HomeMy WebLinkAboutAnnual Town Meeting Minutes 05.17.2004 NORTH 9
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TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Joyce A.Bradshaw,CMMC Telephone(978)688-9501
Town Clerk Fax (978)688-9556
E-mail ibradshawa,townofnorthandover.com
2004 ANNUAL TOWN MEETING MINUTES
Article 1. Reports of Receipts, Expenditures and Special Committees.
UNANIMOUSLY VOTED to accept the 2003 Annual Town Report as the report of
receipts and expenditures.
Article 2. Consent Articles.
UNANIMOUSLY VOTED to adopt Article 2 as printed in the warrant.
Article 3. Amend General Fund Appropriation for Fiscal Year 2004.
Article 3: Amend General Fund Appropriation for Fiscal Year 2004
UNANIMOUSLY VOTED to Amend Article 12 of the 2003 Annual Town Meeting,
General Fund Appropriation, Fiscal Year 2004, as follows:
Amount
Line Item Being Amended Under Article 12 Voted Revised
Under Changes Total
Article 12
General Government—Personnel Services 2,412,135 90,470 2,502,605
General Government—Expenses 1,199,317 62,200 1,261,517
Finance Committee Reserve Fund 200,000 -169,960 30,040
Salary Reserve 75,000 -75,000 0
Public Safety—Personnel 6,472,389 45,047 6,517,436
Public Safety—Expenses 2,733,061 5,100 2,738,161
Public Works—Personnel 1,106,913 8,838 1,115,751
Public Works—Expenses 2,733,061 196,767 2,929,828
School Salary & Expense 29,923,053 250,000 30,173,053
Fixed Expenses—Debt Service Principal 5,364,825 12,810 5,377,635
Fixed Expenses - Debt Service Long Term 2,495,044 94,147 2,589,191
Interest
Fixed Expenses—Debt Service Short Term 733,564 -175,419 558,145
Interest
Fixed Expenses—Unemployment 400,000 -225,000 175,000
Fixed Expenses—Worker Compensation 245,000 -20,000 225,000
Total 56,093,362 100,000 56,193,362
Article 4. Amend Capital Improvement Appropriation for Fiscal Year 2004.
UNANIMOUSLY VOTED to "Take No Action on Article 4".
Article 5. Amend Water Enterprise Fund Appropriation for Fiscal Year 2004.
UNANIMOUSLY VOTED to amend Article 15 of the May 10, 2003 Annual Town
Meeting, Water Enterprise Appropriation — Fiscal Year 2004, by changing the total
appropriated from $4,765,719 to $4,664,697 by changing the amount of retained
earnings to be transferred from $250,000 to $739,697 and the amount to be raised
from water receipts be changed from $4,515,719 to $3,925,000.
Article 6. Amend Sewer Enterprise Fund Appropriation for Fiscal Year 2004.
UNANIMOUSLY VOTED to amend Article 16 of the May 10, 2003 Annual Town
Meeting, Sewer Enterprise Fund Appropriation — Fiscal Year 2004 by changing the
total appropriated from $3,918,424 to $3,408,290 by changing the amount to be
raised from sewer enterprise fund receipts from $3,818,424 to $3,160,000 and
changing the amount of retained earnings to be transferred from $100,000 to
$248,290.
Article 7. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation
for Fiscal Year 2004.
UNANIMOUSLY VOTED to amend Article 17 of the May 10, 2003 Annual Town
Meeting, Stevens Estate Enterprise Fund Appropriation Fiscal Year 2004 by
changing the total appropriated from $743,577 to $487,225, by changing the amount
to be raised from Stevens Estate Enterprise Fund receipts from $678,900 to
$420,000 and changing the amount of retained earnings to be transferred from
$64,677 to $67,225.
Article 8. Prior Years Unpaid Bills.
UNANIMOUSLY VOTED to "Take No Action on Article 8".
Article 9. Compensation of Elected Officials.
VOTED BY CLEAR MAJORITY to adopt Article 9 as printed in the warrant.
Article 10. General Fund Appropriation Fiscal Year 2005.
VOTED BY CLEAR MAJORITY to raise and appropriate funds for Fiscal Year 2005
General Fund as follows:
General Government $2,324,697
Public Safety $7,740,228
School Department $30,358,718
Greater Lawrence Technical School $101,837
School Building Committee $26,941
Public Works $3,982,276
Health and Human Services $707,523
Culture and Recreation $674,349
Debt Service $8,757,410
Employee Benefits $8,525,847
Liability Insurance $308,041
Finance Committee Reserve Fund $100,000
State Assessments $1,311,633
For a total appropriation of $64,919,500
And further to transfer to the General Fund
$747,180 from the Trash Fee Stabilization Fund
$440,000 from the Bond Premium Account
and$1,250,381 from free cash to reduce the tax rate.
Article 11. Capital Improvement Plan Appropriation Fiscal Year 2005.
UNANIMOUSLY VOTED to adopt Article 11 as described in the Finance
Committee Report (found on page 16), as printed in the warrant with the following
amendment:
Delete item I8 "Library Stair Repair' in the amount of $46,000, and to meet the
appropriation, the Treasurer, with the approval of the Board of Selectmen, be authorized
to borrow $3,815,537 under chapter 44 of the Massachusetts General Laws, for an
adjusted total appropriation of$3,815,537.
FY 2005 CIP Recommendations
Town Manager
Board of
Selectmen
Finance Committee
Project Description Fund
Code
1 Relocation Feasibility Study B/N-G 32,000
Community Development Total 32,000
2 Dump Truck B/N-G 108,000
3 Dump Truck B/N-G 108,000
4 One Ton 4 Wheel Drive Truck B/N-G 28,000
5 One Ton Truck B/N-G 40,000
DPW Fleet Maintenance Total 284,000
6 Unaccepted Roadway Improvements B/N-G 217,195
7 Drainage B/N-G 250,000
8 Sidewalk Construction B/N-G 119,400
DPW Street & Sidewalks Total 586,595
9 Hydraulic Rescue Tools B/N-G 84,045
10 Replacement Vehicle for Cars 3 and 6 B/N-G 37,791
Fire Total 121,836
11 Municipal Technology Improvements B/N-G 152,700
12 Financial Management System B/N-G 200,000
MIS Total 352,700
13 Communication Center Upgrade B/N-G 81,000
14 Animal Control Vehicle B/N-G 25,386
Police Total 106,386
15 Repaving Projects B/N-G 174,000
16 Technology Improvements B/N-G 97,020
17 Pick Up Trucks With Plows B/N-G 58,000
School Total 329,020
Town Manager
Board of
Selectmen
Finance
Committee
Prosect Description Fund
Code
18 Library Stair Repair B/N-G 46,000
Library Total 46,000
Grand Total General Fund CIP 1,858,537
19 4 Wheel Drive Vehicle B/N-W 25,000
20 Completion of Pump Drives B/N-W 60,000
21 Water Supply Security System B/N-W 94,000
22 Bear Hill Reservoir Improvements B/N-W 150,000
23 Meter Replacement Program B/N-W 280,000
24 Water Main Rehabilitation B/N-W 600,000
25 Sutton Hill Service Area Improvements B/N-W 323,000
Grand Total Water Enterprise CIP 1,532,000
26 One Ton Truck B/N-S 40,000
27 Sewer Rodder B/N-S 117,000
28 New Bonny Lane Sewer Pump Station B/N-S 314,000
Grand Total Sewer Enterprise CIP 471,000
Funding Recommendation Code
Raise and Appropriate - General Fund 0
Raise and Appropriate - General Override 0
Raise and Appropriate - Water 0
Raise and Appropriate - Sewer 0
Bonds/Notes — General B/N-G 1,858,537
Bonds/Notes - Water B/N-W 1,532,000
Bonds/Notes - Sewer B/N-S 471,000
Stevens Estate Reserve 0
Debt Excluded Bonds/Notes 0
Other Available Funds 0
Total All Capital Projects
3,861,537
Article 12. Water Enterprise Fund Appropriation, Fiscal Year 2005.
UNANIMOUSLY VOTED that the Town appropriate the amount of$4,877,010, in
aggregate, for the purposes listed under the column "Fy05 recommendation: Town
Manager, Board of Selectmen, Finance Committee" without regards to individual
line items, and to operate the water enterprise fund, that $4,877,010 be raised from
water receipts and from these receipts $601,277 be transferred to the general fund
for indirect expenses and repayment of a transfer of funds from the General Fund
to the Water Enterprise Fund in Fiscal Year 1999.
Article 13. Sewer Enterprise Fund Appropriation, Fiscal Year 2005.
UNANIMOUSLY VOTED that the Town appropriate the amount of$3,918,537, in
aggregate, for the purposes listed under the column "FY05 Recommendation: Town
Manager, Board of Selectmen, Finance Committee" without regard to individual
line items, and to operate the Sewer Enterprise Fund that $3,551,473 be raised from
sewer receipts, that $367,064 be transferred from sewer enterprise fund retained
earnings, and from these sources of funds, $209,488 be transferred to the general
fund for indirect expenses.
Article 14. Stevens Estate at Osgood Hill Enterprise Fund Appropriation, Fiscal
Year 2005.
UNANIMOUSLY VOTED that the Town appropriate the amount of $513,059, in
aggregate, for the purposes listed under the column "Fy05 recommendation: Town
Manager, Board of Selectmen, Finance Committee" without regards to individual
line items, and to operate the Stevens Estate at Osgood Hill Enterprise Fund that
$475,000 be raised from Stevens Estate receipts, that $38,059 be transferred from
Stevens Estate at Osgood Hill Enterprise Fund retained earnings, and from these
sources of funds, $85,959 be transferred to the general fund for indirect expenses.
Article 15. Establishment of Revolving funds.
UNANIMOUSLY VOTED to authorize the use of a revolving escrow fund for the
Fiscal Year 2005 pursuant to chapter 44 section 53 e (1/2) of Massachusetts General
Law for the funds and purposes presented in the article, and that the total amount
of expenditures for each revolving fund not exceed the amount detailed under the
column "FY2005 limit."
REVOLVING ACCOUNTS
Account Spending Use of Funds Revenue Source FY 2005
Number Authority Limit
Revolving
Fund
022-5423-3437 Youth Director All programs and $ 250,000
Services CD & S activities, expense, Participants fees,
part time help Grants,
Donations, and
related
Fundraising
proceeds
New Field Director Field maintenance, Field rental fees, $ 20,000
Maintenance DPW upgrade and related Grants,
expenses Donations, and
related
Fundraising
proceeds
022-5590 Elder Director Senior programs, Participants fees, $ 50,000
Services CD & S classes and activities Grants,
Donations, and
related
Fundraising
proceeds
022-5102 Health Dept Director Clinic supplies and Clinic participant $ 20,000
Revolving CD & S other expenses fees, Grants,
donations,
related
Fundraising
proceeds
022-4306 Wheelabrator Director Air quality Wheelabrator $ 25,000
Planning CD & S monitoring Host Service
Agreement
022-4307 Wheelabrator Director To enforce Trash Wheelabrator $ 20,000
Public Safety CD & S Truck regulations Host Service
Agreement
022-4308 Wheelabrator Director Protection of health, Wheelabrator $ 40,000
—Health CD & S safety,monitoring air Host Service
quality A reement
Revolving Accounts (Massachusetts General Law Chapter 44, Section 531/2
int Revolving Fund Balance FY03 FY03 Balance Receipts to Expenditures Balance
Number 7/1/02 Receipts Expenditures 6/30/03 12/31/04 to 12/31/03 12/31/03
022-5423 Youth $ 160,124 $ 231,522 $(183,402) $ 208,244 $ 63,826 $ (137,586) $ 134,484
Services
new Field Maintenance $ - $ - $ - $ - $ - $ - $ -
022-5590 Elder Services $ 21,496 $ 15,033 $ (32,557) $ 3,972 $ 7,285 $ (2,493) $ 8,764
022-5102 Health Dept $ 11,332 $ 8,091 $ (4,707) $ 14,716 $ 7,235 $ (3,846) $ 18,105
022-4306 Wheelabrator Planning $ 81,821 $ 25,000 $ (28,874) $ 77,947 $ 25,000 $ - $ 102,947
022-4307 Wheelabrator Public $ 50,000 $ 11,800 $ (14,139) $ 47,661 $ 7,500 $ (37,911) $ 17,250
Safety
022-4308 Wheelabrator Health $ 74,812 $ 37,029 $ (18,476) $ 93,365 $ - $ (66,101) $ 27,264
ARTICLE 16. APPROPRIATION OF FUNDS FOR SECURING VETERANS
AND INDIGENT LOTS FROM RIDGEWOOD CEMETERY ASSOCIATES.
UNANIMOUSLY VOTED TO "TAKE NO ACTION" ON ARTICLE 16.
ARTICLE 17. REPORT OF THE COMMUNITY PRESERVATION
COMMITTEE AND APPROPRIATION FROM THE COMMUNITY
PRESERVATION FUND.
VOTED BY CLEAR MAJORITY to receive the report of the Community
Preservation Committee and that the Town will raise and appropriate from the
Community Preservation Fund, in accordance with the provisions of Massachusetts
General Laws Chapter 44b, $2,615,834 to be spent under the direction of the
Community Preservation Committee as follows:
Article 17 -List of Proposed Community Preservation Committee Appropriations
DESCRIPTION AMOUNT CATEGORY
a) Machine Shop Village-Master Plan $22,000 Historic Resources
b Preservation of Historical Town Records $30,000 Historic Resources
c Stevens Library Stairs Phase 2 $46,000 Historic Resources
d) North Parish Church- Steeple and Foundation $141, 670 Historic Resources
Restoration
e) Stevens Estate-Fire Protection System $319,000 Historic resources
f) Sharpners Pond Fields - Baseball $25,000 Recreation/Open
Space
g) I Grogan Playground 1 $25,000 1 Recreation
h) Half Mile Hill Summit—Principal/Interest $500,000 Open Space
i Half Mile Hill—Principal and Interest $775,000 Open Space
j) Carter Hill—Principal and Interest $525,164 Open Space
k) Reserve for Affordable Housing $202,000 Affordable Housing
L) Administration $5,000 Administration and
Operating Expenses
Article 18. Acquisition of Land — the Land, Open Fields and Woodland on the
Shore of Lake Cochichewick known as the Kettenbach Property and also "Half
Mile Hill Summit".
VOTED BY TWO-THIRD VOTE DECLARED BY THE MODERATOR that the
Town appropriate $2,650,000 for the acquisition by purchase or eminent domain of a
parcel of land of approximately 30 acres of land owned by Michael L. Kettenbach, as
described on Assessor's Map 35, parcels 24, 25, 33, and 34, and map 36, parcel 21, to be
managed and controlled by the Conservation Commission of the Town of North Andover
in accordance with Chapter 40, Section 8c for conservation and passive recreation
purposes, and to meet said appropriation the treasurer with the approval of the Board of
Selectmen is authorized to borrow $2,650,000 in accordance with Massachusetts General
Laws chapters 44 and/or 44b, the Community Preservation Act, or any other enabling
authority, and to issue any bonds or notes that may be necessary for that purpose, and
that the town manager be authorized to file on behalf of the town of North Andover any
and all applications deemed necessary under the Self-Help Act (Chapter 132a, section 11)
or any other applications for funds in any way connected with the scope of this
acquisition, and that the Town Manager and the Board of Selectmen and the
Conservation Commission be authorized to enter into all agreements and execute any and
all instruments, including a permanent deed restriction in accordance with General Laws
Chapter 184 and take any other action as may be necessary on behalf of the Town of
North Andover to effect said purchase.
ARTICLE 19. Acquisition of Land - Lake Front Property Great Pond Road
adjacent to Water Treatment Plant. UNANIMOUSLY VOTED to appropriate from
Water Enterprise Retained Earnings $70,000 to acquire, for the purposes of watershed
protection and the possibility of expanding the water treatment plant at the discretion of
the Board of Selectmen, by gift, purchase, or eminent domain approximately 2.1 acres of
land adjacent to the Water Treatment Plant on Great Pond Road which is a portion of
land known as Map 37A, Parcel 2 shown as Parcel "A" on a plan entitled, "Proposed
Land Transfer Plan" dated 3/12/04, scale 1"=80', on file in the office of the Town Clerk,
more particularly described as follows:
Beginning at a point along the northerly street line of Great Pond Road said
point being the easterly property corner of said parcel, thence running North
320 -00'-00" West, 425.00 feet to a point, thence running South 580 -00'-00"
West, 200.00 feet to a point, thence running North 32° -00'-00" West, 300 feet
+/- to a point, thence running in a westerly direction, 182 feet +/- along the
shoreline of Lake Cochichewick to a point, thence running in a southerly
direction along a stone wall 423 feet +/- to a point, thence running North 58° -
00'-00" East, 298 feet +/- to a point, thence running South 320 -00'-00" East,
282 feet+/- to a point, thence running North 500 -00'-00" East, 53 feet +/- to a
point, said point being the point of beginning.
