HomeMy WebLinkAboutAnnualTownWarrant2008JoyceDoc TOWN OF NORTH ANDOVER
MASSACHUSETTS
ANNUAL TOWN MEETING
WARRANT
ANNUAL FINANCE COMMITTEE
REPORT TO VOTERS
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TUESDAY MAY 139 2008
NORTH ANDOVER HIGH SCHOOL
430 OSGOOD STREET
Please Bring This Booklet With You!
Additional Information and updates: www.townofnorthandover.com
Citizens with 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. Thank-you!
Voters will be checking in by last name. You will be given a Town
Meeting Voting card and need this be able 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 to verify voter status or
request a voter registration form.
Non voters must sign in, display a non-voter pin and be in a designated
section. If you require handicapped parking access or need special
parking accommodations please call the Town Clerk's Office for special
arrangements.
We will make any arrangements available to assist with warrants and
participation in our Town Meeting. Please do not hesitate to call us at
(978)688-9502.
May 13, 2008 Page 2
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ANNUAL FINANCE COMMITTEE REPORT TO VOTERS
To the Voters of North Andover:
Introduction
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'/z percent
growth allowed for by law. Once again our Town Manager has recommended a "level services"
budget. However, since this follows prior years of decreases or level services, it is generally
thought that there is little 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 for 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 taxes fell because people bought fewer cars. Likewise, fewer building permits have been
issued in light of the current state of the housing market. And finally, 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 few months in our projected investment income for fiscal
year 2009.
We do not seek to paint a bleak picture; however, we believe it is important to make a realistic
assessment of where our Town stands financially and plan accordingly. As goes the town, so go
the finances of the citizens of our town. As such, we believe the majority of the Town cannot
afford an override to add to the revenue side of the equation. Therefore, the course we need to set
is to live within our means since it may take a few years before our Town's financial situation
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 allow us to make
improvements.
May 13, 2008 Page 3
Also, the Finance Committee has begun using a new tool that the State's Department of Revenue
(DOR) has provided to help us make better financial forecasts. This tool, combined with our
diligent review of the Town's budget, places us in a position 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
funding requests. It remains our objective to ensure complete and accurate budget estimates.
This Annual Finance Committee Report will review 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 actions for the coming year. The better prepared you are, the more able you will be
to make a meaningful contribution.
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
strive to provide a credible and comprehensive view of each department's financial picture — not
just the Capital Improvement Plan and Operating Budget.
Revenue and Fixed Cost Review Committee
In 2004, based on the recommendation of the Finance Committee, Town Meeting established 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
forecast, prepared and presented by this important group, served as the basis for certain 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 "Articles" 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 services to previous levels. Examples include:
• Marginally acceptable class sizes in all schools
• Restored accreditation at the High School with caveats
• Unacceptable work conditions at the Police Station
Debt
Debt is typically used to pay for improvements to a Town's infrastructure. However, every dollar
that is spent to pay down debt takes a dollar away 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
Capital Improvement Plan that takes not only the Town's infrastructure needs into consideration,
but the future funds available for the Operating Budget.
Reserves
In prior years, the Town has debated using 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
operating budget is fiscally unwise.
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 million 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 funded service for
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
May 13, 2008 Page 5
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
services during the fiscal year. Therefore, the Finance Committee is unanimous in its position
that no reserve funds be used to fund the operating budget.
Using "One Time" Revenues and Reserves to 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 new revenue source or be
eliminated in the following year. For this reason, the practice of using one-time revenues to fund
recurring services is discouraged by debt-rating agencies. In FY 2009, the Town is relying 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 elimination of this practice.
The Impact of Recurring Expenses rising more than 2 1/z%
Some residents believe that the 2 '/z% limit placed on tax revenue growth should enable the
Town to keep pace with inflation and maintain a level service budget. Unfortunately, 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
benefits, energy, and contractual salary increases have had the greatest impact. Increases in these
items have outpaced the increase in revenues and have thereby reduced the amount of money
that the Town has available for other operating expenses.
Variables
The Town Manager's Recommended Budget receives considerable attention when it is first
introduced in early February. It is important to note that by the time this budget reaches the floor
of Town Meeting in May, it has undergone revisions. The impact that a budget has on Town
services will change as the forecast for revenue and expense items is refined. Variables affecting
the budget include:
• Increases or reductions in State Aid (e.g., Chapter 70)
• Changes in State Assessments
• Availability of internal funds (e.g., overlay transfers)
• Changes in collective bargaining agreements
• Potential changes to the Special Education Budget
• Economic changes, such as changes in fuel prices and interest rates
• Updated FY 2008 spending records that indicates a new or changed spending trend
• Updated forecasts of FY 2009 revenues
May 13, 2008 Page 6
Opportunities for Savings
During the course of the year, as the Finance Committee has reviewed Town finances, we have
observed certain opportunities for change, that if implemented by the Town's leadership, could
result in increased revenues or decreased costs. Examples of these observations, including
several that would require renegotiation of collected bargaining agreements, include:
• Increasing co-pays and deductibles paid by employees for health care services
• Implementing a comprehensive wellness program for employees
• Consolidating positions between municipal and school departments
• Centralizing facilities management through a Facilities Manager (included in the
proposed budget)
• Regionalizing services with neighboring communities
• Long-range planning to reduce out-of-district Special Education 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
sponsorships.
Conclusion
Every year our Town has faced a balancing act between the taxes we can afford and the services
we need. Taking this one step further, we also look to balance our current operating needs and
the continued maintenance or improvement of our Town's infrastructure. In particular, this
includes our need for a new Police Station, changes to our Fire Stations, other buildings 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
service to net operating revenues which has seen an increase this year from 5.14% in Fiscal Year
2008 to a projected 5.33% in Fiscal Year 2009. The Finance Committee has kept this figure in
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 Meeting Minutes on the Town's Web site and given them to the
local media. We wrote an article that explains the function of the Finance Committee, and posted
it on the Town's Web site. And, as always, the public is welcome at our meetings, since these are
public meetings, and we invite your input. We believe this has contributed to the transparency of
our work, and our ability to make a comprehensive recommendation to you, the Voter, regarding
our Town's finances.
We continue to believe strongly that the solution to the Town's current fiscal difficulties lies 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,
elected officials, and volunteers have put enormous effort into producing the budget. Although
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 move the Town
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
materials provided here, so that you can make an informed vote on the issues.
Respectfully Submitted,
North Andover Finance Committee
Douglas J. Swatski, Chairman
Mark Rodgers, Vice Chairman
Eva E. Hamori
Mike Giarratano
Jean Sullivan
Ben Osgood
Peter Besen
Alan LeBovidge
Ramsey A. Bahrawy
"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 finance on behalf of the Town's residents."
Finance Committee Public Hearing
This meeting is anticipated to take place in the first week of April.
School Department Comments:
A joint School Committee and Finance Committee meeting took place on Tuesday, March 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
discussion on the Pre-K CIP building request, the need for textbooks in the school, the current
status of the High School accreditation, and other topics regarding the school.
May 13, 2008 Page 8
Town Charter References Re2ardin2 Town Meeting
2-5-1 A moderator, elected in accordance with the provisions of Chapter 6, shall
preside at all sessions of the town meeting.
2-6-1 Rules of parliamentary procedure in simplified form shall be prepared by
the moderator and shall annually be included in the Finance Committee report.
2-6-2 The Town Clerk shall make copies of the simplified rules available for
distribution to those requesting them, to new voters at the time of registration,
and to those in attendance at all sessions of the town meeting.
North Andover Home Rule Charter
The following are the Moderator's simplified rules of parliamentary procedure
and an explanation of various aspects of our North Andover Town Meeting.
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 New 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
rulings within our meetings are made by the Moderator, using Massachusetts General Laws, the
North Andover Charter, North Andover By-Laws, 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 meetings of an established board, are not applied. Town Meetings of
Massachusetts towns are similar, but not identical; local traditions can significantly affect local
proceedings. North Andover's meeting procedures are intended to present questions clearly to
the voters, with minimal confusion, for their decision.
At any North Andover Town Meeting:
1. The first action required after the announcement of any Article on the Meeting's Warrant is
that a Main Motion be proposed, before discussion and debate can begin. The sponsors of an
article, or town boards with recommendations, are likely sources of a main motion.
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 will call out"Mr. Moderator..."
3. Once recognized by the moderator, a speaker is normally limited to five (5) minutes to address
the meeting on the current article. Exceptions (for extended time) can be granted by a vote of the
meeting, or by prior arrangement with the moderator, particularly if visual displays will be used
(See `A Special Note on Visual Presentations', 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 disclosed at the start of any remarks.
5. All remarks should be addressed to the moderator(although obviously all are listening). 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 should be made available to the moderator and town clerk.
7. While deliberation and debate are fundamental to Town Meeting, in due course it will 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 rising and
standing in place; such doubt will cause a counted vote to be taken.
9. Most issues will be decided by a simple majority of those voting; issues requiring a two-third
(2/3), four-fifth (4/5), or other majority will be clearly identified to the meeting.
A Glossary of Town Meeting Terms:
Town Meeting - A duly-called meeting in which all registered voters are eligible to participate.
It is the Town's legislature, where fiscal issues, zoning changes, by-law amendments, and other
matters affecting the Town are decided. A regular (Annual) Meeting is held each May to
decide issues 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 called by the Selectmen; a petition of two hundred (200) voters will cause one to be
called.
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
well in advance of the meeting.
Article - Definition of an issue to be decided at the meeting. Individual matters are described in
articles so that all voters are warned of potential action to be taken. The scope of each article
sets the bounds of actions that may be taken. Articles are submitted by Town agencies, or
citizen petitions 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 may be
as simple as "To adopt the article, as printed in the warrant" or a more complex action, as long
as the article's scope is not exceeded. A main motion should be made and seconded for
discussion 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 preferred to avoid confusion.
Amendments - May be offered to a main motion, debated and accepted or rejected. Complex
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 motion will 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 hard-fought decision has been made, and there has been a change in the
audience. Introducing a motion to reconsider immediately after a hard-fought decision, with
the expectation of its defeat, will effectively lock out future reconsideration.
Adjournment - To another date and place certain may be proposed and voted to recess the
meeting to a future session.
Dissolution - Is the final act of a meeting. All issues will have concluded, and future discussion
will require another warrant for another meeting.
The Players
Voters - The ultimate decision makers. Voted decisions are binding on the entire Town,
including its elected officials.
Moderator - Elected, responsible for the conduct of the meeting. Parliamentary 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 final recorded
minutes of actions voted. The Town Clerk's minutes are the only tangible result of much
thoughtful debate, and voting; they are used in formal enactment of local laws.
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
Meetings.
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
Zoning By-law. This board is required to hold hearings and make recommendations on articles
which effect zoning or environmental issues.
Town Counsel - The Town's Attorney, appointed by the Selectmen. Counsel will make legal
ruling, and advise the meeting, as needed.
Other Players - The following participants have strong interest in assuring the meeting's
success. They will propose issues and supply information to the voters:
May 13, 2008 Page 11
School Committee
Town Manager
Superintendent of Schools
Town Accountant
Department Heads
Town Committees.
Supporting Casts - The following staff supply the necessary support to conduct a meeting of
this size:
Registrars of Voters
Voter Check-in Clerks
Counters
Public Safety Officer
Facilities Manager of the Building used
A Special Note on Visual Presentations
Prior to the 2003 Annual Town Meeting, any speaker at Town Meeting was allowed up to fifteen
(15) minutes to present material, if a visual presentation was involved. Because of an increasing
number of such presentations, together with decreasing patience of many Town Meeting
attendees, it is planned that different rules will apply this year. If more than the nominal five (5)
minutes is required:
• Visual presentations by Town agencies, with similar recommendations on an article, will
be consolidated into a single presentation. That presentation, coordinated with the moderator
at least one week prior to a town meeting, may exceed 15 minutes, but will reduce the time
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 principle of visual
presentations. Any information that is unable to be conveyed easily in verbal form (maps,
images, graphs)is a good candidate for visual display, improving the deliberations.
Any visual display must be able to be easily viewed by all attendees at Town Meeting. (If
a display cannot be seen beyond the first few rows of the audience, it is not acceptable for
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
discouraged.
Courtesy Issues:
• Address the meeting with new information, to persuade undecided voters. Re-iterating
old information as a show of support takes time and does little to affect the outcome of a
vote.
May 13, 2008 Page 12
• Please refrain from applause or negative jeers 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 succinctly stated, retaining the
audience's full attention.
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
participation.
Charles A. Salisbury,
Town Moderator
(978) 685-1568
Charlie(2Salisbury.org
Town Bylaws Affecting Town Meeting
59-1. Adjournment - When a Town Meeting shall be adjourned to a time certain that is more
than fourteen (14) days from the time of adjournment, the Town Clerk shall cause notice of the
time and place of such adjourned meeting to be duly posted in three (3) or more public places
in each precinct in the Town two (2) days at least before the time of holding said adjourned
meeting, which notice shall also briefly state the business to come before 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 Meeting shall be entertained during that meeting or any adjourned session 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.
Massachusetts General 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 withdraw from the meeting, and, if he does not
withdraw, may order a constable or any other person to remove him and confine him in some
convenient place until the meeting is adjourned.
May 13, 2008 Page 13
2008 Annual Town Meeting 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
Regarding Contracts in Excess of Three Years. 17
Article 4. Authorization to Accept Grants of Easements 17
Article 5. Authorization to Grant Easements 17
Article 6. Compensation of Elected Officials 18
Article 7. Amend General Fund Appropriation Fiscal Year 2008 18
Article 8. Amend Capital Improvement Plan Appropriation for
Fiscal Year 2003-Stevens Estate 19
Article 9. Prior Year Unpaid Bills 19
Article 10. Fiscal Year 2009 General Appropriation Article 20-23
Article 11. Water Enterprise Fund Appropriation -Fiscal Year 2009 26
Article 12. Sewer Enterprise Fund Appropriation -Fiscal Year 2009 27
Article 13. Stevens Estate at Osgood Hill Enterprise Fund Appropriation
Fiscal Year 2009 28
Article 14. Capital Improvement Plan Appropriation Fiscal Year 2009. 29-30
Article 15. Establishment of Revolving Funds 31-33
Article 16. Report of the Community Preservation Committee and
Appropriation from the Community Preservation Fund 34
Article 17. Continuation of MGL Chapter 59 — Senior Work Program 35-36
Article 18. Appropriate Funds for 4th of July Fireworks Display for 2008. 36-37
Article 19. Appropriation/Transfer/Borrowing of Funds to Purchase the Former
Merrimack Valley Federal Credit Union Building Located
At 1475 Osgood Street for Use as a Police Station 37-38
Article 20. Amend Article 22—2007 Annual Town Meeting - Appropriation
of Funds— Town Owned Buildings into New Police Station. 39
Article 21. Bradstreet School—70 Main Street-Conversion to Police Station 40
Article 22. Authorize Borrowing of Funds for the Construction of a School Facility
Route 125/133 —Adjacent to Atkinson School and Middle School. 41
Article 23. Acceptance of Massachusetts General Laws Chapter 71, Section 37M
Consolidation of Administrative Functions 41-42
Article 24. Petition the Legislature— Special Act to Exempt the
Town of North Andover from Portions of Prevailing Wage Act 42
Article 25. Enforcement of General and Zoning Bylaws 42-43
Article 26. Enforcement of Wireless Service Facilities Zoning Bylaw-
Section 8.9.3 (c)(v)(1) 43
Article 27. Amend General Bylaws-Add New Section - Chapter 92
Eminent Domain. 43-44
Article 28. Amend General Bylaws— Chapter 17 — Section 17-9 44-45
Revenue/Fixed Costs Review Committee 41
May 13, 2008 Page 14
2008 Annual Town Meeting Warrant
Table of Contents (Continued)
Page
Article 29. Acceptance of Foulds Terrace as a Public Way 45-46
Article 30. Taking of Autran Avenue for a Public Way 47
Article 31. Establishment of Excavation & Trench Safety Board 47
Article 32. Amend Vote Article 42-1997 Annual Town Meeting
Removal of Development Restrictions on Map 62, Parcels 18, 9,
and 64 47-48
Article 33. Amend North Andover General Bylaws, New Chapter,
Chapter 160, Stormwater Management& Erosion Control Bylaw 48-59
Article 34. Amend General Bylaws—Add New Chapter—Chapter 134
Machine Shop Village Neighborhood Conservation District Bylaw 59-66
Article 35. Amend North Andover Zoning Bylaw— Section 4.122
Residence 4 District. 67
Article 36. Amend North Andover Zoning Bylaw— Section 6 Signs and
Sign Lighting Regulations. 68-70
Article 37. Amend Zoning Bylaw—New Zoning District, Amending Section 16
Addition Corridor Development District 3 (CDD3). 70-78
Article 38. Amend Zoning Map -Rezone Rte. 125 /Osgood Street Between
Barker's Farm and Boundary of Haverhill
Corridor Development District 3 (CDD3) 79-81
Article 39. Amend Zoning Bylaw Section 8.1 Off-Street and Section 8.4
Screening and Landscaping Requirements for Off-Street Parking 81-95
Article 40. Amend North Andover Zoning Bylaw— Section 4.2
Phased Development Bylaw 95-96
Article 41. Amend Chapter 69 of the General Bylaws—Fire Alarms 96-97
Article 42 Amend North Andover Zoning Bylaw— Section 2.68 Structure 98-99
Article 43. Amend North Andover Zoning Bylaw— Section 4.126
Business 1 District and Section 4.127 Business 2 District 99
Article 44. Amend Zoning Map —2302 Turnpike Street, Assessors Map 108A,
Lot 9 from Residential (R-2)to Business 2 (B-2) 100-101
Article 45. Amend Zoning Map —4 Parcels—396 —398 Andover Street,
404 Andover Street, 424 Andover Street and 426 Andover Street 102-104
from Residential 4-R4 to Business 1 (B-1).
