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HomeMy WebLinkAboutAMENDED-APRIL 17 2008-FINAL FIN COM REPORT FOR CITIZEN-REVISED TOWN OF NORTH ANDOVER MASSACHUSETTS WARRANT ANNUAL FINANCE COMMITTEE REPORT TO VOTERS �ORTy D� ,t�t.�o n fi T O LAKE COC MIC NE WICK 41. � ATED P-f SSgC HUS�� a NORTH ANDOVER HIGH SCHOOL 430 OSGOOD STREET Please Bring This Booklet With You! Additional I nformation and updates www.townafnorthandaver.com Citizenswith Disabilities The Town of North Andover wishes to take those steps that are necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and/or services. If you need any of the auxiliary aids or services identified in the "Americans with Disabilities Act" in order to participate at Town Meeting, please contact the Town Clerk' s Office at (978) 688-9502. Voters will be checking in by last name. You will be given a Town Meeting Voting card and need this be abl a to vote. You would have had to be registered to vote by Wednesday, April 23, 2008. You may call the Town Clerk's Office at (978)688-9502 or by e-mail to verify voter status at j bradshaw(a-)-townof northandover.com. Non-voters must sign in at the Registrars Table, display a non-voter pin and be seated in a designated section. If you require handicapped parki ng access or need speci al parki ng accommodati ons pl ease cal I the Town Cl erk' s Off i ce f or speci al arrangements. We will make any requests available to assist with warrants and parti ci pati on i n our Town M eeti ng. R ease do not hesi tate to cal I us at i f you have any questions or concerns. We look forward to seeing you at Town Meeting which will begin on Tuesday May 13, 2008 at the North Andover High School 430 Osgood Street beginning at 7:OOPM. May 13, 2008 Page 2 NORT{y qH ° 9 eRS�* SSRCN�S� ANNUAL FINANCE COMMITTEE REPORT TO VOTERS To the Voters of North Andover: I ntroduction The past year has seen a continuation of financial difficulties for North Andover. Last year's override addressed the Town's most critical needs on both the municipal and school portions of the budget. However, over the past year, the economy has taken a turn for the worse and our expenses have continued to increase at a rate greater than what can be covered by the 2'/percent growth al I owed for by I avr. Once aged n our Town M anager has recommended a"I evel servi ces" budget. However, since this follows prior years of decreases or level services, it is generally thought that there i s I i ttl e to no room left to reduce service. On the revenue side of the budget, we have seen revenues from the Osgood Landing efforts. Unfortunately, this is one-time money and does not address our needs f or successive years. Small increases in money from the State do not close the gap, and future revenue increases to be provided by the State do not look promising. With the downturn of the economy, revenues from excise takes f el I because people bought f Ewer cars. L i kEwi se, f Ewer building permits have been i ssued i n I i ght of the current state of the housi ng market. And f i nal I y, the Federal government's efforts to stabilize the money markets by dropping the prime rate have resulted in a drop of approximately $500,000 over the past f env months in our projected investment i ncome f or fiscal year 2009. We do not seek to pai nt a bl eak pi cture, however, we bel i eve it i s i mportant to make a real i sti c assessment of where our Town stands f i nanci al I y and pl an accordi ngl y. As goes the town, so go the finances of the citizens of our town. As such, we believe the majority of the Town cannot aff ord an overri de to add to the revenue si de of the equati on. Therefore, the course we need to set i s to I i ve wi thi n our means si nce i t may take a f env years bef ore our Town's f i nanci al si tuati on turns around. Our Town has made strides to better control expenses, and will take further steps in the upcoming year. We have hired a purchasing manager who supports both the school and municipal sides of our purchasing needs, which the Finance Committee believes will result in significant cost savings. The Town has consolidated its accounting system between both the school and municipal sides, making it easier to manage our finances and al I ow us to make i mprovements. May 13, 2008 Page 3 Also, the Finance Committee has begun using a new tool that the State's Department of Revenue (D OR) has provided to help us make better financial forecasts. This tool, combined with our diligent review of the Town's budget, pl aces us in a posi ti on to make reasoned judgments on our Town's finances. Our budget review continues, and, working with the Board of Selectman and School Committee, as well as Town employees, the Finance Committee seeks to clarify certain f undi ng requests. I t remai ns our obj ecti ve to ensure compl ete and accurate budget esti mates. This Annual Finance Committee Report will rev iEw current issues and challenges. The Finance Committee is not a policy-making board and thus cannot make changes unilaterally. However, we do recommend policy changes, which in our opinion will improve the financial condition or management of the Town. Ultimately, it is you, the Voter that has the power to make change. The Committee urges you to obtain the budget spreadsheets online or from Town Hall, educate yourself on the various issues, and attend the Annual Town Meeting on Tuesday, May 13tH Town Meeting is your opportunity to have your voice heard, and to direct your local government's acti ons f or the comi ng year. The better prepared you are, the more abl e you will be to make a meani ngf ul contri buti on. Finance Committee Objectives The Finance Committee is a nine-member, diverse volunteer board appointed by the Town Moderator. The Committee's mission is to make objective and concise recommendations to Town Meeting on the Annual Budget and any other finance-related warrant articles. To achieve this mission, the Committee reviews and considers any matter that may have a long- or short- term fiscal impact on the Town and communicates with other Town boards, departments, employees, and members of the public for the purpose of gathering relevant and accurate information for evaluation, debate and the formulation of a recommendation. We review all aspects of the Town's finances, including revenues, expenditures, and budgets (operating, capital, and enterprise). In addition, we provide printed recommendations and detailed explanations for all financial articles contained in any Town Meeting Warrant. However, our authority is limited to making recommendations to our elected boards and you, the Voter. We stri ve to provi de a credi bl e and comprehensi ve vi env of each department's f i nanci al pi cture—not just the Capi tat Improvement Plan and Operating Budget. Revenue and Fixed Cost Review Committee I n 2004, based on the recommendati on of the Fi nance Commi ttee, Town M eeti ng establ i shed a Revenue and Fixed Cost Review Committee. The purpose of this committee is to annually examine and forecast fixed expenses and revenues for each upcoming fiscal year. The resulting f orecast, prepared and presented by thi s i mportant group, served as the basi s f or certei n revenue & fixed expense portions of the FY 2009 budget. As we move closer to Annual Town Meeting, the Finance Committee continues to update the forecast amounts to better project the FY 2009 Revenues and Fixed Costs. The complete report submitted by the Revenue and Fixed Cost Review Committee can be found on the Town's Web site, under Finance Committee, and then under the"Article' link. May 13, 2008 Page 4 Prioritization of Services The Finance Committee's approach to the FY 2009 budget is to prioritize the Town's key services. Essential services are given first funding priority. Also, government-mandated services require a certain level of funding. Desirable services certainly add value to our community, but should be lowest on the prioritization list. Department Challenges Every department in North Andover continues to be stretched to the limit. As mentioned above, the Town Manager's recommended budget would not cut any staff, but would not restore department servi ces to previ ous I evel s. Exampl es i ncl ude. • Marginally acceptable class sizes in al I schools • Restored accreditation at the High School with caveats • U nacceptabl e work condi ti ons at the Pot i ce Stati on Debt Debt i s typi cal I y used to pay for i mprovements to a Town's i of rastructure. However, every dot I ar that is spent to pay down debt takes a dollar avray from the Town's ability to provide other services. An excessive amount of debt could reduce North Andover's credit rating and cost the Town more in higher borrowing rates. Additionally, it would slow the Town's ability to restore valuable services in the future. The Finance Committee will present a recommendation on the Capi tat I mprovement PI an that takes not onl y the Town's i of rastructure needs i nto consi derati on, but the f uture f unds avai I abl e f or the Operati ng B udget. Reserves n prior years, the Town has debated usi ng the Town's reserves to supplement revenues. Our reserves are comprised of free cash and the Stabilization Fund. Such reserves are dedicated for one-time emergencies, and unforeseen events. Spending reserves in order to balance the operat i ng budget i s f i scat I y unw i se. The Town's independent auditors, as well as the Department of Revenue's guidelines, suggest that a Town should maintain a reserve of at least 5% of its operating revenue. In North Andover's case, we would need to have$3.8 m i I I ion in reserve to meet that standard. Our current balance in the Stabilization Fund is only $1.1 million. Using any of these reserve funds in the Operating Budget to cover operating revenue shortfalls will only sustain the f unded servi ce f or one year while leaving no "emergency" money available. In addition, unexpected events can have a devastating impact on Town resources, especially if reserves have been used to fund other non-emergency services. The most obvious example relates to the resources necessary to keep our Town plowed and sanded during the winter. While North Andover could cover spending above budget on this expense, without an adequate reserve, it would do so at the risk of losing other Town services. In advocating for an adequate reserve balance, our objective is to protect the Town from any situation where an emergency need will require that we cut into existing May 13, 2008 Page 5 services during the fiscal year. Therefore, the Finance Committee is unanimous in its position that no reserve f unds be used to f and the operati ng budget. Using"One Time" Revenuesand Reservesto Balance the Budget There is an inherent danger in the funding of recurring services with one-time revenue sources. By definition, one-time revenues do not recur. Therefore, if one-time revenue is used to fund recurring services, the recurring services will either need to find a near revenue source or be eliminated in the f of I owi ng year. For this reason, the practice of using one-time revenues to fund recurri ng servi ces i s di scouraged by debt-rati ng agenci es. I n FY 2009, the Town i s rel yi ng on one-time revenues of approximately $1.3 million. While the amount of one-time revenues needed may decrease in future years, the Finance Committee remains unanimous in its support of the el i mi nati on of thi s practi ce. The I mpact of Recurring Expenses rising more than 2'/2% Some residents believe that the 2 %% limit pl aced on tax revenue growth should enable the Town to keep pace wi th i of I ati on and mad ntai n a I evel servi ce budget. U of ortunatel y, many of the Town's costs continue to increase at a much higher rate, and have exceeded the Town's revenue growth. The costs of employee health care, special education, retiree pensions and health benef i ts, energy, and contractual sal ary i ncreases have had the greatest i mpact. I ncreases i n these items have outpaced the increase in revenues and have thereby reduced the amount of money that the Town has avai I abl e f or other operati ng expenses. Variables The Town Manager's Recommended Budget receives considerable attention when it is first introduced in early February. It i s i mportant to note that by the time this budget reaches the f I oor of Town Meeting in May, it has undergone revisions. The impact that a budget has on Town servi ces wi I I change as the forecast for revenue and expense items is refined. Variables affecting the budget include. • I ncreases or reducti ons i n State A i d (e.g., Chapter 70) • Changes i n State Assessments • Availability of internal funds(e.g., overlay transfers) • Changes in col I ecti ve barged ni ng agreements • Potenti al changes to the Sped al Education Budget • Economi c changes, such as changes in fuel prices and interest rates • U pdated FY 2008 spendi ng records that i ndi cates a near or changed spendi ng trend • Updated forecasts of FY 2009 revenues May 13, 2008 Page 6 Opportunitiesfor Savings During the course of the year, as the Finance Committee has revievred Town finances, we have observed certain opportunities for change, that if implemented by the Town's leadership, coul d result in increased revenues or decreased costs. Examples of these observations, including several that woul d requi re renegoti ati on of col I ected bargai ni ng agreements, i ncl ude: • 1 ncreasi ng co-pays and deducti bl es pai d by empl oyees f or heal th care servi ces • 1 mpl ementi ng a comprehensi ve wel I ness program f or empl oyees • Consol i dati ng posi ti ons between muni ci pal and school departments • Centralizing facilities management through a Facilities Manager (included in the proposed budget) • Regionalizing serviceswith neighboring communities • L ong-range pl anni ng to reduce out-of-di stri ct Speci al Educati on costs • Enforcing State Mandates for Recycling throughout the Town Departments and among the residents. • Finding creative ways to fund lower priority services whether through fees or corporate sponsorshi ps. Cond usi on Every year our Town has f aced a bat anci ng act between the takes we can afford and the servi ces we need. Taki ng thi s one step f urther, we al so I ook to bad ance our current operati ng needs and the continued maintenance or improvement of our Town's infrastructure. In particular, this includes our need for anew Pot i ce Station, changes to our Fire Stati ons, other bui 1 di ngs needed for our schools and school administration, and other capital improvements that include trucks, streets, and computing resources. The realization of this balance is seen in the ratio of debt servi ce to net operating revenues whi ch has seen an increase this year from 5.14% in Fiscal Year 2008 to a proj ected 5.33% i n Fi scal Year 2009. The Fi nance Committee has kept thi s f i gure i n mind as we review this year's budget since it will impact successive years. This year, the Finance Committee has taken steps to keep the community better informed. We have posted our Agendas and M eeti ng M i nutes on the Town's Web si to and gi ven them to the I ocal medi a We wrote an arti cl e that expl ai ns the f uncti on of the Fi nance Commi ttee, and posted i t on the Town's Web si te. A nd, as al ways, the publ i c i s wet come at our meeti ngs, si nce these are publ i c meeti ngs, and we i nvi to your i nput. We bet i eve thi s has contri buted to the transparency of our work, and our abi I ity to make a comprehensive recommendation to you, the Voter, regardi ng our Town's f i nances. We continue to believe strongly that the solution to the Town's current fiscal difficulties 1 i es in a combination of disciplined union and non-union salary and benefit negotiations, creative reductions in expenses by consolidating functions, optimizing business development opportunities, and maximizing current revenue opportunities. May 13, 2008 Page 7 We hope that all Townspeople respect our Town's democratic process. Many Town employees, el ected off i ci al s, and vol unteers have put enormous eff ort i nto produci ng the budget. A I though individual opinions will differ regarding the best approach to handling our Town finances, we must recognize that preparing the budget is a collective effort undertaken for the good of the community. Rhetorical comments or false accusations at Town Meeting will not movetheTown forward. You can participate in the process prior to the Town Meeting, by providing information and comments to Town committees and boards. Your input does impact the recommendations presented at Town Meeting. Finally, before coming to Town Meeting, please review the materi al s provi ded here, so that you can make an i of ormed vote on the i ssues. Respectf ul I y Subm i tted, North Andover Finance Committee Douglas J. Swatski, Chairman M ark Rodgers, V i ce Chai rman Eva E. Hamori M i ke Gi arratano Jean Sullivan Ben Osgood Peter Besen Alan LeBovidge Ramsey A. Bahravey " The North Andover Finance Committee, constituted as required by Massachusetts Law and the North Andover Home Rule Charter, consists of a diverse group of citizens appointed by the Town Moderator to learn about, explain, and make recommendations on all aspects of municipal fi nance on behalf of the Town's residents." Finance Committee Public Hearing Thi s meeti ng i s anticipated to take place in the f i rst week of April. School Department Comments A joint School Committee and Finance Committee meeting took place on Tuesday, Mach 16tH 2008. School Superintendent Dr. Jim Marini presented on the difference between the School Department's requested budget and the Town Manager's recommended budget. There was di scussi on on the Pre-K CI P bui I di ng request, the need f or textbooks i n the school, the current status of the H i gh School accredi tali on, and other topi cs regardi ng the school. May 13, 2008 Page 8 Town Charter References Regarding Town M eeting 2-5-1 A moderator, elected in accordance wi th the provisions of Chapter 6, shall preside at al I sessi ons of the town meeti ng. 2-6-1 Rut es of pal i amentary procedure i n si mpl i f i ed f orm shat I be prepared by the moderator and shad I annual l y be i ncl uded i n the Fi nance Comm i ttee report. 2-6-2 The Town Cl erk shat I make copi es of the si mpl i f i ed rut es avai I abl e f or di stri buti on to those requesti ng them, to new voters at the ti me of registration, and to those i n attendance at al I sessi ons of the town meeti ng. North Andover Home Rule Charter The fd I owi ng are the M oderator's si mpl ifi ed rul es of parl i amentary procedure and an expl anati on of vari ous aspects of our N orth Andover Town M eeti ng Town Meeting Rules of Parliamentary Procedure (Simplified Form) The rules of North Andover's open Town Meeting are based upon the traditions established by the citizenry of Nevv England communities, acting as legislators of their local governments. More than 250 Massachusetts towns conduct "open town meeting", wherein each registered voter in attendance has an equal voice in the decision making process. Specific parliamentary rut i ngs withi n our meetings are made by the Moderator, using Massachusetts General Lags, the North Andover Charter, North Andover By-Lags, and local tradition as the basis for these decisions. Although not formally adopted for North Andover's meetings, the book "Town Meeting Time, A Handbook of Parliamentary Law", published by the Massachusetts Moderators' Association, often provides guidance for unusual situations. Roberts' Rules, more suited to regularly recurring meeti ngs of an established board, are not applied. Town M eeti ngs of Massachusetts towns are similar, but not i dent i cal; local traditions can significantly affect local proceedings. North Andover's meeting procedures are intended to present questions clearly to the voters, wi th m i ni mat conf usi on, f or thei r deci si on. At any North Andover Town Meeting: 1. The f i rst acti on requi red after the announcement of any Artide on the M eeti ng's Warrant i s that a M ain M otion be proposed, before discussion and debate can begin. The sponsors of an anti cl e, or town boards w th recommendati ons, are I i kel y sources of a mai n mot on. May 13, 2008 Page 9 2. Anyone wishing to address the meeting should seek the attention of the moderator when no other speaker has the floor. Public microphones are available, where a speaker seeking to be recognized wi I I cal I out "M r. M oderator..." 3. Once recognized by the moderator, a speaker is normally limited to f ive(5) mi nutes to address the meeti ng on the current arti cl e. Excepti ons(f or extended ti me) can be granted by a vote of the meeting, or by prior arrangement with the moderator, particularly if visual displayswiII be used (See `A Special Note on Visual Presentati ons', below). Questions are welcome, as well as statements endorsing a position. 4. Each speaker should introduce him/herself, using name and street address the first time speaking at any session of Town Meeting. If acting as attorney or paid agent for another, that should be di scl osed at the start of any remarks. 5. All remarks should be addressed to the moderator (although obviously all are I istening). Direct interrogation of previous speakers is not permitted. 6. An amendment (changing the main motion) can be offered during the course of debate, and will change the discussion to consider the proposed amendment (only). Specific wording of any proposed amendment shoul d be made avai I abl a to the moderator and town cl erk. 7. Whi I e del i berati on and debate are f undamental to Town M eeti ng, i n due course i t wi I I become apparent that voters have received essential information, and are ready to act. There has been no established parliamentary method of suppressing debate, voter reaction and the moderator's guidance tend to discourage repetitious statements. 8. Votes are taken by various methods- voice(Ayes and Nays), a"show of hands", or a counted vote. For other than a counted vote, seven (7) voters may doubt the announced vote by ri si ng and standi ng i n pl ace, such doubt wi I I cause a counted vote to be taken. 9. M ost i ssues wi I I be deci ded by a si mpl e ma on ty of those voti ng; i ssues requi ri ng a two-thi rd (2/3), four-fifth (4/5), or other ma ority wiII be clearly identified to the meeting. A Glossary of Tawn M eeting Terms Tawn M eeti ng- A duly-cal led meeting in which al I registered voters are eligible to participate. t i s the Town's I egi sl ature, where f i scal i ssues, zoni ng changes, by-I atr amendments, and other matters eff ecti ng the Town are deci ded. A regul ar (Annual) M eeti ng i s hel d each M ay to deci de i ssues for the fiscal year starting in July. A (Special) Town Meeting may be called at other times, to deal with issues that cannot wait for the next Annual Meeting; a Special Town Meeting is cal I ed by the Selectmen; a peti ti on of two hundred (200) voters wi I I cause one to be cal I ed. Warrant - Public notice of business to be considered at Town Meeting. It is publicly posted throughout the Town, sets a time and place for the meeting, and contains one or more articles. The warrant is opened by the Selectmen for article submission prior to the meeting, and closed wet I in advance of the meeting. Article- Definition of an issue to be decided at the meeting. Individual matters are described in arti cl es so that al I voters are warned of potenti al acti on to be taken. The scope of each arti cl a sets the bounds of actions that may be taken. Articles are submitted by Town agencies, or citizen peti ti ons of ten (10) at annual meetings, or one hundred (100) at special meetings. May 13, 2008 Page 10 Main Motion - Required under the article(and within its scope) for the meeting to act. It maybe as si mpl a as"To adopt the arti cl e, as pri nted i n the warrant" or a more compl ex acti on, as I ong as the arti cl e's scope i s not exceeded. A mai n moti on shoul d be made and seconded f or di scussi on to proceed; a favorable recommendation from the Finance Committee will be taken as a main motion, made and seconded. Whenever possible, affirmative(rather than negative) main motions are pref erred to avoi d conf usi on. Amendments- M ay be offered to a mai n moti on, debated and accepted or ro ected. Compl ex amendments should be submitted to the Moderator in writing. Individual amendments will be considered in turn; amendments to amendments are discouraged. The resultant (possibly amended) main moti on wi I I ultimately be voted upon. Reconsideration - Of action under an article may be proposed only once. The option is useful when inter-dependent decisions are to be made under separate articles, it is dangerous when introduced after a had-fought decision has been made, and there has been a change in the audi ence. I ntroduci ng a moti on to reconsi der i mmedi atel y after a hard-f ought deci si on, wi th the expectati on of i is def eat, wi I I eff ecti vel y I ock out f uture reconsi derati on. Adjournment - To another date and place certain may be proposed and voted to recess the meeti ng to a f uture sessi on. Dissol uti on - I s the f i nal act of a meeti ng. A I I i ssues wi I I have concl uded, and f uture di scussi on will require another warrant for another meeting. The Players Voters - The ultimate decision makers. Voted decisions are binding on the entire Town, i ncl udi ng i is el ected off i ci al s. Moderator - Elected, responsible for the conduct of the meeting. Part i amentary rulings, conducting of the debate, and voting are vested solely in the Moderator. Town Clerk -Appointed by the Town Manager, responsible for distributing notice of any Town Meeting, keeping all public records associated with meetings, and producing the fined recorded minutes of actions voted. The Town Clerk's minutes are the only tangible result of much thoughtf ul debate, and voti ng; they are used i n formal enactment of I ocal I airs. Selectmen - Elected, responsible for calling the meeting and ordering the warrant. This executive board is often authorized by the meeting to act in the Town's behalf between Town M eeti ngs. Finance Committee- Appointed by the Moderator, responsible for recommending on financial and often other articles. This cross-section of citizens has the opportunity to investigate articles proposed to the meeting and make independent recommendations. Planning Board - Appointed by the Town Manager, responsible for administering the Town's Zoni ng By-I avr. Thi s board i s requi red to hol d heari ngs and make recommendati ons on arti cl es whi ch effect zoni ng or envi ronmental i ssues. Town Counsel - The Town's Attorney, appoi nted by the Sel ectmen. Counsel wi I I make I egal rul i ng, and advi se the meeti ng, as needed. May 13, 2008 Page 11 Other Players-The f of lowing participants have strong interest in assuring the meeting's success. They wi I I propose issues and supply information to the voters. School Committee Town Manager Superintendent of Schools Town Accountant Department Heads Town Committees. Supporting Casts-The fol Iowing staff supply the necessary support to conduct a meeting of thi s si ze. Registrars of Voters Voter Check-i n Clerks Counters Publ i c Saf ety Off i cer Faci I i ti es M anager of the B ui I di ng used A Special Nate on Visual Presentations Pri or to the 2003 Annual Town M eeti ng, any speaker at Town M eeti ng was al I owed up to f ifteen (15) m i nutes to present materi al, i f a vi sued presentati on was i nvol ved. Because of an i ncreasi ng number of such presentations, together with decreasing patience of many Town Meeting attendees, it is planned that differentrudeswill appdythisyeer. If more than the nominalfive(5) minutes is required: • Visual presentations by Town agencies, with si mi d ar recommendations on an article, will be consol i dated into a single presentation. That presentation, coordinated with the moderator at least one week prior to a town meeting, may exceed 15 mi nutes, but wi I I reduce the ti me needed for multiple presentations. • Visual presentations by citizens or citizen groups must also be coordinated with the moderator at least one week prior to a town meeting. The moderator will encourage consolidation of presentation material, to benefit the attending voters, and to achieve balance during the debate. • "One picture is worth one thousand words." — should be the guiding pri nci pl e of visual presentations. Any information that is unabl e to be conveyed easi d y i n verbal form (maps, i mages, graphs) i s a good candi date f or vi sual di spl ay, i mprovi ng the del i berati ons. Any visual display must be abd a to be easi d y viewed by all attendees at Town Meeting. (if a di spl ay cannot be seen beyond the f i rst f ew rows of the audi ence, i t i s not acceptabd e f or use.) Technical assistance and arrangements for display equipment can be coordinated with the Town Clerk or Moderator, preferably at least one week before the meeting. Computer, projectors and screens are available, use of an overhead projector is di scouraged. May 13, 2008 Page 12 Courtesy I ssues • Address the meeting with new information, to persuade undecided voters. Re-iterating old information as a show of support takes ti me and does I i ttl a to affect the outcome of a vote. • Please refrain from appl ause or negati ve j eers during discussion. • Brevity in remarks shows respect for the value of your neighbor's time. The most persuasive statements at Town meeting are often the most succi nctly stated, retai ni ng the audi encd s f ul I attenti on. Participation at Town Meeting is an American tradition, one which differentiates New England towns from other regions and from larger cities. Decisions made by these meetings are somehow more satisfying than those delegated to elected boards or paid staff. Help maintain this tradition by joining with neighbors to discuss the issues. We will respect the value of your time and part i ci pat i on. CharlesA. Salisbury, Town M oderator (978) 685-1568 Chart i Sal i sbury.or Town Byl aws Affecti ng Town M eeti ng 59-1. Adj ournment - When a Town M eeti ng shad I be adj ourned to a ti me certai n that i s more than f ourteen (14) days f rom the ti me of adj ournment, the Town Cl erk shad I cause noti ce of the ti me and pl ace of such adj ourned meeti ng to be dud y posted i n three(3) or more publ i c pl aces in each precinct in the Town two (2) days at least before the time of holding said adjourned meeting, which noti ce shal I also briefly state the busi ness to come bef ore such meeting. 