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Home My WebLink AboutAnnual Town Meeting Minutes 05.12.2009 pf,oORTh 9H # `Y ° S �,SSACHU`�E4 9 MINUTES—MAY 12, 2009 ANNUAL TOWN MEETING- OFFICIAL Article 1. Reports of Special Committees. To see if the Town will vote to hear the reports of any appointed special committees; UNANIMOUS VOTE to receive the report of the Wireless Bylaw Committee and to dissolve the committee. Article 2. Reports of Receipts and Expenditures. UNANIMOUS VOTE to accept the reports of receipts and expenditures as presented by the Selectmen in the 2008 Annual Town Report; Article 3. Authorization of the Town Manager or Superintendent of Schools Regarding_ Contracts in Excess of Three Years. MAJORITY VOTE that in accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts, except personnel contracts, for terms exceeding three years, including any renewal, extension or option, provided in each instance the longer term is determined to be in the best interest of the Town by vote of at least four(4) members of the Board of Selectmen or the School Committee, as appropriate; Article 4. Authorization to Accept Grants of Easements. UNANIMOUS VOTE to authorize the Board of Selectmen and the School Committee to accept grants of easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town. Article 5. Authorization to Grant Easements. UNANIMOUS VOTE to authorize the Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town. Article 6. Compensation of Elected Officials. 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 $5,000 Chairman of Board of Selectmen,per annum, in addition $500 School Committee,per person, per annum $5,000 Chairman, School Committee,per annum, in addition $500 Moderator, For Annual Town Meeting $500 For each Special Town Meeting $250 Article 7. Amend General Fund Appropriation For Fiscal Year 2009. UNANIMOUS VOTE to amend the General fund Appropriation for Fiscal Year 2009 as voted under Article 10 of the May 14, 2008 Annual Town Meeting as follows: Decrease General Government by $115,572 for a revised total of$2,534,307 Decrease Public Safety by $191,877 for a revised total of$8,544,822 Decrease Education by $165,000 for a revised total of$36,230,338 Increase Greater Lawrence Technical School by $17,370 for a revised total of$281,817 Increase Snow and Ice Removal by $779,099 for a revised total of$1,454,629 Decrease All Other Public Works by $134,974 for a revised total of$3,193,397 Decrease Health and Human Services by $9,329 for a revised total of$881,975 Decrease Culture and Recreation by $21,329 for a revised total of$800,728 Decrease Liability Insurance by $26,788 for a revised total of$323,212 For a Total Net Increase of$131,600 and a Revised Total Appropriation of $ 74,374,834 Article 8. Amend Water Enterprise Fund Appropriation for Fiscal Year 2009. UNANIMOUS VOTE TO "TAKE NO ACTION" to amend the vote taken on Article 11 Water Enterprise Fund Appropriation- Fiscal Year 2009 at the 2008 Annual Town Meeting. Article 9. Amend Sewer Enterprise Fund Appropriation for Fiscal Year 2009. UNANIMNOUS VOTE TO "TAKE NO ACTION" to amend the vote taken on Article 12 Water Enterprise Fund Appropriation- Fiscal Year 2009 at the 2008 Annual Town Meeting. Article 10. Amend Stevens Estate at Osgood Full Enterprise Fund Appropriation for Fiscal Year 2009. UNANIMOUS VOTE TO "TAKE NO ACTION" to amend the vote taken on Article 17 Stevens Estate at Osgood Hill Enterprise Fund Appropriation- Fiscal Year 2009 at the 2008 Annual Town Meeting. Article 11. Prior Years Unpaid Bills. UNANIMOUS VOTE to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of paying unpaid bills of prior years of the Town listed below: Prior Year Invoices FY08 Vendor Amount Department Comments Verizon 151.91 Police Dept Resolved past due bal.prey. yr Verizon 129.85 Police Dept Resolved past due bal.prey.yr Verizon 300.00 Police Dept Resolved past due bal. prev.yr Eagle Tribune 185.15 Library Invoice was overlooked NAPA 77.94 Sewer Invoice was overlooked General Auto Supply 1,011.51 Public Works Invoice was overlooked Eagle Tribune 396.76 Public Works Invoice was overlooked N A Police Details 320.00 Public Works Invoice was overlooked 2009 ANNUAL TOWN MEETING MINUTES Page 2 Eagle Tribune 198.38 Public Works Invoice was overlooked Cab Health/Recov. 1,000.00 School- Special Education Received late Catholic Charities 170.00 School- Special Education Received late Greater Law. Colab. 39,150.00 School- Special Education Duplicate bill-in error Greater Law. Colab. 1,820.00 School- Special Education Bill adjustment Melmark New Eng. 735.00 School- Special Education Received late Merrimack Ed. Cent. 1,038.10 School- Special Education Received late Schools for Children 9,087.36 School- Special Education Previous billing error Sign Language Inter. 142.00 School - Special Education Received late TransCanada 92.30 Electricity Received late TOTAL 56,006.26 Article 12. Amend Capital Improvement Plan Appropriations from Prior Years. UNANIMOUS VOTE that $130,000 is appropriated for the purpose of the Downtown Street and Sidewalk Improvements Project; that to meet this appropriation $130,000 shall be transferred from the following project, said amount representing excess bond proceeds not needed for the completion of the project: Project Date/Article Number Date of Bonds Old Center Roadway Project June 5, 2006(Article 24,Item 1) June 1, 2008 Article 13. General Fund Appropriation Fiscal Year 2010. MAJORITY VOTE to raise and appropriate funds for the fiscal year 2010 General Fund as follows: GENERAL GOVERNMENT 2,717,788 PUBLIC SAFETY 8,926,018 EDUCATION NORTH ANDOVER PUBLIC SCHOOLS 36,761,749 SNOW AND ICE REMOVAL 700,000 ALL OTHER PUBLIC WORKS 3,221,707 HEALTH AND HUMAN SERV ICES 896,826 CULTURE AND RECREATION 812,590 DEBT SERVICE 6,556,856 EMPLOYEE BENEFITS 10,519,500 LIABILITY INSURANCE 300,641 TRANSFERS (STEVENS ESTATE) 120,000 GREATER LAWRENCE TECHNICAL SCHOOL 259,239 SCHOOL BUILDING COMMITTEE 900 FOR A TOTAL APPROPRIATION OF $ 71,793,814 AND TO FURTHER TRANSFER TO THE GENERAL FUND FROM HEALTH FOOD CONSULTANT REVOLVING FUND $32,300 FROM HEALTH TRAFFIC ENFORCEMENT REVOLVING FUND $32,300 $64,599 2009 ANNUAL TOWN MEETING MINUTES Page 3 Transfer of Funds Into the Stabilization Fund. TWO-THIRD (2/3) VOTE DECLARED BY THE MODERATOR to transfer $905,000 into the Stabilization Fund; Article 15. Appropriation of Additional Funds for The Stevens Memorial Library—Fiscal Year 2010 Budget. UNANIMOUS VOTE TO "TAKE NO ACTION" on Article 15. Article 16. Funding for Public Building Development Master Plan. MAJORITY VOTE TO DEFEAT ARTICLE 16 to raise and appropriate $50,000 for the purpose of producing a Public Building Development Plan for the Town of North Andover. Article 17. Transfer Care, Custody and Control of the Bradstreet School at 70 Main Street to the Board of Selectmen. UNANIMOUS VOTE to transfer care, custody and control of the Bradstreet School at 70 Main Street to the Board of Selectmen pursuant to Massachusetts General Law, Chapter 40, Section 15A. Article 18. Water Enterprise Fund Appropriation-Fiscal Year 2010. UNANIMOUS VOTE that the Town appropriate the amount of$5,443,102, in aggregate, for the purpose listed under the column "FY 10 Recommendation: Town Manager/Board of Selectmen" without regards to individual line items, and to operate the Water Enterprise Fund, that $5,443,102 be raised from Water Receipts and from these receipts $623,712 be transferred to the General Fund for indirect expenses. WATER ENTERPRISE FY10 Recommendation Town Manager FY09 Department Board of Selectmen Budget Request Finance Committee Personnel 806,754 785,092 785,092 Expense 1,512,407 1,648,087 1,348,087 Debt Service 2,772,488 2,686,211 2,686,211 Sub-Total Direct Expenditures 5,091,649 5,119,390 4,819,390 Admin/Indirect 591,196 623,712 623,712 Total Water Enterprise 5,682,845 5,743,102 5,443,102 Article 19. Sewer Enterprise Fund Appropriation-Fiscal Year 2010. UNANIMOUS VOTE that the Town appropriate the amount of$4,570,253, in aggregate, for the purpose listed under the column "FY10 recommendation: Town Manager, Board of Selectmen, Finance Committee" without regards to individual line items, and to operate the Sewer Enterprise Fund, that $4,570,253 be raised from Sewer Receipts and from these receipts $383,783 be transferred to the General Fund for indirect expenses. 2009 ANNUAL TOWN MEETING MINUTES Page 4 SEWER ENTERPRISE FY10 Recommendation Town Manager FY09 Department Board of Selectmen Budget Request Finance Committee Personnel 407,272 394,887 394,887 Expense 269,000 339,800 282,450 GLSD Assessment 1,373,822 1,415,037 1,367,010 Settlement 56,000 56,000 56,000 Debt Service 2,094,114 2,086,123 2,086,123 Sub-Total Direct 4,200,208 4,291,847 4,186,470 Expenditures Admin/Indirect 348,894 383,783 383,783 Total Sewer Enterprise 4,549,102 4,675,630 4,570,253 Article 20. Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2010. UNANIMOUS VOTE that the Town appropriate the amount of $287,947 listed under the column "FY10 Recommended: Town Manager, Board of Selectmen, Finance Committee" and to operate the Stevens Estate at Osgood Hill Enterprise Fund that $287,947 be raised from Stevens Estate at Osgood Hill fund and from these receipts $46,460 be transferred to the General Fund for indirect expenses. STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FY10 Town Mgr, BOS, Finance Committee FY10 Recommendation S FY09 Departmen t Budget Request Personnel 160,944 99,700 102,930 Expense 287,300 143,263 138,557 Debt Service 0 0 0 Sub-Total Direct Expenditures 448,244 242,963 241,487 Admin/Indirect 64,176 46,460 46,460 Total Stevens Estate Enterprise 512,420 289,423 287,947 2009 ANNUAL TOWN MEETING MINUTES Page 5 Article 21. Authorization for the Town Manager to Enter Into a Management Agreement for the Stevens Estate at Osgood Hill In Excess of Three Years. MAJORITY VOTE to authorize the Town Manager, with the approval of at least four (4) members the Board of Selectmen, to enter into a Management Agreement in excess of three years for the management of the Stevens Estate at Osgood Hill. Article 22. Capital Improvement Plan Appropriation Fiscal Year 2010. VOTED BY TWO-THIRD VOTE DECLARED BY THE MODERATOR to fund the Town Capital Improvement Program as printed under Article 22 of the Warrant for the 2009 Annual Town Meeting under the heading"FY10 CIP Recommendations" with the following amendments: Add: Line 1A above the subheading "General Fund Total" Heading Modular Classrooms for the Town's Community School Programs",Fund Code: B/N-G, $545,000. Delete:Line 4 "Sewer Extension",Fund Code: B/N-S,$4,830,000 and to appropriate$2,171,324 for the listed projects in the amounts as follows: FY10 CIP Recommendations Line# Project Description Fund Code Town Mgr BOS Finance Committee Recommendations lA Modular Classrooms for Town's Community School Programs B/N-G $ 545,000 General Fund Total $ 545,000 1 Bear Hill Booster Pump Station B/N-W $ 1,250,000 2 Rosemont Booster Pump B/N-W $ 350,000 3 Equipment-4 WD Vehicle R/A-W $ 26,324 Water Enterprise Fund Total $ 1,626,324 Sewer Enterprise Fund Total $ - *Fund Codes spelled out below Funding Recommendation Code Totals Raise and Appropriate-General Fund R&A-G $ - 2009 ANNUAL TOWN MEETING MINUTES Page 6 Raise and Appropriate-Water Enterprise R&A-W $ 26,324 Raise and Appropriate-Sewer Enterprise R&A-S $ - Bonds/Notes-General Fund B/N-G $ 545,000 Bonds/Notes-Water Enterprise B/N-W $ 1,600,000 Bonds/Notes-Sewer Enterprise B/N-S $ - Total All Capital Projects $ 2,171,324 that to meet this appropriation: (1)$26,324 shall be raised and appropriated from the Water Enterprise Fund, (2)the Treasurer with the approval of the Board of Selectmen is authorized to borrow$1,901,022 under Chapter 44 of Massachusetts General Laws, (3)a portion of the appropriation for item IA above in the amount of$193,978 shall be funded with$193,978 that shall be transferred from the following project in the amount set forth below,said sum represents excess bond and note proceeds that is not needed for the project: Amount Project Date/Article Number $193,978 Franklin School Roof Replacement June/5/06(Article 24,item 7) and (4)a portion of the appropriation for item IA in the amount