May 13, 2008 Page 15
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Town of North Andover
Annual Town Meeting Warrant
May 13, 2008
COMMONWEALTH OF MASSACHUSETTS ESSEX,SS.
To either of the Constables of the Town of North Andover:
GREETINGS:
In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39
of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the
Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North
Andover who are qualified to vote in Town affairs to meet at the North Andover High School,
430 Osgood Street on Tuesday May 13, 2008, at 7:00 PM then and there to act upon the
following articles:
Article 1. Reports of Special Committees. To see if the Town will vote to hear the reports
of any appointed special committees;
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Article 2. 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: Favorable Action
May 13, 2008 Page 16
Article 3. Authorization of the Town Manager or Superintendent of Schools Regarding
Contracts in Excess of Three Years. To see if the Town will vote, in accordance with the
provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the Town
Manager or the Superintendent of Schools to solicit and award contracts, except personnel
contracts, for terms exceeding three years, including any renewal, extension or option, provided
in each instance the longer term is determined to be in the best interest of the Town by vote of
the Board of Selectmen or the School Committee, as appropriate;
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
Article 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, sewer, 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: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
Article 5. Authorization to Grant Easements. To see if the Town will vote to authorize the
Board of Selectmen and the School Committee to grant easements for access, water, drainage,
sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in
the best interest of the Town;
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
May 13, 2008 Page 17
Article 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 Massachusetts General Laws as follows:
Board of Selectmen/Licensing Commissioners, 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
Moderator, For Annual Town Meeting $500
For each Special Town Meeting $250
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
FINANCE COMMITTEE EXPLANATION:
In 2006, Annual Town Meeting passed a Citizen's Petition to remove health insurance benefits
for elected officials, at a substantial savings to the Town. The 2007 Annual Town Meeting voted
an increase in the salary and compensation of elected officials.
This article seeks to maintain the current level of salary and compensation of elected officials.
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 Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
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
Article 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: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
Article 9. Prior Years Unpaid Bills. To see if the Town will vote to raise and appropriate,
transfer from available funds or otherwise provide a sum or sums of money for the purpose of
paying unpaid bills of prior years of the Town listed below:
Prior Year Invoices
FY07
Vendor Amount Department
MEGA Insurance 26,431.00 Workers Comp Ins
Andover Electric Services 990.00 Stevens Estate
Verizon 29.89 School Department
Verizon 28.24 School Department
RC Mills 543.89 School Department
Balfour 20.00 School Department
Marion Mako 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: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION: Any prior year bills brought forward before
Town Meeting will be included in this Article. Typically, the current year's budget provides the
money to pay such past bills. This type of Article has a special voting requirement of 4/5ths at an
Annual Meeting.
May 13, 2008 Page 19
Article 10. General Fund Appropriation - Fiscal Year 2009. To see if the Town will vote
to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of
money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2008
and ending June 30, 2009;
Finance
Committee/
Adjusted Department BOS/Town
ATM Fiscal 2008 YTD Requested Manager
FY2008 Year 2008 1-31-2008 FY2009 Recommend
GENERAL
GOVERNMENT
Town Moderator 750 750 250 825 825
Selectmen/Town
Manager 281,149 281,149 252,676 304,262 309,609
Asst.Town Manager
/HR 112,860 112,860 92,954 101,045 100,599
Finance and
Administration - - - - -
Town Accountant 241,865 233,068 196,283 255,397 253,524
Purchasing 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
Outside Auditing 54,500 54,500 - 54,500 54,500
Assessing 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
May 13, 2008 Page 20
ARTICLE 10 Finance
GENERAL Committee/
APPROPRIATION Adjusted Department BOS/Town
ARTICLE (CONT.) ATM Fiscal 2008 YTD Requested Manager
FY2008 Year 2008 1-31-2008 FY2009 Recommend
Planning Board 99,152 99,152 93,309 102,825 101,494
Conservation
Commission 77,662 77,662 73,531 80,140 79,359
Board of Appeals 37,340 37,340 36,314 38,928 37,876
2,534,223 2,534,223 1,964,162 2,885,775 2,649,879
PUBLIC SAFETY
Police Department 4,125,693 4,125,693 3,576,515 4,466,827 4,178,937
Fire 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
Management 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
EDUCATION
N A Public Schools 35,278,496 35,278,496 33,408,143 36,979,224 36,266,724
35,278,496 35,278,496 33,408,143 36,979,224 36,266,724
PUBLIC WORKS
Administration 370,443 371,648 381,033 366,117 389,194
Street& Sidewalks 741,231 740,026 644,293 871,780 791,228
Solid Waste
Recycling 1,421,036 1,461,989 1,319,516 1,472,928 1,377,126
Fleet Maintenance 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 685,530 685,530 664,786 685,530 685,530
3,966,875 3,966,875 3,460,628 4,141,607 3,981,724
May 13, 2008 Page 21
Finance
ARTICLE 10 Committee/
GENERAL Adjusted Department BOS/Town
APPROPRIATION ATM Fiscal 2008 YTD Requested Manager
ARTICLE (CONT.) FY2008 Year 2008 1-31-2008 FY2009 Recommend
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 Service 233,263 233,263 206,098 296,119 246,777
Veterans Service 210,457 210,457 130,568 222,898 222,666
848,664 848,664 700,262 936,913 883,304
CULTURE &
RECREATION
Stevens Library 801,060 801,060 591,163 835,030 810,557
Festivals Committee - - - - 9,500
Recreation - - - - -
Historical
Commission - - - - -
801,060 801,060 591,163 835,030 820,057
DEBT SERVICE
Excluded-Principal
Long Term 3,269,700 3,169,701 1,969,701 3,239,856 3,239,856
Excluded- Interest-
Long Term 1,535,732 1,535,732 1,142,661 1,390,230 1,390,230
Excluded- Interest-
Short Term - - - - -
Included-Principal-
Long Term 3,400,053 2,924,863 2,358,771 3,121,477 3,121,477
Included- Interest-
Long Term 571,269 571,269 424,289 531,550 531,550
Included- Interest-
Short Term - 57,293 - 90,000 90,000
8,776,753 8,258,857 5,895,422 8,373,113 8,373,113
May 13, 2008 Page 22
Finance
ARTICLE 10 Committee/
GENERAL Adjusted Department BOS/ Town
APPROPRIATION ATM Fiscal 2008 YTD Requested Manager
ARTICLE (CONT.) FY2008 Year 2008 1-31-2008 FY2009 Recommend
EMPLOYEE
BENEFITS
Retirement
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
Unemployment
Compensation 120,000 120,000 41,404 133,200 133,200
Group Insurance 8,015,598 8,015,598 4,754,516 8,797,314 8,300,000
Health Insurance -
IBNR 135,000 135,000 - 100,000 -
Payroll Taxes 467,600 467,600 288,247 533,064 533,064
Police &Fire
Accident & Sickness
Inc. 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
INSURANCE
499,819 499,819 321,576 474,828 474,828
CAPITAL &
RESERVES
Finance
Committee Reserve - - - - -
Transfer to
Stabilization Fund - - - - -
Articles - - - - -
Overlay 350,000 353,952 - 350,000 350,000
350,000 353,952 - 350,000 350,000
May 13, 2008 Page 23
ARTICLE 10 Finance
GENERAL Committee/
APPROPRIATION Adjusted Department BOS/Town
ARTICLE (CONT.) ATM Fiscal 2008 YTD Requested Manager
FY2008 Year 2008 1-31-2008 FY2009 Recommend
STATE
ASSESSMENTS
Special Education 17,276 17,276 - 17,276 7,174
Retired Teachers
Health Insurance 1,700,325 1,700,325 850,163 1,960,000 1,811,038
Mosquito 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 Renewal
Surcharge 15,820 15,820 8,790 9,314 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
Assessment 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 75,397,305 74,883,361 62,633,343 79,548,718 76,967,952
Or to take any other action relative thereto.
Board of Selectmen
May 13, 2008 Page 24
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
FINANCE COMMITTEE EXPLANATION:
This article is the main appropriation of funds for the Town of North Andover for fiscal year
2009. Town Meeting is being asked to vote on the total budget lines (the bolded lines in 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 25
Article 11. Water Enterprise Fund Appropriation - Fiscal Year 2009. To see if the Town
will vote to appropriate from Water Enterprise Fund Revenues, transfer from available funds or
otherwise provide a sum or sums of money for the purpose of funding the Water Enterprise Fund
for the Fiscal Year beginning July 1, 2008 and ending June 30, 2009;
Or to take any other action relative thereto.
Board of Selectmen
WATER ENTERPRISE
FY 2009
Recommendation
Town Manager
FY2008 Department Board of Selectmen
Budget Request Finance Committee
Personnel 753,856 806,754 806,754
Expense 1,312,578 1,490,050 1,404,000
Debt Service 2,796,671 2,836,260 2,836,260
Sub-Total
Direct Expenditures 4,863,105 5,133,064 5,047,014
Admin/Indirect 560,462 577,276 591,196
Total Water Enterprise 5,423,567 5,710,340 5,638,210
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
The purpose of this article is to fund the Water Enterprise Fund. This fund is supported by water
usage charges.
The water rate is set by the Board of Selectmen and is established based on the total expenses of
the department, including debt service, direct and indirect expenses, and the consumption 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 26
Article 12. Sewer Enterprise Fund Appropriation - Fiscal Year 2009. To see if the Town
will vote to appropriate from Sewer Enterprise Fund Revenues, transfer from available funds or
otherwise provide a sum or sums of money for the purpose of funding the Sewer Enterprise Fund
for the Fiscal Year beginning July 1, 2008 and ending June 30, 2009;
Or to take any other action relative thereto.
SEWER ENTERPRISE
FY2009
Recommendation
Town Manager
Board of
FY2008 Department Selectmen
Finance
Budget Request Committee
Personnel 372,928 407,272 407,272
Expense 256,477 296,400 265,000
GLSD Assessment 1,320,613 1,373,822 1,373,822
Settlement 56,000 56,000 56,000
Debt Service 1,871,507 2,229,208 2,101,707
Sub-Total Direct
Expenditures 3,877,525 4,362,702 4,203,801
Admin/Indirect 299,238 308,215 348,894
Total Sewer Enterprise 4,176,763 4,670,917 4,552,695
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
The purpose of this article is to fund the Sewer Enterprise Fund. This fund is supported by water
usage charges.
The sewer rate is set by the Board of Selectmen and is established based on the total expenses of
the department, including debt service, direct and indirect expenses, and the consumption of 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 27
Article 13. Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year
2009. To see if the Town will vote to appropriate from Stevens Estate at Osgood Hill
Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of
money for the purpose of funding the Stevens Estate at Osgood Hill Enterprise Fund for the
Fiscal Year beginning July 1, 2008 and ending June 30, 2009;
Or to take any other action relative thereto.
Board of Selectmen
STEVENSESTATE
AT OSGOOD HILL ENTERPRISE
FY2009
FY2008 Department Recommendation
Budget Request Town Manager
Personnel 186,200 145,207 84,000
Expense 262,409 214,600 150,203
Debt Service 0 0 0
Sub-Total Direct Expenditures 448,609 359,807 234,203
Admin/Indirect 71,391 73,533 64,176
Total Stevens Estate Enterprise 520,000 433,340 298,379
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
The primary purpose of the "Stevens Estate at Osgood Hill Enterprise" is the preservation of the
Town's Osgood Hill property by renting out the historic Stevens Estate as a conference center
and reception hall. User charges collected from the use of the Estate pay all operational charges
and all related Town overhead charges, and also pay for required maintenance and a modest
amount of improvements each year.
All money expended will come from current user charges or from previously accumulated
revenues.
The property has two important and distinct purposes: (1) preservation of open space and
protection of our reservoir, on whose shores the property sits; and (2) preservation of an
outstanding, historic, and useful structure.
May 13, 2008 Page 28
Article 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 Capital Improvement Program as detailed below:
Fiscal Year 2009 CIP
Recommendations
Line Town Manager's
# Proiect Description Recommendations
1 Sidewalk Reconstruction $ 50,000
2 Roadway (Unaccepted) Improvements $ 495,000
3 Sidewalk 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 Fire Arms Replacement $ 54,000
10 Relocation Main Street Fire Station $ 400,000
11 Electronic EMS Reporting System $ 50,000
12 System Re-engineering $ 185,000
General Fund Total $ 198699600
13 Truck/Compressor $ 38,000
14 Pick up Truck $ 35,000
15 Water Main Rehab $ 550,000
16 Foxwood Booster Pumping $ 325,000
Water Enterprise Fund Total $ 9489000
17 East Side Trunk Sewer $ 750,000
Sewer Enterprise Fund Total $ 7509000
Total -All Capital Projects $ 395679600
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
May 13, 2008 Page 29
FINANCE COMMITTEE EXPLANATION:
A capital improvement is a major, non-routine expenditure for new construction, major
equipment purchase, or improvement to existing buildings, facilities, land, or infrastructure, with
an estimated useful life of five years or more, and a cost of$25,000 or more.
Department supervisors submit a list of capital improvement requirements to the Town Manager
in order of priority. The Town Manager applies a criteria formula to all items. The formula
combines and prioritizes requests from all departments. The Town Manager then recommends
which items should be implemented in the current year. The Selectmen then 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 30
Article 15. Establishment of Revolving Funds. To see if the Town will vote to authorize
the following revolving funds for certain Town departments under Massachusetts General
Laws, Chapter 44, Section 53E '/z for the Fiscal Year beginning July 1, 2008;
Revolvin Fund Accounts
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
Manager part time help and related Fund-
raising 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-
raising proceeds
Participants'fees,
3 2031217 Elder Services Assistant Senior programs, Grants,Donations
COA Revolving Town Manager classes and and related Fund- $ 25,000
activities raising proceeds
Clinic participant
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 Wheelabrator Community Air quality Wheelabrator Host
Planning Development monitoring Community $ 35,000
Division Agreement
Director
6. 2031205 Wheelabrator Community To enforce Trash Wheelabrator Host
Public Safety Development Truck regulations Community $ 20,000
Division Agreement
Director
7. 2031206 Wheelabrator Community Protection of health, Wheelabrator 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: IS 454,066
May 13, 2008 Page 31
Revolvin Fund Account Receipts and Expenditures
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 Servic 266,020 $ 237,575 $ (226,711) $276,884 $ 59,246 $ (176,528) $ 159,603
Revolving
2. 2031210 Field Maintenance $ 26,750 $ 200 1 $ (8,540) $ 18,411 $ 500 $ - $ 18,911
3. 2031217 Elder Servic 1,938 $ 17,270 $ (15,013) $ 4,195 $ 8,894 $ (11,686) $ 1,403
-COA Revolving
4. 2031211 Health D $ 11,162 $ 23,633 $ (29,342) $ 5,453 $ 24,202 $ (24,653) $ 5,001
Revolving
5. 2031204 Wheelabrator $ 76,677 $ 25,000 $ (36,618) $65,059 $ 25,000 $ (13,775) $ 76,284
Planning
6. 2031205 Wheelabrator $ 71,183 $ 12,700 $ (13,851) $70,032 $ 14,240 $ (5,021) $ 79,251
Public Safety
7. 2031206 Wheelabrator $ 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 Inspections
9. 2031208 Health Dept- $ 30,081 $ 25,950 $ (26,531) $29,500 $ 15,985 $ (11,148) $ 34,337
Septic Inspections
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
This article seeks to reauthorize several existing revolving funds. Under Massachusetts General Laws
(excerpted below), certain revolving funds are required to be annually reauthorized by vote of Town
Meeting. The authorization must include the purpose and programs for which funds may be spent,
which revenues will be credited to the fund, who is authorized to expend fund money, and a limit on
the total expenditures allowed in the year.
May 13, 2008 Page 32
FINANCE COMMITTEE EXPLANATION: (Continued)
Revolving Funds provide an effective means of accounting for expenses that are supported by fees and
donations; in other words, expenses that are "self-funded". In some cases, these Funds allow for the
continuation of services that might otherwise become a casualty of budget cutting by directing revenues
into these specific Funds instead of into the General Fund. It encourages Department Heads and
interested citizens to find alternate means of supporting an initiative.
The Finance Committee supports the use of Revolving Funds for their intended purposes, as these are.
MGL Chapter 44: Section 53E 1/2 Revolving funds
a city or town may annually authorize the use of one or more revolving funds by one or more
municipal agency, board, department or office which shall be accounted for separately from all other
monies in such city or town and to which shall be credited only the departmental receipts received in
connection with the programs supported by such revolving fund. Expenditures may be made from such
revolving fund without further appropriation, subject to the provisions of this section; provided,
however, that expenditures shall not be made or liabilities incurred from any such revolving fund in
excess of the balance of the fund nor in excess of the total authorized expenditures from such fund, ...
Interest earned on any revolving fund balance shall be treated as general fund revenue of the city or
town. ...
A revolving fund established under the provisions of this section shall be by vote of the annual town
meeting in a town, upon recommendation of the board of selectmen, ... Such authorization shall be
made annually prior to each respective fiscal year; provided, however, that each authorization for a
revolving fund shall specify: (1) the programs and purposes for which the revolving fund may be
expended; (2) the departmental receipts which shall be credited to the revolving fund; (3) the board,
department or officer authorized to expend from such fund; (4) a limit on the total amount which may
be expended from such fund in the ensuing fiscal year; ...
