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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 1. 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 21. Transfer of Funds Into the Stabilization Fund. To see if the Town will vote
to transfer funds into the Stabilization Fund;
Or to take any other action relative thereto.
Board of Selectmen Recommendation: Favorable Action
Article 2. 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
Board of Selectmen Recommendation: Favorable Action
Article 3. Authorization of the Town Manager or Superintendent of Schools
Re2ardin2 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 at least four (4) members of the Board of Selectmen or the
School Committee, as appropriate;
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Article 4. 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
Board of Selectmen Recommendation: Favorable Action
Planning Board Recommendation: To Be Made at Town Meeting
Article 5. 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
Board of Selectmen Recommendation: Favorable Action
Planning Board Recommendation: To Be Made at Town Meeting
Article 6. Compensation of Elected Officials. To see if the Town will 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
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Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Article 7. 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;
Prior Year Invoices
Fiscal Year 2009
Vendor Amount Department
Merrimack Valley Planning 4,525.66 Assessors
Weston and Sampson 4,400.00 Fire
Al McGregor 560.00 Public Works
Federal Express 24.19 Purchasing
MSC/SID 595.42 Stevens Estate
The Home Depot 122.31 Stevens Estate
GOAM Media 505.75 Stevens Estate
Peterson Party Center 308.11 Stevens Estate
Mid America Adm & Retirement 844.38 School Dept
First Student 332.50 School Dept
TransCanada 5,574.97 School Dept
WB Mason 713.20 School Dept
S 18.506.49
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
Article 8. 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;
Revolving'
Fund
Accounts
Account FY 2011
Number Revolving Fund Authorized to Spend Use of Funds Revenue Source Limit
1. Participants'fees,
2031213 Youth and Assistant Town Manager All programs and Grants,Donations, $ 250,000
Recreation activities,expense,part and related
Services time help Fundraising
Revolving proceeds
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2. Field rental fees,
2031210 Field Director-Division of Field maintenance, Grants,Donations, $ 10,000
Maintenance Public Works upgrade and related and related
expenses Fundraising
proceeds
3.
2031217 Elder Services Assistant Town Manager Senior programs,classes Participants'fees, $ 20,000
- COA and activities Grants,Donations,
Revolving and related
0 Fundraising
proceeds
4. Clinic participant
2031211 Health Director-Community Clinic supplies and other fees, Grants, $ 30,000
Department Development Division related materials Donations,and
Revolving related Fundraising
proceeds
5. Wheelabrator Host
2031204 Wheelabrator Director-Community Air quality monitoring Community $ 35,000
Planning Development Division Agreement
6. Wheelabrator Host
2031205 Wheelabrator Director-Community To enforce Trash Truck Community $ 20,000
Public Safety Development Division regulations Agreement
7. Protection of health, Wheelabrator Host
2031206 Wheelabrator- Director-Community safety and monitoring the Community $ 18,000
Health Development Division air quality Agreement
8. Food Consultant fees and
2031207 Health Dept- Director-Community expenses related to Inspection Fees $ 20,000
Food Inspections Development Division program
9. Septic Consultant fees
2031208 Health Dept- Director-Community and expenses related to Inspection Fees $ 30,000
Septic Development Division program
Inspections
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Stormwater Director-Community Review,test and inspect Review Fees $ 50,000
Bylaw Development Division Stormwater reports
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Revolving ,Fdnd Account Receipts and.Expendituress
Account FY09 FY09 Balance Receipts thru Expenditures
Number Revolving Fund Balance 7/1/08 Receipts Expenditures 06/30/09 03131110 thru 03131110 Balance
2031213 Youth and Recreation $ 275,329 $ 260,219 $ (240,328) $ 295,219 $ 86,714 $ (229,358) $ 152,575
Services Revolving
2 2031210 Field Maintenance $ 16,458 $ 8,000 $ (10,190) $ 14,268 $ 6,900 $ $ 21,168
3 2031217 Elder Services $ 627 $ 2,388 $ (605) $ 2,410 $ 9,945 $ (9,097) $ 3,258
COA Revol
4 2031211 Health Dept Revolving $ 10,170 $ 25,048 $ (25,495) $ 9,722 $ 27,301 $ (19,189) $ 17,835
5 2031204 Wheelabrator Planning $ 58,343 $ 25,000 $ (26,035) $ 57,308 $ 25,000 $ (12,438) $ 69,869
6 2031205 Wheelabrator Public $ 69,799 $ 12,500 $ (23,971) $ 58,328 $ 15,700 $ (5,704) $ 68,324
Safety
7 2031206 Wheelabrator-Health $ 24,067 $ $ (3,079) $ 20,988 $ $ (2,000) $ 18,988
8 2031207 Health Dept-Food $ 67,490 $ 22,065 $ (14,098) $ 75,457 $ 21,235 $ (9,413) $ 87,279
Inspections
9 2031208 HealthDept-Septic $ 28,937 $ 11,150 $ (22,338) $ 17,749 $ 7,309 $ (10,383) $ 14,676
Inspections
Or to take any other action relative thereto.
