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Home My WebLink AboutDRAFT-2008 ANNUAL TOWN MEETING MOTION BOOK-TOWN CLERK VERSION 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 2008 Annual Town Meeting Warrant Table of Contents(Continued) Page Table of Contents (Continued) 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 2 OF NORTH Nti O SSNCHU`+E Town of North Andover Annual Town Meeting Motion Book May 13,2008 Article 1. Reports of Special Committees. To see if the Town will vote to hear the reports of any appointed special committees, ARTICLE 1. Reports of Special Committees MOTION: MOVE TO RECEIVE THE REPORT OF THE WIRELESS BYLAW COMMITTEE. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION MOTION PRESENTER: MARK J.T. CAGGIANO,CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED VOTE: DATE: TIME: May 13,2008 Page 3 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, ARTICLE 2. Reports of Receipts and Expenditures. MOTION: MOVE TO ACCEPT THE REPORTS OF RECEIPTS AND EXPENDITURE AS PRESENTED IN THE 2007 ANNUAL TOWN REPORT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION MOTION PRESENTER: MARK J.T. CAGGIANO,CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED VOTE: DATE: TIME: May 13,2008 Page 4 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, ARTICLE 3. Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years. MOTION: MOVE TO ADOPT ARTICLE 3 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: MARK J.T. CAGGIANO,CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: TOWN COUNSEL WILL EXPLAIN IF NECESSARY. ***MAJORITY VOTE REQUIRED VOTE: DATE: TIME: May 13,2008 Page 5 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, ARTICLE 4. Authorization to Accept Grants of Easements. MOTION: MOVE TO ADOPT ARTICLE 4 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: MARK J.T. CAGGIANO,CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED VOTE: DATE: TIME: May 13,2008 Page 6 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, ARTICLE 5. Authorization to Grant Easements. MOTION: MOVE TO ADOPT ARTICLE 5 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: MARK J.T. CAGGIANO,CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: TOWN COUNSEL WILL EXPLAIN IF NECESSARY. ***MAJORITY VOTE REQUIRED VOTE: DATE: TIME: May 13,2008 Page 7 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: ARTICLE 6. Compensation of Elected Officials. MOTION: MOVE TO ADOPT THE FOLLOWING COMPENSATION SCHEDULES FOR ELECTED OFFICIALS: Board of Selectmen/Licensing Commissioners, Per person,per annum 55,000 Chairman of Board of Selectmen, Per annum,in addition 5500 School Committee, Per person,per annum 55,000 Chairman,School Committee, Per annum,in addition 5500 Moderator, For Annual Town Meeting 5500 For each Special Town Meeting 5250 RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: MARK J.T. CAGGIANO,CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: TOWN MODERATOR WILL RECUSE HIMSELF AND ALTERNATE MODERATOR ( ) APPOINTED WITH PERMISSION OF THE MEETING. ALTERNATE MODERATOR( )RETURNS GAVEL TO MODERATOR SALISBURY. ***MAJORITY VOTE REQUIRED VOTE: DATE: TIME: May 13,2008 Page 8 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, ARTICLE 7. Amend General Fund Appropriation For Fiscal Year 2008. MOTION: MOVE TO AMEND THE VOTE OF THE TOWN PASSED MAY 14, 2007 UNDER ARTICLE 11 OF THE 2007 ANNUAL TOWN MEETING AS FOLLOWS: NEED MOTION RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: DOUG SWATSKI,CHAIR-FINANCE COMMITTEE PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED VOTE: DATE: TIME: May 13,2008 Page 9 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, ARTICLE 8. Amend Capital Improvement Plan Appropriation for Fiscal Year 2003- Stevens Estate. MOTION: MOVE TO AMEND THE VOTE TAKEN AT THE 2002 ANNUAL TOWN MEETING UNDER ARTICLE 11 AS FOLLOWS: RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: DOUG SWATSKI-CHAIR-FINANCE COMMITTEE PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED VOTE: DATE: TIME: May 13,2008 Page 10 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 Article 9. Prior Years Unpaid Bills. MOTION PRESENTER: DOUGLAS SWATSKI—CHAIR-FINANCE COMMITTEE PRESENTATION FORMAT: VERBAL MOTION: MOVE TO ADOPT ARTICLE 9 AS PRINTED IN THE WARRANT WITH THE FOLLOWING AMENDMENT—DELETE ITEM 1—MEGA INSURANCE IN THE AMOUNT OF 26,431.00 FOR A TOTAL REVISED SUM OF 2,281.32. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NOTES: LYNE SAVAGE WILL RESPOND IF NEEDED ***4/5 (FOUR FIFTHS)VOTE REQUIRED*** VOTE: DATE: TIME: May 13,2008 Page 11 May 13,2008 Page 12 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 30462 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 19683 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 24561 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 38152 337,871 Community Development 196,052 196,052 191,076 203,422 202,742 May 13,2008 Page 13 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 4,656,316 482,310 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 35278,496 35278,496 33,408,143 36,979224 36266,724 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 74131 740,026 64493 871,780 79128 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 47190 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 14 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 22610 22610 192,028 232,309 229,968 Youth Service 23363 23363 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 1,969,701 339,856 339,856 Excluded-Interest- Long Term 1,535,732 1,535,732 1,142,661 1,39030 1,39030 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 57169 57169 42489 531,550 531,550 Included-Interest- Short Term 57293 90,000 90,000 8,776,753 8,258,857 5,895,422 8,373,113 8,373,113 May 13,2008 Page 15 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 13300 13300 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 16 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 1776 1776 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 4382 86,724 87,692 Air Pollution Districts 8,020 8,020 4,010 8,020 8,203 Regional Transit 193,265 193,265 95,437 193,2265 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 17 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. ARTICLE 11. GENERAL APPROPRIATION ARTICE F.C.REPORT PAGES 20-24. MOTION PRESENTER: DOUGLAS SWATSKI-CHAIR-FINANCE COMMITTEE - PLEASE READ ITEMS IN TABLE BELOW: