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Town of North Andover
Annual Town Meeting Warrant
May 11, 2010
COMMONWEALTH OF MASSACHUSETTS ESSEX, SS.
To either of the Constables of the Town of North Andover:
GREETINGS:
In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of
the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town
Charter, you are hereby directed to notify and warn the inhabitants of the Town of North Andover
who are qualified to vote in Town affairs to meet at the North Andover High School, 430 Osgood
Street Tuesday May 11, 2010, at 7:00 PM then and there to act upon the following articles:
Article A. Reports of Special Committees. To see if the Town will vote to hear the reports of
any appointed special committees;
Or to take any other action relative thereto.
Board of Selectmen
Article B. Reports of Receipts and Expenditures. To see if the Town will vote to accept the
reports of receipts and expenditures as presented by the Selectmen in the 2009 Annual Town Report;
Or to take any other action relative thereto.
Board of Selectmen
Article C. Authorization of the Town Manager or Superintendent of Schools Regarding
Contracts in Excess of Three Years. To see if the Town will vote in accordance with the
provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the Town
Manager or the Superintendent of Schools to solicit and award contracts, except personnel contracts,
for terms exceeding three years, including any renewal, extension or option, provided in each instance
the longer term is determined to be in the best interest of the Town by vote of the Board of Selectmen
or the School Committee, as appropriate;
Or to take any other action relative thereto.
Board of Selectmen
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Article D. Authorization to Accept Grants of Easements. To see if the Town will vote to
authorize the Board of Selectmen and the School Committee to accept grants of easements for access,
water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and
Committee deem in the best interest of the Town;
Or to take any other action relative thereto.
Board of Selectmen
Article E. Authorization to Grant Easements. To see if the Town will vote to authorize the
Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer,
roadway and utility purposes on terms and conditions the Board and Committee deem in the best
interest of the Town;
Or to take any other action relative thereto.
Board of Selectmen
Article F. Compensation of Elected Officials. MAJORITY VOTE to fix the salary and
compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the
Massachusetts General Laws as follows:
Board of Selectmen/Licensing Commissioners, per person, per annum $5,000
Chairman of Board of Selectmen, per annum, in addition $500
School Committee, per person, per annum $5,000
Chairman, School Committee, per annum, in addition $500
Moderator, For Annual Town Meeting $500
For each Special Town Meeting $250
Or to take any other action relative thereto.
Board of Selectmen
Article G. Amend General Fund Appropriation For Fiscal Year 2010. To see if the Town will
vote to amend the General Fund Appropriation for Fiscal Year 2010 as voted under Article 13 of the
2009 Annual Town Meeting;
Or to take any other action relative thereto.
Board of Selectmen
Article H. Amend Water Enterprise Fund Appropriation for Fiscal Year 2010. To see if the
Town will vote to amend the vote taken on Article 18 Water Enterprise Fund Appropriation - Fiscal
Year 2010 at the 2009 Annual Town Meeting;
Or to take any other action relative thereto.
Board of Selectmen
Article I. Amend Sewer Enterprise Fund Appropriation for Fiscal Year 2010. To see if the
Town will vote to amend the vote taken on Article 19 Water Enterprise Fund Appropriation - Fiscal
Year 2010 at the 2009 Annual Town Meeting;
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Or to take any other action relative thereto.
Board of Selectmen
Article J. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal
Year 2010. To see if the Town will vote to amend the vote taken on Article 20 Stevens Estate at
Osgood Hill Enterprise Fund Appropriation -Fiscal Year 2010 at the 2009 Annual Town Meeting;
Or to take any other action relative thereto.
Board of Selectmen
Article K. Prior Years Unpaid Bills. To see if the Town will vote to raise and appropriate,
transfer from available funds or otherwise provide a sum or sums of money for the purpose of paying
unpaid bills of prior years of the Town listed below;
Or to take any other action relative thereto.
Board of Selectmen
Article L. Amend Capital Improvement Plan Appropriations from Prior Years. To see if the
Town will vote to amend prior Capital Improvement Plan Appropriation for prior Fiscal Years as
voted by:
A. Transfer unexpended bond proceeds from the FY2008 Capital Improvement Plan, May 14,
2007 Annual Town Meeting, Article 21, Line 23, "Waverly Road Relief Sewer Main", an amount
not to exceed $495,000 to fund a new project "Sutton Street Sewer Improvements".
B. Transfer unexpended bond proceeds or other funding sources from May 13, 2008 Annual
Town Meeting, Article 22, "Preschool Facility" an amount not to exceed $164,000 to the
"Appropriation of funds for Modular School Buildings Project", May 12, 2009 Annual Town
Meeting, Article 24.
Or to take any other action relative thereto.
Board of Selectmen
Article M. General Fund Appropriation Fiscal Year 2011. To see if the Town will vote to raise
and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the
purpose of funding the General Fund for the Fiscal Year beginning July 1, 2010 and ending June 30,
2011;
Or to take any other action relative thereto.
Board of Selectmen
Article N. Water Enterprise Fund Appropriation-Fiscal Year 2011. To see if the Town will
vote to appropriate from Water Enterprise Fund Revenues, transfer from available funds or otherwise
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provide a sum or sums of money for the purpose of funding the Water Enterprise Fund for the Fiscal
Year beginning July 1, 2010 and ending June 30, 2011;
Or to take any other action relative thereto.
Board of Selectmen
Article O. Sewer Enterprise Fund Appropriation-Fiscal Year 2011. To see if the Town will vote
to appropriate from Sewer Enterprise Fund Revenues, transfer from available funds or otherwise
provide a sum or sums of money for the purpose of funding the Sewer Enterprise Fund for the Fiscal
Year beginning July 1, 2010 and ending June 30, 2011;
Or to take any other action relative thereto.
Board of Selectmen
Article P. Stevens Estate at Osgood Hill Enterprise Fund Appropriation -Fiscal Year 2011.
To see if the Town will vote to appropriate from Stevens Estate at Osgood Hill Enterprise Fund
Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose
of funding the Stevens Estate at Osgood Hill Enterprise Fund for the Fiscal Year beginning July 1,
2010 and ending June 30, 2011;
Or to take any other action relative thereto.
Board of Selectmen
Article Q. Capital Improvement Plan Appropriation Fiscal Year 2011.
To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow
under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary to
fund the Town Capital Improvement Program for Fiscal Year 2011 as detailed below, provided
that, pursuant to Massachusetts General Laws and Chapter 59-5 C of the General Bylaws of the
Town of North Andover, for any capital project in excess of$500,000 or any other appropriation,
the Town may, by vote of the Town Meeting, have the following condition added to it: "provided
that this appropriation and debt authorization be contingent upon passage of a Proposition 2 1/2
debt exclusion referendum under General Laws Chapter 59, Section 21C(k)":
FY 11 Capital Improvement Plan
Requested
Line # Project Description Division Amount
General Fund
1 Roadway Improvements Public Works $380,000
2 Sidewalk Reconstruction Public Works $50,000
3 Senior Center Roof Replacement Public Works $26,000
4 Facilities Master Plan Town Manager $150,000
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5 Police Station Equipment Police $405,000
School Information Technology Network Information
6 Equipment Technology $1,148,000
Information
7 Revenue Billing Software Technology $90,000
8 Middle School Roof Replacement School $310,000
9 Body Armor Replacement Police $40,000
10 Fire Department Radio Equipment Fire $432,000
11 Dump Truck, 2 Ton with Plow Public Works $55,000
12 Fire Sprinkler System at Kittredge School School $450,000
Water Enterprise Fund
Water Enterprise
13 Meter Replacement Fund $450,000
Or to take any other action relative thereto.
Board of Selectmen
Article R. Establishment of Revolving Funds. To see if the town will vote to authorize the
following revolving funds for certain Town departments under Massachusetts General Laws, Chapter
44, Section 53E '/z for the Fiscal Year beginning July 1, 2010;
Or to take any other action relative thereto.
Board of Selectmen
Article S. Report of the Community Preservation Committee and Appropriation From the
Community Preservation Fund. To receive the report of the Community Preservation Committee
and to see if the Town will vote to raise, borrow and/or appropriate from the Community Preservation
Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of
money to be spent under the direction of the Community Preservation Committee;
Or to take any other action relative thereto.