Board of Selectmen
Article 9. 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;
Or to take any other action relative thereto.
Council on Aging
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
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Article 10. 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 and 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
Board of Selectmen Recommendation: Favorable Action
Article 11. 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
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Article 12. 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
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Article 13. 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;
Or to take any other action relative thereto.
Board of Selectmen
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Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Article 14. 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
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Article 15. 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, "Waverley 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
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Article 16. 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
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designed to encourage appropriate land use, environmental protection, and
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.
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. In determining whether the
Federal Act supersedes a provision of this Bylaw, such that the Planning Board
may disregard that provision, the Planning Board shall consider whether the
applicant has proved that: (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.
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
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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) Elevation. The measurement of height above mean sea level.
i) 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.
j) Equipment Shelter. An enclosed, structure, cabinet, shed or box at the base of
the mount within which are housed batteries and electrical equipment.
k) Functionally Equivalent Services. Cellular, Personal Communication Services
(PCS), Enhanced Specialized Mobile Radio, Specialized Mobile Radio and
Paging.
1) GPS. Ground Positioning System by satellite location of antennas.
m) Guyed Tower. A lattice tower that is tied to the ground or other surface by
diagonal cables.
n) Lattice Tower. A type of mount made with cross bracing of structural steel. It
may be either self supporting or guyed.
o) Licensed Carrier. A Company authorized by the FCC to construct and operate a
commercial mobile radio service system.
p) 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.
q) 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 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.
r) Omnidirectional (whip) antenna. A thin rod that beams and receives a signal in
all directions.
s) Panel Antenna. A flat surface antenna usually developed in multiples.
t) Preexisting Structure: A preexisting wireless service facility.
u) Radiofrequency (RF) Engineer. An engineer specializing in electric or
microwave engineering, especially the study of radio frequencies.
v) 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.
w) Security Barrier. A locked impenetrable wall, fence or berm that completely
seals an area from unauthorized entry or trespass.
x) Separation. The distances between one array of antennas and another array.
y) Stealth Antenna. An antenna, dish or other facility--not including ground based
support facilities—which is fully concealed inside a building such that no part of
the stealth antenna is visible from street level. This definition shall only apply to
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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.
z) 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.
aa)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.
bb)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 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
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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 may only be installed in the following districts and
properties except as also provided in subsection (iv):
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)
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)
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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 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)
Map 45B, Parcel 18 (586 Massachusetts Avenue)
Map 24, Parcel 28 (451 Andover Street)
iii) 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
iv) A Wireless Service Facility may be located on a parcel which is not within
the WTOD, without need for a variance, if the applicant proves to the
Planning Board that (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.
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 non-
conforming with respect to height, provided that the facilities do not project
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above the existing building height.
i_i) Height, Stealth Antennae Any stealth antenna that is not visible from
street level is exempt from the general height requirement in 3 (c) (i) above
and must conform to the setback requirement in 3 (c) (v) .