MOTION: MOVE TO APPROPRIATE FUNDS FOR THE FISCAL YEAR 2008 GENERAL FUND AS FOLLOWS: General Fund Appropriation Finance Committee 2008 General Government $2,649,879 Public Safety $8,734,685 School C}epartment $36,266,724 Greater Lawrence Technical,School $264,447 School Building Oommlttee $22,000 Snow&Ice Remoual $685,634 All Other Public Works $$,296,194 Health and'Human Services $883;304 Culture and Recreation $820,057 Debt Service $8,373;113 Employee Benefits $11,798,756 hlabillt ,Insurance $474,828 May 13,2008 Page 18 Total Town Meeting Appropriation $76,967,952 AND FURTHER: TO TRANSFER TO THE GENERAL FUND: FROM FREE CASH AND FROM OVERLAY SURPLUS ARTICLE 11—FISCAL YEAR 2008 GENERAL APPROPRIATION. -CONTINUED RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION PRESENTATION FORMAT: POWERPOINT AND HANDOUT—COMBINED PRESENTATION TOWN MANAGER, FINANCE COMMITTEE CHAIR, CHAIR— BOARD OF SELECTMEN,SCHOOL COMMITTEE CHAIR NOTES: ""MAJORITY VOTE REQUIRED"" VOTE: DATE: TIME: May 13,2008 Page 19 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: Favorable Action FINANCE COMMITTEE EXPLANATION: The purpose of this article is to fund the Water Enterprise Fund. This fund is supported by water usage charges. The water rate is set by the Board of Selectmen and is 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 20 ARTICLE 11. WATER ENTERPRISE FUND APPROPRIATION-FISCAL YEAR 2009. FINANCE COMMITTEE REPORT PAGE 25. MOTION PRESENTER: DOUGLAS SWATSKI—CHAIR—FINANCE COMMITTEE PRESENTATION FORMAT: VERBAL MOTION: MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION NOTES: MARK REES OR LYNE SAVAGE WILL RESPOND IF NEEDED ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: May 13,2008 Page 21 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: Favorable Action 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 22 ARTICLE 12. SEWER ENTERPRISE FUND APPROPRIATION-FISCAL YEAR 2009. FINANCE COMMITTEE REPORT PAGE 26. MOTION PRESENTER: DOUGLAS SWATSKI—CHAIR—FINANCE COMMITTEE PRESENTATION FORMAT: VERBAL MOTION: MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION NOTES: MARK REES OR LYNE SAVAGE WILL RESPOND IF NEEDED ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: May 13,2008 Page 23 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 24 ARTICLE 13.STEVENS ESTATE AT OSGOOD HILLENTERPRISE FUND APPROPRIATION- FISCAL YEAR 2009. FINANCE COMMITTEE REPORT PAGE 27. MOTION PRESENTER: DOUGLAS SWATSKI—CHAIR—FINANCE COMMITTEE PRESENTATION FORMAT: VERBAL MOTION: MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION NOTES: MARK REES OR LYNE SAVAGE WILL RESPOND IF NEEDED ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: May 13,2008 Page 25 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 Ames 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 S 1,869,600 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 S 948,000 17 East Side Trunk Sewer $ 750,000 Sewer Enterprise Fund Total S 750,000 Total-All Capital Projects S 3,567,600 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: Favorable Action-#13417 May 13,2008 Page 26 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 27 ARTICLE 14. CAPITAL IMPROVEMENT PLAN APPROPRIATION FISCAL YEAR 2008. FINANCE COMMITTEE REPORT PAGE 28-29. MOTION PRESENTER: DOUGLAS SWATSKI-CHAIR-FINANCE COMMITTEE— PLEASE READ EACH AMOUNT AND TITLE LISTED BELOW INTO THE RECORD. MOTION: MOVE TO FUND THE TOWN CAPITAL IMPROVEMENT PROGRAM AS PRINTED UNDER ARTICLE 14 OF THE WARRANT FOR THE 2008 ANNUAL TOWN MEETING UNDER THE HEADING "FY09 CIP" APPROPRIATE 53,567,600 FOR THE LISTED PROJECTS: ARTICLE 21 CONTINUED: RECOMMENDATIONS: BOARD OF SELECTMEN: FINANCE COMMITTEE: PLANNING BOARD: PRESENTATION FORMAT: VERBAL — TOWN MANAGER AND DIVISION DIRECTORS WILL RESPOND IF NEEDED NOTES: BOARD OF SELECTMEN/TOWN MANAGER MAY MOTION: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: May 13,2008 Page 28 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 1/2 for the Fiscal Year beginning July 1,2008, Revolving 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: $ 454,066 May 13,2008 Page 29 Revolving 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 $ (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 Dc 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 30 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 31 ARTICLE . MOTION: MOVE TO ADOPT ARTICLE AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: MARK J.T. CAGGIANO,CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRDS VOTE REQUIRED*** ***MAJORITY VOTE REQUIRED VOTE: DATE: TIME: May 13,2008 Page 32 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 4413, 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 11) 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: Favorable Action Finance Committee Recommendation: Favorable Action May 13,2008 Page 33 Planning Board Recommendation: To Be Made at Town Meeting 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 fast three categories. In addition, a maximum of 5%may be spent on administrative expenses by the CPC. Town Meeting may either approve or reduce the recommended expenditures,but cannot add to them. May 13,2008 Page 34 Article 16. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. FINANCE COMMITTEE REPORT PAGE 33-34. MOTION PRESENTER: JOHN SIMONS — CHAIRMAN — COMMUNITY PRESERVATION COMMITTEE MOTION: MOVE TO RECEIVE THE REPORT OF THE COMMUNITY PRESERVATION COMMITTEE AND THAT THE TOWN WILL RAISE AND APPROPRIATE 51,817,400 FROM THE FISCAL 2009 COMMUNITY PRESERVATION FUND REVENUES IN ACCORDANCE WITH THE PROVISIONS OF MASSACHUSETTS GENERAL LAWS CHAPTER 44B. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: PRESENTATION FORMAT: POWERPOINT NOTES: ARE THERE ANY RESTRICTIONS??? ***MAJORITY VOTE REQUIRED VOTE: DATE: TIME: May 13,2008 Page 35 Article 17. Continuation of MGL Chapter 59 Section 5K — Senior Work Program — Increase Funding to 518,000. To see if the Town will vote to continue the provisions of Massachusetts General Laws Chapter 59 Section 5K — 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: Favorable Action 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 Commonwealth's minimum wage to $8.00, only sixteen seniors could be accommodated under the FY 2008 $13,000 limit. This Article would increase the amount to no more$800 per person per year. The proposed amount of$18,000 would allow a minimum of 22 seniors ($8.00/hour * 100 hours/year = $800/year * 22 people = $17,600). 