Community Preservation Committee
Article T. Continuation of Massachusetts General Laws Chapter 59 Section 5K— Senior Work
Program — Funding of $18,000. To see if the Town will vote to continue the provisions of
Massachusetts General Law, Chapter 59 Section 5K which establishes a program to allow persons
over the age of 60 to volunteer 100 hours per year to provide services to the Town to reduce their real
estate property tax provided, however, that any rules and regulations promulgated by the Board of
Selectmen to implement this program establish an amount to be allocated under this program in the
amount of$18,000; (DO WE NEED TO STATE WHERE IT COMES FROM??
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Or to take any other action relative thereto.
Council on Aging
Article U -1. Amend Zoning Bylaw-Section 2.63.1 — Si2n, Area of. To see if the Town will
vote to add a new definition in the Zoning Bylaw as follows:
2.63.1 Sign,Area of
(a). For a sign, either free-standing or attached, the area shall be considered to include all lettering,
wording and accompanying designs and symbols, together with the background, whether open or
enclosed, on which they are displayed but not including any supporting framework and bracing which
are incidental to the display itself.
(b). For a sign painted upon or applied to a building, the area shall be considered to include all
lettering, wording, and accompanying designs or symbols together with any backing of a different
color than the finish material of the building face.
(c). Where the sign consists of individual letters or symbols attached to or painted on a surface,
building, wall or window, the area shall be considered to be that of the smallest rectangle or other
convex shape which encompasses all of the letters and symbols;
Or to take any other action relative thereto.
Article U-2. Amend Zoning Bylaw Section 5.1.1-Earth Removal. To see if the Town will
vote to amend Section 5.1.1 of the Zoning Bylaw by deleting the stricken words and adding the
underlined words as follows:
5.1 General
1. Excavation, removal, stripping, or mining of any earth material exeept as hefei aft°r
wed on any parcel of land, public or private, in North Andover, is prohibited, except as
allowed by Section 5.4 Permits for Earth Removal; Section 5.5 Earth Removal Incidental to
Development, Construction or Improvements: and Section 5.6 Miscellaneous Removal of
Earth.
Or to take any other action relative thereto.
Article U -3. Amend Zoning Bylaw-Section 7.3 - Setbacks. To see if the Town will vote to
amend Section 7.3 of the Zoning Bylaw by adding the underlined words in the first paragraph and
adding Sections 7.31, 7.32 and 7.33 as follows:
7.3 Yards (Setbacks)
Minimum front, side and rear setbacks shall be as set forth in Table 2, except for eaves and
uncovered steps, and projections, as noted in sections 7.31, 7.32 and 7.33. Buildings on corner
lots shall have the required front setback from both streets, except in Residence 4 (R4) District,
where the setback from the side street shall be twenty (20) feet minimum.
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§7.31 —Projections into Front Yards
Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a
required side yard not more than one-third of its width and not more than four feet in any case.
Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may
project not more than one foot, and cornices and gutters not more than two feet, over a
required front yard.
§7.32 —Projections into Side Yards
Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a
required side yard not more than one-third of its width and not more than four feet in any case.
Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may
project not more than one foot, and cornices and gutters not more than two feet, over a
required side yard.
§7.33 —Projections into Rear Yards
Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a
required side yard not more than one-third of its width and not more than four feet in any case.
Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may
project not more than one foot, and cornices and gutters not more than two feet, over a
required rear yard.
Or to take any other action relative thereto.
Article U-4. Amend Zoning Bylaw-Section 9.3- Pre-Existing Non-conforming Single Family
Residential Structures and Uses in the Residential 1, Residential 2, Residential 3, Residential 4
and Residential 6 Districts. To see if the Town will vote to amend Section 9.3.a of the Zoning
Bylaw by adding "and two family" as follows:
9.3 Pre-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 and two 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 nonconforming than the existing structure.
Or to take any other action relative thereto.
Article V. Amend North Andover Zoning Bylaw— Section 4.121 Residence 1, 2 and 3. To see
if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.121 in order to
allow professional offices in an existing structure on municipally owned property within the R-2
District containing a minimum of 50 acres.
Amend Section 4.121 by adding the underlined language to read as follows:
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4.121 Residence 1 District
Residence 2 District
Residence 3 District
21. Professional offices in an existing structure located on municipally owned property within the
R-2 District containing a minimum of fifty (50) acres.
Or to take any other action relative thereto.
Board of Selectmen
Article W. Amend General Bylaws Chapter 127-Add New Section, Section 2, Dealers of
Secondhand Precious Metals Or Gems. To see if the Town will vote to amend Chapter 127 Junk
Dealers of the General Bylaws of the Town of North Andover to read Junk Dealers/Dealers of
Secondhand Precious Metals or Gems as follows:
127-2 Purchases:
a. All purchases by persons licensed under this provision shall be recorded in a bound book in
which shall be plainly written at the time of purchase, name address, age, date, time and
description of items purchased and signature of persons selling items. Positive photo
identification from everyone selling any item must be shown. There shall be no purchase
from a minor. All purchases of precious metals shall be made on licensed premises only. A
report shall be filed with the Chief of Police on the forms provided by him of all purchases
made that day.
b. There shall be a fifteen-day holding period within the town or a place designated by the Chief
of Police, for all items purchased. All items purchased shall be made available for inspection
by the Police Department, T own Manager or his designee. No item shall be altered during
the fifteen-day holding period. If purchasing from other dealers, the licensee shall maintain
the same records and same book for the same period as previously stated. (State law reference
M.G.L.Ch266,§142)
Or to take any other action relative thereto.
Article X. Amend Chapter 129 of the General Bylaws — Add New Section-Section 2-
Fortunetellers. To see if the Town will vote to amend the Chapter 129 General Bylaws of the
Town of North Andover by adding a new section, Section 2, Fortuneteller to read as follows:
129-2 Fortunetellers
129-2-1 Definition
Any person going under the title of fortuneteller, reader, adviser or seer, medium,
healer or spiritualist, palm reader, card reader or physic shall be deemed a fortuneteller, for the
purpose of this bylaw
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129-2-2 License Required— Qualifications of Applicant
It shall be unlawful for any person to engage in the business of fortuneteller without
first obtaining a license for the Licensing Commission. Application for licenses shall be made
on forms to be provided by the license commission and shall include the applicant's complete
identification, signature and proposed method of operation. A statement shall be submitted
with any application from the Criminal History
Town Clerk
Or to take any other action relative thereto.
Article Y. Amend Zoning Bylaw Section 8.9 Wireless Service Facilities. To see if the Town
will vote to amend Section 8.9 of the Zoning Bylaw for the Town of North Andover by deleting
Section 8.9 in its entirety and replacing it with the following which includes a Wireless
Telecommunications Overlay District:
Section 8.9 Wireless Service Facilities
1) Purpose
a) It is the express purpose of this Bylaw to minimize the visual and environmental
impacts as well as any potential deleterious impact on property value, of wireless
service facilities upon properties located within the Town. The Planning Board shall
be the Special Permit Granting Authority for the issuance of a special permit to allow
the placement, construction and modification of wireless service facilities within the
town. 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.
b) The regulation of wireless service facilities is consistent with the purpose of the North
Andover Zoning Bylaw and planning efforts at the local government level to further
the conservation and preservation of developed, natural and undeveloped areas,
wildlife, flora and habitats for endangered species; protection of the natural resources
of North Andover, enhancement of open space areas and respect for North Andover's
rural character.
c) This Bylaw is intended to be consistent with the Telecommunications Act of 1996 in
that:
1. it does not prohibit or have the effect of prohibiting the provision of Wireless
Services;
2. it is not intended to be used to unreasonably discriminate among providers of
functionally equivalent Wireless Services;
3. it does not regulate Wireless Services on the basis of the environmental effects of
radio frequency emissions beyond requiring compliance with the Federal
Communication Commission's regulations concerning such emissions.
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d) If the application of any of the provisions of this Bylaw results in a violation of the
Federal Telecommunications Act of 1996, then the Federal Act shall supersede that
particular provision of this Bylaw.