In any fiscal year the limit on the amount that may be spent from a revolving fund may be increased ...
with the approval of the selectmen and finance committee, if any, in a town; ...
The board, department or officer having charge of such revolving fund shall report to the annual town
meeting ... the total amount of receipts and expenditures for each revolving fund under its control for
the prior fiscal year and for the current fiscal year through December thirty-first, or such later date as
the town meeting or city council may, by vote determine, and the amount of any increases in spending
authority granted during the prior and current fiscal years, together with such other information as the
town meeting or city council may by vote require.
At the close of a fiscal year in which a revolving fund is not reauthorized for the following year, or in
which a city or town changes the purposes for which money in a revolving fund may be spent in the
following year,the balance in the fund at the end of the fiscal year shall revert to surplus revenue unless
the annual town meeting ... vote to transfer such balance to another revolving fund established under
this section.
http://www.state.ma.us/legis/laws/mgl/44-53e.5.htm
May 13, 2008 Page 33
Article 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
Laws Chapter 44B, a sum of money to be spent under the direction of the Community
Preservation Committee;
List of Appropriations — Community Preservation Fund
Description Amount Category
Old Police Court Refurbishment $91,476 Historical Preservation
Stevens Estate Restoration $30,000 Historical Preservation
Windows (Phase II)
Former Greenery Property $1,350,000 Affordable Housing
Neighborhood of Affordable
Housing (NOAH) to create 42 new
affordable housing units
Reserve for Open Space $231,200 Open Space Protection
Reserve for Historical Preservation $109,724 Historical Preservation
Administrative Costs $5,000 Administration
Total Appropriations $1,817,400
Or to take any other action relative thereto.
Community Preservation Committee
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
May 13, 2008 Page 34
FINANCE COMMITTEE 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 March of the same year. As adopted, it levies a 3%
surcharge on property taxes with two exemptions: $100,000 off of the value of every residential
property, and a complete exemption on property owned and occupied by people who qualify for
low-income housing or low- or moderate-income senior housing.
State matching funds are disbursed each October for the preceding fiscal year. The CPA was
required to remain in effect for at least five years, an obligation that was met from FY'02 to
FY'06. Surtaxes must continue until all debt has been retired. The process for revoking or
reducing the surcharge is the same as that used for adoption (Town Meeting followed by Ballot
Election).
The Community Preservation Committee (CPC) annually recommends how funds should be
spent or set aside for future spending among the allowable categories of a) open space; b)
historic preservation; c) affordable housing; and d) land for recreational use, with a minimum of
10% required in each of the first three categories. In addition, a maximum of 5% may be spent
on administrative expenses by the CPC. Town Meeting may either approve or reduce the
recommended expenditures, but cannot add to them.
Article 17. Continuation of MGL Chapter 59 Section 5C — Senior Work Program —
Increase Funding to $18,000. To see if the Town will vote to continue the provisions of
Massachusetts General Laws Chapter 59 Section 5C — Senior Work Program for a total
authorization of$18,000;
Or to take any other action relative thereto.
Council on Aging
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
May 13, 2008 Page 35
FINANCE COMMITTEE EXPLANATION:
The law referred to provides in substantial part that:
Chapter 59: Section 5K. Property tax liability reduced in exchange for volunteer services;
persons over age 60
Section 5K. In any city or town which accepts the provisions of this section, the Board of
Selectmen of a town ... may establish a program to allow persons over the age of 60 to volunteer
to provide services to such city or town. In exchange for such volunteer services, the city or town
shall reduce the real property tax obligations of such person over the age of 60 on his tax bills
and any reduction so provided shall be in addition to any exemption or abatement to which any
such person is otherwise entitled and no such person shall receive a rate of, or be credited with,
more than the current minimum wage of the commonwealth per hour for services provided
pursuant to such reduction nor shall the reduction of the real property tax bill exceed $800 in a
given tax year. ... Such cities and towns shall have the power to create local rules and procedures
for implementing this section in any way consistent with the intent of this section. ...
In July 2008, with the increase in the Common Wealth 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$16,500 would allow a
minimum of 20 seniors ($8.00/hour * 100 hours/year = $800/year * 20 people = $16,000).
Participants 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 their 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 taxes raised to pay for abatements,
exemptions, and tax reductions. However, while the funds do not come directly from the General
Fund, this Article does have the same overall effect as taking this money from the General Fund
since all money left over in the Overlay is eventually returned to the General Fund as surplus.
Article 18. Appropriate Funds for 4th 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 4th of July
fireworks display for calendar year 2008;
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
May 13, 2008 Page 36
FINANCE COMMITTEE EXPLANATION:
The Town of North Andover has a long tradition of holding an annual 4th of July fireworks
show. Prior to a couple of years ago, the expenses for this show were entirely born by the town.
For the last couple of years, due to budget constraints, the funding has been entirely raised by
private contribution.
Article 18 seeks to restore town funding of the fireworks display.
Article 19. Appropriation and Transfer of Funds to Purchase the Former Merrimack
Valley Federal Credit Union Building Located at 1475 Osgood Street and Renovate the
Building for Use as a Police Station. 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 acquire the former Merrimack Valley Federal Credit
Union building and land located at 1475 Osgood Street, and to authorize the Board of Selectmen
to acquire said building and land by gift, purchase, or eminent domain, on terms and conditions
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 police station, and furthermore;
To see if the Town will vote to amend the vote taken on Article 22 — Appropriation of Funds —
Town Owned Buildings into New 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
acquiring and rehabilitating a non-town owned building into a New Police Station, and any costs
incidental or related thereto; that to meet this appropriation $903,288 shall be transferred from
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/Article Number Date of Bonds
$60,000 Fire & Police Station Planning May 11, 1998 (Article 34) Sept. 1, 1998
$265,262 Police Station Renovation May 14, 2001 (Article 8 #7) April 1, 2002
$578,026 New Police Station Design May 13, 2002 (Article 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 is changed to the following:
May 13, 2008 Page 37
"Rehabilitating a Town owned building or acquiring and rehabilitating a non-town owned
building into a New Police Station"; that the Vote of the Town passed June 5, 2006 under Article
24 of the warrant for the 2006 Annual Town Meeting is otherwise confirmed 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 Main Street to the Board of Selectmen for purposes of selling such land
and building and to authorize such sale, with or without conditions regarding the use of the land
and building, and to further appropriate $650,000 raised from the sale of the land and buildings
to be used for acquiring and rehabilitating a non-town owned building into a police station;
Or to taken any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
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
accomplish this alternative, this article seeks to:
To raise and appropriate, transfer from available funds or borrow the sums of money necessary
to acquire and renovate the former Merrimack Valley Credit Union building;
To amend Article 24 voted on at the 2006 Annual Town Meeting and Article 22 voted on at the
2007 Annual Town Meeting for the purpose of expanding those Articles to permit the use of
funds to be expanded to include "acquiring and rehabilitating a non-town owned building";
Sell the land and building where the current police station is located and appropriate those funds
for use towards the acquisition and rehabilitation of the former Merrimack Valley Credit Union
building.
May 13, 2008 Page 38
Article 20. Amend Article 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 New 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
acquiring and rehabilitating a non-town owned building into a New Police Station, and any costs
incidental or related thereto; that to meet this appropriation $903,288 shall be transferred from
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 Date/Article Number Date of Bonds
$ 60,000 Fire & Police Station Planning May 11, 1998 (Article 34) September 1, 1998
$265,262 Police Station Renovation May 14, 2001 (Article 8 #7) April 1, 2002
$578,026 New Police Station Design May 13, 2002 (Article 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 is changed to the following:
"Rehabilitating a Town owned building or acquiring and rehabilitating a non-town owned
building in a New Police Station"; that the Vote of the Town passed June 5, 2006 under Article
24 of the warrant for the 2006 Annual Town Meeting is otherwise confirmed 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 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 Main Street to the Board of Selectmen for purposes of selling such land
and building and to authorize such sale, with or without conditions regarding the use of the land
and building, and to further appropriate $650,000 raised from the sale of the land and buildings
to be used for acquiring and rehabilitating a non-town owned building into a police station;
Or to taken any other action relative thereto.
Petition of Mark H. Rees and others
Board of Selectmen Recommendation: Unfavorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
May 13, 2008 Page 39
Article 21. Bradstreet School — 70 Main 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 police 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 police station;
D) Transfer the care, custody and control of the land and building where the current Police
Station is located at 566 Main Street to the Board of Selectmen for purposes of selling such land
and building and to authorize such sale, with or without conditions regarding the use of the land
and building, and to further appropriate $650,000 raised from the sale of the land and buildings
to be used for the restoration of the Bradstreet School for use as a police station;
Or to take any action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
This article seeks Town Meeting approval to continue the conversion of the Bradstreet
School into the Town's Police Station. The project will be funded from a number of sources
namely:
1. Proceeds from Bond Sale $ 4,833,000
2. Community Preservation Funds 2,400,000
3. Proceeds from sale of land current 650,000
Police Station
4. Recaptured (unexpended)funds from 137,000
Town Meeting 2007 Article 22
$ 8,020,000
May 13, 2008 Page 40
Article 22. Authorize Borrowing of Funds for the Construction of a School Facility —
Route 125/133 —Adiacent to Atkinson School and Middle School. 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 to be spent under the direction of
the School Building Committee necessary for the design, engineering, construction, furnishing
equipping and any related costs of a school facility to be located on town owned land on Route
125/133 Chickering 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 funds from
the Osgood Landing 40R state grant;
Or to take any action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
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 Law Chapter 44 Section 20 in part sets forth the use of unexpended bond
proceeds as follows:
-----------If a loan has been issued for a specific purpose but the project for 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 thirds vote of the voters present and voting thereon at an annual town or district
meeting, may vote to abandon or discontinue the project and the unexpended proceeds of the
loan may therefore be appropriated for any purpose for which a loan may be authorized for an
equal or longer period of time than that for which the original loan, including temporary debt
was issued.
Article 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 following functions: purchasing, payroll, information technology and facility management;
Or to take any other action relative thereto.
Board of Selectmen
May 13, 2008 Page 41
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
Article 23 asks Town Meeting to accept Massachusetts General Law Chapter 71 Section 37M
which allows the Town's school department to consolidate adminisration functions with the
Town's municipal operations. In this event, consolidation of the facilities management and
maintenance functions would potentially allow 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
consistent purchasing, payroll, it and facilities maintenance program as well as potentially find
savings through operating efficiencies and economies of scale.
Article 24. Petition the Legislature — Special Act to Exempt the Town of North Andover
from Portions of Prevailing Wage Act. To see if the Town will 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 Laws Chapter 149,
Sections 26 through 27G, the Prevailing Wage Law, so called, for projects estimated to cost
$50,000 or less;
Or to take any action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
Article 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 existing 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
bylaw is not legally enforceable or was chosen not to be defended in court.
May 13, 2008 Page 42
Subject to this provision, the Town will be required to bring forth the necessary amendments that
will remove any proven illegality from the bylaw. Any town official shown to have violated the
requirements of the bylaw without demonstrated legal standing, shall be removed from his/her
position as a permit 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 Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
Article 26. Enforcement of Wireless Service Facilities Zoning Bylaw-Section 8.9.3
c v 1 . To see if the Town will vote to enforce Wireless Service Facilities Section 8.9.3 (c)(v)
(1) of the Zoning Bylaw of the Town of North Andover, which states in 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 uses of 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 Appeals will
hold a public hearing for the Site Plan Review Special Permit that is required under the
aforementioned bylaw to allow Omnipoint Communications, Inc. to operate a wireless facility
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 sites fall within the
scope of residential and/or educational use;
Or to take any action relative thereto.
Petition of Michael Dyer and others
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
Article 27. Amend General Bylaws-Add New Section - Chapter 92 - Eminent Domain.
To see if the Town will vote to amend it's General Bylaws by adding a new section, Chapter 92,
Eminent Domain:
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
against the expressed will of the owner through the use of eminent domain procedures, shall, in
May 13, 2008 Page 43
light of the Kelo vs. New London U.S. Supreme Court decision, be specifically further limited 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
public use and ownership to include public open spaces, parks, and watershed protection districts
and never for the purposes of economic development or the enhancement of the local 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
accordance with the provisions of Chapter 60 of Massachusetts General Law;
Or to take any other action relative thereto.
Petition of Edwin P. Tripp III and others
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
Article 28. Amend General Bylaws — Chapter 17 — Section 17-9-Revenue/Fixed 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 Committee or its designees shall, in addition to its above duties, annually prepare a five
year, non-binding financial forecasting plan which projects revenues, revenue sources and
expenditures for the five years next ensuing. The forecast shall include all elements of revenue,
operating expense and debt service.
The financial forecasting plan shall be completed no later than March 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 Committee and the public.
The Committee shall update the forecasting plan as deemed necessary, but in no event less than
once every six months.
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 relative thereto.
Petition of Edwin P. Tripp III and others
May 13, 2008 Page 44
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
Based on a Petition of the Finance Committee, Chapter 17 of the North Andover Bylaws
was amended at the 2004 Annual Town Meeting to create a Revenue/Fixed Costs Review
Committee to advise the Town Manager prior to the compilation of the Town Manager'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 Superintendent, and the Town Accountant/Finance Director. The Town Manager also
serves as an ex-officio member of the committee.
Per the Finance Committee Explanation in the 2004 warrant, the purpose of the Committee was
threefold:
1. Provide more timely estimates of key budget components.
2. Provide input from a larger number of Town officials.
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
in the budget process (within 45 days of first meeting, which begins within 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 budgets with, 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 begins with a reasonable estimate of revenues, debt service and some very specific 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.
Article 29. Acceptance of Foulds Terrace as a Public Way. To see if the Town will vote to
accept Foulds Terrace as a public way and authorize the Board of Selectmen to acquire by
eminent domain, gift, purchase or otherwise any fee, easement or other interest in land known as
Foulds Terrace as shown on a plan entitled "Layout Plan of Foulds Terrace Located in North
Andover, MA, Prepared for the Town of North Andover, MA, Scale 1" = 40', Date 2/08/08,
May 13, 2008 Page 45
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
taking or payment for said acquisition;
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
Warrant Articles 29 & 30 provide for the `acceptance' by the Town of certain roadways.
Warrant Article 30 also provides for the `acquisition' by the Town of certain roadways.
These warrant articles provide for the `acceptance' by the Town of certain roadways.
In general, new roads are frequently created by a developer building a subdivision. Those private
roads that meet Town standards can be `accepted' by the Town from the developer. At that point,
the road moves from private ownership to Town ownership. The process of road acceptance
includes numerous physical and legal requirements and inspections. Once all those requirements
are met, Town Meeting may vote to accept the road for the Town under MGLA, Ch. 82, sec. 23.
No appropriation of Town funds is required for the `acceptance' articles, however before certain
private ways may be accepted the Town must allocate funds to bring any noncompliant 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 ("URIP"). The URIP prioritizes `private' roadways, then reconstructs,
repaves, installs drainage, etc. in order to meet Town standards. The Town funds the URIP
through the Capital Improvements Program.
The only practical way, according to Town Counsel, to `acquire' roadways is through an eminent
domain taking. The chances of the original developer-corporation demanding compensation are
remote (the developer-corporation is currently liable legally for the roadway). As such, no
additional appropriation of Town funds is required for `acquisition' articles.
Once `accepted' or `acquired', the roadway becomes `public' (i.e., Town-owned), and State
funds (MGLA, Ch. 90) may be used for paving, repairs, etc. Since State `Chapter 90 Highway
Grants' are based on the number of miles of town roads, each road `accepted' or `acquired' adds
to the Town's share of State aid received.
May 13, 2008 Page 46
Article 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
fee, easement or other interest in land known as Autran Avenue for purposes of a public way,
and for any other municipal purpose, as shown on a plan 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
taking, or payment for said acquisition;
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
Article 31. Establishment of Excavation & Trench Safety Board. To see if the Town will,
pursuant to Massachusetts General Laws 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 is defined by Massachusetts General Laws Chapter 82A, Section 4 and 520 CMR
14.00 and vote that the Board of Selectmen shall have the authority to establish fees for the
issuance of such permits;
Or to take any other action related thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE REPORT:
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 laws and regulations such as Dig Safe for the protection of workers and the
general public as a result of construction excavation.
Article 32. Amend Vote Article 42-1997 Annual Town Meeting Removal of Development
Restrictions on Map 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
Meeting to allow for the construction of athletic fields on Assessors Map #64, Parcels 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,
May 13, 2008 Page 47
Or take any action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
Article 33. Amend North Andover General Bylaws, New Chapter, Chapter 160,
Stormwater Management & Erosion Control Bylaw. To see if the Town will 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 as follows:
Chapter 160
Stormwater Management & Erosion Control Bylaw
160-1. Purpose
A. Increased volumes of stormwater, contaminated stormwater runoff from impervious
surfaces, and soil erosion and sedimentation are major causes of:
1. impairment of water quality in lakes, ponds, streams, rivers, wetlands and
groundwater.
2. decreased flow in lakes, ponds, streams, rivers, wetlands and groundwater;
3. contamination of drinking water supplies;
4. erosion of stream channels;
5. alteration or destruction of aquatic and wildlife habitat;
6. flooding; and,
7. overloading or clogging of municipal and private catch basins and storm drainage
systems; and
8. flooding and erosion on abutting properties.