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. May 13,2008 Page 36 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. May 13,2008 Page 37 Article 16. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. FINANCE COMMITTEE REPORT PAGE 33-34. MOTION PRESENTER: JOHN SIMONS — CHAIRMAN — COMMUNITY PRESERVATION COMMITTEE MOTION: MOVE TO RECEIVE THE REPORT OF THE COMMUNITY PRESERVATION COMMITTEE AND THAT THE TOWN WILL RAISE AND APPROPRIATE $1,817,400 FROM THE FISCAL 2009 COMMUNITY PRESERVATION FUND REVENUES IN ACCORDANCE WITH THE PROVISIONS OF MASSACHUSETTS GENERAL LAWS CHAPTER 44B. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: PRESENTATION FORMAT: POWERPOINT NOTES: ARE THERE ANY RESTRICTIONS??? ***MAJORITY VOTE REQUIRED VOTE: DATE: TIME: 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 4t` of July fireworks display for calendar year 2008, Or to take any other action relative thereto. Board of Selectmen May 13,2008 Page 38 Board of Selectmen Recommendation: To Be Made at Town Meeting Finance Committee Recommendation: To Be Made at Town Meeting 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 18. Appropriate Funds for 4th of July Fireworks Display for 2008. MOTION: MOVE TO"TAKE NO ACTION"ON ARTICLE 18. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: MARK J.T. CAGGIANO,CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: THIS ARTICLE MAY BE FUNDED IN THE GENERAL APPROPRIATION ARTICLE(ARTICLE 10). ***MAJORITY VOTE REQUIRED VOTE: DATE: TIME: May 13,2008 Page 39 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 47) April 1,2002 $578,026 New Police Station Design May 13,2002(Article 11 412) 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 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, May 13,2008 Page 40 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. ARTICLE . MOTION: MOVE TO ADOPT ARTICLE AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: MARK J.T. CAGGIANO,CHAIRMAN May 13,2008 Page 41 PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRDS VOTE REQUIRED*** ***MAJORITY VOTE REQUIRED VOTE: DATE: TIME: 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 Project 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 47) April 1,2002 $578,026 New Police Station Design May 13,2002(Article 114 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 May 13,2008 Page 42 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 ARTICLE . MOTION: MOVE TO ADOPT ARTICLE AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: MARK J.T. CAGGIANO,CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRDS VOTE REQUIRED*** ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: May 13,2008 Page 43 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 May 13,2008 Page 44 Town Meeting 2007 Article 22 $8,020,000 Article 22. Authorize Borrowing of Funds for the Construction of a School Facility — Route 125/133—Adjacent 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. May 13,2008 Page 45 ARTICLE . MOTION: MOVE TO ADOPT ARTICLE AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: MARK J.T. CAGGIANO,CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRDS VOTE REQUIRED*** ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: 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 Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action May 13,2008 Page 46 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: Favorable Action FINANCE COMMITTEE EXPLANATION: May 13,2008 Page 47 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. 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: Unfavorable Action May 13,2008 Page 48 Article 25. Enforcement of General and Zoning Bylaws. MOTION: MOVE TO ADOPT ARTICLE 25 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION FINANCE COMMITTEE: PLANNING BOARD: MOTION PRESENTER: STEVEN R.TRYDER-PETITIONER PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED VOTE: DATE: TIME: 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 May 13,2008 Page 49 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 Planning Board Recommendation: Unfavorable Action Article 26. Enforcement of Wireless Service Facilities Zoning Bylaw-Section 8.9.3 c v 1 . MOTION: MOVE TO ADOPT ARTICLE AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: MICHAEL DYER-PETITIONER PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED VOTE: DATE: TIME: May 13,2008 Page 50 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 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: Unfavorable Action Planning Board Recommendation: To Be Made at Town Meeting May 13,2008 Page 51 Article 27. Amend General Bylaws-Add New Section-Chapter 92-Eminent Domain. MOTION: MOVE TO ADOPT ARTICLE 27 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: UNFAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: MARK J.T. CAGGIANO,CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED VOTE: DATE: TIME: 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. May 13,2008 Page 52 The financial forecasting plan shall be completed no later than March 1gt 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 Board of Selectmen Recommendation: To Be Made at Town Meeting Finance Committee Recommendation: Unfavorable Action 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 May 13,2008 Page 53 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 28. Amend General Bylaws — Chapter 17— Section 17-9-Revenue/Fixed Costs Review Committee. MOTION: MOVE TO ADOPT ARTICLE AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: EDWIN P.TRIPP III-PETITIONER PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED VOTE: DATE: TIME: May 13,2008 Page 54 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, 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: Favorable Action Finance Committee Recommendation: Favorable Action 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 May 13,2008 Page 55 remote (the developer-corporation is currently liable legally for the roadway). As such, no additional appropriation of Town funds is required for`acquisition' articles. FINANCE COMMITTEE EXPLANATION: (Continued) 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. Article 29. Acceptance of Foulds Terrace as a Public Way. MOTION: MOVE TO ADOPT ARTICLE AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: MARK