2) Definitions for Purposes of this Section 8.9:
a) Above Ground Level (AGL). A measurement of height from the natural grade of a
site to the highest point of the structure.
b) Above Mean Sea Level (AMSL). A uniform point from which height above sea level
(or zero elevation) can be measured.
c) Antenna. The surface from which wireless radio signals are sent and received by a
wireless service facility.
d) Camouflaged. A wireless service facility that is disguised, hidden, part of an existing
or proposed structure or placed within a preexistent or proposed structure is considered
to be "camouflaged."
e) Carrier. A company that provides wireless services.
f) Co-location. The use of a single mount or monopole wireless service facility
(monopole) by more than one carrier (vertical co-location) and/or the locating of more
than one carrier's wireless service facility in or on a preexistent building or structure.
g) Cross-polarized (or dual-polarized) antenna. A low mount that has three panels
flush mounted or attached very close to the shaft.
h) Distributed Antenna System (DAS). A multiple antenna system including antennas
and control boxes typically installed on utility poles interconnected via cable or fibers
belonging to the access point/base station dispersed across a coverage area. The
system shall be capable of co-locating multiple Wireless Service providers
simultaneously.
i) Elevation. The measurement of height above mean sea level.
j) Environmental Assessment (EA). An EA is the document required by the Federal
Communications Commission (FCC) and the National Environmental Policy Act
(NEPA) when a wireless service facility is placed in certain designated areas.
k) Equipment Shelter. An enclosed, structure, cabinet, shed or box at the base of the
mount within which are housed batteries and electrical equipment.
1) Functionally Equivalent Services. Cellular, Personal Communication Services (PCS),
Enhanced Specialized Mobile Radio, Specialized Mobile Radio and Paging.
m) GPS. Ground Positioning System by satellite location of antennas.
n) Guyed Tower. A lattice tower that is tied to the ground or other surface by diagonal
cables.
o) Lattice Tower. A type of mount made with cross bracing of structural steel. It may be
either self supporting or guyed.
p) Licensed Carrier. A Company authorized by the FCC to construct and operate a
commercial mobile radio service system.
q) Monopole. The type of mount that is self-supporting with a single shaft of wood steel
or concrete or other material and a platform (or racks) for panel antennas arrayed at the
top.
r) Mount. The structure or surface upon or in which antennas are mounted, including but
not limited to the following four types of mounts and each mount shall be low profile
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mounted:
(1) Roof Mounted: Mounted on the roof of a building.
(2) Side-mounted: Mounted on the side of a building
(3) Ground-mounted: Mounted on the ground.
(4) Structure-mounted: Mounted in or on a pre-existent building or structure.
s) Omnidirectional (whip) antenna. A thin rod that beams and receives a signal in all
directions.
t) Panel Antenna. A flat surface antenna usually developed in multiples.
u) Preexisting Structure: A preexisting wireless service facility or a preexisting
building or structure. As used in Section 8.9 of this bylaw the term "structure" shall
include buildings.
v) Radiofrequency (RF) Engineer. An engineer specializing in electric or microwave
engineering, especially the study of radio frequencies.
w) Radiofrequency Radiation (RFR). The emissions from wireless service facilities as
defined in the FCC Guidelines for Evaluating the 65 Environmental Effects of
Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines
and regulations.
x) Security Barrier. A locked impenetrable wall, fence or berm that completely seals an
area from unauthorized entry or trespass.
y) Separation. The distances between one array of antennas and another array.
z) Stealth Antenna. An antenna, dish or other facility--not including ground based
support facilities—which is fully concealed inside a pre-existing structure such that no
part of the stealth antenna is visible from street level. This definition shall only apply
to antennae, monopoles and antenna-like devices and not to any equipment necessary
for the operation of the antennae-like devices, which equipment may be located
outside the pre-existing structure.
aa)Utility. A system of wires or conductors and supporting structures that functions in the
transmission of electrical energy or communication services (both audio and video)
between generating stations, sub-stations, and transmission lines or other utility
services.
bb)Wireless Service Facility. Facilities used for the principle purpose of commercial or
public wireless communications uses, such as cellular telephone services, enhanced
specialized mobile radio services, microwave communications, wireless
communications services, paging services and the like, as defined in Section 704 of the
Federal Telecommunications Act of 1996, as amended. Such facilities shall include
towers, monopoles, antennae, antennae support structures, panels, dishes and
accessory structures.
cc) Wireless Services. The three types of services regulated by this Bylaw: commercial
mobile radio services, unlicensed wireless services, and common carrier wireless
exchange access services as defined in the Telecommunications Act of 1996, as
amended.
3) General Regulations
a) Use Regulations: A wireless service facility shall require a building permit in all cases
and may be permitted as follows:
i) The carrier must demonstrate that the facility is necessary in order to provide
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adequate service to the public.
ii) A wireless service facility may locate on any existing guyed tower, lattice tower,
monopole or electric utility transmission tower for which a special permit issued
under this Section 8.9 is in effect, provided that the new facility shall obtain a
special permit from the Planning Board and, provided further that any new facility
shall not exceed the terms and conditions of the special permit in effect for the
existing facility on which it is to be located.
iii) No wireless service facility shall be located in the Town except upon issuance of a
special permit. Small scale wireless facilities which satisfy the conditions in order
for the Federal Communications Commission's Over-the-Air Reception Devices
("OTARD") rules to apply and which are consistent with the OTARD rules are
exempt from this bylaw..
iv) As required by the federal Telecommunications Act of 1996, there may be no
regulation of a wireless service facility on the basis of the environmental effects
of radio frequency emissions, other than as required by the Federal
Communications Commission.
v) The installation, construction, or other placement of new lattice towers or guyed
towers (as distinguished from those existing at the time of the inception of this
Bylaw) shall not be permitted.
b) Location:
i) The Wireless Telecommunications Overlay District (WTOD) is intended to
protect the resources of the Town, while allowing adequate Wireless
Telecommunications to be developed. The WTOD is an overlay district
mapped over other districts. It modifies and where there is inconsistency,
supersedes the regulations of such other districts. Except as so modified or
superseded, the regulations of the underlying districts remain in effect. Any use
of lands within the WTOD for purposes of placement, construction, modification
or removal of Wireless Service Facilities shall be subject to the requirements of
Section 8.9 of this Bylaw. The District includes the properties listed below.
These properties are included by reason of their potential to provide technically
feasible and accessible locations for the siting of facilities which can provide
adequate wireless telecommunications services to the Town. Properties not
currently in the WTOD can only be added to the WTOD by vote of Town
Meeting.
ii) Upon issuance of a Special Permit by the Planning Board, a Wireless Service
Facility (including DAS and those with a monopole) may only be installed in the
following districts and properties except as also provided in subsection (iii):
1. All parcels within the following zoning districts as of March 1, 2010: Business
2 and 3; Corridor Development Districts 1, 2 and 3; Industrial 1 and 2.