of$50,000 shall be funded with a grant in the amount of$50,000 received from the Merrimack College Education Fund Grant as approved by the School Committee. Article 23. Funding for School Department Phone System. VOTED-TWO-THIRD VOTE DECLARED BY THE MODERATOR that the School Committee is authorized to enter into a three year tax exempt lease purchase agreement in the amount of $204,000 to acquire a phone system with payments under the agreement to come from the School Department operating budget. Article 24. Appropriation of Funds for Modular School BuildinjZ(s). UNANIMOUS VOTE TO "TAKE NO ACTION" to appropriate funds from the Chapter 71, Section 71E revolving account for Community School Programs for the procurement of space to house Community School Programs, by lease or purchase of one or more modular buildings. Article 25. Authorization to Establish a Capital Improvement Fund at the Greater Lawrence Technical School. MAJORITY VOTE to authorize the Greater Lawrence Technical School District to establish a stabilization fund pursuant to Massachusetts General Law, Chapter 71, Section 16G ''/z. Article 26. Establishment of Revolving Funds. UNANIMOUS VOTE 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, 2009: Revolving Fund Accounts, Account Revolving Fund Authorized to Use of Funds Revenue Source FY 2010 Limit Number Spend 1. Youth Services Assistant All programs and Participants'fees, 2031213 Revolving Town Manager activities, Grants,Donations,and $ 250,000 2009 ANNUAL TOWN MEETING MINUTES Page 7 expense,part time related Fundraising help proceeds 2. Director-Division of Field Field rental fees, Field Public Works maintenance, Grants,Donations,and $ 10,000 2031210 Maintenance upgrade and related Fundraising related expenses proceeds 3. Elder Services Assistant Senior programs, Participants'fees, 2031217 -COA Town Manager classes and Grants,Donations,and $ 20,000 Revolving activities related Fundraising proceeds 4. Director- Clinic supplies Clinic participant fees, Health Dept Community and other related Grants,Donations,and $ 30,000 2031211 Revolving Development materials related Fundraising Division proceeds 5. Wheelabrator Director- Air quality Wheelabrator Host 2031204 Planning Community monitoring Community Agreement $ 35,000 Development Division 6. Director- Wheelabrator Community To enforce Trash Wheelabrator Host 2031205 Public Safety Development Truck regulations Community Agreement $ 20,000 Division 7. 2031206 Wheelabrator- Director- Protection of Wheelabrator Host $ 18,000 Health Community health,safety and Community Agreement Development monitoring the air Division quality 8. Food Consultant Health Dept- Director- fees and expenses 2031207 Food Inspections Community related to program Inspection Fees $ 20,000 Development Division 9. Septic Consultant Health Dept- Director- fees and expenses 2031208 Septic Inspections Community related to program Inspection Fees $ 30,000 Development Division 10 Stormwater Director- Review,test and Review Fees $ 50,000 Bylaw Community inspect Development Stormwater Division reports TOTAL $483,000 RevolvinFund Account Receipts and. Expenditures Account Revolving Balance FY08 FY08 Balance Receipts Expenditures Balance Number Fund 7/1/07 Receipts Expenditures 06/30/08 thru thru 03/31/09 03/31/09 1 2031213 Youth Services $ 276,884 $ 226,891 $ (228,447) $ 275,329 $ 85,938 $ (184,186) $ 177,081 'evolving 2 Field 2031210 Maintenance $ 18,411 $ 1,300 $ (3,253) $ 16,458 $ 6,100 $ (4,828) $ 17,731 2009 ANNUAL TOWN MEETING MINUTES Page 8 Elder Services 3 2031217 -COA $ 4,195 $ 12,417 S (15,985) $ $ 2,388 $ (232) $ 2,783 Revolving 627 4 Health Dept 2031211 Revolving $ 5,453 $ 30,558 $ (25,840) $ 10,170 $ 24,615 $ (18,841) $ 15,944 5 Wheelabrator 2031204 Planning $ 65,059 $ 25,000 $ (31,716) $ 58,343 $ 25,000 $ $ 68,850 14,492 6 Wheelabrator 2031205 Public Safety $ 70,032 $ 15,640 $ (15,873) $ $ 12,500 $ (6,298) $ 76,001 69,799 7 Wheelabrator- 2031206 Health $ 44,595 $ - S (20,529) $ 24,067 $ - $ (3,079) $ 20,988 8 Health Dept- 2031207 Food $ 56,991 $ 20,865 $ (10,366) $ 67,490 S 21,585 $ (7,154) $ 81,921 Inspection 9 Health Dept- 2031208 Septic $ 29,500 $ 21,710 $ (22,273) $ 28,937 $ 7,190 $ (14,732) $ 21,395 Inspections Article 27. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. MAJORITY VOTE to receive the report of the Community Preservation Committee and that the Town will raise and appropriate $1,189,652 from the Fiscal 2010 Community Preservation Fund Revenues in accordance with the provisions of Massachusetts General Laws Chapter 44B. List of Appropriations - Community Preservation Fund Description Amount Category Stevens Estate: Restoration of Gate $207,190 Historical Preservation House (Phase 2) Ridgewood Cemetery: Restoration of $107, 304 Historical Preservation historic structure and preservation of records, grave marks and landscape Machine Shop Village: Historical $95,000 Historical Preservation signage and streetscape refurbishment Grogan's Field Building: Restoration of $45,158 Historical Preservation former Johnson High athletic building Restoration of historical town records $15,000 Historical Preservation (Phase 4) Old Police Court: Refurbishment(Phase $15,000 Historical Preservation 2009 ANNUAL TOWN MEETING MINUTES Page 9 11) Hay Scales Building (Town Common); $5,000 Historical Preservation Engineering and historical structure review Bingham Way: $150,000 Affordable Housing Preservation/replacement of roof Fountain Drive: $25,000 Affordable Housing Preservation/replacement of walkways Principal and Interest expenses: $500,000 Open Space Protection Windrush Farm Administrative Costs $30,000 Administrative and Operating Expenses Total Appropriations $1,189,652 Community Preservation Committee Article 28. Acquisition of Land - 188 Acres (Windrush Farm-Lacy Street) Using Community Preservation Funds. MAJORITY VOTE that $2,500,000 be appropriated for the acquisition by purchase or eminent domain of a fee simple interest or lesser interest in a parcel of land of approximately 188 acres of land within the bounds of North Andover owned by any or all of the following: Marjorie V. Kittredge, the Kittredge Family Preservation Trust or the Trust for Public Land as shown on Assessor's Map 105A, Parcels 9, 10, 12, 14 and 16 and as also described in a deed recorded at North Essex District Registry of Deeds in Book 940, Page 382, and in Registered Land Certificate of Title Number 13845, Book 109, Page 129 and Registered Land Certificate of Title Number 5096, Book 34, Page 385, but excluding the property transferred by Marjorie V. Kittredge, Trustee, to Farm Therapeutic Equitation, Inc. by deed dated August 26, 2005 and recorded as Registered Land Document Number 90198, and expenses incidental and related thereto, to be managed and controlled by the Conservation Commission of the Town of North Andover in accordance with Massachusetts General Laws Chapter 40, Section 8C for conservation and passive recreation purposes; that to meet said appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $2,500,000 under Massachusetts General Laws Chapter 44 and/or 44B, the Community Preservation Act, or any other enabling authority; and that the Town Manager be authorized to file on behalf of the Town of North Andover any and all applications deemed necessary under the Self-Help Act (Massachusetts General Laws Chapter 132A, Section 11) or any other applications for funds in any way connected with the scope of this acquisition, and that the Town Manager, the Board of Selectmen, and the Conservation Commission be authorized to enter into all agreements and execute any and all instruments, including permanent deed or conservation restrictions, in accordance with Massachusetts General Laws Chapter 184, on terms and 2009 ANNUAL TOWN MEETING MINUTES Page 10 conditions they deem to be in the best interest of the Town and as may be necessary on behalf of the Town of North Andover to affect said purchase. Article 29. Accept Provisions of Massachusetts General Law, Chapter 32B Section 18A- Medicare Part B Enrollment. UNANIMOUS VOTE to accept the provisions of Massachusetts General Law, Chapter 32B Section 18A which allows a municipality to enroll retirees eligible for the federal Medicare Part B program without penalty. Article 30. Continuation of Massachusetts General Law Chapter 59 Section 5K— Senior Work Program. — UNANIMOUS VOTE 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$18,000. Article 31. Authorization to Charge Demand Fee for Delinquent Taxes. MAJORITY VOTE that the Town charge for each written demand issued by the collector a fee of $30.00 (thirty dollars) to be added to and collected as part of the tax as authorized by Massachusetts General Law Chapter 40, Section 15, effective as of July 1, 2009. Article 32. Amend Zoning Bylaw — Section 8.9 Wireless Service Facilities. Article 24 DEFEATED to amend the Zoning Bylaws, Section 8.9 Wireless Facilities Article 33. Amend Zoning Bylaw—Section 8.9 (2)—Wireless Service Facilities, Definitions- Preexisting Structure. VOTED to amend the Zoning Bylaw, Section 8.9 Wireless Facilities, subsections (2)(u) through (2)(aa) to add a definition for Pre-existing Structures. Subsection 8.9(2)(u) through 8.9(2)(aa) is to be amended by removing the text shown as stricken, and adding the text shown as underlined Section 8.9 Wireless Services Facilities 2) Definitions: (u) Preexistent Structure. For purposes of this § 8.9, preexistent structure shall refer to a lawfully existing structure on which a wireless service facility was actually located on December 11, 2000. Preexistent structure does not refer to a building (such as a home, school, church, or hospital) or other structure not used as a mount for a wireless service facilities or devices on December 11, 2000. (ter) (v) Radiofrequency (RF) Engineer. An engineer specializing in electric or microwave engineering, especially the study of radio frequencies. (-v) (w) Radiofrequency Radiation (RFR). The emissions from wireless service facilities as defined in the FCC Guidelines for Evaluating the 65 Environmental Effects of 2009 ANNUAL TOWN MEETING MINUTES Page 11 Radiofrequency Radiation (FCC Guideline) or any other applicable FCC guidelines and regulations. (w) (x) Security Barrier. A locked impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass. (x)(-,/) Separation. The distances between one array of antennas and another array. (y) (z) Utility. A system of wires or conductors and supporting structures that function in the transmission of electrical energy or communication services (both audio and video) between generating stations, sub-stations, and transmission lines or other utility services. (z4 as Wireless Service Facility. Facilities used for the principle purpose of commercial or public wireless communications uses, such as cellular telephone services, enhanced specialized mobile radio services, microwave communications, paging services and the like, as defined in Section 704 of the Federal Telecommunications Act of 1996, as amended. Such facilities shall include towers, antennae, antennae support structures, panels, dishes and accessory structures. (aa) (bb) Wireless Services. The three types of services regulated by this Bylaw: commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange services. ARTICLE 33 VOTE 127 YES NO 81 DEFEATED NO REQUIRED 2/3 VOTE Article 34. Authorization to Lease a Portion of Land of the Stevens Estate at Osgood Hill — 723 Osjjood Street - in Excess of Three Years for the Purpose of Allowing a Wireless Communications Facility to be Constructed at that Location. MAJORITY VOTE to authorize the Town Manager to enter into an agreement in excess of three years for the purpose of allowing a wireless communications facility to be constructed and to operate at that location upon vote of at least 4 (four) members of the Board of Selectmen. Article 35. Petition General Court ® Special Act ® Change in Liquor Quota-All Alcoholic Beverages for Package Stores- Virginia, Inc., d/b/a J&M Convenient Store & Deli located at 701 Salem Street. VOTED to Petition the Legislature to allow the North Andover Licensing Authority to override the provisions of Massachusetts General Law Chapter 