J.T. CAGGIANO,CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED VOTE: DATE: TIME: May 13,2008 Page 56 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: Unfavorable Action Planning Board Recommendation: To Be Made at Town Meeting Article 30. Taking of Autran Avenue for a Public Way. MOTION: MOVE TO ADOPT ARTICLE 30 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: MARK J.T. CAGGIANO,CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED VOTE: DATE: TIME: May 13,2008 Page 57 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 EXPLANATION: Massachusetts General Law Chapter 82A Section 2 requires that each city or town in the Commonwealth of Massachusetts designate one (1) board or officer to issue permits for the excavation of trenches on both private land and within public way. This regulation goes hand in hand with other 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 464,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, Or take any action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: To Be Made at Town Meeting May 13,2008 Page 58 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, 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. May 13,2008 Page 59 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 Defmitions 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. 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. May 13,2008 Page 60 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 (3 10 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. 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. May 13,2008 Page 61 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 veinal 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. 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 May 13,2008 Page 62 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. 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. May 13,2008 Page 63 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 veinal 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. 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. May 13,2008 Page 64 160-3. 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 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 May 13,2008 Page 65 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 project. 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. 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. May 13,2008 Page 66 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. L 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. 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. May 13,2008 Page 67 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 53E'/z, 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. 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. May 13,2008 Page 68 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. 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 May 13,2008 Page 69 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 Bylaw"to be inserted into the General Bylaws for the Town of North Andover as Chapter 134. PREAMBLE: The Massachusetts Historical Commission has defined a Neighborhood Conservation District as a group of buildings and their settings that are architecturally and/or historically distinctive and worthy of protection based on their contribution to the architectural,cultural,political, economic or social history of the community. A Neighborhood Conservation District bylaw protects the overall character of the neighborhood by regulating the demolition of significant buildings and making sure new construction respects the scale, massing, setback and materials of the historic structures. A Neighborhood Conservation District is different from a Local Historic District such as the Old Center Local Historic District. A Local Historic District is a group of buildings and their settings that are worthy of protection at the local level, and are generally more historically intact than buildings in a Neighborhood Conservation District. Local Historic District regulations are generally more restrictive than Neighborhood Conservation District regulations. May 13,2008 Page 70 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. 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 May 13,2008 Page 71 recommendations to the applicant. ALTERATION, TO ALTER: A change to a building or part thereof such as removal, construction,reconstruction,restoration,replication,rehabilitation,demolition and other similar activities. A change to a building that includes additions and other similar activities. A change to a site that includes constructing,placing,erecting,installing, enlarging and moving a building or other similar activities. APPLICATION: The complete document(s) and supporting material(s)to be submitted by an applicant desiring to obtain a Certificate to Alter. A complete application shall include information reasonably deemed necessary by the commission to enable it to make a determination. BUILDING: A combination of materials forming a shelter for persons,animals or property. CERTIFICATE TO ALTER: A document granted by the Neighborhood Conservation District Commission in order to obtain a building(or demolition)permit. COMMISSION: The Machine Shop Village Neighborhood Conservation District Commission COMPATIBLE: A project that meets the design guidelines of the neighborhood conservation district commission. DESIGN GUIDELINES: The document used by the Neighborhood Conservation District Commission to determine whether a proposed project is compatible. The design guidelines are appended to this bylaw. DISTRICT: The Neighborhood Conservation District as established in this bylaw. PERSON AGGRIEVED: An applicant,an abutter or an owner of property within the district. SUBSTITUTE DOORS: Doors consisting of materials that no longer represent the original fabric but do maintain the original architectural integrity with respect to form, fit and function. SUBSTITUTE SIDING: Exterior covering of building consisting of materials that no longer represent the original fabric or intent. SUBSTITUTE WINDOWS: Windows consisting of materials that no longer represent the original fabric but do maintain the original architectural integrity with respect to form, fit and function. 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. May 13,2008 Page 72 134-5. 