HomeMy WebLinkAboutAnnual Town Meeting Minutes 05.08.2006 NORTH 9
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�9SSACHUSES
TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Joyce A.Bradshaw,CMMC Telephone(978)688-9501
Town Clerk Fax (978)688-9557
E-mail ibradshawa,townofnorthandover.com
2006 ANNUAL TOWN MEETING MINUTES
The 2006 Annual Town Meeting for the Town of North Andover convened
on Monday May 8, 2006 at the North Andover High School Auditorium 430 Osgood
Street at 7:OOPM. The meeting was called to order by Moderator Charles Salisbury
at 7:04 PM. On motion of Rosemary Connelly Smedile, Chairman of the Board of
Selectmen, it was Unanimously Voted to adjourn the Annual Town Meeting until
Monday June 5, 2006 at 7:OOPM at the North Andover High School. No action was
taken on any articles. Twelve voters were in attendance at the meeting.
Pursuant to Chapter 6.1 of the Charter for the Town of North Andover a Notice of
Adjournment was posted by Constable Richard D. Cain, Jr. on May 25, 2006.
The Annual Town Meeting reconvened on Monday June 5, 2006 in the Auditorium
at the North Andover High School. The meeting was called to order by Charles A.
Salisbury, Town Moderator at 7:05 PM. The meeting was moved to the North
Andover High School Fieldhouse at 7:45PM to accommodate the voters. Checklists
were used and 1,470 voters were in attendance. Rosemary Connelly Smedile,
Chairman, Board of Selectmen, made a motion that this meeting dispense with the
reading of the warrant, and with the reading of the constable's return of service of that
warrant, and further moved that the moderator not be required to read articles of the
warrant verbatim,but be allowed to refer to articles by number and by subject matter.
The motion was duly seconded and passed by a Unanimous Vote.
On Motion of Rosemary Connelly Smedile, Chairman of the Board of Selectmen,
duly seconded, the meeting was adjourned to the North Andover High School at
7:OOPM on Tuesday June 6, 2006.
The Annual Town Meeting reconvened on Tuesday June 6,2006 at the North
Andover High School Auditorium. Town Moderator Charles A. Salisbury called
the meeting to order at 7:05PM with 351 voters checked in.
Article 1. Reports of Special Committees. UNANIMOUSLY VOTED to receive
the Report of Town Clerk Joyce A. Bradshaw regarding the Annual Report.
Petition of the Board of Selectmen
VOTED JUNE 5, 2006 - 7:45PM
Article 2. Consent Articles. Voted to adopt Article 2 as amended by deleting
Section B in its entirety.
A. Reports of Receipts and Expenditures. To accept the reports of receipts and
expenditures as presented by the Selectmen in the 2005 Annual Town Report.
B. Authorization of the Town Manager or Superintendent of Schools
Regarding Contracts in Excess of Three Years. In accordance with the
provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to
authorize the Town Manager or the Superintendent of Schools to solicit and award
contracts for terms exceeding three years, including any renewal, extension or
option, provided in each instance the longer term is determined to be in the best
interest of the Town by vote of the Board of Selectmen or the School Committee,
as appropriate. (DELETED)
C. Authorization to Accept Grants of Easements. To authorize the Board of
Selectmen and the School Committee to accept grants of easements for water,
drainage, sewer, roadway and utility purposes on terms and conditions the Board
and Committee deem in the best interest of the Town.
D. Authorization to Grant Easements. To authorize the Board of Selectmen and
the School Committee to grant easements for water, drainage, sewer, roadway and
utility purposes on terms and conditions the Board and Committee deem in the
best interest of the Town.
Petition of the Board of Selectmen
VOTE YES 552 NO 530
VOTED JUNE 5, 2006 - 7:47PM
Article 3. Senior Center Recognition Dam UNANISMOULY VOTED to declare
the second Wednesday in the month of May, starting in the year 2007, as the "Senior
Center Recognition Day". The month of May is designated as "Older American
Month" so it is appropriate to celebrate each year the importance of the Senior Center
to the citizens of our Town.
Petition of Albert S. Movsesian and others
VOTED JUNE 5, 2006 - 7:49PM
Article 4. Amend Zoninylaw -dift Section 2 - Definitions. UNANIMOUSLY
VOTED
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to a end Section 2 Definitions of
ear .
the Zoning Bylaw of the Town of North Andover b addin y Section 2.30.A Drive-
T'hrou;h Facility to read as follows:
2.30,A Drive-through Facility
Petition of the Planning Board
VOTED JUNE 6, 2006—7:15PM
Article 5. Amend Zoninll Bylaw — New Zoninlz District -Section 16 Corridor
Development District 1 (CDD1). VOTED BY TWO-THIRDS VOTE DECLARED
BY THE MODERATOR to amend the North Andover Zoning Bylaw by adding a new
section, Section 16 Corridor Development District 1 as printed in the warrant with the
following amendments:
Amending Section 16.2 Corridor Development District 1 (CDD1) — Permitted Uses —by
deleting the words "and shall not exceed 3,000 gross square feet of building area".
Amending Section 16.4 "Uses subject to a Special Permit" - by deleting Section 1 and
replacing it with the following:
"1. No building or structure in excess of 3,000 gross square feet of building area shall be
constructed, reconstructed, erected or altered in the Corridor Development District
without the granting of the Special Permit. The granting of the special permit shall be
pursuant to Section 8.3 and 10.3 of the bylaw and subject to the following conditions:"
Amending Section 16.10 -"Change of Use Subsequent to Granting of Special Permit—by
changing the designation of the "North Andover Town Planner" to "North Andover
Zoning Enforcement Officer" and deleting the words "parking variance" and replacing
them with"parking waiver".
Amending Section 16.11 "Use of Existing Structure on Existing Lot - by deleting the
words "dimensional, density, and".
Amending Section 16.12.1(5) - "Dimension and Density Requirement" —by deleting the
words "minimum height" and replacing it with"maximum height".
Amending Footnote 13 of the Zoning Bylaw by inserting the following words after the
first sentence "This restriction does not apply to the Corridor Development District."
Amending Table 1 — Permitted use — Multi-family dwellings and Apartments — YES(Y)
to NO (N) and Two Family from YES (Y) to NO (N).
FLOOR AMENDMENT- : Amend Table 1 — Permitted Use —Veterinary Hospital &
Kennel—YES (Y) TO NO (N). —VOTED YES —240 NO 54 VOTED JUNE 6, 2006
And in connection therewith to amend North Andover Bylaw Section 3.1 Establishment
of Districts, by adding the term "Corridor Development District 1"; and amending Table
1 & Table 2 of the Bylaw to include the summary of uses and dimensional requirements
for the Corridor Development District. See tables below.
And in connection therewith to amend Footnote 1 of the Town Bylaw by inserting "and
any Corridor Development District" in the first sentence after"In All district except
Village Commercial".
Section 16 to read as follows:
Section 16 Corridor Development District
16.1 Objectives
The Corridor Development District is 44s--intended:
1. To control a*&the design of commercial and residential development along
the primary corridors for vehicular travel through North Andover (Route 114,
Route 133, and Route 125) in such a manner that encourages sound site
planning, appropriate land use, the preservation of aesthetic and visual
character, and promotes economic development and diversity in the
community tax base for the Town;
2. To foster a greater opportunity for creative development by providing control
and design guidelines which encourage a mix of uses compatible with existing
and neighboring residential properties;
3. To accommodate a compatible mixture of uses that complement commercial
and residential uses typically associated with transportation corridors and
large traffic flows.
4. To serve as a transition area between commercial development and the
neighboring residential properties by ensuring that the appearance and effects
of buildings and uses are harmonious with the character of the area;
5. To allow considerable flexibility under a special permit in the development of
tracts of land as recommended in the Town of North Andover Master Plan in
accordance the goals and objectives in the Master Plan;
6. To allow a developer to propose a site development use and plan unique to a
particular location.
16.2 Corridor Development District 1(CDD1) - Permitted Uses
In the Corridor Development District 41, no land shall be used and ne an4 tsh t
ust �-no building or structure shall be reconstructed;_ d, erected, altered or
used for any other purpose than the following:_
1. Retail uses excluding auto sales and repair; ttp
biai4 � provided there is no outdoor sales or storage of materials and
products.
2. Restaurants excluding drive-through facilities.
3. Personal service establishments.
4. Public building or use and Public Service Corporation.
5. Professional offices including, but not limited to banks, real estate offices,
insurance offices, physician offices, dentists, attorneys, architects, engineers
or accountants.No drive-through facilities are permitted with these uses.
6. Art Gallery
7. Cultural Center or Museum
8. Place of worship
9. Same-structure/On-site Mixed Use Developments
a. Residential uses shall not be located on the first floor of a structure or
building.
b. Apartments and condominiums shall be allowed where such use is not
more than fiftyer t (50%) Feeae -of themal €1 p rg oss square
feet for a two (2) story buildind not more than seventy five erp �eTlt
X75%) of the rose square feet for a three (3 sto building.
16.4 Uses Subject to a Special Permit
The following uses may be allowed in the Corridor Development District by
granting of a Special Permit pursuant to Section 8.3 and 10.3 of the Bylaw:
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:
a. Permissible area of land devoted to the specially permitted outdoor use
may not exceed twenty percent (20%) of the indoor principal use devoted
to retail sales.
b. The products, materials or goods displayed, stored or sold outdoors, by
special permit, must not be visible from any residential use.
c. The goods, materials, and products permissible for outdoor storage,
display and sales hereunder, shall explicitly exclude automobiles,
motorcycles, or other wheeled vehicles and include only goods, materials,
and products, which are customarily stored, displayed, or sold outdoors
without the necessity for cover from the weather. Fertilizers and other
toxic, hazardous chemicals are also excluded herein.
d. The amount of area designated for outdoor storage shall be included in the
dimensional requirements for maximum lot coverage.
e. 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.
£ Sufficient landscaping shall be provided around the perimeter of the
storage area at the discretion of the Planning Board.
g. Only living plants can be higher than the surrounding vertical structural
screening.
16.5 Design Standards
1. Any other performance standards of the town shall also apply to uses
conducted under this Section 16.5 of the North Andover Zoning Bylaws;
2. Architecture should demonstrate the cohesive planning of the development
and present a clearly identifiable design feature throughout. Applicants are
encouraged to use traditional New England architectural elements in the
design. It is not intended that buildings be totally uniform in appearance or
that designers and developers be restricted in their creativity. Rather, cohesion
and identity can be demonstrated in similar building scale or mass; consistent
use of facade materials; similar ground level detailing, color or signage;
consistency in functional systems such as roadway or pedestrian way surfaces,
signage, or landscaping; the framing of outdoor open space and linkages, or a
clear conveyance in the importance of various buildings and features on the
site;
3. Buildings adjacent to usable open space should generally be oriented to that
space, with access to the building opening onto the open space;
4. All new utilities shall be placed underground;
5. Landscaped space and pedestrian connectivity shall be designed and located to
provide sufficient and safe access throughout the development and/or abutting
residential neighborhoods. An alternative to a sidewalk, such as an asphalt
path or trail, which better serves the purpose of connecting commercial
businesses to each other and the community, may also be used;
6. Commercial uses shall be designed and operated, and hours of operation
limited where appropriate, so that neighboring residents are not exposed to
offensive noise, especially from traffic or late-night activity. No amplified
music shall be audible to neighboring residents;
7. Vehicular access to and from public roads is intended to be consolidated.
Vehicular access to lands from a public roadway shall generally be limited to
one (1) access point, particularly when frontage along said roadway is two
hundred(200) feet or less;
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 of-wlrie-
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. an increase of one dwelling unit per acre for an existing or
proposed residential use.
Applicants should notify the Massachusetts Highway Department as soon as
possible of their intent to utilize the provisions of this bylaw in order to
facilitate an orderly and cooperative permitting process between the Planning
Board and the state highway department;
9. The design should preserve and enhance natural features such as topography,
waterways, vegetation, and drainage ways;
10. The design should minimize impervious surfaces and incorporate other design
features to minimize storm water runoff, and
11. Mixed Use Developments should maximize pedestrian transit-oriented
development. Specifically they should use "traffic-calming" techniques
liberally; provide networks for pedestrians as good as the networks for
motorists; provide pedestrians and bicycles with shortcuts al alternatives to
travel along high-volume streets, and emphasize safe and direct pedestrian
connections to transit stops and other commercial and/or employment nodes;
provide long-term, covered, bicycle parking areas; provide well-lit, transit
shelters; incorporate transit-oriented design features; and establish Travel
Demand Management programs at employment centers.
16.6 Screening and Landscaping Requirements
1. Front Yard: The_4hc-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 installed along the entire length of each building foundation wall, except at
points of entry/exit, lawfully required fire access points, loading/receiving bay
areas, and any other structural amenities necessary and ordinary to the use of
the building.
6. The Planning Board shall have final discretion in determining if sufficient
landscape screening and buffering of varying depth and height has been
provided.