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 welfare of the general public and protect the natural resources of the Town.
B. The objectives of this Bylaw are to:
1. Protect water resources;
2. Require practices that eliminate soil erosion and sedimentation;
May 13, 2008 Page 48
3. Control the volume and rate of stormwater runoff resulting from land disturbance
activities in order to minimize potential impacts of flooding;
4. Require practices to manage and treat stormwater runoff generated from new
development and redevelopment;
5. Protect groundwater and surface water from degradation or depletion;
6. Promote infiltration and the recharge of groundwater;
7. Prevent pollutants from entering the municipal and private storm drain 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 implemented and maintained;
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 impacts to water quality;
12. Comply with state and federal statutes and regulations relating to stormwater
discharges; and
13. Establish the legal authority of the Town of North Andover to ensure compliance
with the provisions of this Bylaw through inspection, monitoring and enforcement.
160-2 Definitions
ABUTTER: The owner(s) of land abutting the land disturbance site.
AGRICULTURE: The normal maintenance or improvement of land in agricultural or
aquacultural use, as defined by the Massachusetts Wetlands Protection Act(M.G.L. c.
131 § 40) and its implementing regulations (3 10 CMR 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
flowing from the area. Such changes include, but are not limited to: change from distributed
runoff to confined, concentrated discharge; change in the volume of runoff from the area;
change in the peak rate of runoff from the area; and change in the recharge to groundwater on
the area.
APPLICANT: Shall be the owner of record of all of the land shown on any plan submitted
for approval to the Stormwater Committee in accordance with the Stormwater Management
Bylaw and Regulations, any person or persons acting on behalf of the applicant for 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
applicant shall not act on behalf of the owner. The applicant shall submit the title reference or
references from the Essex County Registry of Deeds indicating the owner of record. All
applications shall include original signatures of all owners.
May 13, 2008 Page 49
AUTHORIZED ENFORCEMENT AGENCY: The Stormwater Committee and its
employees or agents who will be in charge of enforcing the requirements of this bylaw.
BEST MANAGEMENT PRACTICE (BMP): An activity, procedure, restraint, or
structural improvement that helps to reduce the quantity or improve the quality 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, chemicals, litter and sanitary 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
Regulations authorized under this bylaw.
DETENTION: The temporary storage of storm runoff, used to control the peak discharge
rates, and which provides settling of pollutants.
DEVELOPMENT: The modification of land to accommodate a new use or expansion of
use, usually involving construction.
DISTURBANCE OF LAND: Any action, including clearing and grubbing, that causes a
change in the position, location, or arrangement of soil, sand, rock, gravel, or similar earth
material.
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 vehicle traffic 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 CMR 10.00) and the Forest Cutting
Practices Act Regulations (304 CMR 11.00).
GRADING: Changing the level or shape of the ground surface.
GRUBBING: The act of clearing land surface by digging up roots and stumps.
IMPERVIOUS SURFACE: Any material or structure on or above the ground that limits
water infiltrating the underlying soil. Impervious surface includes without limitation: roads,
paved parking lots, sidewalks, sports courts and rooftops. Impervious surface also includes
soils, gravel driveways, and similar surfaces with a runoff coefficient (Rational Method)
greater than 85.
May 13, 2008 Page 50
LAND-DISTURBING ACTIVITY or LAND DISTURBANCE: Any activity, including
clearing and grubbing, that causes a change in the position or location of soil, sand, rock,
gravel, or similar earth material.
LAND-DISTURBANCE PERMIT: A permit issued by the Stormwater Committee.
LOT: An area of land in one ownership, with definite boundaries, used, or available for use,
as the site of one or more buildings
MASSACHUSETTS ENDANGERED SPECIES ACT: (M.G.L. c. 131A) and its
implementing regulations at (321 CMR 10.00) which prohibit the "taking" of any rare plant
or animal species listed as Endangered, Threatened, or of Special Concern.
MASSACHUSETTS STORMWATER MANAGEMENT POLICY: The Policy issued by
the Department of Environmental Protection, as amended, that coordinates the requirements
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 (MS4): The system of conveyances designed or used for collecting or
conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet,
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 drainage system owned or operated by the Town of North Andover.
OPERATION AND MAINTENANCE PLAN: A plan developed by a Massachusetts
licensed professional engineer (PE) describing the functional, financial and organizational
mechanisms for the ongoing operation and maintenance of a stormwater management system
to ensure that it continues to function as designed.
OUTFALL: 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
sociologic, recreational, ecological and/or aesthetic values and are subject to more stringent
requirements under both the Massachusetts Water Quality Standards (314 CMR 4.00) and the
Massachusetts Stormwater Management Standards. ORWs include vernal pools certified 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 specifically designated.
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.
May 13, 2008 Page 51
PERMITTEE: The person who holds a land disturbance permit and therefore bears the
responsibilities and enjoys the privileges conferred 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
container from which pollutants are or may be discharged.
PRE-CONSTRUCTION: All activity in preparation for construction.
PRIORITY HABITAT OF RARE SPECIES: Habitats delineated 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, including any road with a drainage system, street, gutter, curb, inlet, piped storm
drain, pumping facility, retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise the storm drainage
system that is not owned and maintained 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: The holding of stormwater runoff in a basin without release except by means
of evaporation, infiltration, or emergency bypass.
RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface.
SEDIMENT: Mineral or organic soil material that is transported by wind or water from its
origin to another location; the product of erosion processes.
SEDIMENTATION: The process or act of deposition of sediment.
SITE: Any lot or parcel of land or area of property where land-disturbing activities are,
were, or will be performed.
SLOPE: The incline of a ground surface expressed as a ratio of horizontal distance to
vertical distance.
May 13, 2008 Page 52
SOIL: Earth materials including duff, humic materials, sand, rock and gravel.
STABILIZATION: The use, singly or in combination, of mechanical, structural, or
vegetative methods, to prevent or retard erosion.
STORMWATER: Stormwater runoff, snow melt runoff, surface water runoff and drainage.
STORMWATER COMMITTEE: 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, drawings and details prepared by a Massachusetts licensed qualified professional
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 maintenance requirements for structural best management practices.
STRIP: Any activity which removes the vegetative ground surface cover, including tree
removal, clearing, grubbing, and storage or removal of topsoil.
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 populations of fish, because of periodic drying. Vernal Pools serve as breeding sites
for unique organisms and may be protected by state, local and federal laws. 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 snowmelt 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 temporarily flooded amphibian breeding habitat, as well 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
shrimp or their eggs; or documented presence of water in a confined basin depression 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, including a
river, brook, or stream.
WETLAND RESOURCE AREA: Areas specified in the Massachusetts Wetlands
Protection Act Massachusetts General Laws Chapter 131, Section 40 and Regulations
promulgated thereunder and in the Town of North Andover Wetland Protection By-law and
Regulations.
May 13, 2008 Page 53
WETLANDS: Wet meadows, marshes, swamps, bogs, areas where groundwater, flowing or
standing surface water or ice provide a significant part of the supporting substrate for a plant
community for at least five months of the year; emergent and submergent communities in
inland waters; that portion of any bank which touches any inland water.
160-3. Authority
This Bylaw 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
disturbance of 40,000 square feet or more of land.
A. Regulated Activities. Regulated activities shall include, but not be limited to:
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
land,
3. Paving or other change in surface material over an area of 40,000 square feet or more
of land,
4. Construction of a new drainage system or alteration of an existing drainage system or
conveyance disturbing 40,000 square feet or more of land,
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
from the area. Such changes include, but are not limited to: change from distributed
runoff to confined, concentrated discharge; change in the volume of runoff from 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 is not exempt from the provisions of this Bylaw.
B. Exempt Activities. The following activities are exempt from the requirements of this
Bylaw:
1. Normal maintenance and improvement of Town owned public ways and
appurtenances to the public 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
public health.
4. Normal maintenance of currently existing landscaping, gardens or lawn areas
associated with a single-family 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
May 13, 2008 Page 54
using the Design Criteria as defined in this bylaw and Regulations may request an
exemption from the requirements of this bylaw. Requests must include a plan 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
Committee will review each request on an individual basis and issue a decision as to
whether the exemption is granted or whether the applicant is required to file for a permit.
160-5. Administration
A. The Stormwater Committee shall administer this bylaw. The Stormwater Committee shall
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
shall designate a Chair of the Committee.
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
Professional Engineers and Environmental Site Monitors.
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
rules and regulations shall not have the effect of suspending or invalidating this Bylaw.
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 infrastructure resources, for execution of the provisions of this Bylaw.
F. All meetings of the Stormwater Committee are subject to the Open Meeting Law. A
notice in the local newspaper of a hearing on the Land Disturbance Application and that
the Stormwater Committee is accepting comments on the Land Disturbance Application
shall be published at the applicant's expense, at least five (5) business days before the
hearing date. The Land Disturbance Application shall be available for inspection by the
public during normal business hours at the Town offices. Comments may be submitted to
the Stormwater Committee during business hours at the Town offices.
May 13, 2008 Page 55
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 issue a permit if it finds that the proposed plan will
protect water resources and meets the objectives and requirements of this Bylaw;
ii. Approve the Application and issue a permit with conditions, modifications,
requirements for operation and maintenance requirements 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 requirements of this Bylaw; or
iii. Disapprove the application and deny a permit if it finds that the proposed plan
fails to 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
application, denying a permit.
I. The Stormwater Committee shall take final action on an Application within 60 days of
receipt of a complete application. If, in the Stormwater Committee's opinion, additional
time or information is required for review, the Stormwater Committee by written
agreement of the applicant may continue a consideration of the request to a date certain
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 allowed 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
Committee shall be final when it is executed by the Stormwater Committee or its chair or
acting chair and filed in the Town Clerk's office. Further relief of a decision by the
Stormwater Committee made under this Bylaw shall be reviewable in the Superior Court
or Land Court in accordance with applicable law. The remedies listed in this Bylaw are
not exclusive of any other remedies available under any applicable federal, state or local
law. No work shall commence until the applicable appeal period has passed with no
appeal or if an appeal has been filed, the appeal has been finally resolved by adjudication
or otherwise.
L. All activity permitted by the Land Disturbance Permit must be completed within one year
of permit issuance. Extensions of time can be granted by the Stormwater Committee upon
formal written request by the applicant. Upon the expiration of one year from the date of
permit issuance if an extension has not been granted the permit shall be considered to be
revoked.
May 13, 2008 Page 56
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
Permit Procedures and Requirements shall be defined and included as part of any rules and
regulations promulgated as permitted under Section 5 of this Bylaw.
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
compliance. The fees shall be sufficient to cover Town secretarial staff and professional staff
and any such other direct and indirect costs to the Town of processing and receiving the
applications. Provided that a revolving fund is established by the Town in accordance with
the provisions of Massachusetts General Laws Chapter 44, Section 530/2, the Stormwater
Committee is also authorized to collect fees from the applicant in amounts sufficient to pay a
Registered Professional Engineer and such other professional consultants as the Stormwater
Committee requires to advise the Stormwater Committee on any and all aspects of the
project. The fees for such professional engineers and consultants shall be paid 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 shall
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 fully 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 rules and regulations promulgated hereunder, where the activity:
1. Is allowed by federal, state or local statutes and/or regulations, or
2. Is in the public interest, and is not inconsistent with the purpose and intent of this
bylaw and its regulations.
May 13, 2008 Page 57
B. Any applicant may submit a written request to be granted such a waiver at the time of
submission. Such a request shall be accompanied by an explanation or documentation
supporting the waiver request and demonstrating that the activity is allowed by federal,
state or local statutes and/or regulations or is in the public interest and is not inconsistent
with the purpose and intent of this bylaw and its regulations.
C. All waiver requests shall be discussed and a decision will be made at the time of final
action by the Stormwater Committee.
D. If in the Stormwater Committee's opinion, additional information is required for review
of a waiver request, the Stormwater Committee may continue a consideration of the
waiver request to a date certain announced at the meeting. In the event the applicant fails
to provide requested information, the waiver request shall be denied.
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 criminal remedies for such violations.
B. Orders. The Stormwater Committee or its authorized agent may issue a written order to
enforce the provisions of this Bylaw or the regulations thereunder, which may include:
1. A requirement to cease and desist from the land-disturbing activity until there is
compliance with the Bylaw or provisions of the land-disturbance permit;
2. Maintenance, installation or performance of additional erosion and sediment control
measures;
3. Monitoring, analyses, and reporting;
4. Remediation of erosion and sedimentation resulting directly or indirectly from the
land-disturbing activity;
C. Compliance with the Operation and Maintenance Plan.
1. If the enforcing person determines that abatement or remediation of erosion and
sedimentation is required, the order shall set forth a deadline by which such
abatement or remediation must be completed.
D. Fines. Any person who violates any provision of this Bylaw, regulation, order or permit
issued thereunder, shall be punished by a fine of $300.00. Each day or part thereof that
such violation occurs or continues shall 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
in Massachusetts General Laws Chapter 40, §21D, which has been adopted by the Town, in
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 continues shall constitute a separate violation.
160-11. Severability
If any provision, paragraph, sentence, or clause of this Bylaw shall be held invalid for any
reason, all other provisions shall continue in full force and effect.
Or to take any other action relative thereto.
May 13, 2008 Page 58
Department of Public Works
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
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 Wetlands 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 enforce the requirements of this bylaw.
Article 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 Neighborhood Conservation District BylaV' to be inserted into the General Bylaws
for the Town of North Andover as Chapter 134.
PREAMBLE:
The Massachusetts Historical Commission has defined a Neighborhood Conservation District as
a group of buildings and their settings that are architecturally and/or historically distinctive and
worthy of protection based on their contribution to the architectural, cultural, political, economic
or social history of the community. A Neighborhood Conservation District bylaw protects the
overall character of the neighborhood by regulating the demolition of significant buildings and
making sure new construction respects the scale, massing, setback and materials of the historic
structures.
May 13, 2008 Page 59
A Neighborhood Conservation District is different from a Local Historic District such as the Old
Center Local Historic District. A Local Historic District is a group of buildings and their settings
that are worthy of protection at the local level, and are generally more historically intact than
buildings in a Neighborhood Conservation District. Local Historic District regulations are
generally more restrictive than Neighborhood Conservation District regulations.
The Machine Shop Village Study Committee (MSVSC) was established by the North Andover
Board of Selectmen in February 2006. The MSVSC reviewed Machine Shop Village history,
reviewed requirements for Local Historic Districts and for Neighborhood Conservation Districts
and solicited input from neighborhood residents through numerous public meetings. A
Neighborhood Conservation District will benefit the Town by preserving the fabric of historic
Machine Shop Village without overly encumbering the residents with restrictions. It is expected
that a Neighborhood Conservation District will be able to preserve structures, eliminate
demolition and require that significant structural changes suit the character of the neighborhood,
without limiting the ability of routine maintenance and minor alterations to be made in a cost-
effective manner.
The proposed Bylaw is as follows:
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 shall be known and may be 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
This by-law is enacted for the purpose of preserving and protecting groups of buildings and their
settings that are architecturally and historically distinctive which constitute or reflect distinctive
features of the architectural, cultural, economic, political or social history of the town and to
limit the detrimental effect of alterations, additions, demolitions and new construction on the
character of the town. Through this bylaw, alterations, additions, demolition and new
construction may be reviewed for compatibility with the existing buildings, setting and
neighborhood character. This bylaw seeks to encourage the protection of the built environment
through a combination of binding and non-binding regulatory review. This bylaw promotes the
public welfare by making the town a more attractive and desirable place in which to live and
work.
May 13, 2008 Page 60
134.3. DEFINITIONS
As used in this Bylaw the following terms shall have the following meaning:
ADDITION: A change to a building that includes additional stories, height or floor area.
ADVISORY REVIEW: An application review procedure that provides non-binding
recommendations to the applicant.
ALTERATION, TO ALTER: A change to a building or part thereof such as removal,
construction, reconstruction, restoration, replication, rehabilitation, demolition and other similar
activities. A change to a building that includes additions and other similar activities. A change
to a site that includes constructing, placing, erecting, installing, enlarging and moving a building
or other similar activities.
APPLICATION: The complete document(s) and supporting material(s) to be submitted by an
applicant desiring to obtain a Certificate to Alter. A complete application shall include
information reasonably deemed necessary by the commission to enable it to make a
determination.
BUILDING: A combination of materials forming a shelter for persons, animals or property.
CERTIFICATE TO ALTER: A document granted by the Neighborhood Conservation District
Commission in order to obtain a building (or demolition)permit.
COMMISSION: The Machine Shop Village Neighborhood Conservation District Commission
COMPATIBLE: A project that meets the design guidelines of the neighborhood conservation
district commission.
DESIGN GUIDELINES: The document used by the Neighborhood Conservation District
Commission to determine whether a proposed project is compatible. The design guidelines are
appended to this bylaw.
DISTRICT: The Neighborhood Conservation District as established in this bylaw.
PERSON AGGRIEVED: An applicant, an abutter or an owner of property within the district.
SUBSTITUTE DOORS: Doors consisting of materials that no longer represent the original
fabric but do maintain the original architectural integrity with respect to form, fit and function.
SUBSTITUTE SIDING: Exterior covering of building consisting of materials that no longer
represent the original fabric or intent.
May 13, 2008 Page 61
SUBSTITUTE WINDOWS: Windows consisting of materials that no longer represent the
original fabric but do maintain the original architectural integrity with respect to form, fit and
function.