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: guyed towers, lattice towers, fire towers and
monopoles.
v) Setbacks
(1) In any zoning district, including the WTOD, a minimum setback of
600 feet from the nearest residential building shall be required for all
wireless devices, antenna and their mounting structures, not currently
installed at the time of the adoption of this bylaw. In any zoning
district, including the WTOD, if the applicant can prove that (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
with a 600 foot setback, then the setback provision shall be reduced to
400 feet. In any zoning district, including the WTOD, if the applicant
can prove that (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 with a 400 foot setback, then the setback provision shall
be reduced to 200 feet. Notwithstanding the foregoing, in order to
ensure public safety, the minimum distance from the base of any
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
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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 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
14
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 (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
15
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
16
compliance with 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, as an alternative, the
feasibility of using a "repeater" 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 600 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 600 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
17
controlled entry.
(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 600 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.
(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 600 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.
18
(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.
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(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.
(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
20
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. Failure to provide such a report may result in enforcement
action by the Building Commissioner in accordance with Section 10.1
of this Zoning Bylaw. 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 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
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(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 preexisting structures
provided that such installation preserves the character and integrity of those
structures. 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 standalone 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,
22
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.
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 Community
Development Office 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
Community Development Office, 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 Community Development
Office by certified US mail of the proposed date of abandonment or
23
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.
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 Planning Board 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 Planning
Board 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.
24
It)Performance Guarantees
a) The Planning Board may require insurance in a reasonable amount determined
and approved by the Planning Board 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
Planning Board.
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 Community Development Office
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 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
Board of Selectmen
FINANCE COMMITTEE EXPLANATION: This article deletes the current wireless
services zoning bylaw and replaces it with a bylaw that is premised upon the concept of a
wireless telecommunication overlay district. The current bylaw requires a wireless facility
to have a 600 foot setback from property zoned for an educational or residential use. The
application of this requirement results in very few properties in Town upon which a
wireless facility may be located. Therefore, the bylaw has run up against the Federal
Telecommunications Act of 1996 which dictates that a local government may not prohibit
the provision of personal wireless services. In a case last year, the Massachusetts Superior