7. All required screening, as described in items 1 through 6 above, shall be
maintained in good condition at all times and in perpetuity.
16.7 Lighting and Signs
1. All outdoor lighting shall be designed so as not to adversely impact
surrounding uses and residential properties, while also providing a sufficient
level of illumination for access and security purposes. Such lighting shall not
blink, flash, oscillate or be of unusually high intensity of brightness.
2. Parking areas shall be illuminated to provide appropriate visibility and
security during hours of darkness.
3. Any outdoor lighting fixture newly installed or replaced shall be shielded so
that it does not produce a strong, direct light beyond the property boundaries,
and shall be directed toward the object or area to be illuminated. Light shall be
directed away from residences. Where a lot abuts a residential zoning district,
additional screening measures may be required at the discretion of the
Planning Board.
4. Lighting of the site shall be adequate at ground level for the protection and
safety of the public in regard to pedestrian and vehicular circulation. The glare
from the installation of outdoor lights and illuminated signs shall be contained
on the property and shall be shielded from abutting properties.
5. Landscape screening shall consist of planting, including evergreens, the
plantings to be of such height, depth as needed to sufficiently screen from
view abutting residential areas any unshielded light source, either inside or
outside.
6. All signs shall conform to Section 6.6(D) Business and Industrial Districts.
16.8 Submission of a Special Permit Application and Plan
Procedures:
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.
16.9 Parking Requirements
The Planning Board, at its sole discretion, may waive up��"-required
parking spaces if it determines that the permitted use may allow for less than the
zoning mandated parking requirement. Ftffch f,—fheThe 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 require 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 require an adequate area for future spaces should they be
required at a later date due to a change of use.
16.10 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 Section 16.9 herein.
16.11 Use of Existing Structure on Existing Lot
—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.
16.12 Dimension and Density Requirements
16.12.1 Corridor Development District 1
1. Minimum lot size: 43,560 sq. ft.
2. Minimum frontage: 150 feet.
3. Maximum lot coverage including buildings, driveways, and parking areas: 70%.
4. Maximum building coverage: 50%.
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.
TABLE 1 - SUMMARY OF USE REGULATION, TABLE 2 - SUMMARY OF
DIMENSIONAL REQUIREMENTS, AND FOOTNOTES TO ZONING BYLAW
AS AMENDED BY ARTICLES 5 AND 6 ON FILE IN THE OFFICE OF THE
TOWN CLERK
VOTED JUNE 6, 2006—7:45PM
Article 6. Amend Zoning Bylaw — New Zoning District, Amending Section 16 —
Adding Corridor Development District 2 (CDD2). VOTED BY TWO-THIRDS
VOTE DECLARED BY THE MODERATOR to amend the Section 16 of North
Andover Zoning Bylaw to create and establish a second Corridor district, Corridor
Development District 2 (CDD2)-a&4 � ,
And in connection therewith to amend North Andover Bylaw Section 3.1 Establishment
of Districts, by adding the terms s��e-v pment--Pi4r+et- 1-'---a*d---"Corridor
Development District 2"; and amending Table 1 & Table 2 of the Bylaw to include the
summary of uses and dimensional requirements for the Corridor Development Districts.
See tables below.
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Amend Section 16 as printed in the warrant by adding the underlined language within
respective sub-sections, to read as follows with the following amendments:
Amending Section 16.3 Corridor Development District 2 (CDD2) — Permitted Uses —by
deleting the "and shall not exceed 3,000 gross square feet of building area:"
Amending Section 16.3 Corridor Development District 2 (CDD2) — Permitted Uses —by
inserting the following subparagraph "13. Fence businesses, fence contractor's yard, sales
of sheds, swings sets and like equipment and supplies, including outdoor sales and
outdoor storage of material, equipment, and supplies."
Amending Section 16.12.2(5) Dimension and Density Requirement — by deleting the
words "Minimum height" and replacing it with "Maximum height".
Amending Table 1 Summary of Use Regulation to allow Lumber, Fuel Storage or
Contractor's Yard as a permitted use within the Corridor Development District 2 (CDD2)
Amending Table 1 Summary of Use Regulations — Multi-Family Dwellings and
Apartments from Yes(Y) to No (N); Two Family Dwelling from Yes (Y) to No (N), and
Veterinary Hospital &Kennel—Yes (Y) to No (N)
SECTION 16.3 AS AMENDED TO READ:
16.3 Corridor Development District 2 (CDD2) - Permitted Uses
In the Corridor Development District 2 ��r h b - ff -no building or
structure shall be reconstructed, erected, altered or used for any other purpose than
the following and shall not exceed 3,000 gross square feet of building area:
I. Retail uses
�� ems-provided there is no outdoor sales or storage of materials and
products. However, auto sales and repair are not allowed,
2. Restaurants excluding drive-through facilities.
3. Personal service establishments.
4. Indoor recreation, fitness, and health care facility.
5. Indoor place of amusement or assembly.
6. Public building or use and Public Service Corporation.
7. Professional offices including, but not limited to banks, real estate offices,
insurance offices, physician offices, dentists, attorneys, architects, engineers
or accountants. No drive-through facilities are permitted with these uses.
8. Art Gallery
9. Cultural Center or Museum.
10. Place of worship.
11. Same-structure/On-site Mixed Use Developments
a. Residential uses shall not be located on the first floor of a structure or
building.
b. Apart encs and condo iniu s shall be allowed where such use is not
more than frfty��ercent 50°l0) of the dross square feet for a two (2) storms
building and seventy-five percent 75°�° of the rogss_square feet for a
three
up to a axi a of 2500 square feet..
12. Farming, Livestock, Animal Care:
a. Farming of field crops and row crops, truck gardens, orchards, plant
nurseries, and greenhouses.
b. On any lot of at least three (3) acres, the keeping of a total of not more
than three (3) of any kind or assortment of animals or birds in addition to
the household pets of a family living on such lot, and for each additional
acre of lot size, , the keeping of one (1) additional animal
or bird up to a maximum of five (5) animals; but not the keeping of any
animals, birds, or pets of persons not resident on such lot.
c. Of ownership and the operation of equestrian riding academies, stables,
stud farms, dairy farms, and poultry batteries
d. The sale of products raised as a result of the above uses on the subject
land.
13. Fence businesses, fence contractor's yard, sales of sheds, swings sets and like
equipment and supplies, including outdoor sales and outdoor storage of material,
equipment, and supplies.
16.4 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:
2. For outdoor storage, display, and sales of materials, products and goods in
connection with retail uses and provided:
a. Permissible area of land devoted to the specially permitted outdoor use
may not exceed twenty percent (20%) within CDD1 and thigy percent
(30%) within CDD2 of the indoor principal use devoted to retail sales.
16.12.2 Corridor Development District 2
1. Minimum lot size: 87,120 sq. ft.
2. Minimum frontage: 250 feet.
3. Maximum lot coverage including buildings, driveway 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.
TABLE 1 AND TABLE 2 ARE ON FILE IN THE OFFICE OF THE TOWN CLERK
VOTED JUNE 6, 2006—8:35PM
Article 7. Rezone Turnpike Street— Corridor Development District 1 (CDD1).
VOTED to amend the Zoning Map of the Town of North Andover, pursuant to Section
3.2 of the Zoning Bylaw, to rezone the below parcels from their current zoning
designation to the Corridor Development District 1 as follows with the following
amendment:
FLOOR AMENDMENT — LOUIS KMIEC- DELETE 707 TURNPIKE STREET —
MAP 98D PARCEL 47—VOTED BY MAJORITY VOTE JUNE 6, 2006
To rezone twelve (12) parcels with land fronting Turnpike Street from the intersection of
Hillside Road and Turnpike Street (next to Chestnut Green Office Park) starting at 591
Turnpike Street and ending at Map 98D, Lot 46 (0 Turnpike Street, property southeast of
Country Side Realty) and consisting of approximately 20.2 acres.
These twelve parcels of land are shown with the following street address and on the
Town of North Andover Assessors Map as map and parcels with corresponding current
zoning designations:
➢ To change the current zoning designation of Residential 6 to the Corridor
Development District 1 (CDD 1):
633 Turnpike Street- Map 25, Parcel 5
607 Turnpike Street- Map 25, Parcel 6
599 Turnpike Street- Map 25, Parcel 7
591 Turnpike Street- Map 25, Parcel 8
224 Hillside Street- Map 25, Parcel 20
625 Turnpike Street- Map 25, Parcel 43
➢ To change the current zoning designation of Village Commercial (VC) to the
Corridor Development District 1 (CDD 1):
633 Turnpike Street- Map 25, Parcel 44
643 Turnpike Street- Map 25, Parcel 50
➢ To change the current zoning designation of General Business (GB) to the Corridor
Development District 1 (CDDI):
Turnpike Street- Map 25, Parcel 4
651 Turnpike Street- Map 25, Parcel 53
0 Turnpike Street- Map 98D, Parcel 46
707 Turnpike Street- Map 98D, Parcel 47 (DELETED BY FLOOR
AMENDMENT)
VOTED JUNE 6, 2006 YES 238 NO 40 - 9:15PM
Article 8. Rezone Turnpike Street — Corridor Development District 2 (CDD2)
VOTED BY TWO-THIRDS VOTE DECLARED BY THE MODERATOR to amend
the Zoning Map of the Town of North Andover, pursuant to Section 3.2 of the Zoning
Bylaw, to rezone the below parcels from their current zoning designation to the Corridor
Development District 2 as follows:
To rezone fourteen (14) parcels with land fronting Turnpike Street and certain parcels
that are located within 200 feet of Turnpike Street from the intersection of Hillside Road
and Turnpike Street starting at 190 Hillside Road to and including 740 Turnpike Street
(Mr. Sudzy Carwash) and consisting of approximately 15.9 acres.
These fourteen parcels of land are shown with the following street address and on the
Town of North Andover Assessors Map as map and parcels with corresponding current
zoning designations:
➢ To change the current zoning designation of Residential 3 (R3) to the Corridor
Development District 2 (CDD2):
182 Hillside Road- Map 98C, Parcel 27
190 Hillside Road- Map 98C, Parcel 28
582 Turnpike Street- Map 98C, Parcel 61
0 Innis Street—Map 98D, Parcel 31
642 Turnpike Street- Map 98D, Parcel 37
➢ To change the current zoning designation of Business 1 (B1) to the Corridor
Development District 2 (CDD2):
311 Chestnut Street- Map 98D, Parcel 49
25 Saville Street- Map 98D, Parcel 6
0 Saville Street- Map 98D, Parcel 7
➢ To change the current zoning designation of Industrial 1 (I1) to the Corridor
Development District 2 (CDD2):
0 Booth Street- Map 98D, Parcel 20
674 Turnpike Street- Map 98D, Parcel 21
➢ To change the current zoning designation of Village Commercial (VC) to the
Corridor Development District 2 (CDD2):
0 Turnpike Street- Map 98D, Parcel 38
740 Turnpike Street- Map 98D, Parcel 40
0 Turnpike Street- Map 98D, Parcel 56
0 Turnpike Street- Map 98D, Parcel 57
VOTED JUNE 6, 2006 - 9:35PM
Article 9. Maintain Current Zoning Classification — 651 Turnpike Street.
UNANIMOUSLY VOTED to "REFER BACK TO THE PLANNING BOARD" to
maintain the current General Business (GB) classification on the property located at 651
Turnpike Street.
This property was rezoned General Business (GB) at last year's May 2005 Annual Town
Meeting.
The property consists of 45,000 square feet, or 1.03 acres of land. A description of the
property can be found on Map 25 Block 53 of the town of North Andover Assessor's
Map. The property is further described in Book 03794 Page 0278 at the Essex County
Registry of Deeds.
The current General Business (GB) classification is consistent with the public policy
considerations of Chapter 40 (A) of the Massachusetts General Laws. The General
Business Classification permits the most appropriate use of the land and promoted the
health, safety, and welfare of the Town's residents.
Petition of George S. Hajjar and others
VOTED JUNE 6, 2006 - 9:38PM
Article 10. Amend General Bylaws — Various Chapters - Unified Fee Procedure.
UNANIMOUSLY VOTED to give the Board of Selectmen the authority to set fees and
to designate an enforcement agent by amending the General Bylaws as follows:
CHAPTER 69 ALARM SYSTEMS
Delete existing Section 69-7.1 Connection Fees, and replace with the following:
Section 69-7.1. Connection Fees:
Each alarm user shall on or before October 1 st 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.
Locations that have multiple master boxes as required by the Fire Department
shall be charged a fee for the initial fire alarm box only.
Fire alarm system devices owned by the Town of North Andover shall be exempt
from the provisions of Sections 69-7 and 69-7.1.
Until a new fee is established by the Board of Selectmen, the Town shall continue
to charge the same fees that were in effect immediately prior to the effective date of this
bylaw.
CHAPTER 69 ALARM SYSTEMS
Add the following new paragraph to Section 69-14 Burglar Alarm Bylaw Violations:
C. The Enforcement Agent for purposes of this Bylaw shall be the Police
Chief or his designee.