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 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, May 13,2008 Page 73 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 fast 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. • 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 May 13,2008 Page 74 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 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 May 13,2008 Page 75 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 fast 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. 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 May 13,2008 Page 76 �\ fechCan�enPtian D�=tnti...hbn�rh�od...... v �� f,Figua 7) fi \§c r \ y \ \ r` \ Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action 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: May 13,2008 Page 77 a. The Family Suite unit is occupied by a family member, which shall include: brothers, sisters, maternal and paternal parents, grandparents, great argr nd parents, cousins in the fast degree,nieces,nephews,lawful in-laws,and or children, or any combination thereof of the residing dwelling unit owner's family b. That the premises shall inspected annually y 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 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 78 Article 35. Amend North Andover Zoning Bylaw—Section 4.122 Residence 4 District. MOTION: MOVE TO ADOPT ARTICLE 35 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: MARK J.T. CAGGIANO,CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRDS VOTE REQUIRED*** ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: Article XX36. 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 May 13,2008 Page 79 1. A-Frame SigWSandwich 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 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. May 13,2008 Page 80 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 Sian 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 tempormy 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. 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: To Be Made at Town Meeting May 13,2008 Page 81 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 shall become the(SPGA). Article XX36. Amend North Andover Zoning Bylaw— Section 6 Signs and Sign Lighting Regulations. MOTION: MOVE TO ADOPT ARTICLE 36 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: MARK J.T. CAGGIANO,CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: May 13,2008 Page 82 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, o building or structure shall be reconstructed, ,- Comment[rti]:crag prohibits open space ---------------------------------- 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. 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 Wholesalm. 13.Motel and Hotel. 14.Art Gallerv. 15. Cultural Center or Museum. 16.Place of worship. 17.Day Care Center by pecial Permit. 18. Same-structure/On-site Mixed Use Developments: a. Residential uses shall not be located on the fast floor of a structure or building. b. Apartments and condominiums shall be allowed where such use is not more than fiftX percent (50%) of the gross feet for a two (2) story building and seventy-five percent(75%)of the org sss square feet for a three(3)story building. 46.-416.5 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: May 13,2008 Page 83 I. 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: 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. _, comment[R2]:This might be difficult to 5. The goods, materials, and products permissible for outdoor storage, display and sales control,how about 30-50%of i=°floor area9 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 4 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 May 13,2008 Page 84 signage; consistency in functional systems such as roadway or pedestrian way surfaces, signage, or landscaping; the framing of outdoor open space and linkages, or a clear conveyance in the importance of various buildings and features on the site, 3. Buildings adjacent to usable open space should generally be oriented to that space, with access to the building opening onto the open space, 4. All new utilities shall be placed underground, 5. Landscaped space and pedestrian connectivity shall be designed and located to provide sufficient and safe access throughout the development and/or abutting residential neighborhoods. An alternative to a sidewalk,such as an asphalt path or trail,which better serves the purpose of connecting commercial businesses to each other and the community,may also be used, 6. Commercial uses shall be designed and operated, and hours of operation limited where appropriate, so that neighboring residents are not exposed to offensive noise, especially from traffic or late-night activity. No amplified music shall be audible to neighboring residents, 7. Vehicular access to and from public roads is intended to be consolidated. Vehicular access to lands from a public roadway shall generally be limited to one (1)access point, particularly when frontage along said roadway is two hundred(200)feet or less, 8. Driveway consolidation should be undertaken so as to reduce traffic conflicts on feeder or collector streets: a. Provision for Interior roadways and common curb cuts i. To allow for the least disruption in flow 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 May 13,2008 Page 85 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 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 linstalled along the entire length of each building foundation wall, except at points of __- comment[R3]:Is it intended for an four side? If entry/exit,lawfully required fire access points,loading/receiving bay areas,and any other nor,gay go. 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. '6.7 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. May 13,2008 Page 86 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. 3. The applicant must follow the procedures for obtaining a Special Permit as set forth in Section 10.3 of the Zoning Bylaw. 4. If applicable, the applicant must follow the procedures for Site Plan Review under Section 8.3, Site Plan Review. 16.10 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. ,6.,016.11 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°e "Section 16.10 herein. 