138 Section (17) (Number of licenses quotas; licenses for wine and malt beverages per population unit; additional licenses; estimates of increased population; decrease in quota due to loss in population; determination of population city or town.) for the increase in the number of All Alcoholic Beverages Licenses for Package Stores by one (1) for Virginia, Inc., d/b/a J&M Convenient Store & Deli located at 701 Salem Street. YES 69 NO 32-ARTICLE PASSES VOTED MAY 13, 2009 Article 36. Placement of Non-Binding Ballot Question about form of North Andover Government on next Town Election Ballot. To see if the Town will vote to add to the next Town election ballot the following nonbinding public opinion advisory question: 2009 ANNUAL TOWN MEETING MINUTES Page 12 "Should the Town of North Andover replace Open Town Meeting with a Town Council with the provision that most Town Council decisions prior to being operative could be decided by a referendum vote, if a sufficient number of valid signatures is presented to the Town Clerk within the defined time period?" ARTICLE 36 DEFEATED VOTED MAY 13, 2009 Article 37. Circulation of Charter Revision or Adoption Petition. VOTED TO "TAKE NO ACTION" to allow the Charter Revision or Adoption Petition for the Town of North Andover to be circulated during Town Meeting and all public gatherings including but not limited to school committee and selectmen meetings. In addition it is requested that the Charter Revision or Adoption Petition for the Town of North Andover be prominently displayed and available for signatures at all town facilities, including but not limited to the North Andover Town Hall, North Andover Public Library, the Police and fire stations, Stevens Estate, Senior Center, and Herman Youth Center. VOTED MAY 13, 2009 Article 38. Instruction for Completion of the Charter Revision or Adoption Petition of the Town of North Andover. VOTED TO "TAKE NO ACTION" to instruct the Town Manager and the Board of Selectmen to take whatever means available to facilitate the completion of the Charter Revision or Adoption Petition for the Town of North Andover. It also requires that the Town Manager will report on the progress on a monthly basis. VOTED MAY 13, 2009 Article 39. Upholding of Duties in Bylaws. To see if the Town will vote in favor of reminding the Board of Selectmen, the Town Manager, the Planning Board, the Zoning Board of Appeals, the Zoning Enforcement Officer and Town Counsel of their sworn duty to consistently uphold and abide by the Zoning Bylaws of North Andover as dictated by town meeting AND to always act in defense of the public health, safety and welfare if all North Andover citizens as provided by such bylaws, to the fullest extent of the law, without personal or financial conflict of interest, or the appearance thereof. In essence, this means the town will not allow itself to be held hostage whenever there is a perceived threat of a lawsuit against their pending decisions... especially, when intimidated by large corporations. It also means that it is not the power of the Boards to change our bylaws...that power belongs to the voters at Town Meeting. The Selectmen are obligated to represent what the voters want, not what they, as individuals want, and to seek recourse which best reflects the expressed interests of those who elected them. Taken from the town's website: 2009 ANNUAL TOWN MEETING MINUTES Page 13 The mission of the Building Division is to ensure the health, safety and welfare of the Town's residents and visitors through the enforcement of the State and local laws, bylaws and regulations. The Building Division is charged with the enforcement of the State Building 730 CMR of the Acts of 1972 and Zoning Act, Massachusetts General Laws 40A and all other applicable laws and regulations including applicable sections of the North Andover Code. ARTICLE 39 DEFEATED VOTED MAY 13, 2009 Article 40. Amend Zoning Bylaw — Add New Section - Section 18 — Downtown Overlay District. TWO-THIRD (2/3) VOTE DECLARED BY THE MODERATOR to amend the North Andover Zoning Bylaw by adding a new section, Section 18 Downtown Overlay District to read as follows: This article seeks to add Section 18 to the North Andover Zoning Bylaw which will create a zoning overlay district for the downtown area. The downtown area is currently made up of four different zoning districts (General Business, R-4, R-5 and Industrial S), all of which allow different uses. The overlay will incorporate the uses from those four zones that are best suited for downtown. The proposed Downtown Overlay District combines several uses already allowed in the individual districts and allows the uses within the overlay. If an applicant chooses to take advantage of the overlay by developing their property with a use allowed in the overlay but not their particular district, they would be required to follow enhanced design guidelines set up to promote better development on Main Street and some adjacent streets. The new overlay does not take away or change any existing zoning downtown but adds an alternative choice for Main Street development. Section 18 Downtown Overlay District to read as follows: DOWNTOWN OVERLAY DISTRICT Section 18 18.0 Purpose. Downtown zoning is the creation of a specific zoning overlay district for the unique needs of small mixed use commercial areas; to provide goods, services and housing in a more compact environment; to encourage redevelopment; and, to create a vibrant, walkable, pedestrian- and bicycle-friendly environment. The Downtown Overlay District seeks to preserve and enhance the existing mixed uses of downtown North Andover. 2009 ANNUAL TOWN MEETING MINUTES Page 14 It is hereby declared to be the intent of the Downtown Overlay District to establish reasonable standards that permit and control mixed residential, commercial, governmental, institutional, and office uses in the Town of North Andover. Furthermore, it is the intent of this district to: 1. Encourage a diverse mix of residential, business, commercial, office, governmental, institutional and entertainment uses for workers, visitors, and residents. 2. Encourage mixed uses within the same structure. 3. Encourage first floor retail space 4. Encourage a pedestrian and bicycle friendly environment so that commercial enterprises and consumer services do not rely on automobile traffic to bring consumers into the area. 5. Permit uses that promote conversion of existing buildings in a manner that maintains and enhances the visual character and architectural scale of existing development within the district. 6. Minimize visual and functional conflicts between residential and nonresidential uses within and abutting the district. 7. Allow for more compact development than may be permitted in other zoning districts to reduce the impacts of sprawl. 8. Encourage consolidation of curb cuts for vehicular access and promote more efficient and economical parking facilities. 9. Encourage uses that minimize noise and congestion. 10. Allow for an appropriate density of land uses and people to support a vibrant downtown. This bylaw is intended to be used in conjunction with the existing zoning and other regulations as adopted by the town, including historic district regulations, design guidelines, and other local bylaws designed to encourage appropriate and consistent patterns of village development. 18.1 Location and Applicability The Downtown Overlay District shall consist of the area delineated on the Town's zoning map, but shall include the area along Main Street from Sutton Street to Merrimac Street; Water Street from the intersection with Main Street to High Street, including the mill buildings; portions of Waverley Road, First Street and Second Street; Ellis Court; School Street; Saunders Street; and Cleveland Street. Said area is described on the Town of North Andover Zoning Map as amended through Annual Town Meeting 2008. An application for the Downtown Overlay District shall be in accordance with the standards set forth in this section. An application for the Downtown Overlay shall be deemed to satisfy the requirements for Site Plan Review as described in Section 8.3. 18.2 Permitted Uses The following uses shall be permitted by right in the Downtown Overlay District: 1. General merchandise retail stores and salesrooms 2009 ANNUAL TOWN MEETING MINUTES Page 15 2. Specialty food stores, retail bakeries and coffees shops 3. Sporting goods stores 4. Craft,hobby, book and music stores 5. Art gallery 6. Hardware stores 7. Convenience stores 8. Drug stores,pharmacies 9. Banks 10. Professional offices 11. Medical or dental offices 12. Business services such as copying and mailing services 13. Travel agency 14. Municipal, civic or public service buildings, such as post office, telephone exchanges, town offices, school, library, museum, or place of worship 15. Hall, club, theater, or other place of amusement or assembly 16. Food services establishments such as full or limited service restaurants and drinking establishments 17. Indoor amusements 18. Bed and breakfast facility or inn with six (6)rooms or less 19. Multi-family dwelling 20. Mixed-use structures 21. Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. The following uses shall be permitted by special permit in the Downtown Overlay District: 1. Drive-thrus for any of the above allowed uses 2. Free-standing automated teller machine (ATM) 3. Day care center 4. Bed and breakfast facility or inn with more than six (6) rooms 5. Hotel or motel 6. Funeral homes 7. Any retail use listed above as an allowed use that exceeds a gross floor area of 25,000 sq. ft. 8. Public garage 18.3 Design Guidelines The Downtown Overlay District is an integral commercial center; it represents an important part of the Town's heritage and its character creates an identity for North Andover today. Compatible design helps to enhance the quality of life for all residents while strengthening the economic viability of the Downtown. The Downtown Overlay District Design Guidelines seek to encourage visual harmony and historic integrity, and encourage creative design solutions. The Design Guidelines do not dictate style, but rather suggest a variety of choices for achieving design compatibility within the Downtown Overlay District. The Design Guidelines can also 2009 ANNUAL TOWN MEETING MINUTES Page 16 help to protect the property values by encouraging improvements that maintain buildings as viable assets. The Design Guidelines apply only within the Downtown Overlay District and supplement the site and design criteria provisions of this Section. 18.3.1 Urban Design Features a. Alleys, parks or open spaces, patios, sidewalks and planting strips, outdoor seating areas for private commercial use b. Building type (for example townhouse, storefront retail) c. Signage 18.3.2 Architectural features for any work consisting of an increase in floor area through either the placement or construction of a new principal structure, a new accessory structure, an addition, alteration or rehabilitation to a principal or accessory structure, a conversion of one use type to another, or any new use or structure requiring a curb cut. a. Building facades (new and rehabilitation&repair) b. Exterior features c. Building height, setbacks and build-to-lines d. Roofs and rooftop features e. Exterior materials, doors and windows f. Exterior colors g. Signage, flags and banners h. Sign design standards as applicable and consistent with Section 6 of this Bylaw i. Exterior illumination 18.3.3 On-site and off-site improvements a. Fences and walls b. Patio, square, or plaza c. Landscaping with areas and plants noted d. Special pavement and sidewalk treatment e. Setbacks and sidewalk and utility easements £ Street and parking lot lighting g. Street furniture, trash containers,benches news racks, kiosks h. Parking standards including shared parking agreements i. Refuse storage and access j. Traffic circulation plan and street improvements as needed to relieve excessive congestion 18.4 Site and Design Criteria. 2009 ANNUAL TOWN MEETING MINUTES Page 17 The site and design criteria within this Section shall be applicable to all residential projects greater than three (3) units, mixed use and nonresidential property. 