HomeMy WebLinkAboutAnnual Town Meeting Minutes 05.14.2008 TOWN CLERK
TOWN MEETING MINUTES
Town of North Andover
Annual Town Meeting
May 14, 2008
Checklists were used and 380 voters were present to open the meeting in the
North Andover High School Auditorium. Town Moderator Charles A. Salisbury called
the meeting to order at 7:11 PM. The meeting joined together in the Pledge of Allegiance
by Boy Scout Troop 82. Rev. Dr. Richard E. Haley, Senior Pastor, First Calvary Baptist
Church delivered the invocation. The members of Troop 82 were thanked for their
assistance to voters entering the meeting. The Moderator introduced the participants on
the stage to the audience. On motion of Mark J.T. Caggiano, Chairman of the Board of
Selectmen, seconded by Selectman Daniel P. Lanen, it was unanimously voted to
dispense with the reading of the warrant, and with the reading of the constable's return of
service of that warrant and further that the Moderator not be required to read articles of the
warrant verbatim,but be allowed to refer to articles by number and by subject matter.
The first session of the Annual Town Meeting was adjourned by unanimous vote on
Tuesday May 14, 2008 until Wednesday May 15, 2008 at the North Andover High School
Auditorium. The meeting reconvened on May 15, 2008 at 7:14PM by Charles A. Salisbury,
Town Moderator. There were 272 voters present to open the meeting. The 2008 Annual
Town Meeting dissolved on Wednesday May 15, 2008 on motion of Thomas Licciardello,
Seconded by Selectman Mark J.T. Caggiano by unanimous vote at 11:l OPM.
Agreeable to a warrant signed by the Board of Selectmen, the inhabitants of the
Town of North Andover, who are qualified to vote in Town affairs, met at the North
Andover High School Auditorium on Tuesday May 14, 2008, at 7:00 PM, then and there
to act upon the following articles:
Article 1. Reports of Special Committees. VOTED to receive the report of the
Wireless Bylaw Committee and further to reconstitute the committee as a seven-member
committee appointed by the Community Development Director and consisting of a
member, or their designee, from the Planning Board, Board of Appeals, Community
Development Director, and four residents. The report of the committee follows:
Report of the Wireless Bylaw Review Committee
The Wireless Bylaw Review Committee met 17 times over the past seven months. The
committee gathered information from several different communities and began to
compile a draft bylaw. Because of the bylaw complexity, a final bylaw has not been
completed. A final bylaw is expected to be produced for the next town meeting.
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
The vote at the 2007 Annual Town Meeting was to establish a committee made up of
eleven members, consisting of the following individuals and appointed by the
Community Development Director:
Resident with expertise on electromagnetic&wireless transmissions
Community Development Director
Resident with legal expertise & knowledge of telecommunications industry
Member of Planning Board
Member of Zoning Board of Appeals
Member of Board of Selectmen committed to exploring this issue
Resident affiliated with the state Dept. of Telecommunications & Energy
Resident familiar with the health and safety aspects
Steven Tryder
Citizen at large with strong interest and experience with this issue
Member of the Board of Health
It was difficult to meet those specific requirements and fill all of the positions;
mostly three to five individuals attended the committee meetings. Therefore, it is
recommended that Town Meeting reconstitute the committee as a seven-member
committee appointed by the Community Development Director and consisting of a
member, or their designee, from the Planning Board, Board of Appeals, Community
Development Director, and four residents.
When it is necessary, the committee will bring in experts from the field of
wireless communications to assist in reviewing and finalizing the proposed wireless
bylaw.
Board of Selectmen
VOTED MAY 13, 2008
YES 137 NO111
Article 2. Reports of Receipts and Expenditures. UNANIMOUSLY VOTED to
accept the reports of receipts and expenditures as presented by the Selectmen in the 2007
Annual Town Report.
Board of Selectmen
VOTED MAY 13, 2008
Article 3. Authorization of the Town Manager or Superintendent of Schools
Regarding Contracts in Excess of Three Years. To see if the Town will vote, in
accordance with the provisions of Massachusetts General Laws Chapter 30B, Section
12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and
award contracts, except personnel contracts, for terms exceeding three years, including
any renewal, extension or option, provided in each instance the longer term is determined
to be in the best interest of the Town by vote of the Board of Selectmen or the School
Committee, as appropriate;
Board of Selectmen
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
ARTICLE 3 -DEFEATED
VOTED MAY 13, 2008
Article 4. Authorization to Accept Grants of Easements. UNANIMOUSLY
VOTED 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.
Board of Selectmen
VOTED MAY 13, 2008
Article 5. Authorization to Grant Easements. UNANIMOUSLY VOTED 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.
Board of Selectmen
VOTED MAY 13, 2008
Article 6. Compensation of Elected Officials. UNANIMOUSLY VOTED 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
Board of Selectmen
VOTED MAY 13, 2008
Article 7. Amend General Fund Appropriation For Fiscal Year 2008.
UNANIMOUSLY VOTED to amend the General Fund Appropriation for Fiscal Year
2008 as voted under Article 11 of the May 14, 2007 Annual Town Meeting as
follows:
Decrease General Government by $7,129 for a revised total of$2,527,094
Decrease Public Safety by $44,492 for a revised total of$8,578,297
Increase Snow and Ice by $527,386 for a revised total of$1,212,916
Decrease All Other Public Works by $140,931 for a revised total of$3,139,867
Decrease Health and Human Services by $34,648 for a revised total of$814,016
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
Decrease Culture and Recreation by $ 29,268 for a revised total of$771.792
Decrease Employee Benefits by $ 85,546 for a revised total of$11,155,961
Decrease Liability Insurance by$185,372 for a revised total of$314,447
Beginning Amendment under Article
FY08 Adopted Budget Changes Revised Total
General Government $2,534,223 $ (7,129) $ 2,527,094
Public Safety $8,622,789 $(44,492) $ 8,578,297
North Andover Schools $35,278,496 - $35,278,496
Greater Lawrence
Technical School $268,022 - $ 268,022
School Building Committee $22,000 - $ 22,000
Snow&Ice Removal $ 685,530 $527,386 $ 1,212,916
All Other Public Works $3,280,798 $(140,931) $ 3,139,867
Health and Human Services $848,664 $(34,648) $ 814,016
Culture and Recreation $801,060 $(29,268) $ 771,792
Debt Service $8,776,755 - $ 8,776,755
Employee Benefits $11,241,507 $(85,546) $ 11,155,961
Liability Insurance $499,819 $(185,372) $ 314,447
Capital and Reserves - - -
Total Town Meeting
Appropriation $72,859,663 $0 $ 72,859,663
Board of Selectmen
VOTED MAY 13, 2008
Article 8. Amend Capital Improvement Plan Appropriation for Fiscal Year 2003-
Stevens Estate. UNANIMOUSLY VOTED that the vote of the Town passed under
Article 11 of the May 13, 2002 Annual Town Meeting is hereby amended to reduce the
amount of the appropriation for Item 26 "Landscape Ph III", from $40,000 to $25,000
and to increase the amount of the appropriation for Item 27 " Building and Grounds
Improvement", from $150,000 to $165,000; and that the vote passed under Article 11 is
otherwise hereby confirmed as so passed.
Board of Selectmen
VOTED MAY 13, 2008
Article 9. Prior Years Unpaid Bills. UNANIMOUSLY VOTED to authorize
the payment of the following prior year unpaid bills listed below:
Prior Year Invoices
FY07
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
Vendor Amount Department
Andover Electric Services 990.00 Stevens Estate
Verizon 29.89 School Department
Verizon 28.24 School Department
RC Mills 543.89 School Department
Balfour 20.00 School Department
Marion Mako 145.80 School Department
Arist Frangules 50.00 School Department
Nextel 473.50 School Department
$ 2,281.32
Board of Selectmen
VOTED MAY 13, 2008
Article 10. General Fund Appropriation - Fiscal Year 2009. VOTED BY
MAJORITY VOTE to appropriate funds for the Fiscal Year 2009 General Fund as
follows:
GENERAL GOVERNMENT $ 29649,879
PUBLIC SAFETY $ 89736,699
NA SCHOOL $ 36,395,338
SNOW AND ICE REMOVAL $ 685,530
ALL OTHER PUBLIC WORKS $ 3,328,371
HEALTH AND HUMAN SERVICES $ 891,304
CULTURE AND RECREATION $ 822,057
DEBT SERVICE $ 8,373,113
EMPLOYEE BENEFITS $ 11,734,496
GREATER LAWRENCE
TECHNICAL SCHOOL $ 264,447
SCHOOL BUILDING COMMITTEE $ 12,000
LIABILITY INSURANCE $ 350,000
FOR A TOTAL APPROPRIATION OF $ 74,243,234
AND TO FURTHER TRANSFER TO THE GENERAL FUND
FROM FREE CASH $ 983,278
FROM OVERLAY SURPLUS $ 300,000
$ 1,283,278
Board of Selectmen
VOTED MAY 139 2008
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
Article 11. Water Enterprise Fund Appropriation - Fiscal Year 2009.
UNANIMOUSLY VOTED that the Town appropriate the amount of $5,609,845, in
aggregate, for the purpose listed under the column "FY09 Recommendation: Town
Manager, Board of Selectmen, Finance Committee" without regards to individual line
items, and to operate the Water Enterprise Fund, that $5,609,845 be raised from Water
receipts and from these receipts $591,196 be transferred to the General Fund for indirect
expenses.
WATER ENTERPRISE
FY09
Recommendation
Town Manager
FY08 Department Board of
Selectmen
Budget Request Finance
Committee
Personnel 753,856 806,754 806,754
Expense 1,312,578 1,490,050 1,404,000
Debt Service 2,796,671 2,836,260 2,807,895
Sub-Total Direct 4,863,105 5,133,064 5,018,649
Expenditures
Admin/Indirect 560,462 577,276 591,196
Total Water Enterprise 5,423,567 5,710,340 5,609,845
Board of Selectmen
VOTED MAY 13, 2008
Article 12. Sewer Enterprise Fund Appropriation - Fiscal Year 2009.
UNANIMOUSLY VOTED that the Town appropriate the amount of $4,549,102, in
aggregate, for the purpose listed under the column "FY09 Recommendation: Town
Manager, Board of Selectmen, Finance Committee" without regards to individual line
items, and to operate the Sewer Enterprise Fund, that $4,214,544 be raised from sewer
receipts and from these receipts $348,894 be transferred to the General Fund for indirect
expenses and that $334,558 be transferred from Sewer Enterprise Fund retained earnings.