Add the following new paragraph at the end of Section 69-7.2 Fire Alarm Bylaw
Violations:
I. The Enforcement Agent for purposes of this Bylaw shall be the Police
Chief or his designee, or the Fire Chief or his designee.
CHAPTER 77 BUILDING CONSTRUCTION
Delete existing Section 77-1 Building Permit Fees, Exclusive of Mechanical and
Utility Fees, and replace with the following:
Section 77-1. Building Permit Fees, Exclusive of Mechanical and Utility Fees:
The following costs and fees shall be established by the Board of Selectmen:
A. A per square foot cost factor which shall be used to estimate the cost of
new construction.
B. Fees for new construction at a rate per thousand dollars of estimated cost
of construction or actual contract price, whichever is greater.
C. Fees for additions, alterations and remodeling at a rate per thousand
dollars based upon the estimated cost of construction. Estimated construction cost of
additions, alterations and remodeling shall be the actual contract price. There shall be a
minimum fee per permit to be established by the Board of Selectmen.
D. Copies of the actual contract price shall be submitted with the Building
Permit Application.
E. Building permit fees shall be required for municipally owned buildings
and structures. Building permit fees for buildings and structures wholly owned by the
Town of North Andover may be waived, in whole or in part, only by the Board of
Selectmen based on the Board's determination of the benefits accruing to the Town from
such a waiver. In all cases, fees will be required for mechanical and utility permits.
The Building Inspector shall periodically make a recommendation to the Town
Manager relative to the adequacy of the fees, fines and assessments and the schedule
relative thereto, as cited above, which may be adjusted by the Board of Selectmen as
required.
Until a new fee is established by the Board of Selectmen, the Town shall continue
to charge the same fees that were in effect immediately prior to the effective date of this
bylaw.
CHAPTER 88 DOGS
Delete existing Section 88-5 License Fees, and replace with the following:
Section 88-5. License Fees:
All dogs six (6) months old or older must be licensed and tagged.
All dog license fees shall be established by the Board of Selectmen.
Until a new fee is established by the Board of Selectmen, the Town shall continue to
charge the same fees that were in effect immediately prior to the effective date of this
bylaw.
Delete Paragraph B from Section 88-2 Impoundment; Redemption Fee, and replace
with the following:
B. An impounded dog shall be released to its owner or keeper upon payment
of an administrative fee and the pound fees, which fees shall be established by the Board
of Selectmen, and, if necessary, upon its being properly licensed.
Until a new fee is established by the Board of Selectmen, the Town shall continue to
charge the same fees that were in effect immediately prior to the effective date of this
bylaw.
CHAPTER 101 FEES
Delete existing Section 101-1-Fees Enumerated, and replace with the following:
Section 101-1. Establishment of Fees:
The following fees shall be established by the Board of Selectmen:
A. Fees for automatic amusement device licenses pursuant to Massachusetts
General Laws c. 140, sec. 177a.
B. Fees for sealing of weights and measures services pursuant to
Massachusetts General Laws c. 98, sec. 56.
Until a new fee is established by the Board of Selectmen, the Town shall continue
to charge the same fees that were in effect immediately prior to the effective date of this
bylaw.
CHAPTER 127—JUNK DEALERS
Delete existing Section 127-1 License Required; Fee; Duration, and replace with the
following:
Chapter 127-1. License Required; Fee; Duration:
No person shall keep a shop for purchase, sale or barter of junk, old metal or
secondhand articles, or shall go from house to house collecting or procuring by purchase
or barter any such articles, without a written license from the Board of Selectmen. The
Board of Selectmen shall set the fee for such license. Each license shall continue in force
until the first day of May ensuing unless sooner revoked by the Selectmen.
Until a new fee is established by the Board of Selectmen, the Town shall continue
to charge the same fees that were in effect immediately prior to the effective date of this
bylaw.
CHAPTER 130 LITTERING
Add the following new paragraph to Section 130-2, Littering, Violation and
Penalties:
The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or
his designee.
CHAPTER 158 SOLICITATION
Delete existing Section 158-5 Registration Fee, and replace with the following:
Section 158-5. Registration Fee:
Each applicant for registration or re-registration shall pay a non-refundable fee to the
Town at the time of application. The registration fee shall be established by the Board of
Selectmen. A registration fee must be paid for each person who will be engaged in
soliciting or canvassing or the supervision of canvassing or soliciting. The fee may be
waived at the discretion of the Chief of Police for a non-profit organization with proof of
non-profit status.
Until a new fee is established by the Board of Selectmen, the Town shall continue
to charge the same fees that were in effect immediately prior to the effective date of this
bylaw.
Add the following new sentence at the end of existing section 158-12 Enforcement of
Solicitation bylaw—Penalty
The enforcement agent for purposes of this bylaw shall be the Police Chief or his
designee.
CHAPTER 161 STREETS AND SIDEWALKS
Add the following new paragraph to Section 161-5 Leaf Regulations—Penalties:
The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or
his designee.
VOTED JUNE 6, 2006 - 9:39PM
Article 11. Compensation of Elected Officials. VOTED BY MAJORITY VOTE to
fix the salary and compensation of the elected officers of the Town, as provided by
Section 108 of Chapter 41 of the Massachusetts General Laws as follows:
Board of Selectmen/Licensing Commissioners,
per person, per annum $2,000
Chairman per annum in addition $300
School Committeeper person, per annum $2,000
Chairman per annum in addition $300
Moderator For Annual Town Meeting $100
For each Special Town Meeting $50
Petition of the Board of Selectmen
VOTED JUNE 5, 2006 - 11:15PM
Article 12. Amend General Fund Appropriation-Fiscal Year 2006.
UNANIMOUSLY VOTED to amend the General Fund Appropriation for Fiscal
Year 2006 as voted under Article 8 of the May 9, 2005 Annual Town Meeting and
Article 1 of the December 5, 2005 Special Town Meeting by:
* Increasing General Government by $11,437 for a revised total of$2,337,278
* Increasing Public Safety by $17,130 for a revised total of$8,002,514
* Increasing Snow & Ice Removal by $102,726 for a revised total of$788,256
* Decreasing all other Public Works by $71,509 for a revised total of
$2,829,246
* Increasing Health and Human Services by $25,394 for a revised total of
$717,862
* Decreasing Culture and Recreation by $17,264 for a revised total of$714,938
* Decreasing Employee Benefits by$48,944 for a revised total of$8,962,200
* Decreasing Liability Insurance by$18,970 for a revised total of 335,277
for a total net change of zero.
VOTED JUNE 6, 2006 - 9:44PM
Article 13. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation
For Fiscal Year 2006. UNANIMOUSLY VOTED to amend the Stevens Estate at
Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2006 as voted under
Article 13 of the May 9, 2005 Annual Town Meeting and Article 3 of the December
5, 2005 Special Town Meeting by:
* Increasing Personnel by $14,857 for a Revised Total of$180,201
* Increasing Expenses by $38,915 for a Revised Total of$275,714 And
Increasing Admin/Indirect By $1,272 for a Revised Total of$65,000
Amendments Resulting In a Total Net Change of$55,044.
STEVENS ESTATE Change
at OSGOOD HILL Amount Voted Voted under Reused
Under Article 13 Article 3 Total
at 5/9/05 ATM 12/5/05 STM After STM Changes REVISED
TOTAL,
Personnel 155,344 10,000 165,344 14,857 180,201
Expenses 196,799 40,000 236,799 38,915 275,714
Capital 0 0 0 0 0
Reserve Fund 0 0 0 0 0
Debt Service 0 0 0 0 0
Sub-Total Direct Expenditures 352,143 50,000 402,143 53,772 455,915
Admin/Indirect 63,728 0 63,728 1,272 65,000
Total Stevens Estate Enterprise 415,871 50,000 465,871 55,044 520,915
VOTED JUNE 6, 2006 - 9:45PM
Article 14. Prior Years Unpaid Bills. UNANIMOUSLY VOTED to Authorize
Payment of the following Bills of Prior Years from Current Year's Appropriations:
Vendor Amount Department
Bay State Gas 286.63 Police
Verizon 334.37 Water Dept
For A Total of$ 621.00
VOTED JUNE 6, 2006 - 9:47PM
Article 15. Fund Collective Bargaining Agreement Between The Town Of North
Andover And The Police Lieutenants' Collective Bargaining Unit. VOTED BY
MAJORITY VOTE to approve, as necessary, the appropriation from available funds for
the economic cost items contained in the Arbitration Award in Case No. JLMC-05-55PS
for Police Lieutenants in the IBPO Local 454 Bargaining Unit, including for Fiscal Year
2005 Salaries and Wages the sum of$7,393.27.
Petition of the Board of Selectmen
VOTED JUNE 6, 2006 - 9:47PM
Article 16. Fund Collective Bar aining Agreement between the Town of North
Andover and the Sergeants and Patrol Officers' Bargaining Unit or Units.
VOTED TO "TAKE NO ACTION" for the Town to raise and appropriate, or
appropriate from available funds, a sum of money for the purpose of funding a collective
bargaining agreement or agreements between the Town of North Andover and the duly
certified collective bargaining representative or representatives, or any successor
collective bargaining organizations, representing police officers and/or sergeants, for the
period of July 1, 2004 through June 30, 2007.
Petition of the Board of Selectmen
VOTED JUNE 6, 2006 - 9:50PM
Article 17. Mosquito Control Pro rg am. VOTED that the Town rejoin the Northeast
Mosquito Control District to address Mosquito Control.
YES 108 NO 79
VOTED JUNE 6, 2006 - 9:52PM
Majority Vote To Take Articles 24,25,21,22,23,And 26 Out Of Order—9:54 PM
Majority Vote to take Article 18 out of order.
Article 18. General Fund Appropriation Fiscal Year 2007.
MAJORITY VOTE to Replace Finance Committee Motion By:
. Increasing General Government By$28,190 For A New Revised Total Of$2,380,036,
. Increasing Public Safety By$7,172 For A New Revised Total Of$8,262,081,
. Increasing School Department By$1,426,327 For A New Revised Total Of$33,116,430,
. Increasing All Other Public Works By$25,777 For A New Revised Total Of$3,260,115,
. Increasing Health And Human Services By$55,176 For A New Revised Total Of$751,822,
. Increasing Culture And Recreation By$26,773 For A New Revised Total Of$745,707
For A Total Net Increase of$1,569,415.
General Fund
Appropriation
General GoVernrnent 2;380,036
Public Safety, 8,262,081
School Department 33,116,430
Greater'Lawrbnce Technical Schap( 236,000
chddl Building Committee 22,000
Snow& Ice Removal 685,630
II Other'Public Works 3,260,115
Health and Human Services 751,822
Culture and Recreation 745,707
Debt Service 9,398,741
Ernployee'l3enefits 10,168, 18
Liability Insurance 416;516
Finance Committee Reserve Fund, 0
Total Town Meeting Appropriation 69,443,496
VOTED JUNE 6, 2006 - 9:52PM
MOTION TO RECONSIDER ARTICLE 18—DENIED- 9:47 PM.
On Motion of Rosemary Connelly Smedile, Chairman of the Board of Selectmen,
duly seconded, the meeting was adjourned to the North Andover High School at
7:OOPM on Tuesday June 6, 2006.
The Annual Town Meeting reconvened on Tuesday June 6 at the North Andover
High School Auditorium. Town Moderator Charles A. Salisbury called the meeting
to order at 7:05PM with 351 voters checked in. The meeting began with Article 21.
Article 19. Stabilization Fund(s). UNANIMOUSLY VOTED TO "TAKE NO
ACTION" to establish any new Stabilization Fund(s), or vote appropriations into or out
of any existing Stabilization Fund(s).
Petition of the Board of Selectmen
VOTED JUNE 6, 2006 - 9:52PM
Article 20. Stabilization Fund. UNANIMOUSLY VOTED TO "TAKE NO
ACTION" that the Town will vote to transfer or appropriate funds from any Stabilization
Fund(s) to the operating budgets/general fund.
Petition of Diane Huster and others
VOTED JUNE 6, 2006 - 10:10PM
Article 21. Sewer Enterprise Fund Appropriation - Fiscal Year 2007.
UNANIMOUSLY VOTED that the Town appropriate the amount of $4,180,744, in
aggregate, for the purposes listed under the column "FY07 Recommendation: Town
Manager, Board of Selectmen, Finance Committee" without regards to individual line
items, and to operate the Sewer Enterprise Fund, that $2,774,624 be raised from Sewer
Receipts and from these receipts $253,989 be transferred to the General Fund for indirect
expenses and that $1,406,120 be transferred from Sewer Enterprise Fund Retained
Earnings.