134-4. DISTRICT
The Neighborhood Conservation District shall encompass the area shown on the map titled,
Machine Shop Village Plan of Proposed Neighborhood Conservation District, Appendix A,
Figure 1, which is appended to this bylaw and made a part hereof.
134-5. NEIGHBORHOOD CONSERVATION DISTRICT COMMISSION
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 for three years, and
each successive appointment to be made for three years.
The Board of Selectmen may appoint up to five alternate members to the Neighborhood
Conservation District. Said alternate members shall initially be appointed for terms of one, two
and three years, and for three year terms thereafter. In the case of absence, inability to act, or
recusal from action due to a conflict of interest of a Member of the Commission, his or her place
shall be taken by an alternate member designated by the Chairperson, if available, otherwise by
the Vice-Chairperson if available, otherwise by a majority vote of the members and alternate
members of the Commission present.
The Commission shall include, if possible, a minimum of three residents of the district; a
member of the local historical commission; a realtor; an architect and a building contractor
familiar with historic rehabilitation. If possible, the Chairperson of the Commission should be a
resident of the district 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
final decision regarding appointment of members and their qualifications shall be at the
discretion of the Board of Selectmen.
Each member and alternate member shall continue to serve in office after the expiration date of
his or her term until a successor is duly appointed.
Meetings of the Commission shall be held at the call of the Chairperson, at the request of two
members and in such other manner as the Commission shall determine in its Rules and
Regulations. Three members of the Commission shall constitute a quorum.
134-6. NEIGHBORHOOD CONSERVATION DISTRICT COMMISSION POWERS
AND DUTIES
The Commission shall exercise its powers in administering and regulating the alteration of
buildings within the neighborhood conservation district as set forth under the procedures and
May 13, 2008 Page 62
criteria established in this bylaw.
The Commission, after a public hearing duly posted and advertised at least 14 days in advance in
a conspicuous place in Town Hall, may adopt and from time to time amend, reasonable Rules
and Regulations not inconsistent with the provisions of this bylaw or setting forth such forms and
procedures as it deems desirable and necessary for the regulation of its affairs and the conduct of
its business, including requirements for the contents and form of applications for certificates,
fees, hearing procedures and other matters. Amendments to the Rules and Regulations shall be
made by a majority vote of the Commission. The Commission shall file a copy of any such
Rules and Regulations with the office of the Town Clerk.
The Commission, after a public hearing duly posted and advertised at least 14 days in advance in
a conspicuous place in Town Hall may adopt and from time to time amend design guidelines
which set forth the designs for certain alterations which are, in general, suitable for the issuance
of a Certificate to Alter. Amendments to the design guidelines shall be made by a majority vote
of the Commission. No such design guidelines shall limit the right of an applicant for a
Certificate to Alter to present other designs to the Commission for approval.
The Commission shall at the beginning of each year hold an organizational meeting and elect a
Chairperson, a Vice Chairperson and Secretary, and file notice of such election with the office of
the Town Clerk. The Commission shall keep a permanent record of its regulations, transactions,
decisions and determinations and of the vote of each member participating therein. The
Commission shall undertake educational efforts to explain to the public and property owners the
merits and functions of a neighborhood conservation district.
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
issued a Certificate to Alter.
134-8. ALTERATIONS EXCLUDED FROM COMMISSION REVIEW
It shall be the responsibility of the Commission, or its delegate thereof to determine whether an
alteration is exempt from review. The Commission or its delegate thereof shall have seven days
from the date of receipt of a request for Certificate to Alter to make this determination.
The following projects are excluded from Commission review.
• 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 windows and doors, screen windows and doors.
• Removal, replacement or installation of gutters and downspouts.
May 13, 2008 Page 63
• Removal, replacement or installation of window and door shutters.
• Accessory buildings of less than 100 square feet of floor area.
• Removal of substitute siding.
• Alterations not visible from a public way.
• Ordinary maintenance and repair of architectural features that match the existing
conditions including materials, design and dimensions.
• Replacement of existing substitute doors, substitute siding or substitute windows with
new materials that are substantially similar to the existing condition.
• Replacement of original fabric windows or doors with substitute windows or doors that
maintain the architectural integrity with respect to form, fit and function of the original
windows or doors.
• Reconstruction, substantially similar in exterior design, of a building, damaged or
destroyed by fire, storm or other disaster, provided such reconstruction is begun within
one year thereafter and carried forward with due diligence.
134-9. PROCEDURES FOR THE REVIEW OF MAJOR ALTERATIONS
The following major alterations require the submittal of an application for a regulatory review by
the Commission. The decision of the Commission shall be binding on the applicant.
• Demolition of a building or part of a building.
• New construction including buildings and additions.
• Accessibility Improvements including ramps, rails, walkways and mechanical equipment
associated with exterior architectural barriers.
• Replacement of original fabric with substitute siding
• Removal of architectural trim
• Replacement of windows and doors that alters the form, fit or function of the existing
opening.
Within forty five days of the submittal of an application for a major alteration, the Commission
shall hold a public hearing on the application. At least seven days before said public hearing,
public notice shall be given by posting in a conspicuous place in Town Hall. Such notice shall
identify the time, place and purpose of the public hearing. At least seven days before said public
hearing, a copy of said public notice shall be mailed to the applicant, to the owners of all
adjoining properties and of other properties deemed by the Commission to be materially affected
thereby all as they appear on the most recent applicable tax list.
Following the public hearing, the Commission shall determine whether the proposed alteration is
compatible with the purpose of this bylaw and the design guidelines adopted by the Commission.
Determinations shall be made by majority vote of the Commission.
If the Commission determines that the alteration is compatible, the Commission shall issue a
Certificate to Alter. The vote of at least three members shall be required to issue a Certificate to
Alter.
If the Commission cannot determine that the alteration is compatible, the Commission shall
May 13, 2008 Page 64
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 design guidelines or the purpose of this bylaw.
134-10. PROCEDURES FOR ISSUANCE AND FILING OF CERTIFICATES
Each Certificate issued by the Commission shall be dated and signed by its chairperson or such
other person designated by the Commission to sign such Certificates on its behalf. The
Commission shall send a copy of its Certificates and disapprovals to the applicant and shall file a
copy of its Certificates and disapprovals with the office of the Town Clerk and the Building
Commissioner. The date of issuance of a Certificate or disapproval shall be the date of the filing
of a copy of such Certificate or disapproval with the office of the Town Clerk.
If the Commission should fail to make a determination within sixty days of the filing of the
application for a Certificate, or within such further time as the applicant may allow in writing,
the Commission shall thereupon issue a Certificate to Alter due to failure to act.
134-11. ENFORCEMENT AND PENALTIES
The neighborhood conservation district is specifically authorized to institute any and all actions,
proceedings in law and in equity, as they deem necessary and appropriate to obtain compliance
with the requirements of this bylaw or to prevent a threatened violation thereof.
The Commission may designate the Building Commissioner to act on its behalf and to enforce
this Bylaw under the direction of the Commission.
Any owner of a building subject to this bylaw that alters a building without first obtaining a
Certificate to Alter in accordance with the provisions of this bylaw shall be subject to a fine of
Three Hundred Dollars. Each day the violation exists shall constitute a separate offense until the
alteration is corrected, the addition is removed or a faithful restoration of the demolished
building is completed or unless otherwise agreed to by the Commission. If a violation of this
bylaw remains outstanding, no building permit on the premises shall be issued until the violation
is corrected or unless otherwise agreed to by the Commission.
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,
subsections, sentences or clauses shall be held to be invalid or unconstitutional by any court of
competent jurisdiction, the remainder of this Bylaw shall continue to be in full force and effect.
May 13, 2008 Page 65
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 Map of the Town of North Andover, Figure 1 which is a part of this
Bylaw.
FIGURE 1 —MACHINE SHOP VILLAGE CONSERVATION DISTRICT
Machine Shop Village Neighborhood
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Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
May 13, 2008 Page 66
Article 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 Bylaw, Section 4.122
in order to allow a Family Suite as an allowed use within the Residence 4 Zoning District.
Amend Section 4.122 by adding the underlined language to read as follows:
4.122 Residence 4 District
22. Family Suite — A separate dwelling unit located within or attached to a dwelling for a
member of a household hereinafter ("Family 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, rg eat grand parents, cousins in the
first degree, nieces, nephews, lawful in-laws, and or children, or any combination thereof
of the residinz dwellinz unit owner's family;
b. That the premises shall inspected annually by the Building Inspector for conformance to
this section of the Bylaw and the Dwelling Unit Owner shall certify the same, of which,
failure to inspect the premises by the Building Inspector shall not invalidate the Special
Permit:
c. The Special Permit shall 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 Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
Article 35 seeks to amend the zoning by-law 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 single family districts in North Andover.
May 13, 2008 Page 67
Article 36. Amend North Andover Zoning Bylaw — Section 6 Signs and Sign Lighting
Regulations. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw,
Section 6 Signs and Sign Lighting Regulations, 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/Sandwich Board signs within all
zoning districts.
Amend Section 6.3 by adding the following underlined language and renumbering
accordingly to read as follows:
6.3 Definitions
1. A-Frame Sign/Sandwich Board: A portable, temporary sign or device capable of 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
located, or advertises the property as a whole or any part thereof for sale or rent.
3. Animated Sign: Any sign that uses movement or a change of lighting to o depict action or
create a special effect or scene.
4. Building Frontage - The length in feet of a ground floor level 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,
playgrounds, museums, historical sites, public buildings, etc. Sign not to exceed 12"00".
6. Display Window Signs - Temporary signs on the surface of or inside display windows,
lighted only by the general building illumination.
7. Erect - Shall mean and include to construct, place, relocate, enlarge, alter, 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 location of
source of illumination.
12. Marquee - Any sheltering structure of permanent construction projecting from and totally
supported by the wall and/or roof of a building.
13. Non-Accessory Sign - Any sign that is not an accessory sign.
14. Obscene - shall have the meaning as that term is defined in Massachusetts General Laws
Chapter 272, Section 1. Massachusetts General Laws, Chapter 272, Section defines
"obscene" as follows:
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 potentially offensive way; and
May 13, 2008 Page 68
3. Lacks serious literary, artistic, or political 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 a wall, roof, or ground sign, as
allowed in Section 6.6.
17. Projecting Sign - Any sign which is attached or suspended from a building or other
structure and any part of which projects more than twelve (12) inches from the wall surface
of that portion of the building or structure.
18. Roof Sign - Any sign erected, constructed, and maintained wholly upon, connected to, or
over the roof or parapet of any building with the entire support on the roof or roof structure.
19. Secondary Sign - Is a wall, roof, or ground sign intended for the same use as a primary
sign but smaller dimensions and lettering, as allowed in Section 6.6.
20. Sign - A sign is any structure, mechanically or electrically driven, still or moving device,
light, letter, 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, organizations, associations, businesses or
events, products, services, or facilities available 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 include window displays or merchandise. A sign may be permanent or
temporary.
21. Sign Size (Area) - The surface area of any sign is the entire area within a single continuous
perimeter enclosing the extreme limits of lettering, representation, emblems, or other
figures, together with any material or color forming an integral part of the display or used
to differentiate the sign from the background against which it is placed. Structural members
bearing no sign copy shall not be included.
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 specifically provided herein.
23. Wall Sign - Any sign affixed to, suspended from or painted on a wall, window, marquee,
or parapet.
Amend Section 6.6(B) by adding the following underlined language and renumbering
accordingly to read as follows:
6. Temporary A-frame Sign Permit. The Building Inspector may issue a sign permit for the
temporary placement of a freestanding A-frame/sandwich sign which (i) announces a
performance, an event, an advertisement, or is for directional purposes; ii) must be
securely anchored so as to not blow over and is professional in appearance: iii) must be
removed at the close of business and at the expiration of the permit, iv) may not obstruct
a public or private walkway, or be placed on public property. The maximum area shall
not exceed eight (8) square feet on each side, and a maximum height of five (5) feet
above the ground. The temporary permit may impose limiting conditions, including
among other matters the number allowed at each business property location.
7. Unless otherwise specified in this Bylaw, temporary signs pertaining to other non-
commercial issues shall require no sign permit and shall be allowed in all zoning districts.
Such signs shall be subject to the limitations set forth in subsection (5) (a)-(e) above.
May 13, 2008 Page 69
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 allowed on the premises
9. Notwithstanding any other provisions of this Bylaw, signs may be erected for posting
land; example, no hunting, no trespassing, etc.;
Or to take any other action relative thereto.
Planning Board
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
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).
Article 37. Amend Zoning Bylaw — New Zoning District, Amending Section 16 —
Addition Corridor Development District 3 (CDD3). To see if the Town will vote to amend
the Section 16 of the North Andover Bylaw to create and establish a third 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 Bylaw
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 as follows:
16.4 Corridor Development District 3 (CDD3) - Permitted Uses
In the Corridor Development District 3, no building or structure shall be reconstructed,
erected, altered or used for any other purpose than the following:
1. Retail uses provided there is no outdoor sales or storage of materials and products.
However, auto sales and repair are not allowed.
May 13, 2008 Page 70
2. Eating and Drinking Establishment.
3. Personal service establishments.
4. Indoor recreation, fitness, and health care facility.
5. Indoor place of amusement or assembly_
6. Outdoor place of amusement or assembly_
7. Public building or use and Public Service Corporation.
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 along centerline.
9. Medical Center.
10. Research and Development Facility not to exceed 25,000 square feet.
11. Printing and Reproduction.
12. Warehousing and Wholesaling.
13. Motel and Hotel.
14. Art Gallery.
15. Cultural Center or Museum.
16. Place of worship.
17. Day Care Center by Special Permit.
18. Same-structure/On-site Mixed Use Developments:
a. Residential uses shall not be located on the first floor of a structure or building.
b. Apartments and condominiums shall be allowed where such use is not more than fifty
percent 50%) of the rog ss square feet for a two (2) story building and seventy-five
percent(75%) of the rg oss square feet for a three (3) story building.
X416.5 Uses Subject to a Special Permit
The following uses may be allowed in the Corridor Development Districts by granting of a
Special Permit pursuant to Section 8.3 and 10.3 of the Bylaw:
1. No building or structure in excess of 3,000 gross square feet of building area shall 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 bylaw and subject to the following conditions:
a. Submission of a traffic impact and mitigation plan by a professional traffic
engineer/consultant.
b. For those parcels abutting residential zoned properties, sufficient evidence must be
provided to demonstrate that no reasonable alternatives to the site layout, site design,
and parking configuration exist.
c. A determination by the Planning Board that the proposed development will not create
adverse traffic and safety impacts and neighborhood streets and uses are harmonious
with the character of the area.
d. A determination by the Planning Board that the proposed development provides
sufficient screening and buffering for those parcels abutting residential zoned
properties.
2. For outdoor storage, display, and sales of materials, products and goods in connection
with retail uses and provided:
May 13, 2008 Page 71
3. Permissible area of land devoted to the specially permitted outdoor use may not exceed
twenty percent (20%) within CDD1 and thirty percent(30%) within CDD2 and CDD3 of
the indoor principal use devoted to retail sales.
4. The products, materials or goods displayed, stored or sold outdoors, by special permit,
must not be visible from any residential use.
5. The goods, materials, and products permissible for outdoor storage, display and sales
hereunder, shall explicitly exclude automobiles, motorcycles, or other wheeled vehicles
and include only goods, materials, and products, which are customarily stored, displayed,
or sold outdoors without the necessity for cover from the weather. Fertilizers and other
toxic, hazardous chemicals are also excluded herein.
6. The amount of area designated for outdoor storage shall be included in the dimensional
requirements for maximum lot coverage.
7. The entire outdoor storage area shall be enclosed by a wall of solid opaque material such
as masonry or solid wood fencing which, in the opinion of the Planning Board, will not
derogate from the surrounding area.
8. Sufficient landscaping shall be provided around the perimeter of the storage area at the
discretion of the Planning Board.
9. Only living plants can be higher than the surrounding vertical structural screening.
16.6 Design Standards
1. Any other performance standards of the town shall also apply to uses conducted under
this Section 46-.-5- 16.6 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 similar building
scale or mass; consistent use of facade materials; similar ground level detailing, color or
signage; consistency in functional systems such as roadway or pedestrian way surfaces,
signage, or landscaping; the framing of outdoor open space and linkages, or a clear
conveyance in the importance of various buildings and features on the site;
3. Buildings adjacent to usable open space should generally be oriented to that space, with
access to the building opening onto the open space;
4. All new utilities shall be placed underground;
5. Landscaped space and pedestrian connectivity shall be designed and located to provide
sufficient and safe access throughout the development and/or abutting residential
neighborhoods. An alternative to a sidewalk, such as an asphalt path or trail, which better
serves the purpose of connecting commercial businesses to each other and the
community, may also be used;
6. Commercial uses shall be designed and operated, and hours of operation limited where
appropriate, so that neighboring residents are not exposed to offensive noise, especially
from traffic or late-night activity. No amplified music shall be audible to neighboring
residents;
7. Vehicular access to and from public roads is intended to be consolidated. Vehicular
access to lands from a public roadway shall generally be limited to one (1) access point,
particularly when frontage along said roadway is two hundred (200)feet or less;
May 13, 2008 Page 72
8. Driveway consolidation should be undertaken so as to reduce traffic conflicts on feeder
or collector streets:
a. Provision for Interior roadways and common curb cuts
i. To allow for the least disruption in flow on the primary corridors, and the
opportunity for orderly growth within the zoning districts bordering this state
roadway, the town considers the reduction of entrances and exits on the highway
of major concern. For that reason, all site plans shall show reasonable plans for
interior roadways linking neighboring parcels presently developed or which could
be developed as future site development to a common access point.
ii. The Planning Board may approve provisions for interior roadways utilizing joint
access and/or egress, recognizing that the final design and permitting of access to
the primary corridors is to be accomplished only through the access permit
process of the Massachusetts Highway Department. The Planning Board shall
have the authority to authorize the following density bonuses for abutting owners
who develop interior roadways or feeder streets utilizing a common drive and
curb cuts thereby eliminating per parcel access/egress point on the highway:
1. An additional five (5%) percent in the amount of lot coverage allowed by the
requirements of the bylaw for an existing or proposed use; and
2. 2. An increase of one dwelling unit per acre for an existing or proposed
residential use.