16.11 16.12 Use of Existing Structure on Existing Lot 1. Upon review, the Planning Board may waive some or all of the special permit requirements outlined herein if a proposed change of use from residential to the 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. May 13,2008 Page 87 2. To encourage the continued use of existing industrial and commercial structures and provide additional flexibility to landowners within the CDD3, an applicant may apply to the Zoning Board of Appeals for a Special Permit to expand the gross floor area of the non-conforming industrial and commercial structure(s) by 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, gam smoke, dust, noise, disturbance, or in any way objectionable to or detrimental to au 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 11 ,- Comment[R4]:Allow min distance between 1. Minimum lot size: 43,560 sq. ft. buildings to be min to feet. 2. Minimum frontage: 150 feet. 3. Maximum lot coverage including buildings,driveways,and parking areas:70%. 4. Maximum building coverage: 50%. 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 fo -five(45)feet above grade. May 13,2008 Page 88 5. Minimum building and structures front setback: 15 feet. 6. Minimum building and structures rear setback: 30 feet. 7. Minimum building and structures side setback: 20 8. Minimum building 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 89 Amending Table 1 Summary of Use Regulation to Read as Follows: Table 1:Summary Of Use Re-gulations :............. Resid attlrl, Busiaess Iausial Permlttedlllso R14 R4 'UR 1 X1 RI,WI 11 '114 VC GR'PC1lt COW,CAlD C1aW h 1 13 La,, ApictilbaralUseli h ..1 Y y Y Y .. y 1 Y N Y Y IN Y :*, :1 y Y 1 Art Caalleryr N . :, N N Sp Y Y 1 y Y Y Sp* 1 Y 1 Y y Y :N Auto Service Station* N N N N N N.1* 1* N N Y N N :*, ....:*, w Y* N Sp' Auto Velucie airr1lo ho :a :a IN is :a :a :a :a N :a y "w N N :. N ;"N l N "N B,aeGaiage I I "w N N N N N N N N N Y N N N N N Y :N `i Di"iness B'Other 4rces N N N N Y N&_ Y y y Y Y_ Y Y_ Y Y :1 ] Y i Vw Ca ash Y"ti Y N Y N �N_ Congregatelloiusms "w Sp N N N N N N N N N Sp N N N ::w N :w :N Contimmg Care Rettiremient Center Y* . :, N N N N N N :*N N N N N Dating& sttablrshmiertt :w ,.:'*, :w :'*N'* Sp* N* Y 1 :w'" Y Y Sp* Y Y Y iw* N* N* Sp' Funeral radar. N . :, N N Sp N l Y N l Y' Sp`* 1 Y l N N ti ttaolfConurie Y' Y Y Y Y N "w N N N "w Y "w "w Y ly Y Y ' Z uoitlHouse N 4 Y Y Y N N N ^N N N Y N 'w N N 'w IIndependertt;Dl<derty^1loursiag h . :, N "w N N N N N N N :*, N :*, N N N :N Indoor Placof AmiusementecAmmbli :v :v N N N N Y Y ti Y Y N N y y ti N N IIndoov Ice sk 'F,acAhv 'v N N N N N N N N N N N N Y Y Sp' Sp' Sp' N ]Lu mber,Fud.8torageorConttractofs'Yard "w N N N N Y Y N N " `i Y Y i w ^w "w ^w :N II,faxnttactu Armg* "w N N N N N N N N N N N N N N Y Y Y `i briedicall eenttev* :w.......N N "w N :w..... Y 1 y Y Y..... N Y.... Y ........] Y y Y N... Motelor DloteD, .k.......N N ...SIP N N N N Y* N N Sp* .... :........Y F; N N N... NI i�FavniN}Dwellings&}Lptts. N N 1 " Y* 1 1 SP N N N N Sly* N N N N N :w :N Municipal Recreation Are a' 1' 1' 1' N 1' N N N ti N N 1' y 1' 1' ti N 1`*k`etisr Car Sales* N ..:, N N N i^w'....N Y N Y y.... N :w.... N :.....:w I\ N N N... Non-Profit Y......4 Y y Y y..... Y 1 y Y Y..... Y Y.... Y y ::y y Y i.... Nursing&ConvileseentDlermames* Sp' Sp Sp Sp Sp N N N y N N Sp N N N " N N :N 4 vme-&"siuhtiM�^' IDht^ellirmg h 4 1 Y 1 1 N N N N N 1 Personal SwAces N N N N:* Sp.* 1__ Y 1 �N* Y Y "m Y y : 1 "w* N* 1•w* N* Races brat"yeTsb y- y......4 Y y Y Y..... Y 1 y Y Y..... Y Y.... Y y :1 'i Y Y.... Prinking s&Reprodumclion' :v :v :Y N SIP* N 1' l' y 1' Y N :Y ]' 1' ::y Y 1' Y II"rivatitchoml for Profit Sp' Sp' SP Sp Sp N Y Y y Y y Sp y Y .. ] :; ] Y i pIvf,selonalu ces* N* N* N* Y* Y* Y . Y 1 y Y Y . Y 7 Y .. ] ,Y ] Y pim�tilucfl3uuildhxm drllse Sp'.....Sp' SP Sp Sp Y..... Y 1 y Y Y..... Sp Y.... Y y ::y y Y i.... Public Garages&Aocessvti,Buildings;.. :w N N N N N N ^w N N N N N N N t" N 1 �N E'ublicSenicd Corporation,. N N N w SP N N ^w N N N N Y l l N l ^a Euufic'saitaryD�sposallSite N N N N N N N N N N N N N N w N 1 N... pimbluc'Sttora e `mmeritt 1^N :v N N N N ti ff ti ff ti N N :N N 1' ti Recreation Area Sp' Sp' Sly Sp' Sp' Sp' Sp' Sp' Sp' Sp' Sp' Sp' ti Y Y Sp' Sp' Sp' ti Dlesearch&]Gkcn,*elopmrerNfFeclblues N N N N Sp N N 1 Y Y Y N N N 1 ,Y ] Y a Dleltailpstablishowni :v . :, N :*d* Sp' y Y 1 :*N* Y* Y'*.Sp* Y Y Y "w*N* N* "v* llobm log Dloumsc Y* Y* Y" Y* Y* ti N Y* N N N :'w N :N ra4s I) of N N :w N "b w' Y Y N Y Y `w N ° ."m ""w N "b ImoaHbuse '"N N :'*N Y Y :'*N Sp' N N :'*N :'*N N :'*N :'*N N '`N N :'*N �N 7Cuv0&`armih;„ u^elhng :'v Sp* 1' Y 1' 1' ..:ti N N N N Sp* N "N w N N "N Veterinary Hospiital&Xehnd :w N N N N :w....N ^w ti N :w.... N :w.... N 1 ww Y N ^a... warehousing&Wholesaling N . :, N N N N . :M, N ti Y Y N N :*, Y i * Y N* y Day Care CerNter Sp' Sp' SP Sp' Sp' Sp' Sp' Sp' Sp' Sp' Sp' Sp N Sp' Sp' Sp' Sp' Sp' Sp' . .: Sp': -Allowable�cxth a Special penrrit_only. ........... :mote phis Chan is for suinmaary information purpos es only and is not a substitute for the detailed District Use Regulations in Section 7 of this Bylaw. See detailed District Use Regulations in Section 1 of this Bylaw. Only,With the pro vision of publicly o,mned and maintained se,m ers or Nlo,mn apps o,ed and accepted private sever s (see Footnote_12 of ll able 2)and,,ath no more than 5 dwelling units per stmcnire May 13,2008 Page 90 Amending Table 2 Summary of Dimensional Requirements to Read as Follows: I'ab[e.2:So®mars Of de..—immal Regmiee.®emits fires, Pxx Aree Piree Ydlleae Has. 8a Htie five Hve, five Vilingz, 2L5 General j4,,'JD5HV S A Iq gy,YHS gfa}Frl 5 ] 3 A 9'IN +3,H 000 10 04;u +?560 +a 750� 130 O 9 21P00 Pao IN D'� - ao a9 Pao pPpofl ISOaPa ?7000 IPeyOP eo PPP aoPPP +3�bma �oPPP 33 33 a_ �_ >_ a_ a. H Oq" - +5 +7&i1�1 1�P I,P`�}� 123 M 3. 2P0 11I 3PP L,5 30 3P 3Pe1 �. 3p �. 30 LO-0 50 jpmm[:iiti 1DP -5 IS LN011D1 3P FfE4 Ek 30 30 10 In 1� - I� ? : 1 M1P3M1..t.k �:� 50?p 0. _ OP I5 I7 20 70 P� @C. 2p 0'} Hrtae wae)hack 3a 31 31 30 30 30 30' 30'.I 00�:� �0 - ! OP 31 P'i b r� Flomre}cra NA NA N y_5 N 0'i.I P_.tnH 0301 0'iI P00.1 1f0.I N 0-I N 0-1 0 1 0.'!71 070.1 070.I P20.t 070.I Ra+bo:.f4fas._.i LM DnelliugVaOt I}en51N 1_i 1_i 1_i '0 A }OA NA N 1:i ti:A N N }OA; 0;.:i NA NA NA NA Wasltire Ponn HOV=x 4peoS sak - 3F 3F 30?1 nare,91(3 an..9+(6i ... 