate account and used only for ewes—assEexpenses associated with the
review of the application by outside consultants, including, but not limited to, n ys,
attorneys, 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.
17.4-3-14 Decision
17. 14.1 Waivers
Upon the request of the Applicant, the Plan Approval Authority may waive dimensional and
other requirements of Section 17.0, including the design standards of Section 17.10, in the
interests of design flexibility and overall project 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 Project to achieve the density, Affordability, mix of uses, and/or physical
character allowable under this Section 17.0.
17. 14.2 Plan Review
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.
17.4-314.3 Plan Approval
Plan Approval shall be granted where the PAA finds that:
1. theThe applicant has submitted the required fees and information as set forth in the
Regulations,
2. theThe Project and site plan meet the requirements and standards set forth this Section
17.0,or a waiver has been granted there from=- c and
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3. palPotential impacts of the Project have been adequately mitigated.
17.4-314.4 Plan Disapproval
A site plan may be disapproved only where the PAA finds that:
1. the-The applicant has not submitted the required fees and information as set forth in the
Regulations,or
2. the-The Project 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. poter4alPotential impacts of the Project cannot be adequately mitigated.
17.4-314.5 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. 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.
17.44-15 Change in Plans after Approval by PAA
17.4415.1 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 s c3pya co 7 to the applicant for filing with the Town Clerk.
17.4-415.2 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.
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TABLE 1: Summary of Use Regulations
>� kleentiat
Underlying Mixed-USe Mixed-Use Business Opportunity'
Permitted Use Indust>rial2Z6ne 40RSubdisirici! 40RSubdi�trkt 40k8ubdi4rict
Agricultural Use* Y N N N
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 W ash 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
Eating&Drinking Establishment N* Y1 Y1 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 ofAmus ement or A ss embly N N SP SP
Indoor Ice Skating Facility SP N SP SP
Lumber,Fuel Storage or Contractor's Yard N 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 YZ 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* Yl 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* Y1 Y1 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 N* N N N
Day Care Center SP Y Y N
NOTES:
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 cguction with mixed-use development projects.
DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
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 DECEMBER 28, 2006,
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
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
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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
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
which shall be the same as a Comprehensive Permit Application for Residential
and Site Plan Review for Commercial; 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
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DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
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.
(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
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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 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.
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DRAFT-2007 ANNUAL TOWN MEETING WARRANT-CLOSE-3-12-2007
(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.
(w) 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.
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
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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.
4.OAPPLICATION FORM
Town of North Andover Plan Approval Authority
(Planning Board)
Application Check List for OSGOD 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 fast public hearing(if
necessary). Failure to submit the required information within the time periods prescribed may
result in a dismissal by the PAA of an application as incomplete. 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: Pickup 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:
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Petitioner submits all of the required plan information as cited in Section 17.0 in the North
Andover Zoning Bylaw and/or Planning Board Ch. 40R Rules&Regulations. Attached is
the Planning Board Chapter 40R Rules&Regulations,which describes what information is
required.
• Step 4: Submit Application:
Petitioner submits (3) typewritten applications time stamped by the Town Clerk, ten (10)
copies of the plan F=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
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:
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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:
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:
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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. Failure to comply with application requirements, as cited herein
and in the Planning Board Chapter 40R Rules & Regulations may result in a
dismissal by the Planning Board of this application as incomplete.
Petitioner's Signature:
Print or type name here:
Owner's Signature:
Print or type name here:
PROJECT REVIEW FEES
OSGOD Fees:
OSGOD Commercial Application shall require the following Project Review Fees:
General Fee is $2,500+$0.25/sf
[Example: 5,000 sf is$2,500+$1,250(5,000 sf x$0.25)=TOTAL$3,750]
OSGOD Residential Application shall require the following Project Review Fees:
General Fee: $7,500 (up to 50 units)
51+unit proj ect General Fee+$100 per Unit after 50
[Example: 75 units=7500+2500]
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OTHER Fees as needed:
Definitive Plan(if necessary)shall require the following initial Project Review Fee:
Project Size Fee
2-15 lots/units $4,000
16-20 lots/units $6,000
21-25 lots/units $10,000
More than 25 lots/units $12,000
Preliminary plans or modifications of plans shall require the following Project Review Fee:
Project Size Fee
2-15 lots/units $2,000
16-20 lots/units $3,000
21-25 lots/units $4,250
More than 25 lots/units $5,000
Depending on the complexity of issues presented,additional fees may be required. All document
recording costs associated with an application is the responsibility of the applicant.
Petition of the Planning Board
Article CC. 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.
Petition of the Planning Board
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Article DD. 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 1600 Osgood
Street(Map 34,Parcel 17);or take any other action in relation thereto.
Petition of the Planning Board
Article EE. Amend North Andover Zoning Bylaw—Section 6 Signs and Sign Lighting
Regulations. To see if the Town will vote to amend the Town of North Andover Zoning
Bylaw, Section 6 Signs and Sign Lighting Regulations in order to create a revised sign regulation
ordnance within all zoning district.
CHANGES AND FULL TEXT TO FOLLOW-LINCOLN DALEY
Petition of the Planning Board
Article FF. 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 Town of North Andover Zoning Bylaw, Sections 8.9(3)(c)(v),
8.9(5)(d)(vii)(3), and 8.9(8) to modify the setback and monitoring requirements for wireless
service facilities;or to take any other action relative thereto.
Petition of the Planning Board
Article GG. 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 PRE), 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.
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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:
1. 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:
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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.
b. For the purpose of creating townhouses, condominiums—aF—multi-family, or
similar housing within a Site Plan Special Permit PRD and Subdivision PRD,
that area of land extencling a minimum of twenty-five feet (25') from the foundation
of the residential structure eave, door or stairway, patio area deck, balcony,
chimney or any other_structure or improvement_shall_be_excluded from the calculation
of uscablc_open space It 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.
