HomeMy WebLinkAboutMAY 11, 2010-REVIEW OF TM VOTES FOR WEB Article 1. Reports of Special Committees. To see if the Town will vote to hear the reports
of any appointed special committees;
Unanimously voted to "take no action" on Article 1 —No reports of Special Committees.
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;
Unanimously voted to Adopt Article 2 as printed in the warrant.
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;
Unanimously voted to Adopt Article 3 as printed in the warrant.
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;
Unanimously voted to Adopt Article 4 as printed in the warrant.
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;
Unanimously voted to Adopt Article 5 as printed in the warrant.
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:
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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
Unanimously voted to Adopt Article 6 as printed in the warrant.
Article 7. Prior Years Unpaid Bills. To see if the Town will vote to authorize payment
of the following unpaid bills from prior years, by respective departments, using appropriations
of the current fiscal year;
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
Unanimously voted to Adopt Article 7 as printed in the warrant.
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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 Revolving FY 2011
Number Fund Authorized to Spend Use of Funds Revenue Source Limit
1. Participants'fees,
2031213 Youth and Assistant Town All programs and Grants,Donations, $ 250,000
Recreation Manager activities,expense,part and related
Services time help Fundraising
Revolving proceeds
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 Senior programs, Participants'fees, $ 20,000
-COA Manager classes and activities Grants,Donations,
Revolving and related
Fundraising
proceeds
4. Clinic participant
2031211 Health Director-Community Clinic supplies and fees, Grants, $ 30,000
Department Development Division other 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 Community $ 18,000
Health Development Division the air quality Agreement
8. Food Consultant fees
2031207 Health Dept- Director-Community and expenses related to Inspection Fees $ 20,000
Food Development Division program
Inspections
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
TOTAL $483,000
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Revolving ,Fdhd 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
1
2031213 Youth and Recreation $ 275,329 $ 260,219 $ (240,328) $ 295,219 $ 86,714 $ (229,358) $ 152,575
Services Revolving
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2031210 Field Maintenance $ 16,458 $ 8,000 $ (10,190) $ 14,268 $ 6,900 $ $ 21,168
3 Elder Services
2031217 -COA Revolving $ 627 $ 2,388 $ (605) $ 2,410 $ 9,945 $ (9,097) $ 3,258
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 Wheelabrator Public
2031205 Safety $ 69,799 $ 12,500 $ (23,971) $ 58,328 $ 15,700 $ (5,704) $ 68,324
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2031206 Wheelabrator-Health $ 24,067 $ $ (3,079) $ 20,988 $ $ (2,000) $ 18,988
8 Health Dept-Food
2031207 Inspections $ 67,490 $ 22,065 $ (14,098) $ 75,457 $ 21,235 $ (9,413) $ 87,279
9 Health Dept-Septic
2031208 Inspections $ 28,937 $ 11,150 $ (22,338) $ 17,749 $ 7,309 $ (10,383) $ 14,676
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
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
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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
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
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
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
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
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".
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B. Transfer unexpended bond proceeds or other funding sources from May 13, 2008 Annual
Town Meeting, Article 22, "Preschool Facility" an amount not to exceed $164,000 to the
"Appropriation of funds for Modular School Buildings Project", May 12, 2009 Annual Town
Meeting, Article 24.
Or to take any other action relative thereto.
Board of Selectmen
Article 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
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
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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
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
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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
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
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tower, monopole or electric utility transmission tower for which a special
permit issued under this Section 8.9 is in effect, provided that the new
facility shall obtain a special permit from the Planning Board and, provided
further that any new facility shall not exceed the terms and conditions of the
special permit in effect for the existing facility on which it is to be located.
iii) No wireless service facility shall be located in the Town except upon
issuance of a special permit. Small scale wireless facilities which satisfy the
conditions in order for the Federal Communications Commission's Over-
the-Air Reception Devices ("OTARD") rules to apply and which are
consistent with the OTARD rules are exempt from this bylaw.
iv) As required by the federal Telecommunications Act of 1996, there may be
no regulation of a wireless service facility on the basis of the environmental
effects of radio frequency emissions, other than as required by the Federal
Communications Commission.