Applicants should notify the Massachusetts Highway Department as soon as possible of
their intent to utilize the provisions of this bylaw in order to facilitate an orderly and
cooperative permitting process between the Planning Board and the state highway
department;
9. The design should preserve and enhance natural features such as topography, waterways,
vegetation, and drainage ways;
10. The design should minimize impervious surfaces and incorporate other design features to
minimize storm water runoff, and
11. Mixed Use Developments should maximize pedestrian transit-oriented development.
Specifically they should use "traffic-calming" techniques liberally; provide networks for
pedestrians as good as the networks for motorists; provide pedestrians and bicycles with
shortcuts al alternatives to travel along high-volume streets, and emphasize safe and
direct pedestrian connections to transit stops and other commercial and/or employment
nodes; provide long-term, covered, bicycle parking areas; provide well-lit, transit
shelters; incorporate transit-oriented design features; and establish Travel Demand
Management programs at employment centers.
44-.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 landscaping shall not affect vehicular sight distance.
2. Side Yards: The five (5) feet nearest the side lot line must be landscaped. A waiver to
the landscape requirements may be granted if one access driveway services the lot.
3. Rear Yards: The ten (10)feet nearest the rear lot lines must be landscaped.
4. Side and Rear Yards: Where a lot abuts a residential zoning district, the fifteen (15)
feet nearest the side and rear lot lines must be landscaped. In addition, within ten (10)
feet of the side and rear lot line, a buffer of at least eight (8) foot high trees or shrubs
May 13, 2008 Page 73
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 along the entire length of each building foundation wall, except at points of
entry/exit, lawfully required fire access points, loading/receiving bay areas, and any other
structural amenities necessary and ordinary to the use of the building.
6. The Planning Board shall have final discretion in determining if sufficient landscape
screening and buffering of varying depth and height has been provided.
7. All required screening, as described in items 1 through 6 above, shall be maintained in
good condition at all times and in perpetuity.
16.8 Lighting and Signs
1. All outdoor lighting shall be designed so as not to adversely impact surrounding uses and
residential properties, while also providing a sufficient level of illumination for access
and security purposes. Such lighting shall not blink, flash, oscillate or be of unusually
high intensity of brightness.
2. Parking areas shall be illuminated to provide appropriate visibility and security during
hours of darkness.
3. Any outdoor lighting fixture newly installed or replaced shall be shielded so that it does
not produce a strong, direct light beyond the property boundaries, and shall be directed
toward the object or area to be illuminated. Light shall be directed away from residences.
Where a lot abuts a residential zoning district, additional screening measures may be
required at the discretion of the Planning Board.
4. Lighting of the site shall be adequate at ground level for the protection and safety of the
public in regard to pedestrian and vehicular circulation. The glare from the installation of
outdoor lights and illuminated signs shall be contained on the property and shall be
shielded from abutting properties.
5. Landscape screening shall consist of planting, including evergreens, the plantings to be of
such height, depth as needed to sufficiently screen from view abutting residential areas
any unshielded light source, either inside or outside.
6. All signs shall conform to Section 6.6(D)Business and Industrial Districts.
4" 16.9 Submission of a Special Permit Application and Plan
Procedures for submission of application and plan:
1. The applicant shall file eight (8) copies of Corridor Development District Plan,
supporting materials, filing and outside engineering review escrow fees, and three (3)
copies of the form titled "Corridor Development District Special Permit Application" to
the Planning Board. The Town Planner shall certify that the plans and materials
submitted have been time stamped by the Town Clerk's Office and meet the submittal
requirements.
2. The Planning Board, within sixty-five (65) days from receipt of the plan by the Town
Clerk, shall determine whether the proposed project is generally consistent with criteria
of the paragraph 16.1 of this Section. The Planning Board will review the plans during a
public hearing process and will receive comments from the public, other Town
Departments, and the applicant.
May 13, 2008 Page 74
3. The applicant must follow the procedures for obtaining a Special Permit as set forth in
Section 10.3 of the Zoning Bylaw.
4. If applicable, the applicant must follow the procedures for Site Plan Review under
Section 8.3, Site Plan Review.
46-.9 16.10 Parking Requirements
The Planning Board, at its sole discretion, may waive required parking spaces if it determines
that the permitted use may allow for less than the zoning mandated parking requirement. The
Planning Board may consider one of the following in its determination:
1. The elimination of up to 25% of the required parking spaces to be constructed.
2. The elimination of up to 25% of the required parking spaces to be initially constructed,
but requires an adequate area for future spaces should they be required at a later date.
3. The elimination of up to 25% of the required parking spaces to be initially constructed,
but requires an adequate area for future spaces should they be required at a later date due
to a change of use.
16.10 16.11 Change of Use Subsequent to Granting of Special Permit
Special Permits granted under any Corridor Development District shall be subject to a new
public hearing for a new Special Permit if, in the opinion of the North Andover Zoning
Enforcement Officer, a change of use occurs and the initial Special Permit was granted a
parking waiver under cep Section 16.10 herein.
16.1116.12 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 Corridor
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-conforminz 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 objectionable 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 objectionable to or detrimental to any
residential use within the neighborhood. After such approval has been obtained from the
ZBA, the applicant must obtain a Site Plan Special Permit as required under Section 16.
16.13 Dimension and Density Requirements
16.12.116.13.1 Corridor Development District 1
1. Minimum lot size: 43,560 sq. ft.
2. Minimum frontage: 150 feet.
3. Maximum lot coverage including buildings, driveways, and parking areas: 70%.
4. Maximum building coverage: 50%.
May 13, 2008 Page 75
5. Maximum height, not to exceed three (3) stories above ground: 35 feet.
6. Minimum building and structures front setback: 10 feet.
7. Minimum building and structures rear setback: 20 feet.
8. Minimum building and structures side setback: 15
9. Minimum building and structures where lot abuts residential zoning district: 20 feet.
10. Minimum distance between buildings: 10 feet.
11. Minimum usable open space requirements: 30% of minimum lot size.
12. Floor area ratio: 0.75:1.
16.12.116.13.2 Corridor Development District 2
1. Minimum lot size: 87,120 sq. ft.
2. Minimum frontage: 250 feet.
3. Maximum lot coverage including buildings, driveways, and parking areas: 70%.
4. Maximum building coverage: 40%.
5. Maximum height, not to exceed three (3) stories above ground: 35 feet.
6. Minimum building and structures front setback: 10 feet.
7. Minimum building and structures rear setback: 25 feet.
8. Minimum building and structures side setback: 15
9. Minimum building and structures where lot abuts residential zoning district: 20 feet.
10. Minimum distance between buildings: 10 feet.
11. Minimum usable open space requirements: 30% of minimum lot size.
12. Floor area ratio: 0.75:1.
16.13.3 Corridor Development District 3
1. Minimum lot size: 108,900 sq. ft.
2. Minimum frontage: 250 feet.
3. Maximum lot coverage including buildings, driveways, and parking areas: 70%.
4. Maximum height, not to exceed forty-five (45) feet above rg ade.
5. Minimum building and structures front setback: 15 feet.
6. Minimum buildinz and structures rear setback: 30 feet.
7. Minimum building and structures side setback: 20
8. Minimum buildinz and structures where lot abuts residential zoning district: 35 feet.
9. Minimum distance between buildings: 10 feet.
10. Minimum usable open space requirements: 30% of minimum lot size.
11. Floor area ratio: 0.75:1.
May 13, 2008 Page 76
Amending Table 1 Summary of Use Regulation to read as follows:
Table 1: Summary Of Use Regulations
liCu ,uderutia[ udiuu s e Iru dust
ur"ia1-
Pennittted Use RI-3 R,4 AFR,, tl l Vl, B ]P�"D lC",IllµDI !NC"IDIODI l �➢., 13 19
�.gric l't:uM tse* Y Y Y Y Y Y Y Y Y N Y Y hT Y :"w o'i Y Y Y
Art Galllery ,N y^w d°w Sp Y Y Y Y Y Y Sp* Y Y' e Y oY' Y. Y. 'N
�w �w N .Y Y' w Y NI e Y•e. �_ Sp;_
uuttea,Bece Station* � * *: r
Hutto cYC Vehicle Ri nir+x ge ' lh o"", :`a N N N d vd :� N :vd Y .N d 3 N N Y N
BuusCrarage N N N N N N NT N N NT Y N N '.^w :"w -N Y N Y
Business& ai,foffices N N :^w :w Y :w Y Y Y Y Y Y Y Y e Y eY. Y, Y, Y
11`uVr i,aslu N :�w "v N :"� :N . ,T :�T N Y Y N_ e N Y N_ �N_
Continuing Y* N N TM _ N .N TMw N N
Eating&Dxisibng BsltahAisliment N N '„w, N* SP`" 7"w,.* Y Y N* Y Y Sp'* Y Y s Y '*'N* N'* Sp'
purueralParlmr N N N * Sp N Y x N Y. Y Sp* Y x e Y N '.^w
gulf f duursd Y Y Y Y Y TT T N w � Y' �T w e Y l Y' Y Y' Y
durst House :« Y Y Y Y N 'wT :'�T �« wT N Y N :'wT v *� 1-N ' " �« *N
Indipe+nI�&nt Eldexly*, 'tir El„ Y 7w ... 'w 'w ... _:`� NT r"w NT ... '� '"w... ' _. NT 'w N '"w_ '�...
irido or]dace of Amusement or Asse�a Illy N :^w N N N :^d Y Y :� Y Y N_ :wT Y e Y " :`�, :�
lndlo�orf ,Fa .., N N 1^w N : :^T N I ^T N N N Y a Y Bp Sp Sp` Y
Lumber,Fuel.Sltoni&rim Contractor's YarJ,, N N l^w N N N 'wT N *w Y Y "- N, N N --N Y Y Y
Manufacturing*_' N N *~ti *w � :^� I N � s * oy Y. Y. . Y
edcal,G er'*� _N N _..N N _.. " Y Y Y Y ... Y o
Y: Y u Y v Y. Y Y IN
1"hdml ,uu $�aattel :^w :`a :w Sp._ " . :wT .N Y�°* N._ N Sp'* N wT e Y N N �
-F-ifiY Dwellings&ApOts,. N N Y** Y* Y Y Sp N * 'wT N Sp"* N 'wT s *� --N :A *w *N
Municipal Recreation Area" Y Y Y :^� Y _ "^d N "^d Y' Y Y s Y N :^�_ *N
eatP Car dales* 4 1T w Y Y Y w v 1"w _,"w' n'w
Non-Profit Schaaull, Y Y Y Y Y Y Y Y Y Y Y Y Y Y v Y o Y Y Y'_ Y
Nursing&Convalescent Homes* Sp Sp Sp SP Sp :'Y N N Y N N Sp N N s N N *w N
One-FwWy Dweffing Y Y ... Y Y ...Y Y i� w i� ... " Y " _. '"� s '�w TMw '^w_ N
pers mrtia�;Serwvees :� "s :* SP,* Y. . Y Y : * ,Y. Y N_ Y' Y e Y �* : * N*. N'*
Places of" ors . Y Y Y Y Y Y Y Y Y Y Y Y Y Y v Y o Y Y Y Y
Printing&keproductibn 7 :^w N r^w SP* N Y Y Y Y Y :^w Y a Y o Y Y Y Y
Private ebool for Pro Sp Sp Sp SP Sp N Y Y Y Y' _ Y Sp Y Y e Y oY. Y Y'_ Y__
prdstnal� es* Y* N* N* Y* Y** Y Y Y Y Y Y Y;- Y - Y -Y :Y' Y Y
or,Use Sp Sp Sp SP Sp Y Y Y Y Y'. Y Sp Y Y Y lY Y Y Y'
P ulalieG,ara -es Accdssjbry Buuildun s :^a :� :ti :�T :�T : :N :ti :^a Y 'N
Puublic " wuce `oiporation N N *~« N Sp :N T :hT N T :� N Y Y e Y Y
ulbct> itlCspa1 itt d y s :°a Y
$rNUlb S mrel e�f', _ d d N :"�T :* :°w N N N w s N :°w Y_ ,q
Recreation jkrea Sp Sp Sp' Sp' Sp Sp' Sp Sp SPI Sp Sp Sp N Y Y gyp' Sp Sp'
Resekr,6b&bewao'puten tFa'cilities, N N �w *w Sp N 'd Y Y Y Y N N -� Y o Y. Y. Y._ Y
RettailEstablishment, N N - �"w .* Sp Y Y Y N* Y`* Y* Spy' Y Y s Y *w.*',x.�* *_N*
Roami Lg House, Y* Y* Y* Y��* Y�*: T N TT �'w N TT Y* TT VT a N fu �'w
7CaxisD u7$ :� N "s "� _.T y.''T Y Y :"w� Y Y N N N v ."' C.N N :"N
7["4awn'Rouuse N :'a Y Y N Sp N N N N N N ."N e N T 'a N
Two FwtlydDwelling N Sp* Y Y Y Y N N *w N N Sp* N N s *w � *w
Veterinary Ho, ttd&K 7 7w �w �w IN :^� N :^� . N ,N -,,T a ...._ Y Y �w
Warehousing, Wholesaling :^w :"� :ti :�T :"wT twT :�T :� Y Y N_ :wT twT Y LL"
lG CaraC`enter Sp Sp Sp Sp Sp Sp Sp Sp Sp Sp Sp Sp ~~T Sp e Sp
Sp: Allowable■ixth a Special pen nit only.'.
'dote This Chart is for surunarvinfonnarionpurposes only and is not a substitute;for the detailed District
Use Regulations m Section 4 of this Bylaw.
' See detailed Ihstnct Use Re ulations in Section�of this Bylaw.
"* G.r.dv,rith the pro%ision of publicly owned and maintained sewers or Town approved and accepted
private sewers (see footnote 12 of Table 21)and with no amore than 5 dwelling units per structure
May 13, 2008 Page 77
Amending Table 2 Summary of Dimensional Requirements to read as follows:
Table 2:Summary Of Demensional Requiremenrts.......
'....ices. Rwa: &mss Itu, i'311aEe,:: a.i iDc®. ffiva Hnii. )gu® )gu® 'vm-'c P" 0me l em enn U4" irid Tnd. IndL
1 3 3 i4 A:za fYdA" 3Q61k05(6)0" 5 1 3 ,!'� 4 '+Carom.� f..
L.t Are 9'124 43560 "'_7 ODD 12,00 83.560 .: 130,650 25000 "'7IV00 1'_0.ODD s®000 go DOD 15-0IV00 27 C�0® 8336® s�t'0: t0s 300 s0.000 s01V00 <371500`574,000;
MbL SL Y3:360
HsigltD 35 v3 35 v3 35 35 35 35 35 y3 60 10 •l,l 3 {.3 35 55 55
Max#
�'M1e+etp'Fmnia�gc.. F5 159 425 100 s3ll'> 150 p50'1'Y 125 125 300 200 200 300 125 150 219 250 150 150 150 150
FVmp�lxllbaek 30 3P 30 30'x 25 34 25 30 25 10P 50 Sp.a H��;✓.i? 100 25 t0 lY' t0 Y'' ti 50 50 D00 h' 30
M u.
bBcS lsaek. 30 30 '0 1z V5 .,: 15 21 7 .. 7 �t �i
A¢in. ..... " 20' 2r' 5P{_, x0C=r 2..x..[�t� SA 25 15 t7 ? 20 541" 50 2DP• 20?7
R.rSeA'back 30 30 30 30 30 R 30 30.`L) �. 50 .«,1) 50 20 30 'l�
A�1ia t# ' ,0`} SP:;,i �. 3•�) �. 50 20.0 e' 30
Fladr Avra \ tiN SrA N k NA @75:1 .y) 030.4 0-111 D401 1501 NA 0'5 "7-'A 0 Y1 07711 @771 050.4 050:1 ®501 0501
P.d. t P25.L"'
D tCmrrap N A N.1, NA N 1, 2r_: 2aao 20k. nQ. 301 2P. 25k. 2 35N 7n. 70a, Qo, ,5k
e
D-1U gunit
IYenaNg \A N A A N A V'acse.(l=1 :A4ult••-D'atn;t. 9.acre;t N:{ N 4 *4:_AL NA NA N A '0:A N A N NA w A *4.4 *4:_AL NA
A+leaJAaae
II'—House
Y¢n abc
25 o w;1 E,r 3F. 3P 3Pb
"'Iho sta.•ia,�.ot ra=xxeeE4#[-
""R tn5etinaiu&1(13Yan384 f6Y
xxa
taile3 Fiatri:.t U�A=_niLativava
Pte .n to 400tn cai[ienxl arnutten.....
Or to take any other action relative thereto.