And that the Board of Selectmen be authorized to acquire said land by gift, purchase or
eminent domain and to grant an easement or right of way for travel by foot across said
land and take any other action necessary on behalf of the Town of North Andover to
effect said acquisition.
Article 20. Amend Section 8.8—Adult Use Zone of the Zoning Bylaw.
UNANIMOUSLY VOTED TO "Take No Action" on Article 20.
Article 21. Procedure for Review of Proposed Trash Transfer Facility Agreement.
VOTED BY MAJORITY THAT the Town Meeting reject the proposed Host
Agreement, between the Town of North Andover and Thomson Brothers Industries, Inc.
(TBI) and affiliates, executed by the Chairman of the Board of Selectmen in October
2003 and that Town Meeting require that any future proposed host agreement be
developed in full compliance with the provisions set forth in the Town Charter and in a
manner that allows for full public discussion of any and all issues that may result from
such proposed Host Agreement.
VOTED TO TAKE ARTICLE 29 OUT OF ORDER. YES 95 NO 91
Motion to adjourn until Tuesday May 11, 2004 AT 7:OOPM in the North Andover
High School Auditorium
Article 22. Planning Board Study of Land North of Route 125 and Sutton Street.
UNANIMOUSLY VOTED TO adopt Article 22 as printed in the warrant with
the following amendments:
Amendment by Mark J. T. Caggiano: Unanimously Voted to replace in all instances
"Planning Board"with "Zoning Task Force".
Amendment by Robert Ercolini: After paragraph 2 insert the following text:
All reports and relevant supporting computer work files issued by this committee
shall be made available through the Town of North Andover Web Site in a timely manner
that does not interfere with the work of the Committee: YES 98 NO 84
Article 22 to read as follows:
Article 22. Planning Board Study of Land North of Route 125 and Sutton Street.
UNANIMOUSLY VOTED that the Town of North Andover request the Zoning Task
Force to study all land and buildings located north of Sutton Street and Route 125 from
its intersection with Sutton Street to the Haverhill border for the purposes of making
recommendations to Town Meeting for future land uses, zoning and any other
recommendation applicable to this property. This study shall include, but not be limited
to, proposed roadway and traffic improvements and determining the highest and best use
utilization of existing buildings, including but not limited to, the former Lucent property.
The Study shall make recommendations for the Town to take any actions necessary to
protect the health and safety of the people of North Andover and encourage the highest
and best used of this property. The Zoning Task Force will hold public hearings as part
of this study and allow citizens, property owners, tenants and other interested parties an
opportunity to participate and comment as part of the study. The Zoning Task Force shall
make its recommendations resulting from the study available sixty days prior to the May
2005 Annual Town Meeting
All reports and relevant supporting computer work files issued by this committee
shall be made available through the Town of North Andover Web-Site in a timely manner
that does not interfere with the work of the Committee.
Article 23. Tax Increment Financing Plan — 1600 Osgood Street (Former Lucent
Technologies).
VOTED BY MAJORITY VOTE that the Town approve a proposed Tax Increment
Financing Plan for 1600 Osgood Street (Hereafter known as the TIF Plan) and authorize
the Board of Selectmen to reach an Agreement with the owner of the property, for a
parcel of land and buildings thereon. The property shall be designated as a Tax
Increment Financing Zone, which, as defined in the TIF Plan, presents exceptional
opportunities for increased economic development. As outlined in the proposed TIF
Plan, the Town shall provide for an exemption of property taxes or a percentage thereof
based on the incremental increase in property value in assessed valuation of the property
for a period of not more than 20 years in accordance with the requirements of
Massachusetts General Laws Chapter 23A, Section 3E, Chapter 40, Section 59, and
Chapter 59, Section 5 and pursuant to 760 CMR 22.00 and 402 CMR 2.00. In return for
such tax benefits, in accordance with the proposed TIF Plan, the owner of the property
shall ensure at the above property the location and expansion of manufacturing, research
and development or other like uses which increase job creation, provide higher property
values, and retain and/or expand industry in the Town and the Commonwealth, and
That the Town approve a Tax Increment Financing Plan (TIF) with 1600 Osgood Street,
LLC that has the following components:
1. Term: 20 years
2. Schedule: The following exemption percentages will apply:
Year 1: 90% Year 6: 70% Year 11: 25% Year 16: 1%
Year 2: 90% Year 7: 65% Year 12: 20% Year 17: 1%
Year 3: 85% Year 8: 60% Year 13: 15% Year 18: 1%
Year 4: 80% Year 9: 55% Year 14: 10% Year 19: 1%
Year 5: 75% Year 10: 50% Year 15: 5% Year 20: 1%
3. Acceptable Uses: The TIF will remain in effect as long as at least 70% of the
total net occupied space is occupied by firms engaged in commercial or
manufacturing uses. Warehousing or distribution uses are outside of the town's
definition of commercial or manufacturing uses. The town will consider as a
commercial/industrial use those warehousing or distribution uses that are
appurtenant and essential to a user predominantly engaged in commercial or
industrial uses at the site, defined on a square foot basis.
4. TIF Zone: The TIF Zone will consist of Assessors Map 34, Parcel 17. Any
new buildings on Parcel 17 would receive tax benefits associated with the TIF in
the event that the Town of North Andover Board of Selectmen and the Planning
Board, at their sole discretion, approve this building as contributing net economic
benefit to the town without significant adverse impact. 1600 Osgood Street, LLC
would petition these Boards to obtain their approval. Such approvals would be
outside and independent of any other approvals that the town would consider in
its ordinary processes of reviewing and approving real estate development.
5. TIF Commencement: The TIF would commence in FY2006, pending approval
from the Commonwealth that such a commencement is compatible with TIF
regulations.
6. Other Conditions:
a. Until November 1, 2007, at no cost to the town, 1600 Osgood Street, LLC will
make available and maintain the recreational fields currently utilized by the official
Town of North Andover youth leagues, specifically soccer and little league. After
this initial period, the use of the fields will renew on an annual basis so long as the
fields remain.
b. 1600 Osgood Street, LLC will encourage future tenants to join the Merrimack
Valley Transportation Management Association.
c. 1600 Osgood Street, LLC, for a period of up to 10 years, shall provide 5,000
square feet of office space for municipal purposes rent free. In addition office
furniture can be made available for use within the space. The exact location of said
office space to be determined upon further review of the space available at the time of
the request. In addition, 1600 Osgood Street, LLC will allow the Town to use the
auditorium.
And that the Board of Selectmen are authorized to enter into any and all agreements
and submit any and all applications to the Commonwealth of Massachusetts
necessary to implement this TIF plan.
Article 24. Petition the General Court to ChanMe the Name of the Town of North
Andover. To see if the Town will vote to authorize the Board of Selectmen to Petition
the General Court to change the official name of the Town of North Andover to "Olde
Andover".
Motion to Adopt Article 24 was defeated by Majority Vote.
Article 25. Amend Town By-laws Chapter 17- Finance - Add New Section to
Establish Committee to Develop Revenue and Fixed Expense Projections for the
Town's Annual Operating Budget. UNANIMOUSLY VOTED to amend the
general bylaws (Code of the Town of North Andover), Chapter 17, Finance, by adding
the following new section:
Section 17-9: Revenue/Fixed Costs Review Committee
There is hereby created a committee to advise the town manager on revenue, other
financial sources and fixed costs projections for town operating budgets. The Committee
shall consist of two finance committee, the School Superintendent, the Director of
Finance and Administration, and the Town Accountant. The Town Manager shall serve
as an ex-officio member of the committee.
The committee shall meet within thirty days but no later than December V of the
issuance of the Board of Selectmen budget policy statement provided for in Chapter 9,
Section 2-3 of the Town Charter and shall report to the Town Manager and the Finance
Committee their initial estimates for revenues and other financial sources projections and
fixed expense estimates for the following fiscal year's annual operating budget within 45
days of the Committee's first meeting. The committee's report shall identify and describe
all revenue and financing sources and anticipated fixed costs and shall provide a written
rationale supporting estimates contained therein.
All reports and relevant supporting computer work files issued by this committee shall be
made available through the Town of North Andover Web Site in a timely manner that
does not interfere with the work of the committee. (Amended by Robert Ercolini — YES
98 —NO— 84)
The committee may continue to meet after the issuance of the Town Manager's
Recommended Budget for the purpose of providing continued advice to the Town
Manager, the Board of Selectmen and the Finance Committee regarding revenue and
fixed costs projections.
Article 26. Amend Chapter 59 General Bylaws — Add New Section 7 -
Presentation of Budget Articles. UNANIMOUSLY VOTED that the Town amend
the general bylaws (Code of the Town of North Andover), Chapter 59, Town Meeting, by
adding the following new section:
Section 59-7: For any budgetary articles for the general fund, enterprise funds or capital
projects (including amendments to previously approved budget articles) the Finance
Committee motions shall consist only of a reading of the main motion without
explanation. Pursuant to Section 9-3-3 of the Town Charter, the Board of Selectmen or
their designee shall then present to the Town Meeting a report explaining the Selectmen's
proposed budgets or budget amendments including a summary of revenue or other
financing sources projections and recommended expenditures. To the extent that the
Board of Selectmen's recommended budget differs from the Finance Committee motion,
the Board of Selectmen shall move to amend the Finance Committee main motion.
Article 27. Petition the General Court-Amend Chapter 2 Section 2 of the Charter
for the Town of North Andover-Warrants. VOTED to authorize the Board of
Selectmen to Petition the General Court to amend Chapter 2 Section 2 of the Charter for
the Town of North Andover by deleting Section 2-2 in its entirety and now reads:
Chapter-2-2 The warrant for each town meeting shall be closed not more than
sixty days, but at least forty-five days prior to the date for the meeting, provided that by
unanimous vote, the Board of Selectmen may reopen the warrant in cases of emergency.
And further vote to add new Section 2-2 to read: The warrant for the Annual Town
Meeting shall be closed not more than 75 (SEVENTY-FIVE) days, but at least (40)forty
days prior to the date for the meeting, provided that by unanimous vote, the Board of
Selectmen may reopen the warrant in cases of emergency. The warrant for any Special
Town Meeting shall be closed not more than 40 but at least 20 days prior to the date of
the meeting.
YES 193 NO 1
Article 28. Petition the General Court - Amend Chapter 2 Section 4 of the Charter
for the Town of North Andover-Warrants. UNANIMOUSLY VOTED to Petition
the General Court to amend Chapter 2 Section 2-4 Warrants of the Charter for the Town
of North Andover by deleting section 2-4 which now reads:
2-2-4 The warrant for each special town meeting town shall be published in a
newspaper of general circulation within the town at least seven days prior
to the meeting.
And vote to further amend by adding a new section 2-4 to read: The warrant for each
Special Town Meeting shall have a summary of each article prepared by the Town Clerk,
published in a newspaper of general circulation at least seven days prior to the meeting.
Said publication shall contain where copies of the full warrant text can be obtained,
viewed, or requests for mailing be sent.
Article 29. Petition the General Court-Amend Chapter 7 Section 8-1 Board of
Health of the Charter for the Town of North Andover. VOTED to retain the
membership of the North Andover Board of Health to three members one member of
which shall be a licensed physician in the Commonwealth of Massachusetts.
VOTE ON AMENDMENT YES 158 NO 13
Article 30. Accept Provisions of Chapter 137 (Section 1) of the Acts of 2003
—Public Employees Serving in the Armed Forces of the United States.
UNANIMOUSLY VOTED that the Town accept the provisions of Chapter 137 (Section
1) of the Acts of 2003.
Article 31. Accept the Provisions of Massachusetts General Laws Chapter 41,
Section 100B — Indemnification of Retired Police Officers and Firefighters.
UNANIMOUSLY VOTED that the Town accept the provisions of Massachusetts
General Laws Chapter 41, Section 100B.
Article 32. Amend Chapter 115 Section 5 of the Town of North Andover By Laws
"Garbage, Rubbish and Refuse" - Refuse Restricted Activity. MAJORITY
VOTE to amend Chapter 115 of the Code of the Town of North Andover in Section 5
Refuse Restricted Activity as follows:
To delete the first paragraph of Section 115-5 and replace it with the following
paragraph:
To maintain compliance with the State solid waste facility regulation 310 CMR 19.017
the Town of North Andover enacts a mandatory bylaw which states that the following
will not be allowed in the garbage, rubbish and refuse/trash and the Town of North
Andover directs its contracted waste hauler or any party responsible for municipal waste
pickup not to pick up visible recycling at curbside, and these items will include the items
in the following paragraphs:
To insert the following paragraph at the end of Section 115-5:
Single Resin Narrow necked plastic — All narrow-necked plastic containers of
any resin type. In narrow-necked containers the diameter of the opening is
smaller than the diameter of the base (e.g., a soda bottle is "narrow-necked", but a
yogurt container is not)._
Recyclable Paper — all paper, cardboard, and paperboard products (e.g office
paper, newspaper, unwaxed cardboard and cereal boxes) excluding tissue paper,
toweling, paper plates, cups, and other low-grade paper products which become
unusable to paper mills as a result of normal intended use. (e.g. used paper
towels).
Cathode Ray Tubes (CRT's) — Any intact, broken, or processed glass tube used
to provide the visual display in televisions, computer monitors and certain
scientific instruments such as oscilloscopes. (3 10 CMR 19.006)
A vote to reconsider all articles not previously reconsidered was denied.
The meeting adjourned at 10:37 PM until Monday May 17, 2004 at the North
Andover High School Auditorium.
Article 33. Petition the Legislature-Amend Town Charter — New Section 10 —
Citizen Participation Mechanisms (Right of Initiative Petition and Right of
Referendum). To see if the Town will vote to authorize the Board of Selectmen to
petition the Massachusetts Legislature to Amend Chapter 2 of the Charter for the Town
of North Andover by adding the following section as described below, beginning with
Section 10 Citizen Petition Mechanisms; or take any other action relative thereto.
Furthermore, this Amendment will be subsequently subject to approval by a favorable
vote of the inhabitants of the Town of North Andover qualified to vote in elections and
town affairs, at the next annual town election after Legislative approval. The question
approving the Amendment shall appear on the ballot substantially the same as outlined in
MGL, Chapter 4313: Section 11.
Section 10 Citizen Participation Mechanisms
2-10-1 Right of Initiative Petition; Initiative Procedures.
Registered voters of the town may, by initiative petition propose to any annual or special
town meeting the passage of a measure and, if such measure not be passed by said town
meeting, may cause such measure to be submitted to the voters of the town for their
approval thereof as hereinafter provided. However, no measure shall be proposed by
initiative petition hereunder which: (1) makes a specific appropriation of money from the
treasury of the town other than an appropriation to pay for the costs of a study, (2)
amends the zoning map or zoning by-laws of the town, (3) increases taxes or fees, or (4)
proposes the submission to the voters of the town of an amendment to the charter.
An initiative petition shall set forth the full text of the measure proposed by the
petitioners, and shall be signed by not less than one hundred registered voters of the
town, each of whom shall sign his or her name and record his or her address on the
petition as they appear on the list of registered voters. The initiative petition shall be
submitted to the Town Clerk prior to the town meeting deadline for warrant articles.
Upon certification of signatures, Town Clerk shall forward the initiative petition to Town
Counsel.
If Town Counsel certifies that the measure proposed by the initiative petition does not
conflict with the constitution or laws of the Commonwealth, and that it includes only
subjects not excluded from the initiative by this section, the initiative petition shall then
be filed by him with the Board of Selectmen, who shall cause the measure proposed
therein to be included in the warrant for the annual or special town meeting as an
initiative article, so designated; provided, however, that if the Town Counsel shall fail,
within ten days following his receipt of an initiative petition, to notify the Board of
Selectmen in writing of his reasons for not certifying the petition, that petition shall be
deemed to have been certified by him, and the Board of Selectmen shall cause the
measure therein proposed to be included in the warrant as an initiative article, so
designated.
Whenever an initiative article is included in the warrant for an annual or special town
meeting, the moderator shall give to the first named signer of the initiative article, or his
designee, the privilege of making the first motion under the initiative article, which shall
be in the words of the proposal in the article.
The moderator shall not accept any amendments or substitute motions without the
express approval of the person offering the first motion under the initiative article. Action
under an initiative article shall be taken by majority, two-thirds or such other vote as may
be required by the nature of such action under applicable state laws.