v) The installation, construction, or other placement of new lattice towers or
guyed towers (as distinguished from those existing at the time of the
inception of this Bylaw) shall not be permitted.
b) Location:
i) The Wireless Telecommunications Overlay District (WTOD) is intended to
protect the resources of the Town, while allowing adequate Wireless
Telecommunications to be developed. The WTOD is an overlay district
mapped over other districts. It modifies and where there is inconsistency,
supersedes the regulations of such other districts. Except as so modified or
superseded, the regulations of the underlying districts remain in effect. Any
use of lands within the WTOD for purposes of placement, construction,
modification or removal of Wireless Service Facilities shall be subject to the
requirements of Section 8.9 of this Bylaw. The District includes the
properties listed below. These properties are included by reason of their
potential to provide technically feasible and accessible locations for the
siting of facilities which can provide adequate wireless telecommunications
services to the Town. Properties not currently in the WTOD can only be
added to the WTOD by vote of Town Meeting.
ii) Upon issuance of a Special Permit by the Planning Board, a Wireless
Service Facility 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)
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Map 106D, Parcel 5 (Commonwealth of Massachusetts)
Map 106B, Parcel 215 (Commonwealth of Massachusetts)
Map 106B, Parcel 214 (Commonwealth of Massachusetts)
Map 106C, Parcel 30 (Commonwealth of Massachusetts)
Map 106C, Parcel 32 (Commonwealth of Massachusetts)
Map 106D, Parcel 4 (Commonwealth of Massachusetts)
Map 106D, Parcel 14 (Commonwealth of Massachusetts)
Map 106D, Parcel 13 (Commonwealth of Massachusetts)
Map 106C, Parcel 3 (Commonwealth of Massachusetts)
Map 106C, Parcel 8 (Commonwealth of Massachusetts)
Map 106C, Parcel 9(Commonwealth of Massachusetts)
Map 106D, Parcel 10 (Commonwealth of Massachusetts)
Map 106B, Parcel 217 (Commonwealth of Massachusetts)
Map 106B, Parcel 24 (Commonwealth of Massachusetts)
Map 104A, Parcel 21(Commonwealth of Massachusetts)
Map 108C, Parcel 43 (Commonwealth of Massachusetts)
Map 109, Parcel 33 (Commonwealth of Massachusetts)
Map 106C, Parcel 11 (Commonwealth of Massachusetts)
Map 106C, Parcel 12(Commonwealth of Massachusetts)
Map 108C, Parcel 40 (Commonwealth of Massachusetts)
Map 108C, Parcel 45(Commonwealth of Massachusetts)
Map 108C, Parcel 41 (Commonwealth of Massachusetts)
Map 107B, Parcel 26 (Commonwealth of Massachusetts)
Map 107B, Parcel 24 (Commonwealth of Massachusetts)
Map 106D, Parcel 16(Commonwealth of Massachusetts)
Map 106B, Parcel 216 (Commonwealth of Massachusetts)
Map 106B, Parcel 217 (Commonwealth of Massachusetts)
Map 34, Parcel 21 (Commonwealth of Massachusetts)
Map 108C, Parcel 42 (Commonwealth of Massachusetts)
Map 104D, Parcel 47 (Manzi)
Map 104D, Parcel 14 (Manzi)
Map 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)
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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
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
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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
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
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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
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.
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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
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 andPor 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
14
applicant and/or co-applicant is required. Photo reproductions of
signatures will not be accepted. All other filing requirements in the
Zoning Bylaw and the Rules and Regulations as applicable must be
complied with.
(5) The applicant shall submit documentation of the legal right to install
and use the proposed facility at the time of application for a Special
Permit under this bylaw and also at the time of application for a
building permit.
ii) Location Filing Requirements:
(1) Identify the subject property by including the name of the nearest road
or roads, street address, and Assessors Map and Parcel number of
subject property
(2) Identify the Zoning District designation for the subject parcel. Submit a
copy of Town zoning map with parcel identified.
(3) A locus map at a scale of 1" = 1500' showing the subject property.
(4) A map showing the other preexisting and approved wireless service
facilities in North Andover and outside North Andover within one mile
of its boundary.