SEWER ENTERPRISE
FY09
Recommendation
Town Manager
FY08 Department Board of
Selectmen
Budget Request Finance
Committee
Personnel 372,928 407,272 407,272
Expense 256,477 296,400 265,000
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
GLSD Assessment 1,320,613 1,373,822 1,373,822
Settlement 56,000 56,000 56,000
Debt Service 1,871,507 2,229,208 2,098,114
Sub-Total Direct Expenditures 3,877,525 4,362,702 4,200,208
Admin/Indirect 299,238 308,215 348,894
Total Sewer Enterprise 4,176,763 4,670,917 4,549,102
Board of Selectmen
VOTED MAY 13, 2008
Article 13. Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal
Year 2009. UNANIMOUSLY VOTED that the Town appropriate the amount of
$512,420 listed under the column "FY09 Recommended: Town Manager, Board of
Selectmen, Finance Committee" and to operate the Stevens Estate at Osgood Hill
Enterprise Fund that $512,420 be raised from Stevens Estate at Osgood Hill Fund and
from these receipts $64,176 be transferred to the General Fund for indirect expenses.
STEVENSESTATE
AT OSGOOD HILL
ENTERPRISE
FY09 FY09
Recommendation Town Mgr,BOS,
Finance
Committee
FY09 Town Manager Recommendations
FY08 Department
Budget Request
Personnel 186,200 145,207 84,000 150,744
Expense 262,409 214,600 150,203 297,500
Debt Service 0 0 0 0
Sub-Total Direct 448,609 359,807 234,203 448,244
Expenditures
Admin/Indirect 71,391 73,533 64,176 64,176
Total Stevens Estate 520,000 433,340 298,379 512,420
Enterprise
Board of Selectmen
VOTED MAY 13, 2008
ARTICLE 14. CAPITAL IMPROVEMENT PLAN APPROPRIATION FISCAL
YEAR 2008.
VOTED BY 2/3 (TWO-THIRD) VOTE DECLARED BY THE
MODERATOR to fund the Town Capital Improvement Program as printed under
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
Article 14 of the Warrant for the 2008 Annual Town Meeting under the heading
"FY 2009 CIP Recommendations" with the following amendments:
Amend Line #2, "Roadway (Unaccepted) Improvements" to read "Roadway
(Unaccepted) Improvements (Autran Ave)";
Delete Line 2, "Roadway (Unaccepted) Improvements (Autran Ave)" in the
amount of$495,000;
Decrease Line 8, "Student Management Software" by the amount of$75,000
for a revised total of$75,000;
Delete Line 10, "Relocation Main Street Fire Station" in the amount of
$400,000;
Amend Line 12, "System Re-Engineering" to read "Computer System Re-
engineering";
FY09 CIP
And to appropriate $2,922,600 for the listed projects in the amounts as follows:
Line# Project Description Fund Code Town Managers Recommendations
1 Sidewalk Reconstruction B/N-G $ 50,000
2 Roadway (Unaccepted)
Improvements B/N-G $ 325,000
3 Sidewalk Construction B/N-G $ 122,200
4 10 Wheel Dump Truck B/N-G $ 158,000
5 Tractor B/N-G $ 33,000
6 Tractor, Multi Purpose B/N-G $ 141,000
7 Network Connection Upgrade B/N-G $ 31,400
8 Student Management Software B/N-G $ 75,000
9 Fire Arms Replacement B/N-G $ 54,000
11 Electronic EMS Reporting System B/N-G $ 50,000
12 Computer System Re-engineering B/N-G $ 185,000
General Fund Total $ 1,224,600
13 Truck/Compressor R/A-W $ 38,000
14 Pick up Truck R/A-W $ 35,000
15 Water Main Rehab B/N-W $ 550,000
16 Foxwood Booster Pumping B/N-W $ 325,000
Water Enterprise Fund Total $ 948,000
17 East Side Trunk Sewer B/N-S $ 750,000
R/A-S $ -
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
Sewer Enterprise Fund Total $ 750,000
* Fund Codes spelled out below
Funding Recommendation Code Totals
Raise and Appropriate - General Fund R&A-G $ -
Raise and Appropriate - Water Enterprise R&A-W $ 73,000
Raise and Appropriate - Sewer Enterprise R&A-S $ -
Bonds/Notes - General Fund B/N-G $ 1,224,600
Bonds/Notes - Water Enterprise B/N-W $ 875,000
Bonds/Notes - Sewer Enterprise B/N-S $ 750,000
Total All Capital Projects $ 2,922,600
AND FURTHER:
that to meet this appropriation: (1) $73,000 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 $2,417,536.66 under Chapter 44 of the
Massachusetts General Laws, (3) a portion of the appropriation for item 4 above in
the amount of $17,848.80 shall be funded with $17,848.80 that shall be transferred
from the following project in the amount set forth below, said sum representing an
amount raised and appropriated from the tax levy for the project that is not needed
for the project:
Amount Project Date/Article Number
$17,848.80 Safety Vehicle 5/13/00 (Art. 14, item 14)
and (4) a portion of the appropriation for item 4 above in the amount of$89,214.54
shall be funded with the transfers from the following projects in the amounts set
forth below, said sums representing excess bond and note proceeds not needed for
the completion of the respective project:
Amount Project Date/Article Number Date of Bonds
$ 37.10 Animal Control Van 5/10/04 (Art. 11, item 14) 6/15/05
$ 1,106.74 DPW Equipment 5/4/93 (Art. 7, item 20) 9/1/98
$ 21.76 ADA Sidewalks 11/14/95 (Art. 5) 1/15/97
$ 277.00 Tractor 5/14/01 (Art. 8, item 10) 4/1/02
$ 8,719.64 Front End Loader 5/14/01 (Art. 8, item 10) 4/1/02
$10,685.35 Gang Mower 5/13/02 (Art. 11, item 15) 10/1/03
$ 75.12 Sweeper 5/13/02 (Art. 11, item 18) 10/1/03
$ 2,904.00 Dump Truck 5/12/03 (Art. 13, item 12) 7/1/05
$ 6,972.10 Roadways 5/12/03 (Art. 13, item 11) 7/1/05
$ 1,826.25 Dump Truck 5/12/03 (Art. 13, item 12) 7/l/05
$ 75.00 Skyworker 5/12/03 (Art. 13, item 13) 7/1/05
$ 565.00 Dump Truck 5/10/04 (Art. 11, item 2) 6/15/05
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
$ 565.00 Dump Truck 5/10/04 (Art. 11, item 3) 6/15/05
$ 405.00 1-Ton Pick Up 5/10/04 (Art. 11, item 4) 6/15/05
$ 476.55 2-Ton Pick Up 5/10/04 (Art. 11, item 5) 6/15/05
$ 1,670.88 Tractor 2007 6/5/06 (Art. 24, item 11) 6/19/07
$49,716.05 Front End Loader 6/5/06 (Art. 24, item 12) 6/19/07
$ 3,116.00 1-Ton Pick Up 2007 6/5/06 (Art. 24, item 10) 6/19/07
Amended to delete the second amendment noted above which states "Delete Line 2,
"Roadway (Unaccepted) Improvements (Autran Ave)" in the amount of $495,000;
and to increase the appropriation authorized pursuant to such vote to the amount of
$2,922,600 and to increase the amount of borrowing authorized pursuant to such
vote to the amount of $2,742,536.66, the effect of which is to authorize an
appropriation and borrowing in the amount of $325,000 for the Roadway
(Unaccepted) Improvements (Autran Ave)project.
Board of Selectmen
VOTED MAY 139 2008
Article 15. Establishment of Revolving Funds. UNANIMOUSLY VOTED to
authorize the following revolving funds for certain Town departments under
Massachusetts General Laws, Chapter 44, Section 53E '/2 for the Fiscal Year beginning
July 1, 2008;
Devolving Fund Accounts
Account Revolving Authorized Use of Funds Revenue FY 2009
Number Fund to Spend Source Limit
1 2031213 Youth Assistant All programs and Participants' $ 250,000
Services Town activities, fees,
Revolving Manager expense,part time Grants,Donatio
help ns and related
Fund-raising
proceeds
2 2031210 Field Director Field Field rental
Maintenance Division of maintenance, fees, $ 10,000
Public Works upgrade and Grants,Donatio
related expenses ns and related
Fund-raising
proceeds
Participants'
3 2031217 Elder Services Assistant Senior programs, fees,
COA Town classes and Grants,Donatio $ 20,000
Revolving Manager activities ns and related
Fund-raising
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
proceeds
Clinic
4. 2031211 Health Dept Director Clinic supplies participant
Revolving Community and other related fees,Grants,
Development materials Donations, and $ 30,000
Division related Fund-
raising proceeds
Director
5. 2031204 Wheelabrator Community Air quality Wheelabrator
Planning Development monitoring Host $ 35,000
Division Community
Agreement
Director
6. 2031205 Wheelabrator Community To enforce Trash Wheelabrator
Public Safety Development Truck regulations Host $ 20,000
Division Community
Agreement
Director
7. 2031206 Wheelabrator Community Protection of Wheelabrator
Health Development health, safety and Host $ 24,066
Division monitoring the air Community
quality Agreement
Director
8. 2031207 Health Dept Community Food Consultant
Food Development fees and expenses Inspection Fees $ 20,000
Inspections Division related to
progra
Director
9. 2031208 Health Dept- Community Septic Consultant Inspection Fees $ 40,000
Septic Development fees and expenses
Inspections Division related to
progr
Total: $449,066
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
Revolving Fund Account Receipts and Expenditures
Account Revolving Balance FY07 FY07 Balance Receipts Balance
Number Fund 7/1/06 Receipts Expenditures 06/30/07 thru Expenditure
3/17/08 s thru
3/17/08
1 2031213 Youth $ 266,020 $ 237,575 $ (226,711) $276,884 $ 59,246 $ (176,528) $ 159,603
Services
Revolving
2 2031210 Field $ 26,750 $ 200 $ (8,540) $ 18,411 $ 500 $ - $ 18,911
Maintenance
3 2031217 Elder Services $ 1,938 $ 17,270 $ (15,013) $ 4,195 $ 8,894 $ (11,686) $ 1,403
- COA
Revolving
4 2031211 Health Dept $ 11,162 $ 23,633 $ (29,342) $ 5,453 $ 24,202 $ (24,653) $ 5,001
Revolving
5 2031204 Wheelabrator $ 76,677 $ 25,000 $ (36,618) $ 65,059 $ 25,000 $ 13,775) $ 76,284
Planning
6 2031205 Wheelabrator $ 71,183 $ 12,700 $ (13,851) $ 70,032 $ 14,240 $ (5,021) $ 79,251
Public Safety
7 2031206 Wheelabrator $ 48,890 $ - $ (4,295) $ 44,595 $ - $ (20,529) $ 24,066
- Health
8 2031207 Health Dept- $ 40,498 $ 17,065 $ (571) $ 56,991 $ 19,990 $ (4,365) $ 72,616
Food
Inspections
9 2031208 Health Dept- $ 30,081 $ 25,950 $ (26,531) $ 29,500 $ 15,985 $ (11,148) $ 34,337
Septic
Inspections
VOTED MAY 13, 2008
Article 16. Report of the Community Preservation Committee and Appropriation
From the Community Preservation Fund. VOTED BY MAJORITY VOTE to
receive the Report of the Community Preservation Committee and that the Town will
Raise And Appropriate $1,817,400 from the Fiscal 2009 Community Preservation Fund
Revenues in accordance with the provisions of Massachusetts General Laws Chapter
44B.