Court decided that the federal law compelled the permitting of a wireless facility, even
though the facility did not meet the 600 foot setback.
25
Board of Selectmen Recommendation: Favorable Action
Planning Board Recommendation: To Be Made at Town Meeting
Article 17. 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"
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation:
Planning Board Recommendation: To Be Made at Town Meeting
Article 18 . 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
Board of Selectmen Recommendation: Favorable Action
Planning Board Recommendation: To Be Made at Town Meeting
Article 19. Approve Collective Bargaining Agreement between the Town of North
Andover and the International Association of Fire Fighters (IAFF), Local 2035. To see if
the Town will vote to approve a collective bargaining agreement, as a result of a Joint Labor
Management Committee (JLMC) arbitration award, between the Town of North Andover and
the International Association of Fire Fighters (IAFF), Local 2035, for the period of July 1, 2008
through June 30, 2012;
26
Or to take any other action relative thereto
Board of Selectmen
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Article 20. 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;
Fiscal Year 20 11 GENERAL FUND BUDGET
w/ Support Services Recommendations
FY10 FY11 FY11 FY11
Reclass to Town Mgr& Finance
Support BOS Committee
Recap Town Mgr. Services Recommended Recommended
GENERAL
GOVERNMENT
Town Moderator 825 825 0 825 825
Selectmen/Town Manager 293,382 291,204 0 291,204 291,204
Asst. Town Manager/HR 98,365 98,365 0 98,365 98,365
Town Accountant 257,774 260,219 -31,233 228,986 228,986
Purchasing 66,760 62,900 -62,900 0 0
Finance Committee 795 795 0 795 795
Treasurer/Collector 313,500 314,685 -500 314,185 314,185
Outside Auditing 60,000 51,000 -51,000 0 0
Assessing 308,298 307,320 -3,500 303,820 303,820
Legal 215,000 225,000 0 225,000 225,000
Information Systems 362,500 353,389 -353,389 0 0
Town Clerk 296,982 331,812 0 331,812 331,812
Community Development 204,919 204,430 -5,800 198,630 198,630
Planning 114,301 113,435 0 113,435 113,435
Conservation 87,071 84,230 -550 83,680 83,680
Board of Appeals 37,316 31,015 0 31,015 31,015
2,717,788 2,730,625 -508,872 2,221,753 2,221,753
PUBLIC SAFETY
Police Department 4,283,946 4,309,432 -19,673 4,289,759 4,303,559
Fire Department 4,370,592 4,333,998 0 4,333,998 4,333,998
Inspectional Services 250,243 250,627 0 250,627 250,627
Emergency Management 21,237 21,237 0 21,237 21,237
8,926,018 8,915,294 -19,673 8,895,621 8,909,421
EDUCATION
27
N A Public Schools 37,761,749 37,153,387 -510,635 36,642,752 37,059,252
37,761,749 37,153,387 -510,635 36,642,752 37,059,252
28
FY10 FY11 FY11 FY11
PUBLIC WORKS Rectass to Town Mgr& Finance
Support BOS Committee
Recap Town Mgr. Services Recommended Recommended
Administration 359,272 365,907 0 365,907 365,907
Street& Sidewalks 782,278 768,685 0 768,685 768,685
Solid Waste/Recycling 1,300,000 1,296,275 0 1,296,275 1,296,275
Fleet Maintenance 273,838 276,604 0 276,604 276,604
Structures&Grounds 506,319 498,599 -9,282 489,317 489,317
Snow&Ice Removal 700,000 740,086 0 740,086 720,000
3,921,707 3,946,155 -9,282 3,936,873 3,916,787
HEALTH&HUMAN
SERVICES
Health Department 191,953 191,953 0 191,953 191,953
Elder Services 241,757 242,469 0 242,469 248,069
Youth/Recreation Services 243,952 242,156 0 242,156 245,156
Veterans Service 219,164 259,464 0 259,464 259,464
896,826 936,042 0 936,042 944,642
CULTURE &RECREATION
Stevens Library 812,590 812,060 0 812,060 831,273
Festivals Committee 0 0 0 0 0
Recreation 0 0 0 0 0
Historical Commission 0 0 0 0 0
812,590 812,060 0 812,060 831,273
SUPPORT SERVICES
Outside Auditing 0 0 51,000 51,000 51,000
Purchasing 0 0 62,900 62,900 62,900
Information Systems 0 0 884,562 884,562 734,562
Structures&Grounds 0 0 50,000 50,000 75,000
0 0 1,048,462 1,048,462 923,462
DEBT SERVICE
Excluded-Principal-Long Term 2,499,856 2,529,856 2,529,856 2,529,856
Excluded-Interest-Long Term 739,126 638,713 638,713 638,713
Excluded-Interest- Short Term 0 0 0 0
Included-Principal-Long Term 2,726,290 3,044,825 3,044,825 3,044,825
Included-Interest-Long Term 591,584 699,266 699,266 699,266
Included-Interest-Short Term 0 0 0 0
6,556,856 6,912,660 0 6,912,660 6,912,660
29
FY10 FY11 FY11 FY11
EMPLOYEE BENEFITS Reclass to Town Mgr& Finance
Support BOS Committee
Recap Town Mgr. Services Recommended Recommended
Retirement Assessment 2,596,530 2,803,785 2,803,785 2,803,785