(5) GPS all equivalent systems locating by latitude and longitude wireless
service facilities.
(6) A report by a qualified Radio Frequency Engineer relating to (1) a
claimed substantial gap in coverage and (2) the proposed facility's
compliance with 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.
15
(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
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
16
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.
(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
17
directions: height, width and breadth. These shall be provided for the
antennas, mounts, equipment shelters and security barrier, if any.
(5) Appearance shown by at least two photographic superimpositions of the
wireless service facility within the subject property. The photographic
superimpositions shall be provided for the antennas, mounts, equipment
shelters, cables as well as cable runs, and security barrier, if any, for the
total height, width and breadth.
vi) Design Filing Requirements for Monopole Facilities:
(1) Equipment brochures for the proposed wireless service facility such as
manufacturer's specifications or trade journal reprints shall be provided
for the antennas, mounts, equipment shelters, cables as well as cable
runs, and security barrier, if any.
(2) Materials of the proposed wireless service facility specified by generic
type and specific treatment (e.g. anodized aluminum stained wood,
painted fiberglass, alloys, etc.). These shall be provided for the
antennas, mounts, equipment shelters, cables as well as cable runs, and
security barrier, if any.
(3) Colors of the proposed wireless service facility represented by a color
board showing actual colors proposed. Colors shall be provided for the
antenna mounts, equipment shelters, cables as well as cable runs, and
security barrier, if any.
(4) Dimensions of the wireless service facility specified for all three
directions: height, width and breadth. These shall be provided for the
antennas, mounts, equipment shelters and security barrier, if any.
(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
18
developed and twenty-five (25) feet beyond property lines. The printout
shall indicate the locations and types of luminaries proposed.
(9) No commercial signage or advertising may be affixed to any monopole
or other wireless service facility.
(10)The applicant shall provide design details for the foundation of a
proposed monopole, the connection of the proposed monopole to the
foundation and the break away points of the proposed monopole.
(11)The Town may retain a technical expert or experts to review, and report
upon, the application. The cost for such technical experts will be paid
at the expense of the applicant.
vii) Structural Integrity Filing Requirements
(1) At the time of application for a special permit for a monopole or stealth
antenna the applicant shall provide certification by a structural engineer
that the wireless service facility is structurally sound for the proposed
facility.
(2) Monopoles must at all times be maintained in good and safe condition.
The Personal Wireless Service provider shall arrange for a professional
structural engineer licensed in Massachusetts to inspect and review a
monopole and all accessory buildings upon completion of construction
to certify these structures are in sound condition. A report of the
engineer's findings shall be filed with the Town Building
Commissioner at the completion of construction of the monopole. The
SPGA may require such an engineer's report to be filed after the fifth
year of operation of the monopole facility and every five years
thereafter. 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
19
Section 8.9(4)(d).
ix) Radiofrequency Radiation (RFR) Filing Requirements
(1) All telecommunications facilities shall be operated only at Federal
Communications Commission (FCC) designated frequencies, power
levels and standards, including FCC Radio Frequency Emissions
standards. The applicant shall provide certification demonstrating that
the maximum allowable frequencies and power levels will not be
exceeded. Certifications shall include technical specifications, a written
explanation of those specifications, and, if necessary, field verification.
(2) In order to determine compliance with applicable FCC regulations, the
applicant shall provide a statement listing the preexistent and future
projected measurements of RFR from the proposed wireless service
facility, including all co-locators, for the following situations:
(a) Preexisting or ambient: the measurement of preexistent RFR.
(b) Preexisting plus proposed wireless service facilities: estimate of
RFR from the proposed wireless service facility plus the
preexisting RFR environment.
(c) Certification, signed by a engineer, stating that RFR
measurements are accurate and meet FCC Regulations and
Guidelines and the Radiofrequency Radiation Standards
subsection of this Bylaw.
x) Federal Environmental Filing Requirements
(1) At the time of application filing, an Environmental Assessment (EA)
that meets FCC requirements shall be submitted to the Town for each
wireless service facility site that requires such an EA to be submitted to
the FCC
(2) The applicant shall list location, type and amount (including radiation
trace elements) of any materials proposed for use within the wireless
service facility that are considered hazardous by the federal, state or
local government.
xi) Waiver. The SPGA may waive one or more of the application filing
requirements of this section if it finds that such information is not needed for
a thorough review of a proposed wireless service facility.