Planning Board
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
Article 37 seeks to amend the zoning by-law by adding a third Corridor Development District
(CDD3). This district differs in the uses that are allowed, required lot sizes, and frontages, as
well as differing regulatory requirements. In addition to the uses allowed in (CDD1) and
(CDD2), this district will allow drive through restaurants, outdoor place of amusements,
professional offices with drive through facility, medical center, motel and hotel, and day care
centers.
May 13, 2008 Page 78
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 line and extending easterly and southeasterly by a line parallel to and distant
500 feet easterly from the centerline of Rte. 125 / Osgood Street to and including Assessor's
Map 34, Parcel 41 with the following exceptions:
• The Corridor Development District 3 Zoning designation shall be extended to include the
entire property boundaries of Map 61, Parcel 38.
• The Corridor Development District 3 Zoning designation shall be extended to include the
entire property boundaries of Map 61, Parcel 66.
• Map 34, Parcel 31 shall be zoned entirely Residential 2.
• Map 61, Parcel 22 shall be zoned entirely Residential 2.
These fifteen (15) parcels of land are shown with the following street 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—Map 61, Parcel 8
■ 1679 Osgood Street—Map 61, Parcel 16
■ 1719 Osgood Street—Map 61, Parcel 17
■ 0 Osgood Street—Map 61, Parcel 18
■ 0 Bradford Street—Map 61, Parcel 38
■ 1755 Osgood Street—Map 61, Parcel 39
■ 1701 Osgood Street—Map 61, Parcel 66
■ 1659 Osgood Street—Map 34, Parcel 1
■ 1635 Osgood Street—Map 34, Parcel 2
■ 1627 Osgood Street—Map 34, Parcel 3
■ 1591 Osgood Street—Map 34, Parcel 4
■ 1609 Osgood Street—Map 34, Parcel 28
■ 0 Osgood Street—Map 34, Parcel 31
■ 1581 Osgood Street—Map 34, Parcel 41
■ 1615 Osgood Street—Map 34, Parcel 44
May 13, 2008 Page 79
➢ 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 Map 34, Parcel 42 to and including Assessor's
Map 34, Parcel 26 and consisting of approximately 40.8 acres.
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 Industrial 1 to Corridor Development District 3:
■ 0 Bradford Street—Map 61, Parcel 6
■ 45 Beechwood Drive -Map 34, Parcel 6
■ 49 Orchard Village Road -Map 34, Parcel 8
■ 1451 Osgood Street—Map 34, Parcel 9
■ 1475 Osgood Street-Map 34, Parcel 16
■ 0 Osgood Street—Map 34, Parcel 25
■ 1429 Osgood Street—Map 34, Parcel 20
■ 0 Osgood Street—Map 34, Parcel 26
■ 1551 Osgood Street-Map 34, Parcel 42
■ 0 Beechwood Drive—Map 34, Parcel 50
■ 45 Beechwood Drive -Map 34, Parcel 51
■ 25 Orchard Village Road -Map 34, Parcel 52
➢ To rezone a parcel of land with frontage on Osgood Street, shown on the Assessor's
Map 34, Parcel 7 and consisting of approximately 2 acres from Business 2 to Corridor
Development District 3.
➢ To rezone a portion of a parcel of land shown on the Assessor's Map 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 80
All Shaded
g Parcels
o- Rezoned to
CDD3
Planning Board
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
Article 39. Amend Zoning Bylaw Section 8.1 Off-Street and Section 8.4 Screening and
Landscaping Requirements for Off-Street Parking. To see if the Town will vote to amend
Zoning Bylaw 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.
SECTION 8 SUPPLEMENTARY REGULATIONS
8.1 Off Street Parking and Loading
1. Intent of Parking Requirements.
It is the intention of this Bylaw that all structures be provided with sufficient off-street
parking space to accomplish the following:
a) Meet the needs of persons employed at or making use of such structures;
b) Maximize the efficiencies of parking facilities and uses;
May 13, 2008 Page 81
c) Ensure that any land use involving the arrival, departure, or storage of motor vehicles
on such land be so designed as to reduce hazards to pedestrians and abutters;
d) Reduce congestion in the streets and contribute to traffic safety by assuring adequate
space for parking of motor vehicles off the street;
e) Provide necessary off-street loading space for all structures requiring the large-volume
delivery of goods; and
f) Promote better site design through the use of flexible parking standards.
2. Applicability.
a) No permit or certificate of occupancy shall be issued by the Inspector of Buildings for
(1) a new 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 facilities have been laid out and approved in
accordance with 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 Bylaw.
3. Special Regulations
a) Any use in existence or lawfully begun on the effective date of this Section is not
subject to these parking requirements, but any parking facility thereafter established to
serve such use may not in the future be reduced below the requirements contained in
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.
c) If the Inspector of Buildings is unable 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
with the provisions contained in the schedule below.
4. Off-Street Parking General Requirements
a) Number of Spaces Required. In all districts, unless otherwise stated herein, off-street
parking 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 the following minimum amounts provided in the
following Table of Off-Street Parking Regulations and accompanying notes below.
May 13, 2008 Page 82
Table of Off-Street Parking Regulations
Use Parking Spaces Required
Residential
Single-Family Dwelling Unit 2 per dwelling unit
Multi-Family Dwelling Unit
Studio 1.25 per dwelling unit
One Bedroom 1.5 per dwelling unit
Two or More Bedrooms 2 per dwelling unit
Accessory Dwelling Unit 1 space per dwelling unit
Sleeping Room 1 space per unit or room; plus 2 for
owner/manager
1.25 per guest room; plus 10 per ksf
restaurant/lounge; 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 Living 0.4 per dwelling unit; plus 1 per 2
employees
Group, Convalescent, and Nursing Homes 1 per room; plus 1 per 2 employees
Day Care Center 0.35 per person (licensed capacity)
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
Discount Superstore/Clubs (Freestanding) 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 Facilities 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/display area, plus 2 per service
bay
Motor Vehicle Laundries /Car Wash 2, plus 1 per each 2 peak shift
May 13, 2008 Page 83
employees
Other Retail Not Otherwise Listed Above 3.5 per ksf GFA
Food and Beverage
Restaurant (non-fast food and/or with no 15.0 per ksf GFA
drive-through facility)
Fast Food 15.0 per ksf GFA
Fast Food (with-drive through facility) 12.0 per ksf GFA
Office and Business Services
Data Processing/Telemarketing/Operations 6.0 per ksf GFA
Medical Offices (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 Similar Establishments
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
Otherwise Listed Above
Industrial
R&D establishment, manufacturing, 0.8 per ksf GFA
industrial services, or extractive industry
p
Industrial 2.0 per ksf GFA
Manufacturing/Light Industrial (Single-Use) 1.5 per ksf GFA
Industrial Park (Multi-tenant or mix of
service, warehouse) 2.0 per ksf GFA
Warehouse 0.7 per ksf GFA
Storage 0.25 per ksf GFA
Other Industrial and Transportation Uses As determined by the Planning Board,
Not Otherwise Listed but not less than 0.25 per ksf GFA
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/Entertainment
Public Assembly 0.25 per person in permitted capacity
May 13, 2008 Page 84
Museum 1.5 per 1,000 annual visitors
Library 4.5 per ksf GFA
Religious Centers 0.6 per seat
Single-Screen: 0.5 per seat; Up to 5
Cinemas 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 Clubs and Recreational Facilities 2 per player or 1 per 3 persons
permitted capacity
Accessary Uses
1 per room used for office, or
Home Occupation or Home Office occupation space; plus 1 per non-
resident employee; plus 1 per dwelling
unit
Notes:
1. ksa equals 1,000 square feet.
2. Where the computation of required parking spaces results in a fractional number
of 0.5 or above, the required number of parking spaces shall be rounded up to the
next whole number.
3. Where fixed seats are not used in a place of assembly, each fifteen (15) square
feet of floor area in the largest assembly area shall equal one (1) seat.
4. Where uses are of the open-air type and not enclosed in a structure, each square
foot of lot devoted to such use shall be considered to be equivalent to one fifth of
a square foot of gross floor area.
5. Where development of a site results in the loss of on-street parking spaces, the
number of on-street parking spaces lost shall be provided on the site, in addition
to the number of spaces required for the use unless otherwise stated herein.
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. In appropriate circumstances, where the provision of adequate off-street parking
is not otherwise feasible, the Planning Board may include on-street parking within the
determination of adequate parking arrangements for a particular use, particularly in
the so-called Downtown Area which for the purposes of this Section shall be defined
as the following areas: (i) Main Street from Sutton Street to Merrimac Street,
including 200 feet from Main Street on the following side streets; Waverley Road,
First Street, Second Street, and School Street; (ii) Sutton Street from Main Street to
May 13, 2008 Page 85
Charles Street; (iii) Water Street from Main Street to High Street; and, (iii) High
Street from Water Street to Prescott Street.
b) Accessible 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 Commonwealth of Massachusetts Executive Office of Public Safety and Security or
any agency superseding such agency. Accessible parking shall be clearly identified by a
sign stating that such parking stalls are reserved for persons with disabilities. Said
accessible parking shall be located in the portion of the parking lot nearest the entrance
to the use or the structure, which the parking lot serves. Adequate access for persons
with disabilities from the parking area to the structure shall 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 CMR), the Rules and Regulations of the Architectural
Access Board shall govern.
5. Design Standards
All required parking areas shall have minimum dimensions as follows:
a. Dimensions of Parking Spaces and Maneuvering Aisles. On any lot in any district,
parking spaces and maneuvering aisles shall have the minimum dimensions 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.
Minimum Parking Space and Aisle Dimensions for Parking Lots (in feet)
Minimum Minimum Maneuvering Aisle Width
Angle of Parking Stall Width Stall Depth Setback From Madrnuin Curbeut-
(7ne-Way Two-Way
Ut tiny
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, driveways, and parking areas shall be designed with respect to
topography, integration with surrounding streets and pedestrian ways, number of access
points to streets, general interior circulation, adequate width of drives, and separation of
pedestrian and vehicular traffic so as to reduce hazards to pedestrians and motorists.
c. Entrance and Exit Driveway.
i) Single-family dwellings shall have a minimum driveway entrance of twelve (12)
feet.
ii) For facilities containing fewer than five stalls, the minimum width of entrance and
exit drives shall be twelve (12) feet for one-way use and eighteen (18) feet for two-
way use, and the maximum width twenty (20)feet.
May 13, 2008 Page 86
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 minimum curb radius shall be fifteen (15) feet. The maximum width of such
driveways at the street line shall be twenty-five (25)feet in all districts.
iv) The Planning Board may modify such width and radius limitations when a greater
width would facilitate traffic flow and safety. All such driveways shall be located
and designed so as to minimize conflict with traffic on public streets and provide
good visibility and sight distances for the clear observation of approaching
pedestrian and vehicular traffic.
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 flow across public ways or abutting
properties, and natural drainage courses shall be utilized insofar as possible. Curbing,
with the addition of guardrails wherever deemed necessary by the Planning Board, shall
be placed at the edges of surfaced areas, except driveways, in order to protect
landscaped areas and to prevent the parking of vehicles within required setback areas.
Entrance and exit driveways shall be clearly defined by curb cuts, signs, and striping.
All curbing installed within the public way of such driveways 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, unless waived or modified by the Planning
Board in accordance with 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 the following minimum amounts provided below.
Table of Off-Street Loading Regulations
Principal Use First Loading Facility Required For One Additional Loading Facility R'eq'uired
Area Shown Below For Area Shown Below
Donntory and Hotel Motel
Institutional Uses 10,000 50,000
Recreation and Entertainment
Restaurant and Fast Food
Office Uses 15,000 50,000
Retail Services 5,000 20,000
Personal and Consumer Services 5,000 25,000
Vehicular Services
Industrial Uses 10,000 25,000
Wholesale and Stora e 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,
May 13, 2008 Page 87
twenty-five (25) feet in length, fourteen (14) feet in height clearance, and located,
arranged, and of sufficient number to allow service by the type of vehicle
customarily excepted for the use while such vehicle is parked completely clear of
any public way or sidewalk.
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
shall be counted toward the off-street loading requirements.
i. Lighting of Parking Areas.
All artificial lighting used to specifically illuminate any parking space, loading bay,
maneuvering space, or driveway shall be so arranged that all direct rays from such
lighting fall entirely within the parking or loading area and shall be shielded so as not to
shine upon abutting properties or streets. The level of illumination of lighting for
parking and loading areas shall be low so as to reduce the flow of ambient lighting
perceptible at nearby properties or streets.
6. Location and Layout of Parking Facilities.
a) Proximity to Principal Use
Required off-street parking spaces and loading bays shall be provided on the same lot
as the principal or accessory use they are required to serve, except as allowed under
Section 8.1.8(d).
b) Parking in Structures.
Require off-street parking spaces or loading bays may be wholly or partly enclosed in a
structure. When partly enclosed in a structure, such as in a building 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 buffering so as to screen the structured parking areas from the streets.
c) Parking on Rights-of-Way.
No parking area or aisles shall be laid out on land, which is reserved as a vehicular
right-of-way, whether developed or undeveloped, and whether public or private unless
otherwise permitted as provided in Section 8.1.4.
d) Parking in Required Setbacks.
No unenclosed parking area shall be allowed within five (5) feet of a front lot line
except on a residential driveway.
e) Village Commercial District.
i. Parking lots shall be provided only at the side or to the rear of the buildings. The
Planning Board may, at their discretion, allow up to 50 spaces, or 25% of the total
parking, whichever is greater, to be located to the front of the structure as long as all
other dimensional criteria are adhered to.
ii. No single section of parking may contain more than twenty-five percent (25%) of
the total proposed parking spaces or more than fifty (50) spaces, whichever is less.
May 13, 2008 Page 88
As a method of division, 6' wide parking lot islands shall be installed to provide 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
enlarge the entire island or portions thereof, the Planning Board would 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.
ii. Parking or outdoor storage of one (1) recreational vehicle (camper, etc.) and one (1)
boat per dwelling unit may be permitted in an area to the rear of the front line of the
building. All other recreational vehicles and boat storage (if any) shall be within
closed structures.
iii. Garaging of off-street parking of not more than four(4) motor vehicles per dwelling
unit may be permitted, of which four (4) motor vehicles, not more than two (2) may
be commercial vehicles other than passenger sedans and passenger station wagons,
but not counting farm trucks nor motor-powered agriculture implements on an
agriculturally active farm 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)
parking spaces or less.
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
Requirements for Off-Street Parking), but only in the specific circumstances listed under
"a" through "h" below. The SPGA may grant such special permit only when: (a) consistent
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 following applicable criteria:
(i) Increase in traffic volumes;
(ii) Increased traffic congestion or queuing of vehicles;
(iii) Change in the type(s) of traffic;
(iv) Change in traffic patterns and access to the site;
(v) Reduction in on-street parking; and/or,
(vi) Unsafe conflict of motor vehicle and pedestrian traffic.
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
May 13, 2008 Page 89
be incorporated into and combined as a single application, review, and approval process for
a Site Plan Review Special Permit issued in accordance with Section 8.3.
The surface of the area where parking spaces may be reduced under a Special Permit for
this section shall be suitable landscaped but shall not be used for purposes of satisfying the
Usable Open Space requirements under the Zoning Bylaw. Circumstances under which the
SPGA may grant a Special Permit pursuant to this Section 8.1.8 are as follows:
a) Modification of Parking Requirements for Non-Conforming Structures, Lots and
Uses. Where the total number of new parking spaces required by this Bylaw is five (5)
or fewer for lots or sites that are determined by the Inspector of Buildings to be
nonconforming with respect to parking, as specified in Section 8.1.
b) Modification of Parking/Loading Area Design Standards.
Where the design of a parking lot, loading area or aisle width differs from the
provisions of Sections 8.1.5 or other parking provisions in this Zoning Bylaw, provided
such design is prepared by a certified professional engineer or architect in 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 permitted to allow "Tandem Parking" (defined as two parking spaces
placed one behind another in single file) on a temporary basis for purposes including
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 allow 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 is within a distance of five hundred (500) feet of the building
or use (measured from property line to property line), which is intended to be served
and demonstration that doing so will not exceed the cumulative peak demand of said
municipal parking lot in a manner which is inconsistent with the objectives of Section
8.1.
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 principal use they are intended to serve, or on a lot in the same ownership
adjacent to such use. When practical difficulties, as determined by the SPGA,
preclude the establishment of the required parking spaces on such lot or premises
(or lot or premises adjacent thereto), the SPGA may allow 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:
May 13, 2008 Page 90
I. The satellite parking spaces will be used solely by the employees and, where
practicable, the clientele 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
clientele of the commercial use as measured from property line to property line;
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
required may be reduced below the sum of the spaces or bays required for 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 in relation to the uses proposed to be
served by it is appropriate.
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
small developments where there is established experience with the land use mix and
its impact is expected to be minimal.
iii) Where such facilities are shared by more than two (2) owners, the applicant shall
provide executed and filed instruments with the Registry of Deeds establishing to
the satisfaction of the SPGA that sufficient legal interest has been acquired in such
premises to assure that the property(s) have a shared parking arrangement or peak
hour parking arrangement and the availability for required parking as long as the
uses served are in existence.
f) Land Banked Parking.
To reduce the area of impervious surface, encourage open space, accommodate future
changes in land use and/or ownership, and shifts in shared parking demand, up to forty
percent (40%) of the land area that would otherwise be needed to provide the required
amount of parking may be land banked or set aside on the site to provide for the future
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 project(s) or use(s). Where it can be demonstrated by the applicant in the future
that there is a need to convert all or a portion of the land-banked parking facilities
because parking demand is in excess of 80% of parking supply 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
May 13, 2008 Page 91
demonstrated through a report of the applicant's (or the then current owner's traffic
engineering consultant), as the case may be, certifying that at any time during 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 allow the conversion of all or a portion of the land-banked
parking.
g) Reduction in Parking.