Workers Comp 247,263 259,626 259,626 259,626
Unemployment Compensation 153,180 200,000 200,000 200,000
Group Insurance 6,847,527 8,722,955 8,722,955 8,172,955
Payroll Taxes 600,000 600,000 600,000 600,000
Police&Fire Accident&
Sickness Ins 75,000 75,000 75,000 75,000
10,519,500 12,661,366 0 12,661,366 12,111,366
LIABILITY INSURANCE
300,641 300,641 0 300,641 300,641
CAPITAL&RESERVES
Finance Committee Reserve 0 0 0 0
Transfer to Stabilization Fund 905,000 0 0 236,973
Articles 0 0 0 0
Deficits(Stevens Estate) 120,000 40,000 40,000 40,000
Deficits(Snow and Ice) 0 288,250 288,250 288,250
Overlay 371,669 300,000 300,000 300,000
1,396,669 628,250 0 628,250 865,223
STATE ASSESSMENTS
Spec Ed 0 36,547 36,547 36,547
Mosquito Control 85,862 85,449 85,449 85,449
Retired Teachers Health
Insurance 1,883,555 1,713,623 1,713,623 1,713,623
Air Pollution Districts 8,311 8,484 8,484 8,484
Regional Transit 175,999 174,085 174,085 174,085
RMV Non Renewal Surcharge 18,120 17,460 17,460 17,460
School Choice 17,575 16,000 16,000 16,000
Charter School Assessment 97,646 74,952 74,952 74,952
Essex County Agricultural
Assessment 49,072 59,618 59,618 59,618
2,336,140 2,186,218 0 2,186,218 2,186,218
Regional Schools 259,239 362,832 362,832 362,832
School Building Committee 900 900 900 900
260,139 363,732 0 363,732 363,732
Total Non-Departmental Cost 21,369,945 23,052,867 0 23,052,867 22,739,840
General Fund Budget 76,406,624 77,546,429 0 77,546,429 77,546,429
30
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Article 21. 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 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;
WATER
ENTERPRISE
FYI
Recommendation
Town Manager
FY10 Department Board of Selectmen
Budget Request Finance Committee
Personnel 785,092 623,494 623,494
Expense 1,374,411 1,400,465 1,300,465
Debt Service 2,686,211 2,791,277 2,791,277
Sub-Total Direct
Expenditures 4,845,714 4,815,236 4,715,236
Admin/Indirect 623,712 658,016 658,016
Total Water Enterprise 5,469,426 5,473,252 5,373,252
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
31
Article 22. 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;
SEWER ENTERPRISE FUND
FYI
Recommendation
Town Manager
FY10 Department Board of Selectmen
Budget Request Finance Committee
Personnel 394,887 560,473 560,473
Expense 282,450 329,201 300,201
GLSD Assessment 1,367,010 1,642,900 1,642,900
Settlement 56,000 56,000 56,000
Debt Service 2,086,123 2,068,082 2,068,082
Sub-Total Direct Expenditures 4,186,470 4,656,656 4,627,656
Admin/Indirect 383,783 422,161 422,161
Total Sewer Enterprise 4,570,253 5,078,817 5,049,817
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
32
Article 23. 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;
STEVENSESTATE
AT OSGOOD HILL ENTERPRISE FUND
FYI FYI
FY10 Department Recommendation
Budget Request Town Mgr & BOS
Personnel 102,930 103,372 103,282
Expense 138,557 143,352 143,442
Debt Service 0 0 0
Sub-Total Direct Expenditures 241,487 246,724 246,724
Admin/Indirect 46,460 46,460 46,460
Total Stevens Estate Enterprise 287,947 293,184 293,184
Or to take any other action relative thereto.
Board of Selectmen
Article 24. Amend General Bylaws Chapter 44 Public Meetings, Section
1 Televising of Land Use Board Meetings. To see if the Town will vote to
change the title of Section 44.1 of the General Bylaws, and add the Board of
Selectmen and Finance Committee to those boards whose meetings are to be
televised.
Chapter 44, Section 1, is to be amended by removing the text shown as
stricken, and adding the text shown as underlined
§ 44-1 Televising of use Board Meetings
All meetings of the Planning Board, Zoning Board of Appeals, Board of
Health, mW Conservation Commission, Board of Selectmen 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
33
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, ov Conservation Commission, Board of
Selectmen or Finance Committee.
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Unfavorable Action
Article 25. Instructional Motion to the North Andover Finance Committee and Board
of Selectmen. To see if the Town will vote to instruct the North Andover Finance Committee
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.
Petition of Peter Besen and others
Board of Selectmen Recommendation: Unfavorable Action
Finance Committee Recommendation: Favorable Action
Article 26. Change Annual Town Meeting Day. To see if the Town will vote to change
Annual Town Meeting from being 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.