18.4.1 Site Access New curb cuts on existing public ways shall be minimized. To the extent feasible, access to businesses shall be provided through one of the following methods: (a) through a common driveway serving adjacent lots or premises or (b) through an existing side or rear street thus avoiding the principal thoroughfare. Garages doors or loading docks are prohibited on the front facade of any building facing the street. a. Curb cuts within two hundred (200) feet of intersections are subject to site plan review. b. Curb cuts greater than thirty (30) feet and driveway openings greater that twenty (20) feet are subject to a site plan review. Full width curb cuts are prohibited. 18.4.2 Parking Requirements The following criteria are included to ensure that new and renovated offstreet parking areas are constructed in accordance with the Downtown character and the provisions of this bylaw. a. Parking areas shall be located to the side and rear of the structure. Parking areas shall be designed such that parking is prohibited within the required front yard setback. b. Parking areas shall include provisions for the "parking" of bicycles in bicycle racks in locations that are safely segregated from automobile traffic and parking. For parking areas of ten (10) or more spaces, bicycle racks facilitating locking shall be provided to accommodate one (1) bicycle per twenty (20) parking spaces or fraction thereof. c. Where possible, parking areas shall be interconnected in a manner that allows the unobstructed flow of pedestrians between businesses and the parking areas. d. The applicant may reduce the number and/or the location of the required parking spaces as described in Section 8.1 of this Bylaw. Consideration may be given to the hours of usage of the proposed use/structure, hours of usage of other uses/structures within the Downtown Overlay District, amount of shared parking with other uses, as well as other relevant information to assist the granting authority in determining the need for additional parking for motor vehicles. Relief may be granted provided that it is demonstrated that the additional demand for such spaces can be reasonably met without placing an undue burden on existing facilities already relying on such spaces under the following conditions: i. Allow parking areas to be shared with adjoining businesses based upon having peak user demands at different times provided that all businesses sharing parking are located on the same lot. 2009 ANNUAL TOWN MEETING MINUTES Page 18 ii. On-street parking spaces within a radius of two hundred (200) feet may be counted as part of the required parking need. iii. Parking spaces on a separate lot or lots within a radius of six hundred (600) feet, measured from the lot line of the principal use, may be counted. e. Where such parking abuts a residential district, it shall not be located within less than five (5) feet of the lot line, and a wall or fence of solid appearance or a tight evergreen hedge having a height of no less than five (5) feet shall be erected and maintained between such area and the property in the residential district. 18.4.3 Pedestrian and Bicycle Circulation Provision for safe and convenient pedestrian access shall be incorporated into plans for new construction of buildings and parking areas, and should be designed in concert with landscaping plans noted below. New construction should improve pedestrian access to buildings, sidewalks and parking areas, and should be completed with consideration of safety, handicapped access and visual quality. Where appropriate, applicants are encouraged to provide pedestrian and/or bicycle paths connecting their site with abutting areas in order to promote pedestrian and bicycle circulation and safety. When parking is located in the rear, pedestrian access via a pedestrian- oriented alley or walkway through to the primary street is encouraged. 18.4.4 Landscaping and Appearance Appropriate landscaping and design shall be incorporated into new and expanded development within the district. Landscape design plans shall be prepared by a landscape architect, although the permitting authority may accept a plan prepared by someone other than a landscape architect if it believes the plan meets the design guidelines noted below and is in concert with the intent of this regulation. Landscape plans shall show the type, size and location of all proposed plantings. a. Side yards shall be screened or landscaped as follows: i. Where the distance between structures on adjacent lots is ten (10) feet or less the side yard shall be screened from public view by a solid fence or tight landscaping having a height of no less than five (5) feet. A chain link fence shall not be permitted. ii. Where the distance between structures is greater than ten (10) feet the space shall be appropriately landscaped. b. Large parking areas (e.g. greater than twenty (20) parking spaces) shall be separated by landscaped islands of at least eight (8) feet in width, or in the alternative shall devote at least five (5)percent of the interior of the parking lot to landscaping. In addition, a minimum of one (1) shade tree shall be planted for every six (6) parking spaces required or built, within appropriate locations on the 2009 ANNUAL TOWN MEETING MINUTES Page 19 lot(s). The plan shall show the location of plantings, including use of plantings to buffer neighboring properties, and along the street frontage and pedestrian ways. Trees planted within parking areas shall be planted in protected pervious plots of at least sixty (60) square feet of area. Parking areas shall be screened with trees or plantings at least three (3) feet in height. c. A minimum of one (1) shade tree shall be planted for every forty (40) feet of street frontage or fraction thereof Trees may be clustered and should be located between the sidewalk and the curb or in tree wells installed in the sidewalk. d. Streetscapes shall be accentuated with benches, planters, and other similar amenities to encourage pedestrian use. e. Any exterior lighting shall be directed downward to reduce glare onto adjacent properties. 18.5 Intensity of Use within the Downtown Overlay District. 18.5.1 Location and Distribution of Uses The ground floor of the front facade of a commercial building or a mixed use residential/commercial building shall be occupied by business uses only. When the rear fagade faces a parking area, the ground floor shall also be occupied by business uses only, including in the rear of buildings. 18.5.2 Height To accomplish the purposes of this Section, the Planning Board is authorized to grant a Special Permit to allow an increase in the height of structures either in existence, as reconstructed, or as new construction, so that the total height does not exceed forty-five (45) feet or three (3) stories within this overlay district. If any construction of a structure increases the intensity of use over what was previously in existence on the lot, the Planning Board shall allow this increase only upon a finding that the additional height is consistent with the scale of adjacent structures and is necessary to maintain the area's character. The Planning Board must further find that the relaxation of height limitations will not interfere or negatively impact abutting properties, particularly property used or zoned for single-family residential purposes. 18.5.3 Setback In keeping with the purpose of the Downtown Overlay District it is recognized that the areas have developed with distinct development patterns to match the traditional needs of the small lots and buildings that have made Downtown unique. Building setbacks within the overlay district may allow establishment of average setbacks so that redevelopment and new development will be in keeping with the existing streetscape layout. To accomplish the purposes of this Section, the Building Inspector is authorized to allow a calculation of front, side and rear setback standards for new or preexisting structures as follows: 2009 ANNUAL TOWN MEETING MINUTES Page 20 a. Front, side and rear building setbacks shall be calculated as follows: The maximum front and street-side building setback may not exceed the average front yard depth of the nearest two (2) lots on both sides of the subject lot or ten (10) feet, whichever is less. i. If one or more of the lots required to be included in the averaging calculation is vacant, such vacant lot(s) will be deemed to have a yard depth of zero feet. ii. Lots fronting a street other than the subject lot or separated from the subject lot by a street or alley may not be used in the computing average. iii. When the subject lot is a corner lot, the average setback will be computed on the basis of the two (2) adjacent lots that front on the same street as the subject lot. iv. When the subject lot abuts a corner lot fronting on the same street, the average setback will be computed on the basis of the abutting corner lot and the nearest two (2) lots that front on the same street as the subject lot. (e)It of th,,lols rvw3,o t+v -.I,icd in At vl 1.wn m v eAcF vx...wA lou,x'11 F Acc nW to 1 ni el k,wt 41 iccf. (t)1 ie1 d{fLw'enf s. [Fan[Fc fwtliit na I afW 1'Vo 1 vuLi,.of larLy a xlw cwt on ley nwdy not be usetl in ec wntru[ing,AFe nverage. 1 r (w) 4 xi Ilwv xi Ft cA 11!' ot is a -loe,111, aetk�r 1 will be cow fr d cu 11,b—io r. nl 1 tl e,V'CI I tont Cao I.�.snore. aw tlwe: i Iw'w'11oA.. {d)Whvn Ahoxi 1 (oA nl>ui ilv 1 .....k w 11 If,Al1 , ,lof , nur.. we x ll,o.frw.. u I ntw 1 vbj-tet lot. <:'nlc A.IaAinpc Yntlsnclvx a+P 1111 : I Ir,A 1o< y �...- ....wln of�n i ..) %rREFr s'rRe�r {5)'1'Fc[Il w"'.." "Ao file w,snAmun,lAAVA wai aAir<Yn 1 Ail AinF, .brw kv nplly C,Y A 1111--1 at I I,11Aing Y bx k f-'. i tlwe rt aAFi k i'nc i„oxdcr tv yw I �.I ucl 1.w4•+eic ,uai ,bniliin% e.A v tfi I[ al an.0 of 1 F c.uv 1 uvi n<n e,d ones <ot lox Y'u—,,C.oI oC Uwil ling fionfugc. 7 b. The following exceptions to the maximum front and street side building setbacks apply: i. A portion of the building may be set back from the maximum setback line in order to provide an articulated facade, window box, hanging sign, awning or marquee, or to accommodate a building entrance feature, provided that the total area of the space created must not exceed one (1) square foot for every linear foot of building frontage. ii. A building may be set back farther than the maximum setback in order to accommodate an outdoor eating area. In order to preserve the continuity of the streetwall, the building may be set back no more than twelve (12) feet from the front or street side property line or at least forty (40)percent of the building facade must be located at the maximum setback line. 2009 ANNUAL TOWN MEETING MINUTES Page 21 18.5.4 Orientation Buildings shall be oriented parallel with the front setback line to establish and preserve a consistent building line, with primary entrances oriented toward the street. The front fagade of a principal building shall face onto a public street and not towards a parking lot. 18.5.5 Articulation Large expanses of blank walls are prohibited. A single building with a width of more than sixty (60) feet facing a street line or a public or municipal parking area shall be divided visually into sub-elements which, where appropriate, express the functional diversity within the building. Major articulations shall be spaced no farther apart than twenty-five (25) percent of the building length at street level. The articulation of a facade on a building shall be continued on all sides visible from a public street or courtyard. 18.5.6 Transparency The intent of these transparency standards is to maintain a sense of visual continuity and provide interest for pedestrians by ensuring that the solid-to-void ratio (the percentage of glass to solid wall surface that is used on a building face) appears similar to that seen in traditional store fronts. a. A minimum of sixty (60) percent of the street-facing building fagade between two (2) feet and eight(8) feet in height must be comprised of clear windows that allow views of indoor nonresidential space or product display areas. b. The bottom edge of any window or product display window used to satisfy the transparency standard of paragraph (a) above may not be more than three (3) feet above the adjacent sidewalk. c. Product display windows used to satisfy these requirements must have a minimum height of four(4) feet and be internally lit. 18.5.7 Doors and Entrances 2009 ANNUAL TOWN MEETING MINUTES Page 22 a. Buildings must have a primary entrance door facing a public sidewalk. Entrances at building corners may be used to satisfy this requirement. b. Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses. c. The main business entrance to each ground floor business shall be accentuated by larger doors, signs,roof overhangs, hooded front door, canopy or similar means. d. Where a building has a street frontage greater than one hundred (100) feet, doors must be placed an average of one door every fifty(50) feet of frontage. 18.5.8 Utilities Underground utilities for new and redeveloped building may be required unless physically restricted or blocked by existing underground obstructions. 18.6 Special Permit Standards and Criteria In addition to the specific criteria regarding the grant of a special permit contained in Section 10.31 of this bylaw, the Planning Board shall issue a special permit only after consideration of the following: a. Impact on the neighborhood visual character, including architectural design, views and vistas; and b. Degree to which the proposed use will share an access driveway and/or parking with an adjacent use and avoids new curb cuts. VOTED MAY 13, 2009 Article 41. Amend Zoning Map —Downtown Overlay District. UNANIMOUS VOTE to amend the Zoning Map for the Town of North Andover to rezone the shaded area shown on the map entitled "Downtown Overlay District Map," as printed in the Annual Town Meeting Warrant, which map is on file with the Town Clerk. The specific boundaries of the "Downtown Overlay District" are the perimeters of the shaded areas as shown on said map, and that map shall be the official description of the Downtown Overlay District. The District is generally described as follows: The land beginning at a point on the easterly line of Main Street at the intersection of Sutton Street, thence running in a southerly direction along Main Street to the intersection of Water Street, including all land shown as shaded area on said map between Main Street and Sutton Pond. The land shown as shaded areas on said map with addresses on Saunders Street, Ellis Court and Cleveland Street. 2009 ANNUAL TOWN MEETING MINUTES Page 23 The land beginning at a point on the easterly side of Main Street at the intersection of Main Street and Water Street, thence running in a southerly direction along the easterly side of Water Street to the intersection of High Street, including the land shown as shaded area on said map between Water Street, Elm Street, High Street and the mill pond. All of the property known as the Davis and Furber Mill complex as shown on the map in the shaded area bounded on the west by Elm Street and situated between Water Street and High Street. The land beginning at a point on the westerly line of Main Street at the intersection of Sutton Street, thence running in a southerly direction along Main Street to the intersection of Waverly Road, including the land shown as shaded area on said map and designated as General Business on the current zoning map. The land beginning at a point on the southerly line of Waverly Road at the intersection of Main Street, thence running in a southerly direction along Main Street to the intersection of Second Street, including the land shown as shaded area on said map between Waverly Road, Second Street and Main Street. The land beginning at a point on the southerly line of Second Street at the intersection of Main Street, thence running in a southerly direction along Main Street for approximately 500-feet, including the land shown as shaded area on said plan bounded by Second Street and Main Street. The land shown as shaded area on said plan beginning at the intersection of Main Street and Water Street, along the southerly side of Water Street and the easterly side of Main Street. DOWTOWN OVERLAY DISTRICT MAP 'V,M-11 2009 ANNUAL TOWN MEETING MINUTES Page 24 VOTED MAY 13, 2009 Article 43. Amend North Andover Zoning Bylaw — Section 11.5 Planned Development District — Uses. UNANIMOUS VOTE to amend the Town of North Andover Zoning Bylaw, Section 11.5, in order to allow the Planning Board additional flexibility in determining the appropriate types, number, location and dimensions of signs to be permitted pursuant to a Planned Development District Special Permit. Amend Section 11.5 (Planned Development District—Uses)by adding the following language as the last Paragraph of said Section 11.5: Notwithstanding anything to the contrary in this Bylaw, an Applicant for a Planned Development District Special Permit may propose a sign master plan for the District which, if approved by the Planning Board, may allow for signage which deviates from the specific sign requirements of the Zoning Bylaw, including Section 6.6, provided that such signage would, in the opinion of the Planning Board, be consistent with the general purpose and intent of Section 11.2 (Purpose of Planned Development District); VOTED MAY 13, 2009 Article 44. Amend North Andover General Bylaw, New Chapter, Chapter 160, Stormwater Management & Erosion Control Bylaw. UNANIMOUS VOTE to amend the Town of North Andover General Bylaws by adding a new Chapter, Chapter 160, Stormwater Management& Erosion Control Bylaw. Chapter 160 to read as follows: Chapter 160 Stormwater Management &Erosion Control Bylaw 2009 ANNUAL TOWN MEETING MINUTES Page 25 160-1. Purpose A. Increased volumes of stormwater, contaminated stormwater runoff from impervious surfaces, and soil erosion and sedimentation are major causes o£ 1. impairment of water quality in lakes, ponds, streams, rivers, wetlands and groundwater. 2. decreased flow in lakes,ponds, streams, rivers, wetlands and groundwater; 3. contamination of drinking water supplies; 4. erosion of stream channels; 5. alteration or destruction of aquatic and wildlife habitat; 6. flooding; and, 7. overloading or clogging of municipal and private catch basins and storm drainage systems; and 8. flooding and erosion on abutting properties. The United States Environmental Protection Agency has identified sedimentation from land disturbance activities and polluted stormwater runoff from land development and redevelopment as major sources of water pollution, impacting drinking water supplies, natural habitats, and recreational resources. Regulation of activities that result in the disturbance of land and the creation of stormwater runoff is necessary for the protection of the Town of North Andover water bodies and groundwater resources, to safeguard the health, safety, and welfare of the general public and protect the natural resources of the Town. B. The objectives of this Bylaw are to: 1. Protect water resources; 2. Require practices that eliminate soil erosion and sedimentation; 3. Control the volume and rate of stormwater runoff resulting from land disturbance activities in order to minimize potential impacts of flooding; 4. Require practices to manage and treat stormwater runoff generated from new development and redevelopment; 5. Protect groundwater and surface water from degradation or depletion; 6. Promote infiltration and the recharge of groundwater; 7. Prevent pollutants from entering the municipal and private storm drain system; 8. Prevent flooding and erosion to abutting properties. 9. Ensure that soil erosion and sedimentation control measures and stormwater runoff management practices are incorporated into the site planning and design process and are implemented and maintained; 10. Ensure adequate long-term operation and maintenance of stormwater best management practices; 11. Require practices to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at construction sites that may cause adverse impacts to water quality; 12. Comply with state and federal statutes and regulations relating to stormwater discharges; and 2009 ANNUAL TOWN MEETING MINUTES Page 26 13. Establish the legal authority of the Town of North Andover to ensure compliance with the provisions of this Bylaw through inspection,monitoring and enforcement. 160-2 Definitions ABUTTER: The owner(s) of land abutting the land disturbance site. AGRICULTURE: The normal maintenance or improvement of land in agricultural or aquacultural use, as defined by the Massachusetts Wetlands Protection Act (M.G.L. c. 131 § 40) and its implementing regulations (3 10 CMR 10.00). ALTERATION OF DRAINAGE CHARACTERISTICS: Any activity on an area of land that changes the water quality, or the force, quantity, direction, timing or location of runoff flowing from the area. Such changes include, but are not limited to: change from distributed runoff to confined, concentrated discharge; change in the volume of runoff from the area; change in the peak rate of runoff from the area; and change in the recharge to groundwater on the area. APPLICANT: Shall be the owner of record of all of the land shown on any plan submitted for approval to the Planning Board in accordance with the Stormwater Management Bylaw and Regulations, any person or persons acting on behalf of the applicant for purposes of preparing and submitting plans and documents to the Planning Board, and may include engineers, surveyors, contractors or attorneys, and may also include any person or persons having an equitable interest in the land under an agreement or option to purchase the land. The owner shall certify in writing the identity of each applicant who is authorized to submit plans and/or documents and act on behalf of the owner. Without such certification an applicant shall not act on behalf of the owner. The applicant shall submit the title reference or references from the Essex County Registry of Deeds indicating the owner of record. All applications shall include original signatures of all owners. BEST MANAGEMENT PRACTICE (BMP): An activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff. CONSTRUCTION AND WASTE MATERIALS: Excess or discarded building or construction site materials that may adversely impact water quality, including but not limited to concrete truck washout, chemicals, litter and sanitary waste. CLEARING: Any activity that removes the vegetative surface cover and/or organic layer. Clearing activities generally include grubbing activity as defined below. DESIGN CRITERIA: Engineering design criteria as contained in the Stormwater Regulations authorized under this bylaw. 2009 ANNUAL TOWN MEETING MINUTES Page 27 DETENTION: The temporary storage of storm runoff, used to control the peak discharge rates, and which provides settling of pollutants. DEVELOPMENT: The modification of land to accommodate a new use or expansion of use, usually involving construction. DISTURBANCE OF LAND: Any action, including clearing and grubbing, that causes a change in the position, location, or arrangement of soil, sand, rock, gravel, or similar earth material. ENVIRONMENTAL SITE MONITOR: A Professional Engineer, or other trained professional approved by the Planning Board and retained by the holder of a Land Disturbance Permit to periodically inspect the work and report to the Planning Board. EROSION: The wearing away of the land surface by natural or artificial forces such as wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles. ESTIMATED HABITAT OF RARE WILDLIFE AND CERTIFIED VERNAL POOLS: Habitats delineated for state-protected rare wildlife and certified vernal pools for use with the Wetlands Protection Act Regulations (3 10 CMR 10.00) and the Forest Cutting Practices Act Regulations (304 CMR 11.00). GRADING: Changing the level or shape of the ground surface. GRUBBING: The act of clearing land surface by digging up roots and stumps. ILLICIT CONNECTION: A surface or subsurface drain or conveyance which allows an illicit discharge into the North Andover storm drain system, regardless of whether said connection was previously allowed, permitted or approved before the effective date of this Bylaw. ILLICIT DISCHARGE: Direct or indirect discharge to the North Andover storm drain system that is not composed entirely of stormwater, including without limitation sewage, process wastewater, or wash water, except as exempted in 160-4(D) of this Bylaw or in implementing regulations. IMPERVIOUS SURFACE: Any material or structure on or above the ground that limits water infiltrating the underlying soil. Impervious surface includes without limitation: roads, paved parking lots, sidewalks, sports courts and rooftops. Impervious surface also includes soils, gravel driveways, and similar surfaces with a runoff coefficient (Rational Method) greater than 85. 