If such annual or special town meeting shall dissolve without having adopted, enacted or
voted passage of the motion presented under an initiative article, but if at least one-fifth
of the total number of town meeting voters voting upon the motion shall have voted in the
affirmative, the original petitioners of the initiative article may complete their petition by
filing with the Board of Selectmen an additional number of signatures of registered voters
of the town which, when combined with the signatures of the original petitioners, will
equal in number not less than fifteen percent of the total number of persons registered to
vote in the town. Each additional signatory voter shall sign his or her name, and record
his or her address upon the petition as they appear on the list of registered voters, and all
such additional signatures shall be gathered not earlier than the day after which the town
meeting dissolved, and shall be filed with the Board of Selectmen as set forth above not
later than sixty days, exclusive of Sundays and legal holidays, following the dissolution.
The Board of Selectmen shall forthwith send such signatures to the Board of Registrars
for certification.
If the annual or special town meeting shall have adopted, enacted or voted passage of any
other separate motion as an alternative to the initiative article motion, such other motion
to be designated an alternative motion by Town Counsel, the original petitioners of the
initiative article may in like manner complete their initiative petition by filing with the
Board of Selectmen an additional number of signatures, all as provided in the next
paragraph.
Within ten days after the filing of the completed initiative petition, and the Board of
Registrars having certified the required number of signatures, the Selectmen shall issue a
call for a special election, which shall be held within thirty five days after the issuing of
that call, for the purpose of presenting to the voters the measure proposed in the initiative
petition which has been acted upon unfavorably by the town meeting, and any alternative
measure which may have been adopted by the town meeting, provided, however, that the
election shall not be held during the exclusionary period from June 30th to September
7th. In the event a special election has been scheduled during this exclusionary period for
other reasons, then the exclusionary period will not apply and the special election for the
initiative petition measure will be held on the same date as the other scheduled special
election. Both the initiative petition measure and any alternative measure shall appear
upon the ballot to be voted upon by the voters, and shall be stated in the same language
and form used in the motions acted upon by town meeting.
If a majority of the voters shall vote in the affirmative, with at least twenty percent of
registered voters voting, on either the initiative article motion or upon the alternative
motion, the measure voted upon in the affirmative by the number of voters thus required,
or the measure receiving the larger number of votes if conflicting measures are approved
shall take effect immediately or at such later time as may be specified in the measure, or
if it be a by-law subject to the approval of the Attorney General, it shall take effect
subject to Section 32 of Chapter 40 of the General Laws; provided, however, that any
measure the passage of which shall by law require a two-thirds affirmative vote in a town
meeting shall, if proposed by an initiative petition, or if it be an alternate measure
adopted by the town meeting, shall require the affirmative vote of two-thirds of the voters
voting at the special election called under this section. Any measure proposed by
initiative petition, or adopted by affirmative vote of the town meeting, and approved by
the voters of the town under this section shall, after a period of 12 months, be subject to
amendment, revision or repeal by town meeting, providing that such action does not
conflict with the constitution or laws of the Commonwealth.
No provision in this section shall negate or in any way limit the right of ten or more
registered voters to have an article inserted in the annual town meeting warrant at their
written request, or the right of one hundred registered voters of the town to have an
article inserted in a special town meeting warrant at their written request, all as provided
for in Chapter 39, Section 10, of the General Laws.
No provision in this section shall negate in any way the Massachusetts General Laws,
North Andover Charter and North Andover Bylaws governing the conduct and other
requirements of special and annual town meetings.
2-10-2 Right of Referendum; Referendum Procedures
A vote passed at any town meeting authorizing the expenditure of fifty thousand dollars
or more as a special appropriation, or establishing a new board or office or abolishing an
old board or office or merging two or more boards or offices, or fixing the term of office
of town officers, where such term is optional, or increasing or reducing the number of
members of a board, or adopting a new by-law, or amending an existing by-law, shall not
be operative until after the expiration of ten days, exclusive of Sundays and holidays,
from the dissolution of the meeting. If, within ten days, a petition, signed by not less than
three per cent of the registered voters of the town, containing their names and addresses
as they appear on the list of registered voters, is filed with the selectmen asking that the
question or questions involved in such a vote be submitted to the registered voters of the
town at large, then the selectmen, after the expiration of five days, shall forthwith call a
special election for the sole purpose of presenting to the registered voters at large the
question or questions so involved. The polls shall be opened at seven o'clock in the
morning and shall be closed not earlier than eight o'clock in the evening, and all votes
upon any questions so submitted shall be taken by ballot, and the check list shall be used
in the several precinct meetings in the same manner as in the election of town officers.
The questions so submitted shall be determined by a majority vote of the registered voters
of the town voting thereon, but no action of the town meeting shall be reversed unless at
least twenty per cent of the registered voters shall so vote. Each question so submitted
shall be in the form of the following question, which shall be placed upon the official
ballot:--""Shall the town vote to approve the action of the town meeting whereby it was
voted (brief description of the substance of the vote and by what vote thereon if such vote
was tabulated)?" If such petition is not filed within the period of ten days, the vote of the
town meeting shall become operative and effective upon the expiration of said period.
Absent voter ballots shall be used at such election in accordance with the provisions of
chapter fifty-four.
ARTICLE 33 DEFEATED AS MOVED BY ALBERT F. MOVSESIAN.
Article 34. Amend Chapter 170 (Underground Utilities) of the General Bylaws by
Expanding the Definition of Old Common Area. UNANIMOUSLY VOTED to
amend paragraph D of Section 3 of Chapter 170 — Underground Utilities Bylaw by
inserting after "Old Common" the words "Area: along the former Essex Street from
Academy Road to Great Pond Road;"; or to take any other action relative thereto.
Chapter 170, Section 3, Paragraph D now reads:
D. Old Common: along Osgood Street from Bay State Road to the
intersection of Andover Street. Along Andover Street from Academy
Road to the intersection with Chestnut Street, along Massachusetts
Avenue from 200 feet northwest of the intersection with Osgood Street
through the Old Center to Salem Street and Johnson Street to Milk Street
and along Great Pond Road from Academy Road 200 feet to the east
toward Stevens Street. [Added by Article 21 2001 Annual Town Meeting.
Approved by Attorney General September 12, 200 1]
Amended Section D to read:
D. Old Common Area: along the former Essex Street from Academy Road to
Great Pond Road; along Osgood Street from Bay State Road to the
intersection of Andover Street. Along Andover Street from Academy Road
to the intersection with Chestnut Street, along Massachusetts Avenue from
200 feet northwest of the intersection with Osgood Street through the Old
Center to Salem Street and Johnson Street to Milk Street and along Great
Pond Road from Academy Road 200 feet to the east toward Stevens Street.
[Added by Article 21 2001 Annual Town Meeting. Approved by Attorney
General September 12, 2001]
Article 35. Petition the General Court - Authorization of Utility Easement —
Drummond Playground. UNANIMOUSLY VOTED to authorize the Board of
Selectmen to grant a utility easement to Massachusetts Electric Company on a parcel of
land situated on the southwesterly side of Johnson Street, being shown on Assessor's
Map 96 as Lot 32 with the easement being shown on a plan described as "North Andover
OH to UG Commons Project" which is on file with the Town Clerk's office on such
terms as the Selectmen deem to be in the best interest of the Town of North Andover and
authorize a petition to the Massachusetts Legislature for special legislation to accomplish
the foregoing.
Article 36. Petition the General Court - Authorization of Utility Easement— Town
Common Area. UNANIMOUSLY VOTED to authorize the Board of Selectmen to
grant a utility easement to Massachusetts Electric Company and Comcast of
Massachusetts on a parcel of land situated on the northeasterly side of Osgood Street, the
southwesterly side of Massachusetts Avenue, and the northerly side of Andover Street,
being shown on Assessor's Map 59 as Lot 19 with the easement being shown on a plan
described as `North Andover OH to UG Commons Project" which is on file with the
Town Clerk's office on such terms as the Selectmen deem to be in the best interest of the
Town of North Andover and authorize a petition to the Massachusetts Legislature for
special legislation to accomplish the foregoing.
Article 37. A Plan for Beaver Control and Associated Bylaw.
UNANIMOUSLY VOTED that the Town amend the General Bylaws of the Town of
North Andover by inserting a new Chapter 73 — Beaver Bylaw — Protection From
Damage Due to Beaver Dams and Blockages to read as follows:
CHAPTER 73
BEAVER BYLAW—PROTECTION FROM DAMAGE DUE TO BEAVER DAMS
AND BLOCKAGES
Section 73.1: Purpose
The Town of North Andover hereby enacts this Bylaw, in strict compliance with
Massachusetts General Laws Chapter 131, Section 80A, as amended (`Section 80A'), and
all other applicable Federal and State laws, rules, and regulations (altogether, the
`Rules'), for the efficient protection of human health and safety and public and private
property from damage resulting from beaver or other animal-related dams and blockages.
Section 73.2: Board of Health Responsible
This bylaw affirms the above Rules and specified processes and directs that the Rules be
followed in their word and their intent in the Town of North Andover. The emphasis shall
be on creating an implementation that, consistent with the Rules, is effective and efficient
and minimally burdensome on the Town and its residents and property owners over both
the short and the long term. The North Andover Board of Health shall take a leadership
role and primary responsibility in defining and managing that implementation.
Section 73.3: Clarify interpretation of Section 80A
The Board of Health will actively work to formally clarify the meaning of any portions of
Section 80A about which there is doubt or differing interpretation, consistent with other
applicable laws, rules, regulations, and judicial decisions in Federal and State courts.
Section 73.4: Responsibility of Property Owners
It shall be the duty of each property owner to manage any dams or blockages on their
property in accordance with all applicable laws, rules, and regulations, and so as to
minimize or eliminate damage or threat to human health and safety of others.
Section 73.5: Town as Property Owner
As property owner, the Town is responsible for the management of dams or blockages on
Town property.
Section 73.6: Board of Health to Notify Responsible Parties
In cases where the Board of Health determines, consistent with Section 80A, that there is
a threat to human health or safety due to a dam or blockage on a particular property, the
Board will immediately notify the property owner and direct that the property owner
immediately resolve the problem consistent with Mass. General Laws Chapter 111,
Section 123.
Section 73.7: Town Departments as Specialists
The Board of Health and the Conservation Commission will actively assist in the
resolution of difficulties between property owners around these issues, and assist and
provide guidance to private property owners in the management of their own difficulties
in this regard.
Section 73.8: Long Term Site Management Plans
The Board of Health, working with the Massachusetts Division of Fisheries and Wildlife
(DFW), will take an active, leadership role in the development and approval of a
comprehensive, practical, long term management plan for each site where there is
determined to be an issue within the scope of Section 80A.
The Town will store all such plans, make available copies for use in other situations
where a plan is being developed, and provide copies at cost whenever requested;
preferably also making all such plans freely available on the Town website for easy
reference.
A long term plan shall be for a site, not an individual. As such, a long term plan may run
with the land.
All persons to whose property access is required to implement a long term plan, or whose
property is affected by the problem, may be a part of the preparation of and agreement to
such plan.
A long term plan shall be for the foreseeable future, although any plan is modifiable
whenever the need arises. Such plans shall be written and shall be specific about what is
to be done, who is responsible, the geographic area of the site, and what inspections are
to be performed to verify that the plan is being followed.
A long term plan should strive to minimize the number of other permits required to be
obtained and kept in effect.
Section 73.9: Sewer Pumping Stations
In addition to continuing to work together for the protection of our sewer pumping
stations and our water supply, the Division of Public Works and the Water and Sewer
Departments (herein DPW+W+S) shall be knowledgeable about all waterways near or
affecting sewer pumping stations. The DPW+W+S shall proactively address any site
where a dam or blockage is likely to impact a sewer pumping station.
Section 73.10: Fees
The Board of Selectmen is authorized to establish a comprehensive fee schedule under
this bylaw. Said fee schedule, to the extent allowed by law, shall supersede related fee
schedules established by other town departments and/or boards. The intent of this section
is to establish one unified fee structure relating to beaver control.
Section 73.11: Severability
If any provision of this bylaw is determined to be invalid, such determination shall not
affect the validity of the other provisions of this bylaw, which other provisions shall
remain in full force and effect.
Article 38. Amend ZoninjZ Bylaw — Section 4.2 Phased Development.
UNANIMOUSLY VOTED to amend the Zoning Bylaw of the Town of North Andover
by deleting Section 4.2 Phased Development in its entirety and replacing it with the
following:
4.2 Phased Development By-law
1. Intent and Purpose.
The purpose of this section is to ensure that development occurs in North Andover in
a strategic, orderly and planned manner that allows for the preparation and
maintenance of high quality municipal services for an ever-expanding residential
population, while at the same time allowing reasonable residential development
during such preparation that does not infringe on the quality of life or municipal
services provided for the residents of the Town of North Andover, in order to provide
for high quality and reliable municipal services such as, but not limited to, fire and
police protection, educational facilities and programs and available clean water
resources. This section establishes a strategic development rate consistent with recent
historical average development rates for residential development in order to ensure
that development occurs in an orderly and planned manner as it relates to the Town's
ability to provide high quality and effective services for its citizens and protect its
resources necessary for sustaining the present and future quality of life enjoyed by its
citizens.
2. Definitions.
For the purposes of this Bylaw, the following terms shall have the following meaning:
(a) "Anniversary date" for each subdivision, special permit, or contiguous Form A
lots under this provision shall be no earlier than the date on which all required
approvals required for a building permit have been obtained.
(b) "Developer" any individual who either as an individual, a beneficial owner of a
real estate trust, a partner in a partnership, or an officer or owner of a corporation,
requests one or more building permits for the construction of new dwelling units.
(c) "Development" shall mean a single parcel or set of contiguous parcels of land
held in substantial common ownership, regardless of form, at any time on or after
the date of adoption of this bylaw, for which one or more building permits are
sought.
(d) "Phased Development Schedule" shall mean a schedule authorized by the
Planning Board or its authorized designee in accordance with this Section, which
outlines the maximum building permit issuance per development.
3. Regulations.
(a) Beginning on the effective date of this section, no building permit for a new
residential dwelling unit or units shall be issued unless in accordance with the
regulations of this section, or unless specifically exempted in Section 6 below, or
by the provision of MGL, s. 40A, c. 6.
(b) The regulations of this section shall apply to all definitive subdivision plans,
subdivisions not requiring approval, contiguous Form A lots held in common or
related ownership on the effective date of this by-law, site plan review
applications, and special permits, which would result in the creation of a new
dwelling unit or units. Dwelling units shall be considered as part of a single
development for purposes of development scheduling if located either on a single
parcel or contiguous parcels of land that have been in the same ownership at any
time on or subsequent to the date of adoption of this section.
(c) For all building lots/dwelling units covered under Subsection 3(b), the Planning
Board is authorized to approve a Phased Development Schedule for that lot/unit in
accordance with Section 4a.
(d) The request for authorization of a Phased Development Schedule shall be made
on forms provided by the Planning Board. Requests will include any and all
information necessary to demonstrate eligibility and compliance with these
regulations.
(e) No building permits for new dwelling units shall be issued until the Phased
Development Schedule has been recorded in the Essex County Registry of Deeds
and a certified copy of the Phased Development Schedule has been filed with both
the Planning and Building Departments.
(f) Upon transfer of any lot or unit subject to this section, the deed shall reference the
Phased Development Schedule and state the earliest date on which construction
may be commenced in accordance with the provision of this bylaw.
(g) If a proposed subdivision includes any lots that are within 500 feet of lots in
another subdivision held in common or affiliated ownership, then both
subdivisions shall be construed to be a single subdivision for the purposes of this
Bylaw.
(h) Lot lines for Form A lots shall be defined when the Form A lots have been
approved by the Planning Board or an authorized agent. Subsequent changes in
the shape or ownership of lots shall not render the provisions of this Bylaw void.
(i) Building permits shall be issued in accordance with the Phased Development
Schedule. However, the Planning Board may, without a public hearing and upon
written request from the applicant, permit up to twice the allowed annual
maximum permitted for that project under the provisions of this Bylaw, provided
that building permits issued in succeeding years shall be limited to less than the
permitted maximum, if necessary, to insure that the overall number of allowed
permits is not exceeded.
0) The Planning Board, in conjunction with the Building Inspector, shall be
responsible for administering this section of the Bylaw. Accordingly, the
Planning Board shall adopt and publish reasonable regulations for carrying out its
duties under this section. In particular, these regulations shall address the
conditions and processes for authorizing building permits on an annual basis.
4. Phased Development Schedule
(a) Building permits for new dwelling units shall be authorized in accordance with
the following Phased Development Schedule:
Maximum Units
for
Number of Units in Minimum Years which Building
Records
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.
(b) The number of lots eligible for building permits in the first year of the
development shall be prorated from the anniversary date to December 31.