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
List of Appropriations — Community Preservation Fund
Amount
Description Category
Old Police Court Refurbishment $91,476 Historical
Preservation
Stevens Estate Restoration Windows (Phase II) $30,000 Historical
Preservation
Former Greenery Property Neighborhood of $1,350,000 Affordable Housing
Affordable Housing (NOAH) to create 42 new
affordable housing units
Reserve for Open Space $231,200 Open Space
Protection
Reserve for Historical Preservation $109,724 Historical
Preservation
Administrative Costs $5,000 Administration
Total Appropriations $1,817,400
VOTED MAY 13, 2008
Article 17. Continuation of MGL Chapter 59 Section 5K— Senior Work Program
—Increase Funding to $18,000. UNANIMOUSLY VOTED that the Town continue
the provisions of Massachusetts General Law, Chapter 59 Section 5K which establishes a
program to allow persons over the age of 60 to volunteer 100 hours per year to provide
services to the Town to reduce their real estate property tax provided, however, that any
rules and regulations promulgated by the Board of Selectmen to implement this program
establish an amount to be allocated under this program not to exceed$18,000.
VOTED MAY 13, 2008
Article 18. Appropriate Funds for 4'h of July Fireworks Display for 2008.
UNANIMOUSLY VOTED TO "Take No Action" to raise and appropriate $9,400 for the
Town of North Andover's 4t' of July fireworks display for calendar year 2008.
VOTED MAY 13, 2008
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
Article 19. Appropriation and Transfer of Funds to Purchase the Former
Merrimack Valley Federal Credit Union Building Located at 1475 Osgood Street
and Renovate the Building for Use as a Police Station.
VOTED that $5,803,783 is appropriated to acquire the former Merrimack Valley
Federal Credit Union building and land located at 1475 Osgood Street by gift, purchase,
eminent domain or otherwise and to renovate such building for use as a police station;
that to meet this appropriation the Treasurer with the approval of the Board of Selectmen
is authorized to borrow $4,763,000 under Chapter 44 of the General Laws or any other
enabling authority; that to meet this appropriation $95,884.37 shall be transferred from
the following projects in the amounts set forth below, said sums representing excess bond
proceeds not needed for the completion of the respective projects or sums remaining after
the respective projects have been abandoned as indicated below:
Amount Project Date/Article Number Date of Bonds
$76,714.02 Cyr Rec. Building
(Abandoned) STM 11/14/95 (Art. 5) 1/15/97
$10,000.00 Cyr Dog Pound
(Abandoned) STM 11/14/95 (Art. 5) 1/15/97
$5,925.48 Water System
(Completed) ATM 5/2/89 (Art. 12 # 14) 1/15/97
$3,244.87 Water Hydraulic System
(Completed) ATM 5/6/91 (Art. 12# 21) 6/15/95
that to meet this appropriation $41,611.09 shall be transferred from the following projects
in the amounts set forth below, said sums representing amounts raised and appropriated
from the tax levy for each project that are not needed for each respective project:
Amount Project Date/Article Number
$35,524.38 Town Farm Building ATM 5/13/00 (Art. 14 #13)
$5,158.10 Town Garage Heating System ATM 5/3/99 (Art. 8 #21)
$414.21 Master Plan ATM 5/6/96 (Art. 5)
$514.40 Transportation Planning Study ATM 5/4/87 (Art. 44);
that the vote of the Town taken pursuant to Article 22 —Appropriation of Funds — Town
Owned Buildings into New Police Station taken at the Dissolved Annual Town Meeting
for the Town of North Andover held on May 14, 15, 21 and June 4, 2007 is hereby
amended to read as follows: "Voted that $903,288 is appropriated for the purpose of
rehabilitating a Town owned building or acquiring and rehabilitating a non-town owned
building into a New Police Station, and any costs incidental or related thereto; that to
meet this appropriation $903,288 shall be transferred from the following projects in the
amounts set forth below, said sums representing excess bond proceeds not needed for the
completion of the respective project:
Amount Project Date/Article Number Date of Bonds
$60,000 Fire & Police Station Planning May 11, 1998 (Article 34) Sept 1, 1998
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
$265,262 Police Station Renovation May 14, 2001(Article8 #7) April 1, 2002
$578,026 New Police Station Design May 13, 2002(Articlell#12) July 1, 2005
that the vote of the Town passed June 5, 2006 under Article 24 of the Warrant for the
2006 Annual Town Meeting is hereby amended such that the purpose of the borrowing
authorized pursuant to Item 5 of Article 24 is changed to the following: "Rehabilitating a
Town owned building or acquiring and rehabilitating a non-town owned building into a
New Police Station" and that such vote is otherwise confirmed as so passed; and that the
Board of Selectmen is authorized to take any other action necessary to carry out this
project.
VOTED MAY 13, 2008
YES 193 NO 84
Article 20. Amend Article 22 — 2007 Annual Town Meeting - Appropriation of
Funds — Town Owned Buildings into New Police Station. UNANIMOUSLY
VOTED to "Take No Action" to amend the vote taken on Article 22 — Appropriation of
Funds — Town Owned Buildings into New Police Station taken at the Dissolved Annual
Town Meeting for the Town of North Andover held on May 14, 15,21, 2007 and June 4,
2007.
VOTED MAY 13, 2008
Article 21. Bradstreet School — 70 Main Street — Conversion to Police Station.
UNANIMOUSLY VOTED to "Take No Action" to transfer the care, custody and
control of the land and buildings at the Bradstreet School at 70 Main Street to the Board
of Selectmen for the purposes of a Police Station.
VOTED MAY 13, 2008
Article 22. Authorize Borrowing of Funds for the Construction of a School
Facility—Route 125/133—Adjacent to Atkinson School and Middle School.
VOTED BY 2/3 VOTE DECLARED BY THE MODERATOR that $4,000,000 is
appropriated for the design, engineering, construction, furnishing and equipping of
a new school facility to be located on town owned land on Route 125/133 Chickering
Road adjacent to Atkinson Elementary School and the North Andover Middle
School; that to meet this appropriation the Treasurer with the approval of the
Board of Selectmen is authorized to borrow $2,068,345 under G.L. c.44 of the
General Laws or any other enabling authority and $1,331,655 shall be transferred
from the following project, which is hereby abandoned, in the amount set forth
below, said sums representing excess bond proceeds remaining in connection with
the respective project:
Amount Project Date/Article Number Date of Bonds
$1,331,655 New Elementary School ATM 5/13/02 (Art. 11 #3) 10/1/03
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
that the Board of Selectmen is authorized to contract for and expend any federal or
state aid available for the project, including a $600,000 Osgood Landing 40R Grant,
and that the School Building Committee is authorized to take any other action
necessary to carry out this project.
VOTED MAY 14, 2008
Article 23. Acceptance of Massachusetts General Laws Chapter 71, Section 37M-
Consolidation of Administrative Functions. VOTED BY MAJORITY VOTE to
accept the provisions of Massachusetts General Laws, Chapter 71; Section 37M,
"Consolidation of administrative functions with city or town" and to authorize the
consolidation of all or some of the following functions: purchasing, payroll, information
technology and facility management.
VOTED MAY 14, 2008
Article 24. Petition the Legislature — Special Act to Exempt the Town of North
Andover from Portions of Prevailing Wage Act. VOTED that the Town authorize the
Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts
to exempt the Town of North Andover from the provisions of Massachusetts General
Laws Chapter 149, Sections 26 through 27G, the Prevailing Wage Law, so called, for
projects estimated to cost $50,000 or less.
VOTED MAY 14, 2008
YES 138 NO 5
Article 25. Enforcement of General and Zoning Bylaws. To see if the Town will
vote to enforce and uphold the general and zoning bylaws of the Town of North Andover,
as previously approved by citizen vote and the State Attorney General, and that the Town
will be compelled to follow the official protocol for issuing a variance or special permit
through the zoning board of appeals whenever an application does not meet the
requirements of the existing bylaw.
At any time that the Town does not enforce such bylaw, a definitive legal opinion by
special town counsel must be presented to the citizens at Town meeting, explaining why
a particular bylaw is not legally enforceable or was chosen not to be defended in court.
Subject to this provision, the Town will be required to bring forth the necessary
amendments that will remove any proven illegality from the bylaw. Any town official
shown to have violated the requirements of the bylaw without demonstrated legal
standing, shall be removed from his/her position as a permit granting authority.
ARTICLE 25 DEFEATED
VOTED MAY 14, 2008
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
Article 26. Enforcement of Wireless Service Facilities Zoning Bylaw-Section 8.9.3
c v 1 . To see if the Town will vote to enforce Wireless Service Facilities Section
8.9.3 (c)(v) (1) of the Zoning Bylaw of the Town of North Andover, which states in part:
"A minimum setback of 600 feet shall be required for all wireless devices,
antenna and their mounting structures, whether attached to a new or existing
structure, as measured from the adjacent property line of properties which are
either zoned for, or contain, residential and or educational uses of any types."
If the Town approves the enforcement of the Wireless Service Facilities Section
8.9.3 (c)(v) (1) of the Zoning Bylaw of the Town of North Andover, the Zoning Board of
Appeals will hold a public hearing for the Site Plan Review Special Permit that is
required under the aforementioned bylaw to allow Omnipoint Communications, Inc. to
operate a wireless facility within the church spire at First Calvary Baptist Church, 586
Massachusetts Avenue and for SPRINT to renew an expired special permit at 300
Chestnut Street. Both sites fall within the scope of residential and/or educational use.
ARTICLE 26 DEFEATED
VOTED MAY 149 2008
Article 31. Establishment of Excavation & Trench Safety Board.
UNANIMOUSLY VOTED that the Town will, pursuant to Massachusetts General Laws
Chapter 82A, Section 2, designate the Board of Selectmen to determine the Board or
Officer to issue permits for the purpose of creating a trench as that term is defined by
Massachusetts General Laws Chapter 82A, Section 4 and 520 CMR 14.00 and vote that
the Board of Selectmen shall have the authority to establish fees for the issuance of such
permits.