Petition of the Board of Selectmen
SEWER ENTERPRISE FY07
Recommendation
Town Manager
FY06 Department Board of Selectmen
Budget Request Finance Committee
Personnel 331,603 359,606 359,606
Expenses 222,065 313,344 313,344
GLSD Assessment 1,264,982 1,298,000 1,298,000
Settlement 56,000 56,000 56,000
Debt Service 1,902,353 1,899,805 1,899,805
Sub-Total Direct Expenditures 3,777,003 3,926,755 3,926,755
Admin/Indirect 235,261 253,989 253,989
Total Sewer Enterprise 4,012,264 4,180,744 4,180,744
VOTED JUNE 6, 2006 - 7:09PM
Article 22. Water Enterprise Fund Appropriation - Fiscal Year 2007.
UNANIMOUSLY VOTED that the Town appropriate the amount of $5,226,723, in
aggregate, for the purposes listed under the column "FY07 Recommendation: Town
Manager, Board of Selectmen, Finance Committee" without regards to individual line
items, and to operate the Water Enterprise Fund, that $5,172,001 be raised from Water
Receipts and from these receipts $534,632 be transferred to the General Fund for Indirect
Expenses and that$54,722 be transferred from Water Enterprise Fund Retained Earnings.
WATER ENTERPRISE FY07
Recommendation
Town Manager
FY06 Department Board of Selectmen
Budget Request Finance Committee
Personnel 703,192 739,310 739,310
Expenses 1,140,762 1,320,540 1,320,540
Debt Service 2,763,317 2,632,241 2,632,241
Sub-Total Direct Expenditures 4,607,271 4,692,091 4,692,091
Admin/Indirect 499,467 534,632 534,632
Total Water Enterprise 5,106,738 5,226,723 5,226,723
VOTED JUNE 6, 2006 - 7:10PM
Article 23. Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal
Year 2007. UNANIMOUSLY VOTED that the Town appropriate the amount of
$535,000 listed under the column "FY07 Recommendation: Town Manager, Board
of Selectmen, Finance Committee" and to operate the Stevens Estate at Osgood Hill
Enterprise Fund that $535,000 be raised from Stevens Estate at Osgood Hill
Enterprise Fund and from these receipts $83,119 be transferred to the General
Fund for Indirect Expenses.
STEVENS ESTATE at O GOOD BILL
FY 07;Rec6mmendatibn
Revised FY07 Town Manacger,
Budget Department
Board of Selectmen
FY 06 Request Finance Committee'
Personnel 165,201 186,200 204,181
Expenses 236,799 218,800 247,700
Capital 0 0 0
Reserve Fund 0 0 0
Debt Service 0 0 0
Sub-Total Direct Expenditures 402,000 405,000 451,881
Admin/Indirect 65,000 83,119 83,119
Total Stevens Estate Enterprise 467,000 488,119 535,000
VOTED JUNE 6, 2006 - 7:10PM
Article 24. Capital Improvement Plan Appropriation Fiscal Year 2007.
VOTED BY TWO-THIRDS VOTE DECLARD BY THE MODERATOR to fund
the Town Capital Improvement Program as printed in the Finance Committee
Report for the 2006 Annual Town Meeting under the heading "FY07 CIP
Recommendations" with the following amendment:
Delete line 9, "Town/School Data Network", in the amount of $300,000; and to
appropriate $3,075,431 for the listed projects in the amounts as follows:
Line # Project Description Fund Code Amount
1 Old Center Roadway Project B/N-G $ 391,891
2 Roadway (unaccepted) Improvements B/N-G $ 340,360
3 Mosquito Brook Drainage B/N-G $ 215,000
Improvements
4 Communication Center Upgrade B/N-G $ 246,218
5 Building Repairs - Police Station B/N-G $ 114,353
6 Sidewalk Construction B/N-G $ 105,400
7 Franklin School Roof Replacement B/N-G $ 814,000
8 Ambulance Replacement B/N-G $ 158,539
10 Equipment-Truck-1 Ton-4 Wheel Drive B/N-G $ 35,000
11 Equipment-Tractor B/N-G $ 55,000
12 Equipment-Front End Loader B/N-G $ 180,000
13 Leasehold Improvements B/N-G $ 48,000
Community Development Offices
General Fund Total $ 2,703,761
14 Waste Water Management Plan B/N-S $ 231,670
Sewer Enterprise Fund Total $ 231,670
15 Water Main Rehab B/N-W $ 110,000
16 Water Supply Security System R&A-W $ 30,000
Water Enterprise Fund Total $ 140,000
• Fund Codes spelled out below
Funding Source Code Totals
Raise and Appropriate - General Fund R&A-G $ -
Raise and Appropriate - Water Fund R&A-W $ 30,000
Raise and Appropriate - Sewer Fund R&A-S $ -
Bonds/Notes - General Fund B/N-G $ 2,703,761
Bonds/Notes - Water Fund B/N-W $ 110,000
Bonds/Notes - Sewer Fund B/N-S $ 231,670
Total All Capital Projects $ 3,075,431
And to meet this appropriation, $30,000 shall be raised and appropriated from the Water
Enterprise Fund, and the Treasurer, with the approval of the Board of Selectmen is
authorized to borrow $3,045,431 under Chapter 44 of the Massachusetts General Laws.
VOTED JUNE 5, 2006 - 10:15PM
Article 25. Funding for Water Storage Tanks. UNANIMOUSLY VOTED to
appropriate a sum of money for the construction of water tanks; to be determined whether
this appropriation shall be raised by a transfer from unexpended bond proceeds, by an
appropriation from the tax levy, by borrowing from the Massachusetts Water Pollution
Abatement Trust or otherwise.
VOTED that $5,781,061 is appropriated for the construction of water tanks, including
without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General
Laws; that to meet this appropriation $238,243 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
$ 9,950 Lake Cochichewick May 6, 1991 (Article 12, Section 20) June 15,2001
$ 10,249 Sutton Hill May 4, 1992(Article 8, Section 29) June 15, 1995
$ 103,884 Ozone Generator May 2, 1994(Article 9, Section 12) January 15, 1997
$ 96 Raw Water Wet Well May 2, 1995 (Article 11, Section 16) September 1, 1998
$ 139 4 Wheel Drive Vehicle May 10,2004(Article 11, Section 19) .lune 15,2005
$ 113,925 Bear Hill Reservoir May 10,2004(Article 11, Section 22) June 15,2005;
that $10,530 shall be transferred from the following projects in the amounts set forth
below, said sums representing amounts raised and appropriated from the tax levy for each
project that are not needed for the respective project:
Amount Project Date/Article Number
$ 1,952 Carbon Filter Replacement June 14,2000(Article 14, Section 18)
$ 5,927 Retile Floors June 14,2000(Article 14, Section 19)
$ 2,538 Water Main Engineer June 14,2000(Article 14, Section 17)
$ 113 Surface Agitation System June 14,2000(Article 14, Section 20);
that the Treasurer with the approval of the Board of Selectmen is authorized to borrow
$5,532,288 under Chapter 44 of the General Laws and/or Chapter 29C of the General
Laws or any other enabling authority; that the Treasurer with the approval of the Board of
Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts
Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection
therewith to enter into a loan agreement and/or security agreement with the Trust and
otherwise to contract with the Trust and the Department of Environmental Protection
with respect to such loan and for any federal or state aid available for the project or for
the financing thereof; and that the Board of Selectmen is authorized to enter into a project
regulatory agreement with the Department of Environmental Protection, to expend all
funds available for the project and to take any other action necessary to carry out the
project.
VOTED JUNE 5, 2006 - 10:29PM
Majority Vote To Take Article 37 And Article 11 Out of Order — June 5, 2006
10:30PM
Article 26. Establishment of Revolving Funds. UNANIMOUSLY VOTED to
authorize the following revolving funds for certain Town departments under
Massachusetts General Laws, Chapter 44, Section 53E '/2 for the Fiscal Year beginning
July 1, 2006.
Revolvin Fund Accounts
Account FY 2007
Number Revolving Fund Authorized to Spend Use of Funds Revenue Source Limit
1. 022-5423-3437 Youth Services Revel Assistant Town Manager All programs and Participants'fees,Grants, $ 250,000
activities,expense,part Donations,and related
time hel Fundraisin roceeds
2. 022-4925-3077 Field Maintenance Director-Division of Public Field maintenance, Field rental fees,Grants, $ 40,000
Works upgrade and related Donations,and related
expenses Fundraising proceeds
3. 022-5590-3564 Elder Services Assistant Town Manager Senior programs, Participants'fees,Grants, $ 50,000
-COA Revel classes and activities Donations,and related
Fundraisin roceeds
4. 022-5102-3424 Health Dept Revolving Director of Community Clinic supplies and other Clinic participant fees, $ 20,000
Development related materials Grants,Donations,and
related Fundraising
proceeds
5. 022-4306-3008 Wheelabrator Planning Director of Community Air quality monitoring Wheelabrator Host $ 25,000
Development Community Agreement
6. 022-4307-3083 Wheelabrator Public Director of Community To enforce Trash Truck Wheelabrator Host $ 40,000
Safety Development regulations Community Agreement
7. 022-4308-3649 Wheelabrator-Health Director of Community Protection of health, Wheelabrator Host $ 40,000
Development safety and monitoring the Community Agreement
air ualit
8. 022-4309-3084 Health Dept-Food Director of Community Food Consultant fees Inspection Fees $ 25,000
Inspections Development and expenses related to
ro ram
9. 022-4310-3085 Health Dept-Septic Director of Community Septic Consultant fees Inspection Fees $ 40,000
Inspections Development and expenses related to
program
Total: $ 530,000
The area in the Warrant book is only that area down to and including the'total'line above,but not this line or the stuff below it.
columns 131 to H12 are the ones in the book.
FY2006 amount raised by taxation: $ 49,554,430 Aggregate Maximum Allowed: $4,955,443
Department Maximum Allowed: $ 495,544
Assistant Town Manager $ 300,000
Director-Division of Public Works $ 40,000
Director of Community Development $ 190,000
Total: $ 530,000
Revolving Fund Account Rcei is and Expenditures
Account Balance FY05 FY05 Balance Receipts Expenditures Balance
Number Revolving Fund 7/1/04 Receipts Expenditures 6/30/05 to 2/28/06 to 2/28/06 2/28/06
1. 022-5423-3437 Youth Services Revol $235,501 $222,517 (201,964) $256,054 47,508 (139,588) 163,975
2. 022-4925-3077 Field Maintenance 700 700 26,050 26,750
3. 022-5590-3564 Elder Services $ 17,970 $ 15,991 $ (25,686) $ 8,275 $ 11,878 $ (14,749) $ 5,403
-COA Revol
4. 022-5102-3424 Health Dent Revolvinq $ 12,674 19,324 (16,509) 15,489 2,754 (3.151) 15.092
5. 022-4306-3008 Wheelabrator Planning 95,334 (25,642) 69,692 (13,431) 56,261
6. 022-4307-3083 Wheelabrator Public $ 45,342 $ 34,231 $ (7,419) $ 72,154 $ 21,305 $ (4,139) $ 89,320
Safety
7. 022-4308-3649 Wheelabrator-Health 37,545 30,000 67,545 17,500 (12,283) 72,762
8. 022-4309-3084 Health Dept-Food $ 24,740 $ 19,750 $ (11,060) $ 33,430 $ 19,450 $ (9,569) $ 43,311
Ins ections
9. 022-4310-3085 1 Health Dept-Septic $ 19,010 $ 40,868 $ (27,216) $ 32,661 $ 25,495 $ (23,668) $ 34,488
Inspections
$488,116 $383,380 $ (315,495) $556,001 $ 171,940 $ (220,579) $507,362
VOTED JUNE 6, 2006 - 7:13PM
Article 27. Supplemental Revolving Funds. UNANIMOUSLY VOTED TO "TAKE
NO ACTION" to authorize the establishment of supplementary revolving funds under
Massachusetts General Law Chapter 44 Section 53E1/2 or similar applicable sections to
allow certain Town departments to raise and expend funds to make good certain budget
cuts or deficiencies in Fiscal Year 2007.
VOTED JUNE 6, 2006 - 10:12PM
Article 28. Report of the Community Preservation Committee and Appropriation
From the Community Preservation Fund. UNANIMOUSLY VOTED to Receive the
Report of the Community Preservation Committee and that the Town will raise and
appropriate $2,138,400 from the Fiscal 2007 Community Preservation Fund in
accordance with Chapter 44B as follows:
Description Amount Category
a) Main Street Fire Station Restoration: $140,000 Historic
exterior and roof repairs) Preservation
b) Stevens Memorial Library Restoration: $95,500 Historic
windows and roof repairs) Preservation
c) Machine Shop Village Transportation $5,000 Historic
Enhancements Grant Application Preservation
d) Historic Town Records Restoration — $50,000 Historic
Phase II Preservation
e) Aplin Field (new playground) $28,500 Recreation /
Open Space
f) Reynolds Field (new playground) $30,000 Recreation /
Open Space
g) Stevens Pond Beach Restoration (new $186,000 Recreation /
bath house and rehabilitation of Open Space
recreation structures
h) Open Space Stewardship Program: $70,000 Recreation /
(creation of trails, parking areas and Open Space
information kiosks
1) Principal and interest expenses: Half $1,300,000 Open Space
Mile Hill Summit and Sunnyridge
Cullen Property)
j) Reserve for Future Expenditures $228,400 Affordable
Housing
k) Administrative Costs $5,000 Administration
Total 2007 Appropriations 2138 400
VOTED JUNE 6, 2006 - 10:15PM
Article 29. Change Community Preservation Act Surcharge. To see if the Town
will vote to change the Community Preservation Act surcharge on real property from 3
(three)percent of the real estate tax levy against real property to 1 (one)percent.