Fractions of.5 or greater shall be rounded up to the nearest number and fractions
less than .5 shall be rounded down.
(c) If as a result of an applicant seeking approval of a second plan of development on
a parcel of land for which authorizations have been previously granted, a second
plan is approved, a new Phased Development Schedule shall be established. The
second schedule shall supersede the first Phased Development Schedule at the
time a building permit is issued based on the second plan for any lot lying wholly
or partially within the parcel subject to the new development schedule.
(d) The Planning Board, in approving the second plan, shall determine the number of
authorizations from the first plan that would be abated based on the second plan's
approval. This number shall be used by the Building Inspector in revising the
authorization schedules due to abatements.
5. Requirements.
(a) All definitive subdivisions, Form A approvals, special permits, and site plan
review applications shall include a proposed Phased Development Schedule by
the applicant.
(b) Phased Development Schedules.
i. Phased Development Schedules shall be determined by the Planning Board at
the time of approval of any such application. Such schedules shall be
included as a condition of approval of the application.
ii. The Building Inspector shall be authorized to issue revised Phased
Development Schedules based solely on approvals granted by the Planning
Board.
iii. All Phased Development Schedules with approved authorization shall be
recorded with the application approval decision with the Town Clerk. No
building permits shall be issued pursuant to the schedule until the applicant
records the approval decision with the Phased Development Schedule at the
Registry of Deeds.
6. Exemptions.
The following developments are specifically exempt from the provisions of this
bylaw.
a) An application for a building permit for the enlargement, restoration, or
reconstruction of a dwelling in existence as of the effective date of this by-law,
provided that no additional residential unit is created.
b) Definitive subdivision approvals, special pen-nits, Form A lots and site plan
approvals, and development schedules made and approved prior to the date of
adoption of this by-law shall be exempt from the provisions of this by-law. The
Planning Board shall have sole and exclusive authority to render all decisions on
exemption requests.
c) Dwelling units for low and/or moderate income families or individuals, where all
of the following conditions are met:
i. Occupancy of the units is restricted to households qualifying under Local
Initiative Programs and the New England Fund as administered by the
Massachusetts Department of Housing and Community Development.
ii. The affordable units are subject to a properly executed and recorded in
perpetuity deed restriction running with the land that shall limit the
succeeding resale price to an increase of 10 percent, plus any increase in the
consumer price index, plus the cost of any improvements certified by the
Building Inspector.
d) Dwelling units for senior residents, where occupancy of the units is restricted to
senior persons through a properly executed and recorded in perpetuity deed
restriction running with the land. For purposes of this Section"senior" shall mean
persons over the age of 55.
e) Development projects which voluntarily agree to a minimum 40% permanent
reduction in density, (buildable lots), below the density, (building lots), permitted
under zoning and feasible given the environmental conditions of the tract, and as
determined and approved by the North Andover Planning Board with the surplus
land equal to at least ten buildable acres and permanently designated as open
space and/or farmland. The land to be preserved shall be protected from
development by an Agricultural Preservation Restriction, Conservation
Restriction, and dedication to the Town, or other similar mechanism approved by
the Planning Board that will ensure its protection.
f) Any tract of land existing and not held by a Developer in common ownership with
an adjacent parcel on the effective date of this Section shall receive a one-time
exemption from the Development Scheduling provisions for the purpose of
constructing one single family dwelling unit on the parcel.
7. Zoning Change Protection
Any protection against zoning changes provided by M.G.L. c. 40A, s. 6, shall be
extended to the earliest date on which the final unit in the development could be
authorized under this bylaw.
8. Severability
The provisions of this by-law are hereby declared severable and if any provision shall
be held invalid or unconstitutional, it shall not be construed to affect the validity or
constitutionality of any of the remaining.
9. Expiration
The provisions of this Section 4.2 shall expire on July 1, 2009; however, by a vote of
Town Meeting, before said date, the provisions of this Section 4.2 may be extended from
an additional four (4) years in order to continue municipal comprehensive planning
studies necessary to promote orderly growth. In the event said action is taken by Town
Meeting prior to July 1, 2009, these provisions shall be construed to have lapsed on such
date.
Article 39. Amend Zoning Bylaw—Delete Section 8.7 Growth Management.
UNANIMOUSLY VOTED to adopt Article 39 as printed in the warrant and delete
Section 8.7 Growth Management Bylaw of the North Andover Zoning Bylaw.
Article 40. Amend Zoning Bylaw Sections 4.122 Residence 4 District (Permitted
Uses), Paragraph 14.
VOTED to adopt Article 40 as printed in the warrant with the following
amendment: Delete in 4.122.14 Residential 4 District Section C. 9. "Main
entrances to the dwelling units shall be permitted only in the front of the structure".
4.122.14 Residence 4 District (Permitted Uses)
a. One Family Dwelling.
b. Two family dwellings, by special permit from the Zoning Board of Appeals in
accordance with Sections 10.3 and 4.122.14.1 of this Bylaw.
c. The conversion of an existing one-family to a two-family dwelling, by special
permit from the Zoning Board of Appeals in accordance with Sections 10.3 and
4.122.14.1 of this Bylaw, provided that conversion from a one-family to a two-
family dwelling meets the following additional requirements:
1. If a conversion involves increasing the size of an existing
structure, the expansion area shall not exceed 50% of the original
building's gross floor area up to a maximum of 1500 s.f.. The
size of the second dwelling unit can never exceed 1500 s.f.
2. There must be two parking spaces for each dwelling unit.
3. No parking/driveway shall be permitted within 10 feet of any lot
line.
4. No garage or carport shall face the street unless it is located at
least 10 feet behind the front fagade of the principal structure and
in accordance with the dimensional setbacks outlined in Table 2
of this Bylaw.
5. The converted structure shall meet all of the dimensional
requirements of the R-4 District identified in Table 2 of this
Bylaw.
6. Stairways leading to the second or any higher floor shall be
enclosed.
7. The principal building in a conversion to a two-family dwelling
shall share a connected common wall (or floor) for at least 75%
of the wall's (or floor's) surface. No unheated structure, no
structure without foundation, and no structure that is entirely or
partially a garage shall be considered as meeting the 75%
requirement.
8.
L) The conversion of a one-family dwelling to a two-family
dwelling must not result in any portion of the post-conversion
roofline height exceeding the pre-conversion roofline height by
more than five (5) feet.
ii.) The conversion of a one-family dwelling to a two-family
dwelling must not significantly increase or decrease the pitch
of any additional post-conversion roof area.
9. Main entrances to the dwelling units shall be permitted only
in the front of the structure.
d. The conversion of an existing dwelling to accommodate not more than five (5)
residential units, by special permit from the Zoning Board of Appeals in
accordance with Sections 10.3 and 4.122.14.1 of this Bylaw. The conversion of a
single family dwelling to a two-family dwelling must comply with the provisions
of Sections 10.3, 4.122.14.c. and 4.122.14.1.
14.1 Special Permit Granting Criteria for Two-Family Dwelling and One-Family to
Two-Family or Multi- Family Conversions.
a. The Zoning Board of Appeals may approve a special permit for a proposed use of a
building, dwelling or structure provided by Section 4.122.14.b., 14.c or 14.d upon
finding that the application complies with the purposes of this Bylaw, and is
consistent with the use of the site for the purpose permitted within the Residential 4
District. In making its decision, the Zoning Board shall consider the following criteria
in addition to those listed in Section 10.31:
1. Consistency with the North Andover Master Plan.
2. The degree to which the proposed use furthers the Town's interest in providing a
range of housing types, where applicable.
3. The degree to which the application addresses the following design standards:
i) Achieve compatibility with the established pattern of uses in the district.
The Residential 4 District consists primarily of single-family dwellings
near the Stevens Memorial Library Area and off of Massachusetts
Avenue, and more compact neighborhoods with a mix of residential uses
toward Waverly Road. New construction or substantial alteration of
buildings must compliment and reinforce the design features of these
neighborhoods.
Achieve design compatibility with architectural features and exterior
materials of surrounding structures.
iii) Preserve existing structures of historic value. Buildings, dwellings or
structures listed on the National Register of Historic Places or the State
Register, and are more than 50 years old as of the date of application for a
special permit, may be converted, constructed, reconstructed, restored or
altered only in a manner that maintains or promotes their status as listed or
eligible historic resources. For purposes of zoning compliance, additions
or alterations that adhere to the U.S. Secretary of the Interior's Standards
for the Treatment of Historic Properties will generally be presumed to
maintain or promote such status.
iv) Preserve established, mature vegetation.
b. The right to apply for a special permit to convert an existing dwelling shall extend to
any dwelling to be converted for use as a dwelling of not more than five (5)
residential units, and meeting all requirements of the State and Town Statutes and
Bylaws, including the Health Codes, Building Codes, Zoning Laws and Zoning
Bylaws. Proof of ownership must be supplied with the application.
VOTED MAY 17, 2004 YES 146 NO 17
Article 41. Amend Zoning Bylaw Section 9.3 Pre-Existing Non-conforming Single
and Two Family Residential Structures and Uses in the Residential 1, Residential 2,
Residential 3, Residential 4 and Residential 6 Districts (NON-CONFORMING-
USES).
NON-CONFORMINGUSES). VOTED to amend Section 9.3 of the North Andover Zoning Bylaw by
changing the phrase "pre-existing non-conforming single and two family residential
structures" to "pre-existing non-conforming single family residential structures" in titles
and text in five (5) places, thus eliminating pre-existing non-conforming two family
residential structures from the provisions of this section. Amended Section 9.3 to read as
follows Existing Non-conforming Single Family Residential Structures and Uses in the
Residential 1, Residential 2, Residential 3, Residential 4 and Residential 6 Districts:
a. Pre-existing Non-conforming Single Family Structures: Pre-existing non-
conforming single family residential structures in the R1, R2, R3, R4 and R6
Districts, may be changed, extended or altered, provided that there is a finding by
the Zoning Enforcement Officer (Building Commissioner) that such change,
extension, or alteration shall not render the structure more non-conforming than
the existing structure. Upon such determination, a building permit may be issued
where applicable. The following circumstances shall be deemed not to increase
the nonconforming nature of said structure:
1. Alteration of a structure which complies with all current yard setbacks,
building coverage, and building height requirements but is located on a lot
with insufficient area, where the structure after alteration will comply with
all of current Bylaw requirements except for lot area.
2. Alteration to a structure which complies will all current yard setbacks,
building coverage, and building height requirements but is located on a lot
with insufficient frontage, where the structure after alteration will comply
with all of current Bylaw requirements except for frontage.
3. Alteration to a structure which encroaches upon one or more required yard
setbacks, where the structure after alteration will comply with all current
bylaw requirements except for yard setbacks (the provisions of this clause
shall apply regardless of whether the lot complies with current area and
frontage requirements).
4. Alteration of a structure which encroaches upon one or more required yard
setbacks, where the altered part of the structure will comply with all
current yard setbacks, or the alteration is to the side or face of the structure
which encroaches upon a required yard setback, and the alteration does not
further encroach upon the required yard setback. In either case, the altered
structure must comply with current building coverage and building height
requirements (the provisions of this clause shall apply regardless of
whether the lot complies with current area and frontage requirements).
5. Alteration to a nonconforming structure which will not increase the
footprint of the existing structure provided that existing height restrictions
shall not be exceeded.
In the event that the Zoning Enforcement Officer (Building Commissioner)
determines that the nonconforming nature of such structure would be increased by
the proposed extension, alteration, or change, the Zoning Board of Appeals may,
by special permit, allow such extension, alteration, or change where it determines
that the proposed modification will not be substantially more detrimental than the
existing nonconforming structure to the neighborhood.
b. Pre-existing Nonconforming Single Family Structures: No portion of
this Section 9.3, Pre-Existing Non-Conforming Single Family Structures and Uses
in the Residential 1, Residential 2, Residential 3, Residential 4 and Residential 6
Zoning Districts shall be construed to allow for any uses other than those
expressly allowed as defined in each above listed zoning district of the Zoning
Bylaw.
VOTED MAY 17, 2004 YES 126 NO 12
Article 42. Amend Zoning Bylaw Add New Section 4.3 Section Residential
Adaptive Re-Use Special Permit. UNANIMOUSLY VOTED to adopt a new Section,
Section 4.3 Residential Adaptive Re-Use Special Permit within the Town of North
Andover Zoning Bylaw, as listed below:
Section 4.3, Residential Adaptive Re-Use Special Permit
1. Intent
The Residential Adaptive Re-Use Special Permit is hereby established as a
Special Permit in the R1, R2, R3 and R4 residential districts on lots that are directly
contiguous to lots in non-residentially zoned districts established by this Bylaw.
2. Purpose
The purpose of this special permit is to encourage the creative re-use and
conversion of existing residential structures adjacent to commercial and industrial
parcels to a commercial use or mixed use in order to preserve historical structures,
provide for additional tax revenue for the Town, provide flexibility to landowners,
and to create a transition between residential and business areas.
3. Applicability/Eligibility
A lot is eligible to receive a Residential Adaptive Re-Use Special Permit based on
the provisions of Section 4.3(6) of this Bylaw, only if at the time of application (and
based on the Zoning Map in effect at that time) the subject lot is:
A) within the R1, R2, R3 and R4 districts; AND
B) is directly contiguous (i.e. directly touching and not separated by a roadway or
another parcel) to a parcel in a non-residential district (131-134, VC, GB, I1-3 and
IS).
4. Permitted uses by Special Permit include:
A) Existing residential uses;
B) Multi-family dwelling;
C) Uses which involve historic materials or relate to the attraction provided by an
historic atmosphere, such as museums, local arts and crafts shops, antique
shops, woodworking, furniture repair, or restaurants;
D) Enterprises whose principal use is the sale of agricultural products, such as
greenhouses, orchards, nurseries, food co-ops, or farm products stores.
E) Enterprises whose principal use is the sale of products produced in North
Andover, such as local agricultural products or crafts;
F) Personal service office;
G) Professional offices;
H) Business offices;
I) Medical offices;
J) Community resources such as banks, churches, schools, or libraries;
K) Interior storage uses such as for boats or furniture; and
L) Any appropriate combination as determined by the ZBA of the uses stated
above.
5. Performance Standards, Restrictions &Additional Requirements
A) Permitted uses shall be limited to the existing structures on the lot. However,
in addition to ZBA special permit approval for the proposed use, an applicant
may apply to the ZBA for a special permit to expand the size of the existing
structures by up to 25% of the footprint of the structure as it existed on the date
of enactment of the Residential Adaptive Re-Use Special Permit.
B) The use permitted by this Special Permit shall not be considered objectionable
or detrimental to the residential character of the neighborhood due to the
exterior appearance, emission of odor, gas, smoke, dust, noise, disturbance, or
in any other way objectionable to or detrimental to any residential use within
the neighborhood
C) There will be no display of goods or wares visible from the street, with the
exception of locally produced agricultural goods.
D) There shall be no exterior alterations that are not customary or harmonious
with the residential character of the building.
E) Any additions to the structure above must comply with the setbacks and
dimensional requirements of the corresponding residential district and non-
conforming uses must comply with the requirements outline in Section 9 of
this Bylaw.
F) No more than 25% of the existing structure may be demolished.
G) A minimum of 30% of the remaining lot area must remain permeable material
such as, but not limited to, vegetation, mulch, and trees, unless specifically
waived by the Planning Board during site plan review.
H) Any new parking must meet the current parking requirements as designated in
Section 8.1, Off Street Parking, shall be located to the rear or side of the
building, and shall be screened from the road and abutting properties to be
compatible with the character of the neighborhood. Screening shall consist of
one or more of the following: fencing, vegetation, flora, deciduous shrubs
and/or trees.
I) The ZBA and Planning Board may grant special permits for prospective uses
and site plans in order that owners may renovate for approval for specific
businesses or tenants. Evidence shall be provided that the project is in
accordance with the current North Andover Master Plan and if applicable, with
the guidelines set forth in The Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised
1983) (36CFR67) in terms of the rehabilitation of the building and its site.
6. Application and Approval Procedure
A) In order to obtain a Residential Adaptive Re-Use Special Permit, an applicant
must receive a special permit from the North Andover ZBA approving the
intended use and any proposed expansion in accordance with Section 9.3(5) of
this By-Law.
B) After such approval has been obtained from the ZBA, the applicant must
obtain a Site Plan Special Permit from the Planning Board as referenced in
Section 8.3 of the Town of North Andover Zoning Bylaw.