VOTED MAY 1412008
Article 27. Amend General Bylaws-Add New Section - Chapter 92 - Eminent
Domain. Voted to amend the General Bylaws of the Town of North Andover by adding
a new section, Chapter 92, Eminent Domain:
Chapter 92 -Eminent Domain
The authority of the Town of North Andover and its agencies of local government, as
reserved to localities under Chapter 79 of Massachusetts General Law, to seize privately
owned parcels against the expressed will of the owner through the use of eminent domain
procedures, including easements, shall, in light of the Kelo vs. New London U.S.
Supreme Court decision, be specifically further limited as follows:
92-1. To only those proposed taking actions incorporating the transfer of a private
parcel(s) to the Town of North Andover or any of its authorized agencies of local
government, and under no circumstances to another private party, and;
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
92-2. To only those proposed taking actions whose purpose is the creation of a facility
for actual public use and ownership, to include public open spaces, parks, watershed
protection districts, roadways, and other similar public projects, and never for the
purposes of economic development or the enhancement of the local tax base.
Nothing in this bylaw shall limit the authority of the Town of North Andover or its
authorized agencies of local government to seize property that is endangering the health
and safety of its residents, or which could otherwise be seized or foreclosed upon for tax
delinquency in accordance with the provisions of Chapter 60 of Massachusetts General
Law, or which is seized with the consent of the owner. (Amendment—Yes 89 No 55)
VOTED MAY 149 2008
YES 94 NO 54
Article 29. Acceptance of Foulds Terrace as a Public Way. UNANIMOUSLY
VOTED to accept Foulds Terrace as a public way and authorize the Board of Selectmen
to acquire by eminent domain, gift, purchase or otherwise any fee, easement or other
interest in land known as Foulds Terrace as shown on a plan entitled "Layout Plan of
Foulds Terrace Located in North Andover, MA, Prepared for the Town of North
Andover, MA, Scale 1" = 40', Date 2/08/08, Christiansen & Sergi, Haverhill, MA, and
on file in the Office of the Town Clerk, to which plan reference may be made for a more
particular description, and to award no damages for said taking or payment for said
acquisition.
VOTED MAY 149 2008
Article 30. Taking of Autran Avenue for a Public Way. UNANIMOUSLY VOTED
to authorize the Board of Selectmen to acquire by eminent domain, gift, purchase or
otherwise any fee, easement or other interest in land known as Autran Avenue for
purposes of a public way, and for any other municipal purpose, as shown on a plan of
land entitled "Street Acceptance Plan located in North Andover, prepared for Autran
Avenue, scale 1" = 60', dated 1/7/05, prepared by Christiansen & Sergi, Haverhill, MA,
and on file in the Office of the Town Clerk, to which plan reference may be made for a
more particular description, and to award no damages for said taking, or payment for said
acquisition.
VOTED MAY 149 2008
Article 31. Establishment of Excavation & Trench Safety_ Board. UNANIMOUSLY
VOTED that the Town will, pursuant to Massachusetts General Laws Chapter 82A,
Section 2, designate the Board of Selectmen to determine the Board or Officer to issue
permits for the purpose of creating a trench as that term is defined by Massachusetts
General Laws Chapter 82A, Section 4 and 520 CMR 14.00 and vote that the Board of
Selectmen shall have the authority to establish fees for the issuance of such permits.
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
VOTED MAY 14, 2008
Article 32. Amend Vote Article 42-1997 Annual Town Meeting Removal of
Development Restrictions on Map 62, Parcels 18, 9, and 64. VOTED that the Town
amend and or modify Article 42 Conservation Restriction - Town Farm, approved at the
May 13, 1997 Annual Town Meeting, Assessors Map 64 Parcels 9, 18, 20, and 64
("Town Farm") to allow for active recreation including improvements by and for the use
of athletic fields within the below referenced identified areas so long as said modification
and or amendment applies only to specific identified areas of land hereinafter identified
on a plan of land known as: "Area 1" approximately 3.4+/- acres of land, and "Area 2"
approximately 3.2+/- acres of land both of which are further identified on:
Conservation Restriction Amendment Plan, Town Farm- Dale Street, North Andover,
MA, Assessors Map 64, Lots 9, 18, 20, 64, prepared for the Town of North Andover by
New England Engineering Services Inc., 1600 Osgood Street, Building 20 Suite 2-64,
Dated May 12, 2008 and stamped by Benjamin C. Osgood Jr. P.E., File No. 1532-5-12-
08 containing 1- 3 sheets, hereinafter referred to as ("amendment plan") incorporated by
reference herein; being a portion of the property known as the North Andover Town
Farm, approximately 158.93 acres, more or less,
Area 1
Being an area of land on the South side of Dale Street containing 3.4 Acres more or less
and described as follows:
Beginning at a point 99.20 feet west of the northeast corner of a parcel described as
Assessor's Map 64 Parcel 20 at the southerly side of Dale Street.
Thence on a bearing South 30 degrees 45 minutes 41 seconds East for a distance of
69.31 feet to a point, thence turning South 6 degrees 24 minutes 5 seconds West 86.79
feet to a point, thence turning South 18 degrees 49 minutes 53 seconds East 310.85 feet to
a point, thence turning South 80 degrees 48 minutes 03 seconds West 444.87 feet to a
point, thence turning North 53 degrees 45 minutes 20 seconds West 195.90 feet to a point
on the southerly line of Dale Street, thence turning North 52 degrees 20 minutes 9
seconds East 36.29 feet along Dale Street to a point, thence turning North 56 degrees 50
minutes 58 seconds East 261.28 feet along Dale Street to a point, thence turning North 50
degrees 30 minutes 19 seconds East 48.42 feet along Dale Street to a point, thence
turning North 39 degrees 53 minutes 23 seconds East 54.18 feet along Dale Street to a
point, thence turning North 43 degrees 48 minutes 19 seconds East 218.77 feet along
Dale Street to the point of beginning; and
Area 2
Being an area of land on the North side of Dale Street containing 3.2 Acres more or less
and described as follows:
Beginning at a point at the northwest corner of a parcel described as Assessor's Map 64
Parcel 18 at the northerly side of Dale Street. Thence on a bearing North 27 degrees 6
minutes 11 seconds West for a distance of 316.19 feet to a point, thence turning North 58
degrees 45 minutes 51 seconds East 438.38 feet to a point, thence turning South 31
degrees 14 minutes 9 seconds East 304.05 feet to a point on the Northerly line of Dale
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
Street, thence turning South 57 degrees 46 minutes 19 seconds East 113.53 feet along
Dale Street to a point, thence turning South 57 degrees 13 minutes 29 seconds West
347.78 feet along Dale Street to the point of beginning.
and, if necessary, to effect this Amendment and or Modification to authorize the Boards
having jurisdiction and or authority with respect to the Town Farm including but not
limited to the Board of Selectmen and or Conservation Commission to petition the
General Court of the Commonwealth of Massachusetts for appropriate legislative relief
as needed and authorized by those respective Boards. The care, custody, and control of
this land, described as Area 1 and Area 2, shall be with the Conservation Commission.
This Amendment and Modification is subject to and conditioned upon all necessary and
proper permitting and or approvals required by and for the Town of North Andover,
including but not limited to, Planning, Conservation, Health, Zoning, Building and
Department of Public Works.
Article 42 Conservation Restriction - Town Farm, approved at the May 13, 1997 Town
Meeting shall remain in full force and effect for all areas of Town Farm as approved at
the May 13, 1997 Town Meeting that are outside of the metes and bounds of"Area 1"
and"Area 2" of this Amendment and or Modification.
VOTED MAY 149 2008
YES 115 NO 2
Article 33. Amend North Andover General Bylaws, New Chapter, Chapter 160,
Stormwater Management & Erosion Control Bylaw. UNANIMOUSLY VOTED
TO "TAKE NO ACTION" to amend the Town of North Andover General Bylaws by
adding a new Chapter, Chapter 160, Stormwater Management & Erosion Control Bylaw.
FULL TEXT OF ARTICLE SUBMITTED IS AVAILABLE FROM THE TOWN
CLERK'S OFFICE
VOTED MAY 1412008
Article 34. Amend General Bylaws—Add New Chapter—Chapter 134 - Machine
Shop Village Neighborhood Conservation District Bylaw. To see if the Town will
vote to amend the General Bylaws of the Town of North Andover by enacting a bylaw
entitled the "Machine Shop Village Neighborhood Conservation District Bylaw" to be
inserted into the General Bylaws for the Town of North Andover as Chapter 134.
PREAMBLE:
The Massachusetts Historical Commission has defined a Neighborhood Conservation
District as a group of buildings and their settings that are architecturally and/or
historically distinctive and worthy of protection based on their contribution to the
architectural, cultural, political, economic or social history of the community. A
Neighborhood Conservation District bylaw protects the overall character of the
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
neighborhood by regulating the demolition of significant buildings and making sure new
construction respects the scale,massing, setback and materials of the historic structures.
A Neighborhood Conservation District is different from a Local Historic District such as
the Old Center Local Historic District. A Local Historic District is a group of buildings
and their settings that are worthy of protection at the local level, and are generally more
historically intact than buildings in a Neighborhood Conservation District. Local Historic
District regulations are generally more restrictive than Neighborhood Conservation
District regulations.
The Machine Shop Village Study Committee (MSVSC) was established by the North
Andover Board of Selectmen in February 2006. The MSVSC reviewed Machine Shop
Village history, reviewed requirements for Local Historic Districts and for Neighborhood
Conservation Districts and solicited input from neighborhood residents through numerous
public meetings. A Neighborhood Conservation District will benefit the Town by
preserving the fabric of historic Machine Shop Village without overly encumbering the
residents with restrictions. It is expected that a Neighborhood Conservation District will
be able to preserve structures, eliminate demolition and require that significant structural
changes suit the character of the neighborhood, without limiting the ability of routine
maintenance and minor alterations to be made in a cost-effective manner.
The proposed Bylaw is as follows:
Chapter 134
Machine Shop Village Neighborhood Conservation District
134-1. TITLE
The Town of North Andover hereby establishes a Neighborhood Conservation District
known as the Machine Shop Village Neighborhood Conservation District, to be
administered by a Neighborhood Conservation District Commission. This Bylaw shall be
known and may be cited as the North Andover Machine Shop Village Neighborhood
Conservation District Bylaw and is adopted pursuant to the Home Rule Amendment to
the Massachusetts Construction.
134-2. PURPOSE
This by-law is enacted for the purpose of preserving and protecting groups of buildings
and their settings that are architecturally and historically distinctive which constitute or
reflect distinctive features of the architectural, cultural, economic, political or social
history of the town and to limit the detrimental effect of alterations, additions,
demolitions and new construction on the character of the town. Through this bylaw,
alterations, additions, demolition and new construction may be reviewed for
compatibility with the existing buildings, setting and neighborhood character. This
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
bylaw seeks to encourage the protection of the built environment through a combination
of binding and non-binding regulatory review. This bylaw promotes the public welfare
by making the town a more attractive and desirable place in which to live and work.