2. The following parcels on the Town Assessor's Map as of March 1, 2010:
Map 108A, Parcel 3 (Commonwealth of Massachusetts)
Map 90B, Parcel 11 (Commonwealth of Massachusetts)
Map 106C, Parcel 17 (Commonwealth of Massachusetts)
Map 106C, Parcel 16 (Commonwealth of Massachusetts)
Map 106C, Parcel 7 (Commonwealth of Massachusetts)
Map 106C, Parcel 43 (Commonwealth of Massachusetts)
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Map 106D, Parcel 5 (Commonwealth of Massachusetts)
Map 106B, Parcel 215 (Commonwealth of Massachusetts)
Map 106B, Parcel 214 (Commonwealth of Massachusetts)
Map 106C, Parcel 30 (Commonwealth of Massachusetts)
Map 106C, Parcel 32 (Commonwealth of Massachusetts)
Map 106D, Parcel 4 (Commonwealth of Massachusetts)
Map 106D, Parcel 14 (Commonwealth of Massachusetts)
Map 106D, Parcel 13 (Commonwealth of Massachusetts)
Map 106C, Parcel 3 (Commonwealth of Massachusetts)
Map 106C, Parcel 8 (Commonwealth of Massachusetts)
Map 106C, Parcel 9(Commonwealth of Massachusetts)
Map 106D, Parcel 10 (Commonwealth of Massachusetts)
Map 106B, Parcel 217 (Commonwealth of Massachusetts)
Map 106B, Parcel 24 (Commonwealth of Massachusetts)
Map 104A, Parcel 21(Commonwealth of Massachusetts)
Map 108C, Parcel 43 (Commonwealth of Massachusetts)
Map 109, Parcel 33 (Commonwealth of Massachusetts)
Map 106C, Parcel 11 (Commonwealth of Massachusetts)
Map 106C, Parcel 12(Commonwealth of Massachusetts)
Map 108C, Parcel 40 (Commonwealth of Massachusetts)
Map 108C, Parcel 45(Commonwealth of Massachusetts)
Map 108C, Parcel 41 (Commonwealth of Massachusetts)
Map 107B, Parcel 26 (Commonwealth of Massachusetts)
Map 107B, Parcel 24 (Commonwealth of Massachusetts)
Map 106D, Parcel 16(Commonwealth of Massachusetts)
Map 106B, Parcel 216 (Commonwealth of Massachusetts)
Map 106B, Parcel 217 (Commonwealth of Massachusetts)
Map 34, Parcel 21 (Commonwealth of Massachusetts)
Map 108C, Parcel 42 (Commonwealth of Massachusetts)
Map 104D, Parcel 47 (Manzi)
Map 104D, Parcel 14 (Manzi)
Map 61, Parcel 20(Water Tower)
Map 27, Parcel 16 (Petco/Walgreens)
Map 25, Parcel l(Blockbuster)
Map 24, Parcel 16 (Eaglewood)
Map 25, Parcel 13 (Merrimack College)
Map 105C, Parcel 12 (New England Power)
Map 105C, Parcel 39 (New England Power)
Map 104B, Parcel 28(New England Power)
Map 64, Parcel 20 (Town of North Andover- Town Forest)
Map 35, Parcel 23 (Stevens Estate)
Map 38, Parcel 29 (0 Johnson Street)
Map 107C, Parcel 11 (0 Turnpike Street)
Map 42, Parcel 02 (70 Elm Street)
Map 24, Parcel 33 (401 Andover Street)
Map 98C, Parcel 02 (0 Chestnut Street)
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Map 45B, Parcel 18 (586 Massachusetts Avenue)
Map 24, Parcel 28 (451 Andover Street)
iii) In all zoning districts, a stealth antenna which is completely concealed within a
preexisting structure which has no residences contained within it, may be
installed, with necessary equipment located inside or outside the preexisting
structure, upon issuance of a special permit by the Planning Board, if the
applicant proves (1)there is a substantial gap in coverage, and (2) there is
compliance with Federal Communications Commission regulations concerning
radiofrequency emissions and (3)there is no alternative available site. The
Planning Board may hire, at the applicant's expense, an independent engineer or
other expert to review and report upon the application and related documents.
iv) Subject to the exemption in subsection 8.9.12 for municipal emergency wireless
facilities, prior Town Meeting authorization is required before the Board of
Selectmen or School Committee enters into an agreement or lease for a wireless
service facility on Town property.
c) Dimensional Requirements: Wireless service facilities shall comply with the following
requirements:
i) Height, The maximum allowed height of a wireless service facility shall not
exceed 100 feet unless the applicant demonstrates that a greater height is required
to allow for provision of the wireless communications services and the Planning
Board finds that a height over 100 feet is desirable based on a balanced review of
aesthetics, safety and wireless coverage for the area. Wireless service facilities
may locate on a building that is legally nonconforming with respect to height,
provided that the facilities do not project above the existing building height.
i_i) Height, Stealth Antennae. Any stealth antenna that is located inside a pre-
existing structure such that it is not visible from street level is exempt from the
general height requirement in 3 (c) (i) above and the setback requirements in
3(c)(v)(1) and must conform to the setback requirement in 3 (c) (v) (2).
iii) Height, Side-and Roof-Mounted Facilities Side-and roof-mounted wireless
service facilities shall not project more than ten (10) feet above the height of an
existing building or structure nor project more than ten (10) feet above the height
limit of the zoning district within which the facility is located. Wireless service
facilities may locate on a building that is legally nonconforming with the respect
to height, provided that the facilities do not project above the existing building
height.
iv) Height, Preexisting Structures (Utility) New antennas located on any of the
following structures existing on the effective date of this bylaw shall be exempt
from the height restrictions of this bylaw provided that there is no increase in
height of the existing structure as a result of the installation of a wireless service
facility: Water towers, guyed towers, lattice towers, fire towers and monopoles.
v) Setbacks All wireless service facilities and their equipment shelters shall comply
with the building setback provisions of the zoning district in which the facility is
located. In addition, the following setbacks shall be observed.
(1) In order to ensure public safety, the minimum distance from the base of any
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ground-mounted wireless service facility (except a stealth antenna) to any
property line, shall be 2x the height of the facility, including any antennas or
other appurtenances. This set back is considered the "fall zone".
(2) In the event that a preexisting structure is proposed as a mount for a wireless
service facility, the setback provisions of the zoning district shall apply. In
the case of the preexisting non-conforming structures, wireless service
facilities and their equipment shelters shall not increase any non-conformity
4) Design Standards
a) Visibility/Camouflage Wireless service facilities shall be camouflaged as follows i)
Camouflage by Existing Buildings or Structures
(1) When a wireless service facility extends above the roof height of a building
on which it is mounted, every effort shall be made to conceal the facility
within or behind preexisting architectural features to limit its visibility from
public ways. Facilities mounted on a roof shall be stepped back from the
front facade in order to limit their impact on the building's silhouette.
(2) Wireless service facilities which are side-mounted shall blend with the
preexisting building's architecture and, if over 5 square feet, shall be
shielded with material which is consistent with the design .features and
materials of the building.
ii) Camouflage by Vegetation. If wireless service facilities are not camouflaged
from public viewing areas by existing buildings or structures, they shall be
surrounded by buffers of dense tree growth and vegetation in all directions to
create an effective year-round visual buffer. Ground-mounted wireless service
facilities in excess of 50 feet shall provide year-round vertical evergreen
vegetated buffer of 50 feet, or 75% of the overall height of the structure
whichever is greater, in all directions. Trees and vegetation may be existing on the
subject property or installed as part of the proposed facility or a combination of
both. Vegetation should be natural in appearance and consistent with
surroundings.
iii) Color
(1) Wireless service facilities, which are side-mounted on buildings, shall be
painted or constructed of materials to match the color of the building material
directly behind them.
(2) To the extent that any wireless service facilities extend above the height of
the vegetation immediately surrounding it, they must be painted in a light
gray or light blue hue which blends with sky and clouds
iv) Equipment Shelters_ Equipment shelters for wireless service facilities shall be
designed consistent with one of the following design standards:
(1) Equipment shelters must be located in underground vaults; or
(2) designed consistent with traditional materials, color and design of the area, or
(3) camouflaged behind an effective year-round landscape buffer, equal to the
height of the proposed building, and /or wooden fence acceptable to the
permitting authority
b) Lighting and signage
i) Wireless service facilities shall be lit only if required by the Federal Aviation
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Administration (FAA). Lighting of equipment structures and any other facilities
on site shall be shielded from abutting properties. There shall be total cutoff of all
light at the property lines of the parcel to be developed, and foot-candle
measurements at the property line shall be 0.0 initial foot-candles when measured
at grade.
ii) Signs shall be limited to those needed to identify the property and the owner and
warn of any danger. No tower or other facility shall contain any signs or other
devices for the purpose of advertisement. All signs shall comply with the
requirements of Signs and Outdoor Lighting Regulations of this bylaw.
iii) All ground mounted wireless, service facilities shall be surrounded by a security
barrier and shall be protected against unauthorized climbing or other access by the
public.
c) Historic Buildings
i) Any wireless service facilities located on or within a historic structure shall not
alter the character-defining features, distinctive construction methods, or original
historic materials of the building.
ii) Any alteration made to a historic structure to accommodate a wireless service
facility shall be fully reversible.
iii) Wireless service facilities within an historic district shall be concealed within or
behind existing architectural features, or shall be located so that they are not
visible from public roads and viewing areas within the district.
iv) The Historic District Commission must review all applications for wireless
service facilities to be located within a local historic district.
d) Environmental Standards
i) Applicants must comply with all Conservation Commission regulations and
procedures.
ii) Applicant must comply with all federal, state and local regulations governing
hazardous materials.
iii) Storm water run-off as a result of the wireless facility shall be contained on-site
and comply with the DEP Storm Water Management regulations as applicable.
iv) Ground-mounted equipment for wireless service facilities shall not generate
acoustic noise in excess of 50 dB at the security barrier.
v) Roof-mounted or side-mounted equipment for wireless service facilities shall not
generate noise in excess of 50 dB at ground level at the base of the building
closest to the antenna.
e) Safety Standards
i) Radiofrequency Radiation (RFR) Standards. All equipment proposed for a
wireless service facility shall be authorized per the FCC Guidelines for
Evaluating the Environmental Effects of Radiofrequency Radiation (FCC
Guidelines) or any other applicable FCC guidelines and regulations.
ii) Structural Integrity. As part of the application for special permit for a monopole
or stealth antenna the applicant shall provide certification by a structural engineer
that the wireless service facility is structurally sound for the proposed facility.