Petition of Edwin P. Tripp, III and others
ARTICLE 29 DEFEATED -JUNE 6, 2006 - 10:18PM
Article 30. Amend General Bylaws— Chapter 59-8—Town Meetings— Procedures
for Initial Funding and Approval of Collective Bargaining Agreements.
UNANIMOUSLY VOTED TO "TAKE NO ACTION" to amend the General Bylaws
Chapter 59 —Town Meetings by inserting a new section— Section 8 "Procedures for
Initial Funding and Approval of Collective Bargaining Agreements".
Chapter 59-8. Procedures for Initial Funding and Approval of Collective Bargaining
Agreements.
Section 1:
Town Meeting shall not make any appropriation for any line item of any budget or any
expenditure for a new labor contract which will require the reduction of personnel to fund
such contract.
Section 2:
Town Meeting shall not approve any appropriation for any line item of any budget or any
expenditure which shall fund any new labor contract where the total payroll and related
payroll costs increase in the contract is in excess of two and one-half per-cent (2.5%) per
year over the preceding year's respective payroll and payroll related costs for the term of
the contract, unless it complies with Section 1 and the total payroll and estimated payroll
related costs increase over the current year's cost for the term of the contract do not
exceed 2 '/z% times each year of the contract term.
Section 3 Definitions and Procedures:
Payroll and payroll related cost increases shall be defined as the total annual payroll cost
increase in a contract plus estimated annual increases in payroll related costs, including,
but not limited to, all employee benefits such as additional time off, health insurance and
pensions costs, whether paid by the Town or deducted and/or charged by the
Commonwealth of Massachusetts in computing local aid to the Town, and payroll tax
increases. Payroll cost and payroll related costs shall include all amounts paid to or on
behalf of former employees and retired employees previously covered by the contract for
post retirement health insurance and pension benefits. All costs used to determine the
percentage increase shall be done on a pro rata basis but need not require an individual
allocation of costs. Cost increases not specifically identifiable to a particular employee or
a current or former group of employees shall be allocated on a pro rata basis to all
employees of the Town.
The percentage increase provided for in any new labor contract shall be made by the
Board of Selectmen or the School Committee that approve the terms of said contract for
consideration of funding and approval by way of appropriation by Town Meeting and
such computations including the percentage increase shall be reviewed by the Finance
Committee, which shall present the computations and contract to Town Meeting in a
separate warrant article for consideration. In the case of the School Department budget,
the finance committee shall present an article with the contracts included and a separate
article without the contract included.
Any portion of this By Law deemed not acceptable by the Attorney General shall not
affect others provisions of this By Law.
Petition of Robert Ercolini and others
VOTED JUNE 6, 2006 - 10:37PM
Article 31. Amend General Bylaws—Add Chapter 143 - Public Notice.
UNANIMOUSLY VOTED TO "TAKE NO ACTION" to adopt By Law entitled
"Public Notice", Chapter 143 to provide that:
Section 143-1: Public Notice Using Internet
Any and all information currently required to be printed in a newspapers or otherwise
published or posted by the Town, School Department or residents doing business with the
Town will be made available on a separate web site established by the Town of North
Andover entitled Public Notices for Town and School Departments and to request that
the Board of Selectmen and School Committee prepare and file a "Home Rule Petition to
the General Court of the Commonwealth of Massachusetts" for the purpose of requesting
appropriate authority to publish certain notices and documents on this web site in lieu of
publishing these "Public Notices" in newspapers that the Board of Selectmen and School
Committee deem appropriate in their sole discretion for the purposes of reducing costs
incurred by the town and its residents and for the purpose of making such "Public
Notices"more available to the residents of the Town and others.
Petition of Robert Ercolini and others
VOTED JUNE 6,2006— 10:38PM
Article 32. Amend General Bylaws—New Section 143-2 -Public Notice Information.
UNANIMOUSLY VOTED TO "TAKE NO ACTION" to amend the General Bylaws
of the Town of North Andover by adding a new Section 143-2 entitled "Public Notice
Information" to provide that:
Section 143-2: Public Notice Information
The Town of North Andover through its computer systems will contemporaneously
publish, when a document is issued or otherwise made available on any Town or
School Departments computer systems, on either the Town of North Andover Official
Web Site and/or the Town of North Andover School Department Official Web Site,
all information subject to the Massachusetts Public Information Law and that any
information or documents withheld will be identified in detail along with the reason
for the decision not to publish them and the person designated by the Town or the
School Department to make that decision.
This information published on these web sites shall include, but not be limited to, all
information required to be published in the Town's Annual Report, monthly and
yearly financial statements, reports issued by committees, budgets, general ledgers,
detailed listing of cash receipt and disbursement journals, labor and all other contracts
including contracts proposed for appropriation at Town Meeting, detailed listing of
all property assessments by property class and related tax assessments, minutes of all
meetings and related attachments presented to board or meeting members,
correspondence of the Town and School departments, all submissions to and
decisions or correspondence issued by the all departments of the Town, including but
not limited to the Planning Board, Conservation Commission, Zoning Board of
Appeals, Board of Health, and Finance Committee, all standardized school test
results, all correspondence to and from the to the Department of Education, Bureau of
Accounts and other governmental agencies.
The Town and School Department Official web sites shall also establish as soon as
possible Bulletin Boards on their sites for use by residents of the Town to identify and
discuss all Town and school related issues in a forum where residents are required to
identify themselves in order to participate in a discussion or forum, but need not
identify themselves to review the information on the bulletin boards.
These Town and School web sites shall maintain information for at least a five year
period. The implementation period of this By Law which shall be two years from the
date of enactment and the Town and School Departments shall first provides residents
of the Town with current information as to the Town and School department's
activities and then add historical data.
Petition of Robert Ercolini and others
VOTED JUNE 6, 2006— 10:40PM
Article 33: Establishment of Affordable Housing Trust Fund. VOTED BY
MAJORITY VOTE to accept the provisions of Massachusetts General Laws Chapter 44
Section 55C, and also to delete Chapter 28 - Housing Trust Fund - from the North
Andover General Bylaws, and replace it with the following Chapter 28 - Housing Trust
Fund:
Chapter 28 Housing Trust Fund
§ 28-1. Name of the Trust
The trust shall be called the "Town of North Andover Affordable Housing Trust
Fund".
§ 28-2. Purpose
The purpose of the Trust shall be to provide for the preservation and creation of
affordable housing in the Town of North Andover for the benefit of low and
moderate-income households. In furtherance of this purpose, the Trustees are hereby
authorized, in accordance with the procedures set forth herein, to acquire by gift,
purchase or otherwise real estate and personal property, both tangible and intangible,
of every sort and description; to use such property, both real and personal, in such
manner as the Trustees shall deem most appropriate to carry out such purpose,
provided however, that all property held by the Trust and the net earnings thereof
shall be used exclusively for the preservation and creation in the Town of North
Andover of affordable housing for the purposes for which this Trust was formed.
§ 28-3. Tenure of Trustees
There shall be a Board of Trustees consisting of not less than five nor more than
seven Trustees who shall be appointed by the Board of Selectmen. At least one of the
Trustees shall be a member of the Board of Selectmen. Only persons who are
residents of the Town of North Andover shall be eligible to hold the office of Trustee.
Trustees shall serve for a term of two years, except that two of the initial trustee
appointments shall be for a term of one year, and may be re-appointed at the
discretion of the Board of Selectmen. Any Trustee who ceases to be a resident of the
Town of North Andover shall cease to be a Trustee hereunder and shall promptly
provide a written notification of the change in residence to the Board and to the Town
Clerk. Any Trustee may resign by written instrument signed and acknowledged by
such Trustee and duly filed with the Town Clerk. If a Trustee shall die, resign, or for
any other reason cease to be a Trustee hereunder before his/her term of office expires,
a successor shall be appointed by the Board of Selectmen to fill such vacancy
provided that in each case the said appointment and acceptance in writing by the
Trustee so appointed is filed with the Town Clerk. No such appointment shall be
required so long as there are five Trustees in office. Upon the appointment of any
succeeding Trustee and the filing of such appointment, the title to the Trust estate
shall thereupon and without the necessity of any conveyance be vested in such
succeeding Trustee jointly with the remaining Trustees. Reference to the Trustee shall
mean the Trustee or Trustees for the time being hereunder.
§ 28-4. Meetings of the Trust
The Trust shall meet at least quarterly at such time and at such place as the Trustees
shall determine. Notice of all meetings of the Trust shall be given in accordance with
the provisions of the Open Meeting Law, Massachusetts General Laws Chapter 39,
Sections 23A, 23B and 23C. A quorum at any meeting shall be a majority of the
Trustees qualified and present in person.
§ 28-5. Powers of Trustees
The Board of Trustees shall have the following powers which shall be carried out in
accordance with and in furtherance of the provisions of Massachusetts General Laws
Chapter 44, Section 55C:
A. With the approval of the Board of Selectmen, to accept and receive property,
whether real or personal, by gift, grant, devise, or transfer from any person,
firm, corporation or other public or private entity, including without
limitation, grants of funds or other property tendered to the trust in connection
with provisions of any zoning by-law or any other by-law;
B. With the approval of the Board of Selectmen, to purchase and retain real or
personal property, including without restriction investments that yield a high
rate of income or no income;
C. With the approval of the Board of Selectmen and Town Meeting, to sell,
lease, exchange, transfer or convey any real property at public auction or by
private contract for such consideration and on such terms as to credit or
otherwise, and to make such contracts and enter into such undertakings
relative to trust real property as the Trustees deem advisable notwithstanding
the length of any such lease or contract;
D. With the approval of the Board of Selectmen, to sell, lease, exchange, transfer,
or convey any personal property at public auction or by private contract for
such consideration and on such terms as to credit or otherwise, and to make
such contracts and enter into such undertakings relative to trust personal
property notwithstanding the length of any such lease or contract;
E. To execute, acknowledge and deliver deeds, assignments, transfers, pledges,
leases, covenants, contracts, promissory notes, releases and other instruments
sealed or unsealed, necessary, proper or incident to any transaction in which
the board engages for the accomplishment of the purposes of the trust;
F. To employ advisors and agents, such as accountants, appraisers and lawyers
as the trustees deem necessary;
G. To pay reasonable compensation and expenses to all advisors and agents and
to apportion such compensation between income and principal as the trustees
deem advisable;
H. To apportion receipts and charges between income and principal as the
trustees deem advisable, to amortize premiums and establish sinking funds for
such purpose, and to create reserves for depreciation depletion or otherwise;
I. With the approval of the Board of Selectmen, to participate in any
reorganization, recapitalization, merger or similar transactions; and to give
proxies or powers of attorney with or without power of substitution, to vote
any securities or certificates of interest, and to consent to any contract, lease,
mortgage, purchase or sale of property, by or between any corporation and
any other corporation or person;
J. With the approval of the Board of Selectmen, to deposit any security with any
protective reorganization committee, and to delegate to such committee such
powers and authority with relation thereto as the trustees may deem proper
and to pay, out of trust property, such portion of expenses and compensation
of such committee as the board, with the approval of the Board of Selectmen,
may deem necessary and appropriate;
K. To carry property for accounting purposes other than acquisition date values;
L. With the approval the Board of Selectmen and the approval of Town Meeting
by a two-thirds majority vote, to incur debt, to borrow money on such terms
and conditions and from such sources as the trustees deem advisable, and to
mortgage and pledge trust assets as collateral;
M. With the approval of the Board of Selectmen, to disburse trust funds for the
purpose of making loans or grants in furtherance of the creation or
preservation of affordable housing in North Andover upon such terms as the
Trustees shall deem most appropriate to carry out such purposes;
N. To make distributions or divisions of principal in kind;
O. To comprise, attribute, defend, enforce, release, settle or otherwise adjust
claims in favor or against the trust, including claims for taxes, and to accept
any property, either in total or partial satisfaction of any indebtedness or other
obligation, and subject to the provisions of G.L. Chapter 44, Section 55C, to
continue to hold the same for such period of time as the board may deem
appropriate;
P. To manage or improve real property and, with the approval of the Board of
Selectmen and Town Meeting, to abandon any property which the trustees
determine not to be worth retaining;
Q. To hold all or part of the trust property uninvested for such purposes and for
such time as the trustees may deem appropriate; and
R. To extend the time for payment of any obligation to the trust.
§ 28-6. Funds Paid to the Trust
Notwithstanding any general or special law to the contrary, all moneys paid to the
trust in accordance with any zoning by-law, exaction fee, or private contribution shall
be paid directly into the trust and need not be appropriated or accepted and approved
into the trust. General revenues appropriated into the trust become trust property and
these funds need not be further appropriated to be expended. All moneys remaining in
the trust at the end of any fiscal year, whether or not expended by the board within
one year of the date they were appropriated into the trust, remain trust property.