134.3. DEFINITIONS
As used in this Bylaw the following terms shall have the following meaning:
ADDITION: A change to a building that includes additional stories,height or floor area.
ADVISORY REVIEW: An application review procedure that provides non-binding
recommendations to the applicant.
ALTERATION, TO ALTER: A change to a building or part thereof such as removal,
construction, reconstruction, restoration, replication, rehabilitation, demolition and other
similar activities. A change to a building that includes additions and other similar
activities. A change to a site that includes constructing, placing, erecting, installing,
enlarging and moving a building or other similar activities.
APPLICATION: The complete document(s) and supporting material(s) to be submitted
by an applicant desiring to obtain a Certificate to Alter. A complete application shall
include information reasonably deemed necessary by the commission to enable it to make
a determination.
BUILDING: A combination of materials forming a shelter for persons, animals or
property.
CERTIFICATE TO ALTER: A document granted by the Neighborhood Conservation
District Commission in order to obtain a building (or demolition)permit.
COMMISSION: The Machine Shop Village Neighborhood Conservation District
Commission
COMPATIBLE: A project that meets the design guidelines of the neighborhood
conservation district commission.
DESIGN GUIDELINES: The document used by the Neighborhood Conservation
District Commission to determine whether a proposed project is compatible. The design
guidelines are appended to this bylaw.
DISTRICT: The Neighborhood Conservation District as established in this bylaw.
PERSON AGGRIEVED: An applicant, an abutter or an owner of property within the
district.
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
SUBSTITUTE DOORS: Doors consisting of materials that no longer represent the
original fabric but do maintain the original architectural integrity with respect to form, fit
and function.
SUBSTITUTE SIDING: Exterior covering of building consisting of materials that no
longer represent the original fabric or intent.
SUBSTITUTE WINDOWS: Windows consisting of materials that no longer represent
the original fabric but do maintain the original architectural integrity with respect to form,
fit and function.
134-4. DISTRICT
The Neighborhood Conservation District shall encompass the area shown on the map
titled, Machine Shop Village Plan of Proposed Neighborhood Conservation District,
Appendix A, Figure 1, which is appended to this bylaw and made a part hereof.
134-5. NEIGHBORHOOD CONSERVATION DISTRICT COMMISSION
The Neighborhood Conservation District shall be overseen by a Commission, which is
hereby established, consisting of five members, to be appointed by the Board of
Selectmen, two members initially to be appointed for one year, two for two years, and
one for three years, and each successive appointment to be made for three years.
The Board of Selectmen may appoint up to five alternate members to the Neighborhood
Conservation District. Said alternate members shall initially be appointed for terms of
one, two and three years, and for three year terms thereafter. In the case of absence,
inability to act, or recusal from action due to a conflict of interest of a Member of the
Commission, his or her place shall be taken by an alternate member designated by the
Chairperson, if available, otherwise by the Vice-Chairperson if available, otherwise by a
majority vote of the members and alternate members of the Commission present.
The Commission shall include, if possible, a minimum of three residents of the district; a
member of the local historical commission; a realtor; an architect and a building
contractor familiar with historic rehabilitation. If possible, the Chairperson of the
Commission should be a resident of the district and shall be elected by a majority of the
Commission. Members and alternates of the Commission shall by reason of experience or
education have demonstrable knowledge and concern for improvement, conservation and
enhancement of the district, but the final decision regarding appointment of members and
their qualifications shall be at the discretion of the Board of Selectmen.
Each member and alternate member shall continue to serve in office after the expiration
date of his or her term until a successor is duly appointed.
Meetings of the Commission shall be held at the call of the Chairperson, at the request of
two members and in such other manner as the Commission shall determine in its Rules
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
and Regulations. Three members of the Commission shall constitute a quorum.
134-6. NEIGHBORHOOD CONSERVATION DISTRICT COMMISSION
POWERS AND DUTIES
The Commission shall exercise its powers in administering and regulating the alteration
of buildings within the neighborhood conservation district as set forth under the
procedures and criteria established in this bylaw.
The Commission, after a public hearing duly posted and advertised at least 14 days in
advance in a conspicuous place in Town Hall, may adopt and from time to time amend,
reasonable Rules and Regulations not inconsistent with the provisions of this bylaw or
setting forth such forms and procedures as it deems desirable and necessary for the
regulation of its affairs and the conduct of its business, including requirements for the
contents and form of applications for certificates, fees, hearing procedures and other
matters. Amendments to the Rules and Regulations shall be made by a majority vote of
the Commission. The Commission shall file a copy of any such Rules and Regulations
with the office of the Town Clerk.
The Commission, after a public hearing duly posted and advertised at least 14 days in
advance in a conspicuous place in Town Hall may adopt and from time to time amend
design guidelines which set forth the designs for certain alterations which are, in general,
suitable for the issuance of a Certificate to Alter. Amendments to the design guidelines
shall be made by a majority vote of the Commission. No such design guidelines shall
limit the right of an applicant for a Certificate to Alter to present other designs to the
Commission for approval.
The Commission shall at the beginning of each year hold an organizational meeting and
elect a Chairperson, a Vice Chairperson and Secretary, and file notice of such election
with the office of the Town Clerk. The Commission shall keep a permanent record of its
regulations, transactions, decisions and determinations and of the vote of each member
participating therein. The Commission shall undertake educational efforts to explain to
the public and property owners the merits and functions of a neighborhood conservation
district.
134-7. ALTERATION PROHIBITED WITHOUT A CERTIFICATE
Except as this Bylaw provides, no alterations to any building or part thereof within a
Neighborhood Conservation District shall be permitted unless the commission shall first
have issued a Certificate to Alter.
134-8. ALTERATIONS EXCLUDED FROM COMMISSION REVIEW
It shall be the responsibility of the Commission, or its delegate thereof to determine
whether an alteration is exempt from review. The Commission or its delegate thereof
shall have seven days from the date of receipt of a request for Certificate to Alter to make
this determination.
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
The following projects are excluded from Commission review.
• Projects not requiring a building (or demolition)permit.
• Structures not defined as buildings or parts of buildings
• Temporary buildings, subject to time limits by the Neighborhood Conservation
District Commission.
• Interior Alterations
• Storm windows and doors, screen windows and doors.
• Removal, replacement or installation of gutters and downspouts.
• Removal, replacement or installation of window and door shutters.
• Accessory buildings of less than 100 square feet of floor area.
• Removal of substitute siding.
• Alterations not visible from a public way.
• Ordinary maintenance and repair of architectural features that match the existing
conditions including materials, design and dimensions.
• Replacement of existing substitute doors, substitute siding or substitute windows
with new materials that are substantially similar to the existing condition.
• Replacement of original fabric windows or doors with substitute windows or
doors that maintain the architectural integrity with respect to form, fit and
function of the original windows or doors.
• Reconstruction, substantially similar in exterior design, of a building, damaged or
destroyed by fire, storm or other disaster, provided such reconstruction is begun
within one year thereafter and carried forward with due diligence.
134-9. PROCEDURES FOR THE REVIEW OF MAJOR ALTERATIONS
The following major alterations require the submittal of an application for a regulatory
review by the Commission. The decision of the Commission shall be binding on the
applicant.
• Demolition of a building or part of a building.
• New construction including buildings and additions.
• Accessibility Improvements including ramps, rails, walkways and mechanical
equipment associated with exterior architectural barriers.
• Replacement of original fabric with substitute siding
• Removal of architectural trim
• Replacement of windows and doors that alters the form, fit or function of the
existing opening.
Within forty five days of the submittal of an application for a major alteration, the
Commission shall hold a public hearing on the application. At least seven days before
said public hearing, public notice shall be given by posting in a conspicuous place in
Town Hall. Such notice shall identify the time, place and purpose of the public hearing.
At least seven days before said public hearing, a copy of said public notice shall be
mailed to the applicant, to the owners of all adjoining properties and of other properties
deemed by the Commission to be materially affected thereby all as they appear on the
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
most recent applicable tax list.
Following the public hearing, the Commission shall determine whether the proposed
alteration is compatible with the purpose of this bylaw and the design guidelines adopted
by the Commission. Determinations shall be made by majority vote of the Commission.
If the Commission determines that the alteration is compatible, the Commission shall
issue a Certificate to Alter. The vote of at least three members shall be required to issue a
Certificate to Alter.
If the Commission cannot determine that the alteration is compatible, the Commission
shall decline to issue the Certificate to Alter. The Commission shall provide the
applicant with a written statement with the reasons for its disapproval including how the
alteration does not meet the design guidelines or the purpose of this bylaw.
134-10. PROCEDURES FOR ISSUANCE AND FILING OF CERTIFICATES
Each Certificate issued by the Commission shall be dated and signed by its chairperson or
such other person designated by the Commission to sign such Certificates on its behalf.
The Commission shall send a copy of its Certificates and disapprovals to the applicant
and shall file a copy of its Certificates and disapprovals with the office of the Town Clerk
and the Building Commissioner. The date of issuance of a Certificate or disapproval
shall be the date of the filing of a copy of such Certificate or disapproval with the office
of the Town Clerk.
If the Commission should fail to make a determination within sixty days of the filing of
the application for a Certificate, or within such further time as the applicant may allow in
writing, the Commission shall thereupon issue a Certificate to Alter due to failure to act.
134-11. ENFORCEMENT AND PENALTIES
The Neighborhood Conservation District Commission is specifically authorized to
institute any and all actions, proceedings in law and in equity, as they deem necessary
and appropriate to obtain compliance with the requirements of this bylaw or to prevent a
threatened violation thereof.
The Commission may designate the Building Commissioner to act on its behalf and to
enforce this Bylaw under the direction of the Commission.
Any owner of a building subject to this bylaw that alters a building without first obtaining
a Certificate to Alter in accordance with the provisions of this bylaw shall be subject to a
fine of Three Hundred Dollars. Each day the violation exists shall constitute a separate
offense until the alteration is corrected, the addition is removed or a faithful restoration of
the demolished building is completed or unless otherwise agreed to by the Commission.
If a violation of this bylaw remains outstanding, no building permit on the premises shall
be issued until the violation is corrected or unless otherwise agreed to by the
Commission.
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
134-12. APPEAL PROCEDURE
Any applicant or person aggrieved by a determination of a neighborhood conservation
district commission may appeal to a court of competent jurisdiction.
134-13. VALIDITY AND SEPARABILITY
The provisions of this Bylaw shall be deemed to be separable. If any of its provisions,
sections, subsections, sentences or clauses shall be held to be invalid or unconstitutional
by any court of competent jurisdiction, the remainder of this Bylaw shall continue to be
in full force and effect.
134-14. APPENDICES
Appendix A. The location and boundaries of the Machine Shop Village
Neighborhood Conservation District are defined and shown on the Machine Shop
Village Neighborhood Conservation District Map of the Town of North Andover,
Figure 1 which is a part of this Bylaw.