2009 ANNUAL TOWN MEETING MINUTES Page 28 LAND-DISTURBING ACTIVITY or LAND DISTURBANCE: Any activity, including clearing and grubbing, that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material. LAND-DISTURBANCE PERMIT: A permit issued by the Planning Board. LOT: An area of land in one ownership, with definite boundaries, used, or available for use, as the site of one or more buildings LOW IMPACT DEVELOPMENT (LID): An approach to environmentally friendly land use planning and stormwater management that includes a suite of landscaping and design techniques that attempt to maintain the natural, pre-developed ability of a site to manage rainfall. LID techniques typically preserve natural drainage characteristics and/or capture water on site, filter it through vegetation, and let it soak into the ground where it can recharge the local water table rather than becoming surface runoff. MASSACHUSETTS ENDANGERED SPECIES ACT: (M.G.L. c. 131A) and its implementing regulations at (321 CMR 10.00) which prohibit the "taking" of any rare plant or animal species listed as Endangered, Threatened, or of Special Concern. MASSACHUSETTS STORMWATER MANAGEMENT POLICY: The Policy issued by the Department of Environmental Protection, as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act MGL c. 131 s. 40 and the Massachusetts Clean Waters Act MGL c. 21, ss. 23-56. The Policy addresses stormwater impacts through implementation of performance standards to reduce or prevent pollutants from reaching water bodies and control the quantity of runoff from a site. MUNICIPAL STORM DRAIN SYSTEM or MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or manmade or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of North Andover. OPERATION AND MAINTENANCE PLAN: A plan developed by a Massachusetts licensed professional engineer (PE) describing the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to ensure that it continues to function as designed. OUTFALL: The point at which stormwater flows out from a discernible, confined point source or concentrated conveyance into waters of the Commonwealth. 2009 ANNUAL TOWN MEETING MINUTES Page 29 OUTSTANDING RESOURCE WATERS (ORWs): Waters designated by Massachusetts Department of Environmental Protection as ORWs. These waters have exceptional sociologic, recreational, ecological and/or aesthetic values and are subject to more stringent requirements under both the Massachusetts Water Quality Standards (314 CMR 4.00) and the Massachusetts Stormwater Management Standards. ORWs include vernal pools certified by the Natural Heritage Program of the Massachusetts Department of Fisheries and Wildlife and Environmental Law Enforcement, all Class A designated public water supplies with their bordering vegetated wetlands, and other waters specifically designated. OWNER: Shall be the owner of record of all the land shown on any plan submitted. The owner shall submit the title reference or references from the Essex County Registry of Deeds (or Registry District of the Land Court if the land constitutes registered land) indicating the owner of record. PERMITTEE: The person who holds a land disturbance permit and therefore bears the responsibilities and enjoys the privileges conferred thereby. PERSON: An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person. PLANNING BOARD: The designees authorized to implement all actions and procedures authorized by the Bylaw. The Planning Board may, by majority vote at a public meeting, delegate any of the responsibilities for the administration of this Bylaw to the Town Planner. POINT SOURCE: Any discernible, confined, and concentrated conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, concentrated fissure, or container from which pollutants are or may be discharged. PRE-CONSTRUCTION: All activity in preparation for construction. PRIORITY HABITAT OF RARE SPECIES: Habitats delineated for rare plant and animal populations protected pursuant to the Massachusetts Endangered Species Act and its regulations. PRIVATE STORM DRAIN SYSTEM or PRIVATE SEPARATE STORM SEWER SYSTEM: The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system that is not owned and maintained by the Town. 2009 ANNUAL TOWN MEETING MINUTES Page 30 RECHARGE: Addition of stormwater runoff to the groundwater by natural or artificial means. REDEVELOPMENT: Development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites. RESPONSIBLE PARTIES: The Applicant, Owner(s),persons with financial responsibility, and persons with operational responsibility. RETENTION: The holding of stormwater runoff in a basin without release except by means of evaporation, infiltration, or emergency bypass. RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface. SEDIMENT: Mineral or organic soil material that is transported by wind or water from its origin to another location; the product of erosion processes. SEDIMENTATION: The process or act of deposition of sediment. SITE: Any lot or parcel of land or area of property where land-disturbing activities are, were, or will be performed. SLOPE: The incline of a ground surface expressed as a ratio of horizontal distance to vertical distance. SOIL: Earth materials including duff, humic materials, sand, rock and gravel. STABILIZATION: The use, singly or in combination, of mechanical, structural, or vegetative methods, to prevent or retard erosion. STORMWATER: Stormwater runoff, snow melt runoff, surface water runoff and drainage. STORMWATER MANAGEMENT PLAN AND NARRATIVE: A document containing narrative, drawings and details prepared by a Massachusetts licensed qualified professional engineer (PE) which includes structural and non-structural best management practices to manage and treat stormwater runoff generated from regulated development activity. A stormwater management plan also includes an Operation and Maintenance Plan describing the maintenance requirements for structural best management practices. STRIP: Any activity which removes the vegetative ground surface cover, including tree removal, clearing, grubbing, and storage or removal of topsoil. 2009 ANNUAL TOWN MEETING MINUTES Page 31 TSS: Total Suspended Solids. Material, including but not limited to trash, debris, soils, sediment and sand suspended in stormwater runoff. VERNAL POOLS: Vernal pools are seasonally wet basin depressions that do not support breeding populations of fish,because of periodic drying. Vernal Pools serve as breeding sites for unique organisms and may be protected by state, local and federal laws. Specifically Vernal Pools are isolated depressions or closed basins which temporarily confine water during periods of high water table and high input from spring runoff or snowmelt or heavy precipitation, and support populations of non-transient microorganisms, serve as breeding habitat for select species of amphibians or contain a variety of wetland plant species. They serve as temporarily flooded amphibian breeding habitat, as well as habitat for other wildlife. These pools are characteristically small; they rarely exceed 150 feet in width, however a given pool may vary in size from year to year depending on the amount of rainfall or snowmelt. In the absence of those habitat functions, the areas will be considered isolated vegetated wetlands. The existence of either a confined basin depression; evidence of amphibian and/or reptiles species that breed only in vernal pools; the presence of fairy shrimp or their eggs; or documented presence of water in a confined basin depression for at least two continuous months in the spring and/or summer will verify the existence of a vernal pool. WATERCOURSE: A natural or man-made channel through which water flows, including a river, brook, or stream. WETLAND RESOURCE AREA: Areas specified in the Massachusetts Wetlands Protection Act M.G.L. c. 131, s.40 and Regulations promulgated thereunder and in the Town of North Andover Wetland Protection By-law and Regulations. Wetlands include: wet meadows, marshes, swamps, bogs, areas where groundwater, flowing or standing surface water or ice provide a significant part of the supporting substrate for a plant community for at least five months of the year; emergent and submergent communities in inland waters; that portion of any bank which touches any inland water. 160-3. Authority This Bylaw is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes, and pursuant to the regulations of the Federal Clean Water Act found at 40 CFR 122.34. 160-4 Applicability Except as permitted by the Planning Board in a land disturbance permit or as otherwise provided in this Bylaw, no person shall perform any land disturbance involving disturbance of 43,560 square feet or more of land. A. Regulated Activities. Regulated activities shall include: 2009 ANNUAL TOWN MEETING MINUTES Page 32 I. Land disturbance of 43,560 square feet or more of land associated with construction or reconstruction of structures, 2. Development or redevelopment involving multiple separate activities in discontinuous locations or on different schedules if the activities are part of a larger common plan of development that all together disturbs 43,560 square feet or more of land, 3. Paving or other change in surface material over an area of 43,560 square feet or more of land, 4. Construction of a new drainage system or alteration of an existing drainage system or conveyance draining an area of 43,560 square feet or more of land, 5. No person may create or maintain a direct connection or discharge to the MS4 without a Connection and Discharge Permit from the Department of Public Works. 6. Any other activity, on an area of land of 43,560 square feet or more, that changes the water quality, or the force, quantity, direction, timing or location of runoff flowing from the area. Such changes include, but are not limited to: change from distributed runoff to confined, concentrated discharge; change in the volume of runoff from the area; change in the peak rate of runoff from the area; and change in the recharge to groundwater on the area. 7. The Town of North Andover is not exempt from the provisions of this Bylaw. B. Exempt Activities. The following activities are exempt from the requirements of this Bylaw: 1. Normal maintenance and improvement of Town owned public or maintained ways and appurtenances to the public or maintained ways. 2. Normal maintenance and improvement of land in agricultural use. 3. Repair of septic systems when required by the Board of Health for the protection of public health. 4. Normal maintenance of currently existing landscaping, gardens or lawn areas associated with a single-family or two-family dwelling. 5. Activities for which the North Andover Conservation Commission and/or Massachusetts Department of Environmental Protection has issued an Order of Conditions under the Massachusetts Wetlands Protection Act M.G.L. c. 131, s.40 and Regulations promulgated thereunder and/or the Town of North Andover Wetland Protection By-law and Regulations. 6. Activities for which the North Andover Planning Board has issued an approval pursuant to a Special Permit (including Site Plan Review) as well as Definitive Subdivision Approval pursuant to the North Andover Planning Board Rules and Regulations Governing the Subdivision of Land. 7. Activities for which the North Andover Zoning Board of Appeals (ZBA) has issued a Comprehensive Permit pursuant to M.G.L Chapter 40B. 8. Any work or projects for which all necessary approvals and permits, including building permits, have been issued before the effective date of this Bylaw. 