59.2. Quorum -There is no quorum requirement for Annual or Special Town Meetings. 59.3. Reconsideration Vote- Unless the Moderator shall otherwise rule, for reasons which he shall state to the meeting, no second motion for reconsideration of any action taken by any Town M eeti ng shad I be entertai ned duri ng that meeti ng or any adj ourned sessi on thereof. 59.4. Secret Ballots- Upon motion duly made and seconded, at any Annual or Special Town Meeting, and upon the affirmative vote of at least twenty-five percent (25%) of the voters present at said Annual or Special Town Meeting shall be voted upon by Australian (Secret) Ballot. M assachusettsGeneral Law also provides Chapter 39: Section 17 Powers of Moderator; Preservation of Order - No person shall address a town meeting without leave of the moderator, and all persons shall, at the request of the moderator, be silent. If a person, after warning from the moderator, persists in disorderly behavior, the moderator may order him to withdravr from the meeting, and, if he does not wi thdravr, may order a constabl a or any other person to remove hi m and conf i ne hi m i n some conveni ent pl ace unti I the meeti ng i s adj ourned. May 13, 2008 Page 13 2008 Annual Town M eetinq Warrant Table of Contents Page Article 1. Reports of Special Committees 16 Article 2. Reports of Receipts and Expenditures 16 Article 3. Authorization of the Town Manager or Superintendent of Schools Regardi ng Contracts i n Excess of Three Years. 17 Article4. Authorization to Accept Grants of Easements 17 Article5. Authorization to Grant Easements 17 Article6. Compensation of Elected Officials 18 Article 7. Amend General Fund Appropriation Fiscal Yea-2008 18 Article8. Amend Capital Improvement Plan Appropriation for Fiscal Year 2003-Stevens Estate 19 Article9. Prior Year Unpaid Bills 19 Article 10. Fiscal Yea-2009 General Appropriation Article 20-24 Article 11. Water Enterprise Fund Appropriation - Fiscal Year 2009 25 Article 12. Sewer Enterpri se Fund Appropri ati on - Fi scal Year 2009 26 Article 13. Stevens Estate at Osgood H i l l Enterprise Fund Appropriation Fiscal Year 2009 27 Article 14. Capital Improvement Plan Appropriation Fiscal Year 2009. 28-29 Article 15. Establ i shment of Revol vi ng Funds 30-32 Article 16. Report of the Community Preservation Committee and Appropriation from the Community Preservation Fund 33-34 Article 17. Conti nuati on of M GL Chapter 59—Seni or Work Program 34-35 Article 18. A ppropri ate Funds f or 4th of Jul y Fi revrorks D i spl ay f or 2008. 35-36 Article 19. Appropriation/Transfer/Borrowing of Fundsto Purchasethe Former Merrimack V al I ey Federal Credit Union Building Located At 1475 Osgood Street for Use as a Police Station 36-37 Article20. Amend Article22-2007Annual TownMeeting-Appropriation of Funds—Town Owned Buildings into Nedv Police Station. 38 Article 21. Bradstreet School —70 Main Street -Conversion to Police Station 39 Article22. Authorize Borrowing of Funds for the Construction of a School Facility Route 125/133—Adjacent to Atkinson School and Middle School. 40 Article 23. Acceptance of M assachusetts General Laws Chapter 71, Sect on 37M Consol i dati on of Admi n strati ve Functi ons 40-41 Article24. Petition the Legislature—Special Act to Exempt the Town of N orth Andover f rom Porti ons of Prevai I i ng Wage Act 41 Article 25. Enforcement of General and Zoning Bylaws 42 Article 26. Enf orcement of Wi rel ess Sery i ce Faci I i ti es Zoni ng By I aw- Section 8.9.3 (c)(v)(1) 42 Article27. Amend General Bylaws-Add Neer Section - Chapter 92 Eminent Domed n. 43 Article 28. Amend General Bylaws—Chapter 17—Section 17-9 Revenue/Fixed Costs RevieN Committee 43-44 May 13, 2008 Page 14 2008 Annual Town M eetinq Warrant Table of Contents(Continued) Pace Article 29. Acceptance of Foul ds Terrace as a Publ i c Way 45-46 Article30. Taking of Autran Avenue for a Public Way 46 Article 31. Establ i shment of Excavati on& Trench Safety Board 46 Article32. Amend VoteArticle 42-1997 Annual Town Meeting Removal of Development Restrictions 47 Article33. Amend North Andover General Bylaws, Nedv Chapter, Chapter 160, Stormwater Management & Erosion Control Bylaw 47-58 Article34. Amend General Bylaws—Add Nedv Chapter—Chapter 134 Machine Shop Village Neighborhood Conservation District B y I aw 58-65 Article35. Amend North Andover Zoning Bylaw—Section 4.122 Resi dente 4 D i stri ct. 66 Article36. Amend North Andover Zoning Bylaw—Section 6 Signsand Si gn L i ghti ng Regul ati ons. 66-69 Article37. Amend Zoning Bylaw—Nedv Zoning District, Amending Section 16 Addition Corridor Development District 3(CDD3). 69-77 Article 38. Amend Zoni ng M ap- Rezone Rte. 125/ Osgood Street Between Barker's Farm and Boundary of Haverhill Corridor Development District 3(CDD3) 78-80 Article39. Amend Zoning Bylaw Section 8.1 Off-Street and Section 8.4 Screeni ng and Landscapi ng Requi rements for Off-Street Parki ng 81-94 Article40. Amend North Andover Zoning Bylaw—Section 4.2 Phased Development Bylaw 94-95 Article 41. A mend Chapter 69 of the General ByI aws—Fi re A I arms 95-97 Article42 Amend North Andover Zoning Bylaw—Section 2.68 Structure 97-98 Article43. Amend North Andover Zoning Bylaw—Section 4.126 Business 1 District and Section 4.127 Business2 District 98 Arti cl e 44. Amend Zoning Map—2302 Turnpike Street, Assessors Map 108A, L of 9 f rom Resi dent i al (R-2) to B usi ness 2 (B-2) 99-101 Article 45. A mend Zoni ng M ap—4 Parcel s—396—398 A ndover Street, 404 Andover Street, 424 Andover Street and 426 Andover Street from Residential 4- R4 to Business 1 (B-1). 101-103 May 13, 2008 Page 15 pORTH pF 14eo q FO A °R.trEO rP"`yg9 �SSACHUS�� Town of North Andover Annual Town Meeting Warrant May 13, 2008 COMMONWEALTH OF M ASSACH USETTS ESSEX,S& To either of the Constables of the Town of North Andover: GREETI NGS: In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of the General Lags, as amended, and our North Andover Town Bylaus 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 Tuesday May 13, 2008, at 7:00 PM then and there to act upon the following articles. Artide 1. Reports of Special Committees To see if the Town will vote to hear the reports of any appointed special committees; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: FavorableAction Artide 2. 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 2007 Annual Town Report; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: FavorableAction May 13, 2008 Page 16 Artide 3. Authorization of the Town Manager or Superintendent of Schools Reciardina Contracts in Excess of Three Years To see if the Town will vote, in accordance with the provisions of Massachusetts General Lags Chapter 3013, Section 12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and airard contracts, except personnel contracts, for terms exceeding three years, including any renevral, extension or option, provided i n each i nstance the I onger term i s determ i ned to be i n the best i nterest of the Town by vote of the Board of Selectmen or the School Committee, as appropriate, Or to takeany other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: FavorableAction Finance Committee Recommendation: To Be M ade at Town M eeting Artide 4. Authorization to Accept Grants of Easements To see if the Town will vote to authorize the Board of Selectmen and the School Committee to accept grants of easements for access, water, drainage, serer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town; Or to takeany other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: FavorableAction Finance Committee Recommendation: To Be M ade at Town M eeting Artide 5. Authorization to Grant Easements To see if the Town wi I I vote to authorize the Board of Selectmen and the School Committee to grant easements for access, water, drainage, serer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: FavorableAction Finance Committee Recommendation: To Be M ade at Town M eeting May 13, 2008 Page 17 Artide 6. 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 M assachusetts General L airs as f of I ows. Board of Sell ectmen/L i censi ng Commi ssi oners, per person, per annum $5,000 Chairman of Board of Selectmen, per annum, in addition $500 School Committee, per person, per annum $5,000 Chairman, School Committee, per annum, in addition $500 M oderator, For Annual Town M eeti ng $500 For each Special Town Meeting $250 Or to take any other action rel at i ve thereto. Board of Selectmen Board of Selectmen Recommendation: FavorableAction Finance Committee Recommendation: Favorable Action FI NANCE COM M I TTEE EXPLANATI ON: In 2006, Annual Town Meeting passed a Citizen's Petition to remove health insurance benefits for elected officials, at a substanti al savi ngs to the Town. The 2007 Annual Town Meeting voted an i ncrease i n the sal ary and compensati on of el ected off i ci al s. Thi s arti cl e seeks to mai ntai n the current I evel of sal ary and compensati on of el ected off i ci al s. Article 7. Amend General Fund Appropriation For Fiscal Year 2008. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2008 as voted under Article 11 of the 2007 Annual Town Meeting; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To Be M ade at Town M eeting Finance Committee Recommendation: To Be M ade at Town M eeting FI NANCE COM M I TTEE EXPLANATI ON: Article 7 seeks to transfer from accounts with surpluses to accounts with deficits for FY2008, an action taken to move monies to where they are now known to be required and to reduce or eliminate the need to carry deficits into the FY2009 budget. May 13, 2008 Page 18 Artide 8. Amend Capital Improvement Plan Appropriation for Fiscal Year 2003 -Stevens Estate. To see if the Town will vote to amend the Capital Improvement Plan appropriation for Fiscal Year 2003 as voted under Article 11 of the 2002 Annual Town Meeting; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: FavorableAction Finance Committee Recommendation: To Be M ade at Town M eeting Artide 9. Prior Years Unpaid Bills To see if the Town wi I I vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of payi ng unpai d bi I I s of pri or years of the Town I i sted bel ow: Prior Year I nvoices FY07 Vendor Amount Department M EGA I nsurance 26,431.00 Workers Comp Ins Andover Electric Services 990.00 Stevens Estate Verizon 29.89 School Department Verizon 28.24 School Department RC M ills 543.89 School Department Balfour 20.00 School Department Marion M ako 145.80 School Department Arist Frangules 50.00 School Department Nextel 473.50 School Department 28,712.32 Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: FavorableAction Finance Committee Recommendation: FavorableAction FI NANCE COM M ITTEE EXPLANATION: Any prior year bills brought forward before Town M eeti ng w I I be i ncl uded i n thi s A rti cl e. Typi cal I y, the current year's budget provi des the money to pay such past bi I I s. Thi s type of A rti cl e has a speci al voti ng requi rement of 4/5ths at an Annual Meeting. May 13, 2008 Page 19 Article 10. General Fund Appropriation - Fiscal Year 2009. To see if the Town wi I I 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, 2008 and ending June 30, 2009; FI NANCE COM M I TTEE/ BOARD OF SELECTMEN/ TOWN 2008 DEPARTMENT MANAGER ATM ADJUSTED YTD REQUESTED RECOM M END FY 2008 FY 2008 1/31/2008 FY 2009 FY 2009 GENERAL GOVERNMENT Town Moderator 750 750 250 825 825 Selectmen/Town M anager 281,149 281,149 252,676 304,262 309,609 Assistant Town M anager/H R 112,860 112,860 92,954 101,045 100,599 Fi nance& Administration - - - - - Town Accountant 241,865 233,068 196,283 255,397 253,524 Purchasi ng 70,000 33,797 25,189 61,800 61,800 Finance Committee 500 500 371 795 795 Treasurer/Collector 274,430 319,430 245,261 300,547 297,133 Outsi de A udi ti ng 54,500 54,500 - 54,500 54,500 A ssessi ng 304,583 304,583 236,333 311,566 300,303 Legal 200,000 200,000 97,520 264,000 200,000 Information Systems 296,871 296,871 229,754 424,471 311,449 Town Clerk 286,509 286,509 193,341 381,252 337,871 Community Development 196,052 196,052 191,076 203,422 202,742 R anni ng Board 99,152 99,152 93,309 102,825 101,494 Conservati on Commi ssi on 77,662 77,662 73,531 80,140 79,359 Board of A ppeal s 37,34 37,340 36,31 38,928 37,8 2,534,223 2,534,223 1,964,162 2,885,775 2,649,879 PUBLIC SAFETY Pol i ce Department 4,125,693 4,125,693 3,576,515 4,466,827 4,178,937 Fi re Department 4,229,086 4,229,086 3,674,647 4,656,316 4,282,310 Inspectional Services 246,567 246,567 236,109 256,767 252,371 Emergency M anagement 20,896 20,896 9,063 21,093 21,067 8,622,242 8,622,242 7,496,334 9,401,003 8,734,685 May 13, 2008 Page 20 ARTICLE 10-GENERAL APPROPRIATION FUND FISCAL YEAR 2009- CONTINUED FI NANCE COM M I TTEE/ BOARD OF SELECTMEN/ TOWN 2008 DEPARTMENT MANAGER ATM ADJUSTED YTD REQUESTED RECOMMEND FY 2008 FY 2008 1/31/2008 FY 2009 FY 2009 EDUCATION North Andover Publ i c School s 35,278,496 35,278,496 33,408,143 36,979,22 36,266,724 35,278,496 35,278,496 33,408,143 36,979,224 36,266,724 PUBLI C WORKS Administration 370,443 371,648 381,033 366,117 389,194 Streets& Sl dewal ks 741,231 740,026 644,293 871,780 791,228 Solid WastelRecyd i ng 1,421,036 1,461,989 1,319,516 1,472,928 1,377,126 Fleet M ai ntenance 253,866 253,866 153,837 269,372 267,356 Structures& Grounds 494,769 453,816 297,163 475,880 471,290 Snow& Ice Removal 685,530 685,530 664,786 685,53 685,53 3,966,875 3,966,875 3,460,628 4,141,607 3,981,724 HEALTH & HUMAN SERVICES Health Department 178,734 178,734 171,568 185,587 183,893 Elder Services 226,210 226,210 192,028 232,309 229,968 Youth Services 233,263 233,263 206,098 296,119 246,777 Veterans Sery i ces 210,457 210,457 130,568 222,898 222,666 848,664 848,664 700,262 936,913 883,304 CULTURE & RECREATI ON Stevens L i bray 801,060 801,060 591,163 835,030 810,557 Festivals Committee - - - - 9,500 Recreati on - - - - - Historical Commission - - - - - 801,060 801,060 591,163 835,030 820,057 May 13, 2008 Page 21 ARTICLE 10-GENERAL APPROPRIATION FUND FISCAL YEAR 2009- CONTINUED FI NANCE COM M I TTEE/ BOARD OF SELECTMEN/ TOWN 2008 DEPARTMENT MANAGER ATM ADJUSTED YTD REQUESTED RECOMMEND FY 2008 FY 2008 1/31/2008 FY 2009 FY 2009 DEBT SERVICE Exd uded-Pri nd pal Long Term 3,269,700 3,169,701 1,969,701 3,239,856 3,239,856 Exd uded- I nterest Long Term 1,535,732 1,535,732 1,142,661 1,390,230 1,390,230 Exd uded- I nterest Short Term - - - - - I ncl uded- Pri nd pal Long Term 3,400,053 2,924,863 2,358,771 3,121,477 3,121,477 1 nd uded- I nterest Long Term 571,269 571,269 424,289 531,550 531,550 1 nd uded- I nterest Short Term - 57,293 - 90,000 90,000 8,776,754 8,258,858 5,895,422 8,373,113 8,373,113 EMPLOYEE BENEFITS Reti rement Assessment 2,247,155 2,247,155 2,261,142 2,520,882 2,520,591 Workers Comp 235,354 235,354 202,730 240,061 240,061 U nempl oyment Compensation 120,000 120,000 41,404 133,200 133,200 Group I nsurance 8,015,598 8,015,598 4,754,516 8,797,314 8,300,000 Health I nsurance- I BN R 135,000 135,000 - 100,000 - Payroll Taxes 467,600 467,600 288,247 533,064 533,064 Pot i ce& Fire A cci dent& Sl ckness I nc. 20,800 20,800 21,594 71,840 71,840 11,241,507 11,241,507 7,569,633 12,396,361 11,798,756 LIABILITY I NSURANCE 499,819 499,819 321,576 474,828 474,828 May 13, 2008 Page 22 ARTICLE 10-GENERAL APPROPRIATION FUND FISCAL YEAR 2009- CONTINUED Fl NANCE COM M I TTEE/ BOARD OF SELECTMEN/ TOWN 2008 DEPARTMENT MANAGER ATM ADJUSTED YTD REQUESTED RECOM M END FY 2008 FY 2008 1/31/08 FY 2009 FY 2009 CAPITAL& RESERVES Fi nance Committee Reserve - - - - - Transfer to Stabi I i zati on Fund - - - - - Articles - - - - - Overl ay 350,00 353,952 - 350,000 350,00 350,000 353,952 - 350,000 350,000 STATE ASSESSM ENTS Spec Ed 17,276 17,276 - 17,276 7,174 Retired Teachers H eal th I nsurance 1,700,325 1,700,325 850,163 1,960,000 1,811,038 M osqui to Control 86,724 86,724 43,282 86,724 87,692 Air Pollution Districts 8,020 8,020 4,010 8,020 8,203 Regional Transit 193,265 193,265 95,437 193,265 182,610 RMV Non Removal Surcharge 15,820 15,820 8,790 15,820 18,460 School Choice 23,769 23,769 9,314 54,996 27,941 Charter School Assessment 54,996 54,996 36,798 23,769 144,934 Essex County Agricultural Assess. 87,449 87,449 43,725 87,449 60,383 2,187,644 2,187,644 1,091,519 2,447,319 2,348,435 Regional Schools 268,022 268,022 134,501 305,545 264,447 School Building Committee 22,000 22,000 - 22,000 22,000 290,022 290,022 134,501 327,545 286,447 Total Non- Departmental Cost 23,345,745 22,831,801 15,012,651 24,369,166 23,631,579 General Fund Budget 75,397,306 74,883,362 62,633,343 79,548,718 76,967,952 May 13, 2008 Page 23 Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: FavorableAction Finance Committee Recommendation: Favorable Action FI NANCE COM M I TTEE EXPLANATI ON: This article is the main appropriation of funds for the Town of North Andover for fiscal year 2009. Town M eeti ng i s bei ng asked to vote on the total budget I i nes (the bol ded I i nes i n the schedule above). The Town Manager has discretion within those budget lines to spend funds differently within the subtotal lines, as long as the total is not exceeded. The School Superintendent, with guidance from the School Committee, has autonomy on how they will spend their total budget. May 13, 2008 Page 24 Artide 11. Water Enterprise Fund Appropriation - Fiscal Year 2009. To see if the Town wi I I vote to appropri ate f rom Water Enterpri se Fund Revenues, transf er f rom avai I abl e f unds or otherwi se provi de a sum or sums of money for the purpose of f undi ng the Water Enterpri se Fund f or the Fi scal Y ear begi nni ng Jul y 1, 2008 and endi ng June 30, 2009; Or to take any other acti on rel ati ve thereto. Board of Selectmen WATER ENTERPRISE FY 2009 Recommendation Town M anager FY 2008 Department Board of Selectmen Budget Request Finance Committee Personnel 7537856 8067754 8067754 Expense 173127578 1,490,050 1,404,000 Debt Service 277967671 278367260 278367260 Sub-Total Direct Expenditures 478637105 571337064 570477014 Admi n/I ndi rect 5607462 5777276 5917196 Total Water Enterprise 5,423,567 5,710,340 5,638,210 Board of Selectmen Recommendation: FavorableAction Finance Committee Recommendation: Favorable Action FI NANCE COM M I TTEE EXPLANATI ON: The purpose of this article is to fund the Water Enterprise Fund. This fund is supported by water usage charges. The water rate i s set by the Board of Sel ectmen and i s establ i shed based on the total expenses of the department, i ncl udi ng debt servi ce, di rect and i ndi rect expenses, and the consumpti on of the water by the users. Indirect costs are associated with Division of Public Works supervision, General Government costs, and fringe benefits that are related to the operation of the enterprise and are expenses through the General Fund Appropriation. Water Enterprise capital improvement funding is included in the Town's Capital Improvement Plan. May 13, 2008 Page 25 Artide 12. Sewer Enterprise Fund Appropriation - Fiscal Year 2009. To see if the Town wi I I vote to appropri ate f rom Serer Enterpri se Fund Revenues, transf er f rom avai I abl e f unds or otherwise provide a sum or sums of money for the purpose of f undi ng the Seger Enterprise Fund f or the Fi scal Year begi nni ng Jul y 1, 2008 and endi ng June 30, 2009; Or to take any other acti on rel ati ve thereto. SEWER ENTERPRISE FY2009 Recommendation Town M anager Board of Selectmen FY 2008 Department Finance Budget Request Committee Personnel 3727928 4077272 4077272 Expense 2567477 2967400 2657000 G L SD Assessment 173207613 173737822 173737822 Settlement 567000 567000 567000 Debt Service 178717507 272297208 2,101,707 Sub-Total Direct Expenditures 378777525 473627702 472037801 Admi n/I ndi rect 2997238 3087215 3487894 Total Sewer Enterprise 4,176,763 4,670,917 4,552,695 Board of Selectmen Board of Selectmen Recommendation: FavorableAction Finance Committee Recommendation: Favorable Action FI NANCE COM M I TTEE EXPLANATI ON: The purpose of this article is to f and the Seger Enterprise Fund. This fund is supported by water usage charges. The serer rate i s set by the Board of Sel ectmen and i s establ i shed based on the total expenses of the department, i ncl udi ng debt servi ce, di rect and i ndi rect expenses, and the consumpti on of the water by the users. Indirect costs are associated with Division of Public Works supervision, General Government costs, and fringe benefits that are related to the operation of the enterprise and are expenses through the General Fund Appropriation. May 13, 2008 Page 26 Artide 13. Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2009. To see if the Town will vote to appropriate from Stevens Estate a t Osgood H i l l Enterprise Fund Revenues, transfer from avai I abl e f unds or otherwise provi de a sum or sums of money for the purpose o f funding the Stevens Estate at Osgood H i l l Enterprise Fund for the Fiscal Year begi nni ng July 1, 2008 and ending June 30, 2009; Or to takeany other action relative thereto. Board of Selectmen STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FY 2009 FY 2008 Department Recommendation Budget Request Town M anager Personnel 1867200 1457207 847000 Expense 2627409 2147600 1507203 Debt Service 0 0 0 Sub-Total Direct Expenditures 4487609 3597807 2347203 Admi n/I ndi rect 717391 737533 647176 Total Stevens Estate Enterprise 520,000 433,340 298,379 Board of Selectmen Recommendation: To Be M ade at Town M eeting Finance Committee Recommendation: To Be M ade at Town M eeting Fl NANCE COM M I TTEE EXPLANATI ON: The pri many purpose of the"Stevens Estate at Osgood H i I I Enterpri se" i s the preservati on of the Town's Osgood H i l l property by renting out the historic Stevens Estate as a conference center and reception hall. User charges collected from the use of the Estate pay al operational charges and all related Town overhead charges, and also pay for required maintenance and a modest amount of i mprovements each year. All money expended will come from current user charges or from previously accumulated revenues. The property has two important and distinct purposes: (1) preservation of open space and protection of our reservoir, on whose shores the property sits, and (2) preservation of an outstanding, historic, and useful structure. May 13, 2008 Page 27 Artide 14. Capital Improvement Plan Appropriation Fiscal Year 2009. 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 Capi tal Improvement Program as detai I ed below: Fiscal Year 2009 Cl P Recommendations Line Town M anager's # Proiect Description Recommendations 1 Si devral k Reconstruction $ 50,000 2 Roadway (Unaccepted) Improvements $ 495,000 3 Si devral k Construction $ 122,200 4 10 Wheel Dump Truck $ 158,000 5 Tractor $ 33,000 6 Tractor, Multi Purpose $ 141,000 7 Network Connection Upgrade $ 31,400 8 Student Management Software $ 150,000 9 Fi re Arms Replacement $ 54,000 10 Ref ocati on M ai n Street Fi re Stati on $ 400,000 11 Electronic EMS Reporting System $ 50,000 12 System Re-engineering $ 185,000 General Fund Total $ 1,869,600 13 Truck/Compressor $ 38,000 14 Pick up Truck $ 35,000 15 Water M ai n Rehab $ 550,000 16 Foxwood Booster Pumping $ 325,000 Water Enterprise Fund Total $ 948,000 17 East Side Trunk Seger $ 750,000 Sewer Enterprise Fund Total $ 750,000 Total -All Capital Pr 'ects $ 3,567,600 Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To Be M ade at Town M eeting Finance Committee Recommendation: To Be M ade at Town M eeting Planning Board Recommendation: To Be M ade at Town M eeting May 13, 2008 Page 28 FINANCE COMM I TTEE EXPLANATION: A capital improvement is a major, non-routine expenditure for nevi construction, major equipment purchase, or improvement to existing buildings, facilities, I and, or infrastructure, with an estimated useful Iifeof fiveyearsor more, and acost of $25,000 or more. Department supervisors submit a list of capital improvement requirements to the Town Manager i n order of pri on ty. The Town M anager appl i es a cri teri a f ormul a to al I i tems. The f ormul a combines and prioritizes requests from all departments. The Town Manager then recommends which items should be implemented in the current year. The Selectmen then revise, if desired, and approve the plan. The Finance Committee does the same. There is a possibility that the recommendations or amounts on this page may change before Town Meeting as additional information becomes available. If necessary, an update will be handed out at Town Meeting. May 13, 2008 Page 29 Article 15. Establishment of Revolving Funds To see if the Town wi I I vote to authorize the following revolving funds for certain Town departments under Massachusetts General Lags, Chapter 44, Section 53E '/for the Fiscal Year beginning July 1, 2008; Revdvin Fund Ac dount Account Authorized to FY 2009 Number Revolving Fund Spend Use of Funds Revenue Source Limit 1 2031213 Youth Services Assistant All programs and Participants'fees, $ 250,000 Revolving Town activities, expense, Grants,Donations M anager part ti me hel p and rel aced Fund- rai si ng proceeds 2 2031210 Field Director Field maintenance, Field rental fees, Maintenance Division of upgrade and related Grants,Donations $ 10,000 Public Works expenses and related Fund- rai si ng proceeds Parti ci pants'fees, 3 2031217 Elder Services Assistant Senior programs, Grants,Donations COA Revolving Town Manager d asses and and related Fund- $ 20,000 activities rai sing proceeds Cl i ni c parti ci pant 4. 2031211 Health Dept Director Clinic supplies and fees,Grants, Revolving Community other related Donations, and Development materials related Fund-raising $ 30,000 Division proceeds Director 5. 2031204 Wheel abrator Community Airquality Wheel abrator Host Planning Development monitoring Community $ 35,000 Division Agreement Director 6. 2031205 Wheel abrator Community To enforce Trash Wheel abrator Host PublicSafety Development Truck regulations Community $ 20,000 Division Agreement Director 7. 2031206 Wheel abrator Community Protection of health, Wheel abrator Host Health Development safety and monitoring Community $ 24,066 Division the air quality Agreement Director 8. 2031207 Health Dept Community Food Consultant Food Inspections Development fees and expenses Inspection Fees $ 20,000 Division related to program Director 9. 2031208 Health Dept Community Septic Consultant Inspection Fees $ 40,000 Septic Development fees and expenses Inspections Division related to program Director 10. NEW Stormwater Community Review,test and Review Fees $ 40,000 Bylaw Development inspect Stormwater Division reports Total: $ 489,066 May 13, 2008 Page 30 Re olvin Fund Ac dount'Recei rand Exkpoend itures Account Balance FY07 FY07 Balance Receipts Expenditures Number Revolving Fund 7/1/06 Receipts Expenditures 06/30/07 thru 3/17/08 thru 3/17/08 Balance 1. 2031213 Youth Services $ 266,020 $ 237,575 $ (226,711) $276,884 $ 59,246 $ (176,528) $ 159,603 Revol vi ng 2. 2031210 Field M ai ntenance $ 26,750 $ 200 $ (8,540) $ 18,411 $ 500 $ - $ 18,911 3. 2031217 Elder Services $ 1,938 $ 17,270 $ (15,013) $ 4,195 $ 8,894 $ (11,686) $ 1,403 COA Revolving 4. 2031211 Health Dept $ 11,162 $ 23,633 $ (29,342) $ 5,453 $ 24,202 $ (24,653) $ 5,001 Revol vi ng 5. 2031204 Wheel abrator $ 76,677 $ 25,000 $ (36,618) $65,059 $ 25,000 $ (13,775) $ 76,284 R anni ng 6. 2031205 Wheel abrator $ 71,183 $ 12,700 $ (13,851) $70,032 $ 14,240 $ (5,021) $ 79,251 Publ i c Safety 7. 2031206 Wheel abrator $ 48,890 $ - $ (4,295) $44,595 $ - $ (20,529) $ 24,066 Health 8. 2031207 Health Dept $ 40,498 $ 17,065 $ (571) $56,991 $ 19,990 $ (4,365) $ 72,616 Food Inspedions 9. 2031208 Health Dept $ 30,081 $ 25,950 $ (26,531) $29,500 $ 15,985 $ (11,148) $ 34,337 Septic Inspedions Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: FavorableAction Finance Committee Recommendation: To Be M ade at Town M eeting Fl NANCE COM M I TTEE EXPLANATI ON: Thi s arti d e seeks to reauthori ze several exi sti ng revol vi ng funds. U nder M assachusetts General Laws (excerpted bel ow), certai n revol vi ng funds are requi red to be annual I y reauthori zed by vote of Town M eeti ng. The authori zati on must i nd ude the purpose and programs for whi ch f unds may be spent, whi ch revenues wi I I be credi ted to the fund, who i s authori zed to expend fund money, and a I i mi t on the total expendi tures al I owed i n the year. May 13, 2008 Page 31 FINANCE COMMITTEE EXPLANATION: (Continued) Revolving Funds provide an effective means of accounting for expenses that are supported by fees and donati ons; i n other words, expenses that are "sel f-f unded". I n some cases, these Funds al I ow for the conti nuati on of servi ces that mi ght otherwi se become a casual ty of budget cutti ng by di recti ng revenues into these specific Funds instead of into the General Fund. It encourages Department Heads and i nterested ci ti zens to f i nd al ternate means of supporti ng an i ni ti ati ve. The Fi nance Commi ttee supports the use of Revol vi ng Funds for thei r i ntended purposes, as these are. MGL Chapter 44: Section 53E 1/2 Revolving funds ... a city or town may annually authorize the use of one or more revolving funds by one or more muni ci pal agency, board, department or off i ce whi ch shad I be accounted for separatel y from al I other moni es i n such ci ty or town and to whi ch shad I be credi ted onl y the departmental recei pts recei ved i n connection with the programs supported by such revolving fund. Expenditures may be made from such revolving fund without further appropriation, subject to the provisions of this section; provided, however, that expenditures shall not be made or liabilities incurred from any such revolving fund in excess of the bad ance of the fund nor i n excess of the total authori zed expendi tures f rom such fund, ... I nterest earned on any revol vi ng fund bad ance shad I be treated as general fund revenue of the ci ty or town. ... A revol vi ng fund establ i shed under the provi si ons of thi s secti on shad I be by vote of the annual town meeti ng i n a town, upon recommendati on of the board of sel ectmen, ... Such authori zati on shad I be made annually prior to each respective fiscal year; provided, however, that each authorization for a revolving fund shall specify: (1) the programs and purposes for which the revolving fund may be expended; (2) the departmental recei pts whi ch shad I be credi ted to the revol vi ng fund; (3) the board, department or officer authorized to expend from such fund; (4) a limit on the total amount which may be expended from such fund i n the ensui ng f scat year; ... I n any f i scal year the I i mi t on the amount that may be spent f rom a revol vi ng fund may be i ncreased ... wi th the approval of the sel ectmen and f nance commi ttee, i f any, i n a town; ... The board, department or officer having charge of such revolving fund shed report to the annual town meeting ... the total amount of recei pts and expenditures for each revolving fund under its control for the prior fiscal year and for the current fiscal year through December thirty-first, or such later date as the town meeti ng or ci ty counci I may, by vote determi ne, and the amount of any i ncreases i n spendi ng authori ty granted duri ng the pri or and current f scal years, together wi th such other i nformati on as the town meeti ng or ci ty counci I may by vote requi re. At the d ose of a f i scal year i n whi ch a revol vi ng fund i s not reauthori zed for the fol I owi ng year, or i n whi ch a ci ty or town changes the purposes for whi ch money i n a revol vi ng f and may be spent i n the fol I owi ng year, the bad ance i n the f and at the end of the f scal year shad I revert to surpl us revenue unl ess the annual town meeting ... vote to transfer such bad ance to another revol vi ng fund establ i shed under this section. http://www.stete.ma.usil egi sit atvsimgl/44-53e.5.htm May 13, 2008 Page 32 Artide 16. 