§ 28-7. Acts of Trustees
A majority of Trustees may exercise any or all of the powers of the Trustees
hereunder and may execute on behalf of the Trustees any and all instruments with the
same effect as though executed by all the Trustees. No Trustee shall be required to
give bond. No license of court shall be required to confirm the validity of any
transaction entered into by the Trustees with respect to the Trust Estate.
§28-8. Liability
Neither the Trustees nor any agent or officer of the Trust shall have the authority to
bind the Town, except in the manner specifically authorized herein. The Trust is a
public employer and the Trustees are public employees for the purposes of G.L.
Chapter 268A. The Trust shall be deemed a municipal agency and the Trustees
special municipal employees for the purposes of Massachusetts General Laws
Chapter 268A.
§ 28-9. Taxes
The Trust is exempt from Massachusetts General Laws Chapter 59 and 62, and from
any other provisions concerning payment of taxes based upon or measured by
property or income imposed by the Commonwealth or any subdivision thereto.
§ 28-10. Custodian of Funds
The Town Treasurer shall be the custodian of the funds of the Trust. The books and
records of the Trust shall be audited annually by an independent auditor in
accordance with accepted accounting practices for municipalities.
§ 28-11. Governmental Body
The Trust is a governmental body for purposes of Sections 23A, 23B and 23C of
Massachusetts General Laws Chapter 39.
§ 28-12. Board of the Town
The Trust is a board of the Town for purposes of Massachusetts General Laws
Chapter 30B and Section 15A of Massachusetts General Laws Chapter 40; but
agreements and conveyances between the trust and agencies, boards, commissions,
authorities, departments and public instrumentalities of the town shall be exempt
from said Chapter 30B.
§ 28-13. Duration of the Trust
This Trust shall be of indefinite duration, until terminated in accordance with
applicable law. Upon termination of the Trust, subject to the payment of or making
provisions for the payment of all obligations and liabilities of the Trust and the
Trustees, the net assets of the Trust shall be transferred to the Town and held by the
Board of Selectmen for affordable housing purposes. In making any such distribution,
the Trustees may, subject to the approval of the Board of Selectmen, sell all or any
portion of the Trust property and distribute the net proceeds thereof or they may
distribute any of the assets in kind. The powers of the Trustees shall continue until the
affairs of the Trust are concluded.
§ 28-14. Recordings
The Board of Selectmen may authorize the Trustees to execute, deliver, and record
with the Registry of Deeds any documents required for any conveyance authorized
hereunder.
§ 28-15. Titles
The titles to the various Articles herein are for convenience only and are not to be
considered part of said Articles nor shall they affect the meaning or the language of
any such Article.
Petition of the Housing Partnership Committee
VOTED JUNE 6, 2006 - 10:44PM
Article 34. Intermunicipal Joint Purchasing Agreement — Community Software
Consortium. UNANIMOUSLY VOTED to authorize the municipality to enter into an
intermunicipal joint purchasing agreement pursuant to Massachusetts General Laws
Chapter 40 Section 4A for the provision of technology solutions and related consulting
and support services with the Community Software Consortium, preserving the rights and
privileges established in prior agreement(s). The duration of this agreement, in
accordance to statute, shall be for no more than 25 years, with the ability of the
community to withdraw from this agreement at any time. The annual obligation of the
municipality under this agreement will be paid from the participating departments'
expense appropriations. The annual obligation is determined by membership vote
pursuant to the consortium's bylaws.
Petition of the Board of Assessors
VOTED JUNE 6, 2006 - 10:50PM
ARTICLE 35. Continue Provisions Of Massachusetts General Law, Chapter 59
Section 5k — Property Tax Liability Reduction, Volunteers Over Age 60.
UNANIMOUSLY VOTED that the Town continue the provisions of Massachusetts
General Law, Chapter 59 Section 5k which establishes a program to allow persons over
the age of 60 to volunteer 100 hours per year to provide services to the Town to reduce
their real estate property tax provided, however, that any rules and regulations
promulgated by the Board of Selectmen to implement this program establish an amount
to be allocated under this program not to exceed$12,000.
VOTED JUNE 6, 2006 - 10:52PM
Article 36. Petition the General Court—Amend Town Charter- Chapter 7- Section
8-1- Expand Board of Health to Five Members. UNANIMOUSLY VOTED to
authorize the Board of Selectmen to Petition the Legislature to Amend Chapter 7, Section
8.1 of the Charter of the Town of North Andover, by deleting the words "three members"
and replacing with the words "five members" so that Section 8.1 would read as follows:
"A Board of Health of five members, one of whom shall be a licensed physician in the
commonwealth, shall be appointed by the Town Manager for three-year overlapping
terms, unless the manager shall replace the board with a health agent, with the approval
of the Board of Selectmen, in accordance with general law."
and further amended on motion of Thomas Trowbridge seconded by Keith A . Mitchell
UNANIMOUSLY VOTED to amend Section 8.1 of the Charter by deleting "unless the
manager shall replace the board with a health agent, with the approval of the Board of
Selectmen, in accordance with general law."
Chapter 7 Section 8.1 of the Charter of the town of North Andover to read as
follows:
Chapter 7 Section 8 Board of Health
7-8-1 A board of health of five members, one of whom shall be a
licensed physician in the Commonwealth, shall be appointed by the
Town Manager for three-year overlapping terms.
VOTED JUNE 6, 2006 - 10:57PM
Article 37. Petition the General Court—Health Insurance Benefits—Town of North
Andover Elected Officials. VOTED to Petition the General Court to pass a Special Act
as follows:
"Notwithstanding Massachusetts General Laws Chapter 32B or other laws to the
contrary, health insurance benefits for elected officials shall not be provided in the Town
of North Andover"
VOTED JUNE 5, 2006 YES 282 NO 73 10:35PM
VOTE TO RECONSIDER ARTICLE 37—DENIED— 11:15 PM—JUNE 5, 2006
Article 38. Amend North Andover Zoning Bylaw — Section 4.122(14)(B)(b)-
Residence 4 _District. UNANIMOUSLY VOTED to amend the Town of North
Andover Bylaw, Section 4.122(14)(B)(b) to clarify the ambiguity in the language of the
zoning bylaw involving the demolition of residential homes within the Residential 4 (R4)
and the construction of new multi-family residence, by making the following changes:
Amending Section 4.122(14)(B)(b) - by adding the underlined language to read as
follows:
4.122.14 Residence 4 District
14. Residential Dwellings
A. Dwelling Types
a. One Family Dwelling.
b. Two family dwellings, by special permit from the Zoning Board of
Appeals in accordance with Sections 10.3 and 4.122.14.1) of this Bylaw.
B. Conversions - The conversion of an existing one-family to a two-family dwelling,
by special permit from the Zoning Board of Appeals in accordance with Sections 10.3
and 4.122.14.1) of this Bylaw, provided that conversion from a one-family to a two-
family dwelling meets the following additional requirements:
a. If a conversion involves increasing the size of an existing structure, the expansion
area shall not exceed 50% of the original building's gross floor area up to a maximum of
1500 s.f. The size of the second dwelling unit can never exceed 1500 s.f.
b. If a conversion involves razing an existing structure, the gross floor area of the
new residential structure shall not exceed 150% of the gross floor area of the original
building, nor shall the new structure be more than 1,000 square feet of gross floor area
larger than the original structure, whichever is less. The size of the second dwelling unit
may never exceed 1,500 square feet. If an existing lot is subdivided to form two or more
new lots, and the existing structure lies within more than one of the new lots, and if the
existing structure is to be razed in connection with the conversion, then new buildings
on any lot formerly covered by the existing structure must comply with all the provisions
of 4.122.14B of the Bylaw. Newly created lots not formerly covered by the existing
structure must meet the requirements of 4.122.14D of the Bylaw.
VOTED JUNE 6, 2006— 11:02PM
Article 39. Amend North Andover Zoning Bylaw—Section 10.31(1)—Conditions for
Approval of Special Permit. To see if the Town will vote to amend Section 10.31(1) to
modify existing and to incorporate additional conditions for approval of a special permit
by making the following changes.
Amending Sections Section 10.31(1) by adding the underlined language to read as
follows:
10.31 Conditions for Approval of Special Permit
1. The Special Permit Granting Authority shall not approve any such application for a
Special permit unless it finds that in its judgment all the following conditions are met:
a. The specific site is an appropriate location for such a use, structure or condition;
b. Social, economic, or community needs which are served by the proposal;
c. The use as developed will not adversely affect the neighborhood character;
d. There will be no nuisance or serious hazard to vehicles or pedestrians;
e. Adequate and appropriate facilities will be provided for the proper operation of
the proposed use;
£ The Special Permit Granting Authority shall not grant any Special Permit unless
they make a specific finding that the use is in harmony with the general purpose
and intent of this Bylaw.
Petition of the Planning Board
ARTICLE DEFEATED BY UNANIMOUS VOTE JUNE 6, 2006 - 11:03PM
Article 40. Amend Zoning Map—Davis Street—Assessors Map 70— Parcel 18 From
General Business (GB) to Residential 4 (114). To see if the Town will vote to amend the
Zoning Map of the Town of North Andover to rezone a parcel of land located at Davis
Street, with an address of 160 Pleasant Street, North Andover, MA from General
Business (GB) to Residence 4 (R4).
Said parcel of land being a portion of North Andover Assessor's Map 70, Parcel 18 and
located on the Southerly side of Davis Street approximately 86.15 feet Easterly of the
intersection of Davis Street with Pleasant Street.
Said parcel is more particularly bounded and described as follows:
NORTHERLY by Davis Street, 86.15 feet;
EASTERLY by land now or formerly of Learning Center Associates 96.50 feet;
SOUTHERLY by other land of KSJ Realty Trust, 85.16 feet; and
WESTERLY by land formerly of Michael J. and Judy M. Pollizzotti, now of Scott
Steinberg and Jennifer L. Steinberg, 111.50 feet
Containing 8,850 square feet of land,more or less.
Meaning and intending to rezone a portion of land owned by Joseph G. Levis, Trustee of
KSJ Realty Trust. For further reference see deed dated January 19, 2005 and recorded in
the North Essex Registry of Deeds, at Book 9310, Page 218.
Petition of Joseph G. Levis and others
UNANIMOUSLY VOTED TO "REFER BACK TO THE PLANNING BOARD
FOR FURTHER STUDY" -VOTED JUNE 6, 2006- 11:05PM
Article 41. Amend Zoning Bylaw — Watershed Protection District — Sections
4.136(3)(c)(ii) and (iii). UNANIMOUSLY VOTED to amend the Town of North
Andover Zoning Bylaw, Sections 4.136(3)(c)(ii) and 4.136(3)(c)(iii) to modify certain
uses within the Non-Disturbance Zone of the North Andover Watershed Protection
District by inserting language specifying the maximum allowable square footage for the
construction of an accessory structure or expansion to the existing primary structure.
Sections 4.136(3)(c)(ii) and 4.136(3)(c)(iii) now reads:
Non-Disturbance Buffer Zone
C. There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection
District which shall consist of all land areas located between one hundred fifty (150) feet
and two hundred fifty (250) feet horizontally from the annual mean high water mark of
Lake Cochichewick, and between seventy five (75) feet and one hundred fifty (150) feet
horizontally from the edge of all wetland resource areas (as defined in M.G.L. Chapter
131, Section 40, and the Town Wetland Bylaw) located within the Watershed.
i. Allowed Uses: All of the Allowed Uses listed in Section 3 (a)(i) of this
Watershed Protection District Bylaw are allowed in the Non-Disturbance
Zone except as noted.
ii. Uses allowed by Special Permit: The following uses shall be allowed
within the Non-Disturbance Buffer Zone only by Special Permit issued
pursuant to Section 4 of this Watershed Protection district Bylaw:
(1) Any activities which cause a change in topography or grade.
(2) Vegetation removal or cutting, other than in connection with
agricultural uses or maintenance of a landscape area.
(3) Construction of a new permanent structure only after a variance
has been granted by the Zoning Board of Appeals.
(4) Replacement of any permanent structure.
(5) Any surface or sub-surface discharge, including but not limited to,
stormwater runoff; drainage of any roadway that is maintained by
the Division of Public Works or any private association; outlets of
all drainage swales; outlets of all detention ponds.
(6) Construction of any accessory structure or expansion of any
existing structure by less than twenty five (25) percent of the gross
floor area of the existing structure.
iii. Prohibited Uses: The following uses are specifically prohibited within
the Non-Disturbance Buffer Zone:
(1) All of the Prohibited Uses listed in Section 3(c)(iii) of this
Watershed Protection District bylaw are prohibited in the Non-
Discharge Zone.
(2) Construction of any septic system.