5) Application Procedures
a) Special Permit Granting Authority (SPGA). The Special Permit Granting Authority
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(SPGA) for wireless service facilities shall be the Planning Board.
b) Pre-Application Conference. Prior to the submission of an application for a Special
Permit under this regulation, the applicant is strongly encouraged to meet with either
the SPGA at a public meeting or with the town planner, to discuss the proposed
wireless service facility in general terms and to clarify the filing requirements.
c) Pre-Application Conference Filing Requirements. The purpose of the conference is
to inform the SPGA as to the preliminary nature of the proposed wireless service
facility. As such, no formal filings are required for the pre-application conference.
However, the applicant is encouraged to prepare sufficient preliminary architectural
and/'or engineering drawings to inform the SPGA of the location of the proposed
facility, as well as its scale and overall design.
d) Application Filing Requirements. The following shall be included with an
application for a Special Permit for all wireless service facilities:
i) General Filing Requirements
(1) Name, address and telephone number of applicant and any co-applicants as
well as any agents for the applicant or co-applicants. A 24-hour emergency
telephone contact number shall be included for use during construction as
well as operation of the wireless communication facility.
(2) Co-applicants may include the landowner of the subject property, licensed
carriers and tenants for the wireless service facility
(3) Every application for a wireless service facility Special Permit shall include at
least one licensed carrier and the owner of the land as an applicant or a co-
applicant.
(4) Original signatures are required for the applicant and all co-applicants
applying for the Special Permit. If an agent represents the applicant or co-
applicant, an original signature authorizing the agent to represent the
applicant and/or co-applicant is required. Photo reproductions of signatures
will not be accepted. All other filing requirements in the Zoning Bylaw and
the Rules and Regulations as applicable must be complied with.
(5) The applicant shall submit documentation of the legal right to install and use
the proposed facility at the time of application for a Special Permit under
this bylaw and also at the time of application for a building permit.
ii) Location Filing Requirements:
(1) Identify the subject property by including the name of the nearest road or
roads, street address, and Assessors Map and Parcel number of subject
property
(2) Identify the Zoning District designation for the subject parcel. Submit a copy
of Town zoning map with parcel identified.
(3) A locus map at a scale of 1" = 1500' showing the subject property.
(4) A map showing the other preexisting and approved wireless service facilities
in North Andover and outside North Andover within one mile of its
boundary.
(5) GPS all equivalent systems locating by latitude and longitude wireless
service facilities.
(6) A report by a qualified Radio Frequency Engineer relating to (1) a claimed
substantial gap in coverage and (2) the proposed facility's compliance with
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applicable Federal Communications Commission, Massachusetts Aeronautics
Commission and Federal Aviation Commission requirements, and (3)
coverage maps that include all of the applicant's existing and planned towers,
antennas, micro-cells, and repeaters in the coverage area and abutting
municipalities.
(7) Evidence that there is no alternative site that is available and technically
feasible in North Andover or an abutting municipality. Such evidence shall
include an analysis by a qualified Radio Frequency Engineer of the gaps in
coverage if other sites were to be used. If there is an alternative site which
would provide a location to close the purported substantial gap in coverage,
then the applicant must document all efforts, and results thereof, to evaluate,
and obtain rights to use, the alternative site.
(8) Evidence that the applicant has analyzed the feasibility of using DAS,
"repeaters", micro-cells, or other available technology to provide coverage to
the intended service area.
(9) A description of the capacity of the Facility, including, in the case of a
monopole, the number and types of antennas that it can accommodate and the
basis for calculation of capacity. Description of the proposed equipment
should include data as to noise, certified by an acoustical engineer, and the
beam widths at ground level for the energy outputs from each Antenna sector
and degree of down-tilt of each Antenna.
(10)A listing of the state and/or federal permits, licenses or approvals acquired or
needing to be acquired for the proposed installation.
(11)A description of the terms of any co-location agreements between the
Applicant and any Personal Wireless Service provider.
(12)A copy of the most recently recorded plan and deed for the property on
which the Facility will be placed and specific documentation which shows
that the applicant has the legal authority by way of ownership, purchase and
sale agreement, lease or otherwise, to use the subject property for the
intended purpose.
iii) Siting Filing Requirements: A one-inch-equals-40 feet plan prepared by a
Registered Professional Engineer or Registered Land Surveyor in the
Commonwealth of Massachusetts showing the following:
(1) Property lines for the subject property and property lines of all properties
within 300 feet of the proposed location.
(2) Tree cover on the subject property and all properties directly abutting the
subject property, by dominant species and average height.
(3) Outline of all existing buildings, including purpose (e.g. residential buildings,
garages, Accessory structures, etc.) on subject property and all properties
adjacent to the subject property.
(4) Location of all roads, public and private, on the subject property and on all
adjacent properties within 300 feet including driveways proposed to serve the
wireless service facility.
(5) Proposed location of antenna, mount and equipment shelter(s).
(6) Proposed security barrier, indicating type and extent as well as point of
controlled entry.
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(7) Distances, at grade, from the proposed wireless service facility to each
building on the vicinity plan.
(8) Contours at each 2 feet AMSL for the subject property and adjacent
properties within 300 feet.
(9) All proposed changes to the preexisting property, including grading,
vegetation removal and temporary or permanent roads and driveways.
(10) Representations, dimensioned and to scale, of the proposed mount, antennas,
equipment shelters, cable runs, parking areas and any other construction or
development attendant to the wireless service facility.
(11) Lines representing the sight line showing viewpoint (point from which view
is taken) and visible point (point being viewed) from 'Sight Lines" subsection
below.
(12) Location of all wetlands on the subject property and within 100' of the
proposed facility as approved by the Conservation Commission, only if a
filing with the Conservation Commission is required.
(13)Antennas and related equipment shall be camouflaged, that is, disguised,
shielded, hidden or made to appear as an architectural component of the
structure, provided however, antennas installed on utility poles, signs or flag
poles as part of a DAS shall not be required to be camouflaged.
iv) Sight lines and photographs:
(1) Sight line representation. A sight line representation shall be drawn from any
public road within 300 feet and the closest facade of each residential building
(viewpoint) within 300 feet to the highest point (visible point) of the wireless
service facility. Each sight line shall be depicted in profile, drawn at one-inch
equals 40 feet scale. The profiles shall show all intervening trees and
buildings. In the event there is only one (or more) residential building within
300 feet there shall be at least two sight lines from the closest habitable
structures or public roads, if any.
(2) Preexisting (before condition) photographs. Each sight line shall be
illustrated by one four-inch by six-inch color photograph of what can
currently be seen from any public road and any residential building within
300 feet.
(3) Proposed (after condition) photographs. Each of the preexisting condition
photographs shall have the proposed wireless service facility superimposed
on it to show what will be seen from public roads and residential buildings if
the proposed wireless service facility is built.
(4) Siting elevations or views at-grade from the north, south, east and west for a
50-foot radius around the proposed wireless service facility plus from all
preexisting public and private roads that serve the subject property.
Elevations shall be at either one-quarter inch equals one foot or one-eight
inch equals one foot scale and show the following:
(a) Antennas, mounts and equipment shelter(s), with total elevation
dimensions and average ground level (AGL) of the highest point. All
future proposed antennas, mounts and equipment shelters if any must
be shown in order to be included in the Special Permit.
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(b) Security barrier. If the security barrier will block views of the wireless
service facility, the barrier drawing shall be cut away to show the view
behind the barrier.