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 Lags Chapter 4413, a sum of money to be spent under the direction of the Community Preservation Committee; List d Appropriations— Community Preservation Fund Description Amount Category OI d Pol i ce Court Ref urbi shment $917476 Historical Preservation Stevens Estate Restoration $307000 Historical Preservation Wi ndows(Phase 11) Former Greenery Property $173507000 Affordable Housing Neighborhood of Affordable H ousi ng (N OA H) to create 42 new eff ordabl e housi ng units Reserve for Open Space $2317200 Open Space Protection Reserve f or H i stori cal Preservati on $1097724 Historical Preservation Administrative Costs $57000 Administration Total Appropriations $1,817,400 Or to takeany other action relative thereto. Community Preservation Committee Board of Selectmen Recommendation: To Be M ade at Town M eeting Finance Committee Recommendation: To Be M ade at Town M eeting Planning Board Recommendation: To Be M ade at Town M eeting May 13, 2008 Page 33 FINANCE COMM I TTEE EXPLANATION: The Community Preservation Act (CPA) addresses community issues such as acquisition and preservation of open space, creation and support of affordable housing, acquisition and preservation of historic buildings and landscapes, and creation and support of recreational opportunities. The CPA was adopted at a Special Town Meeting in January 2001 and by the voters at the following Town Election in Mach of the same year. As adopted, it levies a 3% surcharge on property takes with two exemptions: $100,000 off of the value of every residential property, and a complete exemption on property owned and occupied by people who qualify for I ow-i ncome housi ng or I ow- or moderate-i ncome seni or housi ng. State matchi ng f unds are di sbursed each October f or the precedi ng f i scal year. The CPA was requi red to remai n i n eff ect f or at I east f i ve years, an obl i gati on that was met f rom FY'02 to FY'06. Surta<es must conti nue unti I al I debt has been reti red. The process for revoki ng or reduci ng the surcharge i s the same as that used for adopti on (Town M eeti ng fol I owed by Bat I of Election). The Community Preservation Committee (CPC) annually recommends how funds should be spent or set aside for future spending among the allowable categories of a) open space; b) hi stori c preservati on; c) aff ordabl a housi ng; and d) I and f or recreati onal use, wi th a m i ni mum of 10% requi red i n each of the f i rst three categori es. I n addi ti on, a maxi mum of 5% may be spent on administrative expenses by the CPC. Town Meeting may either approve or reduce the recommended expenditures, but cannot add to them. Artide 17. Continuation of M GL Chapter 59 Section 5K — Senior Work Program — nc cease Funding to $18,000. To see if the Town will vote to continue the provisions of Massachusetts General Lags Chapter 59 Section 5K — Senior Work Program for a total authorization of $18,000; Or to takeany other action relative thereto. Council on Agng Board of Selectmen Recommendation: FavorableAction Finance Committee Recommendation: Favorable Action May 13, 2008 Page 34 FINANCE COMM I TTEE EXPLANATION: The I avr referred to provi des i n substanti al part that: Chapter 59: Section 5K. Property tax liability reduced in exchange for volunteer services; persons over age 60 Section 5K. In any city or town which accepts the provisions of this section, the Board of Selectmen of a town ... may establ i sh a program to al I ow persons over the age of 60 to vol unteer to provi de servi ces to such ci ty or town. I n exchange f or such vol unteer servi ces, the ci ty or town shat I reduce the real property tax obl i gati ons of such person over the age of 60 on hi s tax bi I I s and any reduction so provided shall be in addition to any exemption or abatement to which any such person is otherwise entitled and no such person shall receive a rate of, or be credited with, more than the current minimum wage of the commonwealth per hour for services provided pursuant to such reduction nor shad I the reduction of the real property tax bi I I exceed $800 i n a gi ven tax year. ... Such ci ti es and towns shad I have the power to create I oval rut es and procedures f or i mpl ementi ng thi s secti on i n any way consi scent wi th the i ntent of thi s secti on. ... In July 2008, with the increase in the Commonwealth's minimum wage to $8.00, only sixteen seniors could be accommodated under the FY 2008 $13,000 limit. This Article would increase the amount to no more$800 per person per year. The proposed amount of $18,000 woul d al I ow a minimum of 22 seniors ($8.00/hour * 100 hours(year = $800/year * 22 people = $177600). Parti ci pants are selected by lottery if more than 20 apply. The program administrators may also choose to support more seniors at less than$800 each at thei r discretion. The funds to implement this Article do not come directly from the General Fund. They come from the Overlay, the money set aside each year from takes raised to pay for abatements, exemptions, and tax reductions. However, whi d e the f unds do not come directly from the General Fund, thi s Arti cl e does have the same overall effect as taking this money from the General Fund si nce al I money I of t over i n the Overt ay i s eventual I y returned to the General Fund as surpl us. Artide 18. Appropriate Fundsfor 4t" of July Fireworks Display for 2008. To see if the Town will vote to raise and appropriate $9,400 for the Town of North Andover's 4t" of July f i revrorks di spl ay f or cad endar year 2008; Or to take any other acti on red ati ve thereto. Board of Selectmen Board of Selectmen Recommendation: To Be M ade at Town M eeting Finance Committee Recommendation: To Be M ade at Town M eeting May 13, 2008 Page 35 FINANCE COMM I TTEE EXPLANATION: The Town of North Andover has a long tradition of holding an annual 4th of July firevrorks show. Prior to a couple of years ago, the expenses for this show were enti rely born by the town. For the I ast coupl e of years, due to budget constrai nts, the f undi ng has been enti rel y red sad by private contri buti on. A rti cl e 18 seeks to restore town f undi ng of the f i reNorks di spl ay. Artide 19. Appropriation and Transfer of Funds to Purchase the Former Merrimack Valley Federal Credit Union Building Located at 1475 Oscpod Street and Renovate the Building for Use as a Poll ice Station. To see if the Town w I I 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 acqui re the former M erri mack V al I ey Federal Credi t U ni on bui I di ng and I and I ocated at 1475 Osgood Street, and to authori ze the Board of Sel ectmen to acqui re sai d bui I di ng and I and by gift, purchase, or emi nent domed n, on terms and condi ti ons that the Board of Selectmen deems to be in the best interests of the Town, and renovate the building including design, engineering, construction, furniture, equipment and any related costs for use as a pol ice station, and furthermore, To see if the Town wil l vote to amend the vote taken on Article 22 —Appropriation of Funds— Town Owned Buildings into Neer Police Station taken at the Dissolved Annual Town Meeting for the Town of North Andover held on May 14, 15,21, 2007 and June 4, 2007 to read as follows. "Voted that $903,288 is appropriated for the purpose of rehabilitating a Town owned building or acqui ri ng and rehabi I i tati ng a non-town owned bui I di ng i nto a N edv Pot i ce Stati on, and any costs i nci dental or rel aced thereto; that to meet thi s appropri ati on $903,288 shad I be transf erred f rom the following projects in the amounts set forth below, said sums representing excess bond proceeds not needed for the completion of the respective project: Amount Project Date✓ArticleNumber Date of Bonds $ 60,000 Fi re& Pol i ce Stat i on PI anni ng May 11, 1998 (Article 34) Sept. 1, 1998 $265,262 Police Station Renovation May 14, 2001 (Art i cl e 8#7) A pri 1 1, 2002 $578,026 N edv Police Station Design M ay 13, 2002 (A rt i cl e 11 #12) July 1, 2005 And the Vote of the Town passed June 5, 2006 under Article 24 of the warrant for the 2006 Annual Town Meeting is hereby amended such that the purpose of the borrowing authorized pursuant to Item 5 of Article 24 i s changed to the f of l owing: May 13, 2008 Page 36 "Rehabi I i tati ng a Town owned bui I di ng or acqui ri ng and rehabi I i tati ng a non-town owned bui I di ng i nto a New Pot i ce Stati on"; that the Vote of the Town passed June 5, 2006 under Arti cl e 24 of the warrant for the 2006 Annual Town M eeti ng i s otherwi se conf i rmed as so passed; and that the Board of Selectmen is authorized to take any other action necessary to carry out this proj ect; To see if the Town will vote that no funds may be spent until the School Committee votes pursuant to Massachusetts General Laws Chapter 40 Section 15A that the property is no longer needed for school purposes; and in addition; To transfer the care, custody and control of the land and building where the current Police Station is located at 566 Mai n Street to the Board of Selectmen for purposes of sell I i ng such land and building and to authorize such sale, with or without conditions regarding the use of the land and bui I di ng, and to f urther appropri ate$650,000 red sed f rom the sal a of the I and and bui I di ngs to be used f or acqui ri ng and rehabi I i tati ng a non-town owned bui I di ng i nto a pol i ce stati on; Or to taken any other action rel ati ve thereto. Board of Selectmen Board of Selectmen Recommendation: FavorableAction Finance Committee Recommendation: To Be M ade at Town M eeting Planning Board Recommendation: To Be M ade at Town M eeting Fl NANCE COM M I TTEE EXPLANATI ON: Article 19 seeks to pull together the funding necessary to acquire and renovate the former Merrimack Valley Credit Union building into a Police Station. This building and location represent an alternative to converting the former Bradstreet School into a Police Station. To accompl i sh thi s al ternati ve, thi s arti cl a seeks to: To rai se and appropri ate, transf er f rom avai I abl e f unds or borrow the sums of money necessary to acqui re and renovate the f ormer M erri mack Val I ey Credi t U ni on bui I di ng; To amend Arti cl e 24 voted on at the 2006 Annual Town M eeti ng and Arti cl e 22 voted on at the 2007 Annual Town Meeting for the purpose of expanding those Articles to permit the use of f unds to be expanded to include"acquiring and rehabilitating a non-town owned building"; Set I the I and and bui I di ng where the current pol i ce stati on i s I ocated and appropri ate those f unds f or use towards the acqui si ti on and rehabi I i tati on of the f ormer M erri mack V all I ey Credi t U ni on bui I di ng. May 13, 2008 Page 37 Artide 20. Amend Artide 22 — 2007 Annual Town Meeting - Appropriation of Funds— Town Owned Buildings into New Police Station. To see if the Town will vote to amend the vote taken on Article 22 — Appropriation of Funds— Town Owned Buildings into Neer Police Station taken at the Dissolved Annual Town Meeting for the Town of North Andover held on M ay 14, 15,21, 2007 and June 4, 2007 to read as f of I ows: Voted that $903,288 is appropriated for the purpose of rehabilitating a Town owned building or acqui ri ng and rehabi I i tati ng a non-town owned bui I di ng i nto a N edv Pot i ce Stati on, and any costs i nci dental or rel ated thereto; that to meet thi s appropri ati on $903,288 shad I be transf erred f rom the following projects in the amounts set forth below, said sums representing excess bond proceeds not needed for the completion of the respective project: Amount Proiect DatelArtide Number Date of Bonds $ 607000 Fire& Pol ice Station Planning May 11, 1998 (Article 34) September 1,1998 $2657262 Pot ice Stat ion Renovat ion May 14, 2001 (Art i col e 8#7) April 1, 2002 $5787026 N edv Pot ice Stat ion D esi gn M ay 13, 2002 (A rt i cl e 11 #12) July 1, 2005 And the Vote of the Town passed June 5, 2006 under Article 24 of the warrant for the 2006 Annual Town Meeting is hereby amended such that the purpose of the borrowing authorized pursuant to Item 5 of A rti col e 24 i s changed to the f of I owing: "Rehabi I i tati ng a Town owned bui I di ng or acqui ri ng and rehabi I i tati ng a non-town owned bui I di ng i n a New Pot i ce Stati on"; that the Vote of the Town passed June 5, 2006 under Arti col e 24 of the warrant for the 2006 Annual Town M eeti ng i s otherwi se conf i rmed as so passed; and that the Board of Selectmen is authorized to take any other action necessary to carry out this project and no funds may be spent until the School Committee votes pursuant to Massachusetts General Laws Chapter 40 Secti on 15A that the property i s no I onger needed f or school purposes; and in addition; To transfer the care, custody and control of the I and and bui I di ng where the current Pot i ce Station is located at 566 Mai n Street to the Board of Selectmen for purposes of set I i ng such land and building and to authorize such sale, with or without conditions regarding the use of the land and bui I di ng, and to f urther appropri ate$650,000 red sed f rom the sal a of the I and and bui I di ngs to be used f or acqui ri ng and rehabi I i tati ng a non-town owned bui I di ng i nto a pod i ce stati on; Or to taken any other action redativethereto. Petition of M ark H. Reesand others Board of Selectmen Recommendation: Unfavorable Action Finance Committee Recommendation: To Be M ade at Town M eeting May 13, 2008 Page 38 Artide 21. Bradstreet School — 70 M ain Street — Conversion to Police Station. To see if the Town will vote to transfer the care, custody and control of the land and buildings at the Bradstreet School at 70 Main Street to the Board of Selectmen for the purposes of a Police Station and to fund the design, engineering, construction furniture, equipment and any related costs associated with the renovation of the Bradstreet School into a police station, the Board of Selectmen, and other town boards or officials as provided for in this article or state law, be authorized to: A) Borrow and appropriate under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary for the restoration of the Bradstreet School for use as a police station; B) Transfer unexpended funds in capital project accounts for the restoration of the Bradstreet School for use a pol ice station; C) Raise, borrow and appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws, Chapter 44B, a sum of money to be spent under the direction of Community Preservation Committee for the restoration of the Bradstreet School for use as a pol ice station; D) Transf er the care, custody and control of the I and and bui I di ng where the current Pol i ce Station is located at 566 Mai n Street to the Board of Selectmen for purposes of set I i ng such land and building and to authorize such sale, with or without conditions regarding the use of the land and bui I di ng, and to f urther appropri ate$650,000 red sed f rom the sal a of the I and and bui I di ngs to be used for the restoration of the Bradstreet School for use as a pol ice station; Or to take any acti on rel ati ve thereto. Board of Selectmen Board of Selectmen Recommendation: To Be M ade at Town M eeting Finance Committee Recommendation: To Be M ade at Town M eeting FI NANCE COM M I TTEE EXPLANATI ON: This article seeks Town Meeting approval to continue the conversion of the Bradstreet School i nto the Town's Pot i ce Stati on. The proj ect wi I I be f unded f rom a number of sources namely: 1. Proceeds f rom B and Sal e $ 478337000 2. Community Preservation Funds 274007000 3. Proceeds f rom sal e of I and current 6507000 Pot ice Station 4. Recaptured (unexpended) funds from 1377000 Town Meeting 2007 Article 22 $8,020,000 May 13, 2008 Page 39 Artide 22. Authorize Borrowing of Funds for the Construction of a School Facility — Route 125/133—Adjacent to Atkinson School and M iddle School. To see if the Town wi I I vote to raj se and appropri ate, transfer f rom avai I abl e f unds, or borrow under the provi si ons of Massachusetts General Lags, Chapter 44, the sums of money to be spent under the di recti on of the School Building Committee necessary for the design, engineering, construction, furnishing equi ppi ng and any rel ated costs of a school f aci I i ty to be I ocated on town owned I and on Route 125/133 Chi ckeri ng Road adjacent to Atkinson Elementary School and the North Andover Middle School, including, but not limited to, the following sources of funds; general fund borrowing, unexpended funds in the Foster Farm School capital project account and f unds f rom the Osgood Landi ng 40R state grant; Or to take any action relative thereto. Board of Selectmen Board of Selectmen Recommendation: FavorableAction Finance Committee Recommendation: To Be M ade at Town M eeting FI NANCE COM M I TTEE EXPLANATI ON: Article 22 seeks the approval of Town Meeting to construct a pre-kindergarten school facility. As mentioned in the article a source of funding is in the unexpended balance of Article 14 of the May 2003 Town Meeting-Foster Farm School. Massachusetts General Lair Chapter 44 Section 20 in part sets forth the use of unexpended bond proceeds as f of I ows- -----------I f a I oan has been i ssued f or a speci f i c purpose but the proj ect f or which loan was authorized has not been completed and no liability remains outstanding and unpaid on account thereof, a city by a two-thirds vote of all of the members of the city council, or a town or district by a two thi rds vote of the voters present and voting thereon at an annual town or di stri ct meeti ng, may vote to abandon or di sconti nue the proj ect and the unexpended proceeds of the I oan may therefore be appropri ated f or any purpose for whi ch a I oan may be authori zed f or an equal or I onger peri od of ti me than that f or whi ch the on gi nal I oan, i ncl udi ng temporary debt was issued. Artide 23. Acceptance of Massachusetts General Laws Chapter 71, Section 37M- Consolidation of Administrative Functions To see if the Town will vote accept the provisions of Massachusetts General Laws, Chapter 71, Section 37M, "Consolidation of administrative functions with city or town" and to authorize the consolidation of all or some of the f of lowing functions purchasing, payroll, information technology and facility management; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: FavorableAction Finance Committee Recommendation: FavorableAction May 13, 2008 Page 40 FINANCE COMM I TTEE EXPLANATION: Article 23 asks Town Meeting to accept Massachusetts General L afr Chapter 71 Section 37M which allows the Town's school department to consolidate admi ni srati on functions with the Town's municipal operations. In this event, consolidation of the facilities management and maintenance functions would potentially al I ow unification of functions such a payroll, purchasing, information technology and facilities maintenance (capital projects, building maintenance and custodial services). Until an organization structure and budget are agreed upon, the finance committee cannot evaluate the potential savings or costs of this consolidation. However, we see approval of this article as an opportunity for the Town to develop a more consi scent purchasi ng, payrol 1, i t and f aci I i ti es mai ntenance program as wet I as potenti al I y f i nd sav i ngs through operat i ng of f i ci enci es and econom i es of scal e. Artide 24. Petition the Lecislature—Special Act to Exempt the Town of North Andover from Portions of Prevailing Wage Act. To see if the Town wi I I vote authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to exempt the Town of North Andover from the provisions of Massachusetts General Lags Chapter 149, Sections 26 through 27G, the Prevailing Wage L avr, so called, for projects estimated to cost $50,000 or I ess, Or to take any action relative thereto. Board of Selectmen Board of Selectmen Recommendation: FavorableAction Finance Committee Recommendation: Favorable Action FI NANCE COM M I TTEE EXPLANATI ON: Public construction projects in Massachusetts, which require expenditures in excess of $2,000 are subject to the Prevailing Wage L avr. This I avr requires that all workers involved in any publ i c proj ect be pai d no I ess then the prevai I i ng wage. I n M assachusetts thi s i s the average rate set by collective bargaining agreements (for each category of labor) in the state. It is worth noting that in 1988, a state referendum to repeal thi s I avr was narrowl y defeated. The sponsors of this article, the Selectmen, would like to increase the threshold where the prevailing wage is required from $2,000 to $50,000. It is felt that this would enable the town to save money by i ncl udi ng contractors who woul d be wi I I i ng to work f or I ess then the prevai I i ng wage and thus increase competitive bidding for various projects and lower costs. On the other hand, this might make it more di ff i cul t for certain contractors(union shops) to compete. Because of the ex sti ng prevai I i ng wage I avr, the adopti on of thi s arti cl e wi I I requi re a speci al act by the state legislature to exempt North Andover from the current I avr's$2,000 threshold. This is known as a home rule petition. This article seeks town meeting authorization to petition the state I egi sl ature f or a home rul e act that woul d i ncrease the threshol d. May 13, 2008 Page 41 Artide 25. Enforcement of General and Zoning Bylaws To see if the Town will vote to enforce and uphold the general and zoning bylaws of the Town of North Andover, as previously approved by citizen vote and the State Attorney General, and that the Town will be compelled to follow the official protocol for issuing a variance or special permit through the zoning board of appeals whenever an application does not meet the requirements of the exi sti ng bylaw. At any time that the Town does not enforce such bylaw, a definitive legal opinion by special town counsel must be presented to the citizens at Town meeting, explaining why a particular by I aw is not legally enforceable or was chosen not to be defended in court. Subj ect to this provision, the Town wi I I be requi red to bring forth the necessary amendments that wi l I remove any proven i I I egal i ty f rom the byl aw. Any town off i ci al shown to have vi of aced the requirements of the bylaw without demonstrated legal standing, shall be removed from his/her position asapermit granting authority; Or to take any action relative thereto. Petition of Steven R. Tryder and others Board of Selectmen Recommendation: Unfavorable Action Finance Committee Recommendation: To Be M ade at Town M eeting Planning Board Recommendation: To Be M ade at Town M eeting Artide 26. Enforcement of Wireless Service Facilities Zoning Bylaw-Section 8.9.3 c v 1 . To see if the Town wi I I vote to enf orce Wi rel ess Servi ce Faci I i ti es Secti on 8.9.3 (c)(v) (1) of the Zoni ng Byl aw of the Town of N orth Andover, whi ch states i n part: "A minimum setback of 600 feet shall be required for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for, or contain, residential and or educational usesof any types" If the Town approves the enforcement of the Wireless Service Facilities Section 8.9.3 (c)(v) (1) of the Zoning Bylaw of the Town of North Andover, the Zoning Board of Appealswill hold a public hearing for the Site Plan Review Special Permit that is required under the of orementi oned byl aw to al I ow Omni poi nt Communi cati ons, I nc. to operate a wi rel ess f aci I i ty within the church spire at First Calvary Baptist Church, 586 Massachusetts Avenue and for SPRINT to renew an expired special permit at 300 Chestnut Street. Both sitesfalI within the scope of resident i al and/or educat i onal use; Or to take any acti on rel ati ve thereto. Petition of M ichael Dyer and others Board of Selectmen Recommendation: To Be M ade at Town M eeting Planning Board Recommendation: To Be M ade at Town M eeting May 13, 2008 Page 42 Artide 27. Amend General Bylaws-Add New Section - Chapter 92 - Eminent Domain. To see if the Town will voteto amend it's General Bylavvs by adding a near section, Chapter 92, Eminent Domed n: The authority of the Town of North Andover and its agencies of local government, as reserved to localities under Chapter 79 of Massachusetts General Law, to seize privately owned parcels aged nst the expressed wi I I of the owner through the use of emi nest domed n procedures, shad 1, i n I i ght of the Kel o vs. New London U.S. Supreme Court deci si on, be speci f i cal I y f urther I i m i ted as follows. 1.) To only those proposed taking actions incorporating the transfer of a private parcel(s) to the Town of North Andover or any of its authorized agencies of local government, and under no circumstances to another private party, and; 2.) To only those proposed taking actions whose purpose is the creation of a facility for actual publ i c use and ownershi p to i ncl ude publ i c open spaces, parks, and watershed protecti on di stri cts and never for the purposes of economic development or the enhancement of the Iocal tax base. Nothing in this bylaw shall limit the authority of the Town of North Andover or its authorized agencies of local government to seize property that is endangering the health and safety of its residents or which could otherwise be seized or foreclosed upon for tax delinquency in accordancewith the provisions of Chapter 60 of Massachusetts General Law; Or to take any other action relative thereto. Petition of Edwin P. Tripp I I I and others Board of Selectmen Recommendation: FavorableAction Finance Committee Recommendation: Unfavorable Action Planning Board Recommendation: To Be M ade at Town M eeting Artide 28. Amend General Bylaws— Chapter 17 — Section 17-9-RevenuefFixed Costs Review Committee. To see if the Town will vote to amend it's General Bylaws by adding additional language at the end of Section 17-9 of Chapter 17, such Section entitled Revenue/Fixed Costs Review Committee: The Commi ttee or i is desi gnees shed 1, i n addi ti on to i is above duti es, annual I y prepare a f i ve year, non-binding financial forecasting plan which projects revenues, revenue sources and expenditures for the f i ve years next ensuing. The forecast shad I i ncl ude al l el ements of revenue, operating expense and debt service. The f i nanci al forecasting plan shall be comp)eted no 1 ater than Mach 1st and a report issued no later than March 15th. The report shall be shared with the Finance Committee, the Board of Selectmen, the School Commi ttee and the publ i c. The Committee shed update the forecasting plan as deemed necessary, but in no event less than once every six months. May 13, 2008 Page 43 The most recent financial forecasting plan shall be included in the report by the Finance Committee prepared for an annual or special town meeting. The report shall be published in the Annual Town Report and on the Town's Internet site, and in any other media as the Committee may so designate, Or to take any other action rel at i ve thereto. Petition of Edwin P. Tripp I I I and others Board of Selectmen Recommendation: To Be M ade at Town M eeting Finance Committee Recommendation: Unfavorable Action Fl NANCE COM M I TTEE EXPLANATI ON: Based on a Petition of the Finance Committee, Chapter 17 of the North Andover Bylaws was amended at the2004 Annual Town Meeting to create a Revenue/Fixed Costs Review Committee to advi se the Town M anager pri or to the compi I ati on of the Town M anager's Recommended Budget on revenue, other financial sources and fixed cost projections for the town operating budgets. The Committee presently consists of two finance committee members, the School Superi ntendent, and the Town Accountant/Fi nance D i rector. The Town M anager al so serves as an ex-off i ci o member of the committee. Per the Finance Committee Explanation in the 2004 warrant, the purpose of the Committee was threefold: 1. Provide more ti mely estimates of key budget components. 