(3) Construction of any new permanent structure, or expansion of an
existing structure by twenty-five (25) percent or more of the gross
floor area of the existing structure.
Sections 4.136(3)(c)(ii) and 4.136(3)(c)(iii) as amended to read (new text underlined):
Non-Disturbance Buffer Zone
C. There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection
District which shall consist of all land areas located between one hundred fifty
(150) feet and two hundred fifty (250) feet horizontally from the annual mean
high water mark of Lake Cochichewick, and between seventy five (75) feet and
one hundred fifty (150) feet horizontally from the edge of all wetland resource
areas (as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland
Bylaw) located within the Watershed.
i. Allowed Uses: All of the Allowed Uses listed in Section 3 (a)(i) of this
Watershed Protection District Bylaw are allowed in the Non-Disturbance
Zone except as noted.
ii. Uses allowed by Special Permit: The following uses shall be allowed
within the Non-Disturbance Buffer Zone only by Special Permit issued
pursuant to Section 4 of this Watershed Protection district Bylaw:
(1) Any activities which cause a change in topography or grade.
(2) Vegetation removal or cutting, other than in connection with
agricultural uses or maintenance of a landscape area.
(3) Construction of a new permanent structure only after a variance
has been granted by the Zoning Board of Appeals.
(4) Replacement of any permanent structure.
(5) Any surface or sub-surface discharge, including but not limited to,
stormwater runoff, drainage of any roadway that is maintained by the Division of
Public Works or any private association; outlets of all drainage swales; outlets of
all detention ponds.
(6) Construction of any accessory structure or expansion of any
existing structure by less than twenty five (25) percent of the gross floor area if
the existing structure exceeds 2,500 square feet.
(7) Construction of any accessory structure or expansion of any
existing structure by less than fifty (50) percent of the gross floor area of the
existing primary structure is less than 2,500 square feet and the primary
structure will be connected to municipal sewer upon completion of the
project.
iii. Prohibited Uses: The following uses are specifically prohibited within
the Non-Disturbance Buffer Zone:
(1) All of the Prohibited Uses listed in Section 3(c)(iii) of this Watershed
Protection District bylaw are prohibited in the Non-Discharge Zone.
(2) Construction of any septic system.
(3) Construction of any new permanent structure, or expansion of an existing
structure except as allowed by Special Permit per Section 3.c.ii.
VOTED JUNE 6, 2006 - 11:06PM
Article 42. Amend General Bylaws — Chapter 178, Section 9 - Wetlands
Protection — Rules and Regulations. UNANIMOUSLY VOTED to amend Chapter
178 Section 9 Rules and Regulations, of the North Andover Wetlands Protection Bylaw
to insert the words "procedures governing small projects," between the words in "...in
wetland resource areas," and "and such other information..." so that Chapter 178 Section
9 Rules and Regulations, would read as follows:
Chapter 178 Section 9: The Commission shall be empowered to establish Rules and
Regulations to govern its affairs, including but not limited to fees, definitions, use of
consultants, security to assure performance, performance standards for work in wetland
resource areas, procedures governing small projects, and such other information which
it deems necessary to discharge its responsibilities. After due notice and public hearing,
the Commission may promulgate such rules and regulations to effectuate the purposes of
this Bylaw, by majority vote of the duly appointed members. Failure by the Commission
to promulgate such rules and regulations; or a legal declaration of their invalidity by a
court of law shall not act to suspend or invalidate the effect of this By-law; or to take any
other action relative thereto.
NOTE: The full text of Chapter 178 is available at the Town Clerk's Office and on
the Town of North Andover Web site at www.townofnorthandover.com.
Chapter 178—Wetlands Protection as amended by Article 42 reads as follows:
The purpose of this Bylaw is to preserve and protect the wetland resource areas (as
specified in Section 178.2) of the Town of North Andover by regulation of, and control
of, activities (as specified in Section 178.2) deemed by the North Andover Conservation
Commission (the "Commission") to have significant or cumulatively detrimental effect
upon the following interests and values, including: public or private water supply;
groundwater; the prevention and control of flooding, erosion, sedimentation, storm
damage, and/or pollution; protection of fisheries, wildlife, wildlife habitat and recreation.
§178.2 Jurisdiction.
Except as permitted in writing by the Commission, or as provided in this
Bylaw, no person shall engage in the following activities ("activities"): removal, filling,
dredging, discharging into, building upon, or otherwise altering or degrading the wetland
resource areas described in the following sentence. The Town's wetland resource areas
consist of:
1) any isolated vegetated wetland,
2) any ephemeral pool
3) any vegetated wetland bordering on any creek, river, stream, pond or lake,
4) any bank,beach, marsh, wet meadow, bog, or swamp,
5) any land under any creek, river, stream,pond or lake,
6) any 100-foot buffer zone of wetland areas 1-5 listed above,
7) any land subject to storm flowage, or flooding by groundwater or surface
water,
8) and the 200-foot riverfront area.
The following waterbodies and contiguous 200-foot zones on either side of the
waterbody in North Andover have been identified by the Commission as
riverfront areas: Mosquito Brook, Rocky Brook, Boston Brook, Cochichewick
Brook, Merrimack River and Shawsheen River (See Figure 1-3 — North
Andover Riverfront Area Maps).
The wetland resource areas listed in 1-8 above are protected in addition to the
wetland resource areas protected under the Massachusetts Wetlands Protection
Act M.G.L. Chapter 131, Section 40 ("the Act") and its accompanying
regulations 310 CMR 10.00.
The Commission shall not grant such permission without receiving written
notice of the intention to conduct such activity, and without issuing written
permission to do so all in compliance with the provisions of this Bylaw.
§178.3 Exemptions.
This Bylaw shall not apply to the following activities:
1. Emergency projects as defined in the Commission's regulations (Section
II); or
2. Maintenance, repair or replacement, without substantial change or
enlargement, of existing and lawfully located structures or facilities used in the
service of the public and used-to provide electric, gas, water, telephone, or
other telecommunication services to the public; or
3. Normal maintenance of land in agricultural use, as defined in the
Commission's regulations (Section II); or
4. Maintenance and repair of existing public ways.
§178.4 Applications to perform work and information required.
All applications to perform activities in the Town's resource areas shall be
either in the form of a Request for Determination or a Notice of Intent, or both. Such
applications shall contain data and plans as specified in the Commission's regulations,
and shall be submitted in complete written form to the Commission as required by this
Bylaw, regulations, and application checklist (Appendix A of Regulations). The date
which serves to commence the Commission's deliberation period is the date of receipt of
the application at its offices, during regular office hours. The Town Conservation
Administrator shall be granted the power to make determinations of completeness for
applications submitted to the Commission and reject, within two (2) business days, those
applications that do not meet the minimum submittal requirements of this Bylaw,
regulations, and application checklist. In order to provide sufficient review time the
Commission may continue a public hearing or public meeting if new information is
submitted by the applicant, or applicant's agent, less than seven (7) business days before
the scheduled public hearing or public meeting.
The applicable forms may be obtained from the Commission and must be
signed by the applicant or applicant's agent where required. The Commission
may require further information by Regulation, guideline, or as otherwise
deemed necessary by the Commission. In order to comply with the provisions
of this Bylaw, each application must be complete as filed, and must comply
with the rules set forth herein and Commission regulations. No such
application shall be accepted as complete before all permits, variances, and
approvals required by the Bylaws of the Town with respect to the proposed
activity, at the time of such Notice, have been applied for or obtained. Such
Application shall also include any information submitted in connection with
such permits, variances, and approvals that is necessary to describe the effect
of the proposed activity on the resource areas.
§178.5 Hearings.
A) Combination with State Law Hearing:
The said Commission, in its discretion, may hear any oral presentation
under this Bylaw at the same public hearing required to be held under the
provisions of chapter 131, section 40, of the Massachusetts General Laws.
Notice of the time and place of such hearing(s) shall be given as required
below.
B) Notice: Notice of the time and place of the hearing shall be given at the
applicant's expense, not less than seven (7) calendar days prior to the public
hearing, by publication in a newspaper of general circulation in North
Andover, and by mailing a copy of such notice to all land owners within 300
feet of the land on which the work is proposed. All publications and notices
shall contain the name of the applicant, a description of the area where the
activity is proposed by street-address, if any, or other adequate identification of
the location of the area or premises which is the subject of the notice, the date,
time and place of the public hearing, the subject matter of the hearing, and the
nature of the action or relief requested, if any. Public notice requirements for
continued public hearings under this Bylaw shall be the same as the
notification requirements set forth in 310 CMR 10.05(5)(b)3.
B) Proof. The applicant shall have the burden of proving by a preponderance
of credible evidence that the activity proposed in the Notice of Intent will
not cause adverse impacts to any of the interests and values sought to be
protected by this Bylaw. Failure to provide to the Commission adequate
evidence for it to determine that the proposed activity does not cause
adverse impacts shall be sufficient cause for the Commission to deny
permission or to grant such permission with such conditions as it deems
reasonable, necessary or desirable to carry out the purposes of this Bylaw;
or to postpone or continue the hearing to another date certain to enable the
applicant and others to present additional evidence, upon such terms and
conditions as seem to the Commission to be reasonable.
Due consideration shall be given to possible effects of the proposal on all
interests and values to be protected under this Bylaw and to any
demonstrated hardship on the petitioner by reason of a denial, as brought
forth at the public hearing.
D) Continuances:
The Commission may continue a public hearing or public meeting in the
following situations:
1. With the consent of the applicant, to an agreed-upon date which shall
be announced at the hearing; or
2. Without the consent of the applicant, to a specific date for the reasons
stated at the hearing, including but not limited to receipt of additional
information from the applicant or others.
E) Investigations:
The Commission, its agents, officers and employees, may enter upon
privately owned land for the purpose of carrying out its duties under this
Bylaw and may make or cause to be made such examination or survey as
deemed necessary.
§178.6 Orders And Decisions.
A) All Orders and Decisions:
If the Commission determines that the proposed activity does not require
the imposition of conditions to preserve and protect the interests of this
Bylaw, the applicant shall be so notified in writing.
If, after the hearing, the Commission determines that the proposed activity
is significant to one or more interests and values of this Bylaw, the
Commission may vote to issue written Orders of Conditions within 21
days of the close of the public hearing. The Commission may impose
such conditions, safeguards and limitations on time and use upon such
activity as it deems necessary to protect those interests.
The Commission may prohibit such activity altogether, in the event that it
finds that the interests and values of this Bylaw can not be preserved and
protected by the imposition of such conditions, safeguards or limitations.
B) Security to Assure Performance:
The Commission may, as a part of its Order of Conditions, require, in
addition to any security required by any other Town or State Board,
Commission, agency or officer, that the performance and observance of
the conditions, safeguards and limitations imposed under this Bylaw on
the applicant and owner be secured by one, or both, of the methods
described in the following clauses:
1. Deposit:
By the deposit of money, sufficient to complete the work as proposed,
to secure performance of the conditions and observance of the
safeguards of such Order of Conditions. Such security, if filed or
deposited, shall be approved as to form and manner of execution by
Town Counsel or the Town Treasurer.
2. Land Restrictions(s):
By a conservation restriction, easement, or other covenant running
with the land, executed and properly recorded (or registered, in the
case of registered land).
C) Duration of Orders:
All Orders of Conditions shall expire three (3) years after the date of
issuance. An Order of Conditions may be extended for one year upon the
request of the applicant. The request for an extension of an Order of
Conditions shall be made to the Commission at least 30 days prior to
expiration of the Order of Conditions. The Commission may grant only
two (2) extensions for an individual Order of Conditions.
No activity governed by an Order of Conditions shall be performed unless
and until all permits, approvals and variances required by the Bylaws of
the Town shall have been obtained, such Order of Conditions or
notification shall have been recorded or registered at the Essex North
District Registry of Deeds or in the North Essex District of the Land Court
Department, and all applicable appeal periods have expired. The
Commission shall have the right to record or register its Order of
Conditions with said Registry or Registry District. In the event that an
Order of Conditions issued pursuant to this Bylaw is identical to a final
Order of Conditions issued pursuant to the provisions of MGL Chapter
131, Section 40, only one such order need be recorded or registered.
D) Modifications, Amendments, Revocations:
The Commission shall have the power (on its own motion or upon the
petition of the applicant, or any person interested) to modify, amend, or
revoke an Order of Conditions. In revoking an Order of Conditions the
Commission shall officially notify the interested parties through certified
mail and hold a public hearing within 21 days of the notification date. In
the case of an amendment to an Order of Conditions, the Commission
shall have the discretion to decide if a public hearing is warranted. This
decision shall be based on the potential impact of proposed work and its
effect on the ability of the identified wetland resource areas to provide
those interests as defined under the Act and Bylaw. No public hearing is
required for a modification to an Order of Conditions. Written notification
to the applicant by certified mail is required in all cases where the
Commission initiates a modification, amendment or revocation of an
Order of Conditions.
§178.7 Certificates Of Compliance.