2009 ANNUAL TOWN MEETING MINUTES Page 33 C. Prohibited Activities. The following activities are prohibited under this Bylaw: i. Illicit Discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or non-stormwater discharge into the MS4, into a watercourse, or into the waters of the Commonwealth. ii. Illicit Connections. No person shall construct, use, allow maintain or continue any illicit connection to the Municipal Storm Drain System, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection. iii. Obstruction of Municipal Storm Drain System. No person shall obstruct or interfere with the normal flow of stormwater into or out of the municipal storm drain system without prior written approval from the Department of Public Works. D. Allowable Non-Stormwater Discharges. The following activities are allowed without the need for consultation with the Planning Board: 1. Discharge or flow resulting from fire fighting activities 2. Waterline flushing 3. Flow from potable water sources 4. Springs 5. Natural flow from riparian habitats and wetlands 6. Diverted stream flow 7. Rising groundwater 8. Uncontaminated groundwater infiltration as defined in CFR 35.2005(20), or uncontaminated pumped groundwater 9. Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air conditioning condensation 10. Discharge from landscape irrigation or lawn watering 11. Water from individual residential car washing 12. Discharge from dechlorinated swimming pool water (less than one ppm chlorine) provided the water is allowed to stand one week prior to draining and the pool is drained in such a way as not to cause a nuisance 13. Discharge from street sweeping 14. Dye testing, provided verbal notification is given to the Department of Public Works prior to the time of the test 15. Non-stormwater discharge permitted under a NPDES permit or a Surface Water Discharge permit or a Surface Water Discharge Permit, waiver, or waste discharge order administered under the authority of the United States Environmental Protection, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations; and 16. Discharge for which advanced written approval is received from the Department of Public Works as necessary to protect public health, safety, welfare or the environment. 160-5. Administration 2009 ANNUAL TOWN MEETING MINUTES Page 34 A. The primary authority for the administration, implementation, and enforcement of section 160-4 shall lie with the Planning Board. B. The Planning Board and its agents shall review all applications for a land disturbance permit, conduct inspections, issue a final permit and conduct any necessary enforcement action. C. If not already required by another permitting agency, the Planning Board may retain at the applicant's expense, independent consultants as needed to advise the Committee on any and all aspects of a specified project. The Planning Board will accept the findings of any previous outside environmental review. Independent consultants may include but are not limited to Registered Professional Engineers and Environmental Site Monitors. D. The Planning Board may adopt and periodically amend Stormwater Regulations relating to Land Disturbance Permits, exemption or waiver applications; permit terms or conditions, Design Criteria, additional definitions, enforcement, fees (including application, inspection, and/or consultant fees), or other procedures and administration of this Bylaw after conducting a public hearing to receive comments on any proposed revisions. Such hearing dates shall be advertised in a newspaper of general local circulation, at least fourteen (14) days before the hearing date, and a draft of the regulations proposed to be adopted shall be available to the public, including posting on the Town's website, by the date on which such advertisement is published in said newspaper. After public notice and hearing, the Planning Board may promulgate rules and regulations to effectuate the purposes of this Bylaw. Failure by the Planning Board to promulgate such rules and regulations shall not have the effect of suspending or invalidating this Bylaw. E. The Planning Board will refer to the policy, criteria and information including specifications and standards of the latest edition of the Massachusetts Stormwater Management Policy or with Design Criteria as described in North Andover's Subdivision Regulations, whichever is more stringent in the protection of the town's environmental and infrastructure resources, for execution of the provisions of this Bylaw. F. All meetings of the Planning Board are subject to the Open Meeting Law. Unless already reviewed by another permitting authority, a notice in the local newspaper of a hearing on the Land Disturbance Application and that the Planning Board is accepting comments on the Land Disturbance Application shall be published at the applicant's expense, at least five (5) business days before the hearing date. The Land Disturbance Application shall be available for inspection by the public during normal business hours at the Town offices. Comments may be submitted to the Planning Board during business hours at the Town offices. 2009 ANNUAL TOWN MEETING MINUTES Page 35 G. The Planning Board or its agent shall have the authority, with prior approval from the property owner, or pursuant to court process, to enter upon privately owned land for the purpose of performing their duties under this Bylaw. H. The Planning Board will accept the findings of any project previously review by Conservation or Planning for stormwater effects. I. The Planning Board may: i. Approve the Application and issue a permit if it finds that the proposed plan will protect water resources and meets the objectives and requirements of this Bylaw; ii. Approve the Application and issue a permit with conditions, modifications, requirements for operation and maintenance requirements of permanent structural BMPs, designation of responsible party, or restrictions that the Planning Board determines are required to ensure that the project will protect water resources and will meet the objectives and requirements of this Bylaw; or iii. Disapprove the application and deny a permit if it finds that the proposed plan fails to meet the objectives and requirements of this Bylaw and its Regulations. If the Planning Board finds that the applicant has submitted insufficient information to describe the site, the work, or the effect of the work on water quality and runoff volume, the Planning Board may disapprove the application, denying a permit. J. The Planning Board shall take final action on an Application within 60 days of receipt of a complete application. If, in the Planning Board's opinion, additional time or information is required for review, the Planning Board by written agreement of the applicant may continue a consideration of the request to a date certain announced at the meeting. K. Failure to take action within the time provided by this Bylaw shall be deemed to be approval of said application. Upon certification by the Town Clerk that the allowed time has passed without the Planning Board's action, the Land Disturbance Permit shall be issued by the Planning Board. L. Appeals of Action by the Planning Board. A written decision of the Planning Board shall be final when it is executed by the Planning Board or its chair or acting chair and filed in the Town Clerk's office. Further relief of a decision by the Planning Board made under this Bylaw shall be reviewable in the Superior Court or Land Court in accordance with applicable law. Appeal action shall be filed within 60 days of issuance in accordance with M.G.L. Ch 249 § 4. The remedies listed in this Bylaw are not exclusive of any other remedies available under any applicable federal, state or local law. No work shall commence until the applicable appeal period has passed with no appeal or if an appeal has been filed, the appeal has been finally resolved by adjudication or otherwise. M. All activity, exclusive of maintenance required in perpetuity, permitted by the Land Disturbance Permit must be completed within two years of permit issuance. Extensions 2009 ANNUAL TOWN MEETING MINUTES Page 36 of time can be granted by the Planning Board upon formal written request by the applicant. Upon the expiration of one year from the date of permit issuance if an extension has not been granted the permit shall be considered to be revoked. N. The Stormwater Management Permit shall be recorded at the Essex North District Registry of Deeds at the Applicant's expense and proof of recording provided to the Planning Board prior to the commencement of any work under the Permit. O. The Planning Board will issue a Certificate of Completion upon receipt and approval of final reports and documentation as outlined in the Regulations and/or upon otherwise determining that all work of the permit has been satisfactorily completed in accordance with this Bylaw. The Certificate of Completion shall be recorded at the Essex North District Registry of Deeds (or Registry of District of the Land Court, if registered land) at the applicant's expense and proof of recording provided to the Planning Board. 160-6. Permits & Procedures Permit Procedures and Requirements shall be defined and included as part of any rules and regulations promulgated as permitted under Section 5 of this Bylaw. 160-7. Fees The Planning Board shall establish fees, subject to approval of the Board of Selectmen, to cover expenses connected with application review and monitoring permit compliance. The fees shall be sufficient to cover Town secretarial staff and professional staff and any such other direct and indirect costs to the Town of processing and receiving the applications. Provided that a revolving fund is established by the Town in accordance with the provisions of M.G.L. Chapter 44, Section 530/2, the Planning Board is also authorized to collect fees from the applicant in amounts sufficient to pay a Registered Professional Engineer and such other professional consultants as the Planning Board requires to advise the Planning Board on any and all aspects of the project. The fees for such professional engineers and consultants shall be paid to the Town for deposit into the revolving fund. 160-8. Surety Unless otherwise posted with the town as a separate "site opening bond" specifically dedicated to the compliance with the intent of this by-law, the Planning Board may require the applicant to post before the start of land disturbance activity, a surety bond, or other acceptable security. The form of the bond shall be approved by the Planning Board, and be in an amount deemed sufficient by the Planning Board to insure that the work will be completed in accordance with the permit. If the project is phased, the Planning Board may release part of the bond as each phase is completed in compliance with the permit but the bond may not be fully released until the Planning Board has issued a certificate of completion. 2009 ANNUAL TOWN MEETING MINUTES Page 37 160-9. Waivers A. The Planning Board may waive strict compliance with any requirement of this by-law or the rules and regulations promulgated hereunder, where the activity: 1. Is allowed by federal, state or local statutes and/or regulations, or 2. Is in the public interest, and is not inconsistent with the purpose and intent of this bylaw and its regulations. B. Any applicant may submit a written request to be granted such a waiver at the time of submission. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that the activity is allowed by federal, state or local statutes and/or regulations or is in the public interest and is not inconsistent with the purpose and intent of this bylaw and its regulations. C. All waiver requests shall be discussed and a decision will be made at the time of final action by the Planning Board. D. If in the Planning Board's opinion, additional information is required for review of a waiver request; the Planning Board may continue a consideration of the waiver request to a date certain announced at the meeting. In the event the applicant fails to provide requested inforination, the waiver request shall be denied. Any additional time required by this request, will extend the dead line for issuance of a decision by the amount of time required to consider said request. 