3 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(CDD 1)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 dam centers. May 13,2008 Page 91 Article 38. Amend Zoning Mau - 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 ➢ 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. May 13,2008 Page 92 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 93 d4 �,ao .0.00ll All Shaded Parcels ° Rezoned to CDD3 -_-- m �� o� o�o o0o, r o3a1-0 g osa.o-oou j iu-oo I..o— / o. omo-0o Planning Board Board of Selectmen Recommendation: To Be Made at Town Meeting Planning Board Recommendation: To Be Made at Town Meeting May 13,2008 Page 94 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, 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 I) 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. May 13,2008 Page 95 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. 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 May 13,2008 Page 96 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 employees Other Retail Not Otherwise Listed Above 3.5 per ksf GFA Food and Aeverage 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 Otherwise Listed Above 3.0 per ksf GFA Industrial R&D establishment, manufacturing, 0.8 per ksf GFA industrial services,or extractive industry Industrial 2.0 per ksf GFA Manufacturing/Light Industrial(Single-Use) 1.5 per ksf GFA Industrial Park (Multi-tenant or mix ofj 2.0 per ksf GFA May 13,2008 Page 97 service,warehouse) Warehouse 0.7 per ksf GFA Storage 0.25 per ksf GFA Other Industrial and Transportation Uses As determined by the Planning Board, Not Otherwise Listed but not less than 0.25 per ksf GFA Govekmnental 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 CultutallRecreation aUEntertainment Public Assembly 0.25 per person in permitted capacity 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 Accessory 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. May 13,2008 Page 98 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 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. May 13,2008 Page 99 Minimum Parking Space and Aisle Dimensions for Parking Lots(in feet) Minimum Minimurn Maneuvering Aisle Width Angle QPFarking Stall Width Stall Depth Setbaok,From Maximum Carbout , LotLiue one-Way Ttvo-Way 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 9 18 3 25 20 Parallel 8 22 3 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. 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. May 13,2008 Page 100 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 Fac lity'Regtdred For One Additional Loading Facility'Regnired Area Shown Below For Area Shoym Below Dormitory and HoteFMotel 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 Storage Uses ii) Unless modified by the Planning Board pursuant to Section 8.1.8 all required loading facilities shall have a minimum dimensions of twelve (12) feet wide, twenty-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. May 13,2008 Page 101 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. 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. May 13,2008 Page 102 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 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. May 13,2008 Page 103 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: 1. 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 May 13,2008 Page 104 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 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. May 13,2008 Page 105 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. 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). May 13,2008 Page 106 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 in paragraph 1-5 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 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, vibumum, day lilies, ferns, red twig dogwood, oak, maple, sycamore, linden, hawthome, 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 and ergen 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 topography lends itself to the screening of these parking areas it shall be left in its natural state. The Planning may at their discretion require additional screening at the owner's expense. May 13,2008 Page 107 Residential Districts Commercial vehicles in excess of one(1)ton capacity shall be ag raged 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 epected 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 Planning Board Recommendation: To Be Made at Town Meeting FINANCE COMMITTEE EXPLANATION: Article 39 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. May 13,2008 Page 108 Article 39. Amend Zoning Bylaw Section 8.1 Off-Street and Section 8.4 Screening and Landscaping Requirements for Off-Street Parking. MOTION: MOVE TO ADOPT ARTICLE 39 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: CHAIRMAN—PLANNING BOARD PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: May 13,2008 Page 109 Article X40. 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. Notwithstandinn anything to 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 Planning Board Recommendation: To Be Made at Town Meeting FINANCE COMMITTEE EXPLANATION: Article 40 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. May 13,2008 Page 110 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 44430 Dated 10/2/2007 as follows: Chapter 69, Sections 69-2, 69-5, 69-.1, 69-7.2 and new Section, Section 69-7-3 are to he amended by removing the text shown as stricken,and adding the text shown as underlined §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 shall be in compliance with Massachusetts General Law Chapter 148 Section 10A. 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 HSOFS user's responsibility to keep this information up to date and current. In addition, each control panel shall have located inside the door, the above mentioned information, as well as the name, address and twenty-four (24) hour telephone number of the company or individual who currently services the system. §69-7.1 Connection Fees Each alarm user shall on or before October I"of each year remit to the Fire Department a service fee for the coming year for Master Fire Alarm Boxes and Digital Alarms. The fees shall be established by the Board of Selectmen. 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 Rho. _°° ^^^°*h°radio box is PFOPOFI�� flSta!103 .,..a fi,41,.4;,,ni__. rl oa by the NE)Ftl. A.ido ew Five, o,-aFt,ti.o..