The Commission shall, upon receiving a written request and weather
permitting, inspect the resource areas where the activity governed by an Order
of Conditions was carried out and issue a Certificate of Compliance (or Partial
Certificate of Compliance) to the owner of the property, applicant, or
applicant's representative, in a form suitable for recording or registering, if it
shall determine that all of the activity or activities, or portions thereof, limited
thereby have been completed in accord with said order.
§178.8 Responsibility For Compliance.
After the recording of a Notice of Violation or Order , any person who
purchases, inherits or otherwise acquires real estate upon which work has been
done in violation of the provisions of this Bylaw or in violation of any order
issued under the Bylaw shall forthwith comply with any such Order or restore
such land to its condition prior to any such violation; provided, however, that
no action, civil or criminal, shall be brought against such person unless such
action is commenced within three years following the recording of the deed or
the date of the death by which such real estate was acquired by such person.
§178.9 Rules And Regulations,
The Commission shall be empowered to establish Rules and Regulations to
govern its affairs, including but not limited to fees, definitions, use of
consultants, security to assure performance, performance standards for work in
wetland resource areas, procedures governing small projects, and such other
information which it deems necessary to discharge its responsibilities. After
due notice and public hearing, the Commission may promulgate such rules and
regulations to effectuate the purposes of this Bylaw, by a majority vote of the
duly appointed members.
Failure by the Commission to promulgate such rules and regulations; or a legal
declaration of their invalidity by a court of law shall not act to suspend or
invalidate the effect of this Bylaw. [Underlined Text Added — June 2006
Annual Town Meeting-Article 42- Approved by Attorney General
October 16, 20061
§179.10 Enforcement, Investigations & Violations
In accord with the provisions of M.G.L. Chapter 40, Sections 21D and 31 as
well as every other authority and power that may have been or may hereafter
be conferred upon it, the Town may enforce the provisions of this Bylaw,
restrain violations thereof and seek injunctions and judgments to secure
compliance with its Orders of Conditions. Without limiting the generality of
the foregoing:
A) Any person who violates any provision of this Bylaw or of any condition
or a permit issue pursuant to it may be punished by a fine pursuant to
Massachusetts General Laws, Chapter 40, section 21. Each day or portion
thereof during which a violation continues shall constitute a separate
offense; if more than one, each condition violated shall constitute a
separate offense. This Bylaw may be enforced pursuant to Massachusetts
General Laws Chapter 40, section 21D, by a Town police officer, other
persons having police powers, Conservation Commissioners or the
Conservation Administrator.
In accordance with Ch. 40 S. 21D, violators shall, at the discretion of the
enforcement authorities, be charged a penalty. The penalties for violations
of this Bylaw or regulations promulgated hereunder may be assessed as
follows:
Violation Violation/Day
Alteration of any wetland resource area $ 100
identified in Section 178.2 of this Bylaw:
Violation of any Order of Conditions: $ 100
Depositing any refuse, debris, yard waste or $ 100
construction material in a wetland or water body:
Alteration of any stream or water body: $ 100
Any violation of any section of this Bylaw that
occurs in the Lake Cochichewick Watershed: $ 100
B) In the event of a violation of this Bylaw or of any order issued thereunder,
the Commission or its agents may issue a stop work order to the owner,
the applicant or applicant's agent by certified mail, return receipt
requested, or by posting the same in a conspicuous location on said site.
Any person who shall violate the provisions of a stop work order shall be
deemed in violation of the Bylaw; but the failure of the Commission to
issue a stop work order for any reason shall not prevent the Town from
pursuing any other legal remedy at law or in equity to restrain violations
of this Bylaw or promulgated regulations and to secure compliance with
its Orders.
C) The Town shall be the beneficiary of all fines imposed on account of the
violation of this Bylaw or promulgated regulations in order to defray the
expense of enforcing the same.
D) Upon request of the Commission, the Board of Selectmen and Town
Counsel shall take such legal action as may be necessary to enforce this
Bylaw or promulgated regulations and permits issued pursuant to it.
E) Upon recommendation of the Commission, the Board of Selectmen may
employ Special Counsel to assist the Commission in carrying out the legal
aspects, duties and requirements of this Bylaw and promulgated
regulations.
§178.11 Consultant Services Account. [Section 178.11 Disapproved by Attorney
General October 20,19981 All remaining provisions were approved
§178.12 Captions and Severability.
The captions used herein are for convenience only and are expressly
intended to have no legal or binding significance. The invalidity of any
section or provision of this Bylaw shall not invalidate any other section or
provision thereof, nor shall it invalidate any Order of Conditions or
decisions which have previously become final.
VOTED JUNE 6, 2006 - 11:07PM
Article 43. Amend General Bylaws Chapter 178 — Wetlands Protection. To see if
Town Meeting will vote to eliminate or modify and make less restrictive Chapter 178 of
the General Bylaws "WETLANDS PROTECTION", (set forth below and commonly
referred to as the local wetland bylaw), administered by the Town's Conservation
Commission.
Petition of Robert Ereolini and others
UNANIMOUSLY VOTE TO "TAKE NO ACTION"
VOTED JUNE 6, 2006 II;I0PM
Article 44. Amend General Bylaws — Chapter 170 - Underground Utilities —
Section 3 — Subsection C — "Downtown Area"— Add School Street.
UNANIMOUSLY VOTED to amend the General Bylaws, Chapter 170 — Underground
Utilities by modifying Section 3, subsection C to read "Downtown Area: Main Street
from Sutton Street to Merrimac Street, including 200 feet from Main Street for the
following side streets — Waverly Road, First Street, and Second Street, all of School
Street, and on Water Street from Main Street to High Street.
Section 3 to read as follows:
Section 3. Applicability of Section 2 applies to the following parts of Town:
A. Any new public way approved by the Planning Board to the extent it is
exclusively situated in an approved residential or non-residential
subdivision.
B. Any way in which the wires and utility facilities are underground as of the
effective date of this bylaw.
C. Downtown Area: Main Street from Sutton Street to Merrimac Street,
including 200 feet from Main Street on the following side streets;
Waverley Road, First Street, and Second Street, all of School Street, and
on Water Street from Main Street to High Street. [Added— June 6, 2006
Annual Town Meeting-Article 44-Approved by Attorney General
October 16, 20061
D. Old Common Area: along the foriner Essex Street from Academy Road
to Great Pond Road; along Osgood Street from Bay State Road to the
intersection of Andover Street. Along Andover Street from Academy
Road to the intersection with Chestnut Street, along Massachusetts
Avenue from 200 feet northwest of the intersection with Osgood Street
through the Old Center to Salem Street and Johnson Street to Milk Street
and along Great Pond Road from Academy Road 200 feet to the east
toward Stevens Street. [Added by Article 21 2001 Annual Town
Meeting. Approved by Attorney General September 12,
2001][Amended May 10, 2004 Annual Town Meeting - Article 34-
Approved by Attorney General August 19, 2004]
E. Those portions of the Lincoln Line that cross or are within the public
way of the Lincoln Line from Dale Street substation South East to the
corner of Salem and Foster, South West beyond Raleigh Tavern Lane
and from the Woodchuck Hill substation to the corner of Salem and
Foster Streets.
[Section E -Amended by Article 20 November 17, 2003 Special Town
Meeting. Approved by Attorney General January 22, 2004.]
VOTED JUNE 6, 2006— 11:11PM
Article 45. Intermunicipal Agreement Between North Andover/Middleton Water
and Sewer Tie-ins. UNANIMOUSLY VOTED to authorize, but not require, the Board
of Selectmen pursuant to the provisions of Massachusetts General Laws, Chapter 40,
Section 4A, to negotiate and approve an Intermunicipal Agreement, for a term not
exceeding 25 years, between the Towns of North Andover and Middleton to authorize
water and sewer tie-ins for a mixed-use industrial/recreational development on property
in North Andover shown on North Andover Assessor's Tax Map 108.A as Lots 6, 7 and
19 and in Middleton on Middleton Assessor's Map 9 as Lots 24 and 26 all owned by
Nomid Trust, Joseph DiGrazia and Eric DiGrazia, Trustees, located at or near 2350
Turnpike Street and 15 Sharpners Pond Road (Missile Site Road), North Andover; all on
such terms as the Selectmen deem to be in the best interest of the Town, and make such
other agreements as may be required by the Greater Lawrence Sanitary District before
permission is granted for said sewer connection.
Petition of Frank Terranova and others
VOTED JUNE 6, 2006 - 11:12PM
Article 46. Acquisition and Acceptance of Granville Lane, Grosvenor Avenue,
Inglewood Street, Surrey Drive and Wildwood Circle as Public Ways.
UNANIMOUSLY VOTED to accept Granville Lane, Grosvenor Avenue, Inglewood
Street, Surrey Drive, and Wildwood Circle as public ways and to authorize the Board of
Selectmen to acquire by eminent domain, gift,purchase or otherwise any fee, easement or
other interest in the following streets and any easements related thereto as shown on the
following plans:
The land known as Granville Lane, as shown on a plan of land entitled: "Layout Plan
of Granville Lane," dated March 1, 2006 drawn by Christiansen & Sergi, 160 Summer
Street, Haverhill, MA 01830, and on file in the office of the Town Clerk;
The land known as Grosvenor Avenue, as shown on a plan of land entitled: "Layout
Plan of Grosvenor Avenue," dated March 1, 2006, drawn by Christiansen & Sergi, 160
Summer Street, Haverhill, MA 01830, and on file in the office of the Town Clerk;
The land known as Inglewood Street, as shown on a plan of land entitled: "Layout Plan
of Inglewood Street," dated March 1, 2006, drawn by Christiansen & Sergi, 160
Summer Street, Haverhill, MA 01830, and on file in the office of the Town Clerk;
The land known as Surrey Drive, as shown on a plan of land entitled: "Layout Plan of
Surrey Drive," dated March 1, 2006, drawn by Christiansen & Sergi, 160 Summer
Street, Haverhill, MA 01830, and on file in the office of the Town Clerk;
The land known as Wildwood Circle, as shown on a plan of land entitled: "Layout Plan
of Wildwood Circle," dated March 1, 2006, drawn by Christiansen & Sergi, 160
Summer Street, Haverhill, MA 01830, and on file in the office of the Town Clerk;
and to award no damages for said taking or payment for said acquisition.
Petition of the Board of Selectmen
VOTED JUNE 6, 2006 - 11:14PM
Article 47. Roadway Acceptances — Willow Street, Willow Street (South) Extension,
Bayfield Drive and Flagship Drive. UNANIMOUSLY VOTED TO "TAKE NO
ACTION" to accept the following roadways as public ways: Willow Street, Willow
Street (South) Extension, Bayfield Drive and Flagship Drive, all shown on a Street
Layout Plan entitled "Street Layout Plan of Willow Street (South) Extension and
Bayfield Drive `North Andover Business Park' `; prepared for Bayfield Development
Company, Inc. 355 Middlesex Avenue, Wilmington MA 01887; prepared by the Neve-
Morin Group, Inc., 447 Old Boston Road, Topsfield, MA 01983; scale 1" — 40', dated
December 21, 2004 on file with the North Andover Department of Public Works.
Petition of Domenic Scalise and others
VOTED JUNE 6, 2006 - 11:15PM
Article 48. Roadway Acceptance — Chatham Circle and Nantucket Drive.
UNANIMOUSLY VOTED TO "TAKE NO ACTION" to accept and name as public
ways Chatham Circle and Nantucket Drive as shown on a plan of land entitled
"Definitive Subdivision Plan Chatham Crossing, North Andover, Massachusetts"
prepared by Andover Consultants, Inc. dated January 31, 2000, revised May 1, 2000 and
June 14, 2000 and recorded with Essex North District Registry of Deeds as Plan No.
13801.
Petition of Donna M. Adam and others
VOTED JUNE 6, 2006 - 11:16PM
Article 49. Roadway Acceptance — Glenore Circle. UNANIMOUSLY VOTED to
accept as a public way Glenore Circle as shown on a plan entitle "Street Layout Plan,
Located in North Andover, MA, prepared for Berrington Place, Glenore Circle, Scale 1"
= 40', Date, March 2005, Christiansen & Sergi", which is on file with the Town Clerk of
North Andover.
Petition of Barbara D. Caruso and others
VOTED JUNE 6, 2006 - 11:16PM
Article 50. Roadway Acceptance — Berrington Place. UNANIMOUSLY VOTED to
accept as a public way Berrington Place as shown on a plan entitle "Street Layout Plan,
Located in North Andover, MA, prepared for Berrington Place, Glenore Circle, Scale 1"
= 40', Date, March 2005, Christiansen & Sergi", which is on file with the Town Clerk of
North Andover.
Petition of Barbara D. Caruso and others
VOTED JUNE 6, 2006 - 11:16PM
On motion of Rosemary Connelly Smedile, duly seconded, the 2006 Annual Town
Meeting for the Town of North Andover dissolved by unanimous vote at 11:17PM.
Respectfully submitted,
Joyce A. Bradshaw, CMMC, Town Clerk