Article 43. Amend Zoning Bylaw Section 4.137 Delete and Replace with FEMA
Language. UNANIMOUSLY VOTED to amend Section 4.137 of the Zoning Bylaw
of the Town of North Andover to incorporate revisions suggested by FEMA,
incorporating their model Bylaw by updating the Massachusetts State Building Code
references from 2102 to Section 3107 in all locations, updating the NFIP State
Coordinator's mailing address, noting that within Zone A of the Flood Plain District, the
Wetlands Protection Act may require the base flood elevation to be determined by
engineering calculations, and addition of a new Section 7, Definitions. Section 4.137
should be deleted in its entirety and replaced with the following language:
Amended Section 4.137 to read:
4.137 Floodplain District
1. STATEMENT OF PURPOSE
The purpose of the floodplain District is to:
Ensure public safety through reducing the threats to life and personal injury.
Eliminate new hazards to emergency response officials;
Prevent the occurrence of public emergencies resulting from water quality,
contamination, and pollution due to flooding.
Avoid the loss of utility services which if damaged by flooding would disrupt or shut
down the utility network and impact regions of the community beyond the site of
flooding;
Eliminate costs associated with the response and cleanup of flooding conditions;
Reduce damage to public and private property resulting from flooding waters.
2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD
EVALUATION AND FLOODWAY DATA
The Floodplain District is herein established as an overlay district. The underlying
permitted uses are allowed provided that they meet the Massachusetts State Building
Code, Section 3107, "Flood Resistant Construction" and any other applicable local, state
or federal requirements. The District includes all special flood hazard areas designated on
the North Andover Flood Insurance Rate Map (FIRM) issued by the Federal Emergency
Management Agency (FEMA) for the administration of the NEIP dated June 2, 1993 as
Zone A, AE, AH, AO, A99, and the FEMA Flood Boundary & Floodway Map dated
June 2, 1993, both maps which indicate the 100 year regulatory floodplain. The exact
boundaries of the District may be defined by the 100-year base flood evaluations shown
on the FIRM and further defined by the Flood Insurance study booklet dated June 2,
1993. The FIRM, Floodway Maps and Flood Insurance Study booklet are incorporated
herein by reference and are on file with the Town Clerk, Planning Board, Building
Official, and Conservation Commission.
3. BASE FLOOD ELEVATION AND FLOODWAY DATA
Floodway Data. In Zone A, AH, A99 and AE, along watercourses that have not had a
regulatory floodway designated, the best available Federal, State, local or other floodway
data as determined by the Building Inspector, in consultation with the Director of the
Division of Public Works, shall be used to prohibit encroachments in floodways which
would result in any increase in flood levels within the community during the occurrence
of the base flood discharge.
Base Flood Elevation Date. Base flood elevation data is required for subdivision
proposals or other developments greater than 50 lots or 5 acres, whichever is the lesser,
within unnumbered A zones.
Areas designated as flood plain on the North Andover Flood Insurance Rate Maps may
be determined to be outside the flood plain district by the Building Inspector, in
consultation with the Director of the Division of Public Works, if an accurate topographic
and property line survey of the area conducted by a registered professional engineer or
land surveyor shows that the flood plain contour elevation does not occur in any area of
proposed buildings, structures, improvements, excavation, filling, paving, or other work
activity. The person requesting the determination shall provide any other information
deemed necessary by the Building Inspector, in consultation with the Director of Division
of Public Works to make that determination. If the Building Inspector, in consultation
with the Director of the Division of Public Works, determines that the Flood Insurance
Rate Maps are in error, the subject area shall not be regulated as occurring within the
Flood Plain District, and any such determination shall be noted on the Flood Insurance
Rate Maps. Nothing in this section shall prohibit the Conservation Commission, Board
of Health, or other Town officials or Board from making non-zoning determinations of
the flood plain or performing their official duties.
4. NOTIFICATION OF WATERCOURSE ALTERATION
If a landowner or project proponent proposes to alter or relocate any watercourse, that
person shall notify the following parties and provide evidence of such notification to
every town board or official who has jurisdiction over such alteration or relocation prior
to or at the time of applying for any approval that is required to perform such alteration of
relocation:
Notify in a riverine situation, the following of any alteration or relocation of a
watercourse:
Adjacent Communities
Bordering States
NFIP State Coordinator
Massachusetts Office of Water Resources
251 Causeway Street Suite 600-700
Boston, MA 02114-2104
4. NFIP Program Specialist
FEMA Region I, Rm. 462
J.W. McCormick Post Office & Courthouse
Boston, MA 02109
5. REFERENCE TO EXISTING REGULATIONS
The Floodplain District is established as an overlay district to all other districts. All
development in the district, including structural and non-structural activities, whether
permitted by right or by special permit must be in compliance with Chapter 131, Section
40 of the Massachusetts General Laws and with the following:
Section of the Massachusetts State Building Code which addresses Floodplain and
coastal high hazard areas (currently 780 CMR 3107.0 "Flood Resistant Construction");
Wetlands Protection Regulations, Department of Environmental Protection (DEP)
(currently 310 CMR 10.00);
Inland Wetlands Restriction, DEP (currently 302 CMR 6.00);
Coastal Wetlands Restriction, DEP (currently 302 CMR 4.00);
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently
310 CMR 15, Title 5);
Any variances from the provisions and requirements of the above referenced state
regulations may only be granted in accordance with the required variance procedures of
these state regulations.
6. OTHER USE/DEVELOPMENT REGULATIONS
Within zones AH and AO on the FIRM, adequate drainage paths are required around
structures on slopes, to guide floodwaters around and away from proposed structures.
b. Within Zones Al-30 and AE, along watercourses that have a regulatory floodway
designated on the North Andover FIRM of Flood Boundary & Floodway Map dated June
2, 1993; encroachments are prohibited in the regulatory floodway which would result in
any increase in flood levels within the community during the occurrence of the base flood
discharge. However, a registered professional engineer may provide proof and
certification to the Building Commissioner, in conjunction with the Director of the
Division of Public Works, demonstrating that such encroachments shall not increase
flood levels during the occurrence of the 100 year flood, and if both the Building
Commissioner, in conjunction with the Director of the Division Public Works approve
this certification, such encroachments shall not be deemed to be prohibited.
C. All subdivision proposals filed in accordance with M.G.L. Chapter 41, Section
8 1 S and 8 1 T [or any revisions to the subdivision control law referencing the submission
of preliminary or definitive subdivision plans], respectively shall be designed so that:
such proposals minimize flood damage; all public utilities and facilities are located and
constructed to minimize or eliminate flood damage; and adequate drainage is provided to
reduce exposure to flood hazards. Existing contour intervals of site and elevations of
existing structures must be included on plan proposal;
The applicant shall circulate or transmit one copy of the development plan to the
Conservation Commission, Planning Board, Board of Health, Town Engineer, and
Building Commissioner for comments which will be considered by the appropriate
permitting board prior to issuing applicable permits.
7. PERMITTED USES
The following uses of low flood damage potential and causing no obstruction to flood
flows are encouraged provided they are permitted in the underlying district and they do
not require structures, fill or storage of materials or equipment:
Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
Forestry and nursery uses.
Outdoor recreational uses, including fishing, boating,play areas, etc.
Conservation of water,plants, wildlife.
Wildlife management areas, foot,bicycle, and/or horse paths.
Temporary non-residential structures used in connection with fishing, growing,
harvesting, storage, or sale of crops raised on the premises.
Buildings lawfully existing prior to the adoption of these provisions.
8. DEFINITIONS. The following definitions are taken from the NFIP regulations
and the Massachusetts State Building Code, Section 3107.
AREA OF SPECIAL FLOOD HAZZARD is the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any given year. The
area may be designated as Zone A, AO, AH, Al-30, AE, A99 V1-30, VE, or V.
BASE FLOOD means the flood having one percent chance of being equaled or exceeded
in any given year.
COASTAL HIGH HAZARD AREA means the area subject to high velocity waters,
including but not limited to hurricane wave wash or tsunamis. The area is designated on
aFIRM as ZONE V, VI-30, and VE.
DEVELOPMENT means any manmade change to improved or unimproved real estate,
including but not limited to building or other structures, mining, dredging, filling,
grading,paving, excavation or drilling operations.
DISTRICT means floodplain district.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means a
manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed (including at a
minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) and is completed before the effective date of the
floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR
SUBDIVISION means the preparation of additional sites by the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed (including the
installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads).
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) means the agency that
administers the National Flood Insurance Program. FEMA provides a nationwide flood
hazard area mapping study program for communities as well as regulatory standards for
development in the flood hazard areas.
FLOOD BOUNDARY AND FLOODWAY MAP means an official map of a community
issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year
and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the
floodway designation is included on the FIRM.)
FLOOD HAZARD BOUNDARY MAP (FHBM) means an official map of a community
issued by FEMA where the boundaries of the flood and related erosion areas having
special hazards have been designated as Zone A or E.
FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community on
which FEMA has delineated both the areas of special flood hazard and the risk premium
zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) means an examination, evaluation, and
determination of flood hazards, and, if appropriate, corresponding water surface
elevations, or an examination, evaluation and determination of flood-related erosion
hazards.
FLOODWAY means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation.
LOWEST FLOOR means the lowest floor of the lowest enclosed area (including
basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement area is not
considered a building's lowest floor, PROVIDED that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirements of
NFIP Regulations 60.3.
MANUFACTURED HOME means a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. For floodplain management
purposes the term "manufactured home" also includes park trailers, travel trailers, and
other similar vehicles placed on a site for greater than 180 consecutive days. For
insurance purposes, the term "manufactured home" does not include park trailers, travel
trailers, and other similar vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION means, for floodplain management purposes, structures for
which the "start of construction" commenced on or after the effective date of a floodplain
management regulation adopted by a community. For the purpose of determining
insurance rates, NEW CONSTRUCTION means structures for which the "start of
construction" commenced on or after the effective date of an initial FIRM or after
December 31, 1974, whichever is later.
NEW MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured
home park or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including, at a minimum, the
installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date of the floodplain
management regulations adopted by a community.
ONE-HUNDRED-YEAR FLOOD - see BASE FLOOD.
REGULATORY FLOODWAY- see FLOODWAY
SPECIAL FLOOD HAZARD AREA means an area having special flood and/or flood-
related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, Al-30, AE,
A99, AH, V, V1-30, VE.
START OF CONSTRUCTION includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement was within 180
days of the permit date. The actual start means either the first placement of permanent
construction of a structure on site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage of excavations; of the
placement of a manufactured home on a foundation. For a substantial improvement, the
actual start of construction means the first alteration of any wall, ceiling, or floor or other
structural part of the building, whether or not that alteration affects the external
dimensions of the building.
STRUCTURE means, for floodplain management purposes, a walled and roofed
building, including a gas or liquid storage tank that is principally above ground, as well
as a manufactured home. STRUCTURE, for insurance coverage purposes, means a
walled and roofed building, other than a gas or liquid storage tank that is principally
above ground and affixed to a permanent site, as well as a manufactured home on
foundation. For the latter purpose, the term includes a building while in the course of
construction, alteration, or repair, but does not include building materials or supplies
intended for use in such construction, alteration, or repair, unless such materials or
supplies are within an enclosed building on the premises.
SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would equal
or exceed 50 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT means reconstruction, rehabilitation, addition or
other improvement of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before "start of construction" of the improvement. This
term includes structures, which have incurred "substantial damage", regardless of the
actual repair work performed.
ZONE A means the 100-year floodplain area where the base flood elevation (BFE) has
not been determined. To determine the BFE, use the best available federal, state, local, or
other data.
ZONE Al - A30 and ZONE AE (for new and revised maps) means the 100-year
floodplain where the base flood elevation has been determined.
ZONE AH and ZONE AO means the 100-year floodplain with flood depths of 1 to 3 feet.
ZONE A99 means areas to be protected from the 100-year flood by federal flood
protection system under construction. Base flood elevations have not been determined.
ZONES B, C, AND X are areas identified in the community Flood Insurance Study as
areas of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and
revised maps.
ZONE V means a special flood hazard area along a coast subject to inundation by the
100-year flood with the additional hazards associated with storm waves. Base flood
elevations have not been determined.
ZONE V1-30 and ZONE VE (for new and revised maps) means a special flood hazard
area along a coast subject to inundation by the 100-year flood with additional hazards due
to velocity (wave action). Base flood elevations have been determined.
Article 43. Amend Zoning Bylaw Section 4.137 Delete and Replace with FEMA
Language. UNANIMOUSLY VOTED to amend Section 4.137 of the Zoning Bylaw
of the Town of North Andover to incorporate revisions suggested by FEMA,
incorporating their model Bylaw by updating the Massachusetts State Building Code
references from 2102 to Section 3107 in all locations, updating the NFIP State
Coordinator's mailing address, noting that within Zone A of the Flood Plain District, the
Wetlands Protection Act may require the base flood elevation to be determined by
engineering calculations, and addition of a new Section 7, Definitions. Section 4.137
should be deleted in its entirety and replaced with the following language:
Amended Section 4.137 to read:
4.137 Floodplain District
1. STATEMENT OF PURPOSE
The purpose of the floodplain District is to:
Ensure public safety through reducing the threats to life and personal injury.
Eliminate new hazards to emergency response officials;
Prevent the occurrence of public emergencies resulting from water quality,
contamination, and pollution due to flooding.
Avoid the loss of utility services which if damaged by flooding would disrupt or shut
down the utility network and impact regions of the community beyond the site of
flooding;
Eliminate costs associated with the response and cleanup of flooding conditions;
Reduce damage to public and private property resulting from flooding waters.
2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD
EVALUATION AND FLOODWAY DATA
The Floodplain District is herein established as an overlay district. The underlying
permitted uses are allowed provided that they meet the Massachusetts State Building
Code, Section 3107, "Flood Resistant Construction" and any other applicable local, state
or federal requirements. The District includes all special flood hazard areas designated on
the North Andover Flood Insurance Rate Map (FIRM) issued by the Federal Emergency
Management Agency (FEMA) for the administration of the NEIP dated June 2, 1993 as
Zone A, AE, AH, AO, A99, and the FEMA Flood Boundary & Floodway Map dated
June 2, 1993, both maps which indicate the 100 year regulatory floodplain. The exact
boundaries of the District may be defined by the 100-year base flood evaluations shown
on the FIRM and further defined by the Flood Insurance study booklet dated June 2,
1993. The FIRM, Floodway Maps and Flood Insurance Study booklet are incorporated
herein by reference and are on file with the Town Clerk, Planning Board, Building
Official, and Conservation Commission.
3. BASE FLOOD ELEVATION AND FLOODWAY DATA
Floodway Data. In Zone A, AH, A99 and AE, along watercourses that have not had a
regulatory floodway designated, the best available Federal, State, local or other floodway
data as determined by the Building Inspector, in consultation with the Director of the
Division of Public Works, shall be used to prohibit encroachments in floodways which
would result in any increase in flood levels within the community during the occurrence
of the base flood discharge.
Base Flood Elevation Date. Base flood elevation data is required for subdivision
proposals or other developments greater than 50 lots or 5 acres, whichever is the lesser,
within unnumbered A zones.
Areas designated as flood plain on the North Andover Flood Insurance Rate Maps may
be determined to be outside the flood plain district by the Building Inspector, in
consultation with the Director of the Division of Public Works, if an accurate topographic
and property line survey of the area conducted by a registered professional engineer or
land surveyor shows that the flood plain contour elevation does not occur in any area of
proposed buildings, structures, improvements, excavation, filling, paving, or other work
activity. The person requesting the determination shall provide any other information
deemed necessary by the Building Inspector, in consultation with the Director of Division
of Public Works to make that determination. If the Building Inspector, in consultation
with the Director of the Division of Public Works, determines that the Flood Insurance
Rate Maps are in error, the subject area shall not be regulated as occurring within the
Flood Plain District, and any such determination shall be noted on the Flood Insurance
Rate Maps. Nothing in this section shall prohibit the Conservation Commission, Board
of Health, or other Town officials or Board from making non-zoning determinations of
the flood plain or performing their official duties.
4. NOTIFICATION OF WATERCOURSE ALTERATION
If a landowner or project proponent proposes to alter or relocate any watercourse, that
person shall notify the following parties and provide evidence of such notification to
every town board or official who has jurisdiction over such alteration or relocation prior
to or at the time of applying for any approval that is required to perform such alteration of
relocation:
Notify in a riverine situation, the following of any alteration or relocation of a
watercourse:
Adjacent Communities
Bordering States
NFIP State Coordinator
Massachusetts Office of Water Resources
251 Causeway Street Suite 600-700
Boston, MA 02114-2104
4. NFIP Program Specialist
FEMA Region 1, Rm. 462
J.W. McCormick Post Office & Courthouse
Boston, MA 02109
5. REFERENCE TO EXISTING REGULATIONS
The Floodplain District is established as an overlay district to all other districts. All
development in the district, including structural and non-structural activities, whether
permitted by right or by special permit must be in compliance with Chapter 131, Section
40 of the Massachusetts General Laws and with the following:
Section of the Massachusetts State Building Code which addresses Floodplain and
coastal high hazard areas (currently 780 CMR 3107.0 "Flood Resistant Construction");
Wetlands Protection Regulations, Department of Environmental Protection (DEP)
(currently 310 CMR 10.00);
Inland Wetlands Restriction, DEP (currently 302 CMR 6.00);
Coastal Wetlands Restriction, DEP (currently 302 CMR 4.00);
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently
310 CMR 15, Title 5);
Any variances from the provisions and requirements of the above referenced state
regulations may only be granted in accordance with the required variance procedures of
these state regulations.