♦ under the existing fee structure, once the radio bog 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 May 13,2008 Page 111 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 r0f)Iae^^ Oithff^r h-^*h CO-Q-4i n 69 7 69 7.1 Of thOS°FOgUl°*i^^° Section 69 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 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. May 13,2008 Page 112 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. Board of Selectmen Recommendation: Favorable Action 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. May 13,2008 Page 113 Article 41. Amend Chapter 69 of the General Bylaws—Fire Alarms. MOTION: MOVE TO ADOPT ARTICLE 41 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: WILLIAM MARTINEAU,FIRE CHIEF PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED VOTE: DATE: TIME: 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 May 13,2008 Page 114 A combination of materials assembled at a location to ig ve support or shelter n ag-s--� that is safe and stable, which includes,but is not limited to the following: buildings, stadiums, tents,reviewing stands,platforms, staging, observation towers,radio towers,water tanks, towers, private and public swimming pools, trestles, piers and wharves, bridges, 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,agricultural storage trailers and vehicles, and the like. Where the North Andover General and Zoning Bylaws 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 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 sixt 60) days unless otherwise specifically pproved by 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 Planning Board Recommendation: To Be Made at Town Meeting May 13,2008 Page 115 Article 42. Amend North Andover Zoning Bylaw — Section 2.68 Structure and Add New Section 2.68.a Structure—Temporary. MOTION: MOVE TO ADOPT ARTICLE 42 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: MARK J.T. CAGGIANO,CHAIRMAN-?? PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: May 13,2008 Page 116 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 Planning Board Recommendation: To Be Made at Town Meeting 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. May 13,2008 Page 117 Article 43. Amend North Andover Zoning Bylaw—Section 4.126 Business 1 District and Section 4.127 Business 2 District. MOTION: MOVE TO ADOPT ARTICLE 43 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: MARK J.T. CAGGIANO,CHAIRMAN-?? PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: May 13,2008 Page 118 Article 44. Amend Zoning Mau — 2302 Turnpike Street, Assessors Mau 108A, Lot 9 from Residential (R-2) to Business 2 (13-2). 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 41 176.92';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, Or to take any other action related thereto. May 13,2008 Page 119 M'}I FAI RJJC?VC 4Y bu4rF "+,,, 4r''' NPV1N M1M£.f-@AIRdkF d}A.M446 PhfV "`` " rr vs u:u nnci 5Y I IA reranary .wawa' `�r�5 b Jc•,.*rvn lv,.w xsry N �s�'d /+ Yc wtA YY[..Mk.S' m�A Parcel 1 , Rezone R-2 to. rk ti v ,n ww-a —n Parcel �p Rezone R-2 to �r B-2 Petition of John T. Smolak and others Board of Selectmen 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 120 Article 44. Amend Zoning Mau — 2302 Turnpike Street, Assessors Mau 108A, Lot 9 from Residential(R-2)to Business 2(B-2). MOTION: MOVE TO ADOPT ARTICLE 44 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: TO BE MADE AT TOWN MEETING MOTION PRESENTER: MARK J.T. CAGGIANO,CHAIRMAN-?? PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: May 13,2008 Page 121 Article 45. Amend Zoning Mau — 4 Parcels— 396 — 398 Andover Street, 404 Andover Street, 424 Andover Street and 426 Andover Street from Residential 4 -R4 to Business 1 B_ll. 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 51100(110.5)feet by Summit Avenue as shown on said plan, SOUTHEASTERLY: one hundred feet(100)feet by lot numbered thirty-six(36)on said plan, SOUTHWESTERLY:eighty-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. For reference see North Essex Registry of Deeds,Book 10839,Page 277. May 13,2008 Page 122 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 Comer, North Andover, Mass", Horace Hale Smith, C.E., June 1910, recorded with North Essex Registry of Deeds as Plan 488, 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 411 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 123 u r � Rezone All Outlined sxr wrT .. w •. Parcels __. ......_ ._ R-4 to B-1 r u r, F"l ; FAL74YtlNO ILFWh![T T0 BE RE NED NQ ' AtxiCAC7.G�. Mn5'S. „P"w d� wW,,,CLTII^3utl$.tlt7i 4.9 � � NORM J REZONING 396-398,404,424 AND 426 ANDOVER STREET R-4 TO B-1 Petition of Peter J.Lafond and others Board of Selectmen Recommendation: To Be Made at Town Meeting Planning Board Recommendation: To Be Made at Town Meeting FINANCE COMMITTEE EXPLANATION: Article 45 seeks to rezone four (4) parcels of land presently zoned Residential 4 (R-4) which allows for single family homes on 12,500 sq. ft lots to Business 1 (B-1), which requires 25,000 sq. ft. of land area and allows for numerous business and residential uses, such as retail,personal service establishments, professional offices, eating /drinking (as a secondary use only), and residential uses including one and two family dwellings or apartments. May 13,2008 Page 124 Article 45. Amend Zoning Mau — 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). MOTION: MOVE TO REFER ARTICLE 45 BACK TO THE PLANNING BOARD FOR FURTHER STUDY. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: TO BE MADE AT TOWN MEETING MOTION PRESENTER: PETER J. LAFOND — PETITIONER OR DESIGNEE WILL MAKE MOTION TO REFER BACK PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: May 13,2008 Page 125 And you air dirmcd to save this Wananl aY postinG tTuc And attr.,5W c:,Ties then-id al tbC Own()MCC SUilding end ogle public plavC in CNCh voting precinct in the I 0 uv,said er'.pies ul ha posted rtnt[Qss than wvon(7)days bLforC:hc I1Tnc of uud njeetHlo- Hca-4 lail nui,and make duc rclurn ,I Ih-Wo-I.r»t a'ilh the doings lhcrcon io the'l'own al the limn.eras PJsUe Of vnid mcT ing- Liven utEher our]lands this Thinly-t1T.St J)aY of t4azch,in the Year TN 3 Thomund Fight. VQRTFT ANDOVER BOA[ R DF- 41ark J.T.C*guano Daniel P.l.aveii J �� Richard A.Vardellii liusenoary C.�mcdilc Tracv W Warson 'fir' tiurth tlndrrv{�r,:tTnasarhlrse#fs 'Ems, JI! 9 �Geyff�.vr,� .. Ayee A.Bradshaw,Town Clerk 0M IM: A L rite copy May 13,2008 Page 126 May 13,2008 Page 127