160-10. Enforcement A. The Planning Board or its authorized agent shall enforce this Bylaw, its regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations. B. Orders. The Planning Board or its authorized agent may issue a written order to enforce the provisions of this Bylaw or the regulations there under, which may include: 1. A requirement to cease and desist from the land-disturbing activity until there is compliance with the Bylaw or provisions of the land-disturbance permit; 2. Maintenance, installation or performance of additional erosion and sediment control measures; 3. Monitoring, analyses, and reporting; 4. Remediation of erosion and sedimentation resulting directly or indirectly from the land-disturbing activity; C. Compliance with the Operation and Maintenance Plan. 1. If the enforcing person determines that abatement or remediation of erosion and sedimentation is required, the order shall set forth a deadline by which such abatement or remediation must be completed. D. Fines. Unless already being fined for the same offense by some other town regulatory body, any person who violates any provision of this Bylaw, regulation, order or permit issued there under, shall be punished by a fine of$300.00. Each day or part thereof that such violation occurs or continues shall constitute a separate violation. 2009 ANNUAL TOWN MEETING MINUTES Page 38 E. Non-Criminal Disposition. As an alternative to criminal prosecution or civil action, the Planning Board may elect to utilize the non-criminal disposition procedure set forth in G.L. Ch. 40, §21D, which has been adopted by the Town, in which case the Planning Board or authorized agent shall be the enforcing person. The penalty for each violation shall be $300.00. Each day or part thereof that such violation occurs or continues shall constitute a separate violation. 11. Severability If any provision, paragraph, sentence, or clause of this Bylaw shall be held invalid for any reason, all other provisions shall continue in full force and effect. VOTED MAY 13, 2009 Article 50. Petition the Legislature - Exchange of Conservation Restriction — Boston Hill. UNANIMOUS VOTE 1) To authorize the Conservation Commission and the Board of Selectmen to amend a certain Conservation Restriction more particularly described in Paragraph 1(a) below, as follows: a) To release that certain parcel of land subject to the Conservation Restriction granted to the Town by Boston Hill Development, LLC on June 13, 2006, and recorded at the Essex North Registry of Deeds at Book 10282, Page 272 (the "Conservation Restriction") from the Conservation Restriction (the "Release"). The parcel of land subject to the Conservation Restriction is shown as ""Open Space Parcel `A"' above the title EXISTING CONSERVATION RESTRICTION (WITH PREVIOUSLY PROPOSED DEVELOPMENT) on the plan entitled PROPOSED MODIFICATION TO CONSERVATION RESTRICTION THE BOSTON HILL PREMISES NORTH ANDOVER, MA Prepared for: ELM DEVELOPMENT SERVICES, L.L.C. 200 NORTH MAIN STREET EAST LONGMEADOW, MA 01028, prepared by Marchionda & Associates, L.P., dated January 29, 2009 (the "Plan"). The parcel of land which is to be released from the Conservation Restriction pursuant to the Release contains approximately 18.74 acres. A copy of the Plan is attached hereto as Exhibit 1 and made a part hereof, and b) To accept the addition of a certain parcel of land to the Conservation Restriction (the "Addition") and to subject the Addition to the Conservation Restriction. The Addition is shown as "Open Space Parcel `A"' above the title "PROPOSED MODIFIED CONSERVATION RESTRICTION (WITH CURRENTLY PROPOSED DEVELOPMENT) on the Plan, and contains approximately 25.14 acres; and C) To make such other modifications to the Conservation Restriction as deemed necessary or advisable in the discretion of the Conservation Commission and the Board of Selectmen to accomplish the purposes of the amendment to the Conservation Restriction 2009 ANNUAL TOWN MEETING MINUTES Page 39 authorized hereby and/or as may be required by the Executive Office of Energy and Environmental Affairs. 2) To authorize the Conservation Commission and the Board of Selectmen to take all actions and to execute all documents as the Conservation Commission and/or the Board of Selectmen deems necessary or advisable in their sole discretion in order to carry out the purpose and intent of the amendment to the Conservation Restriction authorized hereby, including without limitation the execution of an amendment to the Conservation Restriction to accomplish the Release and the acceptance of the Addition. The necessity or appropriateness of each such document or action shall be conclusively evidenced by the execution and delivery or the taking thereof by the Conservation Commission and/or the Board of Selectmen; and 3) To authorize the Town to file a petition with the Massachusetts Legislature in order to obtain the Legislature's approval of the amendment to the Conservation Restriction authorized hereby, including without limitation the Release and the Addition. Copies of this amendment, the Conservation Restriction, and the plan referred to in this Article have been placed on file and are available for public review at the office of the Town Clerk; at the office of the Board of Selectmen; at the research desk of the North Andover Public Library; and on the Town website at www.townofnorthandover.com. CONSERVATION RESTRICTION-BOSTON HILL ell - 129W - � a / g_m _ 9 __ ROAR I]A RGIFLI NRNPINE) 2009 ANNUAL TOWN MEETING MINUTES Page 40 VOTED MAY 13, 2009 Article 51. Petition the Legislature— Amend North Andover Town Charter— Chapter 9- Section 6-1 — Notice of Public Hearing on (Operating Budget and) Capital Improvements Plan. VOTED to authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to amend the Town Charter of the Town of North Andover as follows: VOTED TO AMEND 9-6-1 OF THE NORTH ANDOVER TOWN CHARTER TO READ AS AMENDED (AMENDMENT UNDERLINED) AS FOLLOWS: The Finance Committee shall conduct at least one public hearing on the proposed budget and Capital Improvements Plan and shall issue printed recommendations, if said recommendations are available, and detailed explanations on all financial articles, including the Operating Budget and the Capital Improvements Plan in an Annual Finance Committee report, which shall be made available to all residents of the Town at least 21 days prior to the Annual Town Meeting at Town Hall, Stevens Memorial Library, the Town of North Andover web site and by request by e-mail and U.S. mail. Notice of availability shall be published in a newspaper of general circulation. Copies of the Annual Finance Committee Report shall also be made available at the Annual Town Meeting. In preparing its recommendations, the Committee may require the Town Manager, any town division, department, office, board, commission or committee to furnish it with appropriate financial reports and budgetary information. YES 50 NO 18-ARTICLE 51 PASSES VOTED MAY 13, 2009 Article 52. Petition the Legislature — Amend North Andover Town Charter — Chapter 9- Section 7-1 — (Outside Audit of Town Financial Records). UNANIMOUS VOTE TO "TAKE NO ACTION" to authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to amend the Town Charter of the Town of North Andover as follows: Chapter 9-7-1 now reads: At least ninety days before the end of the fiscal year, the Board of Selectmen shall retain a certified public accountant or accounting firm to conduct an audit of all accounts, books, records and financial transactions of every division, department, office, board, commission or committee of the town and to file its report within one hundred and twenty days after the end of the fiscal year. Amend Chapter 9-7-1 to read as follows: At least ninety days before the end of the fiscal year, the Board of Selectmen shall retain a certified public accountant or accounting firm as recommended by the Finance Committee to conduct an audit of all accounts, books, records and financial transactions of every division, department, office, board, commission or committee 2009 ANNUAL TOWN MEETING MINUTES Page 41 of the town and to file its report within one hundred and twenty days after the end of the fiscal year. VOTED MAY 13, 2009 Article 53. Petition the Legislature — Amend North Andover Town Charter — Chapter 4- Section 3-2-(L) —Duties (Town Manager). UNANIMOUS VOTE to authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to amend the Town Charter of the Town of North Andover as follows: Section 4-3-2-(1) now reads: (1) Distribute, or cause to be distributed, copies of the warrant and Finance Committee report for all town meetings to the residences of all registered voters. Amended to read: (1) Distribute, or cause to be distributed, copies of the warrant and Finance Committee report for all town meetings as prescribed in Chapter 9-6-1 of the Town Charter as amended. VOTED MAY 13, 2009 Article 54. Petition the Legislature— Amend North Andover Town Charter — Chapter 2-Section 6-2 — Simplified Rules of Procedure. UNANIMOUS VOTE to authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to amend the Town Charter of the Town of North Andover as follows: Chapter 2 Section 6-2 now reads: The Town Clerk shall make copies of the simplified rules available for distribution to those requesting them, to new voters at the time of registration, and to those in attendance at all sessions of the town meeting. Amended by deleting "to new voters at the time of registration" to read: The Town Clerk shall make copies of the simplified rules available for distribution to those requesting them and to those in attendance at all sessions of the town meeting. VOTED MAY 13, 2009 Article 55. Petition the Legislature— Amend North Andover Town Charter— Chapter 8- Section 5-5 — Recall of Elective Officers. UNANIMOUS VOTE to authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to amend the Town Charter of the Town of North Andover as follows: Chapter 8-5-5 now reads: If the petition shall be found and certified by the Town Clerk to be sufficient he shall submit the same with his certificate to the Board of Selectmen. The Board of Selectmen shall, within three working days, give written notice by registered mail of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter, order an election to be held on a date fixed by them not less than forty-five 2009 ANNUAL TOWN MEETING MINUTES Page 42 nor more than sixty days after the date of the Town Clerk's certificate that a sufficient petition has been filed; provided, however, that if any other town election is to occur within ninety days after the date of the certificate, the Board of Selectmen shall postpone the holding of the recall election to the date of such other election. Chapter 8-5-5 Amended to read: If the petition shall be found and certified by the Town Clerk to be sufficient he shall submit the same with his certificate to the Board of Selectmen. The Board of Selectmen shall, within three working days, give written notice by registered mail of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter, order an election to be held on a date fixed by them at least sixty-four (64) but not more than ninety (90) days after the date of the Town Clerk's certificate that a sufficient petition has been filed; provided, however, that if any other town election is to occur within ninety days after the date of the certificate, the Board of Selectmen shall postpone the holding of the recall election to the date of such other election. VOTED MAY 13, 2009 Article 56. Petition the Legislature— Amend North Andover Town Charter— Chapter 9- Section 8-1 —Limit on Spending. UNANIMOUS VOTE to authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to amend the Town Charter of the Town of North Andover as follows: Delete Chapter 9 Section 9-8-1 in its entirety which now reads: 9-8-1 In the final month of any fiscal year no division, department, commission, office, or agency may expend, except for amounts previously encumbered, more than one-twelfth of its annual appropriation unless such expenditures have been previously approved by the Finance Committee. VOTED MAY 13, 2009 2009 ANNUAL TOWN MEETING MINUTES Page 43