6) Co-location
a) If feasible, wireless service facilities shall be located on 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
20
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,
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
21
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
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
22
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.
11)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.
23
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
Article 17. Amend Zoning Bylaw — Section 3 Zoning Districts and Boundaries,
Subsection 3.1 Establishment of Districts. To see if the Town will vote to add a new district
to the list of designated districts within the bylaw.
Section 3, Subsection 3.1, is to be amended adding at the end of listed districts, the text shown
as underlined
Wireless Telecommunications Overlay District
Or to take any other action relative thereto.
Board of Selectmen
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
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.
Or to take any other action relative thereto
Board of Selectmen
24
25
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;
FY 11 GENERAL FUND BUDGET
w/Support Services Recommendations
FY10 FY11 FY11 FY11 FY11
Reclass to Town Mgr& BOS Finance Committee
Recap Dept Requested Town Mgr. Support Recommended Recommended
GENERAL GOVERNMENT
Town Moderator 825 825 825 0 825 825
Selectmen/Town Manager 293,382 299,186 291,204 0 291,204 291,204
Asst. Town Manager/HR 98,365 101,801 98,365 0 98,365 98,365
Town Accountant 257,774 266,472 260,219 -31,233 228,986 228,986
Purchasing 66,760 65,356 62,900 -62,900 0 0
Finance Committee 795 795 795 0 795 795
Treasurer/Collector 313,500 317,062 314,685 -500 314,185 314,185
Outside Auditing 60,000 60,000 51,000 -51,000 0 0
Assessing 308,298 313,381 307,320 -3,500 303,820 303,820
Legal 215,000 250,000 225,000 0 225,000 225,000
Information Systems 362,500 359,995 353,389 -353,389 0 0
Town Clerk 296,982 339,582 331,812 0 331,812 331,812
Community Development 204,919 209,653 204,430 -5,800 198,630 198,630
Planning 114,301 115,852 113,435 0 113,435 113,435
Conservation 87,071 86,349 84,230 -550 83,680 83,680
Board of Appeals 37,316 31,015 31,015 0 31,015 31,015
2,717,788 2,817,325 2,730,625 -508,872 2,221,753 2,221,753
PUBLIC SAFETY
Police Department 4,283,946 4,730,808 4,309,432 -19,673 4,289,759 4,303,559
Fire Department 4,370,592 4,526,818 4,333,998 0 4,333,998 4,333,998
Inspectional Services 250,243 257,804 250,627 0 250,627 250,627
Emergency Management 21,237 21,237 21,237 0 21,237 21,237
47
FY 11 GENERAL FUND BUDGET
w/Support Services Recommendations
FY10 FY11 FY11 FY11 FY11
Reclass to Town Mgr& BOS Finance Committee
Recap Dept Requested Town Mgr. Support Recommended Recommended
EDUCATION
N A Public School 37,761,749 38,014,976 37,153,387 -510,635 36,642,752 37,059,252
37,761,749 38,014,976 37,153,387 -510,635 36,642,752 37,059,252
PUBLIC WORKS
Administration 359,272 376,474 365,907 0 365,907 365,907
Street&Sidewalks 782,278 794,459 768,685 0 768,685 768,685
Solid Waste/Recycling 1,300,000 1,296,275 1,296,275 0 1,296,275 1,296,275
Fleet Maintenance 273,838 276,604 276,604 0 276,604 276,604
Structures &Grounds 506,319 524,446 498,599 -9,282 489,317 489,317
Snow & Ice Removal 700,000 1,074,926 740,086 0 740,086 720,000
3,921,707 4,343,184 3,946,155 -9,282 3,936,873 3,916,787
HEALTH & HUMAN SERVICES