6. OTHER USE/DEVELOPMENT REGULATIONS
Within zones AH and AO on the FIRM, adequate drainage paths are required around
structures on slopes, to guide floodwaters around and away from proposed structures.
b. Within Zones Al-30 and AE, along watercourses that have a regulatory floodway
designated on the North Andover FIRM of Flood Boundary & Floodway Map dated June
2, 1993; encroachments are prohibited in the regulatory floodway which would result in
any increase in flood levels within the community during the occurrence of the base flood
discharge. However, a registered professional engineer may provide proof and
certification to the Building Commissioner, in conjunction with the Director of the
Division of Public Works, demonstrating that such encroachments shall not increase
flood levels during the occurrence of the 100 year flood, and if both the Building
Commissioner, in conjunction with the Director of the Division Public Works approve
this certification, such encroachments shall not be deemed to be prohibited.
C. All subdivision proposals filed in accordance with M.G.L. Chapter 41, Section
81S and 81T [or any revisions to the subdivision control law referencing the submission
of preliminary or definitive subdivision plans], respectively shall be designed so that:
such proposals minimize flood damage; all public utilities and facilities are located and
constructed to minimize or eliminate flood damage; and adequate drainage is provided to
reduce exposure to flood hazards. Existing contour intervals of site and elevations of
existing structures must be included on plan proposal;
The applicant shall circulate or transmit one copy of the development plan to the
Conservation Commission, Planning Board, Board of Health, Town Engineer, and
Building Commissioner for comments which will be considered by the appropriate
permitting board prior to issuing applicable permits.
7. PERMITTED USES
The following uses of low flood damage potential and causing no obstruction to flood
flows are encouraged provided they are permitted in the underlying district and they do
not require structures, fill or storage of materials or equipment:
Agricultural uses such as farming, grazing, truck farming,horticulture, etc.
Forestry and nursery uses.
Outdoor recreational uses, including fishing, boating,play areas, etc.
Conservation of water,plants, wildlife.
Wildlife management areas, foot,bicycle, and/or horse paths.
Temporary non-residential structures used in connection with fishing, growing,
harvesting, storage, or sale of crops raised on the premises.
Buildings lawfully existing prior to the adoption of these provisions.
8. DEFINITIONS. The following definitions are taken from the NFIP regulations
and the Massachusetts State Building Code, Section 3107.
AREA OF SPECIAL FLOOD HAZZARD is the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any given year. The
area may be designated as Zone A, AO, AH, Al-30, AE, A99 V1-30, VE, or V.
BASE FLOOD means the flood having one percent chance of being equaled or exceeded
in any given year.
COASTAL HIGH HAZARD AREA means the area subject to high velocity waters,
including but not limited to hurricane wave wash or tsunamis. The area is designated on
a FIRM as ZONE V, V1-30, and VE.
DEVELOPMENT means any manmade change to improved or unimproved real estate,
including but not limited to building or other structures, mining, dredging, filling,
grading,paving, excavation or drilling operations.
DISTRICT means floodplain district.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means a
manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed (including at a
minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) and is completed before the effective date of the
floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR
SUBDIVISION means the preparation of additional sites by the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed (including the
installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads).
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) means the agency that
administers the National Flood Insurance Program. FEMA provides a nationwide flood
hazard area mapping study program for communities as well as regulatory standards for
development in the flood hazard areas.
FLOOD BOUNDARY AND FLOODWAY MAP means an official map of a community
issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year
and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the
floodway designation is included on the FIRM.)
FLOOD HAZARD BOUNDARY MAP (FHBM) means an official map of a community
issued by FEMA where the boundaries of the flood and related erosion areas having
special hazards have been designated as Zone A or E.
FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community on
which FEMA has delineated both the areas of special flood hazard and the risk premium
zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) means an examination, evaluation, and
determination of flood hazards, and, if appropriate, corresponding water surface
elevations, or an examination, evaluation and determination of flood-related erosion
hazards.
FLOODWAY means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation.
LOWEST FLOOR means the lowest floor of the lowest enclosed area (including
basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement area is not
considered a building's lowest floor, PROVIDED that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirements of
NFIP Regulations 60.3.
MANUFACTURED HOME means a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. For floodplain management
purposes the term "manufactured home" also includes park trailers, travel trailers, and
other similar vehicles placed on a site for greater than 180 consecutive days. For
insurance purposes, the term "manufactured home" does not include park trailers, travel
trailers, and other similar vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION means, for floodplain management purposes, structures for
which the "start of construction" commenced on or after the effective date of a floodplain
management regulation adopted by a community. For the purpose of determining
insurance rates, NEW CONSTRUCTION means structures for which the "start of
construction" commenced on or after the effective date of an initial FIRM or after
December 31, 1974, whichever is later.
NEW MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured
home park or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including, at a minimum, the
installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date of the floodplain
management regulations adopted by a community.
ONE-HUNDRED-YEAR FLOOD - see BASE FLOOD.
REGULATORY FLOODWAY- see FLOODWAY
SPECIAL FLOOD HAZARD AREA means an area having special flood and/or flood-
related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, Al-30, AE,
A99, AH, V, VI-30, VE.
START OF CONSTRUCTION includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement was within 180
days of the permit date. The actual start means either the first placement of permanent
construction of a structure on site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage of excavations; of the
placement of a manufactured home on a foundation. For a substantial improvement, the
actual start of construction means the first alteration of any wall, ceiling, or floor or other
structural part of the building, whether or not that alteration affects the external
dimensions of the building.
STRUCTURE means, for floodplain management purposes, a walled and roofed
building, including a gas or liquid storage tank that is principally above ground, as well
as a manufactured home. STRUCTURE, for insurance coverage purposes, means a
walled and roofed building, other than a gas or liquid storage tank that is principally
above ground and affixed to a permanent site, as well as a manufactured home on
foundation. For the latter purpose, the term includes a building while in the course of
construction, alteration, or repair, but does not include building materials or supplies
intended for use in such construction, alteration, or repair, unless such materials or
supplies are within an enclosed building on the premises.
SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would equal
or exceed 50 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT means reconstruction, rehabilitation, addition or
other improvement of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before "start of construction" of the improvement. This
term includes structures, which have incurred "substantial damage", regardless of the
actual repair work performed.
ZONE A means the 100-year floodplain area where the base flood elevation (BFE) has
not been determined. To determine the BFE, use the best available federal, state, local, or
other data.
ZONE Al - A30 and ZONE AE (for new and revised maps) means the 100-year
floodplain where the base flood elevation has been determined.
ZONE AH and ZONE AO means the 100-year floodplain with flood depths of I to 3 feet.
ZONE A99 means areas to be protected from the 100-year flood by federal flood
protection system under construction. Base flood elevations have not been determined.
ZONES B, C, AND X are areas identified in the community Flood Insurance Study as
areas of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and
revised maps.
ZONE V means a special flood hazard area along a coast subject to inundation by the
100-year flood with the additional hazards associated with storm waves. Base flood
elevations have not been determined.
ZONE V1-30 and ZONE VE (for new and revised maps) means a special flood hazard
area along a coast subject to inundation by the 100-year flood with additional hazards due
to velocity (wave action). Base flood elevations have been determined.
Article 44. Amend Zoning Map Parcels fronting Waverley Road and Route 114—
Assessors Map 27 Parcels 16,17,18,19,20,21,23,24,25,and 26. To see if the Town will
vote to amend the Zoning Map of the Town of North Andover for the following parcels
fronting along Waverley Road and Route 114 (also known as Salem Turnpike) and
totaling approximately 5.3 acres. Said parcels consisting of ten residential parcels; five
fronting on Route 114, with street addresses of 21, 29, 35, 41, and 47; and five fronting
on Waverly Road with street addresses of 768, 782, 792, 802 and 814, all parcels as
shown on the North Andover Assessors Map 27; as parcels 16, 17, 18, 19,20, 21, 23, 24,
25, 26. The amendment of the Zoning Map for the aforementioned parcels shall be from
the current zoning designation of Residential 4 to be replaced by the zoning district
General Business GB. Said parcels as shown below.
UNANIMOUSLY VOTED to `TAKE No Action on Article 44".
Article 45. Amend the North Andover Zoning Bylaw by Adding a New Section -
Section 15 Planned Commercial Development District. UNANIMOUSLY
VOTED to amend the North Andover Zoning Bylaw by adding a new section, Section 15
Planned Commercial Development District, as follows:
SECTION 15—Planned Commercial Development District
15.1 OBJECTIVES
The Planned Commercial Development District is intended:
a. to allow considerable flexibility under a special permit in the development of
tracts of land as recommended in the Town of North Andover Master Plan in
accordance the goals and objectives in the Master Plan;
b. to allow a developer to propose a site development use and plan unique to a
particular location;
c. to provide under the special permit process a mechanism for the Planning Board
to evaluate the potential impacts of a proposed development;
d. to permit a development which is compatible with the character of the Town and
which benefits economic development of the Town;
15.2 PERMITTED USES
a. The following uses are permitted:
i. Walk-In Bank: A free standing building with its own parking lots
and excluding drive-through windows.
ii. Business and other offices;
iii. All uses allowed in the R-4 Zoning District as set forth in Section
4.122 of the Zoning Bylaw;
b. The following uses are allowed only by special permit pursuant to this Section
15 of the Bylaw;
15.2.1. PRINCIPAL USES
i. Hotel or Motel (limited to one in each 2,000 linear feet of street or highway as
measured along the frontage);
ii. Restaurants where the business primarily serves food to be consumed in
within the building excluding "fast food and drive through" establishments; A_
fast food and drive through establishment is defined as a restaurant
characterized by a large caMout clientele; long hours of service [some are
open for breakfast, all are open for lunch and dinner, some are open late at
night or 24 hours]; and high turnover rates for eat-in customers.
iii. Retail uses, provided there is no outdoor storage or sale of materials or
products;
15.2.2. ACCESSORY USES
ii. Eating and drinking establishments within an office building for use
principally by those employed within the structure;
ill. Private parking garages accessory to allowed principal uses;
iv. Indoor recreational facilities such as tennis and racquetball courts as an
accessory to a hotel or motel for use principally by the guests of the hotel or
motel. Public memberships to the recreational facilities are not allowed.
V. No other uses shall be allowed.
15.3 DIMENSIONAL REGULATIONS
a. Residential
Dimensional requirements for the R-4 zone shall be as set forth in Summary of
Dimensional Requirements (Table 11)
b. Commercial:
i. Minimum Lot Size: 150,000 s.£
ii. Height Maximum: 35 feet (a hotel only may be constructed in height to a
maximum of(60 feet);
iii. Street frontage: 300 feet
iv. Front setback: 100 feet with the first 50 feet as a vegetative
V. Side setback: 50 feet (except when directly adjacent to a residential use where
it is 100 feet with a 50 foot visual buffer)
vi. Rear setback: 50 feet (except when directly adjacent to a residential use where
it is 100 feet with a 50 foot visual buffer)
vii. Floor Area Ratio: 75:1
viii. Lot coverage: maximum of 25%
ix. Contiguous Buildable Area: 75% of minimum lot size.
15.4 SPECIAL PERMIT GRANTING AUTHORITY
The Planning Board shall be the Special Permit Granting Authority (SPGR) for the
issuance of Planned Commercial Development District Special Permits. No structures
shall be placed, constructed or modified within the Planned Commercial Development
District without first obtaining a special permit from the Planning Board. This Bylaw is
intended to be used in conjunction with other regulations adopted by the Town, and other
zoning and general bylaws designed to encourage appropriate land use, environmental
protection, preservation of the rural character and the provision of adequate infrastructure
development in North Andover
15.4.1 Procedures for Obtaining a Planned Commercial Development District
Special Permit in accordance with Section 15.
A. Pre-Application Conference
Prior to the submission of an application for a Planned Commercial District Special
Permit, the applicant is encouraged to confer with the Town Planner to obtain
information and guidance regarding the development of the parcel. After such initial
consultation with the Town Planner, the applicant may meet before the Planning Board at
a public meeting. Such pre-application consultation shall be informal, non-binding, and
directed toward:
• Reviewing the basic concepts of the proposal;
• Reviewing the proposal with regard to the master plan and zoning bylaw;
• Explaining the state and local regulations that may apply to the proposal;
• Preliminary discussion shall not bind the applicant or the Board;
B. Submission of a Planned Commercial Development District Special Permit
Application and Plan:
1. Procedures:
i. The applicant shall file eight (8) copies of the Planned Commercial
Development District Plan, supporting materials, filing and outside
engineering review escrow fees, and three (3) copies of the form titled
"Planned Commercial Development District Special Permit Application" to
the Planning Board. The Town Planner shall certify that the plans and
materials submitted have been time stamped by the Town Clerks Office and
meet the submittal requirements.
ii. The Planning Board, within sixty-five (65) days from receipt of the plan by
the Town Clerk, shall determine whether the proposed project is generally
consistent with criteria of the paragraph 15.1 of this Section. The Planning
Board will review the plans during a public hearing process and will receive
comments from the public, other Town Departments, and the applicant.
iii. The applicant must follow the procedures for obtaining a Special Permit as set
forth in Section 10.3 of the Zoning Bylaw.
iv. If applicable, the applicant must follow the procedures for Site Plan Review
under Section 8.3, Site Plan Review.
2. Submission Requirements:
The Planned Commercial Development District plan shall include all of the information
required under Section 8.3 (5) of the Zoning Bylaw in addition to the following:
3. Minimum requirements:
The Plan, at a minimum, shall be subject to the following conditions. The Planning Board
shall make a determination that the project meets all of the following criteria:
a. The project is consistent with the objectives set forth in Paragraph 15.1.
b. The proposed project shall not generate traffic flows that, in the opinion of
the Planning Board, are excessive for the project location; further, ingress
and egress for traffic flow and traffic circulation within the project are
designed properly so that there will be no serious hazard to vehicles or
pedestrians.
c. Adequate parking facilities are provided for each use and structure in the
development.
d. Major facilities or functions are designed to be visually compatible with
natural,historical and neighborhood characteristics of the site.
e. The project does not adversely affect the natural environment to the
detriment of community character.
£ The project must meet the requirements of Section 8.10, Lot/Slope
Requirements.
15.5 RELATION TO SUBDIVISION CONTROL ACT
Approval of a Planned Commercial Development District Special Permit hereunder shall
not substitute for compliance with the Subdivision Control Act, nor obligate the Planning
Board to approve any related definitive plan for subdivision, nor reduce any time period
for Board consideration under that law. However in order to facilitate processing, the
Planning Board may insofar as practicable under existing law, adopt regulations
establishing procedures for submissions of a combined plan and application which shall
satisfy this section and the board's regulations under the Subdivision Control Act
Article 45. Amend the North Andover Zoning Bylaw by Adding a New Section -
Section 15 Planned Commercial Development District.
UNANIMOUSLY VOTED to adopt Article 45 as printed in the warrant with the
following amendments:
Delete the language of section 15.2 b. Which reads "the following uses are allowed
only by special permit pursuant to this section 15 of the bylaw" and relocate it to a
new section 15.2.1. A.
Include art gallery and funeral parlor as an allowed principal use in section 15.2.1.
Art gallery should be numbered as 15.2.1 (a.) (ii) and funeral parlor should be
numbered 15.2.1 (a.) (iii). Other uses should be renumbered accordingly.
Include the following use under principal uses, under section 15.2.1 (a) (vi) "one
multi-family structure per acre, not exceeding 12 units per structure, may be
permitted". Deleted by Floor Amendment
Under Section 15.4, Special Permit Granting Authority, revise the language of the
second sentence so as to now read "no structures associated with principal and
accessory uses shall be placed, constructed or modified within the Planned
Commercial Development District without first obtaining a Planned Commercial
Development Special Permit from the Planning Board.
FLOOR AMENDMENT: Delete from the amended motion "Include the following
use under principal uses, under section 15.2.1 (a) (vi) "one multi-family structure
per acre, not exceeding 12 units per structure, may be permitted".