2. Prov i de i nput f rom a I arger number of Town off i ci al s. 3. Provide Town officials and department managers with an earlier and clearer understanding of overall budget parameters. Also per the Amendment that created this Committee, their work must be completed very early i n the budget process(within 45 days of first meeting, which begi ns wi thi n 30 days of the Board of Selectmen's Annual Budget Policy Statement). Presently, this rapid conclusion allows the Town Accountant/Finance Director, Town Manager and School Superintendent to return their focus to the annual capital, enterprise and operating expense budgetswith, as intended, a clearer understanding of the overall budget parameters. This Article seeks to significantly expand the duration and duties of this narrowly focused committee. Presently, this committee's duty is to assure that the present year's annual budget process begi ns wi th a reasonable estimate of revenues, debt service and some very specifi c fixed expenses. The committee does not address any other Capital, Enterprise, or Operating expenses. The work of this committee is done by the Town Accountant/Finance Director, with input, review and oversight of the other members. This Article seeks the preparation of a five year financial forecasting plan, updated at least once every six months to include all elements of revenue, operating expense and debt service. May 13, 2008 Page 44 Artide 29. Acceptance of Foulds Terrace as a Public Way. To see if the Town wi I I vote to accept Foul ds Terrace as a public way and authorize the Board of Selectmen to acquire by eminent domain, gift, purchaseor otherwiseany fee, easement or other interest in land known as Foul ds Terrace as shown on a pl an enti tl ed "L ayout PI an of Foul ds Terrace L ocated i n N orth Andover, MA, Prepared for the Town of North Andover, MA, Scale 1" = 40', Date 2/08/08, Christiansen & Sergi, Haverhill, MA, and on file in the Office of the Town Clerk, to which plan reference may be made for a more particular description, and to avrard no damages for said taki ng or payment f or sai d acqui si ti on; Or to take any other action rel ati ve thereto. Board of Selectmen Board of Selectmen Recommendation: To Be M ade at Town M eeting Finance Committee Recommendation: To Be M ade at Town M eeting FI NANCE COM M I TTEE EXPLANATI ON: Warrant Articles 29 & 30 provide for the `acceptance' by the Town of certain roadways Warrant Article 30 also providesfor the`acquisition' by the Town of certain roadways These warrant articles provide for the`acceptance' by the Town of certai n roadways. n general, nevr roads are frequently created by a developer bui I di ng a subdivision. Those private roads that meet Town standards can be`accepted' by the Town f rom the devel oper. At that poi nt, the road moves from private ownership to Town ownership. The process of road acceptance i ncl udes numerous physi cal and I egal requi rements and i nspecti ons. Once al I those requi rements are met, Town M eeti ng may vote to accept the road f or the Town under M GLA, Ch. 82, sec. 23. No appropri ati on of Town f unds i s requi red f or the`acceptance' anti cl es, however bef ore certai n pri vale ways may be accepted the Town must al I ocate f unds to bri ng any noncompl i ant roadways up to compliance with road construction codes. If the Town does not allocate funds to bring the roads up to code they cannot be accepted. While 'acceptance' articles apply to those roadways still under the control of a developer, `acquisition' articles apply to those roadways where the original developer is long gone. For these roadways, the current owner is generally a shell corporation—with no forwarding address. The roadway acquisition articles represent the finishing process of the Unaccepted Roadways Improvement Program ("U RI P"). The U RI P prioritizes 'private' roadways, then reconstructs, repaves, installs drainage, etc. in order to meet Town standards. The Town funds the U RI P through the Capital Improvements Program. The onl y practi cal way, accordi ng to Town Counsel, to`acqui re' roadways i s through an emi nent domed n taki ng. The chances of the on gi nal devel oper-corporati on demandi ng compensati on are remote (the developer-corporation is currently liable I egal I y for the roadway). As such, no additional appropriation of Town funds is required for `acquisition' articles. May 13, 2008 Page 45 FINANCE COMMITTEE EXPLANATION: (Continued) Once `accepted' or `acquired', the roadway becomes `public' (i.e., Town-owned), and State funds (M GLA, Ch. 90) may be used for paving, repairs, etc. Since State `Chapter 90 Highway Grants' are based on the number of m i I es of town roads, each road `accepted' or `acqui red' adds to the Town's share of State ai d received. Artide 30. Taking of Autran Avenue for a Public Way. To see if the Town will vote to authorize the Board of Selectmen to acquire by eminent domain, gift, purchase or otherwise any f ee, easement or other i nterest i n I and known as Autran Avenue for purposes of a publ i c way, and for any other municipal purpose, as shown on a pl an of land entitled"Street Acceptance Plan located in North Andover, prepared for Autran Avenue, scale 1" = 60', dated 1/7/05, prepared by Christiansen & Sergi, Haverhill, MA, and on file in the Office of the Town Clerk, to which plan reference may be made for a more particular description, and to award no damages for said taki ng, or payment f or sai d acqui si ti on; Or to take any other action relativethereto. Board of Selectmen Board of Selectmen Recommendation: To Be M ade at Town M eeting Finance Committee Recommendation: Unfavorable Action Planning Board Recommendation: To Be M ade at Town M eeting Artide 31. Establishment of Excavation & Trench Safety Board. To see if the Town will, pursuant to Massachusetts General Lags Chapter 82A, Section 2, vote to designate the Board of Selectmen to determine the Board or Officer to issue permits for the purpose of creating a trench as that term i s def i ned by M assachusetts General L airs Chapter 82A, Secti on 4 and 520 CM R 14.00 and vote that the Board of Selectmen shall have the authority to establish fees for the issuance of such perm its, Or to take any other action related thereto. Board of Selectmen Board of Selectmen Recommendation: FavorableAction FINANCE COMMITTEE EXPLANATION: Massachusetts General Law Chapter 82A Section 2 requires that each city or town in the Commonwealth of Massachusetts designate one (1) board or officer to issue permits for the excavation of trenches on both private land and within public way. This regulation goes hand in hand with other lags and regulations such as Dig Safe for the protection of workers and the general publ i c as a resul t of construction excavation. May 13, 2008 Page 46 Artide 32. Amend Vote Article 42-1997 Annual Town Meeting Removal of Development Restr i cti ons on M ap 62, Parcels 18, 9, and 64. To see if the Town will vote to amend Article 42 Conservation Restriction — Town Farm approved at the May 13, 1997 Annual Town M eeti ng to al I ow f or the constructi on of athl eti c f i el ds on Assessors M ap #64, Parcel s 9, 18, 20 & 64 and if necessary to effect this change, to authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts for appropriate legislative relief; Or take any action relative thereto. Board of Selectmen Board of Selectmen Recommendation: FavorableAction Planning Board Recommendation: To Be M ade at Town M eeting Artide 33. Amend North Andover General Bylaws; New Chapter, Chapter 160, Stormwater M anagement & Erosion Control Bylaw. To see if the Town wi I I vote to amend the Town of North Andover General Bylaws by adding a new Chapter, Chapter 160, Stormwater Management & Erosion Control Bylaw. Chapter 160 to read asfollows Chapter 160 Stormwater Management & Erosion Control Bylaw 160-1. Purpose A. Increased volumes of stormwater, contaminated stormwater runoff from impervious surf aces, and soi I erosi on and sedi mentati on are mej or causes of 1. impairment of water quality in lakes, ponds, streams, rivers, wetlands and groundwater. 2. decreased f I ow in lakes, ponds, streams, rivers, wetlands and groundwater; 3. contam i nati on of dri nki ng water suppl i es; 4. erosion of stream channels; 5. alteration or destruction of aquatic and wildlife habitat; 6. f I oodi ng; and, 7. overloading or clogging of municipal and private catch basins and storm drainage systems, and 8. f I oodi ng and erosi on on abutti ng properti es. The United States Environmental Protection Agency has identified sedimentation from land disturbance activities and polluted stormwater runoff from land development and redevelopment as major sources of water pollution, impacting drinking water supplies, natural habitats, and recreational resources. Regulation of activities that result in the disturbance of land and the creation of stormwater runoff is necessary for the protection of the Town of North Andover water bodies and groundwater resources, to safeguard the health, safety, and welf are of the general public and protect the natural resources of the Town. May 13, 2008 Page 47 B. The obj ecti ves of this Bylafr are to: 1. Protect water resources, 2. Requi re practi ces that el i mi nate soi I erosi on and sedi mentati on; 3. Control the volume and rate of stormwater runoff resulting from land disturbance activities in order to minimize potential impactsof flooding; 4. Require practices to manage and treat stormwater runoff generated from near development and redevelopment; 5. Protect groundwater and surface water from degradation or depletion; 6. Promote i of i I trati on and the recharge of groundwater; 7. Prevent pot I utants f rom enteri ng the muni ci pal and private storm drai n system; 8. Prevent flooding and erosion to abutting properties. 9. Ensure that soil erosion and sedimentation control measures and stormwater runoff management practices are incorporated into the site planning and design process and are i mpl emented and mai ntai ned; 10. Ensure adequate long-term operation and maintenance of stormwater best management practices; 11. Require practices to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at construction sites that may cause adverse i mpacts to water qual i ty; 12. Comply with state and federal statutes and regulations relating to stormwater di scharges, and 13. Establish the legal authority of the Town of North Andover to ensure compliance with the provisions of this Bylafr through inspection, monitoring and enforcement. 160-2 Definitions ABUTTER: Theowner(s) of land abutting the land disturbance site. AGRICULTURE: The normal mai ntenance or improvement of land in agricultural or aquacul tural use, as def i ned by the Massachusetts Wetlands Protection Act (M.G.L. c. 131 §40) and i is i mpl ementi ng regul ati ons(310 CM R 10.00). ALTERATION OF DRAINAGE CHARACTERISTICS: Any activity on an area of land that changes the water quality, or the force, quantity, direction, timing or location of runoff f I owi ng f rom the area. Such changes i ncl ude, but are not I i mi ted to: change f rom di stri buted runoff to conf i ned, concentrated di scharge, change i n the vol ume of runoff f rom the area, change i n the peak rate of runoff f rom the area, and change i n the recharge to groundwater on the area APPLI CANT: Shed be the owner of record of al I of the land shown on any plan submitted for approval to the Stormwater Committee in accordance with the Stormwater Management Byl avr and Regul ati ons, any person or persons acti ng on behalf of the appl i cant f or purposes of preparing and submitting plans and documents to the Stormwater Committee, and may include engineers, surveyors, contractors or attorneys, and may also include any person or persons having an equitable interest in the land under an agreement or option to purchase the land. The owner shall certify in writing the identity of each applicant who is authorized to submit plans and/or documents and act on behalf of the owner. Without such certification an May 13, 2008 Page 48 applicant shad I not act on behalf of the owner. The applicant shal I submit the title reference or references from the Essex County Registry of Deeds indicating the owner of record. All applications shall i ncl ude on gi nal signatures of all owners. AUTHORIZED ENFORCEMENT AGENCY: The Stormwater Committee and its empl oyees or agents who wi I I be i n charge of enforci ng the requi rements of thi s byl aw. BEST MANAGEMENT PRACTICE (BM P): An activity, procedure, restraint, or structural i mprovement that het ps to reduce the quantity or i mprove the quad i ty of stormwater runoff. CONSTRUCTION AND WASTE MATERIALS: Excess or discarded building or construction site materials that may adversely impact water quality, including but not limited to concrete truck washout, chem i cad s, I i tter and sani tary waste. CLEARING: Any activity that removes the vegetative surface cover and/or organic layer. Clearing activities generally include grubbing activity as defined below. DESIGN CRITERIA: Engineering design criteria as contained in the Stormwater Regul ati ons authori zed under thi s byl aw. DETENTI ON: The temporary storage of storm runoff; used to control the peak discharge rates, and whi ch provi des settl i ng of pot I utants. DEVELOPMENT: The modification of land to accommodate a near use or expansion of use, usual I y i nvol vi ng constructi on. DISTURBANCE OF LAND: Any action, including clearing and grubbing, that causes a change in the position, location, or arrangement of soi I, sand, rock, gravel, or similar earth materi al. ENVIRONMENTAL SITE MONITOR: A Professional Engineer, or other trained professional selected by the Stormwater Committee and retained by the holder of a Land Disturbance Permit to periodically inspect the work and report to the Stormwater Committee. EROSION: The wearing away of the land surface by natural or artificial forces such as wind, water, ice, gravity, or vehi cl e traff i c and the subsequent detachment and transportation of soil particles. ESTIMATED HABITAT OF RARE WILDLIFE AND CERTIFIED VERNAL POOLS: Habitats delineated for state-protected rare wildlife and certified vernal pools for use with the Wetlands Protection Act Regulations (310 CM 10.00) and the Forest Cutting Practices Act Regul ati ons(304 CM 11.00). GRADI NG: Changing the level or shape of the ground surface. G RU BBI N G: The act of cl eari ng I and surf ace by di ggi ng up roots and stumps. M PERVIOUS SURFACE: Any material or structure on or above the ground that limits water i of i I trati ng the under)yi ng soi 1. 1 mpervi ous surf ace i ncl udes wi thout I i m i tati on: roads, paved parki ng I ots, si devral ks, sports courts and rooftops. I mpervi ous surface al so i ncl udes May 13, 2008 Page 49 soils, gravel driveways, and similar surfaces with a runoff coefficient (Rational Method) greater than 85. LAND-DISTURBING ACTIVITY or LAND DISTURBANCE: Any activity, including clearing and grubbing, that causes a change in the position or location of soi I, sand, rock, gravel, or si mi I ar earth materi al. LAND-DI STURBANCE PERM I T: A permit issued by the Stormwater Committee. LOT: An area of I and i n one ownershi p, wi th def i ni to boundari es, used, or avai I abl e f or use, as the site of one or more bui I di ngs MASSACHUSETTS ENDANGERED SPECIES ACT: (M.G.L. c. 131A) and its implementing regulations at (321 CM R 10.00) which prohibit the"taking" of any rare plant or ani mat sped es I i sted as Endangered, Threatened, or of Sped al Concern. M ASSACH USETTS STORM WATER M ANAGEM ENT POLI CY: The Pot icy issued by the Department of Envi ronmental Protecti on, as amended, that coordi nates the requi rements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act Massachusetts General Laws Chapter 131 Section 40 and the Massachusetts Clean Waters Act Massachusetts General Laws Chapter 21, Section. 23-56. The Policy addresses stormwater impacts through implementation of performance standards to reduce or prevent pollutants from reaching water bodies and control the quantity of runoff from a site. MUNICIPAL STORM DRAIN SYSTEM or MUNICIPAL SEPARATE STORM SEWER SYSTEM (M S4): The system of conveyances designed or used for collecting or conveyi ng stormwater, i ncl udi ng any road wi th a drai nage system, street, gutter, curb, i nl et, piped storm drain, pumping facility, retention or detention basin, natural or manmade or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drai nage system owned or operated by the Town of North Andover. OPERATION AND MAINTENANCE PLAN: A plan developed by a Massachusetts I i censed professional engineer (PE) describing the functional, financial and organizational mechani sms for the ongoing operation and maintenance of a stormwater management system to ensure that it continues to function as desi gned. O U T FAL L: The point at which stormwater flows out from a discernible, confined point source or concentrated conveyance into waters of the Commonwealth. OUTSTANDING RESOURCE WATERS (ORWs): Waters designated by Massachusetts Department of Environmental Protection as ORWs. These waters have exceptional soci of ogi c, recreati onal, ecol ogi cal and/or aestheti c val ues and are subj ect to more stri ngent requi rements under both the M assachusetts Water Qual i ty Standards(314 CM R 4.00) and the M assachusetts Stormwater M anagement Standards. ORWs i ncl ude vernal pool s certi f i ed by the Natural Heritage Program of the Massachusetts Department of Fisheries and Wildlife and Environmental Law Enforcement, all Class A designated public water supplies with their bordering vegetated wetlands, and other waters speci f iced I y designated. May 13, 2008 Page 50 OWNER: Shall be the owner of record of all the land shown on any plan submitted. The owner shall submit the title reference or references from the Essex County Registry of Deeds indicating the owner of record. PERM ITTEE: The person who holds a land disturbance permit and therefore bears the responsi bi I i ti es and enj oys the pri vi I eges conf erred thereby. PERSON: An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person. POINT SOURCE: Any discernible, confined, and concentrated conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, concentrated fissure, or contai ner f rom whi ch pol I utants are or may be di scharged. PRE-CON STRUCTI ON: All activity in preparation for construction. PRI 0 R TY HABI TAT OF RARE SPECI ES: Habitats del ineated for rare plant and animal populations protected pursuant to the Massachusetts Endangered Species Act and its regulations. PRIVATE STORM DRAIN SYSTEM OR PRIVATE SEPARATE STORM SEWER SYSTEM : The system of conveyances designed or used for collecting or conveying stormwater, i ncl udi ng any road with a drai nage system, street, gutter, curb, i nl et, pi ped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoi r, and other drai nage structure that together compri se the storm drai nage system that i s not owned and mai ntai ned by the Town. RECHARGE: Addition of stormwater runoff to the groundwater by natural or artificial means. REDEVELOPMENT: Development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites. RESPONSIBLE PARTIES: Owner(s), persons with financial responsibility, and persons with operational responsibility. RETENTION: Theholding of stormwater runoff in abasinwithout releaseexcept by means of evaporation, infiltration, or emergency bypass. RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface. SE DI M ENT: M i neral or organi c soi I materi al that i s transported by wi nd or water f rom i is origin to another location; the product of erosion processes. SEDI M ENTATI ON: The process or act of deposition of sediment. May 13, 2008 Page 51 SITE: Any lot or parcel of land or area of property where land-disturbing activities are, were, or wi I I be performed. SLOPE: The incline of a ground surface expressed as a ratio of horizontal distance to vertical distance. SOI L: Earth materi al s i ncl udi ng duff, humi c materi al s, sand, rock and gravel. STABILIZATION: The use, singly or in combination, of mechanical, structural, or vegetative methods, to prevent or retard erosion. STORM WATER: Stormwater runoff, snow melt runoff, surface water runoff and drainage. STORM WATER CO M I TTEE: A Committee of the Town of North Andover consisting of one staff member from the Planning Department, Conservation Department, Health Department, Building Department and Department of Public Works. STORMWATER MANAGEMENT PLAN AND NARRATIVE: A document containing narrative, dravri ngs and detai I s prepared by a M assachusetts I i censed qual if i ed prof essi onal engineer (PE) which includes structural and non-structural best management practices to manage and treat stormwater runoff generated from regulated development activity. A stormwater management plan also includes an Operation and Maintenance Plan describing the mai ntenance requi rements f or structural best management practi ces. STRIP: Any activity which removes the vegetative ground surface cover, including tree removal, cl eari ng, grubbi ng, and storage or removal of topsoi 1. TSS: Total Suspended Solids. Material, including but not limited to trash, debris, soils, sediment and sand suspended in stormwater runoff. VERNAL POOLS: Vernal pools are seasonally wet basin depressions that do not support breeding popul ati ons of fish, because of peri odi c dryi ng. Vernal Pools serve as breeding sites for unique organisms and may be protected by state, local and federal 1 avrs. Specifically Vernal Pools are isolated depressions or closed basins which temporarily confine water during periods of high water table and high input from spring runoff or snowmel t or heavy precipitation, and support populations of non-transient microorganisms, serve as breeding habitat for select species of amphibians or contain a variety of wetland plant species. They serve as temporari 1 y flooded amphibian breeding habitat, as wel 1 as habitat for other wildlife. These pools are characteristically small; they rarely exceed 150 feet in width, however a given pool may vary in size from year to year depending on the amount of rainfall or snowmelt. In the absence of those habitat functions, the areas will be considered isolated vegetated wetlands. The existence of either a confined basin depression; evidence of amphibian and/or reptiles species that breed only in vernal pools, the presence of fairy shri mp or thei r eggs; or documented presence of water i n a conf i ned basi n depressi on for at least two continuous months in the spring and/or summer will verify the existence of a vernal pool. WATERCOURSE: A natural or man-made channel through which water flows, i ncl udi ng a river, brook, or stream. May 13, 2008 Page 52 WETLAND RESOURCE AREA: Areas specified in the Massachusetts Wetlands Protection Act Massachusetts General Lairs Chapter 131, Section 40 and Regulations promul gated thereunder and i n the Town of North Andover WetI and Protecti on By-I avr and Regulations. WETLANDS: Wet meadows, marshes, swamps, bogs, areas where groundwater, flowing or standi ng surf ace water or i ce provi de a si gni f i cant part of the supporti ng substrate f or a pl ant community for at least five months of the year; emergent and submergent communities in i nl and waters, that porti on of any bank whi ch touches any i nl and water. 160-3. Authority This Bylavr is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes, and pursuant to the regulations of the Federal Clean Water Act found at 40 CFR 122.34. 160-4. Applicability Except as permitted by the Stormwater Committee in a land disturbance permit or as otherwise provided in this Bylaw, no person shall perform any land disturbance involving di sturbance of 40,000 square f eet or more of I and. A. Regul ated Activiti es. Regulatedactivities shed linclude, but not beIimitedto- 1. Land disturbance of 40,000 square feet or more of land associated with construction or reconstruction of structures, 2. Development or redevelopment involving multiple separate activities in discontinuous locations or on different schedules if the activities are part of a larger common plan of development that all together disturbs 40,000 square feet or more of I and, 3. Paving or other change in surface material over an area of 40,000 square feet or more of I and, 4. Constructi on of a new drai nage system or al terati on of an ex sti ng drai nage system or conveyance di sturbi ng 40,000 square feet or more of I and, 5. Any other activity on an area of land of 40,000 square feet or more that changes the water quality, or the force, quantity, direction, timing or location of runoff flowing f rom the area Such changes i ncl ude, but are not I i mi ted to: change f rom di stri buted runoff to conf i ned, concentrated di scharge; change i n the vol ume of runoff f rom the area, change in the peak rate of runoff from the area, and change in the recharge to groundwater on the area. 6. The Town of North Andover i s not exempt f rom the provi si ons of thi s Byl avr. B. Exempt Activities The following activities are exempt from the requirements of this Bylavr: 1. Normal maintenance and improvement of Town owned public ways and appurtenances to the publ i c ways. 2. Normal maintenance and improvement of land in agricultural use. 3. Repair of septic systems when required by the Board of Health for the protection of publ i c heal th. May 13, 2008 Page 53 4. Normal maintenance of currently existing landscaping, gardens or lawn areas associated with a si ngl e-f am i I y dwelling. C. Activities Allowed to Request Exemption. Areas of land that have had a Stormwater Management review either through the Conservation Commission or Planning Board using the Design Criteria as defined in this bylaw and Regulations may request an exempti on f rom the requi rements of thi s byl aw. Requests must i ncl ude a pl an of the area of land reviewed and approved by either the Planning Board or Conservation Commission accompanied by a sign-off from the issuing authority The Stormwater Com m i ttee w i l I rev i env each request on an i nd i v i dual basi s and i ssue a deci si on as to whether the exempti on i s granted or whether the appl i cant i s requi red to f i I e f or a perm i t. 160-5. Administration A. The Stormwater Committee shat l administer this bylaw. The Stormwater Committee shat l consist of one staff member from the Planning Department, Conservation Department, Health Department, Building Department and Department of Public Works as appointed by the Town Manager on recommendation by the Division Director. The Town Manager shad I desi gnate a Chai r of the Comm i ttee. B. The Stormwater Committee and its agents shall review all applications for a land disturbance permit, conduct inspections, issue a final permit and conduct any necessary enforcement action. C. At the applicant's expense, the Stormwater Committee may retain independent consultants as needed to advise the Committee on any and all aspects of a specified proj ect. Independent consultants may include but are not limited to Registered Prof essi onal Engi neers and Envi ronmental Si to M oni tors. D. The Stormwater Committee may adopt and periodically amend Stormwater Regulations relating to Land Disturbance Permits, exemption or waiver applications, permit terms or conditions, Design Criteria, additional definitions, enforcement, fees (including application, inspection, and/or consultant fees), or other procedures and administration of this Bylaw after conducting a public hearing to receive comments on any proposed revisions. Such hearing dates shall be advertised in a newspaper of general local circulation, at least seven (7) days before the hearing date. After public notice and hearing, the Stormwater Committee may promulgate rules and regulations to effectuate the purposes of this Bylaw. Failure by the Stormwater Committee to promulgate such rut es and regul ati ons shad I not have the eff ect of suspendi ng or i nval i dati ng thi s Byl aw. E. The Stormwater Committee will refer to the policy, criteria and information including specifications and standards of the latest edition of the Massachusetts Stormwater Management Policy or with Design Criteria as described in North Andover's Subdivision Regulations, whichever is more stringent in the protection of the town's environmental and i of rastructure resources, f or executi on of the provi si ons of thi s Byl aw. F. All meetings of the Stormwater Committee are subject to the Open Meeting Law. A notice in the local newspaper of a heari ng on the Land Disturbance Application and that the Stormwater Committee is accepting comments on the Land Disturbance Application May 13, 2008 Page 54 shall be published at the applicant's expense, at least five (5) business days before the hearing date. The Land Disturbance Application shal I be available for inspection by the public during normal business hours at the Town offices. Comments may be submitted to the Stormwater Commi ttee duri ng business hours at the Town offices. G. The Stormwater Committee or its agent shall have the authority, with prior approval from the property owner, or pursuant to court process, to enter upon privately owned land for the purpose of performing their duties under this Bylaw. H. The Stormwater Committee may: i. Approve the Application and i ssue a permit if it finds that the proposed pl an w i l l protect water resources and meets the objectives and requirements of thi s Byl aw; ii. Approve the Application and issue a permit with conditions, modifications, requi rements f or operati on and mad ntenance requi rements of permanent structural BMPs, designation of responsible party, or restrictions that the Stormwater Committee determines are required to ensure that the project will protect water resources and will meet the objectives and requi rements of this Byl aw; or iii. Disapprove the application and deny a permit if it finds that the proposed plan failsto meet the objectives and requirements of this Bylaw and its Regulations. If the Stormwater Committee finds that the applicant has submitted insufficient information to describe the site, the work, or the effect of the work on water quality and runoff volume, the Stormwater Committee may disapprove the appl i cati on, denyi ng a permi t. I. The Stormwater Commi ttee shad I take f i na1 acti on on an Appl i cati on wi thi n 60 days of recei pt of a comp)ete appl i cati on. If, i n the Stormwater Commi ttee's opi ni on, addi ti onal time or information is required for review, the Stormwater Committee by written agreement of the appl i cant may conti nue a consi derati on of the request to a date certai n announced at the meeting. J. Failure to take action within the time provided by this Bylaw shall be deemed to be approval of said application. Upon certification by the Town Clerk that the al I owed time has passed without the Stormwater Committee's action, the Land Disturbance Permit shall be issued by the Stormwater Committee. K. Appeals of Action by the Stormwater Committee. A written decision of the Stormwater Committeeshall befinal when it isexecuted by theStormwater Committeeor itschair or acting chair and filed i n the Town Clerk's office. Further red i of of a decision by the Stormwater Commi ttee made under thi s Byl aw shad I be revi ewabl e i n the Superi or Court or L and Court i n accordance wi th appl i cabl e I aw. The remedi es I i sted i n thi s Byl aw are not excel usi ve of any other remedi es avai I abl a under any appl i cabl e f ederal, state or I ocal law. No work shall commence until the applicable appeal period has passed with no appeal or if an appeal has been f i d ed, the appeal has been f i nal I y resolved by adjudication or otherwise. L. All activity permitted by the Land Disturbance Permit must be completed within oneyear of permit issuance. Extensions of time can be granted by the Stormwater Committee upon formal written request by the appl i cant. Upon the expiration of one year f rom the date of May 13, 2008 Page 55 perm i t i ssuance i f an extensi on has not been granted the perm i t shad I be consi dered to be revoked. M. The Stormwater Management Permit shall be recorded at the Essex North District Registry of Deeds at the Applicant's expense and proof of recording provided to the Stormwater Committee prior to the commencement of any work under the Permit. N. The Stormwater Committee will issue a Certificate of Completion upon receipt and approval of final reports and documentation as outlined in the Regulations and/or upon otherwise determining that all work of the permit has been satisfactorily completed in accordance with this Bylaw. The Certificate of Completion shall be recorded at the Essex North District Registry of Deeds at the applicant's expense and proof of recording provided to the Stormwater Committee. 