34
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
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Unfavorable Action
Article 27. 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
Board of Selectmen Recommendation: Unfavorable Action
Planning Board Recommendation: To Be Made at Town Meeting
35
Article 28. 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
;hat, pursuant to Massachusetts General Laws and Chapter 59-5 C of the General Bylaws of the
own of North Andover, for any capital project in excess of$500,000 or any other appropriation,
he Town may, by vote of the Town Meeting, have the following condition added to it: "provided
hat this appropriation and debt authorization be contingent upon passage of a Proposition 2 1/2
.ebt exclusion referendum under General Laws Chapter 59, Section 21C(k)":
Fiscal Year 2011 CIP
Recommendations:
Town Manager's
Line # Proiect Description Fund Code Recommendations
1 Roadway Improvements B/N-G $ 380,000
2 Sidewalk Reconstruction B/N-G $ 50,000
3 Senior Center Roof Replacement B/N-G $ 26,000
4 Facilities Master Plan B/N-G $ 150,000
5 Police Station Equipment B/N-G $ 405,000
School Information Technology B/N-G $ 863,000
6 Network Equipment
7 Revenue Billing System B/N-G $ 90,000
8 Middle School Roof Replacement B/N-G $ 310,000
9 Body Armor Replacement B/N-G $ 40,000
10 Fire Department Radio Equipment B/N-G $ 432,000
11 Dump Truck, 2 Ton with Plow B/N-G $ 55,000
Fire Sprinkler System Kittredge
12 School B/N-G $ 450,000
General Fund Total $ 392519000
13 Meter Replacement B/N-W $ 450,000
Water Enterprise Fund Total $ 4509000
B/N-S $ -
R/A-S $ -
Sewer Enterprise Fund Total $ -
* Fund Codes spelled out below
36
Funding Recommendation Code Totals
Raise and Appropriate - General Fund R&A-G $ -
Raise and Appropriate -Water Enterprise R&A-W $ -
Raise and Appropriate - Sewer Enterprise R&A-S $ -
Bonds/Notes - General Fund B/N-G $ 3,251,000
Bonds/Notes - Water Enterprise B/N-W $ 450,000
Bonds/Notes - Sewer Enterprise B/N-S $ -
Total All Capital Projects $ 3,701,000
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
Article 29. 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;
List of Appropriations— Community Preservation Fund
Description Amount Category
Town Common: Scenic $450,000 Historical Preservation
restoration; underground
utilities
Ridgewood Cemetery: $70,150 Historical Preservation
Restoration of gates,
Veteran's lot, grave
markers and landscapes
(Phase 11)
Stevens Library: $50,000 Historical Preservation
Restoration of main
walkway
37
Main Street Fire House: $22,500 Historical Preservation
Refurbishment of building
infrastructure (Phase 11)
Hay Scales Building $7,695 Historical Preservation
(Town Common);Building
Restoration Phase II
Reserve for future $182,400 Affordable Housing
expenditures
Principal and Interest $650,000 Open Space Protection
expenses: Windrush Farm
Rolling Ridge: Purchase of $600,000 Open Space Protection
conservation restriction,
public trail access and
parking area
Windrush Farm: Parking $15,000 Open Space Protection
area
Administrative Costs $30,000 Administrative and
O eratin g Expenses
Total Appropriations $2,077,745
Or to take any other action relative thereto.
Community Preservation Committee
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
Article 30. Acceptance of Massachusetts General Laws- Chapter 32B,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
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Article 31. Amend Zoning Bylaw-Section 2.63.1 — Sign, 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,
38
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.
Inspector of Buildings
Board of Selectmen Recommendation: Favorable Action
Planning Board Recommendation: Favorable Action
Article 32. 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 except 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.
Inspector of Buildings
Board of Selectmen Recommendation: Favorable Action
Planning Board Recommendation: Favorable Action
Article 33. 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:
39
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.
X7.31 —Proiections 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—Proiections 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.
X7.33—Proiections 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.
Inspector of Buildings
Board of Selectmen Recommendation: Favorable Action
Planning Board Recommendation: To Be Made at Town Meeting
Article 34. 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 the underlined text "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 Rl, R2, R3, R4 and R6
40
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.
Inspector of Buildings
Board of Selectmen Recommendation: Favorable Action
Planning Board Recommendation: To Be Made at Town Meeting
Article 35. 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:
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
Board of Selectmen Recommendation: Favorable Action
Planning Board Recommendation: To Be Made at Town Meeting
Article 36. Amend General Bylaws Chapter 127 Junk Dealers. To see if the Town will
vote to change the title of Chapter 127 to include dealers of Secondhand Precious Metals or
Gems, and to add new sections, 127-2,3,and 4, to regulate purchasing transactions.