FINAL VOTED TEXT OF ARTICLE 45
SECTION 15—Planned Commercial Development District
15.1 OBJECTIVES
The Planned Commercial Development District is intended:
e. to allow considerable flexibility under a special permit in the development of
tracts of land as recommended in the Town of North Andover Master Plan in
accordance the goals and objectives in the Master Plan;
£ to allow a developer to propose a site development use and plan unique to a
particular location;
g. to provide under the special permit process a mechanism for the Planning Board
to evaluate the potential impacts of a proposed development;
h. to permit a development which is compatible with the character of the Town and
which benefits economic development of the Town;
15.2 PERMITTED USES
C. The following uses are permitted:
iv. Walk-In Bank: A free standing building with its own parking lots
and excluding drive-through windows.
V. Business and other offices;
vi. All uses allowed in the R-4 Zoning District as set forth in Section
4.122 of the Zoning Bylaw;
Delete the language of section 15.2 b. Which reads "the following uses are allowed
only by special permit pursuant to this section 15 of the bylaw" and relocate it to a
new section 15.2.1. A.
15.2.1. PRINCIPAL USES
15.2.1. (a). The following uses are allowed only by special permit pursuant to this
Section 15 of the bylaw:
(i). Hotel or Motel (limited to one in each 2,000 linear feet of street or highway as
measured along the frontage);
(ii). Art gallery
(iii). Funeral Parlor
iv. Restaurants where the business primarily serves food to be consumed in
within the building excluding "fast food and drive through" establishments; A
fast food and drive through establishment is defined as a restaurant
characterized by a large carryout clientele; long hours of service [some are
open for breakfast, all are open for lunch and dinner, some are open late at
night or 24 hours]; and high turnover rates for eat-in customers.
V. Retail uses, provided there is no outdoor storage or sale of materials or
products;
15.2.2. ACCESSORY USES
vi. Eating and drinking establishments within an office building for use
principally by those employed within the structure;
vii. Private parking garages accessory to allowed principal uses;
viii. Indoor recreational facilities such as tennis and racquetball courts as an
accessory to a hotel or motel for use principally by the guests of the hotel or
motel. Public memberships to the recreational facilities are not allowed.
ix. No other uses shall be allowed.
15.3 DIMENSIONAL REGULATIONS
a. Residential
Dimensional requirements for the R-4 zone shall be as set forth in Summary of
Dimensional Requirements (Table 11)
d. Commercial:
X. Minimum Lot Size: 150,000 s.f.
xi. Height Maximum: 35 feet (a hotel only may be constructed in height to a
maximum of(60 feet);
xii. Street frontage: 300 feet
xiii. Front setback: 100 feet with the first 50 feet as a vegetative
xiv. Side setback: 50 feet (except when directly adjacent to a residential use where
it is 100 feet with a 50 foot visual buffer)
xv. Rear setback: 50 feet(except when directly adjacent to a residential use where
it is 100 feet with a 50 foot visual buffer)
xvi. Floor Area Ratio: 75:1
xvii. Lot coverage: maximum of 25%
xviii. Contiguous Buildable Area: 75% of minimum lot size.
15.4 SPECIAL PERMIT GRANTING AUTHORITY
The Planning Board shall be the Special Permit Granting Authority (SPCA) for the
issuance of Planned Commercial Development District Special Permits. No structures
associated with principal and accessory uses shall be placed, constructed or
modified within the Planned Commercial Development District without first
obtaining a Planned Commercial Development Special Permit from the Planning
Board. This Bylaw is intended to be used in conjunction with other regulations adopted
by the Town, and other zoning and general bylaws designed to encourage appropriate
land use, environmental protection, and preservation of the rural character and the
provision of adequate infrastructure development in North Andover
15.4.1 Procedures for Obtaining a Planned Commercial Development District
Special Permit in accordance with Section 15.
A. Pre-Application Conference
Prior to the submission of an application for a Planned Commercial District Special
Permit, the applicant is encouraged to confer with the Town Planner to obtain
information and guidance regarding the development of the parcel. After such initial
consultation with the Town Planner, the applicant may meet before the Planning Board at
a public meeting. Such pre-application consultation shall be informal, non-binding, and
directed toward:
• Reviewing the basic concepts of the proposal;
• Reviewing the proposal with regard to the master plan and zoning bylaw;
• Explaining the state and local regulations that may apply to the proposal;
• Preliminary discussion shall not bind the applicant or the Board;
B. Submission of a Planned Commercial Development District Special
Permit Application and Plan:
1. Procedures:
V. The applicant shall file eight (8) copies of the Planned Commercial
Development District Plan, supporting materials, filing and outside
engineering review escrow fees, and three (3) copies of the form titled
"Planned Commercial Development District Special Permit Application" to
the Planning Board. The Town Planner shall certify that the plans and
materials submitted have been time stamped by the Town Clerks Office and
meet the submittal requirements.
vi. The Planning Board, within sixty-five (65) days from receipt of the plan by
the Town Clerk, shall determine whether the proposed project is generally
consistent with criteria of the paragraph 15.1 of this Section. The Planning
Board will review the plans during a public hearing process and will receive
comments from the public, other Town Departments, and the applicant.
vii. The applicant must follow the procedures for obtaining a Special Permit as set
forth in Section 10.3 of the Zoning Bylaw.
viii. If applicable, the applicant must follow the procedures for Site Plan Review
under Section 8.3, Site Plan Review.
2. Submission Requirements:
The Planned Commercial Development District plan shall include all of the information
required under Section 8.3 (5) of the Zoning Bylaw in addition to the following:
3. Minimum requirements:
The Plan, at a minimum, shall be subject to the following conditions. The Planning Board
shall make a determination that the project meets all of the following criteria:
a. The project is consistent with the objectives set forth in Paragraph 15.1.
b. The proposed project shall not generate traffic flows that, in the opinion of
the Planning Board, are excessive for the project location; further, ingress
and egress for traffic flow and traffic circulation within the project are
designed properly so that there will be no serious hazard to vehicles or
pedestrians.
c. Adequate parking facilities are provided for each use and structure in the
development.
d. Major facilities or functions are designed to be visually compatible with
natural,historical and neighborhood characteristics of the site.
e. The project does not adversely affect the natural environment to the
detriment of community character.
£ The project must meet the requirements of Section 8.10, Lot/Slope
Requirements.
15.5 RELATION TO SUBDIVISION CONTROL ACT
Approval of a Planned Commercial Development District Special Permit hereunder shall
not substitute for compliance with the Subdivision Control Act, nor obligate the Planning
Board to approve any related definitive plan for subdivision, nor reduce any time period
for Board consideration under that law. However in order to facilitate processing, the
Planning Board may insofar as practicable under existing law, adopt regulations
establishing procedures for submissions of a combined plan and application which shall
satisfy this section and the board's regulations under the Subdivision Control Act; or to
take any other action relative thereto.
Petition of Alberto Angles and
others
New Section 15 will now read:
Article 45. Amend the North Andover Zoning Bylaw y Adding a New Section -
Section 15 Planned Commercial Development District. To see if the Town will
vote to amend the North Andover Zoning Bylaw by adding a new section, Section 15
Planned Commercial Development District, as follows:
SECTION 15—Planned Commercial Development District
15.1 OBJECTIVES
The Planned Commercial Development District is intended:
i. to allow considerable flexibility under a special permit in the development of
tracts of land as recommended in the Town of North Andover Master Plan in
accordance the goals and objectives in the Master Plan;
j. to allow a developer to propose a site development use and plan unique to a
particular location;
k. to provide under the special permit process a mechanism for the Planning Board
to evaluate the potential impacts of a proposed development;
1. to permit a development which is compatible with the character of the Town and
which benefits economic development of the Town;
15.2 PERMITTED USES
e. The following uses are permitted:
vii. Walk-In Bank: A free standing building with its own parking lots
and excluding drive-through windows.
viii. Business and other offices;
ix. All uses allowed in the R-4 Zoning District as set forth in Section
4.122 of the Zoning Bylaw;
b. The following uses are allowed only by special permit pursuant to this Section
15 of the Bylaw;
15.2.1. PRINCIPAL USES
vi. Hotel or Motel (limited to one in each 2,000 linear feet of street or highway as
measured along the frontage);
vii. Restaurants where the business primarily serves food to be consumed in
within the building excluding "fast food and drive through" establishments; A_
fast food and drive through establishment is defined as a restaurant
characterized by a large cgmout clientele; long hours of service [some are
open for breakfast, all are open for lunch and dinner, some are open late at
night or 24 hours]; and high turnover rates for eat-in customers.
viii. Retail uses, provided there is no outdoor storage or sale of materials or
products;
15.2.2. ACCESSORY USES
X. Eating and drinking establishments within an office building for use
principally by those employed within the structure;
xi. Private parking garages accessory to allowed principal uses;
xii. Indoor recreational facilities such as tennis and racquetball courts as an
accessory to a hotel or motel for use principally by the guests of the hotel or
motel. Public memberships to the recreational facilities are not allowed.
xiii. No other uses shall be allowed.
15.3 DIMENSIONAL REGULATIONS
a. Residential
Dimensional requirements for the R-4 zone shall be as set forth in Summary of
Dimensional Requirements (Table 11)
£ Commercial:
xix. Minimum Lot Size: 150,000 s.f.
xx. Height Maximum: 35 feet (a hotel only may be constructed in height to a
maximum of(60 feet);
xxi. Street frontage: 300 feet
xxii. Front setback: 100 feet with the first 50 feet as a vegetative
xxiii. Side setback: 50 feet (except when directly adjacent to a residential use where
it is 100 feet with a 50 foot visual buffer)
xxiv. Rear setback: 50 feet (except when directly adjacent to a residential use where
it is 100 feet with a 50 foot visual buffer)
xxv. Floor Area Ratio: 75:1
xxvi. Lot coverage: maximum of 25%
xxvii. Contiguous Buildable Area: 75% of minimum lot size.
15.4 SPECIAL PERMIT GRANTING AUTHORITY
The Planning Board shall be the Special Permit Granting Authority (SPGR) for the
issuance of Planned Commercial Development District Special Permits. No structures
shall be placed, constructed or modified within the Planned Commercial Development
District without first obtaining a special permit from the Planning Board. This Bylaw is
intended to be used in conjunction with other regulations adopted by the Town, and other
zoning and general bylaws designed to encourage appropriate land use, environmental
protection, preservation of the rural character and the provision of adequate infrastructure
development in North Andover
15.4.1 Procedures for Obtaining a Planned Commercial Development District
Special Permit in accordance with Section 15.
A. Pre-Application Conference
Prior to the submission of an application for a Planned Commercial District Special
Permit, the applicant is encouraged to confer with the Town Planner to obtain
information and guidance regarding the development of the parcel. After such initial
consultation with the Town Planner, the applicant may meet before the Planning Board at
a public meeting. Such pre-application consultation shall be informal, non-binding, and
directed toward:
• Reviewing the basic concepts of the proposal;
• Reviewing the proposal with regard to the master plan and zoning bylaw;
• Explaining the state and local regulations that may apply to the proposal;
• Preliminary discussion shall not bind the applicant or the Board;
B. Submission of a Planned Commercial Development District Special
Permit Application and Plan:
1. Procedures:
ix. The applicant shall file eight (8) copies of the Planned Commercial
Development District Plan, supporting materials, filing and outside
engineering review escrow fees, and three (3) copies of the form titled
"Planned Commercial Development District Special Permit Application" to
the Planning Board. The Town Planner shall certify that the plans and
materials submitted have been time stamped by the Town Clerks Office and
meet the submittal requirements.
X. The Planning Board, within sixty-five (65) days from receipt of the plan by
the Town Clerk, shall determine whether the proposed project is generally
consistent with criteria of the paragraph 15.1 of this Section. The Planning
Board will review the plans during a public hearing process and will receive
comments from the public, other Town Departments, and the applicant.
xi. The applicant must follow the procedures for obtaining a Special Permit as set
forth in Section 10.3 of the Zoning Bylaw.
xii. If applicable, the applicant must follow the procedures for Site Plan Review
under Section 8.3, Site Plan Review.
2. Submission Requirements:
The Planned Commercial Development District plan shall include all of the information
required under Section 8.3 (5) of the Zoning Bylaw in addition to the following:
3. Minimum requirements:
The Plan, at a minimum, shall be subject to the following conditions. The Planning Board
shall make a determination that the project meets all of the following criteria:
a. The project is consistent with the objectives set forth in Paragraph 15.1.
b. The proposed project shall not generate traffic flows that, in the opinion of
the Planning Board, are excessive for the project location; further, ingress
and egress for traffic flow and traffic circulation within the project are
designed properly so that there will be no serious hazard to vehicles or
pedestrians.
c. Adequate parking facilities are provided for each use and structure in the
development.
d. Major facilities or functions are designed to be visually compatible with
natural, historical and neighborhood characteristics of the site.
e. The project does not adversely affect the natural environment to the
detriment of community character.
£ The project must meet the requirements of Section 8.10, Lot/Slope
Requirements.
15.5 RELATION TO SUBDIVISION CONTROL ACT
Approval of a Planned Commercial Development District Special Permit hereunder shall
not substitute for compliance with the Subdivision Control Act, nor obligate the Planning
Board to approve any related definitive plan for subdivision, nor reduce any time period
for Board consideration under that law. However in order to facilitate processing, the
Planning Board may insofar as practicable under existing law, adopt regulations
establishing procedures for submissions of a combined plan and application which shall
satisfy this section and the board's regulations under the Subdivision Control Act.
Article 46. Amend Zoning Bylaw Section 3.1 Establishment of
Districts (Zoning Districts and Boundaries) — Adding Planned Commercial
Development District and Amending Table 1 and Table 2 of the Zoning Bylaw.
UNANIMOUSLY VOTED to amend the North Andover Zoning Bylaw by amending
Section 3.1 Establishment of Districts, by adding the term "Planned Commercial
Development District" to the list of Districts; and amending Table 1 and Table 2 of the
Bylaw to include the uses and dimensional requirements of the Planned Commercial
Development District as printed in the warrant with the following amendment:
Revise Table 1 so as to include Art Galleries and Funeral Parlors as
allowed uses by Special Permit and existing letters for all these uses should be replaced
with SP*. The revised Tables are:
TABLE 1
Permitted Use Residential Business
R 1,2,3 R4 VR R5 R6 B1 B2 B3 B4 VC GB Il
Agricultural Use* Y Y Y Y Y Y Y Y Y N Y Y
Art Gallery N N N N SP Y Y Y Y Y Y Y
Auto Service Station* N N N N N N Y* Y* N N Y* N
Auto&Vehicle Repair/Body Shop N N N N N N N N N N Y N
Bus Garage N N N N N N N N N N Y N
Business&Other Offices N N N N Y N* Y Y Y Y Y Y
Car Wash N N N N N N N N N Y Y N
Congregate Housing N SP N N N N N N N N N N
Continuing Care Retirement Center Y* N N N N N N N N N N N
Eating&Drinking Establishment N N N N* SP* N* Y Y N* Y Y N*
Funeral Parlor N N N N SP N Y Y N Y Y N
Golf Course Y Y Y Y Y N N N N N N Y
Guest House N Y Y Y Y N N N N N N N
Independent Edlerly Housing Y N N N N N N N N N N N
Indoor Place of Amusement or Assembly N N N N N N Y Y N Y Y N
Indoor Ice Skating Facility N N N N N N N N N N N SP
Lumber,Fuel Storage or Contractor's Yard N N N N N N N N N Y Y N
Manufacturing* N N N N N N N N N N N Y
Medical Center* N N N N N N Y Y Y Y Y Y
Motel or Hotel N N N SP N N N N Y* N N N
Multi-Family Dwellings&Apts. N N Y** Y* Y Y SP N N N N N
Municipal Recreation Area Y Y Y N Y N N N N N N N
New Car Sales* N N N N N N N Y N N Y N
Non-Profit School Y Y Y Y Y Y Y Y Y Y Y Y
Nursing&Convalescent Homes* SP SP SP SP SP N N N Y N N N
One-Family Dwelling Y Y Y Y Y Y N N N N N N
Personal Services N N N N* SP* Y Y Y N* Y Y N*
Places of Worship Y Y Y Y Y Y Y Y Y Y Y Y
* See detailed District Use Regulations
SP-With Special Permit Only
**Refer to Section 8.1(13)and 8.4
Note: This chart is for summary information purposes only and is not a substitute for the detailed district use regulations contained
TABLE 2
TABLE
2
Res. Res. Res. Res. Village Res. Res. Bus. Bus. Bus. Bus. Village General Ini
1 2 3 4 Res. 5 6 1 2 3 4 Comm. Bus. 1
Lot Area
Min.S.F. 87,120 43,560 25,000 12,500 43,560 43,560 130,680 25,000 25,000 120,000 80,000 90,000 25,000 80,C
Height
Max(ft) 35 35 35 35 35 35 35 35 35 35 60 40 45 5.