160-6. Permits& Procedures Permi t Procedures and Requi rements shad I be de#i ned and i ncl uded as part of any rut es and regul ati ons promul gated as permi tted under Secti on 5 of thi s Byl aw. 160-7. Fees The Stormwater Committee shall establish fees, subject to approval of the Board of Selectmen, to cover expenses connected with application review and monitoring permit compel i ance. The f ees shat I be suff i ci ent to cover Town secretari al staff and prof essi onal staff and any such other direct and indirect costs to the Town of processing and receiving the applications. Provided that a revolving fund is establ i shed by the Town in accordance with the provisions of Massachusetts General Laws Chapter 44, Section 53E'/z, the Stormwater Comm i ttee i s ad so authorized to col I ect f ees f rom the appl i cant in amounts suff i ci ent to pay a Registered Prof essi onal Engi neer and such other prof essi onal consultants as the Stormwater Committee requires to advise the Stormwater Committee on any and all aspects of the proj ect. The f ees f or such prof essi onal engi neers and consul tents shad I be pai d to the Town for deposit into the revolving fund. 160-8. Surety The Stormwater Committee may require the permittee to post before the start of land disturbance activity, a surety bond, or other acceptable security. The form of the bond shed be approved by the Stormwater Committee, and be in an amount deemed sufficient by the Stormwater Committee to insure that the work will be completed in accordance with the permit. If the project is phased, the Stormwater Committee may release part of the bond as each phase is completed in compliance with the permit but the bond may not be f ul I y released until the Stormwater Committee has issued a certificate of completion. 160-9. Waivers A. The Stormwater Committee may waive strict compliance with any requirement of this by-law or the rut es and regulations promulgated hereunder, where the activity: 1. 1 s al I owed by f ederal, state or I ocal statutes and/or regul ati ons, or May 13, 2008 Page 56 2. 1 s i n the publ i c i nterest, and i s not i nconsi scent wi th the purpose and i ntent of thi s bylaw and its regulations. B. Any applicant may submit a written request to be granted such a waiver at the time of submission. Such a request shad I be accompanied by an explanation or documentation supporting the waiver request and demonstrating that the activity is allowed by federal, state or I ocal statutes and/or regul ati ons or i s i n the publ i c i nterest and i s not i nconsi scent with the purpose and intent of this bylaw and its regulations. C. A I I wad ver requests shad I be di scussed and a deci si on wi I I be made at the ti me of f i nal action by the Stormwater Committee. D. I f i n the Stormwater Comm i ttee's opi ni on, addi ti onal i of ormati on i s requi red f or rev env of a waiver request, the Stormwater Committee may continue a consideration of the waiver request to a date certai n announced at the meeti ng. I n the event the appl icant fai Is to provi de requested i of ormati on, the wad ver request shad I be deni ed. 160-10. Enforcement A. The Stormwater Committee or its authorized agent shall enforce this Bylaw, its regulations, orders, violation notices, and enforcement orders, and may pursue all civil and cri mi nal remedi es f or such vi of ati ons. B. Orders. The Stormwater Committee or its authorized agent may issue a written order to enf orce the provi si ons of thi s Byl aw or the regul ati ons thereunder, whi ch may i ncl ude. 1. A requirement to cease and desist from the land-disturbing activity until there is compliance with the Bylaw or provi si ons of the 1 and-disturbance permit; 2. M ai ntenance, i nstal I ati on or perf ormance of addi ti onal erosi on and sedi ment control measures; 3. Monitoring, analyses, and reporting; 4. Remedi ati on of erosion and sedimentation resulting directly or indirectly from the land-disturbing activity; C. Compl i ance wi th the Operati on and Maintenance Plan. 1. If the enforcing person determines that abatement or remedi ati on of erosion and sedimentation is required, the order shall set forth a deadline by which such abatement or remedi ati on must be completed. D. Fines. Any person who violates any provision of this Bylaw, regulation, order or permit i ssued thereunder, shal I be puni shed by a f i ne of $300.00. Each day or part thereof that such violation occurs or conti nues shad I constitute a separate violation. E. Non-Criminal Disposition. As an alternative to criminal prosecution or civil action, the Stormwater Committee may elect to utilize the non-criminal disposition procedure set forth i n M assachusetts General Laws Chapter 40, §21 D, whi ch has been adopted by the Town, i n which case the Stormwater Committee or authorized agent shall be the enforcing person. The penalty for each violation shall be $300.00. Each day or part thereof that such violation occurs or conti nues shal I consti tute a separate vi of ati on. 160-11. Severability f any provi si on, paragraph, sentence, or cl ause of thi s Byl aw shad I be het d i nval i d f or any reason, al other provi si ons shal I conti nueinfulI f orce and eff ect. Or to take any other action rel ati ve thereto. May 13, 2008 Page 57 Department of Public Works Board of Selectmen Recommendation: To Be M ade at Town M eeting Finance Committee Recommendation: To Be M ade at Town M eeting Planning Board Recommendation: To Be M ade at Town M eeting Fl NANCE COM M I TTEE EXPLANATI ON: Article 33 seeks to amend the North Andover General Bylaws by the creation of a Stormwater Management & Erosion Control regulation as required by the U.S.A. Environmental Protection Agency's National Pollution Discharge Elimination System (NPDES) for site excavations in excess of one (1) acre. At present Stormwater Management review is handled through both the North Andover Planning Board Rules & Regulations, and the North Andover Conservation Commission's Local Wet I ands by-law and regulations. Additionally, the Massachusetts Department of Environmental Protection regulates Stormwater Management & Erosion Control through the " Massachusetts Stormwater Management Policy" (Massachusetts General Laws Chapter 131 Section 40) and "The Massachusetts Clean Waters Act" (Massachusetts General Laws Chapter 21 Section 23-56) The NPDES permit requirement originally only came into effect when any excavation exceeded five(5) acres, subsequently the Environmental Protection Agency adopted a regulation requiring that all states and towns throughout the USA regulate Stormwater Management & Erosion Control by 2008. This Article seeks to create outside the framework of the current regulatory departments, Planning Board and Conservation Commission, an additional regulatory entity, the"Stormwater Committee' to carry out and enforcethe requirements of this bylaw. Artide 34. Amend General Bylaws—Add New Chapter —Chapter 134 - Machine Shop Village Neighborhood Conservation District Bylaw. To see if the Town will vote to amend the General Bylaws of the Town of North Andover by enacting a bylaw entitled the "Machine Shop Village Nei ghborhood Conservation District Bylaw" to be inserted into the General Bylaws for the Town of North Andover as Chapter 134. PREAM BLE: The M assachusetts H i stori cal Commi ssi on has de#i ned a N ei ghborhood Conservati on D i stri ct 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 maki ng sure new constructi on respects the scal e, massi ng, setback and materi al s of the hi stori c structures. May 13, 2008 Page 58 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 bui I dings and their settings that are worthy of protecti on at the I oval I evel, and are general I y more hi stori cal I y i ntact 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 (M SV SC) was established by the North Andover Board of Selectmen in February 2006. The M SV SC reviewed Machine Shop Village hi story, 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 Vi I I age without overly encumbering the residents with restrictions. I t i s 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 isasfdlows Chapter 134 Machine Shop Village Neighborhood Conservation District 134-1. TITLE The Town of North Andover hereby establishes a Neighborhood Conservation District known as the Machine Shop Village Neighborhood Conservation District, to be administered by a Neighborhood Conservation District Commission. This Bylaw shad I be known and maybe cited as the North Andover Machine Shop Village Neighborhood Conservation District Bylaw and is adopted pursuant to the Home Rule Amendment to the Massachusetts Construction. 134-2. PURPOSE Thi s by-I aAr i s enacted f or the purpose of preservi ng and protecti ng groups of bui I di ngs and thei r settings that are architecturally and historically distinctive which constitute or reflect distinctive features of the architectural, cultured, 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 combi nati on 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. May 13, 2008 Page 59 134.3. DEFINITIONS As used in this Bylatr the following terms shall have the following meaning: AD DI TI ON: A change to a bui I di ng that i ncl udes addi ti onal stori es, hei ght or f I oor area ADVISORY REVIEW: An application revievr procedure that provides non-binding recommendations to the appl i cant. ALTERATION, TO ALTER: A change to a building or part thereof such as removal, construction, reconstruction, restoration, replication, rehabilitation, demolition and other si m i I ar 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 materi al s f orm i ng a shelter for persons, ani mal s 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 COM PATI BL E: A proj ect that meets the desi gn gui del i nes of the nei ghborhood conservati on district commission. DESIGN GUI DELI NES: The document used by the Neighborhood Conservation District Commission to determine whether a proposed project is compatible. The design guidelines are appended to this byl avr. DISTRICT: The Neighborhood Conservation District asestablished in thisbylavr. 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 on gi nal f abri c or i ntent. May 13, 2008 Page 60 SU BST I T U T E 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. 134-4. DI STRI CT The Neighborhood Conservation District shall encompass the area shown on the map titled, Machine Shop Village PI an of Proposed Neighborhood Conservation District, Appendix A, Fi gure 1, whi ch i s appended to thi s byl atr and made a part hereof. 134-5. NEI GH BORHOOD CONSERVATI ON DI STRI CT COM M I SSI ON The Neighborhood Conservation District shall be overseen by a Commission, which is hereby established, consisting of five members, to be appointed by the Board of Selectmen, two members initially to be appointed for one year, two for two years, and one f or three years, and each successive appoi ntment 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 f or three year terms thereafter. I n the case of absence, i nabi I i ty to act, or recusal f rom acti on due to a conf I i ct of i nterest of a M ember of the Commi ssi on, hi s or her pl ace shat I be taken by an al ternate member desi gnated by the Chai rperson, if avai I abl e, otherwi se by the Vice-Chairperson i f 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 real tor; an architect and a building contractor familiar with historic rehabilitation. If possible, the Chairperson of the Commission should be a resident of the district and shall be elected by a majority of the Commission. Members and alternates of the Commission shall by reason of experience or education have demonstrable knowledge and concern for improvement, conservation and enhancement of the district, but the fined decision regarding appointment of members and their qualifications shall be at the di screti on of the Board of Selectmen. Each member and alternate member shad I continue to serve in office after the expiration date of hi s or her term until a successor is duly appointed. M eeti ngs of the Commi ssi on shat I be het d at the cal I of the Chai rperson, 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. 134-6. NEIGHBORHOOD CONSERVATION DISTRICT COM M I SS1ON POWERS AND DUTI ES 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 May 13, 2008 Page 61 cri teri a establ i shed in thisbydaw. The Comm i ssi on, after a publ i c heari ng dul y posted and adverti sed at I east 14 days i n advance i n a conspicuous place in Town Hall, may adopt and from time to time amend, reasonable Rules and Regul ati ons not inconsistent with the provi si ons of thi s byl aw or setting forth such forms and procedures as it deems desirable and necessary for the regulation of its affairs and the conduct of its business, including requirements for the contents and form of applications for certificates, fees, heari ng procedures and other matters. Amendments to the Rules and Regul ati ons shad I be made by a majority vote of the Commission. The Commission shall fide a copy of any such Rules and Regul ati ons wi th the office of the Town Clerk. The Comm i ssi on, after a publ i c heari ng dud y posted and adverti sed at I east 14 days i n advance i n a conspicuous place in Town H al I may adopt and from time to time amend design guidelines whi ch set f orth the desi gns f or certai n ad terati ons whi ch are, i n general, sui tabl e f or the i ssuance of a Certificate to Alter. Amendments to the design guidelines shall be made by a ma on ty 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 approved. The Commi ssi on shad I at the begi nni ng of each year hod d an organi zati onal meeti ng and el ect a Chai rperson, a V i ce Chai rperson and Secretary, and f i I e noti ce of such el ecti on wi th the off i ce 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 Commi ssi on shat I undertake educati onal eff orts to expel ai n to the publ i c and property owners the meri is and f uncti ons of a nei ghborhood conservati on di stri ct. 134-7. ALTERATION PROHIBITED WITHOUT A CERTIFICATE Except as this Bylaw provides, no alterations to any building or part thereof within a Neighborhood Conservation District shall be permitted unless the commission shall first have i ssued a Certi f i cate to A I ter. 134-8. ALTERATIONS EXCLUDED FROM COM MISSION REVIEW It shall be the responsibility of the Commission, or its delegate thereof to determine whether an alteration is exempt from revi edv. The Commission or its delegate thereof shall have seven days from the date of receipt of a request for Certificate to Alter to make this determination. The f of lowing projects are excluded from Commission rev .i edv. • Projects not requiring a building (or demolition) permit. • Structures not defined as buildings or parts of buildings • Temporary buildings, subject to time limits by the Neighborhood Conservation District Commission. • Interior Alterations • Storm wi ndows and doors, screen wi ndows and doors. • Removal, repel acement or i nstal I ati on of gutters and downspouts. • Removal, repel acement or i nstal I ati on of wi ndow and door shutters. May 13, 2008 Page 62 • Accessory bui I di ngs of I ess than 100 square f eet of f I oor area. • Removal of substitute siding. • Alterations not visible from a publ i c way. • Ordinary maintenance and repair of architectural features that match the existing condi ti ons i ncl udi ng materi al s, desi gn and di mensi ons. • Replacement of existing substitute doors, substitute siding or substitute windows with new materialsthat aresubstantially similar to theexisting 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 wi ndows or doors. • Reconstruction, substantially si m i 1 ar 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 carri ed f orward wi th due di I i gence. 134-9. PROCEDURES FOR THE REVIEW OF MAJOR ALTERATIONS The f of lowing major alterations require the submittal of an application for a regulatory revi env by the Commission. The deci si on of the Commission shad I be binding on the applicant. • Demolition of a building or part of a building. • N edv construction including bui d di ngs and additions. • Accessi bi I i ty I mprovements i ncl udi ng ramps, red I s, wad kways and mechani cal equi pment associ aced wi th exteri or archi tectural barri ers. • Replacement of original fabric with substi tute si di ng • Removal of architectural trim • Replacement of windows and doors that alters the form, fit or function of the existing openi ng. Within forty five days of the submittal of an application for a major alteration, the Commission shat I hod d a publ i c heari ng on the appl i cati on. At I east seven days bef ore sai d publ i c heari ng, publ i c noti ce shad I be gi ven by posti ng i n a conspi cuous pl ace i n Town Hal 1. Such noti ce shad I i dentify the ti me, pl ace and purpose of the publ i c heari ng. At I east seven days before sai d publ i c 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 materi al l y affected thereby al I as they appear on the most recent appl i cabl a tax I i st. Fol I owi ng the publ i c heari ng, the Comm i ssi on shad I determi ne whether the proposed al terati on i s compati bl e wi th the purpose of thi s byl avr and the desi gn gui del i nes adopted by the Comm i ssi on. Determi nati ons shad I be made by maj ority vote of the Commi ssi on. If the Commission determines that the alteration is compatible, the Commission shall issue a Certificate to Alter. The vote of at least three members shat l be required to issue a Certificate to A I ter. 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 a written statement with the reasons for its disapproval including how the alteration does not meet the desi gn gui del i nes or the purpose of thi s byl air. May 13, 2008 Page 63 134-10. PROCEDURES FOR ISSUANCE AND FILING OF CERTIFICATES Each Certi f i cate i ssued by the Commi ssi on shad I be dated and si gned by i is chai rperson or such other person designated by the Commission to sign such Certificates on its behalf. The Commission shat I send a copy of its Certificates and di sapproval s to the applicant and shall fide a copy of its Certificates and disapprovads with the office of the Town Clerk and the Building Commi ssi oner. The date of i ssuance of a Certif i cate or di sapproval shad I be the date of the f i I i ng of a copy of such Certif i cate or di sapproval wi th the off i ce of the Town Cl erk. 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 Certi f i cate to Alter due to f ai d ure to act. 134-11. ENFORCEMENT AND PENALTIES The Neighborhood Conservation District Commission 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 alters a building without first obtaining a Certificate to Alter i n accordance with the provisions of this bylaw shall be subject to a fine of Three Hundred Dollars. Each day theviolation exists shall constitute aseparateoffense 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 byl aw remai ns outstandi ng, no bui I di ng perm i t on the premi ses shad I be i ssued unti I the vi of ati on i s corrected or unl ess otherwi se agreed to by the Commi ssi on. 134-12. APPEAL PROCEDURE Any applicant or person aggrieved by a determination of a neighborhood conservation district commission may appeal to a court of competent jurisdiction. 134-13. VALIDITY AND SEPARABILITY The provisions of this Bylaw shall be deemed to be separable. If any of its provisions, sections, subsecti ons, sentences or cl auses shad I be heel d to be i nval i d or unconsti tuti onal by any court of competent j uri sdi cti on, the remai nder of thi s ByI aw shal I conti nue to be i n f ul I f orce and eff ect. May 13, 2008 Page 64 134-14. APPENDICES Appendix 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 M ap of the Town of North Andover, Figure 1 which is a part of this Bylaw. FI GURE 1 —M ACH I NE SH OP VI LLAGE CONSERVATI ON DI STRI CT / Machine Shop'tdlage Neighborhood Ccroser,aticn District Map \ \ (Figure 1) VK -�\ \\ �� saiuvacros w i�aaaaax roawaaa w" Napn°' � ¢wrm�aat m - J� IDiE�fig4 tlbG� 4q b- aG>� e� � a � m G q$pA'S1Y � �f `4i a �fi p msaQmmo- U. �I' S' mcwma�a rxxwuw'+G, L� V \ \ mrmmwmrex Board of Selectmen Board of Selectmen Recommendation: FavorableAction Planning Board Recommendation: To Be M ade at Town M eeting May 13, 2008 Page 65 Artide 35. Amend North Andover Zoning Bylaw— Section 4.122 Residence 4 District. To see if the Town will vote to amend the Town of North Andover Zoning Byl afr, Section 4.122 in order to al I ow a Fam i I y Suite as an allowed use wi thi n the Residence 4 Zoning District. Amend Section 4.122 by adding the underlined language to read asfollows 4.122 Resi dence 4 District 22. Family Suite — A separate dwelling unit located within or attached to a dwelling for a member of a household hereinafter ("Fami I y Suite') is allowable by Special Permit by the Zoning Board of Appeals provided: a The Family Suite unit is occupied by a family member, which shall include: brothers, sisters, maternal and paternal parents, grandparents, great grand parents, cousins in the f i rst degree, ni eces, ngphEws, I avrf ul i n-I avrs, and or chi I dren, or any combi nati on thereof of the residing dwelling unit owner's family b. That the premi ses shat I be i nspected annual I y by the B ui I di ng I nspector f or conf ormance to this section of the Bylavr and the Dwelling Unit Owner shall certify the same, of whi ch, f ai I ure to i nspect the prem i ses by the B ui I di ng I nspector shad I not i nval i date the Special Permit; c. The Special Permit shat l be recorded at the North Essex Registry of Deeds. Or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: To Be M ade at Town M eeting Planning Board Recommendation: To Be M ade at Town M eeting Fl NANCE COM M I TTEE EXPLANATI ON: Article 35 seeks to amend the zoning by-I avr for the Residence 4 District (R-4), by allowing the addition of a"Family Suite'. Family Suites are allowed within R-1, R-2, and R-3 districts, the other singdefamidy districts in North Andover. Artide 36. Amend North Andover Zoning Bylaw — Section 6 Signs and Sign Li-gh ting Regulations To see if the Town wi I I vote to amend the Town of North Andover Zoning Bylavr, Section 6 Signs and Sign Lighting Regulations, Subsection 6.3 Definitions by defining an "A- Frame(Sandwich Board" sign and "Animated Sign" and amending Subsection 6.6(B) Permitted Signs by adding language requiring a Sign Permit for A-Frame(Sandwi ch Board si gns wi thi n all zoning di stri cts. Amend Section 6.3 by adding the following underlined language and renumbering accordingly to read asfollows May 13, 2008 Page 66 6.3 Definitions 1. A-Frame Sign/Sandwich Board: A portable, temporary sign or devicecapableof standing without support or attachments. 2. Accessory Sign - A sign that advertises activities, goods, products, or a specific use, owner, or tenant, available within the building or on the property on which the sign is I ocated, or adverti ses the property as a whol a or any part thereof f or sal a or rent. 3. Animated Sign: Any sign that uses movement or a change of lighting to depict action or create a speci al off ect or scene. 4. Building Frontage - The length in feet of a ground floor I evel of a building front or side facing a street (or facing a right-of-way accessible from a street) that is occupied by an individual business. 5. Dimensional Sign -A non-accessory sign containing no advertising and giving direction to community (non-commercial) activities, buildings, areas, such as churches, schools, pl aygrounds, museums, hi stori cal si tes, publ i c bui I di ngs, etc. Si gn not to exceed 12"x30". 6. Display Window Signs - Temporary signs on the surface of or inside display windows, I i ghted only by the general bui I di ng i I I umi nati on. 7. Erect - Shed I mean and i ncl ude to construct, pl ace, rel ocate, enl arge, al ter, attach, suspend, and post. 8. Flagpole - A pole erected on a roof, or projecting from a building or structure or on the ground. 9. Freestanding Sign - Shall mean and include any sign not attached to a building or the ground. 10. Ground Sign -Any sign erected on the ground which is self-supported and anchored to the ground. 11. Illuminated Sign - Illuminated sign shall mean any sign illuminated by electricity, or other artificial light including reflective or phosphorescent light and shall include I ocat i on of source of illumination. 12. Marquee- Any sheltering structure of permanent construction projecting from and totally supported by the wad I and/or roof of a bui I di ng. 13. Non-Accessory Sign -Any sign that is not an accessory sign. 14. Obscene - shal I have the meani ng as that term i s def i ned i n M assachusetts General L airs Chapter 272, Section 1. Massachusetts General Laws, Chapter 272, Section defines "obscene" as f of I ows: 1. Appeals to the prurient interest of the average person applying the contemporary standards of the county where the offense was committed; 2. Depicts or describes sexual conduct in a potential I y offensive way; and 3. Lacks serious literary, artistic, or pod i t i cal or scientific value. 15. Permanent Sign - Any sign permitted to be erected and maintained for more than sixty (60) days. 16. Primary Sign - The principal accessory sign, which may be awed 1, roof, or ground sign, as al I owed in Section 6.6. 17. Projecting Sign - Any sign which is attached or suspended from a building or other structure and any part of whi ch proj ects more than twel ve(12) i nches f rom the wad I surf ace of that porti on of the bui I di ng or structure. May 13, 2008 Page 67 18. Roof Sign - Any sign erected, constructed, and maintained wholly upon, connected to, or over the roof or parapet of any bui I di ng wi th the entire support on the roof or roof structure. 19. Secondary Si gn - I s a wed 1, roof, or ground si gn i ntended f or the same use as a pri mary si gn but smal I er di mensi ons and I etteri ng, as al I owed i n Secti on 6.6. 20. Sign - A sign is any structure, mechanically or electrically driven, still or moving device, light, 1 etter, figure, word, model, banner, pennant, trade flag, or representation that is designed to be seen from outside the lot on which it is erected. It advertises activities, goods, places, persons, objects, institutions, organi zati ons, associations, businesses or events, products, services, or facilities avai 1 abl a either on the property where the sign appears or in some other location. The definition includes electric signs in windows or doors, but does not i ncl ude w i ndow displays or merchandise. A sign may be permanent or temporary. 21. Sign Size(Area) -The surface area of any sign is the entire area wi thi n a single continuous perimeter enclosing the extreme limits of lettering, representation, emblems, or other f i gures, together wi th any materi al or col or f ormi ng an i ntegral part of the di spl ay or used to differentiate the sign from the background against which it is placed. Structural members beari ng no si gn copy shad I not be i ncl uded. 22. Temporary Sign: A sign permitted to be used on a short-term basis for the duration of no longer than sixty (60) days unless otherwise speci f i cal l y provided herein. 23. Wall Sign - Any sign aff i xed to, suspended from or painted on a wal 1, window, marquee, or parapet. Amend Section 6.6(B) by adding the following underlined language and renumbering accordingly to read asfollcws 6. Temporary A-frame Sign Permit. The Building Inspector may issue a sign permit for the temporary placement of a freestanding A-f rame(sandwi ch sign which (i) announces a performance, an event, an advertisement, or is for directional purposes, ii) must be securel y anchored so as to not bl ow over and i s prof essi onal i n appearance, i i i) must be removed at the close of business and at the expiration of the permit; iv) may not obstruct a publ i c or pri vale wad kway, or be pl aced on publ i c property. The maxi mum area shed not exceed ei ght (8) square f eet on each si de, and a maxi mum hei ght of f i ve (5) f eet above the ground. The temporary permit may impose limiting conditions, including among other matters the number al I owed at each busi ness property I ocati on. 7. Unless otherwise specified in this Bylaw, temporary signs pertaining to other non- commercial issues shat l require no sign permit and shad I be al l owed i n al l zoning districts. Such si gns shat l be subject to the I imitations set forth in subsection (5) (a)-(e) above. 