FIGURE 1 —MACHINE SHOP VILLAGE CONSERVATION DISTRICT
MAP IS ON FILE IN THE OFFICE OF THE TOWN CLERK
B. Design Guidelines
Appendix B Machine Shop Village
Neighborhood Conservation District -Design Guidelines
No building permit for construction of a building or structure or for alteration of an
exterior architectural feature within the Machine Shop Village Neighborhood
Conservation District and no demolition permit for demolition or removal of a building
or structure within the Machine Shop Village Neighborhood Conservation District shall
be issued by any town department until a Certificate to Alter has been issued by the
Commission.
GENERAL
There are many elements that contribute to the character of both a building and a
neighborhood that are considered by the Commission in its deliberations. These include
architectural style, individual architecturally significant elements, and the degree of
visibility for work under construction. The design strategy used in the context of the
Neighborhood Conservation District recommends that changes made are consistent with
the materials, scale, proportions, detailing, character, and stylistic features of the
building.
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
In passing upon matters before it the commission shall consider, among other things, the
historic and architectural value and significance of the site, building or structure, the
general design, arrangement, texture, and material of the features of buildings and
structures in the surrounding area. In the case of new construction or additions to
existing buildings or structures the commission shall consider the appropriateness of the
size and shape of the building or structure both in relation to the land area upon which the
building or structure is situated and to buildings and structures in the vicinity, and the
commission may in appropriate cases impose dimensional and set-back requirements in
addition to those required by applicable ordinance or by-law. The commission shall not
make any recommendation or requirement except for the purpose of preventing
developments incongruous to the historic aspects or the architectural characteristics of the
surrounding and of the Machine Shop Village Neighborhood Conservation District.
The Commission recommends the following general guidelines:
I. Original materials and features should be kept and not removed or
altered; if a replacement is necessary it should match the original in
material and design.
2. New openings on visible facades are discouraged, except to restore
original or pre-existing conditions.
3. Restoration of missing design features should be documented by
photographic,physical or historical evidence.
4. Deteriorated architectural features should be repaired rather than
replaced, whenever possible.
5. Wherever possible, new additions or alterations to structures shall be done in such
a manner that if such additions or alterations were to be removed at a later date,
the essential form and integrity of the structure would be unimpaired.
6. The use of new materials not originally found on the building is discouraged.
7. The commission generally encourages the retention of existing original windows.
NEW CONSTRUCTION AND ADDITIONS
New construction requires much careful planning. The Commission reviews proposals
on a case by case basis.
I. Additions should, if possible, be on the least visible fagade. The Commission
prefers the least disruption to the external appearance of the building and the
streetscape.
2. Typically additions should blend or harmonize with the existing character of the
building, taking into account size, scale, massing, material, location and detail. It
is also desirable that the original portion of the building continues to be
recognizable, apart from the addition, by means of massing, articulation, trim or
other devices.
3. New construction should be compatible and harmonious with the existing historic
streetscape. The historic relationship of buildings to the street, including setbacks
and open spaces, shall be maintained. Attention will be given to construction
materials, scale, massing, and architectural details.
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
WINDOWS
Windows are one of the most important design features of any structure. The material,
design and placement of the windows reflect the architectural and cultural character of
the building's period or style. There are several aspects to consider including the original
casing, size, and number of panes,rhythm, patterns, placement, and type of window.
1. Typically the number and arrangement of panes in new windows
should be compatible with similar sized and proportioned windows in
the building, e.g. "two over one', "six over six", etc.
2. It is desirable to repair and retain existing elements, such as sash,
casings and muntins (or mullions), whenever possible. If replacement
is necessary, it should be an exact replication of the original—e.g. with
the same number and size of panes and dimensions of components.
3. New window openings and changes in existing window opening
dimensions are generally discouraged, especially on principal facades.
4. Where double glazing intended to look like traditional wood sash is
used, for instance on new construction, the commission generally
prefers sash with a single sheet of double glazing and externally and
internally adhered wood muntins combined with appropriately colored
internal glazing bars between the layers of glass.
5. Removable storm windows are preferred to replacement of original
wood sash. We encourage storm windows that have a baked enamel
finish that blends in with the paint scheme of the building or has a
paintable surface.
6. Stained glass or decorative windows should be retained.
MASONRY
I. The painting of masonry, which has never been painted, is strongly
discouraged.
2. Tuck pointing (laying new mortar in old mortar joints of an existing
brick wall) can change the appearance and character of a brick or stone
walls. Repointing should be discussed with the Commission in
advance.
3. Retain the original mortar whenever possible. If it is necessary to
repoint, duplicate the old mortar as nearly as possible in type, color,
size, texture and joint profile.
4. New bricks should match the old brick as closely as possible in size,
color, and bond.
5. The use of sealers for bricks is strongly discouraged, as it tends to trap
moisture.
6. If brick needs cleaning, sandblasting is not permitted. It will destroy
the brick's hard outer crust and accelerate its deterioration.
CLAPBOARD, SHINGLES, TRIM AND DETAILS
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
1. The covering of clapboard and shingles with any artificial siding or any
other material is discouraged, except in accordance with the bylaw.
The replacement of the original historic material is encouraged.
2. Existing trim should be retained and repaired wherever possible.
3. Removal of any architecturally or historically important trim is
strongly discouraged. Such trim should be restored or replaced with an
exact duplication.
4. The covering of trim with any artificial siding or any other material is
discouraged.
ROOFS-CHIMNEYS-DORMERS
1. All distinctive roof features-patterned shingles, iron cresting, chimneys,
and weathervanes should be retained.
2. The retention of original rooflines is strongly encouraged.
3. Skylights and dormers are reviewed on an individual basis. It is
recommended that these elements be placed on the rear or least visible
fayade whenever possible.
4. Original dormers and trim should not be removed.
DOORS-ENTRANCES-PORCHES
1. Historic door openings should be retained.
2. Existing doors and door elements should be retained, including, but not
limited to, transoms and sidelights.
3. Efforts should be made to replicate existing door hardware.
4. Plywood, metal, or other non-wood doors are not acceptable, except in
accordance with the bylaw.
5. The replacement of original elements or features appropriate to the
style and age of a building is normally encouraged, when those features
have been replaced with clearly unsuitable substitutes.
6. Removable storm doors, like removable storm windows, are permitted
as "reversible changes". However, their installation should not destroy
the integrity of original doorway.
7. Entrance porticos and porches shall be maintained, wherever possible
8. Enclosing porches and steps so as to destroy their intended appearance
is strongly discouraged.
SIGNS
Signage within the Machine Shop Village Neighborhood Conservation District should
contribute to and be in keeping with the historic character of the area. Traditional wood
or wood like carved or painted signs are encouraged. Spot lighting is permitted. All new
signs are subject to review by the commission. Signs made of the following types and/or
materials will not be approved:
1. Plastic signs illuminated from the inside are not permitted.
2. No neon signs.
3. Existing neon signs can remain in place for a period of three years from
the date that these guidelines come into effect.
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
4. Permanent vinyl banners will not be permitted.
5. Temporary vinyl banners or signs will be permitted for a period of time
not to exceed 60 days.
SEVERABILITY
The provisions of these design guidelines shall be deemed to be severable if any of its
provisions shall be held to be invalid or unconstitutional by any court of competent
jurisdiction the remaining provisions shall continue in full force and effect.
VOTED MAY 14, 2008
Article 35. Amend North Andover Zoning Bylaw — Section 4.122 Residence 4
District. UNANIMOUSLY VOTED to amend the Town of North Andover Zoning
Bylaw, Section 4.122 in order to allow a Family Suite as an allowed use within the
Residence 4 Zoning District.
Amend Section 4.122 by adding the underlined language to read as follows:
4.122 Residence 4 District
22. Family Suite — a separate dwelling unit i^ within or attached to a dwelling
for a member of a household rh-rerenRa#er ("Family c te") is allowable by Special
Permit by the Beard of A r peal&provided:
a. The Family ante dwelling unit is not occupied by a familymer�'r bee,who
shall ind ode: anyone except brothers, sisters, maternal and paternal parents, and
grandparents, greatgi:, ndparents, n-s i^ the degF ., „ rhel,'S, 1^Wf;,l
i-.laws z or children, combination theire^f of the residing dwellifig H R4
owners€amity of the dwelling unit;
b. That the premises shame are inspected annually by the Building Inspector for
conformance to this section of the Bylaw and the Dwelling Unit 014,,,.,,. shall certify
the same, of whieh, failtwe to inspect the premises li� ling inspeetor- shall
Permit-
C. The Special Permit shall be recorded at the North Essex Registry of Deeds.
AMENDED SECTION 4.122 TO READ AS FOLLOWS:
4.122 Residence 4 District
22. Family Suite — a separate dwelling unit within or attached to a dwelling for a
member of a household is allowable by Special Permit provided:
a. The dwelling unit is not occupied by brothers, sisters, maternal and paternal
parents, and grandparents, or children, of the residing owners of the dwelling unit;
b. That the premises are inspected annually by the Building Inspector for
conformance to this section of the Bylaw.
C. The Special Permit shall be recorded at the North Essex Registry of Deeds.
VOTED MAY 14, 2008
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
Article 36. Amend North Andover Zoning Bylaw — Section 6 Signs and Sign
Lighting Regulations. To see if the Town will vote to amend the Town of North
Andover Zoning Bylaw, Section 6 Signs and Sign Lighting Regulations, Subsection 6.3
Definitions by defining an "A-Frame/Sandwich Board" sign and "Animated Sign" and
amending Subsection 6.6(B) Permitted Signs by adding language requiring a Sign Permit
for A-Frame/Sandwich Board signs within all zoning districts.
Amend Section 6.3 by adding the following underlined language and renumbering
accordingly to read as follows:
6.3 Definitions
1. A-Frame Sign/Sandwich Board: A portable, temporary sign or device capable of
standing without support or attachments.
2. Accessory Sign - A sign that advertises activities, goods, products, or a specific
use, owner, or tenant, available within the building or on the property on which the
sign is located, or advertises the property as a whole or any part thereof for sale or
rent.
3. Animated Sign: Any sign that uses movement or a change of lightingto o depict
action or create a special effect or scene.
4. Building Frontage - The length in feet of a ground floor level of a building front or
side facing a street (or facing a right-of-way accessible from a street) that is
occupied by an individual business.
5. Directional Sign - A non-accessory sign containing no advertising and giving
direction to community (non-commercial) activities, buildings, areas, such as
churches, schools, playgrounds, museums, historical sites, public buildings, etc.
Sign not to exceed 12"00".
6. Display Window Signs - Temporary signs on the surface of or inside display
windows, lighted only by the general building illumination.