Health Department 191,953 198,243 191,953 0 191,953 191,953
Elder Services 241,757 253,753 242,469 0 242,469 248,069
Youth and Recreation Services 243,952 283,932 242,156 0 242,156 245,156
Veterans Service 219,164 261,252 259,464 0 259,464 259,464
896,826 997,180 936,042 0 936,042 944,642
CULTURE & RECREATION
Stevens Library 812,590 840,966 812,060 0 812,060 831,273
Festivals Committee 0 0 0 0 0 0
Recreation 0 0 0 0 0 0
Historical Commission 0 0 0 0 0 0
812,590 840,966 812,060 0 812,060 831,273
SUPPORT SERVICES
Outside Auditing 0 0 0 51,000 51,000 51,000
Purchasing 0 0 0 62,900 62,900 62,900
Information Systems 0 0 0 884,562 884,562 734,562
Structures &Grounds 0 0 0 50,000 50,000 75,000
0 0 0 1,048,462 1,048,462 923,462
48
FY 11 GENERAL FUND BUDGET
w/Support Services Recommendations
FY10 FY11 FY11 FY11 FY11
Reclass to Town Mgr& BOS Finance Committee
Recap Dept Requested Town Mgr. Support Recommended Recommended
DEBT SERVICE
Excluded - Principal - Long Term 2,499,856 2,529,856 2,529,856 2,529,856 2,529,856
Excluded - Interest- Long Term 739,126 638,713 638,713 638,713 638,713
Excluded - Interest-Short Term 0 0 0 0 0
Included - Principal - Long Term 2,726,290 3,044,825 3,044,825 3,044,825 3,044,825
Included - Interest- Long Term 591,584 699,266 699,266 699,266 699,266
Included - Interest-Short Term 0 0 0 0 0
6,556,856 6,912,659 6,912,660 0 6,912,660 6,912,660
EMPLOYEE BENEFITS
Retirement Assessment 2,596,530 2,803,785 2,803,785 2,803,785 2,803,785
Workers Comp 247,263 259,626 259,626 259,626 259,626
Unemployment Compensation 153,180 200,000 200,000 200,000 200,000
Group Insurance 6,847,527 9,079,903 8,722,955 8,722,955 8,172,955
Payroll Taxes 600,000 600,000 600,000 600,000 600,000
Police & Fire Accident&Sickness Ins 75,000 75,000 75,000 75,000 75,000
10,519,500 13,018,314 12,661,366 0 12,661,366 12,111,366
LIABILITY INSURANCE
300,641 300,641 300,641 0 300,641 300,641
CAPITAL& RESERVES
Finance Committee Reserve 0 0 0 0 0
Transfer to Stabilization Fund 905,000 0 0 0 236,973
Articles 0 0 0 0 0
Deficits ( Stevens Estate) 120,000 40,000 40,000 40,000 40,000
Deficits (Snow and Ice) 0 0 288,250 288,250 288,250
Overlay 371,669 300,000 300,000 300,000 300,000
1,396,669 340,000 628,250 0 628,250 865,223
49
FY 11 GENERAL FUND BUDGET
w/Support Services Recommendations
FY10 FY11 FY11 FY11 FY11
Reclass to Town Mgr& BOS Finance Committee
Recap Dept Requested Town Mgr. Support Recommended Recommended
STATE ASSESSMENTS
Spec Ed 0 0 36,547 36,547 36,547
Mosquito Control 85,862 85,862 85,449 85,449 85,449
Retired Teachers Health Insurance 1,883,555 1,714,000 1,713,623 1,713,623 1,713,623
Air Pollution Districts 8,311 8,421 8,484 8,484 8,484
Regional Transit 175,999 179,519 174,085 174,085 174,085
RMV Non Renewal Surc 18,120 18,120 17,460 17,460 17,460
School Choice 17,575 17,575 16,000 16,000 16,000
Charter School Assessment 97,646 102,431 74,952 74,952 74,952
Essex County Agricultural Assmn't 49,072 49,072 59,618 59,618 59,618
2,336,140 2,174,999 2,186,218 0 2,186,218 2,186,218
Regional Schools 259,239 272,201 362,832 362,832 362,832
School Building Committee 900 900 900 900 900
260,139 273,101 363,732 0 363,732 363,732
Total Non - Departmental Cost 21,369,945 23,019,714 23,052,867 0 23,052,867 22,739,840
General Fund Budget 76,406,624 79,570,012 77,546,429 0 77,546,429 77,546,429
And further to:
Transfer from Special Revenue - GLSD $ 131,245
Transfer from Special Revenue - Community Programs $ 72,310
Or to take any other action relative thereto.