E 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.
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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:
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.
Petition of the Planning Board
Article HH. 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;or to take any other action relative thereto.
Petition of the Board of Selectmen
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Article II. 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 of the Town of North Andover from the
Civil Service Law:
SECTION 1.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.
SECTION 2. 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 act.
SECTION 3. Upon passage of this act,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 include an assessment center. 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,
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.
SECTION 4. This act shall take effect upon its passage and approval by the Attorney General.
(To be deleted)
Petition of the Board of Selectmen
Article JJ. 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
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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
Article KK Amend Chapter 101 Section 2 — General Bylaws Fee Residual Waste
Management Facilities. To see if the Town will vote to amend the General Bylaws of the Town
of North Andover by deleting Chapter 101 Section 2 — Fee — Residual Waste Management
Facilities in its entirety;or to take any other action relative thereto.
Petition of the Board of Selectmen
Article LL. 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;or to take any other action relative thereto.
Petition of the Board of Selectmen
Article MM(CITIZEN PETITITON). 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.
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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
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.
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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.
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
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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
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
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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
• 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.
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• 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.
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.
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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
competent jurisdiction,the remainder of this Bylaw shall continue to be in full force and effect.
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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 NEED orth 1A�Tndover,Figure 1 which is a part of this Bylaw.
B.Design Guidelines (JAB-1 ME P!!!!)
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:
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I. 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.
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
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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.
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.
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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.
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.
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Or to take other action relative thereto.
Petition of Lizzetta M.Fennessy and others
Article NN. Adopt Resolution Supporting Establishment of Regional Operations Center
for Essex County. To see if the Town will vote to adopt a resolution supporting the concept
of establishing a regional operations center(ROC)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 that adopt a similar resolution,
and to raise and appropriate a sum of money to support the implementation process; or take any
action relative thereto.
Petition of the Board of Selectmen
Article 00. Acquisition of 75 Park Street—Assessors Map 85 Block(??Parcel)-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 IllZPT
Properties Trust, or its successor in ownership,located at 75 Park Street as further described on
Assessors Map 85, Block 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 affect said
purchase;or to take any action relative thereto. (should affect be effect??JAB)
Petition of the Board of Selectmen
Article PP. Accept Resolution Regarding State Funding. TO BE SUBMITTED—MARK
—IS THIS ARTICLE PP????
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Article QQ. 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 as follows:
Delete Section 88-8 Nuisances in its entirety and replace with the following:
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 real property boundary: First Offence: $25.00 Second Offence: $50.00, 3rd and
subsequent offences: $100.00
Molesting passerbys or chasing vehicles: First Offence: $25.00 Second Offence: $50.00,3rd and
subsequent offences: $100.00
Attackin§people, including biting, or domestic animals: First Offence: $100. Second Offence:
$200. 3r and subsequent offences: $300.00
Trespassing on school grounds or other public land where dogs are banned or trespassing upon
private property: $25.00 Second Offence: $50.00, 3rd and subsequent offences: $100.00
Violation of Section 88-1 Leash Required: First Offence: $25.00 Second Offence: $50.00, 3rd
and subsequent offences: $100.00
Violation of Section 88-3 Restraint Order of this bylaw: First Offence: $100. Second Offence:
$200. 3rd and subsequent offences: $300.00
Violations of this bylaw may be handled as a non-criminal offence 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 MGL,Chapter 140, Section 157.
Or to take any other action relative thereto.
Petition of the Board of Selectmen
(DO WE NEED TO SHOW HOW THE EXISTING BYLAW READS AND
WHAT IS BEING AMENDED??? JAB - FOR AG PURPOSES WE
SHOULD SHOW EXISITNG LANGUAGE OR SHOW CHANGES)(DO WE
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HAVE TO REFER TO NON-CRIMINAL IN NA CODE AS Chapter 1 —
Section 6 ????JAB) (SHOULD PASSERBYS BE PASSERSBY???JAB)
Article RR. (CITIZEN PETITION) 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
Article SS. (CITIZEN PETITION)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 of the warrant for the 2006 annual town meeting to change
the purpose of the appropriation and borrowing authorized pursuant to Item 5 of said Article 24
to be as follows "rehabilitating town owned building", or to take any other action relative
thereto.
Petition of Mark H.Rees and others
Article TT. (CITIZEN PETITION) 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
Article UU. (CITIZEN PETITION) 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 item(h)"three constables". 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
Article W. (CITIZEN PETITION) 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,
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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:
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,
and to take any other action related thereto.
,
)at Docu
Petition of John T. Smolak and others
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Article WW. 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"A"with the note"SP" and
take any other action related thereto.
Petition of John T. Smolak and others
Article XX. Amend Zoning Map—Assessors Map 108-C Parcel 9—Route 114—Turnpike
Street and Berry Street—Rezone from Residential 2 (R2)to Industrial 1 (I1). Ten or more
registered voters from the Town of North Andover and Mark Schwarz, the buyer of a parcel of
land located along Route 114 (Turnpike Road), North Andover, Massachusetts and shown on
Assessor's Map 108-C as Lot 09(the"Property"),hereby petition 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 1 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 1 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 1 District.
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Petition of Mark Schwarz and others
Article YY. Stabilization Fund. To see if the Town will vote to transfer or appropriate
funds from any Stabilization Fund(s)to the operating budgets/general fund: or to take any other
action relative thereto.
Petition of Diane Huster and others
Article ZZ. Amend Town Charter—Insert Chapter 12—Web Access to Public Records.
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