8. Identification Signs or entrance markers for a church, or synagogue shall not exceed a combined total of thirty (30) square feet and provided that there shall be no more than two (2) signs al I owed on the premi ses 9. Notwithstanding any other provisions of this Bylaw, signs may be erected for posting I and; exampl e, no hunti ng, no trespassi ng, etc.; Or to take any other action relative thereto. Planning Board May 13, 2008 Page 68 Board of Selectmen Recommendation: To Be M ade at Town M eeting Planning Board Recommendation: To Be M ade at Town M eeting FI NANCE COM M I TTEE EXPLANATI ON: Article 36 seeks to Amend Section 6 of the North Andover Zoning By-law for all signs and lighting. The article is a comprehensive re-writing of the existing by-law and regulation governing all signs in all districts. Additionally the article seeks to amend section 2.65 of the North Andover zoning by-law by changing from the Selectmen as the Special Permit Granting Authority (SPGA) for Non-accessory signs to the Board of Appeals acting as the (SPGA). In certain instances where the Planning Board issues a permit under Site Plan Review, then the Planning Board shall become the(SPGA). Artide 37. Amend Zoning Bylaw — New Zoning District, Amending Section 16 — Addition Corridor Development District 3 (CDD3). To see if the Town wi I I vote to amend the Section 16 of the North Andover Byl afr to create and establish a thi rd Corridor Development District, Corridor Development District 3 (CDD3). And in connection therewith to amend North Andover Bylaw Section 3.1 Establishment of Districts, by adding the term "Corridor District 3' and amending Table 1 & Table 2 of the Byl afr to include the summary of uses and dimensional requirements of the Corridor Development District 3. See Tables below: Amend Section 16 by adding the underlined language within respective sub-sections and renumbering accordingly, to read asfdlows 16.4 Corridor Development District 3(CDD3) - Permitted Uses In the Corridor Development District 3, no building or structure shall be reconstructed, erected, al tered or used f or any other purpose than the f of I owi ng_ 1. Retail uses provided there is no outdoor sales or storage of materials and products. However, auto sales and repair are not allowed. 2. Eating and Dri nki ng Establ i shment. 3. Personal service establishments. 4. 1 ndoor recreati on, f i tness, and heal th care f aci I i ty. 5. Indoor pl ace of amusement or assembly. 6. Outdoor place of amusement or assembly. 7. Publ i c bui I di ng or use and Publ i c Servi ce Corporati on. 8. Professional offices including, but not limited to banks, real estate offices, insurance offices, physician offices, dentists, attorneys, architects, engineers or accountants. One drive-through facility shall be permitted every 500 linear feet of street or highway as measured al ong center)i ne. 9. Medical Center. 10. Research and Development Facility not to exceed 25,000 square f eet. May 13, 2008 Page 69 11. Print i ng and Reproduction. 12. Warehousi ng and Whol esal i ng. 13. Motel and Hotel. 14. Art Gal I ery. 15. Cultural Center or Museum. 16. Place of worship. 17. Day Care Center by Special Permit. 18. Same-structure(On-site M ixed Use Developments: a Resi denti al uses shad I not be I ocated on the f i rst f I oor of a structure or bui I di ng. b. Apartments and condom ni ums shad I be al I owed where such use i s not more than f ifty percent (50%) of the gross square f eet f or a two (2) story bui I di ng and seventy-f i ve percent (75%) of the gross square feet f or a three(3) story bui I di ng. X416.5 Uses Subject to a Speci al Permit The f of I owi ng uses may be al I owed i n the Corri dor Devel opment D i stri cts by granti ng of a Special Permit pursuant to Section 8.3 and 10.3 of the Bylaw: 1. No bui I di ng or structure i n excess of 3,000 gross square feet of bui I di ng area shat I be constructed, reconstructed, erected or altered in the Corridor Development District without the granting of the Special Permit. The granting of the Special Permit shall be pursuant to Section 8.3 and 10.3 of the byl aw and subject to the f of I owing conditions. a Submission of a traffic impact and mitigation plan by a professional traffic engi near/consul tant. b. For those parcels abutting residential zoned properties, sufficient evidence must be provi ded to demonstrate that no reasonabl a al tenati ves to the si to I ayout, si to desi gn, and parki ng conf i gurntion ex i st. c. A determination by the Planning Board that the proposed development will not create adverse traff i c and safety i mpacts and nel ghborhood streets and uses are harmoni ous with the character of the area d. A determination by the Planning Board that the proposed development provides sufficient screening and buffering for those parcels abutting residential zoned propeti es. 2. For outdoor storage, display, and sales of materials, products and goods in connection with retail uses and provided: 3. Pemi ssi bl e area of I and devoted to the speci al I y pemi tted outdoor use may not exceed twenty percent (20%) within CDD1 and thirty percent (30%) within CD D2 and CD D3 of the i ndoor pri nci pal use devoted to retai I sal es. 4. The products, materials or goods displayed, stored or sold outdoors, by special permit, must not be vi si bl e f rom any resi dent i al use. 5. The goods, materials, and products permissible for outdoor storage, display and sales hereunder, shad I expl i ci td y excel ude automobi I es, motorcycl es, or other wheel ed vehi cl es and i ncl ude onl y goods, matei al s, and products, whi ch are customari I y stored, di spl ayed, or sold outdoors without the necessity for cove from the weather. Fertilizes and other tox i c, hazardous che11 i cad s are ad so excel uded heel n. 6. The amount of area desi gnated f or outdoor storage shad I be i ncl uded i n the di mensi onal requi rements for maximum lot coverage. May 13, 2008 Page 70 7. The enti re outdoor storage area shad I be end osed by a wad I of sol i d opaque materi al such as masonry or sod i d wood f enci ng whi ch, i n the opi ni on of the PI anni ng Board, wi I I not derogate from the surrounding area 8. Suff i ci ent I andscapi ng shad I be provi ded around the peri meter of the storage area at the di screti on of the PI anni ng Board. 9. ON y I i vi ng pl ants can be hi gher than the surroundi ng verti cal structural screeni ng. 46-.6 16.6 Design Standards 1. Any other performance standards of the town shed also apply to uses conducted under this Section 46-516.6 of the North Andover Zoning Bylaws; 2. Architecture should demonstrate the cohesive planning of the development and present a clearly identifiable design feature throughout. Applicants are encouraged to use traditional New England architectural elements in the design. It is not intended that buildings be totally uniform in appearance or that designers and developers be restricted in their creativity. Rather, cohesion and identity can be demonstrated in si m i d ar building scarf a or mass, consistent use of facade materials, si m i d ar ground level detailing, cod or or si gnage, consistency in functional systems such as roadway or pedestrian way surfaces, si gnage, or landscaping; the framing of outdoor open space and linkages, or a clear conveyance i n the i mportance of vari ous bui I di ngs and features on the si te; 3. B ui I di ngs adj scent to usabl a open space shout d general I y be on ented to that space, wi th access to the bui I di ng openi ng onto the open space; 4. A I I near uti I i ti es shat I be pl aced underground; 5. L andscaped space and pedestri an connecti vi ty shal I be desi gned and I ocated to provi de sufficient and safe access throughout the development and/or abutting residential neighborhoods. An alternative to asidewalk, such as an asphalt path or trail which better serves the purpose of connecting commercial businesses to each other and the community, may also be used; 6. Commercial uses shall be designed and operated, and hours of operation limited where appropri ate, so that nei ghbori ng resi dents are not exposed to off ensi ve not se, especi al I y from traffic or late-night activity. No amplified music shall be audible to neighboring resi dents; 7. Vehicular access to and from public roads is intended to be consolidated. Vehicular access to I ands f rom a publ i c roadway shall generally be limited to one(1) access point, parti cud art y when f rontage al ong sai d roadway i s two hundred (200) f eet or I ess; 8. D ri v6way consol i dati on shout d be undertaken so as to reduce traff i c conf I i cts on f eeder or collector streets. a Provision for Interior roadways and common curb cuts i. To al I ow for the least disruption in f d ow on the primary corridors, and the opportunity for orderly growth within the zoning districts bordering this state roadway, the town considers the reduction of entrances and exits on the highway of maj or concern. For that reason, al I si to pl ans shad I show reasonabl e pl ans f or i nteri or roadways I i nki ng nei ghbori ng parcel s present)y devel oped or whi ch coul d be devel oped as f uture site devel opment to a common access poi nt. i i. The Planning Board may approve provisions for interior roadways utilizing joint access and/or egress, recognizing that the f i nal design and permitting of access to the primary corridors is to be accomplished only through the access permit May 13, 2008 Page 71 process of the Massachusetts Highway Department. The Planning Board shall have the authority to authorize the following density bonuses for abutting owners who develop interior roadways or feeder streets utilizing a common drive and curb cuts thereby el i mi nati ng per parcel accesslegress poi nt on the hi ghway: 1. An additional five(5%) percent in the amount of lot coverage allowed by the requirements of the bylavr for an existing or proposed use, and 2. 2. An increase of one dwelling unit per acre for an existing or proposed resi dent i al use. Applicants should notify the Massachusetts Highway Department as soon as possible of their intent to utilize the provisions of this byl avr in order to facilitate an orderly and cooperative permitting process between the Planning Board and the state highway department; 9. The design should preserve and enhance natural features such as topography, waterways, vegetation, and drainage ways, 10. The design should minimize impervious surfaces and incorporate other design features to m i ni m i ze storm water runoff; and 11. Mixed Use Developments should maximize pedestrian transit-oriented development. Speci f iced I y they should use "traf f i c-calming" techniques I i beral I y; provide networks for pedestrians as good as the networks for motorists; provide pedestrians and bicycles with shortcuts al alternatives to travel along high-volume streets, and emphasize safe and direct pedestrian connections to transit stops and other commercial and/or employment nodes; provide long-term, covered, bicycle parking areas; provide well-lit, transit shelters; incorporate transit-oriented design features, and establish Travel Demand Management programs at employment centers. 46-.6-16.7 Screening and Landscaping Requirements 1. Front Yard: The ten (10) feet nearest the street or front lot line must be landscaped and such I andscapi ng shal I not aff ect vehi cul ar si ght di stance. 2. Side Yards The five (5) feet nearest the side lot line must be landscaped. A waiver to the I andscape requi rements may be granted if one access dri vevray servi ces the I ot. 3. Rear Yards The ten (10) f eet nearest the rear I of I i nes must be I andscaped. 4. Side and Rear Yards Where a I of abuts a resi denti al zoni ng di stri ct, the f ifteen (15) feet nearest the side and rear lot lines must be landscaped. In addition, within ten (10) f eet of the si de and rear I of I i ne, a buff er of at I east ei ght (8) f oot hi gh trees or shrubs must be planted and maintained in a healthy condition by the owner of the property in perpetuity. A six (6) foot stockade fence must be erected along the side and rear property lines to physically separate the residential zone from the Corridor Development District areas. The Planning Board may specify the type and species of natural buffering required. 5. Building Foundation: A minimum three (3) foot wide landscaping strip must be installed al ong the entire length of each building foundation wall, except at points of entry/exit, I awf ul I y required fire access points, loading/receiving bay areas, and any other structural ameni ti es necessary and ordi nary to the use of the bui I di ng. 6. The Planning Board shall have final discretion in determining if sufficient landscape screeni ng and buff eri ng of varyi ng depth and hei ght has been provi ded. 7. A I I requi red screeni ng, as descri bed i n i tems 1 through 6 above, shad I be mad ntai ned i n good condition at all times and in perpetuity. May 13, 2008 Page 72 16.8 Lighting and Signs 1. A I I outdoor I i ghti ng shad I be desi gned so as not to adversel y i mpact surroundi ng uses and resi dent i al properties, while also providing a sufficient level of illumination for access and security purposes. Such lighting shal I not blink, flash, osci I I ate or be of unusually hi gh i ntensi ty of bri ghtness. 2. Parking areas shall be illuminated to provide appropriate visibility and security during hours of darkness. 3. Any outdoor lighting fixture newly installed or replaced shall be shielded so that it does not produce a strong, di rect I i ght beyond the property boundari es, and shat I be di rected toward the obj ect or area to be i I I um i nated. L i ght shad I be di rected away f rom resi dences. Where a lot abuts a residential zoning district, additional screening measures may be required at the discretion of the PI anni ng Board. 4. L i ghti ng of the si to shad I be adequate at ground I evel f or the protecti on and sal'ety of the publ i c i n regard to pedestri an and vehi cud ar ci rcul ati on. The gel are f rom the i nstal I ati on of outdoor lights and illuminated signs shall be contained on the property and shall be shi eel ded f rom abutting properties. 5. Landscape screening shad I consist of planting, including evergreens, the plantings to be of such height, depth as needed to sufficiently screen from view abutting residential areas any unshielded I i ght source, either inside or outside. 6. All signs shat I conform to Section 6.6(D) Business and Industrial Districts. 46-.8 16.9 Submission of a Special Permit Application and Plan Procedures for submi ssi on of appl i cati on and pl an: 1. The applicant shall fide eight (8) copies of Corridor Development District Plan, supporting materials, filing and outside engineering review escrow fees, and three (3) copiesof theform titled "Corridor Development District Special Permit Application" to the Planning Board. The Town Planner shall certify that the plans and materials submitted have been time stamped by the Town Clerk's Office and meet the submittal requi rements. 2. The Planning Board, within sixty-five (65) days from receipt of the plan by the Town Clerk, shall determine whether the proposed project is generally consistent with criteria of the paragraph 16.1 of this Section. The Planning Board will review the plans during a public hearing process and will receive comments from the public, other Town Departments, and the applicant. 3. The appl i cant must f of I ow the procedures f or obtai ni ng a Sped al Perm i t as set f orth i n Section 10.3 of the Zoning Bylaw. 4. If applicable, the applicant must follow the procedures for Site Plan Review under Sect ion 8.3, Site Plan Rev i env. X916.10 Parking Requirements The Planning Board, at its sole discretion, may waive required parking spaces if it determines that the permi tted use may al I ow f or I ess than the zoni ng mandated parki ng requi rement. The PI anni ng B oard may consi der one of the f of I owi ng i n i is determ i nati on: 1. The eel i m nati on of up to 25% of the requi red parki ng spaces to be constructed. 2. The el i mi nati on of up to 25% of the requi red parki ng spaces to be i niti al I y constructed, but requi res an adequate area f or f uture spaces shout d they be requi red at a I ater date. May 13, 2008 Page 73 3. The el i mi nati on of up to 25% of the requi red parki ng spaces to be i niti al I y constructed, but requires an adequate area for f uture spaces should they be requi red at a later date due to a change of use. 161 A 16.11 Change of Use Subsequent to Granting of Special Permit Sped al Permi is granted under any Corri dor Devel opment D i stri ct shal I be subj ect to a nevi public hearing for a nevi Special Permit if, i n the opinion of the North Andover Zoning Enforcement Officer, a change of use occurs and the initial Special Permit was granted a parki ng wai ver under Se4+eR-4-6-9 Sect on 16.10 herei n. ISI1 16.12 Use of Existing Structure on Existing Lot 1. Upon review, the Planning Board may waive some or all of the special permit requirements outlined herein if a proposed change of use from residential to the Corri dor Development District permitted use, results in no substantial change to an existing structure and is located on the same dimensional lot that existed prior to creation of any Corridor Development District. 2. To encourage the continued use of existing industrial and commercial structures and provide additional flexibility to landowners within the CDD3, an applicant may apply to the Zoning Board of Appeals for a Special Permit to expand the gross floor area of the non-conforming industrial and commercial structure(s) by up to twenty-five (25%) as existed on the date of enactment of the CDD3. The expansion permitted by the this Special Permit shall not be considered obi ecti onabl a or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, disturbance, or in any way obi ecti onabl e to or detrimental to any resi denti al use wi thi n the nei ghborhood. After such approval has been obtai ned f rom the ZBA, the appl i cant must obtai n a Si to PI an Sped al Perm i t as requi red under Secti on 16. 4216.13 Dimension and Density Requirements 4416.13.1 Corridor Development District 1 1. Minimum lot size. 43,560 sq. ft. 2. M i ni mum f rontage. 150 f eet. 3. M ax mum I of coverage i ncl udi ng bui I di ngs, dri veways, and parki ng areas: 70%. 4. Maximum building coverage. 50%. 5. M evi mum hei ght, not to exceed three(3) stori es above ground: 35 feet. 6. M i ni mum bui I di ng and structures f ront setback: 10 feet. 7. Minimum building and structures rear setback: 20 feet. 8. M i ni mum bui I di ng and structures si de setback: 15 9. M i ni mum bui I di ng and structures where I of abuts resi denti al zoni ng di stri ct: 20 f eet. 10. M i ni mum di stance between bui l di ngs. 10 f eet. 11. M i ni mum usabl a open space requi rements: 30% of mi ni mum I of si ze. 12. Floor area ratio: 0.75:1. IG 12 Corridor Development District 2 1. Minimum lot size. 87,120 sq. ft. 2. M i ni mum f rontage. 250 f eet. May 13, 2008 Page 74 3. M ax mum I of coverage i ncl udi ng bui I di ngs, dri veways, and parki ng areas: 70%. 4. Maximum building coverage. 40%. 5. M ax mum hei ght, not to exceed three(3) stori es above ground: 35 feet. 6. M i ni mum bui I di ng and structures f ront setback: 10 feet. 7. Minimum building and structures rear setback: 25 feet. 8. M i ni mum bui I di ng and structures si de setback: 15 9. M i ni mum bui I di ng and structures where I of abuts resi denti all zoni ng di stri ct: 20 f eet. 10. M i ni mum di stance between bui l di ngs: 10 f eet. 11. M i ni mum usabl a open space requi rements: 30% of mi ni mum I of si ze. 12. Floor area ratio: 0.75:1. 16.13.3 Corridor Development District 3 1. Minimum lot size. 108,900 sg. ft. 2. M i ni mum f rontage. 250 f eet. 3. M ax mum I of coverage i ncl udi ng bui I di ngs, dri veways, and parki ng areas: 70%. 4. Maximum height, not to exceed forty-five(45) feet above grade. 5. M i ni mum bui I di ng and structures f ront setback: 15 feet. 6. Minimum building and structures rear setback: 30 feet. 7. M i ni mum bui I di ng and structures si de setback: 20 8. M i ni mum bui I di ng and structures where I of abuts resi denti all zoni ng di stri ct: 35 f eet. 9. M i ni mum di stance between bui I di ngs: 10 f eet. 10. M i ni mum usabl a open space requi rements: 30% of mi ni mum I of si ze. 11. Floor area ratio: 0.75:1. May 13, 2008 Page 75 Amending Table 1 Summary of Use Regulation to Read as Follows Table- 1: Summary Of Use Regulations H�es�errtual �ristrruesa Yrr�rrstr"raPl lt*ern utte d Usti t-3 4 R6, R B 3,'pk4 V C;'Goa hC",IllµDI i t t 1h, p12, 13, 'IS �Lgn�'dll Use,*; Y Y Y Y Y Y Y Y Y 7w Y Y N .: Y e �N oY Y Y Y.: Art wall a :'� :`w ...'.`'w :� ...SP Y' Y Y' Y Y ... Y Sp* Y Y e Y AY' Y' Y' ,�i ut,m errica Station* :w, :^w :� :ti _ N Y* Y* N N Y w, N :^t e :ti Y* N Sp' Auto,&Vehmci Rl hee (B,o N _ '�d N N___ Y N N _ N s *w ,N Y N__ N Buscarage :"a :w : :"wr :`,�r N :"w� :'w N Y :"w� N o Y' :'� Y Busyness s oth l�tpices :« :« N N i N* Y Y Y Y Y Y. Y Y v Y :Y Y Y Y tb6grae ate'Houiiing, :^w Sp :� :N :^d :wT :�T : wT :�T Sp :wT e :� °"~'''d :^a :` `o�g Care Refi em Center Y* N _ �w *w _ "T _ .wd Y .wd - N _ .wd *w N Y'w_ N E"atm � Est � N , _ 'w N* SP` N* Y Y N* Y i SP* 1 Y Y A N* * Sp, py'Jln ,F Ior fu :"w N N Sp :"d Y Y N Y Y Sp* Y Y Y 'N N "q urlf uruarse Y Y Y Y Y N :w+T N '`a N `� ,Y. '4T o Y o Y Y' Y Y Guest Houwse Pw Y Y Y Y :`,1 2d �N id_ ,t 1 _ 2d a °w i'w N IN ffndeperraterittdemly Housiog Y :^a N :ti :'wT :'d :N :'wT N :N :'wT :^w :�T :N e :`v pN :^a :`� N ]E�uAlaoc glace of Amusement tt or Assemmib r` N N *� * hT :'�T Y Y' *� Y _ Y N N Y Y -,\ N Indo,orkiSkatingFacility N N N N N 1 N N N N N N N Y s Y �p Sp SP, *� Lumber,lFuet,S or Conrrhrmlrrttoes turd, N N N :ti :"d :"d :"N :"d N Y Y N N N o :v °d Y Y Y 1" anu$a, g* N i w l^w N N N 'wT N N 'wT N "^w N N s N :Y Y Y i Medical enters" N :°d Yes N N Y Y' Y' Y Y IN Motel ar He+tel. :� :^a :"� Sp._ :'�T twT :�T Y* :'wT._ N Sp* N :'wT e Y � :^a N_ N_ 1 uulltu-FarnAy 1 €rAngs&eta,. N N Y** Y* Y Y Sp :hT Yes N :hT SP* :hT N e *w -N N Yes N 1"utmuvuc al.R,ecfealfion�,A.r'e6, Y Y' Y N Y :"d :"N :"d : :"N Y` Y Y v Y N New Kati Sales* �N :°w °w N :°d Y' N Y Y :°w N :°d : � �T ' N N Non-Profit Sthoot, Y Y Y Y Y Y Y Y Y Y Y Y. Y; Y v Y o Y Y Y Y umsing onvAes,cmt Ho=ei* Sp Sp Sp SP Sp N N N Y N N Sp N :'� s *w N N *w� N �Yne-f�armi�lfy e�1 g Y Y Y Y Y Y N x'w N ' Y N _ N 'w '4 'w_ Personal`services" fu :"w N T:* SP* Y' Y Y' ', * Y' Y :"w Y Y' : Y gw*,....N* -v.�T.*� * Places of Worship, Y Y Y Y Y Y . Y Y Y Y Y Y. Y i e Y o Y Y Y Y pirating&Reproduction N N N N SP* N Y Y Y Y i :� :'� Y o Y oY Y Y Y pn�'ateSidhaolforProfit Sp Sp Sp Sp Sp :'wT Y Y Y Y._ Y Sp Y` Y e Y oY Y Y_ Y__ p msional fees* * N.* N* Y* Y* Y Y Y Y Y_ Y Y Y �Y. Y, Y,_ � )<�rlalic&luarlwlhrr rim 1Gs Sp Sp Sp Sp._Sp Y... Y Y Y Y._ Y Sp Y' Y e Y e Y Y Y Y Public Garages&A easa Buildings N N N * N N N N N N N :�T N l *� N Y N purblhlcS,e ndc,,Co paaation :"w :"w :"w :v Sp :^�T :"d :°w :"w Y Y, v Y I' :"w Y' alucSrurnitamy)C msaVSite , N N Yes *w N :� N N *w N . N N N N 3 *w N Y' . N hiblic'Sttuma e of ..,ent N '.`w' Yes "t"w N N N :'�l "y''w' N N '.^w' N N e N N N Y Re reationAma Sp Sp SP SP Sp' SP Sp Sp SP Sp Sp' Sp "� Y' o Y §p Sp Sp' pesear�ch&DeuTelopmentpacii�ties :^w :^w :� :ti Sp :� :'� Y Y Y Y N_ N N a Y ,Y Y Y Y MetaillEsitabishvient, N ,� '"vT.* Sp Y * * *. * , .".^w Y Y' '.*T� Y Y' Sp' Y Y' a Y �°*.....N°®. �T:* �:.. fll�arrruumgHvusr; Y* Y* Y* Y*_Y'* :^wT . :"N :'wT :`w Y* :�T :^N a :v °N :^a :`w Taxi&D urt N N Yes *w "kT N _ Y Y r"w Y_ Y '.^w' "kT _ N a _*w :.N N r"w N- p�aw n prose '°w '°w N Y Y `.vT Sp N �w N �T '°w N N e N 'N iw NT Two Fmidy)C ar�g :w; Sp*. Y Y Y Y zd r zd . Sp* zd a *w °'N �w *w Vetetinaty Haspittal*Kemell :^w :^w :v :'�T :'wT ..:vT :'�T : vT :'�T N_ :N :°N a Y N Y' :�w N arehousing�'e'�bolesding :^w :^w :� :ti :�T :'�T . :'wl :�T :� Y Y N_ :wT :'wl e Y N* Y :w e Y b Care Center" Sp Sp Sp Sp Sp Sp Sp Sp Sp Sp Sp Sp N Sp e Sp gyp Sp Sp Sp Sp- _Uoww°able with a Specialpemut otil'' Mote: '.this "hart is for swiiiiiafv itafotiiiation purposes only and is not a substitute for the detailed District t_fse S.epula ions in Section 4 oftlus Bylaw. See detailed District Use regulations iii Section 4 of this Bylasw. "* 0.rAv,,with the provision of publicly owned and maintained sewers or Town approved and accepted private sewwers I;see pddmcte l?of Table? and wwithno u7ucre than i dwwellin units per structure May 13, 2008 Page 76 Amending Table 2 Summary of Dimensional Requirementsto Read as Follows Table 2:Summary Of Demensional Requiremenrts....... '....Itea. Rwa: &mss Itu, 'x'g11aHe,:: a.i Ite®. R. Hnii. 3,i 3,i 'vm.,c PCs 0me l em enn 1"" Irid b& T dL 1 3 3 14 A:za fYdA" 3Qd1 R7i 5 1 3 Z'� A4 :+C.—� f.. 1 2 a 'j, , i 3 3" N®N Are, s'1"'_0 43 SG0 "'_7 O0® 12,00 R,560 .: 130,650 25 P00 21 IVOP 120.ODD so P00 .�0o P00 15-0IV00 27 D® R3 360 s�t'0: t0s 300 s0.P00 sa1D0P <371S0P`57V,P00.; AIM.S,F Y3:360 HsTglrl 35 35 35 35 35 35 35 y� 60 10 •1-Y {.� 35 v� FI 55 55 55 55 Max# �'M1e+etp'Fmnia�gc.. F5 IN U5 100 s3 L1i> 150 L5ptt1'Y 125 125 300 200 200 300 LS 150 259 Um 250 150 150 150 150 # FVmpi xlf�aek 30 30 30 30'x 25 34 25 30 25 10P 50 50.a H t�;✓.i? 100 25 t0 LY' t0 Y'' 1; 50 50 D00 Lid' 3P Mw bBcSlsaek. 30 30 30 1 9 d5 .,: Y5 '>0 7 .. 7 �t 4i A¢in. ..... " 20' 2v' S0{- x0C=r 3..x..[�t M 29 Y9 t7 ? TO 541" 50 200• 20?7 Fsas,reA'bacic 30 30 30 30 3@ 3U 30 ,.`L) 1. 50 .«,1) 50 20 30 '1� A1Ur t# 30' ,0`} 50:i �. 3•�) �. ? 4"t 50 3p�p e' 30°',?t P.drMm „w Si.-1. SrA h k NA @751 .1�) 030.V @ 5:1 ®4401 1501 'v9 0'3V "7-'>� 0'Yt 0771: 0'31 050.V 050:1 ®501 0501 � dA�Ym:."� 025.i"' Do-tldrirr e N A N.1, NA N 1, 2r_: 2aao 20k. 30�. 301 2P. 25k. 2 35N 7no 0a Qo, 35k 3,411; ,. e 9-tungU" IkcnaNg \A N A A 9§ V'scse.(t=) "adt••-g'yn;t.'' 9"acre N N 4 N:_AL NA NA N A '3:A 'w A N,_§ NA N A N AL N:_AL NA A+ledJAaae II'—House Y¢n abc 25 o "'Iho sta.•ia,�.ot tc ""R tn5etinaiu&I(13Yan384 f6Y xxa tali D,-ic.t U�A=_niLativava Pte .n to 4o obr caitienxl arnut�mi..... Or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: To Be M ade at Town M eeting Finance Committee Recommendation: To Be M ade at Town M eeting Planning Board Recommendation: To Be M ade at Town M eeting FI NANCE COM M I TTEE EXPLANATI ON: Article 37 seeks to amend the zoni ng by-I avr by adding a thi rd Corridor Development District (CD D3). This district differs in the uses that are al lowed, required lot sizes, and frontages, as wel I as differing regulatory requirements. In addition to the uses al lowed in (CD D 1) and (CDD2), this district will allow drive through restaurants outdoor place of amusements prof essi onal off i ces wi th dri ve through f aci I i ty, medi cal center, motel and hotel, and day care centers. May 13, 2008 Page 77 Article 38. Amend Zoning Map - Rezone Rte. 125 / Osgood Street Between Barker's Farm and Boundary of Haverhill -Corridor Development District 3 (CDD3). To see if the Town will vote to amend Zoning Map of the Town of North Andover pursuant to Section 3.2 to rezone twenty-nine(29) parcels fronting Route 125/Osgood Street, Bradford Street, Beechwood Drive, and Orchard Village Road from their current zoning designations to Corridor Development District 3. Said parcels begin at Map 34, Parcel 10(Barkers's Farm) and terminate at Map 61, Parcel 39 (boundary of Haverhill and North Andover). ➢ To rezone fifteen (15) parcels of land, consisting of approximately 27.6 acres, with land fronting Osgood Street and Bradford Street beginning at the Haverhill and North Andover Town boundary I i ne and extendi ng easterl y and southeasterl y by a I i ne paral I el to and di scant 500 f eet easterly f rom the centerl i ne of Rte. 125/ Osgood Street to and i ncl udi ng Assessor's Map 34, Parcel 41 with the folIowing exceptions: • The Corridor Development District 3 Zoning designation shad I be extended to include the enti re property boundar es of M ap 61, Parcel 38. • The Corridor Development District 3 Zoning designation shad I be extended to include the enti re property boundar es of M ap 61, Parcel 66. • M ap 34, Parcel 31 shad I be zoned ent i rel y Resi dent i al 2. • M ap 61, Parcel 22 shad I be zoned enti rel y Resi dent i al 2. These fifteen (15) parcels of land are shown with the fdlowingstreet address and on the Town of North Andover Assessors Map as map and parcels to change from their current zoning designation of Industrial S to Corridor Development District 3: ■ 721 Osgood Street—M ap 61, Parcel 8 ■ 1679 Osgood Street—M ap 61, Parcel 16 ■ 1719 Osgood Street—M ap 61, Parcel 17 ■ 0 Osgood Street—M ap 61, Parcel 18 ■ 0 B radf ord Street—Map 61, Parcel 38 ■ 1755 Osgood Street—M ap 61, Parcel 39 ■ 1701 Osgood Street—M ap 61, Parcel 66 ■ 1659 Osgood Street—M ap 34, Parcel 1 ■ 1635 Osgood Street—M ap 34, Parcel 2 ■ 1627 Osgood Street—M ap 34, Parcel 3 ■ 1591 Osgood Street—Map 34, Parcel 4 ■ 1609 Osgood Street—M ap 34, Parcel 28 ■ 0 Osgood Street—M ap 34, Parcel 31 ■ 1581 Osgood Street—Map 34, Parcel 41 ■ 1615 Osgood Street—Map 34, Parcel 44 ➢ To rezone twelve (12) parcels of land fronting Osgood Street and a certain parcel located within 1000 feet of Osgood Street beginning near intersection of Beechwood Drive and Osgood Street at Assessor's M ap 34, Parcel 42 to and including Assessor's M ap 34, Parcel 26 and consisting of approximately 40.8 acres May 13, 2008 Page 78 These twelve(12) parcels of land are shown with the following street address and on the Town of North Andover Assessors Map as map and parcels from their current zoning designation of I ndustrial 1 to Corridor Development District 3: ■ 0 B radf ord Street—Map 61, Parcel 6 ■ 45 B eechwood D rive- Map 34, Parcel 6 ■ 49 Orchard V i I I age Road - M ap 34, Parcel 8 ■ 1451 Osgood Street—M ap 34, Parcel 9 ■ 1475 Osgood Street - Map 34, Parcel 16 ■ 0 Osgood Street—M ap 34, Parcel 25 ■ 1429 Osgood Street—M ap 34, Parcel 20 ■ 0 Osgood Street—M ap 34, Parcel 26 ■ 1551 Osgood Street - Map 34, Parcel 42 ■ 0 Beechwood Drive—Map 34, Parcel 50 ■ 45 B eechwood D rive- Map 34, Parcel 51 ■ 25 Orchard V i I I age Road - M ap 34, Parcel 52 ➢ To rezone a parcel of land with frontage on Osgood Street, shown on the Assessor's M ap 34, Parcel 7 and consisting of approximately 2 ac resfrom Business 2 to Corridor Development District 3. ➢ To rezone a portion of a parcel of land shown on the Assessor's M ap 34, Parcel 10 from Industrial 1 to Corridor Development District 3 beginning from the westerly and southwesterly boundaries of the property to a line parallel to and distant 1,100 feet running north and westerly from the centerline of Barker Street. May 13, 2008 Page 79 All Shaded Parcels .gAo Rezoned to CDD3 p64app5 061.0-00 QOO'hS \ 1.0. o-o- app3 ��p. OGY \ ppp68 oosl �0 p� _—' — 006A OG1 oY of � i\ b 6 v opgry ob 0"s v \D Lo- ob.o-oo. i 034.0 00�s R 0�0-00 � ,1, 4 0..0-0.4 ��, � -000 03A' `/;g 0 —.o-o d' 8 oei.o-0o obio-o� A d osa.o-oois 'I o o � � Planning Board Board of Selectmen Recommendation: To Be M ade at Town M eeting Planning Board Recommendation: To Be M ade at Town M eeting May 13, 2008 Page 80 Article 39. Amend Zoning Bylaw Section 8.1 Off-Street and Section 8.4 Screening and Landscaping Requirements for Off-Street Parkincc To see if the Town will vote to amend Zoning Byl air Section 8.1 Off-Street and Section 8.4 Screening and Landscaping Requirements for Off-Street Parking in order to create a revised parking and screening regulation within all zoning districts. And in connection therewith, amend Section 8 Supplementary Regulations by replacing Subsection 8.1 Off Street Parkingwith thefdlowing languagetoread asfdlows SECTION 8 SUPPLEMENTARY REGULATIONS 8.1 Off Street Parking and Loading 1. Intent of Parking Requirements It is the intention of this Byl atr that all structures be provided with sufficient off-street parki ng space to accompl i sh the f of I owi ng: a) Meet the needs of persons employed at or making use of such structures, b) Maximize the efficiencies of parking facilitiesand uses, c) Ensure that any I and use i nvol vi ng the arri vat, departure, or storage of motor vehi cl es on such land be so designed as to reduce hazards to pedestrians and abutters, d) Reduce congesti on i n the streets and contri bute to traff i c safety by assuri ng adequate space for parki ng of motor vehi cl es off the street; e) Provi de necessary off-street I oadi ng space for al I structures requi ri ng the I arge-vol ume del i very of goods; and f) Promote better si to desi gn through the use of f I ex bl e parki ng standards. 