Board of Selectmen
50
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
unds 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
FY11
Recommendation
Town Manager
Board of
FY10 Department Selectmen
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
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
52
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
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
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
53
conditions suspend the requirements hereof, as determined by the Town Manager or the
Manager's designee. All such meetings shall occur in the Town Hall second floor meeting
room. All such meetings shall have posted agendas of discussion items and application names
in the Town Hall and on the Town website or on the cable television network twenty-four hours
prior to the meeting time. If there is a scheduling conflict with the use of the meeting room, the
Town Manager or the Manager's designee, shall have the discretion to determine which Board
shall have use of the room. Nothing contained in this bylaw shall be so construed as to conflict
with the requirements of the Open Meeting law, M.G.L. Chapter 39, Section 23B. A violation
of this bylaw or a failure to comply with this bylaw shall not be grounds for challenging or
invalidating any actions taken at any meeting of the Planning Board, Zoning Board of Appeals,
Board of Health,er Conservation Commission, Board of Selectmen or Finance Committee.
Or to take any other action relative thereto.
Board of Selectmen
Article 25. Procedure for Funding of Collective Bargaining Agreements. 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
Article 26. Change Annual Town Meeting to Saturday. 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.
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
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.
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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
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
6 School IT Network Equipment B/N-G $ 863,000
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
12 Fire Sprinkler Sys. Kittredge School B/N-G $ 450,000
55
General Fund Total $ 3,251,000
13 Meter Replacement B/N-W $ 450,000
Water Enterprise Fund Total $ 450,000
B/N-S $ -
R/A-S $ -
Sewer Enterprise Fund Total $ -
* Fund Codes spelled out below
Funding Recommendation Code Totals
Raise and Appropriate - General Fund R&A-G $ -
Raise and Appropriate -Water Enterprise R&A-W $ -
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 ital Projects $ 3,701,000
Or to take any other action relative thereto.
Board of Selectmen
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,
56
Veteran's lot, grave
markers and landscapes
(Phase 11)
Stevens Library: $50,000 Historical Preservation
Restoration of main
walkway
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
Operating Expenses
Total Appropriations $2,077,745
Or to take any other action relative thereto.
Community Preservation Committee
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
Article 31. Amend Zoning Bylaw -- Section 6 Signs and Outdoor Lighting Regulations,
Subsection 6.3.21 Definitions — Sign Size (Area). To see if the Town will vote to replace the
current definition of Sign Size (Area) with a revised description.
Section 6, Subsection 63.21, is to be amended by removing the text shown as
stricken, and adding the text shown as underlined
6.3 Definitions
57
11. Sign Size (Area) - The surfaee area of any sign is the entire area within a 4ngk
eontinuous perimeter enelosing the extreme limits of lettering, representation-,
emblems, or other figures, together with any material or eolor forming an integ
part of the display or used to differentinte the sign from the baeliground agn
(a). For a sign, either free-standing or attached, the area shall be considered to
include all lettering, wording and accompanying designs and symbols, together
with the background, whether open or enclosed, on which they are displayed but
not including any supporting framework and bracing which are incidental to the
display itself.
(b). For a sign painted upon or applied to a building, the area shall be considered to
include all lettering, wording, and accompanying designs or symbols together with
any backing of a different color than the finish material of the building face.
(c). Where the sign consists of individual letters or symbols attached to or painted
on a surface, building, wall or window, the area shall be considered to be that of the
smallest rectangle or other convex shape which encompasses all of the letters and
symbols.
Or to take any other action relative thereto.
Inspector of Buildings
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
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:
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
58
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.
V.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
Article 34. 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.
59
Board of Selectmen
Article 35. 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:
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, M2)
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
60
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
Article 36. 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
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
61
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.