7. Erect - Shall mean and include to construct, place, relocate, enlarge, alter, attach,
suspend, and post.
8. Flagpole - A pole erected on a roof, or projecting from a building or structure or on
the ground.
9. Freestanding Sign - Shall mean and include any sign not attached to a building or
the ground.
10. Ground Sign - Any sign erected on the ground which is self-supported and
anchored to the ground.
11. Illuminated Sign - Illuminated sign shall mean any sign illuminated by electricity,
or other artificial light including reflective or phosphorescent light and shall include
location of source of illumination.
12. Marquee - Any sheltering structure of permanent construction projecting from and
totally supported by the wall and/or roof of a building.
13. Non-Accessory Sign - Any sign that is not an accessory sign.
14. Obscene - shall have the meaning as that term is defined in Massachusetts General
Laws Chapter 272, Section 1. Massachusetts General Laws, Chapter 272, Section
defines "obscene" as follows:
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
1. Appeals to the prurient interest of the average person applying the
contemporary standards of the county where the offense was committed;
2. Depicts or describes sexual conduct in a potentially offensive way; and
3. Lacks serious literary, artistic, or political or scientific value.
15. Permanent Sign - Any sign permitted to be erected and maintained for more than
sixty (60) days.
16. Primary Sign - The principal accessory sign, which may be a wall, roof, or ground
sign, as allowed in Section 6.6.
17. Projecting Sign - Any sign which is attached or suspended from a building or other
structure and any part of which projects more than twelve (12) inches from the wall
surface of that portion of the building or structure.
18. Roof Sign - Any sign erected, constructed, and maintained wholly upon, connected
to, or over the roof or parapet of any building with the entire support on the roof or
roof structure.
19. Secondary Sign - Is a wall, roof, or ground sign intended for the same use as a
primary sign but smaller dimensions and lettering, as allowed in Section 6.6.
20. Sign - A sign is any structure, mechanically or electrically driven, still or moving
device, light, letter, figure, word, model, banner, pennant, trade flag, or
representation that is designed to be seen from outside the lot on which it is erected.
It advertises activities, goods, places, persons, objects, institutions, organizations,
associations, businesses or events, products, services, or facilities available either
on the property where the sign appears or in some other location. The definition
includes electric signs in windows or doors, but does not include window displays
or merchandise. A sign may be permanent or temporary.
21. Sign Size (Area) - The surface area of any sign is the entire area within a single
continuous perimeter enclosing the extreme limits of lettering, representation,
emblems, or other figures, together with any material or color forming an integral
part of the display or used to differentiate the sign from the background against
which it is placed. Structural members bearing no sign copy shall not be included.
22. Temporary Sign: A sign permitted to be used on a short-term basis for the duration
of no longer than sixty (60) days unless otherwise specifically provided herein.
23. Wall Sign - Any sign affixed to, suspended from or painted on a wall, window,
marquee, or parapet.
Amend Section 6.6(B) by adding the following underlined language and
renumbering accordingly to read as follows:
6. Temporary A-frame Sign Permit. The Building inspector may issue a sign permit
for the temporary placement of a freestanding A-frame/sandwich sign which (i)
announces a performance, an event, an advertisement, or is for directional
purposes; ii) must be securely anchored so as to not blow over and is professional
in appearance; iii) must be removed at the close of business and at the expiration
of the permit; iv) may not obstruct a public or private walkway, or be placed on
public property. The maximum area shall not exceed eight (8) square feet on each
side, and a maximum height of five (5) feet above the ground. The temporary
permit may impose limiting conditions, including among other matters the
number allowed at each business property location.
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
7. Unless otherwise specified in this Bylaw, temporary signs pertaining to other non-
commercial issues shall require no sign permit and shall be allowed in all zoning
districts. Such signs shall be subject to the limitations set forth in subsection (5)
(a)-(e) above.
8. Identification Signs or entrance markers for a church, or synagogue shall not
exceed a combined total of thirty (30) square feet and provided that there shall be
no more than two (2) signs allowed on the premises
9. Notwithstanding any other provisions of this Bylaw, signs may be erected for
posting land; example, no hunting, no trespassing, etc.
VOTED MAY 14, 2008
Article 37. Amend Zoning Bylaw— New Zoning District, Amending Section 16—
Addition Corridor Development District 3 (CDD3). UNANIMOUSLY VOTED to
amend the Section 16 of the North Andover Bylaw to create and establish a third
Corridor Development District, Corridor Development District 3 (CDD3).
And in connection therewith to amend North Andover Bylaw Section 3.1 Establishment
of Districts, by adding the term "Corridor District 3" and amending Table 1 & Table 2 of
the Bylaw to include the summary of uses and dimensional requirements of the Corridor
Development District 3.
THE FULL TEXT OF THIS ARTICLE IS AVAILABLE IN THE ZONING
BYLAW AND IN THE OFFICE OF THE TOWN CLERK
Article 38. Amend Zoning Map - Rezone Rte. 125 / Osgood Street Between
Barker's Farm and Boundary of Haverhill -Corridor Development District 3
(CDD3). UNANIMOUSLY VOTED to amend Zoning Map of the Town of North
Andover pursuant to Section 3.2 to rezone twenty-nine (29) parcels fronting Route
125/Osgood Street, Bradford Street, Beechwood Drive, and Orchard Village Road from
their current zoning designations to Corridor Development District 3. Said parcels begin
at Map 34, Parcel 10 (Barkers's Farm) and terminate at Map 61, Parcel 39 (boundary of
Haverhill and North Andover).
➢ To rezone fifteen (15) parcels of land, consisting of approximately 27.6 acres, with
land fronting Osgood Street and Bradford Street beginning at the Haverhill and North
Andover Town boundary line and extending easterly and southeasterly by a line
parallel to and distant 500 feet easterly from the centerline of Rte. 125 / Osgood
Street to and including Assessor's Map 34, Parcel 41 with the following exceptions:
■ The Corridor Development District 3 Zoning designation shall be extended to
include the entire property boundaries of Map 61, Parcel 38.
■ The Corridor Development District 3 Zoning designation shall be extended to
include the entire property boundaries of Map 61, Parcel 66.
■ Map 34, Parcel 31 shall be zoned entirely Residential 2.
■ Map 61, Parcel 22 shall be zoned entirely Residential 2.
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
These fifteen (15) parcels of land are shown with the following street address
and on the Town of North Andover Assessors Map as map and parcels to change
from their current zoning designation of Industrial S to Corridor Development
District 3:
■ 721 Osgood Street— Map 61, Parcel 8
■ 1679 Osgood Street—Map 61, Parcel 16
■ 1719 Osgood Street—Map 61, Parcel 17
■ 0 Osgood Street—Map 61, Parcel 18
■ 0 Bradford Street—Map 61, Parcel 38
■ 1755 Osgood Street—Map 61, Parcel 39
■ 1701 Osgood Street—Map 61, Parcel 66
■ 1659 Osgood Street—Map 34, Parcel 1
■ 1635 Osgood Street—Map 34, Parcel 2
■ 1627 Osgood Street—Map 34, Parcel 3
■ 1591 Osgood Street—Map 34, Parcel 4
■ 1609 Osgood Street—Map 34, Parcel 28
■ 0 Osgood Street—Map 34, Parcel 31
■ 1581 Osgood Street—Map 34, Parcel 41
■ 1615 Osgood Street—Map 34, Parcel 44
➢ To rezone twelve (12) parcels of land fronting Osgood Street and a certain
parcel located within 1000 feet of Osgood Street beginning near intersection of
Beechwood Drive and Osgood Street at Assessor's Map 34, Parcel 42 to and
including Assessor's Map 34, Parcel 26 and consisting of approximately 40.8
acres.
These twelve (12) parcels of land are shown with the following street address
and on the Town of North Andover Assessors Map as map and parcels from
their current zoning designation of Industrial 1 to Corridor Development
District 3:
■ 0 Bradford Street—Map 61, Parcel 6
■ 45 Beechwood Drive - Map 34, Parcel 6
■ 49 Orchard Village Road- Map 34, Parcel 8
■ 1451 Osgood Street—Map 34, Parcel 9
■ 1475 Osgood Street- Map 34, Parcel 16
■ 0 Osgood Street—Map 34, Parcel 25
■ 1429 Osgood Street—Map 34, Parcel 20
■ 0 Osgood Street—Map 34, Parcel 26
■ 1551 Osgood Street- Map 34, Parcel 42
■ 0 Beechwood Drive—Map 34, Parcel 50
■ 45 Beechwood Drive - Map 34, Parcel 51
■ 25 Orchard Village Road- Map 34, Parcel 52
➢ To rezone a parcel of land with frontage on Osgood Street, shown on the
Assessor's Map 34, Parcel 7 and consisting of approximately 2 acres from
Business 2 to Corridor Development District 3.
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
➢ To rezone a portion of a parcel of land shown on the Assessor's Map 34, Parcel
10 from Industrial 1 to Corridor Development District 3 beginning from the
westerly and southwesterly boundaries of the property to a line parallel to and
distant 1,100 feet running north and westerly from the centerline of Barker
Street.
DELETE THE FOLLOWING LANGUAGE SHOWN AS STRICKEN BELOW:
LANGUAGE BETWEEN "Map 61, Parcel 38" and "Map 61, Parcel 22 Shall be
zoned entirely Residential 2."
➢ To rezone fifteen (15) parcels of land, consisting of approximately 27.6 acres, with
land fronting Osgood Street and Bradford Street beginning at the Haverhill and North
Andover Town boundary line and extending easterly and southeasterly by a line
parallel to and distant 500 feet easterly from the centerline of Rte. 125 / Osgood
Street to and including Assessor's Map 34, Parcel 41 with the following exceptions:
■ The Corridor Development District 3 Zoning designation shall be extended to
include the entire property boundaries of Map 61, Parcel 38.
ifieltfde the —6— F-1—ty beti*dafie" of Map 61, Par-eel •
A
■ ap 34 D.yeel 21 4A11 Le-, 7pnod onti-ole,Resi en4i 1 7
■ Map 61, Parcel 22 shall be zoned entirely Residential 2.
Article 39. Amend Zoning Bylaw Section 8.1 Off-Street and Section 8.4 Screening_
and Landscaping Requirements for Off-Street Parking. To see if the Town will vote
to amend Zoning Bylaw Section 8.1 Off-Street and Section 8.4 Screening and
Landscaping Requirements for Off-Street Parking in order to create a revised parking and
screening regulation within all zoning districts.
FULL TEXT OF AMENDMENT IS AVAILABLE IN THE ZONING
BYLAW AND IN THE OFFICE OF THE TOWN CLERK.