2. Applicability. a) No permit or certificate of occupancy shat I be issued by the Inspector of B ui I di ngs f or (1) a near structure, or (2) change of use, or (3) the enlargement, reconstruction, alteration, or relocation of an existing structure, or (4) the development of a land use, unless off-street parking and loading f aci I i ti es have been laid out and approved in accordancewith the requirement set forth in Section 8.1. b) The Planning Board shall be the Special Granting Authority (SPGA) for all Special Permits under Section 8.1.9 and parking facilities that require a Site Plan Review Special Permit under Sections 8.3 and 10.3 of this Bylair. 3. Special Regulations a) Any use in existence or Iatrfully begun on the effective date of this Section is not subj ect to these parki ng requi rements, but any parki ng faci I i ty thereafter establ i shed to serve such use may not i n the f uture be reduced bel ow the requi rements contai ned i n this Section. b) Changes of use of a structure that does not conform to these parking requirements are permitted without being subject to these requirements provided that the new use does not require more parking than the former use and the property has been vacant or unoccupied for no more than three(3) years. May 13, 2008 Page 81 c) If the Inspector of Bui I di ngs i s unabl e to identify a use with one(1) or more of the uses in the schedule below, an application shall be made to the Planning Board for the purpose of determining a sufficient quantity of parking spaces to accommodate the vehicles of all customers, employees, visitors, occupants, members or clients consistent wi th the provi si ons contai ned i n the schedul e bel ow. 4. Off-Street Parking General Requirements a) Number of Spaces Required. In all districts, unless otherwise stated herein, off-street parki ng spaces shad I be provi ded and mai ntai ned i n connecti on wi th the constructi on, conversion, or increase in units or dimensions of buildings, structures or use, such spaces to be provided in at least the following mini mum amounts provided in the following Table of Off-Street Parking Regulations and accompanying notesbedow. Table of Off-Street Parking Regulations Use Parking Spaces Required Residential. Si ngl e-Fami l y Dwell i ng Uni t 2 per dwel l i ng unit Multi-Family Dwelling Unit Studi o 1.25 per dwel I i ng unit One Bedroom 1.5 per dwel I i ng unit Two or More Bedrooms 2 per dwel I i ng unit Accessory Dwel I i ng U nit 1 space per dwel I i ng uni t SI eepi ng Room 1 space per unit or room; plus 2 for owner/manager 1.25 per guest room; plus 10 per ksf restaurant/I ounge, plus 30 per ksf Commercial Lodgings meeting/banquet room (<50 ksf per guest room) or 20 per ksf meeting/banquet room (>50 per guest room) Elderly Housing Independent Unit 0.6 per dwelling unit; plus 1 per 2 employees Elderly Housing Assisted L i vi ng 0.4 per dwelling unit; plus 1 per 2 employees Group, Conval escent, and N ursi ng H omes 1 per room; pl us 1 per 2 empl oyees Day Care Center 0.35 per person (I i censed capaci ty) 0.4 per employee; plus 1 per 3 beds, Hospital/Medical Center plus 1 per 5 average daily outpatient treatments, plus 1 per medical staff; plus 1 per student/faculty/staff Retail/Service Grocery (Freestanding) 6.0 per ksf GFA May 13, 2008 Page 82 D i scount Superstore/Cl ubs(Freestandi ng) 6.0 per ksf GFA Home Improvement Superstores 5.0 per ksf GFA Other Heavy/Hard Good (Furniture, 3.0 per ksf GFA Appliances, Building Materials, etc.) Personal Care Faci I it i es 2 per treatment station, but not less than 4.3 per ksf GFA Coin-Operated Laundries 1 per 2 washing and drying machines 2.7 per ksf GFA interior sales area, Motor Vehicle Sales and Service plus 1.5 per ksf GFA interior or storage/di splay area, plus 2 per servi cE bay M otor V ehi cl e L aundri es/ Car Wash 2, plus 1 per each 2 peak shift employees Other Retai I N of Otherwi se L i sted Above 3.5 per ksf GFA Food and Beverage Restaurant (non-fast food and/or with n . 15.0 per ksf GFA dri ve-through f aci I i ty) Fast Food 15.0 per ksf GFA Fast Food (with-drivethrough facility) 12.0 per ksf GFA Office and Busi ness Servi ces Data Processi ng/Tel emarketi ng/Operat ions 6.0 per ksf GFA Medical Off ices(multi-tenant) 4.5 per ksf GFA Clinic (medical offices with outpatient 5.5 per ksf GFA treatment: no overnight stays) Veterinary Establishment, Kennel or Pet 0.3 per ksf GFA Shop or Simi I ar Establ i shments Bank Branch with Drive-in 5.5 per ksf GFA Funeral or Undertaking Establishment 0.05 per ksf GFA Other Business or Office Uses Not 3.0 per ksf GFA Otherwi se L i sted Above I ndustrial R&D establ i shment, manuf acturi ng, 0.8 per ksf GFA i ndustri al servi ces, or extracti ve i ndustry I ndustri al 2.0 per ksf GFA Manufacturing/Light Industrial (Single-Use) 1.5 per ksf GFA Industrial Park (Multi-tenant or mix of 2.0 per ksf GFA service, warehouse) Warehouse 0.7 per ksf GFA Storage 0.25 per ksf GFA Other Industrial and Transportation Uses As determined by the Planning Board, Not Otherwi se L i sted but not I ess than 0.25 per ksf GFA May 13, 2008 Page 83 Governmental and Educational Elementary, and Secondary Schools 0.35 per student; plus 1 per 2 employees College University Determined by parking study specific to subject institution Cultural/Recreational/E ntertai nment' Publ i c A ssembl y 0.25 per person i n perm tted capaci ty M useum 1.5 per 1,000 annual vi si tors L i bray 4.5 per ksf GFA Religious Centers 0.6 per seat Single-Screen- 0.5 per seat; Up to Ci nemas screens. 0.33 per seat; 5 to 10 screens- 0.3 per seat Theaters(live performance) 0.4 per seat Arenas and Stadiums 0.33 per seat 50 per nine (holes); plus the parking Golf Course or Country Club requirements for food or beverage uses described above Health Clubsand Recreational Facilities 2 per player or 1 per 3 person permitted capacity Acsary Uses 1 per room used f or off i ce, or Home Occupati on or Home Off i ce occupation space, plus 1 per non- resi dent empl oyee; pl us 1 per dwel I i n unit Notes: 1. ksa equal s 1,000 square f eet. 2. Where the computati on of requi red parki ng spaces resul is i n a f racti onal number of 0.5 or above, the required number of parking spaces shall I be rounded up to the next whole number. 3. Where f i xed seats are not used i n a pl ace of assem bl y, each f i f teen (15) square f eet of f I oor area i n the I argest assem bl y area shall I equal one(1) seat. 4. Where uses are of the open-ai r type and not enclosed in a structure, each square f oot of I of devoted to such use shall I be consi dered to be equi val ent to one f i f th of a square f oot of gross f I oor area 5. Where devel opment of a si to resul is i n the I oss of on-street parki ng spaces, the number of on-street parking spaces lost shall be provided on the site, in addition to the number of spaces requi red for the use unless otherwise stated herei n. May 13, 2008 Page 84 6. The Planning Board shall have the discretion to allow between 4 - 6 parking spaces per 1,000 square feet of Gross Floor Area for retail development in the Village Commercial District. 7. 1 n appropri ate ci rcumstances, where the provi si on of adequate off-street parki ng i s not otherwi se f easi bl e, the PI anni ng Board may i ncl ude on-street parki ng wi thi n the determination of adequate parking arrangements for a particular use, particularly in the so-called Downtown Area whi ch for the purposes of this Section shall be defined as the following areas: (i) Main Street from Sutton Street to Merrimac Street, i ncl udi ng 200 f eet f rom M ai n Street on the f of I owi ng si de streets; Waverl ey Road, Fi rst Street, Second Street, and School Street; (i i) Sutton Street f rom M ai n Street to Charles Street; (iii) Water Street from Main Street to High Street; and, (iii) High Street from Water Street to Prescott Street. b) Able Parking Parking facilities shall provide specially designated parking stalls for persons with disabilities in accordance with the Rules and Regulations of the Architectural Access Board, as amended (521 C.M.R.) implemented by the Architectural Access Board of the Commonweal th of M assachusetts Executi ve Off i ce of Publ i c Saf ety and Securi ty or any agency supersedi ng such agency. Accessi bl e parki ng shad I be cl earl y i dentif i ed by a sign stating that such parking stalls are reserved for persons with disabilities. Said accessi bl a parki ng shad I be I ocated i n the porti on of the parki ng I of nearest the entrance to the use or the structure, whi ch the parki ng I of serves. Adequate access for persons with disabilities from the parking area to the structure shed be provided. To the extent that any provision of this Section 8.1 conflicts with the Rules and Regulations of the Architectural Access Board (521 CM R), the Rules and Regulations of the Architectural Access Board shat l govern. 5. Design Standards All required parking areas shall have minimum dimensions as f of lows: a. Dimensions of Parking Spaces and Maneuvering Aisles On any lot in any district, parki ng spaces and maneuveri ng ai sl es shal I have the mi ni mum di mensi ons set for the in the following table and Section 8.1, unless specifically stated elsewhere in this Bylaw and/or as modified upon the recommendation of the Planning Board. M inimum Parking Space and Aisle Dimensionsfor Parking Lots(in feet) M i nl MOM Mini mum M aneuverl ng Aisle Width Angleof Barking StalI Width Stall Depth Setback,,Fr6m Maxlmumcurbout One-Way TWO-Way hat Line 76-90 Degrees 9 18 3 25 20 25 61-75 Degrees 9 18 3 25 22 46-60 Degrees 9 18 3 25 16 45 Degrees 1 9 1 18 1 3 1 25 1 20 Parallel 1 8 1 22 1 3 1 1 12 b. Vehicular and Pedestrian Circulation Pedestrian walkways, dri vEways, and parking areas shall be designed with respect to topography, integration with surrounding streets and pedestrian ways, number of access May 13, 2008 Page 85 poi nts to streets, general i nteri or ci rcul ati on, adequate wi dth of dri ves, and separati on of pedestri an and vehi cul ar traff i c so as to reduce hazards to pedestri ans and motori sts. c. Entrance and Exit Driveway. i) Single-f am i I y dwellings shall have a minimum driveway entrance of twelve (12) f eet. ii) For f aci I i ti es contai ni ng f ewer than f i ve stal I s, the mi ni mum wi dth of entrance and ex t dri ves shad I be twel ve(12) f eet f or one-way use and ei ghteen (18) f eet f or two- way use, and the maximum width twenty (20) feet. iii) For facilities containing five (5) or more stalls, such drives shall be a minimum of twelve (12) feet wide for one-way use and twenty (20) feet wide for two-way use. The mi ni mum curb radi us shad I be f if teen (15) f eet. The maxi mum wi dth of such dri veways at the street I i ne shad I be twenty-f i ve(25) f eet i n al I di stri cts. iv) The Planning Board may modify such width and radius limitations when a greater wi dth woul d f aci I i tate traff i c f d ow and saf ety. A I I such dri veways shat I be I ocated and designed so as to minimize conf d i ct with traffic on public streets and provide good visibility and sight distances for the clear observation of approaching pedestri an and vehi cud ar traff i c. d. Surfacing, Drainage, and Curbing Parking areas shall be graded, surfaced with asphalt, concrete, or other suitable non- erosive material, and drained in a manner deemed adequate by the Planning Board to prevent nuisance of erosion or excessive water f d ow across public ways or abutting properti es, and natural drai nage courses shat I be uti I i zed i nsof ar as possi bl e. Curbi ng, wi th the addi ti on of guardrai I s wherever deemed necessary by the PI anni ng Board, shad I be placed at the edges of surfaced areas, except driveways, in order to protect I andscaped areas and to prevent the parki ng of vehi cl es wi thi n requi red setback areas. Entrance and ex t dri v6ways shat I be cl earl y de#i ned by curb cuts, si gns, and stri pi ng. All curbing installed within the public way of such dri vEways shall be of granite. Design standards and specifications for parking surfacing, drainage and curbing shall be those set forth in the Rules and Regulations Governing the Subdivision of Land in the Town of North Andover, as amended, unl ess wad ved or modif i ed by the PI anni ng Board in accordance w i th Section 8.1.8. e. Loading Bay Requirements i) In all districts, unless otherwise stated herein, off-street loading spaces shall be provided and maintained in connection with the construction, conversion, or increase in units or dimensions of buildings, structures or use, such spaces to be provided in at least thefollowing minimum amounts provided below. May 13, 2008 Page 86 Table of Off-Street Loading Regulations Principal First Loadirxg Fadl ty Required Far OneAdditidd Loading Fadl ty Required Area Sham Below For Area Shm n Bdow Dormitory and Hotel/Motel Institutional Uses 10,000 50,000 Recreate on and Fntertai nment Restaurant and Fast Food Otfi ce Uses 15,000 50,000 Retai l Services 5,000 20,000 Personal and Consumer Services 5,000 25,000 Vehi cul air Services Ind stria) Uses 10,000 25,000 Vftl esd a and Storage Uses ii) Unless modified by the Planning Board pursuant to Section 8.1.8 all required loading facilities shall have a minimum dimensions of twelve (12) feet wide, twenty-f i ve (25) f eet i n I ength, f ourteen (14) f eet i n hei ght cl earance, and I ocated, arranged, and of sufficient number to allow service by the type of vehicle customari I y excepted f or the use whi I e such vehi cl e i s parked compl etel y cl ear of any publ i c way or si clewed k. iii) The requirements of this section shall apply to individual users of new and substantially altered structures, provided that when a building existing on the effective date of this Bylaw is altered or expanded to increase the gross floor area by at least five thousand (5,000) square feet, only the additional gross floor area shad I be counted toward the off-street loading requirements. i. Lightingof Parking Areas All artificial lighting used to speci f i cal I y illuminate any parking space, loading bay, maneuvering space, or driveway shall be so arranged that all direct rays from such I i ghti ng f al I enti ref y wi thi n the parki ng or I oadi ng area and shad I be shi e1 led so as not to shine upon abutting properties or streets. The level of illumination of lighting for parki ng and I oadi ng areas shad I be I ow so as to reduce the f I ow of ambi ent I i ghti ng perceptible at nearby properties or streets. 6. Location and Layout of Parking Facilities a) Proximity to Principal Use Requi red off-street parki ng spaces and I oadi ng bays shad I be provi led on the same I of as the pri nci pal or accessory use they are requi red to serve, except as al I owed under Section 8.1.8(d). b) Parking in Structures Require off-street parking spaces or loading bays may be whol I y or partly enclosed in a structure. When part)y encl osed i n a structure, such as i n a bui I di ng on support beams or stilts which are readily visible from a street, all sides of such a building directly facing streets must be fully enclosed with fixed building materials and/or sufficient natural buff eri ng so as to screen the structured parki ng areas f rom the streets. May 13, 2008 Page 87 c) Parking on Rights-of-Way. No parking area or aisles shall be I ai d out on land, which is reserved as a vehicular ri ght-of-way, whether level oped or undevel oped, and whether publ i c or pri vale unl ess otherwise permitted as provided in Section 8.1.4. d) Parking in Required Setbacks No unencl osed parking area shall be allowed within five (5) feet of a front lot line except on a resi denti al dri v6way. e) Village Commercial District. i. Parki ng I ots shad I be provi led onl y at the si de or to the rear of the bui I di ngs. The PI anni ng Board may, at thei r di screti on, al I ow up to 50 spaces, or 25% of the total parki ng, whichever is greater, to be located to the f ront of the structure as long as al I other dimensional criteria are adhered to. i i. N o si ngl a secti on of parki ng may contai n more than twenty-f i ve percent (25%) of the total proposed parki ng spaces or more than f fifty (50) spaces, whi chever i s I ess. As a method of di vi si on, 6' w de parki ng I of i sl ands shad I be i nstal I ed to provi de the proper break between adjacent parking lots. For projects which require less than fifty (50) spaces in total, the Planning Board may allow fifty (50) spaces to be located together if an effective visual buffer is provided. Each landscaped island must be 6' in width at the minimum. In locations where the possibility exists to end age the enti re i sl and or porti ons thereof, the PI anni ng Board woul d recommend that such measures be taken. f) Residential Zoning Districts i. For single- and multi-family dwellings, the front yard shall not be used for parking for accessory uses. i i. Parki ng or outdoor storage of one(1) recreati onal vehi cl e(camper, etc.) and one(1) boat per dwel I i ng uni t may be permi tted i n an area to the rear of the f ront I i ne of the building. All other recreational vehicles and boat storage (if any) shall be within closed structures. iii. Garagi ng of off-street parki ng of not more than four (4) motor vehicles per dwel I i ng unit may be permitted, of which four (4) motor vehicles, not more than two (2) may be commerci al vehi cl es other than passenger sedans and passenger stati on wagons, but not counting farm trucks nor motor-powered agriculture implements on an agriculturally acti ve f arm or orchard on which such vehicles are parked. 7. Exceptions The regulations of this section shall not apply to residential and non-residential uses or structures whose minimum parking under the above schedule would amount to five (5) parki ng spaces or I ess. 8. Special Permits The Planning Board as SPGA, may grant a Special Permit modifying certain parking/loading standards of this Section and/or Section 8.4 (Screening and Landscaping Requi rements f or Off-Street Parki ng), but onl y i n the specif i c ci rcumstances I i sted under "a" through "h" below. The SPGA may grant such special permit only when: (a) consistent May 13, 2008 Page 88 with the purposes set forth in Section 8.1; (b) making the findings and determinations set forth in Section 10.3; (c) making a finding that the requested relief falls within one or more of the categories for the specific relief requested (any of cases"a" through "h" below); and, (d) upon a determination that the relief does not cause detriment to the surrounding neighborhood based upon any of the f of I owi ng applicable criteria (i) I ncrease i n traff i s vol umes; (i i) I ncreased traff i c congesti on or queui ng of vehi cl es; (iii) Change i n the type(s) of traff i c; (i v) Change i n traff i c patterns and access to the si te; (v) Reduction in on-street parking; and/or, (vi) U nsaf e conf I i ct of motor vehi cl e and pedestri an traff i c. If a proposed development or project seeking a Special Permit pursuant to this Section 8.1.8 also requires the granting of a Site Plan Approval Special Permit pursuant with Section 8.3 (Site Plan Review), the conditions and requirements under this Section 8.1 shall be i ncorporated into and combined as a single application, review, and approval process f or a Site Plan Rev i env Special Permit issued in accordance w i th Section 8.3. The surface of the area where parking spaces may be reduced under a Special Permit for thi s secti on shat l be sui tabl e l andscaped but shed I not be used for purposes of sati sfyi ng the Usabl e Open Space requi rements under the Zoni ng Byl air. Ci rcumstances under whi ch the SPGA may grant a Sped al Permi t pursuant to thi s Secti on 8.1.8 are as f of I ows: a) M edification of Parking Requi rements for Non-Conforming Structures, Lots and Uses Where the total number of new parki ng spaces requi red by thi s Byl air i s f i ve(5) or fewer for lots or sites that are determined by the Inspector of Buildings to be nonconforming with respect to parking, as speci f i ed i n Section 8.1. b) M odification of Par ki ngf L oadi ng Area Design Standards Where the design of a parking lot, loading area or aisle width differs from the provi si ons of Secti ons 8.1.5 or other parki ng provi si ons i n thi s Zoni ng Byl air, provi ded such desi gn i s prepared by a cent i f i ed prof essi onal engi neer or archi tect i n the case of a parking garage or other structure, or by a certified professional engineer, architect or landscape architect in the case of a parking lot. Modification of parking design standards may be perm i tted to al I ow "Tandem Parki ng" (def i ned as two parki ng spaces pl aced one behi nd another i n si ngl e f i I e) on a temporary basi s f or purposes i ncl udi ng but not limited to valet parking for restaurant uses, for employee parking, or other purposes upon such terms and conditions as may be acceptable to the Planning Board. c) Municipal Parking Facility. To al low the substitution of space on a particular lot with parking spaces located within a municipal parking lot to satisfy the parking requirements of this Section 8.1.4, provided the municipal parking lot where such parking spaces are located i s wi thi n a distance of five hundred (500) feet of the bui I di ng or use (measured f rom property I i ne to property I i ne), whi ch i s i ntended to be served and demonstration that doing so will not exceed the cumulative peak demand of said muni ci pal parki ng I of i n a manner whi ch i s i nconsi scent wi th the obj ecti ves of Secti on 8.1. May 13, 2008 Page 89 d) Parking on a Separate Lot/Satellite Parking i) Required off-street parking facilities shall be provided on the same lot or premises as the pri nci pal use they are i ntended to serve, or on a lot i n the same ownership adjacent to such use. When practical difficulties, as determined by the SPGA, precl ude the establ i shment of the requi red parki ng spaces on such I of or prem i ses (or lot or premises adjacent thereto), the SPGA may al I ow the establishment of parking on such other lot upon such terms and conditions as the SPGA may deem necessary to ensure the continued availability of such spaces. ii) Where the applicant does not own such other lot, the applicant shall provide executed instruments establishing to the satisfaction of the SPGA that sufficient legal interest has been acquired in such premises to assure their availability for required parking as long as the use served is in existence. The provision of satellite (remote) parking areas, provided that: 1. The sate)I i to parki ng spaces wi I I be used sol el y by the empl oyees and, where practi cabl e, the cl i entel e of the[]use-, 2. The off-site parking spaces shall be located to adequately serve the proposed use and shall be within six hundred (600) feet of the property served for cl i entel e of the commerci al use as measured f rom property I i ne to property I i ne, and, 3. Off-site parking for employees of the business may be located within a distance of one thousand two hundred (1,200) feet, provided that shuttle vehicle arrangements are provided as a condition of the approval. e) Common Parking Areas and Multiple Use Facilities i) Notwithstanding the normal provisions of Section 8.1.4, where two or more activities or uses provide the required parking or loading in a common parking facility or loading area, the number of parking spaces or loading bays ordinarily requi red may be reduced bel ow the sum of the spaces or bays requi red f or separate activities or uses, if it can be determined that the hours, days, or peak parking or loading demand for the uses are so different that a lower total will provide adequately for all uses or activities served by the parking facility or loading bay, and that the location of the parking facility i n relation to the uses proposed to be served by i t i s appropri ate. ii) A Special Permit authorizing such deviation from the normal standard shall only be granted upon submission of calculated parking demand for combined land uses based on methodologies and indices of the Institute of Transportation Engineers, Urban Land Institute, or other recognized methodology approved in writing by the Planning Board. A formal parking demand study may be waived by the SPGA for smal I devel opments where there i s establ i shed experi ence with the I and use mix and i is i mpact i s expected to be m i ni mat. i i i) Where such f aci I i ti es are shared by more than two (2) owners, the appl i cant shat I provide executed and filed instruments with the Registry of Deeds establishing to the sati sf acti on of the SPGA that suff i ci ent I egal i nterest has been acqui red i n such premises to assure that the property(s) have a shared parking arrangement or peak hour parki ng arrangement and the avai I abi I i ty f or requi red parki ng as I ong as the uses served are i n ex stence. May 13, 2008 Page 90 f) Land Banked Parking To reduce the area of impervious surface, encourage open space, accommodate future changes i n I and use and/or ownershi p, and shi f is i n shared parki ng demand, up to f orty percent (40%) of the land area that would otherwise be needed to provide the requi red amount of parki ng may be I and banked or set asi de on the si to to provi de f or the f uture construction of a parking area The parking facility shall be designed/engineered to enable the site to satisfy the requirements of the Section 8.1 to meet the peak demands of the proj ect(s) or use(s). Where i t can be demonstrated by the appl i cant i n the f uture that there is a need to convert all or a portion of the land-banked parking facilities because parki ng demand i s i n excess of 80% of parki ng suppl y on the property, then the applicant may convert the requisite number of land banked parking spaces to functioning parking spaces. For purposes hereof, parking demand shall be demonstrated through a report of the appl i cant's (or the then current owner's traff i c engi neeri ng consultant), as the case may be, certifyi ng that at any ti me duri ng the four- hour peak demand period on a weekday or Saturday, the actual parking demand and utilization is in excess of 80% of parking supply on the property, with actual field site observations being conducted on two separate days during any consecutive 45-day period. Upon the Planning Board's determination the applicant has established the requisite parking need, and upon submission of the report to the Planning Board, the Planning Board may al I ow the conversion of all or a portion of the land-banked parki ng. g) Reduction in Parking Where it can be demonstrated that a use or establishment needs a lesser number of parki ng spaces or I oadi ng bays than i s requi red by Secti on 8.1.4, such as housi ng for persons with disabilities, low rate of vehicle ownership, the availability and implementation of transportation demand management alternatives, or other such circumstances as may be deemed appropriate by the Planning Board, the number of such parking spaces or bays may be reduced by not more than thirty-five percent (35%). An applicant shall submit documentary evidence satisfactory to the SPGA that the parking or loading experience of the speci f i c use j usti f i es a lesser number of spaces or bays. A Special Permit granted under this authority shall lapse upon change to a different type of use unless otherwise determined by the Planning Board, and shall not be considered to constitute a legal nonconformity with respect to parking for any new use. h) Modification of Screening and Landscaping Requirementsfor Off-Street Parking Where it can be demonstrated to the satisfaction of the Planning Board that a plan for screening and landscaping would be enhanced without detriment to the surrounding neighborhood through the waiver or modification of one or more of the screening, landscaping and other criteria set forth under Section 8.4. And in conjunction herein, amend Section 8.4 Screening and Landscaping Requirements For Off-Street Parking by deleting the stricken language and adding the following underlined language: 8.4 Screening and Landscaping Requirementsfor Off-Street Parking May 13, 2008 Page 91 Commercial and Industrial Districts(1987/12) For all commercial and industrial districts the following mini mum screening and landscaping requirements shall apply for al I off-street I ots wi th more than 6 parking spaces, or in any instance when a commercial or industrial off-street parking area of any size abuts a residential district. 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 threeyears. 2. If a natural screen as descri bed in item 1 above cannot be attai ned, a wal I or fence of uniform appearance at least five (5) feet high above finished grade will be allowed. Such a wall and/or f ence may be perf orated, provi ded that not more than 25% of the f ace i s open. 3. A I I requi red screeni ng, as descri bed i n i tems 1 and 2 above, shat I be mai ntai ned i n 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 i n the di stri ct. For al I off-street parking areas of 20 or more spaces the f of lowing criteria shad I also apply. 