Chapter 127, Title and Sections 2, 3, and 4 are to be amended by adding the text shown as
underlinetL
Chapter 127
JUNK DEALERS /DEALERS OF SECONDHAND PRECIOUS METALS OR GEMS
127-2 Purchases:
41
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)
c. 127-3 Weights and Measures and Scales
The weight to be used and the type of scale to be used by a person licensed
pursuant to the provisions of this bylaw shall be described by the town sealer of
weights and measures. The purchaser shall put the current market price at the
weight at which they are buying. The licensee must present with his application for
a license, a certificate from the sealer of weights and measures and scales have been
properly sealed. The applicant must notify the Police Department of the name of
the firms to whom he sells his precious metals and if there are any changes the
Police Department shall be so notified.
d. 127-4 Hours of Operation
The hours of operation of a person licensed pursuant to the provisions of this bylaw
shall be from the time of 9:00 a.m. to 9:00 p.m., except that the premises shall be
closed on Sunday.
Or to take any other action relative thereto.
Town Clerk
Board of Selectmen Recommendation: Favorable Action
Article 37. Add New General Bylaw Chapter 113 - Fortune Tellers. To see if the
Town will vote to add a new chapter, Chapter 113 to the General Bylaws to regulate the
licensing of Fortune Tellers.
Chapter 113 is to be added by inserting the text shown as underlined
42
CHAPTER 113
FORTUNE TELLERS
113-1 Definition
Any person going under the title of fortune teller, reader, adviser or seer, medium,
healer or spiritualist, palm reader, card reader or physic shall be deemed a fortune teller,
for the purpose of this bylaw
113-2 License Required— Qualifications of Applicant
It shall be unlawful for any person to engage in the business of fortune teller
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 Systems
Board pursuant to the Criminal Record Information Act setting forth the criminal record,
if any, of the applicant.
113-3 Fee— Transferability
The fee for each license granted under this section shall be $50.00 dollars ($50.00)
annually and the license shall not be transferred or assigned
113-4 Revocation
The License Commission may revoke such license because of any violations of this
bylaw or any other town bylaw.
113-5 Fines for Failure to Procure
Whoever engages in fortune telling for money, unless licenses under this bylaw,
shall be subiect to a fine of one hundred dollars ($100.00). Fines will be enforced by non-
criminal disposition pursuant to Massachusetts General Laws Chapter 40, Section 21D.
Or to take any other action relative thereto.
Article 38. 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.
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,
43
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 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
Board of Selectmen Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
Article 39. 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 by removing the text shown
as stricken 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,Seetior. 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
NEW dated June 2, 1993 as Zone A, AE, AH, AO, A99, and the FEAT A Flood
Boundary & Floodway Alap dated itme 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 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
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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.
Division of Community Development
Board of Selectmen Recommendation: To Be Made at Town Meeting
Finance Committee Recommendation: To Be Made at Town Meeting
Article 40. Amend Chapter 45 of the General Bylaws- Public Safety, Chiefs of Police
and Fire Departments-Add New Section-Appointment Process. 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
Chapter 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 41. 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
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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;
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: To Be Made at Town Meeting
Planning Board Recommendation: To Be Made at Town Meeting
Article 42. 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
Board of Selectmen Recommendation: Favorable Action
Planning Board Recommendation: Favorable Action
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And you are directed to serve this Warrant by posting true and attested copies thereof at the
Town Office Building and one public place in each voting precinct in the Town, said copies to
be posted not less than seven (7) days before the time of said meeting.
Hereof, fail not, and make due return of the Warrant with the doings thereon to the Town at the
time and place of said meeting. Given under our hands this Twelfth Day of April, in the Year
Two Thousand Ten.
NORTH ANDOVER BOARD OF SELECTMEN
Tracy M. Watson, Chairman
William F. Gordon
Daniel P. Lanen
Richard A. Nardella
Rosemary Connelly Smedile
North Andover, Massachusetts
Joyce A. Bradshaw, Town Clerk
Attest: A True Copy
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