(c) Any and all structures on the subject property.
(d) Preexisting trees and shrubs at current height and proposed trees and
shrubs at proposed height at time of installation, with approximate
elevations dimensioned.
(e) Grade changes, or cuts and fills, to be shown as original grade and new
grade line, with two-foot contours ANISL.
v) Design Filing Requirements for Co-Location:
(1) Equipment brochures for the proposed wireless service facility such as
manufacturer's specifications or trade journal reprints shall be provided for
the antennas, mounts, equipment shelters, cables as well as cable runs, and
security barrier, if any.
(2) Materials of the proposed wireless service facility specified by generic type
and specific treatment (e.g. anodized aluminum stained wood, painted
fiberglass, alloys, etc.). These shall be provided for the antennas, mounts,
equipment shelters, cables as well as cable runs, and security barrier, if any.
(3) Colors of the proposed wireless service facility represented by a color board
showing actual colors proposed. Colors shall be provided for the antenna
mounts, equipment shelters, cables as well as cable runs, and security barrier,
if any.
(4) Dimensions of the wireless service facility specified for all three directions:
height, width and breadth. These shall be provided for the antennas, mounts,
equipment shelters and security barrier, if any.
(5) Appearance shown by at least two photographic superimpositions of the
wireless service facility within the subject property. The photographic
superimpositions shall be provided for the antennas, mounts, equipment
shelters, cables as well as cable runs, and security barrier, if any, for the total
height, width and breadth.
vi) Design Filing Requirements for Monopole Facilities:
(1) Equipment brochures for the proposed wireless service facility such as
manufacturer's specifications or trade journal reprints shall be provided for
the antennas, mounts, equipment shelters, cables as well as cable runs, and
security barrier, if any.
(2) Materials of the proposed wireless service facility specified by generic type
and specific treatment (e.g. anodized aluminum stained wood, painted
fiberglass, alloys, etc.). These shall be provided for the antennas, mounts,
equipment shelters, cables as well as cable runs, and security barrier, if any.
(3) Colors of the proposed wireless service facility represented by a color board
showing actual colors proposed. Colors shall be provided for the antenna
mounts, equipment shelters, cables as well as cable runs, and security barrier,
if any.
(4) Dimensions of the wireless service facility specified for all three directions:
height, width and breadth. These shall be provided for the antennas, mounts,
equipment shelters and security barrier, if any.
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(5) Appearance shown by at least two photographic superimpositions of the
wireless service facility within the subject property. The photographic
superimpositions shall be provided for the antennas, mounts, equipment
shelters, cables as well as cable runs, and security barrier, if any, for the total
height, width and breadth.
(6) Landscape plan including preexistent trees and shrubs and those proposed to
be added, identified by size of specimen at installation and species.
(7) During the public hearing process the applicant shall schedule with the
Planning Board a balloon or crane test at the proposed site, at the expense of
the applicant, to illustrate the height of the proposed facility. Upon notice
that such a test will be required, the Applicant is responsible for making
arrangements with the Board's staff so that notice of the test may be included
in a newspaper of local circulation, which notice shall be paid by the
applicant. Photographs of the actual test from a suitable number of locations
so as to depict the visual impact of the proposed facility on the Town shall be
submitted to the Board at the public hearing.
(8) If lighting on the site is required by the FAA, the applicant shall submit a
manufacturer's computer generated point-to-point printout, indicating the
horizontal foot-candle levels at grade, within the property to be developed
and twenty-five (25) feet beyond property lines. The printout shall indicate
the locations and types of luminaries proposed.
(9) No commercial signage or advertising may be affixed to any monopole or
other wireless service facility.
(10)The applicant shall provide design details for the foundation of a proposed
monopole, the connection of the proposed monopole to the foundation and
the break away points of the proposed monopole.
(11)The Town may retain a technical expert or experts to review, and report
upon, the application. The cost for such technical experts will be paid at the
expense of the applicant.
vii) Structural Integrity Filing Requirements
(1) At the time of application for a special permit for a monopole or stealth
antenna the applicant shall provide certification by a structural engineer that
the wireless service facility is structurally sound for the proposed facility.
(2) Monopoles must at all times be maintained in good and safe condition. The
Personal Wireless Service provider shall arrange for a professional structural
engineer licensed in Massachusetts to inspect and review a monopole and all
accessory buildings upon completion of construction to certify these
structures are in sound condition. A report of the engineer's findings shall be
filed with the Town Building Commissioner at the completion of
construction of the monopole. The SPGA may require such an engineer's
report to be filed after the fifth year of operation of the monopole facility and
every five years thereafter. All costs for the inspection shall be borne by the
carrier. Should the engineer or the Town Building Commissioner deem the
monopole not to be sound, the owner of the monopole shall submit to the
Town, within ten (10) business days, a plan to remedy the structural
defect(s). Upon approval of the plan by the Building Commissioner, the
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remediation plan shall be completed as soon as is reasonably possible.
viii) Noise Filing Requirements
(1) The applicant shall provide a statement listing the preexisting and maximum
future projected measurements of noise from the proposed wireless service
facilities, measured in decibels Ldn (common logarithmic scale, accounting
for greater sensitivity at night), for the following:
(a) Preexisting or ambient: the measures of preexisting noise
(b) Preexisting plus proposed wireless service facilities: maximum estimate
of noise from the proposed wireless service facility plus the preexistent
noise environment.
(c) Such statement shall be certified and signed by an acoustical engineer,
stating that noise measurements are accurate and meet Department of
Environmental Protection requirements and Section 8.9(4)(d).
ix) Radiofrequency Radiation (RFR) Filing Requirements
(1) All telecommunications facilities shall be operated only at Federal
Communications Commission (FCC) designated frequencies, power levels
and standards, including FCC Radio Frequency Emissions standards. The
applicant shall provide certification demonstrating that the maximum
allowable frequencies and power levels will not be exceeded. Certifications
shall include technical specifications, a written explanation of those
specifications, and, if necessary, field verification.
(2) In order to determine compliance with applicable FCC regulations, the
applicant shall provide a statement listing the preexistent and future projected
measurements of RFR from the proposed wireless service facility, including
all co-locators, for the following situations:
(a) Preexisting or ambient: the measurement of preexistent RFR.
(b) Preexisting plus proposed wireless service facilities: estimate of RFR
from the proposed wireless service facility plus the preexisting RFR
environment.
(c) Certification, signed by a engineer, stating that RFR measurements are
accurate and meet FCC Regulations and Guidelines and the
Radiofrequency Radiation Standards subsection of this Bylaw.
x) Federal Environmental Filing Requirements
(1) At the time of application filing, an Environmental Assessment (EA)that
meets FCC requirements shall be submitted to the Town for each wireless
service facility site that requires such an EA to be submitted to the FCC
(2) The applicant shall list location, type and amount (including radiation trace
elements) of any materials proposed for use within the wireless service
facility that are considered hazardous by the federal, state or local
government.
xi) Waiver. The SPGA may waive one or more of the application filing requirements
of this section if it finds that such information is not needed for a thorough review
of a proposed wireless service facility.