Street Frontage
mill(ft) 175 150 125 100 85 150 150 125 125 300 200 200 125 15
Front Set Back
Min.(ft) 30 30 30 30 25 30 25 30 25 100 50 50 25 5(
Side Set Back
Min.(ft) 30 30 20 15 15 25 15 20 25 50 50 25 25 5(
Rear Setback
Min(ft) 30 30 30 30 30 30 30 30 30 50 50 25 35 5(
Floor Area
Ratio Mix N/A N/A N/A N/A N/A 0.75:1 0.25:1 0.30:1 0.75:1 0.40:1 1.50:1 N/A N/A 0.5(
Lot Coverage
Max. N/A N/A N/A N/A N/A 20% 20% 30% 35% 30% 25% 25% 35% 35'
Dwelling Unit
Density Max/Acre N/A N/A N/A N/A 1/acre Multi- 9/acre N/A N/A N/A N/A N/A N/A NL
Family
Townhouse
Open Space 25%
'wo stories not to exceed 4011.
**Refer to Sections 8.1(13)and 8.4(6)
Please refer to footnotes for additional information
Article 47. Amend the North Andover Zoning Map — Parcels on Waverley Road
and Turnpike Street. UNANIMOUSLY VOTED to amend the Zoning Map of the
Town of North Andover for the following parcels fronting along Waverley Road and
Route 114 (also known as Salem Turnpike) and totaling approximately 5.3 acres. Said
parcels consisting of ten residential parcels; five fronting on Route 114, with street
addresses of 21, 29, 35, 41 and 47; and five fronting on Waverley Road with street
addresses of 768, 782, 792, 802 and 814, all parcels as shown on the North Andover
Assessors Map 27; as parcels 16, 17, 18, 19, 20, 21, 23, 24, 25, 26. The amendment of
the Zoning Map for the aforementioned parcels shall be from the current zoning
designation of Residential 4 to be placed by the Zoning district Planned Commercial
Development. Said parcels are shown below.
Petition of Alberto Angles and others
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VOTED MAY 17, 2004
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Article 48. Amend Zoning Map — Office Building 1060 Osgood Street Intersection
of Route 125 and 133 — Assessors Map 35 Parcel 29 from 12 (industrial 2,) to
Business 2 (132). UNANIMOUSLY VOTED to amend the Zoning Map of the Town
of North Andover to rezone the two-story office building located at 1060 Osgood Street
at the intersection of Routes 125 and 133 North Andover Assessor's Map 35 Parcel 29
from 12 (Industrial 2) to B2 (Business 2).
Petition of Martin S. Cohen and others
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12 (Indust. 2) to B2 (Bus.2) � ��II:,
VOTED MAY 17, 2004
Article 49. Roadway Acduisitions: — Coachman's Lane, Concord Street, Easy
Street, Highland View Avenue, Morningside Lane and Russett Lane
To see if the Town will authorize the Board of Selectmen to acquire by gift, purchase, or
eminent domain the following ways:
Coachman's Lane (,Off Great Pond Road). A way known as Coachman's Lane as
shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover;
prepared for Coachman's Lane, scale F=50', dated 9/1/03; prepared by Christiansen &
Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover
DPW; and to award no damages for said eminent domain taking; or to take any other
action relative thereto. The roadway is further described as follows:
Beginning at a point at the southerly street line of Great Pond Road, thence
running along a curve to the left with a radius of 19.25 feet, 30.28 feet to a point
of reverse curvature, thence running along a curve to the right with a radius of
263.39 feet, 119.45 feet to a point of tangency, thence running South 04°-02'-00"
East, 100.00 feet to a point of curvature, thence running along a curve to the right
with a radius of 816.50 feet, 113.29 feet to a point of reverse curvature, thence
running along a curve to the left with a radius of 334.60 feet, 101.57 feet to a
point of reverse curvature, thence running along a curve to the right with a radius
of 551.98 feet, 114.80 feet to a point of tangency, thence running South Ol°-33'-
30" East, 162.00 feet to a point of curvature, thence running along a curve to the
right with a radius of 451.54, 305.39 feet to a point of reverse curvature, thence
running along a curve to the left with a radius of 151.53 feet, 256.89 feet to a
point of tangency, thence running South 59°-56'-30" East, 210.00 feet to a point
of curvature, thence running along a curve to the left with a radius of 303.92 feet,
581.14 feet to a point of compound curvature, thence running along a curve to the
left with a radius of 100.00 feet, 12.22 feet to a point of reverse curvature, thence
running along a curve to the right with a radius of 60.00 feet, 282.57 feet to a
point of reverse curvature, thence running along a curve to the left with a radius of
25.00 feet, 31.84 feet to a point of reverse curvature, thence running along a curve
to the right with a radius of 353.92 feet, 615.89 feet to a point of tangency, thence
running North 59°-56'-30" West, 210.00 feet to a point of curvature, thence
running along a curve to the right with a radius of 201.53 feet, 341.65 feet to a
point of reverse curvature, thence running along a curve to the left with a radius of
401.54 feet, 271.57 feet to a point of tangency, thence running North Ol°-33'-30"
West, 162.00 feet to a point of curvature, thence running along a curve to the left
with a radius of 501.98 feet, 104.40 feet to a point of reverse curvature, thence
running along a curve to the right with a radius of 384.60 feet, 116.74 to a point of
reverse curvature, thence running along a curve to the left with a radius of 766.50
feet, 106.35 feet to a point of tangency, thence running North 04°-02'-00" West,
100.00 feet to a point of curvature, thence running along a curve to the left with a
radius of 213.39 feet, 96.77 feet to a point of compound curvature, thence running
along a curve to the left with a radius of 20.19 feet, 31.24 feet to a point along the
southerly street line of Great Pond Road, thence running North 61'-19'-00" East,
44.73 feet along the street line of Great Pond Road, thence continuing to run
along the street line of Great Pond Road, North 59°-52' East, 44.31 feet to the
point of beginning.
Concord Street (Off Osgood Street) A way known as Concord Street as
shown on a Plan of Land entitled, "Street Acceptance Plan located in North
Andover; prepared for Concord Street, scale 1"=40', dated 9/1/03; prepared by
Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the
Town of North Andover DPW; and to award no damages for said eminent domain
taking, or take any other action relative thereto. The roadway is further described
as follows:
Beginning at a point at the northerly street line of Osgood Street, said point being
140.47 feet easterly of a Massachusetts Highway Bound with drill hole, thence
running North 27-47'47" West, 776.05 feet to a point, said point being the
southwesterly intersection with Bunker Hill Street, thence running North 62°-12'-
13" East, 40.00 feet to a point, thence running South 27°-47'-47" East, 779.02
feet to a point at the northerly street line of Osgood Street, thence running South
64°-38'-49" West, 26.84 feet to a point of tangency, thence running South 70°-
06'-23" West, 13.31 feet to the point of beginning.
Easy Street (Off Abbott Street) A way known as Easy Street as shown on a Plan
of Land entitled, "Definitive Subdivision Plan of Land, Abbott Meadows, North
Andover, MA; prepared for S.B. Homes Inc., 345 Stevens Street North Andover, MA;
prepared by Frank C. Gelinas & Associates Inc, 451 Andover Street North Andover, MA
, scale 1"=40', dated January 23, 1981, revised June 11, 1981. Said plan recorded with
the Essex North District Registry of Deeds as Plan No. 8690.
Highland View Avenue (From Chadwick Street to Furber Avenue) A way
known as Highland View Avenue as shown on a Plan of Land entitled, "Street
Acceptance Plan located in North Andover; prepared for Highland View Avenue, scale
1"=40', dated 9/l/03; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill,
MA 01830 on file with the Town of North Andover DPW; and to award no damages for
said eminent domain taking, or take any other action relative thereto. The roadway is
further described as follows:
Beginning at a point at the northerly street line of Furber Avenue, said point being
180.00 feet westerly of Wentworth Avenue, thence running North 85°-26'-58"
West, 50.22 feet along the street line of Furber Avenue to a point, thence running
North 00°-48'-19" West, 1020.18 feet to a point, said point being located along
the southerly street line of Chadwick Street, thence running North 84°-31'-00"
East, 50.17 feet along the street line of Chadwick Street to a point, thence running
South 00°-48'-19" East, 1028.96 feet to a point, said point being the point of
beginning.
Morningside Lane (Off Winter Street) A way known as Morningside Lane as
shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover;
prepared for Morningside Lane and Russett Lane, scale 1"=60', dated 9/1/03;prepared by
Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of
North Andover DPW; and to award no damages for said eminent domain taking, or take
any other action relative thereto. The roadway is further described as follows:
Beginning at a point at the northerly street line of Winter Street, thence running
along a curve to the left with a radius of 25.00 feet, 48.95 feet to a point of
tangency, thence running North 08°-13'-02" East, 775.00 feet to a point of
curvature, thence running along a curve to the left with a radius of 25.00 feet,
39.27 feet to a point of tangency, thence running North 08°-13'-02" East, 45.00
feet to a point of curvature, thence running along a curve to the left with a radius
of 25.00 feet, 39.27 feet to a point of tangency, thence running North 08°-13'-02"
East, 353.86 feet to a point, thence running South 81°-46'-58" East, 45.00 feet to
a point, thence turning and running South 08°-13'-02" West, 95.00 feet to a
point; thence continuing to run South 08°-13'-02" West, 1,164.96 feet to a point
of curvature; thence running along a curve to the left with a radius 25.00 feet,
30.27 feet to a point along the street line of Winter Street; thence running North
61°-09'-30" West, 89.33 feet along the street line of Winter Street, thence
continuing to run along the street line of Winter Street, North 59°-36'-30" West,
12.98 feet to the point of beginning.
Russett Lane (Off Dale Street). A way known as Russett Lane as shown on a
Plan of Land entitled, "Street Acceptance Plan located in North Andover;
prepared for Morningside Lane and Russett Lane, scale 1"=60', dated 9/1/03;
prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on
file with the Town of North Andover DPW; and to award no damages for said
eminent domain taking; or take any other action relative thereto. The roadway is
further described as follows:
Beginning at a point at the northerly street line of Dale Street, at a point of
curvature, thence running along a curve to the left with a radius of 25.00 feet,
28.00 feet to a point of tangency, thence running North 04°-55'-30" East, 65.00
feet to a point of curvature, thence running along a curve to the left with a radius
of 760.00 feet, 460.38 feet to a point of tangency, thence running North 29°-46'-
58" West, 500.91 feet to a point of curvature, thence running along a curve to the
left with a radius of 540.00 feet, 490.09 feet to a point of compound curvature,
thence running along a curve to the left with a radius of 25.00 feet, 39.27 feet to a
point of tangency with the street line of Morningside Lane, thence turning and
running North 08°-13'-02" East, 95.00 feet along the common street line of
Morningside Lane to a point of curvature, thence running along a curve to the left
with a radius of 25.00 feet, 39.27 feet to a point of reverse curvature, thence
running along a curve to the right with a radius of 585.00 feet, 530.93 feet to a
point of tangency, thence running South 29°-46'-58" East, 500.91 feet to a point
of curvature; thence running along a curve to the right with a radius of 805.00
feet, 487.64 feet to a point of tangency, thence running South 25°-32"-40" East,
10.81 feet to a point, thence running South 04°-25' West, 49.74 feet to a point
along the northerly street line of Dale Street, thence running North 87-12'45-
West, 6.66 feet along the street line of Dale Street to a point, thence continuing to
run along the street line of Dale Street South 69°-06'-10" West, 64.86 feet to the
point of beginning.
Petition of Department of Public Works
VOTED MAY 17, 2004
Article 50. Roadway Acceptances: — Foxwood Drive (Off Salem Street,) and
Weyland Circle (Off Foxwood Drive). VOTED BY MAJORITY VOTE to accept
as a public ways Foxwood Drive and Weyland Circle as shown on a Plan of Land
entitled, "Definitive and Special Permit Plan Foxwood in North Andover, Mass." Owned
and Developed by Summer Street Realty Trust 733 Turnpike Street-Suite 209, North
Andover, MA 01845, scale 1"=40', May 1993, Revised 12-9-93, prepared by Merrimack
Engineering Services, 66 Park Street, Andover, Massachusetts 0 18 10. Said plan recorded
with the Essex North District Registry of Deeds as Plan No. 12371.
Petition of Department of Public Works
VOTED MAY 17, 2004
Article 51. Roadway Acceptance — Avery Park Drive (formerly Donna Drive).
UNANIMOUSLY VOTED to accept as a Public Way: Avery Park Drive (formerly
Donna Drive) as shown on a plan entitled, Definitive Subdivision Plan of Land in North
Andover, MA., prepared for TDJ Development Corp. 40 Lowell Road, Salem, NH
03079, prepared by Andover Consultants, Inc. of Methuen, MA, Plan approved 5/26/92,
endorsed 2/6/96 and recorded as Plan #12784 at the Essex North District Registry of
Deeds on 3/6/96.
Petition of Domenic J. Scalise and
others
VOTED MAY 17, 2004
Article 52. Roadway Acceptance Stonewedge Circle (Off Webster Woods Lane.
UNANIMOUSLY VOTED to accept as a Public Way: Stonewedge Circle as shown on
a plan entitled, Stonewedge Circle North Andover , MA., prepared for Campbell Forest,
LLC, 231 Sutton St. Suite 2F North Andover, MA 01845, prepared by Engineering
Alliance, Inc. of Saugus , MA. Plan dated 9/28/99 and recorded as Plan #13712 at the
Essex North District Registry of Deeds on 4/13/00.
(Stonewedge Circle is off Webster Woods Lane and was originally part of the Campbell
Forest Subdivision)
Petition of Domenic J. Scalise and others
VOTED MAY 17, 2004
Article 53. Roadway Acceptance Webster Woods Lane (formerly Joanne Drive).
UNANIMOUSLY VOTED to accept as a Public Way: Webster Woods Lane (formerly
Joanne Drive) as shown on a plan entitled, Definitive Subdivision Plan of Land in North
Andover, MA., prepared for TDJ Development Corp., 40 Lowell Road Salem NH 03079,
prepared by Andover Consultants, Inc. of Methuen, MA. Plan approved 5/26/92,
endorsed 2/6/96 and recorded as Plan #12784 at the Essex North District Registry of
Deeds on 3/6/96.
Petition of Domenic J. Scalise and others
VOTED MAY 17, 2004
Article 54. Acceptance of Fee Title and Deeds in Connection with Layout of Public
Ways of Webster Woods Lane, Avery Park Drive and Stonewedlie Circle.
UNANIMOUSLY VOTED to authorize the Board of Selectmen to accept fee title and
confirm the acceptance of deeds to certain lands identified as "Parcel A", "Parcel B" and
"Right of Way A", each as shown on a plan entitled, Definitive Subdivision Plan of Land
in North Andover, Massachusetts, Scale 1"=200', dated December 4, 1991, Revised
March 12, 1992, Owner and Applicant: T.D.J. Development Corp., 40 Lowell Road,
Salem,New Hampshire 03079, Engineer and Surveyor: Andover Consultants, Inc., 1 East
River Place, Methuen, Massachusetts 01844," which plan is recorded with Essex North
District Registry of Deeds as Plan No. 12784, the conveyance of said lands being made in
connection with the layout as public ways of Webster Woods Lane, Avery Park Drive
and Stonewedge Circle, and as contemplated by the subdivision approval and plans
concerning said roadways.
Petition of Brian G. Vaughan and others
VOTED MAY 17, 2004
Article 55. Roadway Acceptance Country Club Circle (off Great Pond Road) as a
Public Way. UNANIMOUSLY VOTED to accept as a Public Way: Country Club
Circle as shown on a Plan entitled, "Definitive Subdivision Plan of Country Club Estates",
designed for Marie W. Loughlin of 465 Great Pond Road North Andover, Ma 01845,
prepared by Thomas E. Neve Associates, Inc of Topsfield, Ma and recorded with the Essex
North District Registry of Deeds as Plan No. 13365.
Petition of John Grasso and others
VOTED MAY 17, 2004
Article 56. Roadway Acceptance— Delucia Way— off Waverley Road. To see if
the Town will vote to accept Delucia Way (off Waverley Road) as a public way.
Petition of Stephen Smolak and others
UNANIMOUSLY VOTED to "Take No Action" on Article 56.
Upon Motion Made by Rosemary Connelly Smedile seconded by Keith A. Mitchell a
Unanimous Vote to Dissolve the 2004 Annual Town Meeting was taken on May 17,
2004 at 10:07PM.