Town Clerk
Article 37. Amend Zoning Bylaw — Section 4 Buildings and Uses Permitted, Subsection
4.133.11 Industrial 2 District. To see if the Town will vote to allow alternative energy uses
as-of-right within light industrial uses permitted in the Industrial-2 district. .
Section 4, Subsection 4.123.11, is to be amended by adding the text shown as
underlined
4.133 Industrial 2 District
11. a. Light manufacturing, including manufacturing, fabrication, processing, finishing,
assembly, packing or treatment of articles or merchandise provided such uses are
conducted solely within a building and further provided that such uses are not offensive,
noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust,
smoke, fumes, odor, noise, vibration, light or other adverse environmental effect.
b. Renewable or alternative energy research and development facilities, renewable
or alternative energy manufacturing such as wind, solar, biomass, and tidal on any
lot with a minimum of twenty-five (25) acres; less than twenty-five (25) acres but a
minimum of ten (10) acres by Special Permit.
Or to take any other action relative thereto.
Board of Selectmen
Article 38. 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
62
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 june 2, 1993, both maps which indicate the 100
year regulatory floodplain. The exact boundaries of the District may be defined by the
100-year base flood evaluations shown on the FIRM and further defined by the Flood
Insurance study booklet dated June 2, 1993. The FIRM and Flood
Insurance Study booklet are incorporated herein by reference and are on file with the
Town Clerk, Planning Board, Building and Conservation Commission.
5. REFERENCE TO EXISTING REGULATIONS
The Floodplain District is established as an overlay district to all other districts. All
development in the district, including structural and non-structural activities, whether
permitted by right or by special permit must be in compliance with Chapter 131, Section
40 of the Massachusetts General Laws and with the following:
a. Section of the Massachusetts State Building Code which addresses Floodplain and
coastal high hazard areas (currently 780 CMR 120.G 3107.0 "Flood Resistant
Construction");
Or to take any other action relative thereto.
Division of Community Development
Article 39. Amend General Bylaws - Chapter 45 Public Safety, Chiefs of Police and
Fire Departments, Section 45-3 Appointment Process. To see if the Town will vote to
allow use of previous assessment center test results in the selection process of a Chief.
Chapter 45, Section 3, is to be amended by adding the text shown as underlined
§ 45-3 Appointment Process
The filling of vacancies in the positions of Police Chief and Fire Chief in the Town of
North Andover shall include a competitive examination process, which shall provide for an
assessment center selection process. At a minimum, the assessment center selection process
shall consist of the following components:
• A tactical operations exercise (incident simulation);
• An exercise to evaluate written problem-solving skills;
• Labor relations/negotiation exercise;
• Program development/budget preparation exercise; and
• Structured oral interview.
63
The Town Manager shall choose an individual or firm qualified by experience and
knowledge to conduct the assessment center and shall also appoint the interviewing panel which
shall, at a minimum, have two chiefs from the appropriate police or fire discipline to serve on
the panel. The recommendations of the interviewing panel shall be forwarded to the Board of
Selectmen for their consideration in making the appointment.
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 40. Amend General Bylaws -- Chapter 28 Housing Trust Fund, Section 5C
Powers of Trustees. To see if the Town will vote to remove Town Meeting approval as a
requirement for selling or leasing of real estate property by the Housing Trust Fund.
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
The Board of Trustees shall have the following powers which shall be carried out in
accordance with and in furtherance of the provisions of Massachusetts General Laws Chapter
44, Section 55C:
C. With the approval of the Board of Selectmen and Town Aleetin , to sell, lease, exchange,
transfer or convey any real property at public auction or by private contract for such
consideration and on such terms as to credit or otherwise, and to make such contracts and enter
into such undertakings relative to trust real property as the Trustees deem advisable
notwithstanding the length of any such lease or contract;
Or to take any other action relative thereto.
Board of Selectmen
Article 41. 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
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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 LBO7 OF SEL ECTMEN
Tracy M.Watson, Chairman /
William F. Gordon
(_.
Daniel P.Lanen
Richard A.Nardella
t
Rosemary Connelly Smedile
North Andover,Massachusetts
J ce A.Bradshaw,Town Clerk
Attest: A True Copy
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