6) Co-location
a) If feasible, wireless service facilities shall be located on or in preexisting structures,
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(whether or not they have existing wireless facilities) including but not limited to
buildings or structures, preexisting telecommunications facilities, utility poles and
towers, and related facilities, provided that such installation preserves the character
and integrity of those structures. In particular, applicants are urged to consider use of
preexisting telephone and electric utility structures as sites for one or more wireless
service facilities. The applicant shall have the burden of proving that there are no
feasible preexisting structures upon which to locate. If the applicant demonstrates to
the satisfaction of the Planning Board that it is not feasible to locate on a preexisting
structure, wireless service facilities shall be camouflaged to the greatest extent
possible, including but not limited to: use of compatible building materials and colors,
screening, landscaping, with natural and/or artificial plantings, and placement within
trees.
b) Licensed carriers shall share wireless service facilities and sites where feasible and
appropriate, thereby reducing the number of wireless service facilities that are stand-
alone facilities. Applicants are encouraged to locate within a preexisting structure
having wireless facilities when feasible and when such a co-location does not interfere
with structural integrity and does not result in a major change to the appearance of the
structure. Applicants for a Special Permit for a wireless service facility shall
demonstrate a good faith effort to co-locate with other carriers. Such good faith effort
includes:
i) A survey of all preexisting structures that may be feasible sites for co-locating
wireless service facilities;
ii) Contact, with all other licensed carriers for commercial mobile radio services
operating in the Commonwealth of Massachusetts; and
iii) Sharing information necessary to determine if co-location is feasible under the
design configuration most accommodating to co-location.
c) The Planning Board may retain a technical expert in the field of RF engineering and/or
a structural engineer to verify if co-location at the site is not feasible or is feasible
given the design configuration most accommodating to co-location. The cost for such
a technical expert will be at the expense of the applicant. The Planning Board may
deny a Special Permit to an applicant who has not demonstrated a good faith effort to
provide for co-location,
d) If the applicant does intend to co-locate or to permit co-location, the Planning Board
shall request drawings and studies that show the final appearance and operation of the
drawing service facility at full build-out.
e) If the Planning Board approves a co-location for a wireless service facility site, the
Wireless Facilities Special Permit shall indicate how many facilities and of what type
shall be permitted on that site. Facilities specified in the original Special Permit
approval shall not require another Wireless Facility Special Permit, however, the
addition of any facilities not specified in the original approved Special Permit shall
require a new Special Permit. This allows a carrier to "pre-permit" a site for additional
facilities so that the original carrier will not have to apply for an additional Special
Permit.
f) In order to determine compliance with all applicable FCC Regulations, estimates of
RFR emissions will be required for all facilities, including proposed and future
facilities both for the applicant and all co-locators.
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7) Modifications
A modification of a wireless service facility may be considered equivalent to an
application for a new wireless service facility (but the Planning Board may waive certain
filing requirements when the Board deems it appropriate to do so) and will require a
Special Permit when the following events apply:
i) The applicant and/or co-applicant want to add any equipment or additional height not
specified in the original design filing.
ii) The applicant and/or co-applicant want to alter the terms of the Special Permit by
changing the wireless service facility in one or more of the following ways:
(1) Change in the number of facilities permitted on the site;
(2) Change in technology used for the wireless service facility.
8) Monitoring and Maintenance
a) After the facility is in operation, the applicant shall submit to the SPGA, within 90
days of beginning operations, preexisting and current RFR measurements. Such
measurements shall be signed and certified by an RF engineer, stating that RFR
measurements are accurate and are in compliance, or why the measurements fail to
comply with, all applicable FCC Guidelines and Regulations. The measurements shall
be submitted for both the applicant and all co-locators.
b) After the wireless service facility is in operation the applicant shall submit to the
SPGA, within 90 days of the beginning of operation, preexisting and current
measurements of acoustic noise from the wireless service facility. Such measurements
shall be certified and signed by an acoustical engineer, stating that noise measurements
are accurate and meet the Noise Standards sub-section8.9.4.d of this Bylaw.
c) The applicant and co-applicant or their successor in interest shall maintain the wireless
service facility in good condition. Such maintenance shall include, but shall not be
limited to, painting, structural integrity of the mount and security barrier and
maintenance of the buffer and landscaping.
9) Abandonment or Discontinuation of Use
a) At such time that a licensed carrier plans to abandon or discontinue operation of a
wireless service facility, such carrier will notify the Planning Board by certified US
mail of the proposed date of abandonment or discontinuation of operations. Such
notice shall be given no less than 30 days prior to abandonment or discontinuation of
operations. In the event that a licensed carrier fails to give such notice, the wireless
service facility shall be considered abandoned upon discontinuation of operations.
b) Upon abandonment or discontinuation of use, the carrier shall physically remove the
wireless service facility within 90 days from the date of abandonment or
discontinuation of use. "Physically remove" shall include, but not be limited to:
i) Removal of antennas, mount, equipment shelters and security barriers from the
subject property.
ii) Proper disposal of the waste materials from the site in accordance with local and
state solid waste disposal regulations.
iii) Restoring the location of the wireless service facility to its natural condition,
except that any landscaping and grading shall remain the after-condition.
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c) As a condition of any special permit for the placement, construction or modification of
a wireless service facility, the SPGA may require a carrier to place into escrow a sum
of money to cover the costs of removing the facility from the subject property. Said
amount shall be certified by an engineer, architect or other qualified professional
registered to practice in the Commonwealth of Massachusetts. Said funds shall be held
by an independent escrow agent to be appointed by the carrier and the SPGA. The
carrier shall authorize and, as necessary, shall obtain the authorization of the owner of
the property to allow the escrow agent to enter upon the subject property to remove the
facility when the facility has been abandoned or discontinued. In the event the posted
amount does not cover the cost of demolition and/or removal the Town may place a
lien upon the property covering the difference in cost.
d) A facility shall be deemed to be abandoned or discontinued if it has not been used for
the purpose for which it was originally constructed for a period of six (6) months or
more. Once abandonment or discontinuance has occurred, the carrier shall remove the
facility from the subject property within ninety days. In the event that the carrier fails
to remove the facility, the town shall give notice to the carrier and the independent
escrow agent that the facility shall be, removed by the escrow agent forthwith and the
escrow agent, after affording written notice seven days in advance to the carrier, shall
remove the facility.
10)Reconstruction or Replacement of Existing Towers and Monopoles
Guyed towers, lattice towers, utility towers and monopoles in existence at the time of
adoption of Section 8.9 of this Bylaw may be reconstructed, altered, extended or replaced
on the same site by Special Permit, provided that the SPGA finds that such reconstruction,
alteration, extension or replacement will not be substantially more detrimental to the
neighborhood and/or the Town than the preexistent non-conforming structure. In making
such a determination, the SPGA shall consider whether the proposed reconstruction,
alteration, extension or replacement will create public benefits such as opportunities for
co-location, improvements in public safety, and/or reduction in visual and environmental
impacts.
11)Performance Guarantees
a) The SPGA may require insurance in a reasonable amount determined and approved by
the SPGA, after consultation at the expense of the applicant with one (1) or more
insurance companies, to be in force to cover damage from the structure, or damage
from transmissions and other site liabilities and may require annual proof of said
insurance to be filed with the SPGA.
b) Annual certification, if required by the standards of the Federal Communications
Commission, or Federal Aviation Administration or the American National Standards
Institute, shall also be filed with the SPGA by the Special Permit holder.
12)Exempt Facilities: Municipal Emergency Wireless Service Facility
Wireless service facilities necessary to provide and ensure adequate town-wide
coverage for public safety communications to include Police, Fire, Ambulance,
Emergency Medical Services, and Emergency Management shall be exempt from the
provisions of this bylaw. Commercial or private wireless service facilities, unless they
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are under contract with the Town of North Andover to provide public safety
communication, shall not co-locate on or utilize a municipal emergency wireless
service facility and shall not be exempt under this section. Further, if said municipal
emergency wireless service facility is to be located on private property, the Town must
obtain the permission of the landowner.
13)Public discussion of litigation settlement
At least ten (10) days prior to each public hearing of the Planning Board where a public
discussion is to occur regarding any proposed settlement of litigation commenced by an
applicant under this section, the Planning Board shall send notice at the applicant's
expense of such public discussion by certified mail to all abutters within 300 feet of the
proposed Facility.
Or to take any other action relative thereto
Or to take any other action relative thereto
Article Z. Amend North Andover Zoning Bylaw— Section 4.133 Industrial 2 District. To
see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.133 in order
to allow alternative energy uses as-of-right.
4.133 Industrial 2 District
11. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly,
packing or treatment of articles or merchandise provided such uses are conducted solely within a
building and further provided that such uses are not offensive, noxious, detrimental, or dangerous
to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or
other adverse environmental effect.
Amend Section 4.133 by adding the underlined language to read as follows:
4.133 Industrial 2 District
11. a. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly,
packing or treatment of articles or merchandise provided such uses are conducted solely within a
building and further provided that such uses are not offensive, noxious, detrimental, or dangerous
to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or
other adverse environmental effect.
b. Renewable or alternative energy research and development facilities, renewable or alternative
energy manufacturing such as wind, solar, biomass, and tidal on any lot with a minimum of
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twenty-five (25) acres; less than twenty-five (25) acres but a minimum of ten (10) acres by
Special Permit.