4. On at I east three si des of the peri meter of an outdoor parki ng I ot, there shad I be pl anted at I east one tree f or every thi rty (30) 1 i near f eet. I n the i nteri or part of an outdoor parki ng I of where two rows of parki ng spaces contai ni ng a total of 10 or more parki ng spaces f ace 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 ai sl a or, 2) i n two or more stri ps paral I el to the spaces and extendi ng f rom the ai sl e servi ng one row of spaces to the ai sl a servi ng the other row of spaces, as i I I ustrated bet ow. Trees requi red by thi s secti on shad I be at I east 3.5 i nches i n di ameter at a hei ght f our f eet above the ground at ti me of planting and shall be of a species characterized by suitability and hardi ness f or location i n parking lot. To the extent practicable, existing trees shall be retai ned and used to satisfy this section. The following graphics are intended as illustrations and examples only and have not been incorporated into the requirements of this Byl avr. (See graph after Tables and Footnotes at end of Bylavr). 5. All artificial lighting used to illuminate any commercial or industrial parking lot, loading bay or dri veway shad I have underground wi ri ng and shad I be so arranged that al I di rect rays f rom such lighting falls entirely within the parki ng, loading or driveway area, and shall be shi el ded or recessed so as not to shine upon abutting properties or streets. Village Commercial Dimensional Requirements In the V i l l age Commercial Zoning District the f of l owing requirements shall be adhered to. The following requirements are only to be placed upon the V i l l age Commercial Zoning District and shall take the pl ace of the proceedi ng regulations found in paragraph 1-5 below: Screening May 13, 2008 Page 92 Objective: Due to the high aesthetic standards to which the architecture shall be made to conform, the mai n purpose of the screeni ng shad I be to screen the parki ng and other accessory structures which may be a part of the development, the Planning Board may require any additional screening as may be reasonably required. a All buffer zones must be designed by a registered landscape architect, or other prof essi onal as approved by the PI anni ng Board. b. The PI anni ng Board recommends that materi al s to be used i n the buffer i ncl ude but not I i mited to the fol I owi ng materi a1: Natural/existing vegetation, natural topography, berms, stone walls, fences, deciduous and coniferous shrubs/trees, perennials, annuals, pedestrian scarf e wad kways, gazebos and other landscape material as it addresses the aesthetic quality of the site. The fined approval of all material used within the buffer zone shall be at the discretion of the Planning Board. c. Parki ng I ots contai ni ng 10 or more spaces shad I be requi red to provi de one tree f or every f i ve spaces. A I I trees shad I be a deci duous m i x of at I east 2.5 i nch cad i per when pl anted. Native trees and shrubs shall be planted wherever possible, in order to capture the"spirit of the I oval d' through i ndi genous speci es (such as I i I ac, vi burnum, day I i I i es, f erns, red twig dogwood, oak, maple, sycamore, linden, havrthorne, birch, shadbush, etc.). In instances where healthy pl ant material exists on the site prior to its development, i n part or i n whorl e, for purposes of off street parki ng or other vehi cud ar use areas, the PI anni ng Board may adjust the application of the above mentioned standards to allow credit for such plant material if, in its opinion, such an adjustment is in keeping with and will preserve the i ntent of these standards. d. To produce parki ng whi ch i s aestheti cal I y pl easi ng, wel I screened, accessi bl a and broken into smaller parcels that may directly and adequately service adjacent structures, a mini mum of 5% landscaping and green space must be provided for all parking areas. This 5% i s not i ntended to i ncl ude the buff er zones, but shad I i ncl ude al I i nternal I andscaped i sl ands i n the parki ng areas. I n al I i nstances where natural topography I ends i tsel f to the screening of these parking areas it shall be I of t in its natural state. The Planning Board may at thel r di screti on requi re addi ti onal screeni ng at the owner's expense. Residential Districts Commercial vehicles in excess of one(l) ton capacity shall be garaged or screened f rom view of residential useswithin three hundred (300) feet by either: a A strip at least four (4) feet wide, densely planted with trees or shrubs which are at least f our (4) f eet hi gh at the ti me of pl anti ng and whi ch are of a type that may be expected to form ayear-round dense screen at least six (6) feet high within three(3) years, or b. An opaque wal 1, barri er, or f ence of uni f orm appearance at I east f i ve(5) f eet hi gh, but not more than seven (7) f eet above f i ni shed grade. Such screeni ng shad I be mai ntai ned i n good condition at all times, and shall not be permitted to exceed seven feet in height within requi red side yards. Such screening or barriers may be interrupted by normal entrances or exits and shad I not be required within ten (10) feet of a street lot line. c. Garaging or off-street parking of an additional two (2) commercial vehicles may be allowed by Special Permit. When it is deemed to be in the public good, parking for addi ti onal pl easure vehi cl es may be al I owed by Sped al Permi t. May 13, 2008 Page 93 Or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: To Be M ade at Town M eeting Planning Board Recommendation: To Be M ade at Town M eeting FI NANCE COM M I TTEE EXPLANATI ON: Article 39 seeks to amend the Zoning Byl atr Section 8.1 and Section 8.4 Screening and Landscaping for Off Street Parking. The article is a complete revision affecting all zoning di stri cts. Artide 40. Amend North Andover Zoning Bylaw—Section 4.2 Phased Development Bylaw. To see if the Town will vote to amend the Town of North Andover Zoning Bylatr, Sections 4.2.4(a) in order to al I ow the Planning Board additional flexibility i n determining an appropriate development schedul e f or prof ects to promote order)y growth. Amend Section 4.2.4(a) by adding the underl i ned I anguage to read as f of I ows. 4.2(4) Phased Development Schedule a) Building permits for near dwelling units shall be authorized only in accordance with the following Phased Development Schedule. Maximum U nits for which Number of Units in Minimum Years Building Permits Subdivision Development for Development May be Issued Per Year 1-6 1 All 7-20 2 50% of total 21-34 3 33% of total 35-50 4 25% of total 51-75 5 20% of total 76-125 6 16.7% of total 126+ 7 14.3% of total No Phased Development Schedule shall exceed seven years. Notwithstanding anything to the contrary in this Zoning Bylavr, the Planning Board may approve an alternative Phased Development Schedule, provided that in doing so, the prom ect is consistent with any one of the purposes set forth under Section 4.2.1 above. Or to takeany other action relative thereto. Planning Board May 13, 2008 Page 94 Board of Selectmen Recommendation: To Be M ade at Town M eeting Planning Board Recommendation: To Be M ade at Town M eeting FI NANCE COM M I TTEE EXPLANATI ON: Article 40 seeks to amend Sec. 4.2 Phased Development Bylafv by adding within Sec. 4.2(4) a provision allowing the Planning Board to approve an alternative phased development schedule. Artide 41. Amend Chapter 69 of the General Bylaws— Fire Alarms To see if the Town will vote to amend Chapter 69 of the General Bylafvs to reflect the recommendations of the Office of the Attorney General of the Commonwealth in Case #4430 Dated 10/2/2007 as follows. Chapter 69, Sections 69-2, 69-5, 69-.1, 69-7.2 and new Section, Section 69-7-3 are to be amended by removi ng the tent shown as stri cken, and addi ng the tent shown as underl i ned §69-2 Alarm Installation and Permit Requirements A. As of the effective date of this by-lair, 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. The issuance of permits and the imposition of fees shall be in compl i ance wi th M assachusetts General L afr Chapter 148 Secti on 10A. Changes in the permit or inspection fees may be made with sixty (60) days notice to the general publ is and with the approval of the Board of Selectmen. §69-5 Alarm System Regulationsand Maintenance A. Each alarm user shall submit to the Fire Chief, the names, addresses and telephone numbers of at I east two(2) persons who can be reached at any ti me, day or ni ght, 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 user s user's 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. §69-7.1 Connection Fees Each alarm user shall on or before October 15t of each year remit to the Fire Department a service fee for the coming year for Master Fire Alarm Boxes and Digital Alarms. Thefeesshall be establ i shed by the Board of Selectmen. May 13, 2008 Page 95 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 A-Ree the r.,,-i„ -h under the existing fee structure, once the radio box is properly installed and functioning as approved by the North Andover Fire Department. In accordance with the Town by-law the Board of Selectmen can establish fees, at any time, which reflect the costs of services provided. §69-7.2 Violations The f of I owi ng acts shad I consti tute a vi of ati on of these regul ati ons and the responsi bl e person or persons shad I be puni shed by a f i ne of not I ess that $50.00 nor more than $200.00 per off ense. (Each day i n whi ch a vi of ati on occurs wi I I be consi dered a separate off ense.) A. Fad I ure to f of I ow an order i ssued by the Fi re Chi of to di sconnect a f i re al arm system automatic notification device. B. Using a telephone-dialing device arranged to dial a Fire Department number without authori zati on under thi s by-I aw. C. Fad I ure to pay any f ee assessed under thi s 7 1 of +hoco regul ati GRS Section 69 within sixty (60) days from the anent. D. Fad I ure to compel y wi th the requi rements set forth i n these regul ati ons. 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 muni ci pal f i re al arm system. Add new section - Section 69-7.3 §69-7.3 Consultation with the Office of the Essex County District Attorney In consideration of General Laws Chapter 268, Section 32, Chapter 269, Section 13 and other applicable state laws, the Town shall consult with the Office of the Essex County District Attorney prior to any court action against anyone for noncompliance with this Chapter 69 or prior to the imposition of any assessment or fines pursuant to Chapter 69 Section 7. Or to take any other action relative thereto Fire Chief Board of Selectmen Recommendation: FavorableAction Planning Board Recommendation: To Be M ade at Town M eeting May 13, 2008 Page 96 FINANCE COMM I TTEE EXPLANATION: Article 41 describes the rules and regulations supporting the permitting, use, maintenance, connections and responses to Fire Alarms i n North Andover. Differences from the prior year's bylaw are mainly a clean up of existing language as recommended by the Attorney General in their approval letter. Two specific changes should be noted: Section 69-7.3 is new to the bylaw and describes process required before any court action is undertaken. The other change has been to remove language written in past articles that either removes specific mention of fees associated with various services or states that the fees will be set with the approval of the Board of Selectmen. It also continues a practice started last year to forego the$200 annual fee for wireless alarms now charged to wired alarms. This will eventually cost the Town from $20,000 to$30,000 in fee revenue. Artide 42. Amend North Andover Zoning Bylaw — Section 2.68 Structure and Add New Section 2.68.a Structure— Temporary. To see if the Town wi I I vote to amend the Town of North Andover Zoning Bylaw, Section 2.68 in order to further clarify the definition of a structure and add a new def i ni ti on 2.68.a Structure—Temporary to def i ne a temporary structure. Amend Section 2.68 Structure by deleting the stricken language and adding the underlined I anguage to read as f of I ows: 2.68 Structure A combination of materials assembled at a location to give support or shel ter Mtea nnmhi no�i nn of to form o nnncFr,in♦i nn thot i c that is safe and stable, which includes, but i s not limited to the following- buildings, stadiums, tents, revi Ewi ng stands, pl atf orms, stagi ng, observati on towers, radi o towers, water tanks, towers, private and public swimming pools, trestles, piers and wharves, bridges sheds, shel ters, f ences and wad I s, di spl ay si gns. Structure shat I al so i ncl ude storage trai I ers or units, whether intended for permanent or temporary purposes, used for storage of goods and products associated with the operations of any business on the subject Parcel(s). The term structure shad I be construed as if fol I owed by the words"or part thereof", but shad I not i ncl ude underground uti I i ti es, dri veways, parki ng I ots, agri cud tural storage trai I ers and vehi cl es, and the I i ke. Where the North Andover General and Zoni ng Byl airs are si I ent, then the current edi ti on of the M assachusetts Bui I di ng Code shad I be assumed to appl y. And i n connecti on therewi th, addi ng the under)i ned I anguage to read as fol I ows: 2.68.a Structure—Temporary Structures that are permitted within a zoning district without any foundation or footing and that are removed or dismantled when the designated time period, activity, or use for which the structure was approved and erected has ceased. Said structure shall be permitted for duration of time not to exceed sixty (60) days unless otherwise specifically approved by the May 13, 2008 Page 97 B ui I ding I nspector. For purposes of this definition, motor and recreational vehicles shad I not be deemed a temporary structure. Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To Be M ade at Town M eeting Planning Board Recommendation: To Be M ade at Town M eeting Artide 43. Amend North Andover Zoning Bylaw—Section 4.126 Business 1 District and Section 4.127 Business 2 District. To see if the Town wi I I vote to amend the Town of North Andover Zoning Bylafr, Section 4.126 and Section 4.127 in order to maximize the size of retail establ i shments within the Business1 D i stri ct and B usi ness 2 D i stri ct. Amend Section 4.126 by adding the underlined language to read asfdlows 4.126 Business 1 District 1. Retai I establ i shments up to 50,000 square feet of gross f I oor area per user. Retai I establishments in excess of 50,000 square feet of gross floor area per user shall be permitted with a Special Permit issued by the Planning Board as Special Permit Granting Authority. and Amend Section 4.127 by adding the underlined language to read asfdlows 4.127 Business2 District 1. Retai I establ i shments up to 50,000 square feet of gross f I oor area per user. Retai I establishments in excess of 50,000 square feet of gross floor area per user shall be permitted with a Special Permit issued by the Planning Board as Special Permit Granting Authority. Board of Selectmen Board of Selectmen Recommendation: To Be M ade at Town M eeting Planning Board Recommendation: To Be M ade at Town M eeting Fl NANCE COM M I TTEE EXPLANATI ON: Article 43 seeks to amend the Zoning Bylaw by limiting the maximum sizeto 50,000 sq. ft. of any retai I establ i shment in both the Business 1 and the Business 2 Districts. At present there is no I imitation to size only a I imitation to gross area ratio and lot coverage. May 13, 2008 Page 98 Artide 44. Amend Zoning M ap—2302 Turnpike Street, Assessors M ap 108A, Lot 9 from Residential (R-2) to Business 2 (113-2). To see if the Town will vote to amend the Zoning Map of the Town of North Andover, to rezone two parcels of lend collectively consisting of 3.52 acres of land from Resi dent i al 2 (R-2) to Business 2 (B-2). Said parcels of land are known and numbered as 2302 Turnpike Street and Parcel 2, Sharpners Pond Road, being shown as Parcel 1 and Parcel 2, respectively, on a plan ent i t I ed "PI an of Land in North Andover, Mass. owned by Kevi n and El i zabeth A. M urphy" dated February 29, 2008, Scal a 1"=60' prepared by Scott L Giles, R.P.L.S., a copy of which is on file in the office of the Town Clerk. Parcel 1 and Parcel 2 are located on the north side of Turnpike Street at the corner of Turnpike Street and Sharpners Pond Road. Said parcels are f urther described below: The f i rst parcel, known as 2302 Turnpi ke Street and shown as Parcel 1 on sai d PI an above, i s identified as a portion of Lot 9 on Map 108A of the Town of North Andover Assessors Map, and i s bounded and descri bed as f of I ows: On the Southwest 298.48' by Turnpike Street; On the Northwest by land now or formerly of RA 427.24'; On the Northeast by land now or formerly of Town of North Andover 298.87'; On the Southeast by Sharpener's Pond Road 273.08'; and, On the South 176.92' by Parcel 2. Contai ni ng 143,393 s.f.. +/- (or 3.29 +/- acres) accordi ng to sai d PI an. The second parcel, shown as Parcel 2 on said Plan above, is also depicted as a portion of Lot 9 on Assessors Map 108A of the Tawn of North Andover Assessors M ap-5 and is bounded and described asfdlows On the Southwest by Turnpike Street 125.15'; On the Northwest by Parcel #1 176.92'; and, On the Southeast by Sharpener's Pond Road 164.95' . Containing 9,908 sf +/- (or 0.23 +/- acres) according to said Plan. Said Parcel 2 is also shown as a 9,908 s.f. lot of land on a plan recorded with the Essex North District Registry of Deeds as Plan No. 6649 of 1972. For deed ref erence to Parcel 1 (2302 Turnpi ke Street), see Deed to Kevi n M urphy and Elizabeth A. Murphy recorded with said Deeds in Book 9834, Page 206. For deed reference to Parcel 2, see Deed to Kevin Murphy and Elizabeth A. Murphy recorded with said Deeds in Book 10019, Page 161, Or to take any other action related thereto. May 13, 2008 Page 99 S'J_lY FJ fN'ALti uNA'P:7 mw,o u c.rrv�c. K Err"X1Pu FY AV£A,EC PG.+hrHM PH Pv.me!.fd'pI P"d .r �- ..4 A wg°'.-5ra:nJi rFm HArmf'n S n AM C/*F' N a'..IW,e J fn 4 xwK r 9 Y A,tFIM.7r"V PWtl H'.l w`C.f.TCf' S d LV 6 e ti, ,zw ' I u `ma '6•Y k &1 Yh2 CEA A —1/0? Parcel 1 Rzoe R-2 o B-2 l. � r+�cd°r C Co- Parcel 2 Rezone ' " ^„ u B-2 Petition of John T. Smdak and others Board of Selectmen Recommendation: To Be M ade at Town M eeting Planning Board Recommendation: To Be M ade at Town M eeting Fl NANCE COM M I TTEE EXPLANATI ON: Article 44 seeks to rezone two (2) parcels of land present I y zoned Resi dent i al 2 (R-2) which allows for single family homes on one(1) acre to Business (B-2) which requires 25,000 sq. ft. of land area and allows for numerous business uses such as retai I, professional offices eati ng/dri nki ng, i ndoor pl ace of amusement, automobi I e servi ce and medi cal center/I aboratory. May 13, 2008 Page 100 Artide 45. Amend Zoning Map — 4 Parcels— 396 — 398 Andover Street, 404 Andover Street, 424 Andover Street and 426 Andover Street from Residential 4 - R4 to Business 1 (B-1). To see if the Town will vote to amend the Zoning Map of the Town of North Andover to rezone four (4) parcels of land, known and numbered 396-398 Andover Street, 404 Andover Street, 424 Andover Street and 426 Andover Street, shown on the attached plan entitled, "Plan Showing Land to be re-zoned, North Andover, MASS., prepared for Thomas Carroll, Scale 1"=40', Dated: January 29, 2008" Andover Consultants, Inc., 1 East River Place, Methuen MA on f i l e w i th the Town Cl erk, I ocated on the easterl y si de of A ndover Street, between H i ghl and Terrace and Prospect Terrace and also between Prospect Terrace and approximately to Rock Road f rom Residential 4(R4) to Business 1 (B-1). The first parcel known as 396-398 Andover Street, North Andover, County of Essex, Commonwealth of Massachusetts, consi sts of 10,000 square f eet of land, shown as Parcel 37 on Map 24 of the Town of North Andover Assessor's Map, and is more particularly described as follows. Being lots numbered thirty-seven (37) and thirty-eight (38) on a plan of "House Lots at Wi I son's Corner", Horace Hale Smith, C.E., recorded with North Essex Deeds, Plan Book 2, Plan 88. Sai d I ots are conti guous and taken together are bounded: NORTHEASTERLY: one hundred ten and 5/100 (110.5) feet by Summit Avenue as shown on said plan; SOUTHEASTERLY: one hundred feet (100) feet by lot numbered thirty-six (36) on said plan; SOUTHWESTERLY:eighty-nineand ni nety-f i ve hundredths(89.95) feet by lot numbered twenty-three(23) on said plan; and NORTHWESTERLY: one hundred two and eight hundredths(102.08) feet by Andover Street. Contai ni ng ten thousand (10,000) square f eet of I and. For reference see North Essex Registry of Deeds, Book 3222, Page 275. The second parcel known as 404 Andover Street, North Andover, MA consists of 19,905 square feet of land, shown as Parcel 38 on Map 24 of the Town of North Andover Assessor's Map, and is more particularly described asfolIows. Four certai n I ots of I and w th al I the bui I di ngs thereon, si tuated i n North Andover, Essex County, M assachusetts, and bel ng L ots numbered 22, 23, 24 and 25 on "PI an of H ouse L ots at Wi I son's Corner, North Andover", which plan is recorded with the North Essex Registry of Deeds, Plan Book 2, PI an No. 88. Sai d I ots are conti guous and taken together are bounded and descri bed as follows. Beginning at the intersection of the Northeast corner of Andover Street and Prospect Terrace, then running Northeasterly 102.08 feet by said Andover Street to Lot 37 on said plan; thence turning and running Southeasterly 210.05 feet by Lots 37, 36, 35 and 34 on said plan to Lot 26 on said plan; thence turning and running Southwesterly by Lot 26 on said plan, 100 feet to Prospect Terrace, thence running Northwesterly by said Prospect Terrace, 189.45 feet to the point of begi nni ng. For reference see North Essex Registry of Deeds, Book 10839, Page 277. May 13, 2008 Page 101 The third parcel known as 426 Andover Street, North Andover, MA consists of 10,000 square feet of land, shown as Parcel 40 on Map 24 of the Town of North Andover Assessor's Map, and is more particularly described asfolIows. A certain parcel of land with the buildings thereon situated in North Andover, Essex County, Massachusetts and being lots numbered 20 and 21 as shown on a Plan of Land Entitled, "House Lots at Wilson's Corner, North Andover, Mass", Horace K. Smith, C.E., dated June 1910 and recorded with the North Essex Registry of Deeds as Plan No. 88. Said lots taken together are more parti cul arl y bounded and descri bed as f of I ows: NORTHWESTERLY: by the Southeasterl y line of Andover Street as shown on said Plan, 102.08 feet, more or I ess; NORTHEASTERLY: by Prospect Terrace as shown on said Plan, 110.05 feet; SOUTH EASTELRY: by lot numbered 19 on said Plan, 100 feet; and SOUTHWESTERLY:by Lot numbered 10 as shown on said Plan, 89.95 feet. For reference see North Essex Registry of Deeds, Book 10839, Page 298. The fourth parcel known as 424 Andover Street, consistsof 10,000 square feet of land, shown as Parcel 43 on Map 24 of the Town of North Andover Assessor's Map and is more particularly descri bed as f of I ows: A certain parcel of land with the buildings thereon situated in North Andover, Essex County, Massachusetts, on the Southeasterly side of Andover Street, beings lots numbered 9 and 10 on a plan of land entitled, "PI an of House Lots at Wilson's Corner, North Andover, M ass", Horace Hale Smith, C.E., June 1910, recorded with North Essex Registry of Deeds as Plan #88, and bounded and descri bed as f of I ows: NORTHWESTERLY: by said Andover Street, 102.08 feet; SOUTHWESTERLY:by Highland Terrace as shown on said plan, 89.95 feet; SOUTHEASTERLY: by Lot#11 as shown on said plan, 100 feet; and NORTHEASTERLY: by part of Lot numbered 19 and by Lot numbered 20 as shown on sai d pl an, 110 f eet, more or I ess. For reference see North Essex Registry of Deeds, Book 8360, Page 323. May 13, 2008 Page 102 % ........ ...... ............ .. X .:: .._.., ..... _ V 0 °o o tlNy V�!'fl PW SY`�"fi.. k N d u w 1 Y 7 7. 0 Y � p 0 b A 0 " n Rezone Al wq .._... .. ..�._..�. .__ ........�__. Outlined Parcels - ......-.. R-4 to B-1 N ....- V w9V4 � Ip �� v, vTw•¢rr-,�a, ,� 2 P;,wra �'� nwar.�:a ! y wuc,�ww�r- i rw.nucYmnr V µ AMY Y�,mwy�cwwuc mw',... IAII aIID K LANG � TO SE RE-70NED r N -?TTH ANDOVER, INMASu'. � � G:-Q��"15lJW tC�nts ON re>r � A r ry i�W ��p ,oan.Ymn MUS rL de Ce fd¢..�.. � ..roc MdMffiU mo. ewY��rK- �m�.w,- u,0.a'_.w°�4.YY d-da v- wmn,va„av vuTwr REZONING 396-398,404,424 AND 426 ANDOVER STREET R-4 TO B-1 Petition of Peter I Lafond and others Board of Selectmen Recommendation: To Be M ade at Town M eating Planning Board Recommendation: To Be M ade at Town M eeting Fl NANCE COM M I TTEE EXPLANATI ON: Article 45 seeks to rezone four (4) parcels of land presently zoned Residential 4 (R-4) which allows for single family homes on 12,500 sq. ft lots to Business 1 (B-1), which requires 25,000 sq. ft. of land area and al lows for numerous business and resi dent i al uses, such as retai 1, personal service establishments professional offices, eating /drinking (as a secondary use only), and resi denti al uses i ncl udi ng one and two f ami I v dwel I i ngs or apartments. May 13, 2008 Page 103 And you are diremd io sere, dais Warrant by posting true and attested wpivs thereof at the I(MI1 OffiOZ Ida ilding and acne public Pkwc in each votirtg precinct in the TOW11,S,'IiLl LOI)iCS to be Posted ti'm Ics"",than ScVen 47)Jays,before the fimic ofsaid mevOng. I fereol, fait nol, and make due morn(4'the Warrant with the doings thereon to ffic Tunvn at chic firw and place of said meeting. Given un&r out hand-i this 'Ptirly-first I'My of March, in the Year Fwo'Thousand 1."ight NORTH ANDOVER BOARI Mark.I.T,Caggiano Daniel P.Lanien Nardella Z(-ZI -14. kiusivruar; C.Smedile 'I y M,Watson North Andover,Massachusetts J�01)-4 A.Bradshaw,Town Clerk, May 13, 2008 Page 104 M ESSAGE FROM TOWN CLERK JOYCE A. BRADSHAW Weask your cooperation in preparingfor a successful Town M eeting YOUR VOTE I S EXTREM ELY I M PORTANT TO US WE NEED YOUR HELP ❖ You must be a registered voter as of Wednesday April 23, 2008 to vote at the Town Meeting Non-voters are required to sign in and be seated in a designated area. We check-in by Last Name and we will have guides available to assist you find the right table. You will be given a pre-printed voting card. You can verify your voting status by calling(978)688-9501. ❖ Remember to notify us when you change your address If you are leaving North Andover we can remove you from the census and voter rol ls ❖ We are anticipating a record turnout for the November 4, 2008 Presidential Election. All voters will vote at the North Andover High School 430 Osgood Street. School will not be in session. The polls will be open from 6:OOAM until 8:OOPM for thiselection. ❖ If you may be unable to get to the polls on Election Day, you may apply for an absentee ballot. Please verify your voting status Absentee ballots are available for all elections Students away at school and people who are unable to get to the polls can apply. ❖ We encourage early application to avoid last minute delays You can request an absentee ballot for yourself or for a family member in person at Town Hall 120 Main Street or sending a written request. Absentee ballots must be applied for each year and can be for an election or all elections during the calendar year. You can be put on the permanent absentee list by providing a physi ci an's statement. ❖ Keeping our census current and up do date will assist you in proof of residence and proving information for public safety officials If you have moved within North Andover or will be leaving North Andover please give usa call at (978)688-9501 and we can update your information. ❖ If you need voter registration formsor absentee ballot requestswe can mail them to you. May 13, 2008 Page 105 PASSPORTS The North Andover Town Clerk's Office is Passport Agency. If you need anew passport or need to renew a child's passport, we can help. We are located in the Town Hall Offices at 120 M ain Street on the first floor and we accept Passport Applications from 9:OOAM until 4:OOPM M onday through Friday. Please check the U.S. Department of State web site at www.travel.state.gav for all forms and passport information. Please check for new regulationsthat apply. You can Cove us a call at (978)688-9501 and we can tell you what you need to bring! Passports can take a minimum of six to eight weeks Expediting Service is available at an additional fee. Passports are also an excellent source of identification for the entire family. Travel regulations have changed so please be certain to verify what documents you need for leaving the country. WEB PAGE AND MUNICIPAL CALENDAR Take a look at our Municipal Calendar located at www.townafnorthandaver.com. All public meetings and events are listed there with contact and agenda information. We are in the process of updating and enhancing our web site to better serve you. We post additional information and updates on the site If you need printed information, please contact us and we will provide it. We appreciate your participation in our Annual Town M eeting at the North Andover H igh School. I f have any requests or need any sped al assi stance, please call us at (978) 688-9501. May 13, 2008 Page 106 PLEASE BRING THIS BOOKLET WITH YOU TO TOWN M EETI NGH j ) t IF u fri TOWN OF NORTH ANDOVER / ANNUAL TOWN M EETI NG TUESDAY MAY 13, 2008 NORTH ANDOVER HIGH SCHOOL 430 OSGOOD STREET %ill, / „���/%%%, „'! _"" r✓r i 1 iii%�ii/%;�% % muu umuw(�i i����� „ ,,,,. o rw wllWidwlYdl4(�i �uWy �n� r✓r, ;���r / rG ,.h1 b9Pll,j wj � Guo INp ul �u� d u Ewa,� � i�okNIE�P�'�QllwliV��ihIH IV�d�>fi��Y'��d�IIIIIi�YIBI�IIhgAl1'l IV9 r Details on logistics and updated information will be posted on the Town's website, on the North Andover Cable Channel, and in our Local Newspapers Updates to the Finance Committee Report will be posted on the Town of North Andover website at www.townafnorthandaver.com. If you need any special accommodations for the meeting please call the Town Clerk's office at (978)688-9502.