VOTED MAY 1412008
Article 40. Amend North Andover Zoning Bylaw — Section 4.2 Phased
Development Bylaw. UNANIMOUSLY VOTED to amend the Town of North
Andover Zoning Bylaw, Sections 4.2.4(a) in order to allow the Planning Board additional
flexibility in determining an appropriate development schedule for projects to promote
orderly growth.
Amend Section 4.2.4(a) by adding the underlined language to read as follows:
4.2(4)Phased Development Schedule
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
a) Building permits for new dwelling units shall be authorized only in accordance
with the following Phased Development Schedule:
Maximum Units for which
Number of Units in Minimum Years Building Permits
Subdivision Development for Development May be Issued Per Year
1-6 1 All
7-20 2 50% of total
21-34 3 33% of total
35-50 4 25% of total
51-75 5 20% of total
76-125 6 16.7% of total
126+ 7 14.3% of total
No Phased Development Schedule shall exceed seven years. Notwithstanding an tag to
the contrary in this Zoning Bylaw, the Planning Board may pprove an alternative Phased
Development Schedule, provided that in doing so, the project is consistent with any one
of the purposes set forth under Section 4.2.1 above.
VOTED MAY 1412008
Article 41. Amend Chapter 69 of the General Bylaws — Fire Alarms.
UNANIMOUSLY VOTED to amend Chapter 69 of the General Bylaws to reflect the
recommendations of the Office of the Attorney General of the Commonwealth in Case
#4430 Dated 10/2/2007 as follows:
Chapter 69, Sections 69-2, 69-5, 69-.1, 69-7.2 and new Section, Section 69-7-3 are to he
amended by removing the text shown as stricken, and adding the text shown as
underlined.
§ 69-2 Alarm Installation and Permit Requirements
A. As of the effective date of this by-law, no alarm system or equipment designed
to summon the Fire Department shall be installed without a permit signed by the
Fire Chief or his designee. The issuance of permits and the imposition of fees
shall be in compliance with Massachusetts General Law Chapter 148 Section
I OA.
Changes in the permit or inspection fees may be made with sixty (60) days notice to
the general public and with the approval of the Board of Selectmen.
§ 69-5 Alarm System Regulations and Maintenance
A. Each alarm user shall submit to the Fire Chief, the names, addresses and
telephone numbers of at least two (2)persons who can be reached at any time, day
or night, who are authorized to gain access to the protected premises for the
37
TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
purpose of silencing and resetting the alarm system. It shall be the alarm users
user's responsibility to keep this information up to date and current, In addition,
each control panel shall have located inside the door, the above mentioned
information, as well as the name, address and twenty-four (24) hour telephone
number of the company or individual who currently services the system.
§ 69-7.1 Connection Fees
Each alarm user shall on or before October 11, of each year remit to the Fire
Department a service fee for the coming year for Master Fire Alarm Boxes and Digital
Alarms. The fees shall be established by the Board of Selectmen.
Those properties that convert to a radio control Master Box that is compatible
with the North Andover Fire Department receiver shall no longer be billed the roe ^R^e,
D@PaFtM@ under the existing fee structure, once the radio box is properly installed
and functioninj! as approved by the North Andover Fire Department. In
accordance with the Town by-law the Board of Selectmen can establish fees, at any
time, which reflect the costs of services provided.
§ 69-7.2 Violations
The following acts shall constitute a violation of these regulations and the
responsible person or persons shall be punished by a fine of not less that $50.00 nor more
than $200.00 per offense. (Each day in which a violation occurs will be considered a
separate offense.)
A. Failure to follow an order issued by the Fire Chief to disconnect a fire alarm
system automatic notification device.
B. Using a telephone-dialing device arranged to dial a Fire Department number
without authorization under this by-law.
C. Failure to pay any fee assessed under this ,.oplaoi g eiahe,. ^r 14A-U ce,eut A,, do 7
or 69-7.1 of hese regulatieas Section 69 within sixty (60) days from the
assessment.
D. Failure to comply with the requirements set forth in these regulations.
E. Continued transmission of false alarms caused by the user's negligence or
system malfunctions on the premises under the user's control where no effective
effort is made to correct the condition.
F. Knowingly failing to maintain any alarm system, covered by this by-law, in
proper working order.
G. Causing, through negligence, a condition, which interferes with the operation
of, or causes damage to the municipal fire alarm system.
Add new section - Section 69-7.3
§ 69-7.3 Consultation with the Office of the Essex County District Attorney
In consideration of General Laws Chapter 268, Section 32, Chapter 269,
Section 13 and other applicable state laws, the Town shall consult with the Office of
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
the Essex County District Attorney prior to any court action against anyone for
noncompliance with this Chapter 69 or prior to the imposition of any assessment or
fines pursuant to Chapter 69 Section 7.
Amended Chapter 69 as amended by Article 41 to read as follows:
VOTED MAY 14, 2008
Article 42. Amend North Andover Zoning Bylaw - Section 2.68 Structure and Add
New Section 2.68.a Structure- Temporary. UNANIMOUSLY VOTED to amend the
Town of North Andover Zoning Bylaw, Section 2.68 in order to further clarify the
definition of a structure and add a new definition 2.68.a Structure - Temporary to define
a temporary structure.
Amend Section 2.68 Structure by deleting the stricken language and adding the
underlined language to read as follows:
2.68 Structure
A combination of materials assembled at a location toivg e support or shelter-
Akans a eaHibiwitiaii 4 niateriet4 to fiarqn a eensti-HefieR t'4at i.9 that is safe and
stable, which includes, but is not limited to the following:
buildings, stadiums, tents, reviewing stands, platforms, staging, observation
towers, radio towers, water tanks, towers, private and public swimming pools,
trestles, piers and wharves, bridges, sheds, shelters, fences and walls, display
signs. Structure shall also include storage trailers or units, whether intended for
permanent or temporary purposes, used for storage of goods and products
associated with the operations of any business on the subject parcel(s). The term
structure shall be construed as if followed by the words "or part thereof', but shall
not include underground utilities, driveways, parking lots, agricultural storage
trailers and vehicles, and the like. Where the North Andover General and Zoning
Bylaws are silent, then the current edition of the Massachusetts Building Code
shall be assumed to apply.
And in connection therewith, adding the underlined language to read as follows:
2.68.a Structure- Temporary
Structures that are permitted within a zoning district without any foundation or
footing and that are removed or dismantled when the designated time period, activity,
or use for which the structure was approved and erected has ceased. Said structure
shall be pen-nitted for duration of time not to exceed sixty (60) days unless otherwise
specifically approved by the Building Inspector. For purposes of this definition,
motor and recreational vehicles shall not be deemed a temporary structure.
VOTED MAY 14, 2008
39
TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
Article 43. Amend North Andover Zoning ylaw — Section 4.126 Business 1
District and Section 4.127 Business 2 District. UNANIMOUSLY VOTED to amend
the Town of North Andover Zoning Bylaw, Section 4.126 and Section 4.127 in order to
maximize the size of retail establishments within the Business 1 District and Business 2
District.
Amend Section 4.126 by adding the underlined language to read as follows:
4.126 Business 1 District
1. Retail establishments up to 50,000 square feet of gross floor area per user.
Retail establishments in excess of 50,000 square feet of gross floor area per user
shall be permitted with a Special Permit issued by the Planning Board as Special
Permit Granting Authority.
and
Amend Section 4.127 by adding the underlined language to read as follows:
4.127 Business 2 District
1. Retail establishments up to 50,000 square feet of gross floor area per user.
Retail establishments in excess of 50,000 square feet of gross floor area per user
shall be permitted with a Special Permit issued by the Planning Board as Special
Permit Granting Authority.
VOTED MAY 149 2008
Article 44. Amend Zoning Map—2302 Turnpike Street,Assessors Map 108A, Lot
9 from Residential (R-2) to Business 2 (B-2). VOTED to amend the Zoning Map of
the Town of North Andover, to rezone two parcels of land collectively consisting of 3.52
acres of land from Residential 2 (R-2) to Business 2 (B-2). Said parcels of land are
known and numbered as 2302 Turnpike Street and Parcel 2, Sharpners Pond Road, being
shown as Parcel 1 and Parcel 2, respectively, on a plan entitled "Plan of Land in North
Andover, Mass. owned by Kevin and Elizabeth A. Murphy" dated February 29, 2008,
Scale 1"=60' prepared by Scott L Giles, R.P.L.S., a copy of which is on file in the office
of the Town Clerk. Parcel 1 and Parcel 2 are located on the north side of Turnpike Street
at the corner of Turnpike Street and Sharpners Pond Road. Said parcels are further
described below:
The first parcel, known as 2302 Turnpike Street and shown as Parcel 1 on said Plan
above, is identified as a portion of Lot 9 on Map 108A of the Town of North Andover
Assessors Map, and is bounded and described as follows:
On the Southwest 298.48' by Turnpike Street;
On the Northwest by land now or formerly of RA 427.24';
On the Northeast by land now or formerly of Town of North Andover 298.87';
On the Southeast by Sharpener's Pond Road 273.08'; and,
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES
On the South 176.92' by Parcel 2.
Containing 143,393 s.f. +/- (or 3.29 +/- acres) according to said Plan.
The second parcel, shown as Parcel 2 on said Plan above, is also depicted as a
portion of Lot 9 on Assessors Map 108A of the Town of North Andover Assessors
Maps, and is bounded and described as follows:
On the Southwest by Turnpike Street 125.15';
On the Northwest by Parcel#1 176.92'; and,
On the Southeast by Sharpener's Pond Road 164.95' .
Containing 9,908 sf+/- (or 0.23 +/- acres) according to said Plan. Said Parcel
2 is also shown as a 9,908 s.f. lot of land on a plan recorded with the Essex
North District Registry of Deeds as Plan No. 6649 of 1972.
For deed reference to Parcel 1 (2302 Turnpike Street), see Deed to Kevin
Murphy and Elizabeth A. Murphy recorded with said Deeds in Book 9834,
Page 206. For deed reference to Parcel 2, see Deed to Kevin Murphy and
Elizabeth A. Murphy recorded with said Deeds in Book 10019, Page 161,
And further to authorize the Board of Selectmen to accept a covenant on
restricting uses.
VOTED MAY 14, 2008
YES 52 NO 19
Article 45. Amend Zoning Map — 4 Parcels — 396 — 398 Andover Street, 404
Andover Street, 424 Andover Street and 426 Andover Street from Residential 4 - R4
to Business 1 (B-1).
UNANIMOUSLY VOTED TO REFER ARTICLE 45 "BACK TO THE
PLANNING BOARD FOR FURTHER STUDY".
VOTED MAY 14, 2008
The Annual Town Meeting for the Town of North Andover dissolved by
Unanimous Vote on Wednesday May 14, 2008 at 11:1OPM.
Parcel 2
Rezone R-2 to
B-2
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TOWN OF NORTH ANDOVER 2008 ANNUAL TOWN MEETING MINUTES