Or to take any other action relative thereto.
Board of Selectmen
Article AA. Amend North Andover Zoning Bylaw— Section 4.137 Floodplain District. To
see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.137
Floodplain District in order to make minor adjustments so that the Bylaw accurately reflects the
correct flood maps and Building Code reference.
Amend Section 4.137 by adding the underlined language and deleting the [bolded/bracketed]
language to read as follows:
4.137 Floodplain District
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, 780 CMR
120.G [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
and Conservation Commission.
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:
a. Section of the Massachusetts State Building Code which addresses Floodplain and coastal
high hazard areas (currently 780 CMR 120.G [3107.0] "Flood Resistant Construction");
Or to take any other action relative thereto.
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Article BB. Amend Chapter 45 of the General Bylaws- Public Safety, Chiefs of Police and
Fire Departments. To see if the Town will vote to amend Chapter 45 of the General Bylaws as
follows:
Add the following sentence at the end of Section 45=3
Appointment Process: "In the event that a Fire Chief or Police Chief chosen pursuant to this
section shall retire, resign, or otherwise terminate employment as the Chief within three years after
appointment, the Board of Selectmen may use the results of the assessment center selection process
that was used in selecting the Chief in selecting a replacement Chief, provided all candidates who
apply to replace the Chief participated in that assessment center selection process."
Or to take any other action relative thereto.
Board of Selectmen
Article CC. Fire Department Contract Award. DO WE NEED THIS ARTICLE
Or to take any other action relative thereto
Article DD. Acceptance of Massachusetts General Laws- Chapter 3213,Section 20. An Act
Providing For The Establishment Of Other Post Employment Benefits Liability Trust Funds In
Municipalities And Certain Other Governmental Units. To see if the Town will vote to accept
the provisions of Massachusetts General Law Chapter 32B, Section 20;
Or to take any other action relative thereto.
Board of Selectmen
Article EE. Amend Chapter 28 Section 5C of the General Bylaws. To see if the Town will vote
to amend Chapter 28 Section 5C the General Bylaws of the Town of North Andover. Chapter 28,
Section 5C is to be amended by removing the text shown as stricken:
CHAPTER 28 -HOUSING TRUST FUND
§ 28-5. Powers of Trustees
C. With the approval of the Board of Selectmen and Town Meeting, to sell, lease,
exchange, transfer or convey any real property at public auction or by private contract
for such consideration and on such terms as to credit or otherwise, and to make such
contracts and enter into such undertakings relative to trust real property as the Trustees
deem advisable notwithstanding the length of any such lease or contract;
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Or to take any other action relative thereto.
Board of Selectmen
Article FF. Petition the Legislature- Change the Structure of Essex Regional Retirement
Board. To see if the Town will agree to endorse a state legislative petition to make certain reforms
to the Essex Regional Retirement Board, including a bar on the same person serving as chairman of
the board and chief executive officer , and including such other reforms as the legislature deems
necessary to restore sound and prudent management of the board;
Or to take any other action relative thereto
Board of Selectmen
Article GG. Amend General Bylaws Chapter 44-Public Meetings- Section 1- Televising of
Land Use Board Meetings. To see if the Town will vote to amend Chapter 44 — Public Meetings
Section 1 — Televising Land Use Board Meetings to be amended by removing the text shown as
stricken, and adding the text shown as underlined.
§ 44-1 Televising of Ifand Jw Board Meetings
All meetings of the Planning Board, Zoning Board of Appeals, Board of Health, Conservation
Commission, and Finance Committee shall be broadcast live over the local cable television network unless
emergency or operational or technical conditions suspend the requirements hereof, as determined by the Town
Manager or the Manager's designee. All such meetings shall occur in the Town Hall second floor meeting
room. All such meetings shall have posted agendas of discussion items and application names in the Town
Hall and on the Town website or on the cable television network twenty-four hours prior to the meeting time.
If there is a scheduling conflict with the use of the meeting room, the Town Manager or the Manager's
designee, shall have the discretion to determine which Board shall have use of the room. Nothing contained in
this bylaw shall be so construed as to conflict with the requirements of the Open Meeting law, M.G.L. Chapter
39, Section 23B. A violation of this bylaw or a failure to comply with this bylaw shall not be grounds for
challenging or invalidating any actions taken at any meeting of the Planning Board, Zoning Board of Appeals,
Board of Health or Conservation Commission.
Or to take any other action relative thereto.
Board of Selectmen
Article HH. Amend Zoning Bylaw— Section 3.1, Establishment of Districts. To see if the Town
will vote to add to the Zoning Bylaw, Section 3.1, Establishment of Districts, the following:
"Wireless Telecommunications Overlay District"
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Or to take any other action relative thereto.
Board of Selectmen
MUST BE ADDED AFTER WIRELESS ARTICLE
Article IL Petition the General Court — Age Exemption — Christopher M. Dufresne —
Firefi2hter. To see if the Town will vote to Petition the General Court to enact Legislation so that
Christopher M. Dufresne shall be eligible to have his name certified for original appointment to the
position of firefighter for the Town of North Andover, not withstanding his having reached the age of
32 before taking any civil service examination in connection with that appointment. Christopher M.
Dufresne shall be eligible for appointment to the position of firefighter in the Town of North Andover
if he otherwise qualifies and is selected for employment under Chapter 31 of the General Laws any
regulations of the civil service commission and any lawful hiring practices for the Town of North
Andover;
Or to take any other action relative thereto.
Petition of Christopher M. Dufresne and others
Article JJ. Amend Section 16.2 of the Town of North Andover Zoning Bylaws. To see if the
Town will vote to amend the Zoning Bylaws by inserting the following language:
"Drive—thru restaurants shall be permitted within the CDD1 zone provided they are located
more than 250 feet from the R6 zoned district."
The purpose of this article is to promote the Town's stated public policy goal of increasing North
Andover's commercial tax base along Route 114by encouraging the highest and best use of those
properties pursuant to Massachusetts General Law.
This commercial revenue will benefit the schools, police, fire, and public works departments of the
Town without increasing residential property taxes.
This article also restores a business use to the impacted properties on Route 114 that was previously
approved at town meeting by the citizens of North Andover.
Or to take any other action relative thereto.
Petition of Scott Hajjar and others
Article KK. Instuctional Motion to the North Andover FINCOM and Board of electmen. To
see if the Town will vote to instruct the North Andover FINCOM and Board of Selectmen to add a
warrant article to every annual town meeting which will enable town meeting to approve or
disapprove the funding of collective bargaining as required and specified under Massachusetts
General Laws Chapter 150E, Section 7 (b);
Or to take any other action relative thereto.
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Petition of Peter Besen and others
Article LL. Change Annual Town Meeting Day. To see if the Town will vote to change Annual
Town Meeting from being held held on a weekday evening(s) schedule to an all day Saturday
schedule.
The purpose of this article is to encourage increased town-wide citizen participation among registered
voters who wish to exercise their civic duty to the town and its future.
A Saturday schedule will allow for better child care options for parents who wish to attend more
flexibility of attendance , provide safer daylight driving conditions for seniors, allow less conflict
with voter work schedules, limit the meeting to only one day (start to finish) and provide new
opportunities for community fundraising, educational events and community celebration to occur
simultaneously;
Or to take any other action relative thereto.
Petition of Steven Tryder and others
Artilce MM. Election of Planning Board Members. To see if the Town will vote to amend
Chapter 6 of the Town Charter, more specifically Section 1 of the General provisions of that chapter,
(6-1-1)so as to include the Planning Board to the list of officers and boards to be elected by vote of
the town.
The Planning Board shall consist of five members and shall be elected at large for three-year
overlapping terms.
The purpose of this article is to allow the Planning Board to be elected by vote of the town , thereby
promoting greater citizen participation and transparency in decision making processes that are
important to the town's future growth and development.
An elected Planning Board is consistent with the majority of towns within the Commonwealth that
have the same town meeting form of government as North Andover where 70% of such communities
elect their planning boards according to Massachusetts Municipal Association.
Electing the Planning Board shall ensure the interests of the town and its citizens are fairly and
objectively represented and in keeping with government by its citizens and for its citizens;
Or to take any other action relative thereto.
Petition of Alan Swahn and others
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