Where it can be demonstrated that a use or establishment needs a lesser number of
parking spaces or loading bays than is required by Section 8.1.4, such as housing 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 specific use justifies 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 Requirements for 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 Requirements for Off-Street Parking
Commercial and Industrial Districts (1987/12)
For all commercial and industrial districts the following minimum screening and landscaping
requirements shall apply for all off-street lots with 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 three years.
May 13, 2008 Page 92
2. If a natural screen as described in item 1 above cannot be attained, a wall or fence of uniform
appearance at least five (5) feet high above finished grade will be allowed. Such a wall
and/or fence may be perforated, provided that not more than 25% of the face is open.
3. All required screening, as described in items 1 and 2 above, shall be maintained in good
condition at all times. Such screening may be interrupted by entrances or exits, and shall
have no signs attached thereto other than those permitted in the district.
For all off-street parking areas of 20 or more spaces the following criteria shall also apply.
4. On at least three sides of the perimeter of an outdoor parking lot, there shall be planted at
least one tree for every thirty (30) linear feet. In the interior part of an outdoor parking lot
where two rows of parking spaces containing a total of 10 or more parking spaces face each
other, a landscaped open space not less than 6 feet in width shall be provided. The
landscaped strip may be provided either; 1) between the rows of parking spaces parallel to
the aisle or, 2) in two or more strips parallel to the spaces and extending from the aisle
serving one row of spaces to the aisle serving the other row of spaces, as illustrated below.
Trees required by this section shall be at least 3.5 inches in diameter at a height four feet
above the ground at time of planting and shall be of a species characterized by suitability and
hardiness for location in parking lot. To the extent practicable, existing trees shall be retained
and used to satisfy this section. The following graphics are intended as illustrations and
examples only and have not been incorporated into the requirements of this Bylaw. (See
graph after Tables and Footnotes at end of Bylaw).
5. All artificial lighting used to illuminate any commercial or industrial parking lot, loading bay
or driveway shall have underground wiring and shall be so arranged that all direct rays from
such lighting falls entirely within the parking, loading or driveway area, and shall be shielded
or recessed so as not to shine upon abutting properties or streets.
Village Commercial Dimensional Requirements
In the Village Commercial Zoning District the following requirements shall be adhered to. The
following requirements are only to be placed upon the Village Commercial Zoning District and
shall take the place of the proceeding regulations found below:
Screening
Objective: Due to the high aesthetic standards to which the architecture shall be made to
conform, the main purpose of the screening shall be to screen the parking 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
professional as approved by the Planning Board.
b. The Planning Board recommends that materials to be used in the buffer include but not
limited to the following material:
Natural/existing vegetation, natural topography, berms, stone walls, fences, deciduous
and coniferous shrubs/trees, perennials, annuals, pedestrian scale walkways, gazebos and
May 13, 2008 Page 93
other landscape material as it addresses the aesthetic quality of the site. The final
approval of all material used within the buffer zone shall be at the discretion of the
Planning Board.
c. Parking lots containing 10 or more spaces shall be required to provide one tree for every
five spaces. All trees shall be a deciduous mix of at least 2.5 inch caliper when planted.
Native trees and shrubs shall be planted wherever possible, in order to capture the "spirit
of the locale" through indigenous species (such as lilac, viburnum, day lilies, ferns, red
twig dogwood, oak, maple, sycamore, linden, hawthorne, birch, shadbush, etc.). In
instances where healthy plant material exists on the site prior to its development, in part
or in whole, for purposes of off street parking or other vehicular use areas, the Planning
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 intent of these standards.
d. To produce parking which is aesthetically pleasing, well screened, accessible and broken
into smaller parcels that may directly and adequately service adjacent structures, a
minimum of 5% landscaping r. even space must be provided for all parking areas. This
5% is not intended to include the buffer zones, but shall include all internal landscaped
islands in the parking areas. In all instances where natural topmraphy lends itself to the
screening of these parking areas it shall be left in its natural state. The Planning Board
may at their discretion require additional screening at the owner's expense.
Residential Districts
Commercial vehicles in excess of one (1) ton capacity shall be garaged or screened from view of
residential uses within 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
four (4) feet high at the time of planting and which are of a type that may be expected to
form a year-round dense screen at least six (6)feet high within three (3) years, or
b. An opaque wall, barrier, or fence of uniform appearance at least five (5) feet high, but not
more than seven (7) feet above finished grade. Such screening shall be maintained in
good condition at all times, and shall not be permitted to exceed seven feet in height
within required side yards. Such screening or barriers may be interrupted by normal
entrances or exits and shall 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 og od, parking for
additional pleasure vehicles may be allowed by Special Permit.
Or to take any other action relative thereto.
Planning Board
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
May 13, 2008 Page 94
FINANCE COMMITTEE EXPLANATION:
This article seeks to amend the Zoning Bylaw Section 8.1 and Section 8.4 Screening and
Landscaping for Off Street Parking. The article is a complete revision affecting all zoning
districts.
Article 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 Bylaw,
Sections 4.2.4(a) in order to allow the Planning Board additional flexibility in determining an
appropriate development schedule for projects to promote orderly growth.
Amend Section 4.2.4(a)by adding the underlined language to read as follows:
4.2(4)Phased Development Schedule
a) Building permits for new dwelling units shall be authorized only in accordance with the
following Phased Development Schedule:
Maximum Units 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 o the
contrary in this Zoning Bylaw, the Planning Board may approve an alternative Phased
Development Schedule, provided that in doing so, the project is consistent with any one of the
purposes set forth under Section 4.2.1 above.
Or to take any other action relative thereto.
Planning Board
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
May 13, 2008 Page 95
FINANCE COMMITTEE EXPLANATION:
This article seeks to amend Sec. 4.2 Phased Development Bylaw by adding within Sec. 4.2(4) a
provision allowing the Planning Board to approve an alternative phased development schedule.
Article 41. Amend Chapter 69 of the General Bylaws — Fire Alarms. To see if the Town
will vote to amend Chapter 69 of the General Bylaws to reflect the recommendations of the
Office of the Attorney General of the Commonwealth in Case #4430 Dated 10/2/2007 as
follows:
§ 69-2 Alarm Installation and Permit Requirements
A. As of the effective date of this by-law, no alarm system or equipment designed to
summon the Fire Department shall be installed without a permit signed by the Fire
Chief or his designee. The issuance of permits and the imposition of fees and the
imposition of fees (Added) shall be in compliance with Massachusetts General Law
Chapter 148 Section 10
Changes in the permit or inspection fees may be made with sixty (60) days notice to the
general public and with the approval of the Board of Selectmen.
§ 69-5 Alarm System Regulations and Maintenance
A. Each alarm user shall submit to the Fire Chief, the names, addresses and telephone
numbers of at least two (2)persons who can be reached at any time, day or night, 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 (replacing users) responsibility
to keep this information up to date and current. In addition, each control panel shall have
located inside the door, the above mentioned information, as well as the name, address
and twenty-four (24) hour telephone number of the company or individual who currently
services the system.
B. Written instructions for re-setting the alarm system shall be clearly visible on, or adjacent
to, the system control panel. Once activated, the system might (replacing could) not be
reset prior to the arrival of the Fire Department. Any attempt to reset a system connected
directly to the Fire Department might be considered a violation of Massachusetts General
Law Chapter 268 Section 32 (tampering with a fire alarm signal).
§ 69-7.1 Connection Fees
May 13, 2008 Page 96
Each alarm user shall on or before October 1st of each year remit to the Fire Department a
service fee for the coming year for Master Fire Alarm Boxes and Digital Alarms. The fees shall
be established by the Board of Selectmen.
Those properties that convert to a radio control Master Box that is compatible with the
North Andover Fire Department receiver shall no longer be billed (the fee once the radio box is
properly installed and functioning as approved by the North Andover Fire Department.) Delete
and replace with:
"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 following acts shall constitute a violation of these regulations and the responsible
person or persons shall be punished by a fine of not less that $50.00 nor more than $200.00 per
offense. (Each day in which a violation occurs will be considered a separate offense.)
A. Failure to follow an order issued by the Fire Chief to disconnect a fire alarm system
automatic notification device.
B. Using a telephone-dialing device arranged to dial a Fire Department number without
authorization under this by-law.
C. Failure to pay any fee assessed under this Section 69 (replacing either or both
Section 69-7 or 69-7.1 of these regulations) within sixty (60) days from the
assessment.
D. Failure to comply with the requirements set forth in these regulations.
E. Continued transmission of false alarms caused by the user's negligence or system
malfunctions on the premises under the user's control where no effective effort is made
to correct the condition.
F. Knowingly failing to maintain any alarm system, covered by this by-law, in proper
working order.
G. Causing, through negligence, a condition, which interferes with the operation of, or
causes damage to the municipal fire alarm system.
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: Favorable Action
May 13, 2008 Page 97
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
Article 41 describes the rules and regulations supporting the permitting, use, maintenance,
connections and responses to Fire Alarms in 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.
Article 42. Amend North Andover Zoning Bylaw — Section 2.68 Structure and add new
Section 2.68.a Structure — Temporary. To see if the Town will 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 definition 2.68.a Structure— Temporary to define a temporary structure.
Amend Section 2.68 Structure by deleting the stricken language and adding the underlined
language to read as follows:
2.68 Structure
A combination of materials assembled at a location to 6 ve support or shelter
that is safe and stable, which
includes, but is not limited to the following: i buildings, stadiums,
tents, reviewing stands, platforms, staging, observation towers, radio towers, water tanks,
towers, private and public swimming pools, trestles, piers and wharves, brims, sheds,
shelters, fences and walls, display signs. Structure shall also include storage trailers 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 shall be construed as if followed by the words "or part thereof', but shall
not include underground utilities, driveways, parkin lots,ots, agricultural storage trailers and
vehicles, and the like. Where the North Andover General and Zoning ylaws are silent,
then the current edition of the Massachusetts Building Code shall be assumed to apply.
And in connection therewith, adding the underlined language to read as follows:
2.68.a Structure— Temporary
May 13, 2008 Page 98
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
Building Inspector. For purposes of this definition, motor and recreational vehicles shall not
be deemed a temporary structure.
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
Article 43. Amend North Andover Zoning Bylaw — Section 4.126 Business 1 District and
Section 4.127 Business 2 District. To see if the Town will vote to amend the Town of North
Andover Zoning Bylaw, Section 4.126 and Section 4.127 in order to maximize the size of retail
establishments within the Business 1 District and Business 2 District.
Amend Section 4.126 by adding the underlined language to read as follows:
4.126 Business 1 District
1. Retail establishments up to 50,000 square feet of gross floor area per user. Retail
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 as follows:
4.127 Business 2 District
1. Retail establishments up to 50,000 square feet of gross floor area per user. Retail
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 Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
May 13, 2008 Page 99
FINANCE COMMITTEE EXPLANATION:
Article 43 seeks to amend the Zoning Bylaw by limiting the maximum size to 50,000 sq. ft. of
any retail establishment in both the Business 1 and the Business 2 Districts. At present there is
no limitation to size only a limitation to gross area ratio and lot coverage.
Article 44. Amend Zoning Map — 2302 Turnpike Street, Assessors May 108A, Lot 9
from Residential (R-2) to Business 2 (B-2). To see if the Town will vote to amend the
Zoning Map of the Town of North Andover, to rezone two parcels of land collectively
consisting of 3.52 acres of land from Residential 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 entitled "Plan of Land in North
Andover, Mass. owned by Kevin and Elizabeth A. Murphy" dated February 29, 2008, Scale
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 further described below:
The first parcel, known as 2302 Turnpike Street and shown as Parcel 1 on said Plan above, is
identified as a portion of Lot 9 on Map 108A of the Town of North Andover Assessors Map, and
is bounded and described as follows:
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.
Containing 143,393 s.f +/- (or 3.29 +/- acres) according to said Plan.
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 Town of North Andover Assessors Maps, and is
bounded and described as follows:
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 reference to Parcel 1 (2302 Turnpike Street), see Deed to Kevin Murphy 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,
May 13, 2008 Page 100
Or to take any other action related thereto.
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PAAC':IS
Parcel I
Rezone R-2 to
B-2
Parcel 2
Rezone R-2 to
Petition of John T. Smolak and others
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
Article 44 seeks to rezone two (2) parcels of land presently zoned Residential 2 (R-2) which
allows for single family homes on one (1) acre to Business 2 (B-2) which requires 25,000 sq. ft.
of land area and allows for numerous business uses such as retail, professional offices,
eating/drinking, indoor place of amusement, automobile service and medical center/laboratory.
May 13, 2008 Page 101
Article 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 file with the Town Clerk, located on the easterly side of Andover Street, between Highland
Terrace and Prospect Terrace and also between Prospect Terrace and approximately to Rock
Road from 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, consists of 10,000 square feet 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 Wilson's
Corner", Horace Hale Smith, C.E., recorded with North Essex Deeds, Plan Book 2, Plan 88.
Said lots are contiguous 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 (3 6) on said plan;
SOUTHWESTERLY:eighty-nine and ninety-five 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.
Containing ten thousand (10,000) square feet of land.
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 as follows:
Four certain lots of land with all the buildings thereon, situated in North Andover, Essex County,
Massachusetts, and being Lots numbered 22, 23, 24 and 25 on "Plan of House Lots at Wilson's
Corner, North Andover", which plan is recorded with the North Essex Registry of Deeds, Plan
Book 2, Plan No. 88. Said lots are contiguous and taken together are bounded and described 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 beginning.
May 13, 2008 Page 102
For reference see North Essex Registry of Deeds, Book 10839, Page 277.
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 as follows:
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 particularly bounded and described as follows:
NORTHWESTERLY: by the Southeasterly line of Andover Street as shown on said Plan,
102.08 feet, more or less;
NORTHEASTERLY:by Prospect Terrace as shown on said Plan, 110.05 feet;
SOUTHEASTELRY: 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, consists of 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
described as follows:
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, "Plan of House Lots at Wilson's Corner, North Andover, Mass", Horace
Hale Smith, C.E., June 1910, recorded with North Essex Registry of Deeds as Plan #88, and
bounded and described as follows:
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 said plan, 110 feet, more or less.
For reference see North Essex Registry of Deeds, Book 8360, Page 323.
May 13, 2008 Page 103
7 Rezone All
Outlined Parcels w
R-4 to B1
m .
a
Fi
TO 'fit@..
REZONING 396-398,404,424 AND 426 ANDOVER STREET R-4 TO B1
Petition of Peter J. Lafond and others
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
FINANCE COMMITTEE EXPLANATION:
This article seeks to rezone two (2) parcels of land presently zoned Residential 2 (R-2) which
allows for single family homes on one (1) acre to Business 2 (B-2) which requires 25,000 sq. ft.
of land area and allows for numerous business uses such as retail, professional offices,
eating/drinking, indoor place of amusement, automobile service and medical center/laboratory.
May 13, 2008 Page 104
And you are directed to serve this Warrant by posting true and attested copies thereof at the
Town Office Building and one public place in each voting precinct in the Town, said copies to be
posted not less than seven (7) days before the time of said meeting.
Hereof, fail not, and make due return of the Warrant with the doings thereon to the Town at the
time and place of said meeting. Given under our hands this Thirty-first Day of March, in the
Year Two Thousand Eight.
NORTH ANDOVER BOARD OF SELECTMEN
Mark J.T. Caggiano
Daniel P. Lanen
Richard A. Nardella
Rosemary C. Smedile
Tracy M. Watson
North Andover, Massachusetts
Joyce A. Bradshaw, Town Clerk
Attest: A True Copy
Constable Date
Pursuant to the foregoing warrant, I have warned and notified the inhabitants of the Town of
North Andover who are qualified to vote in Town affairs to be at the time and place for the
purpose mentioned within by posting true and attested copies thereof at the Town Office Building
and one public place in each voting precinct in the Town at least seven days before the date of
said meeting.
Constable Date
May 13, 2008 Page 105
MESSAGE FROM TOWN CLERK JOYCE A. BRADSHAW
We ask your cooperation in preparing for a successful Town Meeting.
YOUR VOTE IS EXTREMELY IMPORTANT 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 rolls.
❖ 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 this election.
❖ 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
120 Main Street or sending a written request. Requests 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 physician'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
us a call at (978)688-9501 and we can update your information.
❖ If you need voter registration forms or absentee ballot requests we can mail
them to you.
May 13, 2008 Page 106
PASSPORTS— The North Andover Town Clerk's Office is a Passport Agency. If you need
a new passport or need to renew a child's passport, we can help. We are located in the
Town Hall Offices at 120 Main Street on the first floor and we accept Passport
Applications from 9:OOAM until 4:OOPM Monday through Friday. Please check the U.S.
Department of State web site at www.travel.state.2ov for all forms and passport
information. Please check for new regulations that apply.
You can give 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.townofnorthandover.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 Meeting at the North Andover High
School. If have any requests or need any special assistance, please call us at (978) 688-9501.
May 13, 2008 Page 107
PLEASE BRING THIS BOOKLET WITH YOU TO
TOWN MEETING! !
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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.townofnorthandover.com. If you need any
special accommodations for the meeting please call the Town Clerk